In today’s New York Times, former Air Force interrogator Matthew Alexander highlights a problem that most Americans have missed: The Obama Administration has not fully outlawed abusive interrogation techniques. Not only must we close Guantanamo Bay, we must close the loopholes that allow torture. The President’s Executive Order a year ago which established the Army Field Manual as the uniform standard for interrogations by all U.S. agencies was a welcome step forward—but, as Alexander points out, there are still glaring problems with the Manual (PDF). Specifically, Appendix M to the Manual, entitled “Restricted Interrogation Technique – Separation,” allows interrogation methods that PHR believes can amount to torture and abuse. The Appendix M guidance allows isolation for an initial period of 30 days, followed by indefinite renewals. It also allows sleep deprivation and sensory deprivation.It’s interesting that Alexander says judgments on how long detainees can be isolated humanely “should be determined by medical professionals, not soldiers, or politicians.” PHR has documented the severe harmful and lasting psychological effects of these techniques and has called for repeal of Appendix M since the current version of the AFM was issued in September 2006. PHR staff and NGO colleagues have raised this issue repeatedly with Pentagon officials over the past year. PHR-affiliated physicians have been bringing their expert medical views on this issue directly to the Pentagon and have at least gotten an engaged hearing, although nothing has been done yet to fix the problems.The profound harmful mental health effects of “separation” (an alternative term for isolation) include hallucinations, severe anxiety and a significantly higher risk of developing psychiatric disorders. All eleven former detainees interviewed and medically evaluated by PHR for the 2008 report Broken Laws, Broken Lives reported being subjected to lengthy periods of isolation. The psychological effects of separation and sensory deprivation are documented in PHR’s report Leave No Marks (with Human Rights First) at pages 30-33 and in PHR’s Break Them Down at pages 59-69.The guidance in Appendix M acknowledges the danger of abuse posed by separation, requiring special safeguards and notification prior to its use, cautioning, “[c]areful consideration should be given prior to employing separation as an interrogation technique in order to mitigate the risks associated with its use.” PHR believes that the risks associated with Appendix M are unacceptable. The prohibition against torture is absolute and interrogation guidance must clearly and unambiguously reflect that. U.S. personnel should not be put in a position to engage in potential violations of U.S. and international law and detainees must be afforded the protections enshrined in applicable anti-torture law.It’s time to rewrite the Army Field Manual and eliminate the potential for abuse in Appendix M.

On Thursday January 21, 2010, the Tom Lantos Human Rights Commission (TLHRC)? is holding a hearing to discuss the proposed Ugandan Anti-Homosexuality Bill. The hearing will be from 2-3:30pm in Rayburn House Office Building and is open to the media and public. The TLHRC was established in 2008 “to promote and advocate in a non-partisan manner, both within and outside of Congress, internationally recognized Human Rights norms.” Congresswoman Tammy Baldwin (D-WI) , who co-authored a letter to the Secretary of State stating her opposition to the Bill in October 2009, will chair the hearing. For more information on the bill, check out these blog posts from December and January.

Take Action

Call? your Congress person to show your opposition to the proposed anti-homosexuality legislation in Uganda and to encourage his/her support to ensure strong US government opposition to this? bill, which if passed would be devastating to health and human rights in Uganda.

• Call 202-224-3121 and ask to be connected to your representative. If you don't know who your current representative is, find out here!
• Introduce yourself as a human rights advocate and a constituent of your Representative.
• Sample call script:

As a [health professional/medical student/concerned citizen], I recognize and respect the important connection between the protection of human rights and the promotion of health. Uganda's proposed Anti-Homosexuality Bill of October 2009 is an offensive bill that violates an individual's rights to life, non-discrimination, expression, association, and a life free from harassment, and inhumane or degrading treatment. It will make it harder for doctors, nurses and medical professionals to provide confidential medical care to their clients, and will have a major negative impact on Uganda's fight against AIDS.On Thursday January 21, 2010, the Tom Lantos Human Rights Commission (TLHRC)? is holding a hearing to discuss this bill–I hope staff from your office will attend. Can I count on Representative _____ to oppose Uganda's Anti-Homosexuality Bill and publicly support US government action to prevent the Bill from being passed?

Public Statement:

Tom Lantos Human Rights Commission (TLHRC) Hearing:

LGBT Community Under Attack:

Uganda’s Anti-Homosexuality Bill

Thursday, January 21, 2010

2:00 – 3:30 PM

Room 2171 Rayburn HOB

Please join the Tom Lantos Human Rights Commission for a hearing on the recent developments affecting the lesbian, gay, bisexual and transgender (LGBT) community in Uganda. The hearing will be held on Thursday, January 21, from 2:00 – 3:30 PM in room 2255 Rayburn HOB. The hearing is open to the media and the public.

On October 14, 2009, an ‘Anti-Homosexuality Bill’ was introduced in Uganda’s parliament. The bill as drafted would increase the penalty for “same sex sexual acts” to life in prison, limit the distribution of information on HIV through a provision criminalizing the “promotion of homosexuality,” and establish the crime of “aggravated homosexuality” punishable by death for anyone in Uganda who is HIV positive and has consensual same-sex relations. Further, the bill includes a provision that could lead to the imprisonment for up to three years of anyone who fails to report within 24 hours the identities of everyone they know who is lesbian, gay, bisexual, or transgender, or who supports human rights for people who are, to the government.

After an international outcry over the bill, including a strong response from the U.S. Department of State, Ugandan President Yoweri Museveni stated in a speech on January 13, 2010, that the bill had become a ‘foreign policy issue’ and needed further consultation before being voted on in parliament.

To discuss these important issues, we will welcome as Commission witnesses:***I.? Panel:Representative, U.S. Department of State (invited)II.???? Panel:Julius Kaggwa, Civil Society Coalition on Human Rights and Constitutional Law, UgandaCary Alan Johnson, International Gay and Lesbian Human Rights CommissionRev. Kapya Kaoma, Political Research AssociatesChristine Lubinski, HIV Medicine Association, Infectious Diseases Society of America*** Witness List subject to change.If you have any questions regarding this hearing, please call Hans Hogrefe (Rep. McGovern) at 202-225-3599.

James P. McGovern, M.C.

Co-Chair, TLHRC

(The following is statement from all the participating NGOs. —Susannah Sirkin)Today ten NGOs, including Enough, Humanity United, Human Rights Watch, Save Darfur Coalition, Genocide Intervention Network, Physicians for Human Rights, American Jewish World Service, Investors Against Genocide, and i-Act/Stop Genocide Now, released a major policy paper calling on the Obama administration to apply firm benchmarks to Sudan to prevent much broader conflict. In its Sudan policy review completed in mid-October 2009, the Obama administration indicated it would regularly assess the progress of peace in Sudan—or lack thereof. But the administration has not publicly disclosed precisely what benchmarks it is applying to assess progress in Sudan, even as it begins its official review process this month and as tensions increase across Sudan.To help bring transparency to the process by which the United States ensures strict adherence to unambiguous benchmarks, and ensure that the appropriate pressures and incentives are applied accordingly, "Clear Benchmarks For Sudan" aims to provide guidance for how officials, concerned citizens, and others in the international community can assess genuine progress toward a lasting peace in Sudan.In addition to today's release, Sudan Now, a coalition of Sudan advocacy groups, ran a new advertisement in the Washington Post. Click here to view the ads.

Take Action

1. As constituents who don't have access to these high level policy officials, it's important that we use every tool at our disposal this week to increase the pressure on these individuals. Call 1-800-GENOCIDE (1-800-436-6243) today to ask your member of Congress to contact the Deputies and ask them to implement clear benchmarks for Sudan.2. Update your status on Facebook with the following information, urging your friends to do the same."This week senior U.S. Government officials will meet to review Sudan policy. Become a fan of the State Department Facebook page and publicly urge Deputy Secretary Jim Steinberg and the other deputies on the National Security Council to be firm when holding Sudan's leading parties to their commitments to promote peace."3. Join our petition on Twitter, urging the Deputies to be strong on Sudan benchmarks when they meet this week.Click here to sign the petition

In 2006, the World Health Organization (WHO) identified 57 countries with severe health worker shortages. These and other nations cannot expect to meet the health and development needs of their people if recruitment practices remain unmonitored and operate without guidelines that are ethical, reflective of local need, and grounded in human rights.This coming week, January 18 -23, the WHO’s Executive Board will meet in Geneva for the first of its two annual meetings. Among other responsibilities, the Executive Board sets the agenda for each year’s World Health Assembly (WHA) and the resolutions that it will consider by 193 member states.At this year’s Executive Board meeting, the Executive Board will consider the latest draft of the Code of Practice (PDF) on the International Recruitment of Health Personnel. The Code is to provide guidance—a set of principles and a framework—that government and non-government actors, including recruitment agencies and hospitals and other health worker employers, are strongly encouraged to follow as they recruit health professionals from source countries to work in destination countries.This health worker migration is an important issue for the Health Workforce Advocacy Initiative (HWAI) because as countries recruit doctors, nurses and other health professionals from abroad, they further reduce the already scarce supply of highly valued and much needed human resources for health.HWAI recognizes that health workers have the right to freely migrate. However, we seek to ensure that international recruitment practices of health personnel are done in a fair and ethical manner that is reflective of source country health needs and human rights, particularly, the right to health. (For a cogent discussion of the interaction between the right to health and health worker recruitment, see pages 13-17 of this report by Paul Hunt (PDF), the first UN Special Rapporteur on the right to health.)HWAI and a coalition of 25 international and national NGOs has written a letter to the WHO that highlights several amendments that have strengthened the Code since its earlier version. The letter also offers a series of recommendations that will further improve the Code and ensure it strengthens fragile health systems. We expect the letter to be formally presented to the Executive Board in the coming days.If the Code is endorsed by the Executive Board, it will then head to the 63rd WHA in May 2010, where it will be considered by member states.

Read the HWAI letter

[download id="19"]The Health Workforce Advocacy Initiative (HWAI), chaired by Physicians for Human Rights and supported by the Global Health Workforce Alliance, is an international civil society-led coalition that works to strengthen human resources for health and seeks to ensure that all people everywhere have access to skilled, motivated, and supported health workers within well-functioning health systems.

The Uganda Anti-Homosexuality Bill has sparked heated debate, both locally and internationally, surrounding the future of human rights in Uganda. If imposed, the bill will both violate the human rights of the gay community and potentially impact every citizen in Uganda who relies on international aid. Sweden has already stated their disapproval by threatening to halt their aid to the country, while the United Nations recognizes that it will require Uganda to withdraw from a number of agreements, including the Universal Declaration of Human Rights. If the bill is passed, it is likely that other countries will take similar steps to hinder their foreign relations with Uganda. The results would be detrimental to the country especially on the issue of aid and health.Foreign aid is a major source of revenue for Uganda and its citizens. One of the industries that will be most affected by a cut in aid will be healthcare associated with HIV/AIDS. The authorization of the Uganda Anti-Homosexuality Bill will thwart current efforts to battle the disease. A number of provisions in the bill directly impact the amount of help organizations and healthcare professionals can offer to patients with HIV/AIDS. Human Rights Watch claims that “the bill would criminalize the legitimate work of national and international activists and organizations working for the defense and promotion of human rights in Uganda.” ?Also, under the new bill, providing safe-sex information or simply treating someone who’s gay can be seen as promoting or abetting “homosexuality and related practices” and will lead to imprisonment—a shocking violation of medical neutrality and the right to health. This will deter many medical professionals and HIV/AIDS workers from properly and efficiently providing their services to the Ugandan people.Here is the Human Rights Watch statement and some recent news editorials surrounding the bill. Congress is holding a hearing on this next week. Check back to see how you can take action to stop this bill!

Human Rights Watch

• Uganda: ‘Anti-Homosexuality’ Bill Threatens Liberties and Human Rights Defenders 10/15/09

Washington Post

• Uganda's bill to imprison gays for life is an outrage that should be rejected 1/7/2010
• Uganda lawmaker refuses to withdraw anti-gay bill 1/8/2010

Global Post

• Uganda's anti-homosexuality bill sparks hot debate

USA Today

• Ugandan president urges softening of anti-gay bill 1/18/2010

We've received the following message from our colleagues at Partners In Health:

Partners in Health are seeking orthopedic surgeons and other medical personnel to assist with disaster relief in Haiti. I have also heard, but have not personally confirmed, that Jet Blue and American Airlines are offering doctors and nurses free flights to Haiti. Please contact PIH if you would like to help.

Physicians for Human Rights expresses deep concern for the struggling survivors of the devastating earthquake in Haiti and profound sympathy for the families of the as yet uncounted victims. Clearly, providing relief and protection for survivors must be the immediate priority for the international community. PHR fully supports these efforts and has encouraged health professionals to be in contact with organizations that are coordinating direct provision of medical assistance.But it is important even at this early stage in the response to ensure that, as aid is delivered in the coming weeks and months, it is provided in a way that helps to address underlying structural problems and contributes to the long-term reduction in the vulnerabilities which have made this natural disaster even more destructive.The long history of neglect and inequality in Haiti has resulted in a society lacking an effective social support system and a health system which fails to provide adequate care for the majority of impoverished citizens. The flood of humanitarian aid and medical supplies now entering Haiti must be distributed in a coordinated way and with recognition of the rights of individuals to non-discrimination and participation in the process. These initial efforts to restart a functioning health system can lay the foundation for a future system that is grounded in the right to health, which has so long been denied the Haitian people.Aid must be provided in a fully accountable and transparent manner by the UN and the NGO humanitarian community, establishing a precedent for the system that will eventually be rebuilt. Participation by the affected populations in determining where and how relief and services should be focused will also introduce an important element of the right to health needed for the reconstructed system.As relief efforts proceed, it is also essential that the U.S. government immediately provide Temporary Protected Status (TPS) to Haitians currently in the United States. We welcome the decision of the Obama Administration to halt the pending deportation of some 30, 000 Haitians.We believe that, given Haiti’s lack of capacity to safely accept any returnees at this time, the Administration should take the next step and grant TPS on an expedited basis to Haitians who are in the US at this time and are in need of protection. Granting TPS will allow Haiti to focus on recovery and disaster relief without the additional difficulty of dealing with potentially homeless returnees.During the coming months, tremendous attention will be focused on Haiti and efforts to address pressing needs for food, housing, and medical care. Once the immediate crisis has passed, it is vital that Haiti not be allowed to slip back into its historic patterns of discrimination, inequality, and extreme vulnerability for a great majority of its citizens.The international community, both governmental and non-governmental, must be committed to monitoring the situation in the years ahead to ensure that a rebuilt Haitian society is built on a foundation of human rights and respect for human dignity.

Last month, PHR released an analysis of the US President's Emergency Plan for AIDS Relief's (PEPFAR) second five-year?strategy (PDF). We welcome the important new policy directions in?the strategy in such areas as health system strengthening, integration and sustainability.Our analysis recommends specific steps PEPFAR?should take to implement its strategy in the areas of health systems and?health workforce, marginalized populations and women and civil society?and accountability. Robustly implementing the strategy will require?sufficient funding, and we urge the Administration and Congress to fully?fund PEPFAR—as well as other global health programs.

This week the African Centre for Justice and Peace Studies (ACJPS) reported on a series of attacks on the civilian population in North Darfur by Chadian rebel groups. Between December 10 2009 and January 3 2010, attacks—including mutilation, rape and killing of civilians—were documented in the cities of Malit, Alsuyah and surrounding areas. Yet no word of the atrocities was reported by international news outlets. ACJPS has called for a full and thorough investigation of these attacks, which may constitute war crimes under international humanitarian law and international human rights law.These reports from North Darfur draw attention to ongoing insecurity in parts of the three Darfur states and to the continuing failures of the current reporting system to highlight security threats. The month-long campaign of violence illustrates the UNAMID peacekeeping force's limited capacity to respond proactively to protect civilians—as the force now enters its 2nd year of deployment with only 15,000 military personnel deployed.PHR continues to urge donor governments to honor troop commitments in order to make UNAMID an effective protection force prepared to take robust action to protect civilians. Material, logistical and political support are needed in order to fulfill the mandate of the joint United Nations-African Union peacekeeping force, which includes not only direct civilian protection, but also?restoration of security conditions necessary for humanitarian delivery and promotion of human rights and the rule of law. In addition, the current deficit of women peacekeepers, police officers and translators, along with the lack of an integrated strategy to combat sexual and gender-based violence (expected some time this year), restricts the capacity of present uniformed personnel to respond to the needs of survivors.The civilians left in the wake of the atrocities in North Darfur require medical treatment, including psychosocial services, and the communities of Um Za'at, Um Shurbak, Takous, Hilat Awlad Mahmoud villages destroyed in attacks on November 9 need support for rebuilding. The main UN humanitarian relief agency, the UN High Commission for Refugees (UNHCR), is not authorized to work with internally displaced people (IDPs) in Sudan, so these services must be provided by international and national NGOs in the area—making the presence of properly trained NGO personnel essential, and effective coordination from UN sector leads indispensable (UNFPA and UNICEF in the case of the protection sector). On the Chadian side, it is vital that the returned rebels face justice, which requires international support for much needed justice system reforms in Chad and support for the DDR (disarmament, demobilization and reintegration) mandate.UNAMID needs a coordinated response from the international community in 2010 to finally resolve the issues that for 2 years have hindered its performance and the realization of it's mandate. Even the full deployment of 27, 000 UNAMID uniformed personnel, along with necessary military and other material (including military helicopters), will provide only minimum conditions for peacekeepers to address necessary measures to protect refugees, facilitate delivery of humanitarian aid and help provide United Nations personnel with protection and freedom of movement. Finally, as the events of the past month have highlighted, there is a continuing and urgent need to establish a regular system of information sharing and strategic collaboration on the security situation in Darfur and affected surrounding areas in Eastern Chad and the Central African Republic (CAR)—which should include UNAMID and MINURCAT (its peacekeeping counterpart in Chad and CAR), the UN Office for the Coordination of Humanitarian Affairs (OCHA), the UN High Commissioner for Refugees (UNHCR) and the United Nations Mission in Sudan (UNMIS).The ACJPS report of December 10 – January 3 attacks can be found at ACJPS.

It is with great pleasure that we mark January 4, 2010 as the official end to the HIV travel ban in the US.We have been hearing concerns that not all consulates will be well informed regarding the changes to a rule that has been in place for over two decades. The US Department of State has issued a Q & A document, which HIV positive people abroad are encouraged to print out and bring to an interview at the consulate after January 4, 2010.The Centers for Disease Control has issued a letter to doctors who perform green card medical exams. It may be helpful to print out an bring the CDC letter to any medical exam scheduled after January 4, 2010. Immigration Equality explains:

[T]he Centers for Disease Control sent a letter to the doctors who perform “green card” medical exams, instructing them NOT to test for HIV anymore after January 4, 2010, and telling them to write, “no longer required,” in the HIV test box. Again, if you have a medical exam scheduled after January 4, 2010, you may want to print out this letter and bring it along to ensure that you are not wrongly tested and that the doctor completes the form correctly.