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Exporting Confusion U.S Exporting Confusion U.S. Foreign Policy as an Obstacle to the Implementation of Ethiopia’s Liberalized Abortion Law May 2010 “irrational” and confusing because the use of funding for health community in Ethiopia perceives U.S. policy regard- training in how to use MVA equipment is permitted.293 As ing safe abortion services. USAID should revise its policy Saba Kidanermariam, Country Director of Ipas Ethiopia, on the purchase of MVA equipment and clarify that the stated: “What good is the training if you cannot provide use of U.S. funding is permitted for the purchase of MVA the equipment?”294 This type of contradictory message equipment and training for dealing with post-abortion in regards to what is permitted and prohibited under the complications. USAID should revise the language in its Helms Amendment is indicative of how the reproductive standard contract agreement to reflect this change in policy. Conclusion This Report analyzes Ethiopia’s attempt to address high affecting the availability of comprehensive safe abortion rates of unsafe abortion through the liberalization of its services for Ethiopian women. Unsafe abortion is one of Exporting Confusion abortion law and how the foreign policy of the United the leading causes of death among women of reproduc- States affects these efforts. In seeking a better understand- tive age, second only to HIV/AIDS. This is a public health U.S. Foreign Policy as an Obstacle to the ing of how U.S. foreign policy affects Ethiopia’s efforts to crisis and in response the Ethiopian government adopted combat high rates of unsafe abortion, this Report also a liberalized abortion law in order to try and support the Implementation of Ethiopia’s Liberalized Abortion Law proposes practical recommendations that will help reform women of Ethiopia. Instead of supporting these efforts, and clarify U.S. policy in order to better assist the people U.S. foreign policy has exported the domestic debate over of Ethiopia in their ongoing efforts to fight high rates of abortion to Ethiopia, despite the drastically different situ- maternal death linked to unsafe abortion. ation on the ground. The United States plays a significant role in Ethiopia For too long the use of U.S. foreign aid has been politicized through large foreign aid contributions. This type of as part of the ongoing debate in the United States over abor- assistance can have both a positive and a negative affect tion. This ideological battle has led to dire consequences on the ability of Ethiopia to address public health issues. for the women and families of Ethiopia. The United States U.S. foreign policy, in the form of the recently-rescinded should be a partner in helping the Ethiopian people take May 2010 Global Gag Rule and the Helms Amendment, is negatively steps to improve maternal health and mortality. 293 Id. 294 Id. About the Walter Leitner International Human Rights Clinic This report is a project of the Walter Leitner International Human Rights Clinic of the Leitner Center for International Law and Justice at Fordham Law School. It was written by Fordham Law Professor Chi Mgbako; Fordham Law students Tashmin Ali, David Ashley, and Ndidi Igboeli; Ethiopian Lecturers-in-Law Aron Degol and Fikraeb Gintamo; and Ethiopian human rights lawyer Maedot Tesfaye. Fieldwork for the report was conducted in Ethiopia by the authors in November 2009. The views expressed herein are not reflective of the official position of Fordham Law School or Fordham University. The Walter Leitner International Human Rights Clinic at the Leitner Center for International Law and Justice aims to train a new generation of human rights lawyers and to inspire results-oriented, practical human rights work throughout the world. The Clinic works in partnership with non-governmental organizations and foreign law schools on inter- national human rights projects ranging from legal and policy analysis, fact-finding and report writing, human rights training and capacity-building, and public interest litigation. For more information about the Clinic, contact Chi Mgbako, Clinical Associate Professor of Law and Director, Walter Leitner International Human Rights Clinic, at [email protected]. Learn more at www.leitnercenter.org. 30 Exporting Confusion: U.S. Foreign Policy and Ethiopia’s Liberalized Abortion Law Walter Leitner International Human Rights Clinic would still restrict Ethiopian women’s access to safe abor- not repeal the Helms Amendment, the Obama adminis- tion is counter-intuitive to members of local NGOs working tration should narrowly reinterpret the “method of family in local communities. Desta Kebede, the Program Director planning” language in the Helms Amendment and have of the Family Guidance Association of Ethiopia (FGAE), USAID clarify which specific services are permitted and may have put it best in acknowledging the continued exis- prohibited under the law. It is also important that USAID tence of the Helms Amendment when he stated, “if that is clarify the distinctions between the Global Gag Rule and the case, then in a way the Global Gag Rule is not lifted.”275 the Helms Amendment and explain how Helms is inter- The lifting of the Global Gag Rule has created a general preted, post-lifting of the Global Gag Rule. USAID should understanding in Ethiopia that U.S. policy on foreign aid publish guidelines on the distinction between the Helms Exporting Confusion for safe abortion has changed, but there is still confusion Amendment and the Global Gag Rule so that NGOs who among local NGOs that receive USAID funding regarding may be potential partners for USAID understand whether U.S. Foreign Policy as an Obstacle to the how the Helms Amendment is currently being interpreted their programs comply with current U.S. policy. and what restrictions may apply to them through the fund- 2. OVER-INTERPRETATION Implementation of Ethiopia’s Liberalized Abortion Law 276 ing they receive. Some USAID-funded local NGOs that The confusion in Ethiopia regarding the current status are aware of the Global Gag Rule being lifted, are confused of U.S. policy on foreign aid for safe abortion and the regarding whether the change means U.S. policy no longer residual effects of restrictive enforcement during the 277 imposes restrictions on abortion-related services or if Bush administration has led to over-interpretation of the the restrictions of the Helms Amendment were part of the Helms Amendment by most of the cooperating agencies 278 Global Gag Rule and are therefore lifted as well. who receive USAID funding. Organizations that rely on The organizations in Ethiopia that are dedicated to USAID for funding are very cautious in how they inter- providing comprehensive reproductive health care are pret the Helms Amendment because they do not want to Executive Summary looking for a clear explanation of whether current U.S. jeopardize their funding. These NGOs do not consider the policy supports providing access to safe abortion services. exceptions to the Helms Amendment in how they inter- Unsafe abortion in Ethiopia is a leading cause of death reduce the rates of maternal death linked to unsafe abor- USAID contracts executed since the Global Gag Rule pret the law and in turn they do not implement programs among women of reproductive age, second only to HIV- tion and provide comprehensive reproductive health care was lifted still contain the same overly restrictive Helms using USAID funding that would meet the conditions of AIDS.1 Studies estimate that one in seven Ethiopian to all of its citizens. Amendment language that has been included in USAID the exempted categories.280 Most cooperating agencies women dies from pregnancy-related causes, and unsafe Although the Obama administration rescinded the 279 contracts since the 1980s. The current U.S. policy on distribute USAID funding very carefully to ensure that abortions account for more than half of the 20,000 Global Gag Rule in January 2009,5 and should be com- foreign aid for safe abortion services is unclear to most they remain in compliance with the Helms Amendment.281 maternal deaths that occur in the country each year.2 In mended for this effort, the United States Agency for Ethiopians working to improve reproductive health ser- Additionally, in the wake of the Global Gag Rule being response to this public health crisis, the Ethiopian gov- International Development (USAID) has not adequately vices, which creates an obstacle to Ethiopians having lifted, many cooperating agencies are reluctant to use ernment liberalized the national abortion law in 2005 in provided clear guidance in Ethiopia regarding the scope access to comprehensive reproductive health care that USAID funds for any reproductive health programs where an attempt to decrease the high rate of unsafe abortions and detail of this policy change.6 Further, USAID has not includes safe abortion. a conflict may arise.282 Instead these cooperating agen- across the country.3 A major obstacle to the effective engaged in adequate efforts to address the far-reaching The confusion surrounding the Helms Amendment cies use alternate funding sources for reproductive health implementation of Ethiopia’s abortion law is United States effects of the strict Global Gag Rule compliance proce- creates a number of problems that negatively impact programs dedicated to including safe abortion services as foreign policy.4 The United States restricts the use of for- dures enforced under the Bush administration.7 As a Ethiopia’s efforts to address the public health crisis caused part of a comprehensive program.283 eign aid for abortion-related services through policies and result, there is a great deal of continuing confusion regard- by unsafe abortion. U.S. foreign policy should not interfere The organization EngenderHealth receives funding from laws such as the recently-rescinded Global Gag Rule and ing the permitted scope of safe abortion care across the with Ethiopia’s implementation of a liberalized abortion USAID for a program that does not involve abortion and the Helms Amendment.
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