Category Archives: Africa

Congressional Research Service (CRS) Reports and Briefs — Published August 2014

– Domani Spero

 

Note that some documents are web-accessible but most are in pdf formats.

-08/29/14   Latin America and the Caribbean: Key Issues for the 113th Congress  [598 Kb]
-08/29/14   Organization of American States: Background and Issues for Congress  [433 Kb]
-08/29/14   Special Immigrant Juveniles: In Brief  [317 Kb]
-08/29/14   Taiwan: Major U.S. Arms Sales Since 1990  [646 Kb]
-08/28/14   The “1033 Program,” Department of Defense Support to Law Enforcement  [234 Kb]
-08/28/14   The Islamic State in Syria and Iraq: A Possible Threat to Jordan? – CRS Insights  [84 Kb]
-08/28/14   Unaccompanied Children from Central America: Foreign Policy Considerations  [451 Kb]
-08/27/14   The New START Treaty: Central Limits and Key Provisions  [436 Kb]
-08/27/14   The Quadrennial Diplomacy and Development Review (QDDR)  [53 Kb]
-08/26/14   Conventional Prompt Global Strike and Long-Range Ballistic Missiles: Background and Issues  [452 Kb]
-08/26/14   NATO’s Wales Summit: Expected Outcomes and Key Challenges  [317 Kb]
-08/26/14   The 2014 Ebola Outbreak: International and U.S. Responses  [625 Kb]
-08/21/14   China’s Economic Rise: History, Trends, Challenges, and Implications for the United States  [646 Kb]
-08/20/14   Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future  [514 Kb]
-08/20/14   The “Militarization” of Law Enforcement and the Department of Defense’s “1033 Program” – CRS Insights  [66 Kb]
-08/19/14   Cuba: U.S. Restrictions on Travel and Remittances  [504 Kb]
-08/19/14   Iran Sanctions  [709 Kb]
-08/15/14   Domestic Terrorism Appears to Be Reemerging as a Priority at the Department of Justice – CRS Insights  [97 Kb]
-08/15/14   Latin America: Terrorism Issues  [530 Kb]
-08/15/14   Manufacturing Nuclear Weapon “Pits”: A Decisionmaking Approach to Congress [656 Kb]
-08/15/14   Same-Sex Marriage: A Legal Background After United v. Windsor  [234 Kb]
-08/15/14   State, Foreign Operations, and Related Programs: FY2015 Budget and Appropriations  [558 Kb]
-08/14/14   The U.S. Military Presence in Okinawa and Futenma Base Controversy  [654 Kb]
-08/13/14   U.S. – Vietnam Economic and Trade Relations: Issues for the 113th Congress  [408 Kb]
-08/12/14   Iraq: Politics, Governance, and Human Rights  [497 Kb]
-08/08/14   Ebola: 2014 Outbreak in West Africa – CRS In Focus  [243 Kb]
-08/08/14   Iraq Crisis and U.S. Policy  [578 Kb]
-08/08/14   U.S. – Vietnam Nuclear Cooperation Agreement: Issues for Congress  [336 Kb]
-08/07/14   Guatemala: Political, Security, and Socio-Economic Conditions and U.S. Relations [449 Kb]
-08/07/14   India’s New Government and Implications for U.S. Interests  [310 Kb]
-08/07/14   Reducing the Budget Deficit: Overview of Policy Issues  [410 Kb]
-08/07/14   U.S. – EU Cooperation on Ukraine and Russia – CRS Insights  [135 Kb]
-08/06/14   2014 Quadrennial Homeland Security Review: Evolution of Strategic Review – CRS Insights  [243 Kb]
-08/05/14   China Naval Modernization: Implications for U.S. Navy Capabilities – Background and Issues for Congress  [4552 Kb]
-08/05/14   Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress  [1348 Kb]
-08/05/14   Safe at Home? Letting Ebola-Stricken Americans Return – CRS Insights  [195 Kb]
-08/04/14   Indonesia’s 2014 Presidential Election – CRS Insights  [55 Kb]
-08/01/14   “Womenomics” in Japan: In Brief  [232 Kb]
-08/01/14   Gun Control Legislation in the 113th Congress  [539 Kb]
-08/01/14   Turkey: Background and U.S. Relations  [907 Kb] 

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U.S. Embassy Bangui Resumes Operations With Chargé d’Affaires David Brown

– Domani Spero

 

On September 11, President Obama notifiesd Congress of the deployment of troops to the Central African Republic in preparation of the resumption of operations at the U.S. Embassy in Bangui (see U.S. Troops Deploy to C.A.R. For Resumption of Operations at U.S. Embassy Bangui).

On September 15, Secretary Kerry announced the resumption of embassy operations in the Central African Republic and the appointment of David Brown as Chargé d’Affaires. Below is an excerpt of the announcement:

I am pleased to announce that we are resuming operations at our embassy in Bangui. The people and leaders of the Central African Republic have made progress in ending the violence and putting their nation on a path toward peace and stability. But we all know that much work remains to be done.

That’s why I asked David Brown to serve as Chargé d’Affaires and to work closely with the transitional government, as well as our international friends and partners, to advance a peaceful, democratic and inclusive political transition. And that’s why, on his arrival in Bangui, we announced an additional $28 million in U.S. humanitarian funding, bringing the U.S. total to $145.7 million this year alone.

With the September 15 transition to the UN peacekeeping mission, MINUSCA, we extend our profound thanks to the African Union, its force-contributing countries, as well as the French and European forces, for their important contributions to peace and stability in the Central African Republic. We call on all parties to fully support the UN mission in its vital task ahead as it takes over from the African Union mission. And as we reopen our embassy, I want to thank our dedicated Central African colleagues for their service during these difficult 21 months.

Full statement here.

David Brown is a career member of the Senior Foreign Service, and became Senior Advisor for the Central African Republic on August 1, 2013 succeeding Ambassador Lawrence Wohlers.   Mr. Brown was Diplomatic Advisor at the Africa Center for Strategic Studies (ACSS) in Washington, D.C. from August 2011 to July 2013. His prior Africa experience includes serving as the Senior Advisor to the J-5 (Strategy, Plans, and Programs) Director of the U.S. Africa Command (AFRICOM) in Stuttgart (Germany); three times as Deputy Chief of Mission at U.S. Embassies in Cotonou (Benin), Nouakchott (Mauritania), and Ouagadougou (Burkina Faso); and as Economic Officer at the U.S. Consulate General in Lubumbashi (Democratic Republic of the Congo).

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U.S. Troops Deploy to C.A.R. For Resumption of Operations at U.S. Embassy Bangui

– Domani Spero

 

On September 11, 2014, President Obama sent the following congressional notification concerning the deployment of U.S. troops to the Central African Republic:

On September 10, 2014, approximately 20 U.S. Armed Forces personnel deployed to the Central African Republic to support the resumption of the activities of the U.S. Embassy in Bangui.

This force was deployed along with U.S. Department of State Diplomatic Security personnel for the purpose of protecting U.S. Embassy personnel and property.  This force is expected to remain in the Central African Republic until it is replaced by an augmented U.S. Marine Security Guard Detachment and additional U.S. Department of State civilian security personnel as the security situation allows.

This action has been directed consistent with my responsibility to protect U.S. citizens both at home and abroad, and in furtherance of U.S. national security and foreign policy interests, pursuant to my constitutional authority to conduct U.S. foreign relations and as Commander in Chief and Chief Executive.

I am providing this report as part of my efforts to keep the Congress fully informed, consistent with the War Powers Resolution (Public Law 93-148).  I appreciate the support of the Congress in these actions.

 

Map via cia.gov

Map via cia.gov

On December 27, 2012,  the State Department announced the temporary suspension of U.S. Embassy Bangui operations.  At the time, Embassy Bangui was staffed by 7 U.S. direct hires, 2 local-hire Americans, and 35 locally employed (LE) staff members. One temporary liaison officer from the U.S. Army’s Africa Command represented the only other agency at the mission.  At the embassy’s departure, the Government of the Republic of France, acting through its Embassy in Bangui, served as Protecting Power for U.S. interests in CAR.

via State Magazine

via State Magazine (click on image for larger view)

Here is a brief history of the U.S. presence in Bangui via state.gov:

The United States established diplomatic relations with the Central African Republic (C.A.R.) in 1960, following its independence from France. The C.A.R. is one of the world’s least developed nations, and has experienced several periods of political instability since independence. The Central African Republic is located in a volatile and poor region and has a long history of development, governance, and human rights problems. The U.S. Embassy in C.A.R. was briefly closed as a result of 1996-97 military mutinies. It reopened in 1998 with limited staff, but U.S. Agency for International Development and Peace Corps missions previously operating there did not return. The Embassy again temporarily suspended operations in November 2002 in response to security concerns raised by the October 2002 launch of a 2003 military coup. The Embassy reopened in 2005. Restrictions on U.S. aid that were imposed after the 2003 military coup were lifted in 2005. Due to insecurity and the eventual overthrow of the C.A.R. Government, the U.S. Embassy in Bangui has been closed since December 2012. The U.S. Department of State warns U.S. citizens against travel to the C.A.R.

Via diplomacy.state.gov:

On August 13, 1960, the Central African Republic gained its independence from France, and on the same day, the United States recognized it as a nation. Six months later, the embassy was established at the capital in Bangui. Since that time, the Central African Republic has had a rocky political history and a struggling social situation. The embassy has had to deal with a number of issues despite its limited influence in the country, including combating local and foreign militant groups, encouraging proper rule of law, and assisting in humanitarian aid.

 

According to Embassy Bangui’s website (which might be outdated), David Brown is a career member of the Senior Foreign Service, and became Senior Advisor for the Central African Republic on August 1, 2013 succeeding Ambassador Lawrence Wohlers.   Mr. Brown was Diplomatic Advisor at the Africa Center for Strategic Studies (ACSS) in Washington, D.C. from August 2011 to July 2013. His prior Africa experience includes serving as the Senior Advisor to the J-5 (Strategy, Plans, and Programs) Director of the U.S. Africa Command (AFRICOM) in Stuttgart (Germany); three times as Deputy Chief of Mission at U.S. Embassies in Cotonou (Benin), Nouakchott (Mauritania), and Ouagadougou (Burkina Faso); and as Economic Officer at the U.S. Consulate General in Lubumbashi (Democratic Republic of the Congo).

Photo via diplomacy.state.gov

Photo via diplomacy.state.gov

In 2012, the OIG inspection report says that “if the Department cannot adequately staff and protect the embassy, it needs to consider whether the risks to personnel in Bangui are justified or find another way to maintain diplomatic representation in the Central African Republic.”

It looks like the Department has now considered the risk, a regional embassy presence is out and the embassy will reopen with the 20 deployed troops until they are replaced by an “augmented U.S. Marine Security Guard Detachment.”  How many Marine guards exactly, and how many DS agents and private security contractors will be there to support the reopened post still remain to be seen.

We cannot tell how old is the Embassy Bangui building shown above. It looks like it lacks the set back required for newer buildings. We are assuming that this is  one of those legacy diplomatic properties constructed prior to 2001.  The State Department’s FY 2013 funding supported the acquisition of sites where New Embassy Compound projects are planned in future years, including one for Bangui (p.478). The request, however, did not include  a time frame when the new embassy construction for C.A.R. is expected.

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Here’s Merle Haggard with ‘I think I’ll just stay here and drink.’

 

 

 

 

 

 

 

 

 

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State Dept Awards $4.9 Million Contract to Phoenix Air for Air Ambulance Evacuation #Ebola

Domani Spero

 

Yahoo News reported on September 9 that “an undisclosed number of people who’ve been exposed to the Ebola virus — not just the four patients publicly identified with diagnosed cases — have been evacuated to the U.S. by an air ambulance company contracted by the State Department.”  The report identified Phoenix Air Group as the provider of the air ambulance services. The VP of the company said medical privacy laws and his company’s contract with the State Department prevented him from revealing how many exposed patients have been flown from West Africa to the U.S.  He did tell the reported that Phoenix Air has flown 10 Ebola-related missions in the past six weeks. The report also says that the State Department confirmed the four known Ebola patient transports but couldn’t provide details on any exposure evacuations to the United States.  An unnamed State Department official told Yahoo News that “every precaution is taken to move the patient safely and securely, to provide critical care en route, and to maintain strict isolation upon arrival in the United States.”(See Ebola evacuations to US greater than previously known).

Public records indicate that the State Department awarded the air ambulance contract on August 18, 2014.  The sole source contract was awarded to Phoenix Air for a period of six (6) months at an estimated cost of $4,900,000.00 under FAR 6.302-2  for “unusual and compelling urgency.” The services include among others, air ambulance evacuation, a dedicated on-call aircraft and flight crew, an aero-biological containment system, and emergency recall and mission preparedness:

This requirement is in response to Department of State’s diplomatic mission overseas to provide movement of emergency response personnel into and out of hazardous/non-permissive environments and medical evacuation of critically ill/injured patients, including those infected with unique and high contagious pathogens. This is an immediate response to the Ebola Virus Crisis.

The contract justification says that the movement of patients infected with highly contagious pathogens, as with the current Ebola Virus epidemic, requires the use of an air-transportable biocontainment unit. A unit was designed and built by the Center for Disease Control in 2006 in collaboration with the Phoenix Air Group in Cartersville, GA. The Aeromedical Biological Containment Shelter (ABCS) is the only contagious patient airborne transportation system in the world which allows attending medical personnel to enter the containment vessel in-flight to attend to the patient, thus allowing emergency medical intervention such as new IV lines, intubation, etc.

Yes, the Pentagon has a transport tube but –

“The U.S. Department of Defense has a transport “tube” which a patient is placed into, but once sealed inside the patient is isolated from medical care. It is admittedly (by the DOD) more designed for battlefield causalities than live human transport, especially over long distances. It is also only certified for DOD aircraft and not by the FAA for commercial aircraft which makes this capability not feasible in meeting the Department’s urgent need for the capability to transport contagious patients world-wide.”

Why is this a sole-sourced contract?

Below is part of the justification statement extracted from publicly available documents:

As a matter of standard business practice, Phoenix Air Group does not provide chartered transport of highly contagious patients outside of a standing government contract. As the only vendor with this unique capability, Phoenix Air Group has never offered this service on a one-off basis to private of government entities. The capability was developed on a multi-year contract with the CDC (2006-2011). When the CDC could no longer to afford to maintain the stand-by capability, the equipment was warehoused. While it is technically true that the movement of two American citizens in late July, 2014, was a private transaction, those missions were conducted after the Department requested that PAG consider a break in their standard business practice on a humanitarian basis, with the assurance that the USG would make all necessary arrangements for landing clearances, public health integration, decontamination, and provide press guidance. Simply put, the transportation of this type of patient requires too much international and inter-agency coordination, and incurs too much corporate risk, for PAG to provide the service outside the protection of a federal contract to do so.

The U.S. Department of State has always been responsible for the medical evacuation of official Americans overseas, regardless of their USG agency affiliation. Because of the unique severity and scope of the current Ebola outbreak, and the complete lack of host nation infrastructure to support victims of EVD infection, the international community is finding recruitment of professional staff very difficult without being able to articulate a sound medical evacuation plan. To that end, the Governments of Mexico, Japan, the United Kingdom, Canada, and the United Arab Emirates, as well as the World Health Organization and the United Nations, have separately approached PAG to establish exclusive contracts for this limited resource. Had the Department not moved very quickly to establish its own exclusive use contract, our negotiating position would have shifted, placing USG personnel and private citizens at significant risk.

The availability of the PAG resource is thus a foreign policy issue, placing the U.S. Department of State as the logical arbiter of international agreements to assure equitable coverage while protecting U.S. national interests. The Department is moving to establish Title 607 agreements with these and other eligible entities, allowing coordinated sharing of the resource on a cost-reimbursable basis under 22 U SC 2357 authorities.

Private American citizens responding to this crisis would lack the resources to privately contract for this service, even if it were available on the open market. By establishing the contract through the Department, additional options are provided to American Citizen Services, allowing them to structure the funding as a form of repatriation loan. This would be very difficult to do if not for a Department-level contract; by bringing the resource in-house, the money flow remains within the Department, spreading the financial risk across a much larger budgeting pool. Foreign governments are being encouraged to take similar steps with their own private citizens through high level dialogue that is only possible when the Department is in the lead on this issue.

Given recent CDC guidelines for the movement of asymptomatic contacts, an unprecedented level of control and coordination is necessary to move these individuals that, despite not being contagious or even clearly infected, are nonetheless quarantined. The USG is left with only two options in supporting a CDC scientist that has a high risk exposure to an EVD patient — use the PAG capability to fly the person back to the US for observation and optimum care should disease develop, or leave the person in place where no care is available if the disease develops. The question, then, is not how many EVD patients will be moved, but rather how many contacts and EVD patients will be moved across the entire international response population (as many as three per month). Finally, from a pragmatic stand point, given the limited options for movement of even asymptomatic contacts, it has become clear that an international response to this crisis will not proceed if a reliable mechanism for patient movement cannot be established and centrally managed.

The “special missions” G-111 aircraft, what is it?

 The ABCS was certified by the Federal Air Administration (FAA) under a Supplemental Type Certification (STC) for use in an aircraft. The STC further lists only two (2) air- craft by serial number as approved for the installation and operation of the ABCS. Both aircraft are owned and operated by Phoenix Air.

The two aircraft listed by serial number in the STC are “special missions” Gulfstream G-III jets owned and operated by Phoenix Air. There are only three “special missions” G-111 aircraft in the world and Phoenix Air owns and operates all three. These are unique aircraft converted in the Gulfstream Aerospace factory during the original manufacturing assembly line from standard “executive” aircraft to “special missions” aircraft which includes a large cargo door forward of the wing measuring 81.5” wide X 61” high thus allowing the large components of the ABCS to be installed in the aircraft and post-flight decontamination to be performed, each aircraft has a heavy duty cargo floor allowing the ABCS floor attachment system to be installed, and each aircraft is certified at the factory for passenger, cargo or air ambulance operations.

Phoenix Air holds various DOD Civil Aircraft Landing Permits (CALP’s) from all U.S DOD service branches allowing its aircraft to land at all U.S. military bases and facilities worldwide. For security reasons, all medical evacuations of patients with highly contagious pathogens must land at military airfields. Recent experience reinforces the importance of using military airfields, especially OCONUS where the host nation governments have refused to allow the aircraft access to civil airports in the Azores, but have conceded to allow the aircraft to refuel on USMIL airfields in their country.

All Phoenix Air flight and medical personnel have the Commission on Accreditation of Medical Transport Systems (CAMTS) required accreditation and CDC recommended inoculations for air ambulance missions as well as missions into disease~prone areas around the world providing DOS a unique capability that may not be available with other aviation vendors.

 

Unlike the outbreak of the highly pathogenic avian influenza (H5N1) virus and fears of a pandemic in 2007, one thing we haven’t heard this time is  “shelter-in-place.” Back then, Americans abroad were advised to identify local sources of healthcare and prepare to “shelter-in-place” if necessary. “In those areas with potentially limited water and food availability, Americans living abroad are encouraged to maintain supplies of food and water to last at least two and as long as 12 weeks.” We remember thinking then about the embassy swimming pool and wondering how long it would last if city water runs out. Or what happens if a mob comes into the compound in search of food and water.

That does not seem to be the case here. At least, this time, there will be an air ambulance equipped to evacuate  Americans back home should it come to that. Note that the  justification statement does not include details of how much of the cost will be accounted for as part of the repatriation loan program (pdf) for private Americans.

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U.S. Embassy Lesotho Now on Ordered Departure for Non-Employed Family Members

– Domani Spero

 

On August 30, following a reported coup in Lesotho, the U.S. Embassy in Maseru issued a message to U.S. citizens urging them to “take proper precautions when traveling, such as avoiding areas of potential intimidation, routes of marches, and ongoing demonstrations.” It also advised U.S. citizens who choose to move around the capital city to return to their residences by 5:30 pm and remain there overnight.

CIA map

CIA map

Today, the Embassy Maseru informed the U.S. citizen community in Lesotho that the Department of State has ordered the departure of non-employed family members of U.S. Mission personnel due to concerns over a possible deterioration of the security situation in Lesotho. An “ordered departure” means that family members who are not employed at the U.S. mission, do not have an option to stay in country and must depart.  The Security Message includes the following information:

The Embassy is prepared to assist U.S. citizens who wish to depart from Lesotho and recommends those interested in Embassy assistance to contact us at +266 5888 4035.

The U.S. Embassy in Lesotho will be open September 2-3 for emergency American Citizens Services only. Citizens should be aware that depending on the security situation, the Embassy may be forced to suspend operations without advance notice. The international airport in Maseru is currently operating normally, however, flights may be suspended if the current security situation worsens. Land borders are also open at this time, but may close without warning. U.S. citizens who remain in Lesotho despite this Travel Warning are urged to stay in their homes until the security situation returns to normal, to closely monitor media reports, and to follow all official instructions. U.S. citizens who must leave their homes for any reason are urged to exercise extreme caution, be particularly alert to their surroundings, and to avoid crowds, demonstrations, or any other form of public gathering.

U.S. citizens in Lesotho should carry their travel documents (i.e., passport, birth certificate, picture ID’s, etc.) with them at all times. Additionally, U.S. citizens in the area are reminded to stay in contact with friends and family in the United States to keep them apprised of their current welfare and whereabouts.

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Troops have reportedly mounted raids on police headquarters and police stations in the capital, Maseru, on Saturday and there is confusion over who is in control of the country. To understand political parties and democratization in Lesotho, read this (pdf) publication by the Electoral Institute of Southern Africa.

 

 

Embassy Masesu is a small post with about a couple dozen American employees and about 80 local staff according to a 2010 OIG report. According to a State Department listing, as of August 27, 2014, U.S. Embassy Lesotho is currently headed by DCM/CHG Charge John McNamara. President Obama announced Matthew Harrington as his nominee for Ambassador to Lesotho on August 1, 2013.  Mr. Harrington, a career diplomat, has now been stuck in confirmation purgatory for 395 days.

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U.S. Embassy Dakar Issues Security Message on Ebola Virus Disease (EVD) in Senegal

– Domani Spero

 

Today, the U.S. Embassy in Dakar issued a security message to U.S. citizens in Senegal concerning the country’s first confirmed case of Ebola Virus Disease (EVD):

On August 29, the Senegalese Minister of Health and Social Action (MOH) announced the country’s first confirmed case of EVD.  At a press conference, the MOH reported that Guinean authorities reached out to Senegalese authorities to advise them about a young Guinean student who is confirmed to have the virus.  The student is currently placed in isolation at a local hospital and is in stable condition.  At this time, there are no other confirmed cases in Senegal. The Department of State is working with the government of Senegal, the World Health Organization (WHO), and the Centers for Disease Control and Prevention (CDC) to monitor the situation.

 

On August 21, the government of Senegal has closed its borders with Guinea. It has also closed air and sea borders for aircraft and ships from Guinea, Sierra Leone, and Liberia.

The State Department has previously issued travel warnings for two countries in the region - Liberia and Sierra Leone- and warned U.S. citizens against non-essential travel to these countries. Due to the lack of available medical resources in these countries and limited availability of medical evacuation options, the U.S. Department of State ordered the departure of family members residing with Embassy staff in Monrovia and in Freetown. (see U.S. Embassy Sierra Leone Now on Ordered Departure for Family Members #Ebola and U.S. Embassy Liberia Now on Ordered Departure For Family Members, New Travel Warning Issued).

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State Dept Issues Travel Alert on Ebola-Related Screening and Travel Restrictions in West Africa

– Domani Spero

 

On August 28, the State Department issued a Travel Alert for screening and restrictions related to the Ebola outbreak in parts of West Africa:

The Department of State alerts U.S. citizens to screening procedures, travel restrictions, and reduced aviation transportation options in response to the outbreak of Ebola Virus Disease in Guinea, Liberia, Nigeria, and Sierra Leone.   This Travel Alert will expire on February 27, 2015.

Due to an outbreak of Ebola Virus Disease (EVD) in the West African nations of Liberia, Guinea, and Sierra Leone, the Centers for Disease Control and Prevention (CDC) issued  Level 3 Travel Warnings for those three countries advising against non-essential travel and provided guidance to reduce the potential for spread of EVD.  The CDC also issued a Level 2 Travel Alert for Nigeria to notify travelers of the Ebola outbreak in that country.  The Bureau of Consular Affairs’ website prominently features an Ebola Fact Sheet and links to the CDC Health Travel Warnings, Travel Alert, and general guidance about Ebola.

The World Health Organization (WHO) and CDC have also published and provided interim guidance to public health authorities, airlines, and other partners in West Africa for evaluating risk of exposure of persons coming from countries affected by EVD.  Measures can include screening, medical evaluation, movement restrictions up to 21 days, and infection control precautions.  Travelers who exhibit symptoms indicative of possible Ebola infection may be prevented from boarding and restricted from traveling for the 21-day period.  Please note neither the Department of State’s Bureau of Consular Affairs nor the U.S. Embassy have authority over quarantine issues and cannot prevent a U.S. citizen from being quarantined should local health authorities require it.  For questions about quarantine, please visit the CDC website that addresses quarantine and isolation issues.

The cost for a medical evacuation is very expensive.  We encourage U.S. citizens travelling to Ebola-affected countries to purchase travel insurance that includes medical evacuation for Ebola Virus Disease (EVD).  Policy holders should confirm the availability of medical care and evacuation services at their travel destinations prior to travel.

Some local, regional, and international air carriers have curtailed or temporarily suspended service to or from Ebola-affected countries.  U.S. citizens planning travel to or from these countries, in accordance with the CDC Health Travel Warnings and Health Travel Alert, should contact their airline to verify seat availability, confirm departure schedules, inquire about screening procedures, and be aware of other airline options.

The Department is aware that some countries have put in place procedures relating to the travel of individuals from the affected countries, including complete travel bans.  Changes to existing procedures may occur with little or no notice.  Please consult your airline or the embassy of your destination country for additional information.

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According to the WHO’s Outbreak News, the total number of probable and confirmed cases in the current outbreak of Ebola virus disease (EVD) as reported by the respective Ministries of Health of Guinea, Liberia, Nigeria, and Sierra Leone is 3069, with 1552 deaths.  The World Health Organization reports that the outbreak continues to accelerate with more than 40% of the total number of cases occurring within the past 21 days.  The overall case fatality rate is 52%.

A separate outbreak of Ebola virus disease not related to the four-country outbreak was laboratory-confirmed on  August 26 by the Democratic Republic of Congo (DRC). The DRC’s index case was a pregnant woman from a village who butchered a bush animal that had been killed and given to her by her husband. From July 28- August 18, 2014, a total of 24 suspected cases of haemorrhagic fever, including 13 deaths, have been identified in that outbreak.

As of this writing, Senegal also confirmed its first case of Ebola related to the four-country outbreak in West Africa.

 

 

 

 

 

 

 

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U.S. Embassy Sierra Leone Now on Ordered Departure for Family Members #Ebola

– Domani Spero

 

On August 14, the State Department  announced the ordered departure of family members not employed at U.S. Embassy Freetown from Sierra Leone. This follows the ordered departure of family members from U.S. Embassy Liberia on August 7. No Travel Warning has yet been issued for Sierra Leone as of this writing but we expect one coming out soon. Below is the statement of the U.S. Embassy Freetown ordered departure:

At the recommendation of the U.S. Embassy in Sierra Leone, the State Department today ordered the departure from Freetown of all eligible family members (EFMs) not employed by post. The Embassy recommended this step out of an abundance of caution, following the determination by the Department’s Medical Office that there is a lack of options for routine health care services at major medical facilities due to the Ebola outbreak.

We are reconfiguring the Embassy staff to be more responsive to the current situation. Our entire effort is currently focused on assisting U.S. citizens in the country, the Government of Sierra Leone, international health organizations, local non-governmental organizations (NGOs), and the Sierra Leonean people to deal with this unprecedented Ebola outbreak.

We remain deeply committed to supporting Sierra Leone and regional and international efforts to strengthen the capacity of the country’s health care infrastructure and system — specifically, the capacity to contain and control the transmission of the Ebola virus, and deliver health care.

According to the World Health Organization, a total of 128 new cases of Ebola virus disease (EVD) (laboratory-confirmed, probable, and suspect cases) as well as 56 deaths were reported from Guinea, Liberia, Nigeria, and Sierra Leone between August 10-11, 2014. See the disease update from the WHO:

via WHO

via WHO

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U.S. Court Awards Damages to Victims of August 7, 1998 East Africa Embassy Bombings

– Domani Spero

 

Last week, we posted the State Department’s Albright archive of the 1998 East Africa embassy bombings.  Yes, the interesting thing about that is how 16 years later, the names, the response, the briefings and the narrative are ever so familiar.

The twin-embassy bombings cost the lives of over 220 persons and wounded more than 4,000 others. Twelve American USG employees and family members, and 32 Kenyan and 8 Tanzanian USG employees, were among those killed.

Screen Shot 2014-08-07

U.S. Embassy Nairobi employees joined Charge d’Affaires Isiah Parnell for a wreath laying ceremony to commemorate the victims of the 1998 Embassy bombing in Nairobi. August 7, 2014

In December 2011, U.S. District Judge John Bates ruled (PDF via Legal Times) that the governments of Sudan and Iran will be liable for monetary damages to victims of suicide bombings at U.S. embassies in Nairobi, Kenya and Dar es Salaam, Tanzania in 1998. According to Judge Bates’ 2011 order (PDF via Legal Times) , a special master was appointed to figure how much in damages the plaintiffs will receive.  The Court previously ruled that the foreign-national U.S.-government-employee victims have a federal cause of action, while their foreign-national family members have a cause of action under D.C. law.

On July 25, 2014, the Court entered final judgment on liability under the Foreign Sovereign Immunities Act (“FSIA”) on several related cases—brought by victims of the bombings and their families—against the Republic of Sudan, the Ministry of the Interior of the Republic of Sudan, the Islamic Republic of Iran, the Iranian Revolutionary Guards Corps, and the Iranian Ministry of Information and Security (collectively “defendants”) for their roles in supporting, funding, and otherwise carrying out the attacks. The combined cases involve over 600 plaintiffs. The awards range from $1.5 million for severe emotional injuries to $7.5 million for severe injuries and permanent impairment. The total award is reportedly $8 billion.

Judge John Bates in his ruling  (see Wamai, et al.,v. Republic of Sudan, et.al. (pdf) (Civil Action No. 08-1349 (JDB) writes that the 1998 embassy bombings shattered the lives of all plaintiffs.

[T]heir personal stories reveals that, even more than fifteen years later, they each still feel the horrific effects of that awful day. Damages awards cannot fully compensate people whose lives have been torn apart; instead, they offer only a helping hand. But that is the very least that these plaintiffs are owed. Hence, it is what this Court will facilitate.

 

 

Below are some of the embassy employees and their injuries cited in court documents:

  • Many plaintiffs suffered little physical injury—or none at all—but have claims based on severe emotional injuries because they were at the scene during the bombings or because they were involved in the extensive recovery efforts immediately thereafter. Those plaintiffs will be awarded $1.5 million. See id. Typical of this category is Edward Mwae Muthama, who was working at the offsite warehouse for the United States Embassy in Kenya when the bombings occurred. Report of Special Master John Aldock Concerning Edward Muthama [ECF No. 93] at 4. Shortly after the attack, Muthama headed to the blast site and spent days assisting with the gruesome recovery efforts; to this day he suffers from emotional distress resulting from his time administering aid to survivors and handling the dead bodies (and body parts) of his murdered colleagues. Id.
  • Other plaintiffs suffered minor injuries (such as lacerations and contusions caused by shrapnel), accompanied by severe emotional injuries. They will be awarded $2 million. Typical is Emily Minayo, who was on the first floor of the United States Embassy in Nairobi at the time of the bombing. Report of Special Master Brad Pigott Concerning Emily Minayo [ECF No. 162] at 4. She was thrown to the floor by the force of the blast, but she was lucky enough to escape with only lacerations that were later sewn up during a brief hospital stay. Id. She continues, however, to suffer from severe emotional damage resulting from her experience. Id.
  • To those who suffered more serious physical injuries, such as broken bones, head trauma, some hearing or vision impairment, or impotence, the Court will award $2.5 million. Typical is Francis Maina Ndibui, who was in the United States Embassy in Nairobi during the bombing. Report of Special Master Brad Pigott Concerning Francis Maina Ndibui [ECF No. 152] at 4. Ndibui became temporarily trapped under debris that fell from the ceiling, and he suffered minor lacerations similar to Minayo’s. Id. Also as a result of the bombing, he continues to suffer from partial vision impairment, which has persisted even through reparative surgery. Id. He also suffers from severe emotional damage resulting from his experience. Id.
  • Plaintiffs with even more serious injuries—including spinal injuries not resulting in paralysis, more serious shrapnel injuries, head trauma, or serious hearing impairment—will be awarded $3 million. Typical is Victor Mpoto, who was at the United States Embassy in Dar es Salaam on the day of the bombing. Report of Special Master Jackson Williams Concerning Victor Mpoto [ECF No. 136] at 3. The blast knocked him to the ground and covered him in debris, causing minor physical injuries. Id. Because he was only about fifteen meters away from the blast, he suffered severe hearing loss in both ears that continues to this day and for which he continues to receive treatment. Id. He also suffers from severe emotional damage resulting from his experience. Id. at 4.
  • Those who suffered from injuries similar to those plaintiffs who are generally awarded the “baseline” award of $5 million (involving some mix of serious hearing or vision impairment, many broken bones, severe shrapnel wounds or burns, lengthy hospital stays, serious spinal or head trauma, and permanent injuries) will also be awarded that baseline. See Valore, 700 F. Supp. 2d at 84. Typical is Pauline Abdallah, who was injured in the bombing of the United States Embassy in Nairobi. Report of Special Master Stephen Saltzburg Concerning Pauline Abdallah [ECF No. 117] at 3. She was knocked unconscious by the blast, and later spent about a month in the hospital. Id. She suffered severe shrapnel wounds requiring skin grafts, third-degree burns, and two of her fingers were amputated. Id. Shrapnel still erupts from her skin. Id. She also suffered severe hearing loss. Id. Like other plaintiffs who were injured in the bombing, she suffers from severe emotional damage. Id. at 3-4.
  • And for a few plaintiffs, who suffered even more grievous wounds such as lost eyes, extreme burns, severe skull fractures, brain damage, ruptured lungs, or endured months of recovery in hospitals, upward departures to $7.5 million are in order. Livingstone Busera Madahana was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Kenneth Adams Concerning Livingstone Busera Madahana [ECF No. 175] at 4. Shrapnel from the blast completely destroyed his right eye and permanently damaged his left. Id. He suffered a skull fracture and spent months in a coma; his head trauma caused problems with his memory and cognition. Id. “He endured multiple surgeries, skin grafts, physical therapy, vocational rehabilitation, speech and cognitive therapy, and psychotherapy for depression.” Id.
  • Gideon Maritim was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Jackson Williams Concerning Gideon Maritim [ECF No. 222] at 3. The second explosion knocked him unconscious for several hours. Id. at 4 The blast ruptured his eardrums, knocked out several teeth, and embedded metal fragments into his eyes. Id. He also suffered deep shrapnel wounds to his legs and stomach, and his lungs were ruptured. Id. His hearing is permanently impaired, as is his lung function. Id. at 5. And he suffers from chronic back and shoulder pain. Id.
  • Charles Mwaka Mulwa was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Jackson Williams Concerning Charles Mwaka Mulwa [ECF No. 132] at 3. The bomb blast permanently disfigured his skull, ruptured both his eardrums, and embedded glass in his eyes. Id. He continues to suffer from nearly total hearing loss, and his eyesight is permanently diminished. Id. And he suffered from other shrapnel injuries to his head, arms, and legs. Id.
  • Tobias Oyanda Otieno was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Brad Pigott Concerning Tobias Oyanda Otieno [ECF No. 181] at 4. The blast caused permanent blindness in his left eye, and substantial blindness in his right. Id. He suffered severe shrapnel injuries all over his body, including a particularly severe injury to his hand, which resulted in permanent impairment. Id. His lower back was also permanently damaged, causing continuous pain to this day. Id. He spent nearly a year recovering in hospitals. Id.
  • Moses Kinyua was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Deborah Greenspan Concerning Moses Kinyua [ECF No. 202] at 4. The blast knocked him into a coma for three weeks. Id. His skull was crushed, his jaw was fractured in four places, and he lost his left eye. Id. The head trauma resulted in brain damage. Id. In addition, he suffered from a ruptured eardrum, a detached retina in his right eye, a dislocated shoulder, broken fingers, and serious shrapnel injuries. Id. He was ultimately hospitalized for over six months. Id.
  • Joash Okindo was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Brad Pigott Concerning Joash Okindo [ECF No. 163] at 4. He spent about eight months in hospitals, and was in a coma for the first month because he suffered a skull fracture. Id. at 4-5. He suffered from severe shrapnel injuries to his head, back, legs, and hands, and the blast fractured bones in both of his legs. Id. at 4.
  • Each of these plaintiffs also suffered severe emotional injuries. The injuries suffered by these plaintiffs are comparable to those suffered by plaintiffs who were awarded $7–$8 million in Peterson II. See 515 F. Supp. 2d at 55-57 (e.g., Michael Toma, who suffered “various cuts from shrapnel, internal bleeding in his urinary system, a deflated left lung, and a permanently damaged right ear drum”). Hence, the Court will award each of these plaintiffs $7.5 million for pain and suffering. The Court adopts the recommendations by special masters of awards consistent with the adjusted guidelines described above, and will adjust inconsistent awards accordingly.

An attorney for hundreds of the East African victims cited the “need to have patience and determination” in collecting approximately $8 billion from Iran and Sudan, acknowledging it is unlikely that the  two governments would make voluntarily payments for the award ordered by the U.S. court. The lawyers are reportedly looking at Iranian and Sudanese assets seized in the United States or other countries as a source for the court-ordered payments.

 

Related documents ( all pdfs):

07/25/2014 Civil Action No. 2008-1380 ONSONGO et al v. REPUBLIC OF SUDAN et al
Doc No. 233 (memorandum opinion) by Judge John D. Bates

07/25/2014 Civil Action No. 2008-1361 AMDUSO et al v. REPUBLIC OF SUDAN et al
Doc No. 255 (memorandum opinion) by Judge John D. Bates

07/25/2014 Civil Action No. 2008-1349 WAMAI et al v. REPUBLIC OF SUDAN et al
Doc No. 246 (memorandum opinion) by Judge John D. Bates

 

 

 

 

 

 

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U.S. Embassy Liberia Now on Ordered Departure For Family Members, New Travel Warning Issued

– Domani Spero

 

On August 7, the State Department ordered the departure of all family members not employed at the U.S. Embassy in Monrovia, Liberia.  The new Travel Warning issued today says that the U.S. government employees in Liberia will remain on active duty at the Embassy and additional staff are being deployed to assist the Government of Liberia in addressing the Ebola Virus Disease outbreak.  This follows the departure of  the U.S. Peace Corps from Liberia on July 30 as a result of the current outbreak of Ebola Virus Disease in the region. Yesterday, the CDC also issued a Level 3 warning urging all US residents to avoid nonessential travel to Sierra Leone, Guinea, and Liberia.  

Full State Department statement below:

At the recommendation of the U.S. Embassy in Liberia, the State Department today ordered the departure from Monrovia of all eligible family members (EFMs) not employed by post in the coming days. The Embassy recommended this step out of an abundance of caution, following the determination by the Department’s Medical Office that there is a lack of options for routine health care services at major medical facilities due to the Ebola outbreak. We are reconfiguring the Embassy staff to be more responsive to the current situation. Our entire effort is currently focused on assisting U.S. citizens in the country, the Government of Liberia, international health organizations, local non-governmental organizations (NGOs), and the Liberian people to deal with this unprecedented Ebola outbreak.

We remain deeply committed to supporting Liberia and regional and international efforts to strengthen the capacity of the Liberian health care infrastructure and system – specifically, their capacity to contain and control the transmission of the Ebola virus, and deliver health care. Additional staff from various government agencies including 12 disease prevention specialists from the Centers for Disease Control and Prevention and a 13-member Disaster Assistance Response Team from USAID are deploying to Liberia to assist the Liberian Government in addressing the Ebola outbreak.

A new Travel Warning for Liberia also came out today indicating that the ordered departure of USG family members will begin tomorrow, August 8. The new warning also advised travelers that some airlines have discontinued service and flights to Liberia and that air carriers chartered by medical evacuation insurance companies may not be able to provide timely services in Liberia or the region. Excerpt below:

In May 2014, a case of Ebola Virus Disease (EVD) was confirmed in Liberia, marking the first case in a second wave of the EVD outbreak. Since then, EVD has continued to spread and intensify. The latest wave of the outbreak has overwhelmed Liberia’s health system and most health facilities lack sufficient staff or resources to address the continuing transmission of EVD.  Options for obtaining routine medical care are severely limited.  For more information concerning EVD, please visit the Centers for Disease Control and Prevention website.  Please direct inquiries regarding U.S. citizens in Liberia to EbolaEmergencyUSC@state.gov. Callers in the United States and Canada may dial the toll free number 1-888-407-4747.  Callers outside the United States and Canada may dial 1-202-501-4444.

If you arrive in Liberia and subsequently need routine or emergency medical care, you should expect limited, if any, options.  Travelers are advised that air carriers chartered by medical evacuation insurance companies may not be able to provide timely services in Liberia or the region.  Policyholders should confirm the availability of medical evacuation services prior to travel.  While commercial flights are still available from Monrovia, some airlines have discontinued service and flights may become more difficult to obtain.  If you plan to visit Liberia despite this warning, you should purchase travel insurance that includes medical evacuation, and confirm that the coverage applies to the circumstances in Liberia.

According to USAID , the deployed staff came from the Agency’s Office of U.S. Foreign Disaster Assistance (OFDA)  and will be overseeing critical areas of the response, such as planning, operations, logistics in coordination with other federal agencies, including the U.S. Departments of Defense and Health and Human Services. Members of the Centers for Disease Control and Prevention (CDC) are also on the DART to lead on public health and medical response activities.

USAID has already provided $2.1 million to the UN World Health Organization and UNICEF for the deployment of more than 30 technical experts and other Ebola response efforts.

Two days ago, USAID also announced an additional $5 million in assistance to help ramp up the international community’s Ebola response efforts. This new funding will support outreach campaigns via radio, text messages, and through local media as well as the expansion of Ebola outbreak programs the Agency is already supporting in Guinea, Sierra Leone, and Liberia. These programs help trace people who may be infected with the disease, as well as provide health clinics and households with hygiene kits, soap, bleach, gloves, masks, and other supplies to help prevent the spread of disease.

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