Category Archives: Africa

Burkina Faso’s Revolution. Or the day mama jumped in the pool fully clothed.

– Domani Spero

 

One of our readers pointed us to this MamaCongo blogpost (thanks A!).  We’ve requested and was granted permission by the author to excerpt it here. She is the country representative of the Mennonite Central Committee,  a nongovernment organization operating in Burkina Faso, and a marvelous storyteller. In the post below, she tells us a slice of life amidst a crisis in a foreign land. Reminds us of Four Globetrotters’ blogpost about what an FSO and her colleagues went through during the attack of the U.S. Embassy in Tunis in 2012 (see Attack here).

The following post from MamaCongo is a first person account of an American expat during the recent  revolution in Burkina Faso, a land-locked country in the center of West Africa with one of the highest poverty rates in the world.  According to Diplomatic Security’s Crime and Safety Report, Burkina Faso was also rocked by several months of protests, civil unrest, and lawlessness in 2011. In the event of lawlessness or protests by armed groups, including such incidents perpetrated by soldiers and police, the official advice is to seek a safe location, remain indoors, and shelter in place.  The shelter in place advice, of course, that does not work, if the house you’re in is a target for burning, and looting,, as was the case here.

 

There is a shoutout in the blogpost for Kristin, an FSO at our embassy in Ouagadougou.  For all the consular officers and duty officers out there who seldom get a mention for their work, this one’s for you. And those French, by heavens, they remain cool and collected with smokes and drinks even in a crisis?

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Burkina Faso’s Revolution. Or the day mama jumped in the pool fully clothed.

by Sarah Sensamaust
excerpted
from MamaCongo

It’s taken us a bit of time to process Burkina Faso’s recent uprising, or revolution, or coup, or junta, or whatever you want to call it. Granted we’re not Burkinabé nor were we anywhere near the front lines, but our expat lives were a bit shaken up. I mean, we’re not in Congo anymore so life should be easy peasy for goodness sake.

In short, Blaise Compaoré, Burkina Faso’s longtime president of 27 years, decided he wanted to change the constitution to extend term limits. But folks had another idea. As in, on the day of the vote thousands of people mobilized to stop it.

On that morning, we planned to introduce the director of our organization (who was visiting from the States – perfect timing) to participants we work with at the prison. No big deal, Adam would take him in the morning before the vote results were announced. I’d stay back in the office and hold down the fort. Of course no one else was dumb enough to come to work that day. So there I sat alone while they headed off to the prison.

About the time they arrived at the prison, the city exploded. Tens of thousands of people protested and then attacked the parliament building setting it on fire. There was gunfire, then helicopters dropped tear gas. I spent the morning pacing up and down the office hallway. Convincing myself my eyes were burning from really intense dust and not tear gas. I also sent messages to Jill because how can this be happening and I have no one to talk to?!

I won’t mention how many paces it took me to remember my children playing outside a few blocks away. But I did eventually call Anastasie and ask her to take the girls inside and close the windows. Clearly she had already done this. Because tear gas.

Meanwhile at the prison, a mob had gathered outside and began banging on the doors, so needless to say, Adam and our director were stuck inside. I’ll keep this exciting part about Adam short due to his issue with reading long posts and all: Prison guards quickly change into military uniforms. Everyone running. Adam stuck inside. Me thinking it’s slightly funny he’s got himself and our director trapped in a prison during a coup. Me waiting a long time, not thinking it’s so funny anymore. Crowds getting bigger. Me making lots of phone calls and driving back and forth through protestors to attempt to free them from prison. They eventually escape with zero help from me. 30 minutes later factory across from the prison is looted and burned. Revolt later that day in the prison and 3 people killed. Us breathing sigh of relief.

The stuck in prison situation is the kind of experience I’m happy to have had when it’s over. It was equal parts tense and exciting and it makes for a good story. All’s well that ends well. We are safe and sound at home. Boy was that crazy! So glad this whole revolution thing is over. I put up a semi-clever post on Facebook with a synopsis of the day. We’re proud of ourselves for distracting our children from the gunfire. They didn’t even notice! We’re so cool. Goodnight.

Compaoré resigned the next morning and left the country in a heavily armored motorcade. A general in the military was then named interim leader. Turns out this guy was not so popular and the city erupted once again. Oh wait, this revolution thing isn’t over yet?

A tactic that proved quite effective the day before was the burning and looting of former Compaoré government official’s houses along with those of his relatives and friends. A house a few blocks in front of our’s was burned as well as another house behind us. We got word that our next door neighbor’s house, with whom we share a wall, was next on the loot and burn list. A mob was on its way. Our neighbor on the other side yelled for us to quick get out of our house.

It’s safe to say this was not my calmest moment in motherhood. I went into full panic mode and ushered my children next door – to the safe neighbor’s house. We’ve been down this leave-the-house-and-all-of-your-belongings road before in Congo, so I grabbed their growth chart off the wall, the baby quilt and the princess dresses. Because I can hide from our children the fact that our house has been burned to the ground, but they’re definitely going to notice if their princess dresses are missing.

We took shelter next door. And again the pacing sets in. At this point we crossed a line we had never crossed before. Our children were scared and crying and asking what was going on. Guards were gathered in the road. And everyone was just waiting for the inevitable to happen. It didn’t ease our minds that a document had been looted from the president’s brother’s house, photocopied in mass and distributed throughout the city listing the addresses of houses that the president had bought for his friends. Our neighbor’s house number was #2 on the list.

I kind of just wanted the looters and burners to show up so it could just happen and be over. Someone suggested I call the embassy. After 6 years in Congo, I have their emergency number on speed dial. I don’t know how many times in Kinshasa I had to call an annoyed 18-year-old Marine and explain how we got our car booted in the middle of the road again.

Here in Ouagadougou it’s a kind woman named Kristin, who bless her heart, must have been a 911 operator or worked at a suicide prevention hotline in a previous life. She was so sweet and encouraging and for the first time since this whole ordeal began, I was talking with someone to whom I didn’t need to show a brave face. I started to tear up, so I took myself into my neighbor’s garage and had a good cry with dear, sweet Kristin. (Kristin, I hope you never read this. I would like to remain the anonymous, unstable expat caller.)

For whatever reason the mob had yet to come and it’s clear that pacing at our neighbor’s house all day was not a good plan for anyone. So we scurried across the street to distract our children and let them swim at the pool of our neighborhood French compound.

And folks, I kid you not. Those Frenchies were smoking and drinking and having a grand old time behind their wall, not 20 feet away from our panic attack across the street.

Our girls soon forgot their trauma and swam and joined in the carefree French time. Meanwhile, Adam and I were poolside sending emails and making hurried phone calls to our organization’s headquarters in the States, all the while keeping an ear out for approaching angry mobs.

At this point, as if our world had not stopped already, I glanced in the pool and Ani was bobbing and gasping for air in the deep end. So naturally, I jump in the pool, in front of all those relaxed French folk – fully clothed, leather clogs and all – to pull that poor girl out.

I swear to you, at this moment another military plane buzzed overhead and after the near-burning of our house and the near-drowning of my child, I took a moment to tread water and have a mini breakdown right there in the pool. I’ll never forget Adam and our director looking down at me, offering hands to help me out. But I just stayed. And treaded water. And cried.

And then my loving husband said, “That was crazy. It was kind of embarrassing that you had to jump in the pool like that to save her, but none of these French people even noticed. No one turned their heads. How are they so cool about everything?!”

I spent the rest of the day sitting by the pool. Sopping wet. You know, because of no spare clothes due to being evacuated from my house and all. Then after the curfew set in (which is announced in the curious way of police going through the streets and shooting in the air) our house was still standing and it was deemed safe to go home.

Our neighbors in question had rallied their burliest male relatives to set up camp outside their house to protect it. We managed to fall asleep that night, but it’s practically impossible to distinguish between the noises of a mob of men guarding a house and a mob of men attacking a house.

We debriefed with the girls and asked them how they felt when we had to leave our house and run next door. Because afterall, they were upset and scared and I don’t want that coming back at us in adolescence.

They didn’t really seem to remember it, so we didn’t press it. They were too distracted and confused about why mama jumped and cried in the pool. “No really, why were you crying in the pool?” they asked, “And why didn’t you put on your bathing suit first?” A full month later, they are still talking about this. “Hey! Remember that time mama jumped in the pool with her clothes on?!”

Thank the lord they’re not asking, “Remember that time we ran screaming from our house because we thought it was going to burn down?”

There’s more.  Read the entire blogpost here via MamaCongo.

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Filed under Africa, Americans Abroad, Blogs of Note, Consular Work, FSOs, Protests, Realities of the FS, U.S. Missions

Congressional Research Service Reports and Briefs – October 2014

via state.gov

-10/31/14   Border Security: Immigration Inspections at Port of Entry  [502 Kb]
-10/29/14   Iraq: Politics, Governance, and Human Rights  [497 Kb]
-10/29/14   U.S. and International Health Responses to the Ebola Outbreak in West Africa  [633 Kb]
-10/28/14   The Ebola Outbreak: Quarantine and Isolation Authority – Legal Sidebar  [55 Kb]
-10/27/14   Proposed Train and Equip Authorities for Syria: In Brief  [340 Kb]
-10/23/14   Iran Sanctions  [709 Kb]
-10/22/14   Political Transition in Tunisia  [437 Kb]
-10/22/14   The “Islamic State” Crisis and U.S. Policy  [594 Kb]
-10/21/14   A New Authorization for Use of Military Force Against the Islamic State: Comparison of Current Proposals in Brief  [302 Kb]
-10/21/14   Turkey-U.S. Cooperation Against the “Islamic State”: A Unique Dynamic? – CRS Insights  [170 Kb]
-10/20/14   Palestinian Authority: U.S. Payments to Creditors as Alternative to Direct Budgetary Assistance? – CRS Insights  [58 Kb]
-10/17/14   U.S. Citizens Kidnapped by the Islamic State  [60 Kb]
-10/10/14   Al Qaeda-Affiliated Groups: Middle East and Africa  [1119 Kb]
-10/10/14   Increased Department of Defense Role in U.S. Ebola Response – CRS Insights  [48 Kb]
-10/07/14   As Midterm Election Approaches, State Election Laws Challenged – Legal Sidebar  [53 Kb]

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State Dept Issues Burkina Faso Travel Alert (Expires on January 29, 2015)

– Domani Spero

 

We’ve previously blogged about Burkina Faso here (see Burkina Faso Says Bye Bye Blaise: Martial Law Lifted, Nationwide Curfew, Shelter in Place Still OnUS Embassy Ouagadougou: Burkina Faso Now on Martial Law; Embassy Staff Shelters in Place; Some of the World’s ‘Forever’ Rulers Are in Town — Meet Their Fashionable Ladies (Photos).

Yesterday, after three days of chaos, the State Department issued a Travel Alert informing U.S. citizens of the risks of traveling to Burkina Faso following the fall of the government of  President Compaore:

The State Department alerts U.S. citizens of the risks of travel to or residing in Burkina Faso and recommends U.S. citizens defer all non-essential travel.  This Travel Alert will expire on January 29, 2015.

On October 31, Burkina Faso’s President Compaore resigned.  The status of a transitional government remains unclear.  There are incidents of looting throughout the capital city of Ouagadougou, Bobo-Dioulasso, and other parts of the country.

The situation is dynamic and closures or openings of border and airports are likely to change and remain unpredictable for some time.  Currently, land and air borders have been closed.  U.S. citizens should stay informed and abreast of local media reports for land border and airport updates.

U.S. citizens in Burkina Faso may find that at times sheltering in place may be the only and best security option.

U.S. citizens residing in Burkina Faso should remain vigilant and utilize appropriate personal security practices.  Avoid large gatherings, protests, or demonstrations; maintain situational awareness and exercise good judgment; be alert and remain aware of your surroundings; and stay abreast of the situation through media outlets.

Read in full here.

Meanwhile –

 

 

 

Yesterday, the State Department expressed concern over the transfer of power in Burkina Faso:

The United States is concerned about the unfolding events in Burkina Faso.  We regret the violence and the loss of life in Burkina Faso and call on all parties to avoid further violence.  We reiterate our call for all parties to follow the constitutionally mandated process for the transfer of power and holding of democratic elections following the resignation of former President Blaise Compaore.  We condemn any attempts by the military or other parties to take advantage of the situation for unconstitutional gain and call on all parties to respect the people’s support for the democratic process.

According to Vice News, Lieutenant Colonel Yacouba Isaac Zida, who assumed power has been a member of the military for more than 20 years, and served as the second in command of the ex-president’s security regiment. This is apparently, the seventh time a military officer has seized power since Burkina Faso won its independence from France more than 50 years ago. If history is any indication, he may still be around in 2022 in the “land of upright people.”

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Burkina Faso Says Bye Bye Blaise: Martial Law Lifted, Nationwide Curfew, Shelter in Place Still On

– Domani Spero

 

The U.S. Embassy in Ouagadougou issued the following emergency message to U.S. citizens in Burkina Faso. The messages are dated but typically do not carry a timestamp:

On Thursday, October 30, President Compaore announced in a televised address that he will continue dialogue to form a transitional government after which he will transfer power to a democratically elected president.  He reiterated the message that the government is dissolved and announced that the state of martial law is lifted in all of Burkina Faso.

However, there is currently a 7:00 pm to 6:00 am curfew nationwide.

The city of Ouagadougou currently appears to be calm, however protesters continue to gather at the Place de la Nation in Ouagadougou, and at the Place Tiefo Amoro (Station Square) in Bobo-Dioulasso. Crowds and spontaneous protests may also form elsewhere.

Embassy staff continues to shelter in place until further notice.  We urge U.S. citizens in Ouagadougou to do the same and to make movements for essential purposes only.

At this time we do not know if civilians have access to the Ouagadougou International Airport. We are monitoring the situation but it is unclear whether flights continue to operate.

 

Meanwhile, today, Burkina Faso said bye-bye Blaise:

 

Enter armed forces chief General Honore Traore:

 

The people celebrates:

 

Former-Prez to Ghana?

 

Meet the new boss:

 

Consequences?

 

Except for the Emergency Message from Embassy Ouagadougou, there is no Travel Warning or Alert issued on Burkina Faso as of this writing. The latest State Department statement is dated October 30, and obviously had been overtaken by events.

The United States welcomes President Compaore’s decision to withdraw a National Assembly bill which would have amended the constitution and allowed him to run for an additional term of office. We also welcome his decision to form a government of national unity to prepare for national elections and to transfer power to a democratically elected successor. We look forward to that transition taking place in 2015. We regret the violence and the loss of life today in Burkina Faso, and call on all parties to avoid further violence. We underscore our commitment to peaceful transitions of power through democratic elections and emphasize neither side should attempt to change the situation through extra-constitutional means.

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Poor MidLevel Official Writes #Ebola Memo That Never Went Anywhere — Oy!

– Domani Spero

 

In September, we blogged that the State Dept Awarded $4.9 Million Contract to Phoenix Air for Air Ambulance Evacuation #Ebola.  Apparently, the last couple of days there was a flap over a State Department memo on a plan to bring non-Americans with Ebola to U.S. soil for treatment. The memo labeled Sensitive But Unclassified – Predesicional is available to read here and notes USG obligation to non-U.S. citizen employees and contractors of U.S. agencies (USAID, CDC, etc.) and programs as well as NGOs and private firms based in the United States.

The  Washington Times identified the memo’s author as Robert Sorenson, deputy director of the Office of International Health and Biodefense (OES/IHB). The Office of International Health and Biodefense is the primary State Department policy office responsible for a variety of international health issues. It takes part in U.S. Government policymaking on infectious disease, environmental health, noncommunicable disease issues, global health security, antimicrobial resistance, and counterfeit and substandard medications.  A clearance sheet attached to the memo reportedly says it was cleared by offices of the deputy secretary, the deputy secretary for management, the office of Central African affairs and the medical services office.

The memo did make it to the Daily Press Briefing at the State Department. Excerpt below:

QUESTION: And then the last one on this is: There was a report last night and again this morning about this memo that was – the State Department memo –

MS. PSAKI: Sure, let me address that.

QUESTION: — about bringing –

MS. PSAKI: Mm-hmm. One, just factually, the document referenced was drafted by a midlevel official but not cleared by senior leaders. It never came to senior officials for approval. And any assertion that the memo was cleared by decision-makers is inaccurate. There are no plans to medevac non-Americans who become ill with Ebola to the United States. We have discussed allowing other countries to use our medevac capabilities to evacuate their own citizens to their home countries or third countries subject to reimbursement and availability. But we’re not contemplating bringing them back to the United States for treatment.

QUESTION: So the – but essentially, what you’re saying is that one guy somewhere in this building came up with this idea and put it on paper, but it never went anywhere? Is that what you’re saying?

MS. PSAKI: Correct. It’s also weeks old and the memo isn’t current because European – our European partners –

QUESTION: All right. Okay.

MS. PSAKI: — have addressed this matter by providing their own guarantees, but go ahead.

QUESTION: One problem that – I mean, that I see is that a week ago, the Pentagon and the White House was insisting that, no, no, no, there is no overall quarantine order and it’s just this one commander, or these guys who are in Italy. And now all of a sudden, today we have Secretary Hagel saying no, it’s going to be – it’s Pentagon-wide and it’s going to go to all of the troops that are there. What is there to prevent this memo from coming back to life, as it were –

MS. PSAKI: Well, I think with this –

QUESTION: — and becoming policy? Has it been flat out rejected or is it just kind of sitting on a shelf someplace and maybe could be implemented at some point?

MS. PSAKI: It’s sitting on a shelf or on a computer – since we use computers nowadays – by the individual who wrote it, I suppose. I think the important point here is that our European partners, since several weeks ago when that was written, have addressed this by providing a guarantee to international health workers that they would either be flown to Europe or receive high-quality treatment on the spot. So it’s not applicable at this point.

QUESTION: Okay. Well, in general, why was this never approved? I mean, it seems – I mean, you could make the argument that the U.S. has great healthcare facilities, that no one who has contracted the disease in the United States has actually died. So I think there might be some who could make the argument that why not bring people?

MS. PSAKI: Sure, but many countries have decided to make that decision to deal with it themselves, and we’ve certainly been discussing with them how to do that.

QUESTION: So this has been discarded as unnecessary rather that rejected –

MS. PSAKI: It was never discussed at any levels, in any serious level with decision-makers. So I don’t – wouldn’t say it was discarded, but –

QUESTION: Okay.

QUESTION: Along the lines of what Matt was saying, on page 5 of the memo, it says that it was approved by Nancy Powell, the head of the Ebola Coordination Unit. Doesn’t that suggest it was fairly further along in the process?

MS. PSAKI: I’m happy to look at the approval memo. As I understand, and just so you know, sometimes there are people listed. It doesn’t mean they cleared it. It just means there are people who need to clear a memo. So I will check and see if there was anybody who actually cleared it.

“One guy somewhere in this building came up with this idea and put it on paper, but it never went anywhere?” And the official spokesperson, without blinking said, “correct.”

Don’t you just hate it when they say things like that and throw some midlevel official under the medevac plane?

In fact, the justification for the air ambulance evacuation contract awarded to Phoenix Air on August 18, 2014 appears clear enough as to why this was necessary:

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.

That leaked memo is not saying we’re moving Liberia’s entire infected population for treatment in U.S. hospitals, is it?  An argument can be made that the USG has an obligation to assist in the treatment of those infected in the course of their work fighting the ebola outbreak on behalf of the international community.  The State Department is not/not making that argument, of course.  The only official argument it is making is that — that memo, that never went anywhere beyond the midlevel officer’s desk.

Nothing to do with an election coming up? Sure, okay.

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US Embassy Ouagadougou: Burkina Faso Now on Martial Law; Embassy Staff Shelters in Place

– Domani Spero

 

The US Embassy in Burkina Faso has made several security messages this past week, warning U.S. citizens of a planned day of protest that started out as a “civil disobedience campaign” on Tuesday, October 28 and followed by a demonstration and an  expected sit-down strike the last two days:

On Wednesday, October 29 it is expected that a demonstration (which was originally planned before the referendum announcement) organized by the Coalition Contre la Vie Chère(Coalition Against a High Cost of Living) will be used by the political opposition as an opportunity to hold a march and gathering in downtown Ouagadougou.

On Thursday, October 30 the National Assembly will reportedly vote on the proposed constitutional change.  The opposition has called for a sit-down strike surrounding the National Assembly building to block voting members from casting their vote.

Earlier today, Embassy Ouagadougou sent out an emergency message that at 9:30 am the U.S. Embassy received reports of demonstrators breaking through police barricades at the National Assembly and that warning shots and teargas have been fired.  Embassy staff was instructed to shelter in place until further notice.

via Google

via Google

Later on October 30, the embassy released the following statement on the enactment of martial law in Burkina Faso:

On Thursday, October 30, President Compaore declared that he is dissolving the government, declaring a state of emergency and enacting martial law.  Embassy staff has been instructed to continue to shelter in place until further notice.  We urge U.S. citizens in Ouagadougou to do the same.

There have been widespread reports of looting throughout Ouagadougou and other parts of the country.

The Ouagadougou International Airport is closed and all flights in and out have been canceled until further notice.

U.S. citizens are urged to remain vigilant and to utilize appropriate personal security practices.  The U.S. Embassy urges U.S. citizens to avoid large gatherings, protests, or demonstrations.  The U.S. Embassy urges all U.S. citizens to maintain situational awareness and exercise good judgment.  Be alert and remain aware of your surroundings.  Stay informed and abreast of local media reports.

The United States established diplomatic relations with Burkina Faso (then called Upper Volta) in 1960, following its independence from France.  Blaise Compaoré has been President of Burkina Faso since 1987. CBS describes President Compaoré as a graduate of Muammar Qaddafi’s World Revolutionary Center (a.k.a. Harvard for tyrants).  His country has an unemployment rate of 77 percent (ranked 197th in the world.) See Some of the World’s ‘Forever’ Rulers Are in Town — Meet Their Fashionable Ladies (Photos).

According to the State Department’s Fact Sheet, U.S. interests in the country are as follows:

U.S. interests in Burkina Faso are to promote continued democratization and greater respect for human rights and to encourage sustainable economic development. Countering terrorism and strengthening border security are of growing importance in Burkina Faso. The United States and Burkina Faso engage in a number of military training and exchange programs, including in counterterrorism and humanitarian assistance. The country is contributing to the support of U.S. efforts in the Sahel. Burkina Faso is a partner in the Africa Contingency Operations Training and Assistance program for peacekeeping and is a member of the Trans-Sahara Counterterrorism Partnership.

This is a fast moving event that the Consular Bureau’s Travel Alert or Travel Warning is possibly running wildly down the corridors to get cleared so it can get posted online.  We’ll try to keep tabs on that.  The airport is also closed so any evacuation will have that to tackle.   The U.S. Ambassador to Burkina Faso is Tulinabo Mushingi, a career diplomat with extensive Africa experience.

Some clips via Twitter:

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Photo of the Day: Ambassador Power Visits Monrovia Medical Unit, Liberia

via state.gov

U.S. Ambassador to the United Nations Samantha Power, second from right, receives a briefing from Rear Admiral Scott Giberson, far right, who is the Acting Deputy Surgeon General and Director of the Commissioned Corps of the U.S. Public Health Service, about the Monrovia Medical Unit (MMU), a 25-bed field hospital that will be used to treat Ebola-infected health care workers, on October 28, 2014. The MMU is expected to open soon, and will be staffed by members of the U.S. Public Health Service Commissioned Corps. Also pictured, from left to right, are: Liberia’s Foreign Minister Augustine Ngafuan, USAID/OFDA Director Jeremy Konyndyk, U.S. Ambassador to Liberia Deborah Malac, and Disaster Assistance Response Team (DART) Leader Bill Berger. USUN Ambassador Power is in Liberia to see firsthand the impact of the Ebola epidemic and to press for a more robust response from the international community. [State Department photo/ Public Domain]

U.S. Ambassador to the United Nations Samantha Power, second from right, receives a briefing from Rear Admiral Scott Giberson, far right, who is the Acting Deputy Surgeon General and Director of the Commissioned Corps of the U.S. Public Health Service, about the Monrovia Medical Unit (MMU), a 25-bed field hospital that will be used to treat Ebola-infected health care workers, on October 28, 2014. The MMU is expected to open soon, and will be staffed by members of the U.S. Public Health Service Commissioned Corps. Also pictured, from left to right, are: Liberia’s Foreign Minister Augustine Ngafuan, USAID/OFDA Director Jeremy Konyndyk, U.S. Ambassador to Liberia Deborah Malac, and Disaster Assistance Response Team (DART) Leader Bill Berger. USUN Ambassador Power is in Liberia to see firsthand the impact of the Ebola epidemic and to press for a more robust response from the international community. [State Department photo/ Public Domain]

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CRS: Ebola Outbreak – Quarantine v. Isolation, Travel Restrictions, Select Legal Issues

– Domani Spero

 

On October 25, WaPo reported that the governors of New York Andrew Cuomo and New Jersey Gov. Chris Christie ordered on Friday the imposition of a mandatory 21-day quarantine for medical workers returning from the countries hit hardest by the ebola epidemic. Illinois later in the day imposed similar restrictions. Today, NYT reported that the Obama administration has expressed deep concerns to the governors and is consulting with them to modify their orders to quarantine medical volunteers returning from West Africa.

Ebola CRS report via Secrecy News (pdf):

On August 8th, the World Health Organization declared the outbreak of the Ebola Virus Disease in West Africa a Public Health Emergency of International Concern. The recent arrival in the United States of several health care workers who contracted the disease, combined with the first diagnosis of a case in the U.S. at a hospital in Dallas, has sparked discussion about the appropriate government response. Aside from the various policy considerations at issue, the outbreak has generated several legal questions about the federal government’s authority to restrict specific passengers’ travel and/or contain the outbreak of an infectious disease. These questions include, inter alia, whether the federal government may: (1) restrict which countries U.S. nationals may travel to in the event of a public health crisis; (2) bar the entry into the United States of people who may have been infected by a disease; and (3) impose isolation or quarantine measures in order to control infectious diseases.

Passport restrictions on which countries U.S. citizens may visit can be imposed by the Secretary of State. Pursuant to the Passport Act, the Secretary of State may “grant and issue passports” according to rules designated by the President, and may impose restrictions on the use of passports to travel to countries “where there is imminent danger to the public health or the physical safety of United States travellers” (sic). The Supreme Court has recognized that the authority to “grant and issue” passports includes the power to impose “area restrictions” – limits on travel to specific countries (restrictions must comply with the Due Process Clause of the Constitution). Although passport restrictions are not criminally enforceable, they may prevent travelers from boarding a flight to a restricted area.

Restrictions may also be imposed on who may enter the United States, though the range of applicable restrictions may differ depending upon whether a person seeking entry into the country is a U.S. national. The government enjoys authority under federal immigration law to bar the entry of a foreign national on specific health-related grounds, including when a particular foreign national is determined to have a “communicable disease of public health significance.” More broadly, section 212(f) of the Immigration and Nationality Act authorizes the President, pursuant to proclamation, to direct the denial of entry to any alien or class of aliens whose entry into the country “would be detrimental to the interests of the United States.”

These restrictions do not apply to U.S. citizens, who may enjoy a constitutional right to reenter the country. Nonetheless, certain travel restrictions may impede the ability of any person – regardless of citizenship – from traveling to the United States in a manner that potentially exposes others to a communicable disease. For example, airlines flying to the U.S. are permitted under Department of Transportation regulations to refuse transportation to passengers with infectious diseases who have been determined to pose a “direct threat” to the health and safety of others. In making this determination, airlines may rely on directives from the CDC and other government agencies. Pilots of flights to the United States are also required to report certain illnesses they encounter during flight before arrival into the U.S.

In addition, the Department of Homeland Security and Centers for Disease Control and Prevention (CDC) maintain a public health “Do Not Board” (DNB) list, which contains the names of people who are likely to be contagious with a communicable disease, may not adhere to public health recommendations, and are likely to board an aircraft. Airlines are not permitted to issue a boarding pass to people on the DNB list for flights departing from or arriving into the United States. People placed on the DNB list are also “assigned a public health lookout record,” which will alert Customs and Border Protection officers in the event the person attempts to enter the country through a port of entry. The CDC’s Division of Global Migration and Quarantine (DGMQ) can conduct exit screening at foreign airports to identify travelers with communicable diseases and alert the relevant local authorities.

Finally, both federal and state governments have authority to impose isolation and quarantine measures to help prevent the spread of infectious diseases. While the terms are often used interchangeably, quarantine and isolation are actually two distinct concepts. Quarantine typically refers to separating or restricting the movement of individuals who have been exposed to a contagious disease but are not yet sick. Isolation refers to separating infected individuals from those who are not sick. Historically, the primary authority for quarantine and isolation exists at the state level as an exercise of the state’s police power in accordance with its particular laws and policies.

However, the CDC is also authorized to take measures “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.” In order to do so, the implementing regulations “authorize the detention, isolation, quarantine, or conditional release of individuals.” This authority is limited to diseases identified by an Executive Order of the President, a list which currently includes Ebola. Whether an isolation or quarantine order originates with the federal or state government, such orders will presumably be subject to habeas corpus challenges, and must also comport with the Due Process Clause of the Constitution.

View the original CRS Legal Sidebar here (pdf) includes active links.

And that legal challenge may soon be upon us. On October 26, Kaci Hickox, a nurse placed under mandatory quarantine in New Jersey, went on CNN on Sunday and criticized the “knee-jerk reaction by politicians” to Ebola.  According to CNN, Hickox, an epidemiologist who was working to help treat Ebola patients in Sierra Leone, has tested negative twice for Ebola and does not have symptoms.  Norman Siegel, Hickox’s attorney, and a former director of the New York Civil Liberties Union told CNN that he will be filing papers in court for Hickox to have a hearing no later than five days from the start of her confinement. Siegel told CNN that Hickox’s quarantine is based on fear.

Here is the link to the Executive Order 13295 of April 4, 2003 cited above by the CRS brief via:

[T]he following communicable diseases are hereby specified pursuant to section 361(b) of the Public Health Service Act:

(a) Cholera; Diphtheria; infectious Tuberculosis; Plague; Smallpox; Yellow Fever; and Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola, Crimean-Congo, South American, and others not yet isolated or named).

July 31, 2014 Update

“(b) Severe acute respiratory syndromes, which are diseases that are associated with fever and signs and symptoms of pneumonia or other respiratory illness, are capable of being transmitted from person to person, and that either are causing, or have the potential to cause, a pandemic, or, upon infection, are highly likely to cause mortality or serious morbidity if not properly controlled. This subsection does not apply to influenza.”

A side note, the U.S. Ambassador to the United Nations, Samantha Power is currently traveling to the countries in West Africa hardest hit with the ebola outbreak:

 

 

Now, since Ambassador Power is not a medical worker, she probably will not be subjected to the NJ/NY mandatory quarantine when she gets back. However, on October 22, the Centers for Disease Control and Prevention (CDC) announced that public health authorities will begin active post-arrival monitoring of travelers whose travel originates in Liberia, Sierra Leone, or Guinea.  Active post-arrival monitoring, according to the CDC  means that travelers without febrile illness or symptoms consistent with Ebola will be followed up daily by state and local health departments for 21 days from the date of their departure from West Africa. Except that Ambassador Power’s return trip will not be originating from West Africa but from Belgium, the last stop on this West Africa-Europe trip before returning to the U.S.

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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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