Mexico in Debt to the Disabled

Emilio Godoy

MEXICO CITY, Sep 9 2010 (IPS) – Ángel Valencia was admitted to a psychiatric hospital in Mexico four years ago with a bipolar disorder. Today, after treatment, he is back in society and is an activist with the Washington-based organisation Disability Rights International.
But Valencia s success story is an exception in this country in terms of care for people with mental disorders, an issue that a broad coalition of non-governmental organisations (NGOs) included in a harshly critical shadow report on Mexico s fulfilment of the United Nations Convention on the Rights of Persons with Disabilities.

The convention has not led to changes in Mexico. Laws should have been changed and access to services guaranteed, but that has not happened, Federico Fleischmann, the head of Libre Acceso, an NGO promoting rights and opportunities for people with disabilities, told IPS.

The convention came into effect in 2008, and in May this year the Mexican state should have sent its official report to the Committee on the Rights of Persons with Disabilities, which monitors implementation of this international instrument. It has not yet done so, although it is hoped that it will submit a report by the end of the year.

This Latin American country with a population of over 107 million has at least 10 million people with disabilities. Of these, 53 percent suffer from motor disorders, 20 percent have diminished intellectual capacity, 18 percent are hearing impaired and the rest are visually impaired, according to figures from the Mexican Confederation of Organisations for Persons with Intellectual Disability (CONFE).

Some four million people are exposed to discrimination because of disability, according to Mexico City s Human Rights Commission.
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Psychosocial disability has been added to the classification, as a category covering illnesses like schizophrenia, depression, and bipolar, obsessive-compulsive and borderline personality disorders.

At least 15 million people in Mexico have some kind of mental disorder, according to the Public Health Ministry, including 500,000 people who suffer from schizophrenia.

The 31 state psychiatric hospitals have an in-patient population of 7,000.

The civil society report provides a big picture perspective of the situation, pointing out the shortcomings, gaps and legal irregularities that contravene international human rights law, activist Ana Yeli Pérez, of the Mexican Commission for the Defence and Promotion of Human Rights (CMDPDH), a local NGO, told IPS.

For the first time in Mexico, organisations of people with disabilities and human rights groups have joined forces to study and document the status of disabled people s rights. More than 100 NGOs worked on the drafting of the report, and will cooperate to distribute its results.

Laws related to work, education, and healthcare should have been reformed, but none of that has happened. We hope the state will fulfil its obligation to present an official report, said Fleischmann, who gets around in a motorised wheelchair.

The General Law on Persons with Disability has been in force since 2005, and last year the government presented its National Programme for the Development of Persons with Disability 2009-2012 (PRONADIS).

The programme consists of nine goals to harmonise public policies in regard to education, health and sport, as well as the legal framework related to disability; reduce discrimination; and guarantee access to places, goods and services.

To produce their alternative report, the civil society organisations carried out a nationwide survey on the state of the disabled population. In addition, the census taken by the National Institute of Statistics and Geography this May and June included four questions on the issue.

The appalling conditions at psychiatric hospitals have shocked Mexican and foreign NGOs. In 2000, Disability Rights International published a study titled Human Rights and Mental Health: Mexico , which describes the problems.

Physical restraint, dehumanising treatment, badly deteriorated infrastructure and lack of qualified staff summed up the findings of a 2008 study by the National Human Rights Commission in six of the seven federally administered hospitals.

No more psychiatric hospitals should be built in the country; psychiatric care should be decentralised so that it is given at every clinic and health centre, Valencia said.

In colonial times, Mexico was one of the first territories in Latin America to have a facility for the care of the mentally ill, the San Hipólito Hospital, founded by the Spaniard Bernardino Álvarez in 1556.

Putting people in psychiatric wards is a violation of all their rights, because they do not receive rehabilitation and have no access to healthcare, Pérez stressed.

Conditions in these hospitals were exposed in the 2007 book Los manicomios del poder: corrupción y tráfico de influencias en el sector salud (The Asylums of Power: Corruption and influence peddling in the health sector) by journalist Jaime Avilés.

In fact a Mexican, Carlos Ríos, was elected to the 17-member U.N. Committee on the Rights of People with Disabilities for 2011-2014, at the Third Conference of States Party to the Convention, held Sept. 1-3 at United Nations headquarters in New York.

 

Washington Debates PEPFAR Funding Ahead of Global Fund Meet

Peter Boaz

WASHINGTON, Oct 2 2010 (IPS) – Global health advocates are strongly urging the Barack Obama administration to remain financially supportive of the fight against HIV/AIDS, amidst fears that economic prudence from the U.S. will reverse encouraging gains.
On Wednesday, the U.S. House of Representatives Committee on Foreign Affairs heard testimony from White House officials and NGO experts on the future of the President s Emergency Plan for AIDS Relief, or PEPFAR.

The hearing comes ahead of a meeting next week at U.N. headquarters in New York where country representatives are expected to announce their financial commitments to the Global Fund to Fight AIDS, Tuberculosis and Malaria.

Following a joint-UN agency report on the state of HIV/AIDS treatment and prevention released earlier this week, which showed a 17 percent reduction in HIV infections over the last eight years, activists warned that a drop-off in funding under President Barack Obama could jeopardise progress.

In May of this year, Obama unveiled his comprehensive global health strategy, known as the Global Health Initiative (GHI).

Faced with the current financial crisis, the GHI extends the previous five-year, 48 billion dollar PEPFAR programme by one year but adds a mere 3 billion dollars.
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Advocates, like Paula Akugizibwe, Advocacy Coordinator for the AIDS and Rights Alliance in South Africa, are disappointed in the administration s apparent downgrading of HIV/AIDS as a health priority.

HIV is not over-funded; rather, health is under-funded, Akugizibwe told a committee hearing Wednesday in Washington.

Shifting funding from HIV will not fill the yawning gaps in resources for health this move is a cheap diversionary tactic that offers no genuine or long-lasting solutions for health systems, Akugizibwe said.

But administration officials stress that incorporating PEPFAR into the GHI is a beneficial development.

The metric that PEPFAR and all GHI programs use to measure success is not dollars spent, but lives saved, said Eric Goosby, U.S. global AIDS coordinator, on Wednesday. In order to save as many lives as possible, we have focused on making smart investments that maximize the human impact of each dollar.

Goosby also emphasised expanding country ownership and local capacity to build sustainable health care delivery systems and optimise resources.

PEPFAR s support for country ownership is demonstrated through Partnership Frameworks, 15 of which have been signed, he said. These are five-year, high-level agreements between the U.S. and partner governments that leverage our investments to obtain measurable financial, programmatic and policy commitments to HIV and health systems.

But Dr. Wafaa El-Sadr, who also testified on Wednesday, took aim at some of what she called the myths and misunderstandings regarding PEPFAR [that] have gained surprising credibility.

As the Director of the International Center for AIDS Care and Treatment Programs at Columbia University, El-Sadr told the Committee that it would be unwise to stray from PEPFAR s original function.

PEPFAR supports tens of thousands of programs and sites embedded within antenatal care programs and primary care settings at health centers, district andreferral hospitals, she said. Rather than reinventing the wheel, or starting from zero, we can build on this platform.

At the heart of the PEPFAR controversy remains a reluctance of the Obama administration to commit billions of dollars in the midst of an economic recession.

Noting that the U.S. provided nearly 60 percent of donor government funding for HIV/AIDS last year, Goosby spoke of an approach that embraced working with partner governments, donor nations, the private sector, civil society, philanthropic organisations, and others.

Goosby continued that the U.S. is the largest donor to the Global Fund to Fight AIDS, Tuberculosis, and Malaria having contributed more than 5.1 billion dollars to date.

Like nearly all global health advocates, Akugizibwe recognises the ground- breaking achievements that U.S. support has enabled in international health, but says the current slackening of U.S. government financial commitment to HIV, rather than encouraging an invigorated response from other countries, is instead leading a regression back to the landscape where HIV was a death sentence.

Akugizibwe cited a letter that Goosby wrote to civil society organisations, which read, one country alone cannot respond to the unmet needs that are present, either globally or in any particular country Every country must take a leadership role, including providing resources to the extent of its ability.

The commitments that countries choose to make will be on display next week in New York.

 

Black Floridians Await Settlement on Toxic Contamination

Christiana Weidanz

NEW YORK, Oct 28 2010 (IPS) – It is safe to say that the candidates running in Florida for the Nov. 2 congressional elections do not have a campaign stop planned for Tallevast. Residents there believe that they have been abandoned by the government.
Most do not even know who their representative is because no one can remember the last time a representative came to speak with the community. Most do not plan to vote because they don t see the point.

For close to four decades, residents of Tallevast in southwest Florida lived side by side with the American Beryllium Company, which employed local men and women to manufacture parts for nuclear weapons. Each day, workers inhaled beryllium dust and brought it home on their clothing.

In an award-winning investigative journalism series for the Miami Herald titled Toxic Town , resident Charles Ziegler says, You came home, you brought that mess home. Along with his wife, Ziegler suffers from chronic beryllium disease, a fatal scarring of the lung tissue.

Adora Nweze, president of the National Association for the Advancement of Colored People for the state of Florida, says the Tallevast case is only the tip of the iceberg.

I can tell you this, she told IPS. This whole state is covered with stories similar to this town s. There are areas, in the Black community in particular, where people are dying of cancer. Companies are depositing their copper and all sorts of metals in their drinking water.
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Public health has been testing, she continued sceptically, but something needs to be done. This is very, very real.

Unbeknownst to Tallevast residents, toxic chemicals used in the plant, including dioxin and TCE, were seeping into the ground. By the time local regulators investigated, a poisonous plume had spread across 200 acres below the small historically Black town.

The plant was sold to defence contractor Lockheed Martin in 1996, and the leakage was discovered as the company prepared to sell the property in 2000. The state of Florida and Manatee County officials were notified but the problem was hidden from residents. State officials quietly began removing soil until a resident questioned their actions. In late 2003 information was finally released on the groundwater contamination.

Only then did the truth of this environmental nightmare begin to come to light.

By this time, nearly one person in every household had been diagnosed with a type of cancer, and many people were dying very young.

State officials later conceded that the notification provisions of our rules were not adequate and that residents should not have had to wait three years to hear about the contamination under their homes.

In 2004, the community filed four lawsuits against the multinational defence contractor to address their health and property damages. The first of these was scheduled to be heard this month but talks toward an out-of-court settlement are also underway.

I m angry, says Laura Ward, who with fellow Tallevast resident Wanda Washington leads a small community organisation called Family Oriented Community United and Strong (FOCUS). I made baby formula and cooked for my family with that water for years while people at Lockheed Martin and at the county regulatory agencies knew how harmful it was.

Ward, who has two children who have had bouts with cancer, says she is also upset because she had to learn about the contamination herself.

We ve been a community that s been overlooked for so long, observed Ward, and I think it s felt that if they continue to overlook us, we might go away.

Ward s husband, Dr. Clifford ( Billy ) Ward, the town dentist, traces his family s history on the land back to the 1890s, when the town began as a turp camp where freed slaves got jobs teasing the sap out of long-leaf slash pines and boiling it into turpentine for use in the nation s shipyards and harbours.

The first thing that went through my mind was, How could this happen? Why didn t anyone tell us? asked Cassandra Casey Brice whose grandfather, Thomas Bryant, and his brother, Eli, founded the Bryant Chapel Christian Methodist Episcopal Church a few blocks from her home.

I think about my neighbors next door, my cousin, my community, worried Beatrice Ziegler. None of us is living safe. None of us!

You just feel like you ve been robbed of your heritage and your legacy, said lifelong resident Beverly Bradley, whose hands and feet were attacked by a fungus she fears came from the plant s soil. Tallevast is us. It s like they are taking our whole lives away from us.

Reporter Ronnie Greene of the Miami Herald captured these voices of Tallevast in the groundbreaking two-part investigative story and video: Toxic Town . In August, Greene, received an award from the Sidney Hillman Foundation in recognition of his exceptional reporting. The Sidney recognises outstanding socially conscious journalism.

Today the village of Tallevast is little more than a giant environmental testing ground, Greene wrote. More than 200 wells monitor a plume that spread from an initial estimate of five acres to more than 200.

Meanwhile, Lockheed Martin said through a representative that it has no plans to relocate any of the residents, claiming the source of the chemical leak has been capped.

While Lockheed Martin did not operate the facility, it remains responsible for the cleanup associated with the contamination from the site, the company states on a website.

The full remediation process is expected to take 50 years.

Many things were surprising, but perhaps none more than the fact that the town had been polluted with a cancer-causing chemical but no one told the residents, said Greene. Not the state, not the county, not industry.

Their struggles also brought about a change in the state laws of Florida. Now state officials must tell residents within 30 days if any sorts of health hazards are found in the community.

 

CUBA: Drag Queens and Volunteers Promote Safe Sex

Dalia Acosta

HAVANA, Dec 2 2010 (IPS) – Margot Parapar gets plenty of laughs from the audience with this joke: Now the human body is divided into five parts: head, trunk, upper and lower limbs, and condom. Using his female stage name, Cuban drag queen, comedian and health promoter Oliver Alarcón includes HIV/AIDS prevention messages in his shows.
Transvestites and other artists at the Song for Life gala. Credit: Jorge Luis Baños/IPS

Transvestites and other artists at the Song for Life gala. Credit: Jorge Luis Baños/IPS

On-stage, I try to put my message into accessible language, so that it reaches people directly, without vulgarity and for a very mixed audience, because we are all vulnerable, the artist told IPS.

He took part in a gala titled Canto a la vida (Song to Life), in response to the global AIDS epidemic, at the Fausto Theatre in Havana Sunday.

The performance, one of the activities organised ahead of World AIDS Day, celebrated Dec. 1, was an initiative of the National Centre for Sex Education (CENESEX) and other cultural and health organisations working to promote health and respect for sexual diversity.

Tailoring one s language to each specific audience is, according to Alarcón, the key to promoting, through art, the practice of safe sex. The majority of the audience may sometimes be the gay community, or heterosexuals, or the elite. The main thing is to know at whom the message is aimed, he said.

After joining the HSH-Trans (MSM-Trans men who have sex with men and transgender persons) programme at CENESEX a year ago, Margot Parapar s stage appearances never fail to include messages on sexual health, blended with large doses of humour. You have to know all about an issue, even if your aim is to popularise it, Alarcón said about the preparation involved.
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MSM-Trans is a social network of transgender persons (transvestites, transsexuals and drag queens) and men who have sex with men (MSM), in several Cuban provinces, who are trained as health promotes by CENESEX.

On stage, in front of a rainbow flag as a backdrop, Margot states confidently: I know everything: I am a protected oracle.

Behind the scenes, the actor acknowledged the essential nature of doing research to face the global AIDS pandemic and recognise human diversity.

For his part, Leonardo León, garbed as his artistic persona Chantal, said it was important not to oversimplify issues when talking about them.

Our message must be perceived as attractive, up-to-date and close to people s hearts, he said, stressing the need to use these shows that attract mass audiences, with all their diversity, for educational purposes.

Cuba began to adopt measures against the HIV/AIDS epidemic in 1983, although the first case on the island was not diagnosed until 1986. At present official statistics indicate that there are about 13,000 HIV-positive people on the island, which has a total population of 11.2 million, representing a prevalence of 0.1 percent, the lowest in the Caribbean region.

Most heavily affected are men who have sex with men, who make up 72 percent of all diagnosed cases, Rosaida Ochoa, head of the National Centre for Prevention of Sexually Transmitted Infections (STIs) and HIV/AIDS (CNPSIDA), told the press.

As part of their prevention and awareness-raising programmes, both CNPSIDA and CENESEX have trained voluntary health promoters, who carry out active prevention work with their peer groups as well as wider population groups, and also through local media.

The health promoters are a key factor, because as volunteers, they give their efforts and spare time to prevent STIs and HIV/AIDS. Malú Cano Valladares, founder and coordinator of the MSM-Trans programme, told IPS.

They take their health messages to their usual meeting places, as well as to schools, communities and hospitals, she added.

CNPSIDA has trained 1,700 MSM as health promoters, and CENESEX has more than 400 in the MSM-Trans group, focused on STI prevention. At both institutions, other communities with specific goals, such as the right to freedom of sexual orientation, also join in the prevention work.

The two youngest members of the Oremi group of lesbian and bisexual women, for instance, were distributing leaflets and condoms last Sunday in Havana s Paseo del Prado. People sometimes think that lesbians run no risk of contracting the virus, but they do, said Yasmín de Robles, one of the activists.

With Anaylis Noa, her partner of nine years, this young blind woman advised people to stay in a stable relationship as a means of preventing HIV/AIDS. In her view, lesbians are also vulnerable, because of the low perception of risk, when they practise oral sex or use sex toys without protection.

A recently-created group, Hombres por la Diversidad (HxD, Men for Diversity), also linked to CENESEX, carried out its first health promotion activity Tuesday, on the eve of World AIDS Day, and to commemorate the International Day for the Elimination of Violence Against Women, celebrated Nov. 25.

According to Luis Enrique Mederos, a member of the HxD group and of the technical team working with a helpline for persons living with HIV/AIDS in Havana, promoting sexual health and facing AIDS in Cuba requires tighter links between the Education and the Health Ministries, especially in order to reach the teenage population.

In the view of Luis Rondón, another member of HxD and a volunteer with the MSM-Trans programme in Old Havana under the auspices of CNPSIDA, training more health promoters, developing closer relationships of trust, and expanding the social influence exerted by the volunteers are some of the improvements needed for fighting AIDS in this country.

The orientation of sexual desire does not increase a person s risk of contracting STIs or HIV, but unprotected sexual practices and behaviours do, said a sign projected at the Fausto Theatre before the gala performance, echoing the views of institutions like CENESEX and CNPSIDA with regard to respect for sexual diversity.

 

MINING-PERU: Doe Run’s Latest Move

Milagros Salazar

LIMA, Jan 15 2011 (IPS) – The U.S. mining and metallurgical company Doe Run has once again challenged the Peruvian government. The Renco Group, of which it is a subsidiary, notified the government of its plans to start an international arbitration process, invoking the free trade agreement between this South American country and the United States.
The U.S.-based holding company said the arbitration will be filed in 90 days if no agreement is reached. What is behind this ultimatum?

In ads published Jan. 5 in newspapers in Lima, the Renco Group said it was turning to the mechanisms provided for by the trade promotion agreement because it had received unfair treatment at the hands of the Peruvian government and had not been given protection and security as an investor, as required by the treaty.

Doe Run began to run the large multi-metal smelter in the central Peruvian highlands city of La Oroya, known as one of the most polluted places on earth, after the plant was privatised and acquired by the Missouri-based firm in 1997.

When it won the concession to operate the plant, Doe Run promised to complete an environmental improvement programme, known by its acronym PAMA, within 10 years. But the Peruvian state also assumed a commitment to clean the soil in and around the town, because the factory, which was built in 1922 by the Cerro de Pasco Corporation, a U.S. firm, was taken over by the state-run Centromin Peru in 1974.

Doe Run now claims that Activos Mineros, the state-run firm that took over Centromin s responsibilities, has refused to clean up the soil in La Oroya, and has refused to accept responsibility for the legal action brought by the citizens living in and near the town of La Oroya who claim various injuries resulting from alleged lead exposure and environmental contamination from the smelter complex.
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But it is Doe Run that has failed to fully implement PAMA and has continued to pollute in La Oroya, former deputy minister of mines María Chappuis told IPS. This communiqué is as if they were telling the government: we pollute and you clean up.

Chappuis resigned from her post in December 2004 to protest an extension of the PAMA deadline that the government granted to Doe Run.

The former official complained that the company wants the government to pay for any damages that a U.S. court could order for the families of more than 100 children with lead poisoning in La Oroya.

In late 2010, a court in St. Louis, Missouri, where Doe Run s corporate offices are based, ruled that 11 lawsuits filed against the Renco Group and Doe Run by a group of citizens from La Oroya could go ahead in that venue. The plaintiffs are suing over injuries from lead exposure and environmental pollution caused by the smelter.

If the court rules in favour of the plaintiffs, the company will have to pay reparations to the families of the children.

Doe Run committed itself, through PAMA, to reaching a target of 95 percent of children under six in La Oroya with a lead level below 10 micrograms of lead per decilitre of blood (mcg/dl), regarded by the World Health Organisation as the maximum safe limit.

But Peru s Health Ministry found that 99 percent of children under six in La Oroya had lead poisoning.

Doe Run also promised to build three sulphuric acid plants for its lead, zinc and copper processing operations. But the copper circuit plant, the most crucial, has not been completed.

As of mid-2009, Doe Run had failed to fulfil 20 percent of the PAMA programme. And since then, no progress has been made, because the company was temporarily shut down in June 2009 after declaring bankruptcy, despite soaring metals prices.

It then missed the July 2010 deadline set by the government of Alan García for proving that it had the necessary financing to restart operations and complete an environmental cleanup.

The 90 day deadline (that Doe Run gave Peruvian authorities) sounds suspicious, said Chappuis. What it is trying to do is provide enough time for the emergence of someone who yields to its pressure, as happened before, especially now, during an election year. General elections are due in April.

The former official was referring to a letter sent in October 2007 by then prime minister Jorge del Castillo (2006-2008) to then U.S. ambassador to Peru Michael McKinley, asking the State Department to intervene in a lawsuit that had recently been brought in Missouri against Doe Run Resources Corporation.

In the letter, Del Castillo asked the U.S. government to contact the Department of Justice and the St. Louis court, in order to avoid setting a disturbing precedent for investors in both countries, which would undermine legal security.

In response to criticism, the former prime minister said he had sent the message to avoid controversy in the face of the approval of the free trade agreement with the United States, which went into effect in early 2009.

If the international arbitration proceeding goes ahead, the Renco Group would become the first company to turn to the mechanisms for that purpose created by the free trade agreement.

The Peruvian government must not make another mistake, and has to act cautiously, said economist José de Echave of CooperAcción, a Peruvian NGO working for development.

In response to a query by IPS, the Ministry of Energy and Mines said The state will only pronounce itself on this matter through the legal routes.

Activos Mineros, for its part, published an insert in a local magazine, stating that it had planned to invest 35 million dollars in a cleanup plan between 2007 and 2015, and that so far 4.8 million dollars have been spent to carry out a study on soil remediation and urban cleanup actions.

IPS was also informed that Activos Mineros has already calculated how much Doe Run would have to pay Peru for the remediation, because it was reported that the contract establishes that if the company that took over the smelter did not have better environmental performance than Centromin, it would have to assume part of the costs.

If in 2004 the company had not received an extension of the deadline for completing PAMA, the firm would not have invoked the free trade agreement, which did not enter into effect until five years later, de Echave said.

He also questioned claims that a court like ICSID (International Centre for Settlement of Investment Disputes) has environmental sensibility, when its rulings tend to go in favour of investors.

De Echave pointed out that since the start of the negotiations of the free trade agreement, a number of organisations warned that the chapter on investment made too many concessions. And today we re seeing the consequences, he said.

 

Lawsuit Filed Against BP Compensation Czar

Dahr Jamail

TAMPA, Florida, Mar 1 2011 (IPS) – A first-of-its-kind lawsuit alleging gross negligence and fraud has been filed in a Florida state court against Kenneth Feinberg, the administrator of the 20-billion-dollar compensation fund for victims of BP s Gulf oil spill, and the Gulf Coast Claims Facility (GCCF).
Attorney Brian Donovan of the Donovan Law Group from Tampa filed the complaint against Feinberg, his firm Feinberg Rozen, LLP and the GCCF on behalf of Pinellas Marine Salvage, Inc. and John Mavrogiannis.

The complaint alleges, in part, gross negligence, fraud, fraudulent inducement and unjust enrichment on the part of the defendants.

Feinberg and the GCCF have done more damage than the oil spill, Donovan told IPS. My client has relied on what Feinberg said he would do. They ve made promises they didn t keep. John s company was promised money they have not received.

Mavrogiannis told IPS, We re sick and tired of this runaround. I m tired of Feinberg s lies. He s made promises he hasn t kept. He s manipulating the system and that s not right.

Mavrogiannis is far from alone in not having received compensation for the severe losses his business has suffered as a direct result of BP s oil disaster in the Gulf of Mexico that began last April.
It was recently revealed that more than 130,000 compensation claims will be refused by Feinberg, who claims they lack adequate documentation.

State governments of Florida, Alabama, Mississippi and Louisiana are accusing Feinberg of delaying claims and causing great hardship to local businesses, as well as underestimating losses to coastal businesses.

Donovan believes Feinberg is simply doing what he is being paid by BP to do.

He s doing his job, Donovan told IPS, Feinberg is a defence attorney representing BP. To think otherwise is being foolish. As a defence attorney, he s doing a great job for BP. But they are saying go with us, or sue us .

Feinberg s Washington-based firm, Feinberg Rozen, was being paid 850,000 dollars a month by BP to administer the compensation fund and claims process for Gulf residents and fishermen.

A 46-page contract between BP and Feinberg detailing the arrangement was made public on Jan. 7 when it was filed in the U.S. District Court in New Orleans as part of the multi- district spill litigation against BP.

As of Jan. 15, the firm s fee, according to the document, will be mutually agreed to by the parties on a quarterly basis in advance of the first day of each successive calendar quarter. This clause has led many critics to believe that Feinberg could stand to gain from dispensing less of the fund s 20 billion dollars to claimants and tying the amount of its payments to Feinberg s success in limiting BP s liability.

Any funds remaining from the 20 billion would revert to BP under an agreement with the White House. Feinberg has told reporters, My understanding is that if 20 billion dollars is sufficient and there is money left over it is retained by BP.

In late December, Feinberg told Bloomberg Television that he anticipates about half of the fund should be enough to cover claims for economic losses.

Donovan believes lawsuits haven t been filed against Feinberg before now because of politics .

His political connections is all I can think of. I can t think of why more people won t go after Feinberg for this, because it s obvious they should, he said.

The only attorneys involved in the BP oil spill who I know are those trying to sign up victims for class action lawsuits, Donovan added. This is understandable given that Reuters recently reported that fewer than three percent of the approximately 470,000 businesses and individuals who have filed claims with GCCF have lawyers helping them negotiate.

Mavrogiannis feels their complaint is solid, Because Feinberg has lied to us on several occasions. Had he told me from the beginning he was working for BP, I would have filed suit against BP right when this happened. I believed he was impartial with no ties, but he has deceived me, and that s fraud.

If I lose my property, business, and house because I can t make my mortgage payments because Feinberg is late in paying me, who is going to compensate me for this? Mavrogiannis, whose home is close to being forclosed, told IPS. I have to take my IRA s [individual retirement accounts] out to pay my bills. I can only hang in there for another month or two then the banks are going to want their money.

Mavrogiannis lawsuit alleges, in part, The defendants employ a Delay, Deny, Defend strategy against claimants. This strategy, commonly used by unscrupulous insurance companies, is as follows: Delay payment, starve claimant, and then offer the economically and emotionally-stressed claimant a miniscule percent of all damages to which the claimant is entitled. If the financially ruined claimant rejects the settlement offer, he or she may sue.

The amount paid out so far averages nearly 16,000 dollars per claimant. According to the U.S. Department of Health and Human Services, the 2009 poverty threshold for a family of three was 18,310 dollars.

 

ZIMBABWE: Fighting Past Fear to Treat TB

BULAWAYO, Mar 24 2011 (IPS) – In the dusty streets of Bulawayo’s densely populated townships, Susan Nkiwane is making house calls today. She is one of a group of twelve women who form a fragile web of support for TB sufferers in her community.
Waiting for TB treatment. Credit: Gary Hampton/World Lung Foundation

Waiting for TB treatment. Credit: Gary Hampton/World Lung Foundation

The conditions in the Nkulumane neighbourhood where Nkiwane works are ripe for the spread of tuberculosis. The disease thrives in densely-populated areas and enclosed spaces that faciliate airborne transmission.

This is made worse by widespread fear and stigma of TB which is closely associated with AIDS here.

As a home-based caregiver, Nkiwane has witnessed silent suffering in many houses where she sees visibly-ailing people who resist her advice to get tested. It is common for people to hide their sick relatives.

People are still afraid, Nkiwane says. Many still believe getting tested for TB and being found with the disease also means you are living with HIV and AIDS.

TB and HIV
As resource-limited countries rapidly expand their HIV/AIDS treatment and care programmes, TB is now a major public health threat for people living with HIV and the community. Among people living with HIV, TB is the most frequent life-threatening opportunistic disease, even in those receiving antiretrovirals, and it has been shown to be a leading cause of death.
Globally, there were 700,000 TB cases among people living with HIV in 2006. An estimated 230,000 people living with HIV [died] as a result of TB in 2008 – around 630 people every day – despite the fact that TB is curable.
Prevention and treatment of TB in people living with HIV is an urgent priority for both HIV/AIDS and TB programmes. The Three ‘I’s, isoniazid preventive treatment, intensified case finding for active TB, and TB infection control, are key public health strategies to decrease the impact of TB on people living with HIV.
Source: World Health Organisation
The World Health Organisation (WHO) says that because of their weakened immune system, people living with HIV are less able to fight infection and are more likely to develop active TB. In the streets of Bulawayo, this well-known connection is slowing the fight against both diseases.

The two diseases are like evil twins. Co-infection rapidly increases the mortality rate and untreated sufferers of both HIV and TB are the most infectious, posing the greatest risk to those around them.

Both diseases can also be treated successfully but the first step in treatment is testing and diagnosis.

We get some patients who stay home after being told they need to take these TB tests because they have been conditioned to associate TB with HIV and vice versa, said Feluna Nxumalo, a senior nurse at the Bulawayo City Council’s Thorngrove Tuberculosis Clinic.

WHO recommends a three I’s approach to control HIV and TB: Isoniazid Preventive Therapy, Intensified TB screening and Infection Control for TB. The strategy is to screen people living with HIV who show signs of TB for the disease; this will enable them to be put on appropriate treatment both for their own health and to prevent them infecting others.

It is also recommended that all children and adults living with HIV be routinely given isoniazid, a cheap anti-TB drug, as a preventative measure for six to 36 months or longer in a setting with a high prevalence of TB and HIV.

Nkiwane and her colleagues work with the local clinic in Nkulumane, which provides them with latex gloves and face masks to protect the care-givers own health as they make their rounds of the neighbourhood.

We tell members of the family to avoid unnecessary contact with the patient as TB is highly contagious in closed spaces and especially for children, Nkiwane said.

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Others have advised total quarantine of TB patients but this is controversial with both patients and relatives who say it only serves to increase stigma against TB patients. Support and care from family can be an important part of successful treatment.

The Bulawayo municipality health services department has city-wide campaigns to help raise TB awareness and reverse perceptions that hinder control of the disease.

This has included awareness programmes at local clinics where TB patients are educated about how to avoid spreading infection wearing masks and ensuring rooms are as well-ventilated as possible reduces the risk.

 

 

OP-ED: Still no Escape from Killer Chernobyl

Analysis by Peter Custers

LEIDEN, the Netherlands, Apr 25 2011 (IPS) – The accident could have served as a wake-up call to the whole of humanity. Twenty-five years ago, on Apr. 26 1986, disaster struck at the fourth reactor of the Chernobyl nuclear complex in the Ukrainian state of the former Soviet Union.
The accident actually started taking shape in the preceding night, when workers undertook a turbine test that had incompletely been carried out before the nuclear plant became operational. When the test was being carried out, the automatic emergency system was shut down, undermining reactor safety.

 

CHINA: HIV Patients Find Treatment but Face Discrimination

Gordon Ross

BEIJING, May 30 2011 (IPS) – Despite notable successes in the battle against HIV and AIDS in China, discrimination against infected people remains rife here and critics continue to question the Chinese government over allocation of treatment funds.
China has cut AIDS mortality by almost two-thirds since it began distributing antiretroviral drugs nine years ago, according to a study released in May by China s national centre for control and prevention of AIDS.

Roughly 63 percent of AIDS patients who require drugs now receive them, up from virtually none in 2002, resulting in a 64 percent drop in mortality in terms of person-years an estimate of how long someone would have lived without the disease. AIDS mortality dropped to 14.2 per 100 person-years in 2009, down from 39.3 in 2002.

Despite the success story, the Global Fund to Fight AIDS, Tuberculosis and Malaria has frozen hundreds of millions of dollars worth of grants to China over disagreements about how China manages the money, in particular its hostility towards community-based organisations.

About 740,000 people are infected with HIV or AIDS in China, a number that is expected to grow to 1.2 million by 2015, and AIDS continues to be a major killer. The disease claimed 7,743 lives on the mainland in 2010, a 16.79 percent increase from the previous year, making it the country s top killer among infectious diseases for the third year in a row, according to a Ministry of Health report in February.

The rise was attributed to patients infected with HIV in the late 1990s who are now developing full- blown AIDS. Hao Yang, the deputy director of the ministry s disease prevention and control bureau, also noted that many AIDS-related deaths in previous years went unaccounted for.
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Wu Zunyou, an AIDS expert and director of the National Centre for AIDS/STD Control and Prevention, told China News Agency that one of the main reasons for the increase in deaths was the large number of patients who refuse testing for fear of stigmatisation, leaving treatment until it is too late. He said that among the cases of AIDS-related deaths in the last five years, 80 percent had refused treatment.

It s common to see misunderstanding and discrimination against AIDS patients, Wan Yanhai, China s most outspoken AIDS activists who left China for the United States Last year, tells IPS on email.

AIDS patients seeking surgical treatment for other diseases are often refused, and sent to hospitals that treat only HIV/AIDS patients, which often lack proper surgical facilities, Xinhua News Agency reported this month.

Stigmatisation is fuelled by misinformation, Wan says, pointing to a survey conducted by the Chinese Journal of Health Education, which found that 51 percent of respondents said they would not shake hands with HIV carriers and 80 percent would not buy products from infected people.

A study conducted this March by the United Nations Joint Programme on HIV/AIDS, the Global Business Coalition on HIV/AIDS, Tuberculosis and Malaria, and Renmin University found that 49 percent of 6,000 respondents in six Chinese cities believed AIDS was transmitted through mosquito bites.

Over 18 percent said they could be infected if they shared a bathroom with an AIDS patient, and another 18.3 percent thought they might be infected if an AIDS patient coughed or sneezed near them.

Meanwhile, HIV/AIDS patients continue to face hardship.

Liu Cuiqin, a 32-year-old AIDS patient in Fuyang city, Anhui province, was diagnosed nine years ago when she delivered her baby. After she tested positive for HIV, which she picked up through a blood transfusion, her husband abandoned her, and her parents severed ties, she tells IPS.

Tian Xi, a 24-year-old from Zhumadian city, Henan province, received blood transfusion in March 1996. In 2004, he was diagnosed with AIDS, hepatitis B and hepatitis C. He filed a lawsuit against the hospital in which he was infected, but local courts refused to hear the suit.

Tian is currently serving one year in prison for intentional destruction of property. He damaged some office property in the hospital where he was infected after the hospital s president refused to speak with him, according to Tian s father.

Chinese law forbids discrimination against HIV/AIDS patients and ensures them the right to proper treatment. The government began addressing the issue seriously after an outbreak in the early 1990s, when contaminated blood was injected into tens of thousands of poor farmers.

In February, the State Council issued a notice requiring all relevant government departments to safeguard the rights of AIDS patients. The notice also asked government departments to strengthen medical services for AIDS patients, help alleviate economic burdens on patients and families, increase the production of medicine, and offer tax subsidies on drugs.

But the government has largely shunned grassroots groups in the fight to control AIDS, denying them funds it had promised under the Global Fund agreement. China has received 539 million dollars from the Global Fund since 2003, with an additional 295 million dollars in the pipeline.

Audits last year found that China had failed to give an agreed 35 percent of a 283 million dollar AIDS grant to community-based organisations. This prompted the Global Fund to freeze the money.

I think the Ministry of Health was fooling the Global Fund, Wan says.

 

U.S.: A Lifesaver That Fits in Your Pocket

PORTLAND, Oregon, Jul 18 2011 – How much good can a small red pouch, zip tie and sheet of paper do for someone living on the streets? Turns out, a lot.
The Vial of Life contains medical information that can help homeless people in case of emergency. Credit: Courtesy of the Downtown Chapel

The Vial of Life contains medical information that can help homeless people in case of emergency. Credit: Courtesy of the Downtown Chapel

Downtown Chapel is pioneering an innovative, potentially life-saving programme for medically vulnerable people experiencing homelessness called the Vial of Life programme. It s actually an adaptation of a nationally established programme used by people who have homes, applied now to those who do not.

Homeless participants can fill out a one-page sheet listing medical illnesses, prescriptions, emergency contacts, allergies and blood type, stuff it into a red plastic pouch no bigger than an index card, and attach it to their backpack. The vial provides an easily identifiable, relatively reliable record to emergency personnel, and Downtown Chapel keeps a copy in case the original is lost.

Since June, around 40 homeless individuals have participated in the Vial of Life programme at Downtown Chapel, meeting one-on-one for a few minutes with volunteer nursing students from the University of Portland who help them fill out medical information and even call pharmacies if there are questions about prescriptions.

Reviews by participants have been over the moon , says Andrew Noethe, pastoral associate at Downtown Chapel who is overseeing the implementation of the Vial of Life programme in collaboration with parish nurse Sharon Christenson.
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Participant Michelle says she recommends it to other friends on the street who have seizures or diabetes and thinks there should be a lot more awareness about the Vial of Life programme.

So far, people seem eager to sign up for the programme. When you re vulnerable and sick, you know it, says Michelle.

Diabetes, seizures and cognitive disabilities are at the top of the list of health issues that the Vial of Life programme hopes to track. The health record may be largely self-reported, but the volunteer nursing students at Downtown Chapel help ask the right questions in a safe place, says Noethe.

Sometimes a participant will just open their bag and show a nurse all the pills they ve been taking, and that s helpful if EMTs pick that person up, he says.

Piloted with Northwest Parish Nurse Ministries and Providence Health Systems, the Vial of Life programme is an enormous boon for homeless health care in Portland.

People who are homeless are often mobile, without health insurance, especially vulnerable to injuries and illness, and prime candidates for reduced recollection, often the result of past trauma or head injuries.

Emergency personnel, including EMTs, police and Central City Concern s CHIERS staff, are frequently forced to rely on guesswork when it comes to helping sick people on the streets.

For instance, last year more than 8,400 inebriated people were picked up off the streets and taken to Hooper Sobering Center on NE Burnside and MLK. One of the first questions asked is, do you have any medical conditions,’ says manager Steve Mattsson. But he admits that the homeless folks who come in are notoriously poor historians of medical history. Plus, alcohol can mask many serious medical issues.

I meet first responders who wonder, did I make the right choice?’ says Noethe, who hopes the Vial of Life programme will change that.

The bottom line is we need to make sure those in need however that is defined get the right help in an emergency, says Jean Marks with Providence Health Service s Public Relations office.

Emergency responders seem to be excited about this programme because it makes their job easier. They don t have to guess about their patients allergies and prescriptions, says Marks. It serves the poor and vulnerable, but it also helps everyone do a better job.

Bruce Strade, executive director of Northwest Parish Nurse Ministries, says they are just getting a feel for how successful the programme is, but thinks adapting the programme for other agencies is not out of our reach .

Downtown Chapel s idea for the Vial of Life programme originated from Northwest Parish Nurse Ministries and Providence Health Systems Vial of L.I.F.E. (Lifesaving Information for Emergencies) programme a traditional method of storing medical information of isolated elders in readily identifiable pill bottles in refrigerators.

Early this year, parish nurse Sharon Christenson asked, why not do this in the homeless community? and approached Noethe with the idea of implementing the Vial of Life programme at Downtown Chapel. Noethe says he immediately took to the idea, remembering times when homeless guests passed out mysteriously in Downtown Chapel s lobby.

He is especially hopeful that the programme will help guests with trauma history, including traumatic brain injuries, who cannot recall medical history.

They don t always keep everything in mind, says Michelle, who is borderline diabetic combined with other medical issues. And if (medics) don t know about it, that s a problem.

Noethe agrees. It is essential that first responders, especially in Old Town, are able to identify the Vial of Life pouches and make use of them, says Noethe.

His plan forward is to replicate the Vial of Life programme among other Portland service agencies. Noethe has even created a manual for other organisations to implement and evaluate the programme.

I have no doubt this is going to benefit someone, says Noethe. With Vial of Life, we re not doing case work where we follow people over time, and we won t always get to see the outcomes.

But I know this will improve lives.

*Published under an agreement with .