Thursday, May 31, 2012

Anti-discrimination measures add protections

The U.S. Agency for International Development (USAID) has developed a policy document in response to protests by CMA and other faith-based groups that federal AIDS grants requirements were disqualifying faith-based groups on the basis of conscience objections, despite anti-discrimination provisions in federal law. The President's Emergency Program For AIDS Relief (PEPFAR) legislation (the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act of 2008) provides for conscience protections.

Catholic groups were being particularly penalized by requirements related to contraceptives, even though Catholic ministries provide other valuable and extensive services to AIDS patients around the world and offer the type of trusted network that is critical for patient education and behavior change.

As a result of meetings with faith-based organization representatives and administration officials, the following Acquisition & Assistance Policy Directive (AAPD), including a Conscience Clause Implementation, was developed at USAID to comply with the law. Here's a summary from the document of what it includes:
A. Provides contract clauses and assistance provisions to be included in contracts, grants and cooperative agreements that obligate or intend to obligate (in the case of solicitations) FY04-FY13 funds made available for HIV/AIDS activities, regardless of the program account, including:
  1. Conscience Clause Implementation (previously titled ―Organizations Eligible for Assistance);
  2. Condoms; and
  3. Prohibitions on Promotion or Advocacy of the Legalization or Practice of Prostitution or Sex Trafficking.
B. Replaces all previous versions of the contract clause and assistance provision titled ―Organizations Eligible for Assistance with the revised versions in Attachments A through C, titled ―Conscience Clause Implementation‖;

C. Provides guidance to Contracting Officers (COs) and Agreement Officers (AOs) regarding what actions to take if an organization raises a Conscience Clause objection.

CMA VP for Govt. Relations Jonathan Imbody "Some months ago, I joined a few faith-based organization representatives to meet with President Obama's AIDS ambassador, Dr. Eric Goosby, who heads up the Office of the Global AIDS Coordinator and the President's Emergency Program for AIDS Relief (PEPFAR), originally an initiative of the Bush administration. The meeting was both friendly and candid. I raised the issue of discrimination on the basis of faith and conscience, and my colleagues in the meeting corroborated the concern. As a result of that meeting and others, administration officials developed the above policy to address problems.

"Meanwhile, other faith-based groups, along with sympathetic lawmakers, also worked hard behind the scenes in Washington to make sure the administration doesn't base grants for international aid on its political agenda, notably related to LGBT issues. President Obama recently issued a Presidential Memorandum directing that U.S. 'agencies engaged abroad should strengthen the work they have begun and initiate additional efforts in these multilateral fora and organizations to: counter discrimination on the basis of LGBT status; broaden the number of countries willing to support and defend LGBT issues in the multilateral arena; strengthen the role of civil society advocates on behalf of LGBT issues within and through multilateral fora; and strengthen the policies and programming of multilateral institutions on LGBT issues.'

"Earlier this month, staff of Representative Kay Granger, Chairwoman of the Appropriations Subcommittee on State and Foreign Operations, and Ranking Member Representative Nita Lowey were able to come to agreement on the following language to be added to pending legislation (Manager's Amendment):
"Faith-Based organizations. - - The Committee notes the important role that faith-based organizations (FBOs) play in the delivery of foreign assistance and expects USAID to ensure compliance with existing Federal laws protecting the rights of FBOs, including rights related to employment practices, from discrimination in competing for and administering projects funded with United States foreign assistance.
"Much credit for the LGBT-related conscience protection effort goes to the staff of Representative Trent Franks, notably Stephanie Hammond."

Read the full USAID document
Read a Catholic News Service story

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