October, 08 2009, 09:15am EDT
Amnesty International Says Displaced in Sri Lanka Trapped Between Military and Monsoon
Amnesty Urges the Inclusion of Detainees in Talks of Resettlement
WASHINGTON
A quarter of a million Sri Lankans being held in de facto detention camps are facing a humanitarian disaster as monsoon rains threaten to flood camps, said Amnesty International today.
For months, the Sri Lankan government authorities have failed to deliver basic services to camps set up in the Vavuniya District in the north-east that were created following conflict in the area.
These camps remain overcrowded and lack basic sanitation facilities. As a result, during heavy rains in September, rivers of water cascaded through tents and forced camp residents to wade through overflowing sewage.
"People living in these camps are desperate to leave," said Amnesty International's Sri Lanka expert, Yolanda Foster, who is in contact with relatives of some camp residents. "The government must ensure that the displaced are treated with dignity."
A recent escapee from Chettikulam camp reported to Amnesty International that some women had been forced to give birth in front of strangers without privacy.
"Medical staff are only available in the camps 9 to 5," the escapee said. "People start waiting in line for medical assistance from early morning...how can you expect a lady who is pregnant to stand in a line for hours? If the war has ended, why doesn't the government let these people out?"
"The provision of protection, assistance and return is not an act of charity but a basic right," said Foster. "They have a right to protection and must be consulted on whether they wish to return to their homes or resettle."
Since the war ended in May 2009, thousands of people detained in camps have been subjected to 'screening' processes by the security forces.
While screenings are used to ensure that detainees are not members of the Liberation Tigers of Tamil Eelam (LTTE), the processes should follow proper procedures and not be used as an excuse for collective punishment.
Approximately 10,000 detainees that have been determined ex-LTTE combatants are held in separate detention facilities.
Amnesty has previously raised concerns about the lack of independent monitoring and lack of accountability for these screening processes.
Despite the government's widely publicized accounts of detainee releases, Amnesty has received reports that many were merely transferred to other camps in the area where they may be subjected to rescreening by local authorities.
Amnesty has also received reports that the military is blocking release attempts by the civilian administration.
The Sri Lankan government must involve the displaced themselves in plans for return or resettlement. Authorities must also facilitate the assistance of independent humanitarian organizations in this regard, in order to effectively deal with the humanitarian disaster the camps are facing.
"Freedom of movement is now critical," said Foster. "The international community and the government of Sri Lanka can no longer ignore the voices of camp detainees to be allowed to leave."
Background
According to government figures, the fighting between the Sri Lankan army and the Liberation Tigers of Tamil Eelam (LTTE) displaced over 409,000 people. At least 280,000 were displaced from areas previously under LTTE control. Since March 2009, there has been a dramatic influx of people fleeing the fighting and crossing into government controlled areas.
The displaced people, including at least 50,000 children, are being accommodated in 41 camps spread over four districts. The majority of the displaced are in Vavuniya District where Manik Farm is the biggest camp.
When United Nations Secretary General Ban Ki-moon visited some of the camps in May, he said: "I have travelled around the world and visited similar places, but this is by far the most appalling scene I have seen."
While some progress had been made on providing basic needs, much still needs to be done on the right to health, food, water, family reunion and access to relatives.
Amnesty International has also called on the government of Sri Lanka to end restrictions on liberty and freedom of movement; ensure that camps are of a truly civilian nature and administered by civilian authorities, rather than under military supervisions; and give immediate and full access to national and international organizations and observers, including aid agencies, in order to monitor the situation and provide a safeguard against human rights violations.
Amnesty International is a global movement of millions of people demanding human rights for all people - no matter who they are or where they are. We are the world's largest grassroots human rights organization.
(212) 807-8400LATEST NEWS
'Appalling': Biden Administration Declines to Force Big Pharma to Cut Price of Prostate Cancer Drug
"This decision effectively rubber-stamps continued Big Pharma abuse," said one Democratic lawmaker.
Mar 21, 2023
Patient advocates on Tuesday blasted the Biden administration's refusal to compel the manufacturer of a lifesaving prostate cancer drug developed completely with public funds to lower its nearly $190,000 annual price tag.
In 2021, prostate cancer patient Eric Sawyer petitioned U.S. Health and Human Services (HHS) Secretary Xavier Becerra to grant march-in rights—under which the government can grant patent licenses to companies other than a drug's manufacturer—for enzalutamide, which is sold under the brand name Xtandi by Pfizer and Japanese pharmaceutical giant Astellas.
The drug's development was 100% taxpayer-funded. Yet a one-year supply of Xtandi currently costs $189,800 in the United States, or up to five times more than its price in other countries.
HHS' National Institutes of Health (NIH) said Tuesday that it "does not believe that use of the march-in authority would be an effective means of lowering the price of the drug."
"What the Biden administration is saying is that charging U.S. residents three to six times more than any other high-income country is reasonable."
The agency added that it "will pursue a whole-of-government approach informed by public input to ensure the use of march-in authority is consistent with the policy and objective of the Bayh-Dole Act," a reference to legislation meant to promote the commercialization and public availability of government-funded inventions.
James Love, director of the Washington, D.C.-based advocacy group Knowledge Ecology International, called the administration's rejection "appalling."
"What the Biden administration is saying is that charging U.S. residents three to six times more than any other high-income country is reasonable," he wrote.
U.S. Senate Health, Education, Labor, and Pensions Committee Chair Bernie Sanders (I-Vt.) said in a statement that he is "extremely disappointed that the Biden administration denied a petition by prostate cancer patients to substantially reduce the price of Xtandi."
"This is a drug that was invented with taxpayer dollars by scientists at UCLA and can be purchased in Canada for one-fifth the U.S. price," Sanders added. "The Japanese drugmaker Astellas, which made $1 billion in profits in 2021, has raised the price of this drug by more than 75%... How many prostate cancer patients will die because they cannot afford this unacceptable price?"
Rep. Lloyd Doggett (D-Texas), the ranking member of the House Ways and Means Health Subcommittee, said in a statement:
Today's decision is a blow to prostate cancer patients, their families, and taxpayers. Developed with U.S. taxpayer research dollars, Xtandi costs American patients $180,000 a year—as much as six times as much as patients in other countries. This excessive price gouging cost taxpayers $2 billion to cover Medicare beneficiaries' treatment in 2020 alone. The Biden administration has missed yet another opportunity to do something meaningful to lower prescription drug costs and protect taxpayer investments.
The administration's position "protects monopolists over taxpayers and patients, despite clear statutory authority and reasonableness to intervene," Doggett added. "This decision effectively rubber-stamps continued Big Pharma abuse."
In a move that Public Citizen president Robert Weissman called "pathetic," HHS and the Department of Commerce announced Tuesday that they would "pursue a whole-of-government approach to review... march-in authority as laid out in the Bayh-Dole Act" by forming an interagency working group.
The group "will develop a framework for implementation of the march-in provision that clearly articulates guiding criteria and processes for making determinations where different factors, including price, may be a consideration in agencies' assessments."
In a statement, Becerra said that the administration is "committed to increasing access to healthcare and lowering costs."
"March-in authority is a powerful tool designed to ensure that the benefits of the American taxpayers' investment in research and development are reasonably accessible to the public," he added. "We look forward to updates from the Bayh-Dole Interagency Working Group, and at my direction, HHS will review the findings, engage the public, and better define how HHS could effectively utilize our authority moving forward."
Keep ReadingShow Less
Senate Dems Urge Treasury Chief to Crack Down on Rich Tax Dodgers
"The Treasury Department can and should exercise the full extent of its regulatory authority to limit this blatant abuse of our tax system by the ultrawealthy."
Mar 21, 2023
Four U.S senators this week called on Treasury Secretary Janet Yellen to use her existing authority to go after American billionaires and multimillionaires who "use trusts to shift wealth to their heirs tax-free, dodging federal estate and gift taxes."
"They are doing this in the open: Their wealth managers are bragging about how their tax dodging tricks will be more effective in the current economy," stressed Sens. Elizabeth Warren (D-Mass.), Chris Van Hollen (D-Md.), Bernie Sanders (I-Vt.), and Sheldon Whitehouse (D-R.I.).
"While we look forward to continuing to partner with you on legislative solutions," the senators wrote to Yellen, "the Treasury Department can and should exercise the full extent of its regulatory authority to limit this blatant abuse of our tax system by the ultrawealthy."
Their letter to the Treasury leader, dated Monday and first reported by CBS MoneyWatch Tuesday, highlights that "only the wealthiest American families" are asked to pay transfer taxes such as the estate tax, gift tax, and generation-skipping transfer (GST) tax.
As the letter lays out:
Tax avoidance through grantor trusts starts with the ultrawealthy putting assets into a trust with the intention of transferring them to heirs. Grantor trusts are trusts where the grantor retains control over the assets, and the structures of some of these grantor trusts allow the transfer of massive sums tax-free. Tax planning via grantor trusts, including grantor retained annuity trusts (GRATs), is a kind of shell game, with a wealthy person and their wealth managers able to pass assets back and forth in ways that effectively pass wealth to heirs while minimizing tax liability.
Some of the wealthiest families further compound this tax avoidance with perpetual dynasty trusts, which can be used to shield assets from transfer tax liability indefinitely. For example, aggressive valuation discounts can artificially reduce the value of assets transferred into a trust below the GST tax exemption threshold, after which the assets can grow in perpetuity within a trust exempt from transfer tax.
"The ultrawealthy at the top of the socioeconomic ladder live by different rules than the rest of America, especially when it comes to our tax system," the letter charges. "As the richest Americans celebrate and take advantage of these favorable tax opportunities, middle-class families struggle with inflation and Republicans threaten austerity measures and the end of Social Security and Medicare."
To help force the richest Americans to "pay their fair share" in taxes, the senators are calling on Treasury to revoke a pair of tax code rulings from the Internal Revenue Service (IRS); require GRATs to have a minimum remainder value; reissue family limited partnership regulations; clarify that intentionally defective grantor trusts (IDGTs) are not entitled to stepped-up basis; and put out clarifying regulations on certain valuation rules for estate and gift taxes.
The senators also sent a series of questions—about potential administrative action, how much is estimated to be held in grantor trusts, and how much could be raised from cracking down on abuse—and requested a response from Treasury by April 3.
Their letter comes after President Joe Biden earlier this month introduced a budget blueprint for fiscal year 2024 that would hike taxes on the rich—proposed policies praised by progressive experts and advocates as "fair, popular, and long overdue."
Yellen last week appeared before the Senate Finance Committee—of which Warren and Whitehouse are members—to testify about the administration's proposal. She said in part that "our proposed budget builds on our economic progress by making smart, fiscally responsible investments. These investments would be more than fully paid for by requiring corporations and the wealthiest to pay their fair share."
Keep ReadingShow Less
Biden DOL Praised for Historic Suit Over Using Debt Threat to Stop Workers From Quitting
The department's "action against predatory stay-or-pay contracts sends a monumental message to employers: Obey the law or face repercussions," said the head of Towards Justice.
Mar 21, 2023
Workers' rights advocates are applauding the Biden administration this week for filing a historic lawsuit against a Brooklyn-based healthcare staffing agency for coercive contracts that allegedly violate federal labor law.
Biden's Department of Labor (DOL) says in a complaint filed against Advanced Care Staffing (ACS) and CEO Sam Klein in the U.S. District Court for the Eastern District of New York that "in flagrant disregard" of the Fair Labor Standards Act (FLSA), the company "has entered into contracts purporting to require employees to complete at least three years of full-time work for ACS in order to retain their wages."
"The contracts warn employees that if they leave ACS's employ before three years' time, they will face ACS and its lawyers in an arbitration behind closed doors, where ACS will demand that employees kick back much of their hard-earned wages—including wages to which they are entitled under federal law," the complaint continues.
"Under this scheme, the pay that ACS promises its employees may be converted into nothing more than a loan that employees must repay with interest and fees, leaving some employees with no compensation at all, much less the wages required by the FLSA," the document adds. "The FLSA prohibits an employer from holding employees' wages hostage, allowing employees to keep their wages free and clear only if employees remain in the service of their employer."
The DOL, led by acting Secretary Julie Su, aims not only to end this "unlawful conduct" but also "to recover unpaid wages and liquidated damages due to the former employees from whom ACS has already initiated arbitrations, and to restrain defendants from withholding unpaid wages from their former employees."
Solicitor of Labor Seema Nanda reiterated in a statement Monday that "federal law forbids employers from clawing back wages earned by employees, for employers' own benefit."
"Employers cannot use workers as insurance policies to unconditionally guarantee future profit streams. Nor can employers use arbitration agreements to shield unlawful practices," Nanda said. "The Department of Labor will do everything in its power to make sure employees are being paid their hard-earned wages, and to safeguard them from these types of exploitative practices."
Bloomberg last September reported on Benzor Shem Vidal, a nurse who immigrated to the U.S. from the Philippines and took legal action against ACS for forcing him to work in "brutal and dangerous conditions," including simultaneously caring for 40 patients.
As Bloomberg detailed:
Under Vidal's contract, Advanced Care Staffing could sue him in arbitration for damages if he quit within three years of starting work—and make him pay the legal costs, according to the complaint in federal court in Brooklyn. The conditions were so onerous that they violate human trafficking laws meant to protect people from being exploited for labor, Vidal said.
"Mr. Vidal believed it was impossible for him to provide adequate care to patients but was also terrified to resign," his lawyers wrote. "He knew that his contract with Advanced Care Staffing purported to allow the company to pursue legal action against him, with potentially ruinous financial consequences, if he decided to terminate his employment."
Advanced Care Staffing did not immediately respond to an inquiry. The company has placed thousands of employees at facilities in New York and surrounding states, according to its website.
The DOL complaint lays out his experience over several pages and concludes that "defendants have a policy and practice of entering into contracts with employees with identical or substantially similar contract provisions to the 2022 contract with Vidal."
Celebrating the new case against ACS, Towards Justice executive director David Seligman declared Tuesday that "DOL's action against predatory stay-or-pay contracts sends a monumental message to employers: Obey the law or face repercussions."
"A fundamental premise of our labor laws is that employers pay workers, and not the other way around," said Seligman. "This lawsuit builds on a multiagency effort from the Biden administration to curb coercive contracts that rob workers of bargaining power. We look forward to what's next."
As Seligman noted in a series of tweets, other actions include the Consumer Financial Protection Bureau (CFPB) last June launching an inquiry into practices and products that may leave workers indebted to their employers, and the Federal Trade Commission (FTC) in January proposing a ban on noncompete clauses.
After noting that the DOL is taking on the ACS case as a minimum wage fight, Seligman said another important aspect is the department's allegation that the company's "arbitration requirements violate federal law too, not just because the employer is attempting to shield unlawful practices but also because the arbitration requirement itself shifts costs onto workers."
The DOL complaint states that ACS's arbitration and contract demands "have an impermissible chilling effect on their employees' ability to effectively vindicate their federal statutory rights, including the protection to be free from an unsafe or hazardous workplace, and to obtain unpaid wages due."
Student Borrower Protection Center senior policy adviser Chris Hicks on Tuesday stressed that such problems stretch far beyond one company, saying that "whether it's training repayment agreement provisions (TRAPs) or stay-or-pay contracts, employers are using debt as a tool of coercion to force workers to stay in low-paying, unsafe jobs."
Hicks also highlighted that "the Biden administration has been strengthening its whole-of-government approach to ensure workers are able to fully and freely exercise their rights—including their right to depart without the looming threat of debt."
Keep ReadingShow Less
Most Popular
SUPPORT OUR WORK.
We are independent, non-profit, advertising-free and 100%
reader supported.
reader supported.