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Alisa Simmons (202) 454-5111
Lori Wallach (202) 454-5107
Familiarity with kabuki theatre may be useful in interpreting the outcomes of the high-level Trans-Pacific Partnership (TPP) meeting that starts Feb. 22 in Singapore as U.S. officials push for an announcement of a "deal" with the hope of reviving the administration's quest for Fast Track trade authority and setting the stage for President Barack Obama's April 2014 Asia trip, Public Citizen said today.
Familiarity with kabuki theatre may be useful in interpreting the outcomes of the high-level Trans-Pacific Partnership (TPP) meeting that starts Feb. 22 in Singapore as U.S. officials push for an announcement of a "deal" with the hope of reviving the administration's quest for Fast Track trade authority and setting the stage for President Barack Obama's April 2014 Asia trip, Public Citizen said today.
"There is a sense that whether or not any real deal is finalized, there may be an announcement of one, if only to portray the talks as not unraveling despite growing opposition to the TPP in some of the countries involved," said Lori Wallach, director of Public Citizen's Global Trade Watch. "An announcement also could be a ploy to try to pressure Congress on trade authority and maximize President Obama's leverage when he visits Japan."
A bilateral U.S-Japan ministerial meeting last weekend failed to break a deadlock on sensitive agricultural and auto market access issues. Other TPP nations are loath to consider tradeoffs relating to U.S. demands on medicine patents, copyright, state-owned enterprises, financial regulation and other issues on which they face considerable domestic political liability without knowing what market access gains they may achieve in return. A TPP ministerial slated for January was postponed because of the market access deadlock.
"People who follow the TPP closely are baffled about why this meeting is happening," said Wallach. "Either it is an attempt to improve the optics surrounding the beleaguered talks by announcing some deal, whether or not one is done, or they are afraid that already having postponed this ministers' meeting once, canceling it would signal that the talks were unraveling."
Deal vs. kabuki checklist: To actually have a TPP deal, these issues must be resolved:
Disciplines Against Currency Manipulation
A TPP without binding currency provisions could be dead on arrival in Congress. The other TPP nations know this but still oppose such terms. While 230 members of the U.S. House of Representatives and 60 U.S. senators have written to Obama demanding currency manipulation disciplines in the TPP, U.S. negotiators haven't initiated negotiations on this, much less secured terms. Among others, U.S. Sen. Lindsey Graham (R-S.C.), a prominent supporter of past pacts, announced he would oppose the TPP if it does not include enforceable currency disciplines.
Enforceable Labor and Environmental Standards
As a January text leak revealed, all other TPP nations oppose many TPP Environment Chapter terms that the United States demands. This includes obligations that, if nations fail to enforce certain environmental agreements that they have signed, they will face TPP enforcement and trade sanctions. Other U.S. bottom lines that face unified opposition are a ban on trade in illegally harvested timber and endangered species, with violations subject to trade sanctions, and enforceable disciplines on fisheries subsidies. Among the TPP countries are those that have led unwavering opposition to disciplines on fishery subsidies, including in the context of the World Trade Organization. More broadly, the other countries have to date rejected the U.S. demand that both the environment and labor chapters be enforceable and subject to the same dispute resolution system as other TPP chapters. These are terms that Congress forced President George W. Bush to include in his pacts. If the Obama administration rolls back the labor and environmental terms included in Bush-signed agreements, it will lose almost all Democratic congressional support for the TPP. In addition, if the labor standards were enforceable, it remains unresolved how the TPP could include Vietnam, one of four countries cited by the Department of Labor for using both child and forced labor in apparel production.
State-Owned Enterprises
After years of deadlock during which countries could not even agree on a text from which to negotiate, substantive talks are now under way. However, to complete a deal, either the United States will have to roll back its demands, which would be extremely unpopular in Congress, or a bloc of TPP countries with numerous state-owned enterprises could have to make major concessions.
Intellectual Property Chapter Patent and "Transparency" Text on Medicine Pricing Rules
Most other TPP countries continue to oppose U.S. proposals to expand the scope of patentability, including terms that would promote evergreening, subject surgical procedures to monopoly patents and extend data exclusivity terms that would deliver on Big Pharma's demands for monopoly powers that raise medicine prices. The powerful American pharmaceutical industry has declared that it will oppose the TPP if the pact reverses extreme provisions in past U.S. Free Trade Agreements (FTAs). A sizeable bloc in Congress has stated that it will oppose the TPP if such terms are included. Another contested issue is the U.S. proposal for a cynically dubbed "Annex on Transparency and Procedural Fairness for Healthcare Technologies" that would allow drug firms to challenge medicine formulary reimbursement and pricing decisions. The target ostensibly was the national health care systems in New Zealand, Australia and other TPP nations that use formulary lists to reduce health care costs. Grassroots and legislator opposition to the U.S. proposal is virulent, making concessions on this issue politically perilous. Big Pharma insists that these terms must extend beyond those contained in the U.S.-Australia FTA. Meanwhile, an increasing number of U.S. state officials and Democratic congressional supporters of the Affordable Care Act also oppose those terms, which could undermine enhanced use of formularies to reduce U.S. health care costs.
Copyright Extensions
Hollywood- and recording industry-inspired proposals that would greatly extend copyright durations, limit innovation, restrict access to educational materials and force Internet providers to act as "copyright police" by cutting off people's Internet access (think of the SOPA/PIPA debacle) have triggered public outrage in numerous TPP countries, leading to a negotiation stalemate. The United States has continued to demand that the TPP be used to require countries to adopt domestic copyright terms beyond international norms and aggressive copyright and enforcement provisions that would limit the public domain and Internet freedoms. A bloc of countries remains solidly opposed to various elements of these demands. There also is entrenched disagreement about whether copyright should be able to keep works of art and literature out of the public domain for 70 years after death of the author. No resolution is in sight.
Financial Regulation and Capital Controls
With the International Monetary Fund endorsing the use of capital controls to avoid floods of speculative capital that cause financial crises, it's no surprise that there is united opposition among other TPP countries to a U.S. demand that the TPP include a ban on the use of various commonsense, macro-prudential measures, including capital controls and financial transactions taxes. While the United States has objected to an exception allowing the use of such measures, other TPP nations have stated they will not agree to a TPP that prohibits the use of such measures.
Investor-State Dispute Settlement (ISDS)
Australia has maintained an exception to being submitted to ISDS, which elevates individual corporations to equal status with sovereign nations and allows them to enforce a public treaty by "suing" national governments for compensation before international tribunals comprised of private-sector attorneys over claims that government actions undermine their expected future profits. The National Conference of State Legislatures, the body representing the 50 U.S. state legislative bodies, has adopted a policy of opposing any trade agreement with investor-state enforcement. The United States is demanding all countries submit to this system. Even those TPP nations that have agreed to investor-state enforcement oppose the U.S. demand that government natural resource concessions, private-public-partnership utility management contracts and procurement contracts be subject to such extra-judicial processes. The other countries also oppose a U.S. demand that the investor-state terms apply "pre-establishment" - creating a right to investment, including acquisition of land. The United States has consistently opposed an exception supported by most other TPP nations that would safeguard domestic environmental, health and other policies from the TPP tribunals.
Mechanism for the TPP to Go into Effect
Agreement on the legal mechanisms required for implementing the TPP has proven extremely elusive. A standard provision in the implementing legislation of past U.S. trade agreements requires that, after the U.S. Congress ratifies the pact, the president withhold formal written notification of that approval from partner countries until the president certifies that the partner countries have altered their own laws and policies to comply with the trade deal. That is to say, even after both the United States and its trade partners have ratified an agreement, it takes effect only after the United States unilaterally certifies that its partners have changed domestic laws according to U.S. demands. TPP nations argue the certification process gives the U.S. government and corporations enormous leverage to force them to conform to American interpretation of trade agreement terms - some of which are often deliberately vague, opaque and contentious. This process also often delays implementation of agreements.
Sensitive Market Access Issues
Agriculture: Japan's parliament has listed five "sacred" commodities that must be excluded from TPP tariff-zeroing: rice, beef/pork, wheat, sugar and dairy. The United States, Australia and other TPP nations have rejected these exclusions. Australia wants U.S. access for its sugar exports, a demand that the United States rejected in its bilateral FTA with Australia. The United States has declared it will not negotiate new market access with countries with which it already has FTAs - in no small part to avoid the wrath of the politically powerful U.S. sugar industry, which has strong support among Democrats and Republicans in Congress. New Zealand's main TPP demand is increased access to American and Canadian markets for its massive dairy export industry. But with dairy farmers in many U.S. congressional districts, a large bloc of Democrats and Republicans strongly oppose this demand. Yet, despite its refusal to negotiate market access with its current FTA partners, the United States has demanded access for dairy products in Canadian markets - a condition it couldn't secure in the 1993 North American Free Trade Agreement (NAFTA) and that Canada has also rejected for the TPP.
Autos: The U.S. Congress insists that Japan be subject to a special bilateral agreement providing certain additional concessions relating to auto trade, insurance and access for U.S. beef. While the Abe administration agreed to this demand, the bilateral pact - a U.S. condition for Japan being included in a final TPP deal - has not been finalized, with negotiations on auto trade issues especially mired.
Government Procurement: The United States wants national government contracts above a set threshold be made available to firms from all TPP countries on equal terms. But many Democratic and GOP members of Congress oppose any waiver of Buy American preferences, which would be required to implement this rule. The U.S. demand has also raised broad opposition in Malaysia, where its "bumiputera policy" - which guarantees a portion of government procurement contracts go to ethnic Malays - is key to preventing a recurrence of violent attacks against the country's ethnic Chinese population, which dominates its business sector. Other TPP nations want the United States to guarantee that their firms will get the same access to the 50 U.S. states' procurement activities as they would provide to U.S. firms, which U.S. negotiators have refused.
Apparel and Shoes: Vietnam has insisted on duty-free access for its clothing made with inputs from China and other non-TPP nations, and the elimination of U.S. tariffs on footwear. The "rule of origin" Vietnam requests would reverse a long-standing "yarn forward" rule included in past U.S. pacts to support U.S. jobs. If honored, Vietnam's demand would increase the uncertainty that Congress would approve the TPP.
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
(202) 588-1000"There has been no evidence that has been introduced by the government other than the op-ed," U.S. District Judge William Sessions III said, referring to Öztürk's article urging divestment from Israel.
Rümeysa Öztürk, one of several pro-Palestine scholars kidnapped and imprisoned by the Trump administration under its dubious interpretation of an 18th-century law and a Cold War-era national security measure, was released from Immigration and Customs Enforcement custody Friday following a federal judge's order.
U.S. District Judge William Sessions III in Vermont ruled that Öztürk—a 30-year-old Turkish Ph.D. student at Tufts University in Massachusetts and Fulbright scholar—was illegally detained in March, when masked plainclothes federal agents snatched her off a suburban Boston street in broad daylight in what eyewitnesses and advocates likened to a kidnapping and flew her to a U.S. Immigration and Customs Enforcement (ICE) detention center in Louisiana.
"Thank you so much for all the support and love," Öztürk told supporters outside the facility following her release.
The government admits that Öztürk committed no crime. She was targeted because of an
opinion piece published in Tufts Daily advocating divestment from Israel amid the U.S.-backed nation's genocidal assault on Gaza and its apartheid, occupation, ethnic cleansing, and colonization in the rest of Palestine. Öztürk was arrested despite a U.S. State Department determination that there were no grounds for revoking her visa.
"There has been no evidence that has been introduced by the government other than the op-ed," said Sessions, an appointee of former President Bill Clinton. "That literally is the case."
BREAKING: a federal judge has ordered the Trump administration to immediately release on bail Rumeysa Ozturk, a Muslim grad student at Tufts University who was abducted and abused by ICE agents, all because she wrote an editorial, yes, an editorial, critical of the Israeli government's genocide.
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— CAIR (The Council on American-Islamic Relations) ( @cairnational.bsky.social) May 9, 2025 at 11:12 AM
"There is no evidence here as to the motivation, absent consideration of the op-ed, so that creates unto itself a very significant substantial claim that the op-ed—that is, the expression of one's opinion as ordinarily protected by the First Amendment—form the basis of this particular detention," the judge continued, adding that Öztürk's "continued detention potentially chills the speech of the millions and millions of people in this country who are not citizens."
"There is absolutely no evidence that she has engaged in violence, or advocated violence, she has no criminal record," Sessions noted. "She has done nothing other than, essentially, attend her university and expand her contacts in her community in such a supportive way."
"Her continued detention cannot stand," he added.
The Trump administration has openly flouted judge's rulings—including a U.S. Supreme Court order—that direct it to release detained immigrants. Sessions' Friday ruling follows his earlier order to send Öztürk to Vermont and Wednesday's 2nd U.S. Circuit Court of Appeals affirmation of the judge's directive, both of which have been ignored by the administration.
Seeing that Öztürk was still in ICE custody hours after his order, Sessions reiterated his directive Friday afternoon.
"In light of the court's finding of no flight risk and no danger to the community, petitioner is to be released from ICE custody immediately on her own recognizance, without any form of body-worn GPS or other ICE monitoring at this time," the judge wrote.
Multiple media outlets reported Öztürk's release Friday afternoon.
Mahsa Khanbabai, Öztürk's attorney, toldCourthouse News Service she's "relieved and ecstatic" that her client has been ordered released.
"Unfortunately, it is 45 days too late," Khanbabai lamented. "She has been imprisoned all these days for simply writing an op-ed that called for human rights and dignity for the people in Palestine. When did speaking up against oppression become a crime? When did speaking up against genocide become something to be imprisoned for?"
The Trump administration has dubiously invoked the Alien Enemies Act of 1798, which allows the president to detain dor deport citizens of countries with which the U.S. is at war, in a bid to justify Öztürk's persecution. The administration has also cited the Immigration and Nationality Act of 1952, which empowers the secretary of state to order the expulsion of noncitizens whose presence in the United States is deemed detrimental to U.S. foreign policy interests.
"When did speaking up against genocide become something to be imprisoned for?"
Secretary of State Marco Rubio—who lied about Öztürk supporting Hamas—has used such determinations to target people for engaging in constitutionally protected speech and protest.
"We do it every day," Rubio said in March in defense of the policy. "Every time I find one of these lunatics, I take away their visas."
Rubio has invoked the law to target numerous other students who the government admits committed no crimes. These include Mahmoud Khalil, Mohsen Mahdawi, and Yunseo Chung—all permanent U.S. residents—as well as Ranjani Srinivasan and others. Far-right, pro-Israel groups like Betar and Canary Mission have compiled lists containing the names of these and other pro-Palestine students that are shared with the Trump administration for possible deportation.
Foreign nationals—and some U.S. citizens wrongfully swept up in the Trump administration's mass deportation effort—are imprisoned in facilities including private, for-profit detention centers, where there are widespread reports of poor conditions and alleged abuses.
These include denial of medical care, insufficient access to feminine hygiene products, and rotten food at the South Louisiana ICE Processing Center, where Öztürk—who, according to Rep. Ayanna Pressley (D-Mass.), has received no religious or dietary accommodations and had her hijab forcibly removed—is being held.
Öztürk also suffers from asthma and told Sessions via Zoom Friday that her attacks have increased behind bars due to stress. Dr. Jessica McCannon, a pulmonologist, testified that Öztürk's asthma appears to be poorly controlled in ICE custody, according to
courtroom coverage on the social media site Bluesky by freelance journalist Joshua J. Friedman.
U.S. Sen. Elizabeth Warren (D-Mass.) was among those who on Friday demanded Öztürk's immediate release, while other lawmakers and human rights and free speech defenders celebrated Sessions' decision.
"Rümeysa Öztürk has finally been ordered released," Sen. Ed Markey (D-Mass.) said on social media. "She has been unlawfully detained for more than six weeks in an ICE facility in Louisiana, more than 1,500 miles away from Somerville. This is a victory for Rümeysa, for justice, and for our democracy."
In the United States, we guarantee free speech. No one here will lose their rights and freedom for publishing an op-ed. This is a win for the rule of law. Rümeysa is free!
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— Representative Becca Balint ( @balint.house.gov) May 9, 2025 at 1:24 PM
Seth Stern, director of advocacy at Freedom of the Press Foundation, said in a statement that "it is unfathomable that in the United States legal system, it takes 45 days for a judge to rule that people can't be put behind bars for writing op-eds the government doesn't like."
"Without a system committed to its principles, the Constitution is just words on paper, and they don't mean much if this can happen here," Stern continued. "Öztürk's abduction and imprisonment is one of the most shameful chapters in First Amendment history."
"We're thankful that Judge Sessions moved it one step closer to an end and we call on the Trump administration to release Öztürk immediately and not attempt to stall with any further authoritarian nonsense," he added.
Amid President Donald Trump's defunding threats and pressure from ICE officials, universities have told "many hundreds" of international students that they have lost their immigration status and must immediately self-deport. These notifications were based on the Department of Homeland Security's (DHS) termination of students' records on the Student Exchange and Visitor Information System (SEVIS), a database used by schools and authorities to access visa information.
Although DHS admitted in court that it had no authority to use SEVIS to revoke students' status, the Trump administration still canceled more than 1,800 visas before reversing course last month pending an ICE policy revamp.
In addition to moving to deport pro-Palestine students, the Trump administration is sending Latin American immigrants—including wrongfully expelled Maryland man Kilmar Abrego García—to a notorious prison in El Salvador, and the president has repeatedly threatened to send natural-born U.S. citizens there.
As with Öztürk and other detained students, the Trump administration has dubiously invoked the Alien Enemies Act in trying to deport García and others. However, federal judges—including multiple Trump appointees—have thwarted some of these efforts.
On Friday, White House Deputy Chief of Staff Stephen Miller said that Trump and his advisers are "actively looking at" suspending habeas corpus as a means of overcoming judicial pushback against the administration's deportation blitz.
"Well, the Constitution is clear—and that of course is the supreme law of the land—that the privilege of the writ of habeas corpus can be suspended in a time of invasion," Miller told reporters at the White House. No foreign entity has invaded the United States since Japanese forces landed in the Aleutian Islands in the then-territory of Alaska during World War II.
Critics pointed out that Miller's proposal is, in fact, blatantly unconstitutional.
"Since it appears needs to be said: The authority to suspend habeas corpus lies with Congress, not the president, and is only legal during extreme circumstances of rebellion or invasion," Democratic pollster and strategist Matt McDermott said on Bluesky. "Stephen Miller is full of shit."
It wasn't just Democrats and Palestine defenders who cheered Sessions' ruling Friday. Billy Binion, who covers "all things injustice" for the libertarian website Reason, said on social media that the government's "entire case against her is that... she wrote an op-ed."
"Hard to overstate how bleak—and frankly embarrassing—it is that the Trump administration wants to jail and deport someone for speech," he continued. "In America."
"Working-class seniors pay into Social Security and Medicare their whole careers so they can enjoy a dignified retirement, but they end up paying a much larger share of their income in taxes than billionaires because the tax code is rigged in favor of the rich."
Social Security and Medicare protect tens of millions of American senior citizens from poverty and medical bankruptcy each year, but economic justice advocates have long said the programs would be strengthened and remain fully solvent for as long as possible if the richest Americans contributed more to them—and on Thursday two Democratic lawmakers introduced legislation to ensure they do.
The bicameral bill, the Medicare and Social Security Fair Share Act, was reintroduced by Sen. Sheldon Whitehouse (D-R.I.) and Rep. Brendan Boyle (D-Pa.), with the aim of requiring people with yearly incomes of more than $400,000 to contribute a fairer share of their wealth to the two programs.
Currently the maximum amount of earnings for which American workers must pay Social Security taxes is just over $176,000.
The bill would lift the Social Security tax cap "to ensure that no matter the source of their income, high-income taxpayers would pay the same tax rate on their income exceeding that threshold," said the lawmakers in a press statement.
It would also increase the Medicare tax rate for income above $400,000 by 1.2% and include a provision ensuring owners of hedge funds and private equity firms can no longer avoid Medicare taxes.
Whitehouse and Boyle introduced the bill as the Trump administration and congressional Republicans work to slash Social Security—confirming Wall Street executive Frank Bisignano, who has backed billionaire Elon Musk's spending cuts at the Department of Government Efficiency (DOGE), to run the program this week.
"While Republicans are pushing a $7 trillion tax giveaway to the ultrarich, we're working to protect the benefits that millions of Americans have earned—and we won't let them be stolen to fund another billionaire windfall."
Republicans have also suggested Medicare could be slashed in order to pay for tax cuts for the wealthiest Americans and have pushed to expand privatized Medicare Advantage plans.
"Working-class seniors pay into Social Security and Medicare their whole careers so they can enjoy a dignified retirement, but they end up paying a much larger share of their income in taxes than billionaires because the tax code is rigged in favor of the rich," said Whitehouse. "As the Trump administration and Congressional Republicans gear up to deliver budget-busting giveaways for their billionaire donors, I will continue pushing to make our tax code fair and protect these twin pillars of retirement security as far as the eye can see."
Actuaries at the Centers for Medicare and Medicaid Services and Social Security Administration estimated that Whitehouse and Boyle's proposal would extend Social Security and Medicare solvency by at least 75 years.
Without new revenue, the trust funds that finance Medicare and Social Security are projected to be 100% solvent only through 2036 and 2033, respectively.
The legislation is endorsed by groups including Social Security Works, the National Council on Aging, and the Center for Medicare Advocacy.
"From my first day in Congress, I've pledged to protect the long-term stability of Social Security and Medicare—two bedrock promises our country made to seniors, workers, and people with disabilities," said Boyle. "Now, with [President] Donald Trump, Elon Musk, and DOGE-fueled billionaires openly attacking these programs, that fight is more urgent than ever."
"While Republicans are pushing a $7 trillion tax giveaway to the ultrarich," he said, "we're working to protect the benefits that millions of Americans have earned—and we won't let them be stolen to fund another billionaire windfall."
The plan "contravenes basic humanitarian principles," said a spokesperson for the United Nation's children's agency.
United Nations aid officials have rejected a U.S. and Israel-backed plan for aid delivery in Gaza that reportedly involves the use of a private foundation and U.S. military security contractors to deliver far less humanitarian assistance than the besieged enclave needs.
Jens Laerke, a spokesperson for the U.N.'s Office for the Coordination of Humanitarian Affairs (OCHA), warned Friday that the agency "will not participate."
"There is no reason to put in place a system that is at odds with the DNA of any principled humanitarian organization," Laerke told the BBC.
Since early March, Israel has blocked aid from entering Gaza, compounding widespread misery and hunger in the besieged enclave as Israel continues to mount a deadly military campaign there. U.N. officials have decried the fact that aid is close at hand but is not being allowed in.
Speaking in Jerusalem on Friday, U.S. Ambassador to Israel Mike Huckabee said that the plan involves a private U.S.-backed foundation, which will distribute aid from a set number of distribution sites, according to CNN. Huckabee said the idea is to create a system that prevents Hamas from obtaining the aid.
The private entity, called the Gaza Humanitarian Foundation, would administer those distribution sites using private U.S. military contractors and aid workers, according to CNN.
The plan reportedly entails only allowing 60 aid trucks a day, a sliver of what was allowed to enter the enclave during the two-month cease-fire that Israel ended in March. A document from the Gaza Humanitarian Foundation states that there will initially be four distribution sites aimed at providing 1.2 million Palestinians in its first phase, or 60% of Gaza's population.
According to the The New YorkTimes, under the current aid distribution system, the U.N. says there are 400 distribution points.
Huckabee said that Israel would not be involved in delivering aid, but that Israeli forces would handle security around the distribution sites.
The Times of Israel, citing officials familiar with the plan, reported that the Israeli government and military have been involved in putting the plan together, even if the Gaza Humanitarian Foundation is the entity that is slated to distribute the aid.
Reporting from The Washington Postpublished Monday, which cited unnamed Israeli officials and aid workers, framed the emerging plan as an Israeli initiative to take control of aid distribution in Gaza. The Post's reporting also stated that the distribution centers would be all be located in the south of Gaza.
The Post spoke with officials from a dozen international aid groups working in Gaza, who expressed concerns that restricting aid to a few locations would force more displacement and be discriminatory.
James Elder, spokesperson for the U.N.'s children's agency UNICEF, echoed this, according to the BBC, saying on Friday that the proposed plan would lead to more children suffering and that the decision to locate all the distribution centers in the south appeared designed to weaponize aid as "bait" to force Palestinians to be displaced once again.
The plan "contravenes basic humanitarian principles" and appears designed to "reinforce control over life-sustaining items as a pressure tactic," Elder said, according to U.N. News.