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USAID: From The American People

USAID's 50th Anniversary

This is an archived USAID document retained on this web site as a matter of public record.

Testimony of Mark Schneider, Assistant Administrator for Latin America and the Caribbean
Before the House International Relations Committee
Subcommittee on International Operations and Human Rights
Washington, D.C., February 25, 1998
U.S. Agency for International Development

Chairman Smith, other members of the subcommittee, thank you for the opportunity to appear today and discuss recent developments in Peru. We are eager to work with this Committee in an open and transparent fashion so that we can all collectively get to the bottom of a very serious issue that demands to be handled rigorously and impartially. I know we are in full agreement that the human rights of women must be given the highest priority in Peru, as elsewhere, and that any effort to abridge those rights runs directly counter to the values and foreign policy of the United States. We all agree that men and women should be able to voluntarily make their family planning choices and have access to safe family planning services. Equally clearly, we must base our judgement of the situation in Peru on a full accounting of the facts of the matter to be fair to all the parties involved.

I am also glad that the Government of Peru has just this week announced a number of very important concrete steps that should return their family planning program to a sound foundation. As of yesterday, we have received the good news that the Government of Peru will:

--    Discontinue their campaigns in tubal ligations and vasectomies.

--    Make clear to health workers that there are no provider targets for voluntary surgical contraception or any other method of contraception.

--    Implement a comprehensive monitoring program to ensure compliance with family planning norms and informed consent procedures.
--    Welcome Ombudsman Office investigations of complaints received and respond to any additional complaints that are submitted as a result of the public request for any additional concerns.

--    Implement a 72 hour "waiting period" for people who choose tubal ligation or vasectomy. This waiting period will occur between the second counseling session and surgery.

--    Require health facilities to be certified as appropriate for performing surgical contraception as a means to ensure that no operations are done in makeshift or substandard facilities.

Again, these are all welcome developments.

Before going into more detail, I think it useful to reiterate the Administration's policy on the voluntary nature of family planning and look briefly at the larger context of our overall assistance program to Peru. The United States provides international family planning assistance to developing nations to help reduce unintended pregnancies, combat infant and maternal mortality and reduce the spread of deadly diseases such as AIDS. All of our family planning programs are guided by the principles of voluntarism and informed choice. We categorically oppose coercion in any form. The U.S. Agency for International Development's (USAID's) family planning efforts have helped millions of couples in the developing world achieve their desire for better cared for and more prosperous families.

USAID family planning programs are built within an internationally accepted framework that stresses the quality of health care. This quality of care approach to family planning has six defining features:

--    People can choose from a range of contraceptive methods;
--    Families receive adequate information on all methods available;
--    Health personnel are appropriately trained;
--    Health personnel treat clients with respect;
--    Clients have ongoing access to necessary services; and,
--    These health services should cover other related aspects of reproductive health.

It is clear that the guiding principles of our family planning program are about giving women and men access to healthy and educated choices about having children and improving their own lives.

The overall U.S. foreign assistance program to Peru is built around: promoting democracy and human rights; reducing the entry of illegal drugs into the United States; protecting human health; and reducing poverty through broad-based economic growth. These actions contribute to the stability of a trading partner with one of the fastest growing economies in the region that is becoming increasingly important to the United States.

Economic improvement has been impressive in Peru, but continuing inequities, particularly in the poorest urban and rural areas of the country, indicate that much needs to be done to generate productive employment and income to meet the needs of those in poverty. In 1996, 51.3 percent of Peruvians lived below the poverty line. Chronic malnutrition of children in rural areas was 40 percent, and infant mortality in rural areas remained twice as high as in urban areas. Unintended pregnancies among adolescents are on the rise. Just last week we also saw Peru battered by El Niño and in the midst of a sizable humanitarian emergency.

Although there has been considerable progress, much remains to be done to bolster a fragile and uneven democracy in Peru. Improving human rights is an important part of USAID's effort in Peru. USAID assistance has contributed to broader citizen participation in decision-making processes of local governments, the emergence of the Human Rights Ombudsman Office as one of the most respected Peruvian institutions, and the release of hundreds of individuals from jail who have been "unjustly" accused or convicted of terrorism. We have also worked to strengthen the capacity of human rights non-governmental organizations and to try and promote the capacity of the judiciary system to become more independent.

In the area of health, Peru has achieved noteworthy successes in recent years, and it is fair to say that USAID's large investments in health in Peru, including its support for family planning, have contributed significantly to those successes. Chief among the successes over the last five years:

    *    Infant mortality fell by 22 percent;

    *    Under-5 mortality fell by 24 percent; and,

    *    Chronic malnutrition of children under 5 fell 30 percent.

Peru's status as a priority country for USAID in family planning emanates from the two most important underlying rationales for international assistance in family planning: reproductive rights and promotion of the health of women and children. For more than two decades, nations of the world have agreed that reproductive rights not only include a couples' right to practice family planning, but also access to contraception and the other services that allow such decisions to be exercised. Thus, women and men have the right to make decisions freely about the number and spacing of their children, without intervention by governments or other entities, at the same time that they have the right to the means to put their decisions into effect. Information, education and services should be delivered in a way that provides equal access to women and men of all races, classes, ethnic groups, education levels and place of residence.

Through both large-scale national household surveys and in-depth qualitative research with everyday women throughout Peru, the evidence is compelling that most women desire to space or limit births. USAID supported a massive household survey in 1996, in which people in some 30,000 households were interviewed through a random sample. It showed that:

    *    A full 59.4 percent of married women in Peru want no more children.

    *    Of the 26 percent of women who want more children, 17.5 percent want to wait at least two years before their next pregnancy.

    *    Though women in Peru on average have 3.5 births each, women's desired family size is 2.5.

    *    Teen pregnancy is a problem in Peru: 13 percent of young women aged 15-19 are either pregnant or already mothers.

    *    It is also estimated that some 260,000 abortions occur annually in Peru. Virtually one of every three pregnancies ends in abortion -- this in a country where induced abortion is only legal in very restricted cases. Abortion remains one of the major causes of maternal mortality in Peru.

    *    Maternal mortality is high in Peru, estimated at 265 deaths per 100,000 live births -- more than 30 times the level in the United States. Unsafe abortion contributes to this, as does high fertility, adolescent fertility and short birth intervals. Further, half of births in Peru occur at home. Regrettably, despite the health successes mentioned above, maternal mortality has not declined in recent years. Without an active family planning program in Peru these indicators of human suffering would be far starker.

The above are national statistics. When one looks at statistics for poor areas in Peru, the picture is much worse. For example, recent reports of the Ministry of Health estimate that maternal mortality in some rural regions is 700 per 100,000 live births. This is why USAID focuses more on meeting the needs of poor populations in Peru's highland areas and jungle. The goal is to allow the benefits of development to be distributed more equitably.

Thus it is fairly self-evident that the need for responsible family planning programs in Peru is considerable and that these programs can have far-reaching effects in improving the health of women and children. It is my hope that in the discussions generated by the controversy over tubal ligation and vasectomy in Peru, we not lose sight of the great benefits of family planning programs or of the principles that guide USAID's efforts in this regard.

Most family planning programs in Peru offer a variety of family planning services integrated into a comprehensive approach to maternal health. Surveys show that natural family planning methods are the most common practice in Peru, and USAID has supported a number of successful programs in natural family planning. Studies also show that voluntary surgical contraception was the third most utilized form of contraception in Peru last year. In the United States, and indeed worldwide, tubal ligation is the most widely practiced family planning method.

Tubal ligations and vasectomies have been a legal method of contraception in Peru since September 1995. Previously, surgical contraception was allowed only in cases where a woman's health would be in danger in the event of additional pregnancies. After legalization, the Peruvian government moved to respond to what they perceived would be a large pent-up demand for access to tubal ligations and vasectomies. Unfortunately, either officially or unofficially, the evidence suggests the Peruvian government adopted a practice of quantitative national targets for surgical contraception in mid-1996. To help reach these goals, the government of Peru pursued a strategy of campaigns in which tubal ligation and vasectomy were offered on a planned date, often in a place where such services were not permanently available.

As soon as USAID became aware of the government of Peru's move toward quantitative targets for sterilization and campaign strategy, U.S. officials communicated strong concerns about the potential for distortions to the government. The agency also quickly segregated USAID family planning support from the campaign strategy. USAID implementing agencies were told not to support the campaigns in any way, and Ministry of Health officials, including the Minister of Health, were informed that USAID support could not be used in this strategy. USAID refused to permit our programs to support the target/campaign strategy in any way.

USAID disagreement with the strategy at the earliest moment was not based on awareness of any particular abuses at that time, but rather because of USAID's knowledge of worldwide experience in family planning programming, as well as USAID conceptualization of family planning within a quality of care framework. Experience has shown that targets and campaigns are often counterproductive. USAID's philosophical opposition resides in the belief that the vertical imposition of targets in family planning opens the door to many types of distortions in what should be a sacred relationship between the health provider and the client. Worldwide experience has shown this statement to be particularly the case where tubal ligation and vasectomy are concerned.
As a matter of policy, USAID does not support performance-based quota systems in family planning programs. While targets connected with provider performance do not necessarily lead to the use of "pressure tactics", they, at a minimum, increase the vulnerability for abuses. Moreover, for ethical, political and programmatic reasons, such drastic steps are unwarranted and counterproductive. USAID programs seek to satisfy unmet demand for family planning which, with few exceptions, still outpaces the ability of public and private sector programs to provide these services.

Over the past 18 months, USAID has not relented in its opposition to setting targets for vasectomies and tubal ligations, and over 80 contacts with government officials, including the Minister of Health and a top advisor of the President, have taken place on this subject between July 1996 and December 1997. USAID has also mobilized public debate on this issue in Peru through its support for the Human Rights Ombudsman, which has looked into reports of abuses, through our support and cooperation with women's groups, and through statements at public events with a variety of health care practitioners, concerned citizens and non-governmental organizations.

While the campaigns continued, USAID gathered information continuously, through official and unofficial sources and ongoing monitoring in the field by USAID staff and specialized consultants. In November, we wrote to the Minister of Women's Development expressing our concerns about these programs. In early January the USAID mission director sent a letter to the Minister of Health requesting a response concerning the allegations, as well as programmatic changes. But let me stress again, no U.S. family planning funds or those of U.S. contractors have been used to support the campaigns. The Staff Director of this subcommittee has agreed with that finding.

In the last few months, there have been reports in the press that the right to fully informed consent may have been violated and that tubal ligations and vasectomies have not always been safely performed. It has also been alleged that some health workers may have conditioned provision of food or medical care on acceptance of sterilizations. These reports reached the press in December and January. The Staff Director of the House Subcommittee on International Operations and Human Rights, went to Peru to investigate the reports the week of January 19-25 and, together with a USAID representative, visited alleged victims of the abuses.

USAID urged Peru to: 1) discontinue tubal ligation and vasectomy campaigns; 2) disavow any policy of setting provider targets for voluntary surgical contraception; and 3) implement a comprehensive monitoring program to ensure compliance with family planning norms and informed consent procedures, including conducting a nationwide family planning user satisfaction survey.

We believe these are significant measures, and we are pleased that the Government of Peru itself determined to take these and the other steps I detailed at the beginning of my testimony.

It is also important to clear up some possible misperceptions that may exist as a result of the trip report of the Subcommittee's Staff Director. The author states he traveled to Peru "to investigate allegations of mass sterilizations of poor women without informed consent and other abuses in the population/family planing program of the Government of Peru." While the report contains a series of recommendations, it does not substantiate claims of mass sterilizations of poor women without informed consent.

Despite a call through various media in Peru for society at large to submit complaints of abuses, the Defensoría del Pueblo to date has validated cases from not more than 9 individuals who have suffered reproductive rights abuses. Though clearly not even one abuse is acceptable, the allegation that abuses have been "massive" has not been substantiated at this time. The possibility exists that further cases may arrive at the Defensoría and be validated, but present evidence does not support the contention of massive abuses.

USAID knew of no reports of sterilizations without consent in 1996 nor, for that matter, in much of 1997. Further, several of the allegations that have been characterized recently in the media as forced sterilization have turned out, upon closer scrutiny, to be cases of poor quality of services that led to preventable mortality and morbidity, which are certainly regrettable in their own right, though quite different from involuntary sterilization.

I would also like to briefly discuss the role of U.S. food aid in Peru, since there has been some question as to whether any of these resources were unknowingly
diverted for use in the campaigns. USAID's Food for Peace Title II program in Peru provides approximately 94,000 metric tons of food annually, valued at over $50 million. This program benefited approximately 2.3 million poor Peruvians in 1997, providing short and long-term solutions to the conditions of poverty that afflict approximately 50 percent of the overall population.

The program is implemented by five non-governmental organizations -- the Adventist Development and Relief Agency, CARE, CARITAS, PRISMA, and TechnoServe. In 1997, over 400,000 children benefited from nutrition activities.
Since food has been shown to have more impact on reducing child malnutrition when used in combination with other health and nutrition interventions, these nutrition activities also put emphasis on monitoring the weight gain and overall health of participating children, recommending they be fully immunized, and requiring attendance by their mothers at a series of information/training sessions covering pre-natal care, breast feeding and weaning techniques, diarrheal and respiratory diseases, and family planning.

PANFAR (Food and Nutrition Program for High Risk Families), which is implemented by PRISMA in cooperation with the Ministry of Health, is the only Title II-supported program to be the subject of allegations that food distribution is conditioned on consent to surgical contraception. Again, it is important to stress that we have heard of only two such allegations. Each of these cases were quickly investigated and no abuses were found. Because the program is extensive -- benefiting over 150,000 families in 2,360 population centers in the poorest areas of Peru -- PANFAR has a very thorough monitoring system. The system includes participation in every PANFAR community by both PRISMA and Ministry of Health officials to ensure that all precepts of the program are adhered to. These precepts include the prohibition of offering food assistance either as an inducement to enter PANFAR or to adopt any method of family planning.

The Subcommittee Staff Director's report refers to one case allegedly linking Title II food assistance under the PANFAR Program to coerced sterilizations. In addition, an article in the local newspaper El Comercio dated January 26, 1998, alleges another case linking PANFAR to coerced sterilization. However, neither of these cases appears to be validated by further investigation. The Subcommittee has been provided with material relevant to these cases. We will investigate any other cases, beyond these alleged incidents, if they come to our attention.

Any allegations of misuse of food assistance are investigated immediately. In the case of PANFAR, past cases of intended or actual misuse of food have been dealt with swiftly and fairly, including discontinuation of food resources until allegations have been investigated, and removal, and in one case jailing, of Ministry of Health officials for improperly using food assistance in a case of financial abuses. Recent allegations linking food assistance to coerced sterilizations have been investigated immediately through on-site interviews with the women and their family members, local non-governmental organizations and health promoters. There are no known cases, or no evidence that we are aware of, linking U.S.-funded food assistance to coerced sterilizations.

In concluding this testimony, I would like to add several final points. We are pleased that the Government of Peru has decided to take the steps it has informed us of this week. This is an important development, and we will keep you and your staff apprised of progress toward meeting this commitment. The course of our future action will depend, in part, upon the continuing response of the Peruvian government to this situation. I am optimistic that the Government of Peru appears to be willing to listen to the voices of its own people -- the Ombudsman's Office, women's groups, health care providers, the national medical association and the Ministry of Health's own evaluation of its program -- and come out with a clear enunciation of support for the voluntary nature of family planning programs.

We look forward to working closely with you and your staff in the future to support America's international family planning programs, and I thank you for the opportunity to appear today.

This is an archived USAID document retained on this web site as a matter of public record.

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Last Updated on: July 18, 2001