The NGO, DKT International, filed the suit in the District Court of the District of Columbia against the U.S. Agency for International Development (USAID) and its administrator, challenging the requirement that U.S. and foreign NGOs receiving USAID funding from adopt a policy "explicitly opposing prostitution and sex trafficking."
USAID adopted the rule requirement in June, as one of a number of policies advocated by the 'pro-life' religious right. Other Bush Administration initiatives include endorsement of the so-called Mexico Protocol, which forbids abortion counseling in family planning programs overseas.
U.S. observance of the protocol -- termed "the global gag rule" by family planning professionals -- was rescinded during the Clinton Administration but
re-authorized under President George W. Bush on his first day in office in January 2001.
DKT's president, Philip D. Harvey, said the anti-prostitution and sex trafficking policy "does a grave disservice to international AIDs-prevention programs and to those who carry them out. The policy does no good, and is clearly doing considerable harm."
He told IPS," I have found that non-governmental organizations around the world really despise this anti-prostitution pledge. In addition to making their work harder, it undermines their integrity, insults them really."
DKT International is a non-profit organization based in Washington DC. It manages contraceptive social marketing programs for family planning and AIDS prevention in eleven countries in Africa, Asia, and Latin America. DKT's programs currently serve just under 10 million couples, with an operating budget of $50 million.
Harvey said ameliorating the impact of HIV/AIDS requires "work with persons at highest risk of infection, including those in the sex trades. We deal with sex workers as equals. We accept what they do as part of the reality of today's world, and we do our best to empower them so they can adopt practices that will minimize the risk of HIV transmission for themselves and their partners and improve their chances of getting access to life-saving health services. To do this work under an 'anti-prostitution' policy would be dysfunctional."
He added, "Such a policy further stigmatizes the very people we are trying to help. It requires us to condemn what sex workers do for a living, thus undermining the relationship of trust and mutual respect required to effectively conduct AIDS-prevention work. DKT will not allow its field workers to be put in that position."
The U.S. policy, he declared, "harms America's image and America's interests abroad. No one pretends that such a policy will contain or ameliorate the darker aspects of the world's oldest profession. It represents posturing by American politicians who are increasingly seen around the world as patronizing, bullying, and obsessed with sex."
"By coercing the speech of private parties", he added, "the policy violates the First Amendment rights -- and the integrity -- of the organizations that are forced into compliance."
DKT's programs are supported by the Packard, Hewlett, and Gates foundations, and by the German KfW, the British DFID, and the Dutch, Irish, and Indian Governments.
As a result of refusing to adopt (and certify) USAID's policy on prostitution, DKT has lost USAID support for its AIDS-prevention work in Vietnam. Its lawsuit seeks injunctive relief to permit it to resume this work.
Meanwhile, in Kabul, Afghanistan, seven reproductive health care centers, formerly supported by the International Planned Parenthood Federation (IPPF), were reopened this month with help from the United Nations Population Fund (UNFPA).
Run by a local NGO, the Afghan Family Guidance Association (AFGA), the clinics were forced to close in June due to IPPF "funding problems". IPPF's U.S. affiliate, the Planned Parenthood Federation of America, did not respond to telephone calls or emails regarding the nature of its funding problems.
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