Caution: Some Restrictions Apply
All NGOs receiving family planning assistance from the U.S. government need to be aware of a U.S. policy that limits the use of such funds in regard to abortion. In January 2001, the Bush Administration reinstated funding restrictions on certain overseas health care organizations.
The policy is commonly known as the Mexico City Policy. Under these restrictions, which family planning supporters call the Global Gag Rule, no U.S. family planning assistance can be provided to foreign NGOs that use funding from any other source to:
- perform abortions in cases other than a threat to the life of the woman, rape or incest;
- provide counseling and referral for abortion; or
- lobby to make abortion legal or more available in their country.
While the policy is specific to foreign NGOs, USAID requires U.S.-based NGOs working with such groups to enforce the policy on their partners. In March 2001, President Bush formally issued restrictions virtually identical to those included in all NGO grants and cooperative agreements between 1985 and 1993 (when a previous version of the policy was in effect with Presidents Reagan and George H.W. Bush), but with one important clarification concerning post-abortion care. The legal language used by USAID to implement the Mexico City Policy, called the “standard provisions,” requires foreign NGOs to certify that they do not “perform or actively promote abortion as a method of family planning” as a condition of receiving U.S. assistance for family planning and will not do so while receiving such assistance. A 1973 congressional prohibition on the direct use of U.S. foreign aid funds for abortions remains in effect. However, some abortion-related activities are still permitted. See PAI’s brochure, What You Need to Know about the Mexico City Policy Restrictions: An Unofficial Guide, to help clarify for both U.S. and foreign NGOs the specific restrictions imposed by the policy. In particular, please see the checklists on pp. 13-15 explaining the funding instruments and accounts to which the restrictions apply, as well as a detailed chart of permissible activities.
Work on HIV/AIDS prevention is not the focus of the new USAID population-health-environment program, but some U.S. and African conservation organizations do work in this arena. The Mexico City Policy restrictions do not currently apply to U.S. government assistance for HIV/AIDS prevention, treatment and care, but this status could change.Interested readers are urged to see PAI’s brochure, What You Need to Know About the Global Gag Rule and U.S. HIV/AIDS Assistance: An Unofficial Guide, which details other restrictions governing such assistance, and to consult the USAID or the Office of the Global AIDS Coordinator web sites for updated information about restrictions on U.S. HIV/AIDS assistance.
