Global Justice Center Blog

GJC Weekly News Roundup

Sunday, Burma rejected claims allegations of ethnic cleansing and crimes against humanity against Rohingya Muslims. Last year, in response to Rohingya militants killing nine border guards, the Burmese army allegedly burned down homes, raped village women and shot people on sight in an attack that caused approximately 75,000 to flee to Bangladesh. This prompted a United Nations probe, which is being blocked by Burma.

Monday, a United Nations aid chief warned that there are the early warning signs of genocide in the Central African Republic (CAR). CAR has hosted a war between Muslim and Christian armed groups since 2013, and over half a million people have been displaced. The violence has intensified recently after a period of relative calm, and the UN warns that the risk of ethnic cleansing is heightened.

Monday, New York has formed a New York State Council on Women and Girls. The Council aims to combat discrimination against women and girls by creating state laws on issues like protecting reproductive rights and pushing for equal pay. It was formed in response to the election of President Donald Trump, who is threatening to remove the White House Council on Women and Girls.

Monday, frustrated with the United Nations’ lack of action on holding war criminals accountable, a top former war crimes prosecutor quit the UN’s Independent Commission of Inquiry on Syria. “I give up. The states in the Security Council don’t want justice,” Carla Del Ponte said. This leaves two members of the Commission. Wednesday, the New York Times published an editorial about her resignation and the Commission’s inaction.

US Abortion Restrictions: An Explainer

President Trump’s expanded Global Gag Rule is being implemented through standard provisions issued by all affected agencies and sub-agencies, including:

Except for some small non-material language, these regulations are substantially the same across agencies. To provide context, GJC has annotated USAID’s Standard Provisions for Non-US Non-Governmental Organizations (ADS 303), which is the primary vehicle through which this censorship is being effected. These regulations also include provisions which implement other US abortion restrictions on foreign assistance, including the Helms and Siljander Amendments, which restrict the activities of all recipients of US foreign assistance.

This annotation highlights, explains and contextualizes the laws and policies that restrict or place restrictions on U.S. funding of abortion or family planning services abroad.

Background: After the US Supreme Court’s landmark ruling in Roe v. Wade (which held that the U.S. Constitution protects a woman’s decision to terminate her pregnancy), Congress began restricting abortion access through funding restrictions both domestically (Hyde Amendment) and abroad (the Helms Amendment). Over the years, the funding restrictions on foreign assistance have grown and now encompass all US foreign aid through their incorporation into annual appropriations acts, which are then implemented by agencies providing foreign aid, primarily USAD and the State Department. These congressional restrictions limit what can be done with US funds.

 In 1984, President Reagan expanded these restrictions on foreign NGOs through the “Mexico City Policy” (or Global Gag Rule) and began limiting with those organizations could do with their funds from any donor. The Gag Rule was rescinded by President Clinton, reinstated by President Bush, rescinded by President Obama and reinstated and expanded by President Trump.

Today, all entities receiving US foreign aid cannot speak about or provide abortions with US funds in any circumstances, including rape, life endangerment and incest. Furthermore, foreign NGOs receiving US global health assistance aid must now certify that they will not actively promote or provide abortion services as a method of family planning with funds from any donor and all NGOs receiving US global assistance funds cannot partner with or sub-grant to any foreign NGO that won’t certify the same. As a result, today, the United States is denying necessary and safe medical care to women and girls around the world in violation of their rights under international law.

This annotation seeks to demystify US abortion restrictions and map how and where they are put into place.  

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