Letter to Jaime Mañalich Muxi, Re: Denial of Life-Saving Abortion to Pregnant Chilean Girl Violates International Human Rights Law

GJC writes a letter to Chilean Minister of Health, Jaime Manalich Muxi, asking him to allow doctors to perform a life saving abortion on an 11-year old girl who was impregnated after being raped repeatedly by her mother's boyfriend.

Excerpt:

On behalf of the Global Justice Center, I am writing to urge you to immediately permit doctors to perform a therapeutic abortion to save the life and prevent further cruel, inhuman and degrading treatment of a young Chilean girl, “Belén,” who faces a life-threatening pregnancy resulting from rape.

Belén, an 11-year old girl, was impregnated after being raped repeatedly for more than two weeks by her mother’s boyfriend. According to Belén’s doctors, the pregnancy has placed her life at risk. If, however, her doctors were to provide her a life-saving abortion, they and Belén would both be found in criminal violation of Chile’s absolute ban on abortion, which allows no exceptions for rape, incest or life of the mother. As Chilean law now stands, an 11-year old girl will be forced to endure a life-threatening pregnancy that will either kill her or compel her, a child herself, to give birth to and raise the child of her rapist. This forced pregnancy will continue the violation of her bodily integrity and sovereignty, extending the pain and abuse she has already experienced.

We call on your government to permit a therapeutic abortion as the only humane response to Belén’s predicament, and to reform your restrictive ban on abortion so that future girls and women are not subjected to the physical and psychological dangers of unwanted and life-threatening pregnancies.

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UN Security Council Addresses Sexual and Reproductive Rights for Girls and Women Raped in War

FOR IMMEDIATE RELEASE - June 24, 2013

[NEW YORK, NY] - Today, the United Nations Security Council unanimously passed Resolution 2106 addressing sexual violence in armed conflict during a debate led by the United Kingdom. Significantly, for the first time, a Security Council Resolution explicitly calls for UN entities and donor countries to provide “non-discriminatory and comprehensive health services, including sexual and reproductive health.” The Global Justice Center applauds the inclusion of this language, which represents a milestone for girls and women impregnated through war rape.

Letter to Louise Arbour: RE: The International Crisis Group’s Policy Urging Unconditional Engagement with Burma’s Military Rulers Contradicts States’ Absolute Obligations to Respond to Burma’s Serious Breaches of Peremptory Norms of International Law, Sep

Letter to Louise Arbour: RE: The International Crisis Group’s Policy Urging Unconditional Engagement with Burma’s Military Rulers Contradicts States’ Absolute Obligations to Respond to Burma’s Serious Breaches of Peremptory Norms of International Law, September 2011

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The Nuclear Age Peace Foundation Calls for UN Security Council Action on the 2008 Myanmar Constitution's Removal of All Civilian Government Control Over the Military

FOR IMMEDIATE RELEASE - November 30, 2012

[NEW YORK, NY] - On November 30, 2012, the President of the Nuclear Age Peace Foundation, Dr. David Krieger, alerted United Nations Security Council members to the security risks raised by the 2008 Myanmar constitution, which denies the civilian government any power to control the military.

UN Security Council Resolutions on Women, Peace and Security: A Chart Detailing State Mandates to End Crimes of Sexual Violence in Armed Conflict, Ensure Accountability and Promote Gender Parity in Conflict and Post-Conflict Situations

The following chart details the legally-binding mandates of the UN Security Council Resolutions on Women, Peace and Security 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), and 1960 (2010) – emphasizing the need for greater protection of women‟s rights and the inclusion of women in global governance and peace processes. The chart delineates the duties and obligations for action by 1) the UN Secretary-General, and 2) Myanmar/Burma [hereinafter Burma], as both a UN member state and a party to armed conflict.

Despite their application to Burma, the Resolutions have not brought any real and concrete change for girls and women on the ground. The inability of UN representatives to reach conflict areas in Burma severely obstructs the reporting mechanisms of SCR 1960. Additionally, since the Constitution of Burma gives complete amnesty for any and all crimes committed by the ruling military regime, the Burmese government precludes any meaningful accountability and justice mechanism for the women victims of sexual violence and enshrines further impunity for perpetrators.

The Global Justice Center is a New York based Human Rights Organization with consultative status to the United Nations working with judges, parliamentarians and civil society leaders on the strategic and timely enforcement of international equality guarantees. The Global Justice Center has been at the forefront of human rights advocacy in Burma by working closely with groups on the ground to implement international women‟s rights through the rule of law.

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The 2008 Constitution Breaches Myanmar/Burma’s Binding Obligations under International Law Including the United Nation’s Charter

The 2008 Constitution Establishes a Civilian Government Without Full Sovereign Powers

Under the 1947 Constitution, in place when Burma applied for United Nation (UN) membership in 1948, Burma was a sovereign state. The Union of the Republic of Myanmar, as established under the 2008 Constitution (the “Constitution”), is not a sovereign state as defined by international law. A “sovereign” state must have supreme power to make laws that are applicable to all institutions and citizens of the state “without accountability” to any other body. To be considered a sovereign state, the civilian government must have “paramount control of the constitution and frame of government and its administration” as well as be the person or body of persons which has no political superior.

The Constitution is unlike any in the world in that it grants the Defense Forces complete autonomy and supremacy over the civilian government.No branch of the “sovereign” state (consisting of the legislative, executive and judicial branches) may exercise oversight over the military. The Constitution reserves 25% of Parliamentary seats for the military and Constitutional amendments require more than 75% majority for passage. This essentially reserves a veto over Constitutional amendments for the military. The civilian government under these limitations does not have full sovereign powers as defined by international law.

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Letter to Norwegian Foreign Minister

Letter from the Global Justice Center to Norway's Foreign Minister Eide asking for Support for a General Assembly Request to the International Court of Justice for an Advisory Opinion on Burma's Constitution.

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Letter to the NY Times Editor, Keep Up the Pressure on Myanmar’s Generals

A version of this letter appeared in print on page A30 of the New York edition with the headline: Change in Myanmar.

Janet Benshoof, President of the GJC, responds to an OpEd about Myanmar. She explains in this letter that sanctions are not enough to exact lasting democratic change in Myanmar; the focus should be on the Constitution.

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Fundamental Constitutional Review Needed in Burma

On Sunday, 29 January 2012, Burmese opposition leader Aung San Suu Kyi called for reforms to the military drafted 2008 Burmese Constitution. The Nobel Laureate’s call highlights the fundamental and systemic obstacle that the constitution represents to democracy in Burma. The Global Justice Center has long noted that the 2008 Constitution not only undermines the prospects of any true democracy but also leads to the perpetuation of some of the world’s most heinous war crimes and human rights violations.

Unlike any other constitution in the world, the Burmese Constitution creates a bifurcated sovereignty. It ensures that the military is constitutionally autonomous from and supreme over the civilian government. Even if he is willing, the President, Thein Sein, cannot enforce any laws against the military. Furthermore; the constitution guarantees the military amnesty for all crimes – including the most heinous such as genocide, war crimes and crimes against humanity. It also ensures the perpetual dominance of the military by guaranteeing that 25% of the seats in Parliament are reserved solely for the military, while parading itself as a multi-party “democracy”.

This flawed constitution has dire and detrimental consequences. The bifurcation of sovereign power means that Burma cannot enforce or comply with international obligations including the Geneva Conventions, UN Security Council Resolutions and the Nuclear Non-Proliferation Treaty (NPT). To have a military, which is not legally accountable by any standards, obtain nuclear capabilities is a threat to global peace and security. Additionally, the clear lack of accountability, transparency, and legal autonomy of the military perpetuates genocide, war crimes, and crimes against humanity – all of which are punishable under international law. This means that the military’s targeted attacks against the ethnic minority civilians in regions such as the Kachin go un-checked, gross human rights violations are perpetuated and more fundamentally, justice is denied to victims of the armed conflict.

While the recent “democratization efforts” may be welcome, what Burma needs is not just change but radical change. At the most basic level, the 2008 Constitution serves to enshrine the military’s impunity for the worst crimes. If Burma is to achieve democracy, the rule of law and justice, fundamental constitutional review is certainly most needed.

For More Information:

Putting Democracy Out of Reach: How Burma’s New Government Violates the Law of Nations and Threatens Global Peace and Security

Burma’s Nuclear Strategy: How Burma’s Military Has Successfully Hijacked Democracy and Made Control over Burma’s Nuclear Future a Constitutional Right of the Military

Chilean Health Minister Reply - Original

 Chilean Health Minister Dr. Jaime Menalich Muxi responds to a letter from the GJC requesting that he allow an 11-year-old rape victim to have a life-saving abortion. This letter states that though the pregnancy is risky, he cannot grant her an abortion because it is against the law. This is the original, untranslated copy of the letter the Chilean Health Minister sent in reply to the GJC.

Read GJC's original letter here.

Read a translated version of this letter here.

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