GJC Staff Members Attend Rally to Take Rape Seriously

On Tuesday, November 9, 2010 several GJC staff members attended The Rally to Take Rape Seriously hosted by NOW-NYC in conjunction with other anti-violence advocacy groups working to protect women and girls.  Tony Simmons, a NYC juvenile justice counselor, pleaded guilty to raping one teenage girl and sexually assaulting two others while they were in his custody.  The Manhattan Supreme Court Justice in the case has proposed a sentence of probation, meaning a self-admitted rapist, who violated underage girls whom he was employed to keep safe, will not be serving any jail time.


This unfortunate incident is one more clear illustration of the vast amount of work necessary on many different fronts before women and girls can readily access safety and justice.  The Global Justice Center occupies a distinct position in the movement to end violence against women by employing international humanitarian and human rights law for the purpose of protecting victims of violence and discrimination.  While GJC projects focus on the legal rights of women abroad, in countries like Iraq, Burma, and Sierra Leone, we are reminded that women still lack access to rights here in the United States as well. 

The rally highlighted this serious deficiency in the US justice system as women speakers pointed out the implications of Tony Simmons’ unjust proposed sentence: that girls with a criminal record are less deserving of justice than others; that the calculated taking of advantage of such girls should be rewarded with extremely lenient sentences; and that these victims are being failed twofold—first by Tony Simmons, and second by the system which has been created to protect them.

Re-victimization of the most vulnerable groups of girls and women comes in many forms.  The DRC has been named one of the worst places on earth to be a woman due to high numbers of rape and torture the female population endures.  (Note that there are also high numbers of men being raped in the Congo.)  US restrictions on foreign aid that prohibit providing or even discussing abortions, an essential medical service, are a policy that further punishes victims of rape and impregnation in conflict zones, forcing women and girls to carry unwanted or unhealthy pregnancies to term.

Rally participants are doing crucial work to draw attention to institutionalized, entrenched discrimination which acts as “salt in the wounds” of people who have already suffered unimaginably.  The global anti-violence and women’s equality movements rely on activism in every form, combating these issues from numerous angles and different perspectives.  The rally serves as a reminder that these injustices are not unique to war-torn countries and are a testament to the importance of human rights organizations in creating awareness and advocating for change.

To sign the petition urging Justice Cassandra Mullins to give Tony Simmons a just sentence this upcoming Monday, November 15, follow this link:

http://www.ipetitions.com/petition/now-nyc_justiceforassaultvictims/

For more information on this story:

http://www.nydailynews.com/ny_local/2010/10/03/2010-10-03_raped_by_judge_and_justice_system.html

http://jezebel.com/5657224/counselor-rapes-3-girls-merely-sentenced-to-probation

Helms Amendment at Work in the Congo

The late August four-day onslaught of mass sexual violence in Walikale, in Eastern Congo, is just the most recent example of a societal epidemic that has come to define the region with devastating consequences. Although early figures suggested that approximately 150 women were raped during this outbreak (most of whom were gang raped by between two to six people), these numbers have continued to escalate.  As of now, a staggering 303 cases of women, children, and men have been reported; it is likely that many more victims have remained silent. Further, in recent testimony to the Security Council, the Special Representative of the Secretary General to the DRC, Robert Meece, said that “[t]he best data available, for example, suggests that over 15,000 rapes were committed last year in eastern DRC.”

These events continue to illustrate the severity of the conflict, as well as the urgency with which we need to address the US restrictions that impede complete humanitarian assistance for female victims in conflict.  Rather than doing everything in its power to help these victims, US anti-abortion conditions on foreign aid deny access to abortion services to women and girls raped in conflict.  Many human rights reports have found that pregnancy exacerbates the consequences of rape in conflict settings for the victims.

The only medical response in the situation in Walikale was provided by the International Medical Corps (IMC), whose work in eastern DRC is funded by USAID.  Because of the aid restrictions outlined in the Helms Amendment, IMC cannot provide abortion services to any women who present at their treatment center.  This is particularly disturbing in light of information from IMC stating that only two of the victims from Walikale received treatment within 72 hours, the timeframe during which emergency contraception is effective.   The MONUSCO report documenting the incident further states that only 100 of these victims received treatment within 3 weeks.  It is clear that while IMC occupies the medical assistance field there, any woman impregnated as a result of these rapes will not have access to abortion – a violation of international humanitarian law guarantees of non-discriminatory medical care and prohibitions on torture and cruel, inhumane and degrading treatment.

A Call For All Member States of the Human Rights Council: End the Gross Violations of the Rights of Girls and Women Raped and Impregnated in Armed Conflict, to Non-Discriminatory Medical Care, Including Abortions, Under the Geneva Convention

FOR IMMEDIATE RELEASE—November 2010

[NEW YORK, NY] - Thousands of girls and women, impregnated by rape in armed conflict are routinely and illegally denied lifesaving abortions in places like the Democratic Republic of Congo (DRC), Burma and Sudan. The right to non-discriminatory medical care for these victims, which includes the option of abortion, is enshrined in common Article 3 of the Geneva Conventions.

GJC President Janet Benshoof Speaks at MP-Hosted Event

From October 27, 2010

At Portcullis House, London, UK

On October 27, GJC President Janet Benshoof appeared at a Parliamentary event hosted by the Conservative Women’s Organization where she discussed how states have an obligation to ensure that women and girls raped and impregnated in conflict have access to an abortion. Click here to read CWO’s piece below.
 

Making Justice for Burma a Reality

Written by Phyu Phyu Sann, GJC Burma Researcher

I am part of a generation of people from Burma who grew up dreaming of and longing for justice. A generation that continues to be victimized by terrible acts of mass atrocities carried out by our own ruling regime. Extrajudicial killings, torture, and forced labor are prevalent; rape and sexual abuse by the military are rampant; and more than 200,000 civilians were forcibly displaced in the east. In regions where armed conflict is ongoing, villagers have been used as human minesweepers and the forcible conscription of child soldiers is widespread.

More that 2,100 of my fellow country women and men who dedicated their lives to the ideals of justice and democracy are now languishing in remote prison labor camps far from their homes, in atrocious conditions, enduring mental and physical torture and summary executions at the hands of the military.

When I was inside Burma, the widespread repression and atrocities made me feel desperate and hopeless – that we were on our own and no one could help us to end this circle of impunity. As part of the Global Justice Center team working to uphold international commitments to the rule of law and enforce the people of Burma’s rights to criminal accountability, my sense of desperation has changed to one of hope. The international legal tools exist to give the people of Burma justice, and the GJC is working tirelessly to see that this happens.

This fall, the military regime will entrench its power permanently through elections that will trigger the full implementation of a criminal Constitution that codifies the military control over the government. What’s more, this Constitution gives the military amnesty for the crimes it is committing against its people and ensures that no civilian judge can ever hold a member of the military accountable.

This aggressive and deliberate act by the military to enshrine impunity as a “right” is a serious breach of peremptory norms striking at the heart of Burma’s obligations under the Genocide and Geneva Conventions, customary international law, and UN resolutions on women, peace and security and the use of sexual violence in conflict.

The Global Justice Center refuses to let the Burmese junta continuously thwart the international justice system.

We are preparing a draft Security Council Resolution declaring the Burma 2008 Constitution and any elections arising therefrom null and void, as it did with the South African apartheid Constitution in 1984. The pivotal precedent set by UN Security Council Resolution 554 on South Africa provides a framework for addressing analogous constitutions and election processes that entrench repressive regimes. In the upcoming months we are seeking avenues to bring this resolution before the Security Council and asking the global community to respect its commitment to international justice by joining us in calling for a referral of the situation in Burma to the International Criminal Court.

If the elections in Burma take place this fall, the threat that Burma poses to global peace and security will continue to escalate. This is our opportunity to show the world’s dictators that global rule of law will not be flouted.

The dream of justice for the people of Burma – one that I held onto my entire life – must become a reality.

Read a speech by GJC President Janet Benshoof on advances in international law to end impunity in Burma here.

UK Baroness Uddin Uses GJC Legal Arguements in House of Lords Debate to Call for end to Discriminatory Care of Women Raped in Conflict

In her statement last Thursday, UK Baroness Uddin used a new legal argument from the Global Justice Center to call for the end to the routine denial of access to abortions for women who are raped and impregnated in conflict. Baroness Uddin identified the United States policy of censoring humanitarian aid recipients from speaking about or providing access to abortions as playing a major role in the continuing violation of the rights of these victims and called on the UK to ask questions of the United States about this policy when it is reviewed by the UN Human Rights Council. 

From UK House of Lords debate on the Millennium Development Goals, October 7, 2010, at link below, columns 307-308:

http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/101007-0002.htm#10100714000795

Baroness Uddin: My Lords, I, too, thank the noble Lord, Lord Chidgey, for initiating this important discussion. In the UK we should be rightly proud of the British leadership in advancing the millennium development goals which represent a vision of a world transformed where equality and justice prevail.

However, while we are very pleased, one group of women remains outside the MDG effort. Until we address this failure, we cannot speak of real progress. Today I ask our Government to call explicitly for girls and women who are forcibly impregnated by the vicious use of rape in armed conflict to be included under MDG 5-reducing maternal mortality. “Rape as a weapon of war” is a phrase commonly used accurately to describe what is happening alongside today’s armed conflicts, but we rarely speak about the consequences of this weapon. Thousands of girls and women impregnated by rape used as a weapon of war are routinely denied access to abortions. Girls and women die from their attempts to self-abort and from suicide resulting from untold stigmatization leading to social marginalization.

We should do what no other country has done: to ensure that the humanitarian medical aid provided to girls and women in places such as Congo, Sudan and Burma-an endless list of countries-gives them choices and access to abortion when pregnancy is a direct result of rape as a weapon of war. This is a moral imperative and a legal obligation. The Geneva Convention requires that civilians and combatant victims receive non-discriminatory medical care, whether it is provided by the state in conflict or by others. Why, then, are pregnant rape victims given discriminatory medical care through the routine denial of access to abortion? The embedded inequality towards women in conflict settings has been recognised by the Security Council in such historic resolutions as 1325 and 1820. Equal justice for women is not limited to the courtroom, it must be extended to supporting those women who are victims of the inhuman practice of rape as a weapon of war.

I draw the attention of the House to the recent report of the Harvard Humanitarian Initiative and Oxfam, which details examples of the impact, stigma and suffering of raped children and women in Congo, Sudan and elsewhere, where no legal provision exists to support them. It also mentions that women should be given preventive care-that is, utilisation of contraception-as though women who are raped can be prepared for such horrors.

One of the solutions proposed by women’s organisations, including the international human rights organisation the Global Justice Center, is that access to abortion must be a critical part of the support available to women. The centre filed a shadow report with the Human Rights Council asking it to recommend that the US remove the prohibitions put on humanitarian aid to rape victims in conflict, as it violates the US obligation under the Geneva Convention. The UK can and must support this issue by asking questions of the US during the council’s review process due shortly.

I know that these are difficult matters for many individuals and countries to address, and international donor communities have thus far resisted pressurising countries to review their policies. Neither criminal abortion laws in the conflict state nor foreign aid contracts with the United States can serve as defence to a state provision of discriminatory medical care to all victims under international humanitarian law.

Time is short, and I should have liked to highlight many examples of countries such as Bangladesh where the suffering and humiliation of rape has left decades of suffering, ill health and stigma. The UK must take a lead to end that discrimination. This will mark real progress towards the millennium development goals and towards ensuring equal rights for women under international humanitarian law.

Ten Years Later: Enforcing Security Council Resolution 1325 for the Women of Burma

The passage of United Nations Security Council Resolution 1325 (SCR 1325) in 2000 was a legal milestone for women’s equality. For the first time, the UN Security Council not only recognized the gender-specific impact of conflict and historic gender discrimination in criminal accountability, it also underscored the need for women to participate in postconflict reconstruction. Ten years later, the military junta in Burma continues to flout this legal obligation through the routine and systematic use of gender based crimes and the utter exclusion of women from peacebuilding processes. To ensure respect for the legal obligations set out in SCR 1325, the international community must address the situation on the ground for women in Burma, and women of Burma in exile.

Rampant Impunity for Gender Based Crimes
There is substantial documentation that sexual violence is used by the military junta against ethnic women in Burma as a means to consolidate military rule and destroy ethnic communities. Virtually none of the perpetrators have been brought to justice. These crimes are a threat to international peace and security.

Three concrete examples of this sexual violence include:

  • October 23 to November 4, 2004 – Four Mon women held by SPDC troops at their base and repeatedly gang raped (Catwalk to the Barracks, Mon Women’s Organization, 2004)
  • October 9, 2006 – Palaung woman raped, her skull cracked open and stabbed four times in her left breast (Rights Yearbook, Human Rights Documentation Unit, 2006)
  • October 10, 2006 – Three naval cadets raped a 14 year old girl, none of the cadets were punished and the girl was forced to marry one of her rapists. (Burma Human Rights Yearbook, 2006)

On July 15, 2009, Burma was reported to the Security Council by the Secretary-General as a country violating Resolution 1820, citing to the impunity afforded to the military’s systematic use of sexual violence against women. Security Council Resolutions 1325, 1820 and 1888 note that such crimes against women can constitute war crimes, a crime against humanity or a constituent act with respect to genocide. The Resolutions require that all perpetrators of these crimes be prosecuted in either domestic or international courts. SCR 1820 specifically recalls the Rome Statute to the International Criminal Court and prohibits any amnesties for these crimes.

Exclusion of Women from the Peacekeeping Process
Women’s peacebuilding organizations are based in neighboring countries, mainly Thailand, as a result of the stranglehold the military regime executes over all aspects of political, social and economic life in Burma. Under a constant threat to their safety, women’s organizations operate on very limited resources, and without the partnerships of UN bodies in the region. These women’s organizations are working tirelessly and courageously in the harshest of conditions to document the increasing human rights abuses by the military; and to educate women on their rights to political empowerment. However, despite the important perspectives these groups offer they are excluded from any international dialogue that takes place about Burma.

The International Community Must Uphold the Legal Obligations of SCR 1325
Recognizing that systematic crimes of sexual violence trigger the United Nations Security Council obligations under Resolution 1325 and 1820 to provide justice and accountability, the Global Justice Center advocates for the immediate launch of a Commission of Inquiry in Burma and a Security Council referral of the situation in Burma to the International Criminal Court (ICC).

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Global Justice Center Challenges the Abortion Speech Censorship Imposed by the U.S. on all Foreign Aid Recipients, at the UN Human Rights Council

FOR IMMEDIATE RELEASE - May 26, 2010

[NEW YORK, NY] - The Global Justice Center, in a submission to the UN Human Rights Council, challenges the censorship of abortion related speech imposed on all U.S. foreign aid. The Global Justice Center identifies the alarming effects of this censorship, including denying impregnated rape victims in conflict access to information about abortion services. “For the United States to prevent women and girls who have been gang raped and impregnated by the military in places like the Congo, Sudan, or Burma from their full range of medical treatment options, including abortion, is cruel, inhumane, and violates fundamental international laws such as the Geneva Conventions,” says Global Justice Center President Janet Benshoof. “It is not what America stands for.”

Crafting Human Security in an Insecure World

An international working conference co-convened by the Global Justice Center (GJC), B. Kroc Institute for Peace & Justice (IPJ), Geneva Centre for the Democratic Control of Armed Forces (DCAF), United Nations Development Fund for Women (UNIFEM), United Nations International Research and Training Institute for the Advancement of Women (UN-INSTRAW) to probe and address global acquiescence to impunity, gender violence and exclusion that continues to obstruct peacebuilding and deny human security.

September 24 – 26, 2008 
Joan B. Kroc Institute for Peace & Justice  
San Diego, CA 

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Criminal Accountability for Heinous crimes in Burma, A Joint Project of the Global Justice Center and the Burma’s Lawyers’ Council

FOR IMMEDIATE RELEASE - July, 2008

[NEW YORK, NY] - The Security Council should act under its Chapter 7 powers and end the impunity accorded the Burmese military junta for crimes perpetrated against the people of Burma. The junta uses torture, gang rape of ethnic women, slavery, murder, mass imprisonment, and abduction of children to fill military quotas in order to retain its power in what is a failed state. These acts go far beyond a repudiation of democracy; they are criminal violations of international humanitarian and human rights law, including violations of the Geneva Conventions. There is a growing international consensus that no safe harbor should exist for perpetrators of heinous crimes. The Project on Criminal Accountability for Heinous Crimes in Burma seeks a Security Council resolution establishing an Independent Commission of Inquiry to investigate the commission in Burma of the most serious of crimes of concern to the international community as a whole, which threaten the peace, security and well being of the world.

In the Wake of Historic Resolution 1820 on Sexual Violence in Armed Conflict Women of Burma and International Lawyers Call on the Security Council to Refer the Situation in Burma to the International Criminal Court

FOR IMMEDIATE RELEASE—June 20, 2008

[NEW YORK, NY] - The United Nation’s Security Council took a historic step with the passage of Resolution 1820 on Sexual Violence in Armed Conflict. Resolution 1820 recognizes the importance of full implementation of Resolution 1325 on women, peace and security and reaffirms the Security Council’s commitment to end sexual violence as a weapon of war and a means to terrorize populations and destroy communities. For this commitment to be meaningful, the Security Council must provide justice for victims of sexual violence in armed conflict even when it is not politically convenient.

GJC’s Partner Group Submits Recommendations to UK Iraq Commission

FOR IMMEDIATE RELEASE  June 18 2007

NewYork, NY  – The UK-based International Coordination for Gender Justice in Iraq (ICGJI) last week submitted recommendations to the Iraq Commission, the independent cross-party UK commission to examine the future of British commitment in Iraq.

PBS Newshour, "The Darfur Crisis"

PBS Newshour published an article titled "The Darfur Crisis?" on sexual violence in Darfur. The article quoted GJC President Janet Benshoof on international prosecutions for perpetrators of sexual violence.

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GJC Commends Iraqi Prosecutor for Including Rape in Closing Arguments of Kurdish Genocide Trial

FOR IMMEDIATE RELEASE—April 10, 2007

[NEW YORK, NY] The Global Justice Center, an NGO that advocates for women’s human rights through the rule of law, commends Prosecutor Monquth Al Faroon for including the charges of rape and sexual violence against the perpetrators of the Kurdish genocide in his closing arguments for the Al-Anfal trial in Baghdad. That the IHT Prosecutor identified these crimes, alongside other crimes such as torture, forced displacement and murder, is a significant step towards ending impunity for crimes of sexual violence committed under the Saddam Hussein regime.

Iraqi Women's Rights and International Law

The Women’s Alliance for a Democratic Iraq (WAFDI) and the Global Justice Center (GJC) jointly organized a three-day conference on women’s rights and international law November 13th – 15th at the Dead Sea, Jordan.  Attendees included twenty members of the Iraqi High Tribunal (IHT) and representatives from the President’s office, the Prime Minister’s office, the Parliament, the Ministry of Human Rights as well as prominent members of civil society.  The conference addressed a crucial subject for women in Iraq: sexual violence, as a war crime, a crime against humanity and an instrument of genocide, and its drastic impact on the victims.  This issue was addressed in the context of international law and its role in the IHT, with an eye towards having the IHT address these crimes in its upcoming indictments and judgments.

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