November 23, 2017: Joint letter from 90 humanitarian and human rights to the European Commission calling on them to provide abortion services to women and girls in war zones.
Abortion Access in Conflict
On Population, Development and Reproductive Health inquiry on “Abortion in the Developing World and in the UK”
This factsheet outlines IHL’s various provisions that protect abortion services for female victims of conflict.
By Julia d'Amours
On September 7th, Senate lawmakers presented “a twofold rebuke” to the Trump Administration’s abortion policy. The proposed legislation would reinstate funding to the United Nations Population Fund and overturn the Global Gag Rule, a hallmark Republican presidential policy that bans US support for international organizations that offer or promote abortion services.
The first segment of the bill regards support for the UN Population Fund (UNFPA), which has a winding and tumultuous relationship with the United States. The UNFPA aimsto promote family planning, maternal health resources, and improved childcare in developing countries. It was founded at the urging of President Nixon in 1969, with the US being one of its core leaders. By 1984, however, President Reagan became one of the UNFPA’s greatest adversaries, accusing it of supporting the Chinese “one-child” policy. He pulled funding from UNFPA through the Kemp-Kasten anticoercion law, which revoked US support from any organization that “supports or participates in the management of a program of coercive abortion or involuntary sterilization”. Since then, funding for the UNFPA has waxed and waned with the party of presidential leadership, with Democrats offering support for the organization and Republicans being quick to rescind it.
The second facet of the proposal is an amendment presented by Jeanne Shaheen (D- New Hampshire) to undo the “Mexico City Policy”. The Mexico City Policy, also known as the Global Gag Rule, bars federal aid to foreign organizations that provide or promote abortion. Under Trump, however, the policy has been expanded to all organizations that receive global health funding, such as those offering maternal health, anti-Zika, and preventative HIV/AIDs programs.The proposed legislation would undo Trump’s reforms, limit future efforts to reinstate the Mexico City policy, and restore US funding to UNFPA. The Amendment narrowly passed in a 16-15 vote with Republican Senators Susan Collins (Maine) and Lisa Murkowski (Ark) casting the final votes in favor.
The proposal has been praised across party divides. Shaheen applauded the bipartisan support for the new policy, claiming it would “preserve and restore funding levels for international organizations that help to prevent over 50 million unintended pregnancies around the world, and reduce the number of maternal deaths we see from those accessing unsafe abortions when the lack of family planning leaves them without options.” Family planning proponents hailed the move for “sending the message that the lives of girls, women, and families who rely on reproductive healthcare matter here and abroad,” said Brian Dixon, Senior Vice President of the Population Connection Action Fund.
Despite the acclaim, the future of the amendment remains uncertain. Unlike previous efforts to reinstate UNFPA funding and repeal the Global Gag Rule, the amendment has to pass through a Republican Senate, House, and Executive branch. Social conservatives in the House have controlled the US reproductive health agenda since 2011. Typically, the Senate has rebuked their more radical proposals, but now that social conservatives have more control there, the fate of the bill is even more uncertain. Remarked Dixon, “[the bill] has to be passed by the full Senate… It’s hard to know what they’re going to do… At some point, these two bills are going to get negotiated into something that both houses will pass.” Senator Lindsay Graham (R- S.C.) commented that the GOP-dominated house would insist on keeping Trump’s policy in place. “This is the same debate we have every year, probably with the same outcome,” he claimed.
Another indication of the amendment’s uncertain future is that the House spending plan includes no financial provisions for it, hinting that the proposal is unlikely to pass or at least will be watered-down before becoming law. Historically, Capitol Hill has opted to retain a traditional budget that preserves the status quo, and the foreign aid required to enact an amendment restoring funding for the UNFPA and rescinding the Gag Rule could amount to as much as $8.8 billion.
This bureaucratic push-and-pull between Republicans and Democrats on the Global Gag Rule may appear strictly political, but it has a very real effect on people’s lives and health throughout the developing world. For example, the Lesotho Planned Parenthood Association received 426,000 condoms from USAID over two years during the Clinton Administration. Once the Gage Rule went back into effect upon the election of Geroge W. Bush, the shipments ceased because the association was the only accessible conduit for condoms in the entire country, in which one in four women was HIV/AIDS positive.
Nor do Republicans’ intentions to curb abortions through rescinded funding seem productive. The claim that cutting family planning funding will make “abortion more rare” has never been supported with data. Studies by Stanford University and a survey of abortion rates in Ghana have shown the contrary to be true. Moreover, cuts to family planning services means abortions are more likely to be performed unsafely, a leading cause of maternal death.
The global trend towards liberalizing family planning services throughout the world indicates the common understanding that access to family planning services and abortion is a right and essential dimension to healthcare. Limiting maternal health and family planning resources does not reduce rates of abortions, but raises the death tolls for women and their children, meaning Republicans’ “pro-life” policy is actually the contrary.
By Julia d'Amours
Chile proceeds with the repeal of its total anti-abortion laws. In August, legislation was presented to permit abortion in three cases: if the life of the mother was in danger, if it the fetus would not survive, or if the pregnancy was a result of rape. Lawyers argued that a total abortion ban was inhumane and a violation of women’s rights. Though polls indicate more than 70 percent of the population supports more lenient abortion laws, the Catholic Church and elite upper class staunchly opposed the bill. The repeal is considered a major victory in women’s rights and reproductive rights, and many hope it will lead to similar legislation in the region.
Last Friday, Kenya’s Supreme Court ruled that the re-election of the sitting president would be revisited after discovery that the vote counts had been irregular. It is the first example in Africa in which a court voided the re-election of an incumbent. Many are at unease considering Kenya’s fragile political landscape—the last disputed election in 2007 resulted in at least 1,300 dead and 600,000 displaced around the country.
On Sunday, Cambodia arrested Kem Sokha, the main opposition leader, accusing him of treason. This follows accounts of government harassment on the free press and expulsion of NGOs, such as the pro-democracy National Democratic Institute. A Human Rights Watch official called the arrest “a disastrous setback” for Cambodia as the country prepares for elections next year.
On Monday, Malala Yousafzi joined an increasing number of human rights activists in publicly criticizing Myanmar’s effective leader Aung San Suu Kyi for the treatment of the Rohingya Muslim minority in Burma. More than 73,000 Rohingya have fled into Bangladesh after they were attacked by Burmese military factions on August 25th. The UN special rapporteur for human rights in Myanmar has described the situation as “grave.” Widely seen as a champion of democracy, Suu Kyi has remained quiet on the subject of the Rohingya.
On Tuesday, President Trump broke headlines by announcing the end of DACA—the federal program that protected nearly 800,000 young undocumented immigrants who were brought to the US as children. He claimed DACA’s establishment was an abuse of electoral power and rebuking it would establish rule of law. Many of those enrolled in DACA already have families, started careers, or enrolled in higher education in the US. Permits that are set to expire in the next six months will be renewed, but the Department of Homeland Security will stop processing new applications for the program. Officials say there will be no formal guidance that former DACA recipients are not eligible for deportation.
On Wednesday, the Trump Administration introduced a Security Council resolution that would empower the United States Navy and Airforce to interdict North Korean ships and evaluate if their cargo contains military equipment. It also included a ban on the shipment of crude oil, petroleum, and natural gas, which would have severe results for the North Korean population as winter approaches, and aims to block the assets of Kim Jong-un. The resolution is careful not to encompass a total blockade, which is an act of war, but permits the US and UNSC to “nonconsensual inspections.”
On Thursday, a federal appeals court permitted thousands of refugees who had been blocked by President Trumps’ travel ban to enter the country. Since June, the government has frozen refugee resettlement applications and brought resettlement programs to a standstill. Yesterday’s ruling mandated that the government resume refugee resettlements in the next five days. It also upheld a lower court decision that exempted grandparents and other relatives from the ban. A Justice Department representative remarked that they will appeal the decision to the Supreme Court.
Also on Thursday, the High Court of Australia ruled that a postal survey on the legalization of gay marriage was legitimate, despite the objections of same-sex marriage advocates. The results of the survey could not make same-sex marriage legal or illegal, but it could spark a vote in Parliament. Polls suggest that a “yes” vote in favor of legalizing gay marriage will prevail. The results will be announced the 15th of November.
FOR IMMEDIATE RELEASE - September 8, 2017
[NEW YORK, NY] – On Thursday, the Senate Appropriations Committee moved to reinstate funding for the United Nations Population Fund and overturn Trump’s reinstatement and expansion of the Global Gag Rule. Sen. Jeanne Shaheen from New Hampshire proposed an amendment to the 2018 State and Foreign Operations Appropriations Bill that would overturn Trump’s expanded version of the Gag Rule, reinstate US contributions to UNFPA and limit the power of any future president to reinstate the Gag Rule. The amendment was approved with the votes of two female republicans, Senator Collins from Maine and Senator Murkowski from Alaska, but still needs to pass the full senate to become law.
GJC President Janet Benshoof and CHANGE President, Sierra Sippel wrote an op-ed in Newsweek urging for stronger legal protections for women in the United States.
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.
Join the Global Justice Center and CHANGE for a Twitter Relay on Friday, August 11, 2017, 1-2pm
Below you will find our social media toolkit with sample tweets and primary hashtags.
Thursday, abortion rights groups—including the Center for Reproductive Rights and Planned Parenthood— filed a lawsuit against Texas over new abortion restrictions. Six weeks ago, Texas passed Senate Bill 8, which bans the most common and safe type of second-trimester abortion. It also requires healthcare providers to bury or cremate fetal remains, whether they’re from abortions, stillbirth or miscarriages. The lawsuit seeks an injunction and a ruling that the law is unconstitutional. Seven other states have created similar bans, and legal challenges have been filed against the bans in three. This is the third time this year that Texas has defended its abortion restrictions in federal court.
Friday, The New York Times reported on how nondisparagement agreements hide sexual harassment in the workplace by creating a culture of secrecy. They are becoming increasingly common and are often included in the standard employment contracts of many industries, especially the tech industry. They can have a chilling effect that prevents women from speaking up or taking legal action on harassment. Harassers are able to continue their behavior, and women are unable to know the history of their workplaces and colleagues.
Saturday, across the Middle East, public awareness campaigns are pushing to repeal marry-your-rapist laws—laws that allow rapists to avoid criminal prosecution by marrying their victims. The laws are based on ideas that a family’s honor depends on a woman’s chastity, and marriage after a rape can avoid scandal for the family. Activism and women’s education have propelled the movement against the laws. Morocco repealed their law in 2014, and votes are coming in Lebanon and Jordan.
Tuesday, the Guardian published an extended feature piece on Yazidi women. It shares the stories of women who were there when ISIS carried out a mass abduction of women that led to institutionalized rape. It also focuses on the way the Yazidi women are continuing a long history of resistance. “It was only much later in my reporting on how some Yazidi women managed to escape and return,” Cathy Otten writes, “that I became aware of how important stories of captivity and resistance were to dealing with trauma, both historically and in relation to Isis.”
Tuesday, Gillian Triggs, outgoing President of the Australian Human Rights Commission, said that human rights in Australia are “regressing on almost every front” and the government is “ideologically opposed to human rights.” She attributed the worsening human rights treatment to Australia’s lack of a bill of rights, causing the courts to be “very, very hamstrung in standing up for human rights.” She also said that counterterrorism legislation is centralizing government power and impeding on human rights without judicial supervision.
Thursday, over 180 Yazidi women and children captured by ISIS have been liberated since the operation to recapture Mosul began last year. As time goes on, they are coming home with increasing psychological and physical damage. Most women are in shock and sleep for days after their return. Many women are also showing “an unusual degree of indoctrination.”
Photo credit: Australia Human Rights Commission Flickr (CC-BY-2.0)
Thursday, the UK government released its “Repeal Bill”—the Brexit legislation that converts EU law into domestic law—and it’s missing the EU’s Charter of Fundamental Rights. Inclusion of the Charter was one of the Labour Party’s six requirements for support of the bill. The Charter guarantees a number of economic and social rights such as healthcare and the protection of personal data. Excluding the Charter could limit the ability to appeal bills that threaten those rights in court.
Monday, The Guardian showed “Why Donald Trump is bad for the health of the world – in five charts.” Most of these charts tie back to the Global Gag Rule, which will raise the abortion rate in sub-Saharan Africa, help triple Uganda’s population in 30 years by decreasing access to contraception, hurt funding to more than 60 countries and increase the number of unsafe abortions and maternal deaths. Trump’s 2018 budget also makes deeper cuts to global healthcare funding than ever before.
Wednesday, the United States eliminated its war crimes bureau, the Office of Global Criminal Justice. In Secretary of State Rex Tillerson’s restructuring of the State Department, he is downgrading the office to a section of the Bureau of Democracy, Human Rights and Labor. The demotion will make it more difficult to shed light on war crimes and prosecute war criminals. Three former U.S. Ambassadors-at-Large for War Crimes Issues condemned the decision in an op-ed, writing, “In effectively closing this office and eliminating the ambassadorial position, this administration removes the most potent diplomatic weapon in its arsenal and sends an unequivocal signal these are no longer priorities for the United States.”
Wednesday, Chile’s senate passed a bill legalizing abortion in some cases: when the pregnancy is a result of rape, when the fetus is unviable and when the mother’s life is at risk. Abortion had previously been illegal under all circumstances. The senate narrowly approved the bill, and it now proceeds to the house. President Michelle Bachelet, former Executive Director of UN Women, campaigned on changing the strict abortion law when she was re-elected in 2014.
Photo credit: UK Department for International Development Flickr(CC-BY-SA-2.0)
Thursday, an appeals court ruled that abortion law in Northern Ireland should be determined by a legislature, not by courts or local government. It ruled against a change in law to allow abortions in cases of rape or fatal fetal abnormality. Abortion restrictions are stricter in Northern Ireland than they are in the rest of the United Kingdom; it is legal only if there is a serious risk to the mother’s health or life. Abortion rights advocates are hoping the case will proceed to the Supreme Court. The same day, the UK government passed legislation allowing women in Northern Ireland to have abortions for free in England under the National Health Service.
Thursday, the state prosecutor’s office charged Antonio Benavides, the former head of Venezuela’s National Guard, with human rights violations. He was removed from his post last week and reassigned to a position as head of Venezuela’s Capital District government after a video of his troops shooting handguns at protestors was released. The office also said they had evidence that his forces used “excessive force” against demonstrators, tortured protestors, issued raids without warrants, and more. Anti-government protests have swelled in recent months, pushing for the resignation of President Nicolas Maduro and demanding general elections.
Monday, the New York Times reported that while the Trump administration has not followed through on policies that help women and families, states have. Experts say that states have been increasingly active on these policies, which have widespread support, because of the slow pace of policymaking in Congress. Recent state legislation includes paid family leave and breast-feeding breaks and lactation rooms in the workplace.
Wednesday, aid groups protested Australia’s decrease in foreign aid spending on family planning and urged the government to compensate for the family planning aid void left by the Trump administration’s Global Gag Rule. Their recently released overseas development assistance budget shows that aid funding for family planning went from AU$46.4m in 2013-2014 to $23.7m in 2015-2016.
Photo credit: Diliff (CC-BY-SA-3.0)
Friday, Missouri is moving toward passing a bill that would allow landlords and employers to discriminate against women who have had abortions or use contraception. The House passed an expanded version of the bill, known as SB 5, which the Senate first passed on June 14 during a special session called by Governor Eric Greitens. The session was intended to overturn an ordinance that prevents employers and landlords from discriminating against women because of their reproductive health choices. While the Federal Pregnancy Discrimination Act prohibits discrimination against women who have had an abortion, it makes no mention of discrimination based on birth control.
Thursday, the United States rejected a United Nations resolution against gender-based violence because of a paragraph calling for access to reproductive health services, including abortion where it is legal. U.S. official Jason Mack said that while the United States agrees with the “spirit” of the resolution, it cannot endorse the paragraph on reproductive services because t the U.S. does “not recognize abortion as a method of family planning, nor do we support abortion in our reproductive health assistance.”
Monday, the Polish government passed legislation restricting access to emergency contraception. The president signed a bill that classifies the “morning-after pill” as a prescription drug, meaning that women will now have to make a doctor’s appointment to obtain it. Polish doctors are allowed to refuse treatment based on religious grounds.
Monday, Zeid Ra'ad Al Hussein, UN High Commissioner for Human Rights, delivered a speech criticizing Western countries for undermining human rights, arguing that “the dangers to the entire system of international law are therefore very real.” He warned that U.K. Prime Minister Theresa May’s threat to abandon human rights if they hinder terrorism investigations would encourage authoritarian regimes. He also condemned the Trump administration’s travel ban and “flirtation” with torture.
Photo credit: Yassie CC-BY-SA-3.0
By Marie Wilken
The United States recently rejected a United Nations Human Rights Council resolution on violence against women because it contained language calling for access to abortion in countries where it is legal. This is yet another example of the Trump administration using international aid and laws to limit access to abortion around the world. Like the Global Gag Rule, this rejection ignores that in addition to infringing on reproductive rights, these actions have many negative ramifications that are unrelated to abortion.
After a resolution aimed at eliminating violence and discrimination against women, introduced by Canada, was adopted by consensus, the United States dissociated from the consensus because of a sentence about abortion. While abortion was not a primary focus of the resolution, it stated that all women should have access to “comprehensive sexual and health-care services” including “safe abortion where such services are permitted by national law.” U.S. First Secretary to the U.N. in Geneva Jason Mack delivered a statement saying that the U.S. agrees with the “spirit” of the resolution but cannot endorse the paragraph on reproductive services because the U.S. does “not recognize abortion as a method of family planning, nor do we support abortion in our reproductive health assistance.”
This is not a singular action; its motivations and effects parallel other Trump administration policies. Congress’s new health care bill defunds Planned Parenthood—a policy that, though driven by anti-abortion sentiment, will have a much broader impact on women’s health care. This year President Trump reinstated and greatly expanded the Global Gag Rule. The administration refuses to fund international aid even loosely related to abortion, and its rejection of the UN resolution suggests it is adopting a similar approach toward international law. Because of the Gag Rule, organizations are afraid to even reference abortion out of fear of losing their U.S. funding. There is now fear that the same chilling effect to mentions of abortion and other reproductive rights will spread to international law. The Global Gag Rule, health care bill, and rejection of the UN resolution not only violate women’s reproductive rights, but all also deny women unrelated services and protections.
The United States’ resistance to international reproductive rights is dangerous. By denying women around the world safe and accessible abortion, it risks the lives of women and girls. Approximately 830 women die from preventable pregnancy- and childbirth-related causes per day. U.S. policy forces some of the world’s poorest women to choose between giving birth to a child they cannot afford to care for and seeking an unsafe abortion. The World Health Organization estimates that approximately 225 million women in developing countries want to prevent pregnancy but are not using contraception, mostly due to the limited reproductive health services available. The administration’s policies are also dangerous because of the message they send the international community about abortion and U.S. ideals. Abortion is a reproductive right, and reproductive rights are an essential aspect of women’s rights—but Mack’s statement separated abortion from other rights and reproductive health services and demonized it. He wielded United States influence over international norms to push them backwards, away from progress toward equal protection of rights.
Because of one sentence on abortion, the United States obstructed the entire resolution. In addition to attacking women’s reproductive rights, the U.S. missed its opportunity to show commitment to improving the lives women through preventing violence and eliminating discrimination. By doing so, the Trump administration reaffirmed its willingness to sacrifice women’s rights, health care, and even lives.
Sexual violence in today’s armed conflicts is systematically used against civilians to demoralize, destroy, terrorize, and even change the ethnic compositions of entire communities. For instance, the ongoing Syrian civil war has seen an estimated 50,000 rapes. Women there describe being drugged, blindfolded, and raped in groups. In Iraq, ISIS has systematically abducted girls and women, held them in captivity, and repeatedly subjected them sexual violence including rape and sexual slavery. In Darfur, Sudan, where sexual violence has been used as a tactic of war for over 12 years, a 2015 attack in Tabit included the mass rape of over 200 women and girls in the span of three days. Finally, in Nigeria, Boko Haram openly targets young girls for kidnappings, forced marriage, rape, sexual slavery and other forms of gender-based violence.
Today, thousands of girls and women raped and impregnated in armed conflict are routinely denied abortions with devastating consequences. A girl or woman who is a victim of war rape and is denied an abortion when she wants one often has three options: (1) undergoing an unsafe abortion; (2) carrying to term an unwanted pregnancy; or (3) committing suicide. The denial of abortion services to these victims is both illegal and inhumane.
In the context of armed conflict, the rights of war victims are protected under international humanitarian law. Specifically, victims of war rape are part of a special class of people called “wounded and sick in armed conflict.” This status means they are entitled to comprehensive and non-discriminatory medical care provided solely on the basis of their condition. Failing to provide – or denying – a medical service needed only by one gender (i.e. abortion) violates these absolute rights.
Abortion as protected medical care under international humanitarian law has increasingly been recognized by states, international policy makers, and legal experts on international humanitarian law. This document complies language and citations of laws, policies, authoritative declarations of public officials, and legal treatises, that affirm abortion as protected medical care for girls and women raped in war under IHL.
Friday, the New York Times published an editorial about the United States' mixed messages on human rights. While U.S. ambassador to the United Nations Nikki Haley emphasized U.S. commitment to human rights in her address last week, the editorial board writes, “In President Donald Trump’s transactional worldview, human rights are annoying obstacles to making deals.”
Friday, Devex reported that Sweden’s state secretary for international development, Ulrika Modéer, said that Nordic countries cannot fill the gap created by the U.S. Global Gag Rule alone. She said the European Union must take more action on family planning, and non-European countries need to join alliances for reproductive rights.
Monday, Canada released an International Assistance Policy that heavily focuses on gender equality. Within five years, Canada will allocate 15% of its international aid to gender equality programs. Its Women’s Voice and Leadership Program will direct funding to international grassroots organizations that promote women’s rights and gender equality.
Monday, Politico published an investigation into the gender imbalance in U.S. politics. It found that barriers like media and voter sexism, party influence, and fundraising have lessened in importance. Now, the gap stems mostly from the lack of women who run for office. Interest has spiked since the presidential election, however. Politico suggests a few strategies for encouraging this interest: identifying female candidates earlier, pushing women elected to bodies like school boards to run for higher office, and changing the sales pitch used to recruit women by framing politics as a way to fix problems.
Tuesday, the United Nations ruled Ireland’s abortion ban to be a human rights violation. In 2010, an Irish woman traveled to the U.K. to terminate her pregnancy when she learned that the fetus had a fatal birth defect. The United Nations Human Rights Committee released a decision ruling that Ireland owes her damages for the cost of the abortion and “high level of mental anguish.” The UN made a similar ruling on Ireland’s laws last year.
Photo credit: Dmitry Dzhus Flickr CC-BY-2.0
GJC's President, Janet Benshoof wrote a piece for Ms. on Trump's $8.8 billion expansion of the Gag Rule and the fight against US abortion restrictions.