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Global Justice Center Blog

Todd Akin Redux! – Rep. Rick Berg Supports Prison for Rape Victims Choosing Abortion

Senatorial Candidate Rep. Rick Berg. Credit: David Samson, The Forum of Fargo-Moorhead.

Hot on the heels of Rep. Todd Akin’s “legitimate rape” firestorm, yet another senatorial candidate has taken an extreme and inhumane stance on a rape victim’s right to choose. In 2007, Rep. Berg (R-ND) voted in favor of a bill that would criminalize abortion, even in cases of rape. The North Dakota penal code knows four categories of felony, ranging from AA to C with AA carrying the severest punishment of a life sentence. It is telling that the bill Berg voted for lists abortion as Class AA “crime”. Horrifically enough, sexual crime classifies as category B offense. In essence, the bill results is a penal system that punishes the victim and not the perpetrator.

The bill was never signed into law, and even if it were, the Supreme Court would have struck it down as unconstitutional. Yet, while Republicans and Democrats have both distanced themselves from these views calling them extreme in domestic policy, punishing war rape victims is mainstream in American foreign policy.

Last year the Global Justice Center launched our “August 12th” campaign, and we continue leading the charge to urge President Obama to issue an executive order lifting the abortion ban on US humanitarian aid, a policy that “twice tortures” war rape victims by denying them their full medical rights, including access to safe abortion services. Consistent with Rep. Berg’s views, USAID’s policy bars recipients of American aid from providing critical services and information about safe abortion options to girls and women in conflict zones impregnated through rape—even in life-threatening cases. These recipients include NGOs and other humanitarian agencies working on the ground in conflict areas such as Burma, Congo or the Sudan, where rape is systematically used as a weapon of war. Current US policy hinders these organizations in helping rape victims. The Atlantic recently published a GJC article about this critical issue. The 1973 Helms Amendment, which is cited as the legal background for USAID’s policy, only prohibits the funding of abortion as a means of family planning—it should not be interpreted as applying to cases of rape or where a woman’s life is in danger. In fact, the current interpretation undisputedly violates international humanitarian law and the Geneva Conventions. It is time to change this.

In wake of the Akin scandal, President Obama emphasized a women’s right to make her own health choices. It is now time for the President to take action and issue an executive order lifting the ban. Restore full medical rights to these girls and women who have suffered the horrors of rape and war.

DNC: Rhetoric vs. Action

From the Wall Street Journal to CNN, everybody feels Democrats at the DNC have been relentless about women’s right to make their own choices. According to Michelle Obama, the president believes women “are more than capable of making our own choices about our bodies”. In the words of Nancy Pelosi, a vote for President Obama is “a vote for women’s rights”. Deval Patrick would keep the government out of a woman’s decision whether to keep an unwanted pregnancy. Obama himself says Washingtion politicians “should not control women’s health care choices”.

Why then does America’s government, through the the policies of USAID, deny the right to an abortion for girls and women systematically raped in conflict areas like the Congo, Burma and the Sudan? Join the GJC’s August 12 campaign and urge president Obama to lift the abortion ban.

Rep. Roscoe Bartlett Supports False Claim of Nearly Nonexistent Pregnancy Rates Resulting From Rape

Once again, we are left speechless by the extreme rhetoric used to describe rape victims. Rep. Roscoe Bartlett (R-MD) added vitriolic fuel to the controversy sparked by Rep. Todd Akin’s comments regarding pregnancy rates resulting from “legitimate rape.” In addition to the offensive attempt to distinguish acts of rape – rape is rape; their claim of nearly nonexistent pregnancy rates resulting from rape is scientifically entirely false.

One would imagine that since Akin’s comments gained international scorn, politicians would be more prudent and rational when discussing the topic of abortion. The lesson to be learned clearly went amiss for Rep. Bartlett who, in a similar comment to Akins’ said, “There are very few pregnancies as a result of rape, fortunately, and incest — compared to the usual abortion, what is the percentage of abortions for rape? It is tiny. It is a tiny, tiny percentage.” The remark, was made at a town hall meeting when pressed to reiterate his stance on abortion. And while he recently modified his stance to include exceptions of life threatening situations, rape, and incest, his comment reflects an ignorance about the horrors of rape and its devastating consequences.

Yet despite immediate condemnation, the fact is US foreign policy does not stray far from Bartlett and Akin’s beliefs. The US currently places a blanket ban on abortion aid, denying abortion options to girls and women raped in war. According to the 1973 Helms Amendment, “no foreign assistance funds may be used to pay for the performance of abortion as a method of family planning.” USAID wrongly interprets this statement to include circumstances of rape. This inhumane policy does not even allow for abortion in the case of life-threatening circumstances. For women and girls in nations such as Burma, Sudan, and Congo where systematic rape is used widely as a weapon of war, this ban on abortion “twice tortures” them. Furthermore, this policy is in direct conflict with international law and the Geneva Conventions, which guarantee indiscriminate medical care for victims of rape. As America continues its national discussion of abortion laws, it is critical that we do not forget those suffering abroad from the horrors of rape and war. President Obama must seize this moment to act. Join the Global Justice Center in urging him to issue an executive order lifting the ban. It is a necessary step to help victims of rape in conflict areas and to show solidarity with rape victims everywhere.

As Aung San Suu Kyi Visits US, International Law Violations in Burma Constitution are Highlighted

Burmese democracy leader Aung San Suu Kyi’s is in Washington DC today to received the Congressional Gold Medal. She will also be meeting with President Barack Obama. This is a proud moment for the Burmese community and for the Global Justice Center, which has worked tirelessly on democracy issues in Burma.

However, we also recognize that Burma’s transition to democracy is far from complete. A major obstacle continues to be the country’s constitution, which entrenches military influence over Burma’s civilian government. Daw Suu Kyi said herself that amending the constitution must be a top priority, and we agree with her. The Global Justice Center calls for the international community to challenge the constitution as a violation of fundamental international law—including the UN Charter.

Burma has seen substantial change these past few years; a civilian government was formed, political prisoners were released (Suu Kyi herself being one example), and, this April, opposition parties were allowed to take part in the by-elections, carrying 43 out of 44 open parliamentary seats (but continuing to exert little influence overall). However, Burma has yet to fully commit to democracy. The Burmese civilian government still owes its parliamentary majority to the fraudulent elections of 2010, and the current constitution hinders further democratization and gives complete autonomy to the military. This makes it nearly impossible to prosecute Burma’s military rulers, who are guilty of egregious crimes—including the use of systematic rape of ethnic women as a weapon of war, torture, forced relocation and forced labor. All are rampant violations of fundamental international law, including the Geneva Conventions and the UN Charter. The impunity accorded to the military under the current constitution leaves civilian victims, particularly those in the conflict areas of the Burmese border, virtually without legal protection. Activities of the Myanmar military are also in breach of a set of agreements that govern nuclear development.

The Burmese government and the international community must ensure that Burma is meeting international law requirements. Yet, because the constitution gives the military a “legal vacuum” the government would be legally unable to fulfill these obligations. Thus Burma’s new constitution stands in breach of core international commitments.

The Global Justice Center urges the international community to stand with the people of Burma and challenge the legality of the constitution.

(For an in-depth analysis of the constitution and restraint it puts on the civilian government, read GJC president Janet Benshoof’s report, co-written with the Burma Lawyers Council or see the Global Justice Center Project Page on Burma.)