Originally posted at Asia Justice Coalition Three years after the Myanmar military launched its campaign involving acts amounting to crimes against humanity and acts the UN's Fact-Finding Mission determined may amount to genocide against its Rohingya Muslim citizens, the Asia Justice Coalition today joins the Rohingya community in remembering and honouring their victims and survivors. Over a million Rohingya remain refugees, most of them in Bangladesh, but also scattered in other countries including Malaysia, India, Thailand, Indonesia and in Europe. Some 126,000 individuals have also been internally displaced and are living in dire conditions. We reflect on the need for justice for the Rohingya, including through investigations and prosecutions of those individually responsible for crimes under international law committed against the Rohingya, and to uphold their right to safe, dignified and voluntary return. We recognize the global efforts undertaken so far, and encourage further action to ensure ensure truth, justice, and reparations for the Rohingya.

WASHINGTON — Today, the Blueprint for Sexual and Reproductive Health, Rights, and Justice released First Priorities, a detailed punch list of executive and agency actions for the opening days of an incoming administration. First Priorities is based on the Blueprint, a bold, intersectional, and proactive policy agenda to advance sexual and reproductive health, rights, and justice released last year and developed by a diverse coalition of more than 90 organizations.  First Priorities for the Blueprint for Sexual and Reproductive Health, Rights, and Justice is a roadmap for an incoming administration’s first days. It lists specific actions centered around six key points and milestones:

Abortion is Health Care Everywhere Act would repeal the Helms Amendment, which bars U.S. foreign assistance funding for abortion, expanding abortion access globally

Dear Friend, In this age of runaway nationalism, GJC has never wavered in its fight for both fully realized human rights protections and systems of accountability to enforce those protections. During last week's UN Security Council Debate on conflict-related sexual violence, we stood in solidarity with brave activists taking member states to account for their failure to meaningfully act to protect the rights of victims. Back in the US, we blasted Secretary of State Mike Pompeo and his illegal "Commission on Unalienable Rights" as the draft of the commission's final report was released. Human rights need committed, zealous defenders. We thank you for fighting with us.

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Human Rights Groups Issue Statement in Response to Today’s Release of the Commission on Unalienable Rights’ Report

Washington, D.C. — This afternoon, Secretary Pompeo and his Commission on Unalienable Rights released their report on human rights at the National Constitution Center in Philadelphia, despite the health concerns of holding an in-person event during the coronavirus pandemic. The report is the product of a Commission that was unlawfully formed with a narrowly chosen membership made up of academics with little human rights experience and long records of opposition to the rights of women and the LBGTQI community. The Commission also unlawfully shut the public out of its work, leading Democracy Forward and four human rights organizations to file a lawsuit against the State Department.

In response to today’s release of the report, Democracy Forward, joined by Robert F. Kennedy Human Rights, CHANGE (Center for Health and Gender Equity), Council for Global Equality, and Global Justice Center, issued the following statement:

Secretary Pompeo’s Commission on Unalienable Rights has produced a biased, pseudo-academic report that purports to clarify the grounding for U.S. human rights advocacy abroad. It fails in that objective, neither laying the groundwork for better human rights advocacy nor explaining why the Trump administration has done so little to stand on principle against human rights denials by other countries.

From day one, the Secretary and his Commission have flouted federal law. The State Department unlawfully stacked the Commission with members hostile to LGBTQI and sexual and reproductive rights, excluded career diplomats and mainstream human rights groups, and denied the public a meaningful opportunity to engage with the Commission and follow its work. Indeed, the report claims that abortion and same-sex marriage are not rights but “divisive social and political controversies.”

The Commission has not only ignored federal law in its procedures but has grossly wasted taxpayer resources. The report unveiled today is the fruit of a poisonous tree. Secretary Pompeo should be admonished for these failings, and neither he nor the State Department should be permitted to rely on the recommendations made by this unlawful Commission.

Learn more about the unlawful Commission and our suit to shutter it here.

NEW YORK — United Nations Secretary-General António Guterres released a report this week on sexual violence in conflict. It is the 11th report on the issue since the creation of the secretary-general’s Special Representative on Sexual Violence in Conflict in 2010.

Grant Shubin, legal director of the Global Justice Center, issued the following statement:

“The secretary-general’s report should be commended for clear progress it makes in several areas, including recognizing the intersecting identities of survivors, the need to move from political commitments to actual compliance, and the focus on a rights-based survivor centered approach. Still, we need to see stronger commitments to ensure sexual and reproductive health for survivors.

“We’re a year out from a Security Council resolution thatcalled for a survivor-centered approach to conflict-related sexual violence and nevertheless are witnessing unprecedented attacks on women's bodily autonomy. The secretary-general could have made it unequivocally clear, like he has in multiple reports in the past, that we must fund and support comprehensive and non-discriminatory sexual and reproductive care, including abortion services and emergency contraception.”

Notably, the secretary-general’s report again included Myanmar’s military, the Tatmadaw, in its annex of parties responsible for conflict-related sexual violence.

“We should note the report’s inclusion of the Tatmadaw is directly contrary to what Myanmar’s internal investigation, the ICOE, found. This is another reminder that the ICOE was not a credible investigative body and did not produce a credible report. Domestic avenues for real accountability in Myanmar are non-existent.”

NEW YORK — The United States Supreme Court today ruled that foreign affiliates of American non-governmental organizations (NGOs) can be required to oppose sex work as a condition of funding. The ruling therefore holds that these affiliates, and the Americans who speak through them, have no First Amendment rights.

The policy upheld today is similar to other ideology-based US policies like the Global Gag Rule and the Helms Amendment, which prohibit US-funded NGOs from speaking about abortion.

Akila Radhakrishnan, president of the Global Justice Center, had the following response:

“With today’s ruling, the Supreme Court is putting its stamp of approval on yet another US policy that limits the human rights to free speech and association. Whether on abortion rights or sex work, the US is using the power of its purse to impose its own regressive ideology on the world. This has real world harms, as it devastates the critical work of NGOs, who are forced to choose between US funding, free speech, and the pursuit of work based on evidence and human rights. Today’s ruling from the Supreme Court further entrenches the ability of the US government to impose ideology over evidence.”

Dear Friend, Over the last several years, we've witnessed a nationalist slide away from multilateralism and against international institutions. GJC knows global institutions are critical to protecting human rights, so this month, we ramped up our work to bolster them. We came out firmly and quickly against President Trump's executive order sanctioning International Criminal Court officials. Over at the UN Human Rights Council, we joined the call for an independent inquiry into police violence and racism in the US. And we stood in solidarity with the World Health Organization as the US withdrew funding. Our international institutions need to be empowered and supported. We hope you'll continue to fight with us as we work to protect them.

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NEW YORK — The United Nations Security Council held elections yesterday for five non-permanent seats on the council. Mexico, India, Ireland, Kenya, and Norway were elected for two-year terms.

Grant Shubin, legal director of the Global Justice Center, had the following response:

“We congratulate the new members on their election today and look forward to working with them on one of the most pressing issues facing the world today: gender inequality. This year marks the 20th anniversary of the adoption of Security Council Resolution 1325, which established the Women, Peace, and Security agenda. Yet, despite advances, there is still an urgent need for progress on the agenda’s goals, especially relating to gender parity in power, prevention of sexual violence in conflict, and access to sexual and reproductive health services.

“During a global pandemic that is dangerously exacerbating gender inequities all over the world, we need real commitments to full implementation of the agenda. Self-congratulatory statements and compromised resolutions simply will not do. For meaningful advancement on the agenda, we need bold action when the health and rights of all women, girls, and gender-non-conforming people are under attack.”

Amici Charge The Commission Is Unlawful, Misunderstands Human Rights Law, and Will Harm the Marginalized Groups They Work On Behalf Of

Ongoing Lawsuit Seeks to Shut Down the Unlawful Commission Ahead of Expected July 4th Report

New York, N.Y. — Six human rights organizations submitted a “friend of the court” brief in support of the plaintiffs in a lawsuit challenging Secretary of State Mike Pompeo’s unlawful formation and operation of the State Department’s Commission on Unalienable Rights. Chartered by Sec. Pompeo to conduct a “profound reexamination” of the human rights landscape, the Commission has violated the Federal Advisory Committee Act (FACA) by operating behind closed doors and with a membership stacked with academics hostile to reproductive rights and the rights of the LGBTI community. The plaintiffs — four human rights advocacy groups represented by Democracy Forward — are now joined by amici in raising concerns that the Commission is poised to issue recommendations that will change America’s stance on fundamental tenets of human rights law, including by prioritizing religious liberties over other rights, and that it will do so in violation of federal law. Sec. Pompeo has said that he expects to receive the Commission’s final report around July 4th.

In their brief, Human Rights Watch, American Jewish World Service, the Center for Reproductive Rights, Human Rights Campaign, Human Rights First, and the International Women’s Health Coalition write that they “are deeply troubled by the Commission’s apparent intent to undo decades of progress — repeatedly affirmed in multilateral treaties which the United States has signed and, in some cases, ratified — by replacing authoritative interpretations of international human rights law with those of the Commission’s members.”

The amici concur that the State Department has violated federal transparency law in its creation and operation of the Commission. In particular, the groups are concerned by the Commission’s biased membership, which “includes no advocates for the rights of LGBTI individuals to equal treatment under the law or the right to access reproductive health care.” Although federal law requires that outside advisory committees include a fair balance of viewpoints, the Commission is stacked with members who have openly opposed these rights. It is chaired, for instance, by former Ambassador Mary Ann Glendon, a staunch abortion opponent who has also argued that marriage equality is not a civil right but “a bid for special preferences.”

The amici further contend that the Commission will cause concrete and widespread harm to the communities on whose behalf they advocate. “Religious refusals,” the groups argue, “could be used to deny services — including housing, employment, education, health, and commercial services — to LGBTI individuals.” “The Commission,” the organizations write, “begins from the premise that gains made by marginalized groups represent a ‘proliferation’ of new rights that undermine ‘fundamental’ rights such as freedom of religion. But marginalized groups do not seek special rights; they seek rights to which everyone is entitled: privacy, autonomy, dignity, and equal treatment under the law.”

On Tuesday, concerns about the Commission were also raised by members of Congress. Rep. Jamie Raskin, Chair of the House Committee on Oversight and Reform Subcommittee on Civil Rights and Civil Liberties, and Rep. Joaquin Castro, Chair of the House Foreign Affairs Committee’s Subcommittee on Oversight and Investigations, sent a letter to the Commission expressing grave concern that its “upcoming report will undermine our nation’s ability to lead on critical issues of universal human rights, including reproductive freedom and protections for millions of people globally in the LGBTI community.” Their letter is but the latest in a string of objections raised by members of Congress since the Commission was announced. A group of 20 Senators recently expressed their concern with the Commission in a letter sent on May 20.

The amicus brief was filed on June 9 in the U.S District Court for the Southern District of New York. Read the full brief here.

NEW YORK — President Trump issued an executive order today authorizing sanctions against International Criminal Court (ICC) employees involved in investigating potential war crimes committed by US military forces in Afghanistan.

Akila Radhakrishnan, president of the Global Justice Center, had the following response:

“This reckless attack on the ICC is just the latest attempt by the US to evade accountability for human rights abuses and undermine critical international institutions. The ICC’s investigation is only necessary because the US has failed to meaningfully investigate or prosecute its own forces for human rights abuses.

“The court has confirmed that this investigation clearly falls under parameters set by the Rome Statute, which established the ICC. The US is not a party to the statute, but Afghanistan is, and the US cannot escape accountability just because it commits crimes in other countries.

“This destructive move by the Trump administration is the latest in a long campaign of hostility towards international institutions, including its recent decision to withdraw from the World Health Organization. Once again the US is further cementing its belief that it is beyond reproach and above the law.”

Commission Appears Poised to Reshape American Foreign Policy, Recommend Stripping Protections for Women, LGBTQ+ Communities Abroad Under Guise of Religious Freedom

In Response to Litigation, Trump Admin Releases Limited Commission Meeting Records; Continues to Shield Commission from Public View

Washington, D.C. — A coalition of human rights organizations advanced their suit against Secretary of State Mike Pompeo for unlawfully creating and operating the State Department’s Commission on Unalienable Rights in violation of the Federal Advisory Committee Act (FACA). The Commission is expected to send its recommendations to Secretary Pompeo by July 4, 2020. The new filing comes on the heels of President Trump’s Executive Order on Advancing International Religious Freedom.

Four groups represented by Democracy Forward — Robert F. Kennedy Human Rights, the Center for Health and Gender Equity (CHANGE), the Council for Global Equality, and the Global Justice Center — sued the Trump administration for stacking the Commission with members who have staked out positions that run counter to fundamental human rights principles and threaten LGBTQ+ and reproductive rights. Excluded from the Commission are the perspectives of mainstream human rights groups, as well as career diplomats within the State Department. The Commission has also operated without the transparency required by federal law.

The Commission, which was announced at a press event last July, is a project of particular and special interest to Secretary Pompeo. Its membership — comprised largely of religious liberty scholars — suggests that its true purpose is to provide the Secretary with a roadmap for prioritizing religious freedom rights over all others, a move that could lead to restrictions on reproductive freedom and the discrimination of LGBTQ+ individuals.

As the groups have argued, the Commission’s goals are “harmful to the global effort to protect the rights of all people.” In this latest filing, they further assert that: “The Commission has been unlawful since its inception. At every step of the way, the State Department has failed to operate the Commission in accordance with FACA’s requirements.”

“Accordingly,” the groups argue, “the State Department should be barred from relying on any recommendations the Commission has produced in secret.”

Secretary Pompeo’s Commission violates FACA’s requirements that outside groups that advise federal agencies on policy are in the public’s interest, have balanced membership, and make their records available to the public. Specifically:

• Secretary Pompeo failed to articulate why the Commission is necessary and not duplicative of other government resources, like the State Department’s Bureau of Democracy, Human Rights, and Labor, which has the authority to advise the secretary on human rights policy.

• The Secretary excluded the voices of mainstream human rights groups and career diplomats in favor of eleven academics with records of opposing LGBTQ+ and reproductive rights. Commission members have, for instance, argued that marriage equality is “nonsensical,” that homosexuality is “one of the signs of the End Times,” and that women should not have access to contraceptives to prevent transferring the Zika virus to newborns.

• The Commission has also shielded its records from public view, making it more difficult to track its activities and know what the Commission will recommend when it sends its report to Secretary Pompeo next month.

State Department records produced in response to this litigation further substantiate how State has violated the law, including by shielding the commission from public oversight. The State Department, for instance, withheld witness remarks and video recordings of the public meetings, providing them only after this lawsuit was filed. This belated disclosure does not resolve the violation as the public lacked the benefit of the Commission’s records while it was continuing to meet publicly.

More than 20 U.S. Senators and 50 members of Congress objected to the Commission’s formation and mission. They questioned why the Commission is necessary given the Department’s internal human rights experts. Members of the Senate reiterated these concerns on May 20 and, with the anticipated July release of the Commission’s report, encouraged Secretary Pompeo to ensure the Commission’s work reaffirms the U.S.’ commitment to human rights.

The Trump administration has a long record of illegally outsourcing policymaking to outside groups in violation of federal law.

The motion for summary judgment was filed on June 2, 2020, in the U.S. District Court for the Southern District of New York. Read the Plaintiffs’ full brief here.

Dear Friend,  A critical aspect of the International Court of Justice's historic ruling to prevent genocide against Rohingya was the requirement for Myanmar to regularly report on its compliance with the order. Last Saturday, Myanmar faced its first reporting deadline and the Global Justice Center used the opportunity to hold the government accountable for its actions, or lack thereof, since the January order. The simple truth is that Myanmar has not done enough to protect Rohingya. So we used every tool at our disposal this month to educate and interrogate the global community on Myanmar's record. We hope you'll join us as we continue the fight for justice for victims of sexual violence and other genocidal crimes.

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NEW YORK — Myanmar will submit its first report to the International Court of Justice (ICJ) on its compliance with an order to prevent and not commit genocide against the Rohingya this Saturday. The reporting obligations are one of the “provisional measures” issued by the ICJ in January.

Myanmar is required to report to the ICJ on “all measures taken to give effect” to the Order, including to prevent genocidal acts, ensure its military and police forces do not commit genocidal acts, and preserve all potential evidence of genocidal acts. The first report must be submitted by May 23, 2020, four months after the provisional measures order, while subsequent reports will be due every six months. The ICJ does not require the report be made public.

“The reporting requirement was a critical component of the ICJ’s historic order to protect the Rohingya from genocide. Having specifically recognized that the Rohingya remain extremely vulnerable, the periodic reports will allow the Court to monitor Myanmar’s actions related to the Rohingya in real time as the case proceeds,” said Akila Radhakrishnan, president of the Global Justice Center. “Unfortunately, the response since then from Myanmar’s government has been deeply flawed at worst, and superficial at best.”

On April 8, Myanmar issued “presidential directives” to all government officials, requesting they ensure acts prohibited by Article II of the Genocide Convention are not committed — and that evidence of those acts are not destroyed. A later directive asked officials to denounce and prevent hate speech. The directives — which represent the only substantive response from Myanmar since the January ICJ order — include no clear guidelines for implementation and monitoring, and do not touch on the key issues of structural discrimination that need to be addressed in order to meaningfully give effect to the order. Deeper analysis of Myanmar’s actions since the ICJ order can be found in our Q&A.

“Myanmar’s Generals ordered the atrocities, bulldozed and buried evidence of their crimes, and are the reason why Aung San Suu Kyi’s name will now forever be associated with genocide and injustice,” said Dr. Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect. “Until Myanmar’s discriminatory laws are abolished and the perpetrators of the genocide are held accountable, the threat of further atrocities remains.”

NEW YORK — Acting Administrator for the U.S. Agency for International Development (USAID), John Barsa, sent a letter to United Nations Secretary-General António Guterres yesterday requesting references to sexual and reproductive health be removed from the UN’s Global Humanitarian Response Plan to fight COVID-19.

Akila Radhakrishnan, president of the Global Justice Center, had the following response:

“This is a disgraceful and dangerous attack on essential health services at the worst possible time. No matter what the US government says, abortion is a fundamental human right and reproductive care is always essential, including  during a pandemic. At a time when countless lives are at risk, the US has yet again decided to put its efforts into restricting healthcare, instead of expanding it.

“Administrator Barsa’s attack on abortion care during COVID-19 is an extension of the longtime US strategy to hold millions of dollars in lifesaving global aid hostage to serve its extreme anti-abortion agenda. Policies like the Global Gag Rule and the Helms Amendment that restrict funding to abortion services have devastated global health for decades. Now, they’re opportunistically using a pandemic to further their efforts.

“UN Secretary-General Guterres should be commended for recognizing the importance of reproductive rights in COVID-19 response plans. Instead, he’s being bullied by a US administration hellbent on decimating reproductive health and bodily autonomy at all costs.”

Dear Friend, Global crises always hit our marginalized communities the hardest. Women, especially poor women and women of color, are among those suffering the most from COVID-19 and its economic fallout. Unfortunately, in a moment when protecting fundamental human rights are more important than ever, we are seeing governments continue to attack their right to abortion care. In the midst of so much uncertainty, one thing remains clear: we cannot let up in our efforts to ensure and protect women’s rights. We know from experience that all pandemics have a gendered impact, and COVID-19 is no different. Join us as we fight anti-choice extremists looking to exploit a pandemic to restrict our bodily autonomy.

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NEW YORK – United Nations Secretary-General António Guterres released a policy brief today on human rights and COVID-19.

Akila Radhakrishnan, president of the Global Justice Center, had the following response:

“The secretary-general’s policy brief on human rights in the midst of the COVID-19 pandemic is an important reminder of why and how human rights need to be at the center of not only immediate government responses to this crisis, but also the rebuilding process after the pandemic. Around the world, we have seen governments ignore fundamental rights in their COVID-19 responses. In some cases, states use it as a pretext to restrict and violate human rights.”

“Nowhere has this been more apparent than in the context of gender. As rates of gender-based violence around the world have spiked during the pandemic, countries have shown themselves either unprepared to provide support services or have completely failed to take this violence into account in their responses. Countries like the United States have also exploited the pandemic to restrict access to abortion services. An effort centered on human rights, as called for by the secretary-general, must include women in the design of responses and be responsive to their specific needs, such as sexual and reproductive rights.”

“It’s imperative that states take meaningful action to incorporate human rights in their responses, and where they fail, they must be held accountable.”
 

NEW YORK – United Nations Secretary-General António Guterres released a report today on the impact of COVID-19 on women and girls.

Akila Radhakrishnan, president of the Global Justice Center, issued the following statement:

“UN Secretary-General Antonio Guterres has taken important leadership to highlight the gendered impact of COVID-19, first with his call to prevent violence against women, and today with his policy brief on the impact of Covid-19 on women and girls. All crises have a gendered impact, and the secretary-general’s leadership in helping to shed light on this issue is important. We now look to states to take meaningful efforts to address these gendered impacts and make them the center of all responses. This should include, first and foremost, the equal representation of women in the decision making and planning of responses.

"We have seen around the world the failure of states to adequately take human and women’s rights into account. For example, policymakers in the United States are using COIVD-19 measures as a pretext to curb access to sexual and reproductive rights, in particular abortion. The secretary-general’s brief importantly recognizes that the provision of such services is central to women’s health and rights. A human and women’s rights informed approach should be leading to states working to make key services like abortion, more accessible, not less.

"As COVID-19 continues to lay bare the inequalities in our society, states must ensure that their responses take gendered impacts into account."

NEW YORK – United Nations Secretary-General António Guterres gave an address today on violence against women living under quarantine measures issued to stop the spread of COVID-19.

Akila Radhakrishnan, president of the Global Justice Center, had the following response:

“We applaud the Secretary-General for his important call today to end violence against women, which recognizes one of the key gendered impacts of crises situations such as COVID-19. 

“Like his call for a global ceasefire, today’s call recognizes how violence and crisis situations exacerbate existing inequalities in society and emphasize the need to center those most impacted in responses. However, to date, we have consistently seen that COVID-19 responses have inadequately taken women’s rights and human rights into account. And there’s been a lack of inclusivity in the groups responsible for crisis response and decision-making. 

“As the Secretary-General recognized, violence against women requires a multi-faceted response, including access to support services and shelters and judicial systems. We hope that states heed this important call and take immediate measures to ensure that measures are taken to prevent and respond to domestic violence, and ensure that all measures are grounded in human rights and involve an inclusive group of women in its design and decision-making.”

Dear Friend, We're in the midst of a historic crisis that affects every human being on this planet. Now more than ever, we need strong international cooperation and the protection of human rights. Yet, the Trump administration's "Commission on Unalienable Rights," established to tear down these institutions, continues to meet. That's why we sued them this month. This commission must be stopped before it further destroys international institutions and undermines hard-fought human rights. We hope you'll support this urgent case on behalf of human rights defenders everywhere.

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