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GJC Public Comment - Commission on Unalienable Rights

Dear Members of the US State Department Commission on Unalienable Rights,

This past May, the Global Justice Center sent a submission regarding our concerns with respect to the Commission, its work, and the potential harm that a final report produced by the Commission may have on the international human rights framework, specifically as it pertains to the right to abortion. 

Now, we write to you again as part of the two week public comment period following the release of the Commission’s draft report on July 16, 2020. First, we wish to call attention to the fact this is an inadequate length of time for meaningful engagement, both by the public and by the Commission, before finalization of the report. There is little reason to believe that this report is even viewed as a draft version, since the Commission has already completed all of its meetings and there is no mention of “draft” in the text of the draft report itself. Having reviewed the July 16 “Report of the Commission on Unalienable Rights” (“report”) and listened to Secretary Pompeo’s speech at its unveiling, as well as the following Commission meeting, we write again to express our concerns with the report and any final product that emerges from this Commission. More specifically, we are alarmed by the Commission’s flawed representation of the international human rights framework, its legal requirements, and its framing of abortion.

 
   

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Genocide: China’s reported persecution of Uighurs exposes states’ legal obligations under international conventions

Excerpt of International Bar Association article that quotes GJC President Akila Radhakrishnan.

For now, the United States government has imposed sanctions on state officials in China and US companies doing business with China, and other countries have been urged to act.

The legal obligations on states to intervene are determined in part by their capacity to influence the perpetrators, notes Akila Radhakrishnan, President of the Global Justice Center. She asks, ‘are sanctions a full utilisation of the US’ capacity to intervene?’

Further, Radhakrishnan says ‘states are claiming they can’t act until something is definitely found to be a genocide, but that requires a level of evidence and information that surpasses where legal obligations to act kick in’.

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Rep. Jan Schakowsky, Abortion Rights Groups Announce First-Ever Bill to Repeal 47-Year-old Anti-Abortion Policy

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

WASHINGTON -- Rep. Jan Schakowsky (D-IL), a Senior Chief Deputy Whip and Chair of the Congressional Pro-Choice Caucus Providers and Clinics Task Force, today introduced the Abortion is Health Care Everywhere Act. The Abortion is Health Care Everywhere Act is the first-ever legislation to repeal the Helms Amendment, a 47-year-old policy rooted in racism that bans the use of any U.S. foreign assistance funds for abortion, putting an arbitrary line between abortion and all other global health services. Reps. Nita Lowey (D-NY), Barbara Lee (D-CA), Jackie Speier (D-CA), Ayanna Pressley (D-MA), Diana DeGette (D- CO), and Norma Torres (D-CA) signed on as original co-sponsors.

Rep. Schakowsky announced the new legislation on a virtual press conference with reporters on Wednesday morning, discussing the Helms Amendment’s harmful history, its burden on global reproductive and economic freedom, and the impact of the COVID-19 pandemic on access to reproductive health care around the world. Joining her on the call were Dr. Ernest Nyamato, a Kenyan doctor and Quality of Care global team lead at Ipas, an international reproductive health and human rights organization, and former director of the Ipas Africa Alliance in Kenya; and Lienna Feleke-Eshete, public policy associate at CHANGE, a U.S. nongovernmental organization that advocates for sexual and reproductive health and rights for women and girls and others who face stigma and discrimination.

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Myanmar’s Protection Bill falls Short of Addressing Violence against Women

Excerpt of Inter Press Service article that quotes GJC President Akila Radhakrishnan.

A legislation that aims to protect women against violence in Myanmar, while long overdue, is raising concern among human rights advocates about its inadequate definition of rape, vague definition for “consent”, and anti-lesbian, gay, bisexual, and transgender rhetoric.

Myanmar is soon to see the latest version of its Prevention of and Protection from Violence Against Women (PoVAW) introduced in parliament. But the Global Justice Centre (GJC), an international human rights and humanitarian law organisation focusing on advancing gender equality, has pointed out that the legislation falls short of addressing violence against women.

According to GJC, the language used in the law borrows from Myanmar’s 1861 Penal Code and thus perpetuates antiquated understandings of rape, such as; considering rape as violence committed only by men, the definition of “rape” constituting only of vaginal penetration, and no acknowledgement of marital rape.

“The Myanmar government has long shown a lack of commitment to breaking the cycle of impunity for widespread sexual and gender-based violence, a problem that is exacerbated by broader structural barriers with respect to Myanmar’s military justice system, and a lack of robust domestic options for accountability,” the GJC analysis has claimed.

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Atlas Webinar Series: Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes

Description:
A conversation with Jennifer Trahan, Clinical Professor at NYU Center for Global Affairs, Moderated by Akila Radhakrishnan, President of the Global Justice Center.

Trahan's book demonstrates how vetoes and veto threats have blocked the Security Council from pursuing measures that could have prevented or alleviated atrocity crimes (genocide, crimes against humanity, war crimes) in places such as Myanmar, Darfur, Syria, and elsewhere and explores how the legality of this practice could be challenged