At the 2nd Universal Periodic Review (UPR) of the United States, five countries- Belgium, France, the Netherlands, Norway, and the United Kingdom- urged the U.S. to reconsider its stance on the Helms Amendment. This amendment makes it illegal for any U.S. foreign aid to be directed to abortion services. This leaves many women and girls who are victims of war rape no choice but to carry the child of their rapist or unsafely try to abort it themselves. The Helms Amendment impinges upon the rights of women and girls in conflict, and is in violation of the Convention against Torture, the International Covenant on Civil and Political Rights, and the Geneva Conventions.

The UN Security Council, UN Secretary General Ban Ki-Moon, countries and organizations around the world have recognized the gravity of the Helms Amendment and the necessity for clarification so that women and girls in conflict can have access to the medical care that they need.

Out of the 293 women and girls who were rescued from Boko Haram in Nigeria, one-third of them are pregnant. 214 of these women and girls are being denied proper care, and this is the fate of many others around the world.

The Obama administration has 3 months to respond to these charges and overturn the Helms Amendment and its abortion ban. GJC encourages President Obama to respond to these suggestions as soon as possible, as the end of the 3-month time frame for U.S. response to UPR recommendations, falls on August 12th, 2015. August 12th is the anniversary of the Geneva Conventions, and is also the inspiration for GJC’s August 12th Campaign to “Ensure the Right to Safe Abortion for Women and Girls Raped in Armed Conflict.”

Pressure is mounting and the clock is ticking. Will the U.S. overturn the Helms Amendment by the deadline, and show the world that it is upholding its obligations under the Geneva Conventions?

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In November 2014, Harvard Law School’s International Human Rights Clinic published a legal memorandum revealing that Lieutenant General Ko Ko is one of the leading actors in crimes against humanity committed in Burma. Despite this comprehensive report, General Ko Ko has been appointed by Burma to lead its delegation to this year’s United Nations Universal Periodic Review. Every four years states are subject to this review process that provides states the opportunity to declare what actions they have taken to improve the human rights situation in their countries and to fulfill their human rights obligations.

To have General Ko Ko- a man explicitly linked to human rights violations- as the leader of Burma’s upcoming human rights review is sheer hypocrisy. As stated in Harvard Law’s Human Rights Blog “Human Rights @ Harvard Law,” “Ko Ko should not be the face of human rights in the new Myanmar.”

In response to Burma’s decision to have General Ko Ko lead their delegation to the UPR this fall, the U.S. Campaign for Burma has created a petition to add General Ko Ko to the U.S. Sanctions list.

As the petition states, “General Ko Ko has a long history of committing crimes against humanity and human rights abuses throughout Burma. During his post as Regional Commander in Karen State, tens of thousands of Karen fled for safer borders as they faced rape, extrajudicial murders, forced labor and portering, human shields and land grabs. Now, as Home Affairs Minister, General Ko Ko continues his attacks on any individual who supports democratic principles and desires justice. “

Sign the petition and tell President Obama to add General Ko Ko to the Specially Designated Nationals List.

On May 29, 2015 The Washington Post’s editorial board published an article titled “An Inhumane U.S. Policy.” This piece focuses on the harrowing experiences of women and girls around the world living in conflict zones, and emphasizes the reality of rape being used as weapon of war and the great need for President Obama to overturn the Helms amendment.

The Washington Post reports on the conditions of the women and girls that were kidnapped by Boko Haram in Nigeria. The victims described their conditions in captivity, stating that they would often be locked up in houses and raped. Oftentimes, the militants would rape the women and girls with the intention of impregnating them so that Boko Haram’s mission could be sustained.  The Washington Post also mentions a report done by Human Rights Watch on a similar scenario in northern Iraq, in which it was documented that Yzidi women and girls experienced perpetual sexual violence by Islamist militants in the area. It is important to note that sexual violence is also currently being used as a tactic of war in Syria, South Sudan, and other places worldwide.

Due to the Helms Amendment of 1973, these women and girls who are raped and impregnated by Boko Haram and other militant groups are not able to get lifesaving abortions. Many are often left with the limited choices of attempting to bear the child or unsafely trying to abort the child themselves, both of which engender numerous medical and social consequences. The Helms amendment has harsh restrictions on United States foreign aid, and mandates that this aid cannot be used to fund abortions regardless of reason. More than 200 of the women and girls recently rescued by Boko Haram in Nigeria are pregnant; with the Helms Amendment and subsequent abortion ban in place, what can be done to help them?

The answer lies in the overturning of the Helms Amendment, which can be done with an executive order from President Obama. While President Obama has acknowledged that rape is a weapon of war, he has not taken definitive action. As an integral part of Global Justice Center’s “Rape as a Weapon of War” project, we have urged President Obama to sign an executive order that clarifies exceptions to the Helms Amendment when rape, incest, or a life-threatening situation is present.

Overturning the Helms Amendment would mean providing appropriate medical care and lifesaving abortions to the women and girls who are victims of war rape. President Obama must stand up for the rights of women and girls to reduce their hardship and set an example for the rest of the world to follow.

When almost 300 Nigerian schoolgirls were recently kidnapped by local terrorist organization Boko Haram, the United States sent military and foreign aid to help rescue the victims and combat the threat posed by the militants. However, while the US support includes provisions for the victims’ protection and care, the abortion ban attached to US foreign aid bars the option of safe termination of pregnancies resulting from rape – in spite of the armed group’s announced intent to marry some of the schoolgirls and sell others into sex slavery.

In Nigeria, a major state-recipient of US foreign aid, girls and women are routinely raped as a tactic of war. This phenomenon is not unique to domestic terrorist organizations like Boko Haram, but is also practiced by the country’s military and police forces. When these rape victims, many of whom are young girls, become pregnant, the US abortion ban limits the services available to them and forces them to bear the children of their rapists. US policy thus increases the morbidity and mortality of girls and women who are impregnated by war rape.

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