“The Invisible War” Between Women and the US Government

“The Invisible War”, a film delving into the injustices faced by women in the military specifically related to sexual assault, has taken the country by storm both politically and socially. The film, which premiered at this year’s Sundance Film Festival, thoughtfully connects U.S. government compiled statistics and the real stories of women and men who were the victims of sexual assault while serving in the military. The film aims to address many issues which include: corruption within the military justice system, impunity for high-ranking military officials, outdated legislation for prosecuting rape in the military “court martial” system, failure of “rape prevention” campaigns implemented in the military, and many others. The film is well put together and evokes quite a few negative emotions towards our government for allowing such an obvious problem to go unsolved, but likely more disturbing, practically unaddressed.

During the film you meet many women and a man who have been affected by this “invisible war,” but there is one specifically who stands out who was assaulted by her superior and later found out she was pregnant and had contracted an STD from her attacker. This brief interview clip is the only time the audience hears from this woman, but the impact is still strong. Her story evokes the questions, what happens to the women who survive their attacks but are burdened with the result of becoming pregnant? What does the US government do for these women, if anything at all?

Unfortunately, the answers to these questions are just as grim as one would expect, if not worse. The Department of Defense began its strict abortion policies in 1979 into the 1980s with the adoption of a “life-of –the-mother-only” limit for using government budget to fund abortions. This barred any government funding to be used for abortions unless there was immediate danger to the mother’s life.  This legislation backed by government was adopted as a provision after Roe v. Wade, in order to prevent taxpayers’ money from being used to fund abortions. This provision was enacted in the form of the Hyde Amendment, which circumvents the use of certain federal funds to pay for abortions therefore forbidding military health insurance to cover the costs of abortions unless threatening to the life of the mother. This amendment often allows women who are raped and impregnated in the military to be forced to make a difficult decision between carrying the child to term, which can cause negative effects on their present and future military career, or pay for the abortion themselves. As unethical of a decision this seems to be, that is not the only problem since the complexity of access to abortion when looking at military health centers and accessing abortion in a time of a war, while overseas, or when forbidden by domestic law only further magnifies the issue.

This “choice” given to female soldiers who are suffering from unwanted pregnancies between paying for the abortion themselves and carrying the child to term is not only a question of funding. Funding is only one issue among many. Women are given the right in the military to pay for their own abortions to be done in military health centers if the abortion is sought after the woman was raped or a victim of incest. Assuming the woman has the funds to pay for her own abortion (if not, this creates an entirely different issue) the above clause may not seem unreasonable. That assumption is wrong. The problem is rape within the military, as demonstrated by “Invisible War,” has very low rates of conviction and even of being reported. For the women who are either ignored, charged with crimes themselves when reporting rape, or are scared to report their rape, where do they go if they need an abortion? There is no proof; therefore there are no safe facilities for access. What if these women are deployed in a country, such as Afghanistan, where access to abortion is illegal in domestic law? What if they are overseas in a country where medical care and facilities are not easily accessible or are simply not able to safely and sanitarily perform such a procedure? Essentially the United States military says, “Too bad.”

However, Congress is no longer ignoring the issue and is bringing it to the public’s attention through media attention and other means. Democratic New Hampshire Senator Jeanne Shaheen is not allowing this issue to be pushed under the rug like so many others which go unanswered in the US military, but is taking actions through an amendment which would give military women the right to be covered under their military insurance for abortions. The amendment brings military standards for abortions to the same level as the federal government officials’ standards.  It would allow military women to finally enjoy the same rights as the people and government they are fighting to protect. The amendment has already gained support from Democrats and Republicans alike in the Senate, becoming approved and attached to the 2013 National Defense Authorization Act written and submitted by the Senate Armed Services Committee. Although there is known support for the amendment among Senators, an official Senate vote needs to be considered for the amendment to be included in the final cut of the Act. It is believed that Senate approval will be relatively manageable; however passing the Act with the amendment through the Republican controlled House of Representatives presents a different set of problems. The House has not included the amendment in their version of the Act, and it seems unlikely that they will unless there are some serious compromises being made. The Department of Defense has already expressed their support through the sending of a letter detailing as such, but Congress will need a lot more than letters to pass this Act.

This dilemma within our military only further proves there is something in our American way of thinking, our politics, and our governmental policies, which needs a serious paradigm shift in the way we view abortion. GJC’s “August 12th Campaign” reinforces just that. The US government, which prohibits US humanitarian aid funds to be used for abortions, rather allow women and children to suffer through pregnancies often induced through rape, torture, and incest which can result in death, injury, depression, etc. than to reevaluate this traditional American “war on abortion” we seem to be engaged in. This point of view is only holding America back from progressing towards becoming a true leader in human rights, both domestically and internationally. We have arrived at the time in America when religion needs to become disengaged from our policies and instead the equality of our servicewomen, our dedication to international human rights treaties and law, and the well being of Americans in general needs to take precedence over doing things just for the sake of saying, “This was how it was done in the past.”

Post by: Jocelyn Garibay

The US Leads in ICRC Aid Donations, but Restricts Equal Rights for Aid Recipients

The United States strives to be a leader among the nations in terms of equality and fairness.  However, one area that starkly contrasts that desire is the US policy regarding how to use the funds it donates to humanitarian aid.  The United States is the largest contributor of humanitarian aid to the ICRC.  Along with its donation of over 240 million Swiss Francs, the US has instructed that its aid may not be used to fund abortions under any circumstances.

As the largest donor of aid to the ICRC, the US retains a great deal of control over how that money is spent.  In addition to holding the power to restrict how its own contributions are spent, the US’s power extends further in some instances to determine how donations from other sources may be restricted as well.  If the ICRC is funding an initiative with money that comes from the US as well as other governments whose funds may contain no restrictions, the entire initiative will be subjected to the restrictions that the US has placed on its donations.

Women who have been raped in armed conflict have been recognized as under the category of “wounded, sick, and shipwrecked” under the Geneva Conventions Additional Protocols, and that affords them the right to receive medical care to the greatest extent practicable, including abortions.  Without the ability to receive safe, legal abortions, pregnant war rape victims will be forced to endure great psychological and physical pain and in many cases resort to clandestine abortions or even suicide.

The repercussions that result from failure to provide abortions to war rape victims are enormously detrimental and the practice is blatantly discriminatory against women.  Many organizations and countries, notably the Paris Bar and the German Women Lawyers’ Association, have supported the efforts to try to get the US to change its policies and lift the ban on abortions for its international aid.  Most recently, the Egyptian Center for Women’s Rights (ECWR) has written to President Obama asking him to lift the restrictions through executive order.  ECWR, being the first Middle Eastern organization to support these efforts, is setting the tone for the rest of the international community as well as the United States itself, and that tone is one of equality and intolerance of discrimination.

In its letter to President Obama, ECWR points out the hypocrisy of the United States.  The US consistently demands that Middle Eastern countries end discrimination against women and advocate for women’s equality, yet they fail to follow through with the same position that they advocate by maintaining these discriminatory restrictions.  It is time for the US to put an end to its double standard and to institute the same policies domestically that it promotes for states.  The US is the example that other countries strive to emulate.  With restrictions that so blatantly discriminate against women, the US as an example leaves much to be desired and must rectify this injustice immediately, and truly demonstrate to the international community what is right.

“Call Me Kuchu” Resonates with Continuing Struggles for Equality

Last night, on the closing night of the Human Rights Watch film festival in New York City, the film “Call Me Kuchu” made its New York premiere.  A film about David Kato, the first openly gay man in Uganda, “Call Me Kuchu” depicts the harrowing story of David and his journey as an activist, fighting against discriminatory state laws that subjected HIV-positive gay men to death and propose prison sentences for anyone who fails to turn in a known homosexual.  David and his fellow LGBT activists had a difficult fight ahead of them, following the introduction of the “Anti-Homosexuality Bill,” up for debate in Ugandan parliament, pursuant to the American evangelical inspired “homosexual agenda.”  Despite the obstacles ahead, David did not back down and continued to speak out for himself and other victims of discrimination like him, as an activist against state sanctioned discrimination and homophobia.  Through his determination, David was ultimately able to make positive strides for the “kuchu” (homosexual) community in Uganda and achieved legal victory, when the Ugandan High Court ruled that by publishing names and pictures of 100 allegedly homosexual people and calling for their execution, a newspaper violated those people’s fundamental and constitutional rights.

David’s struggle showcases the need for strong voices and activists to not only shine a spotlight on government enforced discrimination, but to insist that such policies and legislation not be tolerated.  The Rev. Martin Luther King Jr. wisely wrote in his Letter from a Birmingham Jail that “injustice anywhere is a threat to justice everywhere” and this is clearly evidenced by the impact of discriminatory policies within the framework of an international legal system.  “Call Me Kuchu” delineates just one example of the horribly discriminatory state sanctioned discrimination and the terrifying impact it has on the discriminated group.  We cannot allow similarly discriminatory policies to continue, such as the US ban on abortions funded by their humanitarian aid contributions and the International Committee of the Red Cross (ICRC) deference to national law regarding availability of abortions for pregnant ware rape victims.

By deferring to national rather than international law in the case of pregnant war rape victims, the ICRC is discriminating upon certain women based upon where they live, only providing the fullest extent of care practicable (as guaranteed by the Geneva Conventions) to women in countries that allow abortions.  Furthermore, the US is one the largest contributor of humanitarian aid to the ICRC, but it places restrictions on its donations, preventing them from being used to administer abortions.  By restricting its donation, the US is failing to allow the ICRC to provide the proper level of care even in places where it would be nationally permissible.

As pregnancy is only a condition that can befall women, such policies discriminate against women, because preventing women from receiving abortions is equivalent to failing to provide women with the fullest extent of medical care practicable.  These practices are equally discriminatory with consequences equally dire, leading to imprisonment, ostracism, grave bodily harm, and even suicide and death.  There is no denying that failure to provide abortions for pregnant war rape victims is discriminatory against women and the toll it takes on them, expressed in death, harm, and punishment, cannot be ignored.  David’s fight reminds us all to stand up against discrimination, not to allow governments to institute unfair and unequal policies, and not to stop until there is equality for all.

Vice-Presidents of European Parliament Urge President Obama to Lift US Abortion Restrictions

FOR IMMEDIATE RELEASE  - March 2, 2012

[NEW YORK, NY] -  The Global Justice Center's August 12th campaign is gaining momentum. The Vice-Presidents of the European Parliament have written a letter to Obama to issue an Executive order to lift all current U.S abortion restrictions that prohibit girls and women raped in armed conflict from terminating their pregnancy.

Vice-Presidents of European Parliament Urge President Obama to Lift US Abortion Restrictions

Two Vice-Presidents of the European Parliament, Alexander Alvaro, MEP, and Edward McMillan-Scott, MEP, have written a letter as a part of the GJC's "Augsut 12th Campaign" to Obama to issue an Executive Order to lift all current U.S humanitarian aid restrictions that prohibit girls and women raped in armed conflict from terminating their pregnancy, urging the US to abide by common Article 3 of the Geneva Conventions.

Download PDF

UK Parliamentarians' Letter to President Obama

Letter sent to President Obama by a group of UK Parliamentarians' as a part of the GJC's "August 12th Campaign" asking that he issue an Executive Order lifting US abortion restrictions on humanitarian aid.

The letter was signed by: Tom Brake, MP; Baroness Tonge; Lord Ashdown; Ann Coffey, MP; Baroness Ludford, MEP; Jane Ellison, MP; Heidi Alexander, MP; Andrew George, MP; Madeleine Moon, MP; Lord Tope, CBE; Pauline Latham, MP, OBE; Jo Swinson, MP; Rt. Hon. Dame Joan Ruddock, MP; Sir Menzies Campbell, MP, CBE, QC; Baroness Greengross; Debbie Abrahams, MP; Baroness Kinnock of Holy Head; Baroness Walmsley; Baroness Thornton; Kate Green, MP; Sir Bob Russell, MP; Baroness Miller of Chilthorne Domer; Lord Lester of Herne Hill; Lord Morgan; Baroness Falkner of Margarvine; Lilian Greenwood, MP; Lord Faulkner of Worcester; Lord Richards; Baroness Coussins; Mike Gapes, MP; Jenny Willmott, MP; Lord Redesdale; Baroness Prosser of Battersea; Luciana Berger, MP; Julian Huppert, MP; Rt. Hon. Lord Steel Aikwood; Rt. Hon. Dr. Denis MacShane, MP; John Hemming, MP; Dame Anne Begg, MP; Lord Judd; Lord Puttnam of Queens Gate; Lyn Brown, MP; and Glenda Jackson, MP.

Download PDF

How the “August 12th Campaign” sparked a movement

Top Queen Councils in protest against President Obama’s “no abortion” clause

The London Times published an article feauturing the Queen’s Counsel’s effort to pressure President Barack Obama to issue an Executive Order lifting the “no abortion” clause that affects U.S humanitarian aid for girls and women involved in conflict.

This movement was inspired by the launching of the Global Justice Center’s “August 12th” campaign which urges President Obama to reinstate U.S support for the Geneva Conventions by removing the blanket abortion prohibitions embedded in U.S humanitarian aid that endanger women and girls who have been raped and impregnated in armed conflict. To read more information regarding to this campaign, click here.

Almost 50 of the UK’s most prominent Queen’s Counsel, headed by Amanda Pinto, QC, director of international affairs of the Criminal Bar Association and Vice Chairman of the international committee of the Bar Council, have written urging Obama to take action on this issue.

To read the article click here.

The Perils of the Inaccessibility to Reproductive Healthcare in Eastern Burma

A woman should never have to resort to using a fishing hook or dangerous medications as the only feasible options to terminating a pregnancy. Yet these dangerous tactics remain pandemic in eastern Burma where inaccessibility to proper healthcare and safe abortions threatens the livelihood of thousands of women. A recent report by Ibis Reproductive Health highlights the dire state that women on the Thai-Burma border are in. The fact that so many women in Burma turn to these fatal and unsafe method of pregnancy termination underscore the need for safe abortions.

Yet, despite this clear need, USAID silences any prospects for these women to enjoy a healthier future. The United States, being the largest donor of humanitarian aid, has an immense amount of influence on how aid is distributed. When Congress implemented the Helms Amendment in 1973, abortion restrictions were placed on foreign aid. Under “Helms” no USAID funding may be used to pay for abortion as a method of family planning. The amendment contains a provision that prohibits abortion speech, saying that the funds cannot be used to “motivate or coerce any person to practice abortions.” The Global Justice Center staunchly argues that these abortion restrictions are a violation of the rights of girls and women raped in armed conflict under international humanitarian law. This is because the Geneva Conventions recognize that women and girls raped in armed conflict, as “protected persons”, are classified as “wounded and sick” and are entitled to “receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition.” Therefore, depriving these girls and women of this care is unlawful and this injustice is the driving force behind the Global Justice Center’s August 12th campaign.

Focusing in on eastern Burmese women, it is clear that they do not have a credible institution to turn to when it comes to reproductive healthcare. In fact, reproductive healthcare in Burma is known to be the worst in the world.  The “Separated by Borders” report, released by Ibis Reproductive Health and the Global Health Access program exposes the crippling healthcare infrastructure in eastern Burma.  The GJC has long noted the terrible state of eastern Burmese women when it comes to accessibility to reproductive health care and abortion, especially during conflict. The Global Justice Center is using legal tools to work diligently to help lift the “no abortion” clause in U.S humanitarian aid to make this type of care more accessible so women in order to prevent prolonged suffering.

Based on the Ibis Reproductive Health Report, RH Reality Check author Anna Clark notes the life-threatening repercussions of depriving Burmese women of reproductive services including unwanted pregnancies, unsafe abortions and death. Furthermore, 80 percent of women in eastern Burma have never used birth control due to the overall inaccessibility of contraceptives and the lack of legitimate healthcare.

Granting women in eastern Burma their rights, including access to reproductive healthcare will be a step in the right direction for Burma. Burmese women will not only be alleviated from suffering, but, they will also have the opportunity to become more active members of society. Utilizing the rule of law, the Global Justice Center works to dismantle the patriarchal structures inhibiting women’s rights to make sure that the prioritization of women’s health will be factored into the equation in the years to come.

To read more about this issue on RH Reality Check, click here and here.

To read the “Separated by Borders” report, click here.

To read more about the Global Justice Center’s August 12th Campaign, click here.

New York Review of Law and Social Change, “U.S. Ratification of CEDAW: An Opportunity to Radically Reframe the Right to Equality Accorded Women Under the U.S. Constitution”

The NYU Review of Law & Social Change publishes an article titled "U.S. Ratification of CEDAW: an Opportunity to Radically Reframe the Right to Equality Accorded Women Under the U.S. Constitution" by Janet Benshoof (GJC's Founder and President).

Subheadings in this article include "Women's Rights Advocated Shaped the Development of the Supreme Court's Scheme of Women's Rights", "The Tripartite Scheme Used by the Supreme Court to Adjudicate Women's Rights to Equality", and "The U.S. Ratification of CEDAW: an Opportunity for Change."

Download PDF