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300+ Organizations and Experts Urge Governments to Advance Draft Treaty on Crimes Against Humanity to Negotiations

Crimes Against Humanity
International Criminal Law
Sexual Violence
United Nations
More than 300 civil society groups and individuals today issued a joint statement urging United Nations member states to declare support for moving the Draft Articles on the Prevention and Punishment of Crimes Against Humanity into treaty negotiations. Human rights organizations based in Africa, the Middle East, Asia, the Americas, and Europe — as well as leading international law and human rights experts — are among the signatories. Beginning Monday, April 1, the UN’s Sixth Committee will resume its session to address crimes against humanity, where member states will have the opportunity to demonstrate support for treaty negotiations. Although crimes against humanity are among the most serious crimes in international law, there has yet to be a treaty regulating their prevention and punishment. The Draft Articles are the result of six years of work in the International Law Commission, an independent body of experts established by the UN General Assembly that is responsible for helping develop and codify international law. Civil society organizations and international law experts believe that the current draft is a strong starting point for negotiations. They have also recommended several areas where the Draft Articles should be improved. Ahead of a Sixth Committee debate on the treaty in October 2023, the Global Justice Center issued a series of legal briefs with recommendations to ensure the treaty is gender-competent and survivor-centric. A full list of signatories can be found here. Elise Keppler, Executive Director at the Global Justice Center, issued the following statement: “Activists from every corner of the globe have united to deliver the message that the world needs a treaty on crimes against humanity. Governments should step up and signal that they support moving to treaty negotiations. From Afghanistan to Myanmar, crimes against humanity are rampant, and more tools to combat these crimes are needed. A strong, gender-competent, and survivor-centric treaty is not only possible — it is necessary.”
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190+ Organizations Urge UN Special Rapporteurs to Act on Dobbs v. Jackson Supreme Court Decision

Abortion
Human Rights Treaties
Reproductive Rights
United Nations
United States
US Abortion Laws
More than 190 organizations and individuals, including health practitioners and human rights experts, today sent a letter to United Nations experts in response to the United States Supreme Court decision that repealed the constitutional right to abortion. The letter documents how abortion restrictions imposed in the wake of the court’s ruling in Dobbs v. Jackson Women’s Health Organization have deprived women, girls, and persons capable of pregnancy of their human rights to life, health, privacy, liberty, freedom from torture, and more. It goes on to argue that the Dobbs ruling puts the United States in breach of obligations under several legally-binding international treaties it has ratified, including the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Convention against Torture. In addition to its call to action, the letter includes original research as well as testimony from physicians around the country. The full letter and list of signatories is here. Dr. Christine Ryan, Legal Director at the Global Justice Center, issued the following statement: “The protections of Roe had long eroded before the court’s ruling, but Dobbs put to rest any doubt of the United States’ failure to meet its human rights obligations. Decades of binding treaties have firmly established abortion as a human right. Now that the violation of this right is clear to all, the international community has a responsibility to act to hold the U.S. accountable.” Christina Hioureas, Partner at Foley Hoag and Chair of the firm’s United Nations Practice Group, the law firm acting for the coalition, issued the following statement: “Dobbs is the nail in the coffin on reproductive freedom in the United States. The consequences of Dobbs is that women, girls and persons capable of pregnancy across the United States are being deprived of critical access to health care and autonomy over their bodies and their lives. Simply put, women and girls will die as a result of this decision. The criminalization of access to reproductive health implicates the United States’ obligations under international law and is, thus, a matter of grave concern for the international community as a whole.” Payal Shah, Director of the Program on Sexual Violence in Conflict Zones at Physicians for Human Rights, issued the following statement: “The Dobbs decision has placed a target on the backs of pregnant patients and health care providers. The criminalization of abortion in many U.S. states has resulted in health care workers being mandated to act in complicity with violations of their patients’ rights, or to face imprisonment, professional sanction, fines, or harassment. As clinicians in this letter and around the country have shared, laws criminalizing abortion care will increase health disparities and impact the provision of health care across many specializations, from emergency medical care to family medicine to oncology and rheumatology. These harms will be most profoundly felt by Black, Indigenous, and low-income women. The international community, including UN Special Rapporteurs, must condemn this egregious rollback of human rights and affirm the U.S.’ obligation to ensure abortion rights.” Lauren Wranosky, Research and Program Associate at Pregnancy Justice, issued the following statement: “The Dobbs decision abandoned the constitutional right to abortion, violated U.S. legal obligations under treaties such as ICCPR, and exposed the fact that Roe was never enough. Many will continue to be jailed, convicted, and sentenced to prison for having abortions, experiencing pregnancy losses, or giving birth to healthy babies. This destroys families, inflicts trauma, and targets the most vulnerable by replacing healthcare with criminalization. We know this humanitarian crisis will only get worse, and we demand that the U.S. government join international peers as a leader in securing reproductive justice for all.” Annerieke Smaak Daniel, Women’s Rights Researcher at Human Rights Watch, issued the following statement: “Abortion is a form of health care needed more frequently by women of color, especially Black women, than white women in the US. Abortion restrictions compound economic, social, and geographic barriers to health care, including contraception, disproportionately impacting Black women’s ability to access the care we need. The US federal government is not meeting its human rights obligation to ensure access to abortion and to address and eliminate structural racism and discrimination in the US, and the impact on the health and rights of Black women is clear.”
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UN Committee Advances Treaty on Crimes Against Humanity

Crimes Against Humanity
United Nations
NEW YORK — A United Nations committee today passed a resolution that advanced the International Law Commission’s draft treaty on crimes against humanity. If eventually adopted by states, it would be the first stand-alone treaty that specifically addresses a broad range of obligations, including duties to prevent and punish crimes against humanity. Introduced by the Gambia, the final resolution passed by the UNGA Sixth Committee was co-sponsored by a cross-regional group of over 85 countries and creates an “interactive format” for debate on the substance of the draft treaty over the next two years. The resolution represents significant progress after the topic has stalled in recent years following resistance from Russia, China, and its allies. In 2021, prominent international law experts and practitioners from around the world — including former International Criminal Court prosecutor Fatou Bensouda — signed a statement arguing the treaty would “close a crucial gap in the current international framework on mass atrocities.” Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “Today’s resolution represents the most significant progress on the treaty since work on it began in 2013. For too long, victims of atrocious crimes around the world have languished without a comprehensive international framework that specifically targets these crimes and requires the international community to prevent and punish them. As an organization dedicated to combating gender-based crimes around the world, we’re heartened to finally see action on this critical treaty after so many years. “Year after year, progress on the treaty was stymied by a small cadre of authoritarian countries determined to halt human rights measures at every turn. In these cases, procedural objections were used as a cover for opposition to the treaty itself. “We can’t allow this gap in the international legal system to exist any longer. Perpetrators of sexual and reproductive violence, enslavement, deportation, and other crimes against humanity are growing more emboldened thanks to an increasingly-weakening international order. We need this treaty now more than ever.”
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Civil society welcomes the UN General Assembly’s decision to reject the Myanmar military junta, urges the UN to cease all forms of cooperation that lend them legitimacy

Myanmar
United Nations
Today, the UN General Assembly adopted the recommendations made by the Credentials Committee of the UN to defer the decision on who will represent Myanmar at the UN. The decision constitutes a clear rejection of the illegal Myanmar military junta’s application for credentials to the UN, leaving U Kyaw Moe Tun, the current Permanent Representative of Myanmar, to continue to represent the country at the world body. The recommendation for deferral by the Credentials Committee comprised of nine UN Member States including the United States, China and Russia, is a huge blow to the murderous junta that have killed at least 1,303 people since the coup, including around 100 children, and arbitrarily arrested 10,681 people.   Khin Ohmar, founder and Chairperson of Progressive Voice: “We welcome this decision by the UN General Assembly to reject the terrorist military junta and call on all UN agencies, funds and programs to cease all forms of cooperation that lend the junta any legitimacy. UN agencies must end its complicity in emboldening the junta by inviting them to meetings, conferences and other platforms that offers them the opportunity to create a façade of legitimacy. International bodies, including the Human Rights Council, the International Labour Organization and the World Health Organization, must now accept nominations made by U Kyaw Moe Tun and recognize the authority of Myanmar’s Permanent Representative to the UN.” Charles Santiago, chair of ASEAN Parliamentarians for Human Rights (APHR), and a Malaysian Member of Parliament: “The UN General Assembly’s decision sends a strong message to ASEAN and other regional and international institutions that the junta must not be recognized as the legitimate representatives of Myanmar. Any engagement by ASEAN or any of its members with the military junta undermines its credibility and is an affront to the courageous and continuing calls made by the people of Myanmar to reject the junta. As we saw in a graphic video shared on social media over the weekend of the military deliberately running down peaceful demonstrators, despite the risks, the Myanmar people are literally putting their lives on the line every day to reject the junta, and calling for their voices to be heard.” Grant Shubin, Legal Director of Global Justice Center: “Today’s result is a vote of confidence for the rule of law in Myanmar—but much more remains to be done. The junta has committed crimes against humanity with its widespread and systematic attacks on the people of Myanmar. In addition to denying the junta the legitimacy it craves, the international community must also take positive steps to end the Tatmadaw’s impunity and ensure justice and accountability for Myanmar.” On 10 September, 358 Myanmar and international civil society organizations called on the UN Member States to ensure that the current Permanent Representative of Myanmar to the UN, Ambassador U Kyaw Moe Tun, retains his position as Myanmar’s representative to the UN. See the open letter to members of the UN General Assembly here: https://progressivevoicemyanmar.org/wp-content/uploads/2021/09/UNGA_Credentials_FINAL_ENG.pdf
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UN General Assembly Passes Resolution on Myanmar Coup

Myanmar
United Nations
NEW YORK — The United Nations General Assembly today passed a resolution addressing the military coup in Myanmar. It is the first resolution from the general assembly since the coup on February 1. This resolution comes on the same day of a closed-door briefing on Myanmar at the UN Security Council. The Council has issued several statements on the coup, but has yet to pass any resolution. Grant Shubin, legal director of the Global Justice Center, issued the following statement: “A resolution from the General Assembly is a necessary and positive step for the international community. But just like with Security Council actions that precede it, today’s resolution does not go far enough to meet the demands of Myanmar’s people. “The bright sides of the General Assembly’s resolution, including the call on all nations to prevent arms flows into Myanmar, are in stark contrast to the Security Council’s failure to take decisive action. “As the body responsible for maintaining international peace and security, the Security Council can no longer stand idly by while Myanmar’s military uses its decades-old playbook to commit widespread and systematic human rights violations. The time for closed meetings and toothless statements of concern is over.” “The Security Council must finally do what women’s rights activists in Myanmar have been calling for for years — take concrete and decisive action to condemn the military and hold them accountable for international crimes committed against all of Myanmar’s people.”
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UN Security Council Resolution on Gender Equality Fails After Major Countries Abstain

UN Security Council
United Nations
NEW YORK — A United Nations Security Council resolution on Women, Peace, and Security (WPS) failed to pass today after 10 countries abstained from the vote because the resolution failed to advance the agenda. The resolution effort was led by Russia, the Security Council president during the month of October. The countries abstained after the resolution fell below agreed language on human rights, the role of civil society, and women’s participation in peace processes. Adopted 20 years ago with Resolution 1325, WPS is an agenda that addresses the unique and disproportionate impact of conflict on women and girls. Grant Shubin, legal director of the Global Justice Center, issued the following statement: “Every country who withheld its vote for this unnecessary and dangerous resolution should be applauded. The Women, Peace and Security agenda is anchored in human rights and this resolution could have turned back the clock on 20 years of progress. “Women in conflict-affected countries are suffering catastrophic impacts due to COVID-19. Any attack on this critical tool for advancing women’s health and rights is dangerous and we’re glad to see a diverse group of nations stand up for the agenda and its bold commitments to gender equality.”
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UN Secretary-General Releases Report on Conflict-Related Sexual Violence

Sexual Violence
United Nations
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 that called 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.”
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USAID Chief Demands Abortion be Removed from UN COVID-19 Response Plan

Abortion
Reproductive Rights
United Nations
United States
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.”
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United Nations Secretary-General Releases Policy Brief on Human Rights & COVID-19

United Nations
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.”  
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