The newly awarded Nobel Peace Prize recipient, Iranian human rights activist Narges Mohammadi, has lent her voice to a resounding call made by female activists and legal scholars. This collective appeal urges the United Nations (UN) to expand the forthcoming definition of crimes against humanity to encompass the harrowing concept of gender apartheid.
In a monumental moment set to unfold next week, the UN is slated to deliberate on a draft treaty addressing crimes against humanity. Within this pivotal discourse, Mohammadi aligns herself with a crucial demand—to eradicate an ominous “accountability vacuum” by enshrining gender apartheid within the treaty.
This clarion call has garnered support from prominent figures such as former Democratic presidential candidate Hillary Clinton, distinguished South African justice Richard Goldstone, renowned author Gloria Steinem, former UN High Commissioner for Human Rights Navi Pillay, and three distinguished Nobel laureates: Shirin Ebadi, Malala Yousafzai, and Nadia Murad. Dr. Fatou Bensouda, the former Chief Prosecutor of the International Criminal Court, has also lent her influential endorsement to this vital cause.
In a joint communique addressed to the UN, and fortified by the backing of numerous Afghan female human rights activists, the authors convey a sobering message: “The failure to codify gender apartheid perpetuates an accountability vacuum that leaves many victims and survivors without remedy or reparation.”
This call is primarily directed at addressing extreme instances of gender oppression, such as the Taliban’s brutal subjugation of women. However, it may engender controversy in certain Islamic nations where the role of women is perceived diversely—some rulers argue that it embodies protection rather than subjugation.
For the past year, the UN has been engrossed in deliberations to reach a consensus on a convention or treaty for the prosecution and prevention of crimes against humanity. This arduous process is scheduled to culminate in October 2024.
It is crucial to note that crimes against humanity are distinct from war crimes, transpiring not only in times of conflict but also in times of peace. Perpetrators can include both states and non-state actors. Astonishingly, there is no universally agreed multilateral treaty addressing crimes against humanity, let alone safeguarding against them.
The authors underscore, “The crime of gender apartheid is unique in animus and intent. It is distinct from other international crimes, including gender persecution, due to its dystopian ambition to maintain an institutionalized regime of systematic oppression and domination, where the underclass is subjugated for the dominant group’s benefit and survival, dehumanized, and cut off from the resources and access needed to overcome their choreographed oppression. The Taliban’s ever-deepening and institutionalized oppression of Afghan women and girls is a case in point.”
Furthermore, they contend that by confining the draft treaty’s definition of “apartheid” to the 1998 Rome Statute of the International Criminal Court, the UN is unduly restricting itself to a quarter-century-old articulation of race-based apartheid. This omission fails to address gender-based apartheid, an issue recognized by the international community, including UN Secretary-General António Guterres.
In consequence, a critical gap remains in holding both state and individual perpetrators accountable for the entirety of their crimes, while recognizing and redressing the unique and often transgenerational harm endured by victims of gender apartheid.
The architects of gender apartheid seek to perpetuate a form of governance meticulously designed to systematically oppress and dominate a subset of society. This ruthless endeavor permits the dominant group to coexist with their subjugated counterparts, reaping the benefits of their oppression.
In Afghanistan, the Taliban have systematically stripped women of their autonomy and agency, relegating them to the tiniest sphere of existence: a confined existence secluded behind closed doors, bereft of public engagement or participation in political, educational, or recreational pursuits.
This impassioned plea for the inclusion of gender apartheid within the UN’s framework for crimes against humanity marks a significant stride towards addressing a grave injustice that has afflicted countless women worldwide. The world now waits to see how the international community responds to this pressing call for justice and equality.
