On March 8, 2023, a vibrant initiative emerged on International Women’s Day: the End Gender Apartheid Campaign. This remarkable effort, launched by Afghan and Iranian jurists and activists, aims to legally codify gender apartheid under international law, marking a poignant acknowledgment of the long-standing struggles faced by women in these regions. Supported by esteemed global figures, including the former Prosecutor of the International Criminal Court and Nobel laureates, this campaign propels the urgent recognition of gender apartheid as a grave violation of human rights that demands entry into the UN Crimes Against Humanity treaty.
The two years following the campaign’s inception have seen both progress and criticism. This article steers clear of rehashing Afghanistan’s situation or the legal arguments already addressed; instead, it focuses on the current opportunities, challenges, and critiques that the movement faces while forging onward towards the codification of gender apartheid. The urgency of this recognition resonates deeply with women, girls, and LGBTQI+ individuals, who advocate for their rights and identity against oppressive regimes.
At the heart of this campaign lie the voices of Afghan women and girls, alongside LGBTQI+ individuals, underlining their lived experiences as gender apartheid. The Special Rapporteur for human rights in Afghanistan affirmed that Afghans articulate gender apartheid as an accurate descriptor for the suffering they endure. The concept, rooted in past advocacy, was coined during the Taliban’s harsh policies from 1996 to 2001, when women were stripped of freedoms and rights. Influential figures like Sima Wali have long championed the need to recognise these dire injustices, leading to the coining of the term as a means to adequately capture the severity of the atrocities faced by Afghan women.
Efforts to fortifying their rights continue unabated, as women brave protests despite severe repercussions. Their determination brings the focus on gender apartheid into discussions at the highest levels of the United Nations. Agnes Callamard of Amnesty International eloquently states the need for recognition of institutionalised oppression, urging all to honour the calls from women across Afghanistan and Iran—a duty owed to justice and to the sacrifices made by activists.
The plea for codifying gender apartheid is not merely a legal matter; it is a call to acknowledge the extensive, systemic harms faced by women under the Taliban’s rule. While human rights discussions often fixate on discrete violations, the totalitarian nature of the Taliban’s governance reveals an accountability gap that defies existing frameworks. What sets Afghanistan apart is its unique situation, where oppressive practices, driven by a regime intent on gender domination, create a context devoid of basic freedoms for women and LGBTQI+ individuals.
As the UN High Commissioner for Human Rights points out, Afghan women live as virtual prisoners, deprived of fundamental rights across the board. It is this systematic oppression that starkly differentiates gender apartheid from other forms of gender-based crimes, highlighting a calculated intent to maintain subjugation of marginalized groups. In understanding the intersectionality of these harms, the compounded discrimination faced by women based on ethnicity, religion, and sexual identity becomes undeniable, painting a deeper, troubling picture of societal norms upheld by the Taliban regime.
Over the past two years, recognition of the term gender apartheid has gained significant traction globally. Notable nations such as Albania, along with support from countries like Australia and the United States, have begun to embrace strong terminology to address these injustices. Malta, for instance, has proposed to broaden the definition of apartheid to include systematic oppression based on gender. Meanwhile, international bodies, including senior UN officials, echo this call, reflecting an increasing consensus on the pressing need for gender apartheid’s recognition as a crime against humanity. International NGOs and advocacy groups are unwavering in their commitment to codifying this urgent issue, reinforcing the gravity and necessity of such legal recognition.
On International Women’s Day 2023, the End Gender Apartheid Campaign was launched to advocate for codifying gender apartheid under international law. Supported by international jurists and leaders, the campaign highlights the need for recognition due to the systematic oppression experienced by women and LGBTQI+ individuals in Afghanistan and Iran. Growing momentum from global leaders reinforces the urgency of this cause. The article explores the opportunities and challenges faced by this vital movement.
The End Gender Apartheid Campaign represents a pivotal step towards the global acknowledgment of gender apartheid as a crime against humanity. The voices of Afghan women, girls, and LGBTQI+ individuals resonate as a clarion call for justice, shedding light on the systemic oppression they endure under the Taliban. The growing international support underscores an imperative to recognize and codify gender apartheid, bridging the gap in existing legal frameworks. The journey continues, with advocates determined to transform recognition into substantive change that addresses the profound injustices faced by numerous communities.
Original Source: opiniojuris.org
