Gender apartheid: oppression of women should be made a crime against humanity – feminist academic explains why

By Penelope Andrews, New York Law School

Crimes against humanity are occurring with impunity around the globe; from Myanmar to Sudan, Ukraine and elsewhere. And yet, unlike international treaties for the crimes of genocide, torture, apartheid and forced disappearances, there isn’t a treaty specific to crimes against humanity.

That lack is now being remedied.

The International Law Commission, a UN expert body, has submitted draft articles for a treaty to the UN’s Sixth Committee. This is the main forum for considering legal questions in the UN General Assembly. The intention is to give countries more legal tools to hold accountable those who commit crimes against humanity. It is expected that the treaty process will conclude in October 2024.

The new treaty may include special protection for women.

A group of women activists is lobbying the committee to consider including in the treaty a new definition aimed at protecting women against all forms of oppression. They are advocating for a definition of this discrimination as “gender apartheid”. The idea is that it would track the definition of racial apartheid by replacing the word “race” with “gender”.

Apartheid (Afrikaans for “apartness”) policies were codified in South Africa between 1948 and 1954. The ideology divided South Africans on the basis of race in all spheres of life.

The lobbyists argue that the international community responded comprehensively to racial apartheid after the Apartheid Convention made it a crime in 1973. This forced the South African apartheid state to be held accountable for the crime. It also imposed an obligation on UN member states to eradicate the institutionalised systematic oppression and domination of black South Africans.

As an academic who has researched and written extensively on racial and gender equality, I fully support broadening the definition of the crime of apartheid to include gender. I believe this is necessary given the persistence and ubiquity of structural discrimination and violence against women in the world.

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