The Push To Recognize 'Gender Apartheid' As A Crime

Afghan women wait to receive food rations distributed by a humanitarian aid group in Kabul.

The world has long been aware of the scourge of apartheid -- the systemic segregation or discrimination of people based on their race. But what about the institutionalized practice of singling people out for ill-treatment due to their gender?

The push to recognize "gender apartheid" under international law is gaining steam, with oppression against women and girls in Afghanistan and Iran fueling calls for immediate action, but tremendous obstacles remain.

What Do They Want?

Advocates want to clearly define gender apartheid as a crime under international law. Currently, only "persecution" on the basis of gender is recognized as a crime against humanity. But rights groups and activists say the concept of persecution does not fully capture the scope of the abuses committed under a system of institutionalized gender apartheid.

The goal is for the United Nations to make up for this gap by legally shielding women and girls from systemic abuse and violence.

Afghan women's rights defenders are credited with being the first to articulate the concept of gender apartheid in the 1990s, during the Taliban's first regime.

Since the Taliban returned to power in 2021, the hard-line Islamist group has reimposed its oppressive policies against women and girls, including severe restrictions on their appearances, freedom of movement, and right to work and study.

Hoda Khamosh, an Afghan women's rights activist, says the recognition of gender apartheid would greatly benefit women's rights in the country.

"We would be able to hold accountable the authorities and perpetrators of gender-based violence and discrimination against women," Khamosh told RFE/RL's Radio Azadi.

Meanwhile, Iranian women’s rights activists have said the institutionalized discrimination against women in the Islamic republic amounts to gender apartheid.

UN experts have said the violent enforcement of the hijab law and punishments on women and girls who fail to wear the head scarf could be described as a form of gender apartheid.

Security forces in Iran warn women to wear their hijabs properly.

When Do They Want It?

Today. The United Nations has been considering the adoption of a major treaty that would unite signatories against crimes against humanity.

Dozens of rights groups and hundreds of individuals signed a statement in March calling for gender apartheid to be included on the draft list of such crimes.

The hope is that the UN General Assembly will adopt procedures to begin negotiations on the treaty when it next meets in September.

Tough Going

While the concept of gender apartheid has increasingly been used by the United Nations and international organizations, particularly in connection with abuses against women and girls in Afghanistan and Iran, there have also been missed opportunities.

During UN-hosted talks in Doha with the Taliban in early July, for example, women did not have a seat at the table.

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Where Are The Women? All-Male UN Talks With Taliban Spark Controversy

Rights activists calling for the recognition of gender apartheid and for sanctions to be imposed on those responsible accused the UN of giving legitimacy to the Taliban's rule and of betraying its commitment to women's rights.

"The international community has a moral obligation to ensure the protection of Afghan women’s rights and uphold the principles of justice and equality in any engagement with the Taliban," Sima Samar, former chairperson of the Afghan Independent Human Rights Commission (AIHRC), told CIVICUS, a global alliance of civil society organizations.

Imprisonment And Death In Iran

Like the Taliban in Afghanistan, Iran's clerical regime has been labeled a "gender apartheid regime" by rights watchdogs.

Nobel Peace Prize laureate Shirin Ebadi, an Iranian human rights activist who lives in exile, is among the key signatories of a global effort to End Gender Apartheid Today.

The movement, highlighting the international community's successful effort to end apartheid in South Africa decades ago, noted that women in Iran are banned from many fields of study, sporting events, and from obtaining a passport or traveling outside the country without their husband's consent.

The Iranian authorities' goal is to maintain women's subjugation to men and the state through a system of laws, the movement said. Violations can lead to "violence, imprisonment, and death."

"The situations in the Islamic Republic of Iran and under the Taliban in Afghanistan are not simply cases of gender discrimination," the movement concluded in its call for support.

"Rather, these systems are perpetuating a more extreme, systematic, and structural war against women designed to dehumanize and repress them for purposes of entrenching power.”


Written by Michael Scollon with reporting by RFE/RL's Radio Azadi