Stop Gender Apartheid and the Fundamentalisms That Create It

“Gender Apartheid means any act, policy, practice, or omission systematically and institutionally committed by an individual, state, organization, entity, or group with the purpose or effect of establishing, maintaining, or perpetuating the domination of one gender over another through institutionalized segregation, oppression, or discrimination in political, economic, social, cultural, educational, professional, or other areas of public and private life.”

This is the definition for the crime of gender apartheid developed by CISDA, with the support of a team of legal experts, and sent directly (and through the Italian delegation) to the UN Sixth Committee, which is working on drafting a global treaty to prevent and punish crimes against humanity.

It is a complex task that the UN has been addressing for six years, but by the end of 2024, despite opposition from some countries, a roadmap was outlined. Although negotiations on the treaty itself are scheduled for 2028 and 2029, the timeline allows for member states and civil society to submit proposals to the Committee.

The Stop Fundamentalism – Stop Gender Apartheid Campaign

To support its contribution to this process, CISDA, along with a network of associations it collaborates with in Italy and Europe, launched the STOP FONDAMENTALISMI – STOP APARTHEID DI GENERE campaign, highlighting the close link between fundamentalism and gender apartheid. As part of this campaign, a petition has been opened, calling on the Italian government to support the objectives summarized below and advocate for them at international institutions:

1. Recognition of gender apartheid as a crime against humanity (on par with racial apartheid) within international treaties, applying to systematic and institutionalized crimes in Afghanistan.
2. Non-recognition, either legally or de facto, of the Taliban fundamentalist regime, supporting actions by some countries to refer Afghanistan to the International Court of Justice for violations of the Convention on the Elimination of All Forms of Discrimination Against Women, as well as to the International Criminal Court for further investigations into ongoing violations of women’s rights by the Taliban.
3. Support for Afghan anti-fundamentalist and democratic forces not compromised by previous governments and fundamentalist parties, while denying political representation to members of previous Afghan governments, representatives of a corrupt political class.

Let us delve into each of these objectives to understand why they are so closely interconnected.

Why Gender Apartheid is a Crime Against Humanity

First, it is essential to note that the concept of “gender apartheid” has not yet been codified in international law as a crime. The crime of apartheid, as defined in the Rome Statute of the International Criminal Court, focuses on racial discrimination.

Human rights violations based on gender, such as sexual violence, rape, denial of reproductive rights, and gender segregation, have unique characteristics distinct from racial discrimination. Recognizing them as a crime would allow for the international legal system to address systematic violations targeting girls, women, and gender-nonconforming individuals, including LGBTQI+ people.

In the definition proposed by CISDA, key elements include institutionalized segregation, oppression, and discrimination, fundamental characteristics of historical apartheid regimes. The proposal emphasizes that these acts can be committed not only by state actors but also by non-state entities, such as organized groups. This distinction underscores the role non-state actors can play in committing and perpetuating severe human rights violations.

Additionally, the definition includes omission as a form of criminal conduct, where authorities fail to act to prevent or punish gender-based discrimination or violence.

The definition of “victims” encompasses any group identified by gender and individuals who are gender nonconforming—a critical expansion that extends protections beyond the traditional male-female binary and addresses discrimination and violent actions against LGBTQI+ individuals.

Why Fundamentalism Creates Gender Apartheid

CISDA has explicitly linked the concept of “fundamentalisms” (the plural is intentional) with gender apartheid, as it believes that gender-based discrimination and oppression are direct consequences of a fundamentalist approach to society—an approach not limited to Islam or religions in general.

Accustomed to associating fundamentalism with Islam, we often forget that the term originated from a Protestant religious movement in the United States in the late 19th century. This movement, opposing liberal Protestantism and all rationalistic and critical tendencies, imposed rigid and intransigent adherence to the “fundamentals” of Christianity.

Today, one only needs to consider extremist Christian anti-abortion movements to understand that fundamentalism is not exclusive to certain interpretations of Islam.

Moreover, fundamentalism is not confined to religion. The term also describes “the attitude of those who pursue an extremely conservative interpretation and a rigid and uncompromising implementation of a religion, political ideology, scientific theory, literature, etc.” For this reason, CISDA has chosen to use the plural form to advocate for stopping all forms of fundamentalism, whether religious, political, racial, or ideological.

The campaign and the petition specifically condemn the Taliban fundamentalist regime, responsible for suppressing the most basic human rights of civilians, especially women and LGBTQI+ individuals. This suppression is a deliberate attempt to establish a governmental system centered on a fundamentalist ideology with the primary goal of systematically and institutionally annihilating women.

Afghanistan represents the most emblematic case of “gender apartheid.” Women there cannot attend school, work, go out alone, visit parks or gardens, or use public restrooms. They cannot show their faces in public, sing, pray aloud, or participate in public and social life, being confined to their homes.

Why Support Afghanistan’s Anti-Fundamentalist, Democratic, and Progressive Forces

Although gender apartheid is a daily crime in Afghanistan, women’s self-determination faces severe limitations worldwide, including in the Western world. Thus, condemning fundamentalism goes hand in hand with promoting the value of secularism—the only effective safeguard against barbarity.

This brings us to the third objective of CISDA’s petition: supporting Afghanistan’s anti-fundamentalist and democratic forces not compromised by previous governments and fundamentalist parties. Secularism and adherence to democratic principles by opposition forces to an absolutist and fundamentalist regime are vital issues.

The situation in Afghanistan, largely forgotten by the media, serves as a stark warning for other countries, like Syria, where the joy for the fall of the criminal Bashar al-Assad risks being replaced by the terror of the fundamentalist group Tahrir al-Sham.

Afghanistan’s history is a cautionary tale: since the late 1970s, the country has suffered foreign interference from international and regional powers funding and arming fundamentalist groups. These events, common in many nations, have led to decades of war, civilian casualties, endemic corruption, drug trafficking, and the destruction of social and environmental fabrics, causing forced migrations.

However, Afghanistan also has democratic organizations, active since the 1970s, advocating for women’s equality and social justice, fundamental rights to education, legal defense, medical care, and liberation from poverty and violence. Organizations such as RAWA supported by CISDA since its inception, are examples of this resilience.

These men and women, despite having opportunities to leave the country after the Taliban’s return, have chosen to stay. They face daily risks under the repressive Taliban regime and continue to work alongside women, children, and a population primarily living in extreme poverty, oppression, and denial of basic human rights.

It is crucial to deny political representation to individuals linked to previous corrupt Afghan governments while supporting democratic and anti-fundamentalist forces. Too often, ambiguous figures compromised by past regimes present themselves as defenders of Afghan women’s rights.