Gender Apartheid Nears International Crime Status

Human Rights Watch

This summer marked a historic milestone for the movement to legally recognize gender apartheid as a

crime under international law. This effort is a key priority for our organizations; we see it as an urgently

needed step to strengthen women's rights and gender justice globally.

On June 3, 2026, the first round of formal proposals for amendments to the draft United Nations crimes

against humanity treaty was released. These submissions-together with the existing state interventions

before the UN General Assembly Sixth (Legal) Committee-will form the baseline for the treaty

negotiations starting in January 2028. For the addition of gender apartheid to be part of the negotiations,

it was important that at least one state propose its inclusion; in fact, multiple states did.

As part of a growing civil society coalition advocating for the inclusion of gender apartheid in the new

crimes against humanity treaty, we commend the leadership of countries from across four regions,

including Australia, Spain, and Uruguay, who proposed the inclusion in their national capacity, and

Iceland, Mexico, and Timor-Leste, who submitted a joint proposal on gender apartheid. These

countries put forward a definition of gender apartheid as "inhumane acts … committed in the context

of an institutionalized regime of systematic oppression and domination by one gender group over any

other gender group or groups, and committed with the intention of maintaining that regime." Together

with prior state interventions on the crimes against humanity treaty, there are now 14 countries that

have publicly expressed support for making gender apartheid an international crime.

In the months and years ahead, governments will debate how and whether to include gender apartheid

as a crime within the proposed treaty. Decisions made during this period could shape international law

for generations. We urge all other countries committed to women's rights and gender justice to join

the coalition of states leading on this effort.

We also call on states to ensure that those experiencing deliberate, institutionalized, and systematic

gender-based oppression remain at the center of the conversation. As the governments of Iceland,

Mexico, and Timor-Leste stated in their joint proposal, "[t]he imperative to enumerate gender apartheid

emanates from the decades-long leadership of the women of Afghanistan," who have called on the

international community to recognize that the term gender apartheid "most accurately describes the

totality of the distinct and transgenerational harms committed against them."

April 30 was just the first deadline for proposals on the treaty. Leading up to the 2028 and 2029

negotiations, countries should join the groundswell of support, in solidarity with the women of

Afghanistan and as a safeguard against the repetition of such systematic oppression elsewhere. We

encourage countries from all regions to formally submit proposals to the treaty process recognizing

gender apartheid as an enumerated crime. Upholding women's rights everywhere requires no less.

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