Abortion rights advocates protest outside the U.S. Supreme Court. CREDIT: Jon Garr for Fòs Feminista
Two years after the revocation of the Global Gag Rule, no further actions have been taken
Even before the Supreme Court gutted abortion care access last June, the Biden administration faced another abortion rights threat that they could fix, and yet, they haven’t. At its outset, the Biden administration revoked the Global Gag Rule (GGR). But two years later, the current administration still has not done enough to protect abortion rights around the world.
The Trump administration enacted and expanded the GGR, a policy that at face value is an attack from right-wing politicians on organizations around the world and their ability to offer or even talk about access to abortion. It is a destructive policy that has impacted global progress on HIV, reproductive health, and the prevention and treatment of gender-based violence for adolescents, young people, LGBTQI+ people, sex workers, and so many others worldwide. It has even led to death.
Since 1984 it has been enacted by every Republican president and revoked by every Democratic president. But the stench of destruction can linger well into a Democratic presidency.
Two years ago this week, President Biden revoked the GGR and instructed U.S. global health agencies (such as the State Department, USAID, even Department of Defense) to tell all organizations that receive U.S. global health assistance to stop implementing the policy. Some of these organizations fund other organizations who need to be told as well.
Ineffective communication had real consequences: While developing our report, “Chaos Continues: The 2021 Revocation of the Global Gag Rule and the Need for Permanent Repeal,” Fòs Feminista researchers heard accounts from partner organizations who had received inaccurate information about the policy while it was in place, and for over four years, did not give legally allowable referrals for abortions that were the result of rape or incest. One of those partners had not even been informed by the U.S. government that the policy had been revoked. Another implementing partner told us that the U.S. government included the GGR language in a new cooperative agreement, even after the policy had been revoked.
For four years the Trump administration used every tool they had to ensure that organizations were complying with the GGR: and as a result, women, girls, and gender-diverse people did not receive the sexual and reproductive healthcare they needed. The Biden administration has not put nearly the same effort into communicating the revocation and letting organizations know that they can provide, refer, and counsel for abortion using their own funding.
The good news is that the White House and U.S. agencies can fix these communications failures, and the U.S. Congress can remove the threat of future reenactment of the GGR. A permanent repeal of the GGR by Congress is the most effective and long-term way to prevent ongoing harm from this policy, which continues to be turned on and off across administrations. The U.S. government must ensure the policy is no longer being implemented through U.S. global health programs. One way of accomplishing this is passing the Global HER Act.
The bad news is that while the U.S. government certainly has had the opportunity to better communicate the revocation of the GGR, they haven’t been doing it. Through our SRHR Index, we found multiple instances where the U.S. Government could clearly communicate the revocation but didn’t. In some cases, even overlooking tools that the Trump administration used to enforce the policy.
The White House could have used the groundbreaking National Strategy on Gender Equity and Equality to call on Congress to end the GGR. The Department of State could have used the PEPFAR Country and Regional Operational Plan Guidance for All PEPFAR Countries to actually, as the name implies, provide guidance to stakeholders about what the revocation means for their work. In fact, USAID’s document describing its internal policies and procedures simply removed the GGR language and replaced it with the word “Reserved.” The document wasn’t updated to indicate that the policy had been revoked, and no information was given to provide NGOs with guidance on how to implement the revocation and adapt their programs accordingly.
It’s not enough to make statements in support of human rights and access to abortion. The current administration must do better at governing. It must do better at communicating the changes that have occurred since Biden became president. Say “abortion.” And advocate for it.
