She’s one of the world’s most effective champions of women’s rights, human rights, and democratic values. For Women’s History Month, we speak with Felice Gaer, director of American Jewish Committee’s Jacob Blaustein Institute for the Advancement of Human Rights. Gaer, who fights for religious freedom, the rights of women, and against antisemitism, highlights the importance of women's voices in an often-male dominated field. She has been appointed to the US Commission on International Religious Freedom, serving five terms (three as chair and two as vice chair), and was the first American elected to serve on the UN's Committee Against Torture.

*The views and opinions expressed by guests do not necessarily reflect the views or position of AJC.

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Episode Lineup:

(0:40) Felice Gaer

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Show Notes:

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JBI Appeal on the One-Year Anniversary of the Russian Invasion of Ukraine

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Transcript of Interview with Felice Gaer

Manya Brachear Pashman:

Felice Gaer has served as the director of AJC's Jacob Blaustein Institute for the Advancement of human rights, affectionately known here as JBI since 1993. During that time, she has specifically focused on the rights of religious freedom, the rights of women, the prohibition of torture and the struggle against antisemitism globally. She has been appointed a public member of at least nine US delegations to United Nations Human Rights negotiations, including the Vienna World Conference on human rights in 1993. And the Beijing World Conference on Women in 1995. She was the first American elected to serve on the UN's Committee Against Torture. In fact, she served five terms, and she was appointed to the US Commission on International Religious Freedom, where she served as chair and advised the President and Congress on US human rights policy.

And even though she's not a lawyer or a court justice, on March 30, she receives the Honorary Member award of the American Society of International Law, the preeminent international society in this field, as we mark International Women's Day this week and women's history this month, Felice is with us now to discuss today's human rights challenges and the challenges she has faced as a woman in the Human Rights world.

Felice, welcome to People of the Pod.

Felice Gaer:

Thank you, Manya.

Manya Brachear Pashman:

So let’s start with the beginning. Can you share with our listeners a little about your upbringing, and how Jewish values shaped what you do today?

Felice Gaer:

Well, I had a fairly ordinary upbringing in a suburb of New York City that had a fairly high percentage of Jews living in it–Teaneck, New Jersey. I was shaped by all the usual things in a Jewish home. First of all, the holidays. Secondly, the values, Jewish values, and awareness, a profound awareness of Jewish history, the history of annihilation, expulsion, discrimination, violence. But also the Jewish values of universality, respect for all human life, equality before the law, sense of realism, sense that you can change your life by what you do, and the choices that you make. These are all core Jewish values. And I guess I always have found the three part expression by Rabbi Hillel to sum up the approach I've always taken to human rights and most other things in life. He said, If I'm not for myself, who will be, and if I'm only for myself, what am I? And if not now, when? So that's a sense of Jewish particularism, Jewish universalism, and realism, as well.

Manya Brachear Pashman:

You went to Wellesley, class of 1968, it's an all-women's college. Was there a strong Jewish presence on campus there at a time? And did that part of your identity even play a role in your college experience?

Felice Gaer :

Well, I left, as I said, a town that had a fairly sizable Jewish population. And I went to Wellesley and I felt like I was in another world. And so even as long ago as 1964-65, that era, I actually reached out to Hillel and participated in very minor activities that took place, usually a Friday night dinner, or something like that. But it really didn't play a role except by making me recognize that I was a member of a very small minority.

Manya Brachear Pashman:

Here on this podcast, we've talked a lot about the movement to free Soviet Jewry. As you pursued graduate work at Columbia, and also during your undergrad days at Wellesley, were you involved in that movement at all?

Felice Gaer:

Well, I had great interest in Russian studies, and in my years at Wellesley, the Soviet Union movement was at a very nascent stage. And I remember arguments with the Soviet Ambassador coming to the campus and our specialist on Russian history, arguing about whether this concern about the treatment of Soviet Jews was a valid concern.

The professor, who happened to have been Jewish, by the way, argued that Jews in the Soviet Union were treated badly, but so was everybody else in the Soviet Union. And it really wasn't something that one needed to focus on especially. As I left Wellesley and went to Columbia, where I studied political science and was at the Russian Institute, now the Harriman Institute, I found that the treatment of Soviet Jews was different in many ways, and the capacity to do something about it was serious.

We knew people who had relatives, we knew people who wanted to leave. The whole Soviet Union movement was focused around the desire to leave the country–not to change it–that was an explicit decision of Jewish leaders around the world, and in the Soviet Union itself. And so the desire to leave was something you could realize, document the cases, bring the names forward, and engage American officials in a way that the Jewish community had never done before with cases and examples demanding that every place you went, every negotiation that took place, was accompanied by lists of names and cases, whose plight will be brought to the attention of the authorities. And that really mobilized people, including people like me.

I also worked to focus on the agenda of internal change in the Soviet Union. And that meant also looking at other human rights issues. Why and how freedom of religion or belief was suppressed in this militantly atheist state, why and how freedom of expression, freedom of association, and just about every other right, was really severely limited. And what the international standards were at that time. After I left Columbia, that was around the time that the famous manifesto from Andrei Sakharov, the world famous physicist, Nobel Prize winner, was made public. It was around the time that other kinds of dissident materials were becoming better known about life inside the Soviet Union post-Khrushchev.

Manya Brachear Pashman:

So you left Colombia with a master's degree, the Cold War ends, and you take a job at the Ford Foundation that has you traveling all around Eastern Europe, looking to end human rights abuses, assessing the challenges that face that region. I want to ask you about the treatment of women, and what you witnessed about the mistreatment of women in these regions. And does that tend to be a common denominator around the world when you assess human rights abuses?

Felice Gaer:

Well, there's no question that the treatment of women is different than the treatment of men. And it's true all over the world. But when I traveled in Eastern Europe and the Soviet Union in the height of those years, height of the Cold War, and so forth, the issues of women's rights actually weren't one of the top issues on the agenda because the Soviet Union and East European countries appeared to be doing more for women than the Western countries.

They had them in governance. They had them in the parliament. They purported to support equality for women. It took some years for Soviet feminists, dissidents, to find a voice and to begin to point out all the ways in which they were treated in the same condescending, patriarchal style as elsewhere. But in those years, that was not a big issue in the air.

It was unusual for me, a 20-something year old woman from the United States to be traveling around Eastern Europe and the Soviet Union, meeting with high officials and others, and on behalf of the Ford Foundation, trying to develop programming that would involve people to people contacts, that would involve developing programs where there was common expertise, like management training, and things of that sort. And I was really an odd, odd duck in that situation, and I felt it.

Manya Brachear Pashman:

I mentioned in my introduction, the Beijing World Conference on Women, can you reflect a little on what had a lasting impact there?

Felice Gaer:

Well, the Beijing World Conference on Women was the largest, and remains the largest conference that the United Nations has ever organized. There were over 35,000 women there, about 17,000 at the intergovernmental conference. I was on the US delegation there.

The simple statement that women's rights are human rights may seem hackneyed today. But when that was affirmed in the 1995 Beijing Outcome Document, it was a major political and conceptual breakthrough. It was largely focused on getting the UN to accept that the rights of women were actually international human rights and that they weren't something different. They weren't private, or outside the reach of investigators and human rights bodies. It was an inclusive statement, and it was a mind altering statement in the women's rights movement.

It not only reaffirmed that women's rights are human rights, but it went further in addressing the problems facing women in the language of human rights.

The earlier world conferences on women talked about equality, but they didn't identify violations of those rights. They didn't demand accountability of those rights. And they said absolutely nothing about creating mechanisms by which you could monitor, review, and hold people accountable, which is the rights paradigm. Beijing changed all that. It was a violations approach that was quite different from anything that existed before that.

Manya Brachear Pashman :

Did anything get forgotten? We talked about what had a lasting impact, but what seems to have been forgotten or have fallen to the wayside?

Felice Gaer:

Oh, I think it's just the opposite. I think the things that were in the Beijing conference have become Fuller and addressed in greater detail and are more commonly part of what goes on in the international discourse on women's rights and the status of women in public life. And certainly at the international level that's the case.

I'll give you just one example, the Convention Against Torture. I mean, when I became a member of the committee, the 10 person committee, I was the only woman. The committee really had, in 11 years, it had maybe said, four or five things about the treatment of women. And the way that torture, ill treatment, inhuman, degrading treatment may affect women.

It looked at the world through the eyes of male prisoners in detention. And it didn't look at the world through the eyes of women who suffer private violence, gender based violence, that is that the state looks away from and ignores and therefore sanctions, and to a certain extent endorses.

And it didn't identify the kinds of things that affect women, including women who are imprisoned, and why and where in many parts of the world. What one does in terms of education or dress or behavior may lead you into a situation where you're being abused, either in a prison or outside of prison. These are issues that are now part of the regular review, for example, at the Committee Against Torture, issues of of trafficking, issues of gender based violence, the Sharia law, the hudud punishments of whipping and stoning, are part of the concern of the committee, which they weren't before.

Manya Brachear Pashman:

In other words, having that woman's perspective, having your perspective on that committee was really important and really changed and broadened the discussion.

Felice Gaer:

Absolutely. When I first joined the committee, the first session I was at, we had a review of China. And so I very politely asked a question about the violence and coercion associated with the population policy in China, as you know, forced abortions and things of that sort. This was a question that had come up before the women's convention, the CEDAW, and I thought it was only appropriate that it also come up in the Committee Against Torture.

In our discussion afterwards, the very stern chairman of the committee, a former constable, said to me, ‘You know, this might be of interest to you, Ms. Gaer, but this has nothing to do with the mandate of this committee.’

I explained to him why it did, in some detail. And when I finished pointing out all of those elements–including the fact that the people carried out these practices on the basis of state policy–when I finished, there was a silence.

And the most senior person in the room, who had been involved in these issues for decades, said, ‘I'm quite certain we can accommodate Ms. Gaer’s concerns in the conclusions,’ and they did.

That's the kind of thing that happens when you look at issues from a different perspective and raise them.

Manya Brachear Pashman:

You talked about being an odd duck in your 20s, as a woman traveling around Eastern Europe, trying to address these challenges. I'm curious if that woman in her 20s would have been able to stand up to this committee like that, and give that thorough an explanation? Or did it take some years of experience, of witnessing these issues, perhaps being ignored?

Felice Gaer:

Well, I think as we go through life, you learn new things. And I learned new things along the way. I learned about the universal norms, I learned about how to apply them, how they had been applied, and how they hadn't been applied. And in that process, developed what I would say is a sharper way of looking at these issues.

But the Bosnian conflict in particular, made the issue of gender based violence against women, especially in war, but not only in war, into a mainstream issue, and helped propel these issues, both inside the United Nations and outside, the awareness changed.

I remember asking the International Red Cross representatives in Croatia, just across the border from Bosnia, if they had encountered any victims of gender based violence or rape, and they said, ‘No.’ And I said, ‘Did you ask them about these concerns?’ And they sort of looked down and looked embarrassed, looked at each other and looked back at me and said, ‘Oh.’ There were no words. There were no understandings of looking at the world this way.

And that has changed. That has changed dramatically today. I mean, if you look at the situation in Ukraine, the amount of gender based violence that has been documented is horrifying, just horrifying, but it's been documented.

Manya Brachear Pashman

So is the world of human rights advocacy male-dominated, female-dominated, is it fairly balanced these days? And has that balance made the difference in what you're talking about?

Felice Gaer:

You know, I wrote an article in 1988, the 40th anniversary of the Universal Declaration of Human Rights, about why women's rights weren't being addressed. And one of the points I drew attention to was the fact that the heads of almost all the major organizations at the time were all male. And that it wasn't seen as a concern. A lot of that has changed. There's really a real variety of perspectives now that are brought to bear.

Manya Brachear Pashman:

So we've talked a lot about the importance of [a] woman's perspective. Does a Jewish perspective matter as well?

Felice Gaer:

Oh, on every issue on every issue and, you know, I worked a great deal on freedom of religion and belief, as an issue. That's a core issue of AJC, and it's a fundamental rights issue. And it struck me as surprising that with all the attention to freedom of religion, the concern about antisemitic acts was not being documented by mainstream human rights organizations. And it wasn't being documented by the UN experts on freedom of religion or belief either.

I drew this to the attention of Dr. Ahmed Shaheed, who was recently ending his term as Special Rapporteur on Freedom of religion or belief. And he was really very struck by this. And he went, and he did a little bit of research. And he found out that since computerized records had been prepared at the United Nations, that there had been no attention, no attention at all, to cases of alleged antisemitic incidents. And he began a project to record the kinds of problems that existed and to identify what could be done about it. We helped him in the sense that we organized a couple of colloquia, we brought people from all over the world together to talk about the dimensions of the problem and the documentation that they did, and the proposals that they had for addressing it. And he, as you may recall, wrote a brilliant report in 2019, setting out the problems of global antisemitism. And he followed that up in 2022, before leaving his position with what he called an action plan for combating antisemitism, which has concrete specific suggestions for all countries around the world as to what they can do to help combat antisemitism and antisemitic acts, including and to some extent, starting with adopting the working definition on antisemitism of the International Holocaust Remembrance Alliance, but also activities in in the area of education, training, training of law enforcement officials, documentation and public action. It’s a real contribution to the international discourse and to understanding that freedom of religion or belief belongs to everyone.

Manya Brachear Pashman:

And do you believe that Dr. Shaheed’s report is being absorbed, comprehended by those that need to hear it that need to understand it?

Felice Gaer

I've been delighted to see the way that the European Union has engaged with Dr. Shaheed and his report has developed standards and expectations for all 27 member states, and that other countries and other parts of the world have done the same. So yeah, I do think they're engaging with it. I hope there'll be a lot more because the problem has only grown.

Manya Brachear Pashman:

On the one year anniversary of the Russian invasion of Ukraine, JBI issued a report that sounded the alarm on the widespread violations committed against Ukrainians, you mentioned the amount of gender based violence Since that has taken place, and the other just catastrophic consequences of this war. Felice, you've been on the front row of Eastern European affairs and human rights advocacy in that region. From your perspective, and I know this is a big question: How did this war happen?

Felice Gaer:

I'll just start by saying: it didn't start in 2022. And if you have to look at what happened, the events of 2014, to understand the events of 2022. Following the breakup of the Soviet Union, or even during the breakup, there was a period where the 15th constituent Union republics of the Soviet Union developed a greater national awareness, really, and some of them had been independent as some of them hadn't been, but they developed a much greater awareness. When the Soviet Union collapsed, the 15 countries, including Russia, as one of the 15, became independent entities. And aside from having more members in the United Nations and the Council of Europe and places like that, it led to much more robust activity, in terms of respecting human rights and other areas of endeavor in each of those countries.

The situation in Russia, with a head of state who has been there, with one exception, a couple of years, for 20 years, has seen an angry desire to reestablish an empire. That's the only thing you can say really about it.

If they can't dominate by having a pro-Russian group in charge in the country, then there have been invasions, there have been Russian forces, Russia-aligned forces sent to the different countries. So whether it's Georgia, or Moldova, or Ukraine, we've seen this pattern.

And unfortunately, what happened in 2022, is the most egregious and I would say, blatant such example. In 2014, the Russians argued that it was local Russian speaking, little green men who were conducting hostilities in these places, or it was local people who wanted to realign with Russia, who were demanding changes, and so forth. But in the 2022 events, Russia's forces invaded, wearing Russian insignia and making it quite clear that this was a matter of state policy that they were pursuing, and that they weren't going to give up.

And it's led to the tragic developments that we've all seen inside the country, and the horrific violence, the terrible, widespread human rights violations. And in war, we know that human rights violations are usually the worst.

And so the one good spot on the horizon: the degree to which these abuses have been documented, it's unprecedented to have so much documentation so early in a conflict like this, which someday may lead to redress and accountability for those who perpetrated it. But right now, in the middle of these events, it's just a horror.

Manya Brachear Pashman:

What other human rights situations do we need to be taking more seriously now? And where has there been significant progress?

Felice Gaer:

Well, I'll talk about the problem spots if I may for a minute. Everyone points to North Korea as the situation without parallel, that's what a UN Commission of Inquiry said, without parallel in the world. The situation in Iran? Well, you just need to watch what's happened to the protesters, the women and others who have protested over 500 people in the streets have died because of this. 15,000 people imprisoned, and Iran's prisons are known for ill treatment and torture.

The situation in Afghanistan is atrocious. The activities of the Taliban, which they were known for in the 1990s are being brought back. They are normalizing discrimination, they are engaged in probably the most hardline gender discrimination we've seen anywhere where women can't work outside the home, girls can't be educated, political participation is denied. The constitution has been thrown out. All kinds of things. The latest is women can't go to parks, they can't go to university, and they can't work for NGOs. This continues. It's a major crisis.

Well, there are other countries, from Belarus, to Sudan to Uzbekistan, and China, that we could also talk about at great length, lots of problems in the world, and not enough effort to expose them, address them and try to ameliorate them.

Manya Brachear Pashman

So what do we do about that? What can our listeners do about that, when we hear this kind of grim report?

Felice Gaer:

Work harder. Pay attention when you hear about rights issues. Support rights organizations. Take up cases. Seek redress. Be concerned about the victims. All these things need to be done.

Manya Brachear Pashman:

I don't know how you maintain your composure and your cool, Felice, because you have faced so much in terms of challenges and push back. So thank you so much for all you have done for women, for the Jewish people, and for the world at large. Thank you, thank you, thank you.

Felice Gaer:

Thank you, Manya.

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