Accountability for Sexual and Gender-based Violence as a Tool in Conflict Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1777 To amend the Foreign Assistance Act of 1961 to include in the Annual Country Reports on Human Rights Practices a section on conflict-related sexual and gender-based violence, to amend the Global Magnitsky Human Rights Accountability Act to authorize the President to impose economic sanctions and a visa ban on the leader of an organization that commits sexual or gender-based violence. IN THE SENATE OF THE UNITED STATES JUNE 11, 2019 Mr. MARKEY (for himself, Mrs. SHAHEEN, and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Assistance Act of 1961 to include in the Annual Country Reports on Human Rights Prac- tices a section on conflict-related sexual and gender- based violence, to amend the Global Magnitsky Human Rights Accountability Act to authorize the President to impose economic sanctions and a visa ban on the leader of an organization that commits sexual or gender-based violence. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 2 •S 1777 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Accountability for Sex- 2 ual and Gender-based Violence as a Tool in Conflict Act 3 of 2019’’. 4 SEC. 2. FINDINGS. 5 Congress makes the following findings: 6 (1) The United States, as a permanent member 7 of the United Nations Security Council, voted in 8 favor of Security Council Resolutions 1325 (2000); 9 1820 (2008); 1888 (2009); 1960 (2010); 2106 10 (2013); 2242 (2015), and 2331 (2016), which state 11 that acts of sexual violence and human trafficking 12 threaten international peace and security and can 13 constitute war crimes, crimes against humanity, acts 14 of genocide, and terrorism. 15 (2) The United States is a signatory to the G8 16 Declaration on Preventing Sexual Violence in Con- 17 flict, done in London April 11, 2013, and sponsored 18 by the United Kingdom’s Foreign & Commonwealth 19 Office’s Preventing Sexual Violence Initiative. The 20 United States and its allies declared that concerns 21 related to sexual violence in armed conflict must be 22 part of peace and security efforts, post-conflict tran- 23 sition and reform measures, and accountability proc- 24 esses. 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 3 •S 1777 IS (3) Despite these advances in normative frame- 1 works, sexual and gender-based violence continues to 2 be pervasive, and the responses from governments 3 and the international community range from insuffi- 4 cient and inadequate to negligent and complicit, as 5 documented in United Nations’ reports. 6 (4) Gender-based violence, including sexual vio- 7 lence— 8 (A) is a global pandemic that affects 1 in 9 3 women during their lifetimes; and 10 (B) occurs at higher rates in conflict-af- 11 fected areas. 12 (5) Incidences of domestic violence, child, early, 13 or forced marriages, human trafficking, and other 14 forms of sexual and gender-based violence within 15 displaced or conflict-affected communities— 16 (A) increase during conflict due to exacer- 17 bated social tensions and underlying gender in- 18 equalities that existed in communities prior to 19 such conflict; and 20 (B) occur in parallel to sexual and gender- 21 based violence perpetrated as a weapon of war. 22 (6) Gender-based violence is underreported in 23 all settings. Recorded cases of gender-based violence 24 represent only a small fraction of the overall total. 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 4 •S 1777 IS A lack of available data should not be interpreted to 1 mean that gender-based violence is not a major and 2 pressing issue, but should be viewed as an indication 3 of the challenges in gathering information. 4 (7) Rape and sexual assault have been used as 5 tactics of war and terror in conflict zones, including 6 Burma, Central African Republic, Colombia, the 7 Democratic Republic of Congo, Iraq, Mali, Somalia, 8 South Sudan, Sudan, and Syria. 9 (8) Rape, sexual slavery, and other forms of 10 sexual violence have been used by terrorist and ex- 11 tremist groups, such as the so-called Islamic State, 12 Boko Haram, and the Lord’s Resistance Army, to 13 intimidate and terrorize communities. 14 (9) Sexual and gender-based violence in recent 15 conflicts has been used in Iraq, Syria, and Burma 16 as a form of ethnic or religious persecution or geno- 17 cide against Yazidis, Christians, Turkmen Shi’a, and 18 Rohingya Muslims. 19 (10) The Secretary-General of the United Na- 20 tions stated that sexual violence in conflict triggers 21 mass migration and forced displacement. 22 (11) Sexual and gender-based violence in con- 23 flict is primarily used against women and girls, but 24 can also be used against men and boys. 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 5 •S 1777 IS (12) Sexual and gender-based violence is not in- 1 cidental to conflict and is a weapon of choice for 2 armed actors seeking to destabilize societies, given 3 that its stigma and trauma continue after the con- 4 flict has ended. 5 (13) Existing laws often fail to protect sur- 6 vivors of conflict-related sexual or gender-based vio- 7 lence, especially when the perpetrators are represent- 8 atives of government entities, such as military offi- 9 cers, soldiers, or non-state actors operating in areas 10 where governments have failed to keep the peace. 11 (14) Under the doctrine of military command 12 responsibility, leaders can be prosecuted for war 13 crimes when they— 14 (A) knew or should have known that their 15 subordinates were committing war crimes; and 16 (B) failed to take all necessary and reason- 17 able measures to prevent such crimes or inves- 18 tigate and prosecute those responsible for such 19 crimes. 20 (15) Courts with jurisdiction over war crimes 21 may be nonexistent, may lack capacity, or may be 22 subject to the same political failings that allowed 23 conflict-related sexual or gender-based violence to 24 take place. While the United Nations Security Coun- 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 6 •S 1777 IS cil could refer a case to the International Criminal 1 Court, it is constrained by the prospects of a veto. 2 (16) Convicting and imprisoning top military 3 leaders with command or superior responsibility for 4 rape or other forms of sexual and gender-based vio- 5 lence in conflict is essential to deter future crimes of 6 sexual violence. Further support to civil society, 7 grassroots organizations, women-led organizations, 8 and justice actors is necessary to combat sexual vio- 9 lence and provide services and support to survivors. 10 The landmark decision on December 15, 2017, by 11 military justice authorities in the Democratic Repub- 12 lic of the Congo for the conviction of a provincial 13 parliamentarian and members of the ‘‘Army of 14 Jesus’’ militia for the crimes against humanity of 15 rape of dozens of children in Kavumu, Democratic 16 Republic of the Congo is a significant step for end- 17 ing impunity for sexual violence. 18 (17) The United Nations Office of the Special 19 Representative of the Secretary-General on Sexual 20 Violence in Conflict was established by Security 21 Council Resolution 1888 (2009) to work toward end- 22 ing impunity for sexual violence. 23 SEC. 3. STATEMENT OF POLICY. 24 It is the policy of the United States— 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 7 •S 1777 IS (1) to take effective action to prevent and to re- 1 spond to sexual and gender-based violence around 2 the world, particularly when related to conflict, as a 3 matter of promoting basic human rights; 4 (2) to hold accountable leaders who fail to pre- 5 vent, respond to, investigate, and prosecute sexual 6 and gender-based violence; and 7 (3) to support survivors of conflict-related sex- 8 ual and general based violence. 9 SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 10 PRACTICES. 11 (a) SAVINGS PROVISION.—The additional reporting 12 requirements added under sections 116(d) and 502B(h) 13 of the Foreign Assistance Act of 1961 (22 U.S.C. 14 2151n(d) and 2304(h)) should not be considered as a sub- 15 stitute for comprehensive reporting on sexual and gender- 16 based violence in non-conflict settings. Such information 17 should continue to be robustly reported on in the annual 18 Country Reports on Human Rights Practices with any 19 linkages and connections between these areas of reporting 20 drawn through internal references amongst the various 21 sections of each individual Country Report. 22 (b) COUNTRIES RECEIVING ECONOMIC ASSIST- 23 ANCE.—Section 116(d) of the Foreign Assistance Act of 24 1961 (22 U.S.C. 2151n(d)) is amended— 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 8 •S 1777 IS (1) by redesignating paragraphs (9), (10), (11), 1 and (12) as paragraphs (10), (11), (12), and (13), 2 respectively; and 3 (2) by inserting after paragraph (8) the fol- 4 lowing: 5 ‘‘(9)(A) a description of sexual and gender- 6 based violence, including conflict-related sexual and 7 gender-based violence and sexual assault (as defined 8 in section 40002 of the Violence Against Women Act 9 of 1994 (34 U.S.C. 12291)) or rape (as defined in 10 section 2441 of title 18, United States Code), as a 11 tool of terror or war, in each foreign country; 12 ‘‘(B) with respect to each country in which 13 there is sexual and gender-based violence, especially 14 as a result of conflict or where rape or sexual vio- 15 lence has been used as a tool of terror or war by 16 state or non-state actors, an assessment of the ef- 17 forts by the government of that country to combat 18 such violence, including an assessment of— 19 ‘‘(i) whether governmental authorities in 20 that country participate in, facilitate, or con- 21 done sexual and gender-based violence; 22 ‘‘(ii) the steps the government of that 23 country has taken to prohibit government offi- 24 cials, including military officers and non-state 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 9 •S 1777 IS actors from participating in, facilitating, or 1 condoning sexual and gender-based violence, in- 2 cluding the investigation, prosecution, and con- 3 viction of such officials; 4 ‘‘(iii) the steps the government of that 5 country has taken to assist survivors of gender 6 or sexual-based violence, including efforts to 7 prevent survivors from being further victimized 8 by perpetrators, government officials, or others, 9 and provision of humanitarian relief, including 10 provision of comprehensive health care services, 11 including mental, sexual, and reproductive 12 health services, and other physical health care 13 and reparation; and 14 ‘‘(iv) whether the government of that coun- 15 try recognizes the rights of survivors of sexual 16 and gender-based violence and ensures their ac- 17 cess to justice; and 18 ‘‘(C) such other information relating to sexual 19 and gender-based violence, including conflict-related 20 violence, as the Secretary of State considers appro- 21 priate.’’. 22 (c) COUNTRIES RECEIVING SECURITY ASSIST- 23 ANCE.—Section 502B(b) of the Foreign Assistance Act of 24 1961 (22 U.S.C. 2304(b)) is amended— 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 10 •S 1777 IS (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 1 (2) by striking ‘‘Wherever applicable, such re- 2 port shall include consolidated’’ and insert the fol- 3 lowing: 4 ‘‘(2) Wherever applicable, each report required under 5 paragraph (1) shall include— 6 ‘‘(A) consolidated’’; 7 (3) by striking ‘‘. Wherever applicable, such re- 8 port shall include information’’ and inserting the fol- 9 lowing: ‘‘; 10 ‘‘(B) information’’; 11 (4) by striking ‘‘. Such report shall also include, 12 wherever applicable, information’’ and inserting the 13 following: ‘‘; 14 ‘‘(C) information’’; 15 (5) by striking ‘‘Wherever applicable, such re- 16 port shall include a description’’ and inserting the 17 following: ‘‘; 18 ‘‘(D) a description’’; 19 (6) by striking ‘‘. Such report shall also include 20 information’’ and inserting the following: ‘‘; 21 ‘‘(E) consolidated information regarding the 22 commission of war crimes, crimes against humanity, 23 and evidence of acts that may constitute genocide 24 (as defined in article 2 of the Convention on the 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 11 •S 1777 IS Prevention and Punishment of the Crime of Geno- 1 cide and modified by section 2(a) of the Genocide 2 Convention Implementation Act of 1987 (the Prox- 3 mire Act)); 4 ‘‘(F) a description of the nature and extent of 5 sexual and gender-based violence, including conflict- 6 related sexual and gender-based violence and sexual 7 assault (as defined in section 40002 of the Violence 8 Against Women Act of 1994 (34 U.S.C. 12291)) or 9 rape (as defined in section 2441 of title 18, United 10 States Code) as a tool or terror or war, in each for- 11 eign country; 12 ‘‘(G) with respect to each country in which 13 there is sexual and gender-based violence, especially 14 as a result of conflict or where rape or sexual as- 15 sault has been used as a tool of terror or war by 16 state or non-state actors, an assessment of the ef- 17 forts by the government of that country to combat 18 such violence, including an assessment of— 19 ‘‘(i) whether governmental authorities in 20 that country participate in, facilitate, or con- 21 done sexual and gender-based violence; 22 ‘‘(ii) what steps the government of that 23 country has taken to prohibit government offi- 24 cials, including military officers, and non-state 25 VerDate Sep 11 2014 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777 kjohnson on DSK79L0C42 with BILLS 12 •S 1777 IS actors [Text truncated for display. 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