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

I 116TH CONGRESS 1ST SESSION H. R. 3212 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 HOUSE OF REPRESENTATIVES JUNE 11, 2019 Ms. PINGREE (for herself, Ms. SPEIER, Ms. KUSTER of New Hampshire, Ms. OMAR, Ms. MENG, and Ms. FRANKEL) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 2 •HR 3212 IH 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 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 3 •HR 3212 IH (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 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 4 •HR 3212 IH 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 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 5 •HR 3212 IH (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 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 6 •HR 3212 IH 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 and the United Nations Team of 21 Experts on the Rule of Law and Sexual Violence in 22 Conflict were established by Security Council Reso- 23 lution 1888 (2009) to work toward providing sup- 24 VerDate Sep 11 2014 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 7 •HR 3212 IH port to survivors of sexual violence in conflict and 1 ending impunity for these heinous crimes. 2 (18) The United Nations Secretary-General’s 3 annual report to the United Nations Security Coun- 4 cil on conflict-related sexual violence lists ‘‘parties 5 credibly suspected of committing or being respon- 6 sible for patterns of rape or other forms of sexual 7 violence in situations of armed conflict on the agen- 8 da of the Security Council’’ in its annex. This listing 9 mechanism is an essential tool to promote compli- 10 ance with the provisions of the United Nations Secu- 11 rity Council resolutions referred to in paragraph (1). 12 SEC. 3. STATEMENT OF POLICY. 13 It is the policy of the United States— 14 (1) to take effective action to prevent and to re- 15 spond to sexual and gender-based violence around 16 the world, particularly when related to conflict, as a 17 matter of promoting basic human rights; 18 (2) to hold accountable leaders who fail to pre- 19 vent, respond to, investigate, and prosecute sexual 20 and gender-based violence; and 21 (3) to support survivors of conflict-related sex- 22 ual and general based violence. 23 VerDate Sep 11 2014 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 8 •HR 3212 IH SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 1 PRACTICES. 2 (a) SAVINGS PROVISION.—The additional reporting 3 requirements added under sections 116(d) and 502B(h) 4 of the Foreign Assistance Act of 1961 (22 U.S.C. 5 2151n(d) and 2304(h)) should not be considered as a sub- 6 stitute for comprehensive reporting on sexual and gender- 7 based violence in non-conflict settings. Such information 8 should continue to be robustly reported on in the annual 9 Country Reports on Human Rights Practices with any 10 linkages and connections between these areas of reporting 11 drawn through internal references amongst the various 12 sections of each individual Country Report. 13 (b) COUNTRIES RECEIVING ECONOMIC ASSIST- 14 ANCE.—Section 116(d) of the Foreign Assistance Act of 15 1961 (22 U.S.C. 2151n(d)) is amended— 16 (1) by redesignating paragraphs (9), (10), (11), 17 and (12) as paragraphs (10), (11), (12), and (13), 18 respectively; and 19 (2) by inserting after paragraph (8) the fol- 20 lowing: 21 ‘‘(9)(A) a description of sexual and gender- 22 based violence, including conflict-related sexual and 23 gender-based violence and sexual assault (as defined 24 in section 40002 of the Violence Against Women Act 25 of 1994 (34 U.S.C. 12291)) or rape (as defined in 26 VerDate Sep 11 2014 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 9 •HR 3212 IH section 2441 of title 18, United States Code), as a 1 tool of terror or war, in each foreign country; 2 ‘‘(B) consolidated information regarding the 3 commission of war crimes, crimes against humanity, 4 and evidence of acts that may constitute genocide 5 (as defined in article 2 of the Convention on the 6 Prevention and Punishment of the Crime of Geno- 7 cide and modified by section 2(a) of the Genocide 8 Convention Implementation Act of 1987 (the Prox- 9 mire Act)); 10 ‘‘(C) with respect to each country in which 11 there is sexual and gender-based violence, especially 12 as a result of conflict or where rape or sexual vio- 13 lence has been used as a tool of terror or war by 14 state or non-state actors, an assessment of the ef- 15 forts by the government of that country to combat 16 such violence, including an assessment of— 17 ‘‘(i) whether governmental authorities in 18 that country participate in, facilitate, or con- 19 done sexual and gender-based violence; 20 ‘‘(ii) the steps the government of that 21 country has taken to prohibit government offi- 22 cials, including military officers and non-state 23 actors from participating in, facilitating, or 24 condoning sexual and gender-based violence, in- 25 VerDate Sep 11 2014 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 10 •HR 3212 IH cluding the investigation, prosecution, and con- 1 viction of such officials; 2 ‘‘(iii) the steps the government of that 3 country has taken to assist survivors of gender 4 or sexual-based violence, including efforts to 5 prevent survivors from being further victimized 6 by perpetrators, government officials, or others, 7 and provision of humanitarian relief, including 8 provision of comprehensive health care services, 9 including mental, sexual, and reproductive 10 health services, and other physical health care 11 and reparation; and 12 ‘‘(iv) whether the government of that coun- 13 try recognizes the rights of survivors of sexual 14 and gender-based violence and ensures their ac- 15 cess to justice; and 16 ‘‘(D) such other information relating to sexual 17 and gender-based violence, including conflict-related 18 violence, as the Secretary of State considers appro- 19 priate.’’. 20 (c) COUNTRIES RECEIVING SECURITY ASSIST- 21 ANCE.—Section 502B of the Foreign Assistance Act of 22 1961 (22 U.S.C. 2304) is amended— 23 (1) by redesignating the second subsection (i) 24 (relating to child marriage) as subsection (j); and 25 VerDate Sep 11 2014 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 kjohnson on DSK79L0C42 with BILLS 11 •HR 3212 IH (2) by adding at the end the following: 1 ‘‘(k) SEXUAL AND GENDER-BASED VIOLENCE.— 2 Each report required under subsection (b) shall include— 3 ‘‘(1) a description of the nature and extent of 4 sexual and gender-based violence, including conflict- 5 related sexual and gender-based violence and sexual 6 assault (as defined in section 40002 of the Violence 7 Against Women Act of 1994 (34 U.S.C. 12291)) or 8 rape (as defined in section 2441 of title 18, United 9 States Code) as a tool or terror or war, in each for- 10 eign country; 11 ‘‘(2) consolidated information regarding the 12 commission of war crimes, crimes against humanity, 13 and evidence of acts that may constitute genocide 14 (as defined in article 2 of the Convention on the 15 Prevention and Punishment of the Crime of Geno- 16 cide and modified by section 2(a) of the Genocide 17 Convention Implementation Act of 1987 (the Prox- 18 mire Act)); 19 ‘‘(3) with respect to each country in which 20 the [Text truncated for display. 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