Iraq Human Rights and Accountability Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5276 To require a report describing whether certain persons meet the criteria to be sanctioned pursuant to the Global Magnitsky Human Rights Ac- countability Act for violating the human rights of Iraqi protestors, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 26, 2019 Mr. WILSON of South Carolina (for himself and Mr. MALINOWSKI) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require a report describing whether certain persons meet the criteria to be sanctioned pursuant to the Global Magnitsky Human Rights Accountability Act for vio- lating the human rights of Iraqi protestors, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Iraq Human Rights 4 and Accountability Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 02:45 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5276.IH H5276 kjohnson on DSK79L0C42 with BILLS 2 •HR 5276 IH (1) The Government of Iraq responded to the 1 protests in Baghdad, Babil, Basra, Maysan, 2 Nasiriya, Karbala, and Najaf from October 1 3 through November 2019, by using unprecedented re- 4 pressive measures against protestors that included 5 shootings, sniper fire, illegal and unlawful detention, 6 mass arrests, and weaponizing public services such 7 as electricity and the internet. 8 (2) The United Nations Assistance Mission for 9 Iraq, under United Nations Security Council Resolu- 10 tion 2470 (2019), states that 149 people were killed 11 in early October and another 97 between October 25 12 and November 6, 2019, while over 6,100 civilians 13 have been wounded during the suppression of these 14 protests. These human rights violations and abuses 15 resulted due to excessive force against protestors by 16 Iraqi Security Forces. 17 (3) Since 2017, Iraqi Security Forces aligned 18 with the Popular Mobilization Forces (PMF), pre- 19 dominantly Shi’ite militias frequently backed by 20 Iran, have committed unlawful and arbitrary killings 21 according to the United States Department of State. 22 Some reports indicate that PMF-aligned fighters 23 were behind the roof-top sniper attacks in Baghdad 24 in early October 2019 targeting protestors. Iraqi po- 25 VerDate Sep 11 2014 02:45 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5276.IH H5276 kjohnson on DSK79L0C42 with BILLS 3 •HR 5276 IH lice also fired military grade tear gas grenades which 1 lodged in protestors bodies. On October 8, 2019, the 2 Iraqi military acknowledged the excessive use of 3 force. 4 (4) The Iraqi government also suppressed free- 5 dom of expression during the protests through the 6 detention of journalists, blocking internet access 7 from October 3 through 9, 2019, and again since 8 late October, and attacking media outlets. These at- 9 tacks included intimidation, harassment, and pre- 10 paring journalist watchlists while also raiding sat- 11 ellite television stations in Baghdad. 12 (5) The Commander of the Iranian Quds Force 13 traveled to Iraq in October 2019 and met with mili- 14 tia leaders from the PMF. The PMF report to the 15 Iraqi Prime Minister but many units maintain a 16 command structure outside the formal military chain 17 of command linked directly to the Iranian Revolu- 18 tionary Guard Corps. The PMF and the Iranian 19 Revolutionary Guard Corps established a joint oper- 20 ational cell in Baghdad on October 3, 2019, that 21 may have directly contributed to the use of excessive 22 force and snipers. 23 (6) The 2018 Country Reports on Human 24 Rights Practices of the Department of State found 25 VerDate Sep 11 2014 02:45 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5276.IH H5276 kjohnson on DSK79L0C42 with BILLS 4 •HR 5276 IH that ‘‘civilian authorities did not maintain effective 1 control over some elements of the security forces, 2 particularly certain units of the Popular Mobilization 3 Forces (PMF) that were aligned with Iran’’. 4 (7) The Government of Iran continues to inter- 5 vene and maintain influence with the militia leaders 6 and Commanders of the PMF. This undermines the 7 formal Iraqi chain of command and contributes to 8 actions by the PMF that use repressive actions 9 against Iraqi protestors to maintain Iranian proxy 10 power. 11 SEC. 3. STATEMENT OF POLICY. 12 It shall be the policy of the United States to— 13 (1) support democracy and human rights in 14 Iraq, including the robust exercise by Iraqis of the 15 rights to free speech and assembly as guaranteed to 16 them by the Iraqi constitution; 17 (2) support calls for meaningful government re- 18 form to combat corruption and strengthen rule of 19 law and transparency; 20 (3) condemn any and all attacks on peaceful 21 protesters by Iraqi authorities, militias, or others; 22 (4) encourage a rapid and full restoration of 23 internet services and publicly verifiable measures by 24 VerDate Sep 11 2014 02:45 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5276.IH H5276 kjohnson on DSK79L0C42 with BILLS 5 •HR 5276 IH the Government of Iraq to protect media workers 1 and medical personnel; 2 (5) demand accountability for individuals and 3 entities involved directly and indirectly in attacks 4 and other human rights violations against peaceful 5 Iraqi protestors; and 6 (6) maintain a robust diplomatic presence 7 across Iraq as a sign and tool of the commitment 8 and influence of the United States in countering ma- 9 lign influences in the region, helping Iraq maintain 10 its full sovereignty, and contributing to the develop- 11 ment of a healthy and corruption-free economy that 12 serves the Iraqi people. 13 SEC. 4. REPORT ON SANCTIONS WITH RESPECT TO HUMAN 14 RIGHTS VIOLATIONS AGAINST IRAQI 15 PROTESTORS. 16 (a) IN GENERAL.—Not later than 90 days after the 17 date of the enactment of this Act, the Secretary of State 18 shall submit to Congress a report that includes— 19 (1) a statement whether each person listed in 20 subsection (b) meets the criteria to be designated for 21 the imposition of sanctions under section 1263 of 22 the Global Magnitsky Human Rights Accountability 23 Act (title XII of the National Defense Authorization 24 VerDate Sep 11 2014 02:45 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5276.IH H5276 kjohnson on DSK79L0C42 with BILLS 6 •HR 5276 IH Act for Fiscal Year 2017; 22 U.S.C. 2656 note) be- 1 cause such person— 2 (A) is responsible for extrajudicial killings, 3 torture, or other gross violations of internation- 4 ally recognized human rights in Iraq with re- 5 spect to Iraqi protestors seeking to exercise 6 their internationally recognized rights and free- 7 doms since October 2019; or 8 (B) acted as an agent of or on behalf of 9 a foreign person that committed such violations; 10 (2) a list of units of the Iraqi Security Forces 11 with respect to which the Secretary of State has 12 credible information that such units have committed 13 gross violations of human rights in Iraq since Octo- 14 ber 2019; and 15 (3) a certification that such units will not re- 16 ceive training, equipment, or other assistance from 17 the United States, consistent with section 620M of 18 the Foreign Assistance Act of 1961 (22 U.S.C. 19 2378d) and section 362 of title 10, United States 20 Code. 21 (b) PERSONS LISTED.—The persons listed in this 22 subsection are the following: 23 VerDate Sep 11 2014 23:16 Dec 09, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5276.IH H5276 kjohnson on DSK79L0C42 with BILLS 7 •HR 5276 IH (1) Popular Mobilization Forces (PMF) leader 1 Abu Mahdi al-Muhandis (birth name Jamal Jaafar 2 Ibrahim). 3 (2) Chief of staff to Prime Minister Adil 4 Abdulmahdi, Abu Jihad (birth name Mohammed al- 5 Hashimi). 6 (3) Head of Asa’ib Ahl al-Haq, Qais al-Khazali. 7 (4) Head of the PMF Central Security Direc- 8 torate, Abu Zainab al-Lami (birth name Hussein 9 Falah al-Lami). 10 (5) Adviser for PMF Affairs to Prime Minister 11 Abdulmahdi, Abu Muntadher al-Husseini (birth 12 name Tahseen Abid Mutar al-Abboudi). 13 (6) Head of the Interior Ministry’s Rapid Re- 14 sponse Division, Abu Turab al-Husseini (birth name 15 Thamir Mohammad Ismail). 16 (7) Commander of Saraya Talia al-Kurasani 17 (PMF Brigade 18), Hamid al-Jazayeri. 18 (8) Commander of Kataib Sayyid al-Shuhada 19 (PMF Brigade 14), Abu Ala al-Walai (birth name 20 Hashim Bunyan al-Siraji). 21 (9) Head of the PMF Intelligence Directorate, 22 Abu Iman al-Bahali. 23 Æ VerDate Sep 11 2014 02:45 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H5276.IH H5276 kjohnson on DSK79L0C42 with BILLS