,,ii #aafth ,,congress #ast ,session ,s4 #aggg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aa1 #bjai,mr4 ,markey 7for himself1 ,mrs4 ,shaheen1 and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to amend the ,foreign ,assistance ,act of #aifa to include in the ,annual ,country ,reports on ,human ,rights ,practices a section on conflict-related sexual and gender-based violence1 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 violence4 #a4 ,short title ,this ,act may be cited as the ,accountability for ,sexual and ,gender-based ,violence as a ,tool in ,conflict ,act of #bjai4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,united ,states1 as a permanent member of the ,united ,nations ,security ,council1 voted in favor of ,security ,council ,resolutions #acbe 7#bjjj72 #ahbj 7#bjjh72 #ahhh 7#bjji72 #aifj 7#bjaj72 #bajf 7#bjac72 #bbdb 7#bjae71 and #bcca 7#bjaf71 which state that acts of sexual violence and human trafficking threaten international peace and security and can constitute war crimes1 crimes against humanity1 acts of genocide1 and terrorism4 7#b7 ,the ,united ,states is a signatory to the ,g#h ,declaration on ,preventing ,sexual ,violence in ,conflict1 done in ,london ,april #aa1 #bjac1 and sponsored by the ,united ,kingdom's ,foreign ,commonwealth ,office's ,preventing ,sexual ,violence ,initiative4 ,the ,united ,states and its allies declared that concerns related to sexual violence in armed conflict must be part of peace and security efforts1 post-conflict transition and reform measures1 and accountability processes4 7#c7 ,despite these advances in normative frameworks1 sexual and gender-based violence continues to be pervasive1 and the responses from governments and the international community range from insufficient and inadequate to negligent and complicit1 as documented in ,united ,nations' reports4 7#d7 ,gender-based violence1 including sexual violence-- 7,a7 is a global pandemic that affects #a in #c women during their lifetimes2 and 7,b7 occurs at higher rates in conflict-affected areas4 7#e7 ,incidences of domestic violence1 child1 early1 or forced marriages1 human trafficking1 and other forms of sexual and gender-based violence within displaced or conflict-affected communities-- 7,a7 increase during conflict due to exacerbated social tensions and underlying gender inequalities that existed in communities prior to such conflict2 and 7,b7 occur in parallel to sexual and gender-based violence perpetrated as a weapon of war4 7#f7 ,gender-based violence is underreported in all settings4 ,recorded cases of gender-based violence represent only a small fraction of the overall total4 ,a lack of available data should not be interpreted to mean that gender-based violence is not a major and pressing issue1 but should be viewed as an indication of the challenges in gathering information4 7#g7 ,rape and sexual assault have been used as tactics of war and terror in conflict zones1 including ,burma1 ,central ,african ,republic1 ,colombia1 the ,democratic ,republic of ,congo1 ,iraq1 ,mali1 ,somalia1 ,south ,sudan1 ,sudan1 and ,syria4 7#h7 ,rape1 sexual slavery1 and other forms of sexual violence have been used by terrorist and extremist groups1 such as the so-called ,islamic ,state1 ,boko ,haram1 and the ,lord's ,resistance ,army1 to intimidate and terrorize communities4 7#i7 ,sexual and gender-based violence in recent conflicts has been used in ,iraq1 ,syria1 and ,burma as a form of ethnic or religious persecution or genocide against ,yazidis1 ,christians1 ,turkmen ,shi'a1 and ,rohingya ,muslims4 7#aj7 ,the ,secretary-,general of the ,united ,nations stated that sexual violence in conflict triggers mass migration and forced displacement4 7#aa7 ,sexual and gender-based violence in conflict is primarily used against women and girls1 but can also be used against men and boys4 7#ab7 ,sexual and gender-based violence is not incidental to conflict and is a weapon of choice for armed actors seeking to destabilize societies1 given that its stigma and trauma continue after the conflict has ended4 7#ac7 ,existing laws often fail to protect survivors of conflict-related sexual or gender-based violence1 especially when the perpetrators are representatives of government entities1 such as military officers1 soldiers1 or non-state actors operating in areas where governments have failed to keep the peace4 7#ad7 ,under the doctrine of military command responsibility1 leaders can be prosecuted for war crimes when they-- 7,a7 knew or should have known that their subordinates were committing war crimes2 and 7,b7 failed to take all necessary and reasonable measures to prevent such crimes or investigate and prosecute those responsible for such crimes4 7#ae7 ,courts with jurisdiction over war crimes may be nonexistent1 may lack capacity1 or may be subject to the same political failings that allowed conflict-related sexual or gender-based violence to take place4 ,while the ,united ,nations ,security ,council could refer a case to the ,international ,criminal ,court1 it is constrained by the prospects of a veto4 7#af7 ,convicting and imprisoning top military leaders with command or superior responsibility for rape or other forms of sexual and gender-based violence in conflict is essential to deter future crimes of sexual violence4 ,further support to civil society1 grassroots organizations1 women-led organizations1 and justice actors is necessary to combat sexual violence and provide services and support to survivors4 ,the landmark decision on ,december #ae1 #bjag1 by military justice authorities in the ,democratic ,republic of the ,congo for the conviction of a provincial parliamentarian and members of the ,army of ,jesus militia for the crimes against humanity of rape of dozens of children in ,kavumu1 ,democratic ,republic of the ,congo is a significant step for ending impunity for sexual violence4 7#ag7 ,the ,united ,nations ,office of the ,special ,representative of the ,secretary-,general on ,sexual ,violence in ,conflict was established by ,security ,council ,resolution #ahhh 7#bjji7 to work toward ending impunity for sexual violence4 #c4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to take effective action to prevent and to respond to sexual and gender-based violence around the world1 particularly when related to conflict1 as a matter of promoting basic human rights2 7#b7 to hold accountable leaders who fail to prevent1 respond to1 investigate1 and prosecute sexual and gender-based violence2 and 7#c7 to support survivors of conflict-related sexual and general based violence4 #d4 ,annual country reports on human rights practices 7a7 ,savings provision ,the additional reporting requirements added under sections #aaf7;d7 and #ejb;,b7h7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7d7 and #bcjd7;h77 should not be considered as a substitute for comprehensive reporting on sexual and gender-based violence in non-conflict settings4 ,such information should continue to be robustly reported on in the annual ,country ,reports on ,human ,rights ,practices with any linkages and connections between these areas of reporting drawn through internal references amongst the various sections of each individual ,country ,report4 7b7 ,countries receiving economic assistance ,section #aaf7;d7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7d77 is amended-- 7#a7 by redesignating paragraphs 7#i71 7#aj71 7#aa71 and 7#ab7 as paragraphs 7#aj71 7#aa71 7#ab71 and 7#ac71 respectively2 and 7#b7 by inserting after paragraph 7#h7 the following3 7#i7 7,a7 a description of sexual and gender-based violence1 including conflict-related sexual and gender-based violence and sexual assault 7as defined in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia77 or rape 7as defined in section #bdda of title #ah1 ,united ,states ,code71 as a tool of terror or war1 in each foreign country2 7,b7 with respect to each country in which there is sexual and gender-based violence1 especially as a result of conflict or where rape or sexual violence has been used as a tool of terror or war by state or non-state actors1 an assessment of the efforts by the government of that country to combat such violence1 including an assessment of-- 7i7 whether governmental authorities in that country participate in1 facilitate1 or condone sexual and gender-based violence2 7ii7 the steps the government of that country has taken to prohibit government officials1 including military officers and non-state actors from participating in1 facilitating1 or condoning sexual and gender-based violence1 including the investigation1 prosecution1 and conviction of such officials2 7iii7 the steps the government of that country has taken to assist survivors of gender or sexual-based violence1 including efforts to prevent survivors from being further victimized by perpetrators1 government officials1 or others1 and provision of humanitarian relief1 including provision of comprehensive health care services1 including mental1 sexual1 and reproductive health services1 and other physical health care and reparation2 and 7iv7 whether the government of that country recognizes the rights of survivors of sexual and gender-based violence and ensures their access to justice2 and 7,c7 such other information relating to sexual and gender-based violence1 including conflict-related violence1 as the ,secretary of ,state considers appropriate4 4 7c7 ,countries receiving security assistance ,section #ejb;,b7b7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;b77 is amended-- 7#a7 by inserting 7#a7 after 7b72 7#b7 by striking ,wherever applicable1 such report shall include consolidated and insert the following3 7#b7 ,wherever applicable1 each report required under paragraph 7#a7 shall include-- 7,a7 consolidated 2 7#c7 by striking 4 ,wherever applicable1 such report shall include information and inserting the following3 82 7,b7 information 2 7#d7 by striking 4 ,such report shall also include1 wherever applicable1 information and inserting the following3 82 7,c7 information 2 7#e7 by striking ,wherever applicable1 such report shall include a description and inserting the following3 82 7,d7 a description 2 7#f7 by striking 4 ,such report shall also include information and inserting the following3 82 7,e7 consolidated information regarding the commission of war crimes1 crimes against humanity1 and evidence of acts that may constitute genocide 7as defined in article #b of the ,convention on the ,prevention and ,punishment of the ,crime of ,genocide and modified by section #b7;a7 of the ,genocide ,convention ,implementation ,act of #aihg 7the ,proxmire ,act772 7,f7 a description of the nature and extent of sexual and gender-based violence1 including conflict-related sexual and gender-based violence and sexual assault 7as defined in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia77 or rape 7as defined in section #bdda of title #ah1 ,united ,states ,code7 as a tool or terror or war1 in each foreign country2 7,g7 with respect to each country in which there is sexual and gender-based violence1 especially as a result of conflict or where rape or sexual assault has been used as a tool of terror or war by state or non-state actors1 an assessment of the efforts by the government of that country to combat such violence1 including an assessment of-- 7i7 whether governmental authorities in that country participate in1 facilitate1 or condone sexual and gender-based violence2 7ii7 what steps the government of that country has taken to prohibit government officials1 including military officers1 and non-state actors from participating in1 facilitating1 or condoning sexual and gender-based violence1 including the investigation1 prosecution1 and conviction of such officials2 7iii7 what steps the government of that country has taken to assist victims of sexual and gender-based violence1 including efforts to prevent survivors from being further victimized by perpetrators1 government officials1 or others1 and provision of humanitarian relief1 including provision of comprehensive health services1 including mental1 sexual1 and reproductive health services1 and other physical health care and reparation2 and 7iv7 whether the government of that country recognizes the rights of survivors of sexual and gender-based violence and ensures their access to justice2 and 7,h7 such other information relating to sexual and gender-based violence1 including conflict-related sexual and gender-based violence1 as the ,secretary of ,state considers appropriate4 7#c7 ,each report required under paragraph 7#a7 shall also include information 2 7#g7 by striking ,each report under this section shall also include 7i7 wherever applicable1 a description and inserting the following3 7#d7 ,each report required under this section shall also include1 wherever applicable-- 7,a7 a description 2 7#h7 by striking 1 7ii7 what steps1 if any1 taken by the government of the country to eliminate such practices1 and 7iii7 such other information and inserting the following3 82 7,b7 what steps1 if any1 taken by the government of the country to eliminate such practices2 and 7,c7 such other information 2 7#i7 by striking ,in determining and inserting the following3 7#e7 ,in determining 2 and 7#aj7 in paragraph 7#e71 as redesignated1 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively4 #e4 ,actions against perpetrators of conflict-based sexual and gender-based violence 7a7 ,sanctions ,section #abfc7;a77#a7 of the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #bfef note7 is amended by inserting sexual and gender-based violence1 after torture14 7b7 ,travel restrictions ,section #gjca7;c77#a77;,a7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f7 is amended by inserting 1 including sexual and gender-based violence1 after human rights4