Sec. 1277. Report and strategy to address gross violations of human rights and civilian harm in Burkina Faso, Mali, and Niger
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Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a report on gross violations of human rights and civilian harm in Burkina Faso, Mali, and Niger, as well as civilian harm that may occur during United States-supported advise, assist, and accompany operations in the Sahel region. The report required by this subsection shall include the following:
An identification of all state security force units of Burkina Faso, Mali, and Niger that participated in United States security cooperation programs or benefitted from security assistance since fiscal year 2017, whether any of these units were subsequently credibly implicated in gross violations of human rights, including extrajudicial killings and torture, and the approximate locations, to the extent possible, of where such violations have taken place. A description of gross violations of human rights and civilian harm committed by violent extremist organizations and other armed groups operating in Burkina Faso, Mali, and Niger, including deaths of state security forces and destruction of civilian infrastructure, including schools, medical facilities, and churches.
An assessment of the relationship between state security forces and any non-state armed groups active in Burkina Faso, Mali, and Niger, including an analysis of the extent to which any armed group that has been credibly implicated in gross violations of human rights or civilian casualties received material support from the governments or militaries of such countries. An assessment of efforts by the Governments of Burkina Faso, Mali, and Niger to prevent and decrease instances of gross violations of human rights or civilian casualties by state security forces during counterterrorism operations and ensure accountability for violations that have occurred since fiscal year 2017 through appropriate justice systems, including efforts to investigate, prosecute, and sentence such violations.
An assessment of the impact that any gross violations of human rights and other civilian casualties perpetrated by state security forces and non-state armed groups in Burkina Faso, Mali, and Niger have had on the effectiveness of regional and international counterterrorism operations. An assessment of the effectiveness of any United States human rights training provided to the security forces of Burkina Faso, Mali, and Niger to date. A description of any confirmed incidents or reports of civilian harm that may have occurred during United States military advise, assist, or accompany operations.
Any other matters that the Secretary of Defense and the Secretary of State consider to be relevant. Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a United States strategy to prevent civilian harm and address gross violations of human rights by state security forces of Burkina Faso, Mali, and Niger, and ensure accountability for such violations.
The strategy required by this subsection shall include the following: A description of planned public and private diplomatic engagement to support efforts by the Governments of Burkina Faso, Mali, and Niger to investigate and prosecute any credible allegations of gross violations of human rights by state security forces and non-state armed groups. An identification of United States foreign assistance and security cooperation funds and other available United States policy tools to support programs aimed at addressing gross violations of human rights and civilian harm, and an assessment of how they can be strengthened to greater effect.
An identification of United States foreign assistance and security cooperation funds available to support the state security forces of Burkina Faso, Mali, and Niger to combat violent extremist organizations, improve civil-military relations, and strengthen accountability through their military justice systems, including support for building the capacity of provost marshals. An identification of state security forces of Burkina Faso, Mali, and Niger that would most benefit from United States foreign assistance and security cooperation funds identified in subparagraph
(C)and that are eligible to receive such funds. A description of plans to coordinate United States efforts with France, the European Union, the United Nations Stabilization Mission in Mali (MINUSMA), the African Union, and the G5 Sahel Joint Force to decrease gross violations of human rights and minimize civilian harm during all counterterrorism operations in the Sahel. Any other matters that the Secretary of Defense and the Secretary of State consider to be relevant. The report required by subsection
(a)and the strategy required by subsection
(b)shall be submitted in unclassified form, but may include a classified annex. In this section: The term appropriate congressional committees means— the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Armed Services and the Committee on Foreign Relations of the Senate. In this section, the term civilian harm means conflict-related death, physical injury, loss of property or livelihood, or interruption of access to essential services.