Sec. 301. OVERSIGHT OF AND ACCOUNTABILITY FOR PEACEKEEPER ABUSES
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## SEC. 301 OVERSIGHT OF AND ACCOUNTABILITY FOR PEACEKEEPER ABUSES **[**[22 U.S.C. 287 note](/us/usc/t22/s287)**]** ###
(a)Strategy To Ensure Reform and Accountability Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit, in unclassified form, to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives— ####
(1)a United States strategy for combating sexual exploitation and abuse in United Nations peacekeeping operations; and ####
(2)an implementation plan for achieving the objectives set forth in the strategy described in paragraph (1). ###
(b)Objectives The objectives of the strategy required under subsection
(a)shall be the following: ####
(1)To dramatically reduce the incidence of sexual exploitation and abuse committed by civilian and military personnel assigned to United Nations peacekeeping operations. ####
(2)To ensure the introduction and implementation by the United Nations of improved training, oversight, and accountability mechanisms for United Nations peacekeeping operations and the personnel involved with such operations. ####
(3)To ensure swift justice for any such personnel who are found to have committed sexual exploitation or abuse. ####
(4)To assist the United Nations and troop- or police-contributing countries, as necessary and appropriate, to improve their ability to prevent, identify, and prosecute sexual exploitation or abuse by personnel involved in peacekeeping operations. ###
(c)Elements The strategy required under subsection
(a)shall include the following elements and objectives: ####
(1)The amendment of the model memorandum of understanding and review of all current memorandums of understanding for troop- or police-contributing countries participating in United Nations peacekeeping operations to strengthen provisions relating to the investigation, repatriation, prosecution, and discipline of troops or police that are credibly alleged to have engaged in cases of misconduct. ####
(2)The establishment of onsite courts-martial, as appropriate, for the prosecution of crimes committed by military peacekeeping personnel, that is consistent with each peacekeeping operations’ status of forces agreement with its host country. ####
(3)The exploration of appropriate arrangements to waive the immunity of civilian employees of the United Nations and its specialized agencies, funds, and programs to enable the prosecution of such employees who are credibly alleged to have engaged in sexual exploitation, abuse, or other crimes. ####
(4)The creation of a United Nations Security Council ombudsman office that— #####
(A)is authorized to conduct ongoing oversight of peacekeeping operations; #####
(B)reports directly to the Security Council on— ######
(i)offenses committed by peacekeeping personnel or United Nations civilian staff or volunteers; and ######
(ii)the actions taken in response to such offenses; and #####
(C)provides reports to the Security Council on the conduct of personnel in each peacekeeping operation not less frequently than annually and before the expiration or renewal of the mandate of any such peacekeeping operation. ####
(5)The provision of guidance from the United Nations on the establishment of a standing claims commission for each peacekeeping operation— #####
(A)to address any grievances by a host country’s civilian population against United Nations personnel in cases of alleged abuses by peacekeeping personnel; and #####
(B)to provide means for the government of the country of which culpable United Nations peacekeeping or civilian personnel are nationals to compensate the victims of such crimes. ####
(6)The adoption of a United Nations policy and plan that increases the number of troop- or police-contributing countries that— #####
(A)obtain and maintain DNA samples from each national of such country who is a member of a United Nations military contingent or formed police unit, consistent with national laws, of such contingent or unit; and #####
(B)make such DNA samples available to investigators from the troop- or police-contributing country (except that such should not be made available to the United Nations) if allegations of sexual exploitation or abuse arise. ####
(7)The adoption of a United Nations policy that bars troop- or police-contributing countries that fail to fulfill their obligation to ensure good order and discipline among their troops from providing any further troops for peace operations or restricts peacekeeper reimbursements to such countries until appropriate training, institutional reform, and oversight mechanisms to prevent such problems from recurring have been put in place. ####
(8)The implementation of appropriate risk reduction policies, including refusal by the United Nations to deploy uniformed personnel from any troop- or police-contributing country that does not adequately— #####
(A)investigate allegations of sexual exploitation or abuse involving nationals of such country; and #####
(B)ensure justice for those personnel determined to have been responsible for such sexual exploitation or abuse. ###
(d)Implementation The United States Permanent Representative to the United Nations shall use the voice, vote, and influence of the United States at the United Nations to advance the objectives of the strategy required by subsection (a). ###
(e)Peacekeeping Training The United States should deny further United States peacekeeper training or related assistance, except for training specifically designed to reduce the incidence of sexual exploitation or abuse, or to assist in its identification or prosecution, to any troop- or police-contributing country that does not— ####
(1)implement and maintain effective measures to investigate allegations of sexual exploitation and abuse offenses committed by peacekeeping personnel who are nationals of such country; ####
(2)appropriately hold accountable personnel who are found to have committed such offenses; and ####
(3)provide detailed reporting to the ombudsman described in subsection (c)(4) (or other appropriate United Nations official) that describes the offenses committed by the nationals of such country and such country’s responses to such offenses, including compensation to victims, as appropriate. ###
(f)Assistance The United States should develop support mechanisms to assist troop- or police-contributing countries, as necessary and appropriate— ####
(1)to improve their capacity to investigate allegations of sexual exploitation and abuse offenses committed by nationals of such countries while participating in a United Nations peacekeeping operation; and ####
(2)to appropriately hold accountable personnel who are found to have committed acts of sexual exploitation or abuse. ###
(g)Human Rights Reporting In coordination with the ombudsman described in subsection (c)(4) (or other appropriate United Nations official), the Secretary shall identify, in the Department’s annual country reports on human rights practices, the countries of origin of any peacekeeping personnel or units that— ####
(1)are characterized by patterns of sexual exploitation or abuse; or ####
(2)have failed to institute appropriate institutional and procedural reforms after being made aware of any such patterns.
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Sec. 301
OVERSIGHT OF AND ACCOUNTABILITY FOR PEACEKEEPER ABUSES
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