I 112th CONGRESS 2d Session H. R. 6255 IN THE HOUSE OF REPRESENTATIVES August 1, 2012 Mr. Carnahan (for himself, Mr. Berman, Ms. Schakowsky, Mr. Van Hollen, Ms. Eddie Bernice Johnson of Texas, Ms. Tsongas, Mrs. Maloney, Ms. Speier, Mr. Murphy of Connecticut, Mr. Moran, Mr. Conyers, Mr. McGovern, Ms. Pingree of Maine, and Ms. Lee of California) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure that the United States promotes women’s meaningful inclusion and participation in mediation and negotiation processes undertaken in order to prevent, mitigate, or resolve violent conflict and implements the United States National Action Plan on Women, Peace, and Security.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Women, Peace, and Security Act of 2012. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Sense of Congress regarding the National Action Plan on Women, Peace, and Security. Sec. 5. Statement of United States policies. Sec. 6. National Action Plan on Women, Peace, and Security. Sec. 7. Monitoring and evaluating. Sec. 8. Engaging women in the full range of conflict prevention, peace negotiation, peace-building, and security initiatives. Sec. 9. National Security Council. Sec. 10. Consultations with nongovernmental and private sector stakeholders. Sec. 11. Reports to Congress.

2.

Findings

Congress finds the following: (1)United Nations Security Council Resolution 1325, and subsequent Resolutions 1820, 1888, 1889, and 1960, affirm the critical role of women in the prevention and resolution of conflicts, including in— (A)conflict prevention; (B)peace negotiations; (C)peacekeeping and peace-building efforts; (D)humanitarian response; and (E)post-conflict reconstruction and governance. (2)Fundamental to the affirmations described in paragraph (1) is the full and equal participation of women as planners, implementers, and beneficiaries in all efforts to achieve solutions for just conflict resolution, lasting stability, and inclusive democratic governance. (3)The meaningful inclusion of women in the prevention and resolution of conflicts also requires engaging men and boys in the effort to empower women and girls and educating them on the universal benefits of gender equality. (4)During the second half of the 20th century, approximately 25 percent of conflicts that had ended in a peace agreement resumed within 5 years, and nearly 50 percent of the conflicts resolved by an accord during the 1990s resumed within 5 years. (5)Since 1992, women have accounted for fewer than 3 percent of mediators and 8 percent of negotiators in major peace processes. (6)Successful peace negotiations that produce just and sustainable peace agreements generally include robust mechanisms for the participation of civil society, such as a national dialogue. (7)From Guatemala to Darfur to Northern Ireland, women have made major contributions to peace negotiations, helping to ensure that processes were more transparent and that the content of final agreements was more comprehensive, more responsive to root causes of conflict, and more sustainable. (8)The United States May 2010 National Security Strategy states, Experience shows that countries are more peaceful and prosperous when women are accorded full and equal rights and opportunity. When those rights and opportunities are denied, countries often lag behind.. (9)According to the 2010 Quadrennial Diplomacy and Development Review, The protection and empowerment of women and girls is key to the foreign policy and security of the United States. … To that end, women are at the center of our diplomacy and development efforts—not simply as beneficiaries, but also as agents of peace, reconciliation, development, growth, and stability. … By reaching out to women and girls and integrating them into our diplomatic mission, we ensure more effective diplomacy, whether in driving economic growth, resisting extremism, safeguarding human rights, or promoting political solutions, including in areas of conflict.. (10)On October 26, 2010, on the occasion of the Tenth Anniversary of United Nations Security Council Resolution 1325 on Women, Peace, and Security, Secretary of State Hillary Rodham Clinton— (A)stated, The only way to … reduce the number of conflicts around the world, to eliminate rape as a weapon of war, to combat the culture of impunity for sexual violence, to build sustainable peace—is to draw on the full contributions of both women and men in every aspect of peacemaking, peacekeeping, and peace building.; and (B)announced the United States commitment to develop a United States National Action Plan to accelerate the implementation of Resolution 1325, joining more than 25 other countries that had committed to developing national action plans. (11)The United States National Action Plan on Women, Peace, and Security, issued December 2011— (A)asserts that evidence from around the world and across cultures shows that integrating women and gender considerations into peace-building processes helps promote democratic governance and long-term stability; (B)describes the course the United States Government will take to accelerate, institutionalize, and better coordinate our efforts to advance women’s inclusion in peace negotiations, peace-building activities, and conflict prevention; to protect women from sexual and gender-based violence; and to ensure equal access to relief and recovery assistance, in areas of conflict and insecurity.; and (C)affirms as a Statement of National Policy that the engagement and protection of women as agents of peace and stability will be central to the United States efforts to promote security, prevent, respond to, and resolve conflict, and rebuild societies.. (12)In March 2012, the United States Agency for International Development (USAID) released a new, agency-wide Gender Equality and Female Empowerment Policy, the first such policy since 1982. According to this policy, Gender equality and female empowerment are core development objectives, fundamental for the realization of human rights and key to effective and sustainable development outcomes. No society can develop successfully without providing equitable opportunities, resources, and life prospects for males and females so that they can shape their own lives and contribute to their families and communities.. (13)In March 2012, Secretary of State Hillary Rodham Clinton issued the first ever Secretarial Policy Guidance on Promoting Gender Equality to Achieve our National Security and Foreign Policy Objectives, which requests embassies and bureaus to work to … draw on the full contributions of both women and men in peacemaking, peacekeeping, and peace building. The Policy Guidance highlights 3 mechanisms that will be utilized to promote gender equality in service of America’s foreign policy, namely— (A)planning and budget development; (B)programming, monitoring and evaluation; and (C)management and training. (14)In Afghanistan, women leaders in civil society continue to demand a full and meaningful role at any future negotiations, particularly where decisions will be made about the futures of Afghan women and girls.

3.

Definitions

In this Act: (1)

Administrator

The term Administrator means the Administrator of the United States Agency for International Development. (2)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on Appropriations of the Senate; (B)the Committee on Armed Services of the Senate; (C)the Committee on Foreign Relations of the Senate; (D)the Committee on Appropriations of the House of Representatives; (E)the Committee on Armed Services of the House of Representatives; and (F)the Committee on Foreign Affairs of the House of Representatives. (3)

Decision-making processes

The term decision-making processes means formal or informal processes related to, or a part of, negotiations or mediations addressing conflict prevention and stabilization, peace-building, protection or appropriate security initiatives, which may include— (A)the composition of high-level representatives, including multilateral, governmental, and nongovernmental participants, who are stakeholders in a mediation or negotiation forum to resolve, mitigate, or transition from violent conflict; and (B)the composition of other power structures, including multilateral, governmental, and nongovernmental participants, who are involved in— (i)agenda-setting, policy development, or resource allocation; (ii)planning, implementation, or monitoring of programs; or (iii)any other efforts to plan for, support, prioritize, or monitor conflict prevention, mediation, negotiation, peacekeeping, peace-building, post-conflict reconstruction, transition initiatives, or humanitarian response. (4)

NAP

The term NAP means the United States National Action Plan on Women, Peace, and Security, which was instituted by Executive Order 13595 on December 19, 2011. (5)

Secretary

The term Secretary means the Secretary of State. (6)

Stakeholders

The term stakeholders means nongovernmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace-building, protection, security, transition initiatives, humanitarian response, or related efforts, including— (A)registered or nonregistered nonprofit organizations; (B)advocacy groups, business or trade associations, labor unions, cooperatives, credit unions, relief or development organizations, community and faith-based organizations, philanthropic foundations, and tribal leaders or structures; (C)independent media, educational, or research institutions; and (D)private enterprises, including international development firms, banks, and other financial institutions, and particularly small businesses and businesses owned by women or disadvantaged groups. (7)

Women’s meaningful inclusion and participation

The term women’s meaningful inclusion and participation means ensuring women have safe, genuine, and effective access to be present and actively involved in the full range of decision-making processes, which may include— (A)conflict prevention; (B)mediation or negotiation efforts to resolve, mitigate and transition from violent conflict; (C)peacekeeping and peace-building efforts; (D)post-conflict reconstruction, transition initiatives, and governance; and (E)humanitarian response.

4.

Sense of Congress regarding the National Action Plan on Women, Peace, and Security

It is the sense of Congress that— (1)the implementation of the United States National Action Plan on Women, Peace, and Security (referred to in this section as the NAP) is paramount in improving the lives of women around the world and increasing overall global stability and prosperity; (2)Congress supports the statement in the NAP of the United States unqualified commitment to integrating women’s views and perspectives fully into our diplomatic, security, and development efforts—not simply as beneficiaries, but as agents of peace, reconciliation, development, growth, and stability; (3)Congress is strongly committed to advancing the principles of the NAP, as instituted by Executive Order 13595 on December 19, 2011; (4)the United States should coordinate with the international community and civil society to develop criteria for eligibility to ensure that appropriate women representatives with the requisite experience are identified for inclusion; (5)Congress supports the goals and ideals outlined in the NAP; (6)the President, in coordination with the Secretary, the Secretary of Defense, and the Administrator, should— (A)ensure the NAP’s robust, transparent, comprehensive, and coordinated implementation; and (B)coordinate with the international community to reaffirm global commitments to implementation of United Nations Security Council Resolution 1325 and subsequent Resolutions 1880, 1888, 1889, and 1960, utilizing the commitments outlined in the NAP as a diplomatic means to encourage other nations to— (i)advance women’s inclusion in peace negotiations, peace-building activities, and conflict prevention; (ii)protect women from sexual and gender-based violence; and (iii)ensure equal access to relief and recovery assistance in areas of conflict and insecurity.

5.

Statement of United States policies

(a)

In general

It is the policy of the United States to implement the United States National Action Plan on Women, Peace, and Security, as instituted by Executive Order 13595 on December 19, 2011, to ensure that the United States effectively promotes and supports women in conflict-affected and post-conflict regions through clear, measurable commitments— (1)to promote the active and meaningful participation of women in affected areas in all aspects of conflict prevention, management, and resolution; (2)to integrate the perspectives and interests of affected women into conflict-prevention activities and strategies; (3)to promote the physical safety, economic security, and dignity of women and girls; (4)to support women’s equal access to aid distribution mechanisms and services; and (5)to monitor, analyze, and evaluate implementation efforts and the impact of such efforts. (b)

Sense of Congress

Congress— (1)recognizes the invaluable contributions that United States and international civil society groups have made to United States policies and programs on women, peace, and security; and (2)encourages the Secretary, the Secretary of Defense, and the Administrator to continue to consult and utilize the networks and expertise of these stakeholders to strengthen the implementation of the NAP. (c)

Integration

The Secretary and the Administrator should— (1)integrate gender as fully as applicable into all diplomatic and development efforts; (2)include gender in strategic and budget planning processes; and (3)continue to use and improve upon performance indicators and evaluation mechanisms to account for ongoing results and measure the impact of United States policies and programs on women and girls in foreign countries. (d)

Integration of gender goals in agency guidance and acquisition regulations

(1)

Department of state

The Secretary shall modify the following: (A)Department of State guidance to reflect the gender goals set forth in the NAP. (B)Department of State Acquisition Regulation set forth in chapter 6 of title 48, Code of Federal Regulations, to reflect the gender goals set forth in the NAP. (2)

Agency for international development

The Administrator shall modify the following: (A)Agency for International Development guidance to reflect the gender goals set forth in the NAP. (B)Agency for International Development Acquisition Regulation set forth in chapter 7 of title 48, Code of Federal Regulations, to reflect the gender goals set forth in the NAP. (e)

Tenets

The head of each agency of the Federal Government shall ensure, as appropriate, that the tenets of the NAP are incorporated into all programs administered by such agency related to— (1)conflict prevention; (2)humanitarian and disaster response; (3)conflict mediation; (4)peacekeeping; (5)post-conflict reconstruction; (6)institution building; and (7)democracy promotion.

6.

National Action Plan on Women, Peace, and Security

(a)

Implementation

The Secretary, the Administrator, the Secretary of Defense, and representatives of other Federal agencies, as appropriate, should implement the NAP. (b)

Training

(1)

In general

In implementing the NAP under this section, the individuals referred to in subsection (a) shall ensure that all relevant Federal employees receive appropriate training on gender considerations and women’s meaningful inclusion and participation, including training regarding— (A)conflict prevention, peace processes, and security initiatives; (B)international human rights law and international humanitarian law, as relevant; and (C)protecting civilians from violence, exploitation, and trafficking in persons. (2)

Amendments

(A)

Foreign service act of 1980

Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 2024) is amended by adding at the end the following: (e)The Secretary, in conjunction with the Administrator of the United States Agency for International Development, should ensure that all appropriate personnel, including special envoys, members of mediation or negotiation teams, relevant members of the Civil Service or Foreign Service, and contractors responsible for, or deploying to, countries or regions considered to be at risk of, undergoing, or emerging from violent conflict, obtain substantive knowledge and skills through— (1)appropriate advanced training in conflict prevention, mitigation, and resolution that specifically addresses the importance of women’s meaningful inclusion and participation (as defined in section 3 of the Women, Peace, and Security Act of 2012); and (2)receive training on effective strategies and best practices for ensuring women’s meaningful inclusion and participation, as so defined. . (B)

Title 10, united states code

Chapter 107 of title 10, United States Code, is amended— (i)by redesignating section 2157 as section 2158; (ii)by inserting after section 2156 the following new section:

2157.

Training for ensuring women’s meaningful inclusion and participation

The Secretary of Defense shall ensure that all appropriate personnel, including members of the armed forces, members of mediation or negotiation teams, relevant members of the Civil Service, and contractors responsible for, or deploying to, countries or regions considered to be at risk of, undergoing, or emerging from violent conflict, obtain substantive knowledge and skills through— (1)appropriate advanced training in conflict prevention, mitigation, and resolution that specifically addresses the importance of women’s meaningful inclusion and participation (as defined in section 3 of the Women, Peace, and Security Act of 2012); and (2)training on effective strategies and best practices for ensuring women’s meaningful inclusion and participation (as defined in such section).

; and (iii)in the chapter analysis, by striking the item relating to section 2157 and inserting the following: 2157. Training for ensuring women’s meaningful inclusion and participation. 2158. Annual report to Congress. . (3)

United nations

The Secretary is strongly encouraged to work with the United Nations and the international community to promote training that provides international peacekeeping personnel with substantive knowledge and skills needed to effectively ensure women’s meaningful inclusion and participation.

7.

Monitoring and evaluating

(a)

In general

The implementation of the NAP under section 6 should include the establishment or improvement of monitoring and evaluation tools to ensure accountability and effectiveness of policies, programs, projects, and activities undertaken to support the objectives set forth in the NAP. (b)

Foreign assistance coordination, planning, data collection, and tracking systems

The Secretary and the Administrator, in consultation with the Secretary of Defense, as appropriate, should— (1)utilize appropriate foreign assistance coordination, planning, data collection, and tracking systems to— (A)analyze the impact of staff training, management systems and organizational structures on program results; (B)improve collection of sex-disaggregated data in conflict-affected areas; (C)ensure proper targeting of programs; and (D)develop and enhance early warning systems of conflict and violence; (2)support budgeting, operational and programmatic planning, and performance management, related to women’s meaningful inclusion and participation; and (3)develop or improve upon existing data collection mechanisms that— (A)track and report progress on the objectives set forth in the NAP; (B)assess lessons learned; and (C)identify best practices. (c)

Evaluation indicators

The Secretary and the Administrator, in cooperation with the Secretary of Defense, as appropriate, shall identify common indicators to evaluate the impact of United States foreign assistance on women’s meaningful inclusion and participation.

8.

Engaging women in the full range of conflict prevention, peace negotiation, peace-building, and security initiatives

(a)

In general

The Secretary and the Administrator should work to facilitate women’s meaningful inclusion and participation in informal and formal peace negotiations, including, as appropriate by— (1)providing technical assistance, training and logistical support to female negotiators, peace builders, and stakeholders; (2)utilizing technology, such as cell phones or social media tools, that assist the work of organizers, negotiators, communicators, peace builders, and other civil society actors; (3)addressing security-related barriers to women’s participation; (4)expanding emphasis on gender analysis to improve program design and targeting; and (5)supporting appropriate local organizations, especially women’s peace-building organizations. (b)

Coordination

The Secretary is encouraged to promote women’s meaningful inclusion and participation in coordination and consultation with international partners, including multilateral organizations, stakeholders, and other relevant international organizations, particularly in circumstances in which direct engagement is not appropriate or advisable. (c)

Assessments

The Secretary, in consultation with the Administrator, and in cooperation with the Secretary of Defense, as appropriate, should conduct assessments that include the perspectives of women before implementing new projects or activities in support of assistance related to— (1)transitional justice and accountability processes; (2)efforts to combat violent extremism; and (3)security sector reform. (d)

Government efforts

(1)

In general

The Secretary, in consultation with the Administrator, and in cooperation with the Secretary of Defense and other relevant government agencies, as appropriate, should encourage and facilitate the efforts of partner governments to improve women’s meaningful inclusion and participation in peace and security processes, conflict prevention, peace building, transitional processes, and decision-making institutions in conflict-affected environments. (2)

Government efforts

The efforts of partner governments to be encouraged and facilitated under paragraph (1) including— (A)the recruitment and retention of women (including minorities) in leadership roles; (B)capacity building of legislative, judicial, defense, and law enforcement institutions to develop and implement policies which support women’s meaningful inclusion and participation; (C)increased women’s participation in programs funded by the United States Government that— (i)provide training to foreign nationals regarding law enforcement, the rule of law, and professional military education; and (ii)offer foreign nationals opportunities to participate in educational exchanges, conferences, and seminars; (D)training, education, and mobilization of men and boys as partners in support of women’s meaningful inclusion and participation; (E)development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls; and (F)measures to ensure that relief and recovery planning and assistance are informed by effective consultation with women.

9.

National Security Council

(a)

Sense of Congress

It is the sense of Congress that the President should designate a person on the staff of the National Security Council, who— (1)shall be responsible for promoting the objectives of the NAP; and (2)shall report to the National Security Advisor. (b)

Duties

In addition to any other duties that the President may assign to the person designated under subsection (a), such person should— (1)advise the National Security Advisor regarding the objectives of the NAP; (2)oversee the implementation of the goals and objectives of the NAP; (3)monitor and coordinate the efforts of all Federal agencies, particularly the Department of State, the United States Agency for International Development, and the Department of Defense, as appropriate, regarding women, peace, and security and women’s meaningful inclusion and participation.

10.

Consultations with stakeholders

(a)

In general

The Secretary and the Administrator should establish guidelines for overseas United States personnel to consult with stakeholders regarding United States efforts to prevent, mitigate, or resolve violent conflict. (b)

Purposes

The purpose of consultations under subsection (a) is to enhance the success of mediation and negotiation processes by ensuring women’s meaningful inclusion and participation. (c)

Requirements

Consultations under subsection (a) should— (1)take place not less frequently than once every 180 days, as appropriate; and (2)include a range and representative sample of local stakeholders, including women, youth, ethnic and religious minorities, and other politically underrepresented or marginalized populations.

11.

Reports to Congress

(a)

Training briefing

The Secretary, in conjunction with the Administrator and the Secretary of Defense, shall designate appropriate officials to brief the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act, on— (1)the existing, enhanced, and newly established training carried out pursuant to section 6(b) and the amendments made by such section; and (2)the guidelines established for overseas United States embassy and consulate personnel to engage in consultations with United States and international stakeholders pursuant to section 10. (b)

Annual Report on Women, Peace, and Security

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, in conjunction with the Administrator and the Secretary of Defense, shall submit a report to the appropriate congressional committees that— (1)outlines the monitoring and evaluation tools, mechanisms, and common indicators established under section 7 to assess progress made on the objectives of the NAP; (2)summarizes United States diplomatic efforts and foreign assistance programs, projects, and activities to promote women’s meaningful inclusion and participation; and (3)assesses the impact of such assistance.