[Congressional Record Volume 161, Number 183 (Wednesday, December 16, 2015)]
[Senate]
[Pages S8730-S8732]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONDEMNING THE ONGOING SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN FROM
YEZIDI, CHRISTIAN, SHABAK, TURKMEN, AND OTHER RELIGIOUS COMMUNITIES BY
ISLAMIC STATE OF IRAQ AND SYRIA MILITANTS
Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 297, S. Res. 310.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The senior assistant legislative clerk read as follows:
A resolution (S. Res. 310) condemning the ongoing sexual
violence against women and children from Yezidi, Christian,
Shabak, Turkmen, and other religious communities by Islamic
State of Iraq and Syria militants and urging the prosecution
of the perpetrators and those complicit in these crimes.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. BLUMENTHAL. Mr. President, I am here to support the bipartisan
efforts and goals of my colleagues in S. Res. 310, which condemns the
ongoing sexual violence perpetrated by ISIL against women and children
from Yezidi and other religious communities.
The horrific and despicable actions of ISIL against women and girls
who were kidnapped, enslaved, tortured, raped, and impregnated in
conflict-affected regions there and others around the world are one of
the horrors of terrorism. This resolution addresses it, but it could
and should have gone much further. In fact, it lacks the recognition of
the full range of support that Yezidi survivors of sexual violence
desperately need. That is the reason that I offered two amendments to
improve this important resolution, to urge the President to exercise
his existing authority. No new author is necessary for him to provide
and support age-appropriate, comprehensive post-violence care,
including the provision of treatment to prevent HIV infection, trauma
and surgical care, mental health services, social and legal support,
and a full range of medically necessary reproductive health services,
including emergency contraception, safe abortion care, and maternal
health services.
When the horrors that ISIL inflicts on the Yezidis came to light in
the New York Times report entitled ``ISIS Enshrines a Theology of
Rape,'' including systematic rape of women and children in ISIL-held
territory, I demanded that our great Nation take action. I refer my
colleagues' attention to that article.
We cannot allow for the continued use of rape as a tool of warfare to
destabilize and disrupt communities, to
[[Page S8731]]
exert control over women and girls, and in the case of the Yezidis, to
impregnate them purposefully and relentlessly. Survivors should not be
forced to carry pregnancies to full term simply because access to
reproductive health care is not available following their vicious
assault.
We cannot stand idly by while witnessing such violations of human
rights and dignity. The United States must work to increase access to
reproductive health care for the vulnerable populations, particularly
safe abortion services, and most especially for the Yezidi girls and
women who were purposefully impregnated as a tool of terrorism by ISIL.
I have called on the administration multiple times to confront this
horror. In September, I wrote a letter with five of my Democratic
colleagues to Secretary Kerry, calling on the State Department to
declare Iraqi religious minorities, including the Yezidis, as protected
priority groups so they could seek refugee assistance within Iraq's
border.
In October, I wrote a letter with 27 of my Democratic colleagues,
calling on the President to take action to properly implement existing
law. Existing law includes the Helms amendment. Tomorrow is the 42nd
anniversary of the Helms amendment. For its entire existence, the Helms
amendment has been incorrectly interpreted, and it continues to serve
as a critical obstacle in our foreign aid efforts to provide for safe
abortions in the case of rape, incest, and life endangerment.
Mr. President, I ask unanimous consent that the letter and the
response of the administration dated December 7, 2015, be printed in
the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, October 22, 2015.
President Barack Obama,
The White House,
Washington, DC.
Dear Mr. President: We write to express our deep concern
for the reproductive health of women and girls who are
kidnapped, enslaved, tortured, raped, and impregnated in
conflict-affected zones worldwide. Rape is increasingly used
as a tool of warfare to destabilize communities, exert
control over women and girls, and in some cases purposely
impregnate them, as executed by Boko Haram in Nigeria and the
Islamic State of Iraq and the Levant in Syria and Iraq.
Survivors are forced to carry pregnancies to full term
because access to reproductive healthcare is not available
following their assault. We cannot be bystanders to such
gross violations of the human dignity of these women and
girls. If the U.S. does not work to increase access to
reproductive healthcare for vulnerable populations,
particularly safe abortion services, there will be negative,
long-term consequences. As such, we implore you to take the
following actions to confront this crisis.
We request you take action to correct the overly
constrained implementation of the Helms Amendment which
serves as a critical barrier to safe abortion, particularly
impacting women and girls fleeing conflict. Although the
Helms Amendment prevents U.S. foreign aid from being used to
perform abortions for family planning purposes, for over 40
years it has been incorrectly interpreted to prevent the use
of foreign aid to fund safe abortions even in the cases of
rape, incest, or life endangerment. These three cases clearly
fall outside the restrictions enacted by the Helms Amendment.
As such, we urge you to issue guidance to the relevant
agencies, allowing them to support safe abortion services in
at least the limited circumstances of rape, incest, or life
endangerment, including for survivors of conflict-related
sexual violence.
Subsequently, we urge you to exercise your existing
authority to ensure U.S. foreign aid does not stand in the
way of women and girls fleeing conflict who seek abortion
services. The Helms Amendment restricts U.S. foreign aid from
being used to pay for abortion even in countries where
abortion is permissible by local law. For instance, although
abortion remains illegal in Syria and Iraq, regional
countries which receive U.S. foreign assistance--Turkey,
Lebanon, Jordan, and Egypt--have welcomed millions of
refugees and have varying legal exceptions or allowances for
abortions related to rape, incest, or life endangerment,
which are undermined by limitations imposed by this policy.
Finally, we applaud commitments made by this Administration
to address these issues, including those made last year at
the Global Summit to End Sexual Violence in Conflict and
those in the National Action Plan on Women, Peace, and
Security (NAP). We request that you further strengthen
actions taken under the NAP implementation plan. A high-level
objective of the NAP is ensuring women's access to relief and
recovery in a manner that recognizes the unique needs of
women and girls in conflict-affected zones and the need to
provide humanitarian services. As expressly noted in the NAP,
women's access to relief and recovery can be addressed by
``support[ing] access to reproductive health in emergencies
and humanitarian settings.'' As such, we encourage increased
attention to this matter and request a report of the
Administration's comprehensive review and update to the NAP,
scheduled to be released this year. We also ask that the
Administration provide an assessment of how the relevant
agencies are fulfilling their respective duties to provide
access to the full range of reproductive healthcare.
We look forward to working with you to ensure these actions
are implemented. As the world's largest aid donor, the U.S.
can and should endeavor to provide the reproductive
healthcare that is desperately needed by some of the world's
most vulnerable populations.
Sincerely,
Richard Blumenthal; Jeanne Shaheen; Kirsten E.
Gillibrand; Barbara Boxer; Michael F. Bennet; Claire
McCaskill; Mazie K. Hirono; Patty Murray; Edward J.
Markey; Patrick J. Leahy; Al Franken; Sherrod Brown;
Christopher A. Coons; Brian Schatz; Cory A. Booker;
Elizabeth Warren; Maria Cantwell; Charles E. Schumer;
Tammy Baldwin; Barbara A. Mikulski; Christopher Murphy;
Richard J. Durbin; Ron Wyden; Bernard Sanders; Dianne
Feinstein; Debbie Stabenow; Gary C. Peters; Amy
Klobuchar.
____
U.S. Department of State,
Washington, DC, December 7, 2015.
Hon. Richard Blumenthal,
U.S. Senate,
Washington, DC.
Dear Senator Blumenthal: Thank you for your letter of
October 22 to President Obama regarding your concern about
access to reproductive health care in conflict settings. We
have been asked to respond on the President's behalf.
The Department of State and the U.S. Agency for
International Development take this issue very seriously. The
Helms Amendment has prohibited since 1973 the use of U.S.
foreign assistance to pay for the performance of abortion as
a method of family planning or to motivate or coerce any
person to practice abortions. We review our policies on an
ongoing basis to ensure maximum effectiveness in improving
health outcomes, including for those who are highly
vulnerable to sexual violence because of conflict or other
crises.
Through our policies and investments, we continue to
demonstrate our commitment to rights and protection of women
and girls worldwide. We do so by working with the
international community, including the UN Population Fund,
the UN High Commissioner for Refugees, the International
Committee of the Red Cross, and other development and
humanitarian organizations. We work together to: respond to
the challenges of increasing access to reproductive health
services in crisis settings; strengthen global coordination
to prevent sexual violence; promote justice and
accountability; and provide health care, including sexual and
reproductive health services.
The U.S. National Action Plan on Women, Peace, and Security
outlines the United States' commitment to the protection and
participation of women in a broad range of efforts to resolve
conflict and sustain peace. The Department of State and other
agencies are reviewing the NAP under the auspices of the
National Security Council. This interagency review reflects
our commitment to accountable implementation and rigorous
learning of best practices. Upon completion of the review
later this year, the Department would be pleased to brief you
and your staff on relevant findings.
Your letter provides valuable input on these important
issues. We welcome any additional input you or your staff may
have, and look forward to continued dialogue.
Sincerely,
Julia Frifield,
Assistant Secretary, Legislative Affairs.
Mr. BLUMENTHAL. The letter very simply asks that the administration
``take action to correct the overly constrained implementation of the
Helms amendment which serves as a critical barrier to safe abortion,
particularly impacting women and girls fleeing conflict.'' The letter
asks that the administration recognize that American foreign aid can be
used to fund safe abortions even in the cases of rape, incest, or life
endangerment. That is a very simple principle.
Preventing our foreign aid funds from being used for that purpose not
only denies critical assistance to Yezidi girls and women, but also
overly constrains the assistance of this great Nation to the victims of
terror and horror abroad.
Today, the U.S. Senate will adopt S. Res. 310, and I have joined in
supporting it. I am deeply disappointed that the administration has
essentially denied even considering a change in policy. This action
does not mean that the United States should be complacent regarding the
dismal state of protection for the Yezidi girls and women.
The amendments I offered were rejected by my Republican colleagues,
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and I understand my colleagues' goal of expressing concern for girls
and women and others. Despite my reservation and profound
disappointment with the administration's reaction to and the denial of
these two amendments, I am supporting this resolution. I have withdrawn
my amendments, recognizing the reality of our current situation on the
floor of the U.S. Senate, but it remains essential that we recognize
the full scope of the post-rape health care needed by survivors of
rape. These victims have been hideously and gruesomely used as a tool
of terrorism invoked by ISIL.
Fully countering ISIL's terrorist strategy means providing necessary
and compassionate care for girls and women who have been victims and
have been shunned by their families. They have been rejected by their
communities. They have been victims many times over as a result of
these heinous crimes committed against them.
I hope that my fellow Senators will join me as I continue to call on
the administration to right this wrong. As the world's largest donor of
assistance around the world, the United States can and should do better
and do more to provide health care that girls and women vitally need
when they become vulnerable and, in fact, victims of terror inflicted
by these heinous criminal acts.
I thank the Presiding Officer, and I yield the floor.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
Lankford amendment to the resolution be agreed to; that the resolution,
as amended, be agreed to; that the preamble be agreed to; and that the
motions to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2931) was agreed to, as follows:
(Purpose: To define ``complicit'' for purposes of the resolution)
On page 3, line 4, insert ``by Islamic State of Iraq and
Syria militants'' before the semicolon at the end.
On page 3, line 10, strike ``and''.
On page 4, line 2, strike the period at the end and
inserting ``; and''.
On page 4, after line 2, add the following:
(4) defines ``complicit'', for purposes of this resolution,
as having knowingly and willingly taken actions which have
directly supported, promoted, enabled, aided, abetted, or
encouraged crimes involving sexual violence against women and
children from Yezidi, Christian, Shabak, Turkmen, or other
religious communities by Islamic State of Iraq and Syria
militants, including actively working to deny, cover up, or
alter evidence of such crimes.
The resolution (S. Res. 310), as amended, was agreed to.
The preamble was agreed to.
The resolution, as amended, with its preamble, reads as follows:
S. Res. 310
Whereas the Islamic State of Iraq and Syria (ISIS) has
publicly and systematically targeted communities on the basis
of their religious identities, including Yezidis, Christians,
Shi'a Muslims, Shabaks, Turkmens, and Kaka'i, in a campaign
of violence that includes summary executions, beheadings,
torture, arbitrary detainment, forced displacement, rape and
sexual violence, and enslavement;
Whereas enslavement and sexual violence against women is a
widespread practice among ISIS militants, who have, according
to the Yezidi Affairs Directory, captured and enslaved as
many as 5,500 Yezidis, including as many as 3,000 women,
since August 2014;
Whereas ISIS has established a formal slave trade in which
women and girls as young as 5 years old are systematically
abducted, transported, categorized according to physical
traits and perceived value, and traded among ISIS militants
or sold for as little as $10;
Whereas the Research and Fatwa Department of ISIS has
issued guidelines and directions for the enslavement of
Yezidi women and children and has justified the actions on
the basis of religious teachings;
Whereas the New York Times reported that ``the Islamic
State has developed a detailed bureaucracy of sex slavery,
including sales contracts notarized by the ISIS-run Islamic
courts'';
Whereas according to various reports, including testimony
before Congress by Khidher Domle, a Yezidi activist and
Director of the Media Department at the University of Dohuk,
the enslavement and sexual violence used against Yezidi women
and children by ISIS militants in their attack on Mount
Sinjar was premeditated;
Whereas ISIS has initiated the mass killing of Yezidi men
and boys, the sexual violence and enslavement of Yezidi women
and children, and the forced displacement of Christians and
other religious communities;
Whereas the threat and reach of ISIS extends beyond Iraq
and Syria into the rest of the world, as demonstrated by
ISIS-affiliated attacks and recruitment of foreign fighters
from the United States, Europe, Central Asia, and Africa;
Whereas, according to testimony presented before the
Committee on Foreign Affairs of the House of Representatives
on September 29, 2015, it is possible that one of the ISIS
militants involved in the sexual slavery of Yezidi women and
children is a United States citizen; and
Whereas the United States Government should investigate and
urge prosecution of American citizens who are perpetrators of
or complicit in such crimes: Now, therefore, be it
Resolved, That the Senate--
(1) condemns the ongoing sexual violence against women and
children from Yezidi, Christian, Shabak, Turkmen, and other
religious communities by Islamic State of Iraq and Syria
militants;
(2) calls on the Attorney General to commence the
investigation and prosecution of any United States citizens
alleged to be perpetrators of or complicit in these crimes
and to report back to Congress what steps are being taken to
investigate and urge the prosecution of those involved;
(3) calls on the Government of Iraq and the governments of
other countries to identify individual perpetrators and
individuals involved in these crimes and take appropriate
measures to arrest and urge the prosecution of those
individuals; and
(4) defines ``complicit'', for purposes of this resolution,
as having knowingly and willingly taken actions which have
directly supported, promoted, enabled, aided, abetted, or
encouraged crimes involving sexual violence against women and
children from Yezidi, Christian, Shabak, Turkmen, or other
religious communities by Islamic State of Iraq and Syria
militants, including actively working to deny, cover up, or
alter evidence of such crimes.
____________________