Rape and Domestic Violence: The EVAW presidential decree was first issued in 2009 and was reinforced by another presidential decree in 2018. Implementation and awareness of the decree remained a serious problem. The decree criminalizes 22 acts of violence against women, including rape; battery or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. The penal code criminalizes rape of both women and men. The law provides for a minimum sentence of five to 16 years’ imprisonment for conviction of rape, or up to 20 years if one or more aggravating circumstances is present. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The penal code criminalizes statutory rape and prohibits the prosecution of rape victims for zina. The law provides for imprisonment of up to seven years for conviction of “aggression to the chastity or honor of a female [that] does not lead to penetration to anus or vagina.” Under the law rape does not include spousal rape. Authorities did not always enforce these laws, although the government was implementing limited aspects of EVAW, including through EVAW prosecution units.

Prosecutors and judges in rural areas were frequently unaware of the EVAW decree or received pressure to release defendants due to familial loyalties, threat of harm, or bribes, or because some religious leaders declared the law un-Islamic. Female victims faced stringent or violent societal reprisal, ranging from imprisonment to extrajudicial killing.

The penal code criminalizes forced gynecological exams, which act as “virginity tests,” except when conducted pursuant to a court order or with the consent of the subject. Awareness and enforcement of the restrictions on forced gynecological exams remained limited. In October the AIHRC reported that more than 90 percent of these exams were conducted without either a court order or the individual’s consent, and were conducted related to accusations including: adultery, murder, theft, and running away from home, among others. The Ministry of Public Health claimed no exam had taken place without a court order and the consent of the individual. There were reports police, prosecutors, and judges continued to order the exams in cases of “moral crimes” such as zina. Women who sought assistance in cases of rape were often subjected to the exams.

The penal code criminalizes assault, and courts convicted domestic abusers under this provision, as well as under the “injury and disability” and beating provisions in the EVAW decree. According to NGO reports, millions of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, and other individuals. State institutions, including police and judicial systems, failed to adequately address such abuse. Lockdowns due to COVID-19 forced women to spend more time at home, reportedly resulting in increased incidence of domestic violence as well as additional stress on already limited victim support systems. One such incident included a man from Paktika Province who cut off his wife’s nose with a kitchen knife in May. The woman, who regularly faced physical abuse by her husband, was reportedly seeking to leave the abusive relationship when her husband attacked her.

Due to cultural normalization and a view of domestic violence as a “family matter,” domestic violence often remained unreported. The justice system’s response to domestic violence was insufficient, in part due to underreporting, preference toward mediation, sympathy toward perpetrators, corruption, and family or tribal pressure. There were EVAW prosecution units in all 34 provinces, and EVAW court divisions expanded during the year to operate at the primary and appellate levels in all 34 provinces.

Space at the 28 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country. Some women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or being sent back to their family or to the perpetrator. Cultural stigmatization of women who spend even one night outside the home also prevented women from seeking services that may bring “shame” to herself or family.

In 2019 the International Federation of Association Football (FIFA) banned for life the Afghanistan Football Federation’s former head, Keramuddin Karim, and fined him one million Swiss francs (one million dollars) after finding him guilty of sexually abusing female players. At least five female soccer players accused Karim of repeated sexual abuse, including rape, from 2013 to 2018 while he served as the federation president. The players stated that Karim threatened them with reputational and additional physical harm if they did not comply with his advances. Women who rebuffed his advances were expelled from the team, according to eight former players who experienced such treatment. Those who went public faced intimidation. The Attorney General’s Office indicted Karim on multiple counts of rape in 2019, but the court sent the case back to the attorney general for further investigation before trial, and Karim was never questioned. Security forces attempted to arrest Karim on August 23 in Panjshir Province (where he was a former governor) but failed after local residents, many of whom were armed, intervened in support of Karim. At year’s end Karim was still at large.

At times women in need of protection ended up in prison, either because their community lacked a protection center or because “running away” was interpreted as a moral crime. Adultery, fornication, and kidnapping are criminal offenses. Running away is not a crime under the law, and both the Supreme Court and the Attorney General’s Office issued directives to this effect, but some local authorities continued to detain women and girls for running away from home or “attempted zina.” The Ministry of Women’s Affairs, as well as nongovernmental entities, sometimes arranged marriages for women who could not return to their families.

Other Harmful Traditional Practices: The law criminalizes forced, underage, and baad marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family) and interference with a woman’s right to choose her spouse. NGOs reported instances of baad were still practiced, often in rural areas. The practice of exchanging brides between families was not criminalized and remained widespread.

Honor killings continued throughout the year. In May a soldier in Badakhshan Province stabbed his 18-year-old sister to death in an apparent honor killing after she rejected her family’s proposal for an arranged marriage.

Sexual Harassment: The law criminalizes all forms of harassment of women and children, including physical, verbal, psychological, and sexual. By law all government ministries are required to establish a committee to review internal harassment complaints and support appropriate resolution of these claims. Implementation and enforcement of the law remained limited and ineffective. Media reported that the number of women reporting sexual harassment increased compared with prior years, although some speculated this could be an increased willingness to report cases rather than an increase in the incidence of harassment. Women who walked outside alone or who worked outside the home often experienced harassment, including groping, catcalling, and being followed. Women with public roles occasionally received threats directed at them or their families.

Businesswomen faced myriad challenges from the traditional nature of society and its norms with regard to acceptable behavior by women. When it was necessary for a businesswoman to approach the government for some form, permit, or authorization, it was common for a male functionary to ask for sexual favors or money in exchange for the authorization. In April, Human Rights Watch reported that a government employee, in front of other colleagues, told a woman with a disability he would process her disability certificate, which provides a stipend, if she had sex with him. The employee’s colleagues, according to her statement, laughed and said, “How do you want to get your disability card when you don’t want to sleep with us?” She reported that other women with disabilities had faced similar experiences when requesting disability certificates.

Reproductive Rights: In 2020 married couples had the legal right to decide the number, spacing, and timing of their children. The Family Law (2019), which is in effect by promulgation of presidential proclamation (though parliament has not passed it), outlines individuals’ rights to reproductive health. There were no recent, reliable data regarding reproductive rights in 2020. According to the 2015 Afghanistan Demographic and Health Survey, however, only 5 percent of women made independent decisions about their own health care, while 44 percent reported that their husbands made the decisions for them.

Having a child outside of wedlock is a crime according to the penal code and is punishable by up to three years’ imprisonment for both men and women. A mother faced severe social stigma for having a child out of wedlock, even when the pregnancy was a result of rape. Intentionally ending a pregnancy is a crime under both the penal code and the Elimination of Violence against Women (EVAW) law and is punishable by three months to one years’ imprisonment.

In 2020 there were no legal barriers to the use of any type of contraception, but there were social and cultural barriers, including the social practice of mandating a woman’s husband consent to the use of contraception. There were no legal barriers that prevent a woman from receiving reproductive health care or obstetrical care, but socially, many men prevented their wives from receiving care from male doctors or from having a male doctor in attendance at the birth of a child.

Families and individuals in cities generally had better access to information and better means to manage their reproductive health than did those living in rural areas. According to the United Nations, the rate of contraceptive use among married women was 35 percent for those living in urban areas compared with 19 percent in rural areas. According to the UN Population Fund, 20 percent of women could not exercise their right to reproductive health due to violence, and 50 percent did not have access to information about their reproductive rights. According to the Ministry of Public Health, while there was wide variance, most clinics offered some type of modern family planning method.

The WHO reported that the country had 638 maternal deaths per 100,000 live births in 2017 (the last year of reported data). A survey conducted by the Central Statistics Organization in the provinces of Bamyan, Daikundi, Ghor, Kabul, Kapisa, and Parwan concluded that many factors contributed to the high maternal death rate, including early pregnancy, narrowly spaced births, and high fertility. Some societal norms, such as a tradition of home births and the requirement for some women to be accompanied by a male relative to leave their homes, led to negative reproductive health outcomes, including inadequate prenatal, postpartum, and emergency obstetric care. Access to maternal health care services was constrained by the limited number of female health practitioners, including an insufficient number of skilled birth attendants. Additionally, the conflict environment and other security concerns limited women’s safe access to health services of any kind.

The EVAW law and the Prohibition of Harassment against Women and Children Law (2017) contain provisions to support female victims of violence, including sexual violence. In 2020 the Ministry of Women’s Affairs was charged with raising awareness of gender-based and sexual violence and providing legal support to survivors. According to the ministry, assistance was usually focused on pursuing legal action against the perpetrators but sometimes included general health services.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women who reported cases of abuse or who sought legal redress for other matters reported they experienced discrimination within the judicial system. Some observers, including female judges, asserted that discrimination was a result of faulty implementation of law. Limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected women’s access to and participation in the justice system. Women do not have equal legal rights, compared to men, to inherit assets as a surviving spouse, and daughters do not have equal rights, compared to sons, to inherit assets from their parents.

By law women may not unilaterally divorce their husbands, but they may do so with the husband’s consent to the divorce, although men may unilaterally divorce their wives. Many women petition instead for legal separation. According to the family court in Kabul, during the year women petitioned for legal separation twice as frequently as in the previous year.

Prosecutors and judges in some provinces continued to be reluctant to use the EVAW decree, and judges sometimes replaced those charges with others based on the penal code.

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation.

Female political figures and activists were the targets of assassinations and assassination attempts throughout the year. On December 24, unknown gunmen killed women’s rights activist Freshta Kohistani, along with her brother.

Unknown gunmen attacked Fawzia Koofi, a former lawmaker and member of the government negotiating team in intra-Afghan negotiations, who sustained minor injuries.

Similarly, Zarifa Ghafari, the mayor of Maidan Shahr (capital city of Wardak Province), survived two separate assassination attempts. On March 22, unknown gunmen fired on her car; she did not sustain injuries. On October 3, unknown gunmen ambushed her car, but she again escaped unharmed. On November 12, assailants shot and killed Ghafari’s father, an army colonel. The Taliban acknowledged responsibility for the attack. Ghafari claimed the Taliban killed her father to discourage her from serving as mayor.

On August 25, unknown gunmen shot at the car carrying actress and women’s rights campaigner Saba Sahar. Sahar and her companions were injured in the attack.

On November 8, Abdul Sami Yousufi, a prosecutor specializing in EVAW cases, was killed by a group of unidentified gunmen on motorcycles of Herat city. The Herat Attorney General’s Office opened an investigation following the killing.

On November 10, media outlets reported that unidentified assailants attacked and blinded Khatera, a female police officer, for securing a position on the police force. According to media reports, the attackers were tipped off by Khatera’s father. Khatera blamed the Taliban for the attack, although they denied responsibility.

Birth Registration: A citizen father transmits citizenship to his child. Birth in the country or to a citizen mother alone does not bestow citizenship. Adoption is not legally recognized.

Education: Education is mandatory up to the lower secondary level (six years in primary school and three years in lower secondary), and the law provides for free education up to and including the college level. UNICEF reported that approximately 3.7 million children, 60 percent of whom are girls, were not in school due to discrimination, poverty, lack of access, continuing conflict, and restrictions on girls’ access to education in Taliban-controlled areas, among other reasons. Only 16 percent of the country’s schools were for girls, and many of them lacked proper sanitation facilities. Key obstacles to girls’ education included poverty, early and forced marriage, insecurity, a lack of family support, lack of female teachers, and a lack of nearby schools.

Violent attacks on schoolchildren, particularly girls, hindered access to education, particularly in areas controlled by the Taliban. The Taliban and other extremists threatened and attacked school officials, teachers, and students, particularly girls, and burned both boys’ and girls’ schools. In February, Taliban militants set fire to a girls’ school in Takhar Province, burning all equipment, books, and documents.

There were press reports of sexual abuse perpetrated by teachers and school officials, particularly against boys. The government claimed families rarely pressed charges due to shame and doubt that the judicial system would respond. There were reports that both insurgent groups and government forces used school buildings for military purposes. School buildings were damaged and students were injured in Taliban attacks on nearby government facilities.

Child Abuse: The penal code criminalizes child abuse and neglect. The penalty for beating, or physically or mentally disciplining or mistreating a child, ranges from a fine of 10,000 afghanis ($130) to one year in prison if the child does not sustain a serious injury or disability. Conviction of endangering the life of a child carries a penalty of one to two years in prison or a fine of 60,000 to 120,000 afghanis ($800 to $1,600).

Police reportedly beat and sexually abused children. Children who sought police assistance for abuse also reported being further harassed and abused by law enforcement officials, particularly in bacha bazi cases, which deterred victims from reporting their claims.

On September 21, police officers in Kandahar Province beat and raped a 13-year-old boy who died of his injuries. The Attorney General’s Office reported seven suspects were in custody at year’s end and that it filed indictments against them at a Kabul district court in November for assault, rape, and murder.

NGOs reported a predominantly punitive and retributive approach to juvenile justice throughout the country. Although it is against the law, corporal punishment in schools, rehabilitation centers, and other public institutions remained common.

In 2019 human rights defenders exposed the sexual abuse of at least 165 schoolboys from three high schools in Logar Province, alleging that teachers, principals, vice principals, fellow students, and at least one local law enforcement official participated in the abuse. The release of videos of some the rapes and exposure of the scandal led to at least five honor killings of the victims. Two human rights defenders were subsequently placed in NDS detention after exposing the allegations, forced to apologize for their reporting, and continued to face threats after their release, prompting them to flee the country. The Attorney General’s Office investigation into the scandal resulted in the identification of 20 perpetrators, 10 of whom had been arrested by year’s end. Nine of the perpetrators were convicted of child sexual assault by the Logar Primary Court, which handed down sentences ranging between five and 22 years’ imprisonment. Another four men were indicted by the Attorney General’s Office in early September of raping a male student. One of the suspects, a high school headmaster, was the first government employee to face charges of child sexual assault related to the Logar bacha bazi case.

There were reports some members of the military and progovernment groups sexually abused and exploited young girls and boys. UNAMA reported children continued to be subjected to sexual violence by parties to the conflict at an “alarming rate.” According to media and NGO reports, many of these cases went unreported or were referred to traditional mediation, which often allowed perpetrators to reoffend.

The government took steps to discourage the abuse of boys and to prosecute or punish those involved. The penal code criminalizes bacha bazi as a separate crime and builds on a 2017 trafficking-in-persons law (TIP law) that includes provisions criminalizing behaviors associated with the sexual exploitation of children. The penal code details the punishment for authorities of security forces involved in bacha bazi with an average punishment of up to 15 years’ imprisonment. Although no police officer had ever been prosecuted for bacha bazi, eight officers were arrested during the year in connection with bacha bazi incidents and charged with “moral crimes,” sodomy, or other crimes.

The Ministry of Interior operated CPUs throughout the country to prevent the recruitment of children into the ANP, although the CPUs played a limited oversight role in recruiting. Nevertheless, recruitment of children continued, including into the ANP, the ALP, progovernment forces, and Taliban. Additionally, the government did not have sufficient resources to reintegrate children into their families once they had been identified by the CPUs.

Child, Early, and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 years for girls (15 years with the consent of a parent or guardian or the court) and 18 years for boys, international and local observers continued to report widespread early and forced marriages throughout the country. By EVAW decree those convicted of entering into, or arranging, forced or underage marriages are subject to at least two years’ imprisonment; however, implementation was limited.

By law a marriage contract requires verification that the bride is 16 years old (or 15 years old with the permission of her parents or a court), but only a small fraction of the population had birth certificates.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. In addition to outlawing the practice of bacha bazi, the penal code provides that, “[i]f an adult male has intercourse with a person younger than the legal age, his act shall be considered rape and the victim’s consent is invalid.” In the case of an adult female having intercourse with a person younger than the legal age, the law considers the child’s consent invalid and the woman may be prosecuted for adultery. The EVAW decree prescribes a penalty of 10 to 15 years’ imprisonment for forcing an underage girl into prostitution. Taking possession of a child for sexual exploitation or production of pornographic films or images constitutes trafficking in persons under the TIP law regardless of whether other elements of the crime are present.

Displaced Children: During the year NGOs and government offices reported high numbers of returnee families and their children in border areas, specifically Herat and Jalalabad. The government attempted to follow its policy and action plan for the reintegration of Afghan returnees and IDPs, in partnership with the United Nations; however, the government’s ability to assist vulnerable persons, many of them unaccompanied minors, remained limited, and it relied on the international community for assistance. Although the government banned street begging in 2008, NGOs and government offices reported large numbers of children begging and living in the streets of major cities.

Institutionalized Children: Living conditions for children in orphanages were poor. NGOs reported as many as 80 percent of children between ages four and 18 in orphanages were not orphans but from families unable to provide them with food, shelter, schooling, or all three. Children in orphanages reported mental, physical, and sexual abuse and occasionally were victims of trafficking. They did not have regular access to running water, heating in winter, indoor plumbing, health-care services, recreational facilities, or education. Security forces kept child detainees in juvenile detention centers run by the Ministry of Justice, except for a group of children arrested for national security violations who stayed at the detention facility in Parwan, the country’s primary military prison. NGOs reported these children were kept separate from the general population but still were at risk of radicalization.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were no reports of anti-Semitic acts. Reportedly only one Afghan Jew remained in the country.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution prohibits any kind of discrimination against citizens and requires the state to assist persons with disabilities and to protect their rights, including the rights to health care and financial protection. The constitution also requires the state to adopt measures to reintegrate and provide for the active participation in society of persons with disabilities. The law provides for equal rights to, and the active participation of, such persons in society. Observers reported that both the constitutional provisions and disabilities rights law were mostly ignored and unenforced.

Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, difficulty in acquiring government identification required for many government services and voting, lack of economic opportunities, and social exclusion due to stigma.

Lack of security remained a problem for disability programs. Insecurity in remote areas, where a disproportionate number of persons with disabilities lived, precluded delivery of assistance in some cases. The majority of buildings remained inaccessible to persons with disabilities, prohibiting many from benefitting from education, health care, and other services.

In the Meshrano Jirga, authorities reserved two of the presidentially appointed seats for persons with disabilities. By law 3 percent of all government positions are reserved for persons with disabilities, but government officials acknowledged the law was not enforced.

Human Rights Watch released a report in April in which a woman with a disability reported that Herat city offered no disability support services, including technical support for wheelchair damage. She told interviewers she was stranded indoors, unable to access recreational activities.

Ethnic tensions continued to result in conflict and killings. Societal discrimination against Shia Hazaras continued in the form of extortion of money through illegal taxation, forced recruitment and forced labor, physical abuse, and detention. According to NGOs, the government frequently assigned Hazara police officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country. During the year ISIS-K continued attacks against Shia, predominately Hazara, communities. On March 6, gunmen attacked a ceremony in Kabul attended primarily by Shia Hazaras, killing 32. On October 24, a suicide bomber killed 40 persons and wounded 72 others at an educational center in a Hazara neighborhood of Kabul. ISIS-K claimed responsibility. Many of the victims were between the ages of 15 and 26.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs, harassment in school, and verbal and physical abuse in public places. On March 25, gunmen attacked a Sikh gurdwara (house of worship and community gathering place) in Kabul, killing 25 and injuring 11. ISIS-K claimed responsibility for this attack. On March 26, an IED detonated during funeral services for the victims, injuring one. On March 27, police found and defused another IED near the Kabul gurdwara. In the months that followed, many Sikh families departed the country, going primarily to India, due to threats against Sikhs and what they perceived to be inadequate government protection. At year’s end approximately 400 members of the Sikh and Hindu community remained in the country, down from approximately 600 at the start of the year.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct. Under Islamic sharia law, conviction of same-sex sexual activity is punishable by death, flogging, or imprisonment. Under the penal code, sex between men is a criminal offense punishable by up to two years’ imprisonment and sex between women with up to one year of imprisonment. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals reported they continued to face arrest by security forces and discrimination, assault, and rape. There were reports of harassment and violence of LGBTI individuals by society and police. Homosexuality was widely seen as taboo and indecent. LGBTI individuals did not have access to certain health-care services and could be fired from their jobs because of their sexual orientation. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. Even registered organizations working on health programs for men who have sex with men faced harassment and threats by the Ministry of Economy’s NGO Directorate and NDS officials.

Saboor Husaini, a transgender activist and artist, died in a Herat hospital after being beaten by an unidentified group of men December 25.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV or AIDS, but there was reportedly serious societal stigma against persons with AIDS. While the law allows for the distribution of condoms, the government restricted distribution to married couples.

Rape and Domestic Violence: The law criminalizes rape but does not specifically address spousal rape. Prison sentences for rape range from five to 10 years and, although sex crimes are rarely reported due to cultural norms, authorities generally enforced the law. A provision of the penal code allows an adult accused of “corruption of a minor” to avoid prosecution if the accused subsequently marries his or her victim and if the crime did not involve violence, threats, or fraud. The law stipulates sentences of one year to life imprisonment for “anyone who voluntarily causes injury or blows to his or her spouse.” It also introduced penalties for verbal and psychological violence, sexual assault, harassment, and indecent assault.

Domestic violence remains a society-wide problem. The law states that a person claiming domestic abuse must visit a “forensic physician” for an examination to document injuries and that the physician must determine the injuries suffered “incapacitated” the victim for 15 days. The law prescribes up to a 20-year imprisonment for the accused, depending on the severity of injuries. If domestic violence results in death, a judge may impose a life sentence.

For the first quarter of the year, the Ministry for National Solidarity, Family, and Women reported that there were 260 logged cases of violence against women, down from 1,734 cases in 2019. The Minister of Solidarity provides psychological care, guidance, and administrative and legal support through their Social Action and Solidarity Departments (DASS) teams, which are in all the country’s provinces. The National Security General Directorate (DGSN) reported there were 6,121 complaints related to violence against women.

According to statistics from women’s advocacy groups published in the local press, between 100 and 200 women die each year from domestic violence. The government maintained two regional women’s shelters and finished building a third shelter in Annaba, which the government said will be operational by the end of the year. These shelters assisted with 300 cases of violence against women during 2019. The Information and Documentation Center on the Rights of Children and Women, a network of local organizations that promoted the rights of women, managed call centers in 15 provinces.

Femicides Algeria, an advocacy group which tracks and publicizes femicides, reported 38 women have been killed because of their gender in the country since the start of the year.

In April media reported several femicides. In Bouzareah a police officer shot and killed his wife in front of their four children. In Zahana a man threw his wife from the window of their second-floor apartment. In Relizane a 25-year-old man stabbed his mother. The women died in these three cases and police arrested the perpetrators. Their cases are still pending.

In October a 19-year-old woman, Chaima Sadou, was kidnapped, raped, and murdered. Authorities arrested a suspect, who confessed to killing Sadou. The suspect previously served three years in prison after authorities convicted him for sexually assaulting and stalking Sadou when she was 15 years old. Sadou’s remains were burned beyond recognition.

During the year a women’s advocacy group, the Wassila Network, received 200 cases of domestic violence. The Wassila Network stated information on domestic violence remains sparse and public authorities have not provided exact statistics on violence against women since 2012. The Wassila Network noted this number is a fraction of actual cases since victims of domestic violence rarely report the abuse to authorities and because of a forgiveness clause provided in the legal code. The clause stipulates that, if the victim forgives his or her aggressor, legal action ceases. The Wassila Network described situations in which a victim goes to police to report a domestic violence incident and family members convince the victim to forgive the aggressor, resulting in no charges.

The Wassila Network reported 16 femicides during the COVID-19 lockdown. According to the NGO, the figure is likely much higher, since many cases are not reported. Women’s groups expressed concerns about the consequences of the lockdown. NGO Femmes Algeriennes vers un Changement pour l’Egalite (FACE) issued a statement highlighting the increase of violence against women within the home. FACE called for authorities to implement emergency measures to protect women from violence.

Two women’s rights activists, Wiam Arras and Narimene Mouaci, launched a Facebook initiative called “Feminicides Algerie” to track femicide in the country. As of August 18, they documented 36 cases of femicide. The initiative’s goal is to publicize the extent of violence against women, specifically violence resulting in death. They began their publicity initiative in 2019, after seeing the discrepancy between official statistics and NGO statistics, the latter of which were almost double that of the authorities.

Women’s rights NGOs maintained call centers and counseling sessions throughout the COVID-19 lockdown. The Wassila Network, which usually averages between 20 calls a week, received an average of 70 calls per week since the COVID-19 lockdown began in March.

The law provides for sentences of one to 20 years’ imprisonment for domestic violence and six months to two years’ incarceration for men who withhold property or financial resources from their spouses.

In 2018 the Ministry for National Solidarity, Family, and Women and UN Women launched an administrative database, named AMANE, to collect information on violence against women. UN Women is using the information collected to assist the government in developing targeted programs to support and protect women in vulnerable situations, including violence, as part of one of its programs funded by the Belgian government. The government reported it uses the data to identify patterns of violence against women, specifically collecting data on family situations, types of violence, and relationship to the perpetrators. The 2019 AMANE data showed women aged 36-50 represent 47 percent of reported cases; women aged 19-35 represent 30 percent of cases; and the most frequent perpetrators are women’s husbands.

Female Genital Mutilation and Cutting (FGM/C): This was not generally practiced in the country but was widely present among immigrant communities in southern sectors, particularly among Sub-Saharan African migrant groups. While this abuse is considered a criminal offense punishable by up to 25 years in prison, there were no reports of any related convictions, nor any official pronouncements by religious or secular leaders proscribing the practice.

Sexual Harassment: The punishment for sexual harassment is one to two years’ imprisonment and a fine; the punishment doubles for a second offense. Women’s groups said that most reported cases of harassment occurred in the workplace.

Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children; have the right to manage their reproductive health; and had access to the information and means to do so. Societal and family pressure restricted women from making independent decisions about their health and reproductive rights.

Conservative elements of society challenged the government’s family planning program, including the provision of free contraception. A 2018 Oran hospital survey showed that a husband’s prohibition or religious disapproval influenced women’s contraceptive practices. Married and unmarried women had access to contraceptives, although some clinics required a prescription before dispensing birth control pills to unmarried women. A doctor in Oran said anecdotally that her colleagues more frequently questioned young women’s motives for seeking birth control, compared to past practice. Women did not need permission to obtain birth control pills, but doctors required permission of the partner for women who sought tubal ligation.

Civil society organizations such as the Wassila Network coordinated medical, psychological, and legal support to victims of sexual violence.

According to World Health Organization (WHO) data, the maternal mortality rate gradually dropped from 179 deaths per 100,000 live births in 1998 to 112 deaths per 100,000 live births in 2017 (the most recent available annual data). The WHO attributed the decline to increased medical training, investments in health care, and specific government initiatives aimed at reducing maternal deaths. A 2018 study by a prominent women’s group found that 75 percent of women who used nonbarrier birth control opted for the birth control pill, while 11 percent opted for an intrauterine device. These figures coincided with the United Nations Population Fund’s most recent data.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Although the constitution provides for gender equality, aspects of the law and traditional social practices discriminated against women. In addition some religious elements advocated restrictions on women’s behavior, including freedom of movement. The law prohibits Muslim women from marrying non-Muslims, although authorities did not always enforce this provision.

Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce the law provides for the wife to retain the family’s home until the children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization. The government provided a subsidy for divorced women whose former husbands failed to make child support payments.

The law affirms the religiously based practice of allowing a man to marry as many as four wives. The law permits polygamy only upon the agreement of the previous and future wife, and the determination of a judge as to the husband’s financial ability to support an additional wife. It was unclear whether authorities followed the law in all cases since local authorities had significant discretion and the government did not maintain nationwide statistics.

Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers. Women did not often have exclusive control over assets that they brought to a marriage or that they earned.

Women may own businesses, enter into contracts, and pursue careers similar to those of men. Women enjoyed rights equal to those of men concerning property ownership, and property titles listed female landowners’ names.

Birth registration: The mother or father may transmit citizenship and nationality. By law children born to a Muslim father are Muslim, regardless of the mother’s religion. The law does not differentiate between girls and boys in registration of birth.

On August 8, the prime minister changed the procedure for recognizing children born to an unknown father. The decree stipulates requests must be made through the Ministry of Justice. The decree also states that a “person who has legally fostered a child born to an unknown father, may submit a request, on behalf and for the benefit of this child, to the public prosecutor in order to change the patronymic name of the child and make it match his own.” If the child’s mother is known and alive, her consent is required to change the name. Those born abroad can file a request at the diplomatic or consular center of their place of residence.

Child Abuse: Child abuse is illegal but continues to be a problem. The government devoted increasing resources and attention to it. A national committee is responsible for monitoring and publishing an annual report on the rights of children. The government supported the Qatari NGO Network for the Defense of Children’s Rights. For the first quarter of the year, the Ministry for National Solidarity, Family, and the Status of Women reported that the government intervened in 887 child endangerment cases.

Laws prohibiting parental abduction do not penalize mothers and fathers differently, and the punishment for convicted kidnappers includes the death penalty.

In August, Meriem Chorfi, president of the National Body of the Protection and Promotion of Children (ONPPE), stated her organization’s toll free telephone number received 1,480 reports related to children’s rights abuses. She added that 500 calls occurred during the mandatory COVID-19 curfew period. Chorfi estimated the ONPPE hotline receives 10,000 calls per day, mostly to request information or clarification on specific topics related to child abuse.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 19 for both men and women, but minors may marry with parental consent, regardless of gender. The law forbids legal guardians from forcing minors under their care to marry against the minor’s will. The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies.

Sexual Exploitation of Children: The law prohibits solicitation for prostitution and stipulates prison sentences of between 10 and 20 years when the offense is committed against a minor younger than 18. By law the age for consensual sex is 16. The law stipulates a prison sentence of between 10 and 20 years for rape when the victim is a minor. The DGSN reported there were 1,443 victims of child sexual abuse.

The law established a national council to address children’s matters, which gives judges authority to remove children from an abusive home, and allows sexually abused children to provide testimony on video rather than in court.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The country’s Jewish population numbered fewer than 200 persons.

Religious and civil society leaders reported that the Jewish community faced unofficial, religion-based obstacles to government employment and administrative difficulties when working with government bureaucracy.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities, although the government did not always effectively enforce these provisions (see also section 7, Worker Rights).

The Ministry of National Solidarity, Family, and the Status of Women provided some financial support to health-care-oriented NGOs, but for many NGOs, such financial support represented a small fraction of their budgets. The government provided disability benefits to persons with disabilities who registered.

The Ministry of National Solidarity, Family, and Women reported that in 2019 it ran 238 centers throughout the country that provided support for persons with intellectual, auditory, vision, and physical disabilities.

Many persons with disabilities struggled to acquire assistive devices and noted the National Office of Apparatus and Accessories for the Handicapped did not have a presence in all provinces.

The ministry stated that it worked with the Ministry of Education to integrate children with disabilities into public schools to promote inclusion. The majority of the ministry’s programs for children with disabilities remained in social centers for children with disabilities rather than in formal educational institutions. Advocacy groups reported that children with disabilities rarely attended school past the secondary level. Many schools lacked teachers trained to work with children with disabilities, threatening the viability of efforts to mainstream children with disabilities into public schools. For the 2020-21 school year, the government reported it created 1,722 positions to assist children with disabilities, including 940 master teachers’, 400 teachers’, and 382 school assistants’ positions. The government also reported it limited class sizes for children with auditory, visual, and mental disabilities.

Many persons with disabilities faced challenges casting ballots due to voting centers that lacked accessible features.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes public indecency and consensual same-sex sexual relations between adult men or women, with penalties that include imprisonment of six months to three years and a fine. The law also stipulates penalties that include imprisonment of two months to two years and fines for anyone convicted of having committed a “homosexual act.” If a minor is involved, the adult may face up to three years’ imprisonment and a fine. LGBTI activists reported that the vague wording of laws criminalizing “homosexual acts” and “acts against nature” permitted sweeping accusations that resulted in multiple arrests for consensual same-sex sexual relations, but no known prosecutions during the year.

LGBTI status is not, in itself, criminalized; however, LGBTI persons may face criminal prosecution under legal provisions concerning prostitution, public indecency, and associating with bad characters. NGOs reported that judges gave harsher sentences to LGBTI persons for the above crimes compared to non-LGBTI persons. An NGO reported that LGBTI men were targeted more often than women.

The law does not extend antidiscrimination protections to LGBTI persons based on sexual orientation, gender identity or expression, or sex characteristics. Officials asserted that the law covers LGBTI individuals through general civil and human rights legislation. Government officials did not take measures specifically to prevent discrimination against LGBTI persons. LGBTI persons faced discrimination in accessing health services such as longer wait times, refusal of treatment, and shaming. Some organizations maintained a list of “LGBTI-friendly” hospitals, and several NGOs operated mobile clinics specifically for vulnerable communities. NGOs reported that employers refused jobs to LGBTI persons, particularly men perceived as effeminate. Community members reported obtaining legal assistance was also a challenge due to similar discrimination.

On July 24, Constantine’s national gendarmerie arrested 44 individuals for supporting a same-sex marriage. On September 3, authorities convicted 44 individuals of same-sex sexual relations, public indecency, and subjecting others to harm by breaking COVID-19-related quarantine measures. Two men received three years in prison and a fine, and the others received a one-year suspended sentence.

In February, two men shared their wedding ceremony on social media. Following the post, Tebessa security authorities arrested the two men, charging them with “displaying shameful images to the public, committing an act of homosexuality in public, and possession of drugs.”

During the year LGBTI NGOs organized virtual meetings. The NGOs reported government harassment, including threats of imprisonment.

HIV and AIDS Social Stigma

Strong social stigma towards the vulnerable groups in which HIV/AIDS was most concentrated–commercial sex workers, men who have sexual relations with men, and drug users–deterred testing of these groups. The government reported it did not take measures to specifically prevent and treat HIV/AIDS in the LGBTI community. Members of the country’s LGBTI community reported pre-exposure prophylaxis (PrEP) is not available.

According to UNAIDS the country was close to achieving the UNAIDS’ 90-percent target, with 84 percent of persons living with HIV knowing their status. Civil society organizations are integral to the region’s HIV response, and advocate for HIV prevention, treatment, and funding. Many civil society organizations include individuals affected by HIV, helping these organizations reach key populations.

The government’s National AIDS Committee met during the year. The committee brought together various government and civil society actors to discuss implementation of the national strategy to combat HIV/AIDS.

During the COVID-19 pandemic, a professor at El-Hadi Flici Hospital, Algiers’ primary hospital for infectious diseases, stated ambulances were delivering AIDS patients’ medicines to reduce their susceptibility to COVID-19.

Rape and Domestic Violence: The law prohibits rape, including spousal rape, both of which are punishable by up to 15 years’ imprisonment. It penalizes domestic physical or psychological violence with a prison sentence of up to three years. Authorities enforced the law effectively.

The government’s Service for the Assistance of Victims of Gender Violence assisted 236 persons. This represented a 68-percent increase in reported cases. Most of the reported cases occurred during the government lockdown from March through May in response to the COVID-19 pandemic. The Service provided comprehensive medical and psychological services as well as legal assistance to victims of gender violence and domestic violence. In addition the government placed abused women and their children in a shelter, in a hotel, or with voluntary foster families. The national hotline for victims continued to function as a 24-hour service. Victims of domestic and gender-based violence could also report abuse by saying the words “purple code” to hospital workers or law enforcement agents activate all relevant assistance protocols. Victims could also request help from nongovernmental organizations (NGOs) Andorran Women’s Association (ADA), Accio Feminista Andorra, and Stop Violencies Andorra. In June the Ministry of Social Affairs, Housing, and Youth signed a memorandum of understanding with Accio Feminista Andorra to establish a victim’s assistance collaboration framework.

The Department of Equality Policies, which promotes and develops programs to prevent and fight against gender and domestic violence as well as any other forms of inequality, provided training on gender violence for journalists of the main national media outlets, social workers in the national and municipal administrations, and law enforcement agents.

Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three-months’ to three years’ imprisonment. As of the end of August, no cases were reported to authorities. Victims were reluctant to file a complaint due to fear of reprisal.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of governmental authorities.

Discrimination: The law prohibits discrimination privately or professionally with fines up to 24,000 euros ($28,800). The government enforced the law effectively.

Birth Registration: According to the law, citizenship is acquired at birth in the following circumstances: a child is born in the country to an Andorran parent or born abroad to an Andorran parent born in the country; a child is born in the country if either parent was born in the country and is living there at the time of birth; or a child is born in the country and both parents are stateless or of unknown identity. A child of foreign parents may acquire Andorran nationality by birth in the country if at the time of birth one of the parents completed 10 years in the country. Otherwise, the child may become a citizen before attaining the age of majority or a year after reaching the age of majority if his or her parents have been permanently resident in the country for 10 years or if the person can prove that he or she has lived in the country permanently and continuously for the last five years. In the meantime, the child has a provisional passport.

Children are registered at birth.

Child Abuse: The law punishes child abuse with three months’ to six years’ imprisonment. The government’s Specialized Child Protection Team, consisting of three social workers, five psychologists and two social educators, intervened in situations where children and young persons were at risk or lacked protection, and it collected data on cases of child abuse. As of July authorities assisted 246 minors at risk, of whom 16 lived in a shelter designated for them.

The Ministry of Social Affairs approved a new protocol for the protection of minor victims of child abuse, sexual aggression, or physical abuse during judicial proceedings. The aim of the new protocol is to avoid double victimization of the children.

Child, Early, and Forced Marriage: The minimum legal age of marriage is 16 for girls and boys and as young as 14 with judicial authorization.

Sexual Exploitation of Children: The penalty for statutory rape is 15 years’ imprisonment, the same as for rape in general. The law bans slavery and servitude with a maximum of 12 years’ imprisonment and trafficking in persons for the purpose of slavery and servitude with a maximum of six years.

The law punishes anyone who manages or finances premises used for prostitution; who aids, abets, or fosters prostitution; or who incites another person to engage in prostitution by means of violence or intimidation or based on need, superiority, or deceit.

Child pornography is illegal and carries a prison sentence of up to four years. The minimum age of sexual consent is 14 years.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Unofficial estimates placed the size of the Jewish community at 100 persons. There were no reports of anti-Semitic acts.

There were no confirmed reports during the year that Andorra was a source, destination, or transit country for victims of human trafficking.

The law prohibits discrimination against persons with disabilities. The Ministry of Social Affairs, Housing, and Youth received requests for psychological, social, and legal assistance from persons with disabilities.

The Service for Personal Autonomy within the Ministry of Social Affairs, Housing, and Youth supports persons with disabilities and their families. Local civil society organizations continued to identity as the primary concern for persons with disabilities accessibility for persons with disabilities and their entry into the workforce.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law considers sexual orientation an “aggravating circumstance” for crimes motivated by hate or bias. There were few cases of violence based on sexual orientation, gender identity, or sex characteristics. The Ministry of Social Affairs, Housing, and Youth received requests for psychological, social, and legal assistance from individuals based on their gender identity or expression. NGOs called for appropriate training on transsexuality, especially for professionals working with children, including medical professionals, teachers, and civil servants. Complaints on the grounds of sexual orientation and gender identity may be brought before the civil and administrative courts.

The Ministry of Social Affairs, Housing, and Youth and the NGO Diversand together launched an awareness campaign through social media platforms to foster diversity and tolerance. The campaign aimed at raising the visibility of the lesbian, gay, bisexual, transgender, and intersex community with special emphasis on transgender children.

Rape and Domestic Violence: The law establishes sentences ranging from 10 years’ to life imprisonment for conviction of the rape of women. The law also addresses rape of men and establishes sentences of five years’ to life imprisonment if convicted. Spousal rape is illegal under certain limited circumstances, such as after a legal separation, with a punishment of 15 years’ imprisonment if convicted.

Violence against women, including spousal abuse, continued to be a serious problem. The law prohibits and has penalties for conviction of domestic violence, but according to a local NGO representative, police failed to carry out their obligations on domestic violence under the law.

Authorities stated they had several domestic-violence programs, including training for law enforcement officers, health-care professionals, counselors, social workers, immigration officers, and army officers.

An NGO representative stated the government’s Directorate of Gender Affairs and the Family Social Services Division offered limited programs and resources to help victims of gender-based violence. According to the representative, government efforts to combat gender-based violence and rape were ineffective.

Sexual Harassment: The law defines harassment as a crime and establishes a five-year maximum prison sentence for conviction. The government stated it investigates formal complaints when they are filed; however, the Ministry of Labor reported it did not receive any reports of sexual harassment during the year. An NGO representative reported that sexual harassment in the workplace was a problem.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and had access to the information and means to do so, free from discrimination, coercion, or violence. The law criminalizes abortion except to save the life of the mother.

There were no legal or social barriers to accessing contraception, but some religious beliefs and cultural barriers limited its usage.

No government policies or legal, social, or cultural barriers adversely affected access to skilled health attendance during pregnancy and childbirth.

The government provided access to sexual and reproductive health services for survivors of sexual violence through the Ministry of Social Transformation and the Blue Economy. Within that ministry, various divisions (i.e., Social Welfare, Gender Affairs, and Social Improvement) worked together to assist victims of sexual and gender-based violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides the same legal status and rights for women and men. Legislation requires equal pay for equal work; however, women often received less pay for equal work. The labor code stipulates it is unlawful for an employer to discriminate against an individual because of his or her gender. The Ministry of Labor reported that it was investigating two cases of employment discrimination filed during the year.

Birth Registration: Citizenship is acquired by birth in the country, and the government registers all children at birth. Children born abroad to citizen parents can be registered by either parent.

Child Abuse: The law on child abuse includes provisions on childcare services and orders of care placing abused children into the care of government authorities. The law stipulates a significant fine or three years in prison for conviction of child abuse. In extreme cases the government removes children from their homes and puts them in foster care or into a government-run or private children’s home.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 for both men and women. Persons ages 16 to 18 may marry with parental consent; however, marriage when either partner was younger than 18 was rare.

Sexual Exploitation of Children: Child pornography is illegal and subject to large fines and up to 20 years in prison. The minimum age for consensual sex is 16.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community was very small, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits any form of discrimination based on disability and stipulates a moderate fine or two years’ imprisonment for conviction of violations. A local NGO representative reported that the law was not effectively enforced. The NGO representative reported that some progress was made in specific areas such as vocational training for persons with disabilities. Public areas, including government buildings, often lacked wheelchair accessibility. Persons with disabilities faced social stigma.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were no reports of public violence committed against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons due to their actual or perceived sexual orientation.

Consensual same-sex sexual conduct between men is illegal under indecency statutes; however, the law was not strictly enforced. Conviction of consensual same-sex sexual conduct between men carries a maximum penalty of 15 years’ imprisonment. No law specifically prohibits discrimination against LGBTI persons.

HIV and AIDS Social Stigma

Although the government denied it, an NGO representative reported that fear, stigma, and discrimination impaired the willingness of some persons with HIV to obtain treatment. Persons with HIV reported several incidents of discrimination from health-care professionals and police. Anecdotal evidence suggested employers dismissed and discriminated against employees with HIV or AIDS.

Rape and Domestic Violence: The law only prohibits rape of girls and women by men and physical spousal abuse, but the law excludes marital rape if the girl or woman is older than 13. Rape can be punished by life imprisonment or the death penalty.

Credible human rights organizations found rape remained a serious issue in the country, with reported rapes throughout the year roughly keeping pace with previous years. Domestic human rights group Ain o Salish Kendra reported at least 975 women were raped during the first nine months of the year. In comparison, Odhikar reported 1,080 women and children were raped between January and December 2019; among them 330 were women, and 737 were below the age of 18.

There were reports of sexual violence committed with impunity. In October a video of several men gang-raping a woman was released on social media. The video showed the men using sticks to torture the women and helping each other rape the woman. In the video the woman can be heard pleading, “I am calling you my father, my brother, please let me go! For the sake of Allah let me go!” Social outrage after the video was released online led to protests throughout the country. In response the government released an ordinance introducing the death penalty as the maximum punishment for rape, and on October 15 a court sentenced five men to death for the 2012 gang rape of a 15-year-old girl. Activists doubted the death penalty would deter future sexual assaults. Local lawyers cite the conviction rate for rape as less than 3 percent.

In September a newlywed couple visited a Sylhet college campus where they were accosted by a group of six men, all members of the ruling party’s student wing. The men forced both of them into a hostel on campus, tied up the husband, and gang-raped the wife. The husband immediately filed a complaint with the police. The incident triggered protests at the college with demonstrators alleging the accused “moved with impunity.” Demonstrators said college authorities kept the hostel–a dormitory controlled by the student political leaders–open during the pandemic, when other educational institutions had closed, “fully aware of various criminal activities” in the dormitories. Police later arrested all named suspects.

According to guidelines for handling rape cases, the officer in charge of a police station must record any information relating to rape or sexual assault irrespective of the place of occurrence. Chemical and DNA tests must be conducted within 48 hours from when the incident was reported. Guidelines also stipulate every police station must have a female police officer available to victims of rape or sexual assault during the recording of the case by the duty officer. The statements of the victim must be recorded in the presence of a lawyer, social worker, protection officer, or any other individual the victim deems appropriate. Victims with disabilities should be provided with government-supported interpretation services, if necessary, and the investigating officer along with a female police officer should escort the victim to a timely medical examination.

A collection of political, sociocultural, and human rights groups said incidents of rape continued to occur due to a culture of impunity. According to human rights monitors, many victims did not report rapes due to lack of access to legal services, social stigma, fear of further harassment, and the legal requirement to produce witnesses. The burden is on the rape victim to prove a rape occurred, using medical evidence.

Other Harmful Traditional Practices: Some media and NGOs reported violence against women related to disputes over dowries, despite recent legal changes prohibiting dowry demands. Under law an individual demanding or giving a dowry can be imprisoned for up to five years, fined, or both. ASK found 66 incidents of wives killed over dowry disputes during the first nine months of the year.

In June, Fatema Jinnan Jotsnya, age 25, was admitted to the hospital after her husband hit her on the head with an iron rod. She later died of her injuries. According to the police statement, Jotsnya’s husband beat her every Saturday over unfulfilled dowry expectations. Following Jotsnya’s death, her brother filed a case against the husband, his mother, and three other accused. Police arrested the husband, who confessed to his involvement in Jotsnya’s death.

A Supreme Court Appellate Division ruling allows the use of fatwas (religious edicts) only to settle religious matters; fatwas may not be invoked to justify punishment, nor may they supersede secular law. Islamic tradition dictates only those religious scholars with expertise in Islamic law may declare a fatwa. Despite these restrictions, village religious leaders sometimes made such declarations. The declarations resulted in extrajudicial punishments, often against women, for perceived moral transgressions.

Incidents of vigilantism against women occurred, sometimes led by religious leaders enforcing fatwas. The incidents included whipping, beating, and other forms of physical violence.

Assailants threw acid in the faces of victims, usually women, leaving them disfigured and often blind. Acid attacks were frequently related to a woman’s refusal to accept a marriage proposal or were related to land or other money disputes. In November 2019 the Acid Survivor Foundation said acid attacks dropped from 494 incidents in 2002 to eight during the first six months of 2019.

Sexual Harassment: Although sexual harassment is prohibited by a 2009 High Court guideline, harassment, also known as “Eve teasing,” was common according to multiple NGOs. During the pandemic, Manusher Jonno foundation, a local human rights group, found multiple instances of women reporting sexual harassment while receiving food assistance.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. LGBTI groups reported lesbian and bisexual women lacked access to basic sexual and reproductive health care.

Civil society organizations reported that survivors of child marriage had less negotiating power to make family planning choices. According to the 2017-18 Bangladesh Demographic and Health Survey (BDHS), three out of five girls marry by age 18, with an adolescent birth rate of 28 percent. UNICEF also found nearly five in 10 child brides gave birth before age 18 and eight in 10 child brides gave birth before age 20.

A full range of contraceptive methods, including long-acting reversible contraception and permanent methods, were available through government, NGO, and for-profit clinics and hospitals. Low-income families were more likely to rely on public family planning services offered free of cost. Religious beliefs and traditional family roles served as barriers to access. Government district hospitals had crisis management centers providing contraceptive care to survivors of sexual assault.

According to the World Bank’s most recent estimates, maternal mortality ratio declined from 2000 to 2017. During that timeframe, the ratio dropped from 434 to 173 maternal deaths per 100,000 live births. According to the 2017 BDHS, 12 percent of married women of reproductive age had unmet family planning needs. Weaknesses in the public health system, such as lack of trained providers and equipment in rural areas, resulted in inequitable access to information and services around the country.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution declares all citizens equal before the law with entitlement to equal protection under the law. It also explicitly recognizes the equal rights of women to those of men “in all spheres of the state and of public life.” According to human rights NGOs, the government did not always enforce the constitution or the laws pertaining to gender equality effectively. Women do not enjoy the same legal status and rights as men in family, property, and inheritance law. Under traditional Islamic inheritance law, daughters inherit only half of what sons do. Under Hindu inheritance law, a widow’s rights to her deceased husband’s property are limited to her lifetime and revert to the male heirs upon her death. In September the High Court issued a ruling stating Hindu widows in the country were entitled to all properties of their deceased husbands–including agricultural property. Previously Hindu women were entitled only to their husband’s homestead properties.

Birth Registration: Individuals are born citizens if their parents were Bangladeshi citizens, if the nationality of the parents is unknown and the child is born in Bangladeshi territory, or if their fathers or grandfathers were born in the territories now part of the country. The government currently does not register births for Rohingya refugees born in Cox’s Bazar. If a person qualifies for citizenship through ancestry, the father or grandfather must have been a permanent resident of these territories in or after 1971. Birth registration is required to obtain a national identity card or passport.

Education: Education is free and compulsory through eighth grade by law, and the government offered subsidies to parents to keep girls in class through 10th grade. Teacher fees, books, and uniforms remained prohibitively costly for many families, despite free classes, and the government distributed hundreds of millions of free textbooks to increase access to education. Enrollments in primary schools showed gender parity, but completion rates fell in secondary school, with more boys than girls completing that level. Early and forced marriage was a factor in girls’ attrition from secondary school. Educational institutions closed in mid-March due to the pandemic and the government extended these closures until October, moving to a fully online curriculum. Numerous civil society organizations said many families of school-aged children struggled to find access to the internet in order to benefit from online schooling.

Child Abuse: Many forms of child abuse, including sexual abuse, physical and humiliating punishment, child abandonment, kidnapping, and trafficking, continued to be serious and widespread. Children were vulnerable to abuse in all settings: home, community, school, residential institutions, and the workplace. The law prohibits child abuse and neglect with a penalty of up to five years, a fine, or both. According to Bangladesh Shishu Adhikar Forum (BSAF), the law was not fully implemented, and juvenile cases–like many other criminal cases–often lagged in the judicial system. The Department of Social Services, under the Ministry of Social Welfare, operated “Child Helpline–1098,” a free telephone service designed to help children facing violence, abuse, and exploitation. The hotline received approximately 80,000 calls a year on average and was accessible from anywhere in the country. The hotline center provided services such as rescue, referral, and counseling.

In 2019 the BSAF published a report on child rape, stating children as young as two were among the rape victims and cited a failure of the law and order situation in the country as reason for the increase in child rape. In September the domestic organization Human Rights Support Society found that in the first six months of the year, more than half the number of reported rapes were of children under the age of 16.

During the year former students detailed multiple allegations of sex abuse at the hands of teachers and older pupils in Islamic madrassahs. In September a father of a nine-year-old girl in Cox’s Bazar accused his daughter’s teacher of raping her inside a local madrassa. Many smaller schools had few teachers and no oversight from governing bodies.

Despite advances, including establishing a monitoring agency in the Ministry of Home Affairs, trafficking of children and inadequate care and protection for survivors of trafficking continued to be problems. Child labor and abuse at the workplace remained problems in certain industries, mostly in the informal sector, and child domestic workers were vulnerable to all forms of abuse at their informal workplaces.

Child, Early, and Forced Marriage: The legal age of marriage is 18 for women and 21 for men. The law includes a provision for marriages of women and men at any age in “special circumstances.” The government did not implement the recommendations raised by child rights organizations, human rights organizations, and development partners concerning this provision.

In October, UNICEF reported 51 percent of women married before reaching 18, a decrease from its 2018 report where the organization estimated the figure at 59 percent.

In an effort to reduce early and forced marriages, the government offered stipends for girls’ school expenses beyond the compulsory fifth-grade level. The government and NGOs conducted workshops and public events to teach parents the importance of their daughters waiting until age 18 before marrying. Numerous civil society organizations drew correlations between the extended school closures due to the pandemic and an increased risk of school drop-outs and child marriage.

Sexual Exploitation of Children: The penalty for sexual exploitation of children is 10 years’ to life imprisonment. Child pornography and selling or distributing such material is prohibited. In 2019 the NGO Terre des Hommes-Netherlands released a report stating street children were the most vulnerable to sexual exploitation but had little legal redress due to a lack of social and financial support and a lengthy criminal justice system. The report said although the government took “necessary legal and institutional measures to combat commercial sexual exploitation, children face multiple challenges in accessing justice.” The report found 75 percent of female children living on Dhaka streets were at risk of sexual exploitation. Underage girls working in brothels were able to produce notarized certificates stating they were older than age 18, and some NGOs claimed corrupt government and law enforcement officials condoned or facilitated these practices. Traffickers lured girls from all over the country into commercial sexual exploitation in legal and illegal brothels and private hotels.

Displaced Children: See section 2.d.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no Jewish community in the country. Politicians and imams reportedly used anti-Semitic statements to gain support from their constituencies.

See the State Department’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law provides for equal treatment and freedom from discrimination for persons with disabilities, and the government took measures to enforce these provisions more effectively. NGOs reported the government took cases of violence based on discrimination against disabled persons seriously, and official action was taken to investigate and punish those responsible for violence and abuses against those with disabilities. Nonetheless, a May academic study found 2.2 million criminal cases against persons with disabilities pending. The study determined that persons with disabilities were “the most vulnerable among the vulnerable.”

Although the law requires physical structures be made accessible to those with disabilities, the government did not implement the law effectively. For example, government buildings had no accommodations for disabled individuals. The law calls for the establishment of local committees to expedite implementation of the law, but most committees had not been activated. In many cases local authorities were not aware of their responsibilities under this law.

The law requires persons with disabilities to register for identity cards to track their enrollment in educational institutions and access to jobs. This registration allows them to be included in voter lists, to cast votes, and to participate in elections. It states no person, organization, authority, or corporation shall discriminate against persons with disabilities and allows for fines or three years’ imprisonment for giving unequal treatment for school, work, or inheritance based on disability, although implementation of the law was uneven. A 27-member National Coordination Committee is charged with coordinating relevant activities among all government organizations and private bodies to fulfill the objectives of the law. Implementation of the law was slow, delaying the formation and functioning of Disability Rights and Protection Committees required by the legislation.

According to the NGO Action against Disability, some children with disabilities did not attend public school due to lack of special accommodation, but data was not readily available. The government trained teachers on inclusive education and recruited disability specialists at the district level. The government also allocated stipends for students with disabilities. A peer-reviewed study released in July found many families with children with disabilities lacked knowledge and access to government programs and benefits. Many organizations reported visually disabled persons experienced difficulties accessing technology, depriving them of equal access to education, information, health, and other basic human rights.

The law affords persons with disabilities the same access to information rights as nondisabled persons, but family and community dynamics often influenced whether these rights were exercised.

The law identifies persons with disabilities as a priority group for government-sponsored legal services. The Ministry of Social Welfare, Department of Social Services, and National Foundation for the Development of the Disabled are the government agencies responsible for protecting the rights of persons with disabilities.

The government took official action to investigate those responsible for violence and abuses against persons with disabilities.

Government facilities for treating persons with mental disabilities were inadequate. The Ministry of Health established child development centers in all public medical colleges to assess neurological disabilities. Several private initiatives existed for medical and vocational rehabilitation as well as for employment of persons with disabilities. National and international NGOs provided services and advocated for persons with disabilities. The government operates 103 disability information and service centers in all 64 districts, where local authorities provided free rehabilitation services and assistive devices. The government also promoted autism research and awareness. The government inaugurated an electronic system to disburse social welfare payments, including disability allowances.

Government inaction limited the rights of persons with disabilities to participate in civic life, including accessibility during elections.

There were no major attacks on religious minorities motivated by transnational violent extremism. There were, however, reports of attacks on Hindu and Buddhist property and temples for economic and political reasons, and some of these faith groups said attacks on religious structures increased during the pandemic.

NGOs reported national origin, racial, and ethnic minorities faced discrimination. For example, some Dalits (lowest-caste Hindus) suffered from restricted access to land, adequate housing, education, and employment.

The estimated 300,000 Urdu-speaking population (known as Biharis, originally Urdu-speaking Muslims who migrated to then-East Pakistan before the Bangladesh Liberation War) were formerly stateless, but members from this community said their requests to obtain passports were rejected by immigration officers due to their address. The overwhelming majority of this population still resided in refugee-like camps established by the International Community of the Red Cross in the 1970s, when many believed they would return to Pakistan following the 1971 war.

The CHT indigenous community experienced widespread discrimination and abuse despite nationwide government quotas for participation of indigenous CHT residents in the civil service and higher education. These conditions also persisted despite provisions for local governance in the 1997 CHT Peace Accord, which has not been fully implemented–specifically the portions of the accord empowering a CHT-specific special administrative system composed of the three Hill District Councils and the Regional Council. Indigenous persons from the CHT were unable to participate effectively in decisions affecting their lands due to disagreements regarding land dispute resolution procedures under the Land Commission Act.

In April during the early onset of the COVID-19 pandemic, multiple NGOs reported severe food insecurity owing to the abrupt job loss by indigenous persons outside CHT. Since many indigenous persons most in need of assistance lived in remote areas difficult to access by vehicles, many indigenous communities reported receiving no government assistance. In October a group of indigenous tribal leaders presented a memorandum to the government stating a significant portion of the food security needs of marginalized communities in CHT remained unmet.

In addition to food insecurity, an August study found land confiscations, livelihood risks, and violence against indigenous women increased during the coronavirus pandemic. While the country had a 20 percent poverty rate, poverty in the plains where some indigenous persons lived was over 80 percent and over 65 percent in CHT. The study also found a lack of health care for indigenous persons. Other organizations corroborated health care available to indigenous persons was well below the standard available to nonindigenous persons in the country.

Indigenous communities in areas other than the CHT reported the loss of land to Bengali Muslims, and indigenous peoples’ advocacy groups reported deforestation to support Rohingya refugee camps and other commercial pursuits caused severe environmental degradation in their land, adversely affecting their livelihoods. The government continued construction projects on land traditionally owned by indigenous communities in the Moulvibazar and Modhupur forest areas. In September an indigenous persons organization reported Bengali settlers destroying indigenous land in Bandarban district in order to construct brick kilns. According to the organization, the environmental degradation put the locals’ health at risk.

The central government retained authority over land use. The land commission, designed to investigate and return all illegally acquired land, did not resolve any disputes during the year. According to one organization, Naika Mardi, an indigenous person and Liberation War fighter, was unable to register 0.04 acres of land to his name, even after trying for 10 years. Madi had been living on this land since before independence in 1971.

The Chakma and Marma indigenous communities, organized under different political groups, engaged in intraindigenous community violence. The factional clashes between and within the United Peoples’ Democratic Forum (UPDF) and the Parbatya Chattagram Jana Samhati Samiti resulted mostly from the desire to establish supremacy in particular geographic areas. Media reported many leaders of these factions were engaged in extortion and smuggling of money, drugs, and arms. Meanwhile, the deaths and violence remained unresolved. During the year NGOs and indigenous persons themselves warned intraparty violence in CHT had sharply risen.

In 2019 UPDF leader and indigenous rights activist Michael Chakma disappeared after he left his house for an organizational event. Human rights groups and activists pressed the government to investigate his disappearance and claimed Chakma’s criticisms of government activities played a direct factor in his disappearance. Despite a May 2019 High Court order to the Ministry of Home Affairs Secretary for a report on Chakma’s disappearance, no investigation had begun at year’s end. Police said only that they could not find anyone named “Michael Chakma” in the country. Many observers compared this case with the 1996 disappearance of Kalpana Chakma, another indigenous rights activist and dissident. Despite 39 officers investigating the 1996 case, police in 2018 said they found only “initial proof” of her abduction, while admitting an overall failure to identify the culprit, and concluded the chances of recovering Kalpana Chakma remained unlikely.

Reports of sexual assaults on indigenous women and children by Bengali neighbors or security personnel remain unresolved. In September an organization reported two military personnel raped a ninth-grade indigenous girl from the Kulaura Cameli Duncan Foundation School.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Members of LGBTI communities received threatening messages via telephone, text, and social media, and some were harassed by police.

The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. LGBTI groups reported official discrimination in employment and occupation, housing, and access to government services.

Organizations specifically assisting lesbians continued to be rare. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject.

The government took positive steps to increase LGBTI inclusion. On September 16, the Director General of the Bangladesh Bureau of Statistics announced the 2021 national census would include hijra as a “third gender” category.

HIV and AIDS Social Stigma

Social stigma against HIV and AIDS and against higher-risk populations could be a barrier for accessing health services, especially for the transgender community and men who have sex with men.

Vigilante killings occurred, but fell from the high totals in 2019 when human rights groups reported 54 individuals lynched, 44 in July 2019 alone. In September police charged 15 suspects with the killing of housewife Taslima Begum, who was publicly lynched in July 2019 after a mob wrongly suspected her of child abduction. Begum and her four-year-old daughter were en route to a government primary school to inquire regarding admitting her girl to school when she was killed. The issuance of illegal fatwas and village arbitration, which a prominent local NGO defined as rulings given by community leaders rather than religious scholars, also occurred.

Rape and Domestic Violence: The penal code makes no reference to gender in its definition of rape. In cases of rape involving minors, sentences range from five to 15 years in prison. In extreme cases a person convicted of rape may be imprisoned for life. Spousal rape is illegal and prosecuted as a misdemeanor. In January the NCWC published the Standard Operating Procedure for Gender Based Violence Prevention and Response, which lays out policies and procedures related to gender based violence and the roles and responsibilities of the government and civil society in combating it. The OAG stated in its 2018 Annual Report that there were 22 sexual offenses committed against women during the year, including eight cases of rape. A 2017 NCWC report found that more than two in five women experienced at least one form of sexual, physical, psychological, or economic violence.

The law prohibits domestic violence and penalties for perpetrators include a fine and a prison sentence of one month to three years with longer sentences for repeat offenders. Three police stations housed women and child protection units to address crimes involving women and children, and 11 police stations housed desks with officers specifically devoted to women and children’s issues, an increase from the previous year. The government operated a dedicated toll-free helpline to report violence against women and children. The government trained police on gender issues, and allowed civil society groups to undertake further efforts, including operation of a crisis and rehabilitation center. Freedom House reported that cultural taboos resulted in the underreporting of domestic violence, although reports have increased in recent years. Between January and April, there were 97 reported cases of domestic violence, an increase of 22 compared to last year. The increase in cases was reported to be associated with the onset of the COVID-19 pandemic.

Sexual Harassment: The law has specific provisions to address sexual harassment in the workplace. NGOs reported these provisions were generally enforced. According to UNICEF the Royal Civil Service Commission operated the Civil Service Support Desk under the Well Being Services for sexual harassment in civil service. The commission has designated points of contact to respond and provide assistance to civil servants who face sexual harassment in the workplace. The NCWC has developed an internal framework to address gender issues in the workplace, including preventing and responding to sexual harassment. Some 29 government agencies and local governments have adopted the framework. The NCWC and Royal Civil Service Commission have also conducted awareness programs on sexual harassment and related legislations.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and had access to the information and means to do so, free from discrimination, coercion, or violence. Access to contraception is legal and available.

A lack of awareness of comprehensive sexual and reproductive health contributed to a limited amount of unplanned early pregnancies, post-pregnancy complications, child abandonment, and financial instability. In 2019 the World Health Organization estimated the adolescent birth rate was 18 per 100,000 women. The World Bank reported that equity and access to medical care for pregnant women was a challenge because of difficult terrain, leading to disparities in access to skilled birth attendants linked to geography and wealth.

The National Commission for Women and Children and a government funded NGO provided shelter, and medical and counseling services to women and girls who are victims of violence, including sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for equality before the law, and no person shall be discriminated against based on race, sex, language, religion, or politics. In some areas, however, traditional inheritance practices stipulate inheritance is matrilineal and that daughters inherit family land.

The law mandates the government take appropriate measures to eliminate all forms of discrimination and exploitation of women and girls, including trafficking, abuse, violence, harassment, and intimidation, at work and at home. The government generally enforced this law.

Birth Registration: Under the constitution, a person can acquire citizenship by birth, by registration or by naturalization. Birth registration is administered by the Department of Census and Civil Registration and upon registration, citizenship is granted. Only children whose parents are both citizens acquire citizenship by birth.

Education: The government provides 11 years of universal free education to children, although education is not compulsory. Gender parity at the primary level has been achieved.

Child Abuse: The law prohibits child abuse and provides for a range of penalties depending on the type of abuse. The OAG stated in its 2018 Annual Report 61 sexual offenses were committed against children during that year, including 38 cases of rape and 17 cases of child molestation. The case of Ugyen Wangchuk, a vice principal of a charity school in Bjimena, continued. After being convicted in 2018 of eight child molestation charges and one attempted rape charge, he was sentenced to 10 years in prison. The OAG appealed to the High Court in January 2019, arguing that the sentence should be 27 years of imprisonment.

Child, Early, and Forced Marriage: The statutory minimum age of marriage for men is 18 and for women is 16. A legacy of child marriage persists, with UNICEF’s most recent data reflecting a child marriage rate of 6.2 percent of the population married by age 15 and 25.8 percent married by age 18.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, including child pornography, child prostitution, and the sale of children. Authorities generally enforced the law. The legal age of consent is 16 for both boys and girls.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The country does not have a Jewish population, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution specifically protects the rights of citizens with disabilities. Nonetheless, there are widespread social stigmas and stereotyping of persons with disabilities. The law directs the government to attend to the security of all citizens in the “event of sickness and disability.” The law requires that new buildings allow access for persons with disabilities, but the government did not enforce this legislation consistently. There were reports hospitals were generally accessible to persons with disabilities, but residential and office buildings were not.

The government’s National Policy on Persons Living with Disability in Bhutan takes a multisectoral approach to addressing disabilities. A few civil society organizations advocate for the rights and welfare of persons with disabilities. There is no full-fledged disabled persons’ organization.

Reports suggested that some Nepali-speaking citizens could not obtain security clearances, which are required to obtain a passport, secure government jobs, enroll in higher education, and obtain licenses to run private businesses, though the government claimed they were proportionally represented in civil service and government jobs. In its Freedom in the World 2020 report, Freedom House stated some ethnic Nepalis who lacked a security clearance certificate sometimes faced difficulties in starting a business. The property registration process could also be lengthy for some. The government did not permit the operation of NGOs working on the status of ethnic Nepali issues, and ethnic Nepalis sometimes faced employment discrimination. Nepali-speaking citizens successfully ran for elected office and were appointed as cabinet ministers.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution provides for equal protection of the laws and application of rights but does not explicitly protect individuals from discrimination based on their sexual orientation, gender identity or expression, or sex characteristics. On December 10, the parliament amended the law against “unnatural sex” to state that “Homosexuality between adults shall not be considered unnatural sex.”

Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported instances of discrimination and social stigma based on sexual orientation.

The law does not provide any distinct legal status for transgender individuals, nor does it provide explicit protections.

HIV and AIDS Social Stigma

While NGOs claimed persons with HIV or AIDS faced no widespread stigma, observers noted such persons feared being open about their condition.

The government provided free medical and counseling services to persons with HIV or AIDS and maintained programs meant to prevent discrimination.

Rape and Domestic Violence: The maximum penalty for rape, regardless of gender, including spousal rape, is 15 years in prison. The failure of police to treat spousal rape as a serious offense inhibited the effective enforcement of the law. Women victims of rape did not have regular access to free social support or assistance and continued to confront prejudice and discrimination in their communities and from representatives of public institutions.

While laws in both the Federation and the RS empower authorities to remove the perpetrator from the home, officials rarely, if ever, made use of these provisions.

NGOs reported that authorities often returned offenders to their family homes less than 24 hours after a violent event, often reportedly out of a concern over where the perpetrator would live. In the Federation, authorities prosecuted domestic violence as a felony, while in the RS it can be reported as a felony or a misdemeanor. Even when domestic violence resulted in prosecution and conviction, offenders were regularly fined or given suspended sentences, even for repeat offenders.

Domestic violence was recognized as one of the most important problems involving gender equality. NGOs reported that one of every two women experienced some type of domestic violence and that the problem was underreported because the majority of victims did not trust the support system (police, social welfare centers, or the judiciary).

During the COVID-19 pandemic, especially during the period of lockdown in April, NGOs reported an increased number of cases of domestic violence. For example, 140 cases were reported to the RS domestic violence hotline, which was 30 percent higher than in the same period of 2019. In the Federation, one of the safe houses in Sarajevo received three times more calls in April than in March. For the first three months of the year, 259 cases of domestic violence were reported to RS police, while 50 cases were reported in the Federation.

The country had a gender action plan for 2018-22. In 2019 the Council of Ministers established a steering board for coordination and monitoring of implementation of the plan. In accordance with the action plan, in September 2019 the RS passed the Law on Changes and Amendments to the Law on Protection from Domestic Violence. The new law better regulates assistance to victims and provides that domestic violence be considered a criminal act rather than a misdemeanor for which the penalty in most cases was a fine.

The country lacked a system for collecting data on domestic violence cases. The state-level Gender Equality Agency worked to establish a local-level mechanism to coordinate support for victims. In 2019 the agency performed an analysis of the data collection system on domestic violence cases that were processed by judiciary and sent its recommendations for improving the system to the High Judicial and Prosecutorial Council. It also continued developing a computerized data collection system on domestic violence in the Federation. The agency had a memorandum of understanding with the country’s eight NGO-run safe houses (five in the Federation and three in the RS), which could collectively accommodate up to 200 victims, or less than half the capacity needed. In the RS, 70 percent of financing for safe houses came from the RS budget while 30 percent came from the budgets of local communities. While the RS government and local communities generally met their funding obligations, the Federation lacks laws to regulate the financing of the safe houses, and payments depended on each canton or local community, some of which often failed to honor their obligations.

Although police received specialized training in handling cases of domestic violence, NGOs reported widespread reluctance among officers in both entities to break up families by arresting offenders.

The network of institutional mechanisms for gender equality of the parliaments comprised the Gender Equality Commission of the BiH Parliamentary Assembly, the Gender Equality Commissions of the Federation House of Peoples and the House of Representatives, the Equal Opportunities Committee of the RS National Assembly, and the Commission for Gender Issues of the Brcko District Assembly. Gender equality commissions also were established at the cantonal level; at the local level, respective commissions operated within municipal councils.

Sexual Harassment: Combatting violence against women and domestic violence is mainly the responsibility of the entities. BiH law defines and prohibits gender-based harassment, including sexual harassment, as a form of discrimination.

NGOs reported that sexual harassment was a serious problem but that women rarely reported it due to the expectation they would not receive systematic support from law enforcement institutions and that the perpetrators would go unpunished or receive light punishment, as evident by years of such practices by judicial authorities.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health, but access to the information and means to do so was not uniform. There was no comprehensive sexual education program, and education, including on reproductive health and related topics, was not standardized through the country. Members of minorities, in particular Romani women, experienced disparities in access to health-care information and services, including for reproductive health. Many Romani women were not enrolled in the public insurance system due to local legal requirements, poverty, and social marginalization, which prevented them from accessing health care. Both BiH entities (FBiH and Republika Srpska) as well as Brcko District have laws that provide for survivors of sexual violence to access sexual and reproductive health services.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for the same legal status and rights for women as for men, and authorities generally treated women equally. The law does not explicitly require equal pay for equal work, but it forbids gender discrimination. Women and men generally received equal pay for equal work at government-owned enterprises but not at all private businesses. As evaluated by the Gender Equality Agency in the 2018-22 Gender Action Plan, women in the country faced multiple obstacles in the labor market, such as longer waiting periods for their first jobs, long employment disruptions due to maternity leave or elder care, and the inability of middle-aged women to successfully re-enter the labor market due to market shifts and discontinuation of some types of work.

Both Federation and RS labor laws stipulate that an employer must not terminate a woman’s employment contract while she exercises her right to: be pregnant; use maternity leave; work half time after the expiration of maternity leave; work half time until a dependent child is three years of age if the child requires enhanced care according to the findings of a competent health institution; and use leave for breastfeeding. While the law provides for these rights, its implementation was inconsistent. In practice, women were often unable to use maternity leave for the period of one year as provided by law, return to their work position after maternity leave, or take advantage of the right to work half time. Employers continued to terminate pregnant women and new mothers despite the existence of legal protections. The level of social compensation during maternity leave was regulated unequally in different parts of the country. The RS government paid 405 convertible marks ($250) maternity allowance monthly to unemployed new mothers for a period of one year or for a period of 18 months in cases of twins and following the birth of every third and subsequent child. Employed mothers were entitled to one year of paid maternity leave. Women remained underrepresented in law enforcement agencies.

Gender-biased Sex Selection: The boy-to-girl birth ratio for the country was 107.5 boys per 100 girls in 2019. There were no reports the government took steps to address the imbalance.

Birth Registration: By law a child born to at least one citizen parent is a citizen regardless of the child’s place of birth. A child born in the territory of the country to parents who were unknown or stateless is entitled to citizenship. Parents generally registered their children immediately after they were born, but there were exceptions, particularly in the Romani community. The NGO Vasa Prava identified 75 unregistered children in the country, mainly Roma. UNHCR, with the legal assistance of a domestic NGO, registered the births of children whose parents failed to register them.

Education: Education was free through the secondary level but compulsory only for children between the ages of six and 15. Students with disabilities continued to struggle for access to a quality, inclusive education due to physical barriers in schools; the lack of accommodation for children with audio, visual, or mental disabilities; the absence of in-school assistants and trained teachers. While some children with disabilities attended regular school, others were enrolled in special schools for children with disabilities. Children with severe disabilities, however, were not included in the education process at all and depended entirely on their parents or NGOs for education. Both the Federation and the RS had strategies for improving the rights of persons with disabilities that included children. Due to the COVID-19 pandemic, schools were closed on March 11 and online education was instituted. There were no provisions for assistance to students with disabilities who needed additional support to continue their education, which further exacerbated the problem.

The legal battle continued for Slavko Mrsevic, a teenager with Asperger’s syndrome from Rudo, whose exclusion from high school by the RS Ministry of Education because of complications related to his condition led to a lawsuit. In March 2019 the Visegrad Basic Court ruled that the RS Ministry of Education and Culture and the Rudo Secondary School violated Mrsevic’s right to equal treatment in education. In September 2019 the basic court in East Sarajevo rejected appeals filed by the ministry and the school as unfounded and confirmed the decision of the municipal court in Visegrad. A case was also underway against the school director and some teachers. The case highlighted the wider and deeper issue of exclusion of students with disabilities, who faced numerous human rights problems in education systems in all parts of the country. Parents of students with disabilities continued to request that their children be granted access to quality education and a chance to develop their full potential within the country’s education system.

More than 50 schools across the Federation remained segregated by ethnicity and religion. Although a “two schools under one roof” system was instituted following the 1992-95 conflict as a way to bring together returnee communities violently separated by conflict, the system calcified under the divisive and prejudicial administration of leading political parties. These parties controlled schools through the country’s 13 ministries of education and often enforced education policies based upon patronage and ethnic exclusion. Where students, parents, and teachers choose to resist segregation, they were frequently met with political indifference and sometimes intimidation, which hurt the quality of education children received further. Funds were spent on perpetuating the “two schools under one roof” system rather than on improving school infrastructure, training teachers, improving teaching materials, or conducting extracurricular activities. The situation compounded inefficiencies in the country’s education system, as evidenced by poor performance by 15-year-old students who participated in the 2018 international Program of International Student Assessment study implemented by the Organization for Economic Cooperation and Development (OECD). The results of the study showed that the country’s students were three years behind in schooling compared to the OECD average and that more than 50 percent of students did not possess functional knowledge in language, mathematics, and science. Results for disadvantaged students showed that they lagged five years behind the OECD average.

Returnee students (those belonging to a different ethnic group returning to their homes after being displaced by the war) continued to face barriers in exercising their language rights. For the seventh consecutive year, parents of Bosniak children in returnee communities throughout the RS continued to boycott public schools in favor of sending their children to alternative schooling financed and organized by the Federation Ministry of Education with support from the governments of the Sarajevo and Zenica-Doboj Cantons and the Islamic community. The boycott was based on the refusal of the RS Ministry of Education and Culture to approve a group of national subjects (specific courses to which Bosniak, Serb, and Croat students are entitled and taught in their constituent language according to their ethnicity). Parents of children in one of these schools in Vrbanjci, Kotor Varos, won a court case in December 2019 when the RS Supreme Court ruled that their children are entitled to instruction on the national subjects in Bosnian. The ministry failed to implement the decision by September. As a result, 60 children continued learning in the Hanifici Islamic Center building, where teachers traveled from the Zenica-Doboj Canton. In June lawyers representing Bosniak parents filed a request for execution of the decision at the Kotor Varos basic court. As of year’s end, there had been no reply. Lawyers also reported that they tried to meet with RS ministry officials twice, without success.

In the Federation, Serb students likewise were denied language rights as provided in the Federation constitution, particularly in Glamoc elementary school in Canton 10, where authorities prevented the use of the Serbian language and textbooks, despite the significant number of returnee Serb students. Human rights activists noted that changes in the history curriculum and in history and other textbooks reinforced stereotypes of the country’s ethnic groups other than their own and that other materials missed opportunities to dispel stereotypes by excluding any mention of some ethnic groups, particularly Jews and Roma. State and entity officials generally did not act to prevent such discrimination. Human Rights Watch asserted that ethnic quotas used by the Federation and the RS to allocate civil service jobs disproportionately excluded Roma and other minorities. The quotas were based on the 1991 census, which undercounted these minorities and were never revised.

Child Abuse: Family violence against children was a problem. According to UNICEF, there was no recent data available on the overall level of violence against children in the country. While relevant institutions collect scattered data, there is no unified data collection system. Police investigated and prosecuted individual cases of child abuse. Only a small number of cases of violence against children were reported and, as a consequence, only a few cases were brought before courts. The country’s Agency for Gender Equality estimated that one in five families experienced domestic violence. In many cases, children were indirect victims of family violence. The Sarajevo Canton Social Welfare Center estimated that up to 700 children annually were indirect victims of domestic violence.

Municipal centers for social work are responsible for protecting children’s rights but lacked resources and the ability to provide housing for children who fled abuse or who required removal from abusive homes.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 but may be as young as 16 with parental consent. In certain Romani communities, girls married between the ages of 12 and 14, and Romani human right activists reported that early marriages were on the rise. Children’s rights and antitrafficking activists noted that prosecutors were reluctant to investigate and prosecute forced marriages involving Romani minors, attributing it to Romani custom. As part of the activities on the implementation of the Strategy to Combat Trafficking in Persons in the country for 2020-23, the Roma NGO Kali Sara was included in different programs on combatting trafficking, with special focus on the inclusion of Roma representatives in the work of antitrafficking regional coordination teams.

Sexual Exploitation of Children: The Federation, the RS, and the Brcko District have laws criminalizing sex trafficking, forced labor, and organized human trafficking. The state-level penalty for sexual exploitation of children is imprisonment for up to 20 years under certain aggravating circumstances. At the entity level, penalties range from three to 15 years’ imprisonment. Under entity criminal codes, the abuse of a child or juvenile for pornography is a crime that carries a sentence of one to five years in prison. Authorities generally enforced these laws. The law prohibits sexual acts with a person younger than 18.

Girls were subjected to commercial sexual exploitation, and there were reports that Romani girls as young as 12 were subject to early and forced marriage and domestic servitude. Children were used in the production of pornography.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community in the country reported that it had fewer than 1,000 members.

There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law in both entities and at the state level prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. Nevertheless, discrimination in these areas continued. The government lacked a uniform legal definition of disabilities, which complicated access to benefits for those that would readily qualify, and normally prioritized support for war veterans. The most frequent forms of discrimination against persons with disabilities included obstacles in realization of individual rights, delayed payments of disability allowances, employment, and social and health protection. Support to persons with disabilities was dependent on the origin of the disability. Persons whose disability was the result of the 1992-95 conflict, whether they are war veterans or civilian victims of war, have priority and greater allowances than other persons with disabilities.

The Federation has a strategy for the advancement of rights and status of persons with disabilities in the Federation for the period 2016-21, while the RS has a strategy for improving the social conditions of persons with disabilities in the RS for 2017-26. The strategies were developed in accordance with the provisions of the Convention on the Rights of Persons with Disabilities. Both strategies have a monitoring system implemented through the establishment of coordination bodies. In addition, in the Federation, coordination bodies were established at the cantonal level as well. In the Brcko District, the law provides expanded rights of persons with disabilities. Entity governments also provide funds within their budgets for the operation of vocational rehabilitation and retraining funds. Activities on the implementation of inclusive education continued in the education system.

The laws of both entities require increased accessibility to buildings for persons with disabilities, but authorities rarely enforced the requirement. Human rights NGOs complained that the construction of public buildings without access for persons with disabilities continued. Both entities have a strategy for advancing the rights of persons with disabilities in the areas of health, education, accessibility, professional rehabilitation and employment, social welfare, and culture and sports. NGOs complained that the government did not effectively implement laws and programs to help persons with disabilities.

The law provides for children with disabilities to attend regular classes when feasible. Due to a lack of financial and physical resources, schools often reported they were unable to accommodate them. Depending on the severity of their disability, children with disabilities either attended classes using regular curricula in regular schools or attended special schools. Parents of children with significant disabilities reported receiving limited to no financial support from the government, notwithstanding that many of them were unemployed because of the round-the-clock care required for their dependents.

Harassment and discrimination against members of minorities continued throughout the country, although not as frequently as in previous years. The Interreligious Council of BiH reported, for example, that the number of attacks against religious buildings continued to decrease, as they recorded only 10 cases during 2019. Members of minority groups also continued to experience discrimination in employment and education in both the government and private sectors. While the law prohibits discrimination, human rights activists frequently complained that authorities did not adequately enforce the law. For example, in 2019, 130 hate crimes were recorded in the country, but only one resulted in convictions.

On January 18, unknown perpetrators broke into a facility within the Catholic cemetery Veresika in Tuzla’s Tetima settlement, broke the door of the facility, stole some items, and destroyed the rest. Just days later, on January 22, unknown perpetrators destroyed candleholders, vases, statues, and other items that were placed on graves and desecrated some graves. As of September authorities had not identified the perpetrators. The local chapter of the Interreligious Council strongly condemned the attacks.

Violence and acts of intimidation against ethnic minorities at times focused on symbols and buildings of that minority’s predominant religion. For more information, see the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

Roma, and especially Romani women, continued to be the most vulnerable and experience the most discrimination of any group in the country. They experienced discrimination in access to housing, health care, education, and employment opportunities; nearly 95 percent remained unemployed. A significant percentage of Roma were homeless or without water or electricity in their homes. Many dwellings were overcrowded, and residents lacked proof of property ownership. Approximately three-fourths lived in openly segregated neighborhoods.

In the 2013 census, 12,583 persons registered as Roma, a number that observers believed understated significantly the actual number of Roma in the country. Romani activists reported that a minimum of 40,000 Roma lived in the country, which was similar to Council of Europe estimates. Observers believed the discrepancy in the census figure was the result of numerous manipulations that occurred with the Roma census registration in 2013. Romani activists reported that in many instances, Roma were told by census takers that they had to register as Bosniaks, had their census forms filled out for them, or were simply bypassed altogether.

Authorities frequently discriminated against Roma, which contributed to their exclusion by society. Many human rights NGOs criticized law enforcement and government authorities for the failure and unwillingness to identify Roma as victims of domestic violence and human trafficking, even though the majority of registered trafficking victims in recent years were Roma. Consequently, many trafficking cases ended up as cases of family negligence, which are not criminally prosecuted.

The country has an established legal framework for the protection of minorities. State and entity-level parliaments had national minority councils that met on a regular basis but generally lacked resources and political influence on decision-making processes. The Roma Committee continued to operate as a consultative body to the Council of Ministers, but with very limited influence.

The country does not have a comprehensive strategy on national minorities. The Ministry of Human Rights and Refugees is in charge of implementing a law on national minorities, for which it annually allocates 150,000 convertible marks ($94,200). The country has a Council of National Minorities, an advisory body to the parliament that is composed of one representative from each recognized national minority group. The council played a marginal role, however, in influencing policies and decisions of the parliament. The country lacked human rights and antidiscrimination strategies, and the government does not have an effective system of collecting discrimination cases.

In July 2019 the BiH government joined other Balkan countries in jointly endorsing the Declaration of Western Balkans Partners on Roma Integration within the EU Enlargement Process. The government’s budget for implementation of projects for Roma was two million convertible marks ($1.3 million).

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While the law at the state level prohibits discrimination based on sexual orientation, authorities did not fully enforce it. Both entities and the Brcko District have laws that criminalize any form of hate crime committed on the basis of gender, sexual orientation, or gender identity.

Hate speech, discrimination, and violence against LGBTI individuals were widespread. The NGO Sarajevo Open Center (SOC) reported that transgender persons were the most vulnerable LGBTI group, as it is much harder for them to conceal their gender identity. According to research done by the center in 2017, an estimated two-thirds of transgender persons experienced some form of discrimination. In its 2020 Pink Report, the SOC reported that every third LGBTI person in the country experienced some type of discrimination. The SOC believed the actual number of LGBTI persons who experienced some type of discrimination was much higher but that people were afraid to report it.

In 2019 the SOC documented four discrimination cases, two of which involved workplace discrimination and two cases of unprofessional treatment by police when the victims came to report violence. None of the cases resulted in a lawsuit or a complaint against the institution. In the cases of workplace discrimination, one of the victims managed to resolve the case with the employer, while the other was afraid to initiate any legal actions. In one case the victim decided to leave the country due to loss of confidence in institutions. BiH courts had yet to issue a single final ruling on discrimination on the grounds of sexual orientation and gender identity.

During 2019 the SOC also documented 105 cases of hate speech and calling for violence and hatred and 16 cases of crimes and incidents motivated by sexual orientation and gender identity. Of the 16 cases, 12 took place in a public place or online, ranging from threats to violence and infliction of bodily injuries. The announcement of the first pride march, which took place in September 2019, resulted in the number of threats and violence in public places and online to increase threefold. The prosecution of assault and other crimes committed against LGBTI individuals remained delayed and generally inadequate.

In December 2019 the Sarajevo Canton government adopted its first Gender Action Plan for 2019-22 as a public document that contains a set of measures intended to improve gender equality in government institutions. The SOC was engaged in the creation of the plan, and 14 of 18 initiatives proposed by the center were included.

Organizers of the second pride march, which was supposed to take place in August, moved the event online due to the COVID-19 pandemic. They also organized a symbolic drive through the city in a convoy of vehicles flying rainbow flags, which was secured by police and conducted without incident.

Even before the pride march organizers decided to give up on holding a physical event, they faced numerous logistical problems, including government requirements to pay for excessive security measures (physical barriers on nine streets, ambulances, and fire trucks), which presented a significant financial burden. In addition, the Sarajevo Canton Ministry of Traffic rejected the organizers’ request to block traffic for five hours on a main Sarajevo street for the march. The ministry justified its denial by asserting that it would disturb citizen movement and result in loss of income to the public transportation company even though the ministry had approved similar permits for other organizations.

HIV and AIDS Social Stigma

The country has registered approximately 400 persons with HIV or AIDS, with 20 to 25 new cases reported annually. It was believed, however, that the actual number of cases was higher and that due to stigma and discrimination, many persons avoided testing. Social stigma and employment discrimination against persons with HIV or AIDS remained among members of the public as well as health workers. Due to a lack of understanding of the disease and its subsequent stigmatization among the general population, many persons with HIV or AIDS feared revealing their illness, even to closes family members. The country had no permanent or organized programs of psychosocial support for these persons.

Societal discrimination and occasional violence against ethnic minorities at times took the form of attacks on places symbolic of those minorities, including religious buildings. According to the Interreligious Council, an NGO that promotes dialogue among the four “traditional” religious communities (Muslim, Serbian Orthodox, Roman Catholic, and Jewish), attacks against religious symbols, clerics, and property continued in 2019. During the year the council registered 10 reported acts of vandalism against religious sites and one case of verbal abuse against an Orthodox priest but stated the actual number of incidents was likely much higher.

Promotion of Acts of Discrimination

There were widespread instances of media coverage and public discourse designed to portray members of other ethnic groups in negative terms, usually in connection with the 1992-95 conflict. In 2018 the RS National Assembly voted to annul a 2004 report on the Srebrenica massacres that acknowledged Bosnian Serb forces executed thousands of Bosniaks. During the year the then chairman of the BiH Presidency, Milorad Dodik, senior officials in his political party (the Alliance of Independent Social Democrats), and other RS officials and leaders continued to repeatedly deny that Serb forces committed genocide in Srebrenica in 1995, despite the findings of multiple local and international courts. In February the RS government, following a proposal from the RS Academy of Science and Arts and various associations, appointed two international commissions to purportedly re-examine the war of the 1990s: a Srebrenica Commission to investigate the suffering of all persons in and around Srebrenica between 1992 and 1995 and a Sarajevo Commission to investigate the suffering of Serbs in Sarajevo during the war.

Rape and Domestic Violence: The law criminalizes rape but does not recognize spousal rape as a crime. Authorities effectively enforced laws against rape when victims pressed charges, although police noted victims often declined to press charges against perpetrators. In February 2019 the BPS Commissioner announced it would no longer allow the withdrawal of gender-based violence (GBV) cases waiting to be heard by magistrate court. On October 13, President Masisi announced the BPS would establish standard operating procedures for dealing with GBV, including establishing dedicated units to handle GBV, establishing a special hotline for GBV victims, and requiring GBV victims to be interviewed in private spaces. By law the minimum sentence for conviction of rape is 10 years’ imprisonment, increasing to 15 years with corporal punishment if the offender was unaware of being HIV-positive and 20 years with corporal punishment if the offender was aware of being HIV-positive. By law formal courts try all rape cases. A person convicted of rape is required to undergo an HIV test before sentencing.

The law prohibits domestic and other violence, whether against women or men, but it remained a serious problem. Although statistics were unavailable, media widely reported on cases of violence against women, including several high-profile murder cases.

The government regularly referred victims of gender-based violence to a local NGO that ran shelters for women.

In April shelter operators and civil society groups reported a significant increase in victims of GBV at the start of the seven-week COVID-19 lockdown. The government made statements to discourage such violence but did not devote extra resources to address the issue or help shelters overwhelmed by the influx of victims.

Sexual Harassment: The law prohibits sexual harassment in both the private and public sectors. Sexual harassment committed by a public officer is considered misconduct and punishable by termination, potentially with forfeiture of all retirement benefits, suspension with loss of pay and benefits for up to three months, reduction in rank or pay, deferment or stoppage of a pay raise, or reprimand. Nonetheless, sexual harassment, particularly by men in positions of authority, including teachers, was widespread.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; and to manage their reproductive health. They had the information and means to do so, free from discrimination, coercion, and violence. A 2018 study of family planning found that 98 percent of women knew of at least one family-planning method. The major factors hindering greater contraceptive prevalence rates included a shortage of supplies, provider biases, inadequately skilled health-care workers, HIV status, culture, religion, and popularly accepted myths and misconceptions. Access to health care during pregnancy and childbirth was widespread, with 95 percent of the population living within an average of 5 miles from the nearest health facility.

The government provided access to sexual and reproductive health services for survivors of sexual violence, including postexposure prophylaxis, emergency contraceptives, counseling, treatment of injuries, and rapid HIV testing.

According to 2019 data, the maternal mortality ratio was 166 deaths per 100,000 live births. The leading causes of maternal mortality included postpartum hemorrhage, genital tract and pelvic infections following unsafe abortion, and ectopic pregnancy.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Under the constitution women and men have the same civil rights and legal status. Under customary law based on tribal practice, however, a number of traditional laws restricted women’s property rights and economic opportunities, particularly in rural areas. Women increasingly exercised the right to marriage “out of common property,” in which they retained their full legal rights as adults. Although labor law prohibits discrimination based on gender and the government generally enforced the law effectively, there is no legal requirement for women to receive equal pay for equal work.

Birth Registration: In general, citizenship is derived from one’s parents, although there are limited circumstances in which citizenship may be derived from birth within the country’s territory. The government generally registered births promptly. Unregistered children may be denied some government services, including enrollment in secondary schools and national exams.

Education: Primary education was tuition free for the first 10 years of school but is not compulsory. Parents must cover school fees as well as the cost of uniforms and books. These costs could be waived for children whose family income fell below a certain level.

Child Abuse: The law penalizes neglect and mistreatment of children. There was reportedly widespread abuse of children. The deputy opposition whip, Pono Moatlhodi, was charged with assault for allegedly setting a dog on a 12-year-old he suspected of stealing mangoes. Child abuse was reported to police in cases of physical harm to a child. Police referred the children and, depending on the level of abuse, their alleged abuser(s) to counseling in the Department of Social Services within the Ministry of Local Government and Rural Development as well as to local NGOs. Police referred some cases to the Attorney General’s Office for prosecution.

Child, Early, and Forced Marriage: Child marriage occurred infrequently and was largely limited to certain tribes. The government does not recognize marriages that occur when either party is younger than the minimum legal age of 18.

Sexual Exploitation of Children: The law prohibits the prostitution and sexual abuse of children. Conviction of sex with a child younger than 16, including a prostituted child, constitutes defilement and is punishable by a minimum of 10 years’ incarceration. In 2019 parliament amended the law, raising the age of consent from 16 to 18. The penalty for conviction of not reporting incidents of child sexual exploitation ranges from a substantial monetary fine to imprisonment for no less than two years but no greater than three years, or both. Perpetrators who engage in sexual exploitation of children are punished, if convicted, with a substantial monetary fine, imprisonment for no less than five years but no longer than 15 years, or both. The law further requires the government to develop programs to prevent the sexual exploitation of children. In May, Member of Parliament Polson Majaga was charged with defilement of a minor (statutory rape), and was subsequently suspended by the BDP from party activities but retained his seat in the legislature.

Child advocacy groups reported increases in sexual abuse of children during COVID-19 lockdowns. For example, UNICEF in April reported 23 cases of defilement and 22 rape cases during the first seven days of the national lockdown.

Child pornography is a criminal offense punishable by five to 15 years’ imprisonment.

Displaced Children: According to an international organization, 61,649 orphans and vulnerable children received government support between April and September 2018. Once registered as an orphan, a child receives school uniforms, shelter, a monthly food basket, and counseling as needed.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was a very small Jewish population, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at HYPERLINK “https://www.state.gov/trafficking-in-persons-report/”https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities. The government’s policy provides for integrating the needs of persons with disabilities into all aspects of policymaking. It mandates access to public buildings or transportation for persons with disabilities, but access for persons with disabilities was limited. Although government buildings were being constructed in such a way as to provide access for persons with disabilities, older government office buildings remained largely inaccessible. Most new privately owned commercial and apartment buildings provided access for persons with disabilities.

Violence against persons with disabilities was not common, and authorities punished those who committed violence or abuses against persons with disabilities.

Children with disabilities attended school, although human rights NGOs raised concerns the law does not stipulate accessible education for children with disabilities. In 2018 the UN special rapporteur on minority issues observed that most teachers were not trained in sign language or in teaching methods adapted to the educational needs of deaf persons. The special rapporteur also noted that the absence of sign language interpreters in the health-care sector inhibited the dissemination of information. The government made some accommodations during elections to allow for persons with disabilities to vote, including providing ballots in braille.

There is a Department of Disability Coordination in the Office of the President to assist persons with disabilities. The Department of Labor in the Ministry of Employment, Labor Productivity, and Skills Development is responsible for protecting the rights of persons with disabilities in the labor force and investigating claims of discrimination. Individuals may also submit cases directly to the Industrial Court. The government funded NGOs that provided rehabilitation services and supported small-scale projects for workers with disabilities.

The government does not recognize any particular group or tribe as indigenous. The eight tribes of the Tswana group, which speak mutually intelligible dialects of Setswana, have been politically dominant since independence, are officially recognized by law, and were granted permanent membership in the House of Chiefs. Constitutional amendments subsequently enabled the recognition of tribes from other groups.

English and Setswana are the only officially recognized languages, a policy human rights organizations and minority tribes criticized, particularly with regard to education, as the policy forced some children to learn in a nonnative language. In 2018 the UN special rapporteur on minority issues noted the lack of mother tongue education or incorporation of minority languages into the school curriculum may constitute discrimination and encouraged the government to review its language policy with regard to education.

An estimated 50,000 to 60,000 persons belong to one of the many scattered, diverse tribal groups known collectively as Basarwa or San. The Basarwa constituted approximately 3 percent of the population and are culturally and linguistically distinct from most other residents. The law prohibits discrimination against the Basarwa in employment, housing, health services, or because of cultural practices. The Basarwa, however, remained marginalized economically and politically and generally did not have access to their traditional land. The Basarwa continued to be geographically isolated, had limited access to education, lacked adequate political representation, and some members were not fully aware of their civil rights.

The government interpreted a 2006 High Court ruling against the exclusion of Basarwa from traditional lands in the Central Kalahari Game Reserve (CKGR) to apply only to the 189 plaintiffs, their spouses, and their minor children. Many of the Basarwa and their supporters continued to object to the government’s interpretation of the court’s ruling.

Government officials maintained the resettlement programs for Basarwa were voluntary and necessary to facilitate the delivery of public services, provide socioeconomic development opportunities to the Basarwa, and minimize human impact on wildlife. In 2012 the UN Permanent Forum on Indigenous Issues approved a set of nine draft recommendations addressing the impact of land seizures and disenfranchisement of indigenous persons. In 2013 attorneys for the Basarwa filed a High Court case in which the original complainants from the 2006 CKGR case appealed to the government for unrestricted access (i.e., without permits) to the CKGR for their children and relatives. There has been no ruling in the case to date.

No government programs directly address discrimination against the Basarwa. With the exception of CKGR lands designated in the 2006 court ruling, there were no demarcated cultural lands.

In previous years the government charged Basarwa with unlawful possession of hunted wildlife carcasses. Five Basarwa filed a lawsuit against the minister of environment, natural resource conservation, and tourism regarding the national hunting ban, implemented in 2014. In 2019 the government lifted the ban on wildlife hunting.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not explicitly criminalize lesbian, gay, bisexual, transgender, or intersex (LGBTI) status or conduct, but the penal code includes language that has been interpreted as criminalizing some aspects of same-sex sexual activity between consenting adults. Specifically it criminalizes “unnatural acts,” with a penalty if convicted of up to seven years’ imprisonment. There was widespread belief this was directed against LGBTI persons. In June 2019 the High Court found this language unconstitutional, thereby decriminalizing consensual same-sex sexual conduct in the country. The ruling party welcomed the decision. The government, however, has since appealed the judgment. Consideration of this matter by the Court of Appeals was delayed when the court system shut down for seven weeks as a consequence of the country’s COVID-19 response. A court date for the appeal had not been set as of November, and the existing laws on same-sex sexual activity remained in effect. Security forces generally do not enforce these laws.

There were no reports police targeted persons suspected of same-sex sexual activity. There were incidents of violence, societal harassment, and discrimination based on sexual orientation or gender identity. There were no reported cases of authorities investigating abuses against LGBTI persons, however. The victims of such incidents seldom filed police reports, primarily due to stigma but occasionally as a result of overt official intimidation.

In July a transgender woman was given a sentence of flogging by a traditional court after being convicted of violating public order for insulting another person. By traditional law women are excluded from flogging in the traditional courts due to modesty concerns over removing a blouse for canings. The transgender person was not afforded this exception but was able to avoid the punishment after a doctor deemed she was too ill for corporal punishment. She paid a fine instead.

Public meetings of LGBTI advocacy groups and debates on LGBTI matters occurred without disruption or interference. In 2016 the Court of Appeals upheld a 2014 High Court ruling ordering the government to register the NGO Lesbians, Gays, and Bisexuals of Botswana (LeGaBiBo) formally. LeGaBiBo has since participated in government-sponsored events.

HIV and AIDS Social Stigma

According to 2019 UNAIDS data, the HIV prevalence rate for adults, who were 15 to 49 years of age, was approximately 21 percent. According to the UN Population Fund, limited access to sexual and reproductive health information and youth-friendly services, as well as gender-based violence, contributed to high HIV rates. The government funded community organizations that ran antidiscrimination and public awareness programs.

Rape and Domestic Violence: Secular law stipulates imprisonment from eight to 30 years plus caning with a minimum of 12 strokes as punishment for rape. The SPC provides stoning to death as the maximum punishment for rape. The law does not criminalize rape against men or spousal rape and explicitly states that sexual intercourse by a man with his wife is not rape as long as she is not younger than 14 (15 if she is ethnic Chinese). There is no specific domestic violence law, but authorities arrested individuals in domestic violence cases under the law related to protection of women and girls. The criminal penalty under the law is one to two weeks in jail and a fine for a minor assault; an assault resulting in serious injury is punishable by caning and a longer prison sentence. Islamic family law provides protections against spousal abuse and for the granting of protection orders, and it has been interpreted to cover sexual assault. The penalty for violating a protection order is a significant fine, maximum imprisonment of six months, or both.

Police investigated domestic violence only in response to a report by a victim but reportedly did respond effectively in such cases.

The government reported rape cases, but there were no data available on the prevalence of the crime. All rape cases are tried under the secular civil law. However, if a rape case were to be tried under the Sharia Penal Code the high evidential standards may discourage reporting of the crime. A special police unit staffed by female officers investigated domestic abuse and child abuse complaints.

The Department of Community Development in the Ministry of Culture, Youth, and Sports provided counseling for women and their spouses. Some female and minor victims of domestic violence and rape were placed in protective custody at a government-sponsored shelter while waiting for their cases to be scheduled in court. Islamic courts staffed by male and female officials offered counseling to married couples in domestic violence cases. Islamic courts recognized assault as grounds for divorce.

Female Genital Mutilation/Cutting (FGM/C): No law criminalizes FGM/C for women of any age. There were no statistics on the prevalence of FGM/C, but international media and contacts reported that in general Type 4 FGM/C was done within 40 days of birth based on religious belief and custom and that the practice was widespread. Contacts also reported that the procedure was sometimes performed outside of a medical setting. The Ministry of Religious Affairs declared “circumcision” for Muslim girls (sunat) to be a religious rite obligatory in Islam and described it as the removal of the hood of the clitoris (Type I per World Health Organization classification).

Sexual Harassment: The law prohibits sexual harassment and states that whoever utters any word, makes any sound or gesture, or exhibits any object intending to insult the modesty of a woman shall be punished by up to three years in prison and a fine. The law also stipulates that whoever assaults or uses criminal force, intending thereby to outrage, or knowing the act is likely to outrage the modesty of a person, shall be punished by caning and a maximum imprisonment of five years. There were reports of sexual harassment, but there were no data available on the prevalence of the crime.

Reproductive Rights: Couples have the legal right to decide the number, spacing, and timing of their children, and they have access to the information and means to do so, free from discrimination, coercion, or violence. Social, cultural, and religious pressures may have affected some women’s access to contraception or health care for sexually transmitted infections. Unmarried Muslim women had difficulty obtaining contraception from government clinics, turning to private clinics or reproductive services abroad instead. Women seeking medical assistance for complications arising from illegal abortions were reported to police after being given care. The government provides access to health services for sexual violence survivors.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: In accordance with the government’s interpretation of the Quran, Muslim women and men are accorded different rights, particularly as codified in sharia law, applicable to Muslims. Secular civil law permits female citizens to own property and other assets, including business properties. Noncitizen husbands of citizens may not apply for permanent resident status until they reside in the country for a minimum of seven years, whereas noncitizen wives may do so after two years of marriage. Although citizenship is automatically inherited from citizen fathers, citizen mothers may pass their nationality to their children only through an application process in which children are first issued a certificate of identity (and considered stateless).

Birth Registration: Citizenship derives from the father, or, following an application process, the mother. Citizenship is not derived by birth within the country’s territory. Birth registration is universal and equal for girls and boys. Stateless parents must apply for a special pass for a child born in the country. Failure to register a birth is against the law and later makes it difficult to enroll the child in school.

Child Abuse: Child abuse is a crime and was prosecuted but did not appear prevalent. The Royal Brunei Police Force includes a specialized Woman and Child Abuse Crime Investigation Unit, and the Ministry of Culture, Youth, and Sports provided shelter and care to victims.

Child, Early, and Forced Marriage: The legal minimum age of marriage for both boys and girls is 14 years and seven months with parental and participant consent, unless otherwise stipulated by religion or custom under the law, which generally sets a higher minimum age. The Islamic Family Act sets the minimum marriageable age at 16 for Muslim girls and 18 for Muslim men and makes it an offense to use force, threat, or deception to compel a person to marry against his or her own will. Ethnic Chinese must be 15 or older to marry, according to the Chinese Marriage Act, which also stipulates sexual intercourse with an ethnic Chinese girl younger than 15 is considered rape even if with her spouse. Observers reported that, although permitted by the law, marriages involving minors were rare and generally prohibited by social custom.

Sexual Exploitation of Children: By law sexual intercourse with a girl younger than 14 (15 if ethnically Chinese) constitutes rape and is punishable by imprisonment of from eight to 30 years plus a minimum of 12 strokes of the cane. The law provides for protection of women, girls, and boys from commercial sexual exploitation through prostitution and “other immoral purposes,” including pornography. The government applied the law against “carnal intercourse against the order of nature” to prosecute rape of male children. The minimum age for consensual sex outside of marriage is 16.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no known Jewish community in the country. Comments disparaging Jewish persons collectively were occasionally posted online and on social media.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law does not prohibit discrimination against persons with disabilities or mandate accessibility or the provision of most public services to them. Access to buildings, information, transportation, and communications for persons with disabilities was inconsistent. The law does not specifically address access to the judiciary for persons with disabilities. All persons regardless of disability, however, receive the same rights and access to health care.

Although not required by law, the government provided inclusive educational services for children with disabilities who attended both government and religious schools alongside nondisabled peers. Persons with disabilities may participate in local village elections.

During the year the Department for Community Development continued its outreach programs promoting awareness of the needs of persons with disabilities.

By a decree from the sultan, all children with disabilities younger than age 15 are eligible to receive a monthly disability allowance of Brunei Dollars (BND) 450 ($330). Nine registered NGOs worked to supplement services provided by the three government agencies that supported persons with disabilities. The government introduced alternative methods of payment to ensure that persons with disabilities received disability allowance during the COVID-19 pandemic.

The government favors ethnic Malays in society through the national Malay Islamic Monarchy philosophy. Under the constitution, ministers and most top officials must be Malay Muslims, although the sultan may make exceptions. Members of the military must be Malay. The government pressured both public- and private-sector employers to increase hiring of Malay citizens. There were no known incidents of violence against members of ethnic minority groups, but the government continued policies that favored ethnic Malays in employment, health, housing, and land ownership.

Some indigenous persons were stateless. Indigenous lands were not specifically demarcated, and there were no specially designated representatives for indigenous groups in the Legislative Council or other government entities. Indigenous persons generally had minimal participation in decisions affecting their lands, cultures, and traditions and in the exploitation of energy, minerals, timber, or other natural resources on and under indigenous lands.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Secular law criminalizes “carnal intercourse against the order of nature,” understood to mean sex between men. In 2017 legal amendments increased the minimum prison sentence for such carnal intercourse to 20 years. The amendments were intended to apply in cases of rape or child abuse wherein both attacker and victim are male, because existing law covered only assault of a woman by a man. The SPC bans liwat (anal intercourse) between men or between a man and a woman who is not his wife, with a maximum penalty of death by stoning. The SPC also prohibits men from dressing as women or women dressing as men “without reasonable excuse” or “for immoral purposes.” Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported that the Ministry of Religious Affairs summoned transsexual individuals to their offices and demanded that they agree to maintain the gender listed on their birth certificate, although no threats of punishment were made in any of these reported cases.

At a private Pride gathering, members of the LGBTI community reported societal discrimination in public and private employment, housing, recreation, and in obtaining services including education from state entities. Members said the absence of online or in-person support injured their mental health but that they were reluctant to seek counseling at government health centers. Members of the LGBTI community reported the government monitored their activities and communications. Like all events in the country, events on LGBTI topics were subject to restrictions on assembly and expression. The LGBTI community reported that the government would not issue permits for community events or other occasions on LGBTI topics.

HIV and AIDS Social Stigma

HIV and HIV-related stigma continued and discrimination occurred. By law foreigners infected with HIV are not permitted to enter or stay in the country, although no medical testing is required for short-term tourists.

The Ministry of Health reported more than 70 persons were infected with HIV between 2018 and 2019, of whom 90 per cent were men. In response, on October 7, the Brunei Darussalam AIDS Council, a government-linked NGO, provided free HIV testing and anonymous counseling for all men, an initiative to encourage infected men to seek resources and assistance without fear of scrutiny over the cause or source of infection.

Rape and Domestic Violence: Gender-based violence was prevalent, including rape and domestic violence. According to the penal code, rape is punishable by a prison sentence of 11 to 20 years and a substantial monetary fine when committed against an adult or minor age 13 years or older. The penalty is 11 to 30 years in prison and even higher monetary fines when the victim is younger than 13. Rape was widely underreported in part due to societal taboos and the drawn-out judicial process owing to the overburdened justice system. Media, however, reported on the prevalence of rape cases and subsequent convictions.

In May, Oxfam reported more than one million women and girls in the country faced increased sexual violence, as well as hunger and water shortages, as a result of the conflict and further exacerbated by the COVID-19 pandemic (see sections 1.g. and 2.e.).

On August 12, a man was arrested for having raped and impregnated his 14-year-old daughter who was then repudiated by the family for acts of incest. She was transferred to a shelter for young girls in distress in Ouagadougou.

The Ministry of Women, National Solidarity, Family, and Humanitarian Affairs indicated in a July 8 communique that three girls ages three, five, and eight were raped in the Boucle du Mouhoun Region, and the three-year-old victim died. The communique also revealed that a 17-year-old IDP was seriously injured with a machete by her boyfriend. An investigation was underway into these attacks.

On March 30, a 16-year-old girl was reportedly raped on her hospital bed in the Tanghin-Dassouri Department by the son of a male patient housed in the same room as the victim.

Survivors of domestic violence seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice could provide no statistics on prosecutions, convictions, or punishment. A government-run shelter for survivors of gender-based violence housed women and girls regardless of nationality. In Ouagadougou the Ministry of Women, National Solidarity, Family, and Humanitarian Affairs assisted victims of domestic violence at four centers. The ministry sometimes provided counseling and housing for abused women.

The ministry has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. To raise awareness of gender discrimination and reduce gender inequalities, the ministry organized numerous workshops and several awareness campaigns mainly in the Nord, Sahel, Est, and Centre-Ouest Regions.

The law makes conviction of “abduction to impose marriage or union without consent” punishable by six months to five years in prison. Conviction of sexual abuse or torture or conviction of sexual slavery is punishable by two to five years in prison. Conviction of these crimes may also carry substantial monetary fines.

The law requires police to provide for protection of domestic violence survivors and their minor children and mandates the establishment of chambers in the High Court with exclusive jurisdiction over cases of violence against women and girls. The law requires all police and gendarmerie units to designate officers to assist women affected or threatened by gender-based violence and to respond to emergencies; however, some units had not complied by year’s end. It also mandates the creation of care and protection centers in each commune for gender-based violence survivors and a government support fund for their care. The centers receive survivors on an emergency basis, offer them security, provide support services (including medical and psychosocial support), and, when possible, refer them to court.

Female Genital Mutilation/Cutting (FGM/C): The practice of FGM/C is prohibited by law, and those found guilty are liable to a prison sentence of one to 10 years with a substantial monetary fine. If a victim of FGM/C dies following the excision, the sentence increases to a term of 11 to 20 years’ imprisonment and an even higher monetary fine. Accomplices are also punishable with penalties. While comprehensive statistics were not available, as of December 2019 the Ministry of Women, National Solidarity, Family, and Humanitarian Affairs had registered 185 FGM/C cases in the Sud-Ouest Region. Some arrests were reported.

Media reported some FGM/C cases. For example, in January, nine girls ages one to five were excised in the village of Tiomboni in Hounde, but no arrests were reported.

The government continued to fund and operate a toll-free number to receive anonymous reports of the practice. The government continued to fund the Permanent Secretariat of the National Council for the Fight against the Practice of Excision, which reported that as of August, 3,090 villages had agreed to cease practicing excision. The council strengthened the skills of regional coordinators of women’s associations in the fight against excision through training. The government also provided training to 2,500 health workers to strengthen their skills in caring for FGM/C-related medical complications. On July 14, President Kabore spoke with representatives of youth from the 13 regions of the country engaged in the fight against FGM/C.

Other Harmful Traditional Practices: In the Center-East Region, primarily in rural areas, self-proclaimed traditional healers performed rituals in which participants denounced others as “witches” whom they held responsible for their misfortune. Those accused, often elderly women, and less frequently men, were sometimes tied up, humiliated, beaten, brutalized, banned from their villages, or killed. Widows were disproportionately accused of witchcraft by male relatives, who then claimed their land and other inheritance. The law, which was seldom enforced, makes the conviction of physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in prison, a substantial monetary fine, or both.

Sexual Harassment: The law provides for sentences of three months to one year in prison and a substantial monetary fine or conviction of sexual harassment; the maximum penalty applies if the perpetrator is a relative or in a position of authority, or if the victim is “vulnerable.” The government was ineffective in enforcing the law. Owing to social taboos, victims rarely reported sexual harassment.

Reproductive Rights: The law entitles couples and individuals to decide freely the number, spacing, and timing of their children, and to manage their reproductive health free from discrimination, coercion, or violence, but individuals often lacked the information and means to exercise these rights.

Government and private health centers were open to all women and offered reproductive health services, skilled medical assistance during childbirth (essential obstetric and postpartum care), and diagnosis and treatment of sexually transmitted diseases. Family planning services were free in all public health facilities. Remote villages, however, often lacked these facilities or did not have adequate transportation infrastructure to permit easy access.

According to the UNFPA, 58 percent of women aged 15-49 had their reproductive needs satisfied with modern methods. According to the UNFPA also, in 2018 the adolescent birth rate was 132 per 1,000 girls aged 15-19.

Geographical distance, illiteracy, insufficient capacity of providers, lack of medical supplies, and religious and social beliefs regarding the negative effects of contraceptive methods were the main barriers to access to contraception. Women’s limited decision-making power and men’s lack of support for and understanding of family planning were also barriers to access to contraception.

The government worked with international and local aid organizations to provide access to sexual and reproductive health services for Internally Displaced Persons.

The volatile security situation impacted women’s and girls’ sexual and reproductive health needs, since 12 percent of the health centers in the Nord, Sahel, and Est regions closed due to insecurity. The COVID-19 pandemic reduced access to family planning services, as well as overall sexual and reproductive health.

In 2016 according to the National Institute of Statistics and Demography, the maternal mortality rate was 320 deaths per 100,000 live births. According to the UNFPA, between 2014-2019, 80 percent of births were attended by skilled health personnel. Among the leading causes of maternal deaths were hemorrhage (30 percent) and infection (23 percent).

The government’s official midwifery curriculum included components on the prevention of FGM/C and care for women and girls affected by it.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Although the law generally provides the same legal status and rights for women as for men–including under family, labor, property, and inheritance laws–discrimination frequently occurred. Labor laws provide that all workers–men and women alike–should receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property. There were legal restrictions on women’s employment under certain working conditions and in the same occupations and industries as men.

Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result, authorities often denied women the right to own property, particularly real estate. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.

The government conducted media campaigns to change attitudes toward women. It sponsored a number of community outreach efforts and awareness campaigns to promote women’s rights.

Birth Registration: Citizenship derives either from birth within the country’s territory or through a parent. Parents generally did not register births immediately, particularly in the rural areas; lack of registration sometimes resulted in denial of public services, including access to school. To address the problem, the government periodically organized registration drives and issued belated birth certificates.

Education: The law provides for compulsory schooling of children until age 16. Nevertheless, many children did not attend school. Targeted attacks on schools and insecurity forced thousands of schools to close (see section 1.g.). Parents often had to pay their children’s school fees as well as provide their uniforms and supplies. Other factors affecting school enrollment included distance to the nearest school, lack of transportation, shortages of teachers and instructional materials, and lack of school feeding programs. Girls’ enrollment was lower than that of boys at all levels due to poverty, a cultural preference to educate boys, the early marriage of girls, and sexual harassment of girls.

Many children attended Quranic schools. Educators forced some children sent to Quranic schools by their parents to engage in begging (see section 7.c.).

Child Abuse: The penal code provides for a prison sentence of one to three years with a substantial monetary fine for those found guilty of inhuman treatment or mistreatment of children. In 2019 the government launched a National Child Protection Strategy to create a strengthened institutional, community, and family environment to ensure effective protection for children by 2023.

Child, Early, and Forced Marriage: The law prohibits forced marriage and provides for prison sentences ranging from six months to two years for offenders, and a three-year prison sentence if the victim is younger than age 13.

According to the family code, “marriage can only be contracted between a man older than age 20 and a woman older than 17, unless age exemption is granted for serious cause by the civil court.” Nonetheless, data from UNICEF indicated that 10 per cent of women were married before age 15 and 52 per cent of women before 18. While early marriage occurred throughout the country, the NGO Plan International reported that some of the highest rates of early marriage were 83 percent in the Sud-Ouest Region, 83 percent in the Centre-Nord Region and 72 percent in the Centre-Est Region. In August the Lobbying and Advocacy Action Group (GALOP), an association mainly composed of the wives of senior officials and chaired by the first lady, initiated a training session to counter the practice of child marriage, which was carried by media in Ouagadougou. GALOP set up a network of journalists and communicators to produce and disseminate press articles to raise awareness of the effects of early marriage. During the year the government organized travelling campaigns targeting specific communes for education against the practice.

According to media reports, however, the traditional practice persisted of kidnapping, raping, and impregnating a girl and then forcing her family to consent to her marriage to her violator. NGOs reported that minors, especially girls, were kidnapped on their way to school or to market and forced into early marriage.

Sexual Exploitation of Children: The law provides penalties for conviction of “child prostitution” or child pornography of five to 10 years’ imprisonment, a substantial monetary fine, or both. The minimum age of consensual sex is 15. The law criminalizes the sale of children, child commercial sexual exploitation, and child pornography. Children from poor families were particularly vulnerable to sex trafficking. The government did not report any convictions for violations of the law during the year. The penal code prescribes penalties of 11 to 20 years’ imprisonment and a substantial monetary fine for sex trafficking involving a victim 15 years or younger. It also prescribes five to 10 years’ imprisonment and substantial monetary fines for sex trafficking involving a victim older than age 15.

Infanticide or Infanticide of Children with Disabilities: The law provides for a sentence of 10 years’ to life imprisonment for infanticide. Newspapers reported several cases of abandonment of newborn babies.

Displaced Children: Recurrent armed attacks displaced hundreds of thousands of children. According to CONASUR, the national emergency relief council, women and children accounted for 60 percent of the IDPs (see section 2.e.).

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no known Jewish community. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, transportation, access to health care, the judicial system, or the provision of other state services. There is legislation to provide persons with disabilities less costly or free health care and access to education and employment. The law also includes building codes to provide for access to government buildings. The government did not effectively enforce these provisions.

Persons with disabilities encountered discrimination and reported difficulty finding employment, including in government service.

The government had limited programs to aid persons with disabilities, but NGOs and the National Committee for the Reintegration of Persons with Disabilities conducted awareness campaigns and implemented integration programs.

On October 27, President Kabore presided over a national forum on developing more socioeconomic inclusion for persons with disabilities. The government continued to arrange for candidates with vision disabilities to take the public administration recruitment exams by providing the tests in braille. Additionally, authorities opened specific counters at enrollment sites to allow persons with disabilities to register more easily for public service admission tests. According to the Ministry of Education, children with disabilities attended school at lower rates than others, although the government provided for limited special education programs in Ouagadougou.

Long-standing conflicts between Fulani (Peuhl) herders and sedentary farmers of other ethnic groups sometimes resulted in violence. Incidents were commonly triggered by herders allowing their cattle to graze on farmlands or by farmers attempting to cultivate land set aside by local authorities for grazing. Government efforts at dialogue and mediation contributed to a decrease in such incidents.

On April 13, in the western part of the country, media reported that a land dispute along ethnic lines between Karaboro and Mosse communities in the Cascade Region’s Sideradougou Commune resulted in the death of four men.

Allegations of extrajudicial killings, torture, and violations of due process and basic human rights by security forces and VDPs, particularly against the Fulani community, continued to mount. While senior officials, including President Kabore, appeared politically committed to reinforcing respect for human rights and holding abusers accountable, the government lacked capacity to address a growing case load of such allegations.

Many observers, including HRW, noted an ethnic dynamic underscoring the violence in the country. Armed groups often recruited from the Fulani community, while the vast majority of men allegedly killed by security forces were Fulani because of their perceived support of extremist groups.

On January 21, the government passed a law establishing the VDP in an effort to institutionalize civilian support for state counterterrorism efforts. There were reports the VDPs did not incorporate Fulani into their ranks, nor did Fulani seek to be included among the VDPs. This dynamic underscored the precarious situation for the Fulani, who lacked security in their community but were excluded from the state’s security effort, thereby fueling a perception of or actual experience of marginalization among the Fulani. The government conducted media campaigns in an effort to change attitudes toward the Fulani community. It sponsored a number of media outreach efforts and awareness campaigns against the stigmatization of ethnic groups. In what observers understood to be a reference to the Fulani, President Kabore spoke against the “stigmatization of entire communities following armed terrorist acts in certain localities of our country” in his speech during the December 28 inauguration ceremony for his second and final term of office.

Indigenous persons and their institutions sometimes participated in decisions affecting their land. Exploitation of natural resources near indigenous land endangered the welfare and livelihoods of indigenous communities. A Chinese construction project announced in 2019 to build a hospital in a protected forest in Bobo-Dioulasso sparked a controversial debate and was strongly rejected by the local population. Indigenous communities criticized the government’s decision to permit construction on approximately 38 acres of the forest and suggested that the hospital be built on another site. Following the controversy, the government suspended the project and commissioned an environmental impact study of the site. On August 13, the government announced that in line with the study’s recommendation, the hospital would be built on another site located a few miles from the original one.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police occasionally arrested gay men and transgender individuals and humiliated them in detention before releasing them.

Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. Medical facilities often refused to provide care to members of the transgender community, and LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.

LGBTI organizations had no legal status in the country but existed unofficially with no reported harassment. There were no reports of government or societal violence against such organizations.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS continued to be a problem and prohibited some individuals from receiving medical services due to fear of harassment. Families sometimes shunned persons who tested positive and sometimes evicted HIV-positive wives from their homes, although families did not evict their HIV-positive husbands. Some property owners refused to rent lodgings to persons with HIV/AIDS. The government distributed free antiretroviral medication to some HIV-positive persons who qualified according to national guidelines.

Rape and Domestic Violence: Rape of women is illegal but remained a significant problem, and the government did not enforce the law effectively. Rape of a woman outside of marriage carries a maximum sentence of 20 years’ imprisonment. Spousal rape is not a crime unless the wife is younger than 14, and the penalty is a maximum of two years in prison. The law prohibits committing bodily harm against another person, but there are no laws specifically against domestic violence or spousal abuse unless the wife is younger than 14. Overlapping and at times contradictory legal provisions complicated implementation of these limited protections.

The number of reported rapes increased over the previous year, but it was unclear whether this was due to increased awareness or increased incidences of rape. Police generally investigated reported cases of rape, but there were reports police investigations were not sensitive to victims. Civil society groups continued to report police in some cases verbally abused women who reported rape, and women could be sued for impugning the dignity of the perpetrator.

Domestic violence against women, including spousal abuse, remained a serious problem. Abuse within families was prevalent and considered socially acceptable. Spousal abuse or domestic violence was difficult to measure because the government did not maintain comprehensive statistics and victims typically did not report it, although the government attempted to document cases, and reported cases were on the rise. In April Myanmar Times reported the observation by Daw Htar, founder of the NGO Akhaya Women Myanmar, that over the two weeks when the government started community lockdowns in some areas, there was a spike in domestic violence complaints compared to the prelockdown period.

Sexual Harassment: The law prohibits sexual harassment and imposes a maximum of one year’s imprisonment and a fine for verbal harassment and a maximum of two years’ imprisonment and a fine for physical contact. There was no information on the prevalence of the problem because these crimes were largely unreported. Local civil society organizations reported police investigators were not sensitive to victims and rarely followed through with investigations or prosecutions.

Reproductive Rights: The right of individuals to manage their reproductive health is limited by the 2015 Population Control and Health Care Law, which restricts sexual and reproductive rights, including the imposition of birth-spacing requirements. The president or the national government may designate “special regions” for health care that consider population, natural resources, birth rates, and food availability. In a special region the government may allow the creation of special health-care organizations to perform various tasks, including establishing regulations related to family planning.

Access to family planning was limited in rural areas, and local organizations noted that the unmet need for family planning was particularly high in Rakhine State. Economic hardship and security concerns in conflict-affected regions also limited access to family planning.

In 2020 limited access to sexual and reproductive health services for sexual violence survivors was available through both public and private facilities, and the Department of Social Welfare adapted gender-based violence services to COVID-19, including expanding virtual platforms for online training.

According to UN 2017 estimates, the maternal mortality ratio nationwide was 250 deaths per 100,000 live births. The 2017 National Maternal Death Surveillance and Response Report stated the maternal mortality ratio in Rakhine State was the second lowest among states and regions. This was not consistent with the previous pattern of Rakhine State reporting a relatively higher maternal mortality ratio, and the Ministry of Health and Sports acknowledged that the results reflected underreporting of maternal deaths due to the conflict in Rakhine State and other parts of the country. NGOs reported that humanitarian access and movement restrictions among Rohingya limited access to health-care services and contributed to maternal mortality rates in Rakhine State being higher than the national average. Complications resulting from unsafe abortions were also a leading cause of maternal deaths.

Other major factors influencing maternal mortality included poverty; limited availability of and access to comprehensive sexual and reproductive health services and information, including contraception, and maternal and newborn health services; a high number of home births; and the lack of access to services from appropriately trained and skilled birth attendants, midwives, auxiliary midwives, basic health staff, and other trained community health workers. The UN Population Fund estimated that skilled health personnel attended only 60 percent of births.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The law allows the government to impose coercive birth-spacing requirements–36 months between children–if the president or national government designates “special regions” for health care based on factors such as population, migration rate, natural resources, birth rates, and food availability. Once a special region is declared, the government may create special healthcare organizations to perform various tasks, including establishing family planning regulations. The government did not designate any such special regions during the year.

In Rakhine State, local authorities prohibited Rohingya families from having more than two children, although some Rohingya with household registration papers reportedly could circumvent the law.

Discrimination: By law women enjoy the same legal status and rights as men, including property and inheritance rights and religious and personal status, but it was not clear the government enforced the law. Customary law was widely used to address issues of marriage, property, and inheritance; it differs from the provisions of statutory law and is often discriminatory against women.

The law requires equal pay for equal work, but it was not clear the formal sector respected this requirement. NGOs reported some sectors did not comply, and other forms of workplace discrimination were common (see section 7.d.).

Poverty affected women disproportionately.

The law restricts the ability of Buddhist women to marry non-Buddhist men by imposing a requirement of public notification prior to any such marriage and allowing for objections to the marriage to be raised in court, although the law was rarely enforced.

Birth Registration: The law automatically confers full citizenship to children of two parents from one of the 135 recognized national ethnic groups and to children who met other citizenship requirements. Moreover, the government confers full citizenship to second-generation children of both parents with any citizenship, as long as at least one parent has full citizenship. Third-generation children of associate or naturalized citizens can acquire full citizenship. Many long-term residents in the country, including the Rohingya, are not among the recognized national ethnic groups, however, and thus their children are not automatically conferred citizenship (see section 2.g.).

A prominent international NGO noted significant rural-urban disparities in birth registration. In major cities (e.g., Rangoon and Mandalay), births were registered immediately because registration is required to qualify for basic public services and to obtain national identification cards. In smaller towns and villages, birth registration often was informal or nonexistent. For the Rohingya community, birth registration was a significant problem (see section 2.g.). The Advisory Commission on Rakhine State noted in its interim report that nearly half of all residents in Rakhine State lacked birth documentation.

A birth certificate provides important protections for children, particularly against child labor, early marriage, and recruitment into the armed forces and armed groups. Sometimes a lack of birth registration complicated access to public services in remote communities.

Education: By law education is compulsory, free, and universal through the fourth grade (up to age 10). This leaves children ages 10 through 13 vulnerable to child labor, since they are not required to attend school but are not legally permitted to work, because the minimum age for work is 14. The government continued to allocate minimal resources to public education, and schools charged informal fees.

Schools were often unavailable in remote communities and conflict areas, and access to them for internally displaced and stateless children also remained limited.

Child Abuse: Laws prohibit child abuse, but they were neither adequate nor enforced. NGOs reported corporal punishment was widely used against children. The punishment for child abuse is a maximum of two years’ imprisonment or a modest fine. The Ministry of Social Welfare, Relief, and Resettlement continued child protection programs in partnership with UNICEF to improve data collection, develop effective laws, provide psychosocial assistance, and combat trafficking, and added COVID-19 awareness raising. Violence in Rakhine, Chin, Shan, and Kachin states exposed many children to an environment of violence and exploitation.

Online and street protests continued following the alleged May 2019 sexual assault of a two-year-old girl, pseudonym “Victoria,” at a nursery school in Nay Pyi Taw. Protesters raised concerns about the transparency of the trial, and in July 2019 Win Ko Ko Thein, the leader of an online protest campaign, was arrested for Facebook posts “defaming” the police officers investigating the case. Both cases continued as of November. Legal violations during the “Victoria” trial included the police’s December 2019 disclosure of the victim’s name and of photographs further identifying the child and her parents, their occupations, and the family’s address. On June 2, the promotions of three senior police officers responsible were suspended.

Child, Early, and Forced Marriage: The law stipulates different minimum ages for marriage based on religion and gender. The minimum age for Buddhists is 18, while the minimum age for non-Buddhists is 16 for boys and 15 for girls. Child marriage occurred, especially in rural areas. There were no reliable statistics on forced marriage.

Sexual Exploitation of Children: Children were subjected to sex trafficking in the country, and a small number of foreign child-sex tourists exploited children, according to Human Rights Watch. The 2019 Child Rights Law prohibits the sexual exploitation of children, including pimping and prostitution; separate provisions within the penal code prohibit sex with a minor younger than 14. The penalty for the purchase and sale of commercial sex acts from a child younger than 18 is 10 years’ imprisonment. The law prohibits child pornography and specifies a minimum penalty of two years’ imprisonment and a modest fine. The law on child rights provides for one to seven years’ imprisonment, a substantial fine, or both for sexual trafficking or forced marriage. If a victim is younger than 14, the law considers the sexual act statutory rape. The maximum sentence for statutory rape is two years’ imprisonment when the victim is between the ages of 12 and 14 and 10 years’ to life imprisonment when the victim is younger than 12.

The country’s antitrafficking in persons law requires a demonstration of force, fraud, or coercion to constitute a child sex-trafficking offense.

Displaced Children: The United Nations estimated that approximately 40 percent of IDPs were children. The mortality rate for child IDPs was significantly higher than the national average.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was one synagogue in Rangoon serving a very small Jewish population. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law directs the government to ensure that persons with disabilities have easy access to public transportation. The government did not effectively enforce these provisions.

Civil society groups reported that children with disabilities attended school through secondary education at a significantly lower rate than other persons; many never attended school due to stigma and lack of any accommodation for their needs.

Persons with disabilities reported stigma, discrimination, and abuse from members of the public and government officials. Students with disabilities cited barriers to inclusive education as a significant disadvantage.

Military veterans with disabilities in urban areas received official benefits on a priority basis, usually a civil service job at pay equivalent to rank. Persons with disabilities in rural areas typically did not have access to livelihood opportunities or affordable medical treatment. Official assistance to civilian persons with disabilities in principle included two-thirds of pay for a maximum of one year for a temporary disability and a tax-free stipend for permanent disability. The law providing job protection for workers who become disabled was not implemented.

Wide-ranging governmental and societal discrimination against members of minority groups persisted, including in areas such as education, housing, employment, and access to health services. Ethnic minority groups constituted 30 to 40 percent of the population. The seven ethnic minority states comprised approximately 60 percent of the national territory, and significant numbers of minority group members also resided in the country’s other regions.

International observers noted that significant wage discrepancies based on religious and ethnic backgrounds were common.

Burmese remained the mandatory language of instruction in government schools. The government’s official education plan does not cover issues related to mother tongue instruction, but ethnic languages were taught as extra subjects in some government schools. Progress was slow due to insufficient resources provided by the government, the nonstandardization of regional languages, a lack of educational material in minority languages, and varying levels of interest. In schools controlled by armed ethnic groups, students sometimes had no access to the national curriculum.

The Rohingya are a predominantly Muslim ethnic group that claims to have lived in the area of Rakhine State for generations. The Rohingya faced severe discrimination based on their ethnicity and religion. Large numbers of Rohingya were forced into internal exile in 2012, and the majority of the population was forced into refugee camps in Bangladesh in 2017 during a military ethnic cleansing campaign.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Political reforms in recent years made it easier for the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community to hold public events and openly participate in society, yet discrimination, stigma, and a lack of acceptance among the general population persisted. Transgender persons, for example, were subject to police harassment, and their identity is not recognized by the state. There were reports of discrimination based on sexual orientation and gender identity in employment. LGBTI persons reported facing discrimination from healthcare providers.

On March 12, an openly gay restaurant owner was sentenced to five years in prison under the “unnatural offenses” law for allegedly sexually assaulting a male member of his staff.

HIV and AIDS Social Stigma

There were continued reports of societal violence and discrimination, including employment discrimination, against persons with HIV/AIDS. Negative incidents, such as exclusion from social gatherings and activities; verbal insults, harassment, and threats; and physical assaults continued to occur. Laws that criminalize behaviors linked to an increased risk of acquiring HIV/AIDS remain in place, directly fueling stigma and discrimination against persons engaged in these behaviors and impeding their access to HIV prevention, treatment, and care services.

Although the law nominally decriminalizes drug use, possession of small amounts of illegal drugs still leads to long prison sentences. Excessive law enforcement activities and local antidrug groups threatened at-risk drug abusers and hindered access to HIV, harm reduction, and other essential health services. Likewise, the antisodomy law creates an environment that discourages men who have sex with men from accessing available services.

High levels of social stigma and discrimination against female sex workers and transgender women hindered their access to HIV prevention, treatment, and social protection services. Police harassment of sex workers deterred them from carrying condoms.

Rape and Domestic Violence: The law prohibits rape against men and women, including spousal rape, with penalties of up to 30 years’ imprisonment for conviction. The law prohibits domestic abuse of a spouse, with punishment if convicted ranging from fines to three to five years’ imprisonment. The government did not enforce the law uniformly, and rape and other domestic and sexual violence were serious problems.

In 2016 the government adopted a law that provides for the creation of a special gender-based crimes court, makes gender-based violence crimes unpardonable, and provides stricter punishment for police officers and judges who conceal violent crimes against women and girls. As of October the special court had not been created, and no police officers or judges had been prosecuted under the law.

The Unit for the Protection of Minors and Morals in the National Police is responsible for investigating cases of sexual violence and rape as well as those involving the trafficking of girls and women. The government-operated Humura Center in Gitega provided a full range of services, including legal, medical, and psychosocial services, to survivors of domestic and sexual violence.

The September COI report stated that sexual and gender-based violence affected mostly women and girls but also men. In particular, members of the Imbonerakure and police committed violence to intimidate, control, repress, and punish women and men for their supposed or actual political opinions, refusal to join the ruling party, or alleged links to an armed movement. The National Intelligence Service also committed sexual and gender-based violence during arrests and detention. Credible observers stated many women were reluctant to report rape, in part due to fear of reprisal or social stigma.

Sexual Harassment: The law prohibits sexual harassment, including the use of threats of physical violence or psychological pressure to obtain sexual favors. Punishment for conviction of sexual harassment may range from a fine to a prison sentence of one month to two years. The sentence for sexual harassment doubles if the victim is younger than 18. The government did not actively enforce the law. There were reports of sexual harassment but no data available on its frequency or extent and no evidence of arrests made under anti-sexual-harassment laws.

Reproductive Rights: The government recognized the right of couples and individuals to decide the number, spacing, and timing of their children, and they had access to the information and means to do so free from discrimination, coercion, and violence. Abortion is illegal; however, it is permitted if the life of the mother is in jeopardy. Husbands often made the final decisions about family planning.

The government provided free prenatal and postpartum services. There were no restrictions on access to contraceptives; the contraceptive prevalence rate was 29 percent. Health clinics and NGOs freely disseminated information on family planning under the guidance of the Ministry of Public Health. Faith-based clinics promoted the use of natural family planning methods.

The government provided access to sexual and reproductive health services for survivors of sexual violence.

The 2016-2017 Demographic and Health Survey estimated the maternal mortality rate at 334 per 100,000 live births in 2016-2017. The main factors influencing maternal mortality were inadequate medical care and low use of family planning services. World Health Statistics indicated the adolescent birth rate was 58 per 1,000 in 2016.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for equal status for women and men, including under family, labor, property, nationality, and inheritance laws. Women faced legal, economic, and societal discrimination, including with regard to inheritance and marital property laws.

By law women must receive the same pay as men for the same work, but they did not (see section 7.d.). Some employers suspended the salaries of women on maternity leave, and others refused medical coverage to married female employees. The government provided only limited resources to enforce labor laws in general and did not enforce antidiscrimination laws effectively.

In 2018 the minister of education released a guidance letter stating that female primary and secondary school students who became pregnant or were married during their studies would not be allowed to reintegrate into the formal education system but could pursue vocational training. This provision also applied to male students believed to have had sexual intercourse leading to pregnancy but did not affect married male students. Prior to this guidance, schools required female students who became pregnant to seek the permission of the Ministry of Education to re-enter school and then transfer to a different school, leading to high dropout rates; male students were not subject to this requirement. Soon afterward, the minister revoked the guidance and announced the establishment of a committee to facilitate the reintegration of students, including pregnant students, who “face any challenges during the academic year.” Reports persisted that school authorities still prevented pregnant girls from attending school, especially in remote areas.

In 2017 President Nkurunziza signed into law regulations requiring unmarried couples to legalize their relationships through church or state registrations. The Ministry of the Interior subsequently announced that couples who did not marry before the end of 2017 could face token fines, based on the provisions of the law against unmarried cohabitation, and declared that children born out of wedlock would not be eligible for waivers on primary school fees and other social services. The campaign was subsequently extended into 2018, and there were no reports of the threatened consequences being implemented. Government officials continued campaigns during the year to implement the president’s decree, but as of October the movement had lost momentum and there were no reports that the law was enforced.

Birth Registration: The constitution states that citizenship derives from the parents. The government registers, without charge, the births of all children if registered within a few days of birth. An unregistered child may not have access to some public services.

Education: Education is tuition-free, compulsory, and universal through the primary level, but students are responsible for paying for books and uniforms. Secondary students must pay token tuition fees per quarter; secondary school is not compulsory. Throughout the country provincial officials charged parents informal fees for schooling at all levels.

Child Abuse: The law prohibits violence against or abuse of children, with punishment for conviction ranging from fines to three to five years’ imprisonment, but child abuse was a widespread problem. The penalty for conviction of rape of a minor is 10 to 30 years’ imprisonment.

Child, Early, and Forced Marriage: The legal age for marriage is 18 for girls and 21 for boys. Forced marriages are illegal, although they reportedly occurred in southern, more heavily Muslim, areas. The Ministry of the Interior discouraged imams from officiating at illegal marriages.

Sexual Exploitation of Children: The minimum age for consensual sex is 18. The penalty for conviction of commercial sexual exploitation of children is 10 to 15 years in prison and a substantial monetary fine. The penalties for conviction of child pornography are fines and three to five years in prison. There were no prosecutions during the year.

Women and girls were smuggled to other countries in Africa and the Middle East, sometimes using falsified documents, putting them at high risk of exploitation.

Displaced Children: Thousands of children lived on the streets throughout the country, some of them HIV/AIDS orphans. The government provided street children with minimal educational support and relied on NGOs for basic services, such as medical care and economic support. Independent observers reported that children living on the streets faced brutality and theft by police. Arbitrary arrests and detentions of persons, including children, living on the streets continued.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

No estimate was available on the size of the Jewish population. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution prohibits discrimination against persons with disabilities, but the government did not promote or protect their rights. Although persons with disabilities are eligible for free health care through social programs targeting vulnerable groups, authorities did not widely publicize or provide benefits. Employers often required job applicants to present a health certificate from the Ministry of Public Health stating they did not have a contagious disease and were fit to work, a practice that sometimes resulted in discrimination against persons with disabilities.

No legislation mandates access to buildings, information, or government services for persons with disabilities. The government supported a center for physical therapy in Gitega and a center for social and professional inclusion in Ngozi for persons with physical disabilities.

The Twa, the original inhabitants of the country, numbered an estimated 80,000, or approximately 1 percent of the population. They generally remained economically, politically, and socially marginalized. By law, local administrations must provide free schoolbooks and health care for all Twa children. Local administrations largely fulfilled these requirements (see also section 3, Participation of Women and Members of Minority Groups).

In September 2019, the representative of UNIPROBA, an NGO focusing on protecting the rights of the Twa ethnic group, stated that Twa were committed to participate actively in civil society but faced challenges including access to identity and voter cards.

There were sporadic reports of vigilante killings of Twa after they were accused, justly or unjustly, of crimes by other citizens throughout the year.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law penalizes consensual same-sex sexual relations by adults with up to two years in prison if convicted. There were no reports of prosecutions for same-sex sexual acts during the year.

The w does not prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTI persons was common.

Criminals sometimes killed persons with albinism, particularly children, in order to use their body parts for ritual purposes. Most perpetrators were citizens of other countries who came to kill and then departed the country with the body parts, impeding government efforts to arrest them. According to the Albino Women’s Hope Association chairperson, society did not accept persons with albinism, and they were often unemployed and isolated. Women with albinism often were “chased out by their families because they are considered as evil beings.” The government took steps to improve integration of albinos into society and sensitize communities to promote antidiscrimination efforts. On October 16, the first lady organized a training session about albinism, highlighting their vulnerability and urging the population to avoid discrimination against albinos.

Rape and Domestic Violence: Conviction for rape of women and men is punishable by eight to 16 years’ imprisonment, and conviction for domestic violence is punishable by one to five years’ imprisonment. Spousal rape is implicitly covered by the law; penalties for conviction range from one to five years’ imprisonment. The law focuses on increasing protection of victims, strengthening penalties for convicted offenders, and raising awareness regarding gender-based violence (GBV). The law calls for establishing several care centers, with financial and management autonomy, but implementation lagged due to inadequate staffing. Violence and discrimination against women remained significant problems. The National Police Annual Report for 2019 reported 1,636 cases of GBV, a figure that represented 23 percent of all reported crimes against persons for that year.

The National Police regularly accompanied victims of sexual violence and GBV to the hospital and escorted them to their homes to collect their belongings. Police officers helped victims go to a location where they believed they would be safe. The Cabo Verdean Institute for Equality and Equity of Gender ran five shelters on four islands–two on Santiago and one each on Fogo, Sao Vicente, and Boa Vista–and planned to launch two more shelters on Sal and in Tarrafal (Santiago).

The government did not always enforce the law against rape and domestic violence effectively. NGO sources lamented the lack of social and psychological care for perpetrators and victims alike.

National Police officers in Santa Catarina faced charges of abuse of power, torture, and cruel and degrading treatment of a female detainee (see section 1.c.).

Sexual Harassment: The penal code criminalizes sexual harassment. Penalties for conviction include up to one year in prison and a fine equal to up to two years of the perpetrator’s salary. Although authorities generally enforced the law, sexual harassment was common. In one case an alleged perpetrator fatally stabbed a 17-year-old girl in Santa Cruz on the island of Santiago after stalking her and creating a fake Facebook profile presenting her as his girlfriend. Less than three weeks earlier, the victim had withdrawn a complaint she had filed with prosecutors accusing the man of threatening her.

Reproductive Rights: The civil code provides that all citizens have the freedom to decide the number, spacing, and timing of their children; the right to manage their reproductive health; and access to the information and means to do so free from discrimination, coercion, or violence. All citizens had access to contraception, including from family planning centers throughout the country. These centers also provided skilled assistance and counseling, both before and after childbirth, and sexual and reproductive health services, including for survivors of sexual violence. According to the UN Population Fund (UNFPA), 92 percent of births were attended by skilled health personnel. Postnatal services included family planning and free oral and injectable contraceptives. According to the UNFPA, modern methods satisfied their need for family planning of 79 percent of women of reproductive age (15 to 49). 

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law, including that related to labor, property, inheritance, employment, access to credit, and owning or managing business or property, provides for the same legal status and rights for women as for men, and the government enforced the law somewhat effectively. Cultural norms and traditions, however, imposed gender roles that hindered the eradication of gender-based discrimination.

A 2019 law prohibits discrimination based on sex and promotes gender-equality policies.

Women suffered discrimination in equal pay for equal work. A 2019 International Labor Organization survey cited a factor-weighted average wage gap of 14 percent across professions and both formal and informal sectors. Women often worked in informal jobs and lacked access to social security. Women, especially the working poor, struggled to maintain their professional independence when they had children. Fathers were often not present in the nuclear family. Additionally, when girls became pregnant while still in school, they nearly always dropped out and did not resume their education.

Rural school district supervisors and local government officials spoke of “absent men,” lamenting the burden placed on women and noting the damage to existing and future generations from children growing up without male role models or with negative ones.

Birth Registration: Citizenship is derived from one’s parents or grandparents or by birth within the country if the parents have been legal residents for five years. When those conditions are not met, and if the child does not receive citizenship from the country of at least one of its parents, the parents must obtain a lawyer to petition for an exception. Birth registration was not denied or provided on a discriminatory basis. Failure to register births did not result in denial of public services.

Education: During the year the government extended tuition-free, compulsory, universal education through the 12th grade.

Child Abuse: Laws prohibit physical, psychological, and moral violence against children, including sexual violence, but these remained problems. Penalties for child abuse include two to eight years in prison for sexual abuse of a child younger than age 14, increasing to five to 12 years’ imprisonment if the abuse included penetration. Those found guilty of engaging in transactional sex with a minor younger than age 18 face two to eight years in prison, four to 12 years’ imprisonment if the sex involved penetration. Government efforts to combat child abuse employed a national network that included the child welfare government body Institute for Children and Adolescents, various police forces, the Attorney General’s Office, hospitals, local civil society organizations, and health centers. The government attempted to reduce sexual abuse and violence against children through several programs. The Institute for Children and Adolescents maintained a presence on all inhabited islands.

From January through July, the Institute for Children and Adolescents registered 1,428 cases of violence against and mistreatment of minors, including 107 of sexual abuse, 146 of maltreatment, 28 of parental abandonment, 19 of child labor, and 161 of parental negligence. In 2019 the institute registered an increase in reported cases during the year in each of these categories compared with 2018.

Demonstrators on Sao Vicente, Santo Antao, and other islands called for more intervention from the government and law enforcement authorities in response to child sexual abuse cases. In one of many cases during the year, the Judicial Police detained eight individuals from different parts of the island of Santiago for sexually abusing a 13-year-old adolescent. Medical personnel contacted authorities when the girl sought help at a hospital after aborting a pregnancy in secret.

The Institute for Children and Adolescents provided care for child victims, but perpetrators and alleged perpetrators received minimal interventions or care while awaiting trial or while in prison. Child abuse cases may linger for years in the judicial process, often leaving child victims vulnerable to continued abuse.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18.

Sexual Exploitation of Children: The law punishes those who foment, promote, or facilitate “prostitution” or sexual exploitation of children younger than age 17 with a penalty if convicted of four to 10 years’ imprisonment. If the victim is age 17 or 18, the penalty is two to six years’ imprisonment, which is commensurate with penalties prescribed for other serious crimes such as kidnapping. The law punishes those who induce, transport, or provide housing or create the conditions for sexual exploitation and commercial sexual exploitation of children younger than age 17 in a foreign country with a penalty if convicted of five to 12 years’ imprisonment. If the victim is age 17 or 18, the penalty for conviction is two to eight years’ imprisonment. The law prohibits the exploitation of children younger than age 18 in pornography, with penalties for conviction of up to three years’ imprisonment. The minimum legal age for consensual sex is 16. Sexual relations with a child younger than age 14 are considered a public crime and invoke mandatory reporting from anyone who becomes aware of the crime. By law at ages 14 and 15, sexual relations are a semipublic crime and may be reported by any involved party (the minor or the minor’s parents or guardians). Sexual abuse was widely reported throughout the country.

The government continued efforts to prevent the sexual exploitation of children through a national coordinating committee. The government also continued to enforce the Ethics Code of Conduct for Tourism, which includes provisions countering child sex tourism. The Observatory for Monitoring and Rapid Identification of Trafficking in Persons, which assembles numerous government agencies and partners, continued to hold meetings to advance priorities related to human trafficking and child sexual exploitation.

Displaced Children: The Institute for Children and Adolescents and other organizations provided shelter to children living in the street, ranging from day centers to 24-hour shelters. Officials worked with children, families, and communities to resolve intrafamily problems and return children to the safety of their families. A 2016 effort by local authorities and a partner NGO succeeded in reducing the number of minors living on the street in the city of Mindelo from 44 to the 12 that remained in the organization’s shelter during the year.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community was very small, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities, and the government generally enforced these provisions, although problems remained in areas such as physical accessibility, means of communication, and public transport appropriate for persons with disabilities.

Persons with intellectual or mental disabilities, as determined by the Ministry of Health, are not allowed to vote, according to the National Commission for Elections, if they are deemed not to have the mental capacity to exercise that right.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Antidiscrimination laws exist, and state employers may not discriminate based on sexual orientation, family situation, habits and dress, health status, or membership or nonmembership in any organization. Laws prohibit discrimination in the provision of a good or service, engaging in normal economic activities, and employment. The government generally enforced these laws; penalties if convicted were up to two years in prison or a substantial monetary fine. Laws do not prohibit consensual same-sex sexual conduct among adults.

Persistent social discrimination existed as the norm for the lesbian, gay, bisexual, transgender, and intersex community and generally took the form of public mockery and appearance-based discrimination.

Rape and Domestic Violence: Rape and domestic violence were significant problems. The law, which does not specify the sex of a victim, criminalizes rape and “indecent assault.” Rape is punishable by five to 30 years’ imprisonment. Spousal rape is not specifically mentioned in the penal code, but the underlying conduct can be prosecuted as “rape,” “causing injury,” or “indecent assault.” Charges for rape were rare. The law criminalizes domestic violence but does not set out specific penalties. The penal code assigns penalties for domestic violence ranging from one to 15 years’ imprisonment.

Rape and domestic violence were likely underreported due to fear of reprisal, social stigma, discrimination, and distrust of police and the judiciary. Women comprised a small proportion of judicial officials: 14 percent of judges, 12 percent of prosecutors, and 20 percent of lawyers, which likely contributed to underreporting of rape and domestic abuse. NGOs reported authorities inadequately enforced domestic violence laws and avoided involvement in domestic disputes.

Rape and domestic violence sometimes led to death: a local NGO reported 10 killings in a 2018 investigation of 39 cases of domestic violence and 18 of rape. In these 57 cases, authorities arrested only 23 perpetrators. Most observers believed neither authorities nor the public generally regarded domestic violence as a criminal offense.

The Ministry of Information and the Ministry of Women’s Affairs implemented a code of conduct for media reporting on violence against women, which bans publication of a survivor’s personal identifiable information, photographs of victims, depictions of a woman’s death or injury, depictions of nudity, and the use of certain offensive or disparaging words against women. The Ministry of Women’s Affairs also operated a reporting system within the government to increase accountability and transparency in the government’s response to violence against women.

Sexual Harassment: The penal code criminalizes sexual harassment, imposing penalties of six days to three months’ imprisonment and modest fines. Workplace sexual harassment is believed to be widespread (see section 7.d.).

On July 10, four female police officers submitted a letter to Deputy Prime Minister Sar Kheng reporting sexual assault by Ouk Kosal, the police chief of Kampong Thom Province. The letter stated they had reported the case on multiple occasions since 2018 but had yet to receive justice. The police chief resigned and became a monk within days of the letter going public, but as of November, no legal action was taken against him.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. The government provided access to sexual and reproductive health services for survivors of sexual violence.

According to the country’s 2019 census, the maternal mortality rate was 141 deaths per 100,000 live births, compared with 178 deaths per 100,000 live births in 2015. Major factors influencing high maternal mortality rates included shortages of adequate health facilities, medications, and skilled birth attendants. According to the 2014 Cambodia Demographic and Health Survey, the latest such survey available, the modern contraceptive prevalence rate among married women between 15 and 49 years was approximately 39 percent, and 12 percent of women between ages 15 to 19 years had given birth or were pregnant with their first child.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for equal rights for women and men, including equal pay for equal work and equal status in marriage. The government did not effectively enforce the law. For the most part, women had equal property rights, the same legal right as men to initiate divorce proceedings, and equal access to education, but cultural traditions and child-rearing responsibilities limited the ability of women to reach senior positions in business and government or even participate in the workforce (see section 7.d.).

The government expected women to dress according to “Khmer traditions.” In February Prime Minister Hun Sen accused some women of wearing “skimpy clothing” while selling goods online and ordered authorities to investigate. Two days later, police arrested Ven Rachana, a Facebook vendor, on charges of pornography for dressing in a way that “affects the honor of Cambodian women.” On April 24, she was sentenced to six months’ imprisonment.

Birth Registration: By law children born to one or two ethnic Khmer parents are citizens. A child derives citizenship by birth to a mother and father who are not ethnic Khmer if both parents were born and living legally in the country or if either parent acquired citizenship through other legal means. Ethnic minorities are considered citizens. The Ministry of Interior administered the birth registration system, but not all births were registered immediately, primarily due to lack of public awareness of the importance of registering births and corruption in local government.

Failure to register births resulted in discrimination, including the denial of public services. Children of ethnic minorities and stateless persons were disproportionately unlikely to be registered. NGOs that serve disenfranchised communities reported authorities often denied access to education, including books, and health care for children without birth registration. NGOs stated such persons, when adults, were also often unable to gain employment, own property, vote, or access the legal system.

Education: Education was free, but not compulsory, through grade nine. Many children left school to help their families in subsistence agriculture or work in other activities. Others began school at a late age or did not attend school at all. The government did not deny girls equal access to education, but families with limited resources often gave priority to boys, especially in rural areas. According to international organization reports, enrollment dropped significantly for girls after primary school in urban areas, while secondary school enrollment for boys dropped significantly in rural areas.

Child Abuse: Child abuse was common, and legal action against perpetrators was rare, according to observers. According to UNICEF’s Violence Against Children Report, approximately one in two Cambodian children had experienced extreme violence. Child rape continued to be a serious problem, and reporting of the crime rose in the past several years. As of July a local human rights NGOs investigated 67 cases of children’s rights violations, 56 of which were rape or attempted rape. On October 4, police arrested a 15-year-old autistic boy, accusing him of stealing property from the opposition party’s headquarters. Police handcuffed him and forced him to sign an agreement to stop entering prohibited areas before releasing him after two days in detention.

Child, Early, and Forced Marriage: The legal minimum age of marriage for both men and women is 18; however, children as young as 16 may legally marry with parental permission.

Sexual Exploitation of Children: Sexual intercourse with a person younger than 15 is illegal. The government continued to raid brothels to identify and remove child sex-trafficking victims, although the majority of child sex trafficking was clandestine, occurring in beer gardens, massage parlors, beauty salons, karaoke bars, other retail spaces, and noncommercial sites. Police investigated child sex trafficking in brothels or when victims filed complaints directly, but did not typically pursue more complicated cases, for example those involving online sexual exploitation. Undercover investigation techniques were not allowed in trafficking investigations, which impeded officials’ ability to hold child sex traffickers accountable.

The country remained a destination for child sex tourism. The government used the law to prosecute both sex tourists and citizens for the sexual exploitation of children. The law provides penalties ranging from two to 20 years in prison for commercial sexual exploitation of children. The law also prohibits the production and possession of child pornography.

Local human rights organizations and local experts were concerned about the government’s failure to punish appropriately foreign residents and tourists who purchase or otherwise engage in sex with children. Endemic corruption at all levels of the government severely limited investigations and prosecutions of child sex traffickers, and the government took no action to investigate or prosecute complicit officials.

Displaced Children: Displaced children represented a serious and growing problem. The government offered limited, inadequate services to street children at a single rehabilitation center in Phnom Penh. In 2017 a local NGO estimated there were 1,200 to 1,500 displaced street children in Phnom Penh with no relationship to their families and 15,000 to 20,000 children who worked on the streets but returned to families in the evenings.

Institutionalized Children: NGOs and other observers alleged many private orphanages were mismanaged and populated by sham orphans to lure donations from foreigners. From 36,000 to 49,000 children lived in residential care institutions or orphanages, according to UNICEF and research conducted by Columbia University in 2018. Approximately 80 percent of these children had at least one living parent. The study also found that residential care resulted in lower developmental and health outcomes for children and put them at higher risk for future exploitation. There were no state-supported or -operated orphanages or other child protection programs that provided safe alternatives for children.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

A small Jewish foreign resident community lived in Phnom Penh. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination, neglect, exploitation, or abandonment of persons with physical or intellectual disabilities but was not effectively enforced. The law does not address access to transport. The Ministry of Social Affairs, Veterans, and Youth has overall responsibility for protecting the rights of persons with disabilities, although the law assigns specific tasks to other ministries, including the Ministries of Health, Education, Public Works and Transport, and National Defense.

Persons with disabilities faced significant societal discrimination, especially in obtaining skilled employment.

Children with limited physical disabilities attended regular schools. According to a Ministry of Education report in 2019, there were 60,284 disabled students throughout the country. The ministry worked to train teachers on how to integrate students with disabilities into the class with nondisabled students. Children with more significant disabilities attended separate schools sponsored by NGOs in Phnom Penh; education for students with more significant disabilities was not available outside of Phnom Penh.

Although there are no legal limits on the rights of persons with disabilities to vote or participate in civic affairs, the government did not make any concerted effort to assist their civic engagement.

Experts acknowledged an increase in negative attitudes towards the rising number of Chinese nationals in the country, in part due to perceived links with criminal activity, particularly in Sihanoukville. Khmer-language newspapers regularly reported stories of crimes committed by Chinese residents and business owners, including gang violence, kidnapping, extortion, counterfeiting, pornography, drunk driving, and drug possession. On August 15, authorities arrested 29 Chinese nationals and charged them with kidnapping. In November the government reported it had deported 542 foreign nationals for illegal activities, most of them Chinese nationals, in the first nine months of the year. On November 20, Sihanoukville officials deported two Chinese women for prostitution.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law criminalizes consensual same-sex sexual conduct, nor was there official discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. Societal discrimination persisted, however, particularly in rural areas.

LGBTI persons generally had limited job opportunities due to discrimination and exclusion. LGBTI persons were occasionally harassed or bullied for their work in the entertainment and commercial sex sectors.

A local LGBTI rights organization reported incidents of violence or abuse against LGBTI persons, including domestic violence by family members. Stigma or intimidation may have inhibited further reporting of incidents. Police did not prioritize investigations into LGBTI-related complaints.

Rape and Domestic Violence: The law prohibits rape, although it does not specifically prohibit spousal rape. Rape is punishable by imprisonment with hard labor, but the law does not specify a minimum sentence. The government did not enforce the law effectively.

Domestic abuse, rape, and sexual slavery of women and girls by armed groups threatened their security, and sexual violence was increasingly used as a deliberate tool of warfare. Attackers enjoyed broad impunity. In 2019 MINUSCA verified 322 incidents of conflict-related sexual violence, affecting 187 women, 124 girls, three men, two boys, and six women of unknown age. These incidents included 174 rapes or attempted rapes and 15 cases of forced marriage.

Although the law does not specifically mention spousal abuse, it prohibits violence against any person and provides for penalties of up to 10 years in prison. Domestic violence against women was common, although there are laws and instruments prohibiting violence against women. The government took no known action to punish perpetrators.

As of July the Mixed Unit for the Repression of Violence against Women and the Protection of Children (UMIRR) received 501 complaints from victims of various profiles, including 227 victims of sexual violence (rape, assault, forced marriage) and 232 cases of other form of violence. According to UMIRR, there were 266 reported cases of women who were victims of societal abuse in the country.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls, which is punishable by two to five years’ imprisonment and a moderate to substantial fine.

Nearly one-quarter of girls and women had been subjected to FGM/C, with variations according to ethnicity and region. Approximately one-half of girls were mutilated between ages 10 and 14. Both the prevalence of FGM/C and support for the practice has substantially declined in recent years.

Sexual Harassment: The law prohibits sexual harassment, but the government does not effectively enforce the law, and sexual harassment was common. The law prescribes no specific penalties for the crime.

Reproductive Rights: After recurrent military-political crises, the CAR continued to be characterized by widespread insecurity and impoverishment. The state was largely absent outside of Bangui. This situation created barriers to providing adequate assistance, including health and reproductive care, to vulnerable populations. Many displaced families were in makeshift sites, in the bush, or in fields far from existing basic social services. Of the 814 hospitals and dispensaries in the country, only 55.3 percent were functional in 2015. Anecdotal evidence suggests NGOs were nearly entirely responsible for the provision of healthcare services outside of Bangui.

Couples and individuals have the right to decide freely and responsibly the number, spacing, and timing of children. Nevertheless, most couples lacked access to contraception, prenatal care, skilled attendance during childbirth, and essential obstetric care and postpartum care.

The government has committed to implementing the 1994 International Conference on Population and Development Program of Action held in Cairo. Law number 06.005 of June 20, 2006, authorized abortion for pregnancy resulting from rape. The law prohibits certain acts that endanger sexual and reproductive health, including female genital mutilation/cutting (FGM/C). Article 29 of the law criminalizes all forms of sexual violence and exploitation in all its forms that target women.

Citizens, in particular women and girls, were affected by high rates of conflict-related sexual violence. The country experienced multiple armed conflicts in the last 20 years, and customs and traditions in the country influenced the existence and exacerbation of gender-based violence, in particular sexual violence. Survivors of sexual violence were discriminated against, and the government was unable to provide adequate care, including health and social services to survivors. Sexual violence committed by armed actors increases the risk of spreading of HIV/AIDS and other sexually transmitted infections.

According to UNICEF’s 2018-2019 Multiple Indicator Cluster Survey (MICS) Findings Report, 82.2 percent of women did not use any form of contraceptive. For girls aged 15 to 19 years, 88.7 percent do not use contraception (MICS IV 2018-2019). The World Health Organization reported 22 percent of women said their need for family planning was satisfied with modern methods. The prevalence of HIV among people aged 15 to 49 years was 4.9 percent (MICS 2010; contacts at the Institute Pasteur in Bangui reported the infection rate in the capital was approximately 18 percent. Data from the MICS IV survey (2018-2019) indicated that the infant mortality rate was 100 deaths per 1,000 live births, and 53 percent of deliveries were assisted.

The maternal mortality rate was 829 per 100,000 live births, according to the World Health Organization. The major factor involved in the high maternal death rate was the lack of access to adequate healthcare. Only 18.9 percent of women reported receiving prenatal care for their last pregnancy (MICS IV 2018-2019). Fertility was very high (6.4 per MICS IV 2018-2019), and 42.8 percent of women reported having a child before age 18 (MICS IV 2018-2019). The lack of sexual and reproductive education led to early fertility among girls, which was more prevalent in rural than in urban areas (MICS 2010). These factors partly contributed to high maternal and neonatal mortality. Only 53.4 percent of births in 2006 were attended by qualified health personnel (83 percent in urban areas, 35 percent in rural areas).

Women were victims of many forms of gender-based violence, including FGM/C, sexual violence, and early marriage. This gender-based violence is exacerbated by conflicts. According to the MICS 2006 survey, nearly 45 percent of women suffered physical violence from their husbands or relatives; 51.6 percent suffered verbal abuse, 32.2 percent were raped. According to MICS 2010, 24 percent of women aged 15-49 had undergone some form of FGM/C. Although UNICEF did not yet publish the 2020 MICS, contacts reported FGM/C remained a widespread issue in the country and rates may be higher now than in 2010. No information was available on the FGM/C’s implication on maternal morbidity. The MICS 2010 indicated that the induced abortion rate was 6.9 percent among women aged 15 to 45.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The formal law does not discriminate against women in inheritance and property rights, but a number of discriminatory customary laws often prevailed. Women’s statutory inheritance rights often were not respected, particularly in rural areas. Women experienced economic and social discrimination. Customary law does not consider single, divorced, or widowed women, including those with children, to be heads of households. By law men and women are entitled to family subsidies from the government, but several women’s groups complained of lack of access to these payments for women.

Birth Registration: Children derive citizenship by birth in the national territory or from one or both parents. Birth registration could be difficult and less likely to occur in regions with little government presence. Parents did not always register births immediately. Unregistered children faced restrictions on access to education and other social services. The lack of routine birth registration also posed long-term problems.

Education: Education is compulsory from ages six to 15. Tuition is free, but students have to pay for items such as books and supplies and for transportation. Few Ba’aka, the earliest known inhabitants of the forests in the south, attended primary school. There was no significant government assistance for efforts to increase Ba’aka enrollment.

Child Abuse: The law criminalizes parental abuse of children younger than 15. UMIRR is in charge of investigating abuses against women and children. As of July children’s rights abuses were reported in 42 households. According to UMIRR, 214 girls and seven boys were reported victims of societal abuse.

With the support of UNICEF, Bethanie, a local NGO, provided legal, psychological, and socioeconomic assistance to 900 vulnerable children, including 200 children victims of sexual violence, 100 children accused of witchcraft, 250 children with HIV, and 350 children victims of other forms of violence in the prefecture of Ombella M’poko and Bangui.

Child, Early, and Forced Marriage: The law establishes 18 as the minimum age for civil marriage. A 2017 UNICEF report indicated that 68 percent of girls married before age 18 and 29 percent of girls married before age 15, and that 27 percent of boys married before age 18. The practice of early marriage was more common in Muslim communities. There were reports during the year of forced marriages of young girls to ex-Seleka and Anti-balaka members. The government did not take steps to address forced marriage.

Sexual Exploitation of Children: On June 15, the government enacted the Child Protection Act. The legislation has a series of measures that address the exploitation of minors. The family code prescribes penalties for the commercial exploitation of children, including imprisonment and financial penalties. The minimum age of sexual consent is 18, but it was rarely observed.

Armed groups committed sexual violence against children and used girls as sex slaves (see section 1.g.).

Displaced Children: Armed conflict resulted in forced displacement, with the number of persons fleeing in search of protection fluctuating based on local conditions. The country’s instability had a disproportionate effect on children, who accounted for 64 percent of IDPs, 48 percent of whom were children younger than five, according to a report by the International Organization for Migration (IOM).

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

There was no significant Jewish community, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with both mental and physical disabilities but does not specify other forms of disabilities. It requires that in any company employing 25 or more persons, at least 5 percent of staff must consist of sufficiently qualified persons with disabilities if they are available. The law states that at least 10 percent of newly recruited civil service personnel should be persons with disabilities. There are no legislated or mandated accessibility provisions for persons with disabilities. There were no available statistics concerning the implementation of this provision.

The government did not enact programs to provide access to buildings, information, and communications. The Ministry of Labor, of Employment and Social Protection’s Labor Inspectorate has responsibility for protecting children with disabilities.

Violence by unidentified persons, bandits, and other armed groups against the Peuhl (also known as Fulani or Mbororo), primarily nomadic pastoralists, was a problem. Their cattle wealth made them attractive targets, and they continued to suffer disproportionately from civil disorder in the north. Additionally, since many citizens viewed them as inherently foreign due to their transnational migratory patterns, the Peuhl faced occasional discrimination with regard to government services and protections. In recent years the Peuhl began arming themselves against attacks from farmers who objected to the presence of the Peuhl’s grazing cattle. Several of the ensuing altercations resulted in deaths.

In December 2019 a young man from the subprefecture of Baboua, who was heading to the cattle market, was killed by unidentified armed men. The population of Baboua accused the Peuhl community of being the perpetrators. On December 30, dozens of young persons armed with machetes, knives, and other bladed weapons retaliated against a Peuhl citizen from a neighboring commune of Baboua, killing him.

Discrimination continued against the nomadic pastoralist Peuhl minority, as well as the forest dwelling Ba’aka. The independent High Authority for Good Governance, whose members were appointed in 2017, is tasked with protecting the rights of minorities and those with disabilities, although its efficacy had yet to be proven.

Discrimination against the Ba’aka, who comprise 1 to 2 percent of the population, remained a problem. The Ba’aka continued to have little influence in decisions affecting their lands, culture, traditions, and the exploitation of natural resources. Forest-dwelling Ba’aka, in particular, experienced social and economic discrimination and exploitation, which the government did little to prevent.

The Ba’aka, including children, were often coerced into agricultural, domestic, and other types of labor. They were considered slaves by members of other local ethnic groups, and even when they were remunerated for labor, their wages were far below those prescribed by the labor code and lower than wages paid to members of other groups.

Reports by credible NGOs, including the American Bar Association Rule of Law Initiative, stated the Ba’aka were effectively “second-class citizens,” perceived as barbaric and subhuman and excluded from mainstream society.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The penal code criminalizes consensual same-sex sexual conduct. The penalty for conviction of “public expression of love” between persons of the same sex is imprisonment for six months to two years or a moderate to substantial fine. When one of the participants is a child, the adult could be sentenced to two to five years’ imprisonment or a moderate to substantial fine. There were no reports police arrested or detained persons under these provisions.

While official discrimination based on sexual orientation occurred, there were no reports the government targeted LGBTI persons. Societal discrimination against LGBTI persons was entrenched due to a high degree of cultural stigmatization. The IOM reported the case of an LGBTI person who had to move due to physical violence against him by neighbors due to his sexuality. There were no known organizations advocating for or working on behalf of LGBTI persons.

HIV and AIDS Social Stigma

Persons with HIV/AIDS were subjected to discrimination and stigma, and many individuals with HIV/AIDS did not disclose their status due to social stigma.

Violent conflict and instability in the country had a religious cast. Many, but not all, members of the ex-Seleka and its factions were Muslim, having originated in neighboring countries or in the remote Muslim north, a region the government often neglected.

During the worst of the crisis, some Christian communities formed Anti-balaka militias that targeted Muslim communities, presumably for their association with the Seleka. The Interfaith Religious Platform, which includes Muslim and Christian leaders, continued working with communities to defuse tensions and call for tolerance and restraint. Local leaders, including the bishop of Bossangoa, and internationally based academics warned against casting the conflict in religious terms and thus fueling its escalation along religious lines.

Ethnic killings often related to transhumance movements occurred. The major groups playing a role in the transhumance movements were social groups centering on ethnic identity. These included Muslim Fulani/Peuhl herders, Muslim farming communities, and Christian/animist farming communities. Armed group conflict at times devolved into ethnic violence, such as the Kara/Rounga conflict in Birao. Throughout the year, there were recorded acts of violence among the various ethnic groups–primarily between the Rounga and the Goula ethnic groups. Violence between the groups continued in Birao and spread to Ndele.

The law prohibits the practice of witchcraft. Conviction of witchcraft is punishable by five to 10 years’ imprisonment and a moderate to substantial fine. Individuals accused of sorcery or witchcraft experienced social exclusion. According to a legal advocate, the penal code does not have an established definition of witchcraft, and the state does not typically intervene in these cases. District chiefs often preside over witchcraft trials: however, the accused are also often killed by the local population. For instance, on August 27, local press reported that in the village of Barka-Panziin, in the prefecture of Mambere-Kadei, a 60-year-old woman suspected of witchcraft by the inhabitants was severely beaten by her own children and buried alive by the local population. She was rescued by gendarmes stationed at a timber company located two miles away. Women accused of witchcraft faced the possibility of sexual violence in prison while waiting for their trial or serving their sentence. Those accused of witchcraft reported psychological harm from fearing for their physical safety due to the accusations.

Rape and Domestic Violence: Rape is punishable by eight to 30 years in prison. Nevertheless, rape–including rape of female refugees–was a problem. The law does not specifically address spousal rape, gender of victims, or domestic violence. Police often detained alleged perpetrators, but rape cases were rarely tried. Authorities fined and released most rape suspects, according to local media. Communities sometimes compelled rape victims to marry their attackers.

Although the law prohibits violence against women, domestic violence was widespread. Police rarely intervened, and women had limited legal recourse.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for girls and women, but the practice remained widespread, particularly in rural areas. According to UNICEF, 38 percent of girls and women ages 15 to 49 underwent FGM.

By law FGM/C may be prosecuted as a form of assault, and charges may be brought against the parents of victims, medical practitioners, or others involved. Nevertheless, lack of specific penalties hindered prosecution, and authorities prosecuted no cases. NGOs cited enduring local social norms and limited federal authority in rural areas as major impediments to progress.

The Roman Catholic Church and the CNDH alerted authorities in August of the resurgence of the practice of FGM/C, attributed to lack of enforcement of the law. The Ministry of Women and Early Childhood Protection is responsible for coordinating activities to combat FGM/C.

Sexual Harassment: The law provides penalties for sexual harassment ranging from six months to three years in prison and fines. The government did not enforce the law effectively.

Reproductive Rights: The law provides for the right of couples and individuals to decide freely and responsibly the number, spacing, and timing of their children, to manage their reproductive health, and to have access to the information and means to do so, free from discrimination, coercion, or violence. Many persons, however, lacked access to reproductive information or care, particularly in rural areas. Obstacles to contraception use included the lack of education, the limited supply of contraceptive products, and cultural sensitivities. The government provided some contraception products for free to the public through NGOs. The UN Population Fund (UNFPA) estimated only 24 percent of live births were attended by skilled health personnel between 2014 and 2019. The country had a severe shortage of health-care providers and a significant shortage of nurses, midwives, hospital staff, and specialists, such as obstetricians. Prenatal care remained limited, particularly in rural areas. The government provided limited access to sexual and reproductive health services for survivors of sexual violence due to capacity constraints. In practice, not all survivors of sexual violence received health services.

The UNFPA estimated that in 2017 the maternal mortality rate was 1,140 deaths per 100,000 live births. Factors contributing to maternal mortality included adolescent pregnancies, multiple closely spaced births, and lack of access to medical care.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Although property and inheritance laws provide the same legal status and rights for women as for men, the government did not enforce the laws effectively. Family law discriminates against women, and discrimination against and exploitation of women were widespread. Local leaders settled most inheritance disputes in favor of men, according to traditional practice. There were legal restrictions to women’s employment in occupations deemed dangerous, including mining, construction, and factories.

Birth Registration: Citizenship is derived from birth within the country’s territory or from at least one parent. The government did not register all births immediately and also denied registration on a discriminatory basis.

Education: Although primary education is tuition free, universal, and compulsory between ages six and 16, parents were required to pay for textbooks, except in some rural areas. Parents often were required to pay tuition for public secondary education. According to a UNESCO Institute for Statistics 2019 report, 65 percent of girls attended primary school compared with 83 percent of boys.

Human rights organizations cited the problem of the mouhadjirin, migrant children who attended certain Islamic schools and whose teachers forced them to beg for food and money. There was no reliable estimate of the number of mouhadjirin.

Child, Early, and Forced Marriage: The law sets the minimum age for marriage at 18 for men and women. The law precludes invoking the consent of the minor spouse to justify child marriage and prescribes sentences of five to 10 years’ imprisonment and fines for persons convicted of perpetrating child marriage, although the practice was widespread.

According to UNICEF, 67 percent of girls were married before age 18.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, with punishments of two to five years’ imprisonment and fines. The law specifically addresses the sale, offering, or procuring of children for prostitution. The law prohibits sexual relations with children younger than age 14, even if married, but authorities rarely enforced the ban. The law criminalizes the use, procuring, or offering of a child for the production of pornography, but no cases of child pornography were reported. The country was a destination for some child trafficking in the country, and refugee children from CAR were particularly vulnerable to commercial sexual exploitation.

Medical professionals in N’Djamena reported a sixfold upsurge in sexual assault on underage girls toward the end of the rainy season, attributed to rising insecurity.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no known Jewish community, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities, although it does not specify the types of disability. The government did not effectively enforce the law, according to the Chadian Disability Organization. There are no laws that provide for access to public buildings for persons with disabilities, or other forms of access such as education, health services, the judicial system, or other state services. The government operated education, employment, and therapy programs for persons with disabilities. There were no reports of violence or other abuses against persons with disabilities.

Children with physical disabilities may attend primary, secondary, and higher education institutions. The government supported schools for children with vision or mental disabilities, but they were inadequate.

There were approximately 200 ethnic groups speaking more than 120 languages and dialects.

Conflict between herders and farmers resulted in dozens of deaths and injuries, particularly during November and December. Authorities called for peaceful cohabitation and traveled to provinces in central areas of the country worst hit by violence to mediate and encourage dialogue. On December 24, the government created a disarmament commission to confiscate firearms, which are illegal for private citizens to possess. NGOs stated this conflict persisted due to growing human and cattle populations, competition over scarce resources, and judicial impunity for perpetrators of violence with political or economic connections to authorities.

The government restricted social media and internet access between July and October, citing fears of interethnic violence following a violent incident at the Champ de Fil market (see section 2.a., Internet Freedom).

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between adults, with punishments ranging from three months’ to two years’ imprisonment and fines. The government did not actively enforce this law, although there were reports of police harassment.

The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services.

In a media interview in November, the president stated same-sex marriage “is a negative value” and unacceptable in Africa.

HIV and AIDS Social Stigma

The law provides individuals with HIV or AIDS the same rights as other persons and requires the government to provide information, education, and access to tests and treatment for HIV or AIDS, but authorities rarely complied with the law. According to the Chadian Women Lawyers’ Association, women sometimes were accused of passing HIV to their husbands and were threatened by family members with judicial action or banishment.

The CNDH and local media reported cases of COVID-19 victim stigmatization, particularly in the initial months after the outbreak of the pandemic.

Rape and Domestic Violence: Rape regardless of age or gender is illegal and punishable by five to 10 years’ imprisonment or up to 15 years if the victim is younger than 15. The law does not specifically address spousal rape, but being married to a victim does not exonerate the perpetrator. Authorities prosecuted perpetrators if victims filed charges; otherwise authorities rarely enforced the law. There were reports families or village elders settled many allegations of sexual violence informally through traditional means and without recourse to the formal court system. According to press reports, in October, after the father of an age 12 alleged rape victim filed charges in the village of Mbabani, village leaders evicted him and his family as punishment for bringing the case. After the eviction drew social media attention, the minister of interior mediated with village leaders and the family, and the leaders allowed the wife and children to return, but not the father.

The law treats domestic violence as an aggravating circumstance, including crimes committed by one domestic partner against an existing or former partner. Penalties for conviction include prison sentences up to five years and fines. Courts rarely sentenced or fined convicted perpetrators. No reliable data were available on the extent of the problem. Women rarely filed official complaints. Although officials took action (usually the arrest of the spouse) when reported, domestic violence cases rarely entered the court system.

Sexual Harassment: Sexual harassment is illegal and punishable by fines and imprisonment. It is defined in the labor code as any verbal, nonverbal, or bodily behavior of a sexual nature that has the effect of creating an intimidating, hostile, or humiliating work environment for a person. Although rarely reported due to societal pressure, such harassment was nevertheless a common problem, and authorities did not effectively enforce the law.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Many individuals lacked access to information and the means to manage their reproductive health.

Insufficient awareness, the influence of religious and cultural beliefs, the noninvolvement of men in the reproductive health program, and the low level of education of users reduced access to and use of contraception.

Barriers to skilled health attendance during pregnancy and childbirth included low levels of awareness of available resources. According to the government’s 2012 Multiple Demographic and Health Survey, the rate of births attended by qualified personnel was 82 percent, and 76 percent of expected deliveries were in hospitals.

The government provided access to sexual and reproductive health services, including counseling and legal and medical support, for survivors of sexual violence through government-funded “listening centers” on all three islands.

The maternal mortality rate was 273 deaths per100,000 live births. Major factors in the maternal mortality rate included a lack of access to skilled obstetric care and modern medical facilities, low levels of awareness about available resources, and difficulty traveling to available resources. According to National Health Policy statistics, the use of modern contraceptive methods was higher in urban areas (21 percent) than in rural areas (11 percent). The island of Anjouan had the highest prevalence (15 percent) followed by Grande Comore (14 percent) and Moheli (9 percent).

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for equality of persons without regard to gender, creed, belief, origin, race, or religion, and authorities generally enforced the law effectively. Nevertheless, inheritance and property rights practices favor women. Local cultures are traditionally matrilineal, and all inheritable property is in the legal possession of women. Societal discrimination against women was most apparent in rural areas, where women were mostly limited to farming and child-rearing duties, with fewer opportunities for education and wage employment. While men can transmit citizenship to their wives, the law does not permit women to transmit citizenship to their husbands.

Birth Registration: Any child having at least one citizen parent is considered a citizen, regardless of where the birth takes place. Any child born in the country is a citizen unless both parents are foreigners. Children of foreign parents may apply for citizenship if they have at least five years’ residency at the time they apply. Authorities did not withhold public services from unregistered children, and they did not adjudicate birth registration in a discriminatory manner.

Education: Universal education is compulsory until age 12. No child younger than 14 may be prevented from attending school. An approximately equal number of girls and boys attended public schools at the primary and secondary levels, but fewer girls graduated.

Child Abuse: Official statistics revealed cases of abuse when impoverished families sent their children to work for relatives or wealthy families, usually in the hope of obtaining a better education for their children. The government-affiliated NGO Listening and Counseling Service, funded by the government and UNICEF, had offices on all three islands to provide support and counseling for abused children and their families. The NGO routinely referred child abuse cases to police for investigation. Police conducted initial investigations of child abuse and referred cases to the Morals and Minors Brigade for further investigation and referral for prosecution if justified by evidence. If evidence was sufficient, authorities routinely prosecuted cases.

In August the Criminal Court of Moroni conducted special hearings on sexual assault, resulting in 14 convictions from a review of 21 cases. On August 18, the court sentenced Quranic teacher Oustadh Mohamed Ahmed Aboubacar to 10 years in prison for the rape of a girl age 10.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 for both boys and girls. According to UNICEF, 32 percent of girls were married before age 18 and 10 percent before age 15. The government engaged in prevention and mitigation efforts.

Sexual Exploitation of Children: The law considers unmarried persons younger than 18 to be minors and prohibits their sexual exploitation, prostitution, and involvement in pornography; it does not specifically address sale, offering or procuring for prostitution. The law states that 18 is the minimum age for consensual sex. The law criminalizes some forms of child sex trafficking and prescribes penalties of 10 to 20 years’ imprisonment and a substantial fine. The law requires a demonstration of force, fraud, or coercion to constitute a child sex trafficking offense. All forms of child sex trafficking, including those that did not include such means, could be addressed under provisions that criminalize child sexual exploitation, with penalties of five to 10 years’ imprisonment and a fine. Conviction of child pornography is punishable by fines or imprisonment. Since there were no official statistics regarding these matters and no reports in local media of cases, prosecutions, or convictions relating to either child sex trafficking or child pornography, it was unclear if authorities consistently enforced the law.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no known Jewish population, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. The law mandates access to buildings, information, communication, education, and transportation for persons with disabilities. The government did not effectively enforce the law. Despite the absence of appropriate accommodation for children with disabilities, such children attended mainstream schools, both public and private.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual activity between adults is illegal, and conviction is punishable by up to five years’ imprisonment and a fine. Authorities reported no arrests or prosecutions for same-sex sexual activity and did not actively enforce the law. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons generally did not publicly reveal their sexual orientation due to societal pressure. There were no local LGBTI organizations.

No laws prohibit discrimination against LGBTI persons in housing, employment, nationality, and access to government services.

Rape and Domestic Violence: The law criminalizes rape of women, including spousal rape, and separately criminalizes “lascivious abuse” against both genders. The government enforced both laws. Penalties for rape are at least four years’ imprisonment. Several reports from women’s rights advocacy groups, however, suggested that crimes against women were underreported and that the state failed to investigate many cases. The government recognized the high rate of femicide for the first time in a report released in 2019, but as of October officials had not responded to requests from human rights activists for a comprehensive law against gender-based violence, despite increasing reports of femicide during the pandemic. The online platform Yo Si Te Creo (I do believe you) documented at least 32 victims of femicide, including 29 Cuban women, two Canadian women, and three minors. Official media sources failed to report any of these killings.

The government specifically targeted activists organizing a campaign called the Red Femenina de Cuba (Cuban Women’s Network) that asked the state to update information on crimes against women, train officials to handle crimes against women, and define gender-based violence in the law. Police also targeted for harassment small groups of women assembling to discuss women’s rights and gender matters more broadly. The government opposed any non-state-sponsored programs that focused on gender violence.

Security officials often refused to take serious action on cases of sexual violence, including several cases where security officials were themselves implicated. In September several soldiers were caught raping a 13-year-old girl. Three men were arrested, but other suspects fled, and those who were arrested were freed the next day. The mother of the victim told the Red Femenina she went to police to protest and was told that police did not have resources to investigate the case and that trials were paused due to COVID-19 anyway. She said the officer warned her that bringing further attention to the case in the independent press or on social networks would be “counterrevolutionary” and could result in her arrest.

The law prohibits all threats and violence but does not recognize domestic violence as a distinct category of violence. Penalties for violence range from fines to prison sentences of varying lengths, depending on the severity of the offense.

Sexual Harassment: The law provides penalties for sexual harassment, with potential prison sentences of three months to five years. The government did not release any statistics on arrests, prosecutions, or convictions for offenses related to sexual harassment during the year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. It is not clear whether individuals have the right to manage their reproductive health, or whether they had access to the information and means to do so free from discrimination, coercion, or violence. Many women, especially poor and young mothers, were required to spend their pregnancies in a state-run maternity home and could be involuntarily committed there if they were deemed noncompliant with a physician’s advice. These establishments provided steady nutrition and access to medical care; however, they could deprive expecting mothers of the support of their partners, families, and communities. (See Coercion in Population Control subsection.)

No legal, social, or cultural barriers affected access to contraception. The government, however, was the sole legal importer of all goods, which resulted in constant acute shortages of contraceptive products–particularly condoms. Nearly all births were attended by a skilled health worker, whom the law requires be employed by the state. It is illegal for private citizens–no matter their qualifications–to provide health attendance during pregnancy and childbirth.

By law the government provides access to sexual, psychosocial, and reproductive health services for survivors of sexual violence; in practice, however, the health care provided by the state was insufficient to meet survivors’ needs.

Coercion in Population Control: There were some reports of abortions performed by government health authorities without clear consent from the mother. For example, doctors were documented as having performed abortions or pressured mothers into having an abortion when ultrasound scans revealed fetal abnormalities because “otherwise it might raise the infant mortality rate.” Health authorities used abortions to improve infant mortality statistics artificially by preventing marginally riskier births in order to meet centrally fixed targets.

Discrimination: The law accords women and men equal rights, the same legal status, and the same responsibilities with regard to marriage, divorce, parental duties, home maintenance, and employment. No information was available on whether the government enforced the law effectively.

Birth Registration: Citizenship is normally derived by birth within the country’s territory, and births were generally registered promptly.

Child, Early, and Forced Marriage: The legal minimum age of consent for marriage is 18. Marriage for girls age 14 or older and for boys 16 or older is permitted with parental consent. According to UNICEF, 26 percent of girls were married before 18, with higher prevalence in the provinces of Oriente and Centro.

Sexual Exploitation of Children: Prostitution is legal for individuals age 16 and older. There is no statutory rape law, although penalties for rape increase as the age of the victim decreases.

The law imposes seven to 15 years’ imprisonment for pornographic acts involving minors younger than 16. The punishment may increase to 20 to 30 years or death under aggravating circumstances. The law does not criminalize the possession of pornography, but it punishes the production or circulation of any kind of obscene graphic material with three months’ to one year’s imprisonment and a fine. The offer, provision, or sale of obscene or pornographic material to minors younger than 16 is punishable by two to five years in prison.

Child trafficking across international borders is punishable by seven to 15 years’ imprisonment.

The law does not establish an age of consent, but sexual relations with children younger than 16 may be prosecuted if there is a determination of rape. In such cases the law leaves room for consideration of possible consent and the age of the other person, especially if the other person is also a minor. Penalties vary based on the age of the victim, ranging from four to 10 years’ imprisonment if the victim is age 14 or 15, up to 15 to 30 years’ imprisonment or death if the victim is younger than 12.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were between 1,000 and 1,500 members of the Jewish community. There were several reports of anti-Semitic acts.

In December 2019 local officials ruled against a Jewish family in Nuevitas, Camaguey, who had fought to exercise their children’s right to wear religious headgear (a kippah) in school. The children’s father, Olaine Tejada, said that Mary Vidal, a local state prosecutor, forced him to sign a legal document acknowledging that if his children came to school wearing a kippah on January 6, he and his wife, Yeliney Lescaille, would be arrested and charged with “acts against the normal development of a minor,” with a potential one-year prison sentence. This followed a long history of the children being threatened with expulsion and bullied by schoolmates because of their faith. Tejada said the family would appeal to higher authorities to reinstate their rights. No further developments were reported during the year.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

No law prohibits discrimination against persons with disabilities. The Ministry of Labor and Social Security oversees the Employment Program for Persons with Disabilities. The law recommends that buildings, communication facilities, air travel, and other transportation services accommodate persons with disabilities, but these facilities and services were rarely accessible to such persons.

A large number of persons with disabilities who depended on the state for their basic needs struggled to survive due to inattention and a lack of resources. Some persons with disabilities who opposed the government were denied membership in official organizations for persons with disabilities, such as the National Association for the Blind. As a result they were denied benefits and services, which included 400 minutes of telephone usage, training in the use of a white cane and in braille, and reduced fares on public transportation.

Afro-Cubans often suffered racial discrimination, and some were subject to racial epithets and beatings by security agents in response to political activity. Afro-Cubans also reported employment discrimination, particularly for positions of prominence within the tourism industry, media, and government. Employment advertisements were allowed to be openly sexist and racist. Police violence intensified during the year, disproportionately affecting Afro-Cubans. Police targeted Afro-Cubans for abuse during enforcement of laws requiring mask-wearing in public and against informal commercial activity. The economic crisis disproportionately affected Afro-Cubans, as seen in the scarce distribution of food and continuous water shortages affecting Havana’s Afro-Cuban neighborhoods. Although the regime’s defenders pointed to a few high-ranking Afro-Cuban officials, Afro-Cubans remained severely underrepresented in ministerial positions and the Politburo, and they were completely absent from the highest ranks of the Revolutionary Armed Forces and Ministry of Interior–seen as the country’s true power centers.

Journalist Abraham Jimenez Enoa, hired on June 15 as a regular contributor to a foreign newspaper’s opinion page, was put under house arrest after the newspaper published an article on June 29 regarding Hansel Hernandez Galiano’s death in which Jimenez said police violence in the country was racist. State media subsequently formally attacked the foreign newspaper in a coordinated print and television campaign, and security officials arrested Jimenez multiple times on charges that observers considered baseless.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation in employment, housing, citizenship, education, and health care but does not extend the same protections to transgender or intersex individuals based on gender identity or gender expression.

The government did not recognize domestic human rights groups or permit them to function legally. Several unrecognized NGOs that promoted LGBTI human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.

Despite a history of state-sanctioned events in support of the LGBTI community, the state-funded National Center for Sex Education was muted in its support for the LGBTI community after canceling its annual conga (gay pride march) against homophobia in 2019. Ariel Ruiz Urquiola, a biologist and activist for environmental justice and LGBTI rights, alleged the government deliberately infected him with HIV while he was detained after a peaceful protest for gay rights in the wake of 2019’s cancelled pride march. He maintained that he always practiced safe sex and asserted that the government knowingly injected him with HIV when he was hospitalized during a hunger strike to discredit him because of the social stigma of HIV in the country.

HIV and AIDS Social Stigma

The government operated four prisons exclusively for inmates with HIV or AIDS; some inmates were serving sentences for “propagating an epidemic.” Hospitals and clinics sometimes discriminated against patients with HIV.

Special diets and medications for patients with HIV were routinely unavailable, sometimes resulting in the patients’ deaths from neglect.

Political prisoner Maikel Herrera Bones, a person with HIV who was a member of UNPACU, said prison officials withheld HIV treatment from him to pressure him into silence. Herrera Bones was arrested on April 16 after arguing with a plainclothes police officer about blackouts in his Havana neighborhood. Accused of simple assault, Herrera Bones said he had not been tried in court by year’s end.

Rape and Domestic Violence: The law on sexual violence criminalizes rape, but the offense was not always reported by victims, and the law was not always enforced. Rape was common. The legal definition of rape does not include spousal rape or intimate partner rape. It also prohibits extrajudicial settlements (for example, a customary fine paid by the perpetrator to the family of the victim) and forced marriage, allows victims of sexual violence to waive appearance in court, and permits closed hearings to protect confidentiality. The minimum penalty prescribed for conviction of rape is a prison sentence of five years, and courts regularly imposed such sentences in rape convictions. Some prosecutions occurred for rape and other types of sexual violence.

From January through June, the UNJHRO reported at least 436 women and 183 girls were victims of sexual and gender-based violence in conflict-affected areas. IAGs frequently used rape as a weapon of war (see section 1.g.).

Government agents raped and sexually abused women and girls during arrest and detention, as well as during the course of military action. MONUSCO reported 148 cases of sexual violence attributed to FARDC and PNC agents as of June 30. The UNJHRO stated nearly one-third of sexual violence cases committed against girls were committed by the SSF. While it was a problem throughout the country, the majority of cases took place in areas affected by internal conflict. The PNC continued its nationwide campaign, with support from MONUSCO, to eliminate sexual and gender-based violence by the SSF, including through the fight against impunity and the protection of victims and witnesses. The campaign operationalizes the national action plan to combat sexual and gender-based violence; however, as of year’s end the plan had not been fully funded and few activities had taken place.

On July 7, Colonel Jean Daniel Apanza, head of the military’s internal commission to combat sexual violence, reaffirmed the FARDC’s principle of “zero tolerance for cases of sexual violence.”

MONUSCO reported that on January 15, the military court in Bukavu, South Kivu Province, convicted one FARDC soldier and one PNC officer on charges of rape. The soldier and officer were sentenced to 20 years in prison each. During the same hearing, five other FARDC soldiers were convicted of other human rights abuses and received prison sentences.

Most survivors of rape did not pursue formal legal action due to insufficient resources, lack of confidence in the justice system, family pressure, and fear of subjecting themselves to humiliation, reprisal, or both.

The law does not provide any specific penalty for domestic violence despite its prevalence. Although the law considers assault a crime, police rarely intervened in perceived domestic disputes. There were no reports of judicial authorities taking action in cases of domestic or spousal abuse.

Female Genital Mutilation/Cutting (FGM/C): The law describes FGM/C as a form of sexual violence and provides for a sentence of two to five years in prison and substantial fines if convicted; in case of death due to FGM/C, the sentence is life imprisonment.

Other Harmful Traditional Practices: UNICEF and MONUSCO attributed some abuses of children, including sexual violence against young girls, to harmful traditional and religious practices. Perpetrators allegedly targeted children because they believed harming children or having sex with virgins could protect against death in conflict.

Sexual Harassment: Sexual harassment occurred throughout the country. The law prohibits sexual harassment and stipulates a minimum sentence of one year if convicted, but there was little or no effective enforcement of the law.

Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children, free from coercion, discrimination, or violence. Many couples and individuals lacked the means and access to information to enjoy these rights. The law also recognizes the rights of all couples and individuals of reproductive age to benefit from information and education on contraception and to have free access to reproductive health services.

According to the UNFPA, during the year 28 percent of women and girls ages 15 to 49 had their demand for family planning with modern methods satisfied. Challenges affecting access to family planning and reproductive health services included a failing transportation infrastructure, funding shortfalls for procuring adequate quantities of contraceptives, and poor logistics and supply chain management leading to frequent stock shortages. Cultural norms favoring large families; misinformation surrounding contraceptive use, including fear that contraception causes infertility; and, especially, the population’s general low capacity to pay for contraceptive services were also barriers.

The adolescent birth rate was 138 per 1,000 girls ages 15 to 19.

The government provided access to sexual and reproductive health services to survivors of sexual and gender-based violence. The services were free and intended to provide a postexposure prophylaxis kit within 72 hours to avoid unwanted pregnancy and sexually transmitted diseases.  The government established mobile clinics for survivors in remote areas.

According to the 2013-14 Demographic and Health Survey, the maternal mortality ratio was 846 deaths per 100,000 live births, despite sustained high usage of health facilities for deliveries, which suggested a poor quality of health services. Geographic barriers, lack of appropriate equipment, and low health professional capacity also hindered the provision of quality maternal and child health services and led to high maternal mortality and childbirth complications, such as obstetric fistula.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution prohibits discrimination based on gender, but the law does not provide women the same rights as men. The law provides women a number of protections. It permits women to participate in economic domains without approval of male relatives, provides for maternity care, disallows inequities linked to dowries, and specifies fines and other sanctions for those who discriminate or engage in gender-based abuse. Women, however, experienced economic discrimination. There were legal restrictions on women in employment–including limitations on occupations considered dangerous–but no known restrictions on women’s working hours.

According to UNICEF, many widows were unable to inherit their late husbands’ property because the law states that in event of a death in which there is no will, the husband’s children, including those born out of wedlock (provided they were officially recognized by the father), rather than the widow, have precedence with regard to inheritance. Courts may sentence women found guilty of adultery to up to one year in prison, while adultery by men is punishable only if judged to have “an injurious quality.”

Birth Registration: The law provides for the acquisition of citizenship through birth within the country or from either parent being of an ethnic group documented as having been located in the country in 1960. The government registered 25 percent of children born in some form of medical facility. Lack of registration rarely affected access to government services.

Education: The constitution provides for tuition-free and compulsory primary education. Despite President Tshisekedi’s policy of free primary education, the government was unable to provide it consistently in all provinces. Public schools generally expected parents to contribute to teachers’ salaries. These expenses, combined with the potential loss of income from their children’s labor while they attended class, rendered many parents unable or unwilling to enroll their children. Primary and secondary schools were closed during the COVID-19 state of emergency.

Secondary school attendance rates for girls were lower than for boys due to financial, cultural, or security reasons, including early marriage and pregnancy for girls. There were reports of teachers pressuring girls for sexual favors in return for higher grades.

Many of the schools in the east were dilapidated and closed due to chronic insecurity. Schools were sometimes targeted in attacks by IAGs. Parents in some areas kept their children from attending school due to fear of IAG forcible recruitment of child soldiers.

Child Abuse: Although the law prohibits all forms of child abuse, it regularly occurred. The constitution prohibits parental abandonment of children accused of sorcery. Nevertheless, parents or other care providers sometimes abandoned or abused such children, frequently invoking “witchcraft” as a rationale. The law provides for the imprisonment of parents and other adults convicted of accusing children of witchcraft. Authorities did not implement the law.

Many churches conducted exorcisms of children accused of witchcraft. These exorcisms involved isolation, beating and whipping, starvation, and forced ingestion of purgatives. According to UNICEF some communities branded children with disabilities or speech impediments as witches. This practice sometimes resulted in parents’ abandoning their children.

Child, Early, and Forced Marriage: While the law prohibits marriage of boys and girls younger than age 18, many marriages of underage children took place. Bridewealth (dowry) payment made by a groom or his family to the relatives of the bride to ratify a marriage greatly contributed to underage marriage, as parents forcibly married daughters to collect bridewealth or to finance bridewealth for a son.

The constitution criminalizes forced marriage. Courts may sentence parents convicted of forcing a child to marry to up to 12 years’ hard labor and a fine. The penalty doubles when the child is younger than age 15.

Sexual Exploitation of Children: The minimum age of consensual sex is 18 for both men and women, and the law prohibits prostitution by anyone younger than age 18. The penal code prohibits child pornography, with imprisonment of 10 to 20 years for those convicted. The law criminalizes child sex trafficking, with conviction carrying penalties ranging from 10 to 20 years’ imprisonment and a heavy fine. From January through June, UNICEF assisted 2,018 children (1,999 girls and 19 boys) who were victims of sexual exploitation. Most of these children were provided with a holistic response including psychosocial care, medical care, socioeconomic reintegration, and legal assistance.

There were also reports child soldiers, particularly girls, faced sexual exploitation (see section 1.g.).

Displaced Children: According to the 2007 Rapid Assessment, Analysis, and Action Planning Report, which was the most recent data available, there were an estimated 8.2 million orphans, children with disabilities, and other vulnerable children in the country. Of these, 91 percent received no external support of any kind and only 3 percent received medical support. In 2019 the NGO Humanium estimated 70,000 children lived on the streets, with at least 35,000 in Kinshasa. The families of many of these children forced them out of their homes, accusing them of witchcraft and causing misfortune.

UNICEF registered 2,646 orphans who lost parents to the Ebola virus, during an outbreak in the eastern part of the country that was officially declared ended on June 25. During the outbreak 1,604 children were separated from their parents–either because they were isolated after being in contact with an Ebola-affected individual or because their parents were undergoing treatment. These children received psychosocial support in UNICEF-supported nurseries.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The country had a very small Jewish population, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities and requires the state to promote their participation in national, provincial, and local institutions. The constitution states all persons should have access to national education. The law states private, public, and semipublic companies may not discriminate against qualified candidates based on disability. The government did not enforce these provisions effectively, and persons with disabilities often found it difficult to obtain employment, education, and other government services.

As of November the law did not mandate access to government buildings or services for persons with disabilities including access to health care, information, communication, transportation, the judicial system, or other state services. While persons with disabilities may attend public primary and secondary schools and have access to higher education, no reasonable accommodations are required of educational facilities to support their full and equal inclusion. Consequently, 90 percent of adults with disabilities did not achieve basic literacy. The Ministry of Education increased its special education outreach efforts but estimated it was educating fewer than 6,000 children with disabilities.

Disability groups reported extensive social stigmatization, including children with disabilities being expelled from their homes and accused of witchcraft. Families sometimes concealed their children with disabilities due to shame.

Ethnic Twa persons frequently faced severe societal discrimination and had little protection from government officials (see section 1.g.).

There were reports of societal discrimination and violence against foreign minority groups.

Estimates of the country’s indigenous population (Twa, Baka, Mbuti, Aka, and others believed to be the country’s original inhabitants) varied greatly, from 250,000 to two million. Societal discrimination against these groups was widespread, and the government did not effectively protect their civil and political rights. Most indigenous persons took no part in the political process, and many lived in remote areas. Fighting in the east between IAGs and the SSF, expansion by farmers, and increased trading and excavation activities caused displacement of some indigenous populations.

While the law stipulates indigenous populations receive 10 percent of the profits gained from use of their land, this provision was not enforced. In some areas, surrounding tribes kidnapped and forced indigenous persons into slavery, sometimes resulting in ethnic conflict (see section 1.g.). Indigenous populations also reported high instances of rape by members of outside groups, which contributed to HIV/AIDS infections and other health complications.

On August 8, the International Day for Indigenous Peoples, President Tshisekedi gave a speech condemning the social stigmatization and lack of economic opportunity for the “pygmy” people.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While no law specifically prohibits consensual same-sex sexual conduct between adults, individuals engaging in public displays of consensual same-sex sexual conduct, such as kissing, were sometimes subject to prosecution under public indecency provisions, which society rarely applied to opposite-sex couples. A local NGO reported authorities often took no steps to investigate, prosecute, or punish officials who committed abuses against FLGBI persons, whether in the security forces or elsewhere in the government, and impunity for human rights abuses was a problem.

Identifying as lesbian, gay, bisexual, transgender, or intersex remained a cultural taboo, and harassment by SSF and judiciary occurred.

LGBTI individuals were subjected to harassment, stigmatization, and violence, including “corrective” rape. Some religious leaders, radio broadcasts, and political organizations played a key role in supporting discrimination against LGBTI individuals.

LGBTI persons in South Kivu Province reported that in 2018 a coalition of revivalist churches in Bukavu published materials characterizing LGBTI persons as against the will of God. The publications contributed to a deteriorating environment for LGBTI rights in the area. Advocates in the eastern part of the country reported arbitrary detentions, acts of physical violence, including beatings, being stripped naked, sexual abuse in public settings, and rape. In some cases LGBTI persons were forced by threats of violence to withdraw from schools and other public and community institutions.

HIV and AIDS Social Stigma

The law prohibits discrimination based on HIV status, but social stigma continued.

The Demographic and Health Survey 2013-14 captured a proxy indicator measuring the level of tolerance of respondents towards an HIV-positive person (either family member, businessperson, or teacher) and the necessity of hiding the HIV-positive status of a family member. A total of 72 percent of respondents said they were ready to take care of an HIV-positive parent, but only 47 percent expressed willingness to purchase produce from an HIV-positive seller. A total of 49 percent of respondents would accept having an HIV-positive teacher teach their children, and 26 percent said it would not be necessary to hide the HIV status of a family member. The study estimated a global tolerance level towards HIV-positive persons at 4 percent in women and 12 percent in men.

Discrimination against persons with albinism was widespread and limited their ability to marry and obtain employment, health care, and education. Families and communities frequently ostracized persons with albinism. Civil society groups reported albinos were killed and their bodies disinterred from their graves and cut up for use in rituals meant to grant special power to anyone, from soccer teams to political campaigns, for example.

Long-standing ethnic tensions also fueled some community violence. During the first half of the year, Hutu populations in North Kivu were subject to forced displacement by both the SSF and IAGs operating in the area. Intercommunal violence between Hema and Lendu groups in Ituri Province resulted in killings and displacement (see section 1.g.).

Rape and Domestic Violence: The law includes sentences of up to 20 years’ imprisonment for conviction of rape but does not address spousal rape. The law prohibits “torture and barbaric acts” against a spouse, specifying penalties of up to 20 years’ imprisonment for convicted perpetrators. A law passed in February allows for the protection and care of women and children who are victims of violence (Protection Law), and specifically enumerates protection against domestic violence, harmful cultural practices, sexual harassment, and discrimination. The law instructs ministries and public institutions to take all necessary measures to prevent and combat violence against women and children, including “economic violence,” such as any discrimination that would lead to preventing a woman’s economic or financial development.

The government made significant efforts to address the problems of violence against women. The National Union of Djiboutian Women (UNFD), a nonprofit organization for the empowerment of women, chaired by the first lady, was actively working with the government to improve the lives of women. UNFD’s Cellule d’Ecoute (Listening Committee) addresses issues of violence against women and girls and works in partnership with the ministries of health, justice, defense, women and family, interior, and Islamic and cultural affairs. This committee refers cases to the Ministry of Justice when abuse is violent or to the council on sharia for divorce proceedings.

The National Gendarmerie has a special unit for cases of gender-based violence. During the year it noted and addressed an increase of domestic violence during the COVID-19 confinement and quarantine requirements. Officials at the Ministry of Justice reported victims of rape and domestic violence often avoided the formal court system in favor of settlements between families. Through the Protection Law, however, the government made strides to address the issue including by creating a support fund for victims of violence and creating integrated care centers that provide medical care and psychosocial support.

International media reported cases of domestic violence in refugee villages, although the status of subsequent investigations was unknown. UNFD placed a full-time staff member in all refugee settlements to provide support for domestic violence victims.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but rates remained high. Reports stated that 78 percent of girls and women older than 15 had been subjected to FGM/C, a drop from previous studies that put the rate at more than 90 percent. The law sets punishment for conviction of FGM/C at five years’ imprisonment and a substantial fine, and NGOs may file charges on behalf of victims. The law also provides for up to one year’s imprisonment and a substantial fine for anyone convicted of failing to report a completed or planned FGM/C to the proper authorities.

The government took measures to address the problem. On October 25, authorities enforced the first-ever FGM/C case of a 10-year-old victim. The mother and the professional cutter were both arrested and brought before a judge, who issued them a warning and mandated that they each serve six months of detention if they were to reoffend. The government is supportive of efforts by international and national NGOs to provide training and education concerning the harmful effects of FGM/C. Additionally, the country’s religious leaders took a stance against FGM/C, declaring that the belief that the rationale “purifies young girls” has no basis in Islam. Despite the government’s efforts, major obstacles include high rates of illiteracy, difficulty of enforcement, and deep-seated societal traditions.

Sexual Harassment: The Protection Law prohibits sexual harassment. Anecdotal information suggested such harassment continued, but the government made the empowerment of women one of its top priorities.

Reproductive Rights: Individuals have the legal right to decide the number, spacing, and timing of their children. In practice, particularly in the rural areas, individuals were subject to the pressures of tradition, religion, and custom. Individuals have the right to manage reproductive health and to have access information and birth control. No discrimination, coercion, or violence was reported at health centers and birth-control dispensaries. Women could obtain birth control without the consent of their husbands or male partners. No legal, social, or cultural barriers affected access to skilled health attendance during pregnancy, but there was a lack of facilities.

The government offered access to sexual and reproductive health services for survivors of sexual violence, including survivors of conflict-related sexual violence; however, there was no data available on victims’ use of reproductive health information or health facilities.

Statistics from 2017 indicated a high maternal death rate of 383 deaths per 100,000 live births. Home births were the norm in rural areas. According to the UNFPA, the fertility rate per women was 2.6. Sixteen percent of women of reproductive age used modern methods for family planning. Skilled health personnel attended 28.6 percent of births between 2006 and 2014; more recent statistics for health personnel attendance were unavailable.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for equal treatment of citizens regardless of gender, but custom and traditional societal discrimination resulted in a secondary role for women in public life and fewer employment opportunities in the formal sector (see section 7.d.).

Birth Registration: Citizenship derives from a child’s parents. The government encouraged prompt registration of births, but confusion regarding the process sometimes left children without proper documentation. Lack of birth registration did not result in denial of most public services but did prevent youth from completing higher studies and adults from voting.

Education: Although primary education is compulsory, only an estimated three of every four children were enrolled in school. Primary and middle school are tuition free, but other expenses are often prohibitive for poor families.

Child Abuse: Child abuse existed but was not frequently reported or prosecuted. The government sought to combat child abuse by establishing the National Commission for Youth and nominating a specialist judge to try cases involving child abuse.

Child, Early, and Forced Marriage: Although the law fixes the minimum legal age of marriage at 18, it provides that “marriage of minors who have not reached the legal age of majority is subject to the consent of their guardians.” Child, early, and forced marriage occasionally occurred in rural areas. The Ministry for the Promotion of Women and Family Planning, as well as UNFD, worked with women’s groups throughout the country to protect the rights of girls, including the right to decide when and whom to marry.

Sexual Exploitation of Children: The law provides for three years’ imprisonment and a substantial fine if convicted of the commercial exploitation of children. The law does not specifically prohibit statutory rape, and there is no legal minimum age of consent. The sale, manufacture, or distribution of all pornography, including child pornography, is prohibited, and are punishable by one year’s imprisonment and a substantial fine.

The government in 2016 enacted a law against trafficking in persons (TIP) that prohibits human trafficking and outlines definitions distinguishing trafficking and smuggling. The law states that the “means” element (referring to force or other forms of coercion) generally needed to prosecute TIP cases is not required when the victim is a minor.

Despite government efforts to keep at-risk children off the streets and to warn businesses against permitting children to enter bars and clubs, children were vulnerable to sex trafficking on the streets and in brothels.

Displaced Children: There is a significant population of migrant children due to the country’s location as a transit point for migrants, especially from Ethiopia, who seek to transit to Yemen and ultimately to the Arabian Peninsula. An NGO operates the only facility in the country to look after these “street children.”

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Observers estimated the Jewish community at fewer than 30 persons, the majority of whom were foreign military members stationed in the country. There were no reports of anti-Semitic acts. Djibouti’s indigenous Jewish community emigrated to Israel in 1947 during the French colonial period.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution does not prohibit discrimination against persons with disabilities. In 2018 the government created the National Agency of Handicapped Persons (ANPH). It has responsibility specifically to protect the rights of persons with disabilities and improve their access to social services and employment. The government did not mandate access to government services and accessibility to buildings for persons with disabilities, and buildings were often inaccessible. The law provides persons with disabilities access to health care and education, but it was not enforced.

Authorities held prisoners with mental disabilities separately from other pretrial detainees and convicted prisoners. They received some psychological treatment or monitoring. Families could request confinement in prison for relatives with mental disabilities who had not been convicted of any crime, but who were considered a danger to themselves or those around them. There were no mental health treatment facilities and only one practicing psychiatrist in the country.

The ANPH conducted awareness-raising campaigns, coordinated with NGOs to organize seminars and other events, and encouraged social service providers to improve their systems to serve persons with disabilities better.

The governing coalition included representatives of all the country’s major clans and ethnic groups, with minority groups also represented in senior positions. Nonetheless, there was discrimination based on ethnicity in employment and job advancement. Somali-Issas, the majority ethnic group, controlled the ruling party, UMP. It shared political power with the Afar ethnic group. However, there are multiple rival subclans, and discrimination based on ethnicity and clan affiliation remained a factor in business and politics.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not explicitly criminalize lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or sexual conduct between consenting adults. No antidiscrimination law exists to protect LGBTI individuals. There were no reported incidents of societal violence or discrimination based on sexual orientation, gender identity or expression, or sex characteristics, although LGBTI persons generally did not openly acknowledge their LGBTI status. There were no LGBTI organizations.

HIV and AIDS Social Stigma

There were no reported cases of violence or discrimination against persons with HIV/AIDS, although stigma against individuals with the disease was widespread. Several local associations worked in collaboration with the government to combat social discrimination.

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape, and the government enforced the law. Although the maximum sentence for sexual molestation (rape or incest) is 25 years’ imprisonment, the usual sentence was five to seven years. Whenever possible, female police officers handled rape cases involving female victims. Women were reluctant to report domestic violence to police. The only shelter for victims of gender-based violence remained closed after suffering damage during Hurricane Maria in 2017.

Civil society reported that sexual and domestic violence were common. According to civil society groups, the general population did not acknowledge gender-based violence and domestic violence as problems but the government recognized these forms of violence as both problematic and prevalent. Although no specific laws criminalize spousal abuse, spouses may bring battery charges against their partner.

The law allows abused persons to appear before a magistrate without an attorney and request a protective order, and some persons requested protective orders.

Sexual Harassment: The law does not prohibit sexual harassment. Civil society groups reported it was a pervasive problem.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and had access to the information needed to do so, free from discrimination, coercion, or violence.

The law criminalizes abortion, except to save the life of the mother. Under the law, intentionally and unlawfully causing abortion or miscarriage is punishable by imprisonment for life. The law can be applied to an act by the mother or any other person.

Contraception was widely available. There were no legal or social barriers to accessing contraception, but some religious beliefs and cultural barriers limited its usage.

The government provided access to sexual and reproductive health services for survivors of sexual violence through the Ministry of Health’s Welfare Division and the National Council of Women. Other government departments, including the Bureau of Gender Affairs, the Social Welfare Department, the Adult Education Division, and the Health Services and Housing Division, also assisted victims of sexual and gender-based violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides women with the same legal rights as men. The government generally enforced the law effectively, but property deeds continued to be given to heads of households, who were usually men. The law requires equal pay for civil service positions. Women and men generally received equal salaries for comparable jobs.

Birth Registration: Citizenship is derived by birth within the country’s territory or to a citizen parent. Parents received birth certificates on a timely basis. Failure to register births resulted in denial of access to public services except emergency care.

Child Abuse: The law prohibits child abuse, but according to the government and civil society, it remained a pervasive problem. The government maintained a Child Abuse Prevention Unit responsible for protecting children from all forms of abuse. The unit supported victims by providing counseling, psychological assessments, and other services such as financial assistance to abused children and to family members.

Civil society representatives noted that lesbian, gay, bisexual, transgender, and intersex (LGBTI) children were at particular risk of abuse. They reported that additional support and reforms were needed to support victims of child abuse, including safe and secure reporting and rehabilitation spaces, more and better-trained welfare officers, and reforms to the justice system.

Underage children were often required to testify directly in court against their abusers, who were also physically present, instead of providing prerecorded testimony from more private and secure spaces. Additionally, cases sometimes wended through the court system for years, with children repeatedly being required to attend hearings. Publicly available lists of offenders did not exist. Advocates claimed that the justice system discouraged prosecution of child abuse, discouraged victims from seeking justice, and allowed repeat offenders to continue the cycle of abuse.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 for both men and women, but marriage is permitted at age 16 with parental consent.

Sexual Exploitation of Children: The age of consent for sexual relations is 16. The law prohibits commercial sexual exploitation of children for prostitution, and related activity may be prosecuted under laws against prostitution or trafficking. The law protects all persons from “unlawful sexual connection,” rape, procurement for prostitution, and incest. It prohibits sexual intercourse between a child and an adult and increases the penalty to 25 years of imprisonment for an adult who rapes a child whom the adult employs or controls, or to whom the adult pays wages. The law criminalizes behaviors such as voyeurism.

The maximum sentence for sexual intercourse with a person younger than age 14 is 25 years in prison. When victims are between ages 14 and 16, the maximum sentence is 14 years.

No laws or regulations explicitly prohibit the use of children in pornography or pornographic performances.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There is no organized Jewish community in the country, and there were no reports of discrimination or anti-Semitic acts.

There were no confirmed reports that the country was a source, destination, or transit country for victims of human trafficking.

The law does not specifically prohibit discrimination against persons with disabilities. There were no reports of overt discrimination against persons with disabilities. The government provided partial financial support for a civil society organization focused on advocating for and improving the lives of persons with disabilities, although additional needs remained.

There is no legal requirement mandating access to buildings for persons with disabilities. Few buildings, including public buildings, provided access for persons with physical disabilities.

Children with physical disabilities and those with hearing and vision disabilities were integrated into mainstream schools. The government provided stipends to cover educational expenses in private special-education schools for children with intellectual or mental disabilities. Representatives of civil society organizations reported that accessibility problems existed in the physical environment of schools and with educational accommodations for persons with disabilities.

The population of the Kalinago (Carib) indigenous group was approximately 3,000, most of whom lived in the 3,782-acre Kalinago Territory. The government recognizes their special status, and the Kalinagos’ rights are protected in law and practice. The law establishes the Kalinago Territory and assigns management authority over the territory to the local council, including the exercise of veto power over new infrastructure projects within the territory. Some societal discrimination against the Kalinago existed, most notably against Kalinago children when they attended schools outside the territory. There was no secondary school inside the territory.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual conduct for both men and women is illegal under indecency statutes. The law also prohibits anal intercourse between males. The government reported it rarely enforced either statute, with no instances of the law being enforced through November. Indecency statutes carry a maximum penalty of 12 years in prison, and same-sex sexual conduct between consenting men carries a maximum penalty of 10 years in prison, with the possibility of forced psychiatric confinement upon release.

No laws prohibit discrimination against a person based on sexual orientation, gender identity, gender expression, or sex characteristics in employment, housing, education, or health care.

Anecdotal evidence suggested that strong societal and employment discrimination were common against persons due to their real or perceived sexual orientation, gender identity, gender expression, or sex characteristics. Civil society representatives reported that LGBTI victims of violence or harassment avoided notifying police of abuse because of social stigma and fear of harassment. Representatives further reported that in cases where police were notified of attacks on LGBTI persons, police either rejected or poorly investigated some claims.

Civil society actors reported that some LGBTI individuals were denied access to housing, lost employment, were bullied in schools, and were denied educational and institutional support. Stigma and fear of abuse and intimidation prevented LGBTI organizations from developing their membership or conducting activities such as Pride marches. A representative of one prominent LGBTI organization noted that participation in a Pride celebration would be tantamount to “social suicide,” although the same representative noted that acceptance of LGBTI persons was slowly growing.

HIV and AIDS Social Stigma

Reports from civil society indicated individuals with HIV feared job discrimination if their HIV status became public. This fear resulted in some patients not seeking medical treatment.

Rape and Domestic Violence: Rape is illegal and punishable by 12 to 20 years’ imprisonment and fines. The law does not address spousal rape or the gender of rape victims. The government did not enforce the law effectively, in part due to reluctance of victims and their families to report rape. Even when victims reported rape, police and judicial officials were reluctant to act, particularly if alleged perpetrators were politically connected or members of the police or military.

Domestic violence is illegal. The penalty for conviction of assault ranges from one to 20 years’ imprisonment. Victims were reluctant to report cases, and the government did not enforce the law effectively. Authorities generally treated domestic violence as a private matter to be resolved in the home. Police and the judiciary were reluctant to prosecute domestic violence cases. No statistics were publicly available on prosecutions, convictions, or punishments.

In July, two families in the remote island of Annobon accused soldiers stationed there of raping two underage girls. When the accusations became public, the minister of fisheries stated that the girls were not victims and questioned the lack of supervision by their parents. On July 30, the vice president sent a commission to the island to investigate the allegations. At year’s end authorities had made no arrests.

The Ministry of Social Affairs and Gender Equality mediated some domestic disputes but had no enforcement powers. Police, the Ministry of Interior, and civil society organizations organized several workshops on family violence.

The government-controlled media regularly broadcast public service announcements regarding domestic violence and trafficking in persons, including through commercials.

Sexual Harassment: Although the law prohibits sexual harassment, it continued to be a problem. The government made no effort to address the problem, and no statistics were publicly available.

Reproductive Rights: Heterosexual couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. LGBTI individuals, however, were generally not afforded these rights and protections.

The government provided access to sexual and reproductive health services for sexual violence survivors, including interviews and medical examinations at hospitals and clinics.

According to the World Health Organization (WHO), the maternal mortality rate was 301 per 100,000 live births in 2017. Major factors affecting maternal mortality included poverty, poor medical training, and limited access to health care, especially in rural areas. Prenatal and obstetric care was free in government clinics but limited primarily to the cities of Malabo and Bata. The WHO reported that 68 percent of births were attended by skilled health personnel, but only 21 percent of women of reproductive age had their need for family planning satisfied through modern methods. The birth rate was 176 per 1,000 girls and women ages 15 to 19.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: While the constitution provides for equality between men and women, the law discriminates against women in matters of nationality, real and personal property, and inheritance. The prevalence of negative stereotypes and adverse cultural norms and customs is believed to contribute to discrimination against women.

Custom confined women in rural areas largely to traditional roles. Women in urban areas experienced less overt discrimination but did not enjoy pay or access to employment and credit on an equal basis with men.

The government provided courses, seminars, conferences, and media programs to sensitize the population and government agencies to the needs and rights of women. The Ministry of Social Affairs and Gender Equality held events around International Women’s Day to raise public awareness of these rights. The ministry also provided technical assistance and financial support to rural women.

Birth Registration: Citizenship is derived from (at least) one citizen parent, whether born in the country or abroad, but not automatically from birth on the country’s territory. If both parents are foreigners, a person born in the country can claim nationality at age 18. The Ministry of Health and Social Welfare requires parents to register all births and adjudicates them on a nondiscriminatory basis. Failure to register a child may result in denial of public services.

Education: Education is tuition free and compulsory until age 13, although all students are required to pay for registration, textbooks, and other materials. Most children attended school through the primary grades (sixth grade). Boys and girls generally completed secondary or vocational schooling. The Ministry of Education required teenage girls to take a pregnancy test, and those who tested positive were not allowed to attend school. Domestic work also limited girls’ access to secondary education, especially in rural areas. School enrollment was nearly identical in the elementary grades (50.1 percent for boys vs. 49.9 percent for girls). By high school (50.7 percent for boys vs. 49.3 percent for girls) the percentage of girls declined. Efforts to prevent the spread of COVID-19 resulted in smaller class sizes and additional school sessions. Critics noted this would leave many children outside the classroom due to a lack of space and staff.

Child Abuse: Abuse of minors is illegal, but the government did not enforce the law effectively. Corporal punishment was a culturally accepted method of discipline, including in schools.

Child, Early, and Forced Marriage: The minimum age for marriage is 14. UNICEF reported, using 2011 data, that 9 percent of women were married before age 15 and 30 percent before age 18. Forced marriage occurred, especially in rural areas, although no statistics were available. The Ministry of Social Affairs and Gender Equality operated programs to deter child marriage but did not address forced marriage.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community was small, likely fewer than 100 persons. There were no known reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law does not prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. New buildings must reportedly be accessible to persons with disabilities, but enforcement was unclear. Access to other state services such as health services, information, communications, transportation, and the judicial system are not explicitly provided by law. Persons with disabilities may vote and otherwise participate in civic affairs, but lack of physical access to buildings posed a barrier to full participation. Inaccessible public buildings and schools were an obstacle for persons with disabilities, including some newly constructed government buildings that lacked such access. The government made some efforts to assist persons with disabilities, such as supporting an organization for the blind.

Children with disabilities attended primary, secondary, and higher education, although generally no accommodations were made for their disabilities. A small number of private schools for children with disabilities operated with a combination of public and private funding.

Authorities did not investigate incidents of violence or other abuses against persons with disabilities.

Societal discrimination, harassment by security forces, and political marginalization of minorities were problems (see section 1.d, Arbitrary Arrest, and section 3, Participation of Women and Members of Minority Groups).

The predominant ethnic group, the Fang, dominated politics and the economy. Foreigners were often victimized. Documented and irregular immigrants from Nigeria, Ghana, Cameroon, Mali, Benin, Togo, Gabon, Ethiopia, and other African countries represented a significant portion of the labor force. There were also workers from the Americas, Asia, and Europe. The government continued efforts to require all immigrants have relevant documents, partly to address concerns regarding trafficking in persons. Attention to school attendance generally focused more on citizen children than on their foreign peers.

In public speeches President Obiang frequently referred to foreigners as a security and terrorist threat and warned of a renewal of colonialism.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize same-sex sexual conduct, but societal stigmatization of and discrimination against the LGBTI community was a problem. The government made no effort to combat this stigma and discrimination. The government and laws do not formally recognize or protect the existence of LGBTI persons or groups; no laws prohibit discrimination. The government’s position is that such sexual orientations and gender identities are inconsistent with cultural beliefs. LGBTI individuals were reportedly subjected to additional discrimination and violence by security forces. Authorities did not investigate these abuses.

LGBTI individuals often faced stigma from their families as well as from the government and employers. Families sometimes rejected children and forced them to leave home, often resulting in them quitting school as well. Some LGBTI individuals were removed from government jobs and academia because of their sexual orientation. School officials reportedly denied transgender children access to some educational facilities. There were persistent reports that family members raped LGBTI women in an effort to impregnate them and supposedly convert them to heterosexuality.

HIV and AIDS Social Stigma

Despite frequent public statements and radio campaigns advocating nondiscrimination, including one by President Obiang, there remained stigma around persons with HIV or AIDS, and many individuals kept their illness hidden. The Ministry of Health and Social Welfare estimated that less than half of persons with HIV sought treatment, and that some persons likely avoided the no-cost treatment because of associated social stigma.

Rape and Domestic Violence: Rape is a crime punishable by up to 10 years in prison if convicted, or up to 16 years in aggravated cases (such as those that inflict serious bodily injury, involve a minor or someone under the perpetrator’s care, or involve a group of perpetrators). The law makes no distinction based on the gender of the assailant or the victim. Rape between spouses is punishable only when the spouses have permanently separated.

While the law does not specifically criminalize domestic violence, assault carries a punishment that varies based on the seriousness of the crime, ranging from nine months to 19 years in prison. Authorities rarely intervened in domestic violence cases.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for both women and girls. Government efforts to reduce FGM/C included public awareness campaigns at the local level targeting religious and community leaders. Government reports stated certain regions and subzones were considered 100 percent free of FGM/C practices. Local UN representatives confirmed that the government took FGM/C seriously as a problem and acted credibly to combat the practice. The UN Population Fund worked with the government and other organizations, including the National Union of Eritrean Women and the National Union of Eritrean Youth and Students, on a variety of education programs to discourage the practice.

Sexual Harassment: The law does not specifically criminalize sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and they may do so free from discrimination, coercion, or violence. The Ministry of Health promoted modern contraceptive means and took steps to inform women throughout the country of these means. Contraception was provided free of charge in many cases; however, in more rural areas, women still lacked access or information. The World Health Organization (WHO) reported that from 2010 to 2019 only 21 percent of women of reproductive age had their need for family planning satisfied with modern methods.

While the government took steps to ensure the attendance of skilled health personnel at births, according to the WHO, only 34 percent of births from 2010 to 2019 were so attended. Barriers included education and transportation.

The government provided sexual and reproductive health services for survivors of sexual violence, including emergency contraception and postexposure prophylaxis for HIV.

According to the WHO, the maternal death rate was an estimated 480 deaths per 100,000 live births. The high maternal death rate was likely due to such factors as limited health-care services, particularly in rural areas. No information was available on the adolescent birth rate. While this has traditionally been a problem in the country and likely contributed to high maternal death rates, the government has made a concerted effort to convince individuals to delay marriage and childbirth.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization by government authorities.

Discrimination: Family, labor, property, nationality, and inheritance laws provide men and women the same status and rights. The law requires equal pay for equal work. Nevertheless, women, particularly in rural areas, continued to face economic and social discrimination. The government did not enforce the law effectively.

Birth Registration: A child derives citizenship from having at least one citizen parent, whether the person is born in the country or abroad. Registration of a birth within the first three months requires only a hospital certificate. If not registered, a child may not be allowed to attend school but may receive medical treatment at hospitals.

Education: Education through grade seven is compulsory and tuition free, although students’ families were responsible for providing uniforms, supplies, and transportation. Access to education was not universal, but the government took steps to encourage attendance, including public awareness campaigns and home visits by school officials. In rural areas parents enrolled fewer daughters than sons in school, but the percentage of girls in school continued to increase.

Child Abuse: The law provides that assault of a person incapable of self-defense or against a person for whom the assailant has an obligation to give special care is an aggravated offense. The law also criminalizes child neglect, with a punishment between one and six months’ imprisonment.

Child, Early, and Forced Marriage: The legal minimum age for marriage for both men and women is 18, unless the woman is pregnant or has already had a child, in which case the minimum for both is 16. The minister of justice or someone appointed by the minister may also waive the age requirement. There were no recent statistics on early marriage. Officials spoke publicly on the dangers of early marriage and collaborated with UN agencies to educate the public regarding these dangers, and many neighborhood committees actively discouraged the practice.

Sexual Exploitation of Children: The law criminalizes most commercial sexual exploitation and practices related to child pornography. The use of a child for prostitution, however, is not specifically criminally prohibited. The minimum age for consensual sex is 18.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were no reports of anti-Semitic acts, and the country’s sole remaining Jew maintained the only synagogue without reported government interference.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities. The government implemented programs to assist persons with disabilities, especially combat veterans, and dedicated substantial resources to support and train thousands of persons with physical disabilities. No laws mandate access for persons with disabilities to public or private buildings, information, and communications. There were separate schools for children with hearing, vision, mental, and intellectual disabilities. Most of these schools were private; the government provided some support to them. The Ministry of Labor and Human Welfare is responsible for protecting the rights of persons with disabilities, including mental disabilities.

There were reports governmental discrimination continued against ethnic minorities, particularly against the Afar, one of nine ethnic groups in the country.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity “or any other indecent act,” which is punishable if convicted by five to seven years’ incarceration. The government actively enforced this law. Antidiscrimination laws relating to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons do not exist.

There were no known LGBTI organizations in the country.

Rape and Domestic Violence: The law criminalizes domestic violence and rape, including rape of a spouse or intimate partner. The penalties for conviction of rape are up to 30 years’ imprisonment for first offenders and up to 40 years’ imprisonment for repeat offenders. The penalty for conviction of domestic violence is a substantial fine, up to 15 years’ imprisonment, or both. Several convicted perpetrators received sentences of 10 to 20 years’ imprisonment, and one man was sentenced in August to a total of 55 years’ imprisonment after repeatedly raping his daughter and niece (30 years for rape and 25 for other offenses). In March prosecutors charged the director of the children’s unit in the Deputy Prime Minister’s Office, Lucky Ndlovu, with rape of a minor. Although men remained the primary perpetrators, women have also been arrested and convicted under the law.

Rape remained common, and domestic violence against women sometimes resulted in death. There were few social workers or other intermediaries to work with victims and witnesses to obtain evidence of rape and domestic violence.

Rural women who pursued prosecution for domestic violence in traditional courts often had no relief if family intervention failed, because traditional courts were less sympathetic to women and less likely than courts using Roman-Dutch-based law to convict men of spousal abuse.

Other Harmful Traditional Practices: Accusations of witchcraft were employed against women in family or community disputes that could lead to their being physically attacked, driven from their homes, or both.

Sexual Harassment: The law establishes broad protections against sexual harassment, with penalties if convicted of a monetary fine, 10 years’ imprisonment, or both.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children free from discrimination, coercion, or violence, but they often lacked the information and means to manage their reproductive health.

There was wide access to contraception, including in health facilities, retail stores, public restrooms, and workplaces throughout the country, and most persons had access to reproductive health and contraception information free from discrimination, coercion, or violence. The UN Population Division estimated 68 percent of girls and women ages 15-49 used a modern method of contraception during the year.

According to the World Health Organization, the maternal mortality ratio was 437 deaths per 100,000 live births. This high ratio resulted from a host of factors, one of which was the quality of medical care, but others were patient-dependent factors such as not seeking antenatal care, late presentation to facilities, and home deliveries.

The government provided reproductive health services to victims of gender-based violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women occupied a subordinate role in society. The dualistic nature of the legal system complicated the protection of women’s rights. Since unwritten customary law and custom govern traditional marriage and certain matters of family law, women’s rights often were unclear and changed according to where and by whom they were interpreted. Couples often married in both civil and traditional ceremonies, creating problems in determining which set of rules applied to the marriage and to subsequent questions of child custody, property, and inheritance in the event of divorce or death.

In 2019 the High Court ruled common law “marital power” that formerly denied married women the right to act without their husband’s consent in many instances is unconstitutional. The High Court in 2019 also struck down sections of the law that allowed marital power and spousal property rights to be governed by Swazi law and custom.

Women faced employment discrimination and were prevented from working in some industries (see section 7.d.). The constitution provides for equal access to land, and civil law provides for women to register and administer property, execute contracts, and enter into transactions in their own names.

Girls and women in rural areas faced discrimination by community elders and authority figures. Boys received preference in education. Although customary law considers children to belong to the father and his family if the couple divorce, custody of the children of unmarried parents typically remains with the mother, unless the father claims paternity. When the husband dies, tradition dictates the widow must stay at the residence of her husband’s family in observance of a strict mourning period for one month. Media reported widows heading households sometimes became homeless and were forced to seek public assistance when the husband’s family took control of the homestead. Women in mourning attire were generally not allowed to participate in public events and were barred from interacting with royalty or entering royal premises. In some cases the mourning period lasted up to two years. No similar mourning period applied to men.

The law sets the age of majority at 18. It defines child abuse and imposes penalties for abuse; details children’s legal rights and the responsibility of the state, in particular with respect to orphans and other vulnerable children; establishes structures and guidelines for restorative justice; defines child labor and exploitative child labor; and sets minimum wages for various types of child labor.

Birth Registration: Birth on the country’s territory does not convey citizenship. Under the constitution children derive citizenship from the father, unless the birth occurs outside marriage and the father does not claim paternity, in which case the child acquires the mother’s citizenship. If a Swati woman marries a foreign man, even if he is a naturalized Swati citizen, their children carry the father’s birth citizenship.

The law mandates compulsory registration of births. According to the 2014 Multiple Indicator Cluster Survey, 50 percent of children younger than five were registered, and 30 percent had birth certificates. Lack of birth registration may result in denial of public services, including access to education.

Education: The law requires that parents provide for their children to complete primary school. Parents who do not send their children to school through completion of primary education were required to pay fines for noncompliance. Education was tuition-free through grade seven. The Office of the Deputy Prime Minister received an annual budget allocation to subsidize school fees for orphans and other vulnerable children (OVC) in both primary and secondary school. Seventy percent of children were classified as OVC and so had access to subsidized education through the secondary level.

Child Abuse: The law provides broad protections for children against abduction, sexual contact, and several other forms of abuse. The penalty for conviction of indecent treatment of children is up to 20 or 25 years’ imprisonment, depending upon the age of the victim. Child abuse remained a serious problem, especially in poor and rural households, although authorities have increased prosecutions of such abuse.

Corporal punishment was banned in schools in 2015, and the last reported incident occurred in 2019.

Child, Early, and Forced Marriage: The legal age of marriage is 18 for both boys and girls, but with parental consent and approval from the minister of justice, girls may marry at 16. The government recognizes two types of marriage, civil marriage and marriage under traditional law. In March prosecutors charged director of the children’s unit in the Deputy Prime Minister’s Office Lucky Ndlovu with rape of a minor whom he attempted to marry when she was age 16. Prosecutors argued that the marriage was invalid since the minor lacked the legal capacity to consent.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering, and procuring of children for prostitution, and practices related to child pornography; conviction of these acts carries a substantial fine, up to 25 years’ imprisonment, or both. Children were occasional victims of sex trafficking and commercial sexual exploitation. The law criminalizes “mistreatment, neglect, abandonment, or exposure of children to abuse” and imposes a statutory minimum of five years’ imprisonment if convicted. Although the law sets the age of sexual consent at 16, a 2018 law provides for a penalty of up to 20 years’ imprisonment for conviction of “maintaining a sexual relationship with a child,” defined as a relationship that involves more than one sexual act with a person younger than 18. The government enforced the law effectively, charging at least 163 individuals between January and September, prosecuting dozens of individuals, and sentencing multiple perpetrators to jail for more than 50 years in the most egregious cases.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community is very small, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law protects the rights of persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The law mandates access to health care for persons with disabilities and accessibility to buildings, transportation, information, communications, and public services.

The Deputy Prime Minister’s Office is responsible for upholding the law and for protecting the rights of persons with disabilities. The government did not effectively enforce the law. Persons with disabilities complained of government neglect and a significantly lower rate of school attendance for children with disabilities. Little progress has been made to date in expanding accessibility and access to public services for persons with disabilities, although some newer government buildings, and those under construction, included various improvements for persons with disabilities, including access ramps. Public transportation was not easily accessible for persons with disabilities, and the government did not provide any alternative means of transport.

There were only minimal services provided for persons with disabilities, and there were no programs in place to promote the rights of persons with disabilities. There was one private school for students with hearing disabilities and one private special-education school for children with physical or mental disabilities. The hospital for persons with mental disabilities, located in Manzini, was overcrowded and understaffed.

By custom, persons with disabilities may not be in the presence of the king, because they are believed to bring “bad spirits.” Persons with disabilities were sometimes neglected by families.

Governmental and societal discrimination sometimes occurred against nonethnic Swatis, primarily persons of South Asian descent. Nonethnic Swatis sometimes experienced difficulty in obtaining official documents, including passports, and suffered from other forms of governmental and societal discrimination, such as delays in receiving building permits for houses, difficulties in applying for bank loans, and being required to obtain special permits or stamps to buy a car or house.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

While there are colonial-era common law prohibitions against sodomy, no penalties are specified, and there has never been an arrest or prosecution for consensual same-sex conduct. The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTI persons, although gradually lessening, remained a concern, and LGBTI persons often concealed their sexual orientation and gender identity. LGBTI persons who were open regarding their sexual orientation and relationships faced censure and exclusion from the chiefdom-based patronage system. Some traditional, religious, and government officials criticized same-sex sexual conduct as neither morally Swati nor Christian. Despite these barriers, LGBTI persons conducted several well publicized public events during the year, including a virtual pride celebration and various organized dialogues, all of which occurred without incident. In contrast to prior years, the government invited outspoken LGBTI rights advocates to participate in government-hosted workshops and dialogues designed to improve public policy, promote inclusion, and develop better economic opportunities for the youth.

HIV and AIDS Social Stigma

Although HIV-related stigma and discrimination appeared to be in decline, discriminatory attitudes and prejudice against persons with HIV persisted. Individuals with HIV reported it was difficult or uncomfortable for them to disclose their HIV status and that frequently their status was revealed to others without their permission. The armed forces encouraged testing and did not discriminate against active military members testing positive. Persons who tested HIV-positive, however, were not recruited by the armed forces.

The constitution and law provide for equality of all persons; no person shall be treated in a discriminatory manner because of race, color, gender, language, religion, political or other opinion, national or social origin, property, birth, or other status. Legal provisions against discrimination do not apply to adoption, marriage, divorce, burial, and inheritance of property. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education.

There were no reports the government failed to enforce the law.

Rape and Domestic Violence: The law criminalizes the rape of individuals–without reference to gender–and domestic violence. The penalty for conviction of rape is life imprisonment. The maximum penalty for conviction of attempted rape is seven years’ imprisonment. Spousal and intimate-partner rape was widespread and not illegal; police officers generally considered it a domestic issue outside of their jurisdiction. Rape and domestic violence were widespread problems that often went unreported due to victims’ fear of reprisal, unequal power relationships, stigma, discrimination, and pressure from family and friends not to report abuses. Conviction of domestic violence carries a sentence of two years’ imprisonment, a substantial monetary fine, or both.

The Ministry of Women’s Affairs, Children, and Social Welfare operates a shelter and cooperates with UN agencies and civil society organizations to address sexual- and gender-based violence. In November a campaign of inclusive events was conducted to address issues of sexual- and gender-based violence in the country. The vice president led a march to raise awareness of the problem and to encourage victims of sexual- and gender-based violence to report abuse in order for perpetrators to be charged and prosecuted.

FGM/C is a deeply rooted practice in society. FGM/C cases are very seldom reported, either because individuals do not agree with the law or because they are uncomfortable reporting family or community members engaged in the practice to authorities. According to UNICEF and NGOs, 76 percent of girls and women between ages 15 and 49 had been subjected to FGM/C. NGOs, including the Gambia Committee on Traditional Practices Affecting the Health of Women and Children, Wassu Gambia Kafo, Safe Hands for Girls, and Think Young Women, were at the forefront of combatting FGM/C in the country.

Sexual Harassment: The law prohibits sexual harassment and stipulates a one-year mandatory prison sentence for conviction. Sexual harassment was prevalent but not commonly reported due to discrimination, social stigma, and unwillingness to challenge the offenders due to unequal power relationships and fear of reprisal.

Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children. They had access to the information and means to do so free from discrimination, coercion, or violence. Abortion is illegal and criminalized, including in cases of rape. According to the UN Population Fund, 41 percent of married or in-union girls and women ages 15 to 49 made their own decisions regarding sexual and reproductive health, including deciding on their health care, the use of contraception, and whether to have sex. According to UNICEF, 88 percent of births were attended by a skilled health-care professional.

The government provides access to sexual and reproductive health services for survivors of sexual violence.

According to the World Health Organization, the country’s maternal mortality rate in 2020 was 597 per 100,000 live births. It identified hemorrhage, anemia, early pregnancy, and obstructed labor as the main causes of maternal mortality. FGM/C negatively impacted reproductive and maternal morbidity.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution and law provide for equality of all persons, including with regard to race, color, language, religion, political or other opinion, national or social origin, and birth. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education. Nevertheless, the law does not provide for the same legal status and rights for women regarding adoption, marriage, divorce, burial, and inheritance of property. During the year there were no reports the government failed to enforce the law effectively.

Birth Registration: Children derive citizenship by birth in the country’s territory or through either parent. Not all parents registered births, but this did not preclude their children from receiving public health and education services. Birth certificates were easily obtained in most cases.

Education: The constitution and law mandate compulsory, tuition-free primary- and lower-secondary-level education. Families often must pay fees for books, uniforms, lunches, school fund contributions, and examination fees. An estimated 75 percent of primary school-age children enrolled in primary schools. Girls comprised approximately one-half of primary school students but only one-third of high school students.

Child, Early, and Forced Marriage: By law children younger than age 18 may not marry; however under customary or sharia, 34.2 percent of girls younger than 18 were married, and 9.5 percent younger than 15 were married. Government sensitization campaigns in several areas of the country, particularly in remote villages, sought to create awareness of the law.

The minimum age for consensual sex is 18. The penalties for conviction of sex trafficking are 50 years’ to life imprisonment and a substantial monetary fine. The law provides for 10 to 14 years’ imprisonment for conviction of commercial sexual exploitation of children, depending on the type of offense, 10 years’ imprisonment for conviction of procurement of a child for prostitution, and five years’ imprisonment for conviction of child pornography.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. For information, see the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was no known Jewish community, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution prohibits discrimination against or exploitation of persons with disabilities, although it does not stipulate the kinds of disabilities protected, particularly regarding access to health services, education, and employment. There are no explicit legal provisions that require access to transportation, buildings, and information or communications for persons with disabilities.

There are three separate schools for students with visual, hearing, or learning disabilities. Other students with physical disabilities may attend mainstream schools, but there are no programs or facilities to address specific needs. Children with disabilities attended school through secondary education at a lower rate than other children.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Citing more pressing priorities, the president dismissed homosexuality as a nonissue in the country. In 2018 the country’s delegation to the UN Human Rights Council stated the government did not plan to reverse or change the law. Although the law was rarely enforced, on July 1, local media reported that a Senegalese national was arrested in Kotu for engaging in same-sex relations with another adult. He was initially reported to police for stealing a cell phone of a Gambian man with whom he had sexual relations.

The law does not address discrimination against lesbian, gay, bisexual, transgender, and intersex individuals (LGBTI) persons in essential goods and services such as housing, employment, and access to government services such as health care. There was strong societal discrimination against LGBTI individuals.

HIV and AIDS Social Stigma

Although there were no reports to authorities of HIV-related stigma and discrimination in employment, housing, or access to education or health care, it existed. Societal discrimination against persons infected with HIV/AIDS and fear of rejection by partners and relatives sometimes hindered identification and treatment of persons with the disease. The government’s Gambia National Health Strategic Plan 2014-2020 provides for the care, treatment, and support of persons with or affected by HIV/AIDS. The multisectoral plan includes HIV-prevention programs for high-risk populations.

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and stipulates a sentence of flogging or up to 30 years’ imprisonment for a conviction of any nonconsensual form of sex. Authorities referred charges involving rape or related crimes for prosecution and generally enforced the law.

The law prohibits domestic violence and provides for penalties at the discretion of the presiding judge based on the severity of the offense. The law allows for a maximum penalty of 30 years’ imprisonment, and authorities enforced the law. The Central Statistical Office reported cases of domestic violence against both women and men. Police and judicial authorities usually acted promptly in cases of domestic violence. According to women’s rights monitors, violence against women nevertheless remained a serious and pervasive problem.

Sexual Harassment: The law prohibits sexual harassment, but there were no criminal penalties for it. The government noted it was a persistent problem.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and the means to do so, free from discrimination, coercion, and violence.

Contraception was widely available. There were no legal or social barriers to accessing contraception, but some religious beliefs created cultural barriers to contraception usage.

The government provided access to sexual and reproductive health services for survivors of sexual violence through the Ministry of Social Development. The Ministry of Social Development, the Gender-based Violence Unit, Social Services, and the Grenada Planned Parenthood Association assisted victims of sexual and gender-based violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women generally enjoyed the same legal status and rights as men, and there was no evidence of formal discrimination in education. The law mandates equal pay for equal work. The government enforced the law effectively.

Birth Registration: Citizenship is derived from birth in the country or, if abroad, by birth to a Grenadian parent upon petition. All births were promptly registered.

Child Abuse: The law stipulates penalties ranging from five to 15 years’ imprisonment for those convicted of child abuse and disallows the victim’s alleged “consent” as a defense in cases of incest. Government social service agencies reported cases of child abuse, including physical and sexual abuse, and had programs to combat child abuse. Authorities placed abused children in either a government-run home or private foster homes.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 21, although persons as young as 18 may be married with parental consent in writing.

Sexual Exploitation of Children: The law does not comprehensively prohibit the commercial sexual exploitation of all children, although the posting and circulation of child pornography on the internet is prohibited. The law also prohibits the importation, sale, and public display of pornography. The law prohibits sale and trafficking of children for prostitution, for the production of pornography, or for pornographic performances. The government enforced the law. The minimum age of consensual sex is 16. A statutory rape law applies when the victim is age 15 or younger. The penalty is 30 years’ imprisonment if the victim is younger than 13, and 15 years’ imprisonment if the victim is 13 to 15 years of age.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was a small Jewish community. There were no reports of anti-Semitic acts.

There were no confirmed reports during the year that Grenada was a source, destination, or transit country for victims of human trafficking.

Discrimination against persons with disabilities is generally prohibited, and there were no reports of discrimination against persons with disabilities. Although the law does not mandate access to public transportation, services, or buildings, building owners increasingly incorporated accessibility features during new construction and renovations. The government provided for special education throughout the school system; however, most parents chose to send children with disabilities to special education schools, believing those schools offered better conditions for learning.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct and provides penalties of up to 10 years’ imprisonment. The government did not actively enforce the law. The law makes no provision for same-sex sexual conduct between women.

No laws specifically prohibit discrimination in employment, housing, education, health care, access to government services, and essential goods and services against a person based on sexual orientation or gender identity.

HIV and AIDS Social Stigma

It was common for family members to shun persons with HIV or AIDS.

Rape and Domestic Violence: The law criminalizes rape and domestic violence, but both occurred frequently, and authorities rarely prosecuted perpetrators. The law does not address spousal rape or the gender of victims. Rape is punishable by five to 20 years in prison. Victims often declined to report crimes to police due to custom, fear of stigmatization, reprisal, and a lack of cooperation from investigating police or gendarmes. Studies indicated citizens also were reluctant to report crimes because they feared police would ask the victim to pay for the investigation.

In domestic violence cases, authorities may file charges under general assault, which carries sentences of two to five years in prison and fines. Violence against a woman that causes an injury is punishable by up to five years in prison and a fine. If the injury causes mutilation, amputation, or other loss of body parts, it is punishable by 20 years of imprisonment; if the victim dies, the crime is punishable by life imprisonment. Assault constitutes grounds for divorce under civil law, but police rarely intervened in domestic disputes, and courts rarely punished perpetrators.

Female Genital Mutilation/Cutting (FGM/C): Although the law and new constitution prohibit FGM/C, the country had an extremely high prevalence rate. According to a 2018 UNICEF survey, 94.5 percent of women and girls ages 15 to 49 had undergone the procedure, which was practiced throughout the country and among all religious and ethnic groups. The rate of FGM/C for girls between the ages of six and 14 dropped 6 percent since 2015.

The law specifies imprisonment of five to 20 years and a fine if the victim is severely injured or dies; if the victim dies within 40 days of the procedure the penalty is up to life in prison or death. The law provides for imprisonment of three months to two years and fines for perpetrators who do not inflict severe injury or death.

The government continued to cooperate with NGOs and youth organizations in their efforts to eradicate FGM/C and educate health workers, government employees, and communities on the dangers of the practice.

A total of 232 communities organized public declaration ceremonies of the abandonment of FGM/C practices and child marriage in 2019. Since January an additional 66 villages declared they abandoned FGM/C and child marriage. In addition, in February the president launched the International Day of Zero Tolerance to FGM Activities.

Sexual Harassment: The law prohibits all forms of workplace harassment, including sexual harassment. The constitution prohibits harassment based on sex, race, ethnicity, political opinions, and other grounds. The Ministry of Labor did not document any case of sexual harassment, despite its frequency. The law penalizes sexual harassment. Sentences range from three months to two years in prison and the payment of a fine, depending on the gravity of the harassment. Authorities rarely enforced the law.

Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children and to manage their reproductive health free from discrimination, coercion, or violence. Many couples and individuals, however, lacked access to the information and the means to enjoy these rights.

No law adversely affected access to conception, but low accessibility and poor quality of family planning services as well as limited contraception choices hindered access. Cultural barriers included a lack of male partner engagement or support for a woman’s decision to use family planning services; lack of decision-making power for women, as women in many cases needed approval from their husbands before using health services, including family planning; and expectations for newlywed couples to have children. Religious beliefs also hindered access. According to the 2018 Demographic and Health Survey, modern contraceptive prevalence rate among women aged 15-49 who were married or in a relationship was 11 percent.

According to the 2018 Demographic and Health Survey, 55 percent of women gave birth with a skilled healthcare professional present. Lack of quality health care and sociocultural barriers, such as preferring a female health attendant during pregnancy and childbirth, also affected women’s access to skilled health attendants when no midwives were available.

According to the 2016 UNICEF Multiple Indicator Cluster Survey, the maternal mortality rate was 550 per 100,000 live births. Lack of accessible, quality health services, discrimination, gender inequalities, early marriage, and adolescent pregnancy all contributed to the maternal death rate. According to the UN Population Fund (UNFPA), the adolescent birth rate was 120 per 1,000 girls age 15-19 years.

The government provided access to sexual and reproductive health services for survivors of sexual violence. Multisectoral committees at the national, regional, and local levels addressed gender-based violence, including sexual violence. Committee participants included health professionals, police, and administrative authorities. Health professionals provided health care, including sexual and reproductive health services, to survivors of sexual and domestic violence.

The prevalence of FGM/C among women aged 15-49 was 95 percent, according to the 2018 Demographic and Health Survey.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law does not provide for the same legal status and rights for women as for men, including in inheritance, property, employment, credit, and divorce. The law prohibits gender discrimination in hiring; the government did not effectively enforce this provision. There were no known limitations on women’s working hours, but there are legal restrictions to women’s employment in occupations and tasks deemed hazardous and in industries such as mining and construction. Traditional practices historically discriminate against women and sometimes took precedence over the law, particularly in rural areas.

Government officials acknowledged that polygyny was common. Divorce laws generally favor men in awarding custody and dividing communal assets. Legal testimony given by women carries less weight than testimony by men, in accordance with Islamic precepts and customary law.

In May 2019 the National Assembly amended the law to make monogamy the standard for marriage, except in the case of an “explicit agreement” with the first wife.

Birth Registration: Children derive citizenship by birth within the country, marriage, naturalization, or parental heritage. Authorities did not permit children without birth certificates to attend school or access health care. Authorities adjudicated birth registration in a nondiscriminatory manner.

Education: Government policy provides for tuition-free, compulsory primary education for all children up to age 16. While girls and boys had equal access to all levels of primary and secondary education, approximately 56 percent of girls attended primary school, compared with 66 percent of boys. Government figures indicated 11 percent of girls obtained a secondary education, compared with 21 percent of boys.

Child Abuse: Child abuse was a problem, and authorities and NGOs continued to document cases. Child abuse occurred openly on the street, although families ignored most cases or addressed them at the community level.

In December 2019 the National Assembly revised the children’s code to clearly prohibit cruel, inhuman, or degrading treatment of children, including FGM. The revised code entered into force in March. Authorities rarely prosecuted offenders.

Child, Early, and Forced Marriage: The law criminalizes early and forced marriage. The legal age for marriage is 18. Ambiguity remains, however, because the law refers to customary marriages for minors who receive consent from both their parents or their legal guardian. According to women’s rights NGOs, the prevalence rate remained high.

In 2017, according to UNICEF, 19 percent of all girls were married by age 15 and 51 percent were married by age 18.

The Ministry of Social Action for the Promotion of Women and Children, with assistance from UNICEF, developed and began to implement a national strategy for the 2020-24 period to promote the abandonment of child marriage.

Sexual Exploitation of Children: The law prescribes penalties of five to 10 years’ imprisonment, a fine, or both for all forms of child trafficking, including the commercial sexual exploitation of children. The law prohibits child pornography. The law does not explicitly address the sale, offering, or procuring of children for prostitution. The minimum age of consensual sex is 15. Having sex with someone younger than 15 is punishable by three to 10 years in prison and a fine. These laws were not regularly enforced, and sexual assault of children, including rape, was a serious problem. Girls between ages 11 and 15 were most vulnerable and represented more than half of all rape victims.

Displaced Children: Although official statistics were unavailable, a large population of children lived on the streets, particularly in urban areas. Children frequently begged in mosques, on the street, and in markets.

Institutionalized Children: The country had numerous registered and unregistered orphanages. While reports of abuse at orphanages sometimes appeared in the press, reliable statistics were not available. Authorities institutionalized some children after family members died from the Ebola virus.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://www.travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community was very small, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in education, air travel and other transportation, access to health care, or the provision of other government services. Other elements of the law describe the rights of persons with disabilities, such as access to regular and dedicated schools, and access to public transportation. Buildings and transportation, however, remained inaccessible. The law prohibits discrimination in employment against persons with disabilities. The Ministry of Social Action and the Promotion of Women and Children is responsible for protecting the rights of persons with disabilities, but it was ineffective. The government provided no support for placing children with disabilities in regular schools.

In December 2019 government representatives and the United Nations Development Program (UNDP) inaugurated a trade-skills training facility in Conakry for persons with disabilities. In August the Ministry of Social Action and Vulnerable People, with the technical and financial support of UNDP, hosted a three-day workshop attended by various government representatives that sought to raise awareness of persons living with disabilities and how to support them.

The country’s population was diverse, with three main linguistic groups and several smaller ones. While the law prohibits racial or ethnic discrimination, allegations of discrimination against members of all major ethnic groups occurred in private sector hiring. Ethnic segregation of urban neighborhoods and ethnically divisive rhetoric during political campaigns were common. The government made little efforts to address these problems.

In August a group of 50 to 60 youths, calling themselves the Association of the Young Heirs of Maferinyah and Coyah, attacked two families in Forecariah, leaving several injured and two dead. The families stated that the youths, displaced from local lands, believed that the land the families owned was expropriated from the native inhabitants of the area.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between adults, which is punishable by three years in prison; however, there were no known prosecutions. The Office for the Protection of Women, Children, and Morals (OPROGEM), a part of the Ministry of Security, includes a unit for investigating morals offenses, including same-sex sexual conduct. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals.

Deep religious and cultural taboos existed against consensual same-sex sexual conduct. There were no official or NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented victims from reporting abuse or harassment. There were no publicly active LGBTI organizations, although some organizations worked to raise awareness concerning HIV and AIDS and prevent human rights abuses among vulnerable communities.

HIV and AIDS Social Stigma

Laws exist to protect persons with HIV from stigmatization, but the government relied on donor efforts to combat discrimination against persons with HIV or AIDS. Government efforts were limited to paying salaries for health-service providers. Most victims of stigmatization were women whose families abandoned them after their husbands died of AIDS.

In March the Forested Guinea Region and the town of N’Zerekore saw violence between largely Christian and animist Kpelle people, who supported the opposition and opposed the constitutional referendum, and the Muslim Koniake people who supported the government and the referendum (see section 1.a.). There were no investigations.

Discrimination against persons with albinism occurred, particularly in the Forested Guinea Region, where historically persons with albinism were sought for ritual sacrifice and other harmful practices related to witchcraft. Albino rights NGOs continued to raise awareness of discrimination and violence against persons with albinism. Authorities investigated incidents of violence. For example, in July, OPROGEM arrested six women accused of forcing seven albino children to beg in the street. As of September the women were in custody and awaiting trial. In November police investigated an alleged discovery of two albino bodies in a family compound in Coyah.

Due to a lack of trust and capacity in the local judicial system, mob violence remained a widespread problem nationwide. In November 2019 a man accused of stealing motorcycles was beaten to death by an angry mob in Kankan. In April a man in Boke accused of stealing was tied to a tree by a group of men and beaten to death. Authorities opened investigations into these incidents but the outcomes were unknown.

Rape and Domestic Violence: The law prohibits rape, including spousal rape, and provides penalties for conviction of two to 12 years in prison; however, the government did not effectively enforce the law. The law permits prosecution of rape only when reported by the victim, which observers noted was rare due to victims’ fear of social stigma and retribution.

Although the law prohibits domestic violence, such abuse was widespread. The government did not undertake specific measures to counter social pressure against reporting domestic violence, rape, incest, and other mistreatment of women.

Cases of domestic violence and child abuse were commonly resolved within the household. Limited access to institutions of justice also contributed to the preference for customary law as a way of solving societal problems. Recourse to the formal justice system was poorly understood, expensive, and seldom used.

In September the Judiciary Police arrested a 37-year-old man in Bafata on suspicion of sexual abuse of children younger than age 12. According to police, the suspect also allegedly impregnated one victim. The suspect was detained and presented to the Public Ministry for investigation.

In July parliament and the Guinean Human Right’s League denounced an increase of reported cases of violence against women and children in the eastern and southern parts of the country, including the Bafata, Gabu, and Quinara Regions.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, without reference to age of the victims. FGM/C was practiced on girls younger than age five. Conviction for its practice is punishable by a fine of up to five million Central African (CFA) francs ($8,680) and five years in prison. Muslim preachers and scholars called for the eradication of FGM/C. The Joint Program on FGM/C of the UN Population Fund and UNICEF worked with the Ministry of Justice to strengthen the dissemination and application of the law by building the capacities of officials responsible for program implementation.

Sexual Harassment: No law prohibits sexual harassment, and it was widespread. The government undertook no initiatives to combat the problem.

Reproductive Rights: Although couples and individuals have the right to decide the number, spacing, and timing of their children and manage their reproductive health, free from discrimination, coercion, or violence, they often lacked the information and means to do so. The UN Population Fund reported that 114 health centers offered family planning services but that the availability of birth control services they offered varied from center to center. The 2018-2019 UNICEF Multiple Indicator Cluster Survey reported that 20.2 percent of girls and women between the ages of 15 and 49 used a modern method of contraception. The Roman Catholic Church and other religious groups discouraged use of modern contraception.

The World Heath Statistics 2020 report estimated that skilled health personnel attended 45 percent of births and that 55.7 percent of women of reproductive age had access to modern methods of family planning. The health system’s obstetric care capacity was insufficient, and emergency care was available only in Bissau. The adolescent birth rate was 103 per 1,000 girls between the ages of 15 and 19. There was no information on government assistance to victims of sexual assault.

According to UN estimates, the maternal mortality rate was 667 deaths per 100,000 live births in 2020, and the lifetime risk of maternal death was one in 160. Major factors causing high maternal mortality were poor health infrastructure and service delivery as well as high rates of adolescent pregnancy.

UNICEF statistics for 2020 reported that 52 percent of girls and women between the ages of 15 and 49 had undergone FGM/C causing maternal morbidity, including genital infections, urinary incontinence, increased infertility, and a high risk of contracting HIV and AIDS.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution grants men and women equal rights. Gender discrimination, however, prevailed due to society’s norms based on traditional customs and rules of ethnic groups and religious communities that perpetuated inequalities. The land-tenure law recognizes equal rights for men and women to access the land, yet it also recognizes the customary law that favors men as a way of acquiring tenure rights. There were legal restrictions to women’s employment in the same occupations and industries as men.

Birth Registration: Citizenship is derived by birth within the country or from citizen parents. Birth registration does not occur automatically at hospitals; parents must register births with a notary. Lack of registration resulted in denial of public services, including education.

Education: Most school-age children frequently remained at home because schools opened only intermittently due to teacher strikes. From March to October, children remained at home because of the COVID-19 pandemic. Public schools did not offer remote classes.

Child Abuse: There are no laws regarding child abuse specifically. Violence against children was thought to be widespread but seldom reported to authorities.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 16 for both genders. Child, early, and forced marriage occurred among all ethnic groups. Girls who fled arranged marriages often were trafficked into commercial sex. The buying and selling of child brides also occurred. There were no government efforts to mitigate the problems. According to UNICEF, 6 percent of all girls were married by age 15 and 24 percent by age 18.

Sexual Exploitation of Children: The minimum age for consensual sex is 18 for both boys and girls. A statutory rape law prohibits sex with a person younger than age 16. The rape law carries a penalty for conviction of two to 12 years in prison. The law also prohibits child pornography. The law criminalizes commercial sexual exploitation of children and prescribes penalties of three to 15 years’ imprisonment and the confiscation of any proceeds from the crime. When pedophilia and sexual harassment were reported, police at times blamed victims.

There were reports that girls were victims of commercial sexual exploitation, including in sex tourism, in the isolated Bijagos Islands, and on mainland Guinea-Bissau in bars and hotels.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Displaced Children: The national nongovernmental organization Association of the Friends of Children estimated up to 500 children, mostly from neighboring Guinea, lived on the streets of urban centers including Bissau, Bafata, and Gabu. The government provided no services to street children during the year. The government worked with Senegal to return 158 children sent to Quranic schools in Senegal back to Guinea-Bissau. These children usually ended up begging and being mistreated.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were small communities of Jews in the country and no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not counter discrimination against persons with disabilities or provide access for them to buildings, information, and communications. The government made some efforts to assist military veterans with disabilities through pension programs, but these did not adequately address health care, housing, or food needs. Provisions existed to allow voters with disabilities and illiterate voters to participate in the electoral process, but voters with proven severe intellectual disabilities could be prohibited from voting.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize sexual orientation. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, or intersex (LGBTI) individuals. In July a man was attacked because of his sexual orientation, but he reportedly did not press charges due to fear of retaliation.

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and domestic violence. The law provides stringent penalties for rape, with life imprisonment as the maximum penalty. There were reports of successful prosecution of cases of rape. Successful prosecution of domestic violence cases was infrequent.

Domestic violence and violence against women, including spousal abuse, was widespread. The law prohibits domestic violence and allows victims to seek prompt protection, occupation, or tenancy orders from a magistrate. Penalties for violation of protection orders include fines and 12 months’ imprisonment. There were reports of police accepting bribes from perpetrators and of magistrates applying inadequate sentences after conviction.

Sexual Harassment: The law prohibits sexual harassment in the workplace and provides for monetary penalties and award of damages to victims. The law does not cover harassment in schools. Acts of sexual harassment involving physical assault are prosecuted under relevant criminal statutes. While reports of sexual harassment were common, no cases had been filed as of September.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and to manage their reproductive health. They had access to information and means to do so, free from discrimination, coercion, or violence. No legal, social, or cultural barriers or government policies adversely affected access to skilled health attendance during pregnancy and childbirth.

The World Health Organization reported the country had a maternal mortality rate of 169 deaths per 100,000 live births. Primary causes for maternal death included poor obstetric performance, malaria, poor nutrition, and infrequent access to prenatal care among some women in remote areas due to inadequate transportation. The United Nations Population Fund reported that 34 percent of women used a modern method of contraception.

The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Although women enjoy the same legal status and rights as men, gender-related discrimination was widespread and deeply ingrained. The law prohibits discrimination based on gender, but there was no meaningful enforcement against such discrimination in the workplace. Job vacancy notices routinely specified that the employer sought only male or only female applicants, and women earned approximately 58 percent less than men for equal work.

Birth Registration: Citizenship is derived by birth within the country’s territory or by birth to a Guyanese citizen abroad. The law requires that births be registered within 14 days but also provides for registration of births after the 14-day period. Births at hospitals and health facilities were registered within a day of delivery.

Child Abuse: The law prohibits abuse of children, including physical abuse, sexual abuse, and sexual exploitation. There were frequent, widespread reports of physical and sexual abuse of children. As with cases of domestic abuse, NGOs alleged some police officers could be bribed to make cases of child abuse “go away.”

Child, Early, and Forced Marriage: The legal age for marriage is 18, but boys and girls may marry at age 16 with parental consent or judicial authority. UNICEF reported that 30 percent of women were married before age 18.

Sexual Exploitation of Children: The age of sexual consent is 16. By law a person who has sexual relations with a child younger than 16 may be found guilty of a felony and imprisoned for life. There were continued reports of children being exploited in prostitution. The law prohibits the commercial sexual exploitation of children age 18 and younger and stipulates penalties commensurate with those prescribed for other serious crimes, such as rape. Laws related to pornography and pornographic performances do not prohibit the use, procuring, and offering of a child for each of these purposes. The law also regulates selling, publishing, or exhibiting obscene material, defined as anything that could deprave or corrupt those open to immoral influences. The country is not a destination for child sex tourism.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Excluding expatriates, the Jewish community had fewer than five members. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution mandates that the state “take legislative and other measures” to protect disadvantaged persons and persons with disabilities. The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, but civil society groups stated the law was not regularly enforced. The law provides for a National Commission on Disabilities to advise the government, coordinate actions on problems affecting persons with disabilities, and implement and monitor the law. The commission focused its attention on sensitizing the public about the law and on compliance, as well as performing sensitization workshops with the Ministries of Human Services and Social Security, Education, and Health.

There were segregated schools for the blind and for persons with other disabilities in the most populous regions of the country. As a result, children with disabilities rarely attended mainstream schools, since these lacked the necessary accommodating curriculum and infrastructure. Lack of appropriate transportation and infrastructure to provide access to both public and private facilities made it difficult for persons with disabilities to be employed outside their homes.

Various laws protect the rights of the indigenous community, and members have some ability to participate in decisions affecting them, their land, and resources. Rules enacted by village councils require approval from the minister of Amerindian affairs before entering into force. Indigenous lands were not effectively demarcated.

According to the 2012 census, the indigenous population constituted 10 percent of the total population. There were nine recognized tribal groups. An estimated 90 percent of indigenous communities were in the remote interior. The standard of living in indigenous communities was lower than that of most citizens, and they had limited access to education and health care. A UN study found that pregnant women in indigenous communities were not receiving mandatory HIV tests. In March political protesters made denigrating remarks against indigenous persons.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual activity among men is illegal under the law and is punishable by up to two years in prison. Anal intercourse is punishable with a maximum sentence of life in prison, regardless of whether the intercourse is between persons of the same sex. These laws were not enforced during the year; activists reported it was more common for police to use the law to intimidate men who were gay or perceived to be gay than to make arrests. A law criminalizing cross-dressing remains despite a 2018 decision by the Caribbean Court of Justice that the law is unconstitutional.

No antidiscrimination legislation exists to protect persons from discrimination based on real or perceived sexual orientation, gender identity or expression, or sex characteristics. NGOs reported widespread discrimination of persons in this regard. Reports noted official and societal discrimination in employment, access to education and medical care, and in public space. According to a 2014 survey, approximately 12 percent of men who had sex with men experienced stigma daily, while approximately 30 percent of transgender youth and adults encountered stigma every day or regularly. A leading lesbian, gay, bisexual, transgender, and intersex (LGBTI) NGO reported frequent acts of violence against members of the LGBTI community.

HIV and AIDS Social Stigma

A 2014 UNICEF survey reported only 23 percent of persons ages 15 to 49 expressed accepting attitudes towards individuals with HIV.

Rape and Domestic Violence: The law prohibits rape of men and women but does not recognize spousal rape as a crime. The penalty for rape is a minimum of 10 years’ forced labor. In the case of gang rape, the maximum penalty is lifelong forced labor. The crimes were rarely formally prosecuted and were often settled under pressure from community and religious leaders. The law excuses a husband who kills his wife, her partner, or both if found engaging in adultery in the husband’s home, but a wife who kills her husband under similar circumstances is subject to prosecution.

The law does not classify domestic violence against adults as a distinct crime. Women’s rights groups and human rights organizations reported domestic violence against women remained commonplace. Judges often released suspects arrested for domestic violence and rape.

Victims of rape and other forms of sexual violence faced major obstacles in seeking legal justice as well as in accessing protective services such as women’s shelters. While civil society organizations reported anecdotally that women were more likely to report cases of sexual and domestic violence than in the past, these organizations stated many victims did not report such cases due to social pressure, fear, and a lack of logistical and financial resources. Due to familial responsibilities, victims were usually unable to dedicate the time necessary to follow through with legal proceedings. According to some civil society organizations, many local nonprofit organizations that provided shelter, medical services, psychological services, and legal assistance to victims had to reduce services due to a lack of funding. In rural areas, criminal cases, including cases of sexual violence, were often settled outside of the justice system. In some cases local leaders pressured family members to come to financial settlements with the accused to avoid societal discord and embarrassment. According to judicial observers, prosecutors often encouraged such settlements.

Sexual assault and rape continued to be serious and pervasive societal problems, particularly in socially and economically disadvantaged areas. According to the RNDDH, 20 women were victims of rape in Cite-Soleil between March and July. In another case where gang rape was reported, the victim said her three attackers claimed to be part of the G-9 gang confederation. As of November there were no arrests in these cases.

Authorities stated that 10 women who were sexually assaulted by male inmates during a November 2019 prison riot in Gonaives were subsequently transferred to other facilities for their safety. Authorities declared the culprits had been identified and remained imprisoned.

Sexual Harassment: The law does not specifically prohibit sexual harassment, although it states that men and women have the same rights and obligations. Observers stated sexual harassment occurred frequently. Although authorities stated the government was opposed to sexual harassment, there were no formal governmental programs to combat it on a national scale.

Reproductive Rights: The law recognizes the rights of couples and individuals to decide the number, spacing, and timing of their children; however, regulations, social customs, and economic disparity often made these rights unattainable.

While stigma around seeking or accessing contraception significantly decreased over the past decade and women were far more knowledgeable about contraception, social and economic barriers remained. Cultural and historical barriers persisted in the use of IUDs and contraception more generally, particularly cultural misconceptions and lack of knowledge of proper usage.

The country’s level of unmet need for family planning was 38 percent, and the use of modern contraception was 34 percent. Approximately one-fifth of women of reproductive age used a modern contraceptive method, while more than one-third of married women who wanted to limit or space births did not use any contraceptive method, according to the 2016-17 Demographic and Health Studies (DHS) Report.

Many women and their families maintained a strong preference for giving birth at home with the assistance of matrones (traditional birth attendants) as opposed to giving birth in health facilities with the assistance of skilled birth attendants. The choice may be rooted in a desire for client-centered care–particularly for respectful maternity care–which was otherwise largely unavailable. The government did not allow state institutions to work openly with matrones, a practice that prevented them from acquiring the skills needed to serve as highly skilled birth attendants.

The government has protocols governing the provision of service to survivors of sexual violence. The Ministry of Public Health was responsible for maintaining these protocols and practices; however, donors and NGO partners provided nearly all such care.

The World Health Organization estimated the maternal mortality rate at 480 deaths per 100,000 live births in 2017. The government’s estimate for 2016-17, based on maternal deaths reported by health facilities, was 175 maternal deaths per 100,000 live births. A major cause of maternal deaths was the government’s lack of support for matrones. Other reasons included geographic difficulties in access to health facilities and financial barriers to primary health care. Of the country’s 571 communal sections, 125 had no health facilities. The proportion of births attended by skilled health personnel was 42 percent. The adolescent birth rate for those ages 15-19 years was 140 per 1,000.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women did not enjoy the same social and economic status as men, despite constitutional amendments requiring that women’s participation in national life and in public service (i.e., political candidates, elected officials, and civil servants) be at least 30 percent of the positions.

By law men and women have equal protections for economic participation. Women, however, faced barriers to accessing economic inputs, collateral for credit, information on lending programs, and other resources. Gender discrimination was a major concern. Women were often restricted to certain jobs, such as secretarial or cleaning work, and they faced lower pay as well as barriers when attempting to compete for hiring or promotions on an equal footing with men. Women were largely viewed as more vulnerable to coercive and exploitive practices in the workplace, such as sexual harassment.

Birth Registration: Citizenship is derived through an individual’s parents; either parent may transmit citizenship. Citizenship may also be acquired through a formal request to the Ministry of the Interior. The government did not register all births immediately. Birth registry is free until age two. Approximately 30 percent of children between the ages of one and five lacked birth certificates or any other official documentation. Children born in rural communities were less likely to be documented than children in urban areas.

Education: The constitution was generally interpreted as requiring the government to provide free and compulsory education to all children through grade nine; nonetheless, the government did not effectively enforce this. According to a 2018 report published by the Ministry of Health, in urban areas 65 percent of girls attended school, compared with 58 percent of boys.

Child Abuse: The law prohibits domestic violence against minors. The government lacked an adequate legal framework to support or enforce mechanisms to promote children’s rights and welfare fully. The government made some progress in institutionalizing protections for children.

Child, Early, and Forced Marriage: The legal age of marriage is 18 for males and 15 for females. Early and forced marriage were not widespread customs. Plasaj, or common-law marriage, was common and sometimes used by older men to enter into relationships with underage girls.

Sexual Exploitation of Children: The minimum age for consensual sex is 18, and the law has special provisions for rape of persons who are age 16 or younger. The law prohibits the corruption of persons younger than 21, including through prostitution, with penalties ranging from six months to three years’ imprisonment for offenders. The penalty for human trafficking with aggravating circumstances, which includes cases involving the exploitation of children, is up to life imprisonment.

In May the International Federation of Football Associations (FIFA) suspended Haitian soccer federation president Yves Jean-Bart for 90 days after allegations that he sexually assaulted multiple youth soccer players. Two other top officials, Wilner Etienne and Nela Joseph, were subsequently suspended in August. In November, FIFA’s ethics committee imposed a lifetime ban and a fine of more than one million Swiss francs ($1.1 million) on Yves Jean-Bart. He had not yet been charged with a crime in Haiti.

In October reports emerged that at least 41 girls between ages 13 and 17 at La Prophetie College in Grand-Anse Department became pregnant after sexual abuse. Most of the abusers were reported to be male classmates, but there were also reports of sexual abuse by community members.

Several civil society groups reported impoverished children were often subjected to sexual exploitation and abuse. According to these groups, children were often forced into prostitution or transactional sex to fund basic needs such as school-related expenses. Recruitment of children for sexual exploitation and pornography is illegal, but the United Nations reported criminal gangs recruited children as young as age 10.

Institutionalized Children: The Ministry of Social Affairs and Labor’s Institute of Social Welfare and Research (IBESR) has official responsibility for monitoring and accrediting the country’s orphanages and residential care centers. According to the international NGO Lumos, an estimated 25,000 children lived in the 756 orphanages in the country, of which 45 were licensed by the government. An estimated 80 percent of those children had at least one living parent.

On February 13, a total of 15 children died after fire engulfed an unaccredited orphanage in Fermathe, a community one hour north of Port-au-Prince, which had previously failed multiple inspections. In July lawyers working on behalf of the orphanage offered cash payments to family members of the victims to settle the case.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community numbered fewer than 100 persons, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution stipulates that persons with disabilities should have the means to provide for their education and independence. The law requires all public buildings and spaces to be accessible to persons with disabilities. The law prohibits discrimination in employment against persons with disabilities, requires the government to integrate such persons into the state’s public services, and imposes a 2 percent quota for persons with disabilities in the workforces of private-sector companies. This quota was not met, and the government did not enforce these legal protections. The law bans discrimination against persons with disabilities and provides for access to basic services such as health, education, and justice.

Local disability rights advocates stated that persons with disabilities faced significant obstacles to voting. Persons with disabilities had difficulty obtaining a national identification card, a requirement to vote, because the National Identification Office was inaccessible to persons with disabilities.

Individuals with disabilities faced significant social stigma, exclusion, and discrimination because of their disabilities. For instance some families often left their family members with disabilities isolated at home. Basic services such as government offices, churches, and schools did not routinely make accessible services available for persons with disabilities. Opportunities to access services often depended on the economic status of the family. Persons with mental, developmental, or physical disabilities were marginalized and neglected. Deaf and blind citizens also faced marginalization and neglect and did not routinely receive services they needed. The Office of the Secretary of State for the Integration of Handicapped Persons (BSEIPH) in the Ministry of Social Affairs and Labor is the lead government agency responsible for assisting persons with disabilities and ensuring their civil, political, and social inclusion.

While some children with disabilities were mainstreamed into regular schools, mainstreaming depended on the severity of the disability and the economic status of the family. A small number of schools provided specialized education for children whose disabilities did not allow them to be mainstreamed. According to the most recent national education plan, covering 2010 to 2015, fewer than 14 percent of children with disabilities attended school. Children of economically disadvantaged families were often left to languish uneducated at home.

The BSEIPH had several departmental offices outside the capital. Its efforts were constrained by a limited budget, and there was little progress toward creating a strategic development plan. The BSEIPH provided persons with disabilities with legal advice and job-counseling services. It regularly convened meetings with disability rights groups in all its regional offices. The BSEIPH worked to better integrate persons with disabilities in society, including by encouraging their employment in public institutions.

President Moise named Soinette Desir, a former activist for persons with disabilities, as the new BSEIPH undersecretary. On June 12, Desir distributed materials and equipment to new public-sector employees with disabilities, intending to facilitate their success in the workplace.

Some disability rights activists said social services available to persons with disabilities were inadequate and that persons with disabilities had significant difficulties accessing quality medical care. Hospitals and clinics in Port-au-Prince were not accessible to persons with disabilities and often refused to treat them.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

There were reports police condoned violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. Some LGBTI groups reported the HNP and judicial authorities were inconsistent in their willingness to document or investigate LGBTI persons’ claims of abuse. On July 1, a transgender woman was attacked by motorcycle taxi drivers in the street. Activist groups reported that part of the attack was recorded, but even so, police declined to investigate when they learned the victim was a transgender person.

No laws criminalize sexual orientation or consensual same-sex sexual conduct between adults, but there are no antidiscrimination laws to protect LGBTI persons from discrimination based on sexual orientation or gender identity.

The government’s legal reforms announced in June, and scheduled to enter into force in 2022, offer specific protections to LGBTI persons for the first time. The proposed changes include making LGBTI persons a protected group and imposing penalties on public agents, persons, and institutions that refuse services on the grounds of someone’s sexual orientation. The reforms prompted intense national debate and protests led by local religious leaders. LGBTI activists reported increased hostility towards LGBTI persons as a result and said they had not been consulted about the reforms. Many, however, said they were pleased by the new protections and viewed the reforms as an opportunity to stimulate national dialogue.

In July a mob threw stones and shot at a transgender shelter, activists reported. A new crisis telephone line for the LGBTI community reported 20-30 calls per day after its establishment in July, with most callers expressing fear about hostility surrounding the proposed legal reforms.

Local attitudes, particularly in Port-au-Prince, remained hostile toward LGBTI persons who were public and visible about their sexual orientation or gender identity and expression. Some politicians, societal leaders, and organizations actively opposed the social integration of LGBTI persons and discussion of their rights. LGBTI advocacy groups in Port-au-Prince reported a greater sense of insecurity and less trust of government authorities than did groups in rural areas.

The investigation into the November 2019 death of Charlot Jeudy, head of the LGBTI rights group KOURAJ, remained open as of November.

HIV and AIDS Social Stigma

Stigma against persons with HIV or AIDS was strong and widespread. In 2019 UNAIDS reported 63 percent of adults in the country said they would not purchase vegetables from a seller known to be HIV-positive, while 55 percent believed students with HIV should not attend school.

Rape and Domestic Violence: Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage. Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, the last in which conviction carries the death penalty. Rape victims also feared societal reprisal or ostracism. There were reports that approximately 80 percent of rape cases went unreported.

For a conviction of rape, the law requires four Muslim men or a combination of three men and two women or two men and four women, to have witnessed a rape. A woman or man found making a false accusation of rape is subject to 80 lashes.

The law does not prohibit domestic violence. Authorities considered abuse in the family a private matter and seldom discussed it publicly.

An April 10 article in IRNA noted a “dramatic increase” in domestic violence-related telephone calls to public social welfare hotlines. The State Welfare Organization sent a public text message the same day highlighting the existence of the hotlines. Calls to the hotlines reportedly doubled after the text message was sent, according to a government official. In a call with an expatriate media outlet, women’s rights activist Shahla Entesari also reported higher rates of domestic violence during pandemic-related lockdowns in the country.

In previous years assailants conducted “acid attacks” in which they threw acid capable of severe disfiguration at women perceived to have violated various “morality” laws or practices. Although the Guardian Council reportedly passed a law increasing sentences for the perpetrators of these attacks, the government continued to prosecute individual activists seeking stronger government accountability for the attacks. On October 11, a court sentenced Alieh Motalebzadeh to two years in prison for “conspiracy against state security” for advocating for women who were victims of acid attacks. Motalebzadeh was a member of the “One Million Signatures” campaign to change discriminatory laws against women. On October 29, authorities arrested Negar Masoudi for holding a photo exhibition featuring victims of “acid attacks” and for advocating to restrict the sale of acid.

Female Genital Mutilation/Cutting (FGM/C): The law criminalizes FGM/C and states, “the cutting or removing of the two sides of female genitalia leads to diyeh (financial penalty or blood money) equal to half the full amount of diyeh for the woman’s life.”

Little recent data were available on the practice inside the country, although older data and media reports suggested it was most prevalent in Hormozgan, Kurdistan, Kermanshah, and West Azerbaijan Provinces.

Other Harmful Traditional Practices: There were reports of killings motivated by “honor” or other harmful traditional practices during the year. There are no official statistics kept in the country concerning honor killings, but according to academic articles and university thesis estimates cited by the daily Ebtekar, every year between 375 and 450 such killings occur, in which mostly women are killed by their male relatives–including their husbands, fathers, and brothers–in the name of preserving the family’s “honor.”

The law reduces punitive measures for fathers and other family members who are convicted of murder or physically harming children in domestic violence or “honor killings.” If a man is found guilty of murdering his daughter, the punishment is between three and 10 years in prison rather than the normal death sentence or payment of diyeh for homicide cases.

In June, Reza Ashrafi reportedly beheaded his 14-year-old daughter, Romina Ashrafi, with a farming sickle because she had “run off” with her 29-year-old Sunni Muslim boyfriend. The father faced a maximum sentence of 10 years in prison because fathers are considered legal guardians and, unlike mothers, are exempt from capital punishment for murdering their children. In response to a national outcry over Ashrafi’s killing, on June 7, the Guardian Council approved a law making it a crime to emotionally or physically abuse or abandon a child, but the maximum sentence of 10 years for conviction of murder by a father of his daughter remains unchanged. Observers noted the Guardian Council had rejected three previous iterations of the bill. In August a court reportedly convicted and sentenced Ashrafi’s father to nine years in prison, sparking further outrage at the leniency of the sentence. Ashrafi’s mother said she planned to appeal the sentence to seek a tougher penalty.

Sexual Harassment: The law prohibits physical contact between unrelated men and women. There were no reliable data on the extent of sexual harassment, but women and human rights observers reported that sexual harassment was the norm in many workplaces. There were no known government efforts to address this problem.

In September al-Jazeera reported a female employee of a technology company detailed on social media sexual misconduct charges against a male executive in the company, and several other existing female and former employees reported being fired for reporting the misconduct to the company’s human resources officials. The company’s CEO reportedly promised an investigation into the employee and apologized to the women.

In October the New York Times reported numerous women in the country aired harassment allegations against more than 100 prominent men following inspiration from the global #MeToo movement. In interviews 13 women recounted details alleging 80-year-old artist Aydin Aghdashloo’s sexual misconduct spanning a 30-year period. According to the article, on October 12, Tehran police chief Hossein Rahimi announced that bookstore owner Keyvan Emamverdi confessed to raping 300 women after 30 women filed legal complaints against him. Police stated he would be charged with “corruption on earth,” a capital offense.

Reproductive Rights: The law recognizes the basic right of married couples to decide freely and responsibly the number, spacing, and timing of their children. Couples are entitled to reproductive health care, free from discrimination, coercion, and violence. It is illegal for a single woman to access contraception, although most single women had access to contraception, particularly in urban areas. Government health care previously included full free access to contraception and family planning for married couples. In 2012, on the Supreme Leader’s orders, the government ended the Family and Population Planning Program, and subsequent proposed legislation directed authorities to prioritize population growth. These policies included strict measures such as outlawing voluntary sterilization and limiting access to contraceptives.

According to human rights organizations, an increase in child marriage–due in part to a government “marriage loan” program providing financial relief to poor families who want to marry off their girls–is adversely affecting in all likelihood the quality of health care for such girls and increasing maternal mortality rates. The practice of female genital mutilation, which primarily occurs on girls ages five through eight within Shafi’i Sunni communities, was associated reportedly with increased obstetric problems and may increase maternal mortality rates.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for equal protection for women under the law in conformity with its interpretation of Islam. The government did not enforce the law, and provisions in the law, particularly sections dealing with family and property law, discriminate against women. Judicial harassment, intimidation, detention, and smear campaigns significantly challenged the ability of civil society organizations to fight for and protect women’s rights.

In June the president issued a decree enacting into law an amendment to the country’s civil code that allows Iranian women married to foreign men to transmit citizenship to their children (see section 2.f. and section 6, Children). In January 2019 Ahmad Meidari, the deputy of the Ministry of Social Welfare, reportedly estimated that 49,000 children would benefit if the legislation were enacted. The government does not recognize marriages between Muslim women and non-Muslim men, irrespective of their citizenship. The law states that a virgin woman or girl wishing to wed needs the consent of her father or grandfather or the court’s permission.

The law permits a man to have as many as four wives and an unlimited number of sigheh (temporary wives), based on a Shia custom under which couples may enter into a limited-time civil and religious contract that outlines the union’s conditions.

A woman has the right to divorce if her husband signs a contract granting that right; cannot provide for his family; has violated the terms of their marriage contract; or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced.

The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches the age seven, the father is granted custody unless he is proven unfit to care for the child.

Women sometimes received disproportionate punishment for crimes such as adultery, including death sentences. Islamic law retains provisions that equate a woman’s testimony in a court of law to one-half that of a man’s and value a woman’s life as one-half that of a man’s. According to the law, the diyeh paid in the death of a woman is one-half the amount paid in the death of a man, with the exception of car accident insurance payments. According to a CHRI report, in July 2019 the government declared equality between men and women in the payment of blood money. Per the Supreme Court ruling, the amount paid for the intentional or unintentional physical harm to a woman is still one-half the blood money as that paid for a man, but the remaining difference would be paid from a publicly funded trust.

Women have access to primary and advanced education. Quotas and other restrictions nonetheless limited women’s admissions to certain fields and degree programs.

The Statistical Center of Iran reported that overall unemployment rate in the second quarter of the year was 9.5 percent. Unemployment of women in the country was twice as high as it was of men. All women’s participation in the job market was 17.9 percent, according to the Global Gender Gap 2020 report. Women reportedly earned significantly less than men for the same work.

Women continued to face discrimination in home and property ownership, as well as access to financing. In cases of inheritance, male heirs receive twice the inheritance of their female counterparts. The government enforced gender segregation in many public spaces. Women must ride in a reserved section on public buses and enter some public buildings, universities, and airports through separate entrances.

The law provides that a woman who appears in public without appropriate attire, such as a cloth scarf veil (hijab) over the head and a long jacket (manteau), or a large full-length cloth covering (chador), may be sentenced to flogging and fined. Absent a clear legal definition of “appropriate attire” or of the related punishment, women (and men) were subjected to the opinions of various disciplinary and security force members, police, and judges.

Authorities continued to arrest women for violating dress requirements, and courts applied harsh sentences. In February an appeals court upheld sentences of 16 to 23 years against Yasaman Aryani, her mother Monireh Arabshahi, and Mojgan Keshavarz for “spreading propaganda against the system” and “inciting corruption and prostitution.” They were arrested after posting a video for International Women’s Day in March 2019 during which they walked without headscarves through a Tehran metro train, handing flowers to female passengers.

In May the lawyer for imprisoned activist Saba Kord Afshari stated on Twitter that judicial authorities had reinstated a 7.5-year prison sentence for “corruption and prostitution” against his client without explanation. An appeals court had previously dropped that charge against Kord Afshari, who was also found guilty for “gathering and conspiring” and “spreading propaganda” related to videos she posted to social media in which she walked without a hijab and stated her opposition to compulsory dress requirements. Kord Afshari’s cumulative sentence increased back to 15 years with the reinstated portion of the sentence. In February, Kord Afshari’s mother, Raheleh Ahmadi, began serving a two-year sentence for “national security” crimes related to advocacy on behalf of her daughter. Human rights groups reported both mother and daughter were denied requested medical treatment and furlough during the year.

In a February letter to Iranian authorities, the world soccer governing body International Federation Football Association (FIFA) insisted women must be allowed to attend all soccer matches in larger numbers than the government previously permitted. In October 2019 the government permitted approximately 3,500 women to attend a World Cup qualifier match at Azadi Stadium, which has an estimated capacity of 78,000.

As noted by the former UNSR and other organizations, female athletes have been traditionally barred from participating in international tournaments, either by the country’s sport agencies or by their husbands. There were, however, cases throughout the year of female athletes being permitted to travel internationally to compete.

Birth Registration: Prior to June only a child’s father could convey citizenship, regardless of the child’s country of birth or mother’s citizenship. Legislation taking force in June provides Iranian mothers the right to apply for citizenship for children born to fathers with foreign citizenship (see section 2.f. and section 6, Women). Although the law is retroactive, mothers do not receive equal treatment; they have to file an application for their children, whereas children born to Iranian fathers automatically have citizenship. The law also includes a stipulation of obtaining a security clearance from the security agencies prior to receiving approval. Birth within the country’s borders does not confer citizenship, except when a child is born to unknown parents. The law requires that all births be registered within 15 days.

Education: Although primary schooling until age 11 is free and compulsory for all, media and other sources reported lower enrollment in rural areas, especially for girls. According to HRW, the child protection law passed in June following the killing of Romina Ashrafi sets out financial penalties for parents or guardians who fail to provide for their child’s access to education through secondary level. Secondary education is free.

Children without state-issued identification cards are denied the right to education. In his February 2019 report, UNSR Rehman expressed concern over access to education for minority children, including references to high primary school dropout rates for ethnic minority girls living in border provinces.

Child Abuse: There was little information available on how the government dealt with child abuse. The 2003 law states, “Any form of abuse of children and juveniles that causes physical, psychological, or moral harm and threatens their physical or mental health is prohibited,” and such crimes carry a maximum sentence of three months in confinement. On June 7, the Guardian Council approved legislation to support a child’s safety and well-being, including penalties against physical harm and for preventing access to education. Article 9 of the law defines a set of punishments, which include imprisonment and “blood money,” for negligence by anyone, including parents, that results in death, disability, bodily harm, and sexual harassment. The law required the State Welfare Organization to investigate the situation of children in “extreme danger” of abuse, exploitation, or being out of school, among other concerns. The state also has the authority to remove a child from a household and put them under state supervision until the prosecutor takes on the case. The law also applies to all citizens younger than age 18, despite the earlier age of maturity.

Reports of child abuse reportedly increased during the COVID-19 pandemic. The head of the State Welfare Organization in Mashhad noted an eightfold increase in child abuse cases reported in Mashhad compared with the same period in 2019. Concerns that street children were spreading the virus led to an increase in child detentions. For example, according to an August 13 Atlantic Council article, in April an aid worker found six children that had been detained by Tehran municipality officials “bruised and bloodied” in basement municipality offices.

According to IranWire, the Students’ Basij Force stepped up efforts to recruit young persons into the organization. Although “most of these activities are of an educational and ideological nature,” there were reports that during recent domestic unrest, some younger Basij forces armed with light military equipment were seen on the streets of some cities.

There continued to be reports of IRGC officials recruiting Afghan child soldiers, including to support Assad regime forces in Syria and the Taliban in Afghanistan. In a 2018 interview by IranWire, a Fatemiyoun Brigade commander confirmed Afghan minors as young as 14 served in his unit in Syria.

Child, Early, and Forced Marriage: The legal minimum age of marriage for girls is 13, but girls as young as age nine may be married with permission from a court and their fathers. According to HRW, the child protection law failed to criminalize child marriage.

Sexual Exploitation of Children: The legal age requirements for consensual sex are the same as those for marriage, as sex outside of marriage is illegal. There are no specific laws regarding child sexual exploitation, with such crimes either falling under the category of child abuse or sexual crimes of adultery. The law does not directly address sexual molestation or provide a punishment for it.

According to CHRI, the ambiguity between the legal definitions of child abuse and sexual molestation could lead to child sexual molestation cases being prosecuted under adultery law. While no separate provision exists for the rape of a child, the crime of rape, regardless of the victim’s age, is potentially punishable by death.

Displaced Children: There were reports of thousands of Afghan refugee children in the country, many of whom were born in Iran but could not obtain identity documents. These children were often unable to attend schools or access basic government services and were vulnerable to labor exploitation and trafficking.

UNHCR stated school enrollment among refugees was generally higher outside the 20 settlements, where more resources were available and where 97 percent of the refugees reside.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The law recognizes Jews as a religious minority and provides for their representation in parliament. According to the Tehran Jewish Committee, the population includes approximately 9,000 Jews. Members of the Iranian Jewish community are reportedly subject to government restrictions and discrimination. Government officials continued to question the history of the Holocaust, and anti-Semitism remained a pervasive problem. In October 28 comments on his website and Twitter addressed to “young French people,” Supreme Leader Khamenei questioned why it was a crime to raise doubts regarding the Holocaust. In a May 22 speech and tweets, Khamenei referred to Israel as a “cancerous tumor.” On May 19, Khamenei published a poster depicting Jerusalem with the phrase, “The final solution: Resistance until referendum.” Cartoons in state-run media outlets repeatedly depicted foreign officials as puppets of Jewish control. In September a government-controlled arts organization, the Hozeh Honari, announced it would hold a third “Holocaust Cartoon Festival,” the previous two held in 2006 and 2016. According to media reports, officials and media propagated conspiracy theories blaming Jews and Israel for the spread of COVID-19.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

In 2018 parliament adopted the Law for the Protection of the Rights of Persons with Disabilities. According to HRW, the law increases pensions and extends insurance coverage to disability-related health-care services, but it does not explicitly prohibit discrimination. According to CHRI, as of December 2019, the government did not allocate a budget to enforce the law. The law prohibits those with visual, hearing, or speech disabilities from running for seats in parliament. While the law provides for government-funded vocational education for persons with disabilities, domestic news reports noted vocational centers were located only in urban areas and unable to meet the needs of the entire population.

In October 2019 HRW and CHRI reported persons with disabilities remained cut off from society, a major obstacle being a mandatory government medical test that may exclude children from the public school system. They continued to face stigma and discrimination from government social workers, health-care workers, and others. Many persons with disabilities remained unable to participate in society on an equal basis. The law provides for public accessibility to government-funded buildings, and new structures appeared to comply with these standards. There were efforts to increase access for persons with disabilities to historical sites. Government buildings that predated existing accessibility standards remained largely inaccessible, and general building accessibility, including access to toilets, for persons with disabilities remained a problem. Persons with disabilities had limited access to informational, educational, and community activities. CHRI reported in 2018 that refugees with disabilities, particularly children, were often excluded or denied the ability to obtain the limited state services provided by the government.

The constitution grants equal rights to all ethnic minorities, allowing minority languages to be used in media. The law grants the right of citizens to learn, use, and teach their own languages and dialects. Minorities did not enjoy equal rights, and the government consistently barred use of their languages in school as the language of instruction.

The government disproportionately targeted minority groups, including Kurds, Ahwazis, Azeris, and Baluchis, for arbitrary arrest, prolonged detention, disappearances, and physical abuse. These ethnic minority groups reported political and socioeconomic discrimination, particularly in their access to economic aid, business licenses, university admissions, job opportunities, permission to publish books, and housing and land rights. In a July report, UNSR Rehman expressed concern regarding the reported high number of political prisoners and prisoners of conscience from the Azerbaijani-Turk, Kurdish, and Ahwazi Arab communities.

Another widespread complaint among ethnic minority groups, particularly among Ahwazis, Azeris, and Lors, was that the government diverted and mismanaged natural resources, primarily water, often for the benefit of IRGC-affiliated contractors. According to reports from international media and human rights groups, these practices devastated the local environment on which farmers and others depended for their livelihoods and well-being, resulting in forced migration and further marginalization of these communities.

The law, which requires religious screening and allegiance to the concept of “governance by the jurist,” not found in Sunni Islam, impaired the ability of Sunni Muslims (many of whom are also Baluch, Ahwazi, or Kurdish) to integrate into civic life and to work in certain fields.

Human rights organizations observed that the government’s application of the death penalty disproportionately affected ethnic minorities (see section 1.a.). Authorities reportedly subjected members of minority ethnicities and religious groups in pretrial detention repeatedly to more severe physical punishment, including torture, than other prisoners, regardless of the type of crime of which they were accused.

The estimated eight million ethnic Kurds in the country frequently campaigned for greater regional autonomy. The government continued to use the law to arrest and prosecute Kurds for exercising their rights to freedom of expression and association. The government reportedly banned Kurdish-language newspapers, journals, and books and punished publishers, journalists, and writers for opposing and criticizing government policies.

Authorities suppressed legitimate activities of Kurdish NGOs by denying them registration permits or bringing security charges against persons working with such organizations. Authorities did not prohibit the use of the Kurdish language in general but did not offer education in Kurdish in public schools.

UNSR Rehman’s July report also noted, “in the border areas of Kurdistan, Ilam, West Azerbaijan and Kermanshah Provinces, Kurdish couriers (kolbars) continue to face excessive and lethal force by border officials. In 2019 there were 84 reported deaths and 192 injuries of kolbars, continuing a trend that has seen over 1,000 kolbars killed or injured due to the actions of border officials since 2014. It is with concern that cases of violence against kolbars are often either dismissed by the courts or closed without conviction or compensation for the victims and their families.”

International human rights observers, including the IHRDC, stated that the country’s estimated two million Ahwazi Arabs, representing 110 tribes, faced continued oppression and discrimination. Ahwazi rights activists reported the government continued to confiscate Ahwazi property to use for government development projects, refusing to recognize property titles issued during the prerevolutionary era.

On March 30 and 31, according to reports from families of prisoners, journalists, and Ahwazi Arab human rights activists and organizations, security forces used excessive force to quell prison protests in the city of Ahvaz in Khuzestan Province, causing up to 15 deaths in Sepidar Prison and 20 deaths in Sheiban Prison (see section 1.a.). Numerous videos taken from outside both prisons and shared on social media showed smoke rising from the buildings, while sounds of gunfire can be heard. Arab minority rights activist Mohammad Ali Amourinejad and several other inmates, including prisoners of conscience serving life sentences for “enmity against God” due to promoting educational and cultural rights for Ahwazi Arabs, were transferred out of Sheiban Prison following the unrest and by year’s end were held incommunicado in an unknown location (see section 1.b.).

Ethnic Azeris, who number more than 18 million, or approximately 24 percent of the population, were more integrated into government and society than other ethnic minority groups and included the supreme leader. Azeris reported the government discriminated against them by harassing Azeri activists or organizers and changing Azeri geographic names.

In October, following an outbreak of violence between Armenia and Azerbaijan over the Nagorno-Karabakh region, Amnesty International expressed concern over the arrest of approximately 20 ethnic Azeri activists in Iran who had participated in pro-Azerbaijan protests. HRANA asserted the number of protesters arrested was much higher, adding that they were arrested “violently.”

Local and international human rights groups alleged discrimination during the year against the Baluchi ethnic minority, estimated at between 1.5 and two million persons. Areas with large Baluchi populations were severely underdeveloped and had limited access to education, employment, health care, and housing. Baluchi activists reported that more than 70 percent of the population lived below the poverty line.

According to activist reports, the law limited Sunni Baluchis’ employment opportunities and political participation. Activists reported that throughout the year, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population. According to Baluchi rights activists, Baluchi journalists and human rights activists faced arbitrary arrest, physical abuse, and unfair trials.

On May 6, IranWire and the Unrepresented Nations and Peoples Organization reported security forces shot and killed Sunni Baluchi brothers Mohammad and Mehdi Pourian in their home in Iranshahr, the capital of Sistan and Baluchistan Province. A 17-year-old named Daniel Brahovi was also killed in the incident. Iranshahr prosecutor Mohsen Golmohammadi told local media that the three were “famous and well-known miscreants” and that “several weapons and ammunition were seized from them.” The families of the three deceased men registered a complaint against the security forces involved but did not receive any official information regarding the judicial process or information related to their sons’ alleged criminal activity.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity. While few details were available for specific cases, lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists expressed concern that the government executed LGBTI individuals under the pretext of more severe, and possibly specious, criminal charges such as rape. In June 2019 the foreign minister appeared to defend executions of LGBTI persons for their status or conduct. After being asked by a journalist in Germany why the country executes “homosexuals,” the foreign minister stated, “Our society has moral principles. And we live according to these principles. These are moral principles concerning the behavior of people in general. And that means that the law is respected and the law is obeyed.”

Security forces harassed, arrested, and detained individuals they suspected of being LGBTI. In some cases security forces raided houses and monitored internet sites for information on LGBTI persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian Lesbian and Transgender Network (6Rang) noted that individuals arrested under such conditions were traditionally subjected to forced anal or sodomy examinations–which the United Nations and World Health Organization stated may constitute torture–and other degrading treatment and sexual insults. Punishment for same-sex sexual activity between men was more severe than between women.

In a September survey of more than 200 individuals living in the country and identifying as LGBTI, 6Rang found that 15 percent reported being victims of sexual violence at their school or university, 30 percent reported being victims of sexual violence by their peers, and more than 42 percent reported being victims of sexual violence in public spaces. Anonymous respondents reported being beaten, detained, and flogged by security authorities.

The government censored all materials related to LGBTI status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs and activists in the country.

There was no available update in the case of Rezvaneh Mohammadi, a gender-equality activist sentenced to five years in prison by a revolutionary court in December 2019. According to CHRI, authorities arrested Mohammadi in 2018 and held her in solitary confinement for several weeks at Evin Prison, where they pressured her, including with threats of rape, to confess to receiving money to overthrow the government.

Hate-crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes.

The law requires all male citizens older than age 18 to serve in the military but exempts gay men and transgender women, who are classified as having mental disorders. Military identity cards list the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination.

NGOs reported authorities pressured LGBTI persons to undergo gender reassignment surgery. According to a July report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” or reparative therapies of LGBTI persons continued to grow. The NGO 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTI persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of the opposite sex. According to 6Rang, one such institution is called The Anonymous Sex Addicts Association of Iran, with branches in 18 provinces.

HIV and AIDS Social Stigma

Despite government programs to treat and provide financial and other assistance to persons with HIV/AIDS, international news sources and organizations reported that individuals known to be infected with HIV/AIDS faced widespread societal discrimination. Individuals with HIV or AIDS, for example, continued to be denied employment as teachers.

Rape and Domestic Violence: Rape of women and men is a crime, with a maximum penalty of life in prison, but sentences typically were much shorter. Domestic violence is a crime. The law provides for penalties of up to six months in prison for common assault and up to five years in prison for assault involving bodily harm.

The government, in partnership with UN Women, the Fiji Women’s Crisis Center, the Secretariat of the Pacific Community Regional Rights Resource Team, and development partners, continued training for police, public prosecutors, health workers, social welfare workers, education officials, elected officials, and NGO workers to implement the law effectively. Cultural taboos on reporting rape and domestic abuse and police attitudes encouraging reconciliation rather than prosecution existed.

The government continued implementing the Eliminating Sexual and Gender-based Violence Policy through a 10-year national action plan launched in 2011 and addressing inequalities through its Gender Equality and Women’s Development Policy. The police force has a Domestic Violence and Sexual Offenses Unit whose officers participated in a capacity-building program that provided training in handling such cases. Police ran a 24-hour hotline for victims of sexual violence and domestic abuse. The Kiribati Women and Children Support Center continued increasing support for women and children affected by violence. With the support of an NGO, the center provided victims with counselling and referral services. The Catholic Church operated a second shelter for women and children in Tarawa. The Ministry of Health operated a clinic at the main hospital in Tarawa for victims of domestic violence and sexual offenses.

Sexual Harassment: The law criminalizes sexual harassment and prescribes a monetary fine for anyone found guilty of the offense. There were no official reports of sexual harassment. The Ministry of Employment and Human Resource is implementing a three-year Gender Access and Equality Plan to promote a zero-tolerance policy for sexual harassment in government workplaces and training institutes.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and to manage their reproductive health. They had access to the information and means to do so, free from discrimination, coercion, and violence. Access to contraception, as well as prenatal, obstetric, and postnatal care, was available from public health hospitals and centers. The Kiribati Family Health Association also offered mobile reproductive health-clinic services, undertook public campaigns, and provided information and counseling on family planning, although cultural and religious influences remained barriers to access and utilization of services.

The government provided sexual and reproductive health services to survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilizations on the part of government authorities.

Discrimination: The law prohibits discrimination on the basis of gender in employment but not on other grounds (see section 7.d.), and there were no reports of government enforcing the law. Women have equal access to education. Property ownership rights are generally the same for men and women, but land inheritance laws are patrilineal, and sons often inherited more land than daughters. The citizenship law contains some discriminatory provisions. For example the foreign wife of a male citizen acquires citizenship automatically through the marriage, but the foreign husband of a female citizen does not. Mothers cannot confer nationality to their children.

Birth Registration: Citizenship is acquired by birth in the country, unless the child acquires the citizenship of another country at birth through a noncitizen parent. Citizenship may also be acquired through the father. The law requires birth registration within 10 days.

Child Abuse: The law covers the care and protection of minors; the Ministry of Women, Youth, and Social Affairs is responsible for implementing the law. Child abuse, both physical and occasionally sexual, and often exacerbated by chronic alcohol abuse, continued to be a serious problem. The government, with collaboration from international partners, finalized its child protection interagency guidelines and referral pathway and provided training for service providers on the guidelines.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 21, or 17 with the permission of a parent or guardian.

Sexual Exploitation of Children: The law prohibits the procurement of any girl younger than 18 for the purpose of prostitution and prohibits using a child of either gender younger than 15 for prostitution. In both cases the maximum penalty is two years in prison. The minimum age for consensual sex is 15. Sexual relations with a girl younger than age 13 carry a maximum penalty of life imprisonment, and sexual relations with a girl ages 13 to 14 carry a maximum penalty of five years in prison. The victim’s consent is not a permissible defense under either provision; however, in the latter case, reasonable belief the victim was 15 or older is a permissible defense. While this provision applies only to female children, male-on-male sexual exploitation of children can be prosecuted under provisions against “unnatural” offenses (which cover both male and female victims) and as acts of “gross indecency between males,” with maximum penalties of 14 and five years in prison, respectively. The penal code has no specific provision concerning child pornography.

Anecdotal information from local government and nongovernment sources suggested that a small number of underage girls were exploited in commercial sex with crewmembers from foreign fishing vessels.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There is no permanent Jewish community, and there were no reports of anti-Semitic acts.

There were no confirmed reports during the year that Kiribati was a source, destination, or transit country for victims of human trafficking.

There are no overall legal protections for persons with disabilities. The law prohibits discrimination in employment against persons with disabilities. It does not define disability but prescribes a fine for anyone found guilty of the offense, although the law was not enforced.

Public infrastructure and essential services did not meet the needs of persons with disabilities. Access to buildings, communications, and information for persons with disabilities is not mandated, and there were no specific accommodations for persons with disabilities.

Most children with disabilities did not have access to education. Seven schools in the outer islands, the teacher’s college, and the Ministry of Education headquarters were accessible for children and staff with physical disabilities.

The Ministry of Women, Youth, and Social Affairs is responsible for protecting the rights of persons with disabilities.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual sexual conduct between men is illegal, with a maximum penalty of five to 14 years’ imprisonment depending on the nature of the offense, but there have been no reports of prosecutions under these provisions for many years. No law specifically prohibits discrimination on the basis of sexual orientation or gender identity in housing, employment, nationality laws, or access to government services such as health care.

There were no reports of investigations into violence and abuse against persons based on sexual orientation or gender identity, but social stigma and the inaccessibility of government services may prevent reporting of incidents of discrimination or violence based on sexual orientation or gender identity.

Rape and Domestic Violence: The law criminalizes rape and domestic violence against all persons, including rape of a relative or spouse. By law, rape is punishable by two to 15 years in prison. EULEX noted courts often applied penalties lighter than the legal minimum in rape cases and that law enforcement rarely took steps to protect victims and witnesses. Furthermore, sentences were often further decreased by the appellate court. The Prosecution Victim Assistance Office reported an increased number of domestic violence cases during the year, from 946 cases in 2019 to 1,145 as of October. Sexual violence and rape occurring either within or outside the family or domestic unit, were rarely reported by victims, frequently due to social stigma or lack of trust in authorities.

The law recognizes gender-based violence as a form of discrimination but lacks a definition of gender-based violence for use in criminal and civil proceedings. Women’s rights organizations held a protest in June to draw attention to disparities between domestic violence suspects, who are generally incarcerated, and sexual assault suspects, who are often released. The groups demanded both types of crimes be treated equally by judicial officials.

The Prosecution Victim Assistance Office helped to provide access to justice for victims of all crimes, with a special focus on victims of domestic violence, trafficking in persons, child abuse, and rape. In addition, each prosecutor’s office had a prosecutor who specialized in handling domestic violence cases. These prosecutors could apply risk-assessment tools to mitigate risk of future abuse and were empowered to recommend harsher sentences for repeat offenders and violators of protective orders.

Police investigated cases of domestic violence before transferring them to prosecutors who make the determination on filing charges. In the first half of the year, the prosecution expeditiously processed domestic violence cases and indictments. The rate of prosecution was low, however, and sentences were often lowered on appeal. Advocates and court observers asserted prosecutors and judges favored family unification over victim protection, with protective orders sometimes allowing the perpetrator to remain in the family home while a case was pending. Sentences ranged from judicial reprimands to up to five years’ imprisonment. The criminalization of domestic violence in April 2019 was accompanied by an increase in arrests, prosecutions, and convictions for the crime. The Pristina basic court held online hearings on domestic violence cases consistent with government anti-COVID-19 pandemic measures.

In September a basic court reduced the life sentence of Pjeter Ndrecaj for murder to 24 years’ imprisonment after the Supreme Court returned the case for retrial. Ndrecaj was found guilty of killing his former wife and nine-year-old daughter in 2018. The court’s original sentence of 24 years had been extended in 2019 by the court of appeal, which found aggravating circumstances not considered by the basic court. Ndrecaj’s former wife had sought help from the police station in Gjakove/Djakovica several hours prior to the killing, but police failed to locate Ndrecaj before the murders took place. As a result, three police officers received five-month suspensions for “abuse of official duty.”

The government licensed and supported 10 NGOs to assist child and female survivors of domestic violence. The government established a budget line for financial support of shelters, resolving a long-standing funding problem. Both NGOs and shelters reported timely receipt of funding.

The Office of the Prime Minister maintained a commission to recognize and compensate survivors of wartime sexual violence. The commission has granted pensions to more than 800 women since 2018. The SPRK designated one prosecutor for cases of wartime sexual violence. Police maintained a unit for war crimes cases, including cases of wartime sexual violence.

Sexual Harassment: The law defines sexual harassment in civil and criminal proceedings. The criminal code stipulates prison sentences as an enhanced penalty for sexual harassment against vulnerable victims and in cases where the criminal procedure is initiated upon the victim’s request. In cases where a crime is committed with the use of a weapon, the sentence may vary from one to five years in prison. The NGO Kosovo Women’s Network reported that implementation of sexual harassment laws was hampered by poorly defined procedures for filing complaints of harassment, and lack of clarity regarding which government bodies should receive these complaints.

According to women’s rights organizations, harassment was common at workplaces in both the public and private sectors and in public institutions of higher education.

Reproductive Rights: Couples and individuals, regardless of gender, ideology, or religious or cultural background; have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and the means to do so, free from discrimination, coercion, or violence. The government generally respected reproductive rights, but poor, marginalized, and illiterate individuals often had insufficient access to information. To address the problem, the government and the UN Population Fund created family-planning curricula for all educational levels and were training educators to implement it. According to 2018 World Bank data, the country had 16 births per 1,000 inhabitants. A 2019 report from the international coalition Countdown to 2030 found that 88 percent of women had access to modern contraception, 98 percent had at least four prenatal medical visits, and 99 percent had a skilled health-care provider attend the delivery. Accurate maternal mortality data were unavailable, because the government neither gathered nor maintained records of such deaths. The law obligates the government to provide access to sexual and reproductive health services for survivors of sexual violence, including survivors of conflict-related sexual violence. Survivors are assigned a “victim’s protection official” who assists with both criminal justice and medical treatment processes. The Ministry of Labor and Social Welfare registered survivors of conflict-related sexual violence and provided them with medical and psychosocial support as well as a monthly pension. More than 800 individuals received such benefits during the year.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides the same legal status and rights for women and men. The law requires equal pay for equivalent work. The law stipulates that partners in marriage and civil unions have equal rights to own and inherit property, but men usually inherited family property and other assets. In rare instances Kosovo-Albanian widows, particularly in rural areas, risked losing custody of their children due to a family custom requiring children and property to pass to the deceased father’s family while the widow returned to her birth family.

Relatively few women occupied upper-level management positions in business, police, or government. The Kosovo Women’s Network reported women were often subject to discriminatory hiring practices.

Gender-biased Sex Selection: The boy-to-girl ratio at birth was 108 boys to 100 girls. The government did not introduce policies to encourage a more equal gender balance.

Birth Registration: Children acquire citizenship from citizen parents or by birth in the country, including those with parents whose citizenship was not documented. Those not registered at birth were primarily from the Romani, Ashkali, and Balkan-Egyptian communities. UNICEF indicated lack of registration could adversely affect a child’s access to social assistance, particularly for repatriated children. Children who were not registered were considered stateless.

Child Abuse: The criminal code does not specifically criminalize child abuse but addresses various elements of child abuse, including in sections on sexual assault, rape, trafficking in persons, and child pornography, among others. Penalties range from five to 20 years’ imprisonment. The incidence of child abuse was unknown due to social stigma and lack of reliable data.

The Law on Child Protection entered into force in July. The international NGO Terre des Homme Kosovo assisted the Ministry of Labor and Social Welfare in drafting additional legislation as part of comprehensive implementation measures. The law stipulates establishment of houses offering temporary shelter, protection, and emergency assistance to child victims of physical or sexual abuse, and sets standards for licensing and operation.

In July 2019 a nine-year-old boy from Fushe Kosove was raped and killed. The boy’s mother had reported his rape by the suspect to police prior to the killing, but the suspect was released after questioning and never rearrested. Six months later, the child was found dead in Fushe Kosove/Kosovo Polje. The suspect was then arrested for rape and aggravated murder. Following the trial, police and prosecutors began jointly reviewing all procedures and actions in child abuse cases. Disciplinary investigations were initiated against two prosecutors involved in the case over suspicion they failed to address claims of abuse in a timely and efficient manner. One of the prosecutors was disciplined by the Prosecutorial Council. A human rights lawyer took up the case and sought to hold officials accountable for inaction.

Child, Early, and Forced Marriage: The law allows persons to marry at age 16 with parental consent. Although there are no official data on early and forced child marriages, it was a common practice, including in Roma, Ashkali, Balkan-Egyptian, Bosniak, and Gorani communities. According to a government report that focused on these communities, approximately 12 percent of children, mostly girls, married before age 15. High poverty levels in these communities contributed to these rates.

Sexual Exploitation of Children: The law prohibits possession, production, and distribution of child pornography. Persons who produce, use, or involve a child in making or producing pornography may receive a prison sentence of one to five years. The distribution, promotion, transmission, offer, or display of child pornography is punishable by six months’ to five years’ imprisonment. Possession or procurement of child pornography is punishable by a fine or imprisonment of up to three years.

The minimum legal age for consensual sex is 16. Statutory rape is a criminal offense punishable by five to 20 years in prison. Terre des Homme Kosovo reported that national mechanisms for identification and referral of children who are vulnerable to sexual exploitation are ineffective. The organization noted children transported from Albania for street work are inadequately identified as potential victims of trafficking or children at risk of trafficking. The municipality of Pristina established a special task force intended to address these issues and provide protection and necessary services for children engaged in street work.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

Approximately 50 Jewish persons resided in the country, according to the Jewish community. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, and provide for equal access to education, employment, and other state services. The government did not effectively enforce these provisions, and persons with disabilities faced discrimination in access to education and hiring.

In December the NGO Association of Paraplegic and Paralyzed Children of Kosovo (Handi-Kos) presented an assessment of the country’s disability legislation, based on the UN Convention on the Rights of Persons with Disabilities. The report noted that elementary schools in Kosovo generally did not ensure adequate disability access, and internal facility design did not ensure the equal status of children with disabilities with their peers. The report stated this lack of access resulted in a higher dropout rate for children with disabilities.

The law on the employment of persons with disabilities states that the Ministry of Labor and Social Welfare and the Ministry of Health will introduce special legislation that determines the level of working capacity for persons with disabilities. The absence of this legislation directly affects the employment of persons with disabilities and reinforces existing social stigma around disability.

According to Handi-Kos, health and rehabilitative services, social assistance, and assistive devices for persons with disabilities was insufficient. Physical access to public institutions remained difficult, even after the implementation of bylaws on building access and administrative support. Handi-Kos reported municipal compliance with a 2007 mandate on access to government buildings is in the single digits.

The parliament building itself was not accessible, and one member of parliament in a wheelchair had to be carried into the assembly hall by colleagues. Likewise, in the municipality of Sukhareka, persons in wheelchairs had access only to the ground floor of the municipal building, but not floors containing the mayoral and directorate offices. Educational options for children with disabilities were limited. According to Handi-Kos, approximately 38,000 children with disabilities did not attend school.

In August the Ombudsperson Institution published a report criticizing unequal access to interurban transportation for blind persons, despite legal requirements for such access. It recommended decreasing transport fees for disabled persons, reserving two seats on public transport for travelers with disabilities, and mandating a minimum number of law-enforcement inspections per month for urban and interurban public transport vehicles. To date, no entity or organization responded to this report.

The law regulates the commitment of persons to psychiatric or social care facilities and protects their rights within such institutions but it has not been implemented. The country lacks an adequate system for classification of procedures, placement, and treatment of detainees with mental disabilities. The KRCT described mental health facilities as substandard and generally at full capacity. The KCRT also noted the need for additional capacity specifically for women and juveniles with mental disabilities. The Institute of Forensic Psychiatry had a capacity of 36 beds, of which 12 were for psychiatric examinations and 24 were for mandatory psychiatric treatment. The institute did not have a specific area for treatment of women and juveniles. There were instances when domestic violence offenders with mental disabilities did not complete mandatory psychiatric care but left institute facilities due to inadequate infrastructure and capacity.

The KRCT noted that the lack of capacity at the Institute of Forensic Psychiatry led to detainees with mental disabilities being sent to standard correctional centers rather than to mental health facilities, in contradiction of both domestic law and international standards.

Societal violence persisted against Kosovo-Serb and other ethnic minority communities, all of which were also affected by social and employment discrimination.

The Kosovo-Serb community, its representatives, civil society, and the international community expressed concern over incidents involving thefts, break-ins, verbal harassment, and damage to the property of Kosovo-Serbs, particularly returnees in rural areas. The NGO AKTIV reported more than 20 incidents between March and June targeting Kosovo-Serbs, including arson, physical attacks, and robberies. Between January and October, the Communities and Return Ministry received complaints of 49 security incidents affecting Kosovo Serbs and returnees. For example the ministry issued a press release on April 28 condemning the burning of a house in Cernice/a and on May 27 issued a press release condemning the stoning of a returnee house in Lubozhde/Ljubozda and a physical attack in Drenovc/Drenovac. The ministry publicly appealed to police to enhance patrols in critical locations and bring the perpetrators to justice.

Kosovo-Serb representatives claimed ethnic hatred was the key motive for some incidents, such as the stoning of returnee houses, cases of arson, and graffiti. The representatives claimed the government did not adequately respond to these incidents. In some cases police investigations resulted in the perpetrators’ arrest.

In October unknown perpetrators reportedly shot at a group of Kosovo-Serb youth in the Bernice e Poshtme/Donja Brnjica village school in Pristina municipality. No one was injured in the incident. According to media reports and the youths, the perpetrators spoke Albanian. Police agreed to increase police presence in the area following an October 4 meeting between local Kosovo-Serbs, their representatives, police, and KFOR. Police arrested one person in connection with the incident.

Harassment of Kosovo-Serb members of the Kosovo Security Force (KSF) by other ethnic Serbs was commonplace, although usually the incidents were difficult to trace. Victims in most cases did not report the incidents to police for fear of escalation and retaliation. In June a local court ordered the 30-day detention of a Kosovo Serb for harassing a Kosovo-Serb KSF member on social media. According to the prosecution, the victim received threatening messages after the suspect posted a photo of the victim in uniform alongside Ramush Haradinaj, a former prime minister and KLA commander. The suspect removed the post, but the victim continued to receive threatening messages. Kosovo-Serb KSF members were also routinely detained by Serbian authorities at Kosovo-Serbia border crossings.

The Ministry of Defense and KSF leadership took some steps to protect Kosovo-Serb members. These steps included better documentation of incidents, routine welfare checks by commanders, and attempts at improving the response of police and the Kosovo Intelligence Agency. The government launched a KSF recruitment campaign where leaders amplified minority recruitment efforts.

Access to justice for Kosovo Serbs improved due to the 2017 integration of the judiciary system in the four northern Serb-majority municipalities and integration of Kosovo-Serb judges and staff in other basic courts in the country. The judiciary suffered from a lack of funding and support for minorities. Poor or delayed translation in court proceedings, a backlog of cases in the north, nonexecution of court decisions, limited numbers of minority staff, and inconsistency between Albanian and Serbian translations of legislation continued to hinder the delivery of justice for Kosovo Serbs and other minority communities.

The Romani, Ashkali, and Balkan-Egyptian communities often lacked access to basic hygiene, medical care, and education and were heavily dependent on humanitarian aid for subsistence. The government provided food and hygiene assistance to these communities beginning in March due to the COVID-19-related limitations on movement. Community representatives and civil society stated the assistance was insufficient to protect members of these communities from exposure to the virus and spreading the virus through traditionally practiced street work.

The prime minister’s Office of Community Affairs and the Ombudsperson Institution noted discrimination in public sector employment in almost all local and national institutions. Although the law mandates 10 percent of employees at the national level of government be ethnic minorities, their representation remained limited and generally confined to lower-level positions. Smaller communities, such as Gorani, Roma, Ashkali, and Balkan-Egyptians, were particularly underrepresented.

The law requires equal conditions for all schoolchildren and recognizes minority students’ right to public education in their native language through secondary school. This law was not enforced. Bosniak, Croat, Gorani, Montenegrin, Romani, and Turkish community leaders cited the unavailability of textbooks and other materials in the Serbian, Bosnian, and Turkish languages, occasionally turning to Albanian-language curriculum or curriculum sponsored by Serbia or Turkey to educate students.

The Office of the Language Commissioner monitored and reported on the implementation of legislation that conferred equal status to the country’s two official languages, Albanian and Serbian, as well as other official languages at the local level, including Bosnian and Turkish. The commissioner reported municipal administrations and central government institutions were inconsistent in implementing provisions of national language laws, for example, in providing Serbian translations of government statements, including emergency notices, during the COVID-19 pandemic, a complaint echoed by Kosovo-Serb civil society groups. The Office of the Language Commissioner also reported that failure to consistently implement language laws meant that many citizens were denied equal access to public services, information, employment, justice, and other rights.

Lack of translation or poor translation was also reported as a problem with regards to numerous laws, signs within public institutions, and communication during court proceedings. To address the problem of inconsistently translated legislation, the government passed a concept note sponsored by the country’s language commissioner in May 2019 requiring establishment of a governmental translation unit. As of November, the unit had not been established.

Courts regularly failed to provide adequate translation and interpretation services to minority defendants and witnesses and did not provide adequate translation of statute and court documents as required by law. The Kosovo-Serb NGO AKTIV reported that courts sent their decisions, including decisions on detention and verdicts, in the Albanian language to members of the Kosovo-Serb and other minority communities. AKTIV noted such practices inhibited access to legal remedies for members of minority communities.

Amendments to administrative rulings permit Bosniaks and ethnic Turks to have identity documents issued in their own languages, but minority representatives often complained of poor treatment by public servants and delayed implementation.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution and law prohibit discrimination based on sexual orientation and gender identity in employment, health care, and education. When the motivation for a crime is based on gender, sexual orientation, or perceived affinity of the victim with persons who are targets of such hostility, the law considers motivation to be an aggravating circumstance.

According to human rights NGOs, the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community faced overt discrimination in employment, housing, determination of statelessness, and access to education and health care.

The NGO Center for Equality and Liberty reported that societal pressure persuaded most LGBTI persons to conceal their sexual orientation or gender identity. A representative noted police were insensitive to the needs of the LGBTI community. The center also noted increased homophobic public reactions in social media since the introduction of country-wide government measures against the COVID-19 pandemic.

Police were inclusive and accepting of LGBTI and other minority communities in their public messaging, and senior police officials participated in the annual pride parade. Pristina municipality established a drop-in center for at-risk LGBTI persons.

In August 2019 the appeals court upheld a basic court ruling permitting the change of the sex marker on identity documents from female to male for a citizen living abroad. In total, two citizens changed their identity documents following lengthy court procedures, while four citizens’ requests for change of identity documents have not been resolved.

On September 4, Prime Minister Hoti and Serbian President Vucic signed agreements in which the two countries agreed to work with foreign governments to decriminalize homosexuality in the 69 countries where it is considered a crime.

HIV and AIDS Social Stigma

There were no confirmed reports of official discrimination against persons with HIV or AIDS during the year.

Rape and Domestic Violence: Rape, including spousal rape, is illegal. As in previous years, the government failed to enforce the law effectively, and many rape victims did not report their rape or sexual assault to police or NGOs. Penalties for conviction of sexual assault range from three to eight years’ imprisonment. Prosecutors rarely brought rape cases to court. Police generally regarded spousal rape as an administrative rather than criminal offense.

While the law specifically prohibits domestic violence and spousal abuse, violence against women and girls remained a significant yet underreported problem. Penalties for domestic violence convictions range from fines to 15 years’ imprisonment, the latter if abuse resulted in death. In 2019 HRW criticized the government for failing to prevent and punish violence against girls. In 2017 the Ministry of Internal Affairs reported that the number of registered cases of domestic violence was more than 7,000. In 2018 this figure increased by 14 percent to approximately 8,000 cases. HRW reported that, within the first 14 days of the year, at least three women were killed in domestic violence cases. The Ministry of Justice reported 6,145 domestic violence cases registered by the police in 2019, but only 649 resulted in criminal cases. Four of the criminal cases were for killings. Among the domestic violence cases brought to court, prosecutors classified a significant number as administrative offenses or misdemeanors, which carry a lighter sentence. A 2019 revision to the Code of Misdemeanors, however, includes a provision that criminalizes domestic violence. During the state of emergency due to COVID-19, media reported that domestic violence increased by as much as 60 percent, with a 65 percent increase in domestic violence cases in Bishkek from the prior year. Both the Ombudsman’s Office and the prime minister called for stronger laws against gender-based violence in response to the increase in domestic violence.

Many women did not report crimes against them due to psychological pressure, economic dependence, cultural traditions, fear of stigma, and apathy among law enforcement officers. Civil society and media reported instances of spouses retaliating against women who reported abuse. The government provided offices to the Sezim Shelter (Sezim is the Kyrgyz word for crisis) in Bishkek for victims of domestic abuse and paid some of its expenses. International NGOs and organizations contributed funding to other shelters throughout the country. Despite this funding, NGOs such as Human Rights Watch questioned the government’s commitment to address the problem.

On June 12, a video surfaced on social media depicting a man torturing and humiliating his wife in public while an unknown individual filmed the abuse at his demand. Although the woman in the video declined to press charges against her husband, prosecutors charged him with torture, a charge that does not require a complaint by the victim. On July 2, the Suzak District Court of Jalal-Abad Province found the man guilty of torturing his wife, sentenced him to two years of probationary supervision, and released him from custody. The court ruled on a number of obligations that the accused must fulfill; otherwise, the sentence may be reviewed in favor of imprisonment. According to lawyers from the human rights organization Spravedlivost, probationary supervision is a new norm in the law that allows the court to make a decision based on the gravity of a crime, identity of a perpetrator, and their behavior.

Other Harmful Traditional Practices: Although prohibited by law, the practice of kidnapping women and girls for forced marriage continued. In 2018 the United Nations estimated kidnappers forced 13.8 percent of girls younger than age 24 into marriage. Men married to kidnapped brides were more likely to abuse their wives and limit their pursuit of education and employment. The negative effect of the practice extended to children of kidnapped brides. Observers reported there was a greater frequency of early marriage, polygamy, and bride kidnapping in connection with unregistered religious marriages. This also affected data availability on such marriages. In 2018 the Ministry of Internal Affairs reported that over the previous five years, 895 individuals complained to the law enforcement authorities regarding bride kidnapping. In 727 cases victims did not file criminal cases against the perpetrators. Police and prosecutors criminally investigated 168 cases.

Some victims of bride kidnapping went to the local police to obtain protective orders, but authorities often poorly enforced such orders. NGOs continued to report that prosecutors rarely pursue kidnappers for bride kidnapping. The law establishes penalties for bride kidnapping of 10 years in prison and a fine.

Sexual Harassment: The law prohibits physical sexual assault but not verbal sexual harassment. Police did not actively enforce these laws. Media reported on widespread sexual harassment in the workplace and on public transportation.

Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, and violence. The law stipulates that citizens have the right to make decisions freely and responsibly regarding the number of children and the time of their birth in marriage or out of wedlock, and the intervals between births necessary to preserve the health of the mother and children.

According to the law, every woman has the right to use contraception and to undergo surgical procedures to prevent future pregnancies. National health regulations require that family planning counseling and services be readily available through a range of health-care professionals. Citizens have the right to receive reproductive health consultations at public or private hospitals and request information on a variety of subjects, including the status of reproductive and sexual health, prevention of sexually transmitted infections, and methods of contraception. While the government supports access to contraceptives, there are long-held societal attitudes against the use of contraception, especially contraception used outside of marriage.

Local NGOs and the UN Population Fund reported that, despite the legally guaranteed access to reproductive health, women were often denied access to reproductive healthcare due to societal barriers. National healthcare protocols require that women be offered postpartum care and counseling on methods and services related to family planning. Reproductive health access remains limited in some rural areas. There are no governmental barriers to victims of sexual violence receiving reproductive healthcare, although social stigma likely contributes to some women not receiving adequate healthcare as victims of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for the same legal status and rights for women and men, but enforcement of the law was poor, and discrimination against women persisted.

Data from NGOs working on women’s issues indicated women were less healthy, more abused, less able to work outside the home, and less able than men to determine independently the disposition of their earnings.

Birth Registration: Although the law provides that every child born in the country has the right to receive a birth certificate, local registration, and citizenship, some children of migrant parents who moved to and acquired citizenship of another country had to prove both of their parents were Kyrgyz citizens to acquire Kyrgyz citizenship.

Education: The law provides for compulsory and free education for the first nine years of schooling or until age 14 or 15. Secondary education is free and universal until age 17. The government did not provide free basic education to all students. The system of residence registration restricted access to social services, including education for children who were refugees, migrants, or noncitizens. Families of children in public school often paid burdensome and illegal administrative fees.

Child Abuse: No specific law covers child abuse in the country. The Children Code regulates the role of different state institutions in ensuring, providing, and protecting children’s rights. According to NGO and UN reports, child abuse, including beatings, child labor, and commercial sexual exploitation of boys and girls continued to occur. According to the National Statistics Committee, more than 277,000 children were without parental care due to labor migration to Russia and other countries. The Child Protection League stated that violence against children left under guardianship of the migrants’ relatives occurs in almost all cases.

Child, Early, and Forced Marriage: Children ages 16 and 17 may legally marry with the consent of local authorities, but the law prohibits civil marriages before age 16 under all circumstances. Although illegal the practice of bride kidnapping continued (see section 6, Women). The kidnapping of underage brides remained underreported.

In 2018 UNICEF estimated that 12.7 percent of married women between the ages of 20 and 49 married before age 18. A 2016 law criminalizes religious marriages involving minors; however, prosecutors did not file any cases of criminal charges for religious marriages involving minors.

Sexual Exploitation of Children: The law prohibits the sale of children younger than age 18, child trafficking, child prostitution and child pornography, as well as other sexual crimes against children. The law criminalizes the sale of persons and forced prostitution. It provides penalties for conviction of up to 15 years in prison if the victim is a child. The law also makes it a crime to involve someone in prostitution by violence or the threat of violence, blackmail, destroying or damaging property, or fraud. The government made limited efforts to enforce the law.

The criminal code prohibits the distribution of child pornography and the possession of child pornography with the intent to distribute. The law does not specifically define child pornography, and the criminal code does not fully criminalize computer-related use, access to child pornography online, or simple possession of child pornography.

According to UNICEF and local observers, children younger than age 18 in Bishkek were involved in prostitution. Although precise figures were not known, police stated that typical cases of children in prostitution involved young girls from rural areas who relocated to Bishkek for educational opportunities or to flee from an abusive family environment. Once in the capital, they entered the sex trade due to financial need. NGOs and international organizations reported law enforcement officials’ complicity in human trafficking by accepting bribes to drop cases, warning suspected traffickers prior to raids, and allowing traffickers to avoid punishment by offering victims payment to drop cases. Police allegedly threatened, extorted, and raped child sex-trafficking victims. The government reportedly did not always investigate allegations of government employees complicit in human trafficking offenses. Under the criminal code, it is illegal for persons ages 18 and older to have sexual relations with someone younger than age 16.

Displaced Children: There were numerous reports of child abandonment due to parents’ lack of resources, and large numbers of children lived in institutions, foster care, or on the streets. Approximately 80 percent of street children were internal migrants. Street children had difficulty accessing educational and medical services. Police detained street children and sent them home if an address was known or to a rehabilitation center or orphanage.

Institutionalized Children: State orphanages and foster homes lacked resources and often were unable to provide proper care. This sometimes resulted in the transfer of older children to mental health-care facilities even when they did not exhibit mental health problems. The ombudsman stated the country’s sole children’s detention center did not respect the right of juvenile detainees to education and medical services.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish population in the country was approximately 460. There were no reports of anti-Semitic acts.

See the Department of State’s 2019 Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law mandates access to buildings for persons with disabilities, requires access to public transportation and parking, authorizes subsidies to make mass media available to persons with hearing or vision disabilities, and provides free plots of land for the construction of a home. The government generally did not ensure proper implementation of the law, and discrimination persisted. In addition persons with disabilities often had difficulty finding employment due to negative societal attitudes and high unemployment among the general population.

A lack of government resources made it difficult for persons with disabilities to receive adequate education. Although children with disabilities have the right to an education, the Association of Parents of Children with Disabilities stated schools often denied them entry. The government funded programs to provide school supplies and textbooks to children with mental or physical disabilities. The Association of Parents of Children with Disabilities reported efforts by the Ministry of Education and Science to improve the situation by promoting inclusive education for persons with disabilities.

According to UNICEF, the government and families institutionalized one-third of children with disabilities. The government did not adequately provide for basic needs, such as food, water, clothing, heating, and health care, and did not adequately address overcrowded conditions.

Authorities usually placed children with mental disabilities in psychiatric hospitals rather than integrating them with other children.

The PGO is responsible for protecting the rights of persons with mental disabilities. According to local NGO lawyers, members of the PGO had no training and little knowledge of the protection of these rights and did not effectively assist citizens with disabilities. Most judges lacked the experience and training to make determinations whether it was appropriate to mandate committing persons to psychiatric hospitals, and authorities institutionalized individuals against their will.

Observers noted authorities had not implemented a 2008 law requiring employers to fulfill hiring quotas for persons with disabilities (approximately 5 percent of work positions).

Tensions between ethnic Uzbeks–who comprised nearly 15 percent of the population–and ethnic Kyrgyz remained problematic, particularly in Southern Osh Oblast where ethnic Uzbeks make up almost one-half the population. Discrimination against ethnic Uzbeks in business and government, as well as harassment and reported arbitrary arrests, illustrated these tensions. Ethnic Uzbeks reported that large public works and road construction projects in predominantly ethnic Uzbek areas, often undertaken without public consultation, interfered with neighborhoods and destroyed homes. Additionally according to HRW, a 2016 Supreme Court study found that a majority of suspects prosecuted for terrorism and extremism were ethnic Uzbeks from the south. Human rights NGO Bir Duino reported that ethnic Uzbeks were overwhelmingly targeted by laws governing extremist materials shared or liked on social media.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The country does not criminalize consensual same-sex sexual conduct between adults or speech that supports LGBTI issues. LGBTI persons whose sexual orientation or gender identity was publicly known risked physical and verbal abuse, possible loss of employment, and unwanted attention from police and other authorities. Inmates and officials often openly victimized incarcerated gay men. Forced marriages of lesbians and bisexual women to men also occurred. The Labrys Public Foundation noted the continued practice of “corrective rape” of lesbians to “cure” their homosexuality. LGBTI NGOs reported harassment and continuing surveillance of their workers by security services.

In 2014 HRW released a report based on interviews with 40 LGBTI persons chronicling instances of official extortion, beatings, and sexual assault. The report described in detail how police patrolling parks and bars frequented by gay men would threaten them with violence and arrest or threaten to reveal their homosexuality to their families if they did not pay bribes. These practices, according to representatives of the LGBTI community, continued during the year. NGO leaders in the southern part of the country reported an even greater threat. During the year members of the LGBTI community reported that authorities regularly monitored chatrooms and dating sites in an effort to punish and extort those who were seeking homosexual sex through online venues.

LGBTI-friendly NGOs reported that violence against LGBTI persons increased during the state of emergency introduced due to COVID-19, especially family members committing violence against LGBTI persons during quarantine. In the aftermath of the March 8 Women’s March, attacked by ultranationalists in part due to rumors that it was a gay pride march, Member of Parliament Zhyldyz Musabekova published posts on social media calling for violence against LGBTI persons. Musabekova wrote, “Tired of these gays turning the holiday into a mess. They did the right thing and drove them away. Now we need to kick them out of the country.”

On September 29, unknown entities posted a graphic video on social media targeting the American University in Central Asia (AUCA), opposition parties, and the United States for promoting “Western amoral principles” in the country. The video, which included secret recordings of sex acts between two male members of the AUCA community, paints anyone associated with the university, including the leadership of numerous major opposition parties such as Bir Bol and Reforma, as stooges of the West and “promoters of the LGBTI agenda.”

HIV and AIDS Social Stigma

While the law protects against discrimination and stigmatization of persons with HIV or AIDS, according to UNAIDS, persons with HIV continued to encounter high levels of stigma and discrimination. According to 2015 Stigma Index data, HIV-positive persons felt fear or experienced verbal abuse, harassment, and threats, with some reporting incidents of physical abuse and assault. Civil society reported that social stigma of positive HIV/AIDS status led to loss of employment and a lack of access to housing for individuals with such a status or LGBTI persons. A 2019 study conducted by Kyrgyz Indigo, an LGBTI advocacy organization, found that more than 70 percent of gay and bisexual men did not know their HIV/AIDS status.

Rape and Domestic Violence: The law criminalizes the rape of women or men, including spousal rape, and domestic violence. Rape convictions carry a minimum sentence of 10 years’ imprisonment. Sexual assault and rape were commonplace, and according to local and international NGOs, most incidents went unreported. When informed, police generally enforced the law promptly and effectively; however, those cases prosecuted proceeded slowly in the judiciary.

Domestic violence against women was widespread. There were numerous reported abuses. On July 23, body parts of a woman were discovered at Kholokhoe Village. The victim was identified as Makhutlang Lesekele. On September 16, Morero Posholi surrendered to police, admitted killing her, and led them to a neighbor’s pit latrine where he hid her remaining body parts. According to police, Posholi killed Lesekele for ending their relationship.

In January, Commissioner of Police Holomo Molibeli implicated then prime minister Thabane and his wife Maesaiah Thabane in the 2017 killing of his former wife, Lipolelo Thabane, who had refused to grant him a divorce. On February 4, Maesaiah Thabane was indicted for the murder; however, the former prime minister was not indicted, although police stated there was substantial evidence of his involvement. She remained free on bail at year’s end (see section 1.e.).

Advocacy and awareness programs by the LMPS Child and Gender Protection Unit (CGPU), ministries, and NGOs sought to change public perceptions of violence against women and children by arguing violence was unacceptable. The prime minister also spoke strongly against rape and gender-based violence (GBV).

The government had one shelter in Maseru for abused women. The shelter offered psychosocial services but provided help only to women referred to it. Most GBV survivors were unaware of the shelter. In May the government launched a hotline for survivors. Prime Minister Majoro acknowledged GBV had increased markedly during the COVID-19 pandemic.

Other Harmful Traditional Practices: There were reports of forced elopement, a customary practice whereby men abduct and rape girls or women with the intention of forcing them into marriage. For example, on August 23-26, a man reportedly kidnapped and sexually assaulted a 13-year-old girl in Ha Sekake in his home. The perpetrator escaped arrest.

If a perpetrator’s family was wealthy, the victim’s parents often reached a financial settlement rather than report the incident to police or allow the case to proceed to trial.

Labia elongation–the act of lengthening the labia minora (the inner lips of female genitals) through manual manipulation (pulling) or physical equipment (such as weights)–was practiced. According to the NGO Federation of Women Lawyers, labia elongation was not a common practice.

Sexual Harassment: The law criminalizes sexual harassment; however, victims rarely reported it. Penalties for those convicted of sexual harassment are at the discretion of the court. Police believed sexual harassment to be widespread in the workplace and elsewhere (see section 7.e.). There were numerous reported abuses similar to the following example. Police Inspector Makatleho Mpheto filed a legal complaint against Deputy Police Commissioner Paseka Mokete for sexual harassment. She alleged that on April 29, Mokete groped her buttocks. On July 14, Prosecutor Pontso Janki charged Mokete with sexual assault. A trial date had not been set by year’s end.

The CGPU produced radio programs to raise public awareness of the problem.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. However, abortion is illegal except in cases of rape, incest, or fetal impairment.

Social and cultural barriers, but no legal prohibitions, limited access to contraception and related services. There was access to modern contraception for a minimal fee; male and female condoms were readily available free of charge.

The government provided access to sexual and reproductive health services informed by guidelines for medico-legal care for survivors of sexual violence.

According to the most recent data available from the 2014 Lesotho Demographic and Health Survey, the maternal mortality rate was 102 per 100,000 live births. The high rate was primarily attributed to limitations of the health system. The rate of contraceptive usage was 71 percent among married women between ages 35-39 and declined to 40 percent among married women ages 45-49. The survey identified a correlation between education, wealth, and contraceptive use; women with living children were more likely than those without living children to use contraceptives. According to the survey, 95 percent of women who gave birth in the five years before the survey received antenatal care from a skilled provider. Only 41 percent, however, had their first antenatal visit during the first trimester, and only 74 percent had the recommended four or more visits.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Except for inheritance rights, women enjoy the same legal status and rights as men. The law prohibits discrimination against women in marriage, divorce, child custody, employment, access to credit, pay, owning or managing businesses or property, education, the judicial process, and housing. There were no reports women were treated differently from men regarding employment, including in regard to working hours and most occupations and job tasks. There were, however, legal limitations on the employment of women in some industries, such as mining. Women have the right to execute a last will and testament and to sue in court for divorce. A customary law marriage does not have legal standing in a civil court unless registered in the civil system.

Although civil law provides for women to have inheritance, succession, and property rights, customary law does not permit women or girls to inherit property and takes precedence over civil law in property disputes.

Birth Registration: According to the constitution, birth within the country’s territory confers citizenship. The law stipulates registration within three months of birth but allows up to one year without penalty.

Education: By law primary education, which ends at grade seven, is universal, compulsory, and tuition free beginning at age six. The Ministry of Education and Training set the maximum age for free primary education at 13. Secondary education is not free, but the government offered scholarships for orphans and other vulnerable children. Authorities may impose a nominal monetary fine or imprisonment of parents convicted of failing to assure regular school attendance by their children.

Child Abuse: While the law prohibits child abuse, it was a continuing problem, especially for orphans and other vulnerable children. The penalties for conviction of ill treatment, neglect, abandonment, or exposure of a child to abuse are up to two months’ imprisonment and a nominal monetary fine. Neglect, common assault, sexual assault, and forced elopement occurred.

The Maseru Magistrate’s Court has a children’s court as part of a government initiative to protect children’s rights. The CGPU led the government’s efforts to combat child abuse. The CGPU sought to address sexual and physical abuse, neglect, and abandonment of children, and to protect the property rights of orphans. It also advocated changing cultural norms that encourage forced elopement.

Child, Early, and Forced Marriage: Civil law defines a child as a person younger than age 18 but provides for a girl to marry at age 16. Customary law does not set a minimum age for marriage. During the year the Ministry of Social Development conducted public awareness campaigns against child marriage in a number of districts.

Sexual Exploitation of Children: The law sets the minimum age for consensual sex at 18. Anyone convicted of an offense related to the commercial sexual exploitation of children is liable to not less than 10 years’ imprisonment. Child pornography carries a similar sentence. The antitrafficking law criminalizes trafficking of children or adults for the purposes of sexual or physical exploitation and abuse. Offenders convicted of trafficking children into prostitution are liable to a substantial fine, life imprisonment, or both. The death penalty may be applied if an HIV-positive perpetrator is convicted of knowingly infecting a child. Authorities generally enforced the law. Although police stated there were no reported cases of sexual exploitation of children, they believed it occurred.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There was a small Jewish community. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and law prohibit discrimination against persons with disabilities. National disability policy establishes a framework for inclusion of persons with disabilities in poverty reduction and social development programs, but the government did not incorporate objectives or guidelines for the implementation of these programs.

Law and regulations provide for persons with disabilities to have access to public buildings. Public buildings completed after 1995 generally complied with the law, but many older buildings remained inaccessible. According to the executive director of the ‎Lesotho National Federation of Organizations of the Disabled (LNFOD), air travel services were adequate for persons with disabilities. The executive director stated the insufficient number of sign language interpreters in the judicial system who could sign resulted in case postponements for persons with hearing disabilities. Moreover, persons with hearing disabilities who signed could not access state services. Braille and JAWS (Job Access with Speech, a computer software used by persons with vision disabilities) were not widely available. Although the 2020 National Strategic Development Plan was printed in braille, it was uncommon for government documents to be printed in braille.

Children with physical disabilities attended school, but facilities to accommodate them in primary, secondary, and higher education were limited. In August 2019 the Ministry of Education and Training instituted a policy to provide for greater access to education for children with disabilities. The policy provides for increasing the capacity of mainstream schools to accommodate children with disabilities instead of having them attend segregated schools. During the year funding provided by UNICEF for implementation of the policy was redirected to the government’s COVID-19 response.

There were no reports of persons with disabilities being abused in prison, school, or mental health facilities; however, according to the LNFOD, such abuse likely occurred regularly.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

By law, “any person charged with sodomy or assault with intent to commit sodomy may be found guilty of indecent assault or common assault if such be the facts proved.” Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced societal discrimination and official insensitivity to this discrimination.

The law prohibits discrimination attributable to sex; it does not explicitly forbid discrimination against LGBTI persons. The LGBTI rights NGO Matrix reported discrimination in access to health care and in participation in religious activities continued to decline due to its public sensitization campaigns. There were no reports of employment discrimination.

Media reported killings of the elderly across the country. For example, on March 5, three men killed three elderly women accused of witchcraft in Ha Kholopo Village. The government held gatherings to raise public awareness of the problem of elder abuse.

There were reports of societal violence. In February gunmen shot and killed Chief Neo Mankimane and two gravediggers at Ha Makhakhe Village in Mafeteng District. Area Councilor Sebofi Moeketsi believed the killings were related to gang activity.

There were sporadic incidents of mob violence targeting criminal suspects. For example, on June 12, a mob attacked and burned to death two men suspected of the rape and killing a female student at Thabong Village in Maseru.

Rape and Domestic Violence: Rape of a female or male is illegal, but the government did not enforce the law effectively, and rape remained a serious and pervasive problem, especially under COVID-19 enforced lockdowns. The law’s definition of rape does not specifically criminalize spousal rape. Conviction of first-degree rape–defined as rape involving a minor, rape that results in serious injury or disability, or rape committed with the use of a deadly weapon–is punishable by up to life imprisonment. Conviction of second-degree rape, defined as rape committed without the aggravating circumstances enumerated above, is punishable by up to 10 years in prison.

During the year the government increased efforts to combat rape and other forms of sexual and gender-based violence. In July, in response to concerns that the COVID-19 pandemic had contributed to a rise in rape and other cases of sexual and gender-based violence, President Weah created an interministerial taskforce on sexual and gender-based violence. On September 8-9, the Ministry of Gender, Children, and Social Protection convened a national conference on combatting rape and other acts of sexual and gender-based violence, which resulted in a plan to increase government action to address sexual and gender-based violence through victim support functions, the creation of a National Security Task Force on Sexual and Gender-Based Violence, the launch of a public awareness campaign, capacity building for relevant ministries, and harsher punishments for perpetrators. As a result, public awareness of the issue increased, but the task force faced logistical challenges, such as a lack of vehicles.

On July 23, Vice President Jewel Howard-Taylor called for the arrest of Sense Kaiwu, a high school teacher at the Pejuhum public school in Grand Cape Mount County, Tewor District. Kaiwu allegedly raped and impregnated a 14-year-old girl in October 2019, who gave birth in July. The teacher fled, and no further information on his whereabouts was available at year’s end.

In August a consortium of civil society groups organized three days of protest against what the groups termed “an increasing wave of rape in Liberia.” On the first day of the protest, partisan violence broke out between protesters and persons believed to be supporters of the ruling CDC political party, who objected to the presence of Senator Abraham Darius Dillon on the protest grounds. Stone throwing between rival protesters resulted in injuries to two persons, as reported by news outlets. The protesters demanded that President George Weah personally receive their petition. On the second day of the protest, a group attempted to disperse the crowd of protesters, which again led to stone throwing. On the last day of the protest, LNP officers drove the protesters off the streets and reportedly used tear gas and arrested some of the protesters.

The government operated two shelters for victims of sexual and gender-based violence, victims of trafficking in persons, and others in need of protection–one in Lofa County and one in Nimba County. The government did not operate shelters in Monrovia. The Sexual Pathways Referral Program, a combined initiative of the government and NGOs, improved access to medical, psychosocial, legal, and counseling assistance for victims. The Ministry of Gender, Children, and Social Protection assigned gender coordinators and staff members to each county office to increase public awareness of sexual and gender-based violence crimes and refer victims to assistance. The ministry also established “buddy clubs” in public schools across the country for children to discuss and report sexual and gender-based violence cases. Police officers received training on sexual and gender-based violence through programs sponsored by the EU Spotlight Initiative and the UNDP.

An overtaxed justice system prevented timely prosecutions, and delays caused many victims to cease cooperating with prosecutors. Victims’ families sometimes requested money from the perpetrators as a form of redress; perpetrators sometimes offered money to prevent matters from going to court. Authorities often dropped cases due to a lack of evidence. The Women and Children Protection Section (WACPS) of the police reported that courts dropped 51 percent of reported domestic violence cases due to lack of evidence. The ability to collect and preserve evidence of sexual and gender-based violence crimes was also lacking.

Although outlawed, domestic violence remained a widespread problem, and the Ministry of Gender stated 16 percent of reported sexual and gender-based violence cases were for domestic violence.

The 2019 Domestic Violence Act reportedly strengthened penalties and provided support for a referral mechanism, although copies of the law, and a simplified version of it, were not widely available to the public due to lack of funding. The maximum penalty for conviction of domestic violence was six months’ imprisonment, but the government did not enforce the law effectively. The WACPS received reports on cases of domestic violence between January and September, which showed a decrease in the cases reported during the same period in 2019. Government and civil society officials attributed the reduced reporting of cases to the COVID-19 pandemic, as movement restrictions delayed official reporting, support services were limited due to the lockdown, and victims were unwilling to identify perpetrators while still living in close proximity under curfews and stay-at-home orders during the government declared state of emergency from April 8 through July 22. Civil society officials suggested that lack of speedy trials led victims to seek redress outside the formal justice system.

Female Genital Mutilation/Cutting (FGM/C): According to the 2019-20 Demographic and Health Survey, 38 percent of girls and women ages 15 to 49 had undergone FGM/C, with higher prevalence in the country’s northern regions. Although the government routinely decried FGM/C in discussions of violence against women, there were no laws criminalizing it. Political resistance to passing legislation criminalizing FGM/C continued because of the public sensitivity of the topic and its association with particular tribes in populous counties. In 2018 then president Ellen Johnson Sirleaf issued an executive order to prohibit FGM/C of all persons younger than age 18 and of persons older than 18 without their consent, but the order lapsed in early 2019 with no extension announced. NGO representatives reported there was little political will within the legislature to take on the issue of FGM/C.

In June 2019 the National Council of Chiefs and Elders and the Ministry of Internal Affairs, with support from UN Women and the EU Spotlight Initiative, agreed to suspend for one year the activities of “bush schools” or traditional schools, like the Sande Society, in which girls learned farming and household skills but were often subjected to initiation rites, including FGM/C. Although the one-year period ended in June, the suspension reportedly remained in place and largely enforced by the Traditional Council of Chiefs and Elders in collaboration with the Ministry of Internal Affairs. The Sande (for females) and Poro (for males) societies–often referred to as “secret societies”–combine traditional religious and cultural practices and engage in FGM/C as part of their indoctrination ceremonies. Several human rights organizations reported bush school activities and FGM/C continued, despite the ban. In April, Front Page Africa reported a 25-year-old woman was drugged, abducted, forcibly subjected to FGM/C as part of ritual initiation into the Sande Society, and then held for three weeks. The victim alleged that someone in her family had paid for the initiation and procedure.

Other Harmful Traditional Practices: Many observers, including the INCHR, the Civil Society Human Rights Advocacy Platform, and the human rights office of the United Methodist Church, reported an apparent increase in harmful traditional practices during the year, including ritualistic killings, accusations of witchcraft, and trial by ordeal, although comprehensive data to confirm the increase was unavailable. Commonly called “Sassywood,” trial by ordeal is a way to establish guilt or innocence that takes many forms. Reported incidents of trial by ordeal included drinking a concocted liquid, heating a metal object until it glowed red and then applying it to the accused’s skin, beatings, inserting sharp objects into bodily orifices (including the vagina), and forcing women to parade naked around the community.

It remained difficult to obtain convictions for ritualistic killings in the court system because the justice system does not recognize traditional rites as judicable issues. There were reports of killings in which perpetrators removed body parts from the victims. The online newspaper Bush Chicken reported that on September 8, the body of a three-year-old girl was discovered in Dowein District, Bomi County, with body parts missing, including eyes, genitalia, tongue, and left foot, all indications that the child may have been a victim of ritual murder.

There were multiple cases of life-threatening violence against persons accused of witchcraft. In September 2019 a jury in Buchanan convicted seven men and sentenced each of them to 45 years in prison on charges of murder, aggravated assault, criminal facilitation, and criminal conspiracy for their roles in a 2018 attack against three women accused of witchcraft, in which one woman was raped and another killed.

Sexual Harassment: The law prohibits sexual harassment in the workplace, but it remained a significant problem at work and in schools. Government billboards and notices in government offices warned against harassment in the workplace. In 2019 the Ministry of Gender, Children, and Social Protection and the Ministry of Education trained school administrators, students, and parents from seven of the 15 counties to identify warning signs and report incidents of sexual harassment and violence in schools.

Reproductive Rights: No laws restrict couples and individuals from deciding the number, spacing, and timing of their children or managing their reproductive health, and individuals have the right to seek and acquire information on reproductive health, free from discrimination, coercion, or violence. While the majority of clinics in the country provided family planning counselling and a mix of planning methods, access to these services at times proved challenging, particularly for women living in rural areas or those with limited financial means.

According to the 2019-20 Liberia Demographic Health Survey (LDHS), 25 percent of women between the ages of 15 and 49 reported using a modern form of contraception. Among sexually active unmarried women, 45 percent used modern family planning, while 23 percent of married women used a modern method. Unmet needs for family planning (defined as the percentage of sexually active women who want to postpone their next birth or limit their number of births but did not use a modern method of contraception) increased slightly from 31 percent in 2013 to 33 percent, according to the 2019-20 LDHS. The highest unmet need was among girls and younger women; almost half (47 percent) of women between the ages of 15 and 19 had an unmet need for family planning, primarily for the spacing of children.

The 2019-20 LDHS estimated the maternal mortality rate for the seven-year period before the survey was 742 maternal deaths per 100,000 live births. The survey estimated that 84 percent of births were attended by a skilled provider. According to the survey, the birth rate for adolescents was 30 percent. Female genital mutilation/cutting (FGM/C) remained a problem and contributed to maternal morbidity.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: By law women may inherit land and property, are entitled to equal pay for equal work, have the right of equal access to education, and may own and manage businesses. By family law, men retain legal custody of children in divorce cases. In rural areas traditional practice or traditional leaders often did not recognize a woman’s right to inherit land. Programs to educate traditional leaders on women’s rights, especially on land rights, made some progress, but authorities often did not enforce those rights in rural areas.

Birth Registration: The nationality law stipulates children of “Negro” descent born in the country to at least one Liberian parent are citizens. Children born outside the country to a Liberian father are also Liberian citizens. Nevertheless, they may lose that citizenship if they do not reside in the country prior to age 21, or if residing abroad they do not take an oath of allegiance before a Liberian consul before age 23. Children born to non-Liberian fathers and Liberian mothers outside of the country do not derive citizenship from the mother.

If a child born in the country is not of “Negro” descent, the child may not acquire Liberian citizenship. “Non-Negro” residents, such as members of the large Lebanese community, may not acquire or transmit citizenship. The law requires parents to register their infants within 14 days of birth, but only 25 percent of children younger than age five had birth certificates.

Education: Only 26.1 percent of children of official primary school age were enrolled in school, and only 34 percent of children completed primary education. On average, children attended school for 4.7 years in Liberia. The law provides for tuition-free and compulsory education in public schools from the primary (grades one to six) through junior secondary (grades seven to nine) levels, but many schools charged informal fees to pay for teachers’ salaries and operating costs the government did not fund. These fees prevented many students from attending school. By law fees are required at the senior secondary level (grades 10 to 12).

Girls accounted for less than half of all students and graduates in primary and secondary schools, with their proportion decreasing progressively at higher levels. Sexual harassment of girls in schools was commonplace, and adolescent girls were often denied access to school if they became pregnant. Nonetheless, the country continued to work on narrowing the gender gap at all levels of education, especially in primary school, where the gender parity index went from 88 girls per 100 boys in 2008 to 95 girls for every 100 boys in school in 2017. Students with disabilities and those in rural counties were most likely to encounter significant barriers to education. Only 14 percent of girls in rural areas completed primary school.

Child Abuse: Child abuse was a widespread and persistent problem, and there were numerous cases reported throughout the year, including of sexual violence against children. The government engaged in public awareness campaigns to combat child rape. According to the Ministry of Gender, Children, and Social Protection, more rape victims were reported in the 13 to 17 age group than in any other. In July, Front Page Africa reported that an adolescent girl was sodomized after she was thrown out of her family home in the Omega Tower community for “witchcraft.” The girl was discovered early the next morning lying on the main road between Montserrado and Margibi Counties. Some community members accused the family of the victim of neglect and blamed them for throwing the girl out after relatives alleged she confessed to killing her 25-year-old uncle.

In June police arrested Johnson Chuluty in the Mount Barclay community of Montserrado County for statutory rape for allegedly impregnating his 15-year-old stepdaughter. Police also arrested the wife of the suspect, Mary Chuluty. In a video posted on social media, the victim explained she was living with her mother and stepfather when the rape occurred. The victim relayed that because the rape resulted in pregnancy, her mother sent her to Lofa County to live with her grandmother, where she remained until she gave birth. Police confirmed that the victim was placed in the care of the Ministry of Gender, Children, and Social Protection.

On November 25, the Ministry of Gender, Children, and Social Protection in collaboration with the Office of the First Lady and Partners officially launched the 16-Days of Activism against Gender Based Violence. It sought to ensure nationwide awareness in almost all communities of the country to promote the concept of preventing gender-based violence, advocate for the protection of women’s and girls’ rights in all sectors of the society through media engagement, and re-emphasize the fact that the solution to ending gender-based violence lies with all citizens.

From December 28 to December 31, the Ministry of Gender, Children, and Social Protection, in collaboration with the Child Protection Network and with support from the EU Spotlight Initiative, held a four-day Child Protection Awareness Campaign in five communities (Peace Island-540, Clara Town, New Kru Town, Soniwehn, and Brewersville Township) within Montserrado County. The awareness campaign focused on curtailing the number of rape cases, child labor, and harsh punishment instituted against children in homes, communities, and public and private locations. The campaign was also geared towards achieving the goals of the Government of Liberia and Partners Roadmap on Ending Sexual and Gender-Based Violence by 2022.

Child, Early, and Forced Marriage: The 2011 National Children’s Act sets the minimum marriage age for all persons at 18, the Domestic Relations Law sets the minimum marriage age at 21 for men and 18 for women, and the Equal Rights of Customary Marriage Law of 1998 permits a girl to marry at age 16. According to UNICEF, 9 percent of girls were married before age 15 and 36 percent before age 18.

With support from the EU Spotlight Initiative and the United Nations, the Ministry of Gender, Children, and Social Protection continued efforts to eliminate violence against women and girls, including sexual and gender-based violence and harmful practices such as child marriage. The campaign began in June 2019, when the ministry communicated with traditional leaders and community members in five counties in their local languages to raise awareness of the illegality and harm of child marriage.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography, and authorities generally enforced the law, although girls continued to be exploited, including in commercial sex in exchange for money, food, and school fees. The law requires a demonstration of force, fraud, or coercion to constitute a child sex trafficking offense, and therefore it does not criminalize all forms of child sex trafficking. Additionally, sex in exchange for grades was a pervasive problem in secondary schools, with many teachers forcing female students to exchange sexual favors for passing grades. The minimum age for consensual sex is 18. Statutory rape is a criminal offense that carries a maximum sentence of life imprisonment. The penalty for conviction of child pornography is up to five years’ imprisonment. Orphaned children remained especially susceptible to exploitation, including sex trafficking.

Infanticide or Infanticide of Children with Disabilities: There were cases of infanticide. On July 15, the 8th Judicial Circuit Court in Sanniquellie, Nimba County, freed 19-year-old Jamesetta Bendu Tour after she spent 10 months in prison without trial. She was accused of throwing her 22-month-old baby into the St. John River in September 2019. According to reports, the court freed Tour because the state prosecutor failed to pursue the case after two successive terms of court. On September 25, Tour admitted that she did throw her child into the river after she was put out by her parents, but she later contradicted that statement by saying the baby fell into the river while she was washing.

According to the Ministry of Justice’s Human Rights Protection Unit, children with disabilities were often stigmatized, abandoned, neglected, and purposely exposed to risks (including death). Persons with disabilities suffered torture and inhuman or degrading treatment or punishment. The National Union of the Organization of the Disabled (NUOD) reported families sometimes abandoned or refused to provide medical care to children with mental disabilities because of the taboo associated with the conditions or fear that the community would label children with disabilities as witches.

Displaced Children: Despite international and government attempts to reunite children separated from their families during the civil war, some street children, former child soldiers, and IDPs continued to live on the streets of Monrovia. Now adults, these homeless young individuals, who often suffered from drug addiction and engaged in crime, were referred to as “zogos.”

Institutionalized Children: Regulation of orphanages continued to be very weak, and many lacked adequate sanitation, medical care, and nutrition. The Ministry of Gender, Children, and Social Protection did not monitor orphanages to ensure provision of basic services. Orphanages relied primarily on private donations and support from international organizations. Many orphans received little to no assistance. The ministry continued to run a temporary shelter capable of accommodating approximately 35 vulnerable children, including abandoned and orphaned children, which provided for basic needs until reunification with relatives.

Since the country did not have a designated facility for their care, juvenile offenders outside the Monrovia Central Prison were routinely held in separate cells in adult offender cellblocks (see section 1.c.). Guidelines existed and steps occasionally were taken to divert juveniles from the formal criminal justice system and place them in a variety of safe homes and “kinship” care situations.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Officials at the Ministry of Justice and the Ministry of Labor occasionally misapplied the term human trafficking to likely cases of international child abduction.

See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

There were no reports of anti-Semitic acts against the country’s small Jewish community.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution prohibits discrimination against persons with disabilities, but these prohibitions were not always enforced. Most government buildings were not easily accessible to persons with mobility impairment. Sign language interpretation was often not provided for deaf persons in criminal proceedings or in the provision of state services. The Ministry of Gender, Children, and Social Protection and the National Commission on Disabilities are the government agencies responsible for protecting the rights of persons with disabilities and implementing measures designed to improve respect for their rights.

Persons with disabilities faced discrimination in employment, housing, access to all levels of education, and health care. Activists for persons with disabilities reported property owners often refused housing to persons with disabilities. According to NUOD, persons with disabilities were more likely to become victims of sexual and gender-based violence.

Some persons with disabilities suffered inhuman or degrading treatment or punishment.

In April 2019 newspaper Front Page Africa reported that a 13-year-old girl with visual impairment was raped on separate occasions by two individuals, one of them a 17-year-old Braille instructor at the Christian Association of the Blind school, who impregnated her. The first of the alleged perpetrators was arrested in September 2019 at the age of 20. The Ministry of Justice Sexual Crimes Unit recommended that the alleged perpetrator be tried as a juvenile, but the court rejected the recommendation. The second alleged perpetrator was released by the Juvenile Court without the consent of the victim’s family and charged as a minor with corruption of a minor, although he was 20 years old at the time of his arraignment.

Few children with disabilities had access to education. Public educational institutions discriminated against students with disabilities, arguing resources and equipment were insufficient to accommodate them. Some students with disabilities attended a few specialized schools mainly for the blind and deaf–but only through elementary school. Students with more significant disabilities are exempt from compulsory education but may attend school subject to constraints on accommodating them. In reality few such students were able to attend either private or public schools.

The right of persons with disabilities to vote and otherwise participate in civic affairs is legally protected and generally respected. The law requires that the National Election Commission (NEC), to the extent practical, make registration and voting centers accessible to persons with disabilities. Despite educational sessions held by the NEC on the issue, persons with disabilities faced challenges during the voter registration and voting periods, including lack of access ramps, limited transportation to voter registration and polling centers, and limited mobility assistance at polling centers. The NEC, however, offered tactile ballots for the visually impaired.

Voting assistance in the December 8 senatorial elections and national referendum included the use of tactile ballots and permission for a trusted family member to accompany disabled voters, but some voters without a family member or accompanied by children had difficulty voting.

Although the law prohibits ethnic discrimination, racial discrimination is enshrined in the constitution, which restricts citizenship and land ownership to those of “Negro descent.” While persons of Lebanese and Asian descent who were born or who had lived most of their lives in the country may not by law attain citizenship or own land, there were some exceptions.

The law recognizes 16 indigenous ethnic groups; each speaks a distinct primary language and is concentrated regionally. Long-standing disputes regarding land and other resources among ethnic groups continued to contribute to social and political tensions.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits consensual same-sex sexual activity. “Voluntary sodomy” is a misdemeanor with a penalty for conviction of up to one year’s imprisonment. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists reported LGBTI persons faced difficulty obtaining redress for crimes committed against them, including at police stations, because those accused of criminal acts used the victim’s LGBTI status in defense of their crime.

LGBTI persons continued to record instances of assaults, harassment, and hate speech by community members. In October, two members of a group known for beating and humiliating persons suspected to be LGBTI were arrested and referred to the Monrovia City Court at Temple of Justice. Defendant Cheeseman Cole, believed to be the ringleader of the group, along with Emmanuel Tarpeh, were arraigned before Magistrate Jomah Jallah to answer to multiple offenses that included criminal attempt to commit murder and aggravated assault, among others. Cole and Tarpeh were later remanded at the Monrovia Central Prison to await prosecution after they could not secure a lawyer to process bail for their release. Cole, who was dishonorably discharged from the armed forces due to acts of criminality, faced allegations of brutality and torture against numerous young men he lured to his residence via Facebook over unfounded suspicion they were gay.

The Liberian Initiative for the Promotion of Rights, Identity, and Equality reported that in November 2019 an HIV testing drop-in center was stormed by members of the surrounding community who attacked a number of LGBTI persons who had gathered to celebrate a birthday. Reports indicated that approximately 10 persons were injured and five hospitalized, including one person stabbed and another knocked unconscious.

On November 12, OHCHR and UNDP published the Sexual Orientation, Gender Identity and Rights in Africa: Liberia Country Report. The report calls attention to challenges and abuses LGBTI individuals face in Liberia, including arbitrary detention, violence, discrimination, stigma, inequality, social exclusion, as well as the denial of rights to freedom of expression, association, and assembly. The launch event was organized by the INCHR, with the approval of a number of LGBTI organizations. In the weeks following the report launch, several threats to the LGBTI community were reported, one allegedly emanating from a government official. The threats prompted a number of activists to seek relocation assistance.

LGBTI victims were sometimes afraid to report crimes to police due to social stigma surrounding sexual orientation and rape as well as fear police would detain or abuse them because of their sexual orientation or gender identity. The HIV/AIDS team of the police and the Solidarity Sisters–a group of female police officers–undertook outreach to key communities, resolved disputes before they escalated, and helped other police officers respond to sensitive cases.

Authorities of the police’s Community Services Section noted improvements in obtaining redress for crimes committed against LGBTI persons due to several training sessions on sexual and reproductive rights. Police sometimes ignored complaints by LGBTI persons, but LGBTI activists noted improvements in treatment and protection from police after officers underwent human rights training.

LGBTI individuals faced discrimination in accessing housing, health care, employment, and education. There were several reports from LGBTI activists that property owners refused housing to members of the LGBTI community by either denying applications or evicting residents from their properties. In 2016 the Liberia Business Registry denied registration to an NGO promoting human rights of LGBTI persons for “activity which is not allowed in Liberia.” The organization was later able to register under an acronym and with a modified scope of work.

There were press and civil society reports of harassment of persons on the basis of their real or perceived sexual orientation or gender identity, with some newspapers targeting the LGBTI community. Hate speech was a persistent issue. Influential figures such as government officials and traditional and religious leaders made public homophobic and transphobic statements.

The Ministry of Health had a coordinator to assist minority groups–including LGBTI persons–in obtaining access to health care and police assistance. Members of the LGBTI community often called upon trained protection officers to intervene in cases of harassment and violence.

HIV and AIDS Social Stigma

The law prohibits “discrimination and vilification on the basis of actual and perceived HIV status” in the workplace, school, and health facilities, with conviction of offenses punishable by a small fine.

The most recent demographic and health survey (2019) found no measurable change since 2007 in popular attitudes, which remained broadly discriminatory, toward those with HIV. HIV-related social stigma and discrimination discouraged individuals from testing for their HIV status, thus limiting HIV prevention and treatment services. According to UNAIDS, an estimated 47,000 persons had HIV in the country during the year, with approximately 1,900 new cases reported annually. Children orphaned because of AIDS faced similar social stigma.

Government ministries developed, adopted, and implemented several plans to combat social stigma and discrimination based on HIV status. The Ministry of Health supported training to make health-care facilities more receptive to key populations, held discussions and outreach sessions, and provided services through drop-in centers. The Ministry of Justice and police worked with civil society organizations to engage key populations.

The penal code classifies mob violence as a crime. Nevertheless, mob violence and vigilantism, due in part to the public’s lack of confidence in police and the judicial system, were common and often resulted in deaths and injuries. Although mob violence sometimes targeted alleged criminals, it was difficult to determine underlying reasons, since cases were rarely prosecuted.

Rape and Domestic Violence: The law criminalizes rape but does not address spousal rape. The 2011 Constitutional Declaration prohibits domestic violence but does not contain reference to penalties for those convicted of violence against women.

There were no reliable statistics on the extent of domestic violence. Social and cultural barriers–including police and judicial reluctance to act and family reluctance to publicize an assault–contributed to lack of effective government enforcement. Some local civil society organizations reported in the second quarter of the year that women were experiencing higher rates of domestic violence due to COVID-19 curfews and extended confinement at home.

By law a convicted rapist may avoid a 25-year prison sentence by marrying the survivor, regardless of her wishes, provided her family consents. Rape survivors who could not meet high evidentiary standards could face charges of adultery.

Migrant women and girls remained particularly vulnerable to rape and sexual violence, including forced prostitution and sexual exploitation in conditions amounting to sexual slavery. There were reports of egregious acts of sexual violence against women and girls in government and extralegal detention facilities (see section 2.d., Protection of Refugees).

The Supreme Judicial Council established two courts in Tripoli and Benghazi dedicated to addressing violence against women, men, and children. In October authorities appointed five women judges who will serve on these two specialized courts.

Female Genital Mutilation/Cutting (FGM/C): There was no information available about laws on FGM/C. FGM/C was not a socially acceptable practice, although some of the migrant populations came from sub-Saharan countries where it was practiced.

Sexual Harassment: The law criminalizes sexual harassment, but there were no reports on how or whether it was enforced. According to civil society organizations, there was widespread harassment and intimidation of women by armed groups, including harassment and arbitrary detention based on accusations of “un-Islamic” behavior.

There were reports armed groups harassed women traveling without a male “guardian” and that men and women socializing in public venues were asked by armed groups to produce marriage certificates to verify their relationship.

Reproductive Rights: By law couples have the right to decide the number, spacing, and timing of their children free from discrimination, coercion, or violence; however, the law limits abortion to cases in which the life of a girl or woman is at risk. The UN Population Fund (UNFPA) noted family planning services were significantly limited due to cultural and social norms favoring large families, as well as the absence of prioritization of the issue by the government. Access to information on reproductive health and contraception was also difficult for women to obtain given social norms surrounding sexuality.

According to UNFPA estimates, the reported contraceptive prevalence rate was approximately 27 percent, and nearly 41 percent of women had unmet needs with respect to family planning using modern methods. Women’s access to maternal health-care services and contraceptive supplies declined during the year due to continued political instability. Additionally, the UNFPA stated political unrest exacerbated existing social disparities in the provision of health-care services, creating inequities between urban and rural populations. According to the WHO, the large number of IDPs and access restrictions in conflict zones significantly affected the provision of reproductive health services. The WHO also reported lack of access to family planning services, obstetrical care, and treatment of sexually transmitted infections.

According to UNSMIL, incidents of conflict-related sexual violence by armed groups remained severely underreported because of fear, intimidation, and stigma related to underlying discriminatory gender norms. The government generally did not effectively provide access to sexual and reproductive health services for survivors of sexual violence, including survivors of conflict-related sexual abuse. Civil society actors provided limited legal assistance to survivors in the absence of the government. A coalition of NGOs reported to the United Nations in 2019 that survivors and victims of sexual violence often found it difficult to locate information on existing services and resources available for them, particularly among indigenous and rural communities.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The 2011 Constitutional Declaration states citizens are equal by law with equal civil and political rights and the same opportunities in all areas without distinction on the grounds of gender. Absent implementing legislation, and operating with limited capacity, the GNA did not effectively enforce these declarations.

Women faced social forms of discrimination that affected their ability to access employment, their workplaces, and their mobility and personal freedom. Although the law prohibits discrimination based on gender, there was widespread cultural, economic, and societal discrimination against women. The UN Entity for Gender Equality and the Empowerment of Women (UN Women) noted that survey data indicated a significant disparity in earned incomes between men and women, even when adjusted for educational attainment. There were significant inequalities in women’s access to insurance, loans, and other forms of social protection.

The country lacks a unified family code. Sharia often governs family matters, including inheritance, divorce, and the right to own property. While civil law mandates equal rights in inheritance, women often received less due to interpretations of sharia that favor men.

Birth Registration: By law, children derive citizenship from a citizen father. The law permits citizen women who marry foreign men to transmit citizenship to their children, although some contradictory provisions may potentially perpetuate discrimination. There are also naturalization provisions for noncitizens.

Education: The continuing conflict disrupted the school year for thousands of students across the country; many schools remained unopened due to lack of materials, damage, or security concerns. Internal displacement further disrupted school attendance as many schools were repurposed as IDP shelters. School and university classes were suspended in March following the onset of the COVID-19 pandemic.

Child, Early, and Forced Marriage: The minimum age for marriage is 18 for both men and women, although judges may permit those younger than 18 to marry. LNA authorities reportedly imposed a minimum age of 20 for both men and women. Early marriages were relatively rare, according to UN Women, although comprehensive statistics were not available due to the lack of a centralized civil registry system and the continuing conflict.

There were anecdotal reports of child marriage occurring in some rural and desert areas where tribal customs are more prominent. There were also unconfirmed reports that civil authorities could be bribed to permit underage marriage.

Sexual Exploitation of Children: There was no information available on laws prohibiting or penalties for the commercial sexual exploitation of children or for child pornography, nor on laws regulating the minimum age of consensual sex.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Most of the Jewish population left the country between 1948 and 1967. Some Jewish families reportedly remained, but no estimate of the population was available. There were no high-profile reports of anti-Semitic acts during the year.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The 2011 Constitutional Declaration addresses the rights of persons with disabilities by providing for monetary and other types of social assistance for the “protection” of persons with “special needs” with respect to employment, education, access to health care, and the provision of other government services, but it does not explicitly prohibit discrimination. The government did not effectively enforce these provisions. IDPs, migrants, and refugees with disabilities were especially vulnerable to poor treatment in detention facilities.

Some organizations estimated that up to 13 percent of citizens may experience some form of disability, although GNA estimates were much lower. Years of postrevolutionary conflict also led to a greater incidence of persons maimed by shelling or explosive war remnants.

In the second quarter of the year, human rights activists called on health authorities to make their COVID-19 response plans more inclusive of persons with disabilities. These activists reported that COVID-19 curfews and movement restrictions made it more difficult for persons with disabilities to access cash, food, and medicine.

Arabic-speaking Muslims of Arab, Amazigh, or mixed Arab-Amazigh ancestry constitute a majority of the citizenry. The principal linguistic-based minorities are the Amazigh, Tuareg, and Tebu. With the exception of some Amazigh, who belong to the Ibadi sect of Islam, minority groups are predominantly Sunni Muslim but often identified with their respective cultural and linguistic heritages over Arab traditions.

The law grants the right for “all linguistic and cultural components to have the right to learn their language,” and the government nominally recognizes the right to teach minority languages in schools. Minority and indigenous groups complained that their communities were often allowed to teach their languages only as an elective subject within the curriculum.

The extent to which the government enforced official recognition of minority rights was unclear. There were reports that teachers of minority languages faced discrimination in receiving accreditation and in being eligible for bonuses, training, and exchange opportunities provided by the Ministry of Education.

There were also reports that individuals with non-Arabic names encountered difficulties registering these names in civil documents.

Ethnic minorities faced instances of societal discrimination and violence. Racial discrimination existed against dark-skinned citizens, including those of sub-Saharan African heritage. Government officials and journalists often distinguished between “local” and “foreign” populations of Tebu and Tuareg in the south and advocated expulsion of minority groups affiliated with political rivals on the basis they were not truly “Libyan.”

Some representatives of minority groups, including from the Amazigh, Tebu, and Tuareg communities, rejected the 2017 draft constitution because of a perceived lack of recognition of the status of these communities, although the draft explicitly protects the legal rights of minority groups.

A number of Tebu and Tuareg communities received substandard or no services from municipalities, lacked national identity numbers (see section 2.d.), faced widespread social discrimination, and suffered from hate speech and identity-based violence. In southern Libya, if a member of one tribe or group attacked a member of another tribe or group, it was not uncommon for the latter tribe to take retribution against multiple members of the former group.

Some members of ethnic minority communities in southern and western Libya reported being unwilling to enter certain courthouses and police stations for fear of intimidation and reprisal.

There were numerous reports throughout the year of ethnic minorities being injured or killed in confrontations with other groups.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons persisted, and official discrimination was codified in local interpretations of sharia. Convictions of same-sex sexual activity carry sentences of three to five years’ imprisonment. The law provides for punishment of both parties.

There was little information on discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care. Observers noted that the threat of possible violence or abuse could intimidate persons who reported such discrimination.

There were reports of physical violence, harassment, and blackmail based on sexual orientation and gender identity. Armed groups often policed communities to enforce compliance with their commanders’ understanding of “Islamic” behavior, harassing and threatening with impunity individuals believed to have LGBTI orientations and their families.

In December 2019 an internationally recognized, Tripoli-based journalist, Redha al-Boum, was arbitrarily detained and tortured by a GNA-aligned group for two weeks for reporting on human rights conditions in the country, including coverage of the LGBTI community. According to international watchdog groups, he was conditionally released while awaiting a potential referral for trial proceedings.

HIV and AIDS Social Stigma

There was no available information on societal violence toward persons with HIV or AIDS.

Rape and Domestic Violence: Rape, including spousal rape, is a criminal offense. Penalties for rape and sexual violence vary between six months’ and 15 years’ imprisonment, depending on the degree of violence and humiliation of the victim, and between 10 years’ and lifetime imprisonment if the victim is killed. The penalties are the same for rapes of women and men. The government effectively prosecuted individuals accused of such crimes.

The law prohibits all forms of domestic violence and provides for restraining orders against violent family members. Police may prohibit an abuser from returning to the victim’s home where the violence was committed. Penalties for domestic violence range from monetary fines to lifetime imprisonment if the victim is killed. According to the law, victims who migrated to the country and who have been married to a citizen for less than five years are required to prove their victim status or sufficient integration into the country’s society to avoid losing their marriage-based residence permits. The government enforced the law effectively.

There were reports of violence against women, including spousal abuse. Police reported 32 cases of domestic violence in 2019.

Witnesses’ willingness to testify in abuse cases sometimes limited efforts to prosecute cases. In July the court acquitted a 28-year-old who in April allegedly hit and kicked his wife several times, including allegedly throwing a drawer at her. Since the wife, being the only witness, did not testify, the court acquitted the defendant for lack of evidence.

In April the Equal Opportunities Department of the Social Services Office sent out emergency cards labeled “violence has no home” in eight different languages that included updated contact addresses and guidelines for addressing domestic violence.

In 2019 the country’s only women’s shelter, Frauenhaus, assisted 13 women.

Sexual Harassment: Sexual harassment is illegal and punishable by up to six months in prison or a fine, and the government effectively enforced these prohibitions. Stalking is a criminal offense. The government also considers “mobbing,” including pressure, harassment, or blackmail tactics in the workplace, to be a crime. In 2019 the national police recorded three cases of sexual harassment, and the women’s resource and counseling NGO Infra assisted in 21 cases of sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. Sex education at schools was obligatory; contraceptive methods were first taught when students were approximately 11 years old. The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women enjoy the same legal rights as men. The government’s enforcement of the labor contract law and equal opportunity law was not entirely effective. The LHRA and the NGO umbrella organization Women’s Network stated that a lack of human and financial resources as well as inadequate strategies and competencies prevented the Department for Equal Opportunity from effectively enforcing the law. According to the LHRA, long-term strategies and policies for equal opportunities were lacking and no central coordination office for integration existed. The Women’s Network asserted that the government increasingly relinquished its responsibilities regarding equal opportunity policies to NGOs.

Birth Registration: Citizenship is derived at birth from a child’s parents. Either parent may convey citizenship. A child born in the country to stateless parents may acquire citizenship after five years of residence. All children are registered at birth.

Child Abuse: The law protects children against sexual exploitation and sexual abuse, including inside the family. The law stipulates a reporting obligation for the Office of Social Services if it learns of or suspects sexual abuse of children and adolescents. There is an Ombuds Office for Children and Young People. There is also a Victim’s Assistance Office, specializing in assistance and support for individuals who have been affected directly in their physical, psychological, or sexual integrity, including children. An interdisciplinary Expert Group against the Sexual Abuse of Children and Young People facilitates the protection of children against sexual exploitation and sexual abuse. In 2019 the country’s only women’s shelter, Frauenhaus, assisted 16 children.

Child, Early, and Forced Marriage: The legal minimum age of marriage for both girls and boys is 18 years.

Sexual Exploitation of Children: The law prohibits the prostitution of minors. Penalties for the sexual exploitation of minors range from one to 10 years’ imprisonment. Possession or distribution of child pornography is a criminal offense, with penalties including up to three years in prison. Authorities effectively enforced these prohibitions. In 2019 the national police recorded four cases of child sexual abuse of minors. The law sets the minimum age for consensual sex at 14.

In September 2019 the country released its first-ever report on the sale of children, child prostitution, and child pornography. This report aims to set out the legal, administrative, and other measures taken by the government at a national level to address these problems.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community consisted of approximately 20 individuals. There were no reports of anti-Semitic acts.

There were no confirmed reports during the year that Liechtenstein was a source, destination, or transit country for victims of human trafficking.

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities.

The government’s implementation of laws and programs to ensure that persons with disabilities readily had access to employment, buildings, information, health services, the judicial system, and communications was not entirely effective. According to the research institute the Liechtenstein Institute and the Liechtenstein Association for Persons with Disabilities, persons with disabilities were not sufficiently integrated into the labor market and education systems.

In 2018 the UN Human Rights Committee cited a lack of appropriate infrastructure and regulations for enabling access by persons with disabilities to the labor market. The law mandates that public kindergartens and schools as well as public transportation systems must be accessible to persons with disabilities. Children with disabilities were able to attend public schools or a segregated school established by the country’s remedial center. According to the Liechtenstein Association for Persons with Disabilities, few children with disabilities attended public schools. The association also noted only one-third of all public kindergartens and schools were barrier free and that there was a shortage of barrier-free, affordable housing for families with children with disabilities.

The law requires public buildings constructed before 2002 to be barrier free by 2019 and public buildings constructed between 2002 and 2007 to be barrier free by 2027. There were no reports that the barrier-free requirement was not implemented or of any public buildings that were not barrier free. According to the Liechtenstein Association for Persons with Disabilities, during the year the barrier-free project was expanded. The government collaborated with the Swiss organization Pro Infirmis to update and expand the existing database and to make the information available via an “app.” Information is also expected to be available on other platforms, such as the country’s tourist information website.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law defines discrimination based on gender and sexual orientation as a criminal offense. It also prohibits debasement, slander, and incitement to hate based on an individual’s gender and sexual orientation. The law further prohibits the refusal of general services based on an individual’s gender and sexual orientation. The government enforced the law.

The country’s lesbian, gay, bisexual, transgender, and intersex (LGBTI) community issued no formal complaints of abuse or discrimination, including against persons with HIV/AIDS. The LHRA noted, however, that there is no legal basis for a change of civil status, such as gender reassignment or changed gender identify. It stated there is also no possibility of indicating a third sex on official documents.

Rape and Domestic Violence: The law prohibits rape and spousal rape, but does not address the gender of rape victims. Penalties range from five years to life in prison. Rape of a pregnant woman is punishable by hard labor. Authorities may add an additional two to five years’ imprisonment if the rape involves assault and battery. Authorities rarely enforced the law. In January the government adopted a law against gender-based violence. The new legislation covers violence perpetrated within the family and society and violence perpetrated or tolerated by the state, including sexual harassment. Penalties range from six months’ to five years’ imprisonment with fines.

The law prohibits domestic violence, which remained a widespread problem. Domestic violence is punishable by two to five years in prison and substantial fines, depending on the severity of injuries and whether the victim was pregnant. There were few shelters for battered women in the country, and many returned to the home of their parents, who often pressured victims to return to their abusers. Various media reported a general reluctance of victims to report domestic violence. Women filing legal actions against their husbands faced criticism from their families and communities.

Government efforts to confront gender-based violence included a Ministry of Population survey on the impact of COVID-19 on such violence. The majority of respondents reported psychological and physical violence, and that fathers and husbands were the offenders. A minority of respondents reported cases of rape, violent behavior within families, and sexual aggression. Most respondents mentioned fear and cultural pressure to remain silent and tolerate violence as reasons not to report incidents.

Multiple sources reported a sharp increase of cases of domestic violence during the COVID-19 crisis. On June 4, the director general of the National Police reported that cases of domestic violence significantly increased since the beginning of the lockdown period in March. On June 10, media reported that a gender-based violence hotline had five times more cases than before the COVID-19 crisis.

Victims of domestic violence from vulnerable populations could receive assistance from advisory centers, called centers for listening and legal advice, set up in several regions by the Ministry of Population, Social Protection, and Promotion of Women, with the support of the UN Population Fund. These centers counseled survivors on where to go for medical care, provided psychological assistance, and when appropriate helped them start legal procedures to receive alimony from their abusers. The Proximity Female Brigade within the national police conducted investigations of gender-based violence and raised public awareness of the problem.

Starting in January the government set up a mechanism to streamline the prosecution of gender-based violence. In addition the government broadcasted a weekly program on public and private television channels to raise public awareness of this violence and describe the services available to support victims. The government provided special training for judges to implement the mechanism.

On January 24, a group of men, including three gendarmes, either participated in or condoned the rape of a girl age 12 in Milenake. The morals and minor police began an investigation; results were not available at year’s end.

Sexual Harassment: Sexual harassment is against the law, and penalties range from one to three years’ imprisonment and include fines. The penalty increases to two to five years’ imprisonment plus larger fines if criminals forced or pressured the victim into sexual acts or punished the victim for refusing such advances. Authorities enforced the law, but sexual harassment was widespread.

Labor union members reported sexual harassment prevailed in many sectors. There were reports that some supervisors in manufacturing companies compelled some of their female employees to have sexual relations to renew their contracts or secure promotions. Female teachers reportedly faced similar pressures when trying to negotiate permanent contracts in the public education system. Court rulings generally did not favor victims when they filed complaints.

The Ministry of Population COVID-19 survey in August reported that 35 percent of women receiving assistance were victims of sexual harassment by humanitarian officials distributing the aide.

Reproductive Rights: The law allows universal access to family planning and reproductive health services and products, including for minors. The law states that every individual has the right to start a family; to determine freely the number, spacing, and timing of their children; and to have the means and access to information to exercise these rights free of discrimination or coercion. The law refers to the penal code for penalties related to abortion. Public health centers provided free contraceptives, family-planning services, and reproductive health counselling to adults. The Ministry of Youth managed “youth corners” where young people could receive free reproductive health counseling and services. In addition, faith-based organizations, NGO clinics, and other private-sector organizations provided such services. Social and cultural barriers, resource problems, and access to services impeded the use of contraceptives. Obstacles included fear of side effects, lack of support from family members, and fear of family and community judgment.

According to the 2018 multiple indicator cluster surveys carried out by the National Statistics Institute with support from UNICEF, the modern contraceptive prevalence rate among women who were married or in union was approximately 41 percent. The proportion of deliveries in health facilities was 39 percent (58 percent in urban areas and 34 percent in rural areas) and the rate of childbirths attended by skilled personnel was 46 percent (72 percent in urban areas and 40 percent in rural areas).

The government provided access to sexual and reproductive health services to survivors of sexual violence. Specialized centers collaborated with private pharmacies to provide free contraceptives to the sexual violence survivors they assisted.

According to data collected in 2018 and released in 2020 by the National Statistics Institute, the estimated maternal mortality rate was 408 maternal deaths per 100,000 live births (308 in urban and 425 in rural areas). The country’s adolescent fertility rate was 151 births per 1,000 women between the ages of 15 and 19. Major factors that contributed to high maternal mortality included geographical barriers and the high cost of health centers, the low quality of hospital services, chronic maternal malnutrition (including anemia), lack of adequate spacing between pregnancies, and a high rate of unsafe abortions. The high adolescent pregnancy rate also contributed to elevated rates of maternal deaths.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: While women enjoyed the same legal status and rights as men in some areas, there were significant differences in others, and authorities did not enforce the law effectively. Women experienced discrimination in employment and inheritance. There were legal restrictions on women’s employment in occupations or tasks deemed dangerous and in industries such as construction, agriculture, and transportation. While widows with children inherit half of joint marital property, a husband’s surviving kin have priority over widows without children, leaving the widow further down in line for inheritance absent any written agreement to the contrary. Families at times gave women a more favored position in the areas of employment and inheritance, but there were no reports of women taking legal action in cases of alleged discrimination.

Birth Registration: Under the law citizenship derives from one’s parents. The law does not confer nationality on children born in the country if both parents are noncitizens. It does provide for a minor’s right to obtain citizenship if one of the parents, regardless of their marital status, obtains citizenship.

The country has no uniformly enforced birth registration system, and unregistered children typically were not eligible to attend school or obtain health-care services. Authorities generally adjudicated birth registration on a nondiscriminatory basis.

Education: The constitution provides for tuition-free public education for all citizen children and makes primary education until the age of 16 compulsory. Despite multiple statements by officials asserting that public education is free, some public school principals continued to require parents to pay registration and various fees to subsidize teacher salaries and other costs. As a result education remained inaccessible for many children. According to UNICEF, boys and girls generally had equal access to education, although girls were more likely to drop out during adolescence. Some inhabitants of areas heavily affected by COVID-19 reported that schools denied admission of their children.

Child Abuse: Child abuse including rape was a problem. The press reported most child victims of rape were younger than 12; the youngest was age three. A 2018 study on violence against children produced by the Ministry of Population in partnership with UNICEF revealed violence against children, including physical violence, sexual abuse, and rape, occurred in all environments: family, school, social circles, and workplaces. It found abuse was rarely reported due to lack of confidence in the justice system, precarious economic conditions, a desire to avoid social discord in the community, and intimidation. Only 4 percent of respondents to the survey said they had reported cases of child abuse to police, while 19 percent had reported sexual abuse to police or gendarmerie. Victims’ families often agreed to mediated arrangements involving financial compensation by the wrongdoers and occasionally forced marriage of the victim with the rapist.

In some towns and cities, particularly in Antananarivo, homeless women raised small children in dangerous conditions and environments and forced children as young as three years old to beg on the streets. Sometimes babies were “rented” to beggars to try to increase sympathy from passersby. Government authorities rarely intervened in these cases of child endangerment.

The government increased efforts to combat child rape. Following the promulgation of the gender-based violence law in January, the Ministry of Justice announced strengthened measures against child rape offenders. The ministry raised public awareness of the duty to report child rape and discouraged persons from using informal arrangements between victims’ families and offenders to resolve child rape cases. In November media reported these efforts led to an increase in the number of prosecutions of child rape cases.

Government efforts to combat other forms of child abuse were limited and focused primarily on child protection networks, which addressed the needs of victims and helped raise public awareness. With the support of UNICEF, the cities of Antananarivo, Toamasina, Mahajanga, Nosy Be, Toliara, and Tolagnaro hosted one-stop victim support centers, called Vonjy Centers, in public hospitals. These centers received child victims of sexual abuse, including rape and sexual exploitation. In addition to medical care, these centers provided psychological support through social workers assigned by NGOs. Police from the minors and child protection brigade recorded victims’ complaints, and volunteer lawyers provided free legal assistance.

In Nosy Be the local office of the Ministry of Population, in collaboration with UNICEF, established a foster family system for child abuse victims who needed placement. Some officials, however, reported victims of child abuse were sometimes returned to the home where the abuse occurred due to a lack of other options.

In September the Court of Fenerive Est reported an increase in child rape since the beginning of the COVID-19 outbreak. In most cases the offenders were persons close to the victims. Incidents of gang rape and the number of minor offenders also increased. The court organized workshops in the four districts covered by the jurisdiction to raise public awareness of the problem.

Child, Early, and Forced Marriage: The legal age for marriage without parental consent is 18 for both sexes. Nevertheless, child marriage remained very common, particularly in rural areas and in the South.

The practice of moletry, in which girls are married at a young age in exchange for oxen received as a dowry, reportedly continued. Affected girls may be as young as 12.

According to the results of a 2018 Multiple Indicator Cluster Survey, 37 percent of women between ages 20 and 49 married before the age of 18. The rate for men was 12 percent. Rural areas were more affected, with 44 percent married before age 18, and 15 percent before age 15. In urban areas, 29 percent of women married before age 18 and 7 percent before age 15. There were no reports of government efforts to prevent child marriage.

Sexual Exploitation of Children: The law provides a penalty of hard labor for recruitment and incitement to prostitution involving a child younger than 18, the sexual exploitation of a child younger than 15, and the commercial sexual exploitation of a child younger than 18. There is no specific mention of the sale or offering of children for prostitution. The law specifies penalties of two to five years’ imprisonment and fines for perpetrators of child pornography. Authorities rarely enforced the provisions. There is no minimum legal age for consensual sex. The country was a destination for child sex tourism.

Commercial sexual exploitation of children and child sexual abuse, sometimes with the involvement of parents, remained a significant problem.

Employers often abused and raped young rural girls working as housekeepers in the capital. If the girls left their work, employers typically did not pay them, so many remained rather than return empty-handed to their families and villages. UNICEF’s 2018 study on violence against children indicated all reported cases of sexual violence in the workplace took place in the domestic-labor sector.

The national gendarmerie operated a morals and minors protection unit with responsibility for protecting children, including rape victims, in rural areas not covered by the national police’s morals and minors brigade. The Ministry of Justice, collaborating with UNICEF and telecommunications companies, operated a website called Arozaza (protect the child) to combat online sexual exploitation of minors and deter potential abusers. The website included a form to report child endangerment or online pornography. On July 1, media reported improvements to the website allowing police or other governmental entities to intervene immediately once a report was filed on the platform.

On August 13, in collaboration with the Ministry of Population and UNICEF, Internet Watch Foundation launched an online portal allowing individuals worldwide to anonymously and safely report images and videos of sexual abuse of Malagasy children found on the internet. The reported contents would be analyzed and removed by the Internet Watch Foundation, not precluding prosecution, as the data would be shared with authorities.

The Ministry of Population operated approximately 750 programs covering 22 regions throughout the country to protect children from abuse and exploitation. The ministry collaborated with UNICEF to identify child victims and provide access to adequate medical and psychosocial services. The gendarmerie, Ministry of Justice, Ministry of Population, and UNICEF trained local authorities and other stakeholders in targeted regions on the rights of children.

Infanticide or Infanticide of Children with Disabilities: Media reports documented several deaths of newborns abandoned in gutters and dumpsters. A traditional taboo in the southeast of the country against giving birth to twins also contributed to the problem. A provision in the January gender-based violence law prohibits traditional practices which harm human rights including infanticide.

Displaced Children: Although child abandonment is against the law, it remained a problem. There were few safe shelters for street children, and governmental agencies generally tried first to place abandoned children with parents or other relatives. Authorities placed many children in private and church-affiliated orphanages outside the government system.

Institutionalized Children: On August 13, the Court of Fianarantsoa placed a man in pretrial detention for sexual abuse and rape of four minor girls in an orphanage where he was working. As of September the trial had not taken place.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community consisted of approximately 360 members; there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities and defines persons with disabilities as those presenting a congenital or acquired deficiency in their physical, mental, or sensory capacities. The law also provides for a national commission and regional subcommissions to promote their rights, but none had been set up. By law persons with disabilities are entitled to receive health care, education, facilitated access to public transportation, and have the right to training and employment. The law does not address access to the judicial system, information, and communications. Educational institutions were encouraged to make necessary infrastructure adjustments to accommodate students with disabilities. The law also specifies the state “must facilitate, to the extent possible, access to its facilities, public spaces, and public transportation to accommodate persons with disabilities.”

Authorities rarely enforced the rights of persons with disabilities, and the legal framework for promoting accessibility remained perfunctory.

Access to education and health care for persons with disabilities also was limited due to lack of adequate infrastructure, specialized institutions, and personnel.

Persons with disabilities encountered discrimination in employment. They were also more likely to become victims of various types of abuse, sometimes perpetrated by their own relatives.

In June the Antananarivo municipality collaborated with a women’s federation to support women with disabilities, allotting 80 sewing-factory positions to women with disabilities and providing free stalls in municipal market places for them to sell their products without paying taxes.

In September the head of a disability rights group stated the government’s strategy to address the COVID-19 emergency was not inclusive. While persons with disabilities were disproportionately impacted by the pandemic, they did not receive appropriate consideration. Many persons with disabilities were “at will” workers or were working in the informal sector, upon whom the pandemic restrictions had a strong impact. During the COVID-19 census to extend government support to the most vulnerable persons, the surveyors did not consider disability as a factor of vulnerability.

In October the head of a platform for persons with disabilities stated that the lack of accessibility for persons with disabilities was a persistent problem. Humanity and Inclusion, a local NGO that assisted the government in addressing accessibility problems, reported public infrastructure did not provide adequate accessibility for persons with disabilities.

The electoral code provides that individuals with disabilities should be assisted in casting their ballots, but it contains no other provisions to accommodate such voters. In May 2019 the head of a disability rights federation told media that persons with disabilities believed they were excluded from the electoral process since many of the voting materials were not customized for them.

None of the 18 tribes in the country constituted a majority. There were also minorities of Indian, Pakistani, Comorian, and Chinese heritage. Ethnicity, caste, and regional solidarity often were considered in hiring and exploited in politics. A long history of military conquest and political dominance by highland ethnic groups of Asian origin, particularly the Merina, over coastal groups of African ancestry contributed to tensions between citizens of highland and coastal descent, especially in politics. The government made efforts to address these problems by appointing diverse candidates from different regions as members of government and to other public institutions.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law provides for a prison sentence of two to five years and fines for acts that are “indecent or against nature with an individual of the same sex younger than 21,” which is understood to include sexual relations. Authorities enforced this law. No law prohibits same-sex sexual conduct for those older than 21. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reportedly were unaware of the risk of arrest for “corruption of a minor,” and arrests occurred for such acts, although there were no official statistics.

No specific antidiscrimination provisions apply to LGBTI persons. There were no reports of discrimination in housing, employment, nationality laws, or access to government services. No laws prevent transgender persons from identifying with their chosen gender.

As evidenced by comments in occasional news items involving well known LGBTI personalities, members of the LGBTI community often continued to face considerable social stigma and discrimination within their own families, particularly in rural areas.

On March 10, the Court of Antananarivo committed a member of the LGBTI community, age 33, to pretrial detention. The mother of her age 19 girlfriend sued her for corruption of a minor. The Court granted the defendant a temporary release in early April after the intervention of organizations and activists.

HIV and AIDS Social Stigma

Health-care providers subjected persons with HIV or AIDS to stigma and discrimination. HIV and AIDS patients have the right to free health care, and the law specifies sanctions against persons who discriminate against or marginalize persons with HIV or AIDS. Apart from the National Committee for the Fight against AIDS in Madagascar, national institutions–including the Ministries of Health and Justice–did not effectively enforce the law.

In August the newspaper Les Nouvelles reported that persons infected by HIV continued to be stigmatized.

Mob violence occurred in both urban and rural areas, in large part due to crime and lack of public confidence in police and the judiciary. Crowds killed, beat, burned, or otherwise injured suspected criminals or accomplices if security forces did not arrive in time to halt the violence. Authorities sometimes arrested the perpetrators, but fear of creating renewed anger hindered prosecution. Some media and other observers believed the law was more likely to be enforced against perpetrators when it was in the interests of authorities or security forces. Groups of villagers in several localities assaulted police or gendarmerie stations.

Children with albinism in the south of the country were increasingly the object of kidnapping. Media reported five cases of albino child abduction between January and September.

In May inhabitants of areas with COVID-19 cases reported being subject to discrimination and stigma. A woman working as a housekeeper in Antananarivo said her employer dismissed her because of her residing in an area with a high infection rate. In Toamasina inhabitants of infected areas, especially employees of a company considered a COVID-19 hotbed, were victims of stigmatization, even if most of them had not been at their workplace for several weeks. Some tenants reported being harassed by their landlords to leave their apartments and had difficulty finding new homes. Authorities made little effort to respond to these incidents.

On June 18, a group of villagers in Safotaka beat to death a man who had allegedly killed another man. The families of both men signed an agreement not to bring the case to court. The three gendarmes assigned to investigate the incident were accused of attempting to extort $1,000 from one victim’s family.

Rape and Domestic Violence: The penal code criminalizes rape of women and girls with a maximum penalty of death for conviction. The 2015 Marriage, Divorce, and Family Relations Act explicitly introduces the concept of spousal rape, but the act does not prescribe specific penalties for conviction and applies only to legally separated spouses. Spousal rape may be prosecuted under the rape provisions of the penal code. The government generally enforced the law effectively, and convicted rapists routinely received prison sentences.

Data on the prevalence of rape or spousal rape, prosecutions, and convictions were unavailable; however, press reporting of rape and defilement arrests and convictions were an almost daily occurrence. Although the maximum penalty for conviction of rape is death or life imprisonment, the courts generally imposed lesser prison sentences. For cases of conviction of indecent assault on women and girls, the maximum penalty is 14 years’ imprisonment. A person convicted of indecent assault on a boy younger than age 14 may be imprisoned for up to seven years.

The Ministry of Gender, Community Development, and Social Welfare and donor-funded NGOs conducted public education campaigns to combat domestic sexual harassment, violence, and rape.

The law provides a maximum penalty of life imprisonment for conviction of domestic violence and recognizes that both men and women may be perpetrators as well as victims. Domestic violence, especially wife beating, was common, although victims rarely sought legal recourse. Police regularly investigated cases of rape, sexual assault, and gender-based violence but did not normally intervene in domestic disputes. Police support units provided limited shelter for some abuse victims.

Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. There are no national statistics on FGM/C. The practice of labia elongation or pulling has been documented. It was performed on girls ages 11 to 15 during sexual initiation camps in rural areas of the Southern Region.

Other Harmful Traditional Practices: The law prohibits harmful social, cultural, or religious practices, including “widow cleansing” and “widow inheritance.” Nonetheless, in some areas widows were sometimes forced to have sex with male in-laws or a designee as part of a culturally mandated “sexual cleansing” ritual following the death of the husband. In some cases widows were “inherited” by a brother-in-law or other male relative. The government and NGOs sought to abolish such practices by raising awareness concerning the inherent dangers of such behavior, including the risk of HIV/AIDS transmission.

Kupimbira, a practice that allows a poor family to receive a loan or livestock in exchange for pubescent daughters, existed in some areas.

Despite certain legal prohibitions, many abusive practices, including the secret initiation of girls into the socially prescribed roles of womanhood, continued. Such initiations were often aimed at preparing girls for marriage with emphasis on how to engage in sexual acts. In some traditional communities, girls as young as 10 undergo kusasa fumbi, a “cleansing ritual” in which the girls are raped by men. According to one UN-sponsored study, more than 20 percent of girls in secondary school underwent a form of initiation that involved rape by an older man.

Sexual Harassment: Although sexual harassment was believed to be widespread, there were no data on its prevalence or on the effectiveness of government enforcement of the law. The law makes conviction of sexual harassment punishable by up to five years’ imprisonment and places an obligation on government to have policies and procedures aimed at eliminating sexual harassment. Conviction of “insulting the modesty” of a woman is a misdemeanor punishable by one year’s incarceration. Conviction in extreme cases, such as indecent assault on a woman or girl is punishable by sentences of up to 14 years’ imprisonment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. The law limits abortion to safeguarding the life and mental and physical health of a girl or woman.

Health-care clinics and local NGOs operated freely in disseminating information on family planning under the guidance of the Ministry of Health. There were no restrictions on the right to use contraceptives, but access was limited in rural areas. According the 2016 Malawi Demographic and Health Survey (MDHS), 81 percent of girls and women of reproductive age had their need for family planning satisfied with modern methods. The government provided free childbirth services, but availability depended upon access to hospitals and other medical facilities in rural areas.

The MDHS estimated the maternal mortality rate was 439 deaths per 100,000 live births, and a woman’s lifetime risk of maternal death was one in 29. HIV/AIDS and adolescent pregnancy were factors in these high rates. Nurses and midwives were a critical component of prenatal and postnatal care due to a shortage of doctors. According to the National Statistical Office, skilled health-care providers assisted in 90 percent of births in 2018. There was only limited access to emergency obstetric care, particularly in rural areas.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. In November 2019 the Office of the Ombudsman launched a public appeal for information and testimony following media reports of involuntary hysterectomies of caesarian patients at Blantyre’s referral hospital.

Discrimination: By law women have the same legal status and rights as men and may not be discriminated against based on gender or marital status, including in the workplace. Nevertheless, women had significantly lower levels of literacy, education, and formal and nontraditional employment opportunities, as well as lower rates of access to resources for farming. Widows often were victims of discriminatory and illegal inheritance practices in which most of an estate was taken by the deceased husband’s family. Although Malawian men may sponsor their wives for naturalization, the law does not permit Malawian women to sponsor their husbands for naturalization.

The government addressed women’s concerns through the Ministry of Gender, Community Development, and Social Welfare. The law provides for a minimum level of child support, widows’ rights, and maternity leave; however, few knew their rights or had access to the legal system and thus did not benefit from these legal protections.

Birth Registration: Citizenship may be derived from birth within the country or abroad to at least one Malawian parent “of African race.” There were no reports of discrimination or denial of services due to lack of birth registration.

Education: The government provided tuition-free primary education for all children. Education up to age 18 is compulsory, although many families could not afford book fees and uniforms, and limited space in secondary schools prevented many students from continuing beyond primary education. Students from poor families had access to a public book fund.

Child Abuse: Child abuse remained a serious problem. The press regularly reported cases of sexual abuse of children, including arrests for rape, incest, sodomy, and defilement.

The law prohibits subjecting a child to any social or customary practice that is harmful to health or general development. Prohibited practices include child trafficking, forced labor, early and forced marriage or betrothal, and use of children as security for loans or other debts.

The Ministry of Gender, Community Development, and Social Welfare activities to enhance protection and support of child victims included reuniting rescued victims of child labor with their parents and operating shelters for vulnerable children.

Child, Early, and Forced Marriage: The law sets the minimum age for marriage at 18. According to UNICEF, 46 percent of girls are married before 18, and 9 percent of girls are married before 15. Civic education on early marriage was carried out mainly by NGOs. Some traditional leaders annulled early marriages and returned the girls involved to school.

Sexual Exploitation of Children: The law forbids engaging in sexual activity with children younger than age 16 and stipulates penalties for conviction of 14 to 21 years’ imprisonment. The law further prohibits “indecent practice” in the presence of or with a child, with offenders liable to 14 years’ imprisonment.

The law prohibits commercial sexual exploitation of children, including child pornography and using a child for public entertainment of an immoral or harmful nature. The maximum penalty for conviction of engaging in child pornography is 14 years’ imprisonment, while those found guilty of procuring a child for public entertainment are liable to a substantial monetary fine and seven years’ imprisonment. The law was not effectively enforced.

The widespread belief that children were unlikely to be HIV-positive and that sexual intercourse with virgins could cleanse an individual of sexually transmitted diseases, including HIV/AIDS, contributed to the widespread sexual exploitation of minors. The trafficking of children for sexual purposes was a problem, and child prostitution for survival at the behest of parents or without third-party involvement occurred. In urban areas bar and rest house owners recruited girls as young as 12 from rural areas to do household work such as cleaning and cooking. They then coerced them to engage in sex work with customers in exchange for room and board.

Displaced Children: According to the 2015 Demographic and Health Survey, 20 percent of children younger than age 18 were not living with either biological parent, and 12 percent were orphaned or vulnerable due to extended parental illness or death. Extended family members normally cared for such children and other orphans.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community is very small, and there were no known reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

The Disability Act prohibits discrimination in education, health care, the judicial system, social services, the workplace, housing, political life, and cultural and sporting activities for persons with disabilities, defined as a long-term physical, mental, intellectual, or sensory impairment. The law prohibits discrimination against persons with disabilities in political and public life and calls for the government to take measures to provide access for them to transportation, information, and communication services. The law provides for the establishment of a disability trust fund to support persons with disabilities, including regarding access to public facilities, both governmental and private.

Societal stigma related to disability and the lack of accessibility to public buildings and transportation negatively affected the ability of persons with disabilities to obtain services and obtain and maintain employment.

Accommodations for persons with disabilities were not among the government’s priorities. Although the Disability Act took effect in 2013, the government had yet to adopt standards and plans for its enforcement and implementation. The Ministry of Gender, Community Development, and Social Welfare is responsible for protecting the rights of persons with disabilities, but it was unable to do so.

There were public and privately supported schools and training centers that assisted persons with disabilities. As of August the MHRC reported t two complaints were received related to abuse of disability rights.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity, or “unnatural offenses,” and conviction is punishable by up to 14 years’ imprisonment, including hard labor. Conviction of attempting “unnatural offenses” is punishable by seven years’ imprisonment. The penal code also criminalizes “indecent practices” between men as well as between women and provides for punishment of five years’ imprisonment if convicted. The government did not actively enforce these laws.

Same-sex sexual activity may also be prosecuted as “conduct likely to cause a breach of the peace.”

The Center for the Development of People documented 15 instances of abuse based on sexual orientation and gender identity. The nature of the abuses fell into three broad categories: stigma, harassment, and violence.

While the law does not prohibit discrimination against LGBTI persons, the revised Malawi National Strategic Plan for HIV and AIDS (2020-25) has also included the transgender and the men who have sex with men community as part of the key populations to be targeted reach towards its goals.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV and AIDS remained a problem, especially in rural areas. Many individuals preferred to keep silent regarding their health conditions rather than seek help and risk being ostracized. Campaigns by the government and NGOs to combat the stigma had some success. The National AIDS Commission maintained that discrimination was a problem in both the public and private sectors.

The 2012 People Living with HIV Stigma Index for Malawi indicated that of 2,272 persons with HIV interviewed, significant percentages reported having been verbally insulted, harassed, and threatened (35 percent) and excluded from social gatherings (33 percent).

Mobs and local citizens sometimes engaged in vigilante attacks, at times killing persons suspected of crimes such as theft.

There were several attacks on persons with albinism driven by demand for body parts for witchcraft rituals. Religious, traditional, civil society, and political leaders, including the president, publicly denounced the attacks. On July 24, Dorothy Jeffrey, a woman with albinism, survived an attempted abduction at night at her home in Moliha Village in Machinga District. She and her grandmother were injured; one of her suspected abductors was arrested.

In January 2019 Eunice Nkhonjera, an 18-month-old girl with albinism, was abducted from her home in the northern town of Karonga. In February 2019 police arrested three persons suspected of involvement in her kidnapping. Goodson Makanjira, a 14-year-old boy with albinism, was abducted from his home in the central region district of Dedza. Police arrested six suspects, one of whom, Buleya Lule, died in police custody. Both cases remained under police investigation at year’s end. In a sign of increased vigilance against killings of persons with albinism, courts across the country handed down severe sentences to those convicted of killing persons with albinism.

Rape and Domestic Violence: The law criminalizes rape against both men and women, as well as spousal rape and domestic violence including physical, sexual, verbal, psychological, and financial abuse. The law also extends protection to wives against being forcibly impregnated by their husbands and includes an extensive list of other abuses for which protection is provided. The law allows courts to issue restraining orders in domestic violence cases and criminalizes any actions against these orders. A man may be convicted of rape in the absence of a confession only if there are two male witnesses or four female witnesses willing to testify. In the case of a child, the burden of proof is lower. Penalties if convicted range from four months’ to 10 years’ imprisonment, depending on factors such as the age of the victim.

NGOs and other authorities reported MPS officers were reluctant to make arrests in cases of violence against women within the family. Reportedly, this made victims reluctant to file criminal cases against abusers. While the MPS received 842 reports of domestic violence as of September, the MPS conducted investigation into only 342 and recommended charges in only 33 cases. Of these 33 cases, charges were brought in just three cases as of September. While the MPS received 95 reports of rape and sexual assault as of September, the MPS conducted investigations into 74 complaints and recommended charges in only 10 cases. Of these 10 cases, charges were raised in just two as of September. Human rights activists staged a series of protests in Male throughout the year to express concern regarding inadequate investigations of rape and child sexual abuse cases and the impunity of offenders.

The Ministry of Gender, Family, and Social Services received reports of rape, sexual offenses, and domestic violence and conducted social inquiry assessments of cases it submitted to the MPS. It also provided psychological support to victims during MPS investigations.

To streamline the process of reporting abuses against women and children, the Ministry of Gender, Family, and Social Services operates family and children’s service centers on every atoll. Residential facilities were established in only four of the centers to provide emergency shelter assistance to domestic violence and other victims. Authorities and NGOs both reported the service centers remained understaffed and under resourced, especially lacking budgets to travel to attend cases in islands. Staff employed at the centers lacked technical capacity and were forced to divide their time between administrative duties and casework.

Female Genital Mutilation/Cutting (FGM/C): No cases of FGM/C were reported to government authorities during the year. Some religious leaders have intermittently called to revive the practice since 2014 and in November, a popular individual associated with a religious NGO reportedly called for a resumption of female circumcision. In January the Minister of Health ordered the Health Protection Agency to revoke a request submitted to the Fatwa Majlis, the statutory body mandated to resolve differences of opinion on religious matters, seeking its opinion on Islam’s stance on female circumcision. This followed criticism of the request by Maldivians on social media, who argued the request would set a dangerous precedent by allowing religious scholars to police women’s bodies. The minister noted, “female circumcision is not part of government policy and is not encouraged, so there is no need to seek any advice on the matter.” NGOs expressed concern the government failed to publicly denounce or counter calls for revival of female circumcision.

Other Harmful Traditional Practices: A 2015 amendment to the penal code states only Maldivian Islamic law penalties may be imposed for hadd (robbery, fornication, homosexual acts, alcohol consumption, apostasy) and qisas (retaliation in kind) offenses. Penalties could include hand amputation for theft and stoning to death for adultery, though this was not enforced.

Sexual Harassment: The law bans sexual harassment in the workplace, detention facilities, and any centers that provide public services. NGOs reported that while the law requires all government offices to set up sexual harassment review committees, a significant number of government offices had failed to establish these committees or in cases where the committees had been set up, employees were unaware of their existence.

The MPS reported forwarding two out of a total 63 received cases of sexual harassment for prosecution. President Solih dismissed Minister of Tourism Ali Waheed after multiple ministry employees accused him of sexual harassment. The MPS launched an investigation against Waheed on suspicion of sexual harassment and assault and in October asked the PGO to file charges against him in October. The PGO had yet to raise official charges as of November.

Reproductive Rights: Married couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and to have the information and means to do so, free from discrimination, coercion, and violence. Nevertheless, extramarital sex is criminalized and childbirth out of wedlock is stigmatized.

Limited public information on reproductive health services was available for unmarried individuals. Health-care facilities generally provided reproductive health services only to married couples. A centralized system of health-care provision is a significant barrier to access for health-care services on islands outside the capital region. Men tended to influence or control reproductive health decisions of women, often based on religious and cultural beliefs. Studies published by the United Nations Population Fund in 2018 and 2020 stated that youth access to reproductive health information and services was especially limited and that cultural attitudes prevented youth from accessing what limited services were available from health facilities.

NGOs reported that the government provided access to emergency contraceptives for sexual violence survivors.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law prohibits gender discrimination including in workplaces, educational institutions, and service providers, such as hospitals, but discrimination against women remained a problem. Women’s rights activists reported that women who initiated divorce proceedings faced undue delays in court as compared with men who initiated divorce proceedings. According to women’s rights activists, there were no policies in place to provide equal opportunities for women’s employment, despite provisions in the constitution and the law.

Birth Registration: Citizenship is derived through one’s parents. Under the law a child born of a citizen father or mother, regardless of the child’s place of birth, may derive citizenship. The Ministry of Gender, Family, and Social Services reported receiving cases a lower number of cases where parents had neglected to register their children than in previous years. Unlike in previous years, NGOs reported no known cases of the Family Court refusing to register children born to couples whose marriage ceremony was held outside of the country.

Education: Education is free, compulsory, and universal through secondary school. The Ministry of Gender, Family, and Social Services handled 18 cases of children being deprived of education as of September, a lower number than in previous years. NGOs stated this included parental refusal to send children to school, in some cases based on religious reasons. NGOs and activists noted the effect of religious extremism on child rights was an emerging issue but lacked a baseline study determining its prevalence. NGOs reported receiving reports that some families wanting to keep children out of the formal education system for religious reasons used COVID-19 related school closures to deprive children from school attendance for periods of time. NGOs reported a 2018 Ministry of Education report revealed that, while more girls were enrolled in primary schools than boys, there were more boys enrolled in secondary schools than girls. The report attributed this discrepancy to the possibility that some girls are home schooled from lower secondary school age on, but NGOs noted no formal studies have been made to identify the real cause.

Child Abuse: The law stipulates sentences of up to 25 years’ imprisonment for conviction of sexual offenses against children. The courts have the power to detain perpetrators, although most were released pending sentencing and allowed to return to the communities of their victims. The MPS investigates and the Ministry of Gender, Family, and Social Services is in charge of following up on reports of child abuse, including cases of sexual abuse. More than 70 percent of the total cases received by the Ministry of Gender, Family, and Social Services as of September were cases of child abuse, the majority involving sexual abuse. Of the child abuse cases received by the MPS, 43 percent were also sexual abuse cases, with the MPS forwarding only 18 percent of these cases for prosecution as of September. The PGO had only proceeded with charges in 14 percent of these cases. Human rights activists staged a series of protests in Male throughout the year expressing concern regarding inadequate investigation of rape and child sexual abuse cases and impunity of offenders. Human rights activists reported the lack of effective coordination of authorities handling child abuse cases, delays in attending to reports of abuse, and a lack of standard operating procedures to handle child abuse cases remained a problem.

NGOs reported authorities failed consistently to use the online child rights’ case management system through which various authorities can monitor progress and actions taken by other authorities on child abuse cases. NGOs noted widespread awareness of the existence of the Ministry of Gender’s Child Rights Helpline, but that victims faced challenges in reaching the helpline during a COVID-19 related lockdown of Male when many vulnerable families used the helpline to reach Ministry officials seeking assistance for matters unrelated to cases of child abuse.

Child, Early, and Forced Marriage: The Child Protection Act, which came into force in February, prohibits any marriage of a child under age 18. Previously, marriage of children age 16 was allowed with authorization from the Supreme Court and based on an assessment conducted by the Ministry of Gender. The Supreme Court had not authorized child marriages for years, however. While NGOs lauded the prohibition of all marriages of children, they also reported concerns that the prohibition would lead to an increase of child marriages outside the legal system and reported anecdotal evidence that some child marriages were still being conducted outside of the legal system. Girls reportedly often quit school following such marriages. In December 2019 the PGO raised charges of sexual abuse against a man who entered into marriage with a child outside of the legal system, but the criminal court had yet to conclude hearings in the case as of November. The case was related to late 2019 and early 2020 police raids on a group of religious fundamentalists active on Raa Maduvvari Island. The government reported some individuals in the group had entered into unregistered, unlawful marriages with girls.

Institutionalized Children: Local NGO Advocating the Rights of Children (ARC) released a report in 2016 detailing abuses in government-run “safe homes.” ARC reported children routinely spent many months at these homes, although they were intended to be temporary stopovers for children being taken into state care. According to ARC, the safe homes were inadequately furnished and equipped, lacked basic essentials, and were often understaffed, resulting in inadequate care, protection, and education for institutionalized children. NGOs reported these concerns remained the same during the year. The Ministry of Gender, Family, and Social Services reported one of the two government-run children’s homes housed more children than its capacity allowed. NGOs reported staff were untrained to care for several children with autism housed in these facilities. The country lacked a juvenile detention center, so youth offenders were held with juvenile victims of abuse. NGOs reported continuing inadequate supervision of the children by overstretched workers. NGOs also reported that some children taken into state custody were held in social housing units that had not been officially designated as facilities for such children and did not meet established standards. The HRCM reported it received a report in 2019 alleging 10 employees of Kudakudhinge Hiya children’s home mistreated 22 children living in the home. It chose not to investigate, however, because the alleged offense took place more than a year prior to reporting, and it proved challenging to gather evidence and information.

NGOs reported the multiagency panel that reviewed and made decisions on taking children into state custody and moving them among facilities was dissolved between March and September. During this period the Ministry of Gender acted unilaterally to transfer children with behavioral issues out of the children’s homes, some either returned to families without the ability to care for their specific needs or moved to in outer atolls with little supervision.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The public practice of religion other than Islam is prohibited by law, and the government did not provide estimates on the number of Jewish residents in the country. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and law provide for the rights and freedom from most types of discrimination for persons with disabilities. Although the constitution provides for freedom from discrimination in access to employment for persons with disabilities, the Disabilities Act does not do so. The Disabilities Act provides for the protection of the rights of persons with disabilities as well as financial assistance. The act mandates the state to provide a monthly financial benefit of not less than 2,000 rufiyaa ($130) to each registered individual. NGOs reported the National Social Protection Agency (NSPA), which handles the National Registry, has strict conditions and a cumbersome screening process that prevent the majority of persons with disabilities from being registered. The NSPA requires an assessment from a medical center in Male City, which may cost up to 40,000 rufiyaa ($2,600) for some families living in the islands who have to travel and stay in Male City for lengthy periods while the assessment is completed. During the year the government authorized a limited number of medical centers outside Male City to conduct the assessments, which reduced the cost in some limited cases. In January, the NSPA began covering 5,000 rufiyaa ($324) of assessment-related costs. The NSPA published the requirements for inclusion in the National Registry and rejected several applications. NGOs noted inclusion on the registry is a precondition to access several other benefits provided for persons with disabilities, including priority in accessing social housing schemes and special accommodations during voting.

Although no official studies have been concluded, NGOs which operate throughout the country estimated as much as 10 percent of the total population of persons with disabilities had been subjected to various forms of abuse and 40 to 60 percent of girls or women with disabilities, especially those who are visually impaired, were subject to sexual abuse. The families of these victims often do not report these cases to authorities, because the police investigation and judicial process is inaccessible to persons with disabilities.

Government services for persons with disabilities included special educational programs for those with sensory disabilities. Inadequate facilities and logistical challenges related to transporting persons with disabilities among islands and atolls made it difficult for persons with disabilities to participate in the workforce or consistently attend school. The vast majority of public streets and buildings were not accessible for wheelchair users.

The government integrated students with disabilities into mainstream educational programs at primary and secondary level. Most large government schools also held special units catering to persons with disabilities who were not be accommodated in the mainstream classes. Nonetheless, children with disabilities had virtually no access to transition support to higher secondary education.

Maldives Immigration reported approximately 117,000 legal foreign workers as of September, with an additional estimated 63,000 undocumented foreign workers, mostly from Bangladesh and other South Asian countries. NGOs reported government agencies implemented discriminatory policies towards foreign laborers while Bangladeshi workers faced harassment and violence by local citizens.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits same-sex sexual conduct. Under the penal code, the punishment for conviction includes up to eight years’ imprisonment and 100 lashes under Maldives Islamic law. None of the legal provisions prohibiting discrimination covers discrimination based on sexual orientation or gender identity. No organizations focused on lesbian, gay, bisexual, transgender, and intersex (LGBTI) problems in the country. There were no reports of officials complicit in abuses against LGBTI persons, although societal stigma likely discouraged individuals from reporting such problems. Local citizens who expressed support for LGBTI rights on social media reportedly were targeted for online harassment as “apostates” or irreligious. In June groups of protesters gathered outside the residences of two men on two separate islands, accusing the men of engaging in same-sex relations. Media reported the men were taken into police custody on both occasions.

The trial of six men arrested in 2017 and charged in connection with the murder of Yameen Rasheed, a prominent blogger and social media activist, continued during the year. NGOs reported online death threats and attacks against citizens perceived to be critical of Islam continued and NGOs reported the government failed to take action in these cases.

Rape and Domestic Violence: The law criminalizes rape of women and men and provides a penalty for conviction of five to 20 years’ imprisonment for offenders, but the government did not enforce the law effectively. Rape was a widespread problem. Authorities prosecuted only a small percentage of rape cases since victims seldom reported rapes due to societal pressure, particularly because attackers were frequently close relatives, and due to fear of retaliation. No law explicitly prohibits spousal rape, but law enforcement officials stated that criminal laws against rape could apply to spousal rape. Police and judicial authorities were willing to pursue rape cases but were also willing to stop pursuing their cases if parties privately reached an agreement prior to trial. This promoted an environment where victims might be pressured by family to accept monetary “compensation” for the crime committed against them instead of seeking justice through the legal system. There were several convictions related to rape and domestic violence during an extended Court of Assizes session that began in August. The court convicted one suspect of pedophilia; he received a sentence of three years’ imprisonment. Two suspects convicted of rape and pedophilia each received five-year prison sentences; including a Guinean national convicted of raping a minor. On September 30, an individual convicted of murder and attempted rape was sentenced to death.

Domestic violence against women, including spousal abuse, was prevalent. A 2012/2013 gender assessment found a vast majority of women in the country suffered from domestic violence and concluded that 76 percent of women believed it was acceptable for a man to beat a woman for burning food, arguing, going out without telling the man, being negligent with children, or refusing to have sexual intercourse; the 2018 Mali Demographic and Health Survey concluded that 79 percent of women and 47 percent of men still believed this behavior was justified. The same survey found 49 percent of women experienced spousal violence (emotional, physical, or sexual); 43 percent of women ages 15 to 49 experienced physical violence; and one in every eight women (13 percent) experienced sexual violence. Of women who experienced domestic violence, 68 percent never sought help or told anyone.

Spousal abuse is a crime, but the law does not specifically prohibit domestic violence. According to human rights organizations, most cases went unreported as a result of both cultural taboos and a lack of understanding regarding legal recourse. Conviction of assault is punishable by prison terms of one to five years and substantial fines. The sentence may be increased up to 10 years’ imprisonment if the assault is found to be premeditated. Nonetheless, police were often reluctant to intervene in cases of domestic violence. Additionally, many women were reluctant to file complaints against their husbands due to financial dependence concerns, or to avoid social stigma, retaliation, or ostracism. The Ministry of Justice Planning and Statistics Unit, established to track prosecutions, did not produce reliable statistics.

On September 21, following a complaint from his girlfriend, prominent singer Sidiki Diabate was arrested by the Bamako police judicial investigations unit for allegations of domestic violence and sequestration. A robust social media campaign denouncing the artist also resulted in him being dropped from concert appearances. On September 24, he was formally charged and imprisoned. On September 26, the Platform Against Gender-Based Violence held a march in support of victims of gender-based violence. On October 2, supporters of the artist announced a demonstration in his honor, but it was cancelled. Local media reported Diabate was provisionally released on bail on December 29; his trial was pending at year’s end.

According to MINUSMA, extremist groups were also responsible for intimidating and threatening women into “modesty” by imposing the veil on women in the regions of Timbuktu and Mopti. Reportedly, in the Dianke area of Timbuktu, several unveiled women were threatened, while in Binedama in the Mopti Region, all women were forced to wear a veil. The United Nations also reported an increase in conflict-related sexual violence attributable to extremist armed elements and signatory armed groups in the northern and central parts of the country.

In the March 20 report of the UN secretary-general to the Security Council on the situation in the country, MINUSMA documented at least eight cases of conflict-related sexual violence. According to the report, “The cases included the forced marriage of four girls by alleged extremist elements in Timbuktu Region; the rape of two women, reportedly by Mouvement pour le salut de l’Azawad members in Menaka; the gang rape of a girl, imputed to elements of the Coordination des mouvements de l’Azawad et Front patriotique de reisistance in Gao; and the sexual assault of a five-year-old girl, perpetrated by a member of the MDSF in Gao.”

According to MINUSMA, following a January 21 workshop discussing the role of the High Islamic Council in countering conflict-related sexual violence, the president of the High Islamic Council signed a declaration, making commitments to prevent gender-based violence, including the issuance of a fatwa to denounce conflict-related sexual violence.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is legal in the country and, except in certain northern areas, all religious and ethnic groups practiced it widely, particularly in rural areas. Although FGM/C is legal, authorities prohibited the practice in government-funded health centers.

Parents generally had FGM/C performed on girls between ages six months and nine years. According to the 2018 Mali Demographic and Health Survey, 89 percent of women ages 15-49 were circumcised, but this varied widely by geographic location with rates as low as less than 2 percent in Gao to more than 95 percent in Koulikoro and Sikasso. Approximately 76 percent of circumcisions occurred prior to age five, and circumcision was almost always performed by a traditional practitioner (99 percent). According to the survey, approximately 70 percent of men and 69 percent of women believed excision was required by religion and three-quarters of the population, regardless of gender, believed the practice should continue. Government information campaigns regarding the dangers of FGM/C reached citizens throughout the country where security allowed, and human rights organizations reported decreased incidence of FGM/C among children of educated parents.

Sexual Harassment: The law does not prohibit sexual harassment, which routinely occurred, including in schools, without any government efforts to prevent it.

Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children, and to manage their reproductive health free from discrimination, coercion, or violence. Many couples and individuals, however, lacked the information and means to enjoy these rights.

While no government policy adversely affected access to contraception, women and girls faced cultural and social barriers such as the consent of their husbands and influential members of the household to manage their reproductive health.

Distance to health-care facilities and flooded roadways during rainy season negatively affected the ability of those living in rural areas to access adequate healthcare easily.

In accessing information about their reproductive health, women with disabilities faced distinct barriers, such as physical barriers to entry into health-care facilities, communication barriers, discriminatory and disrespectful treatment from health-care providers, and the lack of reproductive health information in accessible formats.

While government sexual and reproductive health services were available to survivors of sexual violence, including survivors of conflict related sexual violence, the services were rarely specialized. In instances of gender-based violence such as sexual violence, survivors often sought care from general health facilities. Through Spotlight, an initiative supported by the European Union and the UNFPA and UN Women, the country provided specialized assistance to survivors of gender-based violence, including family planning counseling, at the referral health center level via 10 “one-stop centers” in Bamako, Gao, Mopti, Kayes, and Koulikoro.

The maternal mortality rate was estimated at 325 per 100,000 live births, and 67 percent of women delivered in a health center assisted by skilled health workers. The key drivers of maternal mortality included poor access to and use of quality antenatal, delivery, and postnatal care services. The primary direct obstetric causes of maternal mortality were hemorrhage (37 percent), eclampsia (11 percent), and sepsis (11 percent). FGM/C was a significant public health problem that contributed to maternal morbidity. According to the UNFPA, the adolescent birth rate was 164 per 1,000.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law does not provide the same legal status and rights for women as for men, particularly concerning divorce and inheritance. Women are legally obligated to obey their husbands and are particularly vulnerable in cases of divorce, child custody, and inheritance. There were legal restrictions on women holding employment in the same occupations, tasks, and industries held by men. Women had very limited access to legal services due to their lack of education and information as well as the prohibitive cost. Despite the discriminatory nature of the law, the government effectively enforced it.

While the law provides for equal property rights, traditional practices and ignorance of the law prevented women from taking full advantage of their rights. The marriage contract must specify if the couple wishes to share estate rights. If marriage certificates of Muslim couples do not specify the type of marriage, judges presume the marriage to be polygynous.

The Ministry for the Promotion of Women, Children, and the Family is responsible for ensuring the legal rights of women.

According to 2019 estimates, more than one-half of the population is younger than age 18. As of June the United Nations estimated 2.42 million children were in need of humanitarian assistance. According to UNICEF’s data regarding children, repeated attacks led to death; gunshot or burn injuries; displacement and separation from families; and exposure to violence, including rape and other forms of sexual violence; arrests and detention; and psychological trauma. Hundreds of children were estimated to be recruited by armed groups annually.

Birth Registration: Citizenship is derived from either parent or by birth within the country, and the law requires registration within 30 days of birth. A fine may be levied for registration occurring after the 30-day period. Girls were less likely to be registered.

The government did not register all births immediately, particularly in rural areas. Some organizations indicated there were insufficient registration sites to accommodate all villages, further exacerbating the low registration rates in certain areas. According to a December 2019 UNICEF report, 13 percent of children younger than five were not registered, while 22 percent of registered children did not receive birth certificates. Lack or inaccessibility of services, lack of birth registration books, and ignorance of the importance of birth certificates by parents were among challenges for birth registration. According to UNICEF, the government registered nearly 90 percent of births in 2019. The government conducted an administrative census in 2014 to collect biometric data and assign a unique identifying number to every citizen. The process allowed the registration of children not registered at birth, although the number of birth certificates assigned was unknown. Several local NGOs worked with foreign partners to register children at birth and to educate parents regarding the benefits of registration, which is critical for access to education and government services. Birth registration also plays an essential role in protecting children, as well as facilitating their release and reintegration if recruited by armed groups or detained.

Education: The constitution provides for tuition-free universal education, and the law provides for compulsory schooling of children ages six through 15. Nevertheless, many children did not attend school. Parents often had to pay their children’s school fees as well as provide their uniforms and supplies. Other factors affecting school enrollment included distance to the nearest school, lack of transportation, shortages of teachers, a protracted teachers’ strike from December 2019 to September 13, shortages of instructional materials, and lack of school feeding programs. Girls’ enrollment was lower than that of boys at all levels due to poverty, a cultural preference to educate boys, the early marriage of girls, and sexual harassment of girls. According to the 2018 Mali Demographic and Health Survey, two-thirds of women ages 15-49 had no education, compared with 53 percent of men in the same age range, and only 28 percent of women were literate, compared with 47 percent of men.

On March 19, in response to the COVID-19 pandemic, the government announced the closure of schools. Compounded with a simultaneous teachers’ strike, schools effectively remained closed until September 13, when a salary increase agreement was reached between the teachers’ union and the CNSP (the de facto authority following the overthrow of the government). In December schools were again closed in an effort to stymie a second wave of COVID-19 cases. It was estimated that nearly 3.8 million children in the country were affected by school closures during the year.

In June the United Nations reported that conflict had caused the closure of at least 1,261 schools in the regions of Gao, Kidal, Timbuktu, Mopti, and Segou since the beginning of the year. Many schools were damaged or destroyed because rebels sometimes used them as bases of operations. The United Nations also reported the government security forces also sometimes used school compounds as bases. MINUSMA reported that during the first half of the year, at least seven schools were attacked or targeted. Jihadist groups often threatened teachers and communities to close schools that did not offer solely religious instruction. The conflict-related closure of more than 1,261 schools during the year was an increase from approximately 900 closures during the 2018-19 school year, and nearly doubled the number of school closures in the same period in 2017-18. The majority of closed schools were located in the Mopti Region.

Child Abuse: Comprehensive government statistics on child abuse did not exist, but the problem was widespread. Most child abuse cases went unreported. According to MINUSMA’s HRPD reports detailing the first six months of the year, 39 children were killed, less than a one-quarter the number reported during the same period of 2019. The United Nations documented 402 cases of grave abuses (defined as recruitment or use of children as soldiers, killing and maiming of children, rape and other grave sexual violence, abductions, attacks on schools and hospitals, or denial of humanitarian access to children) against 254 children between January and June. Police and the social services department in the Ministry of Solidarity and Humanitarian Action investigated and intervened in some reported cases of child abuse or neglect, but the government provided few services for such children (see also section 1.g, Child Soldiers).

Child, Early, and Forced Marriage: The minimum age to marry without parental consent is 16 for girls and 18 for boys. A girl age 15 may marry with parental consent with approval of a civil judge. Authorities did not effectively enforce the law, particularly in rural areas, and child, early, and forced marriage was a problem throughout the country. Girls were also taken as ‘wives’ for combatants and leaders of armed groups. According to 2017 data from UNICEF, 54 percent of women were married by age 18 and 16 percent before age 15.

In some regions of the country, especially Kayes and Koulikoro, girls married as young as age 10. It was common practice for a girl age 14 to marry a man twice her age. According to local human rights organizations, officials frequently accepted false birth certificates or other documents claiming girls younger than age 15 were old enough to marry. NGOs implemented awareness campaigns aimed at abating child, early, and forced marriage.

Sexual Exploitation of Children: The law prohibits the sexual exploitation of children, including commercial sexual exploitation. Penalties for conviction of sexual exploitation of both adults and children are six months’ to three years’ imprisonment and a substantial monetary fine. Penalties for convicted child traffickers are five to 20 years in prison. Penalties for conviction of indecent assault, including child pornography, range from five to 20 years in prison. The country has a statutory rape law that defines 18 as the minimum age for consensual sex. The law, which was inconsistent with the legal minimum marriage age of 15 for girls, was not enforced. Sexual exploitation of children occurred.

Infanticide or Infanticide of Children with Disabilities: Some prostitutes and domestic workers practiced infanticide, mainly due to lack of access to and knowledge of contraception.

Displaced Children: UNICEF reported that, as of March, 79 unaccompanied and separated children had received interim care and protection services since the beginning of the year. According to the OCHA, children made up 58 percent of IDPs in the country.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were fewer than 50 Jews in the country, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

The constitution and law do not specifically protect the rights of persons with physical, sensory, intellectual, or mental disabilities in access to employment, education, air travel and other transportation, health care, the judicial system, and state services. There is no law mandating accessibility to public buildings. While persons with disabilities have access to basic health care, the government did not place a priority on protecting the rights of persons with disabilities. Many such individuals relied on begging.

Persons with mental disabilities faced social stigmatization and confinement in public institutions. For cases in which an investigative judge believed a criminal suspect had mental disabilities, the judge referred the individual to a doctor for mental evaluation. Based on a doctor’s recommendation–medical doctors sometimes lacked training in psychology–the court would either send the individual to a mental institution in Bamako or proceed with a trial.

The Ministry of Solidarity and Humanitarian Action is responsible for protecting the rights of persons with disabilities. The ministry sponsored activities to promote income-earning opportunities for persons with disabilities and worked with NGOs, such as the Malian Federation of Associations for Handicapped Persons, which provided basic services. Although the government was responsible for eight schools countrywide for deaf persons, it provided almost no resources or other support.

Societal discrimination continued against black Tuaregs, often referred to as Bellah. Some Tuareg groups deprived black Tuaregs of basic civil liberties due to hereditary slavery-like practices and hereditary servitude relationships.

There were continued reports of slave masters kidnapping the children of their Bellah slaves. Slaveholders considered slaves and their children as property and reportedly took slave children to raise them elsewhere without permission from their parents. The antislavery organization Temedt organized workshops in the Kayes Region to convince communities to abandon the practice of keeping slaves. More than 2,000 families who were displaced in 2019 due to their refusal to be subjected to slavery practices remained displaced and continued to be prevented from farming and accessing social services in the areas of Diema, Nioro du Sahel, and Yelimane in the Kayes Region. In addition despite government negotiations that allowed for the return of 213 families to Kerouane in Kayes Region, villagers prevented the families from accessing basic needs.

In September human rights organizations reported that four persons in Diandioume, circle of Nioro du Sahel, were bound, beaten, and drowned for refusing the practice of hereditary slavery. At least 95 of their family members fled or were displaced. The CNDH and other human rights organizations condemned the situation and called on the government to take action. At least 30 persons were reportedly arrested as a result.

Intercommunal violence led to frequent clashes between members of the Fulani or Peuhl ethnic groups and, separately, members of the Bambara and Dogon communities for their alleged support of armed Islamists linked to al-Qa’ida. According to Human Rights Watch, this tension has given rise to ethnic “self-defense groups” and driven thousands from their homes, diminished livelihoods, and induced widespread hunger. Such groups representing these communities were reportedly involved in several communal attacks, and retaliatory attacks were common.

In the center, violence across community lines escalated. Clashes between the Dogon and Fulani communities were exacerbated by the presence of extremist groups and resulted in large numbers of civilian deaths (see section 1.g, Killings).

In another example, over the course of several hours on July 1, unidentified gunmen attacked the Dogon villages of Panga Dougou, Djimdo, Gouari, and Dialakanda, in the circle of Bankass, Mopti region, killing at least 32 civilians and wounding several others, and burning and looting several houses.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits association “for an immoral purpose.” Nonetheless, anecdotal evidence suggested there was an upsurge in targeting of LGBTI individuals and their full protection remained in question. In January, reportedly in response to allegations of inappropriate sexual conduct, 15 young men were arrested at a social event. The defendants were apparently targeted for their perceived sexual orientation and were accused of indecency, trafficking in persons, corruption of minors, and rape. Following their arrest, clinics where some of them were receiving HIV care were ransacked and temporarily closed. Observers believed the clinics were targeted for their work serving key populations at risk of HIV. It was difficult to obtain information regarding the specific sequence of events and the young men’s treatment while in police custody. According to the government, their detention was intended to protect this vulnerable group. As of December three of the 15 remained in pretrial detention pending a continuing investigation.

No laws specifically prohibit discrimination based on sexual orientation or gender identity.

NGOs reported LGBTI individuals experienced physical, psychological, and sexual violence, which society viewed as “corrective” punishment. Family members, neighbors, and groups of strangers in public places committed the majority of violent acts, and police frequently refused to intervene. Most LGBTI individuals isolated themselves and kept their sexual orientation or gender identity hidden. An NGO reported that LGBTI individuals frequently dropped out of school, left their places of employment, and did not seek medical treatment to hide their sexual identity and avoid social stigmatization.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV and AIDS occurred. HIV positivity was often locally perceived to be synonymous with LGBTI. The government implemented campaigns to increase awareness of the condition and reduce discrimination against persons with HIV and AIDS.

Discrimination continued against persons with albinism. Some traditional religious leaders perpetuated the widespread belief that such persons possessed special powers that others could extract by bringing a traditional spiritual leader the blood or head of one. For example, in October 2019 a group of persons, including the victim’s husband, killed an albino pregnant woman in Kita on the orders of a traditional spiritual leader. Two of the perpetrators were arrested. As of December, the victim’s husband remained under arrest and the case remained pending. Singer-songwriter and albino activist Salif Keita noted that men often divorced their wives for giving birth to a child with albinism. Lack of understanding of the condition continued and impeded such persons’ lack of access to sunblock, without which they were highly susceptible to skin cancer. Keita founded the Salif Keita Global Foundation in 2006, which continued to provide free health care to persons with albinism, advocated for their protection, and provided education to help end their abuse.

On October 3, the Malian Association for the Protection of People with Albinism hosted a press conference in Bamako to demand authorities apply the 2017-21 regional action plan on albinism in Africa. While the plan aims to promote the rights of albinos in the country and across Africa, the association contended that since its adoption, authorities have struggled to apply it.

Rape and Domestic Violence: Rape, including by a spouse, is a crime with a maximum penalty of 25 years’ imprisonment for first-degree sexual assault; the law is gender neutral, although there have been no cases of men alleging rape. Domestic violence is also a crime. The law seeks to stigmatize it, to ensure investigation of incidents and the prosecution and punishment of perpetrators, and to provide support for survivors. Complainants can file for either a temporary or a permanent protective order, which requires that the alleged perpetrator keep a distance of 150 feet from the complainant. Temporary protective orders have a duration of 28 days. Permanent protective orders remain in effect until the complaint is withdrawn. The law also requires all citizens to report suspected domestic violence.

The police response to allegations of rape and domestic violence was intermittent, although there is a police domestic violence unit with both an investigative and community outreach role. A lack of resources and training limits the capacity of local police to respond to and assist victims. The Attorney General’s Office prosecutes rape cases brought to its attention. Prosecutions for domestic violence were sporadic, and awareness of the law was low outside the capital. A general lack of capacity and resources hindered the prosecution of rape and domestic violence cases. Court rules protect women during testimony in rape cases, primarily by shielding the victim as witness from the accused, but human rights advocates reported hesitancy among victims to report these crimes to the police despite awareness-raising efforts. There were two reported cases of sexual assault and conviction in a domestic murder case.

Various studies have suggested sexual violence of all types is common but frequently unreported. A 2017 study by the nongovernmental organization (NGO) Women United Together in the Marshall Islands (WUTMI) ascribed the high rate of domestic violence to patriarchal social norms that place women in a subordinate cultural role. According to the study, most citizens believed violence against women was justified in many situations.

Government health offices provided limited counseling services when spouse or child abuse was reported, but there were no government shelters for domestic violence victims. NGOs continued efforts to raise awareness of domestic violence through marches and information sessions. WUTMI, formed to advance women’s rights, partnered with government and other donors for its Weto in Mour: Violence against Women and Girls Support Service, which provided survivors with safe accommodations, basic necessities, and transport fares to enable them to attend legal appointments. The Micronesian Legal Services Corporation offers free legal services to victims to obtain a protective order.

Sexual Harassment: Sexual harassment is a crime, defined as unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated. The law was generally not well enforced.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Access to information on contraception, prenatal care, skilled attendance at delivery, and postpartum care was available on Majuro and Kwajalein Atolls. On remote atolls only infirmaries with minimally trained attendants were available.

The government provides sexual and reproductive health services to sexual violence survivors.

The Ministry of Health provided free contraceptives, with particular emphasis on reducing the high rate of teenage pregnancy. Although statistics were not available, observers said there was a disproportionate number of premature births to teenage mothers. Maternal mortality statistics were not available.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women generally enjoyed the same legal rights as men. The inheritance of property and traditional rank is matrilineal on most atolls, although control of property was often delegated to male family members. Tribal chiefs, customarily the husband or eldest son of the female landowner, are the traditional authorities in the country. The government generally enforced these rights.

Women are represented in the workforce in proportion to their share of the general population. There is no law on equal pay for equal work; however, equal pay was in effect for government employees.

Birth Registration: Citizenship is acquired through one’s parents. Children born within the country to foreign parents do not acquire citizenship at birth but may apply for citizenship upon reaching age 18. Failure to register births generally did not result in the denial of public services such as education or medical care.

Education: Although primary education is compulsory beginning at age five, the government did not strictly enforce the law. The law does not specify an age at which students may drop out of school. To enter public high school, students must take an admission exam, but due to space constraints, not all who passed the exam could attend public high schools. School enrollment rates were 51 percent for boys and 49 percent for girls.

Child Abuse: Child abuse and neglect are criminal offenses, but public awareness of children’s rights remained low. Convictions for violations are punishable by a maximum of 25 years in prison, depending on the degree of the offense. The law requires teachers, caregivers, and other persons to report instances of child abuse and exempts them from civil or criminal liability for making such a report. Child abuse and neglect remained common.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 years for both men and women. Marriage under the age of 18 requires parental consent. According to the UN Population Fund database, 26 percent of women ages 20-24 were married before age 18. There were no known government measures to prevent or mitigate early marriage.

Sexual Exploitation of Children: Sexual relations are illegal for boys younger than age 15 and for girls younger than age 16. The country’s statutory rape law, which provides penalties of up to 25 years’ imprisonment for violators, was largely unenforced. The law criminalizes the exploitation of children, including child sex trafficking, child pornography, and other forms of sexual exploitation, and prescribes penalties of up to 20 years’ imprisonment, a fine, or both. The law stipulates authorities may not punish child victims of sexual exploitation and that these victims should have access to support services. The law was generally enforced, although unsubstantiated reports of child sexual exploitation persisted.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There were few Jewish residents in the country, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution states no person may be treated in a discriminatory manner under law or by public officials, but it does not include disability in its listing of specific prohibited grounds of discrimination. Relevant law is designed to implement the UN Convention on the Rights of Persons with Disabilities and gives persons with disabilities equal rights under the law.

Persons with physical, sensory, intellectual, and mental disabilities faced difficulties in obtaining employment and accessing health care and other state services.

There were no specific psychiatric facilities in the country or community-based supports for persons with mental disabilities, although the Ministry of Health provided short-term care at the Majuro hospital or facilities off-island.

The Ministry of Health addresses the health needs of persons with mental and physical disabilities. The public school system is responsible for supporting special education for children with disabilities and continued to incorporate awareness programs for students with disabilities, in particular those with hearing disabilities.

There were no reports of violence against persons with disabilities.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Neither the constitution nor law provides specific protection against discrimination for lesbian, gay, bisexual, transgender, and intersex persons.

Rape and Domestic Violence: Rape of women is illegal. The law does not address rape of men. Rapists who are single men face penalties of imprisonment, forced labor, and whipping; married rapists are subject to the death penalty, although this penalty has not been enforced since 1987. The government increasingly enforced prison sentences for convicted rapists, but prosecution remained provisional. Nevertheless, as in years past, wealthy rape suspects reportedly avoided prosecution or, if prosecuted, avoided prison. It was common for the families of the rape survivor to reach an agreement with the perpetrator in the form of monetary compensation.

Rape survivors were discouraged from reporting the crime because they themselves could be jailed for having intercourse outside of marriage. Reliable data on gender-based violence remained sparse, and the situation of children and women who were victims of abuse was poorly documented. The subject continued to remain taboo due to social mores and traditional norms, which often call for survivors to be rejected by their family and society. On March 25, Khadijetou Oumar Sow, a 26-year-old woman, went missing. On April 12, her body was found, and an investigation concluded that she was raped twice before being strangled with a turban. Her killer is serving a life sentence in prison. On November 19, the Nouakchott North Criminal Court sentenced five men to death after they were convicted of the rape and murder of 27-year-old Oumeima Mohaamed Ahmed on September 3.

Spousal abuse and domestic violence are illegal, but there are no specific penalties for domestic violence. The government did not enforce the law effectively, and convictions were rare.

Police and the judiciary occasionally intervened in domestic abuse cases, but women rarely sought legal redress, relying instead on family, NGOs, and community leaders to resolve their domestic disputes. NGOs reported that, in certain cases, they sought police assistance to protect victims of domestic violence, but police declined to investigate.

Female Genital Mutilation/Cutting (FGM/C): The law states that any act or attempt to damage a girl’s sexual organs is punishable by imprisonment and a monetary fine. Authorities seldom applied the law, largely due to the lack of awareness by local authorities about the ordinance in the law that bans the practice. According to a 2015 UNICEF study, 67 percent of women aged 15 to 49 have undergone FGM/C. In certain regions in the southeastern part of the country, the prevalence is higher than 90 percent.

The Ministry of Social Affairs, Childhood, and Family continued to track the more than 2,000 traditional health providers who publicly abandoned the practice of FGM/C in an effort to ensure that the providers do not start the practice again.

Other Harmful Traditional Practices: Traditional forms of mistreatment of women continued to decline. One of these was the forced feeding of adolescent girls prior to marriage, practiced by some Beydane families and known as “gavage.”

Sexual Harassment: There are no laws against sexual harassment. Women’s NGOs reported that sexual harassment was a common problem in the workplace.

Reproductive Rights: According to the law, every couple has the right to decide the number, spacing, and timing of their children, and to manage their reproductive health, free from discrimination, coercion, or violence. Nevertheless, many couples did not have access to the information or the means to enjoy these rights. The law does not extend the same rights to unmarried individuals since the law criminalizes sexual relations outside of marriage.

Although no legal or governmental policies adversely affected access to contraception, social, and cultural barriers significantly limited access to contraception. Barriers included rumors that contraception causes cancerous diseases, death, or infertility. Contraceptives were not widely available in health centers, and some religious fatwas forbid the use of contraception without the husband’s permission. For unmarried women, a large stigma was associated with seeking contraception.

According to the law, every woman has the right to a childbirth assisted by qualified health personnel, but many women lacked access to those services. Social stigmas and conservative sociocultural factors limited access to information and health services, particularly by adolescents. There were no legal barriers to accessing skilled health attendance during pregnancy and childbirth, but social and cultural factors, such as the prevalent use of traditional midwives, limited the use of these services.

The government provided limited access to sexual and reproductive health services for survivors of sexual violence. A unit in the Maternity and Child Center in Nouakchott treated female victims of sexual violence. This unit also gave women pills to prevent pregnancy after cases of rape. Access to these services was uncommon outside of Nouakchott, and, even when services were available, women were often discouraged from seeking assistance after incidents of sexual violence.

The World Health Organization (WHO) estimated the maternal mortality rate to be 766 per 100,000 live births. The high maternal mortality rate was due to lack of medical equipment, low participation by mothers in programs promoting prenatal care, births without the assistance of health professionals, poor sanitation, malnutrition, and high rates of adolescent pregnancy. FGM/C was a significant problem and contributed to maternal morbidity. The WHO estimated the adolescent (females aged 15-19) birth rate to be 84 per 1,000.

The proportion of women of reproductive age whose need for family planning was satisfied with modern methods was 35 percent, and the contraceptive prevalence rate for women aged 15-49, with any method, was 12 percent.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women have legal rights to property and child custody, and the more educated and urbanized members of the female population were more likely to enjoy these rights. Nevertheless, women in general had fewer legal rights than men.

Additionally, women faced other forms of legal discrimination. According to sharia as applied in the country, the testimony of two women was required to equal that of one man. The courts granted only one-half as large an indemnity to the family of a female victim as that accorded to the family of a male victim. The personal status code provides a framework for the consistent application of secular law and sharia-based family law, but judicial officials did not always respect it. There were legal restrictions on women’s employment, including limitations on working in occupations deemed dangerous and certain industries including mining and construction (see section 7.d.).

Birth Registration: By law a person derives citizenship from one’s father. One can derive citizenship from one’s mother under either of the following conditions: if the mother is a citizen and the father’s nationality is unknown or he is stateless, or if the child was born in the country to a citizen mother and the child repudiates the father’s nationality a year before reaching majority. Children born abroad to citizen mothers and foreign men can acquire citizenship one year before reaching the majority age of 18. Minor children of parents who are naturalized citizens are also eligible for citizenship.

The process of registering a child and subsequently receiving a birth certificate was reportedly difficult. Failure to register could result in denial of some public services, such as education.

Education: The law mandates six years of school attendance for all children, but the law was not effectively enforced. Many children, particularly girls, did not attend school for the mandatory six years. Children of lower castes from both Haratine and sub-Saharan families often did not receive any formal education.

Child, Early, and Forced Marriage: The legal marriage age is 18, but authorities rarely enforced the law, and child marriage was widespread. Since consensual sex outside of marriage is illegal, a legal guardian can ask local authorities to permit a girl younger than 18 to marry. Local authorities frequently granted permission. The government continued to work with UNICEF to implement a program to combat child marriage through a series of judicial and political reforms.

In 2017 according to UNICEF, 37 percent of girls were married before the age of 18, and 18 percent were married before the age of 15.

Sexual Exploitation of Children: The law prohibits sexual relations with a child younger than 18, with penalties of six months to two years in prison and a fine. Possession of child pornography is illegal, with penalties of two months to one year in prison and a fine. Commercial sexual exploitation of children is illegal, and conviction carries penalties of five to 10 years in prison and a substantial fine. NGOs asserted the laws were not properly enforced.

Displaced Children: According to the minister of social affairs, childhood, and family, there were more than 16,000 children who need protection, including children without civil documentation, uneducated children, and victims of child labor.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

A very small number of foreign residents practiced Judaism. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law provides for access to information and communication, and to existing public buildings through retrofitting and future buildings through amendments to the building code. Authorities did not enforce the law, and persons with disabilities generally did not have access to buildings, information, and communications. Children with disabilities attended school through secondary education at a significantly lower rate than other children.

Haratine and sub-Saharan ethnic groups faced governmental discrimination while the Beydane ethnic group received governmental preference. For example individuals living in Western Sahara (who are of Beydane ethnicity) easily obtained national identity cards required to vote, although they were not legally qualified to do so because they were not citizens. Meanwhile, Haratine (Arab slave descendants) and sub-Saharan (non-Arab) citizens often had great difficulty obtaining national identity documents.

Racial and cultural tension and discrimination also arose from the geographic, linguistic, and cultural divides between Moors (Beydane and Haratine) who–while historically representing a mix of Berber, Arab, and sub-Saharan Africans–today largely identify culturally and linguistically as Arab, and the sub-Saharan non-Arab minorities. Historically, the Beydane (“White Moors”) enslaved the Haratine population (“Black Moors”); some hereditary slavery continued, and Haratines continued to suffer from the legacy of centuries of slavery (see section 7.b.). Beydane tribes and clans dominated positions in government and business far beyond their proportion of the population. As a group the Haratines remained politically and economically weaker than the Beydane, although they represented the largest ethnocultural group in the country. The various sub-Saharan ethnic groups, along with the Haratines, remained underrepresented in leadership positions in government, industry, and the military (see section 3). In August, President Ghazouani increased the number of Haratines and sub-Saharans in leadership positions, most notably by appointing a Haratine as prime minister. In November the Union for the Republic, the ruling political party, held a series of workshops and debates designed to identify ways to bolster national unity. The workshops marked the first time that the ruling party began to debate openly ways to overcome some of the country’s racial and cultural tensions, and included proposals to change some of the religious jurisprudence books that form the basis of religious teachings and are used to justify the practice of slavery.

According to human rights activists and press reports, local authorities continued to allow influential Beydane to appropriate land formerly occupied by Haratines and sub-Saharans, to occupy property unlawfully taken from sub-Saharans by former governments, and to obstruct access to water and pasturage.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws protect lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from discrimination. Under sharia as applied in the country, consensual same-sex sexual activity between men is punishable by death if witnessed by four individuals, and such activity between women is punishable by three months to two years in prison and a token fine. The government did not actively enforce these measures. The LGBTI community was rarely identified or discussed, which observers attributed to the severity of the stigma and the legal penalties attached to such labels.

According to the latest report by the LGBTI Nouakchott Group of Solidarity Association (issued in 2017), the rights of LGBTI persons are not recognized and therefore not protected. LGBTI persons lived in perpetual fear of being driven out by their families and rejected by society in general. As a result, they did not attend or participate in public activities due to fears of retribution and violence. On January 30, eight men were convicted and sentenced to two years for disturbing public morals after video circulated of a celebration at a private Nouakchott party involving mostly LGBTI men. In March the Nouakchott Appeals Court dropped the initial charges and ordered the release of seven of the eight men. The remaining man was sentenced to two months in prison for disturbing the peace.

HIV and AIDS Social Stigma

Persons infected with HIV/AIDS were often isolated due to societal taboos and prejudice associated with the disease but were gradually becoming more accepted within society and by the government. These individuals were often involved in the implementation of state programs to combat infectious diseases, HIV/AIDS, malaria, and tuberculosis.

Rape and Domestic Violence: The law prohibits rape. Although the law does not mention spousal rape, it stipulates that a spouse cannot force or threaten the other partner into a sexual act “from which the spouse or the other person has the right to abstain.”

Police and the judicial system did not effectively enforce the law, according to local NGOs that work with domestic violence victims. The penalty for rape is up to 20 years’ imprisonment, with a substantial fine. Rape cases rarely make the headlines, unless they are egregious in nature.

The law criminalizes domestic violence, but it remained a major problem. For example, on May 5, the newspaper L’Express reported that a 34-year-old woman filed a complaint against her husband for assault after he tied her to a chair and gagged her. The law includes in the term “spouse” unmarried couples of the opposite sex; defines “domestic violence” to include verbal, psychological, economic, and sexual abuses; and empowers officers to act on behalf of the victims instead of waiting for a formal complaint from the victim.

The government did not consistently enforce the law. According to women’s rights NGOs, police were not always effective in protecting domestic violence survivors to whom authorities had granted court protection orders. Authorities prosecuted crimes including assault, aggravated assault, threats, and blows under the criminal code, but law enforcement recordkeeping did not always indicate whether they were linked to domestic violence.

The law provides for protection and housing rights for victims, as well as counseling for the abuser; however, counseling for the abuser is not mandatory, and there were few shelters available to survivors. Anyone found guilty of violating a protection order may be given a monetary fine or first-time offenders may be imprisoned for up to one year. Under the law, the penalty is a substantial monetary fine and imprisonment not to exceed two years for a second offense and up to five years’ imprisonment for subsequent offenses. The government operated a mobile phone application, the Family Welfare App, to facilitate reporting of domestic violence and child abuse.

Sexual Harassment: The law prohibits sexual harassment, which is punishable by up to two years in prison, but sexual harassment continued to be a problem due to lax enforcement and because victims often did not believe filing a complaint would resolve anything. There were, however, an increasing number of women denouncing sexual harassment cases on social media platforms.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and to manage their reproductive health. They had access to the information and means to do so free from discrimination, coercion, or violence. No legal, social, or cultural barriers or government policies adversely affected access to contraception, and all types of contraception were available at retail stores, pharmacies, and hospitals. Individuals under the age of 18 required parental permission to access health services. Individuals were able to access contraception and skilled health attendance during pregnancy and childbirth, as well as free essential obstetric and postpartum care which the state provided free of charge in government-run hospitals. The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Men and women enjoy the same legal status and rights under the constitution and law. The courts upheld these rights. Nonetheless, cultural and societal barriers prevented women from fully exercising their legal rights.

Birth Registration: Children derive citizenship by birth within the country’s territory if one or both parents are citizens of the country. Authorities register births, and the law provides for late registration. Failure to register births resulted in denial of some public services.

Child Abuse: The law criminalizes certain acts compromising the health, security, or morality of a child, although the government was unable to ensure complete compliance, such as in child labor cases. NGOs asserted child abuse was more widespread than the government acknowledged publicly or than actually reported to authorities.

Child, Early, and Forced Marriage: The minimum legal marriage age for boys and girls is 16 with parental consent, but marriages of younger children have been reported in the past. There was, however, no minimum age for religious marriages, which advocates pointed to as a loophole which could endanger young girls vulnerable to forced marriage.

Sexual Exploitation of Children: The law prohibits child pornography and provides for a maximum penalty of 20 years’ imprisonment and a fine for each offense. The law prohibits all forms of child sex trafficking and provides for a maximum penalty of 30 years’ imprisonment. The minimum age for consensual sex is 16.

The government assisted victims of child abuse by offering counseling at a drop-in center in Port Louis and referring victims to government-supported NGO shelters. Both medical treatment and psychological support were available at public clinics and NGO centers.

Institutionalized Children: The law provides that a simple oath before a magistrate allows parents to have their children placed in the care of the Rehabilitation of Youth Center on the basis that they are “children beyond control.” Once admitted, the children, some as young as eight or nine, could remain in detention until they reached the age of 18. There were allegations that the 33 children held in the Correctional Youth Center did not have access to secondary education during their detention and imprisonment. Vocational training such as in plumbing or hairdressing was available at the correctional center on demand only after lengthy administrative procedures.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community consisted of approximately 120 persons, predominantly foreign residents. There were no reports of anti-Semitic acts during the year.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination in employment against persons with physical, sensory, intellectual, and mental disabilities. Authorities did not effectively enforce the law with respect to public conveyances. Many buildings also remained inaccessible to persons with disabilities despite a legal requirement for public buildings to be accessible for them. The law stipulates that persons with disabilities must constitute at least 3 percent of a workforce of 35 or more employees, but authorities did not effectively enforce these provisions.

The government implemented programs to provide persons with disabilities with access to information and communications, such as captions and sign language interpretation of news broadcasts. The state-run television station broadcast a weekly sign language news program for persons with hearing disabilities. The government did not restrict the right of persons with disabilities to vote or participate in civic activities, although lack of accessible transportation posed a barrier to some voters with disabilities. The government provided wheelchairs to make polling stations more accessible to persons with disabilities and elderly persons. Children with physical disabilities have the right to attend mainstream schools, but, according to students with disabilities and their parents, schools often turned them away because they could not be accommodated. There is a regulatory authority to address and advocate for individuals with special needs, including children. Children with mental disabilities attended separate schools that received minimal government funding.

Poverty continued to be more common among citizens of African descent (Creoles) than in any other community. There were increasing violent and racist comments on social media. For example police started an investigation after it learned of WhatsApp conversations where members of a Hindu group encouraged others to buy firearms because “Muslims had theirs at home.” Police arrested two persons and the investigation continued at year’s end.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not specifically criminalize consensual same-sex sexual activity. It criminalizes sodomy, however, for both same-sex and heterosexual couples. Authorities rarely used the sodomy statute against same-sex couples, unless one of the partners cited sodomy in the context of sexual assault.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) victims of verbal abuse or violence generally did not file complaints with police due to ostracism or, in some cases, fear of reprisal from family members. The law allows individuals who have had same-sex sexual activity to donate blood so long as they satisfy blood donation requirements, namely, not having had unprotected sex in the 12 months prior to the donation. There were unsubstantiated claims, however, that health officials still prevented LGBTI persons who engage in sodomy from donating blood. Unlike in previous years, there were no incidents or counterprotests during the Gay Pride march.

HIV and AIDS Social Stigma

The law provides that persons with HIV or AIDS should be free from stigmatization and discrimination. There were no pending cases of discrimination against such persons or their relatives.

The local NGO Aide Infos Liberte Soldarite (AILES) reported that authorities did not automatically grant HIV/AIDS patients social aid unless accompanied by a social worker to advocate their cases.

Rape and Domestic Violence: The law defines domestic violence as a criminal offense, provides for the punishment of perpetrators, defines mechanisms for obtaining restraining orders against abusive individuals, and extends protection to unmarried individuals and children of unmarried individuals. The law covers five forms of domestic violence–physical, psychological, sexual, economic, and spiritual. The maximum punishment for family violence offenses is 15 years’ imprisonment. The law also criminalizes rape, including spousal rape, or forcible sexual assault and establishes penalties for violations ranging from three years to life in prison. It requires, however, that the victim prove they were subjected to violence. Domestic violence resulting in “nonsignificant bodily harm” falls under the Contraventions Code, rather than the Criminal Code, and may be punished by a fine or community service.

The law provides for cooperation between government and civil society organizations, establishes victim protection as a human rights principle, and allows third parties to file complaints on behalf of victims. The international NGO La Strada operated a hotline to report domestic violence, offered victims psychological and legal aid, and provided victims options for follow-up assistance. The Women’s Law Center also offered legal, psychological, and social support to domestic violence victims. During the year 10 centers providing assistance to domestic violence victims were operational in the country. An additional two centers provided counselling and resocialization services to family aggressors.

In July parliament adopted legislation to improve reporting in domestic violence cases, streamline the victims’ referral system and the use of restriction orders, improve access to state-guaranteed legal assistance for domestic and sexual violence victims, and expand the use of electronic monitoring devices in domestic violence cases. Rape remained a problem, and there were no specific governmental rape prevention activities.

In its concluding observations on its sixth periodic report on the country in March, the Committee on the Elimination of Discrimination against Women noted concerns about the high prevalence of gender-based violence against women, including domestic violence and economic and psychosocial violence, and underreporting of gender-based violence against women, in particular domestic violence, due to fear of stigmatization and revictimization. The committee also noted limited financial compensation in gender-based violence cases, a lack of shelters and victims’ support services, including psychosocial counselling, legal assistance, and rehabilitation programs, particularly in rural areas and Transnistria.

Police reported a similar number of domestic violence criminal cases during the year with 1,409 cases registered in the first nine months, including 10 domestic violence cases that resulted in death. The General Police Inspectorate issued 3,205 restraining orders. From January to September, the courts issued 534 protection orders.

Police protection of victims and proper execution of protective orders improved slightly; the law requires that authorities issue protective orders within 24 hours. This provision was often not implemented, however, particularly for protection order requests filed on Fridays and examined by the courts the next Monday. A law adopted during the year authorizes the Ministry of Justice to expand the use of electronic devices for monitoring accused aggressors in domestic violence cases.

Police and human rights NGOs reported an increase in domestic violence complaints during the COVID-19 state of emergency and the subsequent state of public health emergency. From January through April, the General Police Inspectorate reported a 24 percent increase in the number of complaints of domestic violence received, and the Women’s Law Center reported that the number of calls to their domestic violence hotline doubled during the state of emergency. NGOs attributed the increase to domestic violence victims staying in isolation with their abusers for lengthy periods of time without the ability to seek assistance. From March 17 to May 31, the NGO La Strada’s Women and Girls’ Trust Line received 390 calls, including 247 complaints of domestic violence. During the state of emergency (March 17-May 15), shelters for domestic violence victims did not accept new applicants to reduce the risk of COVID-19 infections. Authorities did not take steps to provide placement for survivors. While police and courts established protection measures for victims of violence, in most cases a lack of coordination between members of local multidisciplinary teams (which are meant to bring together law enforcement, health professionals, social workers, spiritual leaders, and local public officials to assist victims) left victims without the resources and protections the courts intended to provide for them.

According to La Strada, the subject of sexual violence remained sensitive for the country. Societal attitudes affected the behavior and the reticence of sexual violence victims to report incidents. Sexual abusers frequently used information technologies to threaten, frighten, humiliate, or cause the victim not to report abuses to law enforcement agencies. Specialists responsible for intervening in sexual violence cases were affected by prejudice and stereotypes and sometimes contributed to the victimization of or discrimination against victims of sexual crimes. Media outlets sometimes reinforced stereotypes and contributed to social stigma in their reporting on cases of sexual violence.

In Transnistria domestic violence without “substantial bodily harm” (such as broken bones or a concussion) remains an administrative, rather than criminal, offense only punishable by a fine.

Sexual Harassment: Sexual harassment remained a problem. The law provides criminal penalties for sexual harassment ranging from a fine to a maximum of three years’ imprisonment. The law prohibits sexual advances that affect a person’s dignity or create an unpleasant, hostile, degrading, or humiliating environment in a workplace or educational institution. There are no criminal penalties or civil remedies for sexual harassment in employment. According to NGOs, law enforcement agencies steadily improved their handling of sexual harassment cases, addressing harassment of students by university professors and several instances of workplace harassment. Civil society groups, however, criticized the judicial system for displaying inadequate concern for the safety of victims and for not holding perpetrators accountable for their behavior.

According to an informative note on a January bill published by the Ministry of Health, Labor, and Social Protection calling for the review of national legislation on sexual harassment, one in five women in the country experience sexual harassment in the workplace. Similarly, a 2018 Partnership for Development Center survey concluded that one in five women reported being sexually harassed by a teacher. Societal attitudes and lack of interest from law enforcement discouraged victims from reporting instances of sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have the information and means to do so, free from discrimination, coercion, and violence. By law minors under the age of 16 must have permission from a parent or legal guardian to obtain reproductive health services; a medical provider may waive this requirement if the minor’s life or health are in danger.

The state provides contraception free of charge to citizens through primary care providers. Although minors have access to contraception without parental consent through a network of Youth-Friendly Health Centers, many are reluctant to request contraception from family doctors due to social stigma.

Victims of sexual violence have access to sexual and reproductive health services on the same basis as other citizens.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women and men enjoy the same legal status in family, labor, property, nationality, inheritance law, and in the judicial system. The law requires equal pay for equal work, which authorities generally respected. The law requires that women fill a minimum of 40 percent of decision-making positions in government and political offices; prohibits sexist and discriminatory language and images in the media and advertising; and spells out employers’ responsibilities in ensuring that workplaces are free of discrimination and sexual harassment. The law also establishes a minimum quota of 40 percent female representation on the electoral lists of political parties and sanctions for noncompliance. During the February 2019 parliamentary elections, 41.8 percent of candidates were women on the political parties’ electoral lists and over 25 percent of members of parliament were women. During the November presidential elections, only one woman ran for office. While launching his electoral campaign for the second round, incumbent president Igor Dodon made gender-based discriminatory statements against his political opponent in the runoff, Action and Solidarity Party leader Maia Sandu.

According to a report issued in February by the Union for HIV Prevention and Harm Reduction and Promo-LEX, female drug users, sex workers, and inmates were the most vulnerable to multiple risks, such as HIV or AIDS, human trafficking, harassment, and violence due to discrimination, criminalization, stigmatization, and exclusion from society. Despite such vulnerabilities authorities did not protect basic rights to health care and justice for women in these categories.

Discrimination with respect to employment, pay, and access to pension benefits persisted in the country (see section 7.d.).

Birth Registration: Persons may acquire citizenship through birth to a citizen parent, birth in the country to stateless persons, birth to parents who cannot transmit their citizenship to the child, or through adoption by citizen parents. Registration of birth is free of charge for all citizens. The lack of registration certificates for a number of children, especially in rural areas and in Romani families, remained a problem.

Education: Primary education was free and compulsory until the ninth grade. Education of Romani children remained a problem; only half of Romani children attended school and one in five attended preschool. According to Romani representatives, absenteeism and school dropout rates in Romani communities stemmed from poverty and fear of discrimination.

All schools, kindergartens, and other educational institutions closed and were replaced with online schooling during the COVID-19 state of emergency that began on March 17. While some schools had the necessary resources and human capacity to hold classes online, most educational institutions, particularly in rural areas, failed to provide proper education through the end of the academic year. At the start of the new academic year on September 1, there were 11 schools out of 1,252 that remained closed due to COVID-19 cases among teachers and students. An additional eight schools closed after the school year started. By September 14, there were over 200 COVID-19 cases in schools in Chisinau; 1,325 students and 57 teaching and technical staff from 21 educational institutions were quarantined and there were 35 active cases in kindergartens.

Child Abuse: Although the law prohibits child neglect and specific forms of abuse, such as forced begging, child abuse remained a problem. The Ministry of Health, Labor, and Social Protection has noted that social norms created a permissive environment for violence against children at home and at school.

The Ministry of Education, Culture, and Research reported 4,738 cases of violence against children in the first half of the 2019-20 academic year. Some 2,171 children reported physical violence and 1,316 children reported neglect, while there were 40 cases of labor exploitation and 17 of sexual abuse. Local public authorities failed to monitor all cases of abuse against children, claiming a lack of experts. The ombudsman for children’s rights stated that most child neglect cases were due to alcohol abuse in the family.

An April study by the Ministry of Education, Culture, and Research and the National Center for the Prevention of Child Abuse noted that children were exposed to more risks during the COVID-19 pandemic due to increased psychosocial stress, a sense of fear and panic generated by the pandemic, the suspension of school activity, infection with coronavirus or quarantine, access to and improper use of disinfectants and alcohol, their increased vulnerability to exploitation for child labor, social discrimination, and the limited availability of services for children with disabilities. Following the closure of schools and kindergartens, 32 children who were left home unsupervised died from accidents in the first six months of the year.

A special unit for minors in the Prosecutor General’s Office, the Juvenile Justice Unit, is responsible for ensuring that particular attention and expertise are devoted to child abuse victims and child offenders.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 16 for women and 18 for men. There were no official statistics regarding child marriages.

Child marriage was most common in Romani communities, where it was reportedly acceptable to marry off girls between the ages of 12 and 14. This either took the form of a forced marriage, whereby a girl is married off to an adult man against her will, or an arranged marriage, whereby “match makers” arranged for two children to be married in the future. In such cases marriage takes place without official documentation or registration. After marriage, girls commonly dropped out of school to take on household duties.

Sexual Exploitation of Children: The exploitation of a child in a commercial sex act is punishable by 10 to 12 years’ imprisonment. Authorities punished commercial sex with minors as statutory rape. The law prohibits the production, distribution, broadcasting, import, export, sale, exchange, use, or possession of child pornography, for which the punishment is one to three years’ imprisonment and fines. These laws were generally enforced. The minimum age for consensual sex is 16. The country is a destination for child sex tourism. According to the International Organization for Migration’s 2020 Violence against Children and Youth Survey report for Moldova, 7.6 percent of girls and 5.4 percent of boys between the ages of 13 and 17 experienced sexual violence in the previous year.

The Prosecutor’s Office to Combat Organized Crime and Special Cases is responsible for investigating and prosecuting child sexual abuse cases, and the Antitrafficking Bureau of the Prosecutor General’s Office is responsible for investigating and prosecuting child trafficking and child sexual exploitation. During the first 10 months of the year, law enforcement officials identified 42 victims of child online sexual exploitation, ranging in age from eight to 17 years old. La Strada’s Child Safeguarding Team registered 81 new cases of child sexual exploitation and sexual abuse that included 27 cases of child pornography, 21 cases of child trafficking for the purpose of sexual exploitation, and 33 cases of sexual abuse. Law enforcement bodies referred 63 cases for assistance.

Institutionalized Children: During the year the number of children placed in residential institutions decreased to 961, including 195 children with disabilities. The government also operated family-type homes, maternal centers, and daycare centers that provided various services for deinstitutionalized children, including children with disabilities. Another 26 mobile teams assisted over 840 beneficiaries across the country, including 485 children with disabilities. Children raised in residential institutions were at greater risk of unemployment, sexual exploitation, trafficking, and suicide as adults compared with their peers raised in families. According to human rights watchdogs and the ombudsperson for children’s rights, legal protective mechanisms to prevent recidivism and reinstitutionalization of homeless children were not functional during the year.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at HYPERLINK “” HYPERLINK “https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html”https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community numbered between 1,600 and 30,000 persons (depending on source and definition), including up to 2,000 living in Transnistria.

According to the Jewish community, anti-Semitic discourse, hate speech, and instigation to discrimination and violence against members of the Jewish community, especially on the internet, was a systemic problem. Publications related to the community’s activities were often followed by discriminatory comments or verbal insults that were not banned on such platforms, including blaming the Jewish community for the spread of COVID-19. Online security was another problem during the pandemic. In April the Jewish community reported a case of unauthorized individuals accessing an online Zoom session conducted by the community’s rabbi during a daily Torah lesson. The unknown perpetrators intimidated Zoom participants and posted insulting photographs and videos for several minutes.

The Jewish community reported two acts of vandalism during the year. Unknown individuals made an anti-Semitic inscription at an exhibit dedicated to the 20th anniversary of the Chisinau-Tel Aviv twin cities agreement. The community registered a complaint with police, and the case was pending at year’s end. In a second case, unknown individuals vandalized and drew anti-Semitic graffiti on 82 tombs at the Jewish cemetery in Chisinau. The Jewish community sent a complaint to the police and called on the authorities to adopt legal mechanisms that would prevent and punish Holocaust denial, the glorification of Nazi leaders or the use of Nazi symbols. The Chisinau police department opened a criminal case. According to the Jewish cemetery director, the perpetrators vandalized an unprecedented number of tombstones on the nights of October 30 through November 1. In reaction the Ministry of Education, Culture, and Research, which oversees the Jewish History Museum, which includes the Jewish cemetery, announced the installation of video surveillance equipment at the cemetery to prevent similar incidents in the future. In November the government also adopted amendments to the criminal code; strengthened sanctions for “acts of vandalism and desecration of tombs, monuments or places revered by persons belonging to various religious groups;” and imposed higher fines and imprisonment terms of up to four years. The Ministry of Foreign Affairs and European Integration condemned the acts of vandalism, noting “the destruction of Jewish gravestones and monuments is a barbaric attack not only on the memory of the Jews from the Republic of Moldova, but is also challenging the entire Moldovan society.”

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to public facilities, health services, or the provision of other government services, but authorities rarely enforced the law.

Investigation of degrading treatment of patients in psychoneurological institutions was deficient. In most cases prosecutors refused to investigate complaints submitted by patients, questioning the accuracy of allegations made by persons with mental disabilities. According to Promo-LEX, most prosecutors and investigators lacked technical skills to investigate acts of violence or torture in psychiatric institutions. Authorities also lacked a regulatory framework for the psychological assessment of victims of torture and inhuman or degrading treatment in psychiatric institutions.

During the first nine months of the year, members of the Council for Prevention of Torture, as part of the National Mechanism for the Prevention of Torture (NMPT), conducted preventive visits to residential institutions for persons with disabilities. The NMPT identified a number of problems in such institutions, including a shortage of personnel in most residential institutions, including of medical staff in institutions hosting persons with disabilities; verbal and physical abuse by personnel of persons with disabilities; involuntary confinement of patients; insufficient qualified staff at specialized institutions for children with disabilities; and lack of complaint mechanisms.

During its monitoring activities, the Moldovan Institute of Human Rights identified systemic deficiencies in psychiatric hospitals and temporary placement centers for persons with disabilities. Experts reported cases of forced medication without a legally mandated court order. Patients isolated in temporary placement centers reported the administration of psychotropic drugs without consent and mistreatment by personnel. The institute also found deficiencies in documentation, investigation, and management of cases involving persons with mental or psychosocial impairments by police, prosecutors, judges, and health service providers. While all institutions are required to document and report any unexplained injuries to the Anti-Torture Prosecutor’s Office, officials at the Codru Psychiatric Hospital reported no such cases during the year, despite IDOM monitors finding numerous patients with visible injuries during the course of their audit.

According to the Moldovan Institute of Human Rights, Balti Psychiatric Hospital lacked a separate ward for patients who committed crimes, leaving them to be housed and treated alongside civilly committed and voluntarily committed patients. Persons with different types of disabilities and widely different ages were sometimes lodged in the same rooms, and unjustified restrictive measures were sometimes applied. There was no separation of persons who were civilly committed as presenting a danger to themselves or others from those who voluntarily committed themselves in any of the country’s three psychiatric hospitals.

During the March 17 to May 15 state of emergency declared in response to the COVID-19 pandemic, all “closed institutions” including psychiatric hospitals and temporary placement centers for persons with disabilities (“social care centers”), suspended discharges, keeping patients and residents involuntarily confined. Visitors and outside monitors were also denied access to these facilities during the state of emergency “as a quarantine measure.” Independent monitors reported that stresses imposed on patients, residents, and staff by the quarantine measures led to an increase in mistreatment cases and hurt the mental health of patients and residents.

The law requires new construction and transportation companies’ vehicles to be accessible to persons with disabilities. Authorities implemented the provisions of the law only to a limited extent. While many newly built or reconstructed buildings were accessible, older buildings often were not. According to the disability rights NGO Motivation, more than 70 percent of public institutions lacked access ramps for persons with disabilities. Persons with mobility disabilities complained about the lack of access to public transportation and public institutions as well as the shortage of designated parking places. Despite some improvements during the year, city authorities and construction companies often disregarded legal requirements on accessibility for persons with mobility impairments.

An audit on the accessibility of polling stations conducted by the Central Electoral Commission and the UN Development Program in 2019 found that only 1 percent of 612 stations assessed were fully accessible for wheelchair-bound persons. Most polling stations had no ramps or accessible toilets, narrow entrances, and dark hallways, which led to many persons with disabilities requesting mobile ballot boxes. According to Central Election Commission data, there were 170,000 persons with disabilities of voting age. There were no measurable improvements to these metrics reported in the year.

The government continued the deinstitutionalization of persons with disabilities and provided alternative community-based services under the National Program of Deinstitutionalization of People with Intellectual and Psychosocial Disabilities from residential institutions for 2018-26. Deinstitutionalization was temporarily halted during the COVID-19 state of emergency from March 17 to May 15.

Human rights observers criticized the country’s guardianship system. A person placed under guardianship loses all standing before the law and cannot perform social and legal acts, such as marriage, voting, claiming social benefits, and consenting to or refusing medication. Most residential institutions lacked proper accommodation for persons with mobility impairments.

Most schools were poorly equipped to address the needs of children with disabilities. Some children with disabilities attended mainstream schools, while authorities placed others in segregated boarding schools, or they were home schooled. Although the law provides for equal employment opportunities and prohibits discrimination against persons with disabilities (with the exception of jobs requiring specific health standards), many employers either failed to provide accommodations or avoided employing persons with disabilities.

According to NGOs providing services for persons with mobility impairments, the COVID-19 pandemic negatively affected persons with disabilities, particularly those in wheelchairs. Authorities suspended the provision of most health-care rehabilitation and social services during the state of emergency and public health state of emergency, negatively affecting the physical and psychological condition of persons with disabilities.

In Transnistria the “law” provides for protection of the rights of persons with disabilities in the areas of education, health care, and employment. According to the latest 2019 report of the Transnistrian “ombudsman,” there were 17,121 persons with disabilities registered in Transnistria as of December 2019, including 1,304 children with disabilities (aged under 18 years old). The same report noted 188 patients as of October 2019 in the region’s only psychiatric institution in Vyhvatintsy village. Reliable information about the treatment of persons with disabilities in Transnistria was generally unavailable, but there were reports that children with disabilities rarely attended school and lacked access to specialized resources.

Roma continued to be one of the most vulnerable minority groups in the country and faced a higher risk of marginalization, underrepresentation in political decision making, illiteracy, and social prejudice. Roma had lower levels of education, more limited access to health care, and higher rates of unemployment than the general population (see section 7.d.). According to a study released during the year by the Partnership for Development Center, the employment rate among Roma was only 6.4 percent. The unemployment rate among the Romani community stood at 45 percent. Romani women were particularly vulnerable to social exclusion and discrimination.

Approximately 60 percent of Romani families lived in rural areas. Some Romani communities lacked running water, sanitation facilities, and heating. Other problems facing Roma included lack of emergency health-care services in secluded settlements, unfair or arbitrary treatment by health practitioners, and lower rates of health insurance coverage. Authorities lacked an effective mechanism to address vulnerable families whose children did not attend school.

According to a 2019 survey of 476 Romani women from 48 localities conducted by the Roma Women Network in Moldova, the most serious problems reported were limited access to education, the job market, medical services, and information about health and hygiene. The survey showed that only 36.6 percent of Romani women attended some form of state-guaranteed education, while 57.8 percent said they did not have an opportunity to continue their studies. About 84.7 percent of respondents were unemployed, and many of them alleged that they were subject to discrimination when trying to get a job. According to the survey, one-third of women reported discrimination when consulting a doctor; 70 percent of women reported not having access to information about health and hygiene. There were no measurable improvements to these metrics reported in during the year.

According to Romani leaders, the community faced a high rate of emigration and the state did not provide financing for Romani community mediators, as prescribed by law. A total of 54 Romani community mediators were active during the year. The government earmarked 3.5 million lei ($210,000) for Romani community mediators during the year, but its 2016-20 action plan for the community was unfunded.