Egypt

Section 2. Respect for Civil Liberties, Including:

The constitution provides for freedom of expression, including for the press, but includes a clause stating, “It may be subject to limited censorship in times of war or public mobilization.” The government frequently did not respect this right. Government failure to investigate or prosecute attacks on human rights defenders and peaceful protesters led to de facto restrictions on freedom of assembly and association. On June 10, a local human rights organization said authorities did not investigate police reports it filed after several attacks against its director between October and December 2019 that resulted in bodily injury to the director and theft of his car. On June 27, eight human rights organizations condemned a media attack against the director after he published a report on conditions in Gamassa Prison.

On February 16, the Supreme Council for Media Regulation issued executive regulations for the media law ratified in 2018. Among the regulations, newspapers are required to print their issues in Egypt at licensed printing houses registered with the council; news websites must host their servers in Egypt; newspapers must submit 20 copies of each printed issue to the council; and news websites and television outlets must keep copies all of published or broadcast material online for one year and submit a copy of their published or broadcast material to the council every month. The regulations also prohibit any recording, filming, or interviews in public places with the intention of broadcasting them on a media outlet without a permit issued by the council.

Freedom of Speech: Citizens expressed their views on a wide range of political and social topics. Nonetheless, the government investigated and prosecuted critics for alleged incitement of violence, insults to religion, insults to public figures and institutions such as the judiciary and the military, or violation of public morals.

Between March and July, authorities arrested at least seven doctors and charged them with membership in a banned group, spreading false news, and misuse of social media after they criticized the government’s response to COVID-19. Between October and December, three doctors were released pending investigation. The Doctors’ Syndicate protested the arrests and called for release of all the doctors. On October 1, the State Security Prosecution ordered the 15-day pretrial detention of prominent lawyer Tarek Jamil Saeed pending investigations of disturbing the peace, spreading rumors, and misusing social media after he criticized candidates for parliament. Saeed was released on bail on October 11.

On December 27, a criminal court ordered the release of housing-rights researcher Ibrahim Ezzedine with probationary measures. Ezzedine remained in detention until the end of the year. According to a local human rights organization, he was held without notice beginning in June 2019 after criticizing the government’s urban slums policies and appeared in November 2019 before the State Security Prosecution accused of joining a banned group and spreading false news.

A criminal court on September 13 renewed the 45-day pretrial detention of Mohamed Ramadan, who was arrested in 2018 for “inciting social unrest” after he posted a photograph of himself wearing a yellow vest akin to those worn by political protesters in France. After a court ordered Ramadan’s release on bail on December 2, the State Security Prosecution ordered him remanded into custody on December 8 on additional charges of joining a banned group based upon letters he sent while in detention.

The law provides a broad definition of terrorism, to include “any act harming national unity or social peace.” Human rights observers expressed concern that authorities used the ambiguous definition to stifle nonviolent speech and nonviolent opposition activity.

Between January and September, a local organization that tracks freedom of association and speech recorded 96 violations of the freedoms of media and artistic and digital expression. In June 2019 several political figures were arrested, including El-Aleimy and journalist Hossam Moanes, after they met to form the political Alliance of Hope to run in parliamentary elections. They remained in pretrial detention. On March 11, a misdemeanor court sentenced El-Aleimy to one year in prison for spreading false news and disturbing public peace as a result of a BBC interview in 2017. On April 18, a terrorism court added 13 defendants from the “Hope” case to the terrorism list, including former member of parliament and Social Democratic Party leader Ziyad El-Aleimy and activist Ramy Shaath, for alleged collaboration with the banned Muslim Brotherhood. On June 16, the Cairo Criminal Court turned down a challenge filed by Moanes against an August 2019 ruling to seize his money. On August 4, the Cairo Criminal Court upheld a freeze on the assets of 83 defendants in the case (No. 930/2019). On October 10, a criminal court ordered the release of four Alliance of Hope defendants, including activist Ahmed Tammam. On November 14, an administrative court heard the lawsuit filed by El-Aleimy to allow him to receive telephone calls and correspondence. Amnesty International reported he was being denied adequate health care by Tora Prison authorities even though his underlying medical conditions put him at particular risk if exposed to COVID-19.

On March 19, the State Security Prosecution ordered the release of 15 political figures in pretrial detention, including political science professor Hassan Nafaa and former president Sisi campaigner Hazem Abdel Azim. Nafaa was arrested in September 2019 with Hazem Hosni, spokesperson for Sami Anan’s 2018 presidential campaign, and journalist Khaled Dawoud. On December 27, a criminal court renewed Hosni’s and Dawoud’s pretrial detention for 45 days pending investigations of joining a banned group and spreading false news and ordered Hosni’s release. The State Security Prosecution ordered Hosni’s continued detention in a new case on November 4. On July 5, a criminal court overturned the public prosecutor’s 2019 decision to freeze Nafaa’s fixed assets and stayed the public prosecutor’s decision to seize his assets until the Supreme Constitutional Court rules on the constitutionality of Article 47 of the Antiterrorism Law.

On August 5, the writer and prominent leftist Sinai activist, Ashraf Ayoub, and his son Sherif, were detained in Arish city, North Sinai, and taken to an unknown location. According to a labor leader, Ayoub advocated for detainees. After 20 days, Ayoub appeared before the State Security Prosecution, which ordered his pretrial detention on charges of joining a terrorism group and spreading false news. According to local media, Ayoub’s son was released without charges in mid-August.

In May security forces arrested sports critic Awny Nafae while he was under government-imposed COVID-19 quarantine after returning from Saudi Arabia, according to local media. The arrest came after Nafae criticized the Ministry of Emigration for its handling of thousands of Egyptian nationals stranded abroad amid the COVID-19 pandemic. He was held in pretrial detention on charges of spreading false news, misusing social media, and participating in a terrorist group, but he was released in October.

Freedom of Press and Media, Including Online Media: Independent media expressed a variety of views but with significant restrictions. The constitution, penal code, and the media and publications law govern media issues. The government regulated the licensing of newspapers and controlled the printing and distribution of a majority of newspapers, including private newspapers. The law does not impose restrictions on newspaper ownership.

More than 20 state-owned media outlets broadly supported official state policy. The National Press Authority holds the power to appoint and dismiss editorial leadership of state-owned print outlets. The governmental Egyptian Radio and Television Union appointed the heads of state-owned radio and television channels. Both state-owned and private media (including television and online journalism) occasionally broadcast and published mild criticism of government policies, but dominant media narratives supported the president and his policy initiatives.

The law considers websites and social media accounts with at least 5,000 subscribers as media outlets, requires them to pay a licensing fee of EGP 50,000 ($3,030), and grants the Supreme Council for Media Regulation (Supreme Council) broad discretion to block their content.

According to media reports, on April 21, the Supreme Council fined the newspaper Al Masry Al Youm for an op-ed written by its founder Salah Diab under a pseudonym. The article suggested that Sinai should have one governor with expanded powers to better govern the entire peninsula. The Supreme Council ordered the newspaper to remove the op-ed, issue an apology, and suspend Diab’s opinion pieces for one month. On May 12, the Supreme Council ordered media not to publish or broadcast any material under pseudonyms without the approval of the Supreme Council.

On April 12, authorities arrested Mustafa Saqr, owner of the Business News company, and the State Security Prosecution detained him for 15 days pending investigations on charges of colluding with a terrorist, spreading false news, and misusing social media. His arrest came after he published an article that discussed the impact of COVID-19 on the economy.

As of December the Committee to Protect Journalists reported 27 journalists were imprisoned in the country.

During the year the government raided several newspapers, arrested employees, and released them shortly thereafter. On June 24, the security services arrested Noura Younis, editor in chief of the independent news website Al-Manassa and a former Washington Post correspondent. On June 26, authorities released Younis on bail pending trial on charges of creating a network account with the intent to commit a crime, possessing software without a license from the National Telecom Regulatory Authority, copyright infringement, and wrongfully profiting through the internet or telecommunication services.

On May 11, authorities arrested Al-Masry Al-Youm journalist Haitham Mahgoub, days after he published an article relating to the country’s response to COVID-19, according to media. Media reported that Mahgoub and his attorneys were not allowed to attend the June 7 hearing where the State Security Prosecution ordered his 15-day pretrial detention pending investigations of joining a banned group, financing a banned group, and spreading false news. Mahgoub was released on November 19 pending further investigation. On May 22, television stations broadcast confessions of four of 11 journalists and media workers whom the Interior Ministry claimed were part of a Muslim Brotherhood plot to produce false reports for al-Jazeera. Human rights lawyers challenged the confessions and their pretrial publication as illegal.

Violence and Harassment: According to media reports and local and international human rights groups, state actors arrested and imprisoned, harassed, and intimidated journalists. Foreign correspondents reported cases where the government denied them entry, deported them, and delayed or denied issuance of media credentials; some claimed these actions were part of a government campaign to intimidate foreign media.

On March 17, the State Information Service revoked the accreditation of a correspondent for the London-based Guardian newspaper, after it published a report addressing the spread of the COVID-19 in the country. On March 26, the Guardian reported that authorities forced the correspondent to leave the country.

On March 30, authorities ordered the detention of Mohamad Al-Eter, the Ultra Sawt website correspondent, for 15 days pending investigations. He was accused of joining a terrorist group, publishing false news, and misusing the online social networks. A court granted Al-Eter bail in May, and he was released on June 1 pending investigation.

According to Freedom House, multiple prominent digital activists and online journalists remained in prison. In many cases the individuals faced charges unrelated to their online activities, although their supporters argued they were arrested to prevent them from expressing their views. Spreading false news, affiliation with a terrorist or banned group, insulting the state, and inciting demonstrations were the prevailing allegations used to justify the arrest of human rights activists.

Censorship or Content Restrictions: Official censorship occurred. The state of emergency empowered the president to monitor newspapers, publications, editorials, drawings, and all means of expression and to order the seizure, confiscation, and closure of publications and print houses. The emergency law allows the president to censor information during a state of emergency.

In June the Supreme Council for Media Regulation stated that all media in any form had to use official sources to publish or broadcast any information about Libya, the Grand Ethiopian Renaissance Dam, the war against terrorism in Sinai, or COVID-19.

In June a media rights organization said that the government blocked thousands of websites, including 127 media websites.

The rising number of arrests for social media posts had a chilling effect on online speech. Some activists and many journalists reported privately they self-censored criticism of the government or comments that could be perceived as sympathetic to the Muslim Brotherhood, due to the overall anti-Muslim Brotherhood and progovernment media environment. Publishers were also wary of publishing books that criticized religious institutions, such as al-Azhar, or challenged Islamic doctrine. On August 15, the National Translation Center published its translation guidelines, including conditions that books it translates do not “oppose religion, social values, morals and customs.” According to media, professional writers and translators denounced the rules as a form of censorship. Online journalists were also reluctant to discuss sensitive topics such as sectarian tensions, sexuality, political detainees, military operations in the Sinai, and the military’s outsized role in the national economy.

Libel/Slander Laws: Local and international rights groups reported cases of authorities charging and convicting individuals with denigrating religion under the so-called blasphemy law, targeting primarily Christians but also Muslims. On June 21, the Alexandria Economic Misdemeanor Appeals Court upheld the February 27 three-year sentence against activist and blogger Anas Hassan for “insulting religion and misusing social media.” According to a local human rights organization, security forces arrested Hassan in August 2019 for his Facebook page “The Egyptian Atheists” that a police report stated contained atheistic ideas and criticism of the “divinely revealed religions.”

National Security: The law allows government censors to block the publication of information related to intelligence and national security.

The law imposes a fine on any person who “intentionally publishes…or spreads false news.” The fine is many times the average annual salary of most local journalists. In 2018 authorities established hotlines for members of the public to call or leave text messages reporting fake news in either traditional or social media that endangers state security.

On March 10, the prime minister instructed relevant authorities to take all necessary, legal measures against anyone who broadcasts false news, statements, or rumors regarding COVID-19. On March 28, the Public Prosecution affirmed in a statement that it would address such “fake news” stories according to the law.

On March 18, security forces arrested Atef Hasballah, editor in chief of Alkarar Press website, at his home in Aswan following a critical post on his Facebook page questioning official statistics on the spread of COVID-19 cases in the country. He appeared before the State Security Prosecution on April 14, which ordered his 15-day pretrial detention pending investigation.

A local independent human rights organization reported that journalist Basma Mostafa was detained for nine hours while covering a crowd of citizens waiting for a COVID-19 test at the Ministry of Health’s Central Laboratories in downtown Cairo. Media reported Mostafa was arrested on October 3 while covering the death of Luxor Governorate citizen Ewais al-Rawy (see section 1.a.) and ensuing protests; Mostafa was released on October 6.

On February 12, local media reported that the Supreme Council for Media Regulations sent a warning letter to 16 news websites and social network accounts concerning posting “false news” regarding a reported COVID-19 infection case in Tanta City. It also included a directive to ban publishing any information other than the Ministry of Health’s official data.

Judges may issue restraining orders to prevent media from covering court cases considered sensitive on national security grounds. Rights groups stated authorities sometimes misused the orders to shield government, police, or military officials from public scrutiny. Citing safety and security, the government and military restricted media access to many parts of North Sinai.

On March 11, authorities released, with probationary measures, blogger Islam al-Refai, known as Khorm, who ran a satirical Twitter account with 75,000 followers. He had been held in pretrial detention since 2017, according to his attorney. NGOs continued to claim that authorities used counterterrorism and state-of-emergency laws and courts unjustly to prosecute journalists, activists, lawyers, political party members, university professors, and critics for their peaceful criticism.

The constitution prohibits the government from “arbitrarily” interrupting, disconnecting, or depriving citizens seeking to use all forms of internet communications.

Telecommunications services and internet service providers are regulated by the National Telecommunications Regulatory Authority under the 2003 Telecommunication Regulation Law. The law does not guarantee the independence of the National Telecommunications Regulatory Authority. The government centralized the internet infrastructure and fiber-optic cables, allowing considerable state control over internet access, including restricting and disrupting user access and censoring online content. Law enforcement agencies restricted or disrupted individuals’ access to the internet, and the government monitored social media accounts and internet usage, relying on a law that only allows targeted interception of communications under judicial oversight for a limited period and does not permit indiscriminate mass surveillance. The public prosecutor prosecuted individuals accused of posting “insulting” material.

On August 25, a criminal court in a terrorism circuit sentenced in absentia the director of the Cairo Institute for Human Rights Studies, Bahey Eldin Hassan, to 15 years in prison for publishing false news and insulting the judiciary. In March Hassan, who lived abroad, learned that a criminal court in a separate case sentenced him in September 2019 in absentia to three years in prison on charges of spreading false news and tweeting phrases that undermined and discredited the judiciary. Hassan criticized the Public Prosecution on Twitter in 2018.

The counterterrorism law criminalizes the use of the internet to “promote ideas or beliefs that call for terrorist acts” or to “broadcast what is intended to mislead security authorities or influence the course of justice in relation to any terrorist crime.” The law also authorizes the public prosecutor and investigators to monitor and record online communications among suspects in terrorism cases for a period of 30 days, renewable in 30-day increments. The law does not specify a maximum period. On October 8, several UN human rights special rapporteurs in the UN Office of the High Commissioner for Human Rights stated the country was using “terrorism charges” and “terrorism circuit courts” “to target legitimate human rights activities,” silence dissent, and detain activists during the COVID-19 pandemic.

The cybercrime law states, “The relevant investigating authority may, when the evidence indicates that a website is broadcasting phrases, numbers, pictures, videos, or any promotional material, that constitutes one of the crimes enshrined in this law, and poses a threat to national security or endangers the security or economy of the country, order the blocking of the website.” The government issued implementing regulations for the law on August 27. On May 20, several local human rights organizations accused the government of restricting access to information during the COVID-19 pandemic.

Media reported that authorities arrested a group of women in June and July who posted videos on the TikTok social media app. On July 27, a Cairo Economic Court sentenced TikTok influencers Haneen Hossam and Mawada Eladhm and three others to two years in prison and fined each for “violating family values” based on the cybercrime law. An appeal was scheduled for January 10, 2021. On August 18, a criminal court upheld an administrative decision to freeze the assets of Hossam and Eladhm.

On August 6, authorities released TikTok influencer Manar Samy on bail pending an appeal. On September 19, a Tanta Economic Court upheld her sentence of three years in prison with hard labor for “inciting debauchery and violating family values” for content she posted on social media. Authorities also arrested members of Samy’s family for resisting authorities. On September 30, a Cairo Economic Court sentenced TikTok influencers Sherifa Rifaat, known as “Sherry Hanim,” and her daughter, Zumoroda, to six years in prison and fined each for assaulting family values and inciting prostitution. A court was scheduled to examine the appeal in January 2021.

There were reports the government temporarily blocked access to internet messaging applications.

The government attempted to disrupt the communications of terrorist groups operating in Sinai by cutting mobile services, internet, and sometimes landlines.

The law obliges internet service providers and mobile operators to allow government access to customer databases, allowing security forces to obtain information regarding activities of specific customers, which observers noted could lead to lack of online anonymity.

There were reports authorities monitored social media and internet dating sites to identify and arrest lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

On June 25, a local media rights organization reported that since May 2017 the state had blocked at least 547 websites, including at least 127 news websites. The blocked sites included international NGOs, local human rights NGOs, and numerous virtual private network services. Some blockages appeared intended to respond to critical coverage of the government or to disrupt antigovernment political activity or demonstrations. On April 9, authorities blocked the newly established Daarb website run by human rights defender Khaled al Balshy, one month after its launch.

In 2017 the news website Mada Masr sued the government seeking information on why it was blocked. In 2018 the Court of Administrative Justice referred the case for technical review by the Justice Ministry’s Authority of Experts. This review was pending at year’s end.

There were reports of government restrictions on academic freedom and cultural events. The removal of references to the country’s 2011 and 2013 revolutions from high school history class curricula continued after a 2017 decree from the Ministry of Education and Technical Education. According to media and local rights groups, a degree of self-censorship, like that reported by nonacademic commentators, existed when academics publicly commented on sensitive political and socioeconomic issues. University faculty members and Ministry of Education employees (including teachers) needed security agency approval to travel abroad for academic or professional purposes. Faculty and officials at public universities and research centers also must obtain Ministry of Foreign Affairs permission to travel abroad for any reason. Some public universities restricted campus visits of foreign speakers or delegations or required a faculty chaperone for delegations of university students traveling to the United States.

On May 8, authorities at the Cairo International Airport confiscated the passport of Walid Salem, a University of Washington doctoral student, preventing him from traveling. Authorities arrested Salem in May 2018 while he was conducting political science dissertation research on the Egyptian judiciary and released him in December 2018 with a travel ban and probationary measures pending trial. On February 22, the State Security Prosecution canceled the probationary measures and released him under guarantee of his place of residence.

There was censorship of cultural events. A prime ministerial decree issued in 2018 declares it unlawful to hold a special event or festival without “prior license from the Ministry of Culture and liaising with relevant state entities.” This requirement added to existing regulations, under which organizations must obtain a permit from the Ministry of Culture’s Censorship Board, as well as permits from the Interior Ministry and the relevant artists’ union for concerts, performances, and other cultural events. The Ministry of Culture must approve all scripts and final productions of plays and films. The ministry censored foreign films to be shown in theaters but did not censor the same films sold as DVDs.

On February 16, the Musicians Syndicate banned Mahraganat music, a popular street-music genre, in public and prohibited any dealings with Mahraganat singers without the syndicate’s permission. This decision came two days after a Cairo concert where Mahraganat singers used what the syndicate considered inappropriate words. A few hours after the decision, the Tourism Police prevented Omar Kamal from holding a concert in a Cairo hotel. The syndicate and the Department of Censorship of Artistic Works filed police reports against a number of Mahraganat singers.

The government restricted freedoms of peaceful assembly and association.

The constitution provides for freedom of assembly “according to notification regulated by law.” The demonstrations law includes an expansive list of prohibited activities, giving a judge the authority to prohibit or curtail planned demonstrations after submitting an official memorandum. Domestic and international human rights organizations asserted the law did not meet international standards regarding freedom of assembly. On January 18, an administrative court dismissed a lawsuit filed by a local human rights organization in 2017 challenging the law. A government-imposed exclusion zone prohibits protests within 2,600 feet (790 meters) of vital governmental institutions.

On March 22, President Sisi ratified amendments to the Prison Regulation Law, preventing the conditional release of those convicted of assembly crimes, among other crimes.

There were protests throughout the year, mostly small, and some occurred without government interference. In most cases the government rigorously enforced the law restricting demonstrations, in some instances using force, including in cases of small groups of protesters demonstrating peacefully.

On February 7, authorities detained Patrick George Zaki, a student at the University of Bologna, at the Cairo International Airport. Media reported he was beaten and subjected to electric shocks. On February 8, Zaki appeared before the prosecutor, who ordered his pretrial detention on charges of inciting individuals to protest in September 2019, spreading false news, promoting terrorism, and harming national security. A criminal court renewed his pretrial detention for 45 days on December 6.

On April 22, a local NGO reported that authorities released 3,633 of the 3,717 protesters detained after street demonstrations in September 2019. According to the report, approximately 1,680 defendants were released in 2019, approximately 1,983 were released in the first quarter of 2020, and an estimated 54 remained in detention. On February 5, the Al-Mokattam Emergency Misdemeanor Court ordered the acquittal of 102 individuals of charges of attacking the Mokattam police station in protest against the death in custody of Mohamed Abdel Hakim. Government investigators reported that Hakim had died from beatings by two police employees following his arrest in 2018.

On July 1, the Cassation Court reduced the prison sentence of a Central Security Forces officer, Yaseen Hatem, from 10 years to seven years for the death of activist Shaimaa el-Sabbagh. Hatem was convicted of wounding that led to the death and deliberately wounding other protesters during a 2015 protest marking the fourth anniversary of the January 25 revolution.

According to a local human rights organization, thousands of persons whom authorities arrested during 2013 and 2014 due to their participation in demonstrations (some of which were peaceful) remained imprisoned; however, authorities released others who had completed their sentences. Authorities reportedly held such individuals under charges of attending an unauthorized protest, incitement to violence, or “blocking roads.” Human rights groups claimed authorities inflated or used these charges solely to target individuals suspected of being members of groups in opposition to the government or those who sought to exercise the rights to free assembly or association.

On April 12, the State Security Prosecution ordered the release of 35 detainees on bail whom authorities had accused of spreading false news about COVID-19, some of whom had participated in a street march in Alexandria on March 23 after curfew, despite government restrictions on gatherings during the pandemic. On April 25, authorities released 20 detainees on bail who had participated in an April 23 street march after curfew in Alexandria to celebrate Ramadan and protest COVID-19.

On June 17, a local human rights organization filed an official complaint with the prosecutor general to release activist Mohamed Adel as he reached the two-year legal limit for pretrial detention since his June 2018 arrest on charges of violating the protest law. On December 21, State Security Prosecution ordered Adel’s detention for 15 days pending investigation in a new case on charges of joining and funding a terrorist group, meeting terrorist leaders in prison, and spreading false news. Reports indicated that in September more than 2,000 persons, including at least 70 younger than 18, were arrested in response to small demonstrations marking the first anniversary of the anticorruption protests of September 2019. On September 27, the Public Prosecution ordered the release of 68 of the 70 minors who had been arrested. In early November more than 400 persons arrested during the demonstrations were released from prison, and in early December approximately 67 additional individuals were also released.

The constitution provides for freedom of association. The law governing associations, however, significantly restricts this right.

A 2019 law governing NGOs eliminated prison sentences as penalties and removed formal oversight roles for security and intelligence authorities. It also required the government to issue executive regulations to clarify that NGOs will have exclusive access to and control of NGO funds as well as procedural protections, such as impartial administrative and judicial appeal mechanisms. On November 25, the cabinet approved the executive regulations. As of December 31, however, they had not been published in the official gazette.

The penal code criminalizes the request for or acceptance of foreign funds, materiel, weapons, ammunition, or “other things” from states or NGOs “with the intent to harm the national interest.” Those convicted may be sentenced to life in prison (or the death penalty in the case of public officials) for crimes committed during times of war or with “terrorist purpose.”

As of year’s end, lawyer Amr Emam remained in detention pending investigations on charges of colluding with a terrorist organization, publishing false news, and misusing social media to spread false information. Emam was arrested in October 2019 after he began a hunger strike and sit-in to protest the arrests, alleged abuse, and continued detention of journalist Esraa Abdel Fattah, activist Alaa Abdel Fattah, and lawyer Mohamed Elbakr. In late August Emam, along with Esraa Abdel Fattah and Mohamed Elbakr, was added to a new case on similar charges.

On September 6, after a criminal court ordered his release on August 26, the State Security Prosecution ordered the 15-day pretrial detention of Ibrahim Metwally Hegazy on new charges. This was the third case against Hegazy, a human rights lawyer and founder of the Association of the Families of the Disappeared, since his 2017 arrest at the Cairo International Airport while traveling to Geneva to participate in the UN Working Group on Enforced or Involuntary Disappearances.

The Muslim Brotherhood, the Muslim Brotherhood-affiliated Freedom and Justice Party, and its NGO remained illegal, and the Muslim Brotherhood was listed as a designated terrorist organization.

Authorities continued investigations of local NGOs that received foreign funding under a case originally brought in 2011. On July 18, the Cairo Criminal Court denied a motion to lift the travel bans imposed on 14 defendants in the case, including Nazra for Feminist Studies founder Mozn Hassan and others, accused of receiving foreign funding to harm national security in connection with her NGO. On December 5, an investigative judge dismissed criminal charges, including receiving foreign funding to harm the national interests, and lifted the travel bans and asset freezes against 20 domestic NGOs involved in the 2011 case.

A court case brought by el-Nadeem Center for the Rehabilitation of Victims of Violence (also registered under the name el-Nadeem for Psychological Rehabilitation) challenging a 2016 closure order remained pending an expert report ordered by the court. The organization asserted the closure was politically motivated, targeting el-Nadeem because of its work investigating torture, deaths in detention, and impunity for these crimes. The organization continued to operate in a limited capacity.

In November Mohamed Basheer, Karim Ennarah, and executive director Gasser Abdel Razek of the Egyptian Initiative for Personal Rights were arrested on charges of “joining a terror group” and “spreading false news.” On December 3, authorities released the three pending investigation. On December 6, the Third Terrorism Circuit Court ordered a temporary freeze on the personal assets of the three employees.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, albeit with some exceptions, including the handling of potential refugees and asylum seekers.

In-country Movement: Citizens and foreigners may not travel freely in areas of the country designated as military zones. The government sought to prevent private individuals, journalists, civil society figures, and international organizations from entering North Sinai on safety grounds.

Foreign Travel: The constitution states, “No citizen may be prevented from leaving the State territory.” Nonetheless, men who have not completed compulsory military service and have not obtained an exemption may not travel abroad or emigrate. National identification cards indicated completion of military service.

Authorities required citizens between ages 18 and 40 to obtain permission from the Interior Ministry to travel to 16 countries: Georgia, Guinea, Indonesia, Iraq, Jordan, Lebanon, Libya, Malaysia, Qatar, South Africa, South Korea, Sudan, Syria, Thailand, Turkey, and Yemen. Enforcement of these regulations was sporadic. The government stated it intended these regulations to make it more difficult for citizens to join terrorist groups and to stop flight of criminals. These regulations also affected the ability of other individuals to travel outside the country. Authorities maintained a “no-fly” list that prevented some defendants in court cases from fleeing the country.

The government-imposed travel bans on human rights defenders and political activists under investigation or formally charged. Local human rights groups maintained that authorities used travel bans to intimidate and silence human rights defenders. A 2018 court ruling stated a travel ban “does not require the investigation of certain facts and their certainty,” but there must be “serious evidence that there are reasons for it and that the decision to prevent travel is due to security reasons and the interests of the state.”

Democracy activist Esraa Abdel Fattah remained unable to depart the country because of a travel ban (see section 1.c. regarding her arrest).

Exile: There was no government-imposed exile, and the constitution prohibits the government from expelling citizens or banning citizens from returning to the country. Some Mubarak- and Morsi-era politicians lived outside the country by choice and stated they faced government threats of prosecution.

On June 6, the Supreme Administrative Court ruled the Ministry of Foreign Affairs did not have to renew the passport of Ayman Nour, the president of the opposition New Ghad Party who was living abroad. Nour filed the lawsuit when the ministry refused to renew his passport at the Egyptian consulates in Turkey and Lebanon.

Not Applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Media, NGOs, and UNHCR staff reported multiple cases of attacks against refugees, particularly women and children. According to UNHCR, refugees sometimes reported harassment, sexual harassment, and discrimination. Refugee women and girls, particularly sub-Saharan Africans, faced the greatest risk of societal, sexual, and gender-based violence.

According to UNHCR and press reports, police security sweeps increased in neighborhoods known to house Syrian, Sudanese, and other African refugees, as well as migrants, resulting in increased detentions. Detainees reported authorities subjected them to verbal abuse and poor detention conditions.

Refoulement: Although the government often contacted UNHCR upon detaining unregistered migrants and asylum seekers, authorities reportedly sometimes encouraged unregistered detainees to choose to return to their countries of origin or a neighboring country to avoid continued detention, even in cases where the individuals expressed a fear of return. The number of these cases was unknown.

On January 8, the Supreme Administrative Court made a final ruling that the government could not extradite to Libya six former Libyan officials who were part of the government of former president Muammar Gaddafi. The court stated that according to domestic and international law, they were entitled to protection in Egypt.

UNHCR protested the government’s November 2019 deportation of a Yemeni asylee to Yemen. According to UNHCR, the asylee was arrested in August 2019 in Egypt for his alleged conversion from Islam to Christianity and subsequent proselytizing activities.

Access to Asylum: The constitution provides for the protection of political refugees, but the law does not provide for granting asylum or refugee status, and the government has not established a comprehensive legal regime for providing protection to refugees. The government granted UNHCR authority to make refugee status determinations. UNHCR does not register Libyan citizens; neither does it register or assist Palestinian refugees in the country.

According to UNHCR as of March, asylum seekers in the country came mainly from Syria, as well as from Eritrea, Ethiopia, Iraq, South Sudan, Sudan, and Yemen.

In 2013 the government began applying a system of visa and security clearance requirements for Syrian nationals and Palestinian refugees from Syria, thus assuring no direct entries from Syria, since Egypt lacked consular services there. Following the UNHCR’s visit in 2017, the country relaxed its visa requirements for Syrians seeking family reunification.

Reports of irregular movements of individuals, including asylum seekers, and detention of foreign nationals attempting to depart the country irregularly via the Mediterranean, remained low during the year, according to UNHCR, following enactment and enforcement of a law dramatically increasing patrols on the country’s Mediterranean coast in 2016.

UNHCR and its partners usually had regular access, by request, to detained registered refugees and asylum seekers along the north coast. Local rights groups faced continued resistance from the government when trying to interview detainees at Qanater men’s and women’s prisons outside Cairo, which housed most detained refugees and asylum seekers. Authorities generally granted UNHCR access to asylum seekers at all prison and detention facilities. Authorities generally released asylum seekers registered with UNHCR, although frequently not detained migrants, many of whom were Eritrean, Ethiopian, Somali, and Sudanese (who may have had a basis for asylum claims). Authorities often held detained migrants as unregistered asylum seekers in police stations until UNHCR or other aid agencies assisted them, although sometimes authorities sent some to regular prisons alongside convicted criminals or deported them.

The government has never recognized UNHCR’s mandate to offer services to Palestinians outside of the fields of operations of the UN Relief and Works Agency, reportedly due to a belief that allowing UNHCR registration would negate Palestinian refugees’ alleged right of return. Approximately 2,900 Palestinian refugees from Syria were also present in the country, the majority reportedly in Cairo. The Palestinian Authority mission in the country provided limited assistance to this population. The Swiss Red Cross also provided some humanitarian assistance to Palestinian refugees from Syria.

Employment: No law grants or prohibits refugees the right to work. Those seeking unauthorized employment were challenged by lack of jobs and societal discrimination, particularly against sub-Saharan Africans. Refugees who found work took low-paying jobs in the informal market, such as domestic servants, and were vulnerable to financial and sexual exploitation by employers.

Access to Basic Services: Refugees, in particular non-Arabic-speaking refugees from sub-Saharan Africa, received limited access to some services, including health care and public education. The Interior Ministry restricted access for some international organizations seeking to assist migrants and refugees in Sinai. UNHCR was unaware of any migrants detained in Sinai since 2016. UNHCR provided some refugees with modest support for education and health care, as well as small monthly financial assistance grants for particularly vulnerable refugees. The International Organization for Migration provided additional assistance to particularly vulnerable migrants and individual asylum cases that were either rejected or being processed by UNHCR.

Refugee children not enrolled in public schools mainly attended refugee-run schools or private schools, or they were home schooled. The law requires government hospitals to provide free emergency medical care to refugees, but many hospitals did not have adequate resources to do so. In some cases hospitals insisted that refugees provide payment in advance of receiving services or refused to provide services to refugees. One local refugee agency reported some refugees died due to the lack of medical care.

Of the eight stateless persons known to UNHCR, most were Armenians displaced for more than 50 years. According to a local civil society organization, the number of stateless persons in the country was likely higher than the number recorded by UNHCR. The government and UNHCR lacked a mechanism for identifying stateless persons, including those of disputed Sudanese/South Sudanese nationality and those of disputed Ethiopian/Eritrean nationality. A majority of the approximately 70,000 Palestinian refugees were stateless.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, prescribing penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal. The government improved its enforcement of the law. Civil society organizations reported instances of police pressuring victims not to pursue charges.

On July 4, authorities arrested Ahmed Bassam Zaki after more than 50 women accused him online of rape, sexual assault, and harassment dating back to 2016. On July 8, the prosecution ordered his pretrial detention for 15 days pending investigations on charges that included attempted rape and sexual assault. Zaki faced charges of statutory rape, sexual harassment, and blackmail in an October 10 trial session; the court was scheduled to reconvene in January 2021. On December 29, the Cairo Economic Court convicted Zaki of misuse of social media and using social media for sexual assault and sentenced him to three years’ imprisonment with labor. These allegations gave rise to what media referred to as Egypt’s #MeToo movement.

On July 21, a Qena criminal court sentenced three defendants to death after convicting them of kidnapping and raping a young woman from Farshout in Qena Governorate in 2018. A local NGO said on July 22 that the victim received threats from the families of the defendants hours after the verdict was issued and after she discussed the rape on television two weeks prior to the ruling.

On July 31, media reported that the administrator of the Instagram and Twitter accounts “Assault Police,” which had almost 200,000 followers, deactivated the accounts after it received death threats following postings about various alleged gang rapes. Local media reported the account also referred allegations against Ahmed Bassam Zaki to authorities and the National Council for Women.

On August 4, the National Council for Women forwarded a complaint to the public prosecutor from a woman who alleged she was sexually assaulted by multiple men at the Fairmont Nile City hotel in 2014. The complaint included testimony about the incident in which a group of men allegedly drugged, raped, and filmed the victim after a social event. According to social media, the men signed their initials on her body and used the film as a “trophy” and blackmail. On August 24, the public prosecutor ordered the arrests of nine men allegedly involved in the case, most of them sons of prominent businesspeople. According to media, as of September 2, authorities arrested five suspects in Egypt and three in Lebanon, who were extradited to Egypt. Media reported that in late August state security arrested a man and three women who were witnesses to the alleged rape and two of the witnesses’ acquaintances. The prosecutor general charged all six in a separate case with violating laws on drug use, “morality,” and “debauchery;” the prosecutor general ordered the release on bail of three of the six on August 31 and was pressing charges.

Domestic violence was a significant problem. The law does not prohibit domestic violence or spousal abuse, but authorities may apply provisions relating to assault with accompanying penalties. The law requires that an assault victim produce multiple eyewitnesses, a difficult condition for domestic abuse victims. Police often treated domestic violence as a family issue rather than a criminal matter.

The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The National Council for Women (NCW) was responsible for coordinating government and civil society efforts to empower women. In 2015 the NCW launched a five-year National Strategy to Combat Violence against Women with four strategic objectives: prevention, protection, intervention, and prosecution. An NCW study found that approximately 1.5 million women reported domestic violence each year. A 2015 Egypt Economic Cost of Gender-based Violence Survey reported that 5.6 million women experience violence at the hands of their husbands or fiances each year. After the start of the country’s #MeToo movement, the NCW coordinated with women’s rights organizations and the Prosecutor General’s Office to help women who disclosed they were victims of sexual harassment.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but it remained a serious problem. According to international and local observers, the government did not effectively enforce the FGM/C law. In May 2019 the government formed a national task force to end FGM/C, led by the NCW and the National Council for Childhood and Motherhood (NCCM). On June 13, the NCCM stated that 82 percent of FGM crimes were carried out by doctors.

On January 20, a Sohag criminal court sentenced a doctor who conducted FGM/C surgery on a girl in Sohag Governorate in 2018 and the father of the girl to one year in prison; it ruled to suspend implementation of the sentence unless the doctor committed the crime again within the next three years. On August 6, the Administrative Prosecution referred the doctor, who directed a government clinic in Sohag Governorate, to administrative trial for committing FGM/C. One local human rights organization welcomed this disciplinary proceeding and criticized the legal discretion given to the judiciary in sentencing FGM/C cases. The circumcision resulted in severe bleeding and caused the girl permanent disability that forced her to stay in a Sohag hospital for more than a year.

In late January Nada Hassan, a 12-year-old girl, died from FGM/C in Assiut. Authorities arrested the doctor who performed the FGM/C, the parents, and an aunt. On February 6, a court in Assiut released the parents and aunt on guarantee of their residence pending trial and released the doctor on bail pending trial. The public prosecutor summoned the doctor and redetained him on February 20 and referred the case to trial on February 22. The Assuit Criminal Court scheduled a review of the case on October 28, but further developments were not made public. On June 3, the Public Prosecution stated that after a forensic analysis confirmed FGM/C occurred on three minor girls in Sohag Province, it charged a doctor with performing the procedure and the father of the girls for assisting in the crime. The statement also said the father had told the girls that the doctor was going to vaccinate them for COVID-19. According to media reports, the children’s mother reported the crime on May 31 to police. On July 12, a Sohag court sentenced the doctor to three years in prison and the father to one year in prison.

A 2016 amendment to the law designated FGM/C a felony, as opposed to a misdemeanor as it was previously, and assigned penalties for conviction of five to seven years’ imprisonment for practitioners who perform the procedure, or 15 years if the practice led to death or “permanent deformity.” The law granted exceptions in cases of “medical necessity,” which rights groups and subject matter experts identified as a problematic loophole that allowed the practice to continue. After Hassan’s death and the case of the three Sohag girls, the Ministry of Health and Population, National Council for Population, NCCM, National Council for Women, Prosecutor General’s Office, and local NGOs worked together successfully to eliminate the loophole and raise awareness of the crime.

Other Harmful Traditional Practices: The law does not specifically address “honor” crimes, which authorities treated as any other crime. There were no reliable statistics regarding the incidence of killings and assaults motivated by “honor,” but local observers stated such killings occurred, particularly in rural areas. Local media, especially in Upper Egypt, occasionally reported on incidents where fathers or brothers killed their daughters and sisters in alleged “honor killings” after they discovered they had premarital or extramarital relationships.

Sexual Harassment: Sexual harassment remained a serious problem. The government claimed it prioritized efforts to address sexual harassment. The penal code defines sexual harassment as a crime, with penalties including fines and sentences of six months’ to five years’ imprisonment if convicted. Media and NGOs reported sexual harassment by police was also a problem, and the potential for further harassment further discouraged women from filing complaints. In September the president ratified a penal code amendment to strengthen protection of the identities of victims of harassment, rape, and assault during court cases.

On January 29, a Giza court ordered a daily newspaper to pay financial compensation to journalist May al-Shamy for dismissing her wrongfully in 2018 after she complained of sexual harassment in the workplace.

On February 9, the Supreme Administrative Court issued a final ruling dismissing a teacher after he was convicted of sexual harassment of 120 elementary school students in Alexandria Governorate in 2013. The teacher had been dismissed in 2013 by the school where he was working.

According to local press, a Qena criminal court on July 11 sentenced a man to 15 years in prison for sexually assaulting a woman in February. The verdict remained subject to appeal.

On July 18, the Coptic Orthodox Church announced that Pope Tawadros II decided to defrock priest Rewiess Aziz Khalil of the Diocese of Minya and Abu Qurqas, following allegations of sexual abuse and pedophilia leveled by Coptic Christians in North America where the priest had lived on a foreign assignment.

Reproductive Rights: The law recognizes the basic right of married couples to decide the number, spacing, and timing of their children, and it enables individuals to have access to the information and means to do so free from coercion or violence. The Ministry of Health and Population distributed contraceptive materials and assigned personnel to attend births, offer postpartum care to mothers and children, and provide treatment for sexually transmitted diseases at minimal or no cost. The government also did not restrict family-planning decisions. Gender norms and social, cultural, economic, and religious barriers inhibited some women’s ability to make reproductive decisions, to access contraceptives, and to attain full reproductive health. Some women lacked access to information on reproductive health, and the limited availability of female healthcare providers impacted access to skilled health attendance during pregnancy and childbirth, given the preference many women had for female healthcare providers for social and religious reasons.

According to the World Health Organization’s 2020 World Health Statistics report, the country’s maternal mortality ratio is 37/100,000 births, the proportion of births attended by skilled health personnel is 90 percent, the adolescent birth rate is 51.8/1,000 aged 15-19, and the proportion of women of reproductive age who have their need for family planning met with modern methods is 80 percent. Although on the decline, female genital mutilation/cutting (FGM/C) continues to be widely practiced. In 2015, 87 percent of girls and women aged 15 to 49 had undergone FGM/C, according to the 2015 Egypt Health Issues Survey. The prevalence, however, is reportedly much higher among older age groups. FGM/C third grade (infibulation) is more prevalent in the South (Aswan and Nubia), and this, in some cases, has been associated with difficulty in giving birth, obstructed labor, and higher rates of neonatal mortality. The government enlisted the support of religious leaders to combat cultural acceptance of FGM/C and encourage family planning.

There was no information on government assistance to survivors of sexual assault.

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 male and female citizens. Women did not enjoy the same legal rights and opportunities as men, and discrimination was widespread. Aspects of the law and traditional societal practices disadvantaged women in family, social, and economic life.

Women faced widespread societal discrimination, threats to their physical security, and workplace bias in favor of men that hindered their social and economic advancement.

Laws affecting marriage and personal status generally corresponded to an individual’s religious group. A female Muslim citizen cannot legally marry a non-Muslim man. If she were to do so, authorities could charge her with adultery and consider her children illegitimate. Under the government’s interpretation of Islamic law, any children from such a marriage could be placed in the custody of a male Muslim guardian. Khula divorce allows a Muslim woman to obtain a divorce without her husband’s consent, provided she forgoes all her financial rights, including alimony, dowry, and other benefits. The Coptic Orthodox Church permits divorce only in rare circumstances, such as adultery or conversion of one spouse to another religion. Other Christian churches permitted divorce on a case-by-case basis.

On February 4, President Sisi approved harsher penalties in the penal code for divorced men who avoid paying spousal and child support.

The law follows sharia in matters of inheritance; therefore, a Muslim female heir generally receives one-half the amount of a male heir’s inheritance, and Christian widows of Muslims have no inheritance rights. A sole Muslim female heir receives one-half her parents’ estate, and the balance goes to the siblings of the parents or the children of the siblings if the siblings are deceased. A sole male heir inherits his parents’ entire estate.

In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually the woman accomplishes credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise.

Labor laws provide for equal rates of pay for equal work for men and women in the public but not the private sector. Educated women had employment opportunities, but social pressure against women pursuing a career was strong. Large sectors of the economy controlled by the military excluded women from high-level positions.

Children

Birth Registration: Children derive citizenship through their parents. The mother or the father transmits citizenship and nationality. The government attempted to register all births soon after birth, but some citizens in remote and tribal areas such as the Sinai Peninsula registered births late or could not document their citizenship. In some cases, failure to register resulted in denial of public services, particularly in urban areas where most services required presentation of a national identification card.

Education: Education is compulsory, free, and universal until the ninth grade. The law provides this benefit to stateless persons and refugees. Public schools enrolled Syrian refugees, but they largely excluded refugees of other nationalities.

Child Abuse: The constitution stipulates the government shall protect children from all forms of violence, abuse, mistreatment, and commercial and sexual exploitation. According to a local rights group, authorities recorded hundreds of cases of alleged child abuse each month. The NCCM worked on child abuse issues, and several civil society organizations assisted runaway and abandoned children.

Rights organizations reported children faced mistreatment in detention, including torture, sharing cells with adults, denial of their right to counsel, and authorities’ failure to notify their families. In March Human Rights Watch reported that security forces arrested a 14-year-old boy for protesting in 2016, used electric shocks on sensitive parts of his body, suspended him from his arms until it dislocated his shoulders and left him without medical care for three days, and sentenced him to 10 years in prison for participating in an antigovernment protest.

Child, Early, and Forced Marriage: The legal age of marriage is 18. On January 30, the NCCM announced it had stopped 659 cases of child marriage in 2019. A government study published on March 17 reported that 2.5 percent of the population in Upper Egypt governorates were married between the ages of 15 and 17, and the percentage of females in that age group who had previously been married exceeded that of males. On February 23, the deputy minister of health and population affairs stated there were 230,000 newborns as a result of early marriage in various governorates across the country. Informal marriages could lead to contested paternity and leave minor females without alimony and other claims available to women with registered marriages. Families reportedly sometimes forced adolescent girls to marry wealthy foreign men in what were known locally as “tourism” or “summer” marriages for the purpose of sexual exploitation, prostitution, or forced labor. According to the law, a foreign man who wants to marry an Egyptian woman more than 25 years younger than he is must pay her EGP 50,000 ($3,030). Women’s rights organizations argued that allowing foreign men to pay a fine to marry much younger women represented a form of trafficking and encouragement of child marriage. They called on the government to eliminate the system altogether. The NCCM’s antitrafficking unit is responsible for raising awareness of the problem.

On January 4, the Supreme Administrative Court upheld a lower court ruling to dismiss an imam and preacher in the village of Mit Habib in Samanoud, Gharbeya, for administering the marriage of a minor girl and a minor boy in violation of the law. He had administered several urfi (unregistered) marriages of underage girls under the pretext that the practice is “lawful” in Islamic law. The court ruled that urfi marriages of minors is a violation of children’s rights and an attack on children and young girls, calling the practice of child marriage inconsistent with efforts to protect and promote women’s rights. On February 14, security forces arrested a criminal network engaged in the sale of minors in Giza Governorate. According to local media, the gang sold girls for marriage to wealthy Arabs for a large fee, exploiting their families’ financial need. On December 10, the Public Prosecution referred the case to the Criminal Court.

On March 10, the NCCM’s Child Protection Committee at the Akhmeem Center in Sohag announced it stopped an early marriage of a minor in the village of Al-Sawamah Sharq after receiving a report that a person was preparing to marry off his 16-year-old sister.

Sexual Exploitation of Children: The law provides for sentences of not less than five years’ imprisonment and fines for conviction of commercial sexual exploitation of children and child pornography. The government did not adequately enforce the law. The minimum age for consensual sex is age 18.

On May 26, security forces detained Menna Abd El-Aziz, a minor, after she said in a social media video that an acquaintance and others had sexually assaulted her. On May 31, the prosecution ordered Abd El-Aziz’s detention pending investigations on charges of inciting debauchery and forging an online account. On June 9, the prosecutor general confirmed Abd El-Aziz had been assaulted, beaten, and injured and ordered her pretrial detention in one of the Ministry of Social Solidarity’s shelters for women. On July 26, the prosecutor general referred Abd El-Aziz and six other defendants to criminal court. According to her lawyers, Abd El-Aziz was released on September 17. The individuals she accused were charged in a separate case with sexual abuse and violating the sanctity of a minor’s private life.

On August 29, the public prosecutor ordered the detention of a cook whom authorities had arrested the same day on charges of sexually assaulting underage girls at the orphanage where he worked. On September 26, the Public Prosecution ordered the detention of a teacher pending investigations on charges of sexually assaulting two children in the Khalifa district.

Displaced Children: The Central Agency for Public Mobilization and Statistics and the NCCM estimated there were 1,600 street children, while civil society organizations estimated the number to be in the millions. The ministry offered shelters to street children, but many chose not to use them because staff reportedly treated the children as if they were criminals, according to local rights groups. According to rights groups, the incidence of violence, prostitution, and drug dealing in these shelters was high. Religious institutions and NGOs provided services for street children, including meals, clothing, and literacy classes. The Ministry of Health and Population provided mobile health clinics staffed by nurses and social workers. The Ministry of Social Solidarity also provided 17 mobile units in 10 governorates, offering emergency services, including food and health care, to 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.

The country’s Jewish community reportedly numbered fewer than 10 individuals. In January the government publicly celebrated the history of Jews in Egypt with the reopening of a historic synagogue in Alexandria following completion of its restoration.

On February 25, the Anti-Defamation League called on the government to remove anti-Semitic books from the Cairo International Book Fair.

In April, Israel condemned an Egyptian television series called The End, which depicted the future destruction of Israel in a science fiction film.

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

The constitution states persons with disabilities are equal without discrimination before the law. The law prohibits discrimination in education, employment, health, political activity, rehabilitation, training, and legal protection.

The law provides for persons with disabilities to gain access to vocational training and employment. Government policy sets a quota for employing persons with disabilities of 5 percent of workers with disabilities for companies with more than 50 employees. Authorities did not enforce the quota requirement, and companies often had persons with disabilities on their payroll to meet the quota without employing them. Government-operated treatment centers for persons with disabilities, especially children, were of poor quality.

A 2019 law establishes the National Council for People with Disabilities (NCPD), an independent body that aims to promote, develop, and protect the rights of persons with disabilities and their constitutional dignity. The council signed a cooperation protocol with the Justice Ministry to guarantee the rights of persons with disabilities and to train employees in the government on how to help those with hearing impairments.

Persons with disabilities rode government-owned mass transit buses without charge, but the buses were not wheelchair accessible. Persons with disabilities received subsidies to purchase household products, wheelchairs, and prosthetic devices. Some children with disabilities attended schools with their nondisabled peers while others attended segregated schools. Some of the segregated institutions were informal schools run by NGOs. Some parents of children with disabilities complained on social media of the lack of experience of teacher assistants assigned to help their children.

On January 11, President Sisi directed the government to increase its support to persons with special needs. On April 28, the NCPD general secretary complained to the Human Rights Department of the Prosecutor General’s Office about a reality television broadcast where one participant presented himself as having intellectual disabilities in order to elicit reactions from other participants.

On June 29, the prosecutor general ordered reconsideration of the acquittal of a minor who had allegedly raped an autistic child in late January.

During the Senate and House of Representatives elections, polling stations provided wheelchairs for persons with walking disabilities.

The law prohibits discrimination on any grounds. Nevertheless, dark-skinned Egyptians and sub-Saharan Africans faced discrimination and harassment, as did Nubians from Upper Egypt.

On July 3, the prosecutor general ordered the detention of two suspects pending investigations on charges of insulting a Sudanese child, violating his personal life, violating Egyptian social values, theft, physical abuse, and discrimination based on national origin. The Prosecutor General’s Office stated the two suspects had beaten the child, stolen his property, and filmed him to post the video on social media. On July 25, the Imbaba misdemeanor court sentenced two defendants in a bullying case to two years in prison with labor and a fine. On September 5, President Sisi ratified amendments to the penal code to criminalize bullying. The new law criminalizes disparaging someone else’s race, gender, religion, physical attributes, social status, health, or mental condition with up to six months in prison a fine, or both.

According to the constitution, the state should make efforts to return Nubians to their original territories and develop such territories within 10 years of the constitution’s 2014 ratification.

On January 20, the prime minister presided over a ceremony granting compensation to Nubians in Aswan Governorate who were displaced by the construction of the two Aswan dams decades ago. The ministers of social solidarity and of culture and of housing attended the event. In his speech, the prime minister noted recent major development projects in Upper Egypt, including improvements to roads, electricity, housing, drinking water, sanitation, education, and health.

While the law does not explicitly criminalize consensual same-sex sexual activity, it allows police to arrest LGBTI persons on charges such as “debauchery,” “prostitution,” and “violating the teachings of religion” and it provides for prison sentences of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Authorities did not use antidiscrimination laws to protect LGBTI individuals. Legal discrimination and social stigma impeded LGBTI persons from organizing or advocating publicly in defense of their rights. Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. There were reports of arrests and harassment of LGBTI individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTI individuals or to avoid arrest. The government has the authority to deport or bar entry to the country of LGBTI foreigners.

There were reports that authorities used social media, dating websites, and cell phone apps to entrap persons they suspected of being gay or transgender, a method LGBTI advocates described as especially effective as LGBTI-friendly public spaces had largely closed in recent years.

On June 1, the Administrative Court rejected a lawsuit filed by transgender Malak El-Kashef, whom authorities released from detention in July 2019, to compel the interior minister to establish separate facilities for transgender individuals inside prisons and police stations. A court ordered transgender male Hossam Ahmed, whom authorities subjected to invasive physical exams, released from pretrial detention in a women’s prison in September.

In a televised statement in early May, prominent actor Hisham Selim spoke openly about his son’s gender change and inability to change his identity card from female to male. On June 23, two lawyers filed lawsuits against Selim and his transgender son for an Instagram post that paid tribute to Egyptian LGBT activist Sara Hegazy, who died by suicide in 2020. Hegazy was reportedly subjected to electric shocks, verbally and sexually assaulted, and held in solitary confinement during her imprisonment for debauchery in 2017, reportedly because she flew a rainbow flag at a concert.

Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations. The law allows for conducting forced anal exams in cases of debauchery.

According to a LGBTI rights organization 2019 annual report issued in January, authorities arrested 92 LGBTI individuals in 2019 and conducted forced anal exams on seven persons.

HIV-positive individuals faced significant social stigma and discrimination in society and the workplace. The health-care system provided anonymous counseling and testing for HIV, free adult and pediatric antiretroviral therapy, and support groups.

Sudan

Section 2. Respect for Civil Liberties, Including:

The 2019 constitutional declaration provides for the unrestricted right of freedom of expression and for freedom of the press as regulated by law, and the CLTG reportedly respected these rights.

Freedom of Speech: There were few reports of reprisals against individuals who criticized the government, with the primary exception of criticism of the security services. On July 18, the SAF stated they had appointed a special commissioner to file lawsuits against individuals who insult the army, including activists and journalists; however, no such cases were filed during the year. According to Human Rights Watch, there were also reports of intimidation of journalists and activists who criticized the security services.

Freedom of Press and Media, Including Online Media: The CLTG generally respected press and media freedoms and issued a number of media licenses, although media continued to be dominated by former regime loyalists.

Violence and Harassment: Unlike under the prior regime, there were no reports of the CLTG using violence and harassment against journalists.

Censorship or Content Restrictions: In contrast with previous years, there were no reports of government censorship or print confiscations. Many journalists, however, practiced self-censorship in reporting on corruption (see section 4).

Libel/Slander Laws: The law holds editors in chief potentially criminally liable for slander for all content published or broadcast.

National Security: In contrast with previous years, there were no reports of authorities using national security as a justification to arrest or punish critics of the government or deter criticism of the government.

Actions to Expand Freedom of Expression, Including for Media: The 2019 constitutional declaration provides for freedom of expression, including for media, and the CLTG took measures to respect these rights. The CLTG allowed foreign journalists, including those previously banned by the Bashir regime.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Unlike in the previous regime, there were no government restrictions on academic freedom, but in one case a cultural event was restricted. The CLTG started drafting a curriculum for public schools that would respect diversity and freedom of religion or belief. The CLTG appointed university leadership after dismissing those appointed by the Bashir regime. All major universities returned to operation after the 2019 revolution.

On August 10, a total of 11 artists were arrested and charged with endangering public safety and creating public disturbance, reportedly after neighbors complained of excessive noise during a rehearsal of a theater piece. The artists were tried and on September 18 and September 24 convicted and sentenced to two months’ imprisonment and a fine. In October the court of appeal annulled the sentences, and the 11 artists were released.

The law provides for the freedoms of peaceful assembly and association. The government generally respected the right of peaceful assembly; however, it restricted the freedom of association of civil society and NGOs.

The law provides for freedom of peaceful assembly, and the government in most cases respected those rights. Peaceful protests were generally allowed to occur. For example, on June 30 and October 21, protesters conducted demonstrations. Demonstrations were largely peaceful; police used nonviolent measures to maintain order. But in August media reported police forcibly dispersed protesters with tear gas.

Although the 2019 constitutional declaration provides for the right of freedom of association, the existing law still included many restrictions on civil society organizations and NGOs.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

The law provides for the freedom of movement, foreign travel, and emigration, and although the government largely respected these rights, restrictions on travel to conflict areas remained.

In-country Movement: Armed opposition groups still reportedly restricted the movement of citizens in conflict areas (see section 1.g.).

Internal movement was generally unhindered for citizens outside conflict areas. Foreigners needed travel permits for domestic travel outside Khartoum, which were bureaucratically difficult to obtain. Foreigners were required to register with the Ministry of Interior’s Alien Control Division within three days of arrival and were limited to a 15.5-mile radius from Khartoum. Once registered, foreigners were allowed to move beyond this radius, but travel to conflict regions required official approval. The CLTG eased some of these requirements, especially for travel to tourist sites.

Foreign Travel: The Miscellaneous Amendments Act abolished the requirement for an exit visa thus allowing Sudanese citizens to depart the country without prior permission.

Exile: Many activists returned to the country from self-exile after the CLTG took power. For example, after the removal of President Bashir in 2019, the former Transitional Military Council forcibly deported leaders of armed movements to South Sudan; in July some of these leaders returned to participate in peace discussions in Khartoum. Several prominent opposition members also returned to the country to participate in the formation of the new government. Some members of the armed movements remained in exile, however, and some expressed concern regarding their civic and political rights should they return to Sudan.

Large-scale displacement continued to be a severe problem in Darfur and the Two Areas.

The UN Office for the Coordination of Humanitarian Affairs reported the vast majority of the displacement during the year was triggered by intercommunal and other armed conflict. Reports of IDPs attempting to return to or access their farmlands in Darfur increased. Many IDPs faced chronic food shortages and inadequate medical care. Significant numbers of farmers were prevented from planting their fields due to insecurity, leading to near-famine conditions in parts of South Kordofan. Information regarding the number of IDPs in these areas remained difficult to verify. Armed groups estimated the areas contained 545,000 IDPs and severely affected persons, while the government estimated the number as closer to 200,000. UN agencies could not provide estimates, citing lack of access. Children accounted for approximately 60 percent of persons displaced in camps.

Some UN agencies were able to work with the Darfur governor’s advisers on women and children to raise awareness of gender-based violence and response efforts.

There were reports of abuse committed by government security forces, and armed opposition groups against IDPs in Darfur, including rapes and beatings (see section 1.g.).

Outside IDP camps and towns, insecurity restricted freedom of movement; women and girls who left the towns and camps risked sexual violence. Insecurity within IDP camps also was a problem. The government provided little assistance or protection to IDPs in Darfur. Most IDP camps had no functioning police force. International observers noted criminal gangs aligned with armed opposition groups operated openly in several IDP camps.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other organizations regarding treatment of IDPs, refugees, asylum seekers, and stateless persons.

UNHCR reported more than one million refugees and asylum seekers in the country, the majority of whom were South Sudanese. Some South Sudanese and Syrian refugee and asylum-seeker populations did not present themselves to the government’s Commission on Refugees (COR) or to UNHCR for registration. UNHCR reported there were many South Sudanese in the country who were unregistered and at risk of statelessness.

As of mid-December, UNHCR had registered 49,370 refugees and asylum seekers from the conflict in Ethiopia’s Tigray region. The refugees had crossed the country’s eastern border and remained in temporary camps located in Kassala and Gedaref at year’s end.

Approximately 3,000 refugees from Chad and 14,000 from the Central African Republic remained in Darfur. Eritrean refugees entering eastern Sudan often stayed in camps for two to three months before moving to Khartoum, other parts of the country, or on to Libya in an effort to reach Europe.

UNHCR estimated that 859,000 South Sudanese refugees remained in the country. The government claimed there were between two and three million South Sudanese refugees in Sudan. It remained unclear how the government was categorizing who was South Sudanese and who was Sudanese. Many South Sudanese refugees resided in remote areas with minimal public infrastructure and where humanitarian organizations and resources had limited capabilities.

UNHCR Khartoum registered an estimated 284,000 South Sudanese refugees, including 60,000 refugees who lived in nine settlements known as “open areas” around Khartoum State. South Sudanese refugees in the open areas made up approximately 20 percent of the overall South Sudanese refugee population and were considered among the most vulnerable refugee communities. Sudan’s and South Sudan’s “four freedoms” agreement provides their citizens reciprocal freedom of residence, movement, economic activity, and property ownership, but it was not fully implemented. Implementation varied by state, as well as refugees’ relations with local host communities. For example, South Sudanese in East Darfur had more flexibility to move around (so long as they were far away from the nearest village) than did those in White Nile State.

Abuse of Migrants, Refugees, and Stateless Persons: Asylum seekers and refugees were vulnerable to arbitrary arrest and harassment outside of camps because they did not possess identification cards while awaiting government determination of refugee or asylum status. According to authorities, registration of refugees helped provide for their personal security.

There were some reported abuses, including gender-based violence and exploitation, in COR-managed refugee camps. The CLTG worked with UNHCR to provide greater protection to refugees and stateless persons.

Refugees often relied on smuggling networks to leave camps. Smugglers turned kidnappers routinely abused refugees if ransoms were not paid. Fear of violence prompted some of the South Sudanese refugee population in Khartoum and White Nile to return to South Sudan. South Sudanese refugee returnees faced arrest, extortion, and theft along the route through Sudan to South Sudan.

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

Refoulement: The country generally respected the principle of nonrefoulement. With UNHCR’s assistance, authorities were trained on referral procedures to prevent refoulement, including of refugees who previously registered in other countries. During the year there were no reported cases of refoulement; however, individuals who were deported as illegal migrants may have had legitimate claims to asylum or refugee status.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The law nominally requires asylum applications to be submitted within 30 days of arrival in the country. This time stipulation was not strictly enforced. The law also requires asylum seekers to register both as refugees with the COR and as foreigners with the Civil Registry (to obtain a “foreign” number).

The government granted asylum to asylum seekers primarily from Eritrea, Ethiopia, Somalia, and Syria; it sometimes considered individuals registered as asylum seekers or refugees in another country, mostly in Ethiopia, to be illegal migrants. Government officials routinely took up to three months to approve individual refugee and asylum status, and in some cases took significantly longer, but they worked with UNHCR to implement quicker status determination procedures in eastern Sudan and Darfur to reduce the case backlog.

Since the beginning of the Syrian conflict in 2011, more than 93,000 Syrians registered with UNHCR in Sudan. Government sources, however, claimed there were far more Syrians in the country than were registered with UNHCR and the COR. More than 1,600 Yemeni refugees had registered in the country.

Freedom of Movement: The country maintained a reservation on Article 26 of the UN Convention on Refugees of 1951 regarding refugees’ right to move freely and choose their place of residence within a country. The government’s encampment policy requires asylum seekers and refugees to stay in designated camps; however, 76 percent of South Sudanese refugees (the great majority of refugees in the country) lived with local communities in urban and rural areas. The government continued to push for the relocation of South Sudanese refugees living outside Khartoum city to the White Nile state refugee camps. UNHCR notified the government relocations must be voluntary and dignified. By year’s end the CLTG had yet to relocate most South Sudanese and Ethiopians refugees to camps. The government previously allowed the establishment of two refugee camps in East Darfur and nine refugee camps in White Nile for South Sudanese refugees.

Refugees who left camps without permission and were intercepted by authorities faced administrative fines and return to the camp. Refugees and asylum seekers in urban areas were also subject to arrest and detention. UNHCR worked with legal partners to visit immigration detention centers and to provide persons of concern with legal assistance, such as release from detention centers and help navigating court procedures. On average, 150 to 200 refugees and asylum seekers were detained in Khartoum each month and assisted with legal aid by the joint UNHCR and COR legal team.

Employment: The government in principle allowed refugees to work informally but rarely granted work permits (even to refugees who obtained degrees in the country). A UNHCR agreement with COR to issue more than 1,000 work permits to selected refugees for a livelihood graduation program was being implemented in Kassala and Gedaref. To get a work permit, the CLTG required refugees to apply for a “foreigner number,” but most refugees did not have one, which is why the number of issued work permits remained low. Some refugees throughout the country found informal or seasonal work as agricultural workers or laborers in towns. Some women in camps reportedly resorted to illegal alcohol production and were harassed or arrested by police. In urban centers the majority of refugees worked in the informal sector (for example, as tea sellers, house cleaners, and drivers), leaving them at heightened risk of arrest, exploitation, and abuse.

Many South Sudanese refugees in the country not registered with the South Sudanese government risked statelessness.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape and sexual harassment are criminal offenses, and a rape victim may not be prosecuted for adultery. Marital rape is not recognized. Domestic violence is a crime.

There remain no reliable statistics on the prevalence of rape and domestic violence in the country. The UN independent expert on the human rights situation in Sudan and UNAMID’s Human Rights Section reported they received regular reports of incidents of rape and sexual and gender-based violence (see section 1.g.). Monitoring groups reported the incidence of rape and sexual assault increased as the economic situation worsened during the year. Intercommunal violence also increased. Human rights organizations cited substantial barriers to reporting sexual and gender-based violence, including cultural norms, police reluctance to investigate, and the widespread impunity of perpetrators.

Female Genital Mutilation/Cutting (FGM/C): FGM/C remained a problem, and the procedure continued to be used on women and girls throughout the country. In July the CLTG formally criminalized FGM/C. The law provides a penalty of three years’ imprisonment for anyone convicted of practicing FGM/C. In November media reported the first legal action taken against a mother and midwife in Omdurman for practicing FGM/C. Both individuals were released on bail and were awaiting trial as of mid-December.

According to UNICEF and UNFPA, the prevalence rate of FGM/C experienced by girls and women between ages 15 and 49 was 87 percent. Prevalence varied geographically and depended on the local ethnic group.

Sexual Harassment: The law criminalizes sexual harassment and provides a penalty not to exceed three years’ imprisonment if convicted. Government officials have not enforced sexual harassment law effectively. There were no specific data available on the prevalence of sexual harassment throughout the country.

Reproductive Rights: Couples were generally able to decide the number, spacing, and timing of their children and manage their reproductive health. They had access to the means and information to do so, free from discrimination, coercion, or violence. Some communities lacked awareness of reproductive rights. In addition, women living in rural areas did not always have access to contraceptives, skilled medical attendance during childbirth, and obstetric and postpartum care.

The UN Population Fund (UNFPA) estimated that 10 percent of girls and women between the ages of 15 and 49 used a modern method of contraception during the year.

In 2017 the UNFPA estimated that the maternal mortality rate was 295 deaths per 100,000 live births and that skilled health-care personnel attended 78 percent of births.

The high maternal mortality rate stemmed in large part from a patriarchal system that limited women’s reproductive choices; early child marriages; lack of access to reproductive health and emergency obstetric care, particularly in rural areas; lack of access to family planning services; poor sanitation; lack of transportation in rural areas; and poor public health structures in the rural areas where the population experienced chronic undernourishment, malaria, hemorrhagic fevers, and anemia.

The Ministry of Health provided access to sexual and reproductive health services for survivors of sexual violence in conflict areas. The ministry also provided preventative treatment for sexually transmitted infections and emergency contraceptives, depending on the public health infrastructure and availability of medications. In July the civilian-led transitional government ratified legislation that criminalized female genital mutilation/cutting (FGM/C). Despite the law, FGM/C remained a problem and resulted in prolonged labor and hemorrhage.

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

Discrimination: The law, including many traditional legal practices and certain provisions of Islamic jurisprudence, continued to discriminate against women. In accordance with common Islamic judicial interpretation, a Muslim widow inherits one-eighth of her husband’s estate; of the remaining seven-eighths, two-thirds goes to the sons and one-third to the daughters. In certain probate trials, a woman’s testimony is not considered equal to a man’s; the testimony of two women is required. In other civil trials, the testimony of a woman equals that of a man.

By law a Muslim man may marry a Jewish or Christian woman. A Muslim woman may not marry a non-Muslim man and may be charged with adultery if she does so. Although the CLTG abolished the previous discriminatory Public Order Law, there were unconfirmed reports individual officers still applied it ad-hoc.

In July the government amended the personal law act to allow women to travel abroad with their children without a male family member’s permission (see section 7.d.).

Children

Birth Registration: The constitutional declaration states that persons born to a citizen mother or father have the right to citizenship. Most newborns received birth certificates, but some in remote areas did not. Registered midwives, dispensaries, clinics, and hospitals could issue certificates. Failure to present a valid birth certificate precludes enrollment in school. Access to health care was similarly dependent on possession of a valid birth certificate, but many doctors accepted a patient’s verbal assurance that he or she had one.

Education: The law provides for tuition free basic education up to grade eight, but students often had to pay school, uniform, and examination fees to attend. Primary education is neither compulsory nor universal.

Child Abuse: The government tried to enforce laws criminalizing child abuse and was more likely to prosecute cases involving child abuse and sexual exploitation of children than cases involving adults. Some police stations included “child friendly” family and child protection units and provided legal, medical, and psychosocial support for children.

Child, Early, and Forced Marriage: The legal age of marriage was 10 for girls and 15 or puberty for boys.

Sexual Exploitation of Children: Penalties for conviction of sexual exploitation of children vary and may include imprisonment, fines, or both. The CLTG tried to enforce laws criminalizing child sexual exploitation.

There is no minimum age for consensual sex or a statutory rape law. Pornography, including child pornography, is illegal. Statutes prescribe a fine and period of imprisonment not to exceed 15 years for conviction of child pornography offenses.

Displaced Children: Internally displaced children often lacked access to government services such as health and education due to security concerns and an inability to pay related fees. UNICEF estimated 960,000 children remained internally displaced (see section 2.d.).

Institutionalized Children: Police typically sent homeless children who had committed crimes to government camps for indefinite periods. Health care, schooling, and living conditions were generally very basic.

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 known Jewish community in the country consisted of two individuals in the Khartoum area. Societal attitudes were generally not tolerant of Jewish persons, although anti-Semitic acts were rare. In 2019 the minister for religious affairs called for all Jews of Sudanese origin to return to the country and underscored that the country is a pluralistic society.

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

Although the law and the constitutional declaration provide protections for persons with disabilities, social stigma and a lack of resources hindered the government’s enforcement of disability laws. The law does not specifically prohibit discrimination against persons with disabilities.

Social stigma and lack of resources often prevented government and private entities from accommodating persons with disabilities in education and employment. Appropriate support remained especially rare in rural areas.

The population includes more than 500 ethnic groups speaking numerous languages and dialects. Some of these ethnic groups self-identify as Arab, referring to their language and other cultural attributes.

The law does not specifically prohibit homosexuality but criminalizes sodomy, which is punishable if convicted by five years in jail for an initial offense. The CLTG abolished corporal and capital punishment for conviction of sodomy. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons are not considered a protected class under antidiscrimination laws. Anti–LGBTI sentiment remained pervasive in society. LGBTI organizations alleged being pressured to alter their activities due to threat of harm.

There were no reports of official action to investigate or punish those complicit in LGBTI-related discrimination or abuses.

There was societal discrimination against persons with HIV/AIDS.

Clashes often resulted from conflicts over land rights, mineral ownership, and use of gold-mining areas, particularly in the Jebel Amer area in North Darfur. Observers believed those clashes resulted in deaths and displacement in past years. Largely unregulated artisanal gold-mining activities continued in all of the Darfur states, although it was a lesser source of tension among communities than in previous years. Claims to land rights continued to be mostly ethnic and tribal in nature. Other clashes took place in Red Sea State, Kassala State and South Kordofan.

There were multiple reports of hate speech and discriminatory language during the year. Reports increased following the appointment of civilian governors in areas where ethnic groups opposed an appointed governor because he or she belonged to a different group.

Yemen

Section 2. Respect for Civil Liberties, Including:

Although the constitution provides for freedom of expression, including for the press “within the limits of the law,” the law calls for journalists to uphold national unity and prohibits criticism of the head of state. The Houthis did not respect the rights as provided in the constitution, and the government was unable to enforce them.

Freedom of Speech: All parties to the conflict severely restricted the right to freedom of expression. Female human rights defenders, journalists, and activists faced specific repression on the basis of gender. Local human rights defenders faced harassment, threats, and smear campaigns from the government, Saudi-led coalition, and Houthi forces. Freedom House reported that freedom of personal expression and private discussion remained severely limited as a result of intimidation by armed groups and unchecked surveillance by the Houthi authorities. In multiple instances Houthis went to the homes of activists, journalists, and political leaders opposed to the Houthis and used the threat of arrest and other means to intimidate perceived opponents and to silence dissent.

Press and Media, Including Online Media: Prior to the outbreak of conflict, the transitional government approved legislation to regulate broadcasting and television channels. A number of domestic private radio and television stations operated under media production company permits, and several stations broadcast from abroad for domestic audiences.

Violence and Harassment: The government was unable to take any substantive steps to protect journalists from violence and harassment. Progovernment popular resistance forces, Houthis, and tribal militias were responsible for a range of abuses against media outlets.

The UN Group of Experts reported that the Houthis arbitrarily detained journalists and human rights defenders in Sana’a prisons, such as Sana’a Central Prison, unofficial facilities like the security and intelligence detention center, and in secret detention facilities, including former residential buildings in and around Sana’a.

Reporters Without Borders reported that photographer Abdullah Bukeir, who was arrested and detained in a ROYG-controlled facility in April, began a hunger strike and by June was hospitalized because of his condition. As of December, he remained in detention.

Amnesty International reported in July that the Houthis had detained 10 journalists since 2015 on false charges, subjected them to torture and other forms of abuse, and sentenced four of them–Akram al-Walidi, Abdelkhaleq Amran, Hareth Hamid, and Tawfiq al-Mansouri–to death in April for espionage (see section 1.d, Arbitrary Arrest or Detention.). The journalists reportedly suffered from a range of medical problems while in detention.

Censorship or Content Restrictions: The Houthis controlled several state ministries responsible for press and communications, including the Ministry of Telecommunications. In that capacity they selected items for formerly government-run broadcast and print media and did not allow reports critical of themselves. The Ministry of Telecommunications and internet service providers reportedly blocked websites and domains that authorities deemed critical of the Houthi agenda. The OHCHR reported Houthi forces censored television channels and banned newspapers from publication.

Libel/Slander Laws: The law criminalizes criticism of the “person of the head of state”; the publication of “false information” that may spread “dissent and division among the people”; materials that may lead to “the spread of ideas contrary to the principles of the Yemeni revolution”; and “false stories intended to damage Arab and friendly countries or their relations.” There was no information during the year whether the ROYG or the Houthis used these laws to restrict public discussion or retaliate against journalists or political opponents.

Nongovernmental Impact: Nongovernmental actors inhibited freedom of expression, including for members of the press. The OHCHR reported that since the start of the conflict in March 2015 there were 357 human rights abuses against journalists, including 28 killings, two enforced disappearances, one abduction, 45 physical assaults, and 184 arbitrary arrests and detentions. These abuses were committed by both government authorities and nonstate actors.

Censorship affected internet freedom, and there were notable cases of Houthi intrusion into cyberspace. The Houthi-controlled Public Telecommunications Corporation systematically blocked user access to websites and internet domains it deemed dangerous to their political agenda.

The NSB maintained permanent offices on campuses, reflecting continued government concern regarding security and, in some cases, controversial speech. Partisan officials at the Ministry of Higher Education and academic institutions reviewed prospective university professors and administrators for political acceptability before hiring them and commonly showed favoritism toward supporters of specific political parties. There were no reported instances of censored curriculums or sanctioned professors or students; however, after their takeover, Houthi and other actors’ incursions onto campuses and detentions of academics appeared designed to intimidate perceived opponents.

Scholars at Risk (SAR) reported that armed groups, mostly Houthi forces, targeted individual students, faculty, and university administrators over perceived disloyalty to a particular armed group. The Houthis subjected scholars and students to a number of academic reforms aimed at bolstering Houthi influence and quashing opposition. The reforms include the imposition of lectures and apparently politicized courses developed by the Houthis. Students have reportedly been required to study speeches and sermons by Houthi military leaders. One scholar in exile told SAR that Houthi forces have required faculty to attend lectures on the group’s ideology.

On January 25, Houthi militants arrested Hamid Aqlan, president of the Sana’a-based University of Science and Technology, along with one of his administrative colleagues. The Houthis reportedly charged Aqlan with “aiding aggression” based on accusations that he smuggled the university’s financial and electronic records, including those of the university hospital, to the private university’s owners in Aden. Aqlan was brought to an undisclosed location where Houthi soldiers denied him contact with family and colleagues. The day of his arrest, the Houthis announced the appointment of a new president, Adel al-Mutawakkil, whom the ROYG identified as a supporter of the Houthis. On February 2, Houthi forces released Aqlan; however, they detained him again on February 11 at a checkpoint in Ibb governorate, along with his brother and three other companions. On March 4, Aqlan was charged with “falsifying a personal identity.” While his companions were released, Aqlan remained in custody at year’s end.

On February 2, armed Houthi forces raided a Sana’a University lecture hall and assaulted sociology professor Ali Baalawi, apparently for allegedly criticizing the appointment of a military commander’s relative as dean of the Faculty of Arts, despite lacking the appropriate qualifications. Baalawi was promptly removed from campus and reportedly barred from returning to the university.

On May 19, Houthi forces detained Hodeidah University faculty member Wadih al-Sharjabi, apparently for social media commentary critical of the Houthi militia. Al-Sharjabi, a communications lecturer, had reportedly demanded over Facebook that the militia release several university students who were arrested for allegedly fighting alongside state armed forces.

SAR also documented Houthi activities to deter campus activities the Houthis found objectionable. On February 2, Houthi soldiers and a number of pro-Houthi student informants shut down an academic competition hosted at the University of Ibb that they claimed was “immoral” and did not have their advance approval.

The law provides for the freedoms of peaceful assembly and association, but these rights were not respected in the majority of the country, i.e., areas that the ROYG did not control.

The law provides for freedom of peaceful assembly. The Houthis and their affiliates responded to demonstrations and protests in various parts of the country with excessive force. SAR reported that in March students at the University of Science and Technology in Sana’a allegedly received threatening letters after holding a peaceful campus protest against the Houthi occupation of the university and the continued detention of the university’s former president Dr. Hamid Aqlan (see section 2.a, Freedom of Expression–Academic Freedom and Cultural Events).

While the law provides for freedom of association, there were reports the Houthis harassed and detained activists and shut down NGOs. Houthi authorities closed numerous NGOs during the year without proper due process, citing treason or conspiring with foreign powers. Houthi authorities created the Executive Office for Monitoring Operations of International Organizations to oversee the work of NGOs and reportedly police NGO activity. Several NGOs originally based in Sana’a moved to Aden or other cities in government-controlled areas, or abroad.

The law regulates associations and foundations and outlines the establishment and activities of NGOs. Authorities required annual registration. The law exempts registered NGOs from taxes and tariffs and requires the government to provide a reason for denying an NGO registration, such as deeming an NGO’s activities “detrimental” to the state. It forbids NGO involvement in political or religious activities. It permits foreign funding of NGOs. The law requires government observation of NGO internal elections. There were no known attempts by NGOs to register during the year.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation; however there were many restrictions on these freedoms.

In-country Movement: Rebel forces, resistance forces, security forces, and tribes maintained checkpoints on major roads. In many regions, especially in areas outside effective central security control, armed tribesmen frequently restricted freedom of movement, operated their own checkpoints, sometimes with military or other security officials, and often subjected travelers to physical harassment, extortion, theft, or short-term kidnappings for ransom. Damage to roads, bridges, and other infrastructure from the conflict also hindered the delivery of humanitarian aid and commercial shipments (see section 1.g, Abuses in Internal Conflict).

Women in general did not enjoy full freedom of movement, although restrictions varied by location. Oxfam reported that in areas controlled by radical Islamic groups such as AQAP, men at checkpoints increasingly insisted on adherence to the mahram system, the cultural obligation of women to be accompanied by male relatives in public. The Office of the UN High Commissioner for Refugees (UNHCR) reported that harassment at checkpoints of women and girls not accompanied by a male, as well as inability to afford transport, hampered women’s ability to reach health, nutrition, and other services.

The Houthis banned the mixing of genders in cafes unless the couple had children or carried a marriage certificate.

Local observers reported individuals from Houthi-controlled areas faced increasing discrimination and difficulties when traveling in the southern portion of the country.

Foreign Travel: The Houthi takeover of Sana’a in 2014 and the government relocation to Aden in 2015 left no official government authority in control of Sana’a airport customs or immigration functions. In 2016 the coalition closed Sana’a International Airport to commercial traffic, permitting only UN humanitarian flights, thereby preventing thousands of local citizens from traveling abroad. Those who needed to leave the country attempted alternative routes that required long journeys across active front lines at high risk and cost.

The closure of airports and land borders as a result of COVID-19 further complicated international travel. In September the Houthi authorities temporarily closed Sana’a airport to UN flights.

In the past women needed the permission of a male guardian, such as a husband, before applying for a passport or leaving the country. A husband or male relative could bar a woman from leaving the country by placing a woman’s name on a “no-fly list” maintained at airports. Prior to the conflict, authorities strictly enforced this requirement when women traveled with children, but there were no reports of government authorities enforcing this requirement during the year. There were attempts, however, by the Houthis to impose similar restrictions on women’s international travel. In view of the deterioration of infrastructure and lack of security due to the conflict, many women reportedly declined to travel alone (see section 6, Women).

Prior to 2014 the transitional government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons (IDPs), refugees (see section 2.f, Protection of Refugees), returning refugees, asylum seekers, stateless persons, and other persons of concern.

The Houthi takeover, coalition airstrikes, and active fighting made it difficult for humanitarian organizations to reach many areas of the country due to security concerns (see section 1.g, Abuses in Internal Conflict–Other Conflict-related Abuse).

UNHCR reported in September that more than 156,000 additional persons had been internally displaced since the beginning of the year, and further displacement occurred during increased fighting in Ma’rib. Close to one million IDPs were living in more than 1,600 IDP sites in deplorable conditions; UNHCR and its partners had access to 660 of those sites to provide assistance.

The European Commission’s Directorate-General for European Civil Protection and Humanitarian Aid Operations reported in March that heavy fighting in al-Hazm caused massive secondary and tertiary displacements of IDPs towards Ma’rib. An estimated 1,800 households reportedly fled the area as fighting escalated and more than 2,100 IDPs had already reached Ma’rib.

In April, Under Secretary General for Humanitarian Affairs and Emergency Relief Coordinator Lowcock said that 60,000 persons had fled conflict in al-Jawf since January, most of them arriving in Ma’rib.

UNHCR declared in July that up to 670 IDP families had been newly displaced in Abyan due to recent clashes between STC and ROYG forces.

In August the Executive Unit for the Management of IDPs in Ma’rib reported the displacement of 1,580 families from their homes and displacement camps due to military operations launched by Houthi rebels in the Medghal district of Ma’rib.

According to UNHCR, summer flooding temporarily displaced an additional 300,000 individuals, some of whom were already living in IDP camps. The worst hit areas were Ma’rib, Amran, Hajjah, Hudaydah, Ta’iz, Lahj, Aden, and Abyan governorates, where floods killed more than 150 persons.

Humanitarian organizations’ access to IDPs and other vulnerable populations was generally limited and unpredictable due to the continuing conflict; however, many humanitarian organizations maintained a presence in multiple locations. According to the United Nations, humanitarian organizations, local NGOs, and charities that still functioned in the capital supported IDPs and other conflict-affected persons in Sana’a and other parts of the country with food, shelter, nonfood items, and other support. IDPs from Sa’ada reported limited access to cash for purchasing basic household items. COVID-19 exacerbated the challenges of reaching IDPs.

NGOs reported shelter continued to be a primary concern for IDPs. The IOM reported IDPs largely sought refuge with relatives or friends, or rented accommodations where many faced frequent threats of eviction due to late rent payments. Others were held in unconventional shelters in public or private buildings such as schools, health facilities, or religious buildings, primarily in Ta’iz and Lahj. The shifting nature of the conflict displaced many IDPs multiple times as the front lines of the conflict changed, requiring individuals to seek new shelter with every subsequent displacement.

f. Protection of Refugees

The IOM reported that new arrivals of migrants declined significantly due to COVID-19 travel restrictions. Between January and September, the IOM recorded somewhat more than 33,000 arrivals, compared to more than 84,000 during the same period in 2019.

The country received refugees from a variety of countries. Many refugees became increasingly vulnerable due to the worsening security and economic situation in the country. Somali, Ethiopian, Eritrean, and other refugees, asylum seekers, and migrants shared in the general poverty and insecurity of the country.

According to UNHCR, there were 283,898 refugees and asylum seekers in the country as of August, mostly from Somalia and Ethiopia. Many were attempting to reach or return to Saudi Arabia for work and had entered the country based on false information from smugglers that the conflict in the country was over, according to UNHCR and the IOM. Many took refuge at the Kharaz refugee camp and towns in the south. The ROYG could not provide physical protection to refugees or migrants; many were held in detention centers operated by the Houthis in the north and by the government in the south. UNHCR and other organizations stated there were reports of refugees and migrants facing physical and sexual abuse, torture, and forced labor in both Houthi and ROYG-controlled facilities, and that many refugees and migrants were vulnerable to human trafficking.

Abuse of Migrants, Refugees, and Stateless Persons: According to the IOM, migrants in the country continued to face egregious forms of abuse at the hands of smugglers and traffickers, including sexual and gender-based violence, torture, abduction for ransom, forced labor, and physical violence. The IOM considered women and girls to be particularly vulnerable and more likely to be trafficked and exposed to sexual abuse. The OHCHR reported that UAE-supported Security Belt Forces (SBF) committed rape and other forms of serious sexual violence targeting foreign migrants and other vulnerable groups (see section 1.c, Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment; and 1.g, Abuses in Internal Conflict.).

These risks were compounded by armed hostilities concentrated around Shabwah, Abyan, al-Bayda, al-Jawf, Ma’rib, and Sa’ada governorates, and by internal movement restrictions due to COVID-19. These factors resulted in more migrants becoming stranded or trapped for longer periods in areas without assistance and at risk of being injured or killed, according to the IOM. Multiple NGOs and media reported that criminal smuggling groups built a large number of “camps” near the Yemen-Saudi border city of Haradh and in other parts of the country, where militants held migrants for extortion and ransom.

The UN Department of Economic Affairs reported there were 385,600 migrants, including women and children, as of mid-2019. The IOM estimated that more than 14,500 migrants were stranded in August because of the COVID-19 border closures in Aden, Ma’rib, Lahj, and Sa’ada governorates. Through the end of July, the IOM assisted in the return of 946 migrants from the country.

Authorities in both the north and south of the country often detained migrants. According to the IOM, migrants in detention who could afford to pay for their release were reportedly loaded on trucks and moved to other governorates where they were left in secluded areas, on the outskirts of towns, or forcibly transferred to the Sana’a Immigration, Passport, and Naturalization Authority facility. In the north, from April to June, Houthi authorities arrested and relocated 1,500 migrants to the south. The IOM estimated that approximately 5,000 migrants were living in Aden on the streets.

The IOM reported both the ROYG and Houthis detained migrants due to concerns the migrants could be recruited by the other party, and to scapegoat migrants for being carriers of COVID-19. UNHCR, the IOM, and other humanitarian organizations faced challenges accessing detention centers to monitor detained refugees and asylum seekers.

While the government generally deported migrants back to their country of origin, the Houthis frequently detained migrants for indefinite periods.

HRW and the IOM reported overcrowding in detention facilities, lack of access to medical care, and physical abuse, with detainees showing signs of sores and festering wounds.

According to local authorities, 390 migrants were relocated from detention centers in Houthi-controlled areas to al-Jawf, and from mid-April to mid-May, 486 were moved to Ta’iz. The Houthis reportedly left at least 20,000 migrants stranded along the border with Saudi Arabia. As of June, approximately 7,000 migrants were reportedly still on the Saudi-Yemen border.

The IOM reported in September that an estimated 4,000 or more migrants in Ma’rib were stranded across the governorate, with many of them having lived there for more than six months, unable to continue their journey northwards due to movement restrictions along the main roads. In addition, more than 500 migrants were under risk of eviction in Ma’rib due to a lack of acceptance from the local community.

HRW reported that in April, Houthi forces forcibly expelled thousands of Ethiopian migrants from Sa’ada in the northern part of the country. The Houthi forces described the migrants as “coronavirus carriers,” killing dozens and forcing them to the Saudi border. Saudi border guards reportedly fired on the migrants, killing dozens more, while hundreds of survivors escaped to a mountainous border area (see the Country Reports on Human Rights Practices for Saudi Arabia).

From January 1 through July 31, the IOM reported that 13,416 citizens returned to the country from Saudi Arabia and 366 from the Horn of Africa.

According to reports, the head of the militia that previously detained refugees at the Bureiqa migrant detention center was arrested and all refugees were released.

Access to Asylum: No law addresses the granting of refugee status or asylum, and there was no system for providing protection to asylum seekers. In past years the government provided automatic refugee status to Somalis who entered the country. The Houthis attempted to take over the refugee status determination process in areas under their control, leading many refugees to have lapsed documentation. Houthi armed groups arbitrarily detained migrants in poor conditions and failed to provide access to asylum and protection procedures in multiple facilities in Houthi-controlled territories. UNHCR was generally able to access populations to provide assistance and was working with the Houthis to come to a resolution on registration of refugees. UNHCR continued to conduct refugee status determinations in southern territory under ROYG control, in coordination with the government.

Freedom of Movement: Freedom of movement was difficult for all persons in the country, including refugees, in view of the damage to roads, bridges, and other basic infrastructure, and COVID-19 travel restrictions. Most of the country’s airports had significant damage or were closed to commercial traffic, making air travel difficult for all, including refugees. In areas controlled by Houthis, unofficial checkpoints blocked and delayed the movement of individuals and goods.

Access to Basic Services: Refugees lacked access to basic services due to the continuing conflict. The United Nations estimated only approximately half of the country’s public-health facilities remained functional during the year. Many were closed due to damage caused by the conflict, some were destroyed, and all facilities faced shortages in supplies, including medications and fuel to run generators.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, but it does not criminalize spousal rape. The punishment for rape is imprisonment for up to 25 years. The government did not enforce the law effectively.

The United Nations reported incidents of gender-based violence increased (see section 1.g, Abuses in Internal Conflict–Physical Abuse, Punishment, and Torture.). The Office of the Special Representative of the UN Secretary-General on Sexual Violence reported in June that women and children faced a high risk of sexual violence, and noted that female political leaders and activists have been systemically targeted by the Houthis since 2017. The UN Group of Experts reported that in Houthi-controlled territory, women either were threatened with or experienced prostitution charges, physical harm, arbitrary and secret detention, and sexual violence if they spoke out against the Houthis. Women also were reported as having an increased vulnerability due to the conflict and subsequent displacements.

From December 2017 through December 2019, the Group of Experts reported the detention and arrest of 11 women, three of whom were repeatedly raped while in custody. The Zainabiyat, the female Houthi security force that worked as prison guards, was implicated in abetting the rape of these women, including during interrogation. The UN Panel of Eminent Experts also documented abuses committed by the Zainabiyat, including sexual assault, beatings, torture, arbitrary arrest and detention, and facilitating rape in secret detention centers.

The UN Group of Experts also noted the role of the SBF and 35th Armored Brigade personnel (over whom the ROYG exercised minimal control) in perpetrating rape and other forms of sexual violence against women and girls.

NGOs documenting human rights abuses reported multiple incidents of sexual violence. In December 2019 the brother and male cousin of a young girl were arrested for defending her after she was harassed by the bodyguard of a prominent STC official. In March an STC battalion attacked an IDP camp and reportedly raped female residents. Also in March a Houthi official sexually harassed an aid worker in an attempt to coerce her into preferential distribution of food to Houthi officials.

There were no reliable rape prosecution statistics, and the number of rape cases was unknown. Human rights NGOs stated their view that underreporting of sexual and gender-based violence cases was common. By law authorities can prosecute rape victims on charges of fornication if authorities do not charge a perpetrator with rape. According to law, without the perpetrator’s confession, the rape survivor must provide four male witnesses to the crime.

The law states that authorities should execute a man if convicted of killing a woman. The law, however, allows leniency for persons guilty of committing an “honor” killing or violently assaulting or killing a woman for perceived “immodest” or “defiant” behavior. The law does not address other types of gender-based abuse, such as forced isolation, imprisonment, and early and forced marriage.

The law provides women with protection against domestic violence, except spousal rape, under the general rubric of protecting persons against violence, but authorities did not enforce this provision effectively. Victims rarely reported domestic abuse to police and criminal proceedings in cases of domestic abuse were rare.

Female Genital Mutilation/Cutting (FGM/C): The law does not prohibit FGM/C, although a 2001 ministerial directive banned the practice in government institutions and medical facilities, according to HRW. According to the UN Population Fund, the most recent data, from 2013, indicated 19 percent of women ages 15 to 49 have undergone FGM, with prevalence rates as high as 80 percent and 85 percent in al-Mahrah and Hadramout, respectively.

Sexual Harassment: No laws specifically prohibit sexual harassment, although the penal code criminalizes “shameful” or “immoral” acts. Authorities, however, rarely enforced the law. Sexual harassment was a major problem for women.

Reproductive Rights: The ongoing conflict and humanitarian crisis in the country made it difficult to find reports on the government’s approach to reproductive rights, including possible interference by the government with the right of couples and individuals to decide the number, spacing, and timing of their children and to manage their reproductive health free from discrimination, coercion, and violence.

The conflict led to a breakdown of the healthcare system, and women and girls did not have access to essential reproductive health services. The UN Population Fund (UNFPA) reported that only 20 percent of health facilities offered maternal and child health services due to lack of supplies, staff shortages, damage due to conflict, inadequate equipment and supplies, and inability to meet operational costs. Access to medications and pharmaceutical products, including contraceptives, also decreased due to the conflict and reportedly due to Houthi interference with distribution of the available supplies.

According to the most recent World Bank and UNICEF estimates (2017), the maternal mortality ratio was 164 deaths per 100,000 live births. The majority of births took place at home, and only 40 percent of births were attended by skilled health personnel, according to 2020 UNFPA estimates. The adolescent birth rate remained high at 60 births per 1,000 women between the ages of 15 and 19, according to 2017 UN Population Division estimates.

According to a 2020 survey conducted by the Track20 Project, 22 percent of all women between the ages of 15 and 49 used a modern method of contraceptives, 36 percent of married women were using modern contraceptives, and 34 percent of women had an unmet need for family planning. Cultural taboos and misconceptions affected the contraceptive prevalence rate throughout the country, particularly in Houthi-controlled areas. There were media reports of Houthi interference with contraceptive distribution by telling reproductive health centers to stop issuing contraceptives, which the Houthis characterized as a “foreign invasion” of traditional culture.

The government struggled to provide access to sexual and reproductive health services for survivors of sexual violence due to the ongoing conflict and the breakdown of the healthcare system. According to 2020 UNFPA estimates, 6.1 million girls and women were in need of gender-based violence services. Reported cases of gender-based violence rose, exacerbated by the COVID-19 pandemic. The UNFPA also reported a rise in the rate of child marriages, most acutely among internally displaced persons (IDPs). The UNFPA reported that in IDP camps, one in five girls aged 10 to 19 were married, compared to 1 in 8 in host communities.

According to the most recent UNFPA report, 19 percent of women and girls aged 15 to 49 have undergone some form of FGM/C, but FGM/C was less common among young girls aged 15 to 19 than among women aged 45 to 49.

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

Discrimination: Women faced deeply entrenched discrimination in both law and practice in all aspects of their lives. Mechanisms to enforce equal protection were weak, and the government did not implement them effectively.

Women cannot marry without permission of their male guardians, do not have equal rights in inheritance, divorce, or child custody, and have little legal protection. They experienced discrimination in areas such as employment, credit, pay, owning or managing businesses, education, and housing (see section 7.d, Discrimination with Respect to Employment and Occupation). A 2015 estimated female literacy rate of 55 percent, compared with 85 percent for men, accentuated this discrimination.

A male relative’s consent was often required before a woman could be admitted to a hospital, creating significant problems in a humanitarian context in which the men of the household were absent or dead.

Women also faced unequal treatment in courts, where the importance given a woman’s testimony equals half that of a man’s.

A husband may divorce a wife without justifying the action in court. In the formal legal system, a woman must provide justification.

Any citizen who wishes to marry a foreigner must obtain the permission of the Ministry of Interior (see section 1.f, Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence). A woman wishing to marry a foreigner must present proof of her parents’ approval. A foreign woman who wishes to marry a male citizen must prove to the ministry that she is “of good conduct and behavior.”

Women experienced economic discrimination (see section 7.d, Discrimination with Respect to Employment and Occupation).

Children

Birth Registration: Citizenship derives from a child’s parents. A child of a Yemeni father is a citizen. Yemeni women may confer citizenship on children born of a foreign-born father if the child is born in the country. If the child is not born in the country, in rare cases the Ministry of Interior may permit a woman to transmit citizenship to the child if the father dies or abandons the child.

There is no universal birth registration, and many parents, especially in rural areas, never registered children or registered them several years after birth. The requirement that children have birth certificates to register for school was not universally enforced, and there were no reports of authorities denying educational or health-care services and benefits to children based on lack of registration.

Education: The law provides for universal, compulsory, and tuition-free education from ages six to 15. Public schooling was free to children through the secondary school level, but HRW reported that many children, especially girls, did not have easy access. For school attendance statistics, see the 2020 Humanitarian Situation Report from UNICEF.

UNICEF and other agencies reported an estimated two million children have dropped out of school since 2015. The United Nations further estimated that only two-thirds of schools were functioning, even prior to COVID-19 restrictions.

The UN Group of Experts raised concern that some parties to the conflict deprived children of their right to education through the military use of schools, manipulation of education, and targeting of educators. The ROYG Special Security Forces reportedly used a school in Shabwah as a military barracks and detention facility, and the Houthis had allegedly used four schools for weapons storage, manufacturing, and training.

Approximately 160,000 teachers have not been paid regularly since 2016. As a result of the irregular payment of salaries, as well as attacks on schools, many teachers were forced to seek alternate sources of income for support.

Child Abuse: The law does not define or prohibit child abuse, and there was no reliable data on its extent. Authorities considered violence against children a family affair.

Child, Early, and Forced Marriage: Early and forced marriage was a significant, widespread problem. According to UNICEF, 32 percent of girls were married before age 18 and 9 percent of girls were married before age 15. The conflict has exacerbated the situation. The United Nations reported that forced marriage and child marriage for financial reasons due to economic insecurity was a systemic problem. There is no minimum age for marriage, and girls reportedly married as young as age eight.

Sexual Exploitation of Children: The law does not define statutory rape and does not impose an age limit for consensual sex. The law prohibits pornography, including child pornography, although there was no information available on whether the legal prohibitions were comprehensive. The law criminalizes the prostitution of 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.

Approximately 20 Jews remained in the country. According to media reports, most lived in a compound in Sana’a. The continuing conflict further weakened law enforcement. Targeted discrimination by the Houthi authorities put the Jewish community at risk. Many fled the country as a result.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Use of anti-Semitic language was increasingly prevalent throughout the year. The Houthi movement adopted anti-Semitic slogans, including “death to Israel, a curse on the Jews.” Anti-Israel rhetoric often blurred into anti-Semitic propaganda. The Houthis propagated such materials and slogans throughout the year, including adding anti-Israel slogans and extremist rhetoric into the elementary education curriculum and books.

Members of the Jewish community are not eligible to serve in the military or national government. Authorities forbid them from carrying the ceremonial Yemeni dagger.

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

The constitution and laws affirm the rights of persons with disabilities. The laws permit persons with disabilities to exercise the same rights as persons without disabilities, but the government did not effectively enforce them. Social stigma, official indifference, and the continuing conflict were obstacles to implementation.

Children with disabilities may attend public schools, although schools made no special accommodations for them.

Although the law mandates that new buildings have access for persons with disabilities, compliance was poor.

Amnesty International estimated that there are 4.5 million persons with disabilities, including among IDPs. Approximately 37 percent of persons with disabilities were aged 65 and above, according to Amnesty International. Information concerning patterns of abuse of persons with disabilities in educational and mental health institutions was not publicly available.

The Ministry of Social Affairs and Labor was responsible for protecting the rights of persons with disabilities. The ROYG could not collaborate with the World Bank to administer a social development fund. The ministry was also unable to oversee the Fund for the Care and Rehabilitation of the Disabled, which provided limited basic services and supported more than 60 NGOs assisting persons with disabilities.

Although racial discrimination is illegal, some groups, such as the Muhamasheen or Akhdam community, and the Muwaladeen (Yemenis born to foreign parents), faced social and institutional discrimination based on race, ethnicity, and social status. The Muhamasheen, who traditionally provided low-prestige services such as street sweeping, generally lived in poverty and endured persistent societal discrimination. Muhamasheen women were particularly vulnerable to rape and other abuse because of the general impunity for attackers due to the women’s low-caste status. The UN Group of Experts reported the Muhamasheen continued to be targets of extreme sexual violence. There were reports of chattel slavery of the Muhamasheen (see section 7.b, Prohibition of Forced or Compulsory Labor). During the year the Houthis have reportedly recruited Muhamasheen fighters more actively to fight against the ROYG. In July, Houthis killed four Muhamasheen and injured another in Amran province after they refused to join Houthi fighters on the front lines.

The penal code criminalizes consensual same-sex sexual conduct, with the death penalty as a sanction under the country’s interpretation of Islamic law. There have been no known executions of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in more than a decade.

The government did not consider violence or discrimination against LGBTI persons “relevant” for official reporting.

Due to the illegality of and possibly severe punishment for consensual same-sex sexual conduct, few LGBTI persons were open regarding their sexual orientation or gender identity. Individuals known or suspected of being LGBTI faced discrimination.

There is one active LGBTI-related social media site.

While there were no reports of social violence against persons with HIV or AIDS, the topic was socially sensitive and infrequently discussed. Discrimination against persons with HIV or AIDS is a criminal offense. Information was not available on whether there were reports on incidents of discrimination.

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