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Democratic Republic of the Congo

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

Women

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

From January to August, the UNJHRO reported that at least 893 women and girls were victims of sexual and gender based violence. The UNJHRO stated that perpetrators were primarily armed groups followed by FARDC, police, and intelligence agents. The UNJHRO stated that RMGs, including the Raia Mutomboki, also targeted women and girls during the year. On April 15-19, the United Nations reported that at least 66 women and girls were victims of sexual violence, including rapes and gang rapes, by members of the Raia Mutomboki in the South Kivu provincial towns of Keba, Wameli, Kamungini, and Bimpanga. Implementation, including promulgation of the text of the amended family code adopted in 2016, had not begun by year’s end. As of November 19, the United Nations reported that the SSF killed 143 adult women and RMGs killed 111 women and girls.

The SSF, RMGs, and civilians perpetrated widespread sexual violence (see section 1.g.). During the year the United Nations documented adult victims and 183 child victims, including one boy, of sexual violence in conflict. Crimes of sexual violence were sometimes committed as a tactic of war to punish civilians for having perceived allegiances to rival parties or groups. The crimes occurred largely in the conflict zones in North and South Kivu Province, but also throughout the country. The 2013-14 Demographic and Health Survey(DHS) found that more than one in four women nationwide (27 percent) had experienced sexual violence at some point in their lives, up from 22 percent in 2007.

Some prosecutions occurred for rape and other types of sexual violence. On July 26, the High Military Court of Bukavu upheld the December 2017 conviction of Frederic Batumuke, a provincial member of parliament, and 10 other persons for murder and crimes against humanity for the rape of 37 girls ranging in age from 18 months to 12 years. The same court also convicted and sentenced Colonel Bedi Mobuli (aka Colonel 106) to life in prison for crimes against humanity, including rape, sexual slavery, looting, and cruel, inhuman, and degrading treatment.

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

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

Female Genital Mutilation/Cutting (FGM/C): The law describes FGM/C as a form of sexual violence, provides a sentence if convicted of two to five years in prison, and levies fines of up to 200,000 Congolese francs ($125); in case of death due to FGM/C, the sentence is life imprisonment.

For more information, see Appendix C.

Other Harmful Traditional Practices: UNICEF and MONUSCO attributed some abuses of children, including mutilation of children and use of children in combat in the Kasais, to harmful traditional and religious practices. The United Nations reported that Kamuina Nsapu militias often put children, particularly young girls, on the front lines of battle, believing they have powers that could protect them as well as other fighters. For example, it reported Kamuina Nsapu militias often believed young girls could trap bullets fired at them and fling them back at attackers. The Kamuina Nsapu also reportedly slashed children’s stomachs as part of an initiation ritual to see if they would survive and how the wound would heal.

Sexual Harassment: Sexual harassment occurred throughout the country. Legislation passed in 2006 prohibits sexual harassment with conviction carrying a minimum sentence of one year, but there was little or no effective enforcement of the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. Estimates on maternal mortality and contraceptive prevalence are available in Appendix C.

Discrimination: The constitution prohibits discrimination based on gender, but the law does not provide women the same rights as men. A 2015 women’s parity law provides women a number of protections. It permits women to participate in economic domains without approval of male relatives, provides for maternity care, disallows inequities linked to dowries, and specifies fines and other sanctions for those who discriminate or engage in gender-based abuse. Women, however, experienced economic discrimination.

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

Children

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

Education: The constitution provides for tuition-free and compulsory primary education. It was not, however, compulsory or tuition free, and the government inconsistently provided it across the provinces. Public schools generally expected parents to contribute to teachers’ salaries. These expenses, combined with the potential loss of income from their children’s labor while they attended class, rendered many parents unable or unwilling to enroll their children.

Primary and secondary school attendance rates for girls were lower than for boys due to financial, cultural, or security reasons, including early marriage and pregnancy for girls. Additionally, children in school were not particularly safe. Teachers subjected one in four children to corporal punishment and pressured one in five girls to exchange sexual favors for high grades.

Many of the schools in the east were dilapidated and closed due to chronic insecurity. The government used other schools as housing for IDPs. Parents in some areas kept their children from attending school due to fear of RMG forcible recruitment of child soldiers.

Schools were sometimes targeted in attacks by both the FARDC and RMGs. UNJRO documented 153 attacks on schools, including 118 in Ituri province, the majority that were committed in the context of interethnic conflict.

Child Abuse: Although the law prohibits all forms of child abuse, it regularly occurred.

The constitution prohibits parental abandonment of children accused of sorcery. Nevertheless, parents or other care providers sometimes abandoned or abused such children, frequently invoking “witchcraft” as a rationale. The law provides for the imprisonment of parents and other adults convicted of accusing children of witchcraft. Authorities did not implement the law.

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

Many children suffered abuse from militia groups that recruited children and believed they possessed magic powers. The armed group Bana Mura was reportedly responsible for taking women of childbearing age and enslaving them to give birth to children that would be raised in a different ethnic group. The United Nations reported that Kamuina Nsapu militants forced children to undergo a “baptism” ritual of a deep knife cut to the stomach. Those children who did not die of these wounds were reportedly recruited into the militia and used as combatants, often put on the front lines as “fetish keepers” due to their supposed powers. These practices resulted in the deaths of many children during the Kasai conflict in 2017.

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

The constitution criminalizes forced marriage. Courts may sentence parents convicted of forcing a child to marry to up to 12 years’ hard labor and a fine of 92,500 Congolese francs ($58). The penalty doubles when the child is younger than age 15. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age of consensual sex is 18 for both men and women, and the law prohibits prostitution by anyone younger than age 18. The penal code prohibits child pornography, with imprisonment of 10 to 20 years for those convicted. The 2009 Child Protection Code criminalized child sex trafficking, with conviction carrying penalties ranging from 10 to 20 years’ imprisonment and a fine of 800,000 to 1,000,000 Congolese francs ($500 to $625). From January through July, UNICEF assisted 2,694 children who were victims of sexual exploitation. Approximately half of these children (1,076 girls and 37 boys) were provided with a holistic response including psychosocial care, medical care, socioeconomic reintegration, and legal assistance. There were also reports that child soldiers, particularly girls, faced sexual exploitation (see section 1.g.).

There was an increase in sexual violence against children and infants in Kavumu, South Kivu Province, during 2016 (see section 6). While targeted sexual violence against children decreased in the region following arrests and charges against some militia members responsible, many of the survivors continued to face stigmatization from their communities.

Child Soldiers: Armed groups recruited boys and girls (see section 1.g.).

Displaced Children: According to the 2007 Rapid Assessment, Analysis, and Action Planning Report, which remains the most recent data available, there were an estimated 8.2 million orphans and other vulnerable children in the country. Of these, 91 percent received no external support of any kind and only 3 percent received medical support. An estimated 30,000 to 40,000 children lived on the streets, with the highest concentration in Kinshasa. The families of many of these children forced them out of their homes, accusing them of witchcraft and bringing misfortune to their families.

Since 2016 the conflict in the Kasais displaced more than 1.4 million persons, including many children who were kidnapped by militia members or otherwise separated from their families. The government was not equipped to deal with such large numbers of homeless children. The SSF abused and arbitrarily arrested 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.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution prohibits discrimination against persons with disabilities and provides specific government protection for them. The constitution states all persons should have access to national education. The law states that private, public, and semipublic companies may not discriminate against qualified candidates based on disability. The government did not enforce these provisions effectively, and persons with disabilities often found it difficult to obtain employment, education, and other government services.

The law does not mandate access to government buildings or services for persons with disabilities. While persons with disabilities may attend public primary and secondary schools and have access to higher education, no special provisions are required of educational facilities to accommodate their specific needs. Consequently, 90 percent of adults with disabilities do not achieve basic literacy. The Ministry of Education increased its special education outreach efforts but estimated it was educating fewer than 6,000 children with disabilities.

Disability groups reported extensive social stigmatization, including children with disabilities being expelled from their homes and accused of witchcraft. Families sometimes concealed their children with disabilities from officials to avoid being required to send them to school.

National/Racial/Ethnic Minorities

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

There were reports of societal discrimination and violence against foreign minority groups. For example, protesters attacked businesses owned by ethnic Chinese during the January protests.

Indigenous People

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

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

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

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

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

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

HIV and AIDS Social Stigma

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

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

According to UNAIDS, the HIV prevalence rate of adults and children between 15 and 49 was 0.7 percent, and an estimated 390,000 persons of all ages in the country had HIV in 2017.

Other Societal Violence or Discrimination

Discrimination against persons with albinism was widespread and limited their ability to marry and obtain employment, health care, and education. Families and communities frequently ostracized persons with albinism.

Longstanding ethnic tensions also fueled some community violence. In the wake of an offensive against Mai Mai Yakutumba in South Kivu, the SSF targeted for arrest young men identified by tribal scarring as members of the Bemba community. This harassment by the SSF was given as a reason why several young men subsequently joined the Mai Mai group. Small-scale conflicts in the Rutshuru and Lubero territories of North Kivu conflict exacerbated longstanding tensions between Hutu, on the one hand, and the Kobo, Nyanga, and Nande ethnic communities, on the other hand. In January 2017 the Nande-affiliated Mai Mai Mazembe RMG attacked the town of Kibirizi, decapitating one Hutu, burning one woman to death, and burning 16 homes. In April 2017 intercommunity tensions between Tshokwe and Pende (accused of being affiliated with the Congolese security forces) and Luba and Lulua communities (accused of being Kamuina Nsapu militia sympathizers) turned violent, particularly in Kamonia territory, Kasai Province. In April 2017 Tshokwe youths armed with rifles and machetes killed at least 38 persons, including eight women and eight children, mainly of Lulua ethnicity, in several parts of the territory.

Senegal

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

Women

Rape and Domestic Violence: The law prohibits rape, which is punishable by five to 10 years’ imprisonment. Nevertheless, the government rarely enforced the law, and rape was widespread. The law does not address spousal rape. The law allows the common practice of using a woman’s sexual history to defend men accused of rape.

The law criminalizes assaults and provides for punishment of one to five years in prison and a fine. Domestic violence that causes lasting injuries is punishable with a prison sentence of 10 to 20 years. If an act of domestic violence causes death, the law prescribes life imprisonment. Nevertheless, the government did not enforce the law, particularly when violence occurred within the family. Police usually did not intervene in domestic disputes. Several women’s groups and the Committee to Combat Violence against Women and Children (CLVF) reported a rise in violence against women.

NGOs, including the CLVF, criticized the failure of some judges to apply domestic violence laws, citing cases in which judges claimed lack of adequate evidence as a reason to issue lenient sentences. NGOs also criticized the government’s failure to permit associations to bring suits on behalf of victims and the lack of shield laws for rape.

The number of incidents of domestic violence, which many citizens considered a normal part of life, were much higher than the number of cases reported. The Ministry of Justice is responsible for combating domestic violence, but it did not make public any programs to address rape and domestic violence. The government-run Ginddi Center in Dakar provided shelter to women and girls who were survivors of rape or early and forced marriage as well as to street children.

In August a court in Diourbel sentenced a man who physically attacked his wife to three months in jail, along with a 21-month suspended sentence. The court also sentenced him to pay his wife one million CFA francs (approximately $1,800) in damages.

Female Genital Mutilation/Cutting (FGM/C): The law provides criminal penalties for the perpetration of FGM/C on women and girls, but no cases were prosecuted during the year.

Sexual Harassment: The law mandates prison terms of five months to three years and fines of 50,000 to 500,000 CFA francs ($90 to $900) for sexual harassment, but the problem was widespread. The government did not effectively enforce the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for the same legal status and rights for women as for men. Nevertheless, women faced pervasive discrimination, especially in rural areas where traditional customs and discriminatory rules of inheritance were strongest.

The family code’s definition of paternal rights also remained an obstacle to equality between men and women. The code considers men to be heads of household, preventing women from taking legal responsibility for their children. Additionally, any childhood benefits are paid to the father. Women can become the legal head of household only if the husband formally renounces his authority before authorities or if he is unable to act as head of household.

While women legally have equal access to land, traditional practices made it difficult for women to purchase property in rural areas. Many women had access to land only through their husbands, and the security of their rights depended on maintaining the relationship with their husbands.

The Ministry of Women, Family, and Gender has a directorate for gender equality that implements programs to combat discrimination.

Children

Birth Registration: Citizenship is acquired by birth or naturalization. The law provides for equal rights for mothers and fathers automatically to transmit citizenship to their children. The law does not make birth declaration mandatory. Registering births required payment of a small fee and travel to a registration center, which was difficult for many residents of rural areas.

Education: The law provides for tuition-free and compulsory education for children between the ages of six and 16, although many children did not attend school. While children generally could attend primary school without a birth certificate, they needed one to take national exams.

Approximately one-third of primary school-age children were not in school, in many cases because of a lack of resources or available facilities. Students often had to pay for their own books, uniforms, and other school supplies.

Girls encountered greater difficulties in continuing in school beyond the elementary level. Sexual harassment by school staff and early pregnancy also caused the departure of girls from school. An October 18 report by Human Rights Watch documented incidents of school-related sexual exploitation, harassment, and abuse in Dakar and the Casamance. Girls interviewed for the report said some teachers sexually harassed them, asking for favors or phone numbers and punishing them with bad grades if they did not comply. Teachers engaged in sexual relations with girls younger than 18. Where school directors were aware of sexual harassment or exploitation, they generally tried to resolve the situation on their own without reporting it to higher authorities or police and often stigmatized and faulted the behavior of the girls rather than the teacher in the process. Girls were generally unsure of what constitutes consent and harassment and did not know where to report exploitation. If girls became pregnant, they dropped out of school and were often shunned by their families.

Many parents opted to keep their middle- and high-school-aged daughters home to work or to marry rather than sending them to school. In recent years, however, gender disparity at the middle- and high-school level has significantly lessened.

Child Abuse: Child abuse remained common, particularly of boys sent to Dakar and other cities to beg under threat of punishment. Many of these boys were sent by their parents to study in Quranic schools or daaras. At some daaras Quranic instructors exploited, physically abused, and forced children to beg on the street. Approximately 70 percent of trafficked child beggars on the streets of Dakar were forced to beg by a Quranic instructor or someone pretending to be one, while the rest begged of their own volition due to poverty. A 2018 daara-mapping study found an estimated 28,000 Quranic students in the Dakar region (15 percent of the total) were forced to beg up to five hours per day. Most children exploited in forced begging appeared to be ages five to 10; some reportedly were as young as two.

The National Task Force Commission Against Trafficking, as well as the recently created Ministry of Good Governance and Child Protection, have committed to continue to address these issues throughout the country.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

A talibe is a boy in Senegal and other West African countries who studies the Quran at a daara. In March 2017, a Quranic teacher in Pikine was convicted and sentenced to 10 years in prison for the rape of three talibes, all approximately 12 years old. The teacher had repeatedly raped all three boys over an extended period of time. He had fractured the skull of one of the boys for protesting the rape. In November five individuals were arrested in Dakar for abusing talibes. Overall, government efforts to address the abuse of talibes remained weak.

Early and Forced Marriage: By law women have the right to choose when and whom they marry, but traditional practices often restricted a woman’s choice. The law prohibits the marriage of girls younger than 16, but this law generally was not enforced in most communities where marriages were arranged. Under certain conditions a judge may grant a special dispensation to a man to marry a girl below the age of consent.

According to women’s rights groups and officials from the Ministry of Women, Family, and Gender, child marriage was a significant problem, particularly in the more rural areas in the south, east, and northeast. The ministry conducted educational campaigns to address the problem.

Sexual Exploitation of Children: The law provides that convicted sexual abusers of children receive five to 10 years’ imprisonment. If the offender is a family member, the maximum is applied. Procuring a minor for prostitution is punishable by imprisonment for two to five years and a fine of 300,000 to four million CFA francs (approximately $550 to $7,200). If the crime involves a victim younger than 13, the maximum penalty is applied. The law was not effectively enforced, but when cases were referred to law enforcement, authorities conducted follow-up investigations. The minimum age of consensual sex is 18.

Pornography is prohibited, and pornography involving children under age 16 is considered pedophilia and punishable by up to two years’ imprisonment and fines of up to 300,000 CFA francs (approximately $550).

Exploitation of women and girls in prostitution was a problem, particularly in the southeast gold-mining region of Kedougou. Although there were no reports of child sex tourism during the year, the country was considered a destination for child sex tourism for tourists from France, Belgium, and Germany, among other countries.

Infanticide or Infanticide of Children with Disabilities: Infanticide, usually due to poverty or embarrassment, continued to be a problem. In some cases women’s families shamed them into killing their babies. Domestic workers and rural women working in cities sometimes killed their newborns if they could not care for them. Others, married to men working outside the country, killed their infants out of shame. According to the African Assembly for the Defense of Human Rights, infanticide also occurred when a woman became pregnant with the child of a man from a prohibited occupational caste. If police discovered the identity of the mother, she faced arrest and prosecution for infanticide. A 2015 UN report indicated approximately 16 percent of females in detention in 2013 were imprisoned for infanticide, and that infanticide was the grounds for imprisonment for 64 percent of girls and young women ages 13 to 18.

Displaced Children: Many children displaced by the Casamance conflict lived with extended family members, neighbors, in children’s homes, or on the streets. According to NGOs in the Casamance, displaced children suffered from the psychological effects of conflict, malnutrition, and poor health.

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.html.

Anti-Semitism

There were approximately 100 Jewish residents in the country; there were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, but the government did not enforce these provisions adequately. The law also mandates accessibility for persons with disabilities, but the government did not effectively enforce the law.

The government provided grants, managed vocational training in regional centers, and offered funding for persons with disabilities to establish businesses. Due to a lack of special education training for teachers and facilities accessible to children with disabilities, authorities enrolled only 40 percent of such children in primary school. Support for persons with mental disabilities was not generally available, and incidents of abuse of persons with mental disabilities were common.

Persons with disabilities experienced difficulty registering to vote as well as accessing voting sites, due to physical barriers such as stairs as well as the lack of provisions such as Braille ballots or sign-language interpreters for persons who are visually or hearing-impaired, or unable to speak. A 2012 law reserves 15 percent of new civil service positions for persons with disabilities, but this quota has never been enforced. In regions outside Dakar, in particular, persons with disabilities were still effectively excluded from access to these positions.

The Ministry for Health and Social Action is responsible for protecting the rights of persons with disabilities.

National/Racial/Ethnic Minorities

Ethnic groups generally coexisted peacefully. In the Casamance incidents of conflict between the Diola, the region’s largest ethnic group, and the mostly Wolof Senegalese in the north continued to decline.

Discrimination against individuals of lower castes continued, and intellectuals or businesspersons from lower castes often tried to conceal their caste identity.

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

Consensual same-sex sexual activity between adults, referred to in law as an “unnatural act,” is a criminal offense, and penalties range from one to five years’ imprisonment and fines of between 100,000 and 1.5 million CFA francs ($180 and approximately $2,700); however, the law was rarely enforced. No laws prevent discrimination based on sexual orientation or gender identity, nor are there hate crime laws that could be used to prosecute crimes motivated by bias against LGBTI persons.

LGBTI persons faced widespread discrimination, social intolerance, and acts of violence. LGBTI individuals were subject to frequent threats, mob attacks, robberies, expulsions, blackmail, and rape. LGBTI activists also complained of discrimination in access to social services.

In what appeared to be an isolated incident, on June 8, police raided a home in Keur Massar without a warrant after being alerted the inhabitants were LGBTI persons. Eleven individuals were present at the time of the raid, of whom two–both asylum seekers from The Gambia–were arrested. Eyewitnesses alleged the two were subjected to torture while in police custody, including beatings and electric shocks. The two were allegedly denied food, water, legal counsel, and medical assistance. On June 9, four other individuals who had been present in the house–two Senegalese and two Gambian asylum-seekers–visited police station to inquire about their detained friends. The four were arrested upon arrival at the station. Three of the four were released after 24 hours. The fourth, in addition to the two individuals arrested on June 8, was brought to court on June 12. All three were acquitted of all charges for lack of evidence.

Aside from this one outlying case, LGBTI activists indicated the overall situation in the country remained calm with respect to the LGBTI community for a second consecutive year.

HIV and AIDS Social Stigma

The law prohibits all forms of discrimination against persons with HIV/AIDS, and the government and NGOs conducted HIV/AIDS awareness campaigns to increase social acceptance of persons with HIV or AIDS and increase HIV testing and counseling nationwide. Nevertheless, human rights activists reported HIV-positive individuals and those with AIDS suffered from social stigma due to the widespread belief that such status indicated homosexuality. HIV-positive men sometimes refrained from taking antiretroviral drugs due to fear their families would discover their sexual orientation.

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