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Antigua and Barbuda

Executive Summary

Antigua and Barbuda is a multiparty parliamentary democracy. The prime minister is the head of government and Queen Elizabeth II is the head of state, represented by a governor general. The ruling Antigua and Barbuda Labour Party won a majority of seats in 2018 parliamentary elections that were deemed free and fair.

Security forces consist of the Royal Police Force of Antigua and Barbuda, the prison guard service, immigration officers, airport and port security personnel, the Antigua and Barbuda Defense Force, and the Office of National Drug and Money Laundering Control Policy. National security, including police and prison guards, falls under the supervision of the attorney general, who is also the minister of legal affairs, public safety, and labor. Immigration falls under the minister of foreign affairs, international trade, and immigration. The Ministry of Finance is responsible for money-laundering policy. Civilian authorities maintained effective control over the security forces. There were no reports that members of the security forces committed abuses.

Significant human rights issues included: serious acts of official corruption and existence of laws criminalizing consensual same-sex sexual conduct between men, although the laws were not enforced.

The government took steps to identify, investigate, prosecute, and punish those who committed human rights abuses. There were no reports of impunity involving the security forces during the year.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh due to inadequate sanitary conditions and overcrowding.

Physical Conditions: The country’s sole prison was built in 1735 to hold 150 prisoners but as of August held 269. According to a nongovernmental organization (NGO) representative, overcrowding created serious COVID-19 infection risks for the prisoners and staff. The government did not provide information regarding numbers of COVID-19 infections in the prison.

One mistreatment report was submitted stating that prison guards beat a former police officer convicted of bribery. An investigation was underway at year’s end.

Administration: The Superintendent of Prisons reviewed mistreatment reports and forwarded them to a Prison Visiting Committee for further investigation.

Independent Monitoring: The government permitted prison visits by independent human rights observers, but no visits occurred during the year.

Improvements: The government reported that the kitchen and chapel were demolished and a temporary kitchen was installed.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law permits police to arrest a person without a warrant, based on a suspicion of criminal activity. Police must bring detainees before a court within 48 hours of arrest or detention, or file a motion requesting an extension. The law stipulates prisoners must be released if these time limits are not met. There is a functioning bail system, but a person charged with murder cannot obtain bail. The government pays for the cost of a lawyer if a defendant is unable to afford one.

Pretrial Detention: Some prisoners on remand remained in detention for up to four years before their cases came to trial, according to the director of the Office of Public Prosecutions in 2019. The government stated there was no case backlog, but anecdotal media reports indicated the backlog remained a serious problem.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial by jury, and an independent judiciary generally enforced this right.

Defendants have the right to a presumption of innocence. Defendants have the right to be informed promptly of the charges, the right to a timely trial, and to be present at their trial. Defendants have the right to timely access to an attorney of their choice. The government provides legal assistance at public expense to persons without the means to retain a private attorney, but only in capital cases. Defendants have adequate time and facilities to prepare a defense, and free assistance of an interpreter if needed. They have the right to confront prosecution or plaintiff witnesses and to present their own witnesses and evidence. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals and organizations may seek civil remedies through domestic courts for human rights violations. They may apply to the High Court for redress of alleged violations of their constitutional rights. They may appeal adverse domestic decisions to the Eastern Caribbean Supreme Court.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press, on a somewhat limited basis.

Freedom of Press and Media, Including Online Media: There were no privately owned print media. There were claims that the government was hostile to independent broadcast media outlets and did not provide them equal access to government officials. Observers claimed that the government and the prime minister in particular owned media outlets that were used exclusively to disseminate government information. Prime Minister Browne claimed that although he was the founder of Pointe FM radio, he was no longer a shareholder; however, he did not reveal the ownership. Senior government officials routinely refused to grant interviews to media outlets that were critical of the ruling party and instead used government media exclusively.

Internet Freedom

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

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, and other humanitarian organizations in assisting refugees and asylum seekers.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government handles asylum requests on an ad hoc basis.

g. Stateless Persons

Not applicable.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In the 2018 elections the Antigua and Barbuda Labour Party won 15 of 17 seats in the House of Representatives, and Gaston Browne was subsequently named prime minister. The Caribbean Community Observation Mission and a Commonwealth Observer Group monitored the election. In their initial report, monitors noted the electoral boundaries had seen only minor adjustments since 1984, leading to large disparities in voter populations in different electoral districts. The monitors stated that despite problems with the electoral process, the results “reflected the will of the people.” As of November 2019, the final election report had not been released.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Media reported several allegations of corruption against officials during the year. Officials sometimes engaged in corrupt practices with impunity.

Corruption: Media and private citizens reported government corruption was widespread and endorsed at the highest levels of government. In September, Prime Minister Browne and a prominent member of his political party traded public and specific accusations of corruption in government procurement and other areas that neither person refuted. The Citizenship by Investment Program was a critical source of government revenue, but its lack of transparency fueled citizen concerns concerning oversight and corruption.

Financial Disclosure: The law requires elected public officials to disclose all income, assets, and personal gifts received in the course of their public functions to the Integrity Commission. The disclosures are confidential. The commission has the power to investigate public officials without a formal complaint being filed.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Domestic human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: An independent ombudsman appointed by parliament handles public complaints against police, government officials, and government offices. The ombudsman takes complaints, conducts investigations, and then makes recommendations to the relevant authorities.

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

Women

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

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

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

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

HIV and AIDS Social Stigma

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of public-sector and private-sector workers to form and join independent unions. The law also provides for the right to bargain collectively and conduct legal strikes, but it imposes several restrictions on the right to strike. The law prohibits antiunion discrimination by employers, but it does not specifically require reinstatement of workers illegally fired for union activity.

Freedom of association and the right to collective bargaining were generally respected. There were no reports of antiunion discrimination, nor were there any reports of violations of collective bargaining rights.

Workers who provide essential services (including water, electricity, hospital, fire, prison, air traffic control, meteorology, telecommunications, government printing office, and port authority) must give two weeks’ notice of intent to strike. If either party to a dispute requests court mediation, strikes are prohibited under penalty of imprisonment for any private-sector worker and some government workers. The Industrial Relations Court may issue an injunction against a legal strike when the national interest is threatened or affected. The law prohibits retaliation against strikers.

Penalties for violating labor laws range from a minor fine to two months in prison and were adequate to deter violations. Government enforced the right of association and collective bargaining. Administrative and judicial procedures, however, were often subject to lengthy delays and appeals.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law when specific complaints were filed. The Office of National Drug and Money Laundering Control Policy investigates cases of trafficking in persons, including forced labor allegations. The law prescribes penalties of 20 to 30 years’ imprisonment and significant fines. Forced labor occurred in domestic service and the retail sector, particularly in family-owned businesses.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Laws contain definitions that collectively prohibit the worst forms of child labor, but specific details are not in any single statute. The government enforced child labor laws effectively, and there were no reports of child labor law violations during the year.

The law stipulates a minimum working age of 16, although work prohibitions do not apply to family businesses. In some circumstances children younger than 16 are eligible for employment with restrictions, such as not working during school hours and working a maximum number of hours. Persons younger than 18 may not work past 10 p.m., except in certain sectors, and in some cases must have a medical clearance to obtain employment. No list of hazardous work exists for the protection of those younger than 18.

The law requires the Ministry of Labor to conduct periodic inspections of workplaces. There were no reports of illegal child labor; however, there were no child labor inspections. The law allows for a small financial penalty or three months in prison for violations, which were adequate to deter violations.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation regarding race, skin color, sex, age, national origin, citizenship, political beliefs, and disability. Penalties include a fine and up to 12 months in prison. A local NGO representative reported that discrimination occurred in the workplace, without citing specific cases. The Ministry of Labor did not receive any discrimination complaints during the year.

The law does not prohibit employment discrimination based on religion, language, sexual orientation, gender identity, HIV or other communicable disease status, or social status, but the government encouraged employers not to discriminate on these grounds.

e. Acceptable Conditions of Work

The government does not have an established poverty income level. Most workers earned substantially more than the minimum wage.

The law provides that workers are not required to work more than a 48-hour, six-day workweek. The law requires that employees be paid for overtime work at one and one-half times the employees’ basic hourly wage after exceeding 40 hours in the workweek. The Ministry of Labor put few limitations on overtime, allowing it in temporary or occasional cases, but did not allow employers to make regular overtime compulsory.

The law includes occupational safety and health (OSH) provisions. The Ministry of Labor reported that workers are allowed to remove themselves from unsafe situations that endanger their health or safety without jeopardizing their employment. The ministry has the authority to require special safety measures, not otherwise defined in the law, for worker safety. An NGO reported that while the government generally enforced most elements of the labor law, OSH enforcement was less effective. Penalties for violations of OSH laws were not always commensurate with those for similar crimes such as negligence.

Labor inspectors from the Ministry of Labor and the Industrial Court are responsible for enforcement of labor laws in the formal and informal sectors. The government reported there were eight labor inspectors, which was insufficient to enforce full compliance. The government enforced labor laws, including levying remedies and modest fines for nonpayment of wages. Penalties for illegal overtime did not always effectively deter labor violations.

An NGO representative reported that workers in a local distillery were transporting hazardous liquids without adequate protective gear. An electric utility worker was electrocuted while working on a utility pole.

Argentina

Executive Summary

Argentina is a federal constitutional republic. In October 2019 Alberto Fernandez was elected president in elections that local and international observers considered generally free and fair. On the same day, the country also held municipal, provincial, and federal elections. Voters elected governors in 22 of the 24 provinces and one-half of the members of the Chamber of Deputies, representing all of the provinces and the autonomous city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces.

Federal, provincial, and municipal police forces share responsibility for law enforcement and maintenance of law and order. All federal police forces report to the Ministry of Security, while provincial and municipal forces report to a ministry or secretariat within their jurisdiction. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful and arbitrary killings and torture by federal and provincial police; harsh and life-threatening prison conditions; significant problems with the independence of the judiciary; serious acts of corruption; violence motivated by anti-Semitism; and forced labor despite government efforts to combat it.

Judicial authorities indicted and prosecuted a number of sitting and former government officials who committed human rights abuses during the year, as well as officials who committed dictatorship-era (1976-83) crimes.

Section 1. Respect for the Integrity of the Person Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings.

On August 6, provincial police shot and killed 17-year-old Valentino Blas Correas when the driver of the vehicle he was riding in attempted to evade a police checkpoint in the city of Cordoba. Authorities arrested one officer, Javier Catriel Almiron, on charges of qualified homicide and attempted murder, as ballistics tied the fatal bullet to his service weapon.

In March prosecutors confirmed they would pursue charges of “unintentional homicide” against city of Buenos Aires police officer Esteban Armando Ramirez in the death of Jorge Martin Gomez. Closed-circuit cameras captured Ramirez kicking Gomez in the chest during an August 2019 arrest. As a result of the kick, Gomez fell, fractured his skull, and subsequently died. Local media reported the officers involved attempted to cover up their actions. Ramirez claimed he had no intent to kill Gomez, but the victim’s attorneys asked for an increased charge of aggravated homicide, which would carry a potential life sentence as opposed to the one-to-three years’ imprisonment that Ramirez faced for the original charge. As of November proceedings were underway.

The Committee against Torture of the Buenos Aires Provincial Memory Commission reported 134 deaths in 2019 due to unwarranted or excessive force by police in the metropolitan area of Buenos Aires. A domestic nongovernmental organization (NGO) reported there were 401 deaths in 2019 at the hands of police forces. Both organizations asserted that investigations into police violence and the use of lethal force in the province were limited.

Media reported a rise in homicides in Santa Fe Province during the year, with 330 reported through October, compared with 279 during the same period in 2019. Along with the press, NGOs including Insight Crime attributed the high homicide rate to drug trafficking and organized crime. In September Security Minister Sabina Frederic announced she would send 50 federal agents to support local police. Provincial authorities, however, criticized the move as insufficient and requested greater coordination and assistance with federal authorities.

b. Disappearance

There were reports of disappearances by or on behalf of security forces during the year.

Facundo Astudillo Castro disappeared on April 30 while hitchhiking approximately 75 miles from his home to Bahia Blanca, province of Buenos Aires, shortly after police arrested him for violating the COVID-19 quarantine. Authorities recovered Astudillo’s body in a canal four months later, on August 30, and an autopsy by an internationally respected team of forensic anthropologists could not rule out homicide. Prosecutors told local media that provincial police officers were their primary suspects, but as of November 18, they had yet to charge any officers. On July 10, the UN Committee against Forced Disappearance demanded that authorities undertake an immediate and exhaustive investigation. On October 30, Astudillo’s mother decried the slow pace of the investigation and called for the investigative judge leading the case, Maria Gabriel Marron, to recuse herself.

Authorities continued to investigate and prosecute individuals implicated in disappearances, killings, and torture committed during the 1976-83 military dictatorship and the 1974-76 government of Isabel Peron. During the year courts heard testimony by videoconference in two “megacases”–one for dictatorship-era crimes in San Juan Province and another for those at the Campo de Mayo facility near Buenos Aires. Thirty-five individuals faced charges in San Juan and 22 in the Campo de Mayo case.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices and provides penalties for torture similar to those for homicide, but there were reports that police and prison officials tortured prisoners. The Prosecutor General’s Office, the Prison Ombudsman’s National Office (PPN), an independent government body that monitors prison conditions, and the Buenos Aires Provincial Memory Commission’s Committee against Torture (CPM), an autonomous office established by the provincial government, reported complaints of torture perpetrated by provincial and federal prison officials, as did local and international NGOs.

The PPN reported 427 cases of torture or mistreatment in 2019. As of June the PPN had recorded 87 cases. Although the PPN created a National Registry of Cases of Torture in 2010, its reporting remained largely limited to the city and province of Buenos Aires (home to approximately 46 percent of the population).

On July 25, police at the sixth commissary in La Plata, Buenos Aires Province, beat and applied electric shocks to a 17-year-old prisoner during an estimated 10-hour detention, according to the CPM. The CPM noted that the officers apparently filmed their actions and distributed them on social media.

On May 13, authorities arrested eight members of the Buenos Aires provincial police for torturing and sexually abusing 14 female detainees at the third commissary in the municipality of La Matanza. According to local media, in December 2019 and January, police officers forced detainees to disrobe and squat down for extended periods and subjected them to violent and unwarranted cavity searches.

Impunity remained a significant problem in security forces at all levels. Corruption and a slow, politicized judicial system impeded efforts to investigate abuses. The government generally denounced reported abuses and took efforts to train military and security forces at all levels on human rights, including through online training during the COVID-19 pandemic.

Prison and Detention Center Conditions

Prison conditions often were harsh due to overcrowding, poor medical care, and unsanitary conditions. There were reports of forced transfers and the recurrent use of solitary confinement as a method of punishment, particularly in the province of Buenos Aires, which held more than half of the country’s total prison population.

Physical Conditions: Prison overcrowding remained a problem. According to the PPN, as of July 31, the federal penitentiary system was at 95 percent capacity, holding an estimated 11,500 prisoners. As of April, Buenos Aires provincial penitentiaries held almost 42,100 inmates in facilities initially designed for 24,000, according to the Center for Legal and Social Studies. Many pretrial detainees were held with convicted prisoners.

In March and April, prisoners throughout the country staged deadly riots to protest overcrowding and to demand transfer to house arrest due to COVID-19. After the riots, which left seven inmates dead, various courts began to transfer thousands of detainees from prisons in the province and city of Buenos Aires to house arrest to reduce overcrowding and limit the spread of the virus. Judges generally prioritized prisoners in high health-risk categories and nonviolent offenders.

Overcrowding in juvenile facilities often resulted in minors being held in police station facilities, although some NGOs and the national prison ombudsman noted the law prohibits doing so.

Women’s prisons were generally less violent, dangerous, and overcrowded than men’s prisons. Pregnant prisoners were exempted from work and rigorous physical exercise and were transferred to the penitentiary clinic prior to their delivery date. Children born to women in prison were entitled to remain in a special area of the prison with the mother and receive day care until age four.

The Federal Penitentiary Service reported 52 inmate deaths in federal prisons through October 31, of which 19 were violent. By contrast the Committee of Torture of the Buenos Aires Provincial Memory Commission stated that 148 prisoners died in the province of Buenos Aires during 2019–118 due to unattended health problems. The Ministry of Justice had not published official, nationwide statistics on prisoner deaths since 2016.

According to human rights organizations and research centers, inmates in many facilities also suffered from poor nutrition; inadequate medical and psychological treatment; inadequate sanitation, heating, ventilation, and light; limited family visits; and frequent degrading treatment.

In December 2019 a criminal court found former chief Alberto Donza and five fellow officers guilty of neglect after detainees died in a 2017 fire in Police Station No. 1 in Pergamino, Buenos Aires Province. Donza received a 15-year sentence, and the other officers received between six and 14 years’ imprisonment.

Administration: Authorities sometimes conducted investigations of credible allegations of mistreatment. According to local NGOs, prisoners occasionally did not submit complaints to authorities due to fear of reprisal.

Independent Monitoring: The government usually permitted monitoring by independent local and international human rights observers.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Police generally apprehended individuals openly with warrants based on sufficient evidence and issued by a duly authorized official. By law police may detain suspects for up to six hours without an arrest warrant if authorities have a well-founded belief they have committed or are about to commit a crime, or if police are unable to determine the suspect’s identity. In all cases authorities must immediately notify the state attorney’s office of the arrest. The state attorney may approve detention for up to 72 hours. In exceptional cases a judge may extend detention for another 72 hours. Human rights groups reported that police occasionally arrested persons arbitrarily and detained suspects longer than the law permitted or did not follow proper notification procedures.

The law provides detainees with the right to a prompt determination of the legality of their detention by a lower criminal court judge, who determines whether to proceed with an investigation. In some cases there were delays in this process and in informing detainees of the charges against them.

The law provides for the right to bail except in cases involving flight risk or risk of subornation of justice.

Authorities allowed detainees prompt access to counsel and provided public defenders if they were unable to afford counsel. In some cases such access was delayed due to an overburdened judicial system.

Arbitrary Arrest: Local NGOs reported that police on occasion arrested and detained citizens arbitrarily.

On August 19, Buenos Aires city police detained three street vendors of African descent for selling counterfeit goods. Local groups representing informal workers denounced the arrests as an unnecessary and involved excessive use of force. In March 2019 the UN Working Group of Experts on People of African Descent noted that migrants of African descent, especially street vendors, were reportedly the targets of arbitrary arrest and police violence. Human rights organizations also accused police forces of undertaking arbitrary arrests, nominally as a result of a national quarantine against COVID-19, which began on March 20 and ended in phases on November 8. The organizations accused police of failing to register arrests, treating arrestees with excessive force, and placing detainees in settings that threatened their health.

On August 16, onlookers captured video of five police officers violently arresting a woman in Bariloche as she walked her dog in violation of quarantine. Police officials told local press the woman insulted the officers after refusing multiple requests to return home. Bariloche mayor Gustavo Gennuso later announced an investigation into possible excessive use of force.

Pretrial Detention: The law provides for investigative detention of up to two years for indicted persons awaiting or undergoing trial; the period may be extended by one year in limited circumstances. The slow pace of the justice system often resulted in lengthy detentions beyond the period stipulated by law. The PPN reported that 53 percent of prisoners were awaiting trial during the first six months of the year.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but government officials at all levels did not always respect judicial independence and impartiality. According to local NGOs, judges in some federal criminal and ordinary courts were subject at times to political manipulation.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy a presumption of innocence and have the right to legal counsel and free assistance of an interpreter, to remain silent, to call defense witnesses, and to appeal. If needed, a public defender is provided at public expense. At an oral trial, defendants may present witnesses and request expert testimony. Defendants have the right to be present at their hearings, and there is no trial in absentia.

Lengthy delays, procedural logjams, long gaps in the appointment of permanent judges, inadequate administrative support, and general inefficiency hampered the judicial system. Judges’ broad discretion on whether and how to pursue investigations contributed to a public perception that many decisions were arbitrary.

A code of federal criminal procedure passed in 2018 replaced the country’s hybrid federal inquisitive system with a full accusatory system. In June 2019 Salta and Jujuy became the first provinces to implement this accusatory system at the federal level, which is scheduled to extend progressively to the rest of the country. The new code generally requires cases to be brought to trial within one year and resolved within three years. It also implements the use of new investigative techniques and expands victims’ rights. Prosecutors in provinces implementing the new code reported cases that previously took years could now be adjudicated in months. The code transfers investigative responsibilities from magistrates to prosecutors, with assistance from security forces. Full implementation of trial by jury procedures was pending in Corrientes and San Juan. The provinces of Neuquen, Mendoza, Salta, Chaco, Chubut, Entre Rios, Rio Negro, and Buenos Aires provide defendants accused of certain serious crimes the right to a trial by jury. As of October there were no jury trials for federal cases.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Citizens have access to the courts to bring lawsuits seeking damages or the protection of rights provided by the constitution. They may also appeal adverse decisions domestically or to regional human rights bodies, to include the Inter-American Court of Human Rights.

Property Restitution

The country endorsed the 2009 Terezin Declaration, which called on countries to provide for the restitution of property wrongfully seized during the Holocaust, provide access to archives, and advance Holocaust education and commemoration. There were no known claims for movable or immovable property in the country, and it has no restitution laws. The Argentine Commission of Inquiry into the Activities of Nazism, created in 1997, concluded that no looted art was held by the Museo Nacional de Bellas Artes, although the commission admitted that it had not checked any other state-run museum and that it faced difficulties researching the activities of the country’s art market during the Holocaust. The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

On August 28, a federal judge announced an official inquiry into illegal espionage during the administration of former president Mauricio Macri, citing the former heads of Argentine Federal Intelligence (AFI) Gustavo Arribas and Silvia Majdalani among other officials. Members of AFI were accused of having illegally monitored the activities and private communications of politicians (from both ruling and opposition parties), journalists, labor leaders, and religious figures. The investigation continued as of November.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, and the government generally respected this right. An independent press and democratic political system combined to promote freedom of expression, including for the press.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

In October the government announced its intention to create the Observatory on Disinformation and Symbolic Violence in Media and Digital Platforms (Nodio, by its Spanish acronym). The Interamerican Press Society, media outlets, and the national association of journalists expressed concern that Nodio would serve as an extrajudicial tool that the government could use to restrict free speech or regulate media.

In July 2019 the Committee to Protect Journalists (CPJ) expressed concern after a federal judge summoned Daniel Santoro of Clarin newspaper and obtained his telephone records in relation to an investigation. The allegations related to Santoro’s connections with Marcelo D’Alessio, charged with extortion after threatening individuals with negative media coverage. Santoro asserted that D’Alessio was a journalistic source. In April Edison Lanza, the head of the Organization of American States Office for the Special Rapporteur for Freedom of Expression, also criticized Santoro’s prosecution, saying journalists “should not be the target of judicial abuse or other threatening behavior as a reprisal for their work.” In October the same judge charged Santoro with belonging to an “illicit association dedicated to illegal espionage” and carrying out “prohibited intelligence actions.” CPJ Central and South America Program coordinator Natalie Southwick spoke out against the charges, emphasizing that “holding journalists liable for their sources’ actions sets a deeply troubling precedent that opens the door to criminal charges against investigative journalists working to uncover wrongdoing.” The Argentine Media Corporations Association (ADEPA) and the Argentine Journalism Forum (FOPEA) condemned the latest charges against Santoro as an “attempt to criminalize journalism.”

Violence and Harassment: There were reports of physical attacks, threats, and harassment against journalists.

In June FOPEA and ADEPA expressed concern about revelations that AFI may have illegally spied on journalists during the administration of former president Mauricio Macri. FOPEA stated that AFI had actively intimidated journalists and interfered with their reporting.

In June, FOPEA and ADEPA criticized Vice President Christina Fernandez de Kirchner for sharing a video on Twitter that attempted to discredit journalists investigating high-level corruption cases. The organizations warned that such a campaign could foment public and online harassment of journalists.

FOPEA reported only one alleged physical attack against journalists as of September, compared with 27 in the previous year. In July protesters attacked a C5N television crew covering an antigovernment demonstration in Buenos Aires. Two members of the crew received injuries, and protesters smashed windows in one of their vehicles.

Internet Freedom

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.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

In response to the COVID-19 sanitary emergency, a March 19 presidential decree established restrictions on individuals’ ability to gather, including for peaceful protest. Nevertheless, several large-scale antigovernment protests in Buenos Aires and across the country took place without incident after the establishment of these restrictions.

At times police used force to disperse demonstrators. On April 10, police broke up a protest of 300 slaughterhouse workers in the Buenos Aires municipality of Quilmes with rubber bullets and batons, according to local media. The protesters were demanding weeks of back pay after their workplace closed due to the sanitary restrictions.

On September 21, police used violence against nurses protesting for improved pay and working conditions in front of the Buenos Aires city legislature, according to local press. Police spokespersons noted the nurses had attempted to enter the building forcefully.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

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, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Decisions on asylum petitions can take up to two years to adjudicate.

As of September the International Organization for Migration reported 32,911 Venezuelan migrants had arrived in the country during the year. Of those, more than 31,000 requested temporary residence. The National Commission for Refugees received 3,184 requests for refugee status in 2019–approximately 20 percent more than in 2018–and adjudicated 1,680.

As a result of the COVID-19 pandemic and the resulting restrictions on freedom of movement and association, many refugees and migrants lost their jobs and livelihoods, according to UNHCR’s regional representative. Many migrants did not have access to national social programs because they did not have the required documentation or did not meet the requisites. In May the minister of social development, the UNHCR regional representative, and the president of the National Refugee Commission signed a memorandum of agreement to improve the socioeconomic inclusion of migrants and refugees in the country. Through a newly created interagency working group, UNHCR and local authorities delivered food, hygiene, and sanitation kits to refugees in the Buenos Aires region.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Alberto Fernandez was elected president in October 2019 in elections generally considered free and fair. The country also held municipal, provincial, and federal elections. Voters elected half of the members of the Chamber of Deputies, representing all of the provinces and the city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces. Voters also elected governors in 22 provinces, as well as provincial legislators, mayors, and city councils. Local and international observers considered the elections generally free and fair.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, and they did participate. According to a December 2019 study by the National Scientific and Technical Research Council, women held a record 37.7 percent of senior government positions: 106 members, or 41 percent, of the 2019-21 Chamber of Deputies were women–a 3-percent increase from the 2017-19 chamber. The Senate’s gender breakdown remained the same with 29 female senators, approximately 40 percent of the upper house. At provincial levels, women’s participation was uneven, and national authorities recognized that gender parity in political positions had yet to be achieved nationwide. The law requires an electoral list of candidates for national legislative office to contain equal percentages of male and female candidates. The law also states that in the case of the resignation, temporary absence, or death of an elected official, the replacement must be the same gender. The provinces of Buenos Aires, Salta, Chubut, Neuquen, and Santa Fe have gender parity laws pertaining to candidates for provincial and municipal bodies.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; nonetheless, multiple reports alleged that executive, legislative, and judicial officials engaged in corrupt practices with impunity, suggesting a failure to implement the law effectively. Weak institutions and an often ineffective and politicized judicial system undermined systematic attempts to curb corruption.

Corruption: A number of corruption-related investigations against sitting and former high-ranking political figures, including Vice President Cristina Fernandez de Kirchner and former president Mauricio Macri, were underway as of October. In September 2019 a federal judge sent the corruption scandal known as “the notebooks case” to trial. Vice President Cristina Fernandez de Kirchner and 52 other defendants were accused of receiving kickbacks, paying kickbacks, or both on public works contracts between 2008 and 2015 when Fernandez de Kirchner was president. Prosecutors estimated the total value of the bribery scheme at $160 million. Fernandez de Kirchner and her children faced five other financial corruption cases as of November. According to local media, court officials stated pandemic-related delays would delay trials in some of these cases until at least late 2021.

In March a federal court ordered the release of former planning minister Julio De Vido from prison. De Vido had served two years in pretrial detention while facing several corruption charges, and judges ruled that his release would not threaten the investigations. In 2018 de Vido received a sentence of five years and eight months for fraud, misuse of funds, and lack of oversight related to a 2012 train accident that killed 52 persons. That sentence remained under review by the National Cassation Court as of September. De Vido also faced charges in the “notebooks” case and others related to his management of public works projects.

Corruption occurred in some security forces. The most frequent abuses included extortion of, and protection for, those involved in drug trafficking, human trafficking, money laundering, and the promotion of prostitution. Allegations of corruption in provincial as well as in federal courts were also frequent.

Financial Disclosure: Public officials are subject to financial disclosure laws, and the Ministry of Justice and Human Rights’ Anti-Corruption Office is responsible for analyzing and investigating federal executive branch officials, based on their financial disclosure forms. The law provides for public disclosure, but not all agencies complied, and enforcement remained a problem. The office is also responsible for investigating corruption within the federal executive branch and in matters involving federal funds, except for funds transferred to the provinces. As part of the executive branch, the office does not have authority to prosecute cases independently, but it can refer cases to other agencies or serve as the plaintiff and request a judge to initiate a case.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials usually were cooperative and generally responsive to their views.

Government Human Rights Bodies: The government has a human rights secretariat within the Ministry of Justice and Human Rights. Its main objective is to coordinate within the ministry and collaborate with other ministries and the judiciary to promote policies, plans, and programs for the protection of human rights. It published leaflets and books on a range of human rights topics.

NGOs argued that the government’s failure to fill the post of national ombudsman, vacant since 2009, undermined the office’s mandate to protect human rights.

The Prosecutor General’s Office of Crimes against Humanity investigated and documented human rights violations that occurred under the 1976-83 military dictatorship.

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

Women

Rape and Domestic Violence: Rape of men and women, including spousal rape, is a crime. The penalties range from six months’ to 20 years’ imprisonment, depending on the ages of the perpetrator and victim, their relationship, and the use of violence, among other factors. Most perpetrators received penalties between six and 15 years’ imprisonment. There were anecdotal reports of police or judicial reluctance to act on rape cases; women’s rights advocates alleged the attitudes of police, hospitals, and courts toward survivors of sexual violence sometimes victimized them again, often by forcing them to recount details of their trauma, conflating silence with consent, or admitting as evidence their past sexual history.

The law prohibits domestic violence, including spousal abuse. Survivors may secure protective measures. The laws were generally enforced, and survivors generally had access to protective measures. The law imposes a stricter penalty than murder on those who kill their spouses, partners, or children as a consequence of their gender. According to local NGOs, lack of police and judicial vigilance often led to a lack of protection for victims. The law requires all federal employees to receive training on gender and gender-based violence. The law was enforced, including for cabinet-level officials and the president.

The National Register of Femicides, maintained by the Supreme Court’s Office of Women, recorded that 268 women died as a result of domestic or gender-based violence during 2019. As of July 31, the National Ombudsman’s Office reported 168 women died as a result of violence. Approximately 17 percent of these victims had previously filed formal complaints. In August the Ministry of Women, Gender, and Diversity (Ministry of Women) noted that reports of gender-based violence increased approximately 28 percent during the COVID-19 quarantine.

In June the Ministry of Women launched a two-year national plan against gender-based violence, which included a proposal for a dedicated budget. The ministry also operated a 24-hour hotline for victims of gender-based violence and created emergency WhatsApp and email contact channels for victims unable to speak on the telephone. The Supreme Court’s Office of Domestic Violence provided around-the-clock protection and resources to victims of domestic violence. The office also carried out risk assessments necessary to obtain a restraining order. Public and private institutions offered prevention programs and provided support and treatment for abused women. A national network of shelters included 89 facilities, although the government had planned to construct approximately 30 more by 2019. In August the Ministry of Women launched a national program to build the capacity of these shelters. The 2018 Brisa Law provides for the financial support of children who lost their mothers to gender-based violence; however, many families complained of delays in receiving payment. As of December 2019, an estimated 345 children and young adults had received support through the program. By July 20, however, that number had nearly doubled to 623, as authorities said they had placed particular emphasis on the program.

Sexual Harassment: The law prohibits sexual harassment in the public sector and imposes disciplinary or corrective measures. In some jurisdictions, such as the city of Buenos Aires, sexual harassment could lead to the abuser’s dismissal, whereas in others, such as Santa Fe Province, the maximum penalty is five days in prison. It does not prohibit sexual harassment in employment more broadly.

On April 16, the Senate passed a law that penalizes harassment in public spaces as a form of gender-based violence.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, and violence, although access could be limited for indigenous or rural populations. Access to sexual and reproductive health services, information, and contraception was generally available, but there was a reported lack of access to modern contraceptive methods due to the COVID-19 pandemic. Data from the National Ministry of Health showed a 70-percent decrease in the distribution of short-term contraceptive methods during the year compared to 2019. According to the United Nations Population Fund (UNFPA), 1.093 million women in the country stopped contraception during the year due either to a reduction in family income or to a lack of supply from public health services.

On December 30, the National Congress passed the Voluntary Interruption of Pregnancy (IVE) bill that legalized abortion up to the fourteenth week of gestation. After this period, the law permits medical professionals to perform abortions only in the case of rape or danger to the life of the mother. Before the legalization of the bill, health personnel’s actions were guided by a December 2019 protocol issued by the national Ministry of Health that generally only permitted abortions in the case of rape or danger to the life of the mother. Nonetheless, social and cultural barriers adversely affected access. There were reports that provincial health-care providers and facilities, especially in remote and conservative regions, intentionally delayed and obstructed access to abortion. In one example in December, a 12-year-old girl gave birth to twins as a result of rape after being denied an abortion by local authorities. The National Direction of Sexual Health contacted provincial authorities to provide immediate assistance for the girl, but the assistance was reportedly late and inadequate.

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

Discrimination: The constitution provides the same legal status and rights for women and men and prohibits discrimination in employment based on gender. The government generally enforced the law, although discrimination remained a persistent and pervasive problem in society.

The Supreme Court’s Office of Women trained judges, secretaries, and clerks to handle court cases related to gender issues and to ensure equal access for women to positions in the court system. The office also trained judges, prosecutors, judicial staff, and law enforcement agents to increase awareness of gender-related crimes and develop techniques to address gender-related cases and victims.

Women are not able to work in all the same industries as men; there are restrictions on their employment in the mining, manufacturing, and transportation sectors. There are also restrictions on women working in jobs deemed hazardous or arduous. On November 11, Congress ratified the International Labor Organization’s Convention 190 on Eliminating Violence and Harassment in the World of Work. The convention was scheduled to enter into effect in June 2021.

In August the Ministry of Justice and Human Rights issued a resolution requiring civil society organizations and businesses to respect gender parity in the composition of their administrative boards. According to the resolution, at least one-third of the members of an organization’s administration and oversight bodies must be women.

Children

Birth Registration: The government provides universal birth registration, and citizenship is derived both by birth within the country’s territory and from one’s parents. Parents have 40 days to register births, and the state has an additional 20 days to do so. The Ministry of Interior and Transportation may issue birth certificates to children younger than age 12 whose births were not previously registered.

Child Abuse: By law sexual abuse of a child is a punishable offense, with sentences of up to 20 years in prison. Physical harm to a child is punishable with up to 15 years in prison. Child abuse was common; the Supreme Court’s Office of Domestic Violence reported that approximately 30 percent of the complaints it received between March 20 and July 17, the strictest period of the COVID-19 quarantine, involved children. The government maintained a 24-hour hotline staffed by professional child psychologists for free consultations and advice.

Child, Early, and Forced Marriage: Children older than age 16 are legally allowed to marry with parental permission. Children younger than 16 are required to obtain judicial authorization in addition to parental consent.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and the sale, offering, or procuring of children for prostitution. Authorities generally enforced the law; however, sexual exploitation of children, including in prostitution, was a problem. The minimum age of consensual sex is 13, but there are heightened protections for persons ages 13 to 16. A statutory rape law provides for penalties ranging from six months to 20 years in prison, depending on the age of the victim and other factors.

In June a trial began for two nuns and seven former employees of a group of schools for hearing-impaired children, the Antonio Provolo Institutes. A reported 67 students claimed abuses between 1983 and 2002. This followed the November 2019 convictions of two former priests at the school, Nicola Corradi and Horacio Corbacho, found guilty of child sexual abuse and sentenced to 42 and 45 years in prison, respectively.

The law prohibits the production and distribution of child pornography, with penalties ranging from six months to four years in prison. Possession of child pornography is a criminal offense.

During the year prosecutors from the nationwide Point of Contact Network against Child Pornography on the Internet pursued cases of internet child pornography. The city of Buenos Aires Public Ministry’s Judicial Investigative Bureau served as the primary point of contact for receiving and distributing child pornography leads from the National Center for Missing and Exploited Children to prosecutors and police forces across the country. The Buenos Aires’ Public Defender’s Office reported a 30-percent year-on-year increase in reports of the production and distribution of images of sexual exploitation of children during the two-month period between March 19 and May 18, coinciding with the first 60 days of a nationwide lockdown in response to COVID-19.

In September, Federal Police arrested eight individuals after a series of raids in Buenos Aires, Chaco, Salta, Cordoba, and Rio Negro Provinces targeting a child pornography network that had at least 406 subscribers in the country and more than 1,700 around the world. The raids followed a three-year investigation by Federal Police into the ring.

In September 2019 local authorities arrested former police officer Rodolfo Suarez for involvement in a network of child pornography that had victimized an estimated 1,200 children between the ages of four months and 14 years since 2003. The man posed as a producer of youth television to lure his victims. In August a judge in the city of Buenos Aires sent Suarez’s case to trial.

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

Anti-Semitism

Estimates of the size of the Jewish community varied, but the most recent data available, published by the Berman Jewish Databank, estimated the population at 180,300 in 2018. Sporadic acts of anti-Semitic discrimination and vandalism continued. The Delegation of Argentine Jewish Associations (DAIA) recorded 918 complaints of anti-Semitism in 2019, compared with 834 in 2018, a 10-percent increase. The most commonly reported anti-Semitic incidents tracked by the report were slurs posted on various websites, often in relation to news articles. Other incidents included graffiti and verbal slurs.

On June 4, the Ministry of Foreign Affairs, International Commerce, and Worship issued a resolution adopting the definition of anti-Semitism established by the International Alliance for Holocaust Remembrance (IHRA) within the executive branch. The resolution invited the country’s other branches and levels of government to join in adopting the IHRA definition.

On April 1, television journalist Tomas Mendez associated the origin of the COVID-19 virus with “the world’s wealthiest people born in the United States and Israel” during his program Federal Journalism. DAIA and the ambassador for Israel, among others, criticized the remarks, and National Institute against Discrimination, Xenophobia, and Racism began an official inquiry for anti-Semitism. On April 2, Mendez publicly apologized for his remarks.

Trafficking in Persons

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

Persons with Disabilities

The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced the law, but there were scattered reports of discrimination. Various government agencies offered a variety of services and programs to individuals with disabilities, including community-based rehabilitation programs, sports and recreation facilities, braille translation services, legal services, and a variety of pensions and subsidies. The law also mandates access to buildings by persons with disabilities. According to a 2016 report by the ombudsman of the city of Buenos Aires, only 33 percent of the metropolitan subway stations had elevators or escalators. While the city worked to install new elevators and escalators and to repair existing ones, the city’s ombudsman visited several of the subway’s newest stations in July 2019 and found that several of the elevators did not work.

With the slogan “End Forced Sterilizations,” several human rights organizations launched a campaign in October to change a 2006 law they argued had led to the sterilizations of many persons with disabilities without their consent. The law was written to provide all citizens with access to certain surgical contraceptive measures but allows legal representatives to provide consent for any individual declared legally incompetent. The organizations argued that this loophole, along with broad societal acceptance of forced sterilizations of individuals with disabilities, had led to extensive use of the practice.

While the federal government has protective laws, many provinces had not adopted such laws and had no mechanisms to ensure enforcement. An employment quota law reserves 4 percent of federal government jobs for persons with disabilities. Data from the National Institute of Statistics showed that in 2018 only an estimated 32 percent of working-age individuals with a disability were employed.

In 2019 Congress proposed and passed a 56-percent budget increase for the National Disability Agency, which provides a range of services and subsidies for persons with disabilities. In March the government provided additional funds to the agency to help ensure the needs of individuals with disabilities could be met during the COVID-19 pandemic. While the government made exceptions to the quarantine restrictions to assist persons with disabilities, there were no exceptions to provide appropriate education to children with disabilities.

Indigenous People

The constitution recognizes the ethnic and cultural identities of indigenous peoples and states that Congress shall protect their right to bilingual education, recognize their communities and the communal ownership of their ancestral lands, and allow for their participation in the management of their natural resources.

A study conducted during the year with researchers from eight universities examined the situation of 27 indigenous groups and found that indigenous persons were more likely to be employed informally than the general public (70 percent, compared with 44 percent). The study noted that indigenous persons often could not access social service programs in the isolated areas where many of them lived and that these communities lacked basic infrastructure, including clean water.

The lack of trained teachers hampered government efforts to offer bilingual education opportunities to indigenous peoples.

Indigenous peoples were not fully consulted in the management of their lands or natural resources, particularly lithium, in part because responsibility for implementing the law is delegated to the 23 provinces, the constitutions of only 11 of which recognize indigenous rights.

Projects carried out by the agricultural and extractive industries displaced individuals, limited their access to traditional means of livelihood, reduced the area of lands on which they depended, and caused pollution that in some cases endangered the health and welfare of indigenous communities. Conflict occurred when authorities evicted indigenous peoples from ancestral lands then in private ownership.

Local media reported that provincial police violently entered three homes belonging to members of the Qom community in Fontana, Chaco Province, on May 31. According to the Center for Legal and Social Studies, many of the officers were in plain clothes and did not possess a search warrant. Police took four individuals into custody after a physical struggle, including one 16-year-old, and later continued to insult, threaten, and torture them at the police station. A judge released the individuals on July 8, finding that the search of their homes was illegal and involved “humiliation.” Cases were pending against four officers as of November.

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

The National Observatory of Hate Crimes registered 177 official complaints of hate crimes against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals in 2019. This represented an approximate 20-percent increase over 2018 and included 16 killings of LGBTI individuals.

National antidiscrimination laws do not specifically include the terms “sexual orientation or gender identity” as protected grounds, only “sex.” There was no reported official discrimination, however, based on sexual orientation or gender identity in employment, housing, or access to education. There were some cases of discrimination based on sexual orientation or gender identity in access to health care. Officials from the Ministry of Women, as well as media and NGOs, reported cases of discrimination, violence, and police brutality toward LGBTI individuals, especially transgender persons.

In August the Ministry of Women and the minister of health expressed concern that the Argentine Association of Hemotherapy, Immunohematology, and Cell Therapy would not allow members of the LGBTI community to donate blood because of their sexual orientation. In August, Emiliano Ivaldi, a recovered COVID-19 patient, was not allowed to donate plasma at the Eva Peron Hospital in the province of Santa Fe. Hospital authorities justified the decision based on the fact that Ivaldi was homosexual.

On September 4, President Fernandez decreed that at least 1 percent of the positions in public administration must be held by transvestites, transsexuals, and transgender persons. On September 15, the Senate implemented a similar decree to regulate its own hiring practices.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes; the government generally respected these rights. The law prohibits discrimination against unions and protects workers from dismissal, suspension, and changes in labor conditions. It also prohibits military and law enforcement personnel from forming and joining unions. The government effectively enforced the law, and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Complaints of unfair labor practices can be brought before the judiciary. Violations of the law may result in a fine being imposed on the employer or the relevant employers’ association, as appropriate. There were cases of significant delays or appeals in the collective bargaining process.

The law allows unions to register without prior authorization, and registered trade union organizations may engage in certain activities to represent their members, including petitioning the government and employers. The law grants official trade union status to only one union deemed the “most representative,” defined by law as the union that has the highest average proportion of dues-paying members to number of workers represented, per industrial sector within a specific geographical region. Only unions with such official recognition receive trade union immunity from employer reprisals against their officials, are permitted to deduct union dues directly from wages, and may bargain collectively with recourse to conciliation and arbitration. The most representative union bargains on behalf of all workers in a given sector, and collective agreements cover both union members and nonmembers in the sector. The law requires the Ministry of Labor, Employment, and Social Security (Ministry of Labor) to ratify collective bargaining agreements.

The Argentine Workers’ Central Union and other labor groups not affiliated with the General Confederation of Labor continued to contend that the legal recognition of only one union per sector conflicted with international standards, namely International Labor Organization (ILO) Convention No. 87, and prevented these unions from obtaining full legal standing. A September 3 Supreme Court ruling upheld the constitutionality of the law.

Civil servants and workers in essential services may strike only after a compulsory 15-day conciliation process, and they are subject to the condition that unspecified “minimum services” be maintained. Once the conciliation term expires, civil servants and workers in essential services must give five days’ notice to the administrative authority and the public agency against which they intend to strike. If “minimum services” are not previously defined in a collective bargaining agreement, all parties then negotiate which minimum services will continue to be provided and a schedule for their provision. The public agency, in turn, must provide clients two days’ notice of the impending strike.

Employers generally respected the right to bargain collectively and to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government generally enforced the law. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

Despite these mechanisms, forced labor, including forced child labor, occurred. The Ministry of Labor carried out regular inspections across the country. Efforts to hold perpetrators accountable continued. The National Registry for Rural Workers and Employers reported 28 forced labor complaints during the first half of the year, 12 of which were under investigation by the Special Prosecutors’ Office for Human Trafficking and Exploitation.

Employers subjected a significant number of Bolivians, Paraguayans, and Peruvians, as well as Argentines from poorer northern provinces, to forced labor in the garment sector, agriculture, street vending, charcoal and brick production, construction, domestic work, and small businesses (including restaurants and supermarkets). Traffickers exploited Chinese citizens working in supermarkets to debt bondage. Traffickers compelled trafficking victims to transport drugs through the country’s borders. Men, women, and children were victims of forced labor, although victims’ typical gender and age varied by employment sector (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16. In rare cases labor authorities may authorize a younger child to work as part of a family unit. Children ages 16 to 18 may work in a limited number of job categories and for limited hours if they have completed compulsory schooling, which normally ends at age 18. Children younger than 18 cannot be hired to perform perilous, arduous, or unhealthy jobs. The law requires employers to provide adequate care for workers’ children during work hours to discourage child labor.

Provincial governments and the city government of Buenos Aires are responsible for labor law enforcement. Penalties for employing underage workers were generally sufficient to deter violations.

While the government generally enforced applicable laws, observers noted some inspectors were acquainted or associated with the persons they inspected, and corruption remained an obstacle to compliance, especially in the provinces. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. In August the Ministry of Labor presented a National Program to Build Capacity of Provincial Committees for the Eradication of Child Labor, with the goal of improving national-provincial coordination.

Children were engaged in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, including forced labor in domestic servitude, agriculture, and production of garments, and illicit activities such as the transport and sale of drugs. The government published the final report from its 2016-17 national child labor survey in 2018. The National Survey on Children and Youth Activities found 19.8 percent of children in rural areas performed at least one form of labor, while 8.4 percent of children in urban areas did so.

Similar patterns emerged with adolescents, which the report defined as children 16 and 17 years old. The report found 43.5 percent of adolescents in rural areas and 29.9 percent in urban areas engaged in at least one form of labor. Principal activities were helping in a business or office; repair or construction of homes; cutting lawns or pruning trees; caring for children, the elderly, or the infirm; helping in a workshop; making bread, sweets, or other food for sale; gathering paper, boxes, cans, and other recyclables in the street; handing out flyers or promotional materials for a business; cleaning homes and businesses or washing and ironing clothes for others; and cultivating or harvesting agricultural products.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment based on race, religion, nationality, sex, physical characteristics, social or economic status, or political opinion, and the government generally enforced the law. Penalties were commensurate with laws related to civil rights. The most prevalent cases of workplace discrimination were based on disability, gender, and age. Discrimination also occurred on the basis of HIV-positive status and against individuals of indigenous origin. Women are prohibited from working in certain industries; for example, there are restrictions on their employment in the mining, manufacturing, and transportation sectors. There are also restrictions on women working in jobs deemed hazardous or arduous.

Although women enjoyed the same legal status and rights as men, they continued to face economic discrimination. Women held a disproportionately high proportion of low paying, informal jobs and significantly fewer executive positions in the private sector than men, according to several studies. Although equal pay for equal work is constitutionally mandated, women earned approximately 25 percent less than men earned for equal or similar work.

e. Acceptable Conditions of Work

The minimum wage remained below the official poverty income level for a family of four, despite a 35-percent increase announced in October 2019. Most workers in the formal sector earned significantly more than the minimum wage. The minimum wage generally served to mark the minimum pay an informal worker should receive.

Federal law sets standards in workhours and occupational safety and health. The maximum workday is eight hours, and the maximum workweek is 48 hours. Overtime pay is required for hours worked in excess of these limits. The law prohibits excessive overtime and defines permissible levels of overtime as three hours a day. Labor law mandates between 14 and 35 days of paid vacation, depending on the length of the worker’s service.

The law sets premium pay for overtime, adding an extra 50 percent of the hourly rate on ordinary days and 100 percent on Saturday afternoons, Sundays, and holidays. Employees cannot be forced to work overtime unless work stoppage would risk or cause injury, the need for overtime is caused by an act of God, or other exceptional reasons affecting the national economy or “unusual and unpredictable situations” affecting businesses occur.

The Ministry of Labor has responsibility for enforcing legislation related to working conditions. The government sets occupational safety and health (OSH) standards, which were current and appropriate for the main industries in the country. The government effectively enforced OSH laws. Penalties for violations of OSH laws were commensurate with those for crimes like negligence. The law requires employers to insure their employees against accidents at the workplace and when traveling to and from work. The law requires employers either to provide insurance through a labor-risk insurance entity or to provide their own insurance to employees to meet requirements specified by the national insurance regulator. The law limits the worker’s right to file a complaint if he or she does not exhaust compulsory administrative proceedings before specified medical committees.

Laws governing acceptable conditions of work were not enforced universally, particularly for workers in the informal sector (approximately 35 percent of the labor force). The Ministry of Labor continued inspections to ensure companies’ workers were registered and formally employed. Inspectors had the authority to make unannounced inspections and to initiate sanctions. The ministry conducted inspections in various provinces, but the Labor Inspectorate employed well below the number of inspectors recommended by the ILO, given the size of the workforce. The Superintendence of Labor Risk served as the enforcement agency to monitor compliance with OSH laws and the activities of the labor risk insurance companies.

Workers could not always recuse themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities did not effectively protect employees in these circumstances. Through September the Ministry of Labor reported receipt of 81,000 occupational safety complaints related to COVID-19, especially in the health sector. As a result, the sector surpassed the traditionally more dangerous manufacturing and mining sectors in the number of complaints received.

Bahamas

Executive Summary

The Commonwealth of The Bahamas is a constitutional parliamentary democracy. Prime Minister Hubert Minnis’s Free National Movement won control of the government in 2017 elections international observers found to be free and fair.

The Royal Bahamas Police Force maintains internal security. The Royal Bahamas Defence Force is primarily responsible for external security but also provides security at the Carmichael Road Detention Centre (for migrants) and performs some domestic security functions, such as guarding embassies. Both report to the minister of national security. Civilian authorities maintained effective control over the security forces. There were no reports of significant abuses by the security forces.

Significant human rights issues included degrading treatment of prisoners and harsh prison conditions. Libel is criminalized, although it was not enforced during the year.

The government had mechanisms in place to identify and punish officials who commit human rights abuses.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings during the year.

The government reported 12 cases of shooting incidents involving police, including from previous years, pending with the coroner’s court. In a case in which an off-duty police officer allegedly shot and killed a man in Exuma District, the Royal Bahamas Police Force dismissed the officer and took him into custody. He was charged with manslaughter and denied bail.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture and cruel, inhuman, or degrading treatment or punishment. At times citizens and visitors alleged instances of cruel or degrading treatment of criminal suspects or of migrants by police or immigration officials. Individuals detained in jails complained they were denied access to medical care and food and were degraded through name-calling and homophobic slurs.

Impunity was not a significant problem. The government had mechanisms in place to identify and punish officials who commit human rights abuses. In June the police commissioner and the coroner’s court disagreed regarding who should investigate police-involved shootings.

Prison and Detention Center Conditions

Conditions at the government’s only prison, the Bahamas Department of Correctional Services (BDCS) facility commonly known as Fox Hill Prison, were harsh due to overcrowding, poor nutrition, inadequate sanitation, poor ventilation, and inadequate medical care, although the government initiated some improvements. Conditions at the Carmichael Road Detention Centre for migrants were adequate for short-term detention only.

Physical Conditions: Overcrowding, poor sanitation, and inadequate access to medical care were problems in the men’s maximum-security block, while inadequate access to clean drinking water was an issue in the men’s maximum-security block, remand, and the women’s block. The BDCS facility was designed to accommodate 1,000 prisoners but held 1,617 inmates as of December. Juvenile pretrial detainees were held with adults at the BDCS remand center, a minimum-security section of the prison.

The government stated it complied with its legal obligations to provide for showering, exercise, doctor visits, lawyer visits, and visitation. Among male inmates, only those in the medium- and minimum-security wards were allowed to exercise daily with the exception of weekends and holidays. Due to COVID-19, authorities limited nonprison food vendor sales and suspended meals brought by family members. Prisoners reported infrequent access to clean drinking water and an inability to store potable water due to a lack of storage containers. Maximum-security cells for men measured approximately six feet by 10 feet and held up to six persons with no mattresses, running water, or toilet facilities. Inmates removed human waste by bucket. Prisoners complained of the lack of beds and bedding. Some inmates developed bedsores from lying on the bare ground. Sanitation was a general problem, with cells infested with rats, maggots, and insects. Ventilation was also a problem, and some inmates complained of mold and mildew. The government claimed to provide prisoners in maximum-security areas access to toilets and showers one hour a day. The women’s facilities were generally more comfortable, with dormitory-style quarters and adequate bathrooms.

The availability of clearly labeled, prescribed pharmaceuticals and access to physician care was sporadic. Prisoners consistently complained that prison authorities did not take their health concerns seriously. Sick male inmates and male inmates with disabilities had inadequate access to the medical center. One inmate, who requested assistance for a series of medical complications, died at BDCS in October. The inmate’s family had been permitted to provide him with nutritional supplements and healthy meals until the COVID-19 pandemic forced the prison to restrict visitors. Absent outside support and adequate prison care, the inmate died in his cell.

In February a correctional officer beat a prisoner, causing a leg injury that required surgery. The government stated it charged the officer with use of unnecessary force and referred the matter to a disciplinary tribunal at the Department of Correctional Services.

Despite the suspension of visitations due to the COVID-19 pandemic, inmates were allowed to remain in contact with relatives via the inmate telephone system, the prerelease unit, and the chaplain’s office.

At the Carmichael Road Detention Centre in June, a group of detained Haitian migrants, frustrated at their prolonged detention, damaged fencing and conducted a short hunger strike. The government had suspended repatriation flights to Haiti due to the COVID-19 pandemic. Ten days after the protest, however, the government repatriated 75 migrants to Haiti, the first deportation since March. Eight asylum seekers remained detained for approximately one year while they awaited a government decision on their cases.

Administration: The Internal Affairs Unit and a disciplinary tribunal at the BDCS facility are responsible for investigating any credible allegations of abuse or substandard conditions. Despite media reports of abuse at BDCS, the government stated there were no instances of abuse or mistreatment.

Independent Monitoring: Human rights organizations reported the government did not grant requests for access to the maximum-security block of the BDCS facility. Independent observers, including the Office of the UN High Commissioner for Refugees (UNHCR) and the Bahamas Red Cross, were regularly able to visit the primary detention center and speak with detainees held at the government’s safe house for mothers and children, including asylum seekers and refugees. The UNHCR office was vacant for the first half of the year due to staff turnover.

Improvements: The government took steps to improve prison conditions, including by introducing biodegradable bags for proper waste disposal, constructing 100 bunk beds, and installing flooring, air conditioning, and masonry in parts of the maximum-security area. In addition inmates noted repairs to water flow during the year and a reopened prison library. At the Carmichael Road Detention Centre, the government replaced floor tiles in all dormitories.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, and the government generally observed these requirements. The constitution provides for the right of persons to challenge the lawfulness of their arrest or detention in court, although this process sometimes took several years.

Arrest Procedures and Treatment of Detainees

Police officers generally obtained judicially issued warrants when required for arrests. Serious cases, including suspected narcotics or firearms offenses, do not require warrants where probable cause exists. The law states authorities must charge a suspect within 48 hours of arrest. Arrested persons must appear before a magistrate within 48 hours (or by the next business day for cases arising on weekends and holidays) to hear the charges against them, although some persons on remand claimed they were not brought before a magistrate within the 48-hour period. Police may apply for a 48-hour extension upon simple request to the court and for longer extensions with sufficient showing of need. The government respected the right to a judicial determination of the legality of arrests. The constitution provides the right for those arrested or detained to retain an attorney at their own expense; volunteer legal aides were available only for serious felonies being tried in the Supreme Court. Access to legal representation was inconsistent, including for detainees at the detention center. Minors receive legal assistance only when charged under offenses before the Supreme Court; otherwise, there is no official representation of minors before the courts.

A functioning bail system exists. Individuals who were unable to post bail were held on remand until they faced trial. Judges sometimes authorized cash bail for foreigners arrested on minor charges; however, foreign suspects generally preferred to plead guilty and pay a fine.

As of July there were 73 complaints against police for abusing detainees, compared with 72 such complaints during same period in 2019. As a result of investigations, two officers were reduced in rank and one was required to resign. Other actions were pending the completion of investigations.

Pretrial Detention: Attorneys and other prisoner advocates continued to complain of excessive pretrial detention due to the failure of the criminal justice system to try even the most serious cases in a timely manner. The constitution provides that authorities may hold suspects in pretrial detention for a “reasonable period of time,” which was interpreted as two years. Authorities released selected suspects awaiting trial with an ankle bracelet on the understanding the person would adhere to strict and person-specific guidelines defining allowable movement within the country. Of the 1,617 inmates, 37 percent (598 inmates) were in pretrial detention.

The Department of Immigration detained irregular migrants, primarily Haitians, while arranging for them to leave the country or until the migrant obtained legal status. The average length of detention varied significantly by nationality, by the willingness of other governments to accept their nationals back in a timely manner, and by the availability of funds to pay for repatriation. Authorities aimed to repatriate Haitians within one to two weeks, but the COVID-19 pandemic impeded routine repatriation flights.

The government continued to enforce the law requiring noncitizens to carry their passport and proof of legal status in the country. Some international organizations alleged that enforcement focused primarily on individuals of Haitian origin, that the rights of children were not respected, and that expedited deportations did not allow time for due process. There were also widespread credible reports that immigration officials solicited and accepted bribes to prevent detention or to grant release. One individual, claiming he was born in The Bahamas, said authorities apprehended him and held him at the Carmichael Road Detention Centre for migrants before he bribed several officials to release him.

Activists for the Haitian community acknowledged alleged victims filed few formal complaints with government authorities and attributed this to a widespread perception of impunity for police and immigration authorities and fear of reprisal.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Procedural shortcomings and trial delays were problems. The courts were unable to keep pace with criminal cases, and there was a continued backlog.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy the right to a presumption of innocence until proven guilty, to be informed promptly and in detail of the charges, to a fair and free public trial without undue delay, to be present at their trial, to have adequate time and facilities to prepare a defense, to receive free assistance of an interpreter, and to present their own witnesses and evidence. Although defendants generally have the right to confront adverse witnesses, in some cases the law allows witnesses to testify anonymously against accused perpetrators in order to protect themselves from intimidation or retribution. Defendants have the right to not be compelled to testify or confess guilt and the right to appeal.

Defendants may hire an attorney of their choice. The government provided legal representation only for serious felonies being tried in the Supreme Court, leaving large numbers of defendants without adequate legal representation. Lack of representation contributed to excessive pretrial detention, as some accused lacked the means to advance their cases toward trial.

Numerous juvenile offenders appear in court with an individual who is court-appointed to protect the juvenile’s interests (guardian ad litem). A conflict arises when the magistrate requests “information” regarding a child’s background and requests the child-welfare social worker to prepare a probation report to include a recommendation on the sentence for the child. In essence the government-assigned social worker tasked with safeguarding the welfare of the child is also tasked with recommending an appropriate punishment for the child.

A significant backlog of cases was awaiting trial, with delays reportedly lasting years. The government suspended jury trials due to the COVID-19 pandemic, hindering its efforts to address the backlog. Once cases went to trial, they were often further delayed due to poor case and court management, such as inaccurate handling or presentation of evidence and inaccurate scheduling of witnesses, jury members, and defendants for testimony. The judiciary took concrete steps toward procuring and implementing a digital case-management system to help alleviate the backlog.

Local legal professionals also attributed delays to a variety of long-standing systemic problems, such as inadequate coordination between investigators and prosecutors, insufficient forensic capacity, outdated file management, lengthy legal procedures, and staff shortages in the Prosecutor’s Office and the courts.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary in civil matters, and there is access to a court to file lawsuits seeking damages for, or cessation of, human rights violations.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and the government generally respected these prohibitions. Immigration enforcement activities slowed greatly due to the COVID-19 pandemic, but there were sporadic reports of abuse. In one instance police were reportedly involved in a physical altercation with a 16-year-old boy inside his residence during an immigration operation in an informal settlement on New Providence.

While the law usually requires a court order for entry into or search of a private residence, a police inspector or more senior police official may authorize a search without a court order where probable cause exists to suspect a weapons violation or drug possession.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression. Independent media were active and expressed a wide variety of views without restriction.

Libel/Slander Laws: The law criminalizes both negligent and intentional libel, with a penalty of six months’ imprisonment for the former and two years for the latter. The government did not apply the criminal libel law during the year.

Internet Freedom

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

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Nongovernmental organization (NGOs) claimed the government did not adequately accommodate the approximately 8,000 residents of Grand Bahama, Abaco, and the surrounding cays displaced by Hurricane Dorian. The government housed more than 2,000 persons, including many undocumented migrants–mostly Haitian–in temporary shelters on New Providence. The government allowed international and local NGOs access to the displaced migrants. Although all shelters were closed by July, the government stated it continued to provide food and rental assistance to some hurricane evacuees.

f. Protection of Refugees

The government sometimes cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, stateless persons, and other persons of concern. The government provided COVID-19 medical assistance to all, regardless of immigration status. It requested the assistance of NGOs in translating written COVID-19 health guidance for migrants who speak Creole, Spanish, Chinese Mandarin, and Tagalog.

Abuse of Migrants, Refugees, and Stateless Persons: Migrants continued to accuse police and immigration officers of soliciting bribes. Human rights organizations alleged that bias against migrants, particularly those of Haitian descent, continued, including through eviction notices in informal settlements. The government generally enforced its immigration policies equally on all irregular migrants, regardless of nationality or origin.

Refoulement: The government had an agreement with the government of Cuba to expedite removal of Cuban detainees. The announced intent of the agreement was to reduce the amount of time Cuban migrants spent in detention; however, concerns persisted the agreement allowed for information-sharing that heightened the risk of oppression from the Cuban government of detainees and their families. The government did not force asylum seekers or refugees to return to countries where they were likely to face persecution or torture.

Access to Asylum: The effects in September 2019 of Hurricane Dorian continued to have an impact on access to asylum as the government tried to accommodate thousands of individuals displaced by the storm, including hundreds of irregular migrants, while simultaneously enforcing its immigration laws.

While the law does not provide protection for asylum seekers, the government may issue special refugee cards allowing them to work. It did not issue any such cards to the approximately 30 asylum seekers during the year. Access to asylum in the country is informal since there is no legal framework under which legal protections and practical safeguards could be implemented. The lack of refugee legislation or formal policy and an official government point of contact complicated UNHCR’s work to identify and assist asylum seekers and refugees.

According to the government, trained individuals were available to screen applicants for asylum and refer them to the Department of Immigration and the Ministry of Foreign Affairs for further review. Government procedure requires the ministry to forward approved applications to the cabinet for a final decision on granting or denying asylum. The government was slow to respond to repeated written requests from UNHCR for a meeting to discuss pending asylum cases, including for eight asylum seekers who were detained at Carmichael Road Detention Centre for more than one year.

Authorities did not systematically involve UNHCR in asylum proceedings but allowed UNHCR to interview detained asylum seekers.

g. Stateless Persons

Not all individuals born in the country are automatically afforded Bahamian citizenship. For example, children born in the country to non-Bahamian parents, to an unwed Bahamian father and a non-Bahamian mother, or outside the country to a Bahamian mother and a non-Bahamian father do not acquire citizenship at birth. The government did not effectively implement laws and policies to provide certain habitual residents the opportunity to gain nationality in a timely manner and on a nondiscriminatory basis. There was little progress in advancing legislation intended, in part, to address the issue of statelessness.

Under the constitution Bahamian-born persons of foreign heritage must apply for citizenship during a 12-month window following their 18th birthday, but an applicant sometimes waited many years for a government response. The narrow window for application, difficult documentary requirements, and long waiting times left multiple generations of persons, primarily Haitians due to their preponderance among the irregular migrant population, without a confirmed nationality. Government policy allows individuals who missed the 12-month window to gain legal permanent resident status with the right to work, but some Haitian residents had difficulty applying because they did not have the necessary documents.

There were no reliable estimates of the number of persons without a confirmed nationality. The government asserted a number of “stateless” individuals had a legitimate claim to Haitian citizenship but refused to pursue it due to fear of deportation or loss of future claim to Bahamian citizenship. Such persons often faced waiting periods of several years for the government to decide on their nationality applications and, as a result, in the interim lacked proper documentation to secure employment, housing, and other public services.

In one case a man born in the country to non-Bahamian parents was still awaiting the government’s determination on his nationality status 22 years after submitting his application. The man relied on his employer to sponsor and renew his work permit so he could maintain legal status. He was unable to obtain a driver’s license or health insurance.

Minors born in the country to non-Bahamian parents were eligible to apply for “belonger” status that entitled them to reside in the country legally and access public high-school-level education and fee-for-service health-care insurance. Belonger permits were readily available. The lack of a passport prohibited students from accessing higher education outside the country. The government does not bar children without legal status from government schools. To facilitate online instruction during the COVID-19 pandemic, the Ministry of Education provided computer tablets to students enrolled in the government-subsidized school lunch program, including children without legal status. Those who had not registered for the lunch program were unable to join their classmates in the virtual classroom. Community activists alleged some schools continued to discriminate by falsely claiming to be full in order to avoid having to admit children of Haitian descent.

The law denies mothers the right to confer nationality to their children on an equal basis with men. Specifically, women with foreign-born spouses do not automatically transmit citizenship to their spouses or children. Many of the provisions that preclude full gender equality in nationality matters are entrenched in the constitution and would require a constitutional referendum to change.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The long-standing lack of a fully implemented freedom of information act continued to limit citizens’ access to information necessary to inform their political decision making.

Elections and Political Participation

Recent Elections: Prime Minister Hubert Minnis took office after the Free National Movement (FNM) defeated the incumbent Progressive Liberal Party (PLP) in a general election in 2017. The FNM won 35 of the 39 parliamentary seats, with 57 percent of the popular vote. The PLP won the remaining four seats. Election observers from the Organization of American States and embassies found the elections to be generally free and fair.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There was limited enforcement of conflicts of interest related to government contracts. There were isolated reports of government corruption during the year where officials sometimes engaged in corrupt practices, including accepting small-scale “bribes of convenience,” with impunity.

Corruption: The campaign finance system was largely unregulated, with few safeguards against quid pro quo donations, creating a vulnerability to corruption and foreign influence. The procurement process was susceptible to corruption, since it contains no requirement to engage in open public tenders. Nevertheless, the government routinely issued open public tenders. The government encouraged value added tax-registered businesses to sign up for the electronic bidding platform, which the Ministry of Finance introduced in 2019 to increase public procurement transparency.

The government reported no new cases of corruption in the executive, legislative, and judicial branches. The trial for a bribery case against a former high-level government official, scheduled to begin in March, was delayed due to COVID-19. A second trial for a money-laundering case against a former official was also delayed due to the pandemic. The trials had yet to be held by year’s end.

Corruption in the Bahamas Department of Correctional Services and the Carmichael Road Detention Centre was a long-standing problem, with allegations by both detainees and officials.

Financial Disclosure: The Public Disclosure Act requires senior public officials, including senators and members of Parliament, to declare their assets, income, and liabilities annually. The government gave extensions to all who were late to comply. The government did not publish a summary of the individual declarations, and there was no independent verification of the information submitted.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of international and domestic human rights organizations generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

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

Women

Rape and Domestic Violence: Rape of men or women is illegal, but the law does not protect against spousal rape unless the couple is separated or in the process of divorce, or if there is a restraining order in place. The maximum penalty for an initial rape conviction is seven years in prison. The maximum sentence for subsequent rape convictions is life imprisonment; however, the usual maximum was 14 years in prison. The government generally enforced the law effectively.

Violence against women worsened during the COVID-19 pandemic due, in part, to lockdowns and curfews that prevented victims from seeking safe havens or other assistance. The government cited a 23 percent increase in recorded sexual offenses through September 30. The government conducted awareness campaigns and signaled it was pursuing stronger legislation. It did not implement long-standing civil society recommendations to address adequately gender-based violence but signaled it was pursuing legislation.

The law addresses domestic violence under the Sexual Offenses Act. The government generally enforced the law, although women’s rights groups cited reluctance on the part of law enforcement authorities to intervene in domestic disputes. The Ministry of Social Services sponsored temporary, privately owned safe-house shelters, but there was a shortage of transitional housing. The Bahamas Crisis Centre provided a counseling referral service, operated a toll-free hotline, and added a WhatsApp hotline during the year.

Sexual Harassment: The law prohibits sexual harassment in employment and authorizes moderate penalties and a maximum of two years’ imprisonment. The government does not have any permanent programs on sexual harassment but conducted educational and awareness-raising campaigns and activities.

Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children, and had access to free contraception, free testing for sexually transmitted infections and diseases, family planning counseling, and subsidized pre- and postnatal care. Individuals generally had access to information and resources to manage their reproductive health free from discrimination, coercion, or violence. Barriers affecting access to contraception included limited access to sexual and reproductive health services on all but the two most-populated islands (New Providence and Grand Bahama) and conservative Christian principles that promote abstinence. While the age for sexual consent is 16, the age for receiving contraceptive and other health services without requiring parental consent is 18. The government provided access to sexual and reproductive health services for survivors of sexual violence.

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

Discrimination: The law does not prohibit discrimination based on gender. Women with foreign-born spouses do not have the same right as men to transmit citizenship to their spouses or children (see section 2.g., Stateless Persons). In addition a child adopted by a married Bahamian couple may acquire Bahamian citizenship only through the adopted father, not the adopted mother.

Women were generally free from economic discrimination, and the law provides for equal pay for equal work. The law provides for the same economic legal status and rights for women as for men. The government generally enforced the law effectively.

Children

Birth Registration: Children born in the country to married parents, one of whom is Bahamian, acquire citizenship at birth. In the case of unwed parents, the child takes the citizenship of the mother. All children born in the country who are noncitizens may apply for citizenship upon reaching their 18th birthday. All births must be registered within 21 days of delivery.

Child Abuse: The law stipulates severe penalties for child abuse and requires all persons having contact with a child they believe has been physically or sexually abused to report their suspicions to police; nonetheless, child abuse and neglect remained serious problems, exacerbated by the COVID-19 pandemic.

The Ministry of Social Services provided services to abused and neglected children through a public-private center for children, the public hospital’s family violence program, and The Bahamas Crisis Centre. It also operated a 24-hour national abuse hotline.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18, although minors may marry at 15 with parental permission.

Sexual Exploitation of Children: The minimum age for consensual heterosexual sex is 16. The law considers any association or exposure of a child to prostitution or a prostitution house as cruelty, neglect, or mistreatment. The offense of having sex with a minor carries a penalty of up to life imprisonment. Child pornography is against the law. A person who produces child pornography is subject to life imprisonment; dissemination or possession of child pornography calls for a penalty of 20 years’ imprisonment.

The penalties for rape of a minor are the same as those for rape of an adult. While a victim’s consent is an insufficient defense against allegations of statutory rape, it is a sufficient defense if the accused had “reasonable cause” to believe the victim was older than age 16, provided the accused was younger than age 18.

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

Anti-Semitism

The local Jewish community consisted of approximately 500 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, including their access to education, employment, health services, information, communications, public buildings, transportation, the judicial system, and other state services. The government did not enforce these provisions effectively. The law affords equal access for students, but only as resources permit, as decided by individual schools. There were several special-needs schools in Nassau; however, on less-populated islands, children with learning disabilities often lacked adequate access. Special-needs schools on Grand Bahama and Abaco were severely affected by Hurricane Dorian.

A mix of government and private residential and nonresidential institutions provided education, training, counseling, and job placement services for adults and children with disabilities. Children with disabilities attended school through secondary education at a significantly lower rate than other children. They attended school with nondisabled peers or in specialized schools, depending on local resources. The government tried to facilitate distance learning for students with disabilities during the COVID-19 pandemic but faced problems in providing equal access.

Members of National/Racial/Ethnic Minority Groups

According to unofficial estimates, between 30,000 and 60,000 residents were Haitians or persons of Haitian descent, making them the largest ethnic minority. Many persons of Haitian origin lived in informal settlements with limited sewage and garbage services, law enforcement, and other public services. Authorities generally granted Haitian children access to education and social services, but interethnic tensions and inequities persisted after thousands of persons of Haitian descent were displaced by Hurricane Dorian in September 2019.

Members of the Haitian community complained of discrimination in the job market, specifically that identity and work-permit documents were controlled by employers seeking advantage by threat of deportation. After Hurricane Dorian, the government offered to replace lost immigration documents, including work permits, free of charge.

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

The law does not provide antidiscrimination protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals on the basis of their sexual orientation, gender identity, gender expression, or sex characteristics. Consensual same-sex sexual conduct between adults is legal. The law defines the age of consent for same-sex individuals as 18, compared with 16 for heterosexual individuals. NGOs reported LGBTI individuals faced social stigma and discrimination and did not believe they were adequately protected by law enforcement authorities.

HIV and AIDS Social Stigma

The law prohibits discrimination in employment based on HIV and AIDS status. The public school HIV/AIDS protocol advised teachers on how to treat open wounds of children and negated the need for teachers and administrators to know the HIV status of a child. While the societal response to HIV and AIDS improved considerably, there were episodes of discrimination and breeches of confidentiality.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, participate in collective bargaining, and conduct legal strikes. The law prohibits antiunion discrimination. To be recognized, trade unions must be registered with the Department of Labour. By law employers may be compelled to reinstate workers illegally fired for union activity. Members of the police force, defense force, fire brigade, prison guards, and–according to a union leader–casino workers may not organize or join unions, although police used professional associations to advocate on their behalf in pay disputes. To be recognized by the government, a union must represent at least 50 percent plus one of the affected workers.

By law labor disputes must first be filed with the Department of Labour. If not resolved, disputes are transferred to an industrial tribunal, which determines penalties and remedies, up to a maximum of 26 weeks of an employee’s pay. The tribunal’s decision is final and may be appealed in court only on a question of law.

The government generally respected freedom of association and the right to collective bargaining, and most–but not all–employers in the private sector did as well. The government did not restrict union activity or use targeted layoffs during the COVID-19 pandemic for union busting. Union leaders, however, complained the government did not consult them on policy decisions that affected redundancy, furlough, and nonpayment to staff. One union leader said some government and quasi-government entities also did not consult with unions or the Ministry of Labour, as legally required, before deciding which employees to make redundant during layoffs caused by the pandemic.

The government generally enforced the law, although the Department of Labour stated the government, in coordination with labor unions, relaxed labor laws and standards due to the COVID-19 pandemic. Penalties for violating labor laws varied by case but are generally commensurate with those for other similar violations. Administrative and judicial procedures were subject to lengthy delays and appeals. The Department of Labour provided its annual report to Parliament during the national budget debate but did not include updated statistics on enforcement.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government generally enforced the law. Local NGOs noted exploited workers often did not report their circumstances to government officials due to fear of deportation and lack of education regarding available resources. Penalties for forced labor are commensurate with those for analogous serious crimes, such as kidnapping.

Irregular migrants were vulnerable to forced labor, especially among domestic employees, in the agricultural sector, and particularly in the outlying Family Islands. There were reports that migrant laborers, often of Haitian origin, were vulnerable to compulsory labor and suffered abuse at the hands of their employers, who were responsible for endorsing their work permits on an annual basis. Specifically, local sources indicated employers required migrant labor employees to “work off” the work permit fees, which increased during the year. The risk of losing the permit and the ability to work legally within the country was reportedly used as leverage for exploitation and created the potential for abuse.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The law prohibits the employment of children younger than age 14 for industrial work and any work during school hours or between the hours of 8 p.m. and 6 a.m. Children between ages 14 and 17 may work between the hours of 8 p.m. and 6 a.m. but only in hotels, restaurants, food stores, general merchandise stores, and gas stations. Children between ages 14 and 17 may work outside school hours under the following conditions: on a school day, for not more than three hours; in a school week, for not more than 24 hours; on a nonschool day, for not more than eight hours; and in a nonschool week, for not more than 40 hours. The government did not have a list of jobs that are considered dangerous, although it intervened when children were performing permissible jobs in dangerous environments (e.g., selling peanuts at a dangerous intersection). Occupational safety and health restrictions apply to all minors. The government does not have a list of light work activities that are permitted for children age 12 and older.

The government generally enforced the law effectively. The Department of Labour received no reports of significant violations of child labor laws. The penalties for violating child labor laws on forced labor are generally commensurate with those for analogous serious crimes.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment based on race, skin color, national origin, creed, sex, marital status, political opinion, age, HIV status, and disability, but not based on language, sexual orientation, gender identity, religion, or social status. The government did not effectively enforce the law, and penalties were not commensurate with laws related to civil rights. Women’s pay lagged behind men’s, and persons with disabilities faced discrimination in hiring and access to the workspace. While the law allows victims to sue for damages, many citizens were unable to sue due to a lack of available legal representation and the ability of wealthy defendants to prolong the process in courts.

e. Acceptable Conditions of Work

The minimum wage is above the established poverty income level.

The law provides for a 40-hour workweek, a 24-hour rest period, and time-and-a-half payment for hours worked beyond the standard workweek. The law stipulates paid annual holidays and prohibits compulsory overtime. The law does not place a cap on overtime. The government set health and safety standards appropriate to the main industries. According to the Department of Labour, the law protects all workers, including migrant workers, in areas including wages, working hours, working conditions, and occupational health and safety standards. Workers do not have the right to refuse to work under hazardous conditions.

The Department of Labour is responsible for enforcing labor laws, including the minimum wage, work hours, safety, health welfare, and child labor, and it enforced the law inconsistently, especially in the large informal sector. The Labour Inspection Section of the Department of Labour conducted random onsite visits to enforce occupational health and safety standards and investigate employee concerns and complaints. Inspections occurred infrequently, although the Department of Labour was increasing the number of inspectors. Penalties for violations of occupational health and safety laws are commensurate with those for crimes like negligence. In response to the COVID-19 pandemic, the Department of Labour stated it conducted additional workplace inspections to enforce compliance with the Ministry of Health’s COVID-19 workplace guidelines. Inspectors had the right to conduct unannounced visits and levy fines, but the department sometimes announced inspection visits in advance, and employers generally cooperated with inspectors to implement safety standards. Employees who worked in the construction, agricultural, hospitality, engineering, and informal sectors endured hazardous conditions. In addition officials at the BDCS prison complained of a lack of hazard pay for working close to inmates with communicable diseases, including HIV/AIDS and COVID-19.

Barbados

Executive Summary

Barbados is a parliamentary democracy led by Prime Minister Mia Mottley of the Barbados Labour Party. The Barbados Labour Party won all 30 parliamentary seats in the 2018 election. A former Barbados Labour Party member of Parliament became an independent in order to serve as the formal leader of the opposition. Queen Elizabeth II is the head of state and is represented by the governor general, who certifies all legislation on her behalf.

The Royal Barbados Police Force is responsible for domestic law enforcement, including migration and border enforcement. The police and all other law enforcement agencies report to the attorney general. The Barbados Defence Force protects national security and may be called upon to maintain public order in times of crisis, emergency, or other specific needs. The defense force reports to the minister of defense and security. The law provides that the police may request defense force assistance with special joint patrols. Civilian authorities maintained effective control over the police and defense forces. There were no reports that the security forces committed any serious abuses.

Significant human rights issues included: trafficking in persons, and the criminalization of consensual same-sex sexual conduct between adults. Authorities did not enforce the law on same-sex sexual conduct during the year.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, and there were no reports government officials employed them. Impunity was not a significant problem.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Two agencies, the Office of the Ombudsman and the Prison Advisory Board, are responsible for investigating credible allegations of mistreatment. According to prison officials, no allegations of mistreatment were made during the year. The permanent secretary of the Ministry of Home Affairs and the Prison Advisory Board conducted periodic visits.

Independent Monitoring: Authorities allowed human rights organizations access to monitor prison conditions; however, no visits were conducted during the year.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law authorizes police to arrest persons suspected of criminal activity; a warrant issued by a judge or justice of the peace based on evidence is typically required. Authorities may hold detainees without charge for up to five days, but once persons are charged, police must bring them before a court within 24 hours, or the next working day if the arrest occurred during the weekend. There was a functioning bail system. Criminal detainees received prompt access to counsel and were advised of that right immediately after arrest. The law prohibits bail for those charged with murder, treason, or any gun-related offense that is punishable by imprisonment of 10 years or more.

Official procedures require police to question suspects and other persons only at a police station, except when expressly permitted by a senior divisional officer to do so elsewhere. An officer must visit detainees at least once every three hours to check on their condition. After a suspect has spent 48 hours in detention, the detaining authority must submit a written report to notify the deputy police commissioner and the police commissioner that the suspect is still in custody.

Pretrial Detention: Legal authorities expressed concern about the increase in time spent in pretrial detention. Civil society representatives and media reports indicated that in extreme cases detainees could wait up to 10 years before trial.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants have the right to a presumption of innocence and to be informed promptly of the charges against them. The constitution provides that persons charged with criminal offenses receive a timely, fair, and public hearing by an independent, impartial court, and a trial by jury. Defendants have the right to be present at their trial and to consult with an attorney of their choice in a timely manner. The government provides free legal aid to indigents in family matters (excluding divorce), child support cases, serious criminal cases such as rape or murder, and all cases involving minors. The constitution prescribes that defendants have adequate time and facilities to prepare a defense. Timelines may be set by the court on arraignment. Defendants have the right to the free assistance of an interpreter. Defendants may confront and question witnesses, and present witnesses and evidence on their own behalf. Defendants cannot be compelled to testify or confess guilt. They have the right of appeal. The government generally respected these rights.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Lower-level courts have both civil and criminal jurisdiction, but the civil judicial system experienced heavier backlogs. Citizens primarily sought redress for human rights or other abuses through the civil court system, although human rights cases were sometimes decided in criminal court. Individuals and organizations may appeal adverse domestic decisions to the Caribbean Court of Justice.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Libel/Slander Laws: Defamation is a criminal offense punishable with imprisonment. The local media association raised concerns about intimidation of media by government ministers, due to the media’s reliance on income from government advertising. During the year there were no reports of any defamation or libel cases initiated by any government officials against media personnel.

Internet Freedom

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.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. Married women must provide a copy of their marriage certificate when applying for a passport; married men are not required to provide this.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

Information on the government’s cooperation with the UN High Commissioner for Refugees was unavailable.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The Immigration Department was responsible for considering refugee and asylum claims.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: The most recent election occurred in 2018, when the Barbados Labour Party (BLP) won all 30 seats in Parliament’s House of Assembly, and the governor general appointed BLP leader Mia Mottley as prime minister with the support of the BLP members of the House of Assembly. Outside monitors considered the election to be free and fair.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. In the 2018 elections there were 134 total candidates, of whom 34, or 25 percent, were women. Five of the 34 female candidates won their seats and were serving in government. In the 2013 elections there were 11 female candidates out of 68 total candidates, representing 16 percent of the total, and five of the 11 female candidates won their seats.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively.

Corruption: There were no formal investigations of government corruption during the year.

Financial Disclosure: Upon assuming power in 2018, the prime minister required all high-level public officials to disclose their income and assets to the government.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The Ombudsman’s Office hears complaints against government ministries, departments, or other authorities for alleged injuries or injustices resulting from administrative conduct. The governor general appoints the ombudsman on the recommendation of the prime minister and in consultation with the opposition. Parliament must approve the appointment. The ombudsman submits annual reports to Parliament that contain recommendations on changes to laws and descriptions of actions taken by the Ombudsman’s Office.

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

Women

Rape and Domestic Violence: The law criminalizes rape of women, and the maximum penalty is life imprisonment. Separate legislation addresses rape of men. A nongovernmental organization (NGO) representative reported the slow pace of bringing cases to trial undermined the integrity and effectiveness of the prosecution process. As an example, the NGO representative cited a rape case that took 13 years before the trial commenced, resulting in the victim declining to cooperate in the case. There are legal protections against spousal rape for women holding a court-issued divorce decree, separation order, or nonmolestation order. The law was not consistently enforced.

The law prohibits domestic violence and provides protection to all members of the family, including men and children. The law applies equally to marriages and to common-law relationships. The law empowers police to make an arrest after receiving a complaint, visiting the premises, and having some assurance that a crime was committed. The government did not consistently enforce the law. An NGO reported it had to pressure police to take action in domestic violence cases and that police rarely made arrests in such cases.

An NGO representative reported that it was difficult to track and monitor the prosecution of gender-based violence because the government did not share the relevant data. The NGO representative reported that many cases of domestic violence did not result in convictions and that rapes were underreported and underprosecuted.

The NGO representative also stated there were no programs or resources to assist victims of domestic violence and their children. Housing for victims of domestic violence was a major problem, one that remained unaddressed by the government.

Penalties for domestic violence depend on the severity of the charges and range from a fine for first-time offenders (unless the injury is serious) to the death penalty for cases where the victim died. Victims may request restraining orders, which the courts often issued. The courts may sentence an offender to jail for breaching such an order.

Sexual Harassment: The law prohibits sexual harassment in the workplace; however, human rights activists reported that workplace sexual harassment was a serious problem. There were no reports of workplace sexual harassment cases filed or prosecuted during the year.

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

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

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

The government provides access to health care for all persons who require it, including victims of sexual violence. The government also provides financial support to NGOs that assist victims of sexual violence.

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

Discrimination: In July, Parliament passed a law that prohibits employment discrimination on the basis of age, skin color, creed, disability, domestic partnership status, marital status, medical condition, physical features, political opinion, pregnancy, race, trade, sex, sexual orientation, social status, or union affiliation. The law provides the same legal status and rights for women and men. This law was effectively enforced.

Women actively participated in all aspects of national life and were well represented at all levels of the public and private sectors, although some discrimination persisted. The law does not mandate equal pay for equal work, and reports indicated women earned significantly less than men for comparable work.

Children

Birth Registration: A child born in the country is a citizen by birth. There was universal birth registration, and all children are registered immediately after birth without any discrimination.

Child Abuse: The law prohibits child abuse, but it does not prohibit corporal punishment of children. No law requires a person to report suspected child abuse, but the government encouraged the public to report cases where they believe abuse may have occurred. Child abuse remained a problem.

The Child Care Board had a mandate for the care and protection of children, which involved investigating daycare centers, investigating allegations of child abuse or child labor, and providing counseling services, residential placement, and foster care. Civil society activists stated the board was not properly staffed or resourced.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18. Persons ages 16 and 17 may marry with parental consent.

Sexual Exploitation of Children: The law provides for the protection of children from sexual exploitation and abuse. Child pornography is illegal, and the authorities effectively enforced the law. The minimum age for consensual sex is 16.

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

Anti-Semitism

There were no reports of anti-Semitic acts. The Jewish community was very small.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with disabilities in employment, but it does not extend protection to education or other state services. A separate law requires employers to ensure the safety and health of persons with disabilities. There were no reports of legal actions against employers for noncompliance during the year.

The Barbados Council for the Disabled, the Barbados National Organization for the Disabled, and other NGOs indicated that transportation remained the primary challenge facing persons with disabilities. Many public areas lacked the necessary ramps, railings, parking, and bathroom adjustments to accommodate persons with disabilities. The Fully Accessible Barbados initiative had some success in improving accessibility to older buildings. The Town and Country Planning Department set standards for all public buildings to include accessibility for persons with disabilities. Most new buildings had ramps, reserved parking, and accessible bathrooms.

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

The law criminalizes consensual same-sex sexual conduct between adults with penalties up to life imprisonment and with up to 10 years for “acts of serious indecency.” There were no reports of the law being enforced during the year. Nonetheless, an NGO representative reported the potential for arrest and prosecution under the law was among the most serious issues facing the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community.

Civil society groups reported that LGBTI persons faced discrimination in employment, housing, and access to education and health care. Activists stated that while many LGBTI individuals were open about their sexual orientation or gender identity, police disapproval and societal discrimination made LGBTI persons more vulnerable to threats, crime, and destruction of property. An NGO representative reported there were incidents of housing discrimination and termination of employment of LGBTI persons without cause.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions and conduct legal strikes but does not specifically recognize the right to bargain collectively. Moreover, the law does not obligate employers to recognize unions or to accept collective bargaining. The law prohibits antiunion discrimination and protects workers engaged in union activity. A tribunal may order reinstatement, rehiring, or compensation for antiunion discrimination, although no cases of antiunion discrimination were reported during the year. The law permits all private-sector employees to strike but prohibits strikes by workers in essential services such as police, firefighting, electricity, and water. Penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination.

A labor union representative reported that the government did not have a sufficient number of labor and safety inspectors to enforce all labor regulations effectively. In general the government effectively enforced labor law in the formal sector. Penalties were sufficient to deter violations.

The law gives persons the right to have allegations of unfair dismissal tried before the Employment Rights Tribunal. The process often had lengthy delays. A tripartite group of labor, management, and government representatives met regularly to discuss labor topics. The group dealt with social and economic problems, formulated legislative policy, and worked towards harmonious workplace relations.

A labor union representative reported that workers’ rights were generally respected. Unions received complaints of violations of collective bargaining agreements; most complaints were resolved through established mechanisms.

Although employers were under no legal obligation to recognize unions, most major employers did so when more than 50 percent of the employees made a request. Companies were sometimes hesitant to engage in collective bargaining with a recognized union, but in most instances they eventually did so. Smaller companies often were not unionized.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. The government generally enforced such laws, which was sufficient to deter violations.

Although there were no official reports of forced labor during the year, foreigners–especially those from neighboring Caribbean nations–remained at risk for forced labor, particularly in domestic service, agriculture, and construction. The punishment for labor or sex trafficking of adults is 25 years in prison, a large fine, or both. Forced labor and sex trafficking of children are punishable by a large fine, life imprisonment, or both. There were no prosecutions of these crimes during the year.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law governing child labor states that education is compulsory for children up to age 16 or 17, depending on when the student took the secondary school entrance exam. Exemptions are allowed for children receiving special education, receiving instruction at home in a manner and to a standard satisfactory to the minister of education, children unable to attend school because of illness or health reasons, sudden or serious illness of a parent, or religious observance. The law also states that no child shall be allowed to work during school hours or between 6:00 p.m. and 7:00 a.m. in any occupation.

The law prohibits the worst forms of child labor. The law provides for a minimum working age of 16 in certain sectors but does not cover sectors such as agriculture or family businesses. The law prohibits children younger than 18 from engaging in work likely to harm their health, safety, or morals, but it does not specify which occupations fall under this prohibition. The law was effectively enforced, and child labor laws were generally observed. Parents are culpable under the law if their children younger than 16 are not in school. By law children ages 14-16 may engage in light work with parental consent. The law does not provide a list of occupations constituting light work.

Ministry of Labour inspectors may initiate legal action against an employer found employing underage workers. Employers found guilty of violating the law may be fined or imprisoned for up to 12 months. Penalties were generally sufficient to deter violations.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on grounds of age, skin color, creed, disability, domestic partnership status, marital status, medical condition, physical features, political opinion, pregnancy, race, trade, gender, sexual orientation, social status, or union affiliation. A volunteer organization established an anonymous telephone hotline service this year allowing individuals to report information about crime, workplace harassment, corruption, or other wrongdoing.

e. Acceptable Conditions of Work

There is a minimum wage for housekeepers and shop assistants. There is no official poverty income level. The standard legal workweek is 40 hours in five days. The law provides employees with three weeks of paid holiday for persons with less than five years of service and four weeks of paid holiday after five years of service. The law requires overtime payment of time and a half for hours worked in excess of the legal standard and prescribes that all overtime must be voluntary. The law does not set a maximum number of overtime hours. The government set occupational safety and health standards that were current and appropriate for its industries.

The Ministry of Labour enforces minimum wage, work hours, and health and safety standards. The government’s capacity to enforce compliance effectively was insufficient. The ministry used routine inspections, accident investigations, and union membership surveys to prevent labor violations and to verify that wages and working conditions met national standards. Penalties include small fines, imprisonment of up to three months, or both. These penalties were inadequate to ensure compliance. Penalties for occupational safety and health violations are higher than penalties for analogous violations, such as negligence.

The Ministry of Labour focused attention on office environments due to concerns about indoor air quality. Trade unions monitored safety problems to verify the enforcement of safety and health regulations as well as the correction of problems by management. Labor officers are required during an inspection to notify employers of their presence except where the officers consider that such a notification would impinge the performance of their duties. The law gives officers the power to initiate proceedings against employers for any contravention or offenses.

The law provides for the right of workers to refuse dangerous work without jeopardy to their employment, and authorities generally protected employees in this situation. A labor union representative reported there were no formal complaints concerning hazardous or exploitative working conditions during the year nor did the union receive any complaints about workplace fatalities or accidents.

Belize

Executive Summary

Belize is a constitutional parliamentary democracy. In the most recent national election, held on November 11, the People’s United Party won 26 of 31 seats in the National Assembly. Party leader John Briceno was sworn in as prime minister on November 12.

The Ministry of National Security is responsible for oversight of police, prisons, the coast guard, and the military. The Belize Police Department is primarily responsible for internal security. The small military force primarily focuses on external security but also provides limited domestic security support to civilian authorities and has limited powers of arrest that are executed by the Belize Defence Force for land and shoreline areas and by the Coast Guard for coastal and maritime areas. Civilian authorities maintained effective control over the security forces. Members of security forces committed few abuses.

Significant human rights issues included: allegations of the use of excessive force and inhuman treatment by security officers, allegations of widespread corruption and impunity by government officials, trafficking in persons, and child labor.

In some cases the government took steps to prosecute public officials who committed abuses, both administratively and through the courts, but there were few successful prosecutions.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There was a report that the government or its agents committed arbitrary or unlawful killings.

A team from the branch of the security force responsible for a killing or other abuse investigates the allegation and then presents the findings, recommendations, and penalties to authorities.

In April, Ulysease Roca died after he was beaten by a police officer while in police custody. Police detained Roca for breaking the COVID-19 curfew regulation. In a video recorded and published by Roca, he alleged that while he was in custody, police harassed and bullied him because of his sexuality and hit him in the face. Roca’s family believed the injury to his face developed an infection, and after being released, when he tried to obtain medical help, he was refused by the public health facility and subsequently died. The commissioner of police called for an investigation on the allegations of brutality, abuse of authority, and expression of homophobia by police. According to United Belize Advocacy Movement (UniBAM), the cause of Roca’s death was inconclusive, but the commissioner of police stated the cause of death was a result of HIV and AIDS complications. The Belize Police Department (BPD) internally disciplined the police officer who recorded and published video of the abuse by charging him for “an act of prejudice to good order and discipline.”

As of October the inquiry into the death of Allyson Major Junior had not progressed, and his family filed a civil suit against the attorney general and commissioner of police for his wrongful death. In 2019 a police officer shot and killed Major after suspecting he had purchased illegal drugs (marijuana). Corporal Kent Martinez was charged with manslaughter for the incident, and BPD officials announced they would investigate.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture or other inhuman punishment, but there were reports that police used excessive force as well as allegations of abuse by security force personnel. During the first half of the year, 55 percent of the complaints received by the Office of the Ombudsman were filed against the BDP for abuse of power, harassment, brutality, arbitrary search and entry, and unlawful imprisonment. The human rights ombudsman also received complaints against the Belize Central Prison for allegations of inhuman treatment, refusal to provide information to family, denial of the right to communicate, and denial of proper medical care of inmates. The Office of the Ombudsman noted that while the central prison authorities were more forthcoming to responses of allegations than in the past, the responses were mostly vague and failed to address the concerns raised.

In January a man claimed that police officers scalded him with hot water and pulled out his hair when he was picked up to be questioned about a stolen cell phone. There was no response on the part of the BPD. In April, three police officers were criminally charged for “willful oppression” after forcing a man and a woman with mental disabilities into a sexual act, recording the incident, and releasing it to the public. The three officers additionally faced internal discipline for “an act of prejudice to good order and discipline.” As of November the cases remained before the court and BPD’s Disciplinary Tribunal.

Impunity did not appear to be a significant problem in the security forces. Aggrieved persons may make a formal report to the BPD Professional Standard Branch, Belize Defence Force Adjutant Office, Belize Coast Guard Adjutant Office, or the Office of the Ombudsman. A team from the respective security forces investigates the allegations and then presents the findings, recommendations, and penalties to the commissioner of police, brigadier general, or commandant of the coast guard for action to be taken. Investigations may last from 30 days to six months.

Prison and Detention Center Conditions

There continued to be reports of harsh conditions in the Belize Central Prison and police detention center due to inadequate sanitation procedures.

Physical Conditions: The Kolbe Foundation, a local Christian nonprofit organization, administered the country’s only prison, which held men, women, and juveniles. The government retained oversight and monitoring responsibility and provided funding. The human rights ombudsman stated resources were insufficient to meet what he called “minimal standards.” The prison continued to hold all prisoners convicted of crimes, despite overcrowded conditions.

In 2019 the Human Rights Commission of Belize (HRCB) inspected two detention cells in Belize City. The BPD’s intervention improved standards; however, the HRCB noted that conditions of detention centers in other parts of the country remained below standards. The HRCB reported the BPD had in some cases refused to allow access for HRCB inspectors to carry out inspections. There were no inspections after November 2019 due to the COVID-19 pandemic, even when the HRCB sought permission.

In January the Supreme Court found that negligence on the part of prison officials led to a male inmate being raped by another male inmate on two occasions in 2017. The court ordered the prison and the government to pay the victim’s court costs plus recovery of damages caused to him as a result of the incident.

Prisoners in pretrial detention and held for immigration offenses continued to be held with convicted prisoners. Officials used isolation in a small, poorly ventilated punishment cell to discipline inmates. The HRCB raised concerns that a number of immigration offenders who had completed their prison sentence remained imprisoned. Prison authorities responded that due to the closure of the borders as part of the COVID-19 mitigation measures, these individuals could not be repatriated.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The prison administrator generally permitted visits from independent human rights observers. The HRCB donated a computer to the Belize Central Prison to facilitate communication with its clients in detention during the COVID-19 pandemic.

d. Arbitrary Arrest or Detention

While the constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, there were several allegations made through media and to the Police Standards Branch that the government failed to observe these requirements.

On March 18, the government instituted a 30-day state of emergency (SoE) in Belize City in response to an increase in criminal gang activity. The measure allowed the BPD and Belize Defence Force to target criminal gang elements through house raids, arrests, and imprisonment. A second SoE was instituted on July 6 and later extended to October 6. By the time the SoE expired in October, 110 persons were detained in prison awaiting trial. During the SoE there were reports that law enforcement agents used excessive force on citizens, damaged property, and unjustly targeted law-abiding citizens. Attorney Michelle Trapp requested the court initiate a judicial review questioning the failure of the government in setting up a tribunal to review the cases as required by law.

During the November 11 national elections, the government imposed a 9 p.m. curfew to limit potential exposure to COVID through the typical celebration marches by party enthusiasts. There were no reports of police using excessive force to maintain order, and persons generally followed the curfew orders throughout the country.

Arrest Procedures and Treatment of Detainees

Police must obtain search or arrest warrants issued by a magistrate, except in cases of hot pursuit, when there is probable cause, or when the presence of a firearm is suspected. Police must inform detainees of their rights at the time of arrest and of the cause of their detention within 24 hours of arrest. Police must also bring a detainee before a magistrate to be charged officially within 48 hours. The BPD faced allegations that its members arbitrarily detained persons for more than 24 hours without charge, did not take detainees directly to a police station, and used detention as a means of intimidation.

The law requires police to follow the Judges’ Rules, a code of conduct governing police interaction with arrested persons. Although judges sometimes dismissed cases that involved violations of these rules, they more commonly deemed confessions obtained through violation of the rules to be invalid. Police usually granted detainees timely access to family members and lawyers, although there were reports of persons held in police detention without the right to contact family or seek legal advice.

By law a police officer in charge of a station or a magistrate’s court may grant bail to persons charged with minor offenses. The Supreme Court may grant bail to those charged with more serious crimes, including murder, gang activity, possession of an unlicensed firearm, and specific drug-trafficking or sexual offenses. The Supreme Court reviews the bail application within 10 working days.

Arbitrary Arrest: The constitution bars arbitrary arrest, and the law specifies protections enabling the constitutional ban. According to the Professional Standards Branch, no formal report was made of officers making unlawful arrests, detentions, or searches. Three persons, however, filed complaints of arbitrary arrest and one person of unlawful detention through the Office of the Ombudsman. The cases were under investigation.

Pretrial Detention: Lengthy trial backlogs remained at the end of the year, particularly for serious crimes such as murder. Problems included police delays in completing investigations, lack of evidence collection, court delays in preparing depositions, and adjournments in the courts. The advent of COVID-19 led to a closure of the court system for all cases for more than two months, increasing the case backlog. Judges were typically slow to issue rulings, in some cases taking a year or longer. The time lag between arrest, trial, and conviction generally ranged from six months to four years. Pretrial detention for persons accused of murder averaged three to four years. As of September, 407 persons, representing 30 percent of the prison population, were being held in pretrial detention, a reduction from the previous year.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Due to substantial delays and a backlog of cases in the justice system, the courts did not bring some minors to trial until they reached age 18. In such cases the defendants were tried as minors.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right, although delays in holding trials occurred.

The law stipulates that nonjury trials are mandatory in cases involving charges of murder, attempted murder, abetment of murder, and conspiracy to commit murder. Government officials stated the law protects jurors from retribution. A single Supreme Court judge hears these cases. A magistrate generally issues decisions and judgments for lesser crimes after deliberating on the arguments presented by the prosecution and defense.

Defendants enjoy a presumption of innocence, and standard procedure is for the defendant to be informed promptly of the charges against them and for them to be allowed to be present at the trial. If the defendants are under the influence of drugs or alcohol, or if there are language barriers, they are informed of the reason of arrest at the earliest possible opportunity. Defendants have the right to defense by counsel and appeal, but the prosecution may apply for the trial to proceed if a defendant skips bail or does not appear in court.

There is no requirement for defendants to have legal representation except in cases involving murder. The Supreme Court’s registrar is responsible for appointing an attorney to act on behalf of indigent defendants charged with murder. In lesser cases the court does not provide defendants an attorney, and defendants sometimes represent themselves. The Legal Advice and Services Center, staffed by three attorneys, can provide legal services and representation for a range of civil and criminal cases, including domestic violence and other criminal cases up to and including attempted murder. These legal aid services were overstretched and could not reach rural areas or districts. Defendants are entitled to adequate time and facilities to prepare a defense or request an adjournment, a common delay tactic. The court provides Spanish interpreters for defendants upon request. Defendants may not be compelled to testify against themselves or confess guilt.

The law allows defendants to confront and question witnesses against them and present witnesses on their behalf. Witnesses may submit written statements into evidence in place of court appearances. Defendants have the right to produce evidence in their defense and examine evidence held by the opposing party or the court.

The rate of acquittals and cases withdrawn by the prosecution due to insufficient evidence continued to be high, particularly for sexual offenses, murder, and gang-related cases. These actions were often due to the failure of witnesses to testify because of fear for life and personal safety, as well as a lack of basic police investigative or forensic capability in the country.

Weaknesses of the country’s justice system arise largely from lack of resources, lack of trained personnel including judges, prosecutors, and legal staff, an overburdened court docket that prioritizes murder cases, and an overburdened prison system with no capacity to accept new prisoners.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals and organizations may seek civil remedies for human rights violations through domestic courts, including the Supreme Court. Litigants may appeal cases to the Caribbean Court of Justice, the region’s highest appellate court. Individuals may also present petitions to the Inter-American Commission on Human Rights.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

The press was largely independent of government influence, although most newspapers had strong editorial bents supporting positions of either the United Democratic Party or the People’s United Party. The press was often critical of government officials, with no sign of repercussions.

Internet Freedom

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.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

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, returning refugees, asylum seekers, stateless persons, and other persons of concern. The Ministry of Human Development, Social Transformation, and Poverty Alleviation and the Ministry of Immigration share responsibility in handling the refugee process and in providing for their protection and needs.

Access to Asylum: The law provides for the granting of refugee status, and the government has established a system for providing protection to refugees. The government does not recognize a legal status of “asylum” and treats all applicants as potential refugees. The courts and executive offices use procedures for refugees to cover both refugees and asylum seekers.

The Ministry of Immigration’s Department of Refugees handles all refugee applications, investigations, and interviews. The immigration law stipulates that persons desiring legal status must apply for refugee protections within 14 days of entering the country. The department refused many applications for violating this 14-day rule. The HRCB challenged this statute in court, with the court finding that the 14-day time limit is “directory in nature” and does not preclude ruling on the merits of the application. The Department of Immigration–under the Ministry of Immigration–received applications, reviewed them for thoroughness, and recommended approval on more than 1,200 applications. The previous minister of immigration refused to grant approval on those applications. It was unclear if the minister of the new administration would act on the backlog of applications recommended for approval.

UNHCR, through its implementing partner the nongovernmental organization (NGO) Help for Progress, had a resource center near the western border that provided information to new arrivals on the refugee process. It also provided limited basic services: shelter, clothing, food, counseling, and assistance with processing legal documents. As of September Help for Progress had assisted 619 asylum seekers and refugees.

Applications for refugee status are reviewed by the Refugee Eligibility Committee. Once the committee recommends approval to the Ministry of Immigration, the file is sent for signature and formal approval. Despite the committee’s having recommended approval for 570 persons, the government has not granted refugee status to any of the pending 4,163 applicants since 2018.

Employment: Persons awaiting adjudication of their refugee applications were unable to work legally in the country.

Access to Basic Services: Refugees and asylum seekers were able to use the education system and the socialized medical system, but the government offered no assistance with housing or food except in extreme cases that involved children and pregnant women.

Temporary Protection: The Immigration Department issued renewable special residency permits for periods of 60 to 90 days to those who applied for refugee status within the 14-day deadline. During government shutdowns due to COVID-19, no refugees reported losing protections during periods when permits were unavailable.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

In 2019 the Belize Peace Movement initiated a legal challenge against the Elections and Boundaries Commission for failing to carry out an electoral redistricting as stipulated by law. The law states that from time to time, the commission shall divide the country into electoral divisions “in such a way that each electoral division shall have as nearly as may be an equal number of persons eligible to vote.” The Belize Peace Movement contended there was a “huge disparity” in the 31 electoral districts, since for the previous elections some divisions had as many as three times the number of voters as others. The most recent redistricting was done in 2007-08. The Supreme Court dismissed the case on procedural grounds, ruling it lacked jurisdiction when the governor general dissolved parliament and called the date for new elections. In October representatives of the peace movement reiterated the need for electoral redistricting.

Elections and Political Participation

Recent Elections: On November 11, an estimated 82 percent of registered voters participated in parliamentary elections. The People’s United Party won 26 of 31 seats in the National Assembly. Party leader John Briceno was sworn in as prime minister on November 12. Diplomatic observers reported no overt acts of election fraud.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. In the November 11 parliamentary elections, 12 women candidates participated with three winning their seats. Observers suggested cultural and societal constraints limited the number of women participating in government. Women remained a clear minority in government. Three women sat in the 31-member House of Representatives.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: Allegations of corruption in government among public officials, including ministers, deputy ministers, and chief executive officers, were numerous, although no substantial proof was presented in most cases. In January the country’s consul general in New York, Herman Longsworth, was fired after an audit of the National Sports Council revealed a number of financial infractions, one of which directly involved Longsworth. The auditor general’s report stated Longsworth may have illegally used official influence in support of a scheme from which he benefited. The investigation continued as of October.

In February minister of national security and newly elected leader of the United Democratic Party John Saldivar was forced to resign when court documents revealed that he received large sums of money from a U.S. citizen accused of defrauding the U.S. government of tax in return for political favors in Belize. Saldivar remained area representative for Belmopan and an active legislator. The commissioner of police stated the BPD would initiate an investigation into the matter and press charges, but as of October no charges had been filed.

The Senate Select Committee presented its report and recommendations on an investigation, initiated in 2017, of the Immigration and Nationality Department conducted by the Office of the Auditor General. The report confirmed the department had a pattern of improper and illegal issuances of Belizean visas, passports, and citizenship. The committee conducted public hearings in 2017 that revealed several instances where high-ranking government officials, including ministers of government, approved the issuance of visas, citizenship, and passports to unqualified individuals. As of October no charges had been filed against anyone as a result of the report.

Andre Vega, son of former deputy prime minister Gaspar Vega, refused to pay 400,000 Belize dollars ($200,000) that the court found he unduly received from the government as compensation from a dubious land transaction in 2016. As of October the case was before the Court of Appeals for consideration.

Financial Disclosure: The law requires public officials to submit annual financial disclosure statements, which the Integrity Commission reviews. At the same time, the constitution allows authorities to prohibit citizens from questioning the validity of such statements. Anyone who does so outside the rigidly prescribed procedure is subject to a moderate fine, three years’ imprisonment, or both. Many public officials did not submit annual financial disclosure statements and suffered no repercussions. As of July only 28 percent of government members required to declare their assets to the Integrity Commission had done so for 2019-20. In accordance with the law, a report was also sent to the director of public prosecution for further action, but as of October no actions had been taken.

Under the previous administration, the Integrity Commission was compromised by scandal, as the commission’s chairperson, Nestor Vasquez, was dismissed following credible accusations of corruption, impunity, transfer of government assets to private ownership, and nepotism.

In July the opposition and majority of the independent senators objected to the reinstating of Deshawn Arzu-Torres as chair of the Integrity Commission for another two years. Senators raised the concern that Arzu-Torres had unsatisfactorily fulfilled her responsibilities and failed to produce reports to the National Assembly. Despite the objections, the National Assembly approved her reappointment.

In September Nestor Vasquez, CEO of state-owned Belize Telecommunications Limited (BTL), was embroiled in a corruption and embezzlement scandal moving BTL properties to his personal holdings and charging more than 800,000 Belize dollars ($400,000) to his corporate credit card for personal uses. Vasquez also served as chairman of the Social Security Board, was a member of the anticorruption Integrity Commission, and a member of the Central Bank of Belize. The BTL board removed Vasquez, and he resigned from his government posts, although he remained under investigation by the BTL board and the Office of the Prime Minister.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The ombudsman, appointed by the government, acts as an independent check on governmental abuses. The Office of the Ombudsman holds a range of procedural and investigative powers, including the right to enter any premise to gather documentation and the right to summon persons. The office operated under significant staffing and financial constraints. The law requires the ombudsman to submit annual reports. The office does not have the power to investigate allegations against the judiciary. While the Office of the Ombudsman has wide investigative powers, it lacks effective enforcement authority; noncompliance by the offices being investigated severely limited its effectiveness.

The HRCB, an independent, volunteer-based NGO, continued to operate, although due to inadequate staffing and other factors, its work was limited. The commission provided human rights training for police recruits, prison officers, and the BDF. The commission collaborated with UNHCR to offer legal advice and aid to refugees and persons with irregular immigration status.

The Anti-Trafficking in Persons Council continued to address issues of trafficking. The council’s chairman, Ministry of Human Development CEO Judith Alpuche, also served as the government’s focal point for counter-COVID efforts, limiting the council’s effectiveness in addressing issues of trafficking.

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

Women

Rape and Domestic Violence: The criminal code criminalizes rape of men or women, including spousal rape. The government enforced the code. The code states that a person convicted of rape shall be sentenced to imprisonment for eight years to life, although on occasion sentences were much lighter. Problems facing the wider justice system generally resulted in poor conviction rates for rape. According to UniBAM, the majority of sexual abuse crimes continued to be against girls between the ages of 10 and 19. Public perception was that complaints may be filed without repercussion but that investigations were hampered by insufficient police officers and funding for investigations.

Rape continued to be a problem in the BDF. In January the BDF received between 50 and 70 allegations from female members of sexual assault and abuse of authority committed by senior male superiors. A female recruit reported that a senior officer on the training team sexually assaulted her and that another senior officer ignored her report of the assault. Another female recruit reported she was raped by a senior officer during her recruit training, which led to her becoming pregnant. The government responded by setting up an investigation and concluded that no criminal offenses were discovered during the investigation, except for one incident that qualified as inappropriate behavior by one of the instructors, who was removed immediately. A government statement further noted that persons responsible for misconduct would be dealt with internally as stipulated in the Defense Act. There were no credible indications of any form of discipline imposed.

Domestic violence is prohibited under the Domestic Violence Act, and it was generally enforced. Victims noted that the remedial procedure was lengthy but that nevertheless perpetrators were convicted. Domestic violence was often prosecuted with charges such as harm, wounding, grievous harm, rape, and marital rape, but allegations of domestic violence were treated as civil matters. Police, prosecutors, and judges recognized both physical violence and mental injury as evidence of domestic violence. Penalties include fines or imprisonment for violations. The law empowers the Family Court to issue protection orders against accused offenders.

The government directed awareness campaigns against gender-based and domestic violence, a domestic violence hotline, and shelters for victims. Major police stations had designated domestic abuse officers. Due to understaffed police stations, however, these measures were not always effective.

Sexual Harassment: The law provides protection from sexual harassment in the workplace, including provisions against unfair dismissal of a victim of sexual harassment in the workplace, and the government enforced the law. The Women’s Department recognized sexual harassment as a subset of sexual violence, but no cases had ever been brought under the sexual harassment provisions.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. According to a representative of the Ministry of Health and Wellness, after the birth of every child, couples and individuals were provided with counseling including methods of family planning.

Information on reproductive health was generally available in multiple formats and media: print, electronic, and on billboards and displays.

Some NGOs stated that in socially conservative communities, women seeking tubal ligation sought the permission of the husband for cultural and religious reasons.

There were no legal barriers to access of skilled health attendance during pregnancy and childbirth, and the policy of the Ministry of Health and Wellness was to provide as much access as possible.

The government provided access to sexual and reproductive health services to survivors of sexual violence, but the government lacked a stock of rape-kits including emergency contraception.

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

Discrimination: The law provides for the same legal status and rights for women as for men. The law also mandates equal pay for equal work, but the labor commissioner verified that men earned on average 90 Belize dollars ($45) more per month than women did because they held higher managerial positions. There are restrictions on women working in certain industries, including mining, construction, factories, energy, water, and transportation. The law provides generally for the continuity of employment and protection against unfair dismissal, including for sexual harassment in the workplace, pregnancy, or HIV status, but it was not enforced.

Despite legal provisions for gender equality and government programs aimed at empowering women, NGOs and other observers reported women faced social and economic discrimination. Although participating in all spheres of national life and outnumbering men in university classrooms and having higher high school graduation rates, women held relatively few top managerial or government positions.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory, regardless of the parents’ nationality. Citizenship may also be acquired by descent if at least one parent is a citizen of the country. The standard requirement is for births to be registered no later than one week after birth; registration after one month is considered late and includes a minimal fine. Failure to register does not result in any denial of public service, but it slows the process for receiving a social security card to access services such as health care. Children without birth certificates had trouble registering for school and often had to move from school to school. Government experts from the Ministry of Human Development indicated that 4 percent of children up to age five were not registered, making them legally stateless. The government’s Vital Statistics Unit, with support from the embassy of Mexico, UNHCR, and UNICEF, expanded registration by introducing a mobile registration program that traveled across the country. Registration offices existed at all major hospitals, but the offices were open only during the workweek from 8 a.m. to 5 p.m.

Child Abuse: The law allows authorities to remove a child from an abusive home environment and requires parents to maintain and support children until the age of 18. Abuse of children occurred. There were publicized cases of underage girls being victims of sexual abuse and mistreatment, in most cases in their own home or in a relative’s home.

The Family Services Division in the Ministry of Human Development is the government office with the lead responsibility for children’s problems. The division coordinated programs for children who were victims of domestic violence, advocated remedies in specific cases before the Family Court, conducted public education campaigns, investigated cases of human trafficking in children, and worked with local and international NGOs and UNICEF to promote children’s welfare.

In January a former police officer was found guilty of sexually assaulting an eight-year-old girl and sentenced to 12 years in prison.

Child, Early, and Forced Marriage: The legal minimum age to marry is 18, but persons ages 16 to 18 may marry with the consent of parents, legal guardians, or judicial authority. According to UNICEF, 29 percent of women ages 20 to 49 were married or cohabitating before reaching age 18. Early marriage was more prevalent in certain areas–Toledo, Corozal, and Orange Walk–and among the Maya and Mestizo ethnic groups.

Sexual Exploitation of Children: The law establishes penalties for child trafficking, child pornography, child sexual exploitation, and indecent exhibition of a child. It defines a “child” as anyone younger than age 18. The law stipulates that the offense of child trafficking does not apply to persons exploiting 16- and 17-year-old children through exchanging sexual activity for remuneration, gifts, goods, food, or other benefits.

The legal age for consensual sex is 16, but prostitution is not legal under age 18. Sexual intercourse with a minor younger than age 14 is punishable from 12 years’ to life imprisonment. Unlawful sexual intercourse with a minor age 14-16 is punishable with five to 10 years’ imprisonment.

There were anecdotal reports that boys and girls were exploited through child trafficking, including through the “sugar daddy” arrangement whereby older men provide money to minors, their families, or both for sexual relations. Similarly, there were reports of increasing exploitation of minors, often to meet the demand of foreign sex tourists in tourist-populated areas or where there were transient and seasonal workers. The law criminalizes the procurement or attempted procurement of “a person” younger than age 18 to engage in prostitution; an offender is liable to eight years’ imprisonment. The government did not effectively enforce laws prohibiting child sex trafficking.

The law establishes a penalty of two years’ imprisonment for persons convicted of publishing or offering for sale any obscene book, writing, or representation.

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

The law does not expressly prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the constitution provides for the protection of all citizens from any type of discrimination. The law does not provide for accessibility accommodations for persons with disabilities, and most public and private buildings and transportation were not accessible to them. Certain businesses and government departments had designated clerks to attend to the elderly and persons with disabilities. There were no policies to encourage hiring of persons with disabilities in the public or private sectors.

Mental health provisions and protections generally were poor. Informal government-organized committees for persons with disabilities were tasked with public education and advocating for protections against discrimination. The country does not have a reliable system for identifying persons with disabilities who need services. The Ministry of Education, Culture, Youth, and Sports maintained an educational unit offering limited and segregated education programs within the mainstream school system. Two schools and four education centers specialized in working with children with disabilities. Children with disabilities attended mainstream schools through secondary education at a significantly lower rate than other children and were placed with nondisabled peers.

The special envoy for women and children continued advocacy campaigns on behalf of persons with disabilities, especially children, and supported efforts to promote schools that took steps to create inclusive environments for them. A survey conducted by Rights Insight found that approximately 50 percent of respondents believed persons with disabilities were treated unfairly.

Indigenous People

No separate legal system or laws cover indigenous peoples, since the government maintains that it treats all citizens the same. Employers, public and private, generally treated indigenous peoples equally with other ethnic groups for employment and other purposes.

The Maya Leaders’ Alliance monitored development in the Toledo District with the goal of protecting Mayan land and culture. During the year the Maya in the southern part of the country and the government continued working on a way to implement the 2015 Caribbean Court of Justice consent order on Maya customary land tenure. In January the government approved the appointment of a mediator to hear matters and complaints from the Maya community regarding the court order.

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

The law does not prohibit discrimination specifically against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, or access to government services such as health care, but the constitution provides for the protection of all citizens from any type of discrimination.

The Immigration Act prohibits “homosexual” persons from entering the country, but immigration authorities did not enforce the law.

In December 2019 the Court of Appeal upheld the 2016 ruling of the Supreme Court that overturned a section of the criminal code decriminalizing consensual same-sex relations between adults. The government made the appeal after pressure from the churches that disagreed with the court’s interpretation of sex. As of October the government had declined to appeal the case to the Caribbean Court of Justice–the highest appellate court in the region–nor had the Council of Churches publicly called for such an appeal.

The extent of discrimination based on sexual orientation or gender identity was difficult to ascertain due to a lack of official reporting. UniBAM stated that discrimination and assault based on these factors continued to be substantially underreported, and its director noted that in communities with strong religious affiliation, police officers often refused to take reports from victims of discrimination. According to UniBAM, LGBTI persons continued to be denied medical services and education and encountered family-based violence.

According to a study conducted by Our Circle, a local LGBTI rights advocacy group, 13 percent of respondents felt unsafe in their homes because of their sexuality, 70 percent of whom lived in the Stann Creek District. A survey conducted by Rights Insight found that 34 percent of respondents believed LGBTI persons were treated unfairly, compared to other groups.

HIV and AIDS Social Stigma

There was some societal discrimination against persons with HIV and AIDS, and the government worked to combat it through public education efforts of the National AIDS Commission under the Ministry of Human Development.

The law provides for the protection of workers against unfair dismissal, including for HIV status.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutes, generally provides for the right to establish and join independent trade unions, bargain collectively, and conduct legal strikes. The Ministry of Labour, Local Government, and Rural Development (Ministry of Labour) recognizes unions and employers associations after they are registered, and the law establishes procedures for the registration and status of trade unions and employer organizations and for collective bargaining. The law also prohibits antiunion discrimination, dissolution, or suspension of unions by administrative authority and requires reinstatement of workers fired for union activity.

The unions, under their umbrella organizations the National Trade Union Congress and the Civil Society Steering Group, are represented in the Senate by a “Labour Senator.” This senator provides labor organizations direct input into the political and legislative process.

The law allows authorities to refer disputes involving public- and private-sector employees who provide “essential services” to compulsory arbitration, prohibit strikes, and terminate actions. The postal service, monetary and financial services, civil aviation, petroleum sector, port authority personnel (stevedores and pilots), and security services are deemed essential services by local laws, beyond the International Labor Organization definition of essential services. There were no formal reports of antiunion discrimination, but there were reports workers were intimidated into either not joining a union or dropping union membership if they had joined.

In March the Christian Workers Union (CWU) threatened industrial action by stevedores operating the country’s largest seaport after the port authority refused to negotiate a redundancy package for some stevedores. With the onset of the COVID-19 crisis, the port dismissed 36 employees, including CWU members. The dismissal instigated a peaceful protest by union members, but this was met with force by the Gang Suppression Unit, which used tear gas and rubber bullets to disperse the crowd, injuring several men. The BPD initiated an investigation and removed the commanding officer of the operation after it was found that the commissioner of police had issued no order to use force. In August the Port of Belize Limited and the CWU signed a three-year collective bargaining agreement after 16 years of negotiations.

In September the University of Belize signed an agreement with the University of Belize Faculty and Staff Union. Under financial pressure from COVID-19-imposed restrictions on attendance and operations, the university administration sought to drastically reduce staffing and payment to cover shortfalls. The faculty and staff union formed as a result and was able to establish itself as negotiator on behalf of the workers.

Workers may file complaints with the Ministry of Labour or seek redress from the courts, although it remained difficult to prove that terminations were in retaliation to union activity. The ministry’s Labour Department generally handled labor cases without lengthy delays and dealt with appeals through arbitration outside the court system. The court did not apply the law requiring reinstatement of workers fired for union activity and provided monetary compensation instead.

The government generally enforced the law in the formal sector but did not effectively enforce it in the large informal sector due to lack of registration from employers. The Labour Department was hampered by factors such as a shortage of vehicles and fuel in its efforts to monitor compliance, particularly in rural areas. There were complaints of administrative or judicial delays relating to labor complaints and disputes. Penalties were not commensurate with other violations. There were several anecdotal reports of dismissals of employees in the private sector as a result of the financial constraints instigated by the COVID-19 crisis. The Labour Department did not provide data of registered complaints.

Antiunion discrimination and other forms of employer interference in union functions sometimes occurred, and on several occasions unions threatened or carried out strikes. NGOs working in migrant communities in the informal sector asserted that in certain industries, particularly the banana, citrus, and construction sectors, employers often did not respect due process, did not pay minimum wages, and classified workers as contract and nonpermanent employees to avoid providing certain benefits. An NGO noted that both national and migrant workers continued to be denied rights.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. Penalties for forced or compulsory labor are covered under the antitrafficking law and are not commensurate with those for similar crimes, such as kidnapping. The government did not effectively enforce the law. Resources and inspections to enforce compliance were insufficient. Forced labor of both Belizean and foreign women occurred in bars, nightclubs, and domestic service. Migrant men, women, and children were at risk for forced labor in agriculture, fishing, and the service sector, including restaurants and shops, particularly among the South Asian and Chinese communities.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all of the worst forms of child labor. The law sets the minimum age for employment at 14 generally, with the exception of work in wholesale or retail trade or business, for which the minimum age is 12. “Light work,” which is not defined in the law, is allowed for children ages 12 and 13. Children ages 14 to 18 may be employed only in an occupation that a labor officer determines is “not injurious to the moral or physical development of nonadults.” Children older than 14 are explicitly permitted to work in certain “industrial undertakings,” which can include mining, manufacturing, and construction. Children younger than 16 are excluded from work in factories, and those younger than 18 are excluded from working at night or in certain kinds of employment deemed dangerous. The Labour Department used a list of dangerous occupations for young workers as guidance, but the list was not adopted as law.

The law permits children to work on family farms and in family-run businesses from the age of 10, taking into consideration the well-being of the child and continued enrollment in school. National legislation does not address a common situation in which child labor is contracted between a parent and the employer. The National Child Labor Policy distinguishes between children engaged in work that is beneficial to their development and those engaged in the worst forms of child labor. The policy identifies children involved in the worst forms of child labor as those engaged in hazardous work, human trafficking and child slavery, commercial sexual activities, and illicit activities.

The Labour Department has primary responsibility for implementing labor policies, but it did not effectively enforce the law. Inspectors from the Labour and Education Departments are responsible for enforcing these regulations, with the bulk of the enforcement falling to truancy officers. Penalties were not criminal nor commensurate with those for similar crimes. There is also a National Child Labor Committee under the National Committee for Families and Children, a statutory interagency group that advocates for policies and legislation to protect children and eliminate child labor.

Schooling is mandatory until age 14, and many poorer parents withdraw their children from school on their 14th birthday to put them to work in the informal sector. Children working for their parents are exempt from many of the protections provided in the formal system. Officers of the Ministry of Education are unable to act legally against parents who withdraw their child from school against their child’s wishes.

Some children were vulnerable to forced labor, particularly in the informal agricultural and service sectors. Commercial sexual exploitation of children occurred (see section 6, Children). According to the most recent data available from the Statistical Institute of Belize from 2013, the country’s child labor rate was 3.2 percent, with half of those children involved in hazardous work. The problem was most prevalent in rural areas. Boys accounted for 74 percent of children illegally employed, mostly engaged in hazardous activities.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination with respect to employment on the basis of race, sex, gender, language, HIV-positive status or other communicable diseases, or social status. The government did not effectively enforce those laws and regulations. The law does not explicitly prohibit discrimination in employment with respect to disability, sexual orientation, or gender identity. There were reports discrimination in employment and occupation occurred with respect to hiring persons with disabilities and to their access to the workspace, as well as sexual orientation of applicants. One NGO reported that members of the LGBTI community often had problems gaining and retaining employment due to discrimination in the workplace. There were no officially reported cases of discrimination at work based on ethnicity, culture, or skin color, although anecdotal evidence suggested such cases occurred. The law mandates equal pay for equal work, but women lagged behind men in wages and promotions (see section 6). There are also restrictions on women working in certain industries, including mining, construction, factories, energy, water, and transportation.

In January, two female police officers took legal action against the BPD after they were among a group of officers who were disciplined for wearing dreadlock hairstyles, contrary to BPD regulations. Commissioner of Police Chester Williams indicated all members of the department irrespective of their status or gender should abide by BPD policies.

e. Acceptable Conditions of Work

The national minimum wage was above the poverty-limit income level. The law sets the workweek at no more than six days or 45 hours and requires premium payment for overtime work. Workers are entitled to two workweeks’ paid annual holiday. Additionally, there are 13 days designated as public and bank holidays. Employees who work on public and bank holidays are entitled to pay at time-and-a-half, except for Good Friday and Christmas, which are paid at twice the normal rate.

Several different health and safety regulations cover numerous industries. The regulations, which apply to all sectors, provide that the employer must take “reasonable care” for the safety of employees in the course of their employment. The regulations further provide that every employer who provides or arranges accommodation for workers to reside at or in the vicinity of a place of employment shall provide and maintain sufficient and hygienic housing accommodations, a sufficient supply of wholesome water, and sufficient and proper sanitary arrangements.

The Ministry of Labour did not consistently enforce minimum wage, hour, and health and safety regulations. Inspectors could make unannounced visits and initiate sanctions, but the number of inspectors was not sufficient to secure compliance, especially in the more remote areas. Fines varied according to the infraction but generally were not commensurate with those for similar crimes. In July the Ministry of Labour established the Labour Complaints Tribunal after a nine-year hiatus. It was unclear how many cases the tribunal heard during the year.

The minimum wage was generally respected. Nevertheless, anecdotal evidence from NGOs and employers suggested that undocumented Central American workers, particularly young service workers and agricultural laborers, were regularly paid below the minimum wage.

Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment. As of October no major accidents caused death or serious injury.

Bolivia

Executive Summary

Bolivia is a constitutional, multiparty republic with an elected president and a bicameral legislature. On October 18, Luis Alberto Arce Catacora, candidate for the Movement Toward Socialism Party, won a presidential election with 55 percent of the vote. His closest opponent, Citizen Community coalition candidate Carlos Diego Mesa Gisbert, won 28.8 percent. International electoral observation missions and domestic electoral observation organizations characterized the elections as free, fair, and transparent.

The national police, under the Ministry of Government’s authority, have primary responsibility for law enforcement and the maintenance of order within the country, but the Armed Forces, which report to the Ministry of Defense, may be called to help in critical situations. Immigration officials report to the Ministry of Government, and police and military share responsibilities for border enforcement. Civilian authorities maintained effective control over the security forces. Members of the security forces committed abuses.

Significant human rights issues included: torture and cases of cruel, inhuman, or degrading treatment or punishment by government officials; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious problems concerning judicial independence; restrictions on free expression, the press, and other media, including violence against journalists by state security forces and censorship; serious acts of corruption; lack of investigation of and accountability for violence against women; crimes involving violence targeting lesbian, gay, bisexual, transgender, and intersex persons; and use of child labor.

The government took steps in some cases to prosecute members of the security services and other government officials who committed abuses, but inconsistent application of the law and a dysfunctional judiciary led to impunity.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings during the year.

The Institute of Forensic Investigations recorded 30 persons killed from October 20 to November 15, 2019, in the context of the postelectoral crisis. The death toll was corroborated by Office of the United Nations High Commissioner for Human Rights (OHCHR). Of these 30 deaths, OHCHR and forensic reports indicated nine persons were killed and more than 100 injured during demonstrations in Sacaba, Cochabamba Department, on November 15, 2019, and another 10 were killed and 30 injured during protests near the Senkata gas facility in El Alto, La Paz Department, on November 19, 2019.

Regarding the violent disturbances that occurred in the postelectoral period in October-November 2019, an August OHCHR report cited Institute of Forensic Investigation reporting that the use of lethal ammunition led to deaths and injuries during protests in Sacaba and Senkata. The OHCHR report also highlighted there were no reports of security forces being killed or wounded by gunfire during these same protests, although Ministry of Justice officials stated a number of security forces were wounded during the Sacaba incident. A December 2019 preliminary report from the Inter-American Commission on Human Rights (IACHR) stated the injury patterns in both cases “point strongly to extrajudicial killing practices.” Government authorities denied security forces were responsible for these deaths, claiming the protesters used their own firearms and that some calibers of the bullets found in victims’ corpses did not correspond to standard ammunition issued to police or armed forces. In a February interview with Human Rights Watch, then minister of government Arturo Murillo claimed leaders of the Movement Toward Socialism (MAS) Party killed their party’s own supporters in Sacaba and Senkata, referencing the forensic reports that allegedly found bullets in victims that were inconsistent with the caliber used by security forces. The August OHCHR report cited forensic reports indicating authorities were unable to recover the vast majority of bullets that killed and injured protesters in the two incidents and that authorities had not conducted any formal assessment of the weapons carried by security forces during those operations. Government officials stated the use of force by security forces was proportional to the protesters’ level of violence. The officials indicated protesters had homemade weapons and explosive material and that they intended to cause an explosion at the gas installation the armed forces were guarding in Senkata. The OHCHR also reported accounts of the events from authorities, victims, and witnesses revealed inconsistencies that needed to be investigated.

A September Human Rights Watch report indicated other persons died in subsequent clashes between pro-Morales supporters and their opponents, including two men allegedly killed by Morales supporters in Montero, Santa Cruz Department. According to local media, two police officers were also killed in the postelection violence. In November 2019 police sergeant Juan Alarcon Parra died of injuries after allegedly being beaten by a mob, and Lieutenant Coronel Heybar Alarcon died in a motorcycle accident allegedly after being attacked by protesters.

In December 2019 the IACHR announced it had signed an agreement with the transitional government to create a mechanism to support the investigation of acts of violence and human rights abuses that took place between September and December 2019. Subsequently, an Interdisciplinary Group of Independent Experts (GIEI) was created by the IACHR with the agreement of the transitional government to investigate the events for a period of six months, which could be extended by agreement of the parties for as long as necessary to fulfill its mission.

On November 23, the Arce government and the IACHR signed a protocol agreement during a public ceremony at the Ministry of Foreign Affairs to install the five-member GIEI and officially begin the investigation into the acts of violence that occurred between September and December 2019. The group of international human rights experts is scheduled to conduct meetings with victims, witnesses, government authorities, and civil society. The government authorized the group to have access to police and military records to conduct an independent and impartial investigation of the acts of violence surrounding the October 2019 general election.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits all forms of torture, coercion, and physical and emotional violence, but there were reports that government officials employed them. The penal code carries only minimum penalties for persons convicted of torture, but no public official had ever been found guilty of the crime.

A representative of the Ombudsman Office, Nelson Cox, alleged that nine prisoners from the Chapare region detained on drug charges were physically and psychologically attacked by police after they were sent on April 26 to the El Abra Prison in Cochabamba. Cox referenced a report from the prison physician that found bruising and lesions on the prisoners resulting from blows to their lower extremities, back, and ribs.

Nongovernmental organizations (NGOs) charged that the Ministry of Justice’s Service to Prevent Torture failed to denounce consistently torture by police and military personnel, who employed it frequently. NGOs reported that police investigations relied heavily on torture to procure information and extract confessions. The majority of abuses reportedly occurred while officials were transferring detainees to police facilities or holding them in detention. According to reports from NGOs engaged with prison populations, the most common forms of torture for detainees included rape, gang rape by guards, sensory deprivation, use of improvised tear gas chambers and Tasers, asphyxiation, verbal abuse, and threats of violence.

Within the military, torture and mistreatment occurred both to punish and to intimidate trainees into submission. Military officials regularly verbally abused soldiers for minor infractions and perceived disobedience.

Impunity remained a significant problem in the National Police due to corruption and politicization of the judicial system, with mechanisms to investigate abuse rarely utilized or enforced. Complex legal procedures, large numbers of detainees, judicial inefficiency, executive interference, corruption, and inadequate case-tracking mechanisms contributed to police impunity. According to a 2019 report by the Department of Inspection and Control of Disciplinary Cases of the Institution of Order, 180 police officers cited in criminal proceedings between 2014 and 2019 were reinstated after their cases were closed. Of the 180 officers, 84 were involved in drug trafficking and corruption cases. Mechanisms to investigate abuse exist, but investigations frequently were not completed due to systemic corruption that encouraged investigated parties to pay off investigators. NGOs and the international community offered most training courses to increase respect for human rights, but few took place throughout the year due to COVID-19 restrictions.

Prison and Detention Center Conditions

Prisons were overcrowded, underfunded, and in poor condition, resulting in harsh and life-threatening conditions. Violence was pervasive due to inadequate internal security.

Physical Conditions: According to the government’s Penitentiary Regime Directorate, prison facilities had a combined capacity for 6,765 persons, but in March the prison population was 18,260 inmates, representing a 270 percent overpopulation. The problem was most acute in the 20 urban prisons, which had a combined capacity of 5,436 persons but held 15,581 inmates.

Women’s prisons operated in Cochabamba, two in La Paz, Reyes, Rurrenabaque, Santa Rosa, and Trinidad. Men and women shared sleeping facilities in Morros Blancos Prison in Tarija, Montero Prison in Santa Cruz, Riberalta Prison in Beni, and Oruro Prison in Oruro. In other facilities men and women had separate sleeping quarters but commingled daily. Female inmates experienced sexual harassment and assault on a regular basis, and some were forced to pay antirape extortion fees. While observers noted violence against women, such as rape, was rampant, they reported a culture of silence that suppressed reporting of gender-based violence due to fear of reprisal.

Although the law permits children up to age six to live with an incarcerated parent under “safe and regulated conditions,” children as old as 12 resided in detention centers with incarcerated parents, despite unsafe conditions, often because the parents lacked viable alternative living arrangements due to poverty or family constraints. Minors ages six and younger were allowed only in women’s prisons. Minors were not allowed to live in men’s detention centers.

The law sets the juvenile detention ages from 14 to 16 and requires that juvenile offenders be held in facilities separate from the general prison population to facilitate rehabilitation. Children younger than age 14 are exempt from criminal liability but may be subject to civil liability. Adult inmates and police reportedly abused juvenile prisoners. Rehabilitation programs for juveniles or other prisoners were scarce.

Violence was ubiquitous due to inadequate internal security. Abuses perpetrated by penitentiary officials included systematic intimidation, rape, psychological mistreatment, extortion, torture, and threats of death. There were reports of rape and sexual assault committed by authorities and other inmates.

Prisoners with independent means could purchase a transfer to the rehabilitation center, a newly built detention facility with better living conditions. One medical doctor attended to prisoners in each prison twice a month. Although medical services were free, prisons rarely had medications on hand. Skin diseases and tuberculosis were widespread due to the cramped sleeping quarters and lack of medicine to manage contagion. Incarcerated women lacked access to obstetric services.

Corruption was persistent. A prisoner’s ability to pay bribes often determined physical security, cell size, visiting privileges, ability to attend court hearings, day-pass eligibility, and place and length of confinement. Inmates and NGOs both alleged there was an insufficient number of police officers to escort inmates to their hearings, and prison directors often refused to intervene, exacerbating delays. Police sometimes demanded bribes in exchange for granting inmates the right to attend their own hearings. Independent media reported corruption complaints against police were common. Prison inmates stated guards extorted money in order to receive goods.

On July 27, inmates at four separate detention centers in Cochabamba mutinied against poor sanitary conditions and lack of medical care. Inmates from San Sebastian Male Prison, San Sebastian Female Prison, San Pedro de Sacaba Prison, and San Pablo de Quillacollo Prison staged separate protests demanding rapid COVID-19 testing, medical attention, and considerations of amnesty and pardons after three inmates died of suspected COVID-19 symptoms in San Sabastian Male Prison and another three in San Pablo de Quillacollo Prison. A relative of one of the inmates said there were no physicians or medical supplies inside the facility. Inmates complained that many judicial activities had been suspended since the start of the pandemic due to infections among judges. The heightened tension followed the suspected COVID-19 death of 23 inmates in the San Pedro Jail of La Paz.

On August 19, Director General of the Penitentiary System Clemente Silva Ruiz reported in a UN webinar that 56 prisoners had died due to COVID-19 throughout the prison system. He stated that overcrowding, a lack of infrastructure, and a lack of medical personnel were the main factors for the loss of life. According to data provided during the webinar, since the start of the COVID-19 outbreak the Penitentiary System registered 118 confirmed cases, with 16 persons hospitalized, 56 deceased, and five awaiting test results. There were also 149 suspected cases. The director explained that despite the prison system’s contracts with hospitals to care for prisoners, inmates with suspected COVID-19 were denied care due to a lack of space in the hospitals.

Administration: Authorities generally did not conduct investigations of credible allegations of mistreatment. According to the UN Office on Drugs and Crime, prisoners could submit complaints to a commission of district judges for investigation, but due to fear of retaliation by prison authorities, inmates frequently did not do so.

Independent Monitoring: The government generally permitted monitoring by independent NGO observers such as the International Committee of the Red Cross, local NGOs, judges, religious organizations, legislators, and media. The COVID-19 pandemic greatly restricted independent monitoring of prison conditions, however. As of August observers reported a nearly four-month court closure during the national quarantine and a near complete ban on visiting prisons by outside monitors, with many lawyers who represented defendants unable to visit in person. Criminal justice activists also pointed to the lack of any law related to the access to public information in the prison system and stated the lack of transparency and opacity in the judicial branch increased during the COVID-19 pandemic.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but the government did not always respect the law. The law also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision, although international human rights groups highlighted a number of potentially politically motivated cases initiated by the interim government that resulted in arbitrary arrest.

Arrest Procedures and Treatment of Detainees

The law requires that police obtain an arrest warrant from a prosecutor and that a judge substantiate the warrant within eight hours of an arrest. Police did not strictly adhere to these time restrictions, except in cases in which the government specifically ordered adherence. The law also mandates that a detainee appear before a judge within 24 hours (except under a declared state of siege, during which a detainee may be held for 48 hours), at which time the judge must determine the appropriateness of continued pretrial detention or release on bail. The judge is to order the detainee’s release if the prosecutor fails to show sufficient grounds for arrest. The government allows suspects to select their own lawyers and provides a lawyer from the Public Defender’s Office if the suspect requests one. The public defenders were generally overburdened and limited in their ability to provide adequate, timely legal assistance. While bail is permitted, most detainees were placed in pretrial detention or could not afford to post bail. Several legal experts noted pretrial detention was the rule rather than the exception.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention, but the government did not always respect the law.

On May 22, Judge Hugo Huacani ordered the transfer of Edith Chavez Arauco, the babysitter of former president Evo Morales’s minister of the presidency, Juan Ramon Quintana, from pretrial detention to house arrest after the time period of her ordered pretrial detention had expired. Hours later Judge Huacani was detained by police for a “lack of independence” in his ruling, according to a statement from the Interior Ministry. That same day the La Paz Departmental Attorney General’s Office reported it had not been involved in Judge Huacani’s arrest nor issued an arrest warrant against him, and on May 23, another judge ordered his release and declared his detention illegal. Amnesty International determined the detention was “arbitrary as it was based solely on the fact that the government disagreed with a judicial decision he [Judge Huacani] had taken.”

Pretrial Detention: The law affords judges the authority to order pretrial detention if there is a high probability a suspect committed a crime, if evidence exists that the accused seeks to obstruct the investigation process, or if a suspect is considered a flight risk. If a suspect is not detained, a judge may order significant restrictions on the suspect’s movements.

The law states no one shall be detained for more than 18 months without formal charges. If after 18 months the prosecutor does not present formal charges and conclude the investigatory phase, the detainee may request release by a judge. The judge must order the detainee’s release, but the charges against the detainee are not dropped. By law the investigatory phase and trial phase of a case may not exceed 36 months combined. The law allows a trial extension if the delays in the process are due to the defense. In these circumstances pretrial detention may exceed the 36-month limit without violating the law.

Despite the legal limits on pretrial detention, prolonged pretrial detention remained a problem. Complex legal procedures, large numbers of detainees, judicial inefficiency, executive interference, corruption, a shortage of public defenders, and inadequate case-tracking mechanisms contributed to trial delays that lengthened pretrial detention and kept many suspects detained beyond the legal limits for the completion of a trial or the presentation of formal charges.

Many defense attorneys intentionally did not attend hearings in order to delay trial proceedings and ultimately avoid a final sentencing, either at the request of their clients or due to high caseloads. According to information received in March from the Penitentiary Regime Directorate, approximately 65 percent of prisoners were being held in pretrial detention, consistent with 2019 figures but less than in previous years, when 70-85 percent of the prison population was in pretrial detention.

Trial Procedures

The law provides for the right to a fair and public trial without undue delay, but the government did not always respect the law. Defendants are entitled to be informed of charges promptly and in detail and to a presumption of innocence and trial by a panel of judges. They have the right to avoid self-incrimination and to consult an attorney of their choice, receive adequate time and facilities to prepare a defense and confront adverse witnesses, present witnesses and evidence, and file an appeal. Defendants who cannot afford an attorney have the right to a public defender or private attorney at public expense. Free translation and interpretation services are required by law. Officials did not always comply with the law. Criminal justice observers pointed out the number of public defenders fell from 89 to 77 countrywide during the year, resulting in increased case backlogs. Observers also highlighted the perennial problems of poor retention due to the large workload and poor compensation, with public defenders often earning only half of what prosecutors earned.

Judicial system NGOs expressed concern regarding what they termed “the arbitrary use of the penal system” to criminally prosecute persons who violated COVID-19 quarantine measures. According to press statements from the prosecutor’s office of various departments, as of mid-May, 193 criminal sentences for crimes against public health had been delivered: 126 in Santa Cruz, 56 in La Paz, and 11 in Chuquisaca. According to other data released by the Public Prosecutor’s Office, from March 22 to April 20, the office had initiated 273 criminal cases of crimes against public health throughout all nine departments. NGOs expressed particular concern regarding the systematic use of abbreviated procedures that pressured defendants to plead guilty to obtain a lighter sentence and serve it under house arrest instead of in prison. NGOs argued this method of offering a lighter sentence if the defendant agrees to an abbreviated procedure violates due process legal provisions.

On April 30, the interim government released Decree Law No. 4226, Presidential Decree of Amnesty and Pardon for Humanitarian Reasons and National Health Emergency, against the contagion and spread of COVID-19 in the prison system. Many justice system observers and civil society representatives criticized the expansive exclusion criteria within the decree such as age limits or types of crimes that drastically reduce the number of prisoners eligible for parole or pardon. The limited number of public defenders, who would typically have to initiate the pardon requests, exacerbated the ineffectiveness of the decree.

Political Prisoners and Detainees

According to an August OHCHR report, the Office of the Attorney General initiated criminal proceedings against approximately 150 former Morales government officials at all levels from November 2019 to February. Common charges included sedition, terrorism, and breach of duties, and the proceedings were often initiated by legal complaints from interim government officials. The OHCHR expressed concern that the overly broad and vague definitions of crimes such as terrorism, sedition, and breach of duties “could be arbitrarily applied to restrict the rights of a person.” The report also noted violations of legal due-process provisions, irregularities in the notification of legal warrants, and the detention and prosecution of defense attorneys. In September, Ministry of Justice officials denied these figures, claiming that only a handful of terrorism or sedition investigations remained open. The officials cited the case of former minister of culture Wilma Alanoca Mamani and nine other colleagues from the Ministry of Culture who allegedly fabricated Molotov cocktails and distributed them to MAS supporters in the days preceding Morales’ resignation.

On August 19, the International Policy Commission in the MAS-controlled Chamber of Deputies approved the extension of a bill for the safe conduct of former officials in the Morales administration who had claimed asylum in the residence of the Mexican embassy since late 2019. Following the departure of Morales in November 2019, seven former officials sought asylum in the Mexican embassy, among them former presidency minister Juan Ramon Quintana, former defense minister Javier Zabaleta, and former justice minister Hector Arce. Gonzalo Aguilar, a MAS deputy, claimed these former officials had not been found guilty of any crime and had been accused of political crimes. Officials in the interim government’s Foreign Ministry disagreed, stating that Congress could not encroach other legal jurisdictions and that many of the former officials had urgent arrest orders pending against them for charges of sedition, terrorism, terrorist financing, and public incitement to commit a crime. Following the October 18 elections, the majority of the detention orders and criminal investigations against the former officials were dropped, and all seven officials eventually left the Mexican embassy. On October 25, a judge annulled the detention order against Zabaleta, and on November 1, judges annulled the detention orders against Quintana and Hector Arce.

Civil Judicial Procedures and Remedies

The law permits individuals and organizations to seek criminal remedies for human rights violations through domestic courts. At the conclusion of a criminal trial, the complainant may initiate a civil trial to seek damages. The human rights ombudsman may issue administrative resolutions on specific human rights cases. The ombudsman’s resolutions are nonbinding, and the government is not obligated to accept his or her recommendations.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

While the constitution provides for freedom of expression, including for the press, the former Morales government, and to a lesser extent the transitional government, carried out reprisals against media outlets that expressed dissenting opinions. Some media outlets reported the government pressured and intimidated them to report favorably regarding its policies, particularly by withholding government advertising and imposing steep taxes.

Freedom of Speech: On March 25, the interim government issued Presidential Decree 4200 as one of the first major government decrees to fight the COVID-19 pandemic by mandating a national quarantine through April 15 (which was later extended due to an increase in COVID-19 cases). In a section titled “Sanctions for Lack of Compliance,” the second clause reads: “Individuals who incite noncompliance with this decree or misinform or cause uncertainty in the population will be subject to criminal charges for crimes against public health.” A subsequent clause states persons who commit crimes against public health “will be subject to imprisonment for one to 10 years, in accordance with the stipulations of the penal code.” The decree itself establishes no legal sanctions beyond those that already exist. The decree’s language led to criticisms from international observers. On April 7, Jose Miguel Vivanco of Human Rights Watch called the decree’s provision “overly broad” and argued the interim government “appears to be taking advantage of the pandemic to give itself the power to punish anyone who publishes information the government deems ‘incorrect,’ in violation of free speech protections.” On April 11, the IACHR special rapporteur for freedom of expression echoed this sentiment in a tweet, claiming the provision reflected a “disproportionate use of penal law to criminalize commentary on issues of public interest.”

On May 7, the interim government issued Presidential Decree 4231, which states that persons who disseminate information “be it in written, printed, artistic form and/or by any other procedure that puts them at risk or affects public health, or generates uncertainty in the population, will be liable to complaints for the commission of crimes established in the penal code.” This decree built upon Presidential Decree 4200 to deter the spread of “misinformation” related to COVID-19 by broadening the potential methods of disinformation to include “printed and/or artistic form.” Following this decree, the Ombudsman’s Office announced it would file an action before the Constitutional Tribunal to declare Decree 4231 was unconstitutional and violated the fundamental democratic right to freedom of expression. Many entities previously critical of the Morales government’s record on free speech issues noted the decree represented a similar threat against freedom of speech. The Association of Journalists of Bolivia and the Association of Journalists of La Paz called for the repeal of Decree 4231, since “it establishes a severe unconstitutional and unconventional restrictions by penalizing the human and fundamental right to freedom of expression.”

Following a May 14 cabinet meeting, the interim government announced it was annulling the relevant provisions of each “disinformation” decree. The interim government had been widely criticized by domestic and international groups, including the IACHR, for the decrees’ language, which many had argued countered citizens’ free speech and free press rights and international commitments.

On April 21, Mauricio Jara Pacheco was arrested and placed into pretrial detention for allegedly inciting the population via WhatsApp Messenger groups to ignore the rigid national quarantine measures and for belonging to a group of “digital warriors” tied to the previous Morales administration. He was charged with sedition, public instigation to commit a crime, and attacks against public health. On April 29, a total of 46 journalists and media figures released a public statement demanding his release and urging the government to respect freedom of expression. As of September, Jara Pacheco remained in pretrial detention while the investigation continued.

Freedom of the Press and Media, Including Online Media: According to Supreme Decree 181, the government should provide goods and services to all media outlets in a nondiscriminatory manner, but it did not purchase advertisements in media outlets considered adversarial.

Media outlets alleged the government pressured news organizations to report favorably on government policies and retaliated against news organizations that did not comply. The National Press Association of Bolivia (ANP) and several journalists alleged the government’s retaliatory tactics included withdrawing advertisements and conducting excessive tax audits, which forced companies to spend significant time and resources to defend themselves. Civil society organizations explained that while reported harassment under the interim government was not as serious as during the Morales government, other forms of economic pressure via advertising used under the Morales administration continued relatively unchanged. In late 2019 Minister of Communication and Minister of Government Murillo threatened journalists who published stories against the government, but no charges were filed.

Violence and Harassment: Journalists faced threats. On September 11, the ANP Monitoring Unit released a report that detailed 87 cases of assault or attacks against journalists in 2019, up 165 percent from 2018. The unit cited increased social tension during an electoral year as the principal cause. In addition to the 87 cases of direct attacks, the report also highlighted other “alerts” of aggression against freedom of expression that included restricting access to information, stigmatizing discourse, and internet restrictions. Of the 162 total alerts (including the 87 cases of attacks against journalists), the report identified the government as the perpetrator in 28 percent of them, with the other alerts attributed to nonstate actors (mainly protesters) or unknown perpetrators.

On July 29, the ANP reported that at least four journalists were physically and verbally attacked during a march organized by the trade union federation Central Obrera Boliviana and organizations aligned with MAS against the postponement of the general election date, but several of those affected opted for self-censorship to avoid retaliation. Protesters tried to take mobile phones from press envoys filming the marches, and other press workers were insulted and threatened by marchers. One federation leader, who organized the protests, claimed the leadership lacked the ability to control “radical people” among the bases.

On May 20, the ANP reported that a journalist and cameraman were ambushed by MAS-aligned protesters in the K’ara neighborhood of Cochabamba as they attempted to cover a conciliation meeting between community members and municipal authorities regarding a garbage dump that had been temporarily closed due to COVID-19 concerns. According to victim testimony and video from the incident, protesters threw large rocks through the windshield of a press vehicle and chased the journalists as they attempted to flee. The cameraman suffered chest injuries from the stone and shattered glass.

Censorship or Content Restrictions: Journalists sometimes practiced self-censorship due to fear of losing their jobs or losing access to government sources, in addition to fear of prosecution and harassment.

Internet Freedom

There was no evidence the government restricted or disrupted access to the internet or censored online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events, although political considerations allegedly influenced academic appointments.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but some civil society organizations criticized the interim government for using the pretext of the COVID-19 national quarantine to restrict the right of freedom of assembly. The government generally respected the right of freedom of association.

Freedom of Peaceful Assembly

While the law requires a permit for most demonstrations, the government rarely enforced the provisions, and most protesters demonstrated without obtaining permits. Most demonstrations were peaceful, but occasionally demonstrators carried weapons, including clubs, machetes, firearms, firecrackers, and dynamite. Security forces at times dispersed protest groups carrying weapons or threatening government and private facilities. The number of protests sharply increased due to the postponement of the election to October 18. Protesters established roadblocks that impeded highway traffic for nearly two weeks, and counterprotesters clashed with blockaders in many cities. In September parents of public school students in major cities initiated peaceful, targeted protests to demand school breakfasts for their children, which had been halted when schools closed at the start of the national quarantine.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-country Movement: The law prohibits travel on election days and on census days and restricts foreign and domestic travel for up to three months as a penalty for persons who do not vote.

Foreign Travel: On March 25, the interim government enacted a total quarantine and border closing without prior advance public notice, leaving thousands of citizens working in bordering countries stranded outside their homeland. Many of these migrants had lost jobs or income in bordering countries due to lockdown measures and found themselves left at the border in makeshift quarantine camps for indefinite periods of time.

On April 5, UN High Commissioner for Human Rights Michelle Bachelet cited the example of Bolivians stranded at the border with Chile and noted that in the beginning of the crisis, approximately 1,300 citizens, including pregnant women, elderly persons, and children, were stranded on the Chilean side of the border and forced to sleep in the open in freezing temperatures with little food or water before Bolivian and Chilean officials were able to partially remedy the situation weeks later.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

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 through the National Commission on Refugees. The country has a legal structure and framework to accommodate those seeking refuge and has a registry of refugees and stateless persons.

The interim government’s National Commission on Refugees reported it had reactivated processing of refugee applications and approved 176 cases as of October.

Employment: Refugees have the right to work once authorities grant their residency status but not while waiting on pending applications. International Organization for Migration officials assisted with economic integration programs in coordination with the interim government to support entrepreneurs and small business owners from the Venezuelan community to create and maintain small businesses.

Durable Solutions: Refugee recognition does not entail in itself a path to naturalization. In 2016 the Interior Ministry approved a reduction of fees for the naturalization procedure for recognized refugees. Any refugee who wishes to begin this process must comply with all the general legal requirements. UNHCR reported it knew of no cases in the past three years of refugees who applied for naturalization. On January 28, Marcel Rivas, the director general of migration, approved a resolution allowing Venezuelan minors without identification documents or expired documents to regularize their immigration status with authorities. Immigration authorities set up this special measure in recognition of the difficulty of obtaining updated Venezuelan identity documents by changing the regulations to allow parents to attest to the identity of their children using photocopies of their Venezuelan birth certificates or identity documents, even if they were expired. Immigration contacts estimated that approximately 3,000 Venezuelans were “living on the streets,” many of whom were minors. Previously the law required proper entry documents in order to regularize immigration status.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: On October 18, MAS candidate Luis Arce won the election for president with 55 percent of the vote. His closest opponent, Citizen Community candidate Carlos Mesa, won 28.8 percent of the vote. The elections were peaceful, and Mesa conceded soon after the release of the preliminary vote tabulations. International electoral observation missions and domestic electoral observation organizations characterized the elections as free, fair, and transparent. On November 8, Luis Arce and David Choquehuanca were sworn in as president and vice president, along with the 36 newly elected members of the Senate and 130 members of the Chamber of Deputies.

After negotiations in November 2019 produced the framework for a new electoral process, the Supreme Electoral Tribunal (TSE) set the initial date for general elections on May 3. As the prospects for that date waned due to a national quarantine and COVID-19 fears, in March the TSE, in consultation with political parties and the National Assembly (ALP), postponed the elections from the May 3 date without announcing a date. After the MAS sought to force elections by early August, a timeframe to which the TSE never agreed, on June 2, the TSE again negotiated an agreement with most parties to move the date to September 6. Soon afterward, the scale of the COVID-19 pandemic became more apparent, with the collapse of health-care system’s ability to handle patients and several high-profile deaths. On July 23, the TSE announced that it was postponing national elections for the second time to October 18, with a second-round presidential runoff election to be held on November 29, if necessary. Marking a first, the TSE made its decision without the assent of the National Assembly (ALP), asserting its authority to do so as a fourth and coequal branch of government. This decision marked the third time an election date had been set since the annulled, fraudulent election of October 2019.

Despite protests and subsequent blockades from the opposition, legal and electoral experts agreed the TSE acted within its constitutional limits regarding its decision to delay national elections by six weeks due to rising COVID-19 cases. TSE leaders justified their decision to postpone elections to October 18 without obtaining assent from the ALP by citing the 2009 constitution and later electoral laws that establish the electoral body as an independent and coequal branch of government with well defined electoral prerogatives. TSE President Salvador Ignacio Romero Ballivian stated the TSE consulted various epidemiological studies from the Ministry of Health and international health organizations to assess forecasts of the pandemic peaking in September. Romero explained the TSE ultimately decided to push back the election date to minimize public-health risks during the peak of the crisis. Prior to the TSE decision, many civil society groups and the majority of presidential candidates, with the exception of MAS candidate Luis Arce, had called on the TSE to delay the election due to the exponential rise in coronavirus cases and threats to public safety.

Article 12 of the 2009 constitution clearly identifies the TSE as a coequal branch of the state that maintains its independence and separation from the legislative, judicial, and executive branches. Article 24 of the 2008 Electoral Body Law further delineates the TSE responsibilities to call fixed electoral processes, decide election dates, and approve the respective electoral calendar. Local media reports quoted a number of constitutional and electoral experts who argued the TSE acted within its legal scope of responsibilities to move the election date back based on legitimate public-health concerns. In a press release, the United Nations expressed support for the decision to delay the elections and expressed full confidence “in the professionalism and independence of the Plurinational Electoral Body (OEP).” The UN release also recalled how the TSE members were selected on the individual merits by all the political parties of the ALP and that TSE President Romero was appointed due to his “recognized and impeccable career in electoral matters.”

On August 12, following nearly two weeks of extensive protests and road blockades that paralyzed the country and restricted passage of vital medical supplies during the COVID-19 pandemic, political parties within the ALP reached an agreement giving legal approval for the postponement of elections to October 18. On August 13, interim president Anez signed the bill into law, and the TSE unanimously approved a resolution setting the election date for October 18.

In the face of international condemnation and dwindling public support for the protesters’ activities, MAS leadership began to distance themselves from initial solidarity, calling instead for “reflection” and eventually agreeing in principle on an August 8 election date. Other protest leaders from the Unity Pact initially rejected the MAS position and vowed to continue the protests and blockades. International organizations and humanitarian groups had criticized the protesters for preventing the passage of medical supplies through blockade lines. According to the interim government, these blockades resulted in the deaths of more than 30 COVID-19 patients who perished because trucks carrying life-saving oxygen tanks to hospitals were blocked. Local media also documented numerous acts of violent intimidation perpetrated by the protesters, including kidnapping, physical assault, arson, and vandalism. Despite vows from a small number of social organizations to continue the blockades in spite of the political agreement, overall support for the blockades quickly evaporated, and the majority of roadblocks had been cleared by August 17. Clashes between neighborhood civil groups and the blockaders were reported in the departments of Cochabamba and Santa Cruz during this period.

Political Parties and Political Participation: The law prohibits and sanctions the requirement of contributions to a political campaign and states political organizations “may not manage, accept, or receive, directly or indirectly, in whole or in part, any type of contributions, donations, subsidies, or support that have been provided from persons who had been forced to make the contribution by their superiors or employers, whether in public or private entities.”

On September 7, the Second Constitutional Chamber of La Paz ruled to deny the petition of former president Morales to run as a MAS candidate for the Senate. The ruling ratified the TSE’s February 21 decision to disqualify Morales’ Senate candidature due to his failure to meet the minimum permanent residency requirements from his asylum in Argentina. Following the TSE’s decision, representatives of the former president filed a constitutional protection case to reverse his disqualification. On September 7, the chamber ruled two-to-one against Morales’ constitutional protection petition.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. The law mandates gender parity in the candidate selection process at national, regional, and municipal legislative level.

While women had a substantial amount of representation on the legislative level, occupying 52 percent of legislative seats, they remained significantly underrepresented in executive positions. Candidates for mayor, governor, vice president, and president were not chosen from party lists, and the majority of executive political positions were held by men.

Women participating in politics faced violence and harassment. According to a survey conducted by the Association of Female Mayors and Councilwomen of Bolivia, 59 percent of councilwomen polled had suffered some type of violence or political harassment in their municipality, and 39 percent did not complete their term due to the severity of the threats and hostility they received.

On April 21, Patricia Arce, a MAS-affiliated mayor of Vinto, who was assaulted by a crowd of men in November 2019, was detained for an alleged breach of the national quarantine after police accused Arce and seven other persons of participating in a party in their private homes. Arce described the detention as a political act. The Association of Female Mayors and Councilwomen of Bolivia denounced the “irregular apprehension” of Arce and demanded an impartial investigation to determine whether excessive force was used during the arrest. On August 7, the Public Prosecutor’s Office presented criminal charges against Arce for making municipal dump trucks available to transfer rocks and debris to block the entrance and exit from an oxygen factory in Cochabamba during the two weeks of protests and blockades, following the TSE decision to postpone elections until October 18.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the former Morales government and to a lesser extent the transitional government did not implement the law effectively, and officials often engaged in corrupt practices with impunity.

Corruption: On May 20, authorities arrested Minister of Health Marcelo Navajas Salinas as part of an investigation into claims that the government paid inflated prices for ventilators to treat COVID-19 patients. In addition the state prosecutor announced four other Health Ministry officials had also been detained in relation to the investigation and that officials abroad and intermediaries involved in the purchases would also be investigated. Local newspaper Pagina Siete reported the government paid $4.7 million for 170 ventilators from the Spanish company GPA Innova, despite the contract being worth only $1.2 million. Press reports noted the steep premium paid for the ventilators, bought at approximately $27,500 each, were purchased from emergency funds the government received from the Inter-American Development Bank (IDB). The IDB stated it was concerned regarding “possible irregularities in the purchase of the respirators” by the Health Ministry.

In addition to former minister Navajas, lead prosecutor Mejillones stated that former legal director of the Ministry of Health, Fernando Valenzuela; former director of the Agency for Infrastructure in Health and Medical Equipment, Geovanni Pacheco Fiorilo; and the consul of Bolivia in Barcelona, Alberto Pareja, were also charged in the case. Mejillones further reported that a consultant for the IDB who gave “no objection” to the acquisition process was also charged.

On August 17, a judge ordered the former governor of Beni, Alex Ferrier Abidar of the MAS Party, to four months of pretrial detention after being accused of misappropriation of resources, embezzlement, and breach of duties associated with two large public works projects while he was governor. The largest project involved construction of the Trinidad-Loreto highway and alleged construction work that began without proper contract tenders being issued or awards being granted.

Financial Disclosure: The law requires public officials to report potential personal and financial conflicts of interest and to declare their income and assets. The law mandates that elected and appointed officials disclose their financial information to the auditor general, but their declarations are not available to the public. By law noncompliance results in internal sanctions, including dismissal.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups operated in the country, investigating and publishing their findings on human rights cases. Domestic NGOs and human rights groups reported they had more freedom to publicly report on sensitive problems under the interim government than under the Morales government. The Permanent Assembly of Human Rights (APDHB), an independent human rights organization, had been targeted by the Morales administration for reporting on sensitive topics such as Yungas region coca growers’ criticism of MAS and the indigenous communities’ Secure National Park and Indigenous Territory struggle against a highway through their protected area. During the interim government period, the APDHB freely reported on politically sensitive topics such as the need for anticorruption measures and the distribution of the International Monetary Fund’s COVID-19 financial assistance.

Government Human Rights Bodies: The constitution establishes a human rights ombudsman subject to confirmation by both houses of the Legislative Assembly to serve a six-year term. The ombudsman is charged with overseeing the defense and promotion of human rights, specifically defending citizens against government abuses. The constitution also affords the ombudsman the right to propose legislation and recommend modifications to laws and government policies. The ombudsman operated with inadequate resources. Civil society groups and several political figures contended the ombudsman lacked independence from the central government, in part because the MAS supermajority in congress allowed for the position’s confirmation without meaningful debate.

Both houses of congress have human rights committees that propose laws and policies to promote and protect human rights. Congressional deputies and senators sit on the committees for one-year terms.

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

Women

Rape and Domestic Violence: The law establishes penalties of imprisonment for 15 to 20 years for conviction of the rape of an adult (man or woman), but it was not enforced. Conviction of domestic abuse resulting in injury is punishable by three to six years’ imprisonment, and the penalty for conviction of serious physical or psychological harm is a five- to 12-year prison sentence. Despite these legal provisions, the NGO Community of Human Rights reported two-thirds of domestic violence cases were closed without action, and the conviction rate of the remaining cases was less than 1 percent.

The law prohibits domestic violence, but it was not enforced. Lack of training on the law and slow judicial processes, among other factors, continued to hinder the law’s full implementation, according to the UN Entity on Gender Equality and the Empowerment of Women (UN Women) and human rights groups. Domestic violence was the most frequently committed crime in the country, according to the National Observatory of Public Safety. According to a survey conducted by the local NGO Coordinator of Women, 50 percent of women were victims of a violent crime some time in their lives; two-thirds of these women suffered violence in their own home.

The law criminalizes femicide, the killing of a woman based on her identity as a woman, and conviction stipulates a sentence of 30 years in prison. Activists stated corruption, lack of adequate crime scene investigation, and a dysfunctional judiciary hampered convictions for femicide. According to the Public Ministry, 93 femicides were registered from January to August 24, with La Paz registering the highest number of any department with 30 reported incidents of femicide. The Public Ministry also documented 18,464 cases of violence against women from January to August. Following the publication of the figures, UN Women called for comprehensive actions to eliminate violence against women and full access to justice for all victims. Mercedes Cortez of the justice reform NGO Free Voice Justice Observatory stated the impunity rate for femicides reached 97.8 percent as of August; she called for more financial resources for the judicial system and an increase to the use of specialized prosecutors with experience in prosecuting gender-based violence. Under the interim government, the Ministry of Foreign Affairs held meetings and training sessions with businesswomen and female entrepreneurs with a focus on opening international markets to female business leaders and reducing bureaucratic procedures and obstacles for businesswomen.

According to the special prosecutor in crimes against life and personal integrity, Nuria Gonzales, social isolation due to the national quarantine had led to the increase in femicides, stating the majority of cases occurred in the victims’ own homes. On August 3, lawyers and families of victims demanded modification of Law 1173 Criminal Procedure Abbreviation that allows many alleged attackers to go free after completing their six months of preventive detention that the judge assigned to them.

On August 7, Dayneth Ch. of Cochabamba died in the Viedma hospital after being admitted with blows and burns to 80 percent of her body. Her partner claimed it had been an accident, but autopsy results revealed she had died from blunt force head trauma; her partner was charged with femicide.

Local media reported that in August, seven police officers were implicated in five cases of femicides and other violent acts. In some of these cases, the participation of uniformed police was reported and used as cover-up to provide impunity for their comrades. While senior public officials regretted how the image of police was being tarnished, Minister of Government Arturo Murillo stressed that police training could trigger violent and abusive action in some persons.

On August 11, Betsabe Mara Alcacia was killed by her partner, police lieutenant Adan Boris Mina. Investigations showed that Mina shot, burned, and then dismembered the body of the 24-year-old victim. Mina was captured, tried, convicted, and sentenced to 30 years in prison, but investigators indicated that two or three police officers helped cover up the crime and had yet to be apprehended.

Women’s rights organizations reported police units assigned to the Special Force against Violence did not have sufficient resources and frontline officers lacked proper training regarding their investigatory responsibilities. Women’s organizations also reported domestic violence victims received poor representation from public defenders and generally abandoned their cases after they languished in the justice system for years. On average it took three years for a domestic violence case to conclude. Once the case was closed, the victim was often responsible for the legal fees. The lack of public services, lengthy judicial process, and financial burden discouraged most women from reporting domestic abuse by their spouses.

The law calls for the construction of women’s shelters in each of the country’s nine departments. The municipalities of La Paz and Santa Cruz both had temporary shelters for victims of violence and their children. Human rights specialists explained the shelters for domestic violence survivors were not well staffed, did not promise anonymity, and could not provide protection from abusers. Human rights activists described shelters that, due to a lack of financial resources, mixed populations of many different vulnerabilities, such as juvenile delinquents, human trafficking victims, sexual abuse victims, and minors with mental-health issues.

According to the Public Ministry, during the COVID-19 national quarantine from March 22 to May 31, there were 2,378 cases of domestic violence, 153 cases of sexual abuse, and 124 cases of rape reported, marking a significant increase from 2019. Human rights activists stated the figures represented an undercount from the actual numbers because of the difficulty of reporting these crimes due to movement restrictions and the lack of other housing options for many female spouses during the quarantine.

Sexual Harassment: The law considers sexual harassment a criminal offense for which conviction is punishable by up to eight years’ imprisonment. There were no comprehensive reports on the extent of sexual harassment, but observers generally acknowledged it was widespread (see also section 3, Participation of Women and Members of Minority Groups) and that the sexual harassment laws were rarely enforced.

Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children, and to have the information and means to do so, free from discrimination, coercion, or violence. Civil society noted information on access to reproductive health can be difficult to obtain in rural areas due to lack of medical infrastructure.

The law guarantees access to contraceptives, but in practice, according to reproductive rights group Marie Stopes International-Bolivia, many health-care providers refused to provide the service and stigmatized patients who requested contraceptives. Some health-care providers required the consent of an adult woman’s husband or other male family member before providing her with contraceptives and would not provide contraceptives to adolescents without parental consent. Misinformation or social taboos made women hesitant to seek contraceptives.

Lack of access to quality medical care in remote areas adversely affected access to skilled health-care attendance during pregnancy and birth. In addition many indigenous women feared their cultural traditions regarding who should be present at the birth, the treatment of the placenta, and treatment of the umbilical cord would not be respected if they gave birth in a hospital or clinic.

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

According to the World Health Organization, the maternal mortality rate was 155 per 100,000 live births in 2017. The Pan American Health Organization reported one-third of all maternal deaths were caused by obstetric hemorrhage, usually postpartum. Another leading cause of maternal death was unsafe abortion.

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

Discrimination: The law provides for the same legal status and rights for women as for men, but women generally did not enjoy a social status equal to that of men. While the minimum wage law treats men and women equally, women generally earned less than men for equal work. Additionally, antidiscrimination laws were not uniformly or effectively implemented to protect women from harassment and political violence (see also section 3, Participation of Women and Members of Minority Groups). The government has legal restrictions against women in employment regarding limits on working hours and tasks.

According to a 2015 study by the National Federation of Female Domestic Workers, persons engaged in domestic labor rose to nearly 137,000 workers, of whom 96 percent were women. The study also reported that 40 percent of these workers received a salary below the national minimum and worked without the benefit of a contract and health insurance and other labor rights that come with contract work. A July report by UN Women highlighted the increased vulnerability of domestic workers due to COVID-19, both in terms of economic vulnerability from quarantine measures and nearly immediate wage loss, in addition to health vulnerabilities if they commuted to work.

Children

Birth Registration: Citizenship is derived both through birth within the country’s territory (unless the parents have diplomatic status) and from parents. The 2018 civil registry indicated 78 percent of citizens were registered within one year of their birth and 96 percent by age 12.

Child Abuse: Conviction of rape of a child younger than 14 carries a penalty of 20 to 25 years’ imprisonment. The penalty for conviction of consensual sex with an adolescent ages 14 to 18 is two to six years’ imprisonment. The Attorney General’s Office reported 39 cases of infanticide between January and July. The penal code defines infanticide as the killing of a child younger than 13.

On August 18, a La Paz court sentenced Victor Hugo Ricaldi Zambrana (stepfather of the victim) and Claudia Branez (mother of the victim) to five years in prison for manslaughter for the death of Branez’s daughter, who was age five at the time of her death in 2009. She was found dead on a street in the Villa San Antonio area of La Paz. Her mother and stepfather claimed the child threw herself out of a third-floor window, but investigators and forensic evidence appeared to refute the claim. Laboratory reports from the Forensic Research Institute found the presence of semen in the minor’s underwear and anal injuries indicating rape. Representatives of the Citizen Network for the Prevention of Infanticide and Crimes against Children also denounced the lenient sentence. Lawyers representing the grandparents stated they would appeal the sentence.

Child, Early, and Forced Marriage: The minimum age for marriage is 14 for girls and 16 for boys. Minors’ parents or guardians must approve marriages between adolescents younger than 18.

Sexual Exploitation of Children: Conviction of commercial sexual exploitation of children is punishable with 15- to 20-year prison sentences but remained a serious problem. The law also prohibits child pornography, punishable if convicted with 10- to 15-year sentences.

According to the Public Ministry, during the period of the COVID-19 national quarantine from March 22 to May 31, there were 118 cases of infant or adolescent rape (victims younger than age 14) and 102 cases of statutory rape (victims ages 14-18), marking a dramatic increase from the same time period in 2019.

Displaced Children: UNICEF reported in 2015 (the most recent information available) that 20,000 to 32,000 minors lived in shelters after their parents abandoned them.

Institutionalized Children: Child advocacy organizations reported abuse and negligence in some government-run shelters. The La Paz Department Social Work Service confirmed that of the country’s 380 shelters, including centers for abuse victims, orphans, and students, only 30 had government accreditation for meeting minimal standards.

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

Anti-Semitism

The Jewish population numbered fewer than 500. There were no reports of anti-Semitism.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law requires access for wheelchair users to all public and private buildings, duty-free import of orthopedic devices, and a 50 percent reduction in public transportation fares for persons with disabilities. The law also requires communication outlets and government agencies to offer services and publications in sign language and braille. The government did not effectively enforce these provisions.

A national law to protect the rights of persons with disabilities exists, but it lacked full implementation. Official action was rarely taken to investigate, prosecute, and punish those responsible for violence against persons with disabilities.

Architectural and infrastructure barriers prohibited ease of movement in urban areas for individuals with physical disabilities. There were advances, however, in the public transportation sector in the city of La Paz. The city bus and gondola system provided some accommodations for persons with disabilities.

The law stipulates that persons with “serious and severe” disabilities are entitled to government payments of 250 bolivianos ($37) per month. The law requires both public and private institutions to employ a certain percentage of workers with disabilities.

Members of National/Racial/Ethnic Minority Groups

The 2012 census established the existence of 23,300 Afro-Bolivians. Afro-Bolivians in rural areas experienced the same type of problems and discrimination as indigenous persons who lived in those areas. Afro-Bolivian community leaders reported that employment discrimination was common and that public officials, particularly police, discriminated in the provision of services. Afro-Bolivians also reported the widespread use of discriminatory language. The government made little effort to address such discrimination.

Indigenous People

On June 30, the IACHR reported it opened a process against the state for human rights violations committed during the Morales government against indigenous communities of Isiboro Secure National Park and Indigenous Territory while constructing the San Ignacio de Moxos-Villa Tunari highway. The petition was originally submitted by 64 indigenous communities in 2012 and supported by the Bolivian Forum on Environment and Development and the NGO Earth Rights International two years later. The petition accused the Morales government of taking “decisions and legislative and administrative actions without consulting or obtaining the consent of the indigenous people” and later “taking measures of force and repression against the VIII Indigenous March in the town of Chaparina in 2011.”

An August 20 report by Amnesty International expressed concern for the rights of indigenous communities that were disproportionately affected by the COVID-19 pandemic. A June report from the Ombudsman’s Office warned of a lack of public-health policy to protect indigenous peoples from COVID-19 and a stigmatization and risk for indigenous communities in a situation of voluntary isolation as a means of protection against the COVID-19 virus.

In the 2012 census, approximately 41 percent of the population older than 15 self-identified as indigenous, primarily from the Quechua and Aymara communities.

Indigenous communities were well represented in government and politics, but they continued to bear a disproportionate share of poverty and unemployment. Government educational and health services remained unavailable to many indigenous groups living in remote areas.

Indigenous lands were not fully demarcated, and land reform remained a central political problem. Historically, some indigenous persons shared lands collectively under the ayllu (traditional form of a community) system, which did not receive legal recognition during the transition to private property laws. Despite laws mandating reallocation and titling of lands, recognition and demarcation of indigenous lands were not completed.

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

The law prohibits discrimination based on sexual orientation and gender identity. The law allows transgender individuals to update their name, gender marker, and photograph to reflect their gender identity on all legal identification cards and birth certificates.

Transgender activists said a majority of the transgender community was forced to turn to sex work because of discrimination in the job market and unwillingness on the part of employers to accept their identity documents and professional licensures. Activists reported police targeted transgender individuals who were sex workers.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced discrimination in the workplace, at school, and when seeking to access government services, especially in the area of health care. Transgender individuals remained particularly vulnerable to abuse and violence. Elderly LGBTI persons faced high rates of discrimination when attempting to access health-care services. There were no legal mechanisms in place to transfer power of attorney to a same-sex partner.

On July 3, the Second Constitutional Chamber of La Paz ruled the national civil registry must register a same-sex couple’s relationship as a “free union.” The ruling stemmed from an effort by David Aruquipa and Guido Montano, an LGBTI couple who had been together for more than a decade and tried to register their relationship as a free union in 2018, which would have the same legal effects as a civil marriage per the constitution. After the registry office rejected their application, the couple filed a number of administrative appeals, citing international human rights standards and constitutional nondiscrimination principles. In September 2019 the national civil registry rejected these appeals. On July 3, the Constitutional Chamber struck down the civil registry resolution, declaring the registry had violated the couple’s due-process rights. The ruling also highlighted the constitution requires laws and administrative procedures to be interpreted consistent with the principles of nondiscrimination and equality, including on the basis of sexual orientation.

HIV and AIDS Social Stigma

Although the law prohibits discrimination against persons with HIV or AIDS, pervasive discrimination persisted. Ministry of Health authorities reported discrimination against persons with HIV or AIDS was most severe in indigenous communities, where the government was also least successful in diagnosing cases.

Activists reported discrimination forced HIV-positive persons to seek medical attention outside the country.

Other Societal Violence or Discrimination

Mob violence in lieu of justice was a consequence of an inefficient judicial system, among other factors, according to observers. Supporters of mob violence claimed limited policing and a lack of faith in the justice system to punish criminals justified their actions. Although official statistics did not exist, media reports suggested mob violence in lieu of justice led to 30-40 deaths each year. The government took no formal action to combat acts of mob violence couched as “vigilante justice.”

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutory instruments, provides for the freedom of association, the right to organize and bargain collectively, and the right to strike. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. The constitution provides for protection of general and solidarity strikes and for the right of any working individual to join a union. In May 2019 the Supreme Court ruled to protect the right to strike but stipulated that a strike could not be indefinite. According to legal experts, this was in reaction to health-care workers threatening to strike for an indefinite amount of time. As a result of the ruling, health-care workers may strike but must organize themselves in shifts to avoid putting the general population at risk.

Workers may form a union in any private company of 20 or more employees, but the law requires that at least 50 percent of the workforce be in favor. The law requires that trade unions register as legal entities and obtain prior government authorization to establish a union and confirm its elected leadership, permits only one union per enterprise, and allows the government to dissolve unions by administrative fiat. The law also requires that members of union executive boards be Bolivian citizens by birth. The labor code prohibits most public employees from forming unions, including the military, police, and other public security forces. Some public-sector workers (including teachers, transportation workers, and health-care workers) were legally unionized and actively participated without penalty as members of the Bolivian Workers’ Confederation, the country’s chief trade union federation.

The National Labor Court handles complaints of antiunion discrimination, but rulings took one year or more to be issued. The court ruled in favor of discharged workers in some cases and required their reinstatement. Union leaders stated problems had often been resolved or were no longer relevant by the time the court ruled. The government did not effectively enforce applicable laws, and penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination.

The ineffectiveness of labor courts and the lengthy time to resolve cases and complaints limited freedom of association. Moreover, the 20-worker threshold for forming a union proved an onerous restriction, since an estimated 72 percent of enterprises had fewer than 20 employees.

Labor inspectors may attend union meetings and monitor union activities. Collective bargaining and voluntary direct negotiations between employers and workers without government participation was common. Most collective bargaining agreements were restricted to addressing wages.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, yet they remained serious problems. Ministry of Labor officials were not effective in enforcement efforts or provision of services to victims of forced labor. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. The ministry held various workshops to educate vulnerable workers of their rights, levied penalties against offending employers, and referred cases of suspected forced labor to the Ministry of Justice for prosecution.

Men, women, and children were victims of sex trafficking and forced labor in domestic service, mining, ranching, and agriculture. Indigenous populations were especially vulnerable to forced labor in the agriculture sector and to deceptive employment opportunities that may amount to forced labor in neighboring countries.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. Ministry of Labor inspectors are responsible for identifying situations of child labor and human trafficking for the purposes of forced child labor. When inspectors suspect such situations, they refer the cases to the municipal offices of the child and adolescent advocate for further investigation in coordination with the Public Prosecutor’s Office. The law states that work should not interfere with a child’s right to education and should not be dangerous or unhealthy. Dangerous and unhealthy work includes work in sugarcane and Brazil nut harvesting, mining, brick making, hospital cleaning, selling alcoholic beverages, and working after 10 p.m., among other conditions. The municipal offices of the child and adolescent advocate must answer a request for an underage work permit within 72 hours. The Ministry of Labor is responsible for authorizing work activity for adolescents older than 14 who work for a third-party employer. Municipal governments, through their respective offices of the child and adolescent advocates, are responsible for enforcing child labor laws, including laws pertaining to the minimum age and maximum hours for child workers, school completion requirements, and health and safety conditions for children in the workplace. The ministry is responsible for identifying such cases through inspections and referring them to the offices of the child and adolescent advocates.

The government did not effectively enforce the law, and penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. The number of inspectors was insufficient to deter violations, although Labor Ministry officials stated inspectors conducted investigations throughout the year. Ministry officials did not have statistics on the number of children they had removed from hazardous situations.

The ministry collaborated with the IDB to implement a program that identifies and employs unemployed parents who have children in the workforce. A ministry official stated that while there were varying reasons why children as young as 10 chose to work, one main reason was because their parents could not find steady employment. This program sought to secure jobs for underemployed parents on the condition their children stop working. The ministry also provided the parents’ salaries for the first three months to avoid burdening the businesses that provided employment.

Authorities did not provide detailed information on the penalties for violation of child labor laws or the effectiveness of such penalties, nor did courts prosecute individuals for violations of child labor law during the year, although ministry inspectors referred cases for prosecution.

Among the worst forms of child labor were instances of children working in brick production, hospital cleaning, domestic labor, transportation, and vending at night. In the agricultural sector, forced child labor was present in the production of Brazil nuts/chestnuts and sugarcane. Children were also subjected to hazardous work activities in the mining industry, as well as sex trafficking and other forms of commercial sexual exploitation.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation based on race, sex, gender, disability, religion, political opinion, national origin or citizenship, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. Penalties were not commensurate to laws related to civil rights, such as election interference. The government did not effectively enforce the law in all sectors, and discrimination with respect to employment and occupation occurred. Women in office and female politicians faced high levels of political violence and harassment. Civil society leaders reported credible instances of employment discrimination against indigenous peoples, women, Afro-Bolivians, persons with disabilities, and members of the LGBTI community. Employers charged with discriminatory practices must offer affected employees restitution, but no cases were reported.

Women in the informal sector were not protected by formal-sector labor laws, which afford maternity benefits, breast-feeding hours, permission to work fewer hours, and more holidays than their male counterparts. Critics contended these laws encouraged companies to give preference to men in hiring.

e. Acceptable Conditions of Work

The monthly minimum wage was greater than the government’s official poverty income. The World Bank estimated that for fiscal year 2018, 35 percent of the population lived below the poverty line.

The law establishes a maximum workweek of 48 hours and limits the workday to eight hours for men. The law sets a 40-hour workweek for women, prohibits women from working at night, mandates rest periods, and requires premium pay for work beyond a standard workweek. The law stipulates a minimum of 15 days of annual leave. Penalties were not commensurate with those for similar crimes, such as fraud. The Ministry of Labor sets occupational health and safety (OSH) standards and monitors compliance. The law mandates that the standards apply uniformly to all industries and sectors. The interim government did not effectively enforce the law.

The Ministry of Labor’s Bureau of Occupational Safety has responsibility for the protection of workers’ health and safety, but penalties for violations of OSH laws were not commensurate with those for crimes such as negligence. The number of inspectors was insufficient to provide effective workplace inspection. Ministry officials confirmed that labor inspection teams had been severely limited by COVID-19 and the ensuing restrictions that began in March. The Municipal Offices of Children and Adolescents also completely closed during the quarantine, so prosecutions against child labor offenders largely stopped until COVID-19 movement restrictions eased in September. Five mobile labor inspection teams resumed activities in late September, averaging 20 inspections per week. The ministry intended to have 24 total mobile inspection teams in operation in the coming months. While the number of labor inspectors dropped from 102 to 71, all were trained in identifying child labor and trafficking cases, although they also performed routine labor inspections.

A national tripartite committee of business, labor, and government representatives is responsible for monitoring and improving OSH standards and enforcement. The Ministry of Labor maintained offices for worker inquiries, complaints, and reports of unfair labor practices and unsafe working conditions, but it was unclear if the offices were effective in regulating working conditions.

The law prohibits dismissing employees for removing themselves from work conditions they deem hazardous and provides for the Ministry of Labor to mandate they be rehired following an inspection.

Workers in informal part-time and hourly jobs did not have labor protections. Many companies and businesses preferred workers hired on an hourly or part-time basis to avoid paying required maternity and pension benefits. According to labor law experts, the informal sector comprised approximately 65 to 75 percent of the economy. They claimed labor regulations meant to protect employees actually promoted the large informal sector because the regulations reportedly resulted in employers not hiring full-time employees due to the higher costs their employment entailed.

Civil society leaders and media reported Chinese companies employed workers in substandard conditions. NGOs documented the growing role of Chinese companies, which expanded their presence in the mining, hydrocarbon, and infrastructure sectors during the prior 10 years. There were also allegations that Chinese companies brought in Chinese prisoners to work in the country in exchange for their eventual freedom.

A July 2019 report by the Bolivian Center for Study of Labor and Agrarian Development (CEDLA) analyzed labor complaints against Chinese companies from 2015 to 2019 and denounced the “deplorable behavior of Chinese companies and their impact on the exercise of labor rights and the quality of work.” The report stated the most recurrent complaints against Chinese companies included physical or mental mistreatment, lack of industrial safety (uniforms and job tools), and lack of social security (medical insurance). Chinese state-owned hydropower and construction company Sinohydro was the worst offender, with 153 formal worker complaints during this five-year period. The Sinohydro-led construction of the Ivirgarzama-Ichilo highway (Santa Cruz to Cochabama Departments) completed in 2018 accounted for almost half of the total complaints. During four years of work, the project led to 53 labor complaints, seven worker strikes, one hunger strike, and seven conflicts between workers and managers.

The 2019 CEDLA report, which analyzed official data and complaints from various state entities, including the Bolivian Highway Administration; Ministry of Public Works; the Ministry of Labor, Employment, and Social Welfare; and the Ombudsman’s Office, also highlighted the record of the China Railway Construction Corporation, with 87 complaints from the project building the highway from Rurrenabaque to Riberalta, which was the most “conflicted project” in the entire country. The report described a series of unfair labor practices, including forcing workers to sign unfair contracts with clauses stipulating that they would be fired if they complained to the press. Since 2015 there were 39 recorded strikes against Chinese companies, and of the 17 strikes against Sinohydro, the company declared six of them “illegal,” despite the fact that only the Ministry of Labor has the right to determine the legality of strikes. In addition to the labor rights complaints, the report detailed several persistent environmental complaints, including the contamination of rivers, deforestation, illegal hunting and extermination of jaguars, and trafficking in jaguar fangs.

Brazil

Executive Summary

Brazil is a constitutional, multiparty republic governed by a democratically elected government. In 2018 voters chose the president, the vice president, and the bicameral national legislature in elections that international observers reported were free and fair.

The three national police forces–the Federal Police, Federal Highway Police, and Federal Railway Police–have domestic security responsibilities and report to the Ministry of Justice and Public Security (Ministry of Justice). There are two distinct units within the state police forces: the civil police, which performs an investigative role, and the military police, charged with maintaining law and order in the states and the Federal District. Despite the name, military police forces do not report to the Ministry of Defense. The armed forces also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities at times did not maintain effective control over security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings by police; harsh and sometimes life-threatening prison conditions; arbitrary arrest or detention; violence against journalists; widespread acts of corruption by officials; lack of investigation of and accountability for violence against women; violence or threats of violence motivated by anti-Semitism; crimes involving violence or threats of violence targeting members of racial minorities, human rights and environmental activists, indigenous peoples and other traditional populations, and lesbian, gay, bisexual, transgender, or intersex persons.

The government prosecuted officials who committed abuses; however, impunity and a lack of accountability for security forces was a problem, and an inefficient judicial process at times delayed justice for perpetrators as well as for victims.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports that state police committed unlawful killings. In some cases police employed indiscriminate force. The nongovernmental organization (NGO) Brazilian Public Security Forum reported police killed 5,804 civilians in 2019, compared with 6,160 civilians in 2018. Rio de Janeiro State was responsible for 30 percent of the national total, despite representing just 8 percent of the population. Those killed included criminal suspects, civilians, and narcotics traffickers who engaged in violence against police. Accordingly, the extent of unlawful police killings was difficult to determine. The Federal Public Ministry and Federal Prosecutor’s Office investigate whether security force killings are justifiable and pursue prosecutions.

In the city of Rio de Janeiro, most deaths occurred while police were conducting operations against narcotics trafficking gangs in the more than 1,000 informal housing settlements (favelas), where an estimated 1.3 million persons lived. NGOs in Rio de Janeiro questioned whether all of the victims actually resisted arrest, as police had reported, and alleged that police often employed unnecessary force.

On May 18, 14-year-old Joao Pedro Matos Pinto sought shelter in his home in Rio de Janeiro State’s municipality of Sao Goncalo as a police helicopter circled above his neighborhood of Salgueiro, searching for a suspect. According to the autopsy report and witness testimonies, police raided Joao Pedro’s home and shot him in the back dozens of times. During the joint operation of the Federal Police and Civil Police Coordination of Special Resources Unit, authorities said they mistook the teenager for the suspect. The Federal Public Ministry initiated a public civil inquiry to investigate the participation of federal agents in the case. In addition to the Civil Police’s Homicide Division and Internal Affairs Unit, the state and federal public prosecutor’s offices were also investigating the case. As of August no one had been indicted or arrested.

The number of deaths resulting from military and civil police operations in the state of Sao Paulo from January to April grew 31 percent, compared with the same period in 2019. The figures for the four-month period included a spike in deaths in April, with military and civil police reporting 119 officer-involved deaths in the state, a 53-percent increase from April 2019. According to the Sao Paulo state government, military police reported 218 deaths resulting from street operations from January to April.

In Santa Catarina, in the first six months of the year, police killed one person every three days. After pandemic-induced social distancing measures began on March 16, the lethality of military police interventions increased by 85 percent, according to data from the Public Security Secretariat of Santa Catarina. Victims’ families contested police accounts of self-defense, reporting extrajudicial executions and police alteration of crime scenes to match their story.

In the state of Rio Grande do Sul in June, Angolan citizen Gilberto Almeida traveled to his friend Dorildes Laurindo’s house in Cachoeirinha, a suburb of Porto Alegre. Almeida and Laurindo requested a ride through a ride-sharing app. Unbeknownst to them, the driver was a fugitive with a history of drug trafficking. Police gave chase while Almeida and Laurindo were passengers. The driver stopped the car, fled, and was arrested. Officers from the Rio Grande do Sul 17th Military Police Battalion in Gravatai fired 35 times, hitting both Almeida and Laurindo multiple times when they got out of the car. Both were taken to the hospital, where Laurindo died of her wounds. Upon discharge from the hospital, Almeida was taken to the Gravatai police station and then to Canoas State Penitentiary for 12 days before being released by court order.

As of August, Rio de Janeiro’s Public Prosecutor’s Office continued investigating the case of a 2019 operation by two military police units–BOPE and the Battalion to Repress Conflicts (CHOQUE)–in the Santa Teresa neighborhood of the city of Rio de Janeiro. The operation resulted in the deaths of 15 persons. Military police reported all of the victims were criminals; however, human rights organizations claimed the victims offered no resistance and that many were shot in the back. An investigation by Rio de Janeiro’s military police concluded that evidence was insufficient to prove that any crimes were committed. In November 2019 the Civil Police Homicide Division recommended that the case be closed and that none of the investigated police officers be held accountable for the killings.

According to some civil society organizations, victims of police violence throughout the country were overwhelmingly young Afro-Brazilian men. The Brazilian Public Security Forum reported that almost 75 percent of the persons killed by police in 2019 were black. As of August a trial date had not been set for the army soldiers from Deodoro’s (a neighborhood located in western Rio de Janeiro City) 1st Infantry Motorized Battalion, who killed black musician Evaldo Rosa dos Santos and injured two others in April 2019. Nine of the accused were released on bail in May 2019. According to a survey of cases between 2015 and 2017 at the Superior Military Court involving military personnel, 70 percent were either dismissed or resulted in no punishment.

Verbal and physical attacks on politicians and candidates were common. A survey from NGOs Terra de Direitos and Justica Global found 327 cases of political violence, including murder, threats, physical violence, and arrests of politicians or candidates between 2016 and September 2020. A majority of the violence–92 percent–targeted politicians and candidates at the municipal level. As of September 1, at least two candidate or incumbent city councilors, elected mayors or vice mayors, were killed each month of the year. In 63 percent of the cases, authorities had not identified any suspects. In September, Federal Deputy Taliria Petrone appealed to the United Nations for protection from multiple death threats she had received, saying Rio de Janeiro State and the federal government were failing to offer appropriate protections.

According to the aforementioned survey, as of September 1, a total of 27 politicians and candidates had been killed or attacked, and a record 32 killings of politicians and candidates in 2019. In Rio de Janeiro State alone, nine sitting and former politicians were killed in 2019. In March police arrested two former police officers, Ronnie Lessa and Elcio Vieira de Queiroz, in connection with the 2018 killing of a gay, black, Rio de Janeiro city council member and human rights activist, Marielle Franco, and her driver. A preliminary trial began in June 2019 at the Fourth Criminal Court in Rio de Janeiro. As of August police had not identified who ordered the crime, and no trial date had been set for the two accused.

The NGO Global Witness reported 23 social, human rights, and environmental activists were killed in 2019, leading it to classify the country as “extremely lethal” for activists. In March media reported that police officers from the Ninth Military Police Battalion of Uberlandia, Minas Gerais, killed human rights and land rights activist Daniquel Oliveira with a shot to the back of his head. Oliveira was a leader of the Landless Workers Movement. According to police, Oliveira shot at the officers, and they returned fire to defend themselves. According to other Landless Workers Movement activists, Oliveira was unarmed. Police initiated an internal investigation, and the Public Ministry of Minas Gerais interviewed witnesses regarding the killing.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture and inhuman or degrading treatment, but there were reports government officials sometimes employed such practices. The law mandates that special police courts exercise jurisdiction over state military police except those charged with “willful crimes against life,” primarily homicide. Impunity for security forces was a problem. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers. Delays in the special military police courts allowed many cases to expire due to statutes of limitations.

According to the National Council of the Public Ministry, in 2019 there were 2,676 cases of guards and other personnel inflicting bodily harm on prisoners, compared with 3,261 cases in 2018.

In May residents of the Favela do Acari in the city of Rio de Janeiro reported that Iago Cesar dos Reis Gonzaga was tortured and killed during an operation in the community led by CHOQUE and BOPE. The victim’s family corroborated the residents’ report, saying that unidentified police officers tortured, abducted, and killed Iago. The 39th Police Precinct in Pavuna was investigating the case.

On July 12, a television channel broadcasted mobile phone video recordings of a police officer from the 50th Sao Paulo Metropolitan Military Police Battalion holding a black woman on the ground by stepping on her neck. The video was filmed in May in Sao Paulo during a public disturbance call. The woman sustained a fractured leg injury during the incident, and the two officers involved were suspended from duty and were under investigation for misconduct. The police officer who held the woman on the ground was indicted for abuse of authority.

There were reports of sexual assault committed by police. According to Globo news outlet, in August security cameras showed a Rio de Janeiro State military police officer inside the building of the victim who accused him of rape. The victim reported that the officer had been in the building a week before the incident responding to a domestic disturbance call. The officer returned to her building, identifying himself to the doorman as the one who had responded to the earlier call and saying that he needed to talk with the victim. The doormen allowed him to enter the building, and according to the victim, the officer entered her apartment and raped her. The state military police were investigating the case. The officer was suspended from field duties.

In January a military court provisionally released the two military police officers from the 37th and 40th Sao Paulo Metropolitan Military Police Battalions suspected of raping a woman in Praia Grande, Sao Paulo, in June 2019. As of August 10, no verdict had been issued. The two officers were not allowed to resume duties in the field.

In March the Military Prosecutor’s Office opened an investigation into the torture accusations against federal military officers from Vila Military’s First Army Division, but as of August no officer had been charged. In 2018 the press reported claims that the officers tortured 10 male residents of Rio de Janeiro. As of March all 10 men had been released after one year and four months in detention.

In July, four military police officers from the Itajai Military Police Battalion were convicted of torture and received sentences ranging from three to 10 years, in an operation that took place in 2011 in Itajai, Santa Catarina. The agents entered a house to investigate a drug trafficking complaint and attacked three suspects–two men and a woman–with punches, kicks, and electrical stun gun shots. The final report indicated officers fired 33 shots at the three suspects and three other persons, including two children.

Impunity for security forces was a problem. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers, although independent investigations increased. Delays in the special military police courts allowed many cases to expire due to statutes of limitation. Local NGOs, however, argued that corruption within the judiciary, especially at the local and state levels, was a concern and alleged that impunity for crimes committed by security forces was common. According to a survey of cases involving military personnel between 2015 and 2017 at the Superior Military Court, 70 percent were either dismissed or resulted in no punishment. There was a 26-percent increase, however, in arrests of military police officers in the state of Sao Paulo between January and May, compared with the same period in 2019. Most of the 86 arrests during the year were for homicide, corruption, drug trafficking, and assault.

Prison and Detention Center Conditions

Conditions in many prisons were poor and sometimes life threatening, mainly due to overcrowding. Abuse by prison guards continued, and poor working conditions and low pay for prison guards encouraged corruption.

Physical Conditions: According to the National Penitentiary Department, as of December 2019, the average overall occupation rate in prisons was 170 percent of the designed capacity. The northern region of the country experienced the worst overcrowding, with three times more prisoners than the intended capacity. The southern state of Parana reported a shortage of 12,500 spaces for inmates in correctional facilities and provisional centers within the metropolitan area of Curitiba as a result of a 334-percent increase in the number of arrests in the first four months of the year. Much of the overcrowding was due to the imprisonment of pretrial detainees. A February survey by the news portal G1 showed that 31 percent of detainees were being held without a conviction, a drop from 36 percent in 2019.

A June report by the NGO Mechanism to Prevent Torture highlighted that prisons in all 26 states and the Federal District faced overcrowding and shortages in water (some facilities had water available for only two hours per day), personal hygiene products, and proper medical care. Prison populations endured frequent outbreaks of diseases such as tuberculosis and suffered from high rates of sexually transmitted diseases such as syphilis and HIV. Letters from detainees to the Pastoral Carceraria, a prison-monitoring NGO connected to the Catholic Church, reported a lack of guarantee of rights such as education, recreation, and contact with family and lawyers due to COVID-19 restrictions imposed by prison authorities.

Reports of abuse by prison guards continued. In March 2019 the national daily newspaper Folha de S. Paulo reported that the Sao Paulo Penitentiary Administration Secretary’s Ombudsman’s Office received 73 reports of torture in correctional facilities in the state of Sao Paulo in the first two months of 2019, of which 66 were related to the Provisional Detention Center of Osasco, in the metropolitan area of Sao Paulo. Reports mentioned long punishment in isolated cells, lack of access to health care, and psychological torture. The center was operating at 50 percent beyond designed capacity.

Police arrested one person in Fortaleza, Ceara State, who was allegedly responsible for the January 2019 prison riots that resulted in the Ministry of Justice authorizing a federal intervention taskforce to enter the state’s prisons. The National Mechanism for the Prevention and Combat of Torture investigated reports of abuse and reported in October 2019 that prison guards systematically broke prisoners’ fingers as a way to immobilize them. The National Penitentiary Department denied the findings of torture, stating prisoners were injured in the violent riots and received medical treatment.

General prison conditions were poor. There was a lack of potable water, inadequate nutrition, food contamination, rat and cockroach infestations, damp and dark cells, a lack of clothing and hygiene items, and poor sanitation. According to a March report from the Ministry of Health, prisoners were 35 times more likely to contract tuberculosis, compared with the general public. One NGO, the Rio de Janeiro Mechanism for Torture Prevention, asserted that injured inmates were denied medication and proper medical treatment.

Prisoners convicted of petty crimes frequently were held with murderers and other violent criminals. Authorities attempted to hold pretrial detainees separately from convicted prisoners, but lack of space often required placing convicted criminals in pretrial detention facilities. In many prisons, including those in the Federal District, officials attempted to separate violent offenders from other inmates and keep convicted drug traffickers in a wing apart from the rest of the prison population. Multiple sources reported adolescents were held with adults in poor and crowded conditions.

Prisons suffered from insufficient staffing and lack of control over inmates. Violence was rampant in prison facilities. According to the National Penitentiary Department, 188 prisoners were killed while in custody in 2019. In addition to poor administration of the prison system, overcrowding, the presence of gangs, and corruption contributed to violence. Media reports indicated incarcerated leaders of major criminal gangs continued to control their expanding transnational criminal enterprises from inside prisons.

Prison riots were common occurrences. In April approximately 100 minors rioted in the juvenile detention center Dom Bosco in Ilha do Governador, Rio de Janeiro City, after authorities suspended family visits due to the COVID-19 pandemic. Inmates set fire to mattresses, broke doors, and injured two guards.

Administration: State-level ombudsman offices; the National Council of Justice; the National Mechanism for the Prevention and Combat of Torture in the Ministry of Women, Family, and Human Rights; and the National Penitentiary Department in the Ministry of Justice monitored prison and detention center conditions and conducted investigations of credible allegations of mistreatment.

Due to COVID-19, Sao Paulo State penitentiaries implemented restrictive visitation policies. Beginning in March visits to inmates in the states of Santa Catarina and Rio Grande do Sul were suspended. In April, Santa Catarina implemented virtual visits. In Rio Grande do Sul, almost 3,000 inmates belonging to high-risk groups for COVID-19 were released from prison to house arrest and electronic monitoring.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prisoners and detainees had access to visitors; however, human rights observers reported some visitors complained of screening procedures that at times included invasive and unsanitary physical exams.

Improvements: Ceara State prison officials took steps to reduce overcrowding by building new prisons, including a maximum-security prison inaugurated in February, reforming existing prisons to accommodate 5,000 more prisoners, and maximizing the use of parole programs. The state banned cell phones and televisions in prisons, increased the use of videoconferences so that prisoners had access to lawyers, and provided expanded access to educational courses.

In October a new law established Santa Catarina State’s policy for the rehabilitation of formerly incarcerated persons. The law guarantees support and promotes social inclusion for formerly incarcerated persons, assists them in entering the labor market, develops educational and professional qualification programs, and provides incentives to companies that provide jobs to this vulnerable population.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and limits arrests to those caught in the act of committing a crime or called for by order of a judicial authority; however, police at times did not respect this prohibition. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision.

Arrest Procedures and Treatment of Detainees

Officials must advise persons of their rights at the time of arrest or before taking them into custody for interrogation. The law prohibits use of force during an arrest unless the suspect attempts to escape or resists arrest. According to human rights observers, some detainees complained of physical abuse while being taken into police custody.

Authorities generally respected the constitutional right to a prompt judicial determination of the legality of detention. The law permits provisional detention for up to five days under specified conditions during an investigation, but a judge may extend this period. A judge may also order temporary detention for an additional five days for processing. Preventive detention for an initial period of 15 days is permitted if police suspect a detainee may flee the area. Defendants arrested in the act of committing a crime must be charged within 30 days of arrest. Other defendants must be charged within 45 days, although this period may be extended. In cases involving heinous crimes, torture, drug trafficking, and terrorism, pretrial detention could last 30 days with the option to extend for an additional 30 days. Often the period for charging defendants had to be extended because of court backlogs. The law does not provide for a maximum period of pretrial detention, which is decided on a case-by-case basis. Bail was available for most crimes, and defendants facing charges for all but the most serious crimes have the right to a bail hearing. Prison authorities generally allowed detainees prompt access to a lawyer. Indigent detainees have the right to a lawyer provided by the state. Detainees had prompt access to family members. If detainees are convicted, time in detention before trial is subtracted from their sentences.

Arbitrary Arrest: On September 2, civil police officers from the Rio de Janeiro 76th Police Station arrested Luiz Carlos da Costa Justino for a 2017 car theft. According to police, the robbery victim identified Justino from a photograph lineup in the police station. According to media outlets, Justino, who was an adolescent at the time of the robbery, did not have a criminal record and therefore police should not have had access to any photographs of him. Video evidence showed that at the time of the crime, Justino, an Afro-Brazilian musician with the Grota String Orchestra in Niteroi, was performing in an event at a bakery located four miles from the crime scene. Justino was released after five days. As of October the public prosecutor’s office of Rio de Janeiro was reviewing Justino’s petition for revocation of the arrest.

Pretrial Detention: According to the Ministry of Justice’s National Penitentiary Department, 30 percent of prisoners nationwide were in pretrial detention. A study conducted by the National Penitentiary Department in 2018 found more than half of pretrial detainees in 17 states had been held in pretrial detention for more than 90 days. The study found that 100 percent of pretrial detainees in Sergipe State, 91 percent in Alagoas State, 84 percent in Parana State, and 74 percent in Amazonas State had been held for more than 90 days.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Local NGOs, however, argued that corruption within the judiciary, especially at the local and state levels, was a concern and alleged that impunity for crimes committed by security forces was common.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right, although NGOs reported that in some rural regions–especially in cases involving land-rights activists–police, prosecutors, and the judiciary were perceived to be more susceptible to external influences, including fear of reprisals. Investigations, prosecutions, and trials in these cases often were delayed.

After an arrest a judge reviews the case, determines whether it should proceed, and assigns the case to a state prosecutor, who decides whether to issue an indictment. Juries hear cases involving capital crimes; judges try those accused of lesser crimes. Defendants enjoy a presumption of innocence and have the right to be present at their trial, to be promptly informed of charges, not to be compelled to testify or confess guilt, to confront and question adverse witnesses, to present their own witnesses and evidence, and to appeal verdicts. Defendants generally had adequate time and facilities to prepare a defense but do not have the right to free assistance of an interpreter.

Although the law requires trials be held within a set time, there were millions of backlogged cases at state, federal, and appellate courts, and cases often took many years to be concluded. To reduce the backlog, state and federal courts frequently dismissed old cases without a hearing. While the law provides for the right to counsel, the Ministry of Public Security stated many prisoners could not afford an attorney. The court must furnish a public defender or private attorney at public expense in such cases, but staffing deficits persisted in all states.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Citizens may submit lawsuits before the courts for human rights violations. While the justice system provides for an independent civil judiciary, courts were burdened with backlogs and sometimes subject to corruption, political influence, and indirect intimidation. Cases involving violations of an individual’s human rights may be submitted through petitions by individuals or organizations to the Inter-American Commission on Human Rights, which in turn may submit the case to the Inter-American Court of Human Rights.

Property Restitution

The government has no laws or mechanisms in place for, and NGOs and advocacy groups reported that the government had not made progress on, resolution of Holocaust-era claims, including for foreign citizens. Brazil endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010. Persons in the federal government, the Israeli diplomatic mission to Brazil, civil society organizations, and synagogues were unaware of any laws codifying the return of Holocaust-era property to victims. Representatives of the Uniao Brasileiro-Israelita do Bem Estar Social (UNIBES), a nonprofit organization operating in Sao Paulo for more than 95 years, worked with survivors based in the country pursuing claims, but usually those claims were done privately without advocacy or assistance from the government. UNIBES representatives said governmental assistance was primarily of a consular nature, provided to survivors pursuing claims while in Europe.

For additional information, the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, can be found at https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

Although the law and constitution prohibit warrantless searches, NGOs reported police occasionally conducted searches without warrants. Human rights groups, other NGOs, and media reported incidents of excessive police searches in poor neighborhoods. During these operations police stopped and questioned persons and searched cars and residences without warrants.

The Ministry of Justice’s Secretariat of Integrated Operations (SEOPI) provided information on individuals identified as antifascists to other law enforcement agencies. The press leaked a SEOPI dossier with the names, photographs, and social media activity of at least 579 individuals nationwide, including police officers, university professors, and former secretaries of public security and human rights. On August 3, the Minister of Justice fired the head of SEOPI and initiated an internal investigation into the matter. On August 20, the Supreme Court determined the monitoring had been illegal.

In October the president signed a decree compelling all federal bodies to share most of the data they hold on citizens, from health records to biometric information, and consolidate it into a single database. Officials argued this would consolidate information and facilitate citizen’s access to government services. There was no debate or public consultations before the decree was signed, and critics warned that the concentration of data could be used to violate personal privacy and other civil liberties. The database was to include biographic information, health information, and biometric data, such as facial profiles, voice, iris and retina scans, and prints of digits and palms.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right.

Violence and Harassment: Journalists were sometimes killed or subjected to harassment, physical attacks, and threats as a result of their reporting. In May journalist Leonardo Pinheiro was killed while conducting an interview in Araruama in Rio de Janeiro State. As of October authorities had not identified any suspects or motives.

As in previous years, the most serious physical attacks were reported in relation to local reporting, such as the case of television news presenter Alex Mendes Braga, who in July was forced off the road in Manaus, Amazonas State, physically attacked, and threatened in apparent retaliation for his recent coverage of suspected fraud at a local hospital.

Multiple journalists were subjected to verbal assault, including when unmasked private individuals yelled in their faces following the onset of COVID-19. The most high-profile incident took place outside the presidential palace in Brasilia, leading a coalition of civil society organizations to file a civil suit against the government for failing to protect journalists there. As of August multiple major outlets had stopped sending journalists to cover events outside the palace, and the palace had taken additional measures to keep journalists separated from civilians gathered outside.

According to Reporters without Borders, President Jair Bolsonaro criticized the press 53 times, verbally or via social media, during the first half of the year. Multiple news outlets reported that on August 23, President Bolsonaro verbally lashed out at an O Globo reporter, who questioned him about deposits made by former aide Fabricio Queiroz to his wife, Michelle Bolsonaro.

In instances of violence perpetrated by protesters or provocateurs during mass demonstrations, at times security forces injured journalists during crowd-control operations.

In June, two journalists from the local newspaper Em Questao in Alegrete, Rio Grande do Sul, were beaten by two military police officers after one of the reporters attempted to photograph an army truck outside the city police station. The officers forbade the reporter from taking photographs, seized his cell phone, and kicked and handcuffed him. After an investigation, in August civil police referred the two officers for prosecution for aggression and abuse of authority.

Censorship or Content Restrictions: National laws prohibit politically motivated judicial censorship, but there were reports of judicial censorship. On July 30, a Federal Supreme Court justice ordered Facebook and Twitter to block multiple accounts for having disseminated “fake news.”

Nongovernmental Impact: Nongovernmental criminal elements at times subjected journalists to violence due to their professional activities.

Internet Freedom

The government did not restrict or disrupt access to the internet or systematically censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. Nonetheless, the online environment remained constrained by threats of violence against independent bloggers and websites, as well as criminal defamation laws and restrictive limits on content related to elections.

The law protects net neutrality and freedom of expression online and provides for the inviolability and secrecy of user communications online, permitting exceptions only by court order. Anonymous speech is explicitly excluded from constitutional protection.

The electoral law regulates political campaign activity on the internet. The law prohibits paid political advertising online and in traditional media. During the three months prior to an election, the law also prohibits online and traditional media from promoting candidates and distributing content that ridicules or could offend a candidate.

Academic Freedom and Cultural Events

There were no significant reports of government restrictions on educational or cultural events.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The government generally respected the right of freedom of peaceful assembly, but police occasionally intervened in citizen protests that turned violent.

In June an officer from CHOQUE pointed a rifle at unarmed demonstrator Jorge Hudson during a Black Lives Matter protest in front of the Rio de Janeiro governor’s official residence. Although the crowd of protesters was peaceful, military police responded with rubber bullets and tear gas to disperse the public. The military police spokesperson announced a few days later that the police officer involved in the incident had been punished administratively.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The governmental National Committee for Refugees cooperated with the Office of the UN Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing official documents, protection, and assistance to refugees, returning refugees, asylum seekers, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that refugees were susceptible to human trafficking for the purposes of forced prostitution and forced labor.

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. By law refugees are provided official documentation, access to legal protection, and access to public services. The law codifies protections for asylum claimants and provides for a humanitarian visa and residency status that serves as an alternative to refugee claims for some categories of regional migrants, particularly from Venezuela.

As of August there were more than 264,600 Venezuelan refugees and migrants in the country, many of whom arrived in the northern state of Roraima. The country had already officially recognized more than 46,000 of these Venezuelans as refugees. The government continued the process of “interiorization” of Venezuelan refugees and asylum seekers, moving them from the border to other states to relieve pressure on the resource-strapped state of Roraima and provide increased opportunities for education and work.

In 2019 Rio Grande do Sul became the first state to implement a Central American refugee resettlement program with federal government resources. After presenting evidence they had been persecuted by gangs in their home countries, 28 individuals were resettled. The Antonio Vieira Association, a Jesuit organization, was responsible for carrying out the resettlement.

Employment: The interiorization program also provided economic opportunities for resettled Venezuelans by placing them in economic hubs in larger cities. In partnership with the EU, UNHCR released the results of a 2019 survey of 366 resettled Venezuelan families who found improvements in economic status, housing, and education after resettlement. More than 77 percent were employed within weeks of their resettlement, as opposed to only 7 percent beforehand. Within six to eight weeks of their resettlement, the incomes of Venezuelan migrants across all education levels had increased. Prior to resettlement, 60 percent of those interviewed had been in a shelter and 3 percent had been homeless. Four months after being interiorized, no migrants lived on the street and only 5 percent were in shelters, while the majority (74 percent) were living in rental homes. All Venezuelan families had at least one child in school after resettlement, as opposed to only 65 percent of families beforehand.

Resettled Venezuelans seeking employment reported difficulty obtaining Brazilian accreditation for foreign academic degrees and professional licenses, restricting their ability to work. Civil society organizations raised concerns that business closures due to COVID-19 disproportionately affected migrants and refugees, many of whom depended on informal jobs or work in the service sector.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In national elections held in 2018, citizens chose former federal deputy Jair Bolsonaro as president and elected 54 senators and 513 federal deputies to the national legislature and multiple governors and state legislators to state governments. National observers and media considered the elections free and fair.

Political Parties and Political Participation: On August 5, the Porto Alegre city council opened an impeachment process against Mayor Nelson Marchezan Jr. for allegedly using 3.1 million reais (R$) ($570,000) from the municipal health fund to pay for advertising, including in national newspapers, contrary to the rules established in a decree for the application of resources. The mayor claimed the rules did not apply because the city council explicitly approved the use of funds for safety orientations regarding COVID-19. Proponents of impeachment claimed, however, the advertisements highlighted Marchezan’s response to the pandemic and thus were self-promotional for his re-election campaign.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate.

On August 25, the Superior Electoral Court decided that the division of publicly provided funds for campaign financing and advertising time on radio and television must be divided proportionally between black and white candidates in elections. For example, if 20 percent of a party’s candidates are black, at least 20 percent of its publicly provided campaign funding must be used in support of those black candidates. The decision, scheduled to take effect in 2022, was made in response to calls from Afro-Brazilian activists.

The law requires parties and coalitions to have a minimum quota of 30 percent women on the list of candidates for congressional representatives (state and national), mayors, and city council members. By law 20 percent of the political television and radio advertising must be used to encourage female participation in politics. Parties that do not comply with this requirement may be found ineligible to contest elections. In the 2018 elections, some parties fielded the minimum number of female candidates but reportedly did not provide sufficient support for them to campaign effectively. In 2018 the Superior Electoral Court ruled parties must provide a minimum of 30 percent of campaign funds to support the election of female candidates. Women remained underrepresented in elected positions, representing only 15 percent of federal deputies and 13 percent of federal senators. One newly elected state congresswoman in the state of Santa Catarina suffered a wave of misogynistic social media attacks, including by self-identified members of the military police, after wearing a neckline her critics considered “revealing” during her swearing-in to the state legislative assembly. The military police commander general announced he would investigate the actions of the police officers who posted the offensive comments.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials and stipulates civil penalties for corruption committed by Brazilian citizens or entities overseas. There were numerous reports of corruption at various levels of government, and delays in judicial proceedings against persons accused of corruption were common, often due to constitutional protections from prosecution for elected officials. This often resulted in de facto impunity for those responsible.

Corruption: The investigation of the Petrobras state oil company embezzlement scandal (Operation Carwash, or Lava Jato), which began in 2014, continued and led to arrests and convictions of money launderers and major construction contractors in addition to the investigation, indictment, and conviction of politicians across the political class. Information gained through collaboration and plea bargains with suspects launched many new investigations. During the year prosecutors filed 128 new complaints and issued 61 arrest warrants.

Superior Court of Justice Minister Benedito Goncalves removed Rio de Janeiro governor Witzel from office on August 28 for an initial period of 180 days on charges of corruption, money laundering, and obstruction of justice related to his role in a criminal organization that oversaw fraudulent expenditures and contracting in the state’s COVID-19 response. The court decision came amid a separate and ongoing impeachment process led by the state legislative assembly against the governor. The August 28 ruling led to arrests of high-profile individuals including, among others, former Rio de Janeiro state secretary of economic development Lucas Tristao, pastor (and president of the Social Christian Party) Everaldo Dias Pereira, and business owner Mario Peixoto. The corruption scandal also led to the arrests of Deputy Health Secretary Gabriell Neves in May and former Rio de Janeiro health secretary Edmar Santos in July. As of August 17, Neves remained in detention, while Santos had been released based on his cooperation with the investigation of Governor Witzel. As of August, Rio de Janeiro’s public ministry was also investigating the nonprofit health organization Institute of Basic and Advanced Health Services (IABAS). Rio de Janeiro State contracted IABAS to build and manage seven of the state’s nine COVID-19 field hospitals. The noncompetitive-bid contracts under investigation included purchases of ventilators, medical masks, and rapid diagnostic tests believed to be valued, collectively, at more than $200 million.

On July 29, Sao Paulo senator Jose Serra was indicted for corruption and money laundering by the Federal Court of Justice. On July 30, the Electoral Court of Sao Paulo indicted former governor Geraldo Alckmin for electoral crimes, corruption, and money laundering. Alckmin had allegedly received R$10 million ($1.8 million) for his 2010 and 2014 gubernatorial campaigns.

Financial Disclosure: Public officials are subject to financial disclosure laws, and officials generally complied with these provisions. Not all asset declarations are made public, but federal employees’ salaries and payment information are posted online and can be searched by name.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Many domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views. Federal and state officials in many cases sought the aid and cooperation of domestic and international NGOs in addressing human rights problems.

Government Human Rights Bodies: Some local human rights organizations were critical of the Ministry of Human Rights, stating that many positions were either unfilled or filled by individuals who did not support human rights and that the role of civil society in policy discussions had been severely reduced.

The Chamber of Deputies and the Senate had human rights committees and subcommittees that operated without interference and participated in several activities nationwide in coordination with domestic and international human rights organizations. Most states had police ombudsmen, but their accomplishments varied, depending on such factors as funding and outside political pressure.

The government operated a number of interministerial councils linking civil society to decision makers in the government on a range of human rights topics. Many of their activities were interrupted by the pandemic.

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

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. In addition, the Maria da Penha Law criminalizes physical, psychological, and sexual violence against women, as well as defamation and damage to property or finances by someone with whom the victim has a marriage, family, or intimate relationship. The law defines femicide as homicide of a woman due to her gender that could include domestic violence, discrimination, or contempt for women, and it stipulates a sentence of 12 to 30 years. According to NGOs and official data, there were 1,326 femicides in 2019, compared with 1,026 in 2018. According to the NGO Brazilian Public Security Forum, law enforcement identified 946 femicides in 2018. According to the National Council of Justice, courts imposed sentences in 287 cases of femicide in 2018.

According to NGOs and public security data, domestic violence was widespread. According to the 13th Public Safety Yearbook released annually by the Brazilian Public Security Forum, there were 66,000 cases of rape in 2018. Due to underreporting, the actual number of cases was likely much higher. In cases of femicide, the killer was a partner or former partner of the victim 89 percent of the time. In July, Santa Catarina Military Police sergeant Regiane Terezinha Miranda was killed by her former husband, who then took his own life. Miranda led the Catarina Network for the Protection of Women, a program designed to prevent and combat domestic violence.

Prolonged stress and economic uncertainty resulting from the pandemic led to an increase in gender-based violence. A May Brazilian Public Security Forum report showed an average 22-percent increase in femicides in 12 states. The absolute number of femicides in these states increased from 117 in March and April 2019 to 143 in March and April 2020.

The federal government maintained a toll-free nationwide hotline for women to report instances of intimate partner violence. Hotline operators have the authority to mobilize military police units to respond to such reports and follow up regarding the status of the case. The government distributed more electronic ankle monitors and panic button devices as a result of a technical cooperation agreement signed between the Ministry of Women, Family, and Human Rights and the Ministry of Justice in March 2019. Following implementation of the agreement, the sum of ankle monitors (to monitor abusers sentenced to house arrest or to alert police when abusers under a restraining order violate minimum distance requirements) and panic-button devices (to facilitate police notification that a victim is being threatened) increased from 12,727 to 14,786. The agreement also expanded the training and counseling services for abusers from 22 groups and 340 participants to 61 groups and 816 participants nationwide.

In July, Rio de Janeiro governor Witzel signed a bill that temporarily authorized gun permit suspensions and weapons seizures in cases of domestic violence and femicide during the COVID-19 pandemic. Authorities cited concerns that quarantine could lead to increases in domestic violence cases involving weapons. According to Rio de Janeiro’s Public Security Institute, as of June domestic violence calls to the military police aid hotline had increased by 12 percent in comparison with the same period the previous year. In August a Rio police operation resulted in the arrest of 57 suspects accused of domestic violence.

NGO and public security representatives claimed that culturally domestic violence was often viewed as a private matter. Oftentimes bystanders either did not report cases of violence or waited until it was too late. The Brazilian Public Security Forum reported a 431-percent increase in tweets between February and April during the peak of pandemic-related stay-at-home orders, from neighbors witnessing domestic violence. For example, in July, Fabricio David Jorge killed his wife Pollyana de Moura and then killed himself in their apartment in the Federal District. According to media reports, several neighbors heard screams coming from their apartment but did not report the disturbance to authorities.

Each state secretariat for public security operated police stations dedicated exclusively to addressing crimes against women. State and local governments also operated reference centers and temporary women’s shelters, and many states maintained domestic violence hotlines. Despite these protections, allegations of domestic violence were not always treated as credible by police; a study in the state of Rio Grande do Sul found 40 percent of femicide victims had previously sought police protection.

The law requires health facilities to contact police regarding cases in which a woman was harmed physically, sexually, or psychologically and to collect evidence and statements should the victim decide to prosecute.

Sexual assault and rape of minors was widespread. From 2017 to 2018, 64 percent of rapes involved a “vulnerable” victim, defined as a person younger than age 14, or who is considered physically, mentally, and therefore legally incapable of consenting to sexual intercourse.

In March police arrested a rideshare driver suspected of raping a 13-year-old boy in February in the Botafogo neighborhood of Rio de Janeiro City.

Sexual Harassment: Sexual harassment is a criminal offense, punishable by up to two years in prison, but it was seldom pursued. A law effective in 2018 broadens the definition of sexual harassment to include actions performed outside the workplace. NGOs reported sexual harassment was a serious concern, and perpetrators were infrequently held accountable. A 2019 study conducted by research institutes Patricia Galvao and Locomotiva with support from Uber found that 97 percent of women had experienced sexual harassment on public transportation, in taxis, or while using a rideshare application.

In August a regional labor court judge in Minas Gerais ordered a supervisor to pay an indemnity of R$5,000 ($900) to an employee he had sexually harassed and then dismissed after working for three months with the company.

Sexual harassment was also prevalent at public events such as concerts and during Carnival street festivals. Police departments throughout the country distributed rape whistles and informed Carnival goers of the women-only police stations and the sexual assault hotline during the annual celebrations. According to a February survey from the Brazilian Institute of Public Opinion and Statistics, 48 percent of women who attended Carnival events said they suffered some form of sexual harassment during the celebrations. According to public servants and NGOs, the increased awareness and success of national campaigns such as “No means No” led to an increase in reports of sexual harassment during the festivals.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children and had the information and means to do so free from discrimination, coercion, and violence; however, abortion remains illegal except in limited circumstances with court approval. According to the UN Population Fund (UNFPA), individuals in remote regions experienced difficulty accessing reproductive health services, a continuing problem in those regions hit hard by the COVID-19 pandemic. Some local authorities curbed sexual and reproductive services not deemed essential during the pandemic. According to 2018 UNFPA statistics, 77 percent of women of reproductive age had their need for family planning satisfied with modern methods. Human Rights Watch reported that the government provided sexual and reproductive health services for survivors of sexual violence.

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

Discrimination: The law provides for the same legal status and rights for women as for men in all circumstances. The government did not enforce the law effectively. According to government statistics, women earned an average 79.5 percent of the wages earned by men. According to the Observatory on Workplace Equality, black women earned 55 percent of the wages earned by white men.

Children

Birth Registration: Citizenship is derived from birth in the country or from birth to a Brazilian citizen parent. Parents are required to register their newborns within 15 days of the birth or within three months if they live more than approximately 20 miles from the nearest notary. Nevertheless, many children did not have birth certificates.

Child Abuse: The law prohibits child abuse and negligence, but enforcement was often ineffective, and abuse was widespread. The national human rights hotline received 86,800 complaints of violations of the rights of children and adolescents in 2019, an increase of almost 14 percent compared with 2018.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 (or 16 with parental or legal representative consent). The practice of early marriage was common. A study of child marriage in the northeastern states of Bahia and Maranhao found that pregnancy was the main motivation for child marriage in 15 of 44 cases. According to a 2020 UNICEF report, 26 percent of women between the ages of 20 and 24 were married by age 18.

Sexual Exploitation of Children: Sexual exploitation of children, adolescents, and other vulnerable persons is punishable by four to 10 years in prison. The law defines sexual exploitation as child sex trafficking, sexual activity, production of child pornography, and public or private sex shows. The government enforced the law unevenly. The law sets a minimum age of 14 for consensual sex, with the penalty for statutory rape ranging from eight to 15 years in prison.

While no specific laws address child sex tourism, it is punishable under other criminal offenses. The country was a destination for child sex tourism. In addition girls from other South American nations were exploited in sex trafficking in the country.

The law criminalizes child pornography. The creation of child pornography carries a prison sentence of up to eight years and a fine. The penalty for possession of child pornography is up to four years in prison and a fine. On February 18, a nationwide operation coordinated by the Ministry of Justice and carried out by state civil police forces resulted in the arrests of 41 individuals for the possession and distribution of material depicting child sexual exploitation.

Displaced Children: According to a 2019 Human Rights Watch report, 529 unaccompanied Venezuelan children and adolescents crossed the border into Brazil between May and November 2019. Another 2,133 arrived without a parent, accompanied by another adult, often an extended family member. According to civil society contacts, some of these minors were at risk of being trafficked or sexually exploited. In one case an adolescent arrived with a much older man she claimed was her boyfriend, but further questioning revealed she had met him on her journey. Authorities alerted child protective services to take guardianship of the minor.

Local child protection services offices act as legal guardians so unaccompanied adolescents can go to school and obtain identification papers to access the public health system. In some areas, however, they could not accommodate the influx of children. State shelters in Roraima, the state where a majority of migrants entered the country, could house a maximum of 15 adolescent boys and 13 adolescent girls. According to a 2019 Human Rights Watch report, some unaccompanied children ended up living on the streets, where they may be particularly vulnerable to abuse or recruitment by criminal gangs.

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

Anti-Semitism

According to the Jewish Federation, there were approximately 125,000 Jewish citizens, of whom approximately 65,000 lived in the state of Sao Paulo and 29,000 in the state of Rio de Janeiro.

In February, three men assaulted a Jewish man on the street in rural Sao Paulo State. The men shouted anti-Semitic offenses during the assault and cut the victim’s kippah (head covering) with a pocketknife. As of August police were investigating the case but had not identified the attackers.

Prominent Jewish organizations publicly noted their outrage at what they considered anti-Semitic comments made by high-level government officials. In May former minister of education Abraham Weintraub, who is of Jewish heritage, compared a Federal Police operation against fake news to Kristallnacht. Multiple Jewish organizations condemned the comparison, and the Israeli embassy in Brasilia posted on Twitter, “There has been an increase in the use of the Holocaust in public speeches, in a way that belittles its memory and this tragedy that happened to the Jewish people.”

A global survey released in June by the Anti-Defamation League indicated that the percentage of Brazilians who harbored some anti-Jewish sentiment had grown from 19 percent in 2019 to 26 percent in 2020. A survey from the Henry Sobel Human Rights Observatory found that acts of intolerance and anti-Semitic attitudes were increasingly common in society and politics. The organization recorded 30 such acts during the first six months of the year, compared with 26 in all of 2019. There were 349 active neo-Nazi organizations, according to anthropologist Adriana Magalhaes Dias at the Sao Paulo State University of Campinas. The largest concentrations were in the states of Sao Paulo, with 102 groups; Parana, with 74; and Santa Catarina, with 69.

Neo-Nazi groups maintained an active presence online. In May, Safernet, an NGO that promotes human rights on social networks and monitors radical websites, reported the creation of 204 new pages of neo-Nazi content in the country, compared with 42 new pages in May 2019.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities, and the federal government generally enforced these provisions. While federal and state laws mandate access to buildings for persons with disabilities, states did not enforce them effectively. The law requires private companies with more than 100 employees to hire 2 to 5 percent of their workforce from persons with disabilities. According to the 2010 census, only 1 percent of those with disabilities were employed.

The Inclusion of Persons with Disabilities Act, a legal framework on the rights of persons with disabilities, seeks to promote greater accessibility through expanded federal oversight of the City Statute (a law intended to foster the safety and well-being of urban citizens, among other objectives). The act also includes harsher criminal penalties for conviction of discrimination based on disability and inclusive health services with provision of services near residences and rural areas. As of October the National Council of Justice reported 3,834 new cases of discrimination based on disability and 1,918 other cases in some phase of the appeal process.

The National Council for the Rights of Persons with Disabilities and the National Council for the Rights of the Elderly have primary responsibility for promoting the rights of persons with disabilities. The lack of accessible infrastructure and school resources significantly limited the ability of persons with disabilities to participate in the workforce. In September, President Bolsonaro signed a decree creating the National Special Education Policy to facilitate parents placing their children with disabilities in specialized schools without having to try nonspecialized schools first. Some critics claimed the policy could result in fewer schooling options for children with disabilities.

Civil society organizations acknowledged monitoring and enforcement of disability policies remained weak and criticized a lack of accessibility to public transportation, weak application of employment quotas, and a limited medical-based definition of disability that often excludes learning disabilities.

Members of National/Racial/Ethnic Minority Groups

The law prohibits racial discrimination, specifically the denial of public or private facilities, employment, or housing to anyone based on race. The law also prohibits the incitement of racial discrimination or prejudice and the dissemination of racially offensive symbols and epithets, and it stipulates prison terms for such acts.

Approximately 52 percent of the population self-identified as belonging to categories other than white. Despite this high representation within the general population, darker-skinned citizens, particularly Afro-Brazilians, encountered discrimination. They experienced a higher rate of unemployment and earned average wages below those of whites in similar positions. There was also a sizeable education gap. Afro-Brazilians were disproportionately affected by crime and violence.

In a June 19 decision, Judge Ines Zarpelon repeated three times in her written decision that defendant Natan Paz was surely a member of a criminal group due to his Afro-Brazilian race. The judge sentenced him to 14 years and two months in prison for larceny, robbery, and organized crime, consistent with other sentences for similar crimes. Paz’s attorney stated he would appeal the decision, and the National Council of Justice and state bar association requested an investigation of the judge by the Curitiba court and the state Public Ministry. On September 28, the Internal Affairs Office of the state court in Parana dismissed the complaint, noting that the judge’s reference to the defendant’s race had been taken out of context and that the defendant’s sentence was a result of his crimes, not the color of his skin. After the killing of George Floyd in the United States, the country saw widespread Black Lives Matter activism targeted at not only ending police violence against Afro-Brazilians but also raising awareness of pervasive systemic racism in many aspects of society, including the criminal justice system.

Controversial deaths of Afro-Brazilians in Recife and Rio de Janeiro, albeit not at the hands of police, indicated that protests in those cities included a broader message against overall systemic racism in society, according to NGO observers. In Recife a wealthy and well-connected white woman required her Afro-Brazilian housekeeper to report to work despite the housekeeper reportedly not being able to find childcare for her five-year-old son due to COVID-19 closures. The white employer allegedly offered to babysit the toddler but then allowed him to enter an elevator alone and ride to a high floor, from which he subsequently fell to his death. The employer faced a manslaughter charge but was free on bail. Some believed she was treated leniently because of her political connections to local authorities, creating “die-ins” and street protests in the northeastern region of the country. In Rio de Janeiro protests began after the city reported that its first death from COVID-19 was an Afro-Brazilian housekeeper working in the home of a white employer who had recently returned from travel abroad, carrying the virus unknowingly, and had required the housekeeper to report to work. Both cases produced debate on social media regarding pervasive economic racism in the country and the failure of the criminal justice system to treat all citizens equally.

The law provides for quota-based affirmative action policies in higher education, government employment, and the military. Nevertheless, Afro-Brazilians were underrepresented in the government, professional positions, and middle and upper socioeconomic classes.

Many government offices created internal committees to validate the self-declared ethnicity claims of public-service job applicants by using phenotypic criteria, assessing “blackness” in an attempt to reduce abuse of affirmative action policies and related laws. University administrators regularly conducted investigations and expelled students for fraudulently claiming to be black or brown to claim racial quota spots in universities. In July the University of Brasilia revoked the diplomas of two students and expelled another 15 on suspicion of fraud in accessing racial quotas. Statistics showed university racial-quota policies were beginning to have a positive impact on educational outcomes for Afro-Brazilians. For example, the University of Brasilia reported in August that almost 49 percent of its students were black or brown, up from 10 percent in 2003.

In Rio Grande do Sul, many virtual classes and presentations with themes involving blackness, women, and LGBTI rights fell victim to “Zoom-bombing” by hate groups. Aggressors typically joined the group video calls and interrupted the presentations with messages of a sexual, racist, or homophobic nature. The Federal Police was investigating four cases in Santa Maria, Santo Angelo, and Porto Alegre, all in Rio Grande do Sul State.

Followers of Afro-Brazilian religions such as Candomble and Umbanda faced more discrimination and violence than any other faith-based group. Although less than 2 percent of the population followed Afro-Brazilian religions, a majority of the religious persecution cases registered by the human rights hotline involved victims who were practitioners of Afro-Brazilian religions.

On July 31, a Sao Paulo court awarded custody of a 12-year-old girl to her maternal Christian grandmother, removing the girl from her mother, who had supported her daughter’s choice to practice the Afro-Brazilian religion of Candomble. The grandmother filed for custody alleging the child faced physical and psychological harm after she shaved her head for a Candomble religious ceremony. Although court documents were not publicly available due to the minor status of the child, media reported that authorities had found no evidence of physical or psychological harm and that the girl had said Candomble was her religion of choice. On August 14, the court returned the girl’s custody to her mother and requested further police investigation.

Followers of Afro-Brazilian religions faced physical attacks on their places of worship. According to one religious leader, these attacks resulted from a mixture of religious intolerance and racism, systemic societal discrimination, media’s perpetuation of harmful stereotypes, and attacks by public and religious officials against these communities. On June 9, armed men invaded one of Bahia State’s oldest Candomble temples and destroyed several sacred objects. Media identified the invaders as employees of Grupo Penha packaging company. Representatives of the company denied any wrongdoing but claimed the temple was located on company-owned land.

Indigenous People

According to data from the National Indigenous Foundation (FUNAI) and the 2010 census, there were approximately 897,000 indigenous persons, representing 305 distinct indigenous ethnic groups that spoke 274 distinct languages.

The constitution grants the indigenous population broad protection of their cultural patrimony and use of their territory; however, all aboveground and underground minerals as well as hydroelectric power potential belong to the government. Congress must consult with the tribes involved when considering requests to exploit mineral and water resources, including ones with energy potential, on indigenous lands. Despite several proposals, Congress had not approved specific regulations on how to develop natural resources on indigenous territory, rendering any development of natural resources on indigenous territory technically illegal.

In May the government launched the second phase of Operation Green Brazil to eradicate forest fires and deter criminal activity by making arrests, issuing fines, and confiscating illegally logged wood. Nevertheless, NGOs claimed the lack of regulation along with impunity in cases of illegal land invasions resulted in illegal exploitation of natural resources. The NGO Instituto Socioambiental (ISA) reported there were more than 20,000 miners illegally extracting gold from the Yanomami indigenous lands in Roraima State. According to a report released by the NGO Indigenous Missionary Council (CIMI) in 2020, there were 256 cases of illegal invasions and exploitation of natural resources on 151 indigenous territories in 23 states in 2019. A 2019 Human Rights Watch report specifically detailed illegal deforestation in the Amazon. The report concluded that illegal deforestation in the Brazilian Amazon region was driven largely by criminal networks that had the logistical capacity to coordinate large-scale extraction, processing, and sale of timber, while deploying armed men to protect their interests. The report documented 28 killings–most of them since 2015–in which evidence indicated the perpetrators were engaged in illegal deforestation and the victims were targeted because they opposed these criminal activities. Victims included environmental enforcement officials, members of indigenous communities, or others who denounced illegal logging to authorities.

Illegal land invasions often resulted in violence and even death. According to the CIMI report, there were 113 killings of indigenous persons in 2019, compared with 135 such cases in 2018. The killing of indigenous leader and environmental and human rights defender Zezico Rodrigues in March in Arame, Maranhao, was the fifth such killing of an indigenous Guajajara in as many months. Rodrigues worked as director of the indigenous School Education Center and fought environmental crimes. According to indigenous leaders in the region, he reportedly received death threats and formally complained to FUNAI and the Federal Police.

According to FUNAI, the federal government established rules for providing financial compensation in cases of companies that won development contracts affecting indigenous lands. Illegal logging, drug trafficking, and mining, as well as changes in the environment caused by large infrastructure projects, forced indigenous tribes to move to new areas or make their demarcated indigenous territories smaller than established by law. Various indigenous groups protested the slow pace of land demarcations. In a case that lasted more than 30 years, in 2018 a court ordered the return of 20,000 acres of land to the Pankararu indigenous community in the municipalities of Tacaratu, Petrolandia, and Jatoba in the state of Pernambuco. As a result, the Federal Public Ministry instituted an administrative procedure to coordinate federal actions and prevent conflicts. It received reports of invaders cutting down trees, breaking fences, destroying gardens, and threatening members of the Pankararu community.

NGOs and indigenous people’s organizations reported higher mortality rates among members of indigenous groups due to COVID-19 than the Ministry of Health reported. According to the Institute for Environmental Research in the Amazon and the NGO Coordination of the Indigenous Organizations in the Brazilian Amazon, the mortality rate due to COVID-19 among indigenous persons on June 24 in the Amazon was 6.8 percent. In comparison, as of June 27, the ministry reported mortality rates due to COVID-19 averaged 4.3 percent, and in the northern region, where most indigenous groups lived, only 3.7 percent. Some of this discrepancy may have been due to differences in how mortality was calculated based on all indigenous persons or only those who live in indigenous territories. Many indigenous persons expressed concern that the virus, with its higher risk to older, vulnerable populations, could erase their cultural heritage by decimating an entire generation of elders. The Munduruku people, with land in the states of Amazonas and Para, reported losing seven elders between ages 60 and 86 to COVID-19. According to multiple media reports, indigenous leaders believed exposure from outside, specifically miners and loggers, and increased air pollution (due to machinery and burning deforested land) had caused aggravated respiratory health and put an already vulnerable population at higher risk of contracting COVID-19.

In July a federal court ordered the federal government to expel the estimated 20,000 illegal gold miners from Yanomami Indigenous territory to protect them from the COVID-19 spread. The Ministry of Health, FUNAI, and the Ministry of Defense sent medical missions and more than 350 tons of health supplies to indigenous territories, including more than $40 million in medical supplies to the state of Amazonas, where most indigenous groups lived. Additionally, the Health Ministry, together with state governments and FUNAI, opened five new hospital wings in the states of Para, Amapa, and Amazonas exclusively for treating indigenous COVID-19 patients. On July 8, President Bolsonaro passed a law creating an emergency action plan to support COVID-19 prevention and treatment for indigenous and other traditional populations. The plan addresses basic hygiene and medical needs. Indigenous leaders made public statements emphasizing that very few of these resources had been delivered to their communities and argued that resource scarcity resulting from the COVID-19 crisis remained a concern.

The Quilombola population–descendants of escaped African slaves–was estimated to include 6,000 communities and five million individuals, although the government had no official statistics. The constitution recognizes Quilombola land ownership rights. Nearly 3,000 communities were registered, but fewer than 140 had been granted land titles by the government.

Quilombola representatives and partner organizations reported that members of these communities suffered higher mortality rates due to COVID-19 than the rest of the country’s population. According to a partnership between the NGOs ISA and National Coordination for the Articulation of Quilombola Communities (CONAQ), the mortality rate due to COVID-19 in Quilombola communities as of June was 7.6 percent. In comparison, as of June 27, the Ministry of Health reported mortality rates due to COVID-19 in the entire country averaging 4.3 percent, and in the northern region, where a majority of indigenous peoples lived, 3.7 percent.

Quilombola communities faced systemic challenges such as endemic poverty, racism, violence, and threats against leaders and women, as well as limited access to essential resources and public policies. According to CONAQ, black populations had a higher rate of diseases that further aggravated the effects of COVID-19, such as diabetes and high blood pressure. The precarious access to water in many territories was a cause for concern, as it also hindered the hygiene conditions necessary to prevent the spread of the virus. Civil society leaders also cited concerns about food insecurity in Quilombola communities. The communities claimed that health officials were not conducting sufficient contact tracing or testing there, compared with the general population.

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

Violence against LGBTI individuals was a serious concern. The Federal Public Ministry is responsible for registering reports of crimes committed on the basis of gender or sexual orientation but reportedly was slow to respond. Transgender individuals were particularly at risk of being the victims of crime or committing suicide. According to the NGO Grupo Gay da Bahia, the risk for a transgender person of being killed was 17 times greater than for a gay person. According to the National Association of Transvestites and Transsexuals in Brazil, in partnership with the Brazilian Institute of Trans Education, 124 transgender men and women were killed in 2019, compared with 163 in 2018. Police arrested suspects in only 9 percent of the cases. According to some civil society leaders, underreporting of crimes was rampant, because many LGBTI persons were afraid they might experience discrimination or violence while seeking services from law enforcement authorities.

In May transgender woman Vick Santos was found strangled and burned in Itu, Sao Paulo. In July, Douglas Jose Goncalves and his wife, Natasha Oliveira, confessed to the crime. Goncalves told police he strangled Santos in self-defense during an altercation. He and Oliveira then burned Santos’ body in an effort to destroy forensic evidence. Both were arrested and were awaiting trial.

On July 26, two teenagers in Bahia stoned Guilherme de Souza and then took his unconscious body to an abandoned house, which they set ablaze. A few hours after the crime was committed, police arrested the suspects, one of whom confessed that he had premeditated the crime because he was offended when the victim, who was homosexual, had flirted with him.

No specific law prohibits discrimination against LGBTI persons in essential goods and services such as health care. In June 2019, however, the Supreme Court criminalized discrimination based on sexual orientation and gender identity. Offenders face sentences of one to three years’ imprisonment and a fine, or two to five years’ imprisonment and a fine if there is widespread media coverage of the incident.

NGOs cited lack of economic opportunity for LGBTI persons as a concern. According to the NGO Grupo Gay da Bahia, 33 percent of companies avoided hiring LGBTI employees, and 90 percent of transgender women survived through prostitution because they could find no employment alternative. Transgender women often paid human traffickers for protection and daily housing fees. When they were unable to pay, they were beaten, starved, and forced into commercial sex. Traffickers exploited transgender women, luring them with offers of gender reassignment surgery and later exploiting them in sex trafficking when they were unable to repay the cost of the procedure.

According to some LGBTI leaders, the COVID-19 pandemic severely limited the LGBTI population’s access to public health and mental health resources, and many were in abusive domestic situations with families that did not support them. According to some civil society sources, LGBTI workers, who were more likely to work in the informal economy, lost their jobs at a much higher rate than the general population during the pandemic.

HIV and AIDS Social Stigma

Discrimination against persons with HIV or AIDS is punishable by up to four years in prison and a fine. On May 8, the Supreme Court overturned a Ministry of Health and National Health Surveillance Agency regulation that barred men who had sex with other men from giving blood for 12 months, ending any waiting time.

Civil society organizations and the press reported discrimination against persons with HIV or AIDS. According to one LGBTI activist, although the government provided affordable HIV treatment through the National Institute of Infectious Diseases, many HIV-positive persons did not access the service because they were unaware of its existence or did not understand the bureaucracy required to participate in the program.

Other Societal Violence or Discrimination

Drug trafficking organizations and other groups contributed to societal violence or discrimination. There was evidence that these organizations participated in vigilante justice, holding “trials” and executing persons accused of wrongdoing. A victim was typically kidnapped at gunpoint and brought before a tribunal of gang members, who then tortured and executed the victim.

On July 16, Sao Paulo police arrested six men suspected of being part of the so-called criminal court of the militia group PCC. They were suspected of committing serial killings at the behest of the faction in the southern region of the capital. According to media reports, police believed the suspects killed four persons and buried them in unmarked graves.

In Rio de Janeiro’s favelas, so-called militia groups, often composed of off-duty and former law enforcement officers, reportedly took policing into their own hands. Many militia groups intimidated residents and conducted illegal activities such as extorting protection money and providing pirated utility services. The groups also exploited activities related to the real estate market and the sale of drugs and arms.

In March members of a drug trafficking gang that controlled the Cidade de Deus favela in the city of Rio de Janeiro ordered residents to remain indoors after 8 p.m., in an attempt to prevent the spread of COVID-19. They posted a video on social media saying, “anyone found walking around outside would be punished.” The gang told residents that they had imposed the curfew “because nobody was taking [coronavirus] seriously.” In areas controlled by militia groups such as Praca Seca, in the western part of the city, militia members also prohibited small bars in the area to operate and informed residents they were to remain indoors.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for freedom of association for all workers (except members of the military, military police, and firefighters); the right to bargain collectively with some restrictions; and the right to strike. The law limits organizing at the enterprise level. By law the armed forces, military police, and firefighters may not strike. The law prohibits antiunion discrimination, including the dismissal of employees who are candidates for, or holders of, union leadership positions, and it requires employers to reinstate workers fired for union activity.

New unions must register with the Ministry of Economy, which accepts the registration unless objections are filed by other unions. The law stipulates certain restrictions, such as unicidade (in essence, one union per occupational category per city), which limits freedom of association by prohibiting multiple, competing unions of the same professional category in a single geographical area. Unions that represent workers in the same geographical area and professional category may contest registration.

The law stipulates a strike may be ruled “disruptive” by the labor court, and the union may be subjected to legal penalties if the strike violates certain conditions, such as if the union fails to maintain essential services during a strike, notify employers at least 48 hours before the beginning of a walkout, or end a strike after a labor court decision. Employers may not hire substitute workers during a legal strike or fire workers for strike-related activity, provided the strike is not ruled abusive.

The law obliges a union to negotiate on behalf of all registered workers in the professional category and geographical area it represents, regardless of whether an employee pays voluntary membership dues. The law permits the government to reject clauses of collective bargaining agreements that conflict with government policy. A 2017 law includes new collective bargaining rights, such as the ability to negotiate a flexible hourly schedule and work remotely.

Freedom of association and the right to collective bargaining were generally respected. Collective bargaining was widespread in establishments in the private sector. Worker organizations were independent of the government and political parties. In the view of expert NGOs working in this field, the government usually effectively enforced applicable laws and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits “slave labor,” defined as “reducing someone to a condition analogous to slavery,” including subjecting someone to forced labor, debt bondage, exhausting work hours, and labor performed in degrading working conditions.

Many individuals in slave labor, as defined by the country’s law, were victims of human trafficking for the purpose of labor exploitation. The government took actions to enforce the law, although forced labor occurred in a number of states. Violations of forced labor laws are punishable by up to eight years in prison, but this was often not sufficient to deter violations. The law also provides penalties for various crimes related to forced labor, such as illegal recruiting or transporting workers or imposing onerous debt burdens as a condition of employment. Every six months the Ministry of Economy publishes a “dirty list” of companies found to have employed forced labor. In April the updated list included 41 new companies and owners from a range of sectors such as coffee, mining, and fishing boats. The list is used by public and private banks to conduct risk assessments, and inclusion on the list prevents companies from receiving loans from state-owned financial institutions. The Labor Prosecutor’s Office, in partnership with the International Labor Organization (ILO), maintained an online platform that identified hotspots for forced labor. In July the Labor Prosecutor’s Office announced it would start publishing a separate list of individuals and corporate entities convicted of trafficking in persons and slave labor.

The Ministry of Economy’s Mobile Labor Inspection Unit teams conducted impromptu inspections of properties where forced labor was suspected or reported, using teams composed of labor inspectors, labor prosecutors from the Federal Labor Prosecutor’s Office, and Federal Police officers. Mobile teams levied fines on landowners who used forced labor and required employers to provide back pay and benefits to workers before returning the workers to their municipalities of origin. Labor inspectors and prosecutors, however, could apply only civil penalties; consequently, many cases were not criminally prosecuted.

Forced labor, including forced child labor, was reported in jobs such as clearing forests to provide cattle pastureland, logging, producing charcoal, raising livestock, and other agricultural activities. Forced labor often involved young men drawn from the less-developed northeastern states–Maranhao, Piaui, Tocantins, and Ceara–and the central state of Goias to work in the northern and central-western regions of the country. In addition there were reports of forced labor in the construction industry. News outlets reported cases that amounted to forced labor in production of carnauba wax. Cases of forced labor were also reported in the garment industry in the city of Sao Paulo; the victims were often from neighboring countries, particularly Bolivia, Peru, and Paraguay, while others came from Haiti, South Korea, and China.

Media also reported cases of forced labor of domestic workers in wealthy urban households. In June authorities discovered a 61-year-old woman working as a domestic servant under forced labor conditions for a wealthy family in a rich Sao Paulo neighborhood. According to media reports, she had worked without the proper salary, and at times for no salary, for the family since 1998. After several media outlets reported the female employer was an Avon executive, the cosmetic company fired her and posted on social media that they would provide housing for the victim, who would also receive unemployment insurance from the government. The accused couple was arrested and then released on bail. All of their bank accounts and assets were frozen.

In 2019 authorities conducted 45 labor inspections and identified 1,054 victims of slave labor, including 20 child victims of slave labor, compared with 44 labor inspections, and the identification of 1,745 victims of slave labor, including 28 child victims of slave labor in 2018. Officials issued administrative penalties to 106 employers guilty of slave labor, compared with 100 employers in 2018. Between January and June, labor inspectors in the state of Ceara received 26 complaints involving child labor, a 62-percent increase from the same period in 2019. In the view of expert NGOs working in this field, penalties for slave labor were not commensurate with those for other analogous serious crimes, such as kidnapping.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. Prohibitions against child sex trafficking require the use of threats, violence, coercion, fraud, or abuse, which does not meet international standards. The minimum working age is 16, but apprenticeships may begin at age 14. The law bars all minors younger than 18 from work that constitutes a physical strain or occurs in unhealthy, dangerous, or morally harmful conditions. Hazardous work includes an extensive list of activities within 13 occupational categories, including domestic service, garbage scavenging, and fertilizer production. The law requires parental permission for minors to work as apprentices.

On June 28, a superior court decided that the years worked in child labor in rural areas would be counted towards the minimum needed to receive retirement benefits. The court highlighted that although child labor is illegal, it would be unfair to not count the years worked in such harmful conditions.

The Ministry of Economy’s Special Mobile Inspection Group is responsible for inspecting worksites to enforce child labor laws. Penalties were insufficient to deter violations. Most inspections of children in the workplace were driven by complaints brought by workers, teachers, unions, NGOs, and media. Due to legal restrictions, labor inspectors remained unable to enter private homes and farms, where much of the child labor allegedly occurred. The government did not always effectively enforce the law. In the view of expert NGOs working in this field, penalties for slave labor were not commensurate with those for other analogous serious crimes, such as kidnapping. Between March and May, when most states were under mandatory social distancing measures, labor inspectors uncovered 63 cases of child labor, compared with 176 during the same period in 2019. On June 3, labor authorities used hip-hop music to raise awareness about child labor during a national campaign to address the concern that the COVID-19 pandemic and economic consequences could push more adolescents into exploitative work situations. Rappers Emicida and Drik Barbosa performed the campaign’s theme song, which was shared in a weekly podcast and in 12 social media videos about child slavery.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination on the basis of race, sex, gender, disability, religion, political opinion, natural origin or citizenship, age, language, and sexual orientation or gender identity. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. Discrimination against individuals who are HIV positive or suffer from other communicable diseases is also prohibited. The government generally enforced the laws and regulations, although discrimination in employment occurred with respect to Afro-Brazilians, women, persons with disabilities, indigenous persons, and transgender individuals. The Ministry of Economy implemented rules to integrate promotion of racial equality in its programs, including requiring race be included in data for programs financed by the ministry. According to the ILO, women not only earned less than men but also had difficulties entering the workplace: 78 percent of men held paid jobs, compared with 56 percent of women. Although the law prohibits gender discrimination in pay, professional training, working hours, occupations, tasks, and career advancement, according to NGO representatives, the law was rarely enforced, and discrimination existed.

e. Acceptable Conditions of Work

The law provides for a minimum wage. The minimum wage was greater than the official poverty income level. According to the Brazilian Institute of Geography and Statistics, however, in 2018 the per capita income of approximately 60 percent of workers was below the minimum wage. The Ministry of Economy verified enforcement of minimum wage laws as part of regular labor inspections. Penalties alone were not sufficient to deter violations.

The law limits the workweek to 44 hours and specifies a weekly rest period of 24 consecutive hours, preferably on Sundays. The law also provides for paid annual vacation, prohibits excessive compulsory overtime, limits overtime to two hours per workday, and stipulates that hours worked above the monthly limit must be compensated with at least time-and-a-half pay; these provisions generally were enforced for all groups of workers in the formal sector. The constitution also provides for the right of domestic employees to work a maximum of eight hours of per day and 44 hours per week, a minimum wage, a lunch break, social security, and severance pay.

The Ministry of Economy sets occupational, health, and safety standards that are consistent with internationally recognized norms, although unsafe working conditions were prevalent throughout the country, especially in construction. The law requires employers to establish internal committees for accident prevention in workplaces. It also provides for the protection of employees from being fired for their committee activities. Workers could remove themselves from situations that endangered their health or safety without jeopardy to their employment, although those in forced labor situations without access to transportation were particularly vulnerable to situations that endangered their health and safety. In the view of expert NGOs working in this field, officials enforced occupational safety and health (OSH) laws. Penalties for violations of OSH laws were commensurate with those for crimes, such as negligence. Inspectors have the authority to make unannounced inspections and initiate sanctions.

The Ministry of Economy addressed problems related to acceptable conditions of work such as long workdays and unsafe or unhygienic work conditions. Penalties for violations include fines that vary widely depending on the nature of the violation. Fines were generally enforced and were sometimes sufficient to deter violations. The National Labor Inspection School held various virtual training sessions for labor inspectors throughout the year. The number of labor inspectors was insufficient to deter violations.

Chile

Executive Summary

Chile is a constitutional multiparty democracy. In 2017 the country held presidential elections and concurrent legislative elections, which observers considered free and fair. Former president (2010-14) Sebastian Pinera won the presidential election and took office in March 2018.

The Carabineros and the Investigative Police have legal responsibility for law enforcement and maintenance of order, including migration and border enforcement, within the country. The Ministry of the Interior and Public Security oversees both forces. Civilian authorities generally maintained effective control over the security forces. Members of the security forces committed abuses.

On October 25, the country held a plebiscite, which observers considered free and fair, in which a majority approved the drafting of a new constitution.

Significant human rights issues included reports of arbitrary or unlawful killings; torture by law enforcement officers; violence against indigenous persons; and violence against lesbian, gay, bisexual, transgender, and intersex persons.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were isolated reports that the government or its agents committed arbitrary or unlawful killings. On October 18, during a protest in Santiago marking the anniversary of the 2019 social unrest, Anibal Villarroel was shot and killed, allegedly by Carabineros. The case was under investigation at year’s end.

The Investigative Police and Public Prosecutor’s Office investigate whether security force killings were justifiable and pursue prosecutions. The National Institute of Human Rights (INDH), an independent government authority that monitors complaints and allegations of abuse, may file civil rights cases alleging arbitrary killings. As of October prosecutions of one soldier and one marine arrested for killings during the 2019 social unrest and investigations into three other killings–two allegedly by Carabineros and one by a soldier–continued.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, there were reports of excessive force, abuse, and degrading treatment by law enforcement officers. Since widespread protests and civil unrest that began in 2019 and continued into January and February, the INDH filed nearly 2,500 criminal accusations that law enforcement officials committed acts of torture or cruel treatment during detention of protesters or criminal arrests, including accusations of sexual abuse or assault. In July the National Prosecutor’s Office announced it had received more than 8,800 allegations of abuse by security forces between October 18, 2019, and March 31. Of these, more than 1,000 allegations were for abuse of minors and nearly 400 for sexual violence. As of October the National Prosecutor’s Office reported that 4,681 investigations remained open and that it had formally charged 75 members of security forces and had requested hearings to charge 22 more. Of those charged, one case had resulted in a conviction by October.

On March 29, during a protest in the Santiago neighborhood of Villa Francia, a woman who claimed she was not in involved in the protest was stopped by Carabineros and allegedly beaten, despite complying with orders and declaring that she was pregnant. She was taken to a police station, where she suffered a miscarriage, and was transferred to a hospital, where medical personnel allegedly mistreated her. She was taken back to the police station and only released when the prosecutor arrived. On April 2, the INDH filed a criminal complaint of torture, which remained under investigation as of October.

During the civil unrest, more than 200 civilians suffered eye trauma due to Carabineros’ use of shotguns loaded with nonlethal pellets, according to the INDH. On July 23, a man lost his eye in the city of Renca after being shot, allegedly by a member of the Investigative Police. The INDH filed a criminal suit for torture, prosecutors opened an investigation, and as of October the accused officer remained under house arrest.

In August prosecutors arrested and charged the officer who shot Gustavo Gatica with a riot-control shotgun in November 2019, blinding him in both eyes. As of October the case against the officer remained open. In April the government issued new regulations on the use of force by security forces, including police and armed forces, to limit the use of shotguns and other nonlethal ammunition during protests.

Human rights groups reported that impunity was a problem in the security forces, especially the Carabineros. The INDH, Investigative Police, and public prosecutors investigated many of the abuses and brought criminal charges, but court closures and delays due to the COVID-19 pandemic slowed investigations. The Carabineros quickly fired many officers accused of abuses and administratively sanctioned others. The slow pace and small number of prosecutions relative to the number of accusations stemming from the social unrest created a perception that those accused of abuses did not face effective accountability. The government increased training for Carabineros officers on crowd control techniques and human rights.

Prison and Detention Center Conditions

According to the INDH and other observers, conditions in some prisons were poor, due to antiquated infrastructure, overcrowding, substandard sanitary infrastructure, and inadequate water supplies. Human rights organizations reported that violence, including torture, occurred, as well as an entrenched practice of unsanctioned punishment.

Physical Conditions: The prison population was unevenly distributed across the prison system, with approximately 50 percent of prisons operating beyond maximum capacity, while others were underpopulated. Overpopulation and inadequate facilities led to comingling of pretrial detainees and convicted prisoners as a common practice. The INDH reported that prisoners were often confined to their cells for the majority of the day, a practice that did not allow sufficient time for exercise or participation in rehabilitation and readjustment programs.

Prisoner and human rights groups continued to investigate alleged abuse or use of excessive force against detainees, and media covered some of the allegations.

On April 16, the government passed a law to commute the sentences of 1,860 elderly prisoners, pregnant women, and women with infant children, releasing them to house arrest to limit their exposure to COVID-19. Prisoners convicted of violent crimes and crimes against humanity were not eligible.

Administration: Independent government authorities, including the INDH, generally investigated credible allegations of mistreatment. The government usually investigated and monitored prison and detention center conditions.

Independent Monitoring: The government permitted prison visits by independent human rights observers, and such visits took place at both government and privately operated facilities.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government did not always observe these requirements.

Arrest Procedures and Treatment of Detainees

Only public officials expressly authorized by law may arrest or detain citizens, and they generally did so openly with warrants based on sufficient evidence brought before an independent judiciary. Authorities must immediately inform a prosecutor of an arrest and generally did so.

The prosecutor must open an investigation, receive a statement from the detainee, and ensure that the detainee is held at a local police station until the detention control hearing. Detention control hearings are held twice daily, allowing for a judicial determination of the legality of the detention within 24 hours of arrest. Detainees must be informed of their rights, including the right to an attorney and the right to remain silent until an attorney is present. Public defenders are provided for detainees who do not hire their own lawyer. Authorities must expedite notification of the detention to family members. If authorities do not inform detainees of their rights upon detention, the judge may declare the process unlawful during the detention control hearing.

The law allows judges to set bail, grant provisional liberty, or order continued detention as necessary for the investigation or the protection of the prisoner or the public.

The law affords detainees 30 minutes of immediate and subsequent daily access to a lawyer (in the presence of a prison guard) and to a doctor to verify their physical condition. Regular visits by family members are allowed.

Persons detained during protests that violated curfews or restrictions on public gatherings put in place due to the COVID-19 pandemic were often released without charge and without a detention control hearing, and thus without a formal determination whether the arrest was lawful.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced that right.

Defendants enjoy a presumption of innocence and have a right of appeal. They have the right to be informed promptly of charges, to have time to prepare their defense, and not to be compelled to testify or admit guilt. Three-judge panels form the court of first instance. The process is oral and adversarial, defendants have the right to be present and consult with an attorney in a timely manner, and judges rule on guilt and dictate sentences. Defendants have the right to free assistance from an interpreter. Court records, rulings, and findings were generally accessible to the public.

The law provides for the right to legal counsel, and public defenders’ offices across the country provided professional legal counsel to anyone seeking such assistance. When human rights organizations or family members requested assistance, the nongovernmental organization (NGO) Corporation for the Promotion and Defense of the Rights of the People and other lawyers working pro bono assisted detainees during interrogation and trial. Defendants may confront or question adverse witnesses and present witnesses and evidence on their behalf, although the law provides for unidentified witnesses to testify in secret in certain circumstances.

For crimes committed prior to the implementation of the 2005 judicial reforms, criminal proceedings are inquisitorial rather than adversarial. As of September, one inquisitorial criminal court remained open.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

In civil matters there is an independent and impartial judiciary, which permits individuals to seek civil remedies for human rights violations; however, the civil justice system retained antiquated and inefficient procedures, which resulted in civil trials lasting years, if not decades. Administrative and judicial remedies are available for alleged wrongs. Individuals and organizations may appeal adverse domestic decisions domestically or to regional human rights bodies. Cases involving violations of an individual’s human rights may be submitted through petitions by individuals or organizations to the Inter-American Commission on Human Rights, which in turn may submit the case to the Inter-American Court of Human Rights. The court may order civil remedies, including fair compensation to the individual injured.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Violence and Harassment: On May 1, Carabineros arrested a large group of journalists covering a Labor Day protest in Santiago. Despite the journalists’ claims of possessing appropriate credentials exempting them from COVID-19 restrictions, the Carabineros accused them of violating limits on public gatherings and transported them to a police station. Several of the journalists continued broadcasting during their arrests, and videos showed Carabineros using water cannons and pepper spray against members of the press.

Internet Freedom

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.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected those rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation; and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

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, including access to education and health care.

Durable Solutions: In 2018 the government announced a Democratic Responsibility visa for Venezuelans fleeing the humanitarian crisis in Venezuela. In June 2019 the government halted visa-free entry for nonimmigrant Venezuelans. Under the government’s immigration reform, the Democratic Responsibility Visa is the primary means for Venezuelans to work or establish legal residency in Chile. In 2018 the government began facilitating the voluntary repatriation of more than 1,200 Haitians to Port-au-Prince under its Humanitarian Plan for Orderly Returns program. Haitians wishing to participate must sign a declaration agreeing not to return to Chile within nine years of departing.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: The country held concurrent presidential and legislative elections in 2017, both of which observers considered free and fair. The center-right candidate, Sebastian Pinera, won the 2017 runoff election against the center-left independent candidate Senator Alejandro Guillier.

On October 25, the country held a plebiscite, which observers considered free and fair, in which a majority approved the drafting of a new constitution.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. The constitutional convention to be elected in April 2021 requires gender parity.

The Mapuche minority group, which represents approximately 13 percent of the population, has historically been underrepresented in government. In 2017 two candidates from the Mapuche indigenous group were elected to congress–one to the 43-seat Senate and one to the 155-seat Chamber of Deputies (see section 6, Ethnic Minorities).

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented those laws effectively. There were isolated reports of government corruption during the year.

Corruption: On June 1, prosecutors requested a 26-year sentence for Karim Chahuan, a city council member in the town of La Calera, Valparaiso, for drug trafficking, influence trafficking, falsification of public documents, obstruction of justice, and violations of the state security law. Chahuan was accused of using his position to obtain fraudulent documents for vehicles used in drug trafficking and other crimes and of being a gang ringleader. As of September he was in preventive detention awaiting trial.

Financial Disclosure: Law and regulation require income and asset disclosure by appointed and elected officials. Declarations are made available to the public, and there are administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases, including multiple investigations into abuses during the civil unrest. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The INDH operated independently and effectively, issued public statements and an annual report, and proposed changes to government agencies or policies to promote and protect human rights. The Senate and Chamber of Deputies have standing human rights committees responsible for drafting human rights legislation.

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

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. Penalties for rape range from five to 15 years’ imprisonment, and the government generally enforced the law.

The law criminalizes both physical and psychological domestic violence and protects the privacy and safety of the victim making the charge of rape or domestic violence.

Family courts handle cases of domestic violence and penalize offenders with monetary fines and other sanctions, such as eviction of the offender from the residence shared with the survivor, restraining orders, confiscation of firearms, and court-ordered counseling. Cases of habitual psychological abuse and physical abuse are prosecuted in the criminal justice system. Penalties are based on the gravity of injuries and range from 61 days’ to 15 years’ imprisonment. Murder in the context of domestic violence is defined as femicide in the criminal code, and penalties range from 15 years to life in prison. The government generally enforced the laws against domestic violence effectively.

The Ministry of Women and Gender Equality had a victims’ assistance and protection program that operated psychological, legal, and social assistance centers and shelters throughout the country and maintained an emergency hotline.

Violence against women and girls, including rape and femicide, was a significant problem. Police and prosecutor reports of domestic violence were lower than in previous years, presumably due to difficulties for victims presented by public health measures restricting movement to prevent the spread of COVID-19. Calls to the Ministry of Women and Gender Equality’s gender violence hotline increased 80 percent between March and April. Reports of rape reached a 10-year high in 2019.

On August 6, the body of a 16-year-old girl who had been missing for one week was found buried under the house of her mother’s partner in the Valparaiso region. She had been raped and killed. On August 10, the alleged perpetrator was arrested and held in pretrial detention. He had prior convictions for killing a previous partner and her nine-year-old son in 2005 and was freed on parole in 2016. On September 23, the girl’s mother was arrested for her alleged participation in the killing. An investigation remained open at year’s end. On August 22, Carabinera Norma Vasquez was found dead in the trunk of a car in Linares. Her boyfriend, former Carabineros second lieutenant Gary Valenzuela Ramos, was arrested and placed in pretrial detention. Carabineros dismissed Valenzuela Ramos and opened an internal investigation on July 30, after Vasquez filed a sexual harassment charge against him. An investigation remained open at year’s end.

Sexual Harassment: Workplace sexual harassment is not a criminal offense, with penalties outlined exclusively in the labor code. By law sexual harassment in the workplace is cause for immediate dismissal from employment. The law requires employers to define internal procedures, or a company policy, for investigating sexual harassment, and employers may face fines and additional financial compensation to victims if it is shown the company policy on sexual harassment was not followed. The law provides protection to those affected by sexual harassment by employers and coworkers. The law provides severance pay to individuals who resign due to sexual harassment if they have completed at least one year with the employer.

Sexual harassment in public spaces is a crime. The law defines any verbal or gesture of a sexual nature designed to intimidate or humiliate another person as harassment, and it includes audiovisual recordings of an individual’s genital area or private parts without consent. Depending on the severity of the crime, penalties range from 61 days’ to five years’ imprisonment and monetary fines.

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

The national health service provided contraception and reproductive health services, but access to sexual and reproductive health services and information was limited in remote regions, which especially affected poor women. Emergency contraception was available at pharmacies without a prescription. During the year defective or improperly packaged birth control pills distributed by public health clinics allegedly caused at least 170 unwanted pregnancies, according to NGOs and media reports.

The law permits abortion only in cases of rape, severe danger to the health of the mother, or a nonviable pregnancy. Cultural and societal objections to abortion and contraception remained widespread, and NGOs reported that many women who met the legal conditions necessary to terminate their pregnancies nonetheless faced obstacles in doing so.

The National Service for Women and Gender Equality provided access to medical, legal, and psychological services for victims of sexual violence. It operated three specialized centers for victims of sexual violence in Santiago, Valparaiso, and Concepcion as well as 110 centers nationwide for victims of gender-based violence and a toll-free victims’ hotline. The National Service for Minors provided assistance and shelters for victims under the age of 18.

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

Discrimination: Although women possess most of the same legal rights as men, the government did not enforce the law effectively, and discrimination in employment, pay, ownership and management of businesses, and education persisted. Certain laws defining the marital relationship enable discrimination. The most common marital arrangement is “conjugal society,” which provides that a husband has the right to administer joint property, including his wife’s property, without consultation or written permission from his spouse, but a wife must demonstrate that her husband has granted his permission before she is permitted to make financial arrangements. Legislation remained pending years after a 2007 agreement with the Inter-American Commission on Human Rights to modify the conjugal society law to give women and men equal rights and responsibilities in marriage. The commercial code provides that, unless a woman is married under the separate-estate regime or a joint-estate regime, she may not enter into a commercial partnership agreement without permission from her husband, while a man may enter into such an agreement without permission from his wife.

Despite a law providing for equal pay for equal work, women are 37 percent less likely than men to receive an equal wage for similar work, according to an organization specializing in market and consumer data. The Ministry of Women and Gender Equality is in charge of protecting women’s legal rights and is specifically tasked with combatting discrimination against women.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents or grandparents. There were no reports that birth registration was denied on a discriminatory basis.

Child Abuse: There are laws against child abuse, but it remained a persistent problem. The law renders persons convicted of child sexual abuse permanently ineligible for any position, job, career, or profession in educational settings requiring direct and habitual contact with children younger than age 18. The law also includes a public registry of these sex offenders.

In April the government ordered the closure of the National Service for Minors (SENAME) shelter Residencia el Nido in the municipality of Hualpen. The Talcahuano prosecutor’s office opened an investigation into the former shelter director, who allegedly authorized adults to enter the residence and sexually abuse the children in exchange for money. The Talcahuano prosecutor’s office opened an investigation into other staff members at the shelter to determine their possible involvement. The National Prosecutor’s Office, Justice and Human Rights representative in the Bio-Bio Region, and National Defender for Children’s Rights initiated legal actions against the alleged perpetrators and asked the local court to relocate 23 children from the shelter.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 (16 with parental consent).

Sexual Exploitation of Children: The law prohibits all forms of human trafficking, prescribing penalties ranging from five years and one day to 15 years in prison, plus fines, for trafficking offenses. Nevertheless, child sex-trafficking cases were often prosecuted under a different law, Article 367 of the penal code, which provides lesser penalties. Due to sentencing guidelines for first-time offenders that provide automatic parole for any sentence of less than five years’ confinement, many convicted traffickers received weak and inadequate sentences, which hampered efforts to deter and hold traffickers accountable.

Sexual relations with minors between the ages of 14 and 18 may be considered statutory rape depending on the circumstances; sex with a child younger than age 14 is considered rape, regardless of consent or the victim’s gender. Penalties for statutory rape range from five to 20 years in prison. Child pornography is a crime. Penalties for producing child pornography range from 541 days to five years in prison.

Commercial sexual exploitation of children and adolescents was a problem, and children were victims of sex trafficking with and without third-party involvement. Children were also used in the production of pornography.

Institutionalized Children: SENAME continued implementing a restructuring, begun after investigations following the death of an 11-year-old child in SENAME custody in 2017 revealed systemic problems of abuse and neglect in SENAME shelters. The restructuring included closing traditional shelters for vulnerable children and replacing them with family-style residences. The first family-style residences opened in 2019 in Valparaiso and Santiago. During the year SENAME opened additional residences in Santiago, Arica, and Biobio.

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

Anti-Semitism

The Jewish community numbers approximately 18,000 persons. Jewish community leaders reported concern over the tone of social media postings they perceived as threatening. The commentary that leaders found offensive primarily referenced frustration with Israeli government policies and did not specifically mention either Jewish individuals or Chilean Jews.

In July the mayor of the city of Recoleta made anti-Semitic statements in a radio interview, alleging a “Zionist conspiracy” to control the media. Central government officials widely condemned the comments. In October during a march in Santiago by groups opposed to the drafting of a new constitution, photographs published in the media showed some groups using anti-Semitic symbols, slogans, and salutes.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. Persons with disabilities suffered forms of de facto discrimination. The law provides for universal and equal access to buildings, information, and communications. Most public buildings did not comply with legal accessibility mandates. The public transportation system, particularly outside Santiago, did not adequately provide accessibility for persons with disabilities. In recent years, however, the Metropolitan Mobility Network, the main system of public transportation within Santiago, instituted changes to improve compliance with the law, including new ramp systems and elevators at certain metro stations, as well as improved access to some buses. Nevertheless, many metro stations and most buses remained inaccessible to persons with physical disabilities.

In September Marcelo Delgado, a computer technician with disabilities, filed a complaint alleging discrimination and aggression at his former place of employment. According to Delgado, he was attacked and bullied by coworkers and faced discriminatory repercussions from the company’s human resources department after reporting the incident, leading to his firing. As of October the Labor Directorate continued to investigate the complaint.

In April a public hospital in the Puente Alto municipality of Santiago refused to release a baby to its biological father due to the father’s disability. Despite the fact the father worked and lived independently, the hospital claimed he was incapable of caring for the child and petitioned a family court to send the child to foster care. The father sued, with support of a disability rights NGO, and in November obtained custody of his child.

Members of National/Racial/Ethnic Minority Groups

Equal treatment and nondiscrimination are explicitly protected in the constitution, and the labor code specifically prohibits discrimination. There were reports of discrimination against racial minorities and immigrants in the public-health and education systems. The government implemented training programs for public officials on assisting immigrants, incorporated interpreters into offices, and provided information in languages other than Spanish, specifically Haitian Creole. Several municipal governments implemented plans for assistance to migrants in public services.

Indigenous People

Although the constitution does not specifically protect indigenous groups, indigenous peoples have the right to participate in decisions affecting their lands, cultures, and traditions, including the exploitation of energy, minerals, timber, or other natural resources on indigenous lands. Indigenous peoples, however, encountered serious obstacles to exercising these civil and political rights, including the right to use natural resources in their territories, to political participation, and to nondiscrimination and equal access to justice. While indigenous lands were demarcated, some indigenous Mapuche and Rapa Nui communities demanded restitution of privately and publicly owned traditional lands.

The law recognizes nine indigenous groups in the country and creates an administrative structure to provide specialized programs and services to promote economic, social, and cultural development of these peoples.

Indigenous persons experienced societal discrimination, including in employment; there were reports of incidents in which they were attacked and harassed. There were numerous reports of police abuse against Mapuche individuals and communities, including against children. The INDH brought petitions to protect the constitutional rights of Mapuche individuals, including children and adolescents, in cases of excessive use of force by security forces. On June 10, the INDH filed a writ of constitutional protection of the rights of the Mapuche community We Newen in Collipulli, Araucania Region, after receiving allegations from 16 community members, including seven children, regarding excessive use of force during police raids, searches without a warrant, and indiscriminate use of antiriot weapons, including tear gas and water cannons, during a 10-day period in May.

On August 18, the Ministry of Justice and Human Rights announced it had reached an agreement with imprisoned Mapuche religious leader Celestino Cordova to end a 107-day hunger strike. Cordova, who was serving an 18-year sentence for his role in a 2013 double murder, demanded he be released to house arrest for the duration of the COVID-19 pandemic. On August 13, the Supreme Court denied that request. Under the terms of the agreement, the government allowed Cordova a one-day visit to his rehue (traditional altar). The government agreed to create dedicated areas for traditional Mapuche medicinal and religious ceremonies in prisons with a significant number of indigenous prisoners. After further negotiations, groups of imprisoned Mapuches in three other prisons (totaling 26 individuals) ended their hunger strikes later in August.

The trial for the 2018 Carabineros killing of Camilo Catrillanca, a Mapuche community leader in Temucuicui in the southern Araucania Region, was postponed until October due to the COVID-19 pandemic. Seven Carabineros and one civilian employee were charged with homicide, attempted homicide, obstruction of justice, falsification of and tampering with evidence, and malfeasance.

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

Violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals continued. On August 24, the Movement for Homosexual Integration and Liberation (MOVILH), a leading gay rights NGO, reported a physical attack on a gay couple in Valparaiso by a neighbor. The couple alleged the neighbor had harassed and threatened them in the past, and they had not made a complaint due to fear of retribution. MOVILH filed a legal complaint, and as of October the case was under investigation.

In November 2019 MOVILH and the INDH filed legal actions protesting the treatment of Alberto Faundez, whom police arrested in October 2019 on suspicion of theft. Upon discovering that he was gay, police allegedly physically assaulted him in the detention center, forced him to strip naked in front of other prisoners, and subjected him to homophobic insults. An investigation was pending at year’s end.

In March, MOVILH reported it tracked 1,103 reports of violence or discrimination due to sexual orientation or gender identity during 2019, the highest number in the history of their annual report and a 58 percent increase from 2018. The cases included five deaths and 32 reports of police abuse, the majority of which occurred in the context of the 2019 social unrest. The most common discriminatory acts reported to MOVILH were verbal abuse and discrimination in public services, such as police operations, public education, and health services. In August, MOVILH published a survey showing a majority of LGBTI parents experienced discrimination in public services, with the civil registry identified as the most frequent institution where discrimination occurred, followed by social services agencies, schools, and medical care.

Antidiscrimination laws exist and prohibit discrimination based on sexual orientation or gender identity in housing, employment, and access to government services. The government generally enforced these laws effectively. A law that went into effect in December 2019 grants transgender citizens age 14 and older the right to have gender markers on government-issued identity cards and university diplomas changed to reflect their gender identity. On June 8, family courts recognized the filiation of a two-year-old boy with his nonbiological lesbian mother and ordered the civil registry to update the child’s birth certificate accordingly. The couple had a civil union agreement and underwent the assisted fertilization procedure together. The civil registry previously had never issued a birth certificate recognizing a child’s two mothers. On November 13, the government agreed to open an interagency unit to address violence against LGBTI persons, improve victims’ assistance, train public servants and police, and create antidiscrimination campaigns.

Law enforcement authorities appeared reluctant to use the full recourse of a 2012 antidiscrimination law, including charging assailants of LGBTI victims with a hate crime, which would elevate criminal penalties as permitted under the law.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, with some limitations, to form and join independent unions of their choice, bargain collectively, and conduct strikes. The law also prohibits antiunion practices and requires either back pay or reinstatement for workers fired for union activity.

Workers in the private sector and in state enterprises are provided the freedom to unionize without prior approval. Police, military personnel, and civil servants working for the judiciary are prohibited from joining unions. Union leaders are restricted from being candidates or members of congress. The Labor Directorate (DT), an independent government authority under the Ministry of Labor, has broad powers to monitor unions’ financial accounts and financial transactions. For example, unions must update their financial records daily, and ministry officials may inspect the records at any time.

The law prohibits public employees from striking, although they frequently did, including health-care workers striking for better working conditions and personal protective equipment in public hospitals amid a surge of COVID-19 patients between May and July. While employees in the private sector and workers in formal and regulated collective bargaining units have the right to strike, the law places some restrictions on this right. For example, an absolute majority of workers, rather than a majority of those voting, must approve strikes.

The law also prohibits employees of 101 private-sector companies, largely providers of services such as water and electricity, from striking, and it stipulates compulsory arbitration to resolve disputes in these companies. In addition workers employed by companies or corporations whose stoppage would cause serious damage to the health, economy, or security of the country do not have the right to strike.

Employers may not dismiss or replace employees involved in a strike. Unions must provide emergency personnel to fulfill the company’s “minimum services.” Those include the protection of tangible assets and of the company’s facilities, accident prevention, servicing the population’s basic needs, ensuring the supply of essential public services, and ensuring the prevention of environmental and sanitary damages.

The law extends unions’ rights to information, requiring large companies to disclose annual reports including balance sheets, statements of earnings, and audited financial statements. Large companies must provide any public information required by the Superintendence of Securities and Insurance within 30 days following the date when the information becomes available. Smaller companies must provide information necessary for the purposes of preparing the collective bargaining process.

While the law prior to the 2017 labor reform provided for collective bargaining rights only at the company level, the reform extended such rights to intercompany unions, provided they represent workers at employers having 50 or more employees and falling within the same economic rubric or activity. An absolute majority of all covered workers must indicate through secret ballot vote that they agree to be represented by an intercompany union in collective bargaining. Intercompany unions for workers at micro or small businesses (i.e., with fewer than 50 workers) are permitted to bargain collectively only when the individual employers all agree to negotiate under such terms. The law does not provide for collective bargaining rights for workers in public institutions or in a private institution that receives more than 50 percent of its funding from the state in either of the preceding two years, or whose budget is dependent upon the Defense Ministry. It also does not provide for collective bargaining in companies whose employees are prohibited from striking, such as in health care, law enforcement, and public utilities. Whereas the previous labor code excluded collective bargaining rights for temporary workers or those employed solely for specific tasks, such as in agriculture, construction, ports, or the arts and entertainment sector, the revised labor standards eliminate these exclusions, extending bargaining rights to apprentices and short-term employees. Executives, such as managers and assistant managers, are prohibited from collective bargaining.

The government effectively enforced applicable laws, and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Nevertheless, the DT commented on the need for more inspectors. Penalties were not sufficient to deter violations. Companies are generally subject to sanctions for violations to the labor code, according to the severity of each case. Companies may receive “special sanctions” for infractions, which include antiunion practices. NGOs reported cases in labor tribunals took an average of three months to resolve. Cases involving fundamental rights of the worker often took closer to six months. NGOs continued to report it was difficult for courts to sanction companies and order remedies in favor of workers for various reasons, including if a company’s assets were in a different name or the juridical entity could not be located.

Freedom of association was generally respected. Employers sometimes did not respect the right to collective bargaining. NGOs and unions reported that companies sought to inhibit the formation of unions and avoid triggering collective bargaining rights, especially among seasonal agricultural workers and in key export sectors such as mining, forestry, and fishing, by using subcontracts and temporary contracts as well as obtaining several fiscal registration or tax identification numbers when increasing the size of the workforce. In addition subcontracted employees earned lower wages than regular employees performing the same task, and many contractors failed to provide formal employment benefits, such as social security, health care, and pensions.

Labor courts may require workers to resume work upon a determination that a strike, by its nature, timing, or duration, causes serious risk to the national economy or to health, national security, and the supply of goods or services to the population. Generally, a back-to-work order should apply only when a prolonged strike in a vital sector of the economy might endanger public safety or health, and it should apply only to a specific category of workers. In March labor court proceedings were temporarily suspended due to the COVID-19 pandemic, until safety protocols were put in place allowing remote hearings.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor. The government generally enforced the law effectively. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. NGOs reported many government officials responsible for identifying and assisting victims had limited resources and expertise to identify victims of labor trafficking. In addition judges often suspended or commuted sentences. The government worked to prevent and combat forced labor through its interagency antitrafficking taskforce, which included international organizations and local NGOs. The task force published and began implementation of the 2019-22 national action plan.

Labor trafficking continued to occur. Some foreign citizens were subjected to forced labor in the mining, domestic service, and hospitality sectors. Some children were forcibly employed in the agriculture, industry, and services sectors, as well as drug trade (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The country conforms to international standards, which dictate the minimum age for employment or work should be no less than 15. The law sets the minimum age for employment at 18, although it provides that children between 15 and 18 may work with the express permission of their parents or guardians as long as they attend school. They may perform only light work that does not require hard physical labor or constitute a threat to health or the child’s development. The law prohibits all of the worst forms of child labor.

Ministry of Labor inspectors effectively enforced regulations in the formal economy but did not inspect or enforce such regulations in the informal economy. Infractions included contracting a minor younger than age 18 without the authorization of the minor’s legal representative, failure to register a minor’s contract with the ministry, and contracting a minor younger than 15 for activities not permitted by law. Penalties were commensurate with those for analogous serious crimes, such as kidnapping.

The government devoted considerable resources and oversight to child labor policies. The Ministry of Labor and Social Welfare, through the Program Against Child Labor, led efforts to fulfill obligations of the Convention on the Rights of the Child to eradicate the worst forms of child labor. Since 2014 the ministry’s efforts focused on designing and implementing the National Strategy for the Prevention and Eradication of Child Labor and the Protection of Adolescent Workers 2015-25.

In September the Committee for the Eradication of Child Labor of the Aysen Region held a virtual workshop for staff from the Rights Protection Offices with the participation of the six teams existing in the region: Rio Ibanez, Cochrane, Chile Chico, Coyhaique, Aysen, and Cisnes. The workshop led by the Regional Ministerial Secretariat of Labor and Social Welfare and the INDH focused on the consequences produced by the COVID-19 pandemic on child labor in the southern region.

Multisector government agencies continued to participate in the National Advisory Committee to Eradicate Child Labor. The committee met regularly throughout the year and brought together civil society organizations and government agencies in a coordinated effort to raise awareness, provide services to victims, and protect victims’ rights. The Worst Forms of Child Labor Task Force, a separate entity, maintained a registry of cases and a multisector protocol for the identification, registration, and care of children and adolescents who are victims of commercial sexual exploitation. The National Tourism Service’s hotel certification procedures, developed in collaboration with the National Service for Minors, included strict norms for preventing the commercial sexual exploitation of children. This included special training for National Tourism Service staff charged with assessing and certifying hotels.

Child labor continued to be a problem in the informal economy and agriculture, primarily in rural areas. Higher numbers of violations occurred in the construction, industrial manufacturing, hotels and restaurants, and agriculture sectors.

In urban areas it was common to find boys carrying loads in agricultural loading docks and assisting in construction activities, while girls sold goods on the streets and worked