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Angola

Executive Summary

Angola is a constitutional republic. In August 2017 the ruling Popular Movement for the Liberation of Angola party won presidential and legislative elections with 61 percent of the vote. The ruling party’s presidential candidate Joao Lourenco took the oath of office for a five-year term in September 2017, and the party retained a supermajority in the National Assembly. Domestic and international observers reported polling throughout the country was peaceful and generally credible, although the ruling party enjoyed advantages due to state control of major media and other resources. The Constitutional Court rejected opposition parties’ legal petitions alleging irregularities during the provincial-level vote count and a lack of transparent decision making by the National Electoral Commission.

The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The Criminal Investigation Services, also under the Ministry of Interior, are responsible for preventing and investigating domestic crimes. The Expatriate and Migration Services and the Border Guard Police within the Ministry of Interior are responsible for law enforcement relating to migration. The state intelligence and security service reports to the presidency and investigates state security matters. The Angolan Armed Forces are responsible for external security but also have domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against groups like the Front for the Liberation of the Enclave of Cabinda separatists in Cabinda. Civilian authorities maintained effective control over the Angolan Armed Forces and the national police, and the government has mechanisms to investigate and punish abuse and corruption. The security forces generally were effective, although sometimes brutal, at maintaining stability. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by government security forces; cases of cruel, inhuman, or degrading treatment or punishment by government security forces; harsh and life-threatening prison conditions; arbitrary detention; political prisoners or detainees; serious restrictions on free expression and the press, including violence, threats of violence or unjustified arrests against journalists and criminal libel laws; serious acts of corruption; lack of investigation of and accountability for violence against women; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex persons.

The government took significant steps to prosecute or punish officials who committed abuses. It also dismissed and prosecuted cabinet ministers, provincial governors, senior military officers, and other officials for corruption and financial crimes. Nevertheless, accountability for human rights abuses was limited due to a lack of checks and balances, lack of institutional capacity, a culture of impunity, and government corruption. Security forces sometimes used excessive force when enforcing restrictions to address the COVID-19 pandemic. The government has held security forces accountable for these abuses in several cases.

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

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

The government or its agents committed arbitrary or unlawful killings. The national police and Angolan Armed Forces (FAA) have internal mechanisms to investigate security force abuses, and the government provided some training to reform the security forces.

Several killings occurred after the government enacted measures to combat COVID-19, referred to by presidential decree as the “state of emergency” in May and “state of calamity” in June, which required police and the armed forces to guarantee compliance with measures including wearing masks, physical distancing, and restrictions on citizens’ movements. Credible reports between May and July documented that security forces killed at least seven persons while enforcing COVID-19 restrictions.

On August 22, a team of police officers and Angolan army soldiers approached a group of young men in Zango 3, in the Viana municipality of the capital of Luanda, for failure to wear masks. One of the young men tried to escape to his home 30 feet away, and a soldier shot him in the back and killed him. According to the Luanda Provincial Command, the Criminal Investigation Service and the Military Judiciary detained the soldier and summoned the team to provide testimony regarding the shooting.

On September 1, pediatric doctor Silvio Dala died while in police custody after his arrest for driving his car without wearing a face mask. According to police, Dala was driving alone when stopped by police and taken to a police station where he fainted and hit his head. Police stated the trauma from the fall caused extensive bleeding and Dala died en route to the hospital. The autopsy concluded that Dala died of natural causes.

Police declared Dala was arrested because he violated the requirement to wear a face mask inside vehicles and because the police wanted to ensure Dala would pay a token fine at the site of his arrest. The Angolan Medical Union, several members of parliament, and numerous social media postings objected to the official police version of Dala’s death. The subsequent public outcry after Dala’s death contributed to the government ending the requirement to wear face masks inside vehicles when the driver is alone.

On November 11, during a protest in Luanda to demand better living conditions and local elections, Inocencio de Matos, age 26, was killed when police attempted to disperse demonstrators. Police took him to the hospital where he was treated by a medical team but subsequently died. Witnesses said that police shot and killed him. According to the autopsy report, he died of “physical aggression with a nonspecified object.”

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 and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions.

Periodic reports continued of beatings and other abuses both on the way to and inside police stations during interrogations. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender (Ombudsman).

Several reports indicated that police used excessive force to enforce the state of emergency implemented to combat COVID-19. On March 30, a video shared widely on social media showed police beating several men with nightsticks while the men laid prostrate on the ground inside a police station.

On October 24, a peaceful demonstration against the government demanding employment and local elections was violently repressed with several persons injured, 103 persons detained on charges of disobedience, and unsubstantiated reports of two persons killed. According to one human rights lawyer, Salvador Freire, some of the detainees, in particular the organizers of the demonstration, were subjected to harsh and violent treatment while in custody.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to overcrowding, a lack of medical care, corruption, and violence.

Physical Conditions: The director of the Institutional and Press Communication Office of the Ministry of Interior, Waldemar Jose, said the country’s 40 prisons are overcrowded. Prisons have a total capacity for 21,000 inmates but hold more than 26,000 inmates, with half of those inmates held in pretrial detention. Jose said the prison system holds an excessive number of prisoners in pretrial detention due to a backlog of criminal cases in the court system.

Authorities frequently held pretrial detainees with sentenced inmates. Authorities also held short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons. Inmates who were unable to pay court-ordered fines remained in prison after completing their sentence or while awaiting release warrants issued by higher courts. Many prisoners were held in pretrial detention longer than permitted under law, which ranges from four to 14 months depending on the severity and complexity of the alleged crime.

On June 23, a sub-attorney general said that in Malanje province, many criminal files sit on judges’ desks awaiting a court hearing, while higher court judges delay issuing a release warrant, leading to overcrowding in local prisons.

The director of Luzia jail in Saurimo in Lunda Sul province, said the jail held two inmates in pretrial detention for more than five years. The jail also held many prisoners who had served their sentence and awaited a release warrant.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and had better rehabilitation, training, and reintegration services. There were no reports of cases of deaths in prisons related to the physical conditions of jails. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local nongovernmental organizations (NGOs) stated prison services were insufficient.

One human rights lawyer described the conditions at the Cabinda civil jail, where three of his constituents are in pretrial detention, as terrible. He said prisoners had no potable water for drinking or bathing; prisoners defecated in the same location where they ate; eight inmates shared a single cell, and others were obliged to sleep in the corridors. There was no social distancing to prevent the spread of COVID-19.

Administration: The government investigated and monitored prison and detention center conditions. Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom, but it was unclear how prevalent this practice was.

Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons by impeding their ability to enter the prisons.

Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. According to the Ministry of Justice and Human Rights, ministry representatives made monthly visits to detention centers with representatives of the Office of the Public Defender, the Attorney General’s Office (PGR), and members of the National Assembly to assess prisoners’ living conditions. Members of the National Assembly conducted independent visits to prisons. On February 27, parliamentarians visited the Peu-Peu jail in Cunene province.

Improvements: Following the “state of emergency” for COVID-19 that took effect on March 27, the PGR released approximately 1,000 detainees held in pretrial detention who did not present a danger to the community. The PGR said the release was conducted to improve prison conditions that had deteriorated due to the overcrowding of inmates in the prison system.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions. The constitution provides the right of habeas corpus to citizens to challenge their detention before a court.

According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, although the constitution protects the right to protest. While they often released detainees after a few hours, police at times charged them with crimes.

Arrest Procedures and Treatment of Detainees

The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.

By law, prosecutors must inform detainees of the legal basis for their detention within 48 hours. NGO sources reported authorities often did not respect the law. If prosecutors are unable to determine whether there is a legal basis for the detention within 48 hours, prosecutors have the authority to release the person from detention. Depending on the seriousness of the case, prosecutors may require the detained person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.

If prosecutors determine a legal basis exists for the detention, a detained person may be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the case. Cases of special complexity regarding crimes for which conviction is punishable by eight or more years allow for pretrial detention without charge for up to six months, and up to 14 months before a judge is required to rule on the case. By law the period of pretrial detention counts as time served in fulfillment of a sentence of imprisonment.

The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro bono basis. The lack of lawyers in certain provinces at times impeded the right to a lawyer. There was an insufficient number to handle the volume of criminal cases, and the geographical distribution of lawyers was a problem, since most lawyers were concentrated in Luanda. Lawyers and NGOs noted that even in Luanda, most poor defendants did not have access to lawyers during their first appearance before a judicial authority or during their trial. When a lawyer is unavailable, a judge may appoint a clerk of the court to represent the defendant, but clerks of the court often lacked the necessary training to provide an adequate defense.

A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.

The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law requires detainees be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.

On March 27, prison authorities suspended all visits to detainees and inmates due to the “state of emergency” for COVID-19. Prison officials allowed lawyers to visit clients and allowed relatives to receive information about family members in custody. The suspension of visits continued through May 25 when the subsequent “state of calamity” entered into force. Presidential Decree 142/20 published on May 25 provided that visits to inmates were allowed on June 29, July 13, and July 27 for separate classes of inmates. Subsequent updates to the “state of calamity” on July 7, August 9, and September 9 did not mention visits to prisons. As of December there were no additional provisions that allowed families to visit their relatives in prison.

The wife of an inmate in the Kakila prison said that since the “state of emergency” began she could no longer visit or contact her husband and that she was only able to leave food at the front gate of the jail to be delivered to her husband. She said prisoners at Kakila jail lacked running water for more than one month.

Arbitrary Arrest: During the year there were instances in which security forces reacted violently to public demonstrations against the government. The visible presence of security forces was enough to deter significantly what the government deemed unlawful demonstrations. Government authorities claimed known agitators, who sought to create social instability, organized many of the public demonstrations.

On August 5, in the Dande municipality of Bengo province, police arrested four activists (Domingos Periquito, Domingos Jaime, Gomes Hata, and Manuel Lima) who attempted to organize a protest against the lack of potable water. Domingos Jaime, a rapper known as Jaime MC, was hit by a police vehicle and later taken to the hospital. Police charged the activists for failure to wear face masks, but a judge dismissed the charges. Following the dismissal, Criminal Investigation Services returned the activists to the police who filed new charges for disobedience to authorities. The activists were convicted and given a one month suspended sentence converted to a fine. The activists had no money to pay the fine and remained in police custody until they were able to collect the fine amount.

On October 24, 103 persons were arrested in Luanda during a peaceful demonstration demanding improved employment conditions and local elections. Among those detained were persons from the surrounding area who were forcibly taken into custody without having participated in the demonstration. Of the 103 persons detained, six were released before trial, 26 were acquitted, and 71 were convicted of disobedience and fined.

Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases authorities held inmates in prison for up to five years in pretrial detention. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime.

e. Denial of Fair Public Trial

The constitution and law provide for an independent and impartial judiciary. The judicial system was effected by institutional weaknesses including political influence in the decision-making process. The Ministry of Justice and Human Rights and the PGR worked to improve the independence of prosecutors and judges. The National Institute for Judicial Studies conducted capacity-building programs to foster the independence of the judicial system.

There were long trial delays at the Supreme Court, in part because the court remained the only appellate court in the country. A 2015 law established another level of appellate courts to reduce delays. Two of these courts were inaugurated in Benguela and Lubango but were not operating at year’s end. Criminal courts also had a large backlog of cases that resulted in major delays in hearings.

Informal courts remained the principal institutions through which citizens resolved civil conflicts in rural areas, such as disputes over a bartering deal. Each community in which informal courts were located established local rules, creating disparities in how similar cases were resolved from one community to the next. Traditional community leaders (known as sobas) also heard and decided local civil cases. Sobas do not have the authority to resolve criminal cases, which only courts may hear.

Both the national police and the FAA have internal court systems that generally remained closed to outside scrutiny. Although members of these organizations may be tried under their internal regulations, cases that include violations of criminal or civil laws may also fall under the jurisdiction of provincial courts. Both the PGR and the Ministry of Justice and Human Rights have civilian oversight responsibilities over military courts.

Trial Procedures

Although the law provides all citizens the right to a fair trial, authorities did not always respect this right. Defendants enjoy the right to a presumption of innocence until proven guilty. Authorities must inform defendants of the charges levied against them in detail within 48 hours of their detention. Defendants have the right to free language interpretation during all legal proceedings, from the moment of being charged through the close of all appeals.

In July the National Assembly unanimously approved a new procedural penal code to clarify the roles of each party in the judicial process, introduce rules that speed up judicial processes, and provide new procedural rules for both claimants and defendants.

By law trials are usually public, although each court has the right to close proceedings. Defendants have the right to be present and consult with an attorney, either chosen by them or appointed by the state, in a timely manner. According to the Ministry of Justice and Human Rights all public defenders are licensed lawyers. Defendants do not have the right to confront their accusers. They may question witnesses against them and present witnesses and evidence on their own behalf. Defendants have the right to sufficient time and facilities to prepare a defense. The law protects defendants from providing self-incriminating testimony. Individuals have the right to appeal their convictions. Authorities did not always respect these trial procedure rights.

A separate juvenile court hears cases of minors between the ages of 12 and 16 accused of committing a criminal offense. Minors older than 16 accused of committing a criminal offense are tried in regular courts. In many rural municipalities, there is no provision for juvenile courts, so offenders as young as 12 may be tried as adults. In many cases traditional leaders have state authority to resolve disputes and determine punishments for civil offenses, including offenses committed by juveniles. The constitution defines traditional authorities as ad hoc units of the state.

The president appoints Supreme Court justices for life terms without confirmation by the National Assembly. The Supreme Court generally hears cases concerning alleged political and security crimes.

Political Prisoners and Detainees

In Cabinda province authorities detained three activists of the Cabinda Independence Union on June 28 and 29. Authorities detained Mauricio Gimbi, Andre Bonzela, and Joao Mampuela and accused the men of carrying pamphlets with the slogans, “Down to arms, down to the war in Cabinda”; “Cabinda is not Angola”; and “We want to talk”. The men appeared before a government attorney on June 30 who ordered their pretrial detention. Authorities subsequently charged the men with rebellion and criminal association.

The lawyer for the men, Arao Tempo, appealed the pretrial detention. On August 21, the Provincial Court of Cabinda decided to hold Gimbi and Mampuela in pretrial detention and release Bonzela pending the payment of a substantial fine. Tempo said the fine would be an impossible sum to pay due to the poor social and economic conditions of the Cabindan people. The three activists remained in jail. On November 15, human rights lawyer and head of the pro bono organization Associacao Maos Livres, demanded their release.

Civil Judicial Procedures and Remedies

Damages for human rights abuses may be sought in provincial courts and appealed to the Supreme Court. During the year the National Assembly approved a new procedural penal code that allowed victims of human rights abuses to seek compensation from the state. The rules provide that the state must compensate victims who are illegally detained or arrested, are under excessively long pretrial detention, are not released in due time against a legal provision or a court decision, or are victim of a gross judicial error. Public agents responsible for actions that abuse human rights should in turn compensate the state.

SOS Habitat brought a lawsuit alleging that the government failed to comply with a judicial decision to compensate a victim of an unlawful killing. The NGO sued on behalf of the family of Rufino Antonio, age 14, who was killed by soldiers in August 2016 while protesting against the demolition of a neighborhood in the Zango area of Luanda province. The Luanda Military Court sentenced four soldiers to prison terms ranging between one and 18 years in prison, and ordered each soldier to pay a compensation fee to Rufino’s family of 1,000,000 kwanzas ($1,740). The family has not received the payments from the government or the convicted soldiers.

Property Restitution

The constitution recognizes the right to housing and quality of life, and the law states that persons relocated should receive fair compensation. The constitution recognizes the right to private property and establishes that the state protects the property rights of all citizens, including of local communities, only allowing expropriation for reasons of public use. The constitution also provides that all untitled land belongs to the state, with no exceptions for pastoralists or traditional societies.

In the municipality of Quipungo in Huila province, farmers and herders of the Kakoi-Mangango community said their land was taken by the communal administrator of Cainda without notice and given to farmer Fernando Abilio Lumbamba. The local farmers tried to protest to the municipal authorities but were threatened with arrest by the communal administrator, who said the land in question belonged to the state. One local NGO wrote a letter on behalf of the local farmers to the Huila governor Luis Nunes denouncing the expropriation of the land.

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

The constitution and law prohibit the arbitrary or unlawful interference of privacy, family, home, or correspondence, but the government did not always respect these prohibitions. Civil organizations and politically active individuals, including government critics, members of opposition parties, and journalists, complained that the government maintained surveillance of their activities and membership. These groups also frequently complained of threats and harassment based on their affiliations with groups that were purportedly or explicitly antigovernment.

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. State media continued to be the primary source for news and generally reflected a progovernment view. Individuals were increasingly able to use private media and social media platforms to openly criticize government policies and practices.

Freedom of Speech: Individuals reported practicing self-censorship but generally were able to criticize government policies without fear of direct reprisal. Social media was widely used in the larger cities and provided an open forum for discussion.

Freedom of Press and Media, Including Online Media: Private television, radio, and print media operated in the country, although coverage continued to be more extensive in Luanda and in provincial capitals, including Benguela, Huambo, and Lubango, than in the rest of the country.

Online media outlets increased their number of viewers. Private media criticized the government openly. In July and August following the results of an ongoing corruption investigation into the owners of two major private media groups, the state seized two major private media groups and transferred them to state control.

Several important private media outlets returned to state control after a state corruption investigation concluded that the outlets had been illegally funded with public funds through individuals with strong ties to former president Eduardo dos Santos. On July 31, the PGR’s National Service on Assets Recovery seized the Media Nova Group that owned TV Zimbo, Radio Mais, and the newspaper O Pais and returned the outlets to state control. On August 28, the Interative, Empreendimentos e Multimedia group that owned TV Palanca and Radio Global was also seized by the state. On September 4, the government announced that TV Palanca would become a specialized sports channel.

Journalists and opposition parties said the seizure of the media outlets was worrying and would limit independent journalism leading up to national elections in 2022. The government argued that the seized companies were in poor economic shape and needed to be restructured before offering the companies for sale to investors under the government’s privatization program.

Transmission licenses are granted by the minister of telecommunication, technology, and social communication. Journalists criticized the cost of licenses and said high costs impeded media pluralism and the emergence of new players. The base license to operate a television station is $1.4 million, while a radio license costs $136,000. Journalists also criticized the opacity of the process used by the government to grant transmission licenses.

Journalists routinely complained of lack of transparency and communication from government press offices and other government officials.

The president appoints the leadership of all major state-owned media outlets, and state control of these outlets often led to one-sided reporting. State news outlets, including Angolan Public Television (TPA), Radio Nacional, and the Jornal de Angola newspaper, favored the ruling party but increased coverage of opposition political parties’ perspectives, as well as of social problems reflecting poor governance. TPA broadcasted plenary sessions of the National Assembly live, including interventions by opposition parties. TPA also invited opposition politicians and civil society members to comment live on stories featured on nightly newscasts, but private stations were prohibited from filming parliament. Opposition parties also received less overall coverage on state media than the ruling Popular Movement for the Liberation of Angola (MPLA) party, and it was often difficult to distinguish between communications of the government and those of the ruling party.

Violence and Harassment: Journalists reported more incidents of violence or harassment compared with the previous year.

On January 23, police arrested two journalists from the Portuguese news agency Lusa near the National Assembly in Luanda. The journalists were covering a protest that demanded local elections in all municipalities of the country. Police said the protest was illegal and journalists were not allowed to cover the protest. Police detained 10 additional protesters. After their arrest the two Lusa journalists were taken to the fourth precinct police station, transferred to the second precinct police station, and then released after one hour with no further explanation. Lusa delivered a formal protest to the government after the release of the journalists.

On February 19, police assaulted two journalists from TV Palanca who were covering a protest against the inauguration of the new president of the National Electoral Commission at the National Assembly. Journalist Jose Kiabolo said five police officers beat him and his cameraman and destroyed their video camera.

During an October 24 demonstration in Luanda, six journalists were detained while covering the protest. Two journalists from TV Zimbo were released after being forced to delete all footage of the demonstration. Four journalists from Radio Essencial and Valor Economico remained in custody for more than 50 hours without any charges. Two journalists from Agence France-Press claimed they were beaten by police and were ordered to carry a special permit to cover the protest. Later that week, President Joao Lourenco criticized the arrests of the journalists and stated it was not a situation he wished to be repeated.

Censorship or Content Restrictions: The Regulatory Entity for Social Communication (ERCA) is a regulatory body comprised of 11 counselors designated by political parties represented in the parliament, the government, and journalists. ERCA aims to safeguard press freedom and lawful media activity and issues regulations and decisions on those issues. Journalists and opposition political parties criticized ERCA for being controlled by the MPLA ruling party and for issuing regulations that favored the government.

The Ethics and Credentialing Commission (ECC) is a body exclusively comprised of journalists that is authorized to license and delicense journalists. The ECC remained largely inactive due to the lack of funds allocated to ECC operations in the 2020 National Budget. In July the Ministry of Telecommunications, Technology, and Social Communication launched an office to support ECC operations and stated the credentialing of journalists would begin in October.

Journalists reported practicing self-censorship for political and financial reasons.

The minister of social communication, the spokesperson of the presidency, and the national director of information maintained significant decision-making authority over media. It was commonly understood these individuals actively vetted news stories in the state-controlled print, television, and radio media and exercised considerable authority over some privately owned outlets. State-controlled media rarely published or broadcast stories critical of the ruling party, government officials, or government policies. Coverage critical of the previous government of Jose Eduardo dos Santos and of senior-level officials who had been dismissed on allegations of corruption increased significantly during the year.

The newspaper Novo Jornal reported that well-known singer Dog Murras, known as an open critic of the government, was hired by TV Zimbo to host a daily show on societal issues called Angola Speak Out. (Novo Jornal and TV Zimbo were owned by the same parent company.) The report said that TV Zimbo shareholders were warned before Murras’s first show that his presence could bring negative consequences to their business. TV Zimbo broke the contract with Murras and withdrew promotional videos for the show released on April 11.

On August 30, two days after the PGR’s National Service on Assets Recovery seized TV Palanca, the show Angola Urgent, which discussed societal issues, left the airwaves. On September 4, the government announced that TV Palanca would become a specialized sports channel. Following the seizure, several of the seized outlets, including TV Zimbo and Novo Jornal, continued to feature articles critical of the government.

Libel/Slander Laws: Defamation is a crime punishable by imprisonment or a fine. Unlike cases in which defendants are presumed innocent until proven guilty, defendants in defamation cases have the burden of proving their innocence by providing evidence of the validity of the allegedly damaging material.

Several journalists in print media, radio, and political blogs faced libel and defamation lawsuits. Journalists complained the government used libel laws to limit their ability to report on corruption and nepotistic practices, while the government assessed that some journalists abused their positions and published inaccurate stories regarding government officials without verifying the facts or providing the accused with the right of reply.

Internet Freedom

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

Academic Freedom and Cultural Events

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

Freedom of Peaceful Assembly

The constitution and law provide for the right of peaceful assembly, and the government sometimes respected this right.

The law requires written notification to the local administrator and police three days before public assemblies are to be held. The law does not require government permission to hold public assemblies, but it permits authorities to restrict or stop assemblies in public spaces within 109 yards of public, military, detention, diplomatic, or consular buildings for security reasons. The law also requires public assemblies to start after 7 p.m. on weekdays and 1 p.m. on Saturdays.

Several civil rights groups challenged the 1991 law on freedom of assembly by holding unannounced protests. The groups said the law restricts the fundamental right to assembly granted by the 2010 constitution and refused to inform the authorities in advance about the time and location of protests and public assemblies.

The number of antigovernment protests increased and the government at times prohibited events based on perceived or claimed security considerations. Police and administrators did not interfere with progovernment gatherings. Politically unaffiliated groups intending to criticize the government or government leaders often encountered the presence of police who prevented them from holding their event or limited their march route. In such cases, authorities claimed the timing or venue requested was problematic or that proper authorities had not received notification.

On January 19, a protest against the inauguration of the new president of the National Electoral Commission at the National Assembly resulted in police violence and the detention of more than 30 protesters. The provincial command of the Angolan National Police said the protesters acted violently and organized an illegal protest without the proper legal procedures. Police also detained two journalists from TV Palanca.

At the Luanda October 24 protest (see section 2.a., Violence and Harassment), police also arrested 97 protesters and six journalists. A total of 71 protesters received a suspended one-month prison sentence for rioting and disobedience and 26 protesters were acquitted. All six journalists were released, and President Lourenco rebuked their arrest. The government stated the protest was unauthorized and that when police tried to disperse the protest, some protestors threw stones and erected road blocks.

Freedom of Association

The constitution and law provide for the right of association, but the government did not always respect this right. Extensive delays in the NGO registration process continued to be a problem. NGOs that had not yet received registration were allowed to operate. At times, the government arbitrarily restricted the activities of associations it considered subversive by refusing to grant permits for projects and other activities. Authorities generally permitted opposition parties to organize and hold meetings.

A 2012 law and a 2002 presidential decree regulated NGOs. Despite civil society complaints that requirements were vague, the Ministry of Justice and Human Rights actively provided information on registration requirements.

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 and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. The government at times restricted these rights.

In-country Movement: Document checkpoints in domestic airports and on roads throughout the country were common. Reports by local NGOs suggested that, in spite of an incremental drop in cases, some police officers continued to extort money from civilians at checkpoints and during regular traffic stops. Reports from the diamond-mining provinces of Lunda Norte and Lunda Sul indicated some government agents restricted the movements of local communities.

e. Status and Treatment of Internally Displaced Persons

Not Applicable.

f. Protection of Refugees

The government generally 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, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: There were reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants and refugees to return to the Democratic Republic of the Congo (DRC). The government failed to provide adequate protection for asylum seekers and urban refugees in this area.

In May illegal immigrants at a Luanda migrant detention facility posted video footage to social media platforms complaining about their lengthy detention, the facility’s substandard conditions, and their heightened risk of COVID-19 infection due to the facility’s tight quarters. The footage depicted the accommodations and complained about a shortage of food, water, hygiene supplies, and face masks, which are required by Ministry of Health officials when physical distancing is not feasible.

In response, UN agencies and diplomatic missions engaged Ministry of Interior officials, who denied the detainees’ claims but did not provide access to the facility. Government officials said the detainees used the pandemic as a pretext to secure their release and broadcasted a video presentation countering the complaints with footage of spacious facilities and interviews with detainees and community leaders praising the accommodations. Subsequently, most of the detainees were released on a temporary order and were expected to be required to report to Immigration Services until their situations are resolved.

In 2018 security forces launched Operation Rescue, a nationwide law enforcement campaign to address violent crime, illegal migration, unlicensed commercial and religious activity, and road accidents. The campaign affected both legal and undocumented migrants, refugees, and stateless persons who rely on the informal markets to make a living, as job opportunities were limited and the law prohibits refugees from operating businesses. One NGO said the Operation Rescue has not ended and the problems associated with the operation continue.

Under the law authorities issued refugee cards with a five-year validity period. UN agencies advised that the refugee cards expired in July since the government never renewed the cards. The Minister of Interior told UN officials that the government would begin to fully implement the law when COVID-19 restrictions are lifted.

Access to Asylum: The law provides for the granting of asylum or refugee status but the government has not fully implemented the law. The law provides specific procedures for the submission of an asylum application and guidance on the determination of asylum and refugee cases. UNHCR and several NGOs, however, reported that asylum seekers and urban refugees did not have a mechanism to apply for or resolve their status. A 2015 law changed the role of the Committee for the Recognition of the Right to Asylum, the prior implementing mechanism to identify, verify, and legalize asylum seekers, to that of an advisory board. The government had not put into practice an alternative mechanism to adjudicate asylum and refugee cases in the committee’s place. The law also authorized the creation of reception centers for refugees and asylum seekers where they were to receive assistance until the government makes a decision on their cases, but the government had not yet established these centers.

Freedom of Movement: UNHCR, NGOs, and refugees reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated or destroyed their registration documents during periodic roundups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte province, and cited such restrictions as a factor motivating them to return to the DRC.

Employment: Formal restrictions on a refugee’s ability to seek employment existed. Regulation 273/13 restricted refugees from obtaining the business license required to own and operate a business. Refugees often faced difficulty obtaining employment due to their inability to obtain legal documents required to work in the formal sector. Refugees reported a general lack of acceptance of the refugee card and lack of knowledge concerning the rights it was intended to safeguard. Authorities continued to harass asylum seekers and refugees working in the informal market.

Access to Basic Services: Persons with recognized refugee status could at times obtain public services. The government has not implemented key elements of the 2015 asylum law, which included refugee and asylum seekers’ access to basic services and issuance of documents, including new or renewed refugee cards and birth certificates for refugees’ children born in the country. UNHCR, NGOs, and refugees, however, reported that urban refugees in particular were unable to obtain legal documents following passage of the asylum law and at times faced difficulty accessing public services such as health care and education. Corruption by officials compounded these difficulties.

Durable Solutions: In January and February the government cooperated with UNHCR and supported an organized voluntary repatriation of 2,912 refugees from Lunda Norte to the DRC. UNHCR estimated that 6,381 refugees remained at its Lovua, Lunda Norte, resettlement camp.

g. Stateless Persons

There is no study or census related to the number of stateless persons in the country. The government estimated that there are more than 12 million unregistered citizens in the country. Children of undocumented foreign parents born in the country may fall into a stateless status if the parents are unable to register them.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide 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 2017 the government held presidential and legislative elections, which the ruling MPLA won with 61 percent of the vote and the country inaugurated MPLA party candidate Joao Lourenco as its third president since independence. The MPLA retained its 68 percent supermajority in the National Assembly in the 2017 elections; however, opposition parties increased their representation by winning 32 percent of parliamentary seats, up from 20 percent in the 2012 elections.

Domestic and international observers reported polling throughout the country was peaceful and generally credible, although the ruling party enjoyed advantages due to state control of major media and other resources. Opposition parties complained to the Constitutional Court about aspects of the electoral process, including the National Electoral Commission’s lack of transparent decision making on key election procedures and perceived irregularities during the provincial-level vote count.

The central government appoints provincial governors. The constitution does not specify a timeline for implementing municipal-level elections. In 2018 the administration of President Lourenco promised municipal-level elections would take place by 2022. The government declared municipal elections would not take place in 2020 because the government had not completed the electoral laws needed to prepare for the elections. The government also stated that COVID-19 had hindered the preparations needed to implement municipal elections. Opposition parties and civil society criticized the government for failing to provide a prospective date when municipal elections were expected to occur.

Political Parties and Political Participation: The ruling MPLA party dominated all political institutions. Political power was concentrated in the presidency and the Council of Ministers, through which the president exercised executive power. The council may enact laws, decrees, and resolutions, assuming most functions normally associated with the legislative branch. The National Assembly consists of 220 deputies elected under a party list proportional representation system. The National Assembly has the authority to draft, debate, and pass legislation, but the executive branch often proposed and drafted legislation for the assembly’s approval. The MPLA retained its 68 percent supermajority in the National Assembly in the 2017 elections; however, opposition parties increased their representation by winning 32 percent of parliamentary seats, up from 20 percent in the 2012 elections.

Political parties must be represented in all 18 provinces, but only the MPLA, UNITA, and the Broad Convergence for the Salvation of Angola Electoral Coalition (CASA-CE), to a lesser extent, had truly national constituencies. By law no political party may limit party membership based on ethnicity, race, or gender.

On August 27, the Constitutional Court denied the request by CASA-CE founder Abel Chivukuvuku to form the Angolan Renaissance Party. Chivukuvuku accused the ruling MPLA party of repression and political interference in the court’s decision.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. Of the 220 deputies in the national assembly, 65 or 30 percent were women, up from 27 percent for the last three years. Four of 18, or 22 percent, of provincial governors were women which is double the number from both 2018 and 2019, and seven of 21, or 33 percent, of cabinet ministers were women, down from 37.5 percent in 2018 and 2019. Some observers believed traditional and cultural factors prevented women from participating in political life to the same extent as men. The country has multiple linguistic groups, many of which were represented in government.

Section 4. Corruption and Lack of Transparency in Government

On January 27, a new law on prevention and combatting of money laundering, financing of terrorism and proliferation of weapons of mass destruction was published. A new penal code was also published on November 11 directly regulating modern financial crimes and increasing penalties for corrupt officials, and will go into effect 90 days after the publication.

President Lourenco dismissed cabinet ministers, provincial governors, senior military officers, and other high-level government officials due to alleged corrupt practices. The PGR launched significantly more corruption investigations and brought criminal charges against several officials. Nonetheless, official impunity and the uniform application of anticorruption legislation remained a serious problem.

In August President Lourenco requested that the National Assembly review the new penal code to ensure it adequately penalizes corrupt activities. In a letter sent to the president of the National Assembly, Lourenco wrote that the penal code “may not be aligned with the current vision and pass a wrong message concerning crimes committed in the exercise of public functions.” Lourenco said he was concerned the new penal code could establish lower penalties for economic crimes, influence peddling, and public sector corruption.

Corruption: Government corruption at all levels was widespread, but accountability improved due to increased focus on developing better checks and balances and institutional capacity. In August the criminal chamber of the Supreme Court convicted Valter Filipe, the former governor of the National Bank of Angola, Jose Filomeno dos Santos (“Zenu”), the former chairman of Angola’s Sovereign Wealth Fund and son of former president Jose Eduardo Dos Santos, and two other partners of influence peddling, money laundering, and fraud. The court gave them sentences ranging from five to eight years in prison. Zenu and his codefendants transferred $500 million from the National Bank of Angola to a private bank account in the United Kingdom. All the defendants’ appeals to the plenary of the Supreme Court were denied.

In December 2019 the Luanda Provincial Court preemptively froze all in-country accounts and several assets owned by former first daughter Isabel dos Santos, her husband Sindika Dokolo, and businessman Mario Leite da Silva on suspicion that the assets, amounting to more than $1 billion, originated from state funds obtained unlawfully. Isabel dos Santos considered the seizure order to be “politically motivated” and said she would use “all the instruments of Angolan and international laws” to fight the order. To date she remains in exile and subsequently demonstrated willingness to negotiate with the Angolan government, something that President Lourenco denied would be an option.

The government commenced legal proceedings against Isabel dos Santos and her associates that aim to recover more than $1 billion in allegedly misappropriated state assets. In December 2019 the Luanda provincial court preemptively froze assets belonging to Isabel and her associates at Unitel, the country’s largest mobile-phone company, and in Banco de Fomento Angola (BFA), one of the largest private banks. In May the government filed criminal charges against Isabel dos Santos on suspicion of embezzlement of state funds while she was head of state-owned oil company Sonangol.

In July the PGR, through its National Service on Assets Recovery, seized three private commercial buildings in Luanda built with funds from state-owned oil company Sonangol. The PGR said the buildings belonged to the Riverstone Oaks Corporation, which is controlled by former vice president and president of Sonangol, Manuel Vicente, and the former director of Sonangol Real Estate and Properties, Orlando Veloso.

Government ministers and other high-level officials commonly and openly owned interests in public and private companies regulated by, or doing business with, their respective ministries. Laws and regulations regarding conflict of interest exist, but they were not enforced. Petty corruption among police, teachers, and other government employees was widespread. Police extorted money from citizens and refugees, and prison officials extorted money from family members of inmates.

Financial Disclosure: The law on public probity requires senior government officials, magistrates and public prosecutors as well as managers of public companies to declare their assets held domestically and abroad to the attorney general. The president and vice president were the first to submit their declarations in 2018. Asset declarations are only disclosed for criminal, disciplinary, and administrative purposes and require a judicial warrant.

According to the Ministry of Justice and Human Rights, the financial information of government officials was provided to the appropriate government office. The law treats these reports as confidential. Government officials are to make a declaration within 30 days of assuming a post and every two years thereafter. The law does not stipulate a declaration be made upon leaving office but states that officials must return all government property within 60 days.

Penalties for noncompliance with the law vary depending on which section of the law was violated, but they include removal from office, a bar from government employment for three to five years, a ban on contracting with the government for three years, repayment of the illicitly gained assets, and a fine of up to 100 times the value of the accepted bribe. The National Office of Economic Police is responsible for investigating violations of this law, as well as other financial and economic crimes, and then referring them to the financial court for prosecution. There were no known cases related to this law during the year.

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

A variety of domestic and international human rights groups operated throughout the country. Some groups investigating government corruption and human rights abuses alleged government interference in their activities particularly in provinces outside of Luanda. Civil society organizations faced fewer difficulties in contacting detainees than in previous years, and prison authorities permitted civil society work in the prisons.

The Law of Associations requires NGOs to specify their mandate and areas of activity. The government used this provision to prevent or discourage established NGOs from engaging in certain activities, especially those that the government deemed politically sensitive.

The government allowed local NGOs to carry out human-rights-related work, but many NGOs reported they were forced to limit the scope of their work because they faced problems registering, were subjected to subtle forms of intimidation, and risked more serious forms of harassment and closure.

Government Human Rights Bodies: The state-funded Interministerial Commission for the Writing of Human Rights Reports included representatives from various government ministries. Leading civil society members decided not to participate on the commission because they did not believe the Commission was independent or effective.

The 10th Commission on Human Rights of the National Assembly is charged with investigating citizen complaints of alleged human rights violations and makes recommendations to the National Assembly.

An Office of the Ombudsman, with a national jurisdiction, existed to mediate between an aggrieved public, including prisoners, and an offending public office or institution. The office had representative offices open in the provinces of Cabinda, Kwanza-Sul, Cunene, Huambo, and Luanda, and had neither decision-making nor adjudicative powers, but helped citizens obtain access to justice, advised government entities on citizen rights, and published reports. These reports are presented annually to the National Assembly. The ombudsman is elected by the majority of the members of the National Assembly.

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

Women

Rape and Domestic Violence: Rape, including spousal rape and intimate partner rape, is illegal and punishable by up to eight years’ imprisonment if convicted. Limited investigative resources, poor forensic capabilities, and an ineffective judicial system prevented prosecution of most cases. The Ministry of Justice and Human Rights worked with the Ministry of Interior to increase the number of female police officers and to improve police response to rape allegations.

The law criminalizes domestic violence and penalizes offenders with prison sentences of up to eight years and monetary fines, depending on the severity of their crime. The Ministry of Justice and Human Rights maintained a program with the Angolan Bar Association to give free legal assistance to abused women and established counseling centers to help families cope with domestic abuse.

The government reported that cases of domestic violence increased during the period of confinement due to COVID-19. According to a Ministry of Social Action, Family and Promotion of Women (MASFAMU) report between March and May, 567 cases of domestic violence were reported in the second trimester of 2020 versus 444 reported cases in the first trimester. The NGO Gender Observatory started a campaign called “Quarantine without Violence” and urged the National Police to create a hotline for cases of domestic violence. In May MASFAMU launched a partnership with the UN to support a crisis hotline to help victims of gender-based violence.

Other Harmful Traditional Practices: There were anecdotal reports that some communities abused women and children due to accusations the latter practiced witchcraft. The Ministry of Culture and the National Institute for Children (INAC) had educational initiatives and emergency programs to assist children accused of witchcraft.

Sexual Harassment: Sexual harassment was common and not illegal. It may be prosecuted, however, under assault and battery and defamation statutes.

Reproductive Rights: Couples and individuals have the right to freely decide the number, spacing, and timing of their children, free from discrimination, coercion, or violence. Persons living in rural areas faced more barriers to access of sexual and reproductive health services than urban dwellers due to a lack of resources and health programs in those areas. According to 2015-16 World Health Organization (WHO) data, 62 percent of women between the ages of 15 and 49 made their own informed decisions regarding reproductive health care, contraceptive use, and sexual relations. Some cultural views, such as the view that women have a responsibility to have children, and religious objections to using contraception, limited access to reproductive health services. According to the UN Population Fund, the country has favorable laws relating to contraceptive services and access to emergency contraception with no restrictions. The WHO reported there were four nursing and midwifery personnel per 10,000 inhabitants in the country (2010-2018 data). For survivors of sexual violence, the law on domestic violence provides for legal and medical assistance, access to shelter spaces, and priority care assistance to obtain legal evidence of the crime. A specific department of the Angolan National Police investigates crimes against women and children.

According to a 2017 WHO report, the country’s maternal mortality rate was 241 deaths per 100,000 live births, which was a significant reduction from 431 deaths in 2007 and 827 deaths in 2000. High maternal mortality was due to inadequate access to health facilities before, during, and after giving birth, a lack of skilled obstetric care, and early pregnancy. The WHO data reported a high adolescent birth rate of 163 births per 1,000 women between the ages of 15 and 19. According to 2010-19 data, 30 percent of women of reproductive age had their need for family planning satisfied with modern methods. No known instances of female genital mutilation have been reported in the country in recent years. UNICEF reported in 2016 that 50 percent of births in the country were attended by skilled health personnel.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. During the year the Angolan branch of Universal Church of the Kingdom of God (IURD) had a public split with the church’s Brazilian leadership. On June 23, a group of Angolan IURD pastors took control over some of the 230 IURD temples in the country after accusing the Brazilian leadership of racism and harassment, including forced vasectomies of Angolan IURD pastors or mandatory abortions if an IURD pastor’s wife became pregnant. Both groups pressed charges against each other, which led to the closure and seizure of at least seven temples in Angola by the attorney general’s office on charges of money laundering. At year’s end, criminal investigations continued.

Discrimination: Under the constitution and law, women enjoy the same rights and legal status as men. The government, however, did not enforce the law effectively as societal discrimination against women remained a problem, particularly in rural areas. Customary law prevailed over civil law, particularly in rural areas, and at times had a negative effect on a woman’s legal right to inherit property.

The law provides for equal pay for equal work, although women generally held low-level positions. There were legal restrictions on women’s employment in occupations and industries compared to men, including in jobs deemed hazardous, factory jobs, and those in the mining, agriculture, and energy sectors. The Ministry of Social Assistance, Family, and Promotion of Women led an interministerial information campaign on women’s rights and domestic abuse, and hosted national, provincial, and municipal workshops and training sessions.

Children

Birth Registration: Citizenship is derived by birth within the country or from one’s parents. The government does not register all births immediately. According to the 2014 census, approximately 13.7 million citizens (46 percent of the population) lacked birth registration documents. During the year the government continued programs to improve the rate of birth registration through on-site registries located in maternity hospitals in all 18 provinces with a campaign called “Born with Registration.” The government also trained midwives in rural areas to complete temporary registration documents for subsequent conversion into official birth certificates. The government permitted children to attend school without birth registration, but only through the sixth grade. The government implemented a mass registration process to issue identification (ID) cards with the goal of providing government-issued IDs to all citizens by the end of 2022.

Education: Education is tuition free and compulsory for documented children through the ninth grade. Students in public schools often faced significant additional expenses such as books or irregular fees paid directly to education officials in order to guarantee a spot. When parents were unable to pay the fees, their children were often unable to attend school. The Ministry of Education estimated that one to two million children did not attend school, because of a shortage of teachers and schools. Due to the “state of emergency” that went into effect on March 27, the government closed schools as a preventive measure against the spread of COVID-19, and provided some classes as television programs. The government began to reopen schools in October.

There were reports that parents, especially in more rural areas, were more likely to send boys to school rather than girls. According to UNESCO, enrollment rates were higher for boys than for girls, especially at the secondary level.

Child Abuse: Child abuse was widespread. Reports of physical abuse within the family were commonplace, and local officials largely tolerated abuse due to lack of capacity within institutions to provide appropriate care. The Ministry of Social Affairs, Family and Promotion of Women offers programs for child abuse victims and other vulnerable children. Nevertheless, nationwide implementation of such programs remained a problem.

In June the government launched a hotline called “SOS Child” to report violence against children. In fewer than two weeks, government officials stated the hotline received 19,753 calls relating cases of violence against children.

Child, Early, and Forced Marriage: The legal age for marriage with parental consent is 15 for girls and 16 for boys. The government did not enforce this restriction effectively, and the traditional age of marriage among lower income groups coincided with the onset of puberty. According to UNICEF, 6 percent of men between the ages of 20 and 24 were married or in union before the age of 18, 30 percent of women between the ages of 20 and 24 were married or in union by the age of 18, and 7 percent of women between the age of 20 and 24 were married or in union by the age of 15.

Sexual Exploitation of Children: All forms of prostitution, including child prostitution, are illegal. Police did not actively enforce laws against prostitution, and local NGOs expressed concern regarding the commercial sexual exploitation of children, which remained a problem. The law prohibits the use of children for the production of pornography; however, it does not prohibit the procuring or offering of a child for the production of pornography, or the use, procuring, or offering of a child for pornographic performances.

Sexual relations between an adult and a child younger than 12 are considered rape, and conviction carries a potential penalty of eight to 12 years’ imprisonment. Sexual relations with a child between the ages of 12 and 17 are considered sexual abuse, and convicted offenders may receive sentences from two to eight years in prison. The legal age for consensual sex is 18. Limited investigative resources and an inadequate judicial system prevented prosecution of most cases. There were reports of prosecutions during the year.

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

Anti-Semitism

There is a Jewish community of approximately 350 persons, primarily resident Israelis. 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 physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these prohibitions. The constitution grants persons with disabilities full rights without restriction and calls on the government to adopt national policies to prevent, treat, rehabilitate, and integrate persons with disabilities to support their families; remove obstacles to their mobility; educate society regarding disability; and encourage learning and training opportunities for persons with disabilities.

The law requires changes to public buildings, transportation, and communications to increase accessibility for persons with disabilities. The law also institutes a quota system to encourage the public and private sectors to employ more persons with disabilities, with the public sector quota at 4 percent of total employees and the private sector set at 2 percent. Civil society organizations and persons with disabilities, however, reported the government failed to enforce the law, and significant barriers to access remained.

The government official responsible for overseeing programs to promote inclusion for persons with disabilities acknowledged that both the private and public sectors fail to meet the quota system established by law. ANDA, an NGO that promotes the rights of persons with disabilities, said in a March interview that discrimination, physical, and psychological barriers impede persons with disabilities from having access to work, education, and public transportation.

Persons with disabilities included more than 80,000 survivors of land mines and other explosive remnants of war. The NGO Handicap International estimated that as many as 500,000 persons had disabilities. Because of limited government resources and uneven availability, only 30 percent of such persons were able to take advantage of state-provided services such as physical rehabilitation, schooling, training, or counseling.

Persons with disabilities found it difficult to access public or private facilities, and it was difficult for such persons to find employment or participate in the education system. Women with disabilities were reported to be vulnerable to sexual abuse and abandonment when pregnant. The Ministry of Social Assistance, Families, and Women’s Promotion sought to address problems facing persons with disabilities, including veterans with disabilities, and several government entities supported programs to assist individuals disabled by landmine incidents.

Indigenous People

The constitution does not specifically refer to the rights of indigenous persons, and no specific law protects their rights and ecosystems. One NGO estimated that 14,000 members of the San indigenous group scattered among the southern provinces of Huila, Cunene, Kuando Kubango, and Moxico suffered discrimination and lacked adequate access to basic government services, including medical care, education, and identification cards.

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

The constitution prohibits all forms of discrimination but does not specifically address sexual orientation or gender identity. The new penal code decriminalizes same-sex sexual relations and makes it illegal to discriminate based on sexual orientation.

Local NGOs reported that lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals faced violence, discrimination, and harassment. The government, through its health agencies, instituted a series of initiatives to decrease discrimination against LGBTI individuals.

Discrimination against LGBTI individuals was rarely reported, and when reported, LGBTI individuals asserted that sometimes police refused to register their grievances. The association continued to collaborate with the Ministry of Health and the National Institute to Fight HIV/AIDS to improve access to health services and sexual education for the LGBTI community.

HIV and AIDS Social Stigma

Discrimination against those with HIV/AIDS is illegal, but lack of enforcement allowed employers to discriminate against persons living with HIV. There were no news reports of violence against persons living with HIV. Reports from local and international health NGOs suggested discrimination against persons living with HIV was common. The government’s National Institute to Fight HIV/AIDS includes sensitivity and antidiscrimination training for its employees when they are testing and counseling HIV patients.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except members of the armed forces, police, firefighters, members of sovereign bodies, and public prosecutors to form and join independent unions. To establish a trade union, at least 30 percent of workers in an economic sector in a province must follow a registration process and obtain authorization from government officials. The law provides for the right to collective bargaining except in the civil service. The law prohibits strikes by members of the armed forces, police, prosecutors and magistrates of the PGR, prison staff, fire fighters, public-sector employees providing “essential services,” and oil workers. Essential services are broadly defined, including the transport sector, communications, waste management and treatment, and fuel distribution. In exceptional circumstances involving national interests, authorities have the power to requisition workers in the essential services sector. The law does not explicitly prohibit employer interference with union activity.

While the law allows unions to conduct their activities without government interference, it also places some restrictions on their ability to strike. Before engaging in a strike, workers must negotiate with their employer for at least 20 days prior to a work stoppage. Should they fail to negotiate, the government may deny the right to strike. The government may intervene in labor disputes that affect national security and energy sectors. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Labor and Social Security. The law prohibits employer retribution against strikers, but it permits the government to force workers back to work for “breaches of worker discipline” or participation in unauthorized strikes. Nonetheless, the law prohibits antiunion discrimination and stipulates that worker complaints should be adjudicated in the labor court. The Ministry of Public Administration, Labor and Social Security had a hotline and two service centers in Luanda for workers who believed their rights had been violated. By law employers are required to reinstate workers who have been dismissed for union activities.

During the year there were several strikes in the public and private sector over disputes between employers and workers. There were also allegations of retribution against strikers during the year.

In June, three taxi unions agreed to strike and refused to circulate in the municipality of Cacuaco in Luanda province citing lack of designated stopping areas and poor road maintenance. The governor of Luanda, Joana Lina, demanded that the strike be lifted and gave the unions four days to resolve the situation.

The government generally did not effectively enforce applicable labor laws. Labor courts functioned but were overburdened by a backlog of cases and inadequate resources. The law provides for penalties for violations of the law and labor contracts, which are commensurate with those for other laws involving denials of civil rights, but the penalties were not an effective deterrent due to the inefficient functioning of the courts.

Freedom of association and the right to collective bargaining were not generally respected. Government approval is required to form and join unions, which were hampered by membership and legalization issues. Labor unions, independent of those run by the government, worked to increase their influence, but the ruling MPLA party continued to dominate the labor movement due to historical connections between the party and labor, and also the superior financial base of the country’s largest labor union (which also constitutes the labor wing of the MPLA). The government is the country’s largest employer, and the Ministry of Public Administration, Labor and Social Security mandated government worker wages with no negotiation with the unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and sets penalties commensurate with those for other analogous serious crimes. The government did not effectively enforce the law due in part to an insufficient number of inspectors and to systemic corruption.

Forced labor of men and women occurred in fisheries, agriculture, construction, domestic service, and artisanal diamond-mining sectors, particularly in Lunda Norte and Lunda Sul provinces. Migrant workers were subject to seizure of passports, threats, denial of food, and confinement. Forced child labor occurred (see section 7.c).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than 14 from working. To obtain an employment contract, the law requires youth to submit evidence they are 14 or older. Children can work from age 14 to age 16 with parental permission, or without parental consent if they are married, and the work does not interfere with schooling or harm the physical, mental, and moral development of the minor. The law also allows orphan children who want to work to get official permission in the form of a letter from “an appropriate institution,” but it does not specify the type of institution. The Ministry of Public Administration, Labor and Social Security; the Ministry of Social Assistance, Families, and Women’s Promotion; the Ministry of Interior; the Ministry of Labor; INAC; and the national police are the entities responsible for enforcement of child labor laws.

The Ministry of Public Administration, Labor and Social Security continued to implement its National Action Plan for the Eradication of Child Labor for 2018-22, which aims to identify the most prevalent areas and types of child labor and to strengthen coordination of child labor investigations, prosecutions, and the imposition of criminal penalties. The government did not effectively monitor the large informal sector, where most child labor occurred.

Penalties were commensurate with those for other analogous serious crimes. The government did not consistently enforce the law, and child labor, especially in the informal sector, remained a problem. Through March, INAC registered 573 cases of hazardous child labor on farms involving the handling of chemicals, stones, and bricks and reported the cases to law enforcement. The Ministry of Public Administration, Employment, and Social Security had oversight of formal work sites in all 18 provinces, but it was unknown whether inspectors checked on the age of workers or conditions of work sites. If the ministry determined a business was using child labor, it transferred the case to the Ministry of Interior to investigate and possibly press charges. It was not known whether the government fined any businesses for using child labor.

Child labor occurred in agriculture on family and commercial farms as well as in fishing, brick making, artisanal diamond mining, charcoal production, domestic labor, construction, and street vending. Exploitive labor practices included involvement in the sale, transport, and offloading of goods in ports and across border posts. Children were forced to work as couriers in the illegal cross-border trade with Namibia. Adult criminals sometimes used children for forced criminal activity, since the justice system prohibits youths younger than 12 from being tried in court.

Street work by children was common, especially in the provinces of Luanda, Benguela, Huambo, Huila, and Kwanza Sul. Investigators found children working in the streets of Luanda. Most of these children shined shoes, washed cars, carried water and other goods, or engaged in other informal labor, but some resorted to petty crime and begging. Commercial sexual exploitation of children occurred as well (see section 6).

The incidence of child labor increased in the southern provinces due to a severe drought. In Cunene province, children were forced to leave school and to work as herders or to dig wells and fetch water. The drought and the accompanying economic devastation increased the risk of exploitation of vulnerable persons in the province; one NGO in Cunene said the drought led many boys to seek work in urban areas and led girls to engage in prostitution.

The government, through INAC, worked to create, train, and strengthen child protection networks at the provincial and municipal levels in all 18 provinces. No central mechanism existed to track cases or provide statistics. The government also dedicated resources to the expansion of educational and livelihood opportunities for children and their families.

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 labor law prohibits discrimination in employment and occupation based on race, sex, religion, disability, or language, and the government in general effectively enforced the law in the formal sector. The International Labor Organization noted the law did not clearly define discrimination, however. The constitution prohibits all forms of discrimination, although it does not specifically address HIV/AIDS status, sexual orientation, or gender identity (see section 6). The law provides for equal pay for equal work, but gender pay disparities in the country still exist. There were legal restrictions on women’s employment in occupations considered dangerous, in factories, and in industries such as mining, agriculture, and energy. Women held ministerial posts.

The government did not effectively enforce the law, although penalties, when applied, were commensurate with those for other laws related to civil rights. There were no known prosecutions of official or private-sector gender-based discrimination in employment or occupation. Persons with disabilities found it difficult to gain access to public or private facilities, and it was difficult for such persons to participate in the education system and thus find employment. Reports during the year indicated that persons with albinism also experienced discrimination in employment and access to public services. In the past, there have also been complaints of discrimination against foreign workers. There were no known prosecutions for discrimination in employment. Penalties were not sufficient to deter violations.

e. Acceptable Conditions of Work

A minimum wage for the formal sector exists and varies by sector. The UN Committee on Economic, Social and Cultural Rights raised concerns about the wide disparities of minimum wage by sector and the possibility this may undervalue work in female-dominated sectors. The lowest minimum wage was for agricultural work and was set below the UN Development Program’s official line of poverty. The minimum wage for the formal sector may be updated annually or when the government assesses economic conditions warrant. The minimum wage law does not cover workers in informal sectors, such as street vendors and subsistence farmers.

The standard workweek in the private sector is 44 hours, while in the public sector it is 37 hours. In both sectors the law mandates at least one unbroken period of 24 hours of rest per week. In the private sector, when employees engage in shift work or a variable weekly schedule, they may work up to 54 hours per week before the employer must pay overtime. In the formal sector, there is a prohibition on excessive compulsory overtime, defined as more than two hours a day, 40 hours a month, or 200 hours a year. The law also provides for paid annual holidays. By law employers must provide, at a minimum, a bonus amounting to 50 percent of monthly salary to employees each year in December and an annual vacation. The law did not cover domestic workers, but a 2016 presidential decree extended some protections and enforcement standards to domestic workers. Workweek standards were not enforced unless employees filed a formal complaint with the Ministry of Public Administration, Labor and Social Security. The law protected foreign workers with permanent legal status or a temporary work visa.

The government effectively enforced the minimum wage law within the formal labor sector, and penalties were commensurate with those for similar infractions. Most workers in the informal sector were not covered by wage or occupational safety standards. An estimated 60 percent of the economy derived from the informal sector, and most wage earners held second jobs or depended on the agricultural or other informal sectors to augment their incomes.

The Ministry of Public Administration, Labor and Social Security is charged with implementing and enforcing the law. An insufficient number of adequately trained labor inspectors hampered enforcement efforts. Inspectors have the authority to conduct unannounced inspections and initiate sanctions but some companies received advance warning of impending labor inspections.

Occupational safety and health standards are required for all sectors of the economy. Employees have the right to remove themselves from hazardous working conditions without jeopardy to their employment. The government did not always proactively enforce occupational safety and health standards nor investigate private company operations unless complaints were made by NGOs and labor unions. Inspections were reduced due to the COVID-19 pandemic. In 2019 there were 241 major industrial accidents that caused the death or serious injury of workers.

Botswana

Executive Summary

Botswana is a constitutional, multiparty, republican democracy. Its constitution provides for the indirect election of a president and the popular election of a National Assembly. The Botswana Democratic Party has held a majority in the National Assembly since the nation’s founding in 1966. In October 2019 President Mokgweetsi Masisi won his first full five-year term in an election that was considered free and fair by outside observers.

The Botswana Police Service, which reports to the Ministry of Defense, Justice, and Security, has primary responsibility for internal security. The Botswana Defense Force, which reports to the president through the minister of defense, justice, and security, is responsible for external security and has some domestic security responsibilities. The Directorate of Intelligence and Security Services, which reports to the Office of the President, collects and evaluates external and internal intelligence, provides personal protection to high-level government officials, and advises the presidency and government on matters of national security. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

The National Assembly passed a six-month state of emergency in April and extended it for an additional six months in September. Ostensibly to give the government necessary powers to respond to the COVID-19 pandemic, the terms of the state of emergency included a ban on the right of unions to strike, limits on free speech related to COVID-19, and restrictions on religious activities. It also served as the basis for three lockdowns that forced most citizens to remain in their homes for several weeks to curb the spread of the virus. Opposition groups, human rights organizations, and labor unions argued that the state of emergency powers were too broad, placed too much power in the presidency, and were unnecessarily restrictive.

Significant human rights issues included: serious restrictions on free expression, press, and the internet, including the existence of criminal slander and libel laws; substantial interference with freedom of association; serious acts of corruption; and the existence of the worst forms of child labor, including commercial sexual exploitation of children and forced child labor.

The government took steps to prosecute officials who committed abuses. Impunity was generally not a problem.

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. The Botswana Defence Force has a judge advocate general that would investigate any such cases; the Botswana Police Service would conduct an internal investigation into these types of allegations with a referral to civilian prosecutors if necessary.

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 and law prohibit such practices, but unlike in years prior to 2019, there were no reports of police using such tactics. Some laws prescribe corporal punishment for convicted offenders in both criminal and customary courts. Human rights groups viewed these provisions as cruel and degrading; the Court of Appeals ruled these provisions do not violate the constitution’s provisions on torture or inhuman treatment. In April police reportedly used excessive force in at least one instance while enforcing the 2019 COVID-19 lockdown regulations in Lobatse, where two persons were beaten and injured. President Masisi released a statement vowing to investigate the incidents thoroughly and pledged not to tolerate abuse by security forces. The government did not release further information on the investigation following this statement. On September 29, police also fired tear gas and rubber bullets at university students in Palapye who were protesting nonpayment of their student allowances. Students alleged police used excessive force to break up the protests, while police said the students set fires and refused to disperse. Two students were arrested and charged with incitement to violence and disobedience of the law.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

Physical Conditions: Authorities occasionally held juveniles with adults, although only for a few days while the juveniles awaited transport.

The Francistown Center for Illegal Immigrants (FCII) is a dedicated facility for processing asylum and other immigration claims by individuals who entered the country illegally. In previous years journalists reported allegations of authorities abusing asylum seekers in the FCII, but there were no reports of such abuses during the year. There was no school at the center, and international observers expressed concern some children were separated from parents at a young age. The government considered FCII to be a transit center for refugees, but some refugees previously spent several years there while awaiting review of their cases. Although in 2019 the government moved remaining long-term residents to the nearby Dukwi Refugee Camp, there was no protocol in place to prevent arrivals from spending long periods in FCII while their cases were processed. There were no significant reports regarding conditions at other prisons that raised human rights concerns.

Administration: Authorities investigated credible allegations of inhuman conditions brought by inmates against prison officials and took disciplinary or judicial action against persons responsible for abuses. The law requires the minister of defense, justice, and security to appoint a committee to visit prisons on a quarterly basis and allows religious authorities to visit with prisoners. The government enforced this law. Prisoners in general may also attend religious services.

Independent Monitoring: The government generally allowed international and local nongovernmental organizations (NGOs) to meet with prisoners and permitted independent human rights observers to visit prisons. The International Committee of the Red Cross visited prisons. Representatives of diplomatic missions have also been allowed access to the FCII.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, and provide for the right of any person to challenge his or her detention in court. The government generally observed these prohibitions.

Botswana Police Service (BPS) officers received human rights training at the country’s International Law Enforcement Academy.

Arrest Procedures and Treatment of Detainees

Police must produce an arrest warrant issued by a duly authorized magistrate upon the presentation of compelling evidence, except in certain cases, such as when an officer witnesses a crime being committed or discovers a suspect is in possession of a controlled substance. Directorate of Intelligence and Security Services (DISS) personnel have the power to enter premises and make arrests without warrants if the agency suspects a person has committed or is about to commit a crime (see also section 2.a.).

The law requires authorities to inform suspects of their rights upon arrest, including the right to remain silent and to file charges before a magistrate within 48 hours. Authorities generally respected these rights. There were no reports of denial of a suspect’s right to an attorney during the first 48 hours after arrest and the right to arraignment before a magistrate. A magistrate may order a suspect held for 14 days through a writ of detention that may be renewed every 14 days. The law provides for a prompt judicial determination of the legality of a person’s detention. Heavy court caseloads occasionally delayed this determination. Authorities generally informed detainees of the reason for their detention, although there were some complaints this did not always occur. There is a functioning bail system, and detention without bail was unusual except in murder cases, where it is mandatory. Detainees have the right to contact a family member and hire attorneys of their choice, but most could not afford legal counsel. There were no reports authorities held suspects incommunicado or under house arrest.

Pretrial Detention: A writ of pretrial detention is valid for 14 days and is renewable every 14 days. Some detainees, however, waited several weeks or months between the filing of charges and the start of their trials. Pretrial detention in murder, rape, livestock theft, and robbery cases sometimes exceeded a year, but there were no reports of instances in which the length of detention equaled or exceeded the sentences actually imposed. Pretrial detainees comprised approximately 25 percent (2015 data) of prisoners, according to the NGO World Prison Brief. Delays were largely due to judicial staffing shortages and a backlog of pending cases.

e. Denial of Fair Public Trial

The constitution and law provide 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 this right. Defendants enjoy a presumption of innocence, and authorities generally informed them promptly and in detail of the charges against them, with free interpretation from the moment charged through all appeals if he or she cannot understand the language of the court. Trials in the civilian courts are public, although trials under the National Security Act may be secret. Defendants have the right to be present and consult with an attorney in a timely manner. In capital cases the government provides legal counsel or private attorneys to work pro bono for indigent clients. Courts tried those charged with noncapital crimes without legal representation if they could not afford an attorney. As a result many defendants were not aware of their procedural rights in pretrial or trial proceedings. Defendants may question witnesses against them. Defendants may present witnesses and evidence on their own behalf. Defendants have the right to adequate time and facilities to prepare their defense and to appeal. Defendants are not compelled to testify or confess guilt. The constitution states these rights extend to all citizens. Some NGOs provided limited, free legal assistance.

In addition to the civil court system, a customary or traditional court system also exists. According to traditional practice, a tribal chief presides over most small villages. While customary (traditional) courts enjoyed widespread citizen support and respect, they often did not afford the same due process protections as the formal court system. Although defendants may confront, question, and present witnesses in customary court proceedings, they do not have legal counsel, and there are no standardized rules of evidence. Customary trials are open to the public, and defendants may present evidence on their own behalf. Tribal judges, appointed by the tribal leader or elected by the community, determine sentences. Many tribal judges were poorly trained. The quality of decisions reached in the customary courts varied considerably, and defendants often lacked a presumption of innocence. Tribal judges applied corporal punishment, such as lashings on the buttocks, more often than did civil courts. Those convicted in customary courts may file appeals through the civilian court system.

A separate military court system does not try civilians. Military courts have separate procedures from civil courts. Defendants in military courts are able to retain private attorneys at their own expense and view evidence to be used against them. Defendants in military court may have their cases transferred to the civilian judicial system. In addition military personnel may sue other military personnel in civilian civil court.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

In the formal judicial system, there is an independent and impartial judiciary in civil matters, including for human rights cases, which includes a separate industrial court for most labor-related cases. Administrative remedies were not widely available. By mutual agreement of the parties involved, customary courts, which handle land, marital, and property disputes, tried most civil cases but; they often did not afford the same due process protections as the formal judicial system. Although individuals and organizations may file complaints regarding domestic decisions with the African Commission on Human and Peoples’ Rights, the country has not ratified the protocol that established the court, which means the country does not always implement the court’s rulings.

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

The constitution and law prohibit such actions, but there were reports the DISS had developed capabilities for online surveillance. The BPS also used online surveillance of social media as part of COVID-19 state-of-emergency measures.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press.

Freedom of Speech: The law restricts the speech of some government officials and fines persons found guilty of insulting public officials or national symbols. The law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense and may receive a substantial monetary fine. The penal code also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense and may receive a substantial monetary fine. There were no arrests or convictions under this law during the year.

The state of emergency includes a statute that makes it illegal to publish COVID-19 statements online “with an intent to deceive” concerning a person’s health status or containing information on the virus. The maximum penalty for conviction of violating the provision is five years in prison, a substantial monetary fine, or both. At least six persons were arrested under the statute, including an opposition official and a teacher who questioned the government’s decision to impose a seven-week national lockdown.

Freedom of Press and Media, Including Online Media: The government dominated domestic broadcasting. The government owned and operated the Botswana Press Agency, which dominated the print media through its free, nationally distributed newspaper, Daily News, and two state-operated FM radio stations. State-owned media generally featured reporting favorable to the government and, according to some observers, were susceptible to political interference. Opposition political parties claimed state media coverage heavily favored the ruling party.

Independent media were active and generally expressed a wide variety of views, which frequently included strong criticism of the government; however, media members complained they were sometimes subject to government pressure to portray the government and country in a positive light. Private media organizations had more difficulty than government-owned media obtaining access to government-held information.

A 2008 law mandates registration of media outlets and journalists with the National Press Council and has been criticized by human rights and press freedom NGOs, although it has never been implemented.

On June 18, police arrested journalists David Baaitse and Kenneth Mosekiemang for allegedly taking photos of a DISS facility. DISS stated the pair was surveilling a “highly classified strategic security installation.” The pair were charged with nuisance and released on bond pending trial. DISS issued a statement on the case that declared press freedom was not limitless and that media had a responsibility to defend the country’s national security. As of October, the two had not been tried.

Censorship or Content Restrictions: Some members of civil society organizations stated the government occasionally censored stories in government-run media it deemed undesirable. Government journalists sometimes practiced self-censorship.

Libel/Slander Laws: There were no arrests for slander during the year. Nevertheless, the law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense. The law also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense under the sedition clause. The Constitutional Court has not considered the constitutionality of the sedition clause.

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. The government did monitor social media content related to COVID-19 while enforcing state of emergency rules (see section 1.f.).

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 and law provide for the freedoms of assembly and association, and the government generally respected these rights, although there were restrictions on the ability of labor unions to organize and strike (see section 7.a.).

Freedom of Peaceful Assembly

The government barred in-person religious services during lockdown periods and limited the size of services to 50 persons as well as the number of weekly religious services per congregation as part of the state of emergency.

Freedom of Association

Labor leaders expressed views that restrictions on strikes during the COVID-19 state of emergency were unnecessary, unrelated to public health concerns, and were an attempt by the government to restrict trade union activities.

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

In-country Movement: The government’s COVID-19 restrictions set limits on internal movement. A series of “extreme social distancing” periods (lockdowns) forced most of the population to remain at homes for weeks at a time. Those engaged in essential services such as food supply, utilities, and critical government functions were allowed to circulate with permits. Ordinary individuals required permits to carry out basic functions like visiting the grocery store. The number of permits was strictly limited on a daily basis and could only be acquired through an online application. Additionally, the government divided the country into nine zones, with permits required to pass from one zone to another. Regulations stated permits were meant only for exceptional travel, such as essential services or for funerals. The automated online permit system, however, approved most permits regardless of the purpose of travel.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government generally cooperated with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The system for granting refugee status was accessible but slow. The government generally provided protection against the expulsion or return of persons to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

The government held refugees and asylum seekers in the FCII until the Refugee Advisory Committee, a governmental body, made a status recommendation. The committee met quarterly during the year. UNHCR representatives participated in advisory committee meetings as observers and technical advisers.

The government repatriated a number of Zimbabwean refugees from the Dukwi Refugee Camp, many of whom had been living at the camp for more than a decade. Approximately 375 persons agreed to repatriate voluntarily, but another 200 refugees refused repatriation, stating they feared abuse in Zimbabwe due to their affiliation with opposition parties. UNHCR alleged the government rushed the repatriation process for the 200, preventing UNHCR from assessing the veracity of their claims and whether they were eligible for resettlement. Under international pressure from UNHCR and foreign missions, the government agreed to a more thorough process of evaluating the Zimbabwean cases.

Safe Country of Origin/Transit: The government applies the principle of first country of asylum; on that basis in previous years it detained individuals, many of whom had refugee status in a third country and then claimed asylum.

Freedom of Movement: As a general policy, all registered refugees must reside in Dukwi Refugee Camp under a strict encampment policy, although the government may issue a residence permit to remain outside the camp in exceptional cases, such as for refugees enrolled at a university, in need of specialized medical care, or with unique skills.

Employment: In February 2019 UNHCR reported that most of the country’s 1,005 registered refugees were living in the Dukwi Refugee Camp and did not have the right to work outside the camp.

Access to Basic Services: Refugees at the Dukwi Refugee Camp had access to education and basic health-care services. In 2019 the government began allowing noncitizens, including refugees, to receive HIV/AIDS medication. UNHCR facilitated refugee and asylum seekers’ exit permit applications for medical referrals as necessary. Officials typically granted exit permits for three days; refugees found outside the camp without a permit were subject to arrest.

International observers stated there was no access to education in the FCII, which as of August held nine children. The center hosts a clinic, and a specialized nurse provides basic health care, while critical cases are referred to the Francistown city hospital.

Temporary Protection: The government provided temporary protection at the Dukwi Refugee Camp to individuals who may not qualify as refugees under the 1951 UN Refugee Convention or its 1967 Protocol. UNHCR provided food and other provisions to individuals under temporary protection.

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: The Botswana Democratic Party (BDP) won a majority in the October 2019 parliamentary elections, returning President Mokgweetsi Masisi to office for a full five-year term and continuing the party’s control of the government dating from independence in 1966. The vote was generally considered credible by outside observers; however, opposition parties challenged some of the election results in court, citing primarily irregularities with voter registrations. In December 2019 the Court of Appeals dismissed all claims and ordered the opposition parties to pay court costs.

Using COVID-19 state of emergency powers, the government postponed indefinitely two special elections, scheduled for May, for district council seats to replace two lawmakers who died. As of November the special elections had not been rescheduled.

Political Parties and Political Participation: On July 29, the National Assembly suspended the leader of the opposition (an officially designated position), Dumelang Saleshando, for one week for accusing members of President Masisi’s family of improperly manipulating the government tendering process. The speaker of the National Assembly, who was appointed by the president, called for the suspension vote after the opposition leader refused to retract his accusation. All votes for the suspension were from the BDP, which the president leads as party chairman. The Court of Appeals temporarily lifted the suspension after the opposition leader filed a lawsuit challenging it. On August 6, the BDP subsequently suspended from party activities for 60 days the only party member of parliament who voted against the opposition leader’s suspension.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. Nevertheless, observers suggested cultural constraints, including the sexual exploitation of women in politics, limited the number of women in government. There were six women in the 65-seat National Assembly, three of them elected and three appointed by President Masisi. In 2014, four women were elected to the National Assembly. The president named four female members of parliament to serve in the 30-member cabinet. There were also two women in the 34-seat House of Chiefs.

While the constitution formally recognizes eight principal tribes of the Tswana nation, amendments to the constitution also allow minority tribes to be represented in the House of Chiefs. The law provides that members from all groups enjoy equal rights. Outside observers noted many tribes were unrecognized or unrepresented, and women were underrepresented in the traditional chieftaincy system.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally sought to implement these laws effectively. Officials tasked with enforcement lacked adequate training and resources, however. Media reports of government corruption continued during the year. There were numerous reports of government corruption, including allegations tied to tenders issued by local governments for COVID-19 projects, such as renovating public facilities so that they complied with virus prevention measures and also in the acquisition of personal protective equipment. A 2019 poll by Transparency International found that 7 percent of those polled had paid bribes to government officials. This number grew from the 1 percent who reported paying bribes in a 2015 poll.

Corruption: In July former permanent secretary to Presidents Khama and Masisi Carter Morupisi and his wife stood trial on charges of abuse of office, money laundering, and receiving bribes. The government continued to investigate Isaac Kgosi, the country’s former chief of DISS, regarding alleged embezzlement at the National Petroleum Fund. In March, Kgosi was arraigned on charges of embezzlement. Trial procedures continued as of year’s end.

Financial Disclosure: In August 2019 parliament passed a bill requiring declaration of assets and liabilities by members of parliament. A 2009 presidential directive requires all cabinet ministers to declare their interests, assets, and liabilities to the president. There were no cases reported where a declaration was questioned or sanctions imposed.

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

The small number of domestic and international 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 domestic NGO views on most subjects. The government interacted with and provided financial support to some domestic organizations.

Government Human Rights Bodies: An ombudsman within the Office of the President handled complaints of maladministration, including some human rights abuses in the public sector, and the government generally cooperated with the ombudsman. The Office of the Ombudsman, however, lacked sufficient staff.

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

Women

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

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

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

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

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

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

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

Indigenous People

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

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

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

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

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

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

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

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

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

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

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

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

HIV and AIDS Social Stigma

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers–except police, military, and prison personnel–to form and join independent unions and to bargain collectively. The law provides some workers with the right to strike. The COVID-19 state of emergency barred all industrial actions by unions, although workers at some companies did conduct short work stoppages over pay matters without government interference. The law allows registered unions to conduct their activities without interference and with protection from antiunion discrimination.

The law limits the right to organize. Police, military, and prison personnel belong to employee associations to communicate collective needs and concerns to their government employer. Union representatives reported employee associations were generally not as effective as unions in resolving labor disputes.

Trade unions failing to meet formal registration requirements are automatically dissolved and banned from carrying out union activities. The law does not protect members of unregistered trade unions and does not fully protect union members from antiunion discrimination. This means that those trying to establish, join, or register a trade union are not protected from antiunion discrimination.

The law imposes a number of substantive requirements on the constitutions and rules of trade unions and federations of trade unions. The law also authorizes the registrar to inspect accounts, books, and documents of a trade union at “any reasonable time” and provides the minister of defense, justice, and security with the authority to inspect a trade union “whenever he considers it necessary in the public interest.” It also allows the registrar or attorney general to apply for an order to restrain any unauthorized or unlawful expenditure of funds or use of any trade union property. Employers and employer associations have the legal right to ask the registrar to withdraw recognition of a union, and the Ministry of Employment, Labor Productivity, and Skills Development has the right to suspend a union if it is “in the public interest,” although the former practice was uncommon and the latter has never been employed. Any person acting or purporting to act as an officer of a trade union or federation that fails to apply for registration within 28 days of its formation is subject to sanctions.

The law provides for collective bargaining only for unions that have enrolled at least one-third of a sector’s workforce. The law does not allow employers or employers’ organizations to interfere in the establishment, functioning, or administration of trade unions. The law provides a framework for either employers or unions to nullify collective bargaining agreements and provides a mechanism for the other party to dispute the nullification. The law also permits an employer or employers’ organization to apply to the government to withdraw the recognition granted a trade union if it establishes that the trade union refuses to negotiate in good faith with the employer.

The law prohibits employees providing “essential services” from striking. In August 2019 the National Assembly passed legislation limiting the sectors covered by this prohibition in line with a recommendation from the International Labor Organization. The law limits its definition of essential services to aviation, health, electrical, water and sanitation, fire, and air traffic control services.

The law empowers two officials within the Ministry of Employment, Labor Productivity, and Skills Development (the minister and the commissioner of labor) to refer a dispute in essential services to arbitration or to the Industrial Court for determination.

Civil service disputes are referred to an ombudsman for resolution, and the ombudsman generally made decisions without government interference. Labor commissioners mediate private labor disputes, which, if not resolved within 30 days, may be referred to the Industrial Court.

Workers who are members of registered unions may not be terminated for legal union-related activities. Dismissals may be appealed to civil courts or labor officers, which have rarely ordered payment of more than two months’ severance pay. The law does not provide for reinstatement of workers, but a judge may order reinstatement if the termination is deemed to be related to union activities. The law does not provide protection to public employees’ organizations from acts of interference by public authorities in their establishment or administration.

The government generally did not respect freedom of association for workers. In addition the government placed significant barriers to union organizing and operations, and there were some restrictions on the right to collective bargaining. Workers exercised the right to form and join unions, and employers generally did not use hiring practices to avoid hiring workers with bargaining rights. The government refused to recognize migrant workers’ attempt to form a union after the workers had submitted all required documents to register their association. Legal penalties for violations of laws governing freedom of association were commensurate with those for other laws involving denials of civil rights.

The law severely restricts the right to strike, and strikes were rare. When unions followed legal requirements, exhausted arbitration, and notified the government in advance of a planned strike, the government permitted strikes and did not use force on strikers. Due to strike requirements, however, many strikes were ruled illegal, and striking workers often risked dismissal. The law prohibits sympathy strikes. Compulsory arbitration was rare and only applied in cases involving a group dispute of workers in essential services. The law prohibits an employer from hiring workers to replace striking or locked-out workers and prohibits workers from picketing only if the parties have an agreement on the provision of minimum services or, if no such agreement has been made, within 14 days of the commencement of the strike.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit and criminalize all forms of forced and compulsory labor, including by children. Civil society representatives reported in previous years the government did not effectively enforce relevant laws, particularly in remote areas, mainly due to a lack of staff and funding. Labor inspectors refer cases to the BPS for prosecution. In the past authorities prosecuted cases involving trafficked individuals and won convictions. There were anecdotal reports of forced child labor in cattle herding and in domestic servitude (see section 7.c.). Members of the San community, including children, were sometimes subjected to forced labor conditions on cattle farms in the Ghanzi district. The law prescribed penalties that were not commensurate with comparable serious crimes.

The law punishes with compulsory prison labor any willful breach of a contract of employment by an employee who is acting either alone or in combination with others if such breach affects the operation of essential services. Sentences of imprisonment involving compulsory prison labor may be imposed on any person who prints, makes, imports, publishes, sells, distributes, or reproduces any publication prohibited by the president “in his absolute discretion” as being “contrary to the public interest.” Similar sentences may be imposed concerning seditious publications and on any person who manages, or is a member of, or in any way takes part in the activity of an unlawful society, particularly of a society declared unlawful as being “dangerous to peace and order.” The provisions are worded in terms broad enough to allow punishment for the expression of views, and insofar as they are enforceable with sanctions involving compulsory labor, they are incompatible with international standards. A prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority.

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 the worst forms of child labor.

The minimum age for work is 15, but children as young as 14 may be employed in light work that is “not harmful to (their) health and development” and is approved by a parent or guardian. The law, however, does not define the types of permitted light work activities. The law provides that work shall not exceed six hours per day when a child is not in school and five hours when a child is in school, but only on vacation days between the hours of 6 a.m. and 4 p.m. Although the law prohibits night work and hazardous underground work for children, it does not cover hazardous activities, such as the use of dangerous machinery, tools, and equipment. In addition the law establishes the right of children to be protected from sexual exploitation, including through prostitution and the production of pornography (see section 6).

The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing child labor laws and policies in all sectors, but its resources were too limited for effective oversight in remote areas. District and municipal councils have child welfare divisions, which are also responsible for enforcing child labor laws. Other involved government entities included offices within the Ministry of Basic Education and the Ministry of Local Government and Rural Development. Government officials continued to address public gatherings, cautioning against the worst forms of child labor. Penalties, however, were not commensurate with those for comparable serious crimes.

Despite laws and policies designed to protect children from exploitation in the workplace, child labor occurred mostly on small-scale cattle posts or farms, where employees lived with their children in family units, particularly in the Ghanzi region. Child labor also occurred in domestic work and street vending. Civil society representatives noted in such cases where it was likely to exist, child labor resulted from a lack of awareness of the law among parents and their employers.

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 prohibit discrimination based on race, color, tribe, place of origin, including national origin, social origin, sex, disability, language, sexual orientation or gender identity, HIV status, marital status, religion, creed, or social status. The government generally enforced these regulations, and penalties were not commensurate with comparable serious crimes.

e. Acceptable Conditions of Work

According to the Ministry of Employment, Labor Productivity, and Skills Development, the minimum hourly wage for full-time labor in the private sector was determined by sector. The minimum wage was higher than the official estimate of the poverty income level for all sectors. Formal-sector jobs generally paid well above minimum wage.

The law permits a maximum 48-hour workweek, exclusive of overtime, which is payable at time-and-a-half times the base hourly rate. In May the government froze payment for overtime work of public servants as a measure to address a budget shortfall during the COVID-19 pandemic. According to union representatives, some workers were required to perform overtime duties without compensation.

There are limited occupational safety and health (OSH) requirements. The government’s ability to enforce OSH legislation remained limited due to inadequate staffing and lack of clear ministerial jurisdictions. The law provides protection against termination for workers who verbally complain about hazardous conditions, but no specific provisions in the law allow workers to remove themselves from situations that endanger their health or safety without jeopardizing their employment. There were no figures available on the number of industrial accidents during the year that caused the death or serious injury of workers.

The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing wage, hour, and OSH standards, but the number of inspectors was not sufficient to effectively enforce the law. Penalties were not commensurate with those for similar crimes.

The primary forms of compensation for labor in the informal sector were housing and food, particularly in the agricultural and domestic service areas. Wages in the informal sector were frequently below the minimum wage. Informal-sector workers generally were covered by the same legal protections available to formal-sector workers.

Foreign migrant workers were vulnerable to exploitative working conditions, mainly in domestic labor.

Democratic Republic of the Congo

Executive Summary

The Democratic Republic of the Congo is a centralized constitutional republic. Voters popularly elect the president and the lower house of parliament (National Assembly). Following a two-year delay, presidential, legislative, and provincial elections were held on December 30, 2018. On January 10, 2019, the National Independent Electoral Commission declared Felix Tshisekedi the winner of the 2018 presidential election. The 2018 election was marred by irregularities and criticized by some observers, including the Council of Bishops, who stated the results did not match those of their observation mission. The 2019 inauguration of President Tshisekedi was the first peaceful transfer of power in the country’s history.

The primary responsibility for law enforcement and public order lies with the Congolese National Police, which operates under the Ministry of the Interior. The National Intelligence Agency, overseen by the presidency, is responsible for internal and external intelligence. The Armed Forces of the Democratic Republic of the Congo and the military intelligence service operate under the control of the Ministry of Defense and are primarily responsible for external security but in reality focus almost exclusively on internal security. The presidency oversees the Republican Guard, and the Ministry of Interior oversees the Directorate General for Migration, which, together with the Congolese National Police, are responsible for border control. Civilian authorities did not always maintain control over the security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings; forced disappearances; torture and cases of cruel, inhuman, or degrading treatment or punishment; harsh and life-threatening prison conditions; arbitrary detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious abuses in an internal conflict, including killing of civilians, enforced disappearances or abductions, and torture and physical abuses or punishment, unlawful recruitment or use of child soldiers by illegal armed groups, and other conflict-related abuses; serious restrictions on free expression and the press, including violence, threats of violence, or unjustified arrests of journalists, censorship, and criminal libel; interference with the rights of peaceful assembly and freedom of association; serious acts of official corruption; lack of investigation and accountability for violence against women; trafficking in persons; crimes involving violence or threats of violence targeting persons with disabilities, members of national, racial, and ethnic minority groups, and indigenous people; crimes involving violence or threat of violence targeting lesbian, gay, bisexual, transgender, and intersex persons; and existence of the worst forms of child labor.

The government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses, although there was impunity for many such abuses. Authorities often did not investigate, prosecute, or punish those who were responsible, particularly at higher levels. The government convicted some officials on counts of murder, rape, torture, arbitrary detention, and corruption, and sometimes punished security force officials who committed abuses.

Government security forces, as well as illegal armed groups, continued to commit abuses, primarily in the restive eastern provinces and the Kasai region. These abuses included unlawful killings, disappearances, torture, destruction of government and private property, and sexual and gender-based violence. Illegal armed groups also recruited, abducted, and retained child soldiers and forced labor. The government took military action against some illegal armed groups and investigated and prosecuted some armed group members for 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 numerous reports the government or its agents committed arbitrary or unlawful killings. Military courts had primary responsibility for investigating whether security force killings were justified and pursuing prosecutions.

The state security forces (SSF) committed arbitrary or unlawful killings in operations against illegal armed groups (IAGs) in the east and in the Kasai region (see section 1.g.). According to the UN Joint Office of Human Rights (UNJHRO), security forces were responsible for at least 225 extrajudicial killings across the country as of June 30. Many of these extrajudicial killings occurred in the North Kivu, South Kivu, and Ituri Provinces, where the Armed Forces of the Democratic Republic of the Congo (FARDC) fought the Allied Democratic Forces (ADF) and other militias, including ethnic militias in the Djugu Territory of Ituri.

The United Nations reported that between March 30 and April 22, Congolese National Police (PNC) officers and members of the military police were responsible for the extrajudicial killing of 66 persons, as well as the injuries of another 74, through excessive use of force related to the crackdown on the political and religious separatist movement Bundu Dia Kongo, also known as Bundu Dia Mayala. In particular UN and other investigators found that on April 22, PNC officers attacked a church in Songololo, Kongo Central Province, filled with Bundu Dia Kongo supporters, killing 15. On April 24, during an operation to arrest Ne Muanda Nsemi, the leader of Bundu Dia Kongo, at his compound in Kinshasa, PNC and Republican Guard clashes with Bundu Dia Kongo supporters resulted in the deaths of at least 33 persons. Following the Kinshasa operations, military prosecutors took steps to investigate whether security forces had committed unjustifiable killings and indicated they would pursue prosecutions. As of October the investigations continued.

Local media reported that on May 21, a PNC officer shot and killed a protester in Beni, North Kivu Province. The victim, Freddy Kambale, a member of the youth activist group “Fight for Change” (LUCHA), was protesting continued insecurity in the region. Police responding to the protest initially stated the march was in violation of national COVID-19-related state of emergency provisions, which prohibited any gatherings larger than 20. Local observers testified that only 20 persons were present at the protest. On July 13, a military court found the police officer in question guilty of murder and sentenced him to life in prison.

Human Rights Watch (HRW) reported that the bodies of three men who washed up in the Lubumbashi River after protests on July 9 bore scarring and mutilations that indicated possible torture. At least one man was alleged to have been in military police custody prior to his death. As of September military justice officials were investigating the case.

Although the military justice system convicted some SSF agents of human rights abuses, impunity remained a serious problem. The government maintained joint human rights committees with the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) and used available international resources, such as the UN-implemented technical and logistical support program for military prosecutors as well as mobile hearings supported by international nongovernmental organizations (NGOs). Military courts convicted some SSF agents of human rights violations. The United Nations reported that as of July 31, at least 85 FARDC soldiers and 32 PNC officers had been convicted of human rights abuses.

IAGs committed arbitrary and unlawful killings throughout the year (see section 1.g.). IAGs recruited and used children as soldiers and human shields and targeted the SSF, government officials, and others. IAGs, including the Nduma Defense of Congo-Renewal (NDC-R) and other groups, were responsible for at least 1,315 summary executions as of June 30, which the UNJHRO described as a “staggering increase” when compared with the 416 killings recorded during the same period in 2019.

b. Disappearance

There were reports of disappearances attributable to the SSF during the year. Authorities often refused to acknowledge the detention of suspects and sometimes detained suspects in unofficial facilities, including on military bases and in detention facilities operated by the National Intelligence Agency (ANR). The whereabouts of some civil society activists and civilians arrested by the SSF remained unknown for long periods. Despite President Tshisekedi’s promise to grant the United Nations access to all detention facilities, some ANR prisons remained hidden and thus were impossible to access.

UNJHRO reported that on February 22, PNC agents allegedly arbitrarily arrested and illegally detained two men in Kalemie, the capital of Tanganyika Province. The two were arrested on the grounds that they were fighting in public. On February 24, a family member went to the police station to visit the men and was informed that they had escaped. Since the arrest, however, the family had not heard from the two men.

MONUSCO reported that on June 9, a man in Kinshasa was the victim of an enforced disappearance. Prior to his disappearance, the victim reportedly informed a relative of a dispute between himself and a FARDC officer living in Camp Kokolo, a military facility in Kinshasa. As of September a military justice investigation was underway.

IAGs kidnapped numerous persons, generally for forced labor, military service, or sexual slavery. Many of these victims disappeared (see section 1.g.).

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

The law criminalizes torture, but there were credible reports the SSF continued to abuse and torture civilians, particularly detainees and prisoners. Throughout the year activists circulated videos of police beating unarmed and nonviolent protesters.

Local media reported that on June 13, an ANR agent in Kalemie, Tanganyika Province, arrested and flogged a businessman accused of counterfeiting U.S. currency. The man was summoned to the ANR office five days after making a purchase in a store in Kalemie. The ANR agent allegedly whipped the man’s lower body to force a confession. A photograph of the man circulated on social media showing him bloody with his pants down. The man was hospitalized due to his injuries. In response Human Rights Minister Andre Lite called for an investigation, noting the government had a policy of zero tolerance for torture. As of November the investigation continued.

On July 28, PNC agents in Kisangani, Tshopo Province, arrested three members of the Filimbi citizen movement after they protested the refusal of Tshopo provincial Governor Walle Lufungula to resign after being censured by the provincial legislature. Filimbi and other civil society groups reported they had followed all appropriate legal requirements for organizing a public march. Local human rights defenders reported police tortured and mistreated the Filimbi activists while they were under arrest, with one sent to the hospital following their release on July 30.

Human Rights Minister Andre Lite publicly condemned the governors of Equateur, Mongala, Sankuru, Haut Uele, and Kasai Central Provinces for ordering the torture of political dissidents.

According to the Conduct in UN Field Missions online portal, there were 30 open allegations of sexual exploitation and abuse by Congolese peacekeepers deployed to UN peacekeeping missions, including three from 2019, one from 2018, one from 2017, 18 from 2016, and seven from 2015. As of September the government had not yet provided the accountability measures taken for all 30 open allegations: 17 cases of rape of a child, three cases of sexual assault of or sexual activity with a child, one case of rape of an adult, five cases of transactional sex with an adult, three cases of sexual assault of an adult, and one case of an exploitative relationship with an adult. Impunity among the FARDC for such actions was a problem, though the government continued to make progress in holding security forces accountable for human rights violations and abuses. The ongoing conflict in eastern DRC impeded some efforts at accountability for such actions. The United Nations reported that the military justice system investigated human rights abuses and convicted officers for crimes of sexual violence, murder, arbitrary arrest, and torture.

Impunity among the FARDC for such actions was a problem, though the government continued to make progress in holding security forces accountable for human rights violations and abuses. The ongoing conflict in eastern DRC impeded some efforts at accountability for such actions. The United Nations reported that the military justice system investigated human rights abuses and convicted officers for crimes of sexual violence, murder, arbitrary arrest, and torture.

Prison and Detention Center Conditions

Conditions in most prisons throughout the country were harsh and life threatening due to food shortages, gross overcrowding, and inadequate sanitary conditions and medical care. Even harsher conditions prevailed in small detention centers run by the ANR, Republican Guard (RG), or other security forces, which often detained prisoners for lengthy pretrial periods without providing them access to family or legal counsel.

Physical Conditions: Central prison facilities were severely overcrowded, with an estimated occupancy rate of 200 percent of capacity. For example, Makala Central Prison in Kinshasa, which was constructed in 1958 to house 1,500 prisoners, held as many as 8,200 inmates simultaneously during the year. In August 2019 the National Human Rights Council published findings from visits to prisons in each of the country’s 26 provinces in 2018. The council found that all except four prisons were grossly overcrowded and most buildings used for detention were originally built for other purposes. For example, in Kamina, Upper Lomami Province, 244 prisoners were being held in a former train station. In Isiro, Upper Uele Province, 96 men were detained in a beer warehouse. In Bunia, Ituri Province, 1,144 prisoners were held in a former pigsty.

Following the visit of UN High Commissioner for Human Rights Michelle Bachelet in January, the government began an initiative to decongest prisons. That process accelerated during the COVID-19 pandemic, and as of June 30, at least 2,843 prisoners had been released.

Authorities generally confined men and women in separate areas but often held juveniles with adults. Women were sometimes imprisoned with their children. Authorities rarely separated pretrial detainees from convicted prisoners.

Serious threats to life and health were widespread and included violence (particularly rape); food shortages; and inadequate potable water, sanitation, ventilation, temperature control, lighting, and medical care. Poor ventilation subjected detainees to extreme heat. Most prisons were understaffed, undersupplied, and poorly maintained, leading to corruption and poor control of the prison population, as well as prison escapes. Local media reported that the Ministry of Justice, which oversees prisons, did not have enough money to pay for food or medical care for inmates. The United Nations reported that through June 30, 89 individuals had died in detention, a 16 percent decrease, compared with 106 deaths recorded in the same period in 2019. These deaths resulted from malnutrition, poor sanitation conditions, and lack of access to proper medical care. Because inmates received inadequate supplies of food and little access to water, many relied exclusively on relatives, NGOs, and church groups to provide them sustenance.

Local human rights organizations reported that during a 30-day period in January, at least 49 inmates in Kinshasa’s Makala Central Prison died of malnutrition and related diseases, with another 69 prisoners in Bukavu, South Kivu Province, and 44 in Goma, North Kivu Province, starving to death between October 2019 and February. On May 3, 20 inmates escaped from the central prison in Watsa, Haut Uele Province, by removing the facility’s roof; in the wake of the incident, the prison director admitted many of the prisoners were suffering from malnutrition.

Directors and staff generally ran prisons for profit, selling sleeping arrangements to the highest bidders and requiring payment for family visits. According to a Deutsche Welle report in May, prisoners in Kasai-Oriental capital Mbuji Mayi’s central prison and at the Ndolo military prison in Kinshasa were subject to gross overcrowding and had to pay prison officials for sleeping space.

IAGs detained civilians, often for ransom. Survivors reported to MONUSCO they were often subjected to forced labor (see section 1.g.).

Administration: Authorities denied access to visitors for some inmates and often did not permit inmates to contact or submit complaints to judicial authorities.

Independent Monitoring: The government regularly allowed the International Committee of the Red Cross, MONUSCO, and NGOs access to official detention facilities maintained by the Ministry of Justice, but it sometimes denied access to facilities run by the RG, ANR, and military intelligence services. COVID-19 prevented internal travel, thus negatively affecting monitoring efforts.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest or detention, but the SSF routinely arrested or detained persons arbitrarily (see section 1.e.). IAGs also abducted and detained persons arbitrarily, often for ransom. Survivors reported to MONUSCO they were often subjected to forced labor (see section 1.g.).

Arrest Procedures and Treatment of Detainees

By law arrests for offenses punishable if convicted by more than six months’ imprisonment require warrants. Detainees must appear before a magistrate within 48 hours. Authorities must inform those arrested of their rights and the reason(s) for their arrest, and they may not arrest a family member in lieu of the suspected individual. Authorities must allow arrested individuals to contact their families and consult with attorneys. Security officials, however, routinely violated all of these requirements.

While the law provides for a bail system, it generally did not function. Detainees who were unable to pay for a lawyer were rarely able to access legal counsel. Authorities often held suspects incommunicado, including in unofficial detention centers run by the ANR, military intelligence, and the RG, and refused to acknowledge these detentions.

Prison officials often held individuals longer than their sentences due to disorganization, inadequate records, judicial inefficiency, or corruption. Prisoners unable to pay their fines often remained indefinitely in prison (see section 1.e.).

Arbitrary Arrest: Security personnel arrested and detained civil society activists, journalists, and opposition party members and sometimes denied them due process (see sections 1.a., 2.a., and 5). Security forces regularly held protesters and civil society activists incommunicado and without charge for extended periods. The United Nations reported the SSF arbitrarily arrested at least 1,327 persons across the country as of June 30, compared with 2,947 persons during the same period in 2019. Human rights defenders continued to be subject to arbitrary arrest and detention without a fair public trial.

On January 20, Joseph Lokondo, a human rights activist, was arrested for criticizing the governor of Equateur Province, Dieudonne Boloko. He remained in pretrial detention until July 7, when, according to HRW, an appeal court sentenced him to six months in prison for “contempt for a member of the government.” On July 8, Lokondo was released due to time served. During his time in prison, he allegedly suffered from severe illnesses due to the prison conditions and from being assaulted by SSF during his arrest.

Police sometimes arbitrarily arrested and detained persons without filing charges to extort money from family members or because administrative systems were not well established.

The UNJHRO reported that on April 11, FARDC soldiers arbitrarily arrested and illegally detained at least 35 persons in Uvira, South Kivu Province, for not participating in scheduled weekly community work on the renovation of a road. The detainees were released after paying a fine.

Pretrial Detention: Prolonged pretrial detention, ranging from months to years, remained a problem. A local NGO, the Congolese Association for Access to Justice, estimated that between 75 and 80 percent of the prison population was in pretrial detention. Judicial inefficiency, administrative obstacles, corruption, financial constraints, and staff shortages also caused trial delays. According to a Deutsche Welle report in May, prisoners in Kasai-Oriental capital Mbuji Mayi’s central prison and at the Ndolo military prison in Kinshasa were often denied their right to a trial.

Detainees Ability to Challenge Lawfulness of Detention before a Court: Detainees are entitled to challenge in court the legal basis or arbitrary nature of their detention; however, few were able to obtain prompt release and compensation.

e. Denial of Fair Public Trial

Although the law provides for an independent judiciary, the judiciary was corrupt and subject to influence and intimidation. Officials and other influential individuals often subjected judges to coercion.

A shortage of prosecutors and judges hindered the government’s ability to provide expeditious trials, and judges occasionally refused transfers to remote areas where shortages were most acute because the government could not support them there. Authorities routinely did not respect court orders. Disciplinary boards created under the High Council of Magistrates continued to rule on cases of corruption and malpractice. Rulings included the firing, suspension, or fining of judges and magistrates.

Military magistrates are responsible for the investigation and prosecution of all crimes allegedly committed by SSF members, whether or not committed in the line of duty. Civilians may be tried in military tribunals if charged with offenses involving firearms. The military justice system often succumbed to political and command interference, and security arrangements for magistrates in areas affected by conflict were inadequate. Justice mechanisms were particularly ineffective for addressing misconduct by mid- and high-ranking officials due to a requirement the judge of a military court must outrank the defendant.

Trial Procedures

The constitution provides for a presumption of innocence, but this was not always observed. Authorities are required to inform defendants promptly and in detail of the charges against them, with free interpretation as necessary, but this did not always occur. The public may attend trials at the discretion of the presiding judge. Defendants have the right to a trial within 15 days of being charged, but judges may extend this period to a maximum of 45 days. Authorities only occasionally abided by this requirement. The government is not required to provide counsel in most cases, with the exception of murder trials. While the government regularly provided free legal counsel to indigent defendants in capital cases, lawyers often did not have adequate access to their clients. Defendants have the right to be present and to have a defense attorney represent them. Authorities occasionally disregarded these rights. Authorities generally allowed adequate time to prepare a defense, although there were few resources available. Defendants have the right to confront witnesses against them and to present evidence and witnesses in their own defense, but witnesses often were reluctant to testify due to fear of retaliation. Defendants are not compelled to testify or confess guilt. Defendants have the right to appeal, except in cases involving national security, armed robbery, and smuggling, which the Court of State Security usually adjudicates.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees during the year. In July, however, HRW reported that 11 persons during the year had been arrested for “contempt of authority,” a crime under the law. Of these 11 cases, one was arrested for allegedly insulting the president, while the other 10 were arrested for alleged contempt against provincial authorities or parliamentarians.

Local civil society groups claimed that 23 individuals still imprisoned for the 2001 assassination of former president Laurent-Desire Kabila were political prisoners, because they had yet to be given a fair trial.

While the government permitted international human rights and humanitarian organizations and MONUSCO access to some prisoners, authorities always denied access to detention facilities run by the RG, military intelligence, and ANR (see section 1.c.).

Civil Judicial Procedures and Remedies

Individuals may seek civil remedies for human rights violations within the civil court system. Most individuals, however, preferred to seek redress in the criminal courts.

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

Although the law prohibits arbitrary interference with privacy, family, home, or correspondence, the SSF routinely ignored these provisions. The SSF harassed and robbed civilians, entered and searched homes and vehicles without warrants, and looted homes, businesses, and schools. Family members were often punished for offenses allegedly committed by their relatives. The United Nations reported that as of June 30, military and police officers had committed 320 violations of the right to property.

g. Abuses in Internal Conflict

SSF continued fighting hundreds of disparate IAGs in the east of the country.

There were credible reports that the IAGs and SSF perpetrated serious human rights violations and abuses during internal conflicts. On June 30, the UNJHRO reported that IAGs in the country were responsible for a “staggering increase” in human rights abuses, noting that the number of abuses attributed to IAGs had increased by 91 percent during the same period in 2019. The United Nations reported that as of July 31, 41 members of armed groups were convicted of human rights abuses.

Conflicts continued in some of the eastern and northern provinces, particularly North Kivu, South Kivu, Tanganyika, Ituri, Maniema, Upper Uele, and Lower Uele, as well as in the Central Kasai region. IAGs continued to perpetrate violence against civilians; these include: the Nduma Defense of Congo-Renewal (NDC-R), the Democratic Forces for the Liberation of Rwanda (FDLR), Allied Democratic Forces (ADF), Lord’s Resistance Army, former fighters from the March 23 Movement, various Mai Mai (local militia) groups, and ethnically aligned militia groups in the Djugu area of Ituri Province, including those tied to the Congolese Development Cooperation (CODECO). Many IAGs originated in foreign countries or were predominantly composed of noncitizens.

Conflict among armed groups caused significant population displacement and led to many human rights abuses, especially in Ituri and North Kivu Provinces. In North Kivu Province, the NDC-R, Mai Mai Mazembe, ADF, FDLR, as well as a host of smaller armed groups fought among themselves and caused significant population displacements as they fought over territory. There were reports some elements within the FARDC collaborated with some factions of the NDC-R.

In July the International Crisis Group released a report on the past three years of intercommunal violence between Lendu and Hema groups in the Djugu area of Ituri Province. The report noted that most of the wave of violence had primarily been perpetrated by groups of Lendu youths, including the militia group CODECO, who were not necessarily well organized or supported by the majority of the Lendu community. These groups continued to attack Hema communities, other communal groups in the Djugu area, and the FARDC in increasingly brazen assaults, causing significant loss of life.

In a May report, the Congo Research Group assessed that the NDC-R, under commander Guidon Shimiray Mwissa (Guidon) between 2014 and 2020, emerged as the most dominant and effective rebel group in the country. The report described the NDC-R’s successful development of parallel governance and tax schemes in the large, resource-rich areas under its control. According to the Congo Research Group, the NDC-R’s success battling other major groups, such as the FDLR, allowed it to establish and maintain a collaborative relationship with the FARDC, in which NDC-R was permitted to hold territory, established businesses, and collected taxes, “mimicking the FARDC and the state.” In return, the FARDC supplied NDC-R with ammunition and uniforms and allowed the group unhindered passage through large swaths of the east. In July local media reported the group split after the ousting of the group’s commander, Guidon, and FARDC increased attacks on Guidon’s faction in an attempt to execute the existing warrant for his arrest. Other armed groups took advantage of this instability to move into NDC-R-controlled territory. As of November, Guidon remained at large.

Operational cooperation between MONUSCO and the government continued in the east. The MONUSCO Force Intervention Brigade supported FARDC troops in North Kivu and southern Ituri Provinces. MONUSCO forces deployed and conducted patrols to protect internally displaced persons from armed group attacks in North Kivu Province, southern Ituri Province, and South Kivu Province near Minembwe.

Killings: Data from UN reporting shows that on average, eight civilians were killed every day in conflict-affected areas.

As of June 30, the UNJHRO reported the SSF summarily killed 155 civilians in conflict-affected zones, a decrease compared with the 173 killings during the same period in 2019. In July the UN Office of the High Commissioner for Human Rights (OHCHR) released a report covering violence in North Kivu and Ituri Provinces between January 1, 2019, and January 31, 2020, related to the ADF and FARDC’s campaign against that group. The report identified abuses committed by SSF during the campaign against ADF, especially following a large-scale deployment in October 2019. The report described eight summary executions by the FARDC and the arbitrary arrests of 91 persons, including at least four children.

The United Nations reported that on May 7, during operations against IAGs in the Rutshuru territory of North Kivu, a FARDC soldier in the 3416 regiment killed a three-year-old girl and injured one man and two women during an eviction. The soldier was arrested and detained by the military prosecutor, who subsequently opened an investigation into the killing.

UNJHRO also reported that IAGs killed at least 1,315 civilians, including 129 women, in the first six months of the year, a significant increase from the same period in 2019, during which 416 civilians were killed. As of June 30, violence attributed to various Lendu militias in Ituri Province resulted in at least 636 summary executions and an estimated 1.2 million internally displaced persons. Djugu-based assailants in Ituri Province were responsible for killing at least 525 individuals, largely during ambushes and attacks against villages targeting civilians. Sixty-one civilian deaths were attributed to the NDC-R. MONUSCO reported that on January 6, NDC-R combatants killed two women, wounded one man and another woman with machetes, and abducted two other men, in Masisi territory of North Kivu. The attack was reportedly an act of revenge against the civilian population whom the NDC-R combatants accused of facilitating the arrest of one of their group.

The Mai Mai Nyatura group summarily executed 98 civilians in conflict-affected provinces in the first half of the year, while the FDLR summarily executed at least 66 civilians.

The OHCHR report in July attributed “widespread, systematic, and extremely brutal” human rights violations to the ADF, including at least 496 civilian deaths. In follow-up reporting covering events between February 1 and June 30, OHCHR identified an additional 383 killings attributed to the ADF. For example, on May 18, in Beni territory of North Kivu, ADF combatants killed seven civilians with gunfire and machetes and injured three others. The ADF fighters burned down four houses during the attack.

Abductions: Of the 1,327 persons SSF arbitrarily arrested, many were in conflict-affected areas in the east of the country.

UN agencies and NGOs reported IAGs abducted individuals, generally to serve as porters or guides or to demand ransom for them. As of June 30, the United Nations reported that Djugu-based militias abducted at least 201 civilians, and that in total, IAGs abducted at least 118 children. Mai Mai Mazembe and NDC-R were the greatest perpetrators of child abductions.

On May 18, in Lubero, North Kivu Province, NDC-R fighters detained at least 70 persons, whom they tied up and beat with sticks and a rifle. The assailants took the victims to a camp, where they were held for ransom and forced to build shelters and carry water. The ADF reportedly also abducted individuals to serve as forced labor in camps. The OHCHR’s July report stated that the ADF abducted 508 persons, including 116 children.

As of August 5, Invisible Children’s Crisis Tracker documented 212 abductions, including the abduction of 16 children in Upper Uele and Lower Uele Provinces. The Lord’s Resistance Army was determined to be responsible for 153 of the abductions.

Physical Abuse, Punishment, and Torture: The FARDC, PNC, ANR, IAGs, and civilians perpetrated widespread sexual violence. As of July 31, the United Nations documented 501 adult victims and 64 child victims of sexual violence in conflict. Crimes of sexual violence were sometimes committed as a tactic of war to punish civilians for having perceived allegiances to rival parties or groups. The crimes occurred throughout the country but principally in the conflict zones in North and South Kivu Provinces.

UN agencies and NGOs reported that through June 30, the FARDC arrested, illegally detained, raped, and tortured at least 378 persons in conflict-affected areas. During this period the FARDC forced 46 civilians, including one woman and one child, into labor. The government disputed these numbers.

IAGs also perpetrated numerous incidents of physical abuse and sexual violence. UN data showed that the FDLR, along with Twa militias and Djugu-based assailants, were the most prolific perpetrators of conflict-related sexual violence. The UNJHRO reported that most cases of rape committed by the FDLR took place in Nyiragongo territory, when women were on their way to Virunga National Park to collect firewood. MONUSCO reported that on May 2, in North Kivu’s Nyiragongo territory, FDLR combatants raped two women, killing one of them. Twa militia members tended to target women working on farms or on their way to or from farming. For example, in April, Twa militiamen raped 16 women on their farms in Tanganyika Province before forcing them into the forest for the night and releasing them the next morning.

The UNJHRO reported at least 95 adult women were victims of sexual violence perpetrated by the armed group FLDR. At least 30 children were victims of sexual violence perpetrated by NDC-R.

MONUSCO’s Child Protection Section reported that more than 80 percent of women and girls separated from armed group the Patriotic Resistance Forces of Ituri Province reported being victims of sexual violence. On February 14, a military court in Bunia, Ituri Province, convicted three members of the Patriotic Resistance Forces of Ituri of war crimes for rape, looting, and participation in an insurrectional movement. The three were sentenced to 20 years in prison.

On July 28, a military court in Bunia also convicted 15 members of CODECO and FPIC of participation in an insurrection movement, sentencing them each to 20 years in prison and a fine. In an effort to combat impunity for the violence in Ituri Province, the military court held the hearings in public.

On November 23, a military court convicted Nduma Defense of Congo (NDC) founder Ntabo Ntaberi Sheka for war crimes, mass rape, recruitment of child soldiers, murder, and multiple other crimes. Sheka surrendered to MONUSCO in 2017, and his trial started in 2018. While NGO representatives commended the high quality of evidence presented at the trial, they also raised concerns regarding its slow pace, witness intimidation, and the lack of appeals process under the law for war crimes trials.

A January report by OHCHR described mutilations, dismemberment, and other atrocities committed by Lendu militias and noted that the violence “could present at least some elements of the crime of genocide.”

Child Soldiers: There were no incidents of the FARDC using child soldiers. On August 3, the Ministry of Defense issued a decree reinforcing the prohibition on recruitment or use of child soldiers by the FARDC.

According to the United Nations, at least 952 children were separated from IAGs during the first six months of the year. The majority came from the Mai Mai Mazembe militia in North Kivu. The ADF continued to kidnap children and use them as combatants; OHCHR reported that the ADF forcibly recruited at least 56 children from January 2019 through January. NDC-R also recruited and used children. MONUSCO’s Child Protection Section reported 59 cases of child recruitment as of June 30, an all-time low number, and a significant decrease from the 601 children recruited in 2019.

The government continued to work with MONUSCO to engage directly IAGs to end the use of child soldiers. As of June 30, two years into the outreach, a total of 34 armed group commanders had pledged not to use or recruit children. The Ministry of Defense’s August 3 decree noted that any entity, including armed groups, convicted of recruiting or using children would be subject to 10 to 20 years of forced labor under the 2009 child protection law. On August 27, Radio Okapi reported the decree was already being implemented.

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

Other Conflict-related Abuse: Fighting between the FARDC and IAGs as well as among IAGs continued to displace populations and limit humanitarian access, particularly in Ituri Province; Rutshuru, Masisi, Walikale, Lubero, Beni, and Nyiragongo territories in North Kivu Province; South Kivu Province; Maniema Province; and Tanganyika Province.

In North Kivu, South Kivu, Ituri, Kasai Oriental, and Upper Katanga Provinces, both IAGs and elements of the FARDC continued to illegally tax, exploit, and trade natural resources for revenue and power. Clandestine trade in minerals and other natural resources facilitated the purchase of weapons and reduced government revenues. The natural resources most exploited were gold, cassiterite (tin ore), coltan (tantalum ore), and wolframite (tungsten ore) but also included wildlife products, timber, charcoal, and fish.

The illegal trade in minerals financed IAGs and individual elements of the SSF. Both elements of the SSF and certain IAGs continued to control, extort, and threaten remote mining areas in North Kivu, South Kivu, Ituri, Maniema, and Haut Katanga Provinces and the Kasai region (see section 4.).

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of speech, including for the press, but the government did not always respect this right. The press frequently and openly criticized public officials and public policy decisions. Individuals generally could criticize the government, its officials, and other citizens in private without being subject to official reprisals. Public criticism, however, of government officials and corruption sometimes resulted in intimidation, threats, or arrest. Provincial-level governments also prevented journalists from filming or covering some protests. Through June 30, the UNJHRO documented human rights abuses against at least 47 journalists and other media professionals. An HRW report in July stated that provincial-level officials were using the national state of emergency related to COVID-19 to restrict press freedoms and detain journalists and activists who criticized them or their policies.

Freedom of Speech: The law prohibits insulting the head of state, malicious and public slander, and language presumed to threaten national security. Authorities sometimes intimidated, harassed, and detained journalists, activists, and politicians when they publicly criticized the government, president, or SSF.

On July 9, Henri Maggie, the vice-president of the youth league for former president Joseph Kabila’s People’s Party for Reconstruction and Democracy, was sentenced to 18 months in prison for contempt of President Felix Tshisekedi, under provisions of a 1963 ordinance that prohibits individuals from publicly insulting the head of state.

On May 9, in Lisala, Mongala Province, three activists–Peter Tetunabo, Taylor Engonga, and Yannick Mokanga–along with journalist Fabrice Ngani, were arrested when they delivered a note to the provincial parliament criticizing the governance record of Governor Crisbin Ngbundu Malengo. By June 8, all four had been released. According to Reporters without Borders, on June 17, provincial authorities revoked reporting credentials from Ngani and five other journalists.

Freedom of Press and Media, Including Online Media: The law mandates the High Council for the Audiovisual and Communications to provide for freedom of the press and equal access to communications media and information for political parties, associations, and citizens. A large and active private press functioned in Kinshasa and in other major cities, and the government licensed a large number of daily newspapers. Radio remained the principal medium of public information due to limited literacy and the relatively high cost of newspapers and television. The state owned three radio stations and three television stations, and the former president’s family owned two additional television stations. Government officials, politicians, and to a lesser extent church leaders, owned or operated the majority of media outlets.

The government required newspapers to pay a one-time license fee and complete several administrative requirements before publishing. Broadcast media were subject to a Directorate for Administrative and Land Revenue advertisement tax. Many journalists lacked professional training, received little or no set salary, could not access government information, and exercised self-censorship due to concerns of harassment, intimidation, or arrest.

In November local NGO Journalists in Danger (JED) reported 116 cases of attacks on media from November 2019 to October and attributed 35 of these attacks to ANR and PNC agents. Another 48 were attributed to provincial and local political authorities. JED reported one journalist killed, one disappeared, nine incarcerated, and 31 detained for more than the legal limit of 48 hours without being charged. At year’s end the government had not sanctioned or charged any perpetrator of press freedom violations.

Violence and Harassment: Local journalists were vulnerable to intimidation and violence by the SSF.

HRW reported that on May 8, government security forces stopped three journalists working for Radio Fondation–Daniel Madimba, Serge Kayeye, and Jean-Baptiste Kabeya–at a roadblock on the outskirts of Mbuji-Mayi, Kasai Oriental Province. The two were accused of insulting Provincial Governor Jean Maweja Muteba and were subsequently assaulted. The following day, police arrested the radio station’s program director, Faustin Mbiya, interrogated him, and accused him of “contempt of authority” and “public insult.” On May 13, Mbiya was released without charge.

Local media reported that on July 4, PNC officers in Kinshasa detained Ange Makadi Ngoy, a journalist for the online news site 7sur7.cd, as she filmed protests. Ange stated the officers confiscated her press badge and equipment.

Local media also reported that on July 12, the ANR arrested Patrick Palata, director of the Tala Tala TV station in Matadi, Kongo Central Province, for having broadcast a report on the shooting death of a local woman. Authorities confiscated his recordings, which contained witness testimony alleging that guards of Governor Atou Matubouana killed the woman. On July 14, Palata was released without charge.

Censorship or Content Restrictions: While the High Council for Audiovisual and Communications is the only institution with legal authority to restrict broadcasts, the government, including the SSF and provincial officials, also exercised this power.

Media representatives reported they were pressured by provincial government authorities not to cover events organized by the opposition or report news concerning opposition leaders.

JED reported that on May 26, Crispin Ngbundu, governor of Mongala Province, ordered the closure of four radio stations: Radio Mongala, The Voice of Bumba, The Rural Radio of Bumba, and Radio Mwana Mboka. Ngbundu’s orders accused radio journalists of defamation and insulting provincial authorities. On June 17, Mongala provincial authorities issued an order for the immediate dismissal of six journalists from three of those stations: Fabrice Ngani, Victor Mbonzo, Tresor Emaka, and Jose Lingili from the Voice of Bumba; Olivier Peguy Yenga of Radio Mongala; and Benjamin Mondonga of Radio Mwana Mboka.

Libel/Slander Laws: The law does not consider the veracity of reported facts in the case of a defamation complaint. Instead, the judge is only to consider the damage to the accused from revelations in a journalist’s work.

The national and provincial governments used defamation laws to intimidate and punish critics. On April 24, according to HRW, police in Gemena, Sud Ubangi Province, arrested Alexandre Robert Mawelu, a reporter for Radio Liberte, after he had criticized the provincial governor in a social media forum linked to his radio show. On April 29, Mwelu was granted provisional release, but he still faced official charges of “contempt for a member of the government” and “defamatory statements” as of the end of July.

National Security: The national government used a law that prohibits anyone from making general defamatory accusations against the military to restrict free speech.

Nongovernmental Impact: IAGs and their political wings regularly restricted press freedom in the areas where they operated.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were some reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The constitution provides for freedom of peaceful assembly, but government authorities restricted this right and prevented those critical of the government from exercising their right to peaceful assembly, especially in Upper Uele, North Kivu, and Tanganyika Provinces. The law requires organizers of public events to notify local authorities in advance of the event. The government sometimes used this advance notification requirement to decline to authorize public meetings or protests organized by opposition parties or civil society groups critical of the government. During the COVID-19-related state of emergency, which lasted from March 24 through August 15, public gatherings of more than 20 persons were banned. The SSF beat, detained, or arrested persons participating in protests, marches, and meetings. The SSF also used tear gas, rubber bullets, and at times live ammunition, resulting in numerous civilian deaths and injuries.

Local media reported that on January 17, meetings called by opposition leader Martin Fayulu were banned in six cities. Protesters in Kinshasa and Kindu were violently dispersed.

The United Nations recorded 57 human rights violations committed by state agents related to the COVID-19 state of emergency. For example, on April 4, PNC officers arrested 14 members of the youth activist group LUCHA in Kinshasa as they were preparing to submit documentation to a COVID-19 working group. Police also beat some of them. The victims were accused of failing to comply with the state of emergency’s limit on gatherings of more than 20 individuals.

On July 9, local media also reported that police in Kinshasa broke up a street protest against the COVID-19-related closure of the Zando market. During the scuffle three persons were killed, two were electrocuted by downed power lines, and one was crushed by the stampeding crowd.

MONUSCO reported that the majority of human rights abuses during the state of emergency came from individual SSF agents taking advantage of the situation to mistreat, arbitrarily arrest, or extort victims. The UNJHRO reported that on April 4, PNC officers arbitrarily arrested a woman and her daughter in Nyaragongo, North Kivu Province, under the pretext that the provincial governor’s public health orders allowed police to arrest anyone caught chatting in the streets. The two women were forced to give police a bribe in order to be released.

The UNJHRO reported more restrictions on democratic space and human rights violations related to fundamental freedoms, compared with the same period in 2019. In the first six months of the year, the office documented 573 violations of democratic space, compared with 461 violations recorded during the same period in 2019. These included restrictions on freedom of assembly, the right to liberty and security of person, and of the right to freedom of opinion and expression.

Freedom of Association

The constitution provides for freedom of association, and the government generally respected this right. Civil society organizations and NGOs are required to register with the government and may receive funds only through donations; they may not generate any revenue, even if it is not at a profit. The registration process was burdensome and very slow. Some groups, particularly within the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community, reported the government had denied their registration requests. Many NGOs reported that, even when carefully following the registration process, it often took years to receive certification. Many interpreted registration difficulties as intentional government obstacles for impeding NGO activity.

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. The government sometimes restricted these rights.

In-country Movement: The SSF established barriers and checkpoints on roads and at airports and markets, both for security reasons and to track movement related to the Ebola and COVID-19 outbreaks. Travel was significantly restricted during the COVID-19 state of emergency. The SSF routinely harassed and extorted money from civilians for supposed violations, sometimes detaining them until they or a relative paid. The government required travelers to submit to control procedures at airports and ports during domestic travel and when entering and leaving towns. IAGs engaged in similar activity in areas under their control, routinely extorting civilians at checkpoints and holding them for ransom.

Local authorities continued to collect illegal taxes and fees for boats to travel on many parts of the Congo River. There also were widespread reports FARDC soldiers and IAG combatants extorted fees from persons taking goods to market or traveling between towns (see section 1.g.).

The SSF sometimes required travelers to present travel orders from an employer or government official, although the law does not require such documentation. The SSF often detained and sometimes exacted bribes from individuals traveling without orders.

Foreign Travel: Because of inadequate administrative systems, passport issuance was irregular. Officials accepted bribes to expedite passport issuance, and there were reports the price of fully biometric passports varied widely.

e. Status and Treatment of Internally Displaced Persons

The UN Office of the High Commissioner on Refugees (UNHCR) estimated that, including individuals displaced for longer than 12 months, there were 5.5 million internally displaced persons (IDPs), including 3.2 million children, in the country. The government was unable to consistently protect or assist IDPs adequately but generally allowed domestic and international humanitarian organizations to do so. The government sometimes closed IDP camps without coordinating with the international humanitarian community. UNHCR and other international humanitarian organizations worked to close IDP sites where the security situation was relatively stable.

Conflict, insecurity, and poor infrastructure adversely affected humanitarian efforts to assist IDPs. In August, UNHCR stated there were 1.7 million IDPs in Ituri Province; the agency had no access to certain zones in the region due to insecurity and inability to travel. Due to lack of funding, the humanitarian response plan for the country targeted only half of the persons in need in Ituri Province. Population displacements continued, particularly in the east. Many areas with IDPs continued to experience insecurity, such as North Kivu’s Beni Territory, Ituri Province, South Kivu’s Fizi Territory, and Maniema and Tanganyika Provinces. Intercommunal violence and fighting among armed groups in the east resulted in continued population displacement and increased humanitarian needs for IDPs and host communities.

Due to the remote location, weak civilian authority, and insecurity of the Kasai region, humanitarian access was difficult, and IDPs lived in poor conditions without adequate shelter or protection. Women and girls were particularly vulnerable to sexual violence, including gang rape. UNHCR representatives stated that 4,500 Congolese were forcibly repatriated from Angola in May and June. Seventy percent of returnees lingered along the DRC-Angola border, waiting to return to Angola if and when the situation there improved.

Combatants and other civilians abused IDPs. Abuses included killings, sexual exploitation of women and children (including rape), abduction, forced conscription, looting, illegal taxation, and general harassment.

f. Protection of Refugees

The government occasionally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

As of June 30, UNHCR reported 528,752 refugees in the country, primarily from seven adjacent countries, of whom approximately 214,000 were from Rwanda. Of the refugees in the country, 63 percent were children.

Abuse of Migrants, Refugees, and Stateless Persons: Continuing conflict in North and South Kivu, Ituri, Upper Uele, and Tanganyika Provinces harmed refugees and IDPs in the regions, with attacks often resulting in deaths and further displacement. UNHCR reported Rwandan refugees in the Masisi Territory of North Kivu were subject to cyclical displacement as a result of FARDC and IAG operations and were forced to relocate to South Kivu Province.

Incursions by South Sudanese forces into areas of northern DRC affected security for asylum seekers, refugees and Congolese returnees, as well as local populations.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government established a rudimentary system for providing protection to refugees. The system granted refugee and asylum status and provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

As of June 30, there were 2,807 asylum seekers in the country. The government cooperated with UNHCR and other humanitarian organizations in assisting refugees and asylum seekers with welfare and safety needs. The government assisted in the safe, voluntary return of refugees to their homes by allowing their entry into the country and facilitating immigration processing. In establishing security mechanisms, government authorities did not treat refugees differently than citizens.

Durable Solutions: As of September, more than 1,100 refugees returned to the Central African Republic from the northern part of the country. COVID-19 restrictions prevented other voluntary returns.

The country did not invoke the cessation clause effective in 2013 for Rwandan refugees who fled Rwanda before the end of 1998. In 2016 the government joined other refugee-hosting countries and UNHCR to commit to facilitating repatriation of Rwandans from countries of asylum. To implement the tripartite agreement from 2014, the National Commission on Refugees and UNHCR began in 2016 the process of biometrically registering Rwandan refugees who opted to remain in the country. Refugees received long-term, renewable permits to remain in the country. The program included a path to citizenship. Conflict impeded the process in North Kivu, where most of the refugees were located. UNHCR continued to support voluntary repatriation, and between January and August it assisted in repatriating 499 Rwandan refugees.

In late December 2019, local media reported that 1,919 Rwandan refugees in South Kivu Province were repatriated following a FARDC offensive against IAGs in the area. The population included former combatants and their family members. Of this population, 529 were refugees registered with UNHCR. UNHCR was unable to meet with the refugee population prior to the event to ascertain whether their return to Rwanda was voluntary. The event was not in accord with the UNHCR-DRC-Rwanda Tripartite Agreement on refugee returns.

As of September 30, UNHCR reported 281 refugees voluntarily returned to Burundi.

Temporary Protection: The government provided temporary protection to an undetermined number of individuals who may not qualify as refugees (see section 1.g.).

g. Stateless Persons

The country has a population of de facto stateless residents and persons at risk of statelessness, including persons of Sudanese origin living in the northeast, Mbororo pastoralists in the far north, forced returnees from Angola and former Angolan refugees, mixed-race persons who are denied naturalization, and Congolese citizens without civil documentation. There were no accurate estimates of this population’s size. The law does not discriminate in granting citizenship on the grounds of gender, religion, or disability; however, the naturalization process is cumbersome and requires parliamentary approval of individual citizenship applications. Persons whose names are not spelled according to local custom were often denied citizenship, as were individuals with lighter colored skin. Persons without national identification cards were sometimes arbitrarily arrested by the SSF.

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: Presidential, legislative, and provincial elections were held in December 2018 and drew criticism grounded in procedural transparency concerns. The National Independent Electoral Commission (CENI) cancelled elections in Beni and Butembo in North Kivu Province, reportedly due to health concerns generated by the Ebola crisis, and in Yumbi in Mai Ndombe Province due to insecurity. Although the CENI organized legislative and provincial contests in those areas in March 2019, more than one million voters were disenfranchised from the presidential contest.

In January 2019 the CENI announced opposition candidate Tshisekedi won the presidential election, and in accordance with electoral law, the Constitutional Court confirmed the CENI’s results later that month. In a statement the council of bishops criticized the outcome, noting “the results of the presidential election as published by the CENI do not correspond to the data collected by our observation mission.”

Many international actors expressed concern regarding the CENI’s decision to deny accreditation to several international election observers and media representatives. Some persons questioned the final election results due to press reports of unverified data leaked from unnamed sources indicating opposition candidate Martin Fayulu received the most votes. The election aftermath was calm, with most citizens accepting the outcome. In January 2019 Tshisekedi was sworn in as president, marking the first peaceful transfer of power since the country’s independence in 1960.

Tshisekedi’s Union for Democracy and Social Progress political party won 32 seats in the National Assembly, whereas the Common Front for Congo coalition won 335 seats of 500 seats total. Senatorial elections were held in March 2019 through an indirect vote by provincial assemblies.

Political Parties and Political Participation: The law recognizes opposition parties and provides them with “sacred” rights and obligations. Government authorities and the SSF, however, prevented opposition parties from holding public meetings, assemblies, and peaceful protests. The government and the SSF also limited opposition leaders’ freedom of movement. The SSF used force to prevent or disrupt opposition-organized events.

State-run media, including television and radio stations, remained the largest sources of information for the public and government (see section 2.a.). There were reports of government intimidation of political opponents, such as denying opposition groups the right to assemble peacefully (see section 2.b.), and exercising political influence in the distribution of media content.

In a number of districts, known as chefferies, traditional chiefs perform the role of a local government administrator. Unelected, they are selected based on local tribal customs (generally based on family inheritance) and if approved are paid by the government.

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, although some ethnic groups in the restive east claimed discrimination. Women held 10 percent of seats in the National Assembly (52 of 500) and 10 percent in the provincial assemblies (72 of 690). In April 2019 Jeanine Mabunda was named president of the National Assembly, the second time a woman has held that position. Of 108 senators, 23 were women. Among the 66 government vice prime ministers, ministers, ministers of state, vice ministers, and minister delegates, 12 were women, an increase in the total number from that of the previous government (from 10 percent of 59 such positions to 17 percent of 65 such positions). Some observers believed cultural and traditional factors prevented women from participating in political life to the same extent as men.

Some groups, including indigenous persons, claimed they had no representation in the Senate, National Assembly, or provincial assemblies. Discrimination against indigenous groups continued in some areas, such as Equateur, East Kasai, and Upper Katanga Provinces, and contributed to their lack of political participation (see section 6).

The national electoral law prohibits certain groups of citizens from voting in elections, in particular members of the armed forces and the national police.

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 frequently engaged in corrupt practices with impunity. Local NGOs blamed these levels of corruption, in part, to the lack of a law providing for access to public information.

In March, President Tshisekedi created the Agency for the Prevention and Fight against Corruption (APLC). A special service under the Office of the President, the APLC is responsible for coordinating all government entities charged with fighting corruption and money laundering, conducting investigations with the full authority of judicial police, and overseeing transfer of public corruption cases to appropriate judicial authorities.

Corruption: Corruption by officials at all levels as well as within state-owned enterprises continued to deprive state coffers of hundreds of millions of dollars per year. In an interview on social media in April, former presidential corruption advisor Luzolo Bambi and Director of the Congolese Association for Access to Justice Georges Kapiamba alleged that the government lost approximately $15 billion per year due to corruption.

On March 23, the Court of Cassation convicted former minister of health Oly Ilunga Kalenga and his financial advisor Ezechiel Mbuyi Mwasa of embezzling $400,000 in funds intended for the Ebola outbreak response. Both were sentenced to five years in prison.

On June 20, Vital Kamerhe, the chief of staff to President Tshisekedi, was convicted by a Kinshasa court of a range of charges, including embezzlement of public funds, money laundering, and corruption. Kamerhe was sentenced to 20 years in prison, fined several million dollars, and stripped of the right to vote and hold public office for 10 years after serving his sentence. The court found Kamerhe responsible for embezzling tens of millions of dollars earmarked for President Tshisekedi’s 100 Days infrastructure development program. Two codefendants were also found guilty on corruption charges: Lebanese businessman Jammal Samih and presidency advisor on import/export matters Jeannot Muhima. Kamerhe’s sentence was the highest-level conviction of a public servant in the country’s history.

On June 23, the same Kinshasa court convicted two government officials–Benjamin Wenga, director of the Office of Roads and Drainage, and Fulgence Bamaros, director of the National Road Maintenance Fund–of embezzlement. Both Wenga and Bamaros were sentenced to three years in prison for their role in misappropriating funds from Tshisekedi’s 100 Days program. A codefendant, director of the Congolese Construction Company Modese Makabuza, was found guilty of complicity and sentenced to one year of forced labor.

Office of Roads Director Herman Mutima was imprisoned for nearly six months due to corruption allegations related to the 100 Days program. On August 22, he was acquitted by a Kinshasa court and released from jail.

In January the Congolese Association for Access to Justice released a report accusing parastatal mining company Gecamines of failing to repay a $222 million loan from Fleurette Mumi, a company owned by sanctioned businessman Dan Gertler. Reuters reported that prosecutors were investigating possible money laundering and fraud related to the 2017 loan, and Yuma was barred from leaving the country. In a May Council of Ministers meeting, President Tshisekedi instructed the minister of portfolio to submit a detailed report on the allegations. As of November the investigation continued.

Elements of the SSF were undisciplined and corrupt. PNC and FARDC units regularly engaged in illegal taxation and extortion of civilians. They set up checkpoints to collect “taxes,” often stealing food and money and arresting individuals who could not pay bribes. The UNJHRO reported that during the COVID-19 state of emergency, the SSF took advantage of government restrictions to mistreat and extort civilians for not observing orders on curfew or wearing masks.

The law prohibits the FARDC from engaging in mineral trade, but the government did not effectively enforce the law. Criminal involvement by some FARDC units and IAGs included protection rackets, extortion, and theft. The illegal trade in minerals was both a symptom and a cause of weak governance. It illegally financed IAGs and individual elements of the SSF and sometimes generated revenue for traditional authorities and local and provincial governments. A 2019 report from the International Peace Information Service (IPIS), a Belgian research group, determined that in the trading hub of Itebero, North Kivu Province, traders paid $10 per ton of coltan to the president of the local trading association, who distributed this money to the FARDC, ANR, and Directorate General for Migration. Individual FARDC commanders also sometimes appointed civilians with no overt military connection to manage their interests at mining sites covertly.

Artisanal mining remained predominantly informal and illicit and strongly linked to both armed groups and certain elements of the FARDC. Artisanal mining products, particularly gold, were smuggled into Uganda and Rwanda, often with the connivance of government officials. In June the UN Group of Experts reported that the country’s “gold sector remained vulnerable to exploitation by armed groups and criminal networks…” thereby hindering traceability programs and the viability of legal trading. The report highlighted that Ituri Province was a major source of smuggled gold found in Uganda. The Group of Experts determined that Mai Mai Yakutumba financed its activities through gold from sites in Misisi, in South Kivu Province. Similarly, Mai Mai Malaika profited from artisanal gold mining at the Namoya Mining site in Salamabila, in Maniema Province. The UN Group of Experts also reported that FARDC soldiers regularly accepted bribes from artisanal miners to access the Namoya site, which was owned by the Banro Mining Corporation. Mining experts and law enforcement officers interviewed in the report described natural resource-related crimes as “quick cash” and explained that violators often bribed law enforcement agencies to secure safe transit of illegal goods.

As of 2017 research by IPIS estimated 44 percent of artisanal mine sites in the east were free of illegal control or taxation from either elements of the SSF or IAGs, 38 percent were under the control of elements of the FARDC, and the remainder were under the control of various armed groups. In areas affected by conflict, both IAGs and elements of the SSF regularly set up roadblocks and ran illegal taxation schemes. In 2019 IPIS published data showing state agents regularly sold tags meant to validate clean mineral supply chains. The validation tags–a mechanism designed to reduce corruption, labor abuses, trafficking in persons, and environmental destruction–were regularly sold to smugglers.

A June report from the UN Group of Experts found armed groups regularly financed their activities through illegal mining. The report documented cases of certain FARDC units involved in the illegal exploitation of gold resources. In Fizi, South Kivu Province, the Kachanga mine was controlled by some FARDC members, who collected a daily fee from anyone entering the mine. According to the report, that money was sent to the military hierarchy of the 33rd military region. Members of the 3306th regiment also allegedly provided protection to gold dredging company Congo Bluant Minerals, in Mwenga and Shabunda, South Kivu Province, despite the company’s operations having been officially suspended in 2019.

The UN Group of Experts also reported that several armed groups, including Alliance of Patriots for a Free and Sovereign Congo, Mai Mai Nyatura, Force for the Defense of Human Rights, Mai Mai Malaika, and Mai Mai Yakutumba financed activities through the control of artisanal gold and coltan mining sites in North and South Kivu Provinces.

As in previous years, a significant portion of the country’s enacted budget included off-budget and special account allocations that were not fully published. These accounts facilitated graft by shielding receipts and disbursements from public scrutiny. The special accounts pertained to eight parastatal organizations that raised revenues that were not channeled through the government’s tax collection authorities. “Special accounts” are subjected to the same auditing procedures and oversight as other expenditures; however, due in large part to resource constraints, the Supreme Audit Authority did not always publish its internal audits, or in many cases published them significantly late. Under the Extractive Industries Transparency Initiative standard of 2016, the government is required to disclose the allocation of revenues and expenditures from extractive companies. In June 2019 the Extractive Industries Transparency Initiative board noted the country had made meaningful progress in its implementation of the 2016 standard but also expressed concern regarding persistent corruption and mismanagement of funds in the extractive sector.

In September local media reported that the financial inspector general was investigating the management of both the Bukangalonzo agroindustrial park and the Go-Pass airport tax, as part of its efforts to inform the population of extant cases of financial wrongdoing.

Financial Disclosure: The law requires the president and ministers to disclose their assets to a government committee. The president and all ministers and vice ministers reportedly did so when they took office. The committee had yet to make this information public.

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

Elements of the SSF continued to kill, harass, beat, intimidate, and arbitrarily arrest and detain domestic human rights advocates and domestic NGO workers, particularly when the NGOs reported on or supported victims of abuses by the SSF or reported on the illegal exploitation of natural resources in the east. IAGs repeatedly targeted local human rights defenders for violent retribution when they spoke out against abuses. Representatives from the Ministry of Justice and the ANR met with domestic NGOs and sometimes responded to their inquiries.

Government Human Rights Bodies: During the year the National Commission on Human Rights published reports and made public statements on prison conditions, the Universal Periodic Review, and human rights violations during the COVID-19 state of emergency. It also held human rights training sessions for magistrates, visited detention centers, conducted professional development workshops for human rights defense networks in the interior, and followed up on complaints of human rights abuses from civilians.

The Human Rights Ministry made public statements condemning arbitrary arrests of journalists and human rights defenders and called for impartial investigations into April violence by the PNC and other state security forces in Kinshasa and Kongo Central during operations against the Bundu Dia Kongo group. The ministry also developed a plan for eliminating the worst forms of child labor in mining communities.

Both the National Commission on Human Rights and the Human Rights Ministry continued to lack sufficient funding for overhead costs and full-time representation in all 26 provinces.

The United Nations or Other International Bodies: The government cooperated at times with investigations by the United Nations and other international bodies but was not consistent in doing so. For example, the government refused to grant the United Nations access to certain detention centers, particularly at military installations such as military intelligence headquarters. The government and military prosecutors cooperated with the UN team supporting investigations related to the 2017 killing of two UN experts, Michael Sharp and Zaida Catalan, in Kasai Central Province. In May, Tresor Mputu Kankonde, a former leader of the Kamuina Nsapu militia, and one of the suspects alleged to be responsible for the killing of Sharp and Catalan, was arrested by military police in Kasai Central Province. In a press statement, the head of the Kasai Central military prosecutor’s office stated Mputu would be prosecuted for murder. On October 20, following six months during which it was put on hold due to COVID-19, the trial reconvened.

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

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

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

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

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

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

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

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

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

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

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

Members of National/Racial/Ethnic Minority Groups

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

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

Indigenous People

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

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

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

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

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

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

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

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

HIV and AIDS Social Stigma

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

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

Other Societal Violence or Discrimination

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide all workers, including those in both the informal and formal sectors, except top government officials and SSF members, the right to form and join trade unions and to bargain collectively. The law also provides for the right of most workers to conduct legal strikes. It is against the law, however, for police, army, directors of public and private enterprises, and domestic workers to strike. The law gives administrative authorities the right to dissolve, suspend, or deregister trade union organizations. It also grants unions the right to conduct activities without interference, although it does not define specific acts of interference. In the private sector, a minimum of 10 employees is required to form a union within a business, and a single business may include members of more than one union. Foreigners may not hold union office unless they have lived in the country for at least 20 years, a length of time deemed excessive by the International Labor Organization (ILO). Collective bargaining requires a minimum of 10 union committee members and one employer representative; union committee members report to the rest of the workforce. In the public sector, the government sets wages by decree after holding prior consultations with unions. Certain subcategories of public employees, such as staff members of decentralized entities (towns, territories, and sectors), do not have the right under the law to participate in the wage-setting consultations.

Union committees are required to notify company management of a planned strike, but they do not need authorization to strike. The law stipulates unions and employers shall adhere to lengthy compulsory arbitration and appeal procedures before unions initiate a strike. Generally the committee delivers a notice of strike to the employer. If the employer does not reply within 48 hours, the union may strike immediately. If the employer chooses to reply, negotiations, which may take up to three months, begin with a labor inspector and ultimately continue in the Peace Court. Sometimes, employees provide minimum services during negotiations, but this is not a requirement. Unless unions notify employers of a planned strike, the law prohibits striking workers from occupying the workplace during a strike, and an infraction of the rules on strikes may lead to incarceration of up to six months with compulsory prison labor. This rule was not enforced, and no one was reported to have been imprisoned.

The law prohibits discrimination against union employees and requires employers to reinstate workers dismissed for union activities, but the associated penalties were not adequate to deter violations. Penalties were not commensurate with penalties for other civil rights violations. The law considers those who have worked for a minimum of three continuous months as “workers” and thereby protected by relevant labor law. Unless they are part of a union, most workers in agricultural activities and artisanal mining, domestic and migrant workers, and workers in export-processing zones were unfamiliar with their labor rights and did not often seek redress when employers breached applicable labor laws.

The government recognizes 12 private-sector and public-enterprise unions at the national level. The public administration sector has a history of organizing, and the government negotiates with sector representatives when they present grievances or go on strike. Of the 15 national unions that represented the public administration sector, five accounted for the majority of the workers.

Workers exercised their right to strike. Workers in the public and private sectors held strikes regarding unpaid salaries. Local media reported that PNC officers occasionally violently broke up these protests. In May miners at Tenke Fungurume copper and cobalt mine went on strike and successfully demanded payment of a special allowance for continuing work while under a two-month quarantine due to COVID-19. Other mines were similarly placed under lockdown measures with quarantined workers raising concerns regarding overtime pay and unsafe working conditions, but it was unclear how and whether matters were resolved.

The government did not effectively enforce the law. In small and medium-sized businesses, workers could not effectively exercise the right to strike. Due to lax enforcement of labor regulations and lack of funding for the General Labor Inspectorate, companies and shops could immediately replace any workers attempting to unionize, bargain collectively, or strike with contract workers to intimidate the workers and prevent them from exercising their rights, despite legal protections. Antiunion discrimination was widespread, particularly in foreign-owned companies. In many instances companies refused to negotiate with unions and negotiated individually with workers to undermine collective bargaining efforts. Unions had an active complaint with the ILO pertaining to past allegations of interference in union elections.

Despite collective agreements on union dues, employers often did not remit union dues or did so irregularly.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. Penalties were commensurate with the penalties for other serious crimes.

In cases of nonpayment of requisite and applicable taxes, the law allows for arrest and forced labor as a penalty to repay the tax debt. This had not been put into practice, however.

The government did not effectively enforce the law. There were reports that forced labor, including forced child labor, regularly occurred throughout the country. Violations included bonded labor, domestic servitude, and slavery. In the artisanal mining sector, individuals took on debt from intermediaries and dealers to acquire food, supplies, and mining equipment, often at high interest rates. Miners who failed to provide sufficient ore to pay their debt were at risk of debt bondage. The government continued to try to formalize the artisanal mining sector but did not attempt to regulate the practice. In the east IAGs continued to abduct and forcibly recruit men, women, and children to serve as laborers, porters, domestic laborers, and combatants (see section 1.g.). In eastern mining regions, there were reports that armed groups violently attacked mining communities and surrounding villages and held men, women, and children captive for trafficking, including forced labor and sexual exploitation. In North Kivu and South Kivu Provinces, some members of FARDC units and IAGs taxed or, in some cases, controlled mining activities in gold, coltan, wolframite, and cassiterite mines. There were no reports of FARDC units forcing persons to work in mines. IAGs sometimes forced local communities to perform construction work and other labor at mine sites. The government did not effectively enforce laws banning this practice.

On August 3, the Human Rights Ministry launched a plan to monitor human rights and labor abuses in mining communities in accordance with the Voluntary Principles Initiative on Security and Human Rights, by establishing local oversight commissions consisting of government representatives, civil society groups, and private companies.

Some police officers arrested individuals arbitrarily to extort money from them (see section 1.d.). There were reports in North and South Kivu Provinces of police forcing those who could not pay to work until they “earned” their freedom.

The government did not effectively enforce laws prohibiting forced or compulsory labor and took no action against those who used forced labor and abducted civilians for forced labor. The government did not report any official forced labor investigations, and there were no prosecutions. Little if any information existed on the removal of victims from forced labor.

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 government prohibits all of the worst forms of child labor. The law sets the minimum age for work at 16, and a ministerial order sets the minimum age for hazardous work at 18. The law also stipulates children may not work for more than four hours per day and restricts all minors from transporting heavy items. Penalties are not commensurate with other serious crimes.

Government enforcement of child labor law remained weak. While criminal courts heard some child labor complaints, it was unclear if these resulted in sentences. The government did not allocate child labor-specific budgetary resources to the relevant ministries and the National Committee to Combat the Worst Forms of Child Labor.

The Ministry of Labor has responsibility for investigating child labor abuses but had no dedicated child labor inspection service. In 2016 the National Labor Committee adopted an action plan to fight the worst forms of child labor, slated for implementation during the year; however, as of December it had not been implemented. In August the General Labor Inspectorate issued a plan to conduct a child labor survey and develop a roadmap to review and curb the use of child labor in the rice sector in Kongo Central Province. Other government agencies responsible for combating child labor include the Ministry of Gender, Family, and Children; Ministry of Justice; Ministry of Social Affairs; and National Committee to Combat the Worst Forms of Child Labor. These agencies had no budgets for inspections and conducted no specialized investigations for child labor.

The law prohibits violations of child labor laws in the mining sector and imposes fines in cases of violations. Nonetheless, various mining sites, located principally in North Kivu and Upper Katanga Provinces, employed many child workers. The working conditions for children at these mining sites were poor. Treated as adults, children worked without breaks and without any basic protective measures.

The FARDC deployed a battalion in June to dismantle illegal artisanal mines in the southeast, where working conditions were hazardous and child labor was prevalent. Soldiers cleared thousands of illegal miners from industrial cobalt and copper concessions, reportedly burning dozens of homes and ransacking a school in the process. The FARDC, mining police, and private security forces, including those guarding large-scale mining concessions, reportedly subjected child laborers on artisanal mining sites to extortion and physical abuse.

There was a systematic government effort to redirect child labor away from mines. The government and the African Development Bank continued an 80-million-dollar project to provide alternative livelihoods for children engaged in the cobalt sector. In 2019 World Vision announced it had reduced exploitation and the worst forms of child labor for 1,380 children in mining sites through the provision of vocational training and schooling opportunities.

The Ministry of Mines prohibits artisanal mines with child labor from exporting minerals; however, the ministry had limited enforcement capacity.

In 2019 the government undertook a $2.5-million project to boost the capacity of labor inspectors to prevent children younger than age 18 from engaging in hazardous work in mines. In addition in March the Ministry of Mines issued a decree forming an interministerial commission with the Ministry of Labor to inspect child labor in artisanal mines. As of September the commission had yet to take action, due to the COVID-19 pandemic.

In August the human rights minister issued a decree operationalizing the government’s commitment to joining the Voluntary Principles Initiative on Security and Human Rights in the extractive sector, which provides a roadmap towards comprehensive human rights oversight of mining communities and stipulates zero tolerance for the worst forms of child labor.

In August the PNC approved a mining police handbook codifying the mining police’s specialized unit’s duties in the protection and enforcement of human rights, including combatting child labor, in mining areas.

Child labor, including forced child labor, was a problem throughout the country (see section 7.b.). Child labor was most common in the informal sector, including in artisanal mining and subsistence agriculture. According to the Ministry of Labor, children worked in mines and stone quarries and as child soldiers, water sellers, domestic workers, and entertainers in bars and restaurants. The commercial sexual exploitation of children also occurred (see section 6).

Various mining sites, located principally in the eastern regions of North Kivu and Katanga Provinces, employed many child workers. The working conditions for children at these mining sites were poor. Treated as adults, children worked without breaks and without any basic protective measures.

Children were also the victims of exploitation in the worst forms of child labor, many of them in agriculture, illicit activities, and domestic work. Children mined diamonds, gold, cobalt, coltan, wolframite, copper, and cassiterite under hazardous conditions. In the mining regions of Upper Katanga, Kasai Oriental, Kasai Central, North Kivu, and South Kivu Provinces, children sifted, cleaned, sorted, transported heavy loads, and dug for minerals underground. In many areas of the country, children between ages five and 12 broke rocks to make gravel.

Parents often used children for dangerous and difficult agricultural labor. Families unable to support their children occasionally sent them to live with relatives who treated them as domestic slaves, subjecting them to physical and sexual abuse.

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 and occupation based on race, gender, language, or social status. The law does not specifically protect against discrimination based on religion, age, political opinion, national origin, disability, pregnancy, sexual orientation, gender identity, or HIV-positive status. Additionally, no law specifically prohibits discrimination in employment of career public service members. The government did not effectively enforce relevant employment laws, and penalties were not commensurate with other violations of civil rights.

Gender-based discrimination in employment and occupation occurred (see section 6). Although the labor code stipulates men and women must receive equal pay for equivalent work, the government did not enforce this provision effectively. According to the ILO, women often received less pay in the private sector than did men doing the same job and rarely occupied positions of authority or high responsibility. There were known legal restrictions on women’s employment in occupations deemed arduous. Persons with disabilities, including albinism, and certain ethnicities such as Twa faced discrimination in hiring and access to the worksites.

e. Acceptable Conditions of Work

The government sets regional minimum wages for all workers in private enterprise, with the highest pay scales applied to the cities of Kinshasa and Lubumbashi. In 2018 the Ministry of Labor was implementing a minimum wage increase in a series of increments. The minimum wage was above the poverty line. Most businesses were not in compliance with this minimum wage but faced few penalties.

In the public sector, the government sets wages annually by decree and permits unions to act only in an advisory capacity.

The law defines different standard workweeks, ranging from 45 hours per week to 72 hours every two weeks, for various jobs and prescribes rest periods and premium pay for overtime. The law establishes no monitoring or enforcement mechanism, and employers in both the formal and informal sectors often did not respect these provisions. The law does not prohibit compulsory overtime.

The average monthly wage did not provide a living wage for a worker and family. Salary arrears became more frequent in both the civil service and public enterprises. Many public-sector employees reported they did not receive their annual bonuses. In 2012 the government began paying some civil servant salaries through the banking system in an effort to stop the practice by which supervisors created fake employees and skimmed off some of their subordinates’ salaries. The Budget Ministry stated 75 percent of civil servants received their pay through the banking system, but some observers believed that figure was grossly inflated. For many the government delivered cash in large shipments for local authorities and supervisors to distribute.

The labor code specifies health and safety standards. Penalties were not commensurate with similar legal violations. The Ministry of Labor employed 115 labor inspectors and 71 labor controllers, which was not sufficient to enforce consistent compliance with labor regulations. Labor inspectors have the authority to make unannounced inspections and initiate penalties. The government did not effectively enforce such standards in the informal sector, and enforcement was uneven in the formal sector. Major international mining companies effectively observed health and safety standards, and the Ministry of Mines validation process includes criteria on minimal safety standards. Nonetheless, the law does not allow workers to remove themselves from hazardous situations without putting their employment in jeopardy. Approximately 90 percent of laborers worked in subsistence agriculture, informal commerce or mining, or other informal pursuits, where they often faced hazardous or exploitive working conditions.

In 2015 IPIS estimated there were approximately 300,000 artisanal miners in the 2,000 identified mine sites in the east. It was estimated there were likely an additional 1,000 mine sites that had not been identified.

Eswatini

Executive Summary

Eswatini is an executive monarchy. King Mswati III and Queen Mother Ntfombi, the king’s mother, rule as comonarchs and exercise varying levels of authority over the three branches of government. There is a bicameral parliament consisting of the Senate and House of Assembly, each composed of appointed and elected members. The king appoints the prime minister. Political power remains largely vested with the king and his traditional advisors. International observers concluded the 2018 parliamentary elections were procedurally credible, peaceful, and well managed.

The Royal Eswatini Police Service is responsible for maintaining internal security as well as migration and border crossing enforcement, and reports to the prime minister. The Umbutfo Eswatini Defense Force is responsible for external security but also has domestic security responsibilities, including protecting members of the royal family. The Umbutfo Eswatini Defense Force reports to the principal secretary of defense and the army commander. His Majesty’s Correctional Services is responsible for the protection, incarceration, and rehabilitation of convicted persons and keeping order within corrective institutions. His Majesty’s Correctional Services personnel sometimes work alongside police during demonstrations and other large events, such as national elections, that call for a larger complement of personnel. The king is the commander in chief of the Umbutfo Eswatini Defense Force, holds the position of minister of defense, and is the titular commissioner in chief of the Royal Eswatini Police Service and His Majesty’s Correctional Service. Traditional chiefs supervise volunteer rural “community police,” who have the authority to arrest suspects concerning minor offenses for trial by an inner council within the chiefdom. For serious offenses suspects are transferred to police for further investigation. Civilian authorities generally maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: cases of cruel, inhuman, or degrading treatment or punishment by the government; political prisoners or detainees; serious restrictions on free expression and the press; restrictions on political participation; and serious acts of corruption.

The government was inconsistent in its investigation, prosecution, and punishment of 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 no reports that the government or its agents committed arbitrary or unlawful killings. On June 9, however, prison guards allegedly beat and killed a 25-year-old inmate at the Sidwashini prison when the guards intervened in a gang-related fight among inmates. Several other prisoners were injured. The commissioner general of His Majesty’s Correctional Services (HMCS) referred the case to the Royal Eswatini Police Service (REPS), where the investigation continued. To investigate whether security force killings were justifiable, civilian security forces (REPS and HMCS) refer cases to REPS for investigation and the Directorate of Public Prosecutions for prosecution. The military conducts its own internal investigations of military security force killings, followed by referrals for prosecution before military tribunals.

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 and law prohibit such practices, but there were occasional reports that government officials employed them. The law prohibits police from inflicting, instigating, or tolerating torture and other cruel, inhuman, or degrading treatment or punishment. It also establishes a disciplinary offense for officers who use violence or unnecessary force, or who intimidate prisoners or others with whom they have contact in the execution of their duties. In February, Bongani Kunene of Moyeni alleged that during an interrogation police beat him and placed a plastic bag over his head. During the year there were scattered reports of police brutality towards those alleged to have violated COVID lockdowns. In one pending case, a police officer was arrested and charged with attempted murder for shooting a teenager in the arm after having fired his weapon to disperse a group of teens who were contravening COVID regulations by playing soccer during the partial lockdown.

There were isolated reports throughout the country of cruel, inhuman, and degrading treatment by “community police”–untrained, volunteer security personnel who exist outside the country’s formal legal structures and are empowered by rural communities to act as vigilantes, patrolling against rural crimes such as cattle rustling. In November 2019 a group of community police severely beat five suspected thieves on their buttocks and paraded them naked through the street as punishment.

Impunity remained a concern but was not a significant problem in the security forces. The HMCS had strong internal mechanisms to investigate alleged wrongdoing and apply disciplinary measures. The reliability of such internal mechanisms within REPS and the military forces remained less clear, although members of these forces have been investigated, prosecuted, and convicted in recent years. Where impunity existed, it generally was attributable more to inefficiency than politicization or corruption, although the latter remained legitimate concerns. In recent years security forces have added training modules to help promote respect for human rights. In October the national commissioner of police publicly condemned police brutality and called on officers to refrain from cruel or degrading treatment.

Prison and Detention Center Conditions

Prison conditions varied and did not always meet international standards due to overcrowding and, in certain locations, facilities that required repair or modernization.

Physical Conditions: In September the HMCS reported a total prison population of 3,796, exceeding the prison system’s designed capacity by 958 inmates. Facilities were of mixed quality: some were old and dilapidated, while others such as the women’s prison were newer and well maintained. Prisoner-on-prisoner violence remained a concern due to increased gang activity among inmates as prison populations expanded and diversified. In June members of a prison gang attacked a group of prisoners in an effort to force them to join their ranks, resulting in a skirmish in which one inmate died, allegedly after a severe beating by prison guards (see section 1.a.).

Administration: Authorities conducted investigations of credible allegations of mistreatment and held prison officials accountable through appropriate disciplinary measures–primarily suspensions without pay. During the year the HMCS met quarterly with the Commission on Human Rights and Public Administration Integrity (CHRPAI) to review prison conditions, individual cases, and prisoner needs (such as legal counsel).

Independent Monitoring: The government permitted monitoring of prison conditions by independent nongovernmental observers such as the International Committee of the Red Cross, the African Union, local nongovernmental organizations, and diplomatic missions. Independent monitoring groups generally received broad access to prison facilities and were able to conduct unchaperoned interviews of inmates and prison guards.

d. Arbitrary Arrest or Detention

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. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law requires warrants for arrests, except when police observe a crime being committed, believe a person is about to commit a crime, or conclude evidence would be lost if arrest is delayed. The law requires authorities to charge detainees with the violation of law within a reasonable time, usually within 48 hours of arrest or, in remote areas, as soon as a judicial officer is present to assume responsibility. Authorities sometimes failed to charge detainees within this time period, sometimes taking up to a week. There is a bail system, and suspects may request bail at their first appearance in court, except in serious cases such as those involving murder or rape charges. In general detainees could consult with lawyers of their choice, to whom they were generally allowed prompt access. Lawyers may be provided to indigent defendants at public expense in capital cases or if conviction of a crime is punishable by life imprisonment.

The director of public prosecutions has the legal authority to determine which court should hear a case. The director delegated this responsibility to public prosecutors. Persons convicted in the traditional courts may appeal to the High Court.

Arbitrary Arrest: In September the Supreme Court held that the arrest and five-week detention of robbery suspect Sibongiseni Khumalo had been unlawful because, shortly after the arrest, police realized that most or all of the allegedly stolen items they seized belonged, in fact, to the suspect. Nevertheless, the government detained the suspect for more than five weeks, even after the suspect was granted bail on the second day of his detention but lacked sufficient funds to pay it. The Supreme Court concluded that the arrest and detention of the suspect had been unlawful and awarded him damages and costs.

Pretrial Detention: CHRPAI stated lengthy pretrial detention was common, with the majority of pretrial detainees incarcerated due to shortages of judges, prosecutors, and courtrooms; a weak case management and coordination system; and a lack of access to legal representation. As of December the 845 pretrial detainees was approximately 21 percent of the total prison and detainee population. A 2018 survey of detainees by CHRPAI concluded that 245 of them had been awaiting or undergoing trial for 12 or more months.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government with some limitations respected judicial independence and impartiality in nonpolitical criminal and civil cases not involving the royal family or government officials. The king appoints Supreme Court and High Court justices on the advice of the Judicial Service Commission, which is chaired by the chief justice and consists of other royal appointees.

Judicial powers are based on two systems: Roman-Dutch law and a system of traditional courts that follows traditional law and custom. Neither the Supreme Court nor the High Court that interprets the constitution have jurisdiction in matters concerning the Offices of the King or Queen Mother, the regency, chieftaincies, the Swati National Council (the king’s advisory body), or the traditional regiments system. Unwritten traditional law and custom govern all these institutions. Traditional courts were unwilling to recognize many of the fundamental rights provided for in the constitution and instead relied on customary laws that often reduce or disregard these rights.

Most citizens who encountered the legal system did so through the 13 traditional courts. Each court has a presiding judicial officer appointed by the king. These courts adjudicate minor offenses and violations of traditional law and custom. Authorities generally respected and enforced traditional, as well as magistrate, High Court, and Supreme Court rulings.

Trial Procedures

The constitution and law generally provide for the right to a fair and public trial, and the judiciary generally enforced this right.

Defendants enjoy a presumption of innocence and the right to be informed of charges promptly, in detail, and with free interpretation if necessary. The constitution provides for the right to a fair public trial without undue delay, except when exclusion of the public is deemed necessary in the “interests of defense, public safety, public order, justice, public morality, the welfare of persons younger than 18, or the protection of the private lives of the persons concerned in the proceedings.” Although the judiciary generally enforced rights to a fair public trial, prolonged delays during trials in the magistrate courts and High Court were common. Court-appointed counsel is provided to indigent defendants at government expense with free assistance of an interpreter for any defendant who cannot understand or speak English or SiSwati, and conviction of the crime is punishable by death or life imprisonment. Defendants and their attorneys have access to relevant government-held evidence, generally obtained from the Public Prosecutor’s Office during pretrial consultations. Defendants have the right to adequate time and facilities to prepare a defense. Defendants may question witnesses against them and present witnesses and evidence on their own behalf. Defendants may not be compelled to testify or confess guilt. Defendants and prosecutors have the right of appeal up to the Supreme Court. The law extends the foregoing rights to all persons.

The traditional courts operate under traditional authorities, including local chiefs. In general chiefs preside over traditional courts as court presidents. Traditional courts hear both civil and minor criminal matters. By law traditional courts may only impose token monetary fines and no prison sentences longer than 12 months.

Traditional courts are empowered to administer customary law only “insofar as it is not repugnant to natural justice or morality” or inconsistent with the provisions of any civil law in force, but some traditional laws and practices violate civil laws, particularly those involving women’s and children’s rights. Defendants in traditional courts are not permitted formal legal counsel but may speak on their own behalf, call witnesses, and be assisted by informal advisors. Traditional law and custom provide for an appeals process, but the process is long and cumbersome. Under the constitution the High Court has review and appellate jurisdiction over matters decided in traditional courts. Judicial commissioners within the traditional legal system may adjudicate appeals themselves or refer appeals to a court within the civil judicial system on their own volition. Those making or receiving an appeal also have the right to seek High Court review of traditional court decisions.

Military courts are not allowed to try civilians. They do not provide the same rights as civilian criminal courts. For example, military courts may use confessions obtained under duress as evidence and may convict defendants based on hearsay.

Political Prisoners and Detainees

There were two reports of persons detained in lengthy pretrial detention for criticism of the king. In May the government withdrew the sole remaining charge against activist Goodwill Sibiya, who was arrested in May 2019 and charged with violating the law after having accused the king of embezzlement and lawlessness. The government dismissed one charge against Sibiya in September 2019 and dismissed the remaining charge against him in May. Sibiya was released on the same day the government dismissed his charge.

Also in May police arrested Ncamiso Ngcamphalala, the president of the political party Economic Freedom Fighters-Swaziland and charged him with violating a section of law that was ruled unconstitutional by the High Court in 2016. Although Ngcamphalala was released on bail in June, his charge remained pending.

Civil Judicial Procedures and Remedies

Individuals and organizations may seek civil remedies for human rights abuses, including appeal to international courts or bodies. Administrative remedies are also available under civil service rules and regulations.

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

The constitution and law prohibit such actions except “in the interest of defense, public safety, public order, public morality, public health, town and country planning, use of mineral resources, and development of land in the public benefit.” There were isolated reports of unlawful interference by the government. The wife of a blogger wanted by police in connection with various alleged crimes claimed that police officers visited her home without a warrant, harassed her, and compelled her to accompany them to a police station for questioning regarding her husband’s whereabouts. The law requires police to obtain a warrant from a magistrate before searching homes or other premises, but officers with the rank of subinspector or higher have authority to conduct a search without a warrant if they believe delay might cause evidence to be lost.

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 restricted this right, particularly with respect to press freedom and matters concerning the monarchy.

Freedom of Speech: In one case an activist was arrested for criticizing the king in a civil court case (see section 1.e, Political Prisoners and Detainees).

Freedom of Press and Media, Including Online Media: The law empowers the government to ban publications it deems “prejudicial or potentially prejudicial to the interests of defense, public safety, public order, public morality, or public health.”

Daily independent newspapers criticized government corruption and inefficiency but generally avoided criticizing the royal family. Independent online media and an independent monthly magazine were more likely to criticize the royal family as well as government. After the new government took office in November 2018, government officials became far more communicative, with official spokespersons appointed to every ministry, the launch of an official government Twitter page, and quarterly, on-the-record press briefings for all editors with the prime minister and other cabinet members.

Broadcast media remained under state control. Most persons obtained their news from radio broadcasts. Access to speak on national radio was generally limited to government officials, although the University of Eswatini, religious organizations, and the country’s first community radio station have received radio licenses.

Violence and Harassment: Zweli Martin Dlamini, editor of Swaziland News, fled to South Africa after police harassed and allegedly physically abused him for criticizing the king. On at least one other occasion, editors of the two daily newspapers were pressured and threatened by senior government officials to refrain from printing articles that criticized the royal family for its lavish lifestyle and spending practices. In one instance government officials admonished editors for having failed to defend the king when someone criticized the royal family’s practices while in the editors’ presence.

Censorship or Content Restrictions: Although journalists have become more willing to speak out against the government in recent years, criticism of the king was strongly discouraged by government and traditional leaders. Most journalists and broadcast media felt compelled to avoid criticizing the palace due to fear of reprisals, such as being professionally ostracized or losing paid government advertising. Self-censorship was widespread in relation to the king, but virtually nonexistent in relation to the government. Government officials and security personnel repeatedly made it clear that criticism of the king could result in serious consequences.

National Security: Although the country has no formal criminal libel or slander laws and has no laws forbidding criticism of the monarchy, the government prosecuted one individual for criticizing the king, using provisions of antiterrorism and other laws (see section 1.e, Political Prisoners and Detainees).

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

Freedom of Peaceful Assembly

Several national demonstrations and community meetings and rallies occurred without incident, although such gatherings were far less widespread during the year in view of the COVID pandemic and health-related restrictions on large gatherings. In September police violated existing law by prohibiting a proposed peaceful gathering by members of the political party SWADEPA. Throughout the year there were isolated reports of violence by both demonstrators and security forces, although there were no reports of serious injury or death.

Freedom of Association

The law provides for the right of freedom of association, and the government generally respected this right. Although several political parties competed in elections, the constitution requires candidates for public office to run as independents; their parties may not offer slates of candidates, so their affiliation does not appear on ballots. In 2019 the registrar of companies refused to register a lesbian, gay, bisexual, transgender, intersex (LGBTI) nongovernmental organization on the grounds the constitution and domestic laws do not protect against discrimination on the basis of sex or sexual orientation and prohibit same-sex relations. The LGBTI organization challenged the government’s stance as being unconstitutional in a lawsuit that remained pending (see also section 6).

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: By traditional law and custom, chiefs have the power to decide who may reside in their chiefdoms; evictions sometimes occurred due to internal conflicts, alleged criminal activity, or opposition to the chief.

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 the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Freedom of Movement: The government generally allowed freedom of internal movement for resettled refugees. Refugees could visit the neighboring countries of Mozambique and South Africa with ease.

Durable Solutions: The government permanently resettled refugees in the country. It allowed some refugees to compete for jobs and granted them work permits and temporary residence permits. The government also provided refugees with free transportation twice a week to buy and sell food in local markets. Refugees who live in the country more than five years are eligible for citizenship. The government conducted a psychological support program that provided counseling to refugees.

g. Stateless Persons

UNHCR figures from 2016 found only three stateless persons, who were descendants of refugees. The constitution does not provide for women to transmit citizenship except in cases of births out of wedlock. In 2019 in consultation with UNHCR, the government approved a national action plan to end statelessness, including by eliminating gender discrimination in the country’s nationality laws and allowing women to transmit citizenship.

Section 3. Freedom to Participate in the Political Process

Political rights were restricted, although citizens could choose 59 of the 69 members of the House of Assembly in procedurally credible, periodic elections held by secret ballot.

Legislation passed by parliament requires the king’s consent to become law. Under the constitution the king selects the prime minister, the cabinet, two-thirds of the Senate, 10 of 69 members of the House of Assembly, the chief justice and other justices of the superior courts, members of commissions established by the constitution, and the heads of government offices. On the advice of the prime minister, the king appoints the cabinet from among members of parliament.

Elections and Political Participation

Recent Elections: International observers described the 2018 parliamentary elections as credible, peaceful, and well managed. The system of nominations in the country organizes nominations for members of parliament by chiefdoms. Traditional chiefs convene nominating meetings for candidates to parliament and other offices and in a few cases confirm whether nominees are members of the chiefdom. Candidates for each chiefdom are then chosen in a primary election conducted by secret ballot. Although some chiefs may exercise influence through lobbying, there was little evidence their influence was widespread or decisive in the formation of electoral lists.

Political Parties and Political Participation: The constitution provides for freedom of association but does not address how political parties may operate, and there was no legal mechanism for them to contest elections. The constitution also requires that candidates for public office compete on their individual merit, which courts have interpreted as blocking competition based on political party affiliation.

Participation in the traditional sphere of governance and politics takes place predominantly through chiefdoms. Chiefs are custodians of traditional law and custom, report directly to the king, and are responsible for the day-to-day running of their chiefdoms and maintenance of law and order. Although local custom mandates that chieftaincy is hereditary, the constitution, while recognizing that chieftaincy is “usually hereditary and is regulated by Swati law and custom,” also states the king “may appoint any person to be chief over any area.” As a result, many chieftaincies were nonhereditary appointments, a fact that provoked land disputes, especially at the time of the death and burial of chiefs.

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. The constitution provides for five of the king’s 10 appointed seats in the House of Assembly to be held by women and for the appointed members to represent “interests, including marginalized groups not already adequately represented in the House.” The king appointed only three women to the House of Assembly following the 2018 elections, in which only two women were elected. If, after an election, women constitute less than 30 percent of the total membership of parliament, the constitution and law require the House to elect four additional women, one from each region. The House complied with this requirement.

The king appoints 20 members of the 30-seat Senate, and the House of Assembly elects the other 10. The constitution requires that eight of the 20 members appointed by the king be women and that five of the 10 members elected by the House be women. The House of Assembly complied by electing five women to the Senate, but the king appointed only seven women.

Widows in mourning (for periods that may extend up to two years) were prevented from appearing in certain public places or being in proximity to the king or a chief’s official residence. Widows were sometimes excluded from running for office or taking active public roles in their communities during those periods.

There were very few ethnic minorities in the country, and they were represented in government at a commensurate ratio.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and, in contrast with previous years, the government generally implemented the law effectively. There were isolated reports of government corruption during the year. Officials sometimes engaged in corrupt practices with impunity.

Corruption: Corruption continued to be a problem, most often involving personal relationships and bribes being used to secure government contracts on large capital projects. In contrast with previous years, prosecutors pursued corruption charges against several officials, including a prominent member of parliament, and a handful of senior current and former government officials. In March, Director of Social Welfare Moses Dlamini in the deputy prime minister’s office was arrested and charged with corruption, sexual harassment, and indecent assault after allegedly demanding sexual favors from a female subordinate as a quid pro quo for approving her participation in a training course in South Africa. In May the director of public prosecutions enrolled eight additional corruption cases, including one alleging that a prominent member of parliament had misappropriated more than six million emalangeni ($360,000) of public funds.

There were credible reports that a person’s relationship with government officials influenced the awarding of government contracts; the appointment, employment, and promotion of officials; recruitment into the security services; and school admissions. In contrast with previous years, authorities took action on some nepotism cases. In May, Thembinkosi Mamba, former principal secretary in the Ministry of Justice, was charged with corruption for allegedly awarding a contract valued at more than one million emalangeni ($60,000) to his fiancee.

Although parliament’s Public Accounts Committee was limited in its authority to apply and enforce consequences except by drawing public attention to potential corruption, it continued to pursue investigations, particularly those related to public spending, and received broad media attention for its efforts.

Financial Disclosure: The constitution prohibits government officials from assuming positions in which their personal interests are likely to conflict with their official duties. The constitution requires appointed and elected officials to declare their assets and liabilities to CHRPAI. The commission is mandated to monitor and verify disclosures. There are criminal and administrative sanctions for noncompliance. Sanctions for failure to disclose assets and conflicts of interest include removal from office, disqualification from holding a public office for a period determined by a court, and confiscation of any property illegitimately acquired during tenure in office. According to the commission, the majority of those required to declare assets and liabilities did so, but the commission suspected underreporting in some cases. The commission did not make this information public.

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

Several domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative but only sometimes responsive to their views.

Government Human Rights Bodies: CHRPAI is empowered by the constitution to investigate complaints of corruption, abuse of power, human rights abuses, and mismanagement of public administration. During the year CHRPAI investigated dozens of complaints, made findings of fact, appeared in court on behalf of aggrieved parties, issued recommendations to judicial and governmental bodies, and provided human rights training to law enforcement officers. Topics CHRPAI addressed included evictions, corporal punishment in schools, police torture, and prolonged detentions. CHRPAI increased cooperation and collaboration with the HMCS and REPS on human rights matters, including investigation of human rights abuses, and secured seconded staff from the HMCS and REPS to help it conduct human rights investigations.

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

Women

Rape and Domestic Violence: The law criminalizes domestic violence and rape, including rape of a spouse or intimate partner. The penalties for conviction of rape are up to 30 years’ imprisonment for first offenders and up to 40 years’ imprisonment for repeat offenders. The penalty for conviction of domestic violence is a substantial fine, up to 15 years’ imprisonment, or both. Several convicted perpetrators received sentences of 10 to 20 years’ imprisonment, and one man was sentenced in August to a total of 55 years’ imprisonment after repeatedly raping his daughter and niece (30 years for rape and 25 for other offenses). In March prosecutors charged the director of the children’s unit in the Deputy Prime Minister’s Office, Lucky Ndlovu, with rape of a minor. Although men remained the primary perpetrators, women have also been arrested and convicted under the law.

Rape remained common, and domestic violence against women sometimes resulted in death. There were few social workers or other intermediaries to work with victims and witnesses to obtain evidence of rape and domestic violence.

Rural women who pursued prosecution for domestic violence in traditional courts often had no relief if family intervention failed, because traditional courts were less sympathetic to women and less likely than courts using Roman-Dutch-based law to convict men of spousal abuse.

Other Harmful Traditional Practices: Accusations of witchcraft were employed against women in family or community disputes that could lead to their being physically attacked, driven from their homes, or both.

Sexual Harassment: The law establishes broad protections against sexual harassment, with penalties if convicted of a monetary fine, 10 years’ imprisonment, or both.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children free from discrimination, coercion, or violence, but they often lacked the information and means to manage their reproductive health.

There was wide access to contraception, including in health facilities, retail stores, public restrooms, and workplaces throughout the country, and most persons had access to reproductive health and contraception information free from discrimination, coercion, or violence. The UN Population Division estimated 68 percent of girls and women ages 15-49 used a modern method of contraception during the year.

According to the World Health Organization, the maternal mortality ratio was 437 deaths per 100,000 live births. This high ratio resulted from a host of factors, one of which was the quality of medical care, but others were patient-dependent factors such as not seeking antenatal care, late presentation to facilities, and home deliveries.

The government provided reproductive health services to victims of gender-based violence.

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

Discrimination: Women occupied a subordinate role in society. The dualistic nature of the legal system complicated the protection of women’s rights. Since unwritten customary law and custom govern traditional marriage and certain matters of family law, women’s rights often were unclear and changed according to where and by whom they were interpreted. Couples often married in both civil and traditional ceremonies, creating problems in determining which set of rules applied to the marriage and to subsequent questions of child custody, property, and inheritance in the event of divorce or death.

In 2019 the High Court ruled common law “marital power” that formerly denied married women the right to act without their husband’s consent in many instances is unconstitutional. The High Court in 2019 also struck down sections of the law that allowed marital power and spousal property rights to be governed by Swazi law and custom.

Women faced employment discrimination and were prevented from working in some industries (see section 7.d.). The constitution provides for equal access to land, and civil law provides for women to register and administer property, execute contracts, and enter into transactions in their own names.

Girls and women in rural areas faced discrimination by community elders and authority figures. Boys received preference in education. Although customary law considers children to belong to the father and his family if the couple divorce, custody of the children of unmarried parents typically remains with the mother, unless the father claims paternity. When the husband dies, tradition dictates the widow must stay at the residence of her husband’s family in observance of a strict mourning period for one month. Media reported widows heading households sometimes became homeless and were forced to seek public assistance when the husband’s family took control of the homestead. Women in mourning attire were generally not allowed to participate in public events and were barred from interacting with royalty or entering royal premises. In some cases the mourning period lasted up to two years. No similar mourning period applied to men.

Children

The law sets the age of majority at 18. It defines child abuse and imposes penalties for abuse; details children’s legal rights and the responsibility of the state, in particular with respect to orphans and other vulnerable children; establishes structures and guidelines for restorative justice; defines child labor and exploitative child labor; and sets minimum wages for various types of child labor.

Birth Registration: Birth on the country’s territory does not convey citizenship. Under the constitution children derive citizenship from the father, unless the birth occurs outside marriage and the father does not claim paternity, in which case the child acquires the mother’s citizenship. If a Swati woman marries a foreign man, even if he is a naturalized Swati citizen, their children carry the father’s birth citizenship.

The law mandates compulsory registration of births. According to the 2014 Multiple Indicator Cluster Survey, 50 percent of children younger than five were registered, and 30 percent had birth certificates. Lack of birth registration may result in denial of public services, including access to education.

Education: The law requires that parents provide for their children to complete primary school. Parents who do not send their children to school through completion of primary education were required to pay fines for noncompliance. Education was tuition-free through grade seven. The Office of the Deputy Prime Minister received an annual budget allocation to subsidize school fees for orphans and other vulnerable children (OVC) in both primary and secondary school. Seventy percent of children were classified as OVC and so had access to subsidized education through the secondary level.

Child Abuse: The law provides broad protections for children against abduction, sexual contact, and several other forms of abuse. The penalty for conviction of indecent treatment of children is up to 20 or 25 years’ imprisonment, depending upon the age of the victim. Child abuse remained a serious problem, especially in poor and rural households, although authorities have increased prosecutions of such abuse.

Corporal punishment was banned in schools in 2015, and the last reported incident occurred in 2019.

Child, Early, and Forced Marriage: The legal age of marriage is 18 for both boys and girls, but with parental consent and approval from the minister of justice, girls may marry at 16. The government recognizes two types of marriage, civil marriage and marriage under traditional law. In March prosecutors charged director of the children’s unit in the Deputy Prime Minister’s Office Lucky Ndlovu with rape of a minor whom he attempted to marry when she was age 16. Prosecutors argued that the marriage was invalid since the minor lacked the legal capacity to consent.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering, and procuring of children for prostitution, and practices related to child pornography; conviction of these acts carries a substantial fine, up to 25 years’ imprisonment, or both. Children were occasional victims of sex trafficking and commercial sexual exploitation. The law criminalizes “mistreatment, neglect, abandonment, or exposure of children to abuse” and imposes a statutory minimum of five years’ imprisonment if convicted. Although the law sets the age of sexual consent at 16, a 2018 law provides for a penalty of up to 20 years’ imprisonment for conviction of “maintaining a sexual relationship with a child,” defined as a relationship that involves more than one sexual act with a person younger than 18. The government enforced the law effectively, charging at least 163 individuals between January and September, prosecuting dozens of individuals, and sentencing multiple perpetrators to jail for more than 50 years in the most egregious cases.

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

Anti-Semitism

The Jewish community is 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 protects the rights of persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The law mandates access to health care for persons with disabilities and accessibility to buildings, transportation, information, communications, and public services.

The Deputy Prime Minister’s Office is responsible for upholding the law and for protecting the rights of persons with disabilities. The government did not effectively enforce the law. Persons with disabilities complained of government neglect and a significantly lower rate of school attendance for children with disabilities. Little progress has been made to date in expanding accessibility and access to public services for persons with disabilities, although some newer government buildings, and those under construction, included various improvements for persons with disabilities, including access ramps. Public transportation was not easily accessible for persons with disabilities, and the government did not provide any alternative means of transport.

There were only minimal services provided for persons with disabilities, and there were no programs in place to promote the rights of persons with disabilities. There was one private school for students with hearing disabilities and one private special-education school for children with physical or mental disabilities. The hospital for persons with mental disabilities, located in Manzini, was overcrowded and understaffed.

By custom, persons with disabilities may not be in the presence of the king, because they are believed to bring “bad spirits.” Persons with disabilities were sometimes neglected by families.

Members of National/Racial/Ethnic Minority Groups

Governmental and societal discrimination sometimes occurred against nonethnic Swatis, primarily persons of South Asian descent. Nonethnic Swatis sometimes experienced difficulty in obtaining official documents, including passports, and suffered from other forms of governmental and societal discrimination, such as delays in receiving building permits for houses, difficulties in applying for bank loans, and being required to obtain special permits or stamps to buy a car or house.

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

While there are colonial-era common law prohibitions against sodomy, no penalties are specified, and there has never been an arrest or prosecution for consensual same-sex conduct. The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTI persons, although gradually lessening, remained a concern, and LGBTI persons often concealed their sexual orientation and gender identity. LGBTI persons who were open regarding their sexual orientation and relationships faced censure and exclusion from the chiefdom-based patronage system. Some traditional, religious, and government officials criticized same-sex sexual conduct as neither morally Swati nor Christian. Despite these barriers, LGBTI persons conducted several well publicized public events during the year, including a virtual pride celebration and various organized dialogues, all of which occurred without incident. In contrast to prior years, the government invited outspoken LGBTI rights advocates to participate in government-hosted workshops and dialogues designed to improve public policy, promote inclusion, and develop better economic opportunities for the youth.

HIV and AIDS Social Stigma

Although HIV-related stigma and discrimination appeared to be in decline, discriminatory attitudes and prejudice against persons with HIV persisted. Individuals with HIV reported it was difficult or uncomfortable for them to disclose their HIV status and that frequently their status was revealed to others without their permission. The armed forces encouraged testing and did not discriminate against active military members testing positive. Persons who tested HIV-positive, however, were not recruited by the armed forces.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers, except for those in essential services, have the right to form and join independent unions, conduct legal strikes, and bargain collectively. The law places restrictions on these rights. The law provides for the registration of unions and federations but grants far-reaching powers to the labor commissioner with respect to determining eligibility for registration.

The constitution and law provide for the right to organize and bargain collectively, subject to various legal restrictions. The law gives employers discretion as to whether to recognize a labor organization as a collective employee representative if less than 50 percent of the employees are members of the organization. If an employer agrees to recognize the organization as the workers’ representative, the law grants the employer the ability to set conditions for such recognition. The law provides for the registration of collective agreements by the Industrial Court. The court is empowered to refuse registration if an agreement conflicts with the law, provides terms and conditions of employment less favorable to employees than those provided by any law, discriminates against any person, or requires membership or nonmembership in an organization as a condition for employment. The Conciliation, Mediation, and Arbitration Commission (CMAC) presides over resolution of all labor disputes.

Employees not engaged in “essential services” have the right to undertake peaceful protest actions to “promote or defend socioeconomic interests” of workers. The law defines “socioeconomic interest” as including “solutions to economic and social policy questions and problems that are of direct concern to the workers but shall not include matters of a purely political nature.” The law prohibits antiunion discrimination. Extensive provisions allow workers to seek redress for alleged wrongful dismissal, and courts have broad powers to award reinstatement and retroactive compensation.

Although the law permits strikes, the right to strike is strictly regulated, and the administrative requirements to register a legal strike made striking difficult. Strikes and lockouts are prohibited in essential services, and the minister’s power to modify the list of these essential services provides for broad prohibition of strikes in sectors not normally deemed essential, including postal services, telephone, telegraph, radio, and teaching. The procedure for announcing a protest action requires advance notice of at least seven days. The law details the steps to be followed when disputes arise and provides penalties for employers who conduct unauthorized lockouts. When disputes arose with civil servant unions, the government often intervened to reduce the chances of a protest action, which may not be called legally until alternative dispute resolution mechanisms before CMAC are exhausted and a secret ballot of union members conducted. The commissioner of labor has the power to “intervene” in labor disputes before they are reported to the commission if there is reason to believe a dispute could have serious consequences for the employers, workers, or the economy if not resolved promptly.

The government generally enforced the law, although labor inspectors lacked authorization to assess penalties and had insufficient resources to enforce compliance.

In August the government and labor unions resolved a years-long dispute over annual cost-of-living adjustments to public-sector wages, signing a collective agreement to memorialize the settlement. Resolution of the case removed a major irritant in government-labor relations. Most observers agreed the absence of public demonstrations was probably due to COVID-19 restrictions on gatherings.

To protect employee welfare and prevent exploitation, the government has legal restrictions on labor brokers who recruit domestically for foreign contracts of employment, but these were inconsistently enforced.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor and imposes penalties commensurate with similar crimes. Government did not enforce the law in all sectors. Forced labor occurred almost exclusively in the informal sector, where labor laws applied but were rarely enforced.

Forced labor, including forced child labor, takes place in the sectors of domestic work, agriculture, and market vending.

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 minimum age for employment is 15, for night work 16, and for hazardous employment 18. The Employment Act, however, does not extend minimum age protections to children working in domestic or agricultural work. The law also prohibits children younger than 18 from engaging in hazardous work in industrial undertakings, including mining, manufacturing, and electrical work, but these prohibitions do not address hazardous work in the agriculture sector. The law limits the number of night hours children may work on school days to six and the overall hours per week to 33.

The Ministry of Labor, the Office of the Deputy Prime Minister through the Department of Social Welfare, and REPS are responsible for enforcement of laws relating to child labor. The government did not effectively enforce laws combating child labor. The government did not dedicate sufficient resources to combat child labor, coordinate effectively among different sectors, or provide labor inspectors sufficient authority in the informal sector, where the majority of child labor took place.

Penalties for conviction of child labor violations were commensurate with those for similar laws.

Children were employed in the informal sector, particularly in domestic services and agricultural work such as livestock herding. This work might involve activities that put at risk their health and safety, such as working long hours, carrying heavy loads, being exposed to pesticides, and working alone in remote areas.

Child domestic servitude was also prevalent, disproportionately affecting girls. Such work could involve long hours of work and could expose children to physical and sexual exploitation by their employer. Children’s exploitation in illicit activities was a problem. Children, particularly in rural areas, grew, manufactured, and sold cannabis.

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 labor law prohibits discrimination in employment and occupation based on race, gender, language, HIV/AIDS or other communicable disease status, religion, political views, or social status. The law does not prohibit discrimination based on age, sexual orientation, and gender identity.

The government did not enforce the law consistently. Gender-based discrimination in employment and occupation occurred (see section 6). While women have constitutional rights to equal pay and treatment and may take jobs without the permission of a male relative, there were few effective measures protecting women from discrimination in hiring, particularly in the private sector. The average wage rates for men by skill category consistently exceeded those of women.

Persons with disabilities faced discrimination in hiring and access to work areas. The government did not effectively raise awareness of or enforce disability and employment law provisions. Openly LGBTI persons were subject to discrimination in employment and to social censure.

Migrant workers enjoy the same legal protections, wages, and working conditions as citizens but sometimes faced discrimination in employment due to societal prejudice against foreigners.

e. Acceptable Conditions of Work

There is no national minimum wage. The Ministry of Labor and Social Security sets wage scales for each industry. There is a legally mandated sliding scale of minimum wages depending on the type of work performed. Minimum wages are above the poverty line in all sectors.

There is a standard 48-hour workweek for most workers and a 72-hour workweek for security guards spread over a period of six days. The law requires all workers to have at least one day of rest per week and provides for premium pay for overtime. Most workers received paid annual leave and sick leave.

The government set appropriate safety standards for industrial operations and encouraged private companies to develop accident prevention programs. By law workers may remove themselves from situations that endanger their health or safety without jeopardy to their employment. Authorities did not effectively protect employees in this situation.

The Ministry of Labor and Social Security is responsible for enforcement of labor laws but did not effectively enforce them. The government did not dedicate sufficient resources to enforcement, resulting in constraints such as a lack of motor vehicles and inability to hire additional staff. The number of labor inspectors was insufficient to enforce the law, and while the labor commissioner’s office conducted inspections in the formal sector, it did not conduct inspections in the informal sector.

Labor laws are applicable to the informal sector but were seldom enforced. Most workers were in the informal sector, but credible data on the proportion were not available. Workers in the informal sector, particularly foreign migrant workers, children, and women, risked facing hazardous and exploitative conditions. Minimum wage guidelines do not apply to the informal sector.

Public transportation workers complained that they were required to work 12 hours a day or more without overtime compensation and that they were not entitled to pensions and other benefits.

Credible data on workplace fatalities and accidents were not available.

Malawi

Executive Summary

Malawi is a multiparty democracy. Constitutional power is shared between the president and the 193 National Assembly members. In May 2019 elections were conducted for president, parliament, and local councils. In February the Constitutional Court ruled in favor of an opposition challenge, annulling the 2019 presidential election (leaving intact the parliamentary and local results). On June 23, a new presidential election was conducted, and opposition leader Lazarus Chakwera won 58 percent of the vote, returning the opposition to power for the first time in 26 years. The international community and donors congratulated Malawi on the strength of its democratic institutions and peaceful transition of power.

The Malawi Police Service, under the Ministry of Homeland Security, has responsibility for law enforcement and maintenance of order. The Malawi Defense Force has responsibility for external security. The executive branch sometimes instructed the Malawi Defense Force to carry out policing or other domestic activities, such as disaster relief. The Malawi Defense Force commander reports directly to the president as commander in chief. Civilian authorities maintained effective control over the security forces. Members of the Malawi Police Service committed some abuses.

Significant human rights issues included: harsh and life-threatening prison and detention center conditions; arbitrary arrest or detention; significant acts of corruption; lack of investigation and accountability for violence against women; and criminalization of same-sex sexual conduct.

In some cases the government took steps to prosecute officials who committed abuses, but impunity remained a problem.

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.

In February 2019 Buleya Lule died while in police custody in Lilongwe, just hours after appearing in court as one of six suspects in the abduction of Goodson Makanjira, a 14-year-old boy with albinism (see section 6, Other Societal Violence or Discrimination). In a May 2019 report into Lule’s death, the Malawi Human Rights Commission (MHRC) found the deceased was tortured, and his immediate cause of death was from torture using electricity. Earlier, police arranged an autopsy that attributed his death to intracranial bleeding and hypertension. The MHRC recommended that the police officers involved be prosecuted. On July 10, 13 officers, including now suspended police commissioner Evalista Chisale, were arrested for their alleged involvement in the death of Lule. On July 31, the officers were released on bail.

Perpetrators of past abuses were occasionally punished administratively, but investigations often were delayed, abandoned, or remained inconclusive.

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 the use of torture or cruel, inhuman, and degrading treatment or punishment; however, police sometimes used excessive force and other unlawful practices, including torture, to extract confessions from suspects. The MHRC stated in its annual report that torture was widespread in prisons.

Reputable nongovernmental organizations (NGOs) working with sex workers reported police officers regularly extracted sexual favors from sex workers under the threat of arrest.

In October 2019 the MHRC opened an independent inquiry into allegations police officers raped women and teenage girls in Msundwe, M’bwatalika, and Mpingu in Lilongwe. The alleged rapes were reportedly in retaliation for the killing of police officer Usuman Imedi by an irate mob in Msundwe. A December 2019 MHRC report stated police officers raped and sexually assaulted 18 women and girls, at least four younger than age 18. On August 13, High Court Judge Kenyatta Nyirenda ordered the government to compensate the women. The judge also ordered police authorities to release the report of the internal investigations within 30 days. As of November the report had yet to be submitted.

One allegation of sexual misconduct by a Malawian peacekeeper deployed to the UN Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) reported in 2016 remained pending at year’s end. Two additional allegations of abuses by Malawian peacekeepers with MONUSCO–in 2016 and 2014–were reported during 2019.

According to the Conduct in UN Field Missions online portal, there were three open allegations, submitted in previous years, of sexual exploitation and abuse by Malawian peacekeepers deployed to UN peacekeeping missions, including two submitted in 2018 and one submitted in 2016. As of November the government had not yet provided the accountability measures taken for all three open allegations. The 2016 case remained pending a government investigation. For one of the 2018 cases, the United Nations completed its investigation and was awaiting additional information from the government. The United Nations is still investigating the other 2018 case. All three cases allegedly involved exploitation of an adult.

Impunity was a problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and potentially life threatening due to overcrowding and poor sanitation; inadequate food, potable water, heating, ventilation, lighting, and health care; and torture.

Physical Conditions: An Inspectorate of Prisons report released in September 2019 indicated the Malawi Prison Service was failing to execute its rehabilitative role, while the courts were failing to exercise their sentence review powers in time. A 2018 Inspectorate of Prisons monitoring tour of prisons and police cells across the country found recurrent problems of poor sanitation, poor diet, overcrowding, prisoner abuse, poor ventilation, detention without charge beyond 48 hours, understaffing, prison staff corruption, and insufficient prisoner rehabilitation such as education and vocational training.

Overcrowding and malnutrition remained problems. In December the Malawi Prison Service reported a total prison population of 14,500 in a space with a designed holding capacity of 7,000. Police held detainees in police stations for long periods beyond the legal limit of 48 hours, which contributed to pervasive cell overcrowding.

Authorities held women separately from men but often held pretrial detainees and convicted prisoners together. In police detention centers, children were not always held separately from adults. Although inadequate, detention facilities for women and children were generally better than men’s facilities. The International Organization for Migration (IOM), however, noted significant improvements in the treatment of migrants held at prison facilities, including easier access to care for migrants with medical conditions. The IOM also claimed improved channels of communication with prison staff and easier access to detention facilities. As of October, five male migrants, four Nigerians, and one South African were in detention for immigration offenses. They were convicted, fined, and ordered deported.

As of December, according to the prison service, 15 inmates died in prison, all of natural causes.

Basic emergency medical care generally was available in the daytime but unavailable after regular working hours. Daily prison rations were meager. Officials allowed family members to provide food and encouraged inmates to grow vegetables and raise livestock in rural prisons. Malnutrition in the prison population remained a problem, however, particularly in urban prisons.

Inadequate infrastructure remained a serious problem. Prisons and detention centers had no provisions for temperature control other than wood fires.

Administration: Each prison had a designated welfare officer, some of whom had received specialized training, to receive prisoner complaints regarding conditions. The complaints process, however, was primarily verbal and informal, allowed for censorship, and provided little follow-up. Prisoners sometimes had the opportunity to complain to NGOs that recorded cases for inclusion in government advocacy and reports, but this rarely resulted in follow-up on individual cases.

The MHRC and NGOs working in prisons expressed concern regarding the human rights of detained persons. During the year the MHRC released a report that cited overcrowding, poor sanitation, and inadequate food and health care as major problems in prisons and detention centers. It stated torture was widespread and that most prisoners and detainees lived in degrading and inhuman conditions. From January to August, the MHRC received one complaint regarding the rights of prisoners. NGOs attributed the low number of submitted complaints was due to fear of retaliation by authorities.

Independent Monitoring: The government permitted domestic and international NGOs and media to visit and monitor prison conditions and donate basic supplies. Domestic NGOs, the Malawi Red Cross Society, and diplomatic representatives had unrestricted access to prisons.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention; however, the government did not always observe these prohibitions. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court but does not provide for compensation if the person is found to have been unlawfully detained. Lack of knowledge of statutes and of access to representation meant detainees did not challenge the legality of their detention.

Arrest Procedures and Treatment of Detainees

Police apprehended most suspects without a warrant if they had reasonable grounds to believe a crime was being or had been committed. Only in cases involving corruption or white-collar crime were arrest warrants normally issued by a duly authorized official based on evidence presented. The law provides detainees the right to have access to legal counsel and be released from detention or informed of charges by a court within 48 hours of arrest; however, authorities often ignored these rights. The use of temporary remand warrants to circumvent the 48-hour rule was widespread. Police frequently demanded bribes to authorize bail. Bail was often granted to reduce overcrowding in jails, rather than on the basis of legal merit. Relatives were sometimes denied access to detainees. There were no reports detainees were held incommunicado or held under house arrest.

Detainees who could afford counsel were able to meet with counsel in a timely manner. While the law requires the government to provide legal services to indigent detainees, such aid was provided almost exclusively to suspects charged with homicide. The Legal Aid Bureau is mandated to provide legal assistance to indigent persons. As of December 2019, the bureau had 23 lawyers and 29 paralegals in its three offices, located in the largest cities: Lilongwe, Blantyre, and Mzuzu.

The Center for Human Rights Education, Advice, and Assistance assisted 803 persons detained at police stations and in prisons through its Malawi Bail Project, camp courts, police cell visits, and paralegal aid clinic to expedite their release. During the year the Paralegal Advisory Service Institute (PASI) reached out to 22,499 detainees, for 17,880 of whom it succeeded in obtaining release. PASI and the Center for Legal Assistance, both NGOs that assist prisoners with legal matters, provided limited free legal assistance to expedite trials of detainees. Priority was given to the sick, the young, mothers with infants, persons with disabilities, and those in extended pretrial detention.

Arbitrary Arrest: The constitution and law prohibit arbitrary arrest, unlawful detention, or false arrest. Although sections of the penal code pertaining to rogues and vagabonds used in the past to make arbitrary arrests were struck down as unconstitutional, police made arrests based on other provisions, such as conduct likely to cause breach of peace and obstruction of police officers. Although prostitution is legal, living off the proceeds of prostitution is illegal; police regularly harassed sex workers.

Pretrial Detention: Of the total prison population of approximately 14,000 inmates, an estimated 2,500, or 18 percent, were in pretrial detention. Despite a statutory 90-day limit on pretrial detention, authorities held most homicide suspects in detention for two to three years before trial. There was evidence some homicide detainees remained in prison awaiting trial for much longer periods, but reliable information on the number and situation of these detainees was unavailable.

To reduce case backlog and excessive pretrial detention, certain cases were directed to local courts and camp courts organized by civil society groups to expedite cases by having magistrates visit prisons to adjudicate cases. Paralegals gathered cases of pretrial detainees awaiting trial for excessive periods, who were held unlawfully, or who had been granted bail but were unable to meet the terms set by the court. Magistrates, along with the court clerk and police prosecutor, worked through the list, granting bail to some, reducing bail for others, dismissing cases, or setting trial dates.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. The judicial system, however, was inefficient and handicapped by serious weaknesses, including poor recordkeeping; a shortage of judges, attorneys, and other trained personnel; heavy caseloads; and corruption. The slow-moving judicial system, including extensive delays due to motion practice (a three-step court order request), a low bar for granting injunctions, judge shopping, prosecutorial delay tactics, recusals, and lawyers and witnesses not being present on trial dates, undermined the government’s ability to dispense justice.

The Malawi Defense Force conducts courts-martial but not military or security tribunals. Used more frequently than courts-martial is a nonjudicial procedure under which cases are dealt with summarily by senior officers without a formal trial process. In both procedures military personnel are entitled to the same rights as persons accused in civilian courts.

Trial Procedures

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

Defendants are presumed innocent. The constitution and law require a court to inform an accused of charges within 48 hours of arrest, with free assistance of an interpreter if necessary. Defendants have the right to be present at their trial, to have an attorney, and, if indigent, an attorney provided at state expense, but such assistance was usually limited to homicide cases. Defendants have the right to challenge prosecution or plaintiff evidence and witnesses and present their own witnesses and evidence. By law they may not be compelled to testify or confess guilt. The law does not specify a length of time for the accused to prepare a defense. The slow pace of trials affords defendants adequate time to prepare, but not to adequate facilities due to insufficient prison system funding. All persons have the right of appeal; however, appeals often were delayed for years and sometimes never addressed by a higher court.

The judiciary’s budgetary and administrative problems led to backlogs that effectively denied expeditious trials for most defendants and kept some defendants in pretrial detention for long periods. Recruitment and retention of government attorneys remained a problem. Police prosecutors with limited legal training prosecuted most criminal cases. The Directorate of Public Prosecutions in the Ministry of Justice customarily tried high-profile cases and those involving the most serious offenses. The directorate had 19 prosecuting attorneys supported by 17 paralegals, who also prosecuted certain lower court cases. COVID-19 pandemic restrictions caused trial delays.

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 citizens have access to a court to submit lawsuits seeking damages for, or cessation of, human rights violations. Individuals and organizations may appeal adverse domestic decisions to regional courts. The law provides for administrative and judicial remedies for alleged wrongs; however, a lack of legal professionals restricted the number of human rights cases pursued and resulted in a large backlog. As of November there were only 588 licensed legal practitioners in a country of more than 18 million inhabitants.

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

The constitution and law prohibit such actions, but the government did not always respect these prohibitions.

The law permits police officers of the rank of subinspector or higher to conduct searches without a court warrant if they have reasonable grounds to believe they could not otherwise obtain something needed for an investigation without undue delay. Before conducting a search without a warrant, the officer must write a reasonable-grounds justification and give a copy to the owner or occupant of the place to be searched.

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, and the government generally respected this right.

Freedom of Press and Media, Including Online Media: In the aftermath of the May 2019 tripartite elections, during several weeks in which thousands of citizens protested the results on the streets, the government, through the Malawi Communications Regulatory Authority (MACRA), took at least two separate steps to suppress and curtail freedom of speech.

In June 2019 MACRA banned call-in radio shows, justifying this by claiming the shows were a platform for callers to incite the public against the government. In August 2019 the government banned all radio stations in the country from live broadcasting of demonstrations when most radio stations suspended regular programming to cover the protests. MACRA stated the broadcasters should install a delay machine to allow sufficient time for it to disapprove prohibited content.

In September 2019 the Media Institute of Southern Africa (MISA) Malawi, a private rights advocacy group, applied to the High Court for an injunction against MACRA regarding its blanket ban of call-in programs on radio stations. MISA Malawi was joined in the application by the Times Media Group, Zodiak Broadcasting Station, and Capital Radio. In September 2019 the High Court granted MISA Malawi’s injunction to lift the ban temporarily while the court investigated whether some broadcasters violated the terms of their licenses as alleged by MACRA.

In May the High Court found MACRA at fault for banning radio stations from live broadcasts, and it reversed the regulator’s decision. The court agreed with MISA Malawi that the ban was an infringement of freedom of expression.

Violence and Harassment: On January 8, three journalists were arrested and detained by police at Kamuzu International Airport. Golden Matonga of the newspaper Nation, and Steve Zimba and Francis Chamasowa of Zodiak Radio Station had gone to the airport to cover the arrival of an EU election observation delegation’s report on the disputed 2019 elections. The three journalists were detained for two hours. Police first charged the three with “conduct likely to cause breach of the peace.” After the journalists were taken to the Criminal Investigation Department, the charge was changed to “disorderly conduct under the Aviation Act.” On January 18, the journalists appeared before court only to learn that the charge was dropped.

On February 11, the then deputy minister of transport and public works, Charles Mchacha apologized to journalist Bobby Kabango for verbally attacking and intimidating him. In December 2019 Mchacha made intimating and angry remarks against Kabango when he telephoned a Nation journalist to inquire why he was investigating the deputy minister’s alleged purchase of land belonging to a government department in Blantyre City.

On March 10, police officers at Lilongwe Police Station assaulted four journalists: Hebert Katanda from Luntha Television, Malumbo Ngwira of MIJ FM, Julius Caleone of YONECO FM and Emma Zawanda of Timveni Radio. The journalists were at the police station to cover the arrest of Timothy Mtambo, the then chairperson of the Human Rights Defenders Coalition (HRDC). Police officers fired tear gas to disperse the protesters and then attacked the journalists, threw stones at them and hit one of the journalists with a gun.

Internet Freedom

The 2017 Electronic Transactions and Cyber Security Act criminalizes the act of “knowingly receiving and sharing unauthorized data” and stipulates that a person convicted of sharing or receiving such information is subject to a substantial monetary fine and up to five years’ imprisonment. The law also makes it a crime for any person, willfully and repeatedly, to use electronic communication to attempt to disturb the peace or right of privacy of any person. Civil society organizations decried passage of the law, arguing it was meant to silence persons on social media ahead of the May 2019 national elections. As of November no one had been charged with a crime under the law. Lack of infrastructure and the high cost of internet connections limited internet access.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom during the year; however, the government sporadically censored films it deemed contained culturally sensitive or sexually explicit material.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

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

On March 9, the government executed an arrest warrant for then HRDC chairperson Mtambo, vice chairperson Gift Trapence, and prominent member reverend MacDonald Sembereka for allegedly violating Section 103 of the Police Act prohibiting demonstrations within a 310 feet of state residences and Section 124 of the Penal Code inciting others to break the law when the three called for massive nationwide antigovernment demonstrations. On March 10, HRDC obtained a court injunction, and on March 12, all three made bail. The charges were later dropped.

Freedom of Association

The constitution and law provide for the freedom of association, and the government respected this right. The government required registration of all NGOs and political parties. NGOs must register with three different government entities and pay significant yearly registration fees.

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 and law provide 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 UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern. As of October 31, there were 47,469 asylum seekers and refugees at the Dzaleka Camp. COVID-19 border closures lowered the average monthly arrival total of 470 individuals at the beginning of the year, to an average of 150 March to October, with only 18 new arrivals in June.

Abuse of Migrants, Refugees, and Stateless Persons: Security forces sometimes intimidated refugees and asylum seekers. Police routinely detained and returned to the Dzaleka Camp refugees found outside of the camp, including those with proper identity documents. During the year the UN High Commissioner for Refugees (UNHCR) received no cases of refugees facing forced return to their countries of origin.

There were multiple reports of refugees engaging in survival sex to obtain income to supplement food rations and other necessities in the Dzaleka Camp. UNHCR also reported gender-based violence at Dzaleka.

The MHRC received one complaint of mistreatment at the Dzaleka Camp.

The government continued to ban registration of perceived lesbian, gay, bisexual, transgender, and intersex (LGBTI) asylum seekers on the basis that it was against the law. UNHCR continued to advocate for the Ministry of Homeland Security to reverse its decision and consider registration and processing of all arrivals, including LGBTI cases. UNHCR continued to register persons of concern in the database and conducted the mandatory Refugee Status Determination (RSD).

Access to Asylum: The law provides for the granting of asylum or refugee status, and as of October the government provided protection to more than 47,000 individuals. Asylum seekers primarily came from the Democratic Republic of Congo. Most of them remained designated as asylum seekers.

In April 2019 the government published a gazette notice recognizing asylum seekers from the eastern Democratic Republic of the Congo, in North and South Kivu Provinces, and Katanga Region as refugees. Implementation of automatic refugee status for Congolese citizens was expected to reduce the backlog of asylum seekers awaiting a refugee status determination but at year’s end had yet to be implemented. As of October the RSD backlog in the country stood at 32,499 of the total population of 47,469 asylum seekers and refugees.

Freedom of Movement: Refugees were subject to an encampment policy that restricted them to the Dzaleka Camp, the only official designated refugee camp. Authorities periodically rounded up and returned to the Dzaleka Camp those who left it.

Employment: In general the government did not allow refugees to seek employment or educational opportunities outside the camp. Most refugees were dependent on donor-funded food assistance. A small number of refugees with professional degrees, especially those with medical training, received permits to pursue employment and other opportunities outside the camp.

Access to Basic Services: UNHCR, NGOs, and the government collaborated to provide most basic services. Refugees had access to education and health-care services through camp schools and clinics. The Dzaleka Camp, initially built for 10,000 individuals, housed more than 47,000 persons of concern, creating congestion and a burden on resources and facilities. Overcrowding also increased the risk of the spread of COVID-19. These overtaxed facilities served both refugees and local communities. The inability of most refugees to grow food or earn money due to the encampment policy resulted in 96 percent of the refugees living below the poverty line. Donor-funded assistance did not keep pace with the increasing refugee population.

While local laws and the justice system applied to refugees, inefficiencies and inadequate resources limited access to the system. Law enforcement capacity was extremely limited at the Dzaleka Camp because it had only 13 police officers.

In 2019 refugees and asylum seekers were included in the Malawi Development and Growth Strategy III and the 20192023 United Nations Development Assistance Framework. On several occasions the country expressed its commitment to implement the Comprehensive Refugee Response Framework that aims to integrate refugees into national systems.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees; however, no reliable statistics were available.

g. Stateless Persons

The law does not prevent persons born in the country of unknown or stateless parents from becoming stateless.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide 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: In May 2019 citizens voted in simultaneous presidential, parliamentary, and local elections. International observers characterized conduct of those elections as generally competent, professional, and successful. With 39 percent of the vote, incumbent President Arthur Peter Mutharika of the Democratic Progressive Party was re-elected to a second five-year term. Presidential and vice presidential debates took place and were broadcast on radio and television, which provided voters a tool for evaluating and contrasting candidates and their policies. Lazarus Chakwera of the main opposition Malawi Congress Party received 35 percent of the vote, while Mutharika’s former vice president Saulos Chilima of the United Transformation Movement received 20 percent of the vote. In May 2019 Chakwera and Chilima challenged the election results in court and sought an annulment of the election. In February the High Court nullified the election, and in May the Supreme Court of Appeal reaffirmed the nullification. Another presidential election was conducted on June 23 that opposition leader Chakwera won as the torchbearer of the nine-party Tonse Alliance with 58 percent of the votes. Former president Peter Mutharika garnered 39 percent of the votes. On June 28, Chakwera was sworn in, together with his running mate Saulos Chilima as vice president.

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. Cultural and traditional gender bias and lower levels of literacy, education, and economic empowerment prevented women from participating in the political process to the same extent as men. More women contested parliament and local councilor seats in 2019 than ever before, but a majority ran as independents as the primary system often disadvantaged women from competing as party candidates. Women reported harassment and intimidation when campaigning. There were 45 women elected to the 193-seat National Assembly and 67 women among the 462 elected local councilors. In the 31-member cabinet, there were 12 women of whom four were ministers and eight were deputy ministers. These represented gains of 7 percent in parliament, a 1 percent increase in local councilors, and an 8 percent increase in cabinet positions. Women constituted 25 percent of the civil service. Of the 47 Supreme Court of Appeal and High Court justices, 14 were women.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. There was little criminal or professional accountability for those involved.

The government, in cooperation with donors, continued implementation of an action plan to pursue cases of corruption, review how the “Cashgate” corruption scandal occurred, and introduce internal controls and improved systems to prevent further occurrences. Progress on investigations and promised reforms was slow.

Corruption: The Anti-Corruption Bureau (ACB) is the agency primarily responsible for investigating and prosecuting cases of official corruption. It also works to educate the civil service and public on anticorruption matters. As of November the bureau reported it completed 35 investigations and completed prosecution of 19 cases of which: 10 resulted in convictions, three were acquittals, three were dismissed, and one was discharged; two were civil cases where individuals unsuccessfully sued the ACB. The performance of the ACB was greatly affected by the COVID-19 pandemic; thus, investigations could not be conducted effectively. In the 2020/21 national budget, the government increased the ACB budget by 39 percent that will allow an increase in staff and resources to investigate and prosecute cases.

In January 2019 one Cashgate trial involving 11 suspects concluded with 10 of the suspects convicted and one acquitted. The 10 were convicted of money laundering and conspiracy to commit a felony involving 201 million Malawian kwachas ($264,000) from the former Ministry of Disability and the Department of the Accountant General. In April 2019 the High Court sentenced three of the 10 to five years’ imprisonment each, four of the 10 to four years’ imprisonment each, and the last three of the 10 to three years’ imprisonment each.

The state’s corruption case against former president Bakili Muluzi, begun in 2006, remained stalled.

Financial Disclosure: The constitution requires the president, vice president, and members of the cabinet to disclose their assets in writing to the speaker of the National Assembly within three months of being elected or appointed. There is no requirement under the constitution for the speaker to make the declarations public or available to other members of parliament. The 2013 Public Officers’ (Declaration of Assets, Liabilities and Business Interests) Act requires officials in 49 categories, ranging from the president, members of parliament, and senior officials down to specific categories of civil servants, including traffic police and immigration officers, to make financial disclosures. Noncompliance is grounds for dismissal, and individuals who knowingly provide inaccurate information may be fined, dismissed, or imprisoned.

In 2018 the director of public officers’ declarations wrote the president and the speaker of parliament recommending disciplinary action against a cabinet member and members of parliament for failure to comply with asset declaration statutes. No disciplinary measures had been carried out by November.

Under the law declarations filed by public officials are available to the public upon request, but the director of the Office of the Director of Public Officers’ Declarations may refuse access to declarations that are not considered to be in the public interest. The refusal, however, may be appealed and reversed through a judicial review by the High Court.

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, training civic educators, advocating changes to existing laws and cultural practices, and investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Government Human Rights Bodies: The MHRC, an independent government-chartered institution, is mandated by the constitution to promote and protect human rights and investigate human rights abuses. Despite its independent leadership, resource shortfalls resulted in a backlog of cases, delayed production of reports, and limited investigation of human rights abuses. On February 28, seven MHRC commissioners appointed by the president in March 2019 were sworn in. The delayed swearing in was because the ombudsman had challenged the legality of the appointments of two of the commissioners. The ombudsman and the law commissioner are ex officio members of the MHRC.

The Office of the Ombudsman is mandated to investigate government officials responsible for human rights and other abuses. The Ombudsman’s Office does not take legal action against government officials but may order administrative action to redress grievances and may recommend prosecution to the director of public prosecution. The office had 20 investigators, complemented by three full time legal officers who were assisted by 20 government interns. Due to lack of funds, public awareness campaigns were not conducted. In general the office’s operations were slowed down due to COVID-19 gathering restrictions imposed on by the government. The office maintained a website, Facebook page, and an active Twitter account, and provided regular updates on its activities.

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

Women

Rape and Domestic Violence: The penal code criminalizes rape of women and girls with a maximum penalty of death for conviction. The 2015 Marriage, Divorce, and Family Relations Act explicitly introduces the concept of spousal rape, but the act does not prescribe specific penalties for conviction and applies only to legally separated spouses. Spousal rape may be prosecuted under the rape provisions of the penal code. The government generally enforced the law effectively, and convicted rapists routinely received prison sentences.

Data on the prevalence of rape or spousal rape, prosecutions, and convictions were unavailable; however, press reporting of rape and defilement arrests and convictions were an almost daily occurrence. Although the maximum penalty for conviction of rape is death or life imprisonment, the courts generally imposed lesser prison sentences. For cases of conviction of indecent assault on women and girls, the maximum penalty is 14 years’ imprisonment. A person convicted of indecent assault on a boy younger than age 14 may be imprisoned for up to seven years.

The Ministry of Gender, Community Development, and Social Welfare and donor-funded NGOs conducted public education campaigns to combat domestic sexual harassment, violence, and rape.

The law provides a maximum penalty of life imprisonment for conviction of domestic violence and recognizes that both men and women may be perpetrators as well as victims. Domestic violence, especially wife beating, was common, although victims rarely sought legal recourse. Police regularly investigated cases of rape, sexual assault, and gender-based violence but did not normally intervene in domestic disputes. Police support units provided limited shelter for some abuse victims.

Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. There are no national statistics on FGM/C. The practice of labia elongation or pulling has been documented. It was performed on girls ages 11 to 15 during sexual initiation camps in rural areas of the Southern Region.

Other Harmful Traditional Practices: The law prohibits harmful social, cultural, or religious practices, including “widow cleansing” and “widow inheritance.” Nonetheless, in some areas widows were sometimes forced to have sex with male in-laws or a designee as part of a culturally mandated “sexual cleansing” ritual following the death of the husband. In some cases widows were “inherited” by a brother-in-law or other male relative. The government and NGOs sought to abolish such practices by raising awareness concerning the inherent dangers of such behavior, including the risk of HIV/AIDS transmission.

Kupimbira, a practice that allows a poor family to receive a loan or livestock in exchange for pubescent daughters, existed in some areas.

Despite certain legal prohibitions, many abusive practices, including the secret initiation of girls into the socially prescribed roles of womanhood, continued. Such initiations were often aimed at preparing girls for marriage with emphasis on how to engage in sexual acts. In some traditional communities, girls as young as 10 undergo kusasa fumbi, a “cleansing ritual” in which the girls are raped by men. According to one UN-sponsored study, more than 20 percent of girls in secondary school underwent a form of initiation that involved rape by an older man.

Sexual Harassment: Although sexual harassment was believed to be widespread, there were no data on its prevalence or on the effectiveness of government enforcement of the law. The law makes conviction of sexual harassment punishable by up to five years’ imprisonment and places an obligation on government to have policies and procedures aimed at eliminating sexual harassment. Conviction of “insulting the modesty” of a woman is a misdemeanor punishable by one year’s incarceration. Conviction in extreme cases, such as indecent assault on a woman or girl is punishable by sentences of up to 14 years’ imprisonment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. The law limits abortion to safeguarding the life and mental and physical health of a girl or woman.

Health-care clinics and local NGOs operated freely in disseminating information on family planning under the guidance of the Ministry of Health. There were no restrictions on the right to use contraceptives, but access was limited in rural areas. According the 2016 Malawi Demographic and Health Survey (MDHS), 81 percent of girls and women of reproductive age had their need for family planning satisfied with modern methods. The government provided free childbirth services, but availability depended upon access to hospitals and other medical facilities in rural areas.

The MDHS estimated the maternal mortality rate was 439 deaths per 100,000 live births, and a woman’s lifetime risk of maternal death was one in 29. HIV/AIDS and adolescent pregnancy were factors in these high rates. Nurses and midwives were a critical component of prenatal and postnatal care due to a shortage of doctors. According to the National Statistical Office, skilled health-care providers assisted in 90 percent of births in 2018. There was only limited access to emergency obstetric care, particularly in rural areas.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. In November 2019 the Office of the Ombudsman launched a public appeal for information and testimony following media reports of involuntary hysterectomies of caesarian patients at Blantyre’s referral hospital.

Discrimination: By law women have the same legal status and rights as men and may not be discriminated against based on gender or marital status, including in the workplace. Nevertheless, women had significantly lower levels of literacy, education, and formal and nontraditional employment opportunities, as well as lower rates of access to resources for farming. Widows often were victims of discriminatory and illegal inheritance practices in which most of an estate was taken by the deceased husband’s family. Although Malawian men may sponsor their wives for naturalization, the law does not permit Malawian women to sponsor their husbands for naturalization.

The government addressed women’s concerns through the Ministry of Gender, Community Development, and Social Welfare. The law provides for a minimum level of child support, widows’ rights, and maternity leave; however, few knew their rights or had access to the legal system and thus did not benefit from these legal protections.

Children

Birth Registration: Citizenship may be derived from birth within the country or abroad to at least one Malawian parent “of African race.” There were no reports of discrimination or denial of services due to lack of birth registration.

Education: The government provided tuition-free primary education for all children. Education up to age 18 is compulsory, although many families could not afford book fees and uniforms, and limited space in secondary schools prevented many students from continuing beyond primary education. Students from poor families had access to a public book fund.

Child Abuse: Child abuse remained a serious problem. The press regularly reported cases of sexual abuse of children, including arrests for rape, incest, sodomy, and defilement.

The law prohibits subjecting a child to any social or customary practice that is harmful to health or general development. Prohibited practices include child trafficking, forced labor, early and forced marriage or betrothal, and use of children as security for loans or other debts.

The Ministry of Gender, Community Development, and Social Welfare activities to enhance protection and support of child victims included reuniting rescued victims of child labor with their parents and operating shelters for vulnerable children.

Child, Early, and Forced Marriage: The law sets the minimum age for marriage at 18. According to UNICEF, 46 percent of girls are married before 18, and 9 percent of girls are married before 15. Civic education on early marriage was carried out mainly by NGOs. Some traditional leaders annulled early marriages and returned the girls involved to school.

Sexual Exploitation of Children: The law forbids engaging in sexual activity with children younger than age 16 and stipulates penalties for conviction of 14 to 21 years’ imprisonment. The law further prohibits “indecent practice” in the presence of or with a child, with offenders liable to 14 years’ imprisonment.

The law prohibits commercial sexual exploitation of children, including child pornography and using a child for public entertainment of an immoral or harmful nature. The maximum penalty for conviction of engaging in child pornography is 14 years’ imprisonment, while those found guilty of procuring a child for public entertainment are liable to a substantial monetary fine and seven years’ imprisonment. The law was not effectively enforced.

The widespread belief that children were unlikely to be HIV-positive and that sexual intercourse with virgins could cleanse an individual of sexually transmitted diseases, including HIV/AIDS, contributed to the widespread sexual exploitation of minors. The trafficking of children for sexual purposes was a problem, and child prostitution for survival at the behest of parents or without third-party involvement occurred. In urban areas bar and rest house owners recruited girls as young as 12 from rural areas to do household work such as cleaning and cooking. They then coerced them to engage in sex work with customers in exchange for room and board.

Displaced Children: According to the 2015 Demographic and Health Survey, 20 percent of children younger than age 18 were not living with either biological parent, and 12 percent were orphaned or vulnerable due to extended parental illness or death. Extended family members normally cared for such children and other orphans.

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

Anti-Semitism

The Jewish community is very small, and there were no known 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 Disability Act prohibits discrimination in education, health care, the judicial system, social services, the workplace, housing, political life, and cultural and sporting activities for persons with disabilities, defined as a long-term physical, mental, intellectual, or sensory impairment. The law prohibits discrimination against persons with disabilities in political and public life and calls for the government to take measures to provide access for them to transportation, information, and communication services. The law provides for the establishment of a disability trust fund to support persons with disabilities, including regarding access to public facilities, both governmental and private.

Societal stigma related to disability and the lack of accessibility to public buildings and transportation negatively affected the ability of persons with disabilities to obtain services and obtain and maintain employment.

Accommodations for persons with disabilities were not among the government’s priorities. Although the Disability Act took effect in 2013, the government had yet to adopt standards and plans for its enforcement and implementation. The Ministry of Gender, Community Development, and Social Welfare is responsible for protecting the rights of persons with disabilities, but it was unable to do so.

There were public and privately supported schools and training centers that assisted persons with disabilities. As of August the MHRC reported t two complaints were received related to abuse of disability rights.

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

The law criminalizes consensual same-sex sexual activity, or “unnatural offenses,” and conviction is punishable by up to 14 years’ imprisonment, including hard labor. Conviction of attempting “unnatural offenses” is punishable by seven years’ imprisonment. The penal code also criminalizes “indecent practices” between men as well as between women and provides for punishment of five years’ imprisonment if convicted. The government did not actively enforce these laws.

Same-sex sexual activity may also be prosecuted as “conduct likely to cause a breach of the peace.”

The Center for the Development of People documented 15 instances of abuse based on sexual orientation and gender identity. The nature of the abuses fell into three broad categories: stigma, harassment, and violence.

While the law does not prohibit discrimination against LGBTI persons, the revised Malawi National Strategic Plan for HIV and AIDS (2020-25) has also included the transgender and the men who have sex with men community as part of the key populations to be targeted reach towards its goals.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV and AIDS remained a problem, especially in rural areas. Many individuals preferred to keep silent regarding their health conditions rather than seek help and risk being ostracized. Campaigns by the government and NGOs to combat the stigma had some success. The National AIDS Commission maintained that discrimination was a problem in both the public and private sectors.

The 2012 People Living with HIV Stigma Index for Malawi indicated that of 2,272 persons with HIV interviewed, significant percentages reported having been verbally insulted, harassed, and threatened (35 percent) and excluded from social gatherings (33 percent).

Other Societal Violence or Discrimination

Mobs and local citizens sometimes engaged in vigilante attacks, at times killing persons suspected of crimes such as theft.

There were several attacks on persons with albinism driven by demand for body parts for witchcraft rituals. Religious, traditional, civil society, and political leaders, including the president, publicly denounced the attacks. On July 24, Dorothy Jeffrey, a woman with albinism, survived an attempted abduction at night at her home in Moliha Village in Machinga District. She and her grandmother were injured; one of her suspected abductors was arrested.

In January 2019 Eunice Nkhonjera, an 18-month-old girl with albinism, was abducted from her home in the northern town of Karonga. In February 2019 police arrested three persons suspected of involvement in her kidnapping. Goodson Makanjira, a 14-year-old boy with albinism, was abducted from his home in the central region district of Dedza. Police arrested six suspects, one of whom, Buleya Lule, died in police custody. Both cases remained under police investigation at year’s end. In a sign of increased vigilance against killings of persons with albinism, courts across the country handed down severe sentences to those convicted of killing persons with albinism.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law allows workers, except for military personnel and police, to form and join trade unions of their choice without previous authorization. Unions must register with the Registrar of Trade Unions and Employers’ Organizations in the Ministry of Labor, Skills, and Innovation; registration requirements are not onerous, but failure to meet annual reporting requirements may result in cancellation of a union’s registration. The law places some restrictions on the right to collectively bargain, including requirements of prior authorization by authorities, and bargaining status. The law provides for unions to conduct their activities without government interference. The law also prohibits antiunion discrimination and provides for remedial measures in cases of dismissal for union activity. The law does not specifically prohibit retaliation against strikers or actions against unions that are not registered.

The law requires that at least 20 percent of employees (excluding senior managerial staff) belong to a union before it may engage in collective bargaining at the enterprise (factory) level, and at least 15 percent of employees must be union members for collective bargaining at the sector (industry) level. The law provides for the establishment of industrial councils in the absence of collective agreements for sector-level bargaining. Industrial council functions include wage negotiation, dispute resolution, and industry-specific labor policy development. The law allows members of a registered union to strike after going through a mandatory mediation process overseen by the Ministry of Labor. A strike may take place only after failure of a lengthy settlement procedure, including seven days’ notice of a strike and a 21-day conciliation process as set out in the Labor Relations Act. The law also requires the labor minister to apply to the Industrial Relations Court to determine whether a strike involves an “essential service,” the interruption of which would endanger the life, health, or personal safety of part of the population. The law does not provide a specific list of essential services. Members of a registered union in essential services have only a limited right to strike. There are no special laws or exemptions from regular labor laws in export-processing zones. The law does not apply to most workers who are in the informal sector without work contracts.

The government did not effectively enforce applicable laws. As was true of all cases entering the justice system, lack of capacity resulted in delays of some labor cases. Small fines for most violations were not commensurate with those for other laws involving denials of civil rights. Provisions exist for punishment of up to two years’ imprisonment, but no convictions were reported.

Freedom of association and the right to collective bargaining were adequately respected for those in the formal sector. Union membership among workers was low due to the small percentage of the workforce in the formal sector.

Arbitration rulings were legally enforceable; however, the Industrial Relations Court did not monitor cases or adequately enforce the laws.

Informal-sector workers organized in the Malawi Union for the Informal Sector (MUFIS), which is affiliated with the Malawi Congress of Trade Unions. MUFIS worked with district councils to address issues affecting informal workers due in part to a Ministry of Labor decision that MUFIS did not have sufficient standing to bargain collectively with employers.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but penalties for conviction were not commensurate with those for other analogous serious crimes.

The government did not effectively enforce applicable laws, and forced labor occurred during the year, especially in agriculture (predominantly the tobacco industry), goat and cattle herding, and brickmaking. Child forced labor also occurred (see section 7.c.). Under the tenancy system, estate owners recruit farmers from distant districts to grow tobacco for them on their estates. The tenants are often promised such services as accommodation and food rations as well as a share of the earnings from sales. Tenant farmers include men and women, usually accompanied by their children and dependents. Most tenants are from the southern region of the country and work in the central or northern region. Employers loan the tenant farmers money to buy agricultural inputs during the growing season. If they are unable to repay the loans, they fall into situations of debt bondage.

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 sets the minimum age for employment at 14, and children between ages 14 and 18 may not work in hazardous jobs or jobs that interfere with their education. The prohibition of child labor does not apply to work done in homes, noncommercial farms, vocational technical schools, or other training institutions. The Employment Act provides a list of hazardous work for children and specifies a fine or imprisonment for conviction of violations. Penalties were not commensurate with those for other analogous serious crimes.

Police and Ministry of Labor officials were responsible for enforcing child labor laws and policies. The government did not effectively enforce the law, and child labor occurred.

Child labor, including the worst forms of child labor, remained a serious and widespread problem. The 2015 National Child Labor Survey found 38 percent of children ages five to 17 were involved in child labor. Child labor was most prevalent in agriculture, especially tea, tobacco and livestock herding, brickmaking and construction, and domestic service. Forced child labor also occurred, particularly in agriculture, construction, forced begging and street work, use in illicit activities, and commercial sexual exploitation (see section 6, Children). Children often worked 12-hour days, frequently for little or no pay. Many boys worked as vendors, and young girls in urban areas often worked outside their families as domestic servants, receiving low or no wages. Children who worked in the tobacco industry risked working with hazardous chemicals and sometimes suffered from nicotine poisoning. The closure of schools due to the COVID-19 pandemic led more children into situations of child labor, especially in rural areas.

In February 2019 the Tobacco Industry Act came into force, requiring tobacco growers to report on efforts to eliminate child labor in tobacco farming. As a result of the law, most major tobacco companies put in place systems to address child and forced labor in their supply chain and the Tobacco Commission engaged in awareness-raising 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 employment law prohibits discrimination against any employee or prospective employee but does not cover sexual orientation or gender identity, and the government in general did not effectively enforce the law. Penalties were commensurate with those for laws related to civil rights.

Discrimination in employment and occupation occurred with respect to gender and disability (see section 6). Despite the law against discrimination based on gender or marital status, discrimination against women was pervasive, and women did not have opportunities equal to those available to men. Women had significantly lower levels of literacy, education, and formal and informal employment opportunities. Few women participated in the limited formal labor market, and underrepresentation in the employment of women in managerial and administrative jobs was especially poor. Households headed by women were overrepresented in the lowest quarter of income distribution. On October 9, protesters criticized the government’s failure to comply with the Gender Equality Act’s requirement to include no less than 40 percent of either men or women in public appointments.

LGBTI individuals faced discrimination in hiring and harassment, and persons with disabilities faced discrimination in hiring and access to the workplace.

e. Acceptable Conditions of Work

The minister of labor sets the minimum wage rate based on recommendations of the Tripartite Wage Advisory Board composed of representatives of labor, government, and employers. The minimum wage was set below the World Bank’s poverty income level. In 2018 the World Bank estimated 69 percent of citizens lived below the poverty line.

Migrant workers are entitled to the same legal protections, wages, and working conditions as citizens if they comply with immigration laws. Those persons not in compliance, however, lacked these protections and were subject to deportation.

The legal workweek is 48 hours, with a mandatory weekly 24-hour rest period. The law requires premium payment for overtime work and prohibits compulsory overtime. The law provides for a period of annual leave of no less than 15 working days.

The law establishes occupational safety and health (OSH) standards that are appropriate for the main industries in the country. The Ministry of Labor houses a Directorate of Occupational Safety and Health responsible for minimum standards, but the number of labor inspectors was insufficient to enforce the law effectively. Inspectors had the authority to make unannounced inspections and initiate sanctions. Workers, particularly in industrial jobs, often worked without basic safety clothing and equipment. Workers harvesting tobacco leaves generally did not wear protective clothing and absorbed up to 54 milligrams of dissolved nicotine daily through their skin, the equivalent of 50 cigarettes.

Workers have the right to remove themselves from dangerous work situations without jeopardy to continued employment. Workers dismissed for filing complaints regarding workplace conditions have the right to file a complaint at the labor office or sue the employer for wrongful dismissal; however, these processes were not widely publicized, and workers were unlikely to exercise these rights. Authorities did not effectively protect employees in this situation.

The government did not effectively enforce laws related to OSH, wages, or overtime. Workweek and annual leave standards were not effectively enforced and employers frequently violated statutory time restrictions. The Ministry of Labor’s enforcement of health and safety standards was also poor. The law specifies fines and imprisonment for violations, but these penalties were not commensurate with those for similar crimes, and no reports of jail terms were ever reported. Because the law is limited to the formal sector, it did not apply to the more than 88 percent of the working population that worked in the informal sector.

In April prison guards in Blantyre went on strike to demand personal protective equipment and hazard pay amid the COVID-19 pandemic. Police attempts to break the strike resulted in violence and injuries, according to media reporting.

Mozambique

Executive Summary

Mozambique is a multiparty parliamentary democracy with a freely elected republican form of government. In October 2019 voters re-elected as president Filipe Jacinto Nyusi of the ruling Front for the Liberation of Mozambique Party with 73 percent of the vote in an election with many irregularities reported by observers. In the run-up to elections, several incidents of serious violence and intimidation contributed to public doubts that the elections would be safe and fair. On election day national and international observers considered voting generally orderly but reported systemic vulnerabilities, such as inconsistent application of election procedures and lack of transparency during vote tabulation. A number of foreign observers–including from the EU and European Commonwealth–and domestic civil society organizations expressed concerns regarding election irregularities. These included delays in observer credentialing, nonregistration of large numbers of independent and opposition observers, the arrest and intimidation of some opposition observers, late release of campaign funding to political parties, intentional spoiling of ballots, vote falsification, and inordinately high voter turnout in some districts that indicated ballot-box stuffing.

The National Police, the National Criminal Investigation Service, and the Rapid Intervention Unit are responsible for law enforcement and internal security. They report to the Ministry of the Interior. The Border Security Force–responsible for protecting the country’s international borders and for carrying out police duties within 24 miles of borders–also reports to the Ministry of the Interior. The State Intelligence and Security Service reports directly to the president and is responsible for intelligence operations. The Presidential Guard provides security for the president, and the Force for the Protection of High-level Individuals provides security for senior-level officials at the national and provincial levels. The Armed Defense Forces of Mozambique, consisting of the air force, army, and navy, are responsible for external security, cooperate with police on internal security, and have natural disaster and emergency response functions. The president is commander in chief of all these forces. Civilian authorities at times did not maintain control over security forces. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings; forced disappearance by government security forces; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious abuses in an internal conflict; serious restrictions on free expression and the press, including violence, threats of violence, or unjustified arrests or prosecutions against journalists; widespread acts of official corruption; and violence against women and inadequate government efforts to investigate, prosecute, or otherwise hold perpetrators accountable.

The government took steps to investigate, prosecute, and punish some officials who committed abuses; however, impunity remained a problem at all levels.

During the year violent attacks against government forces and civilian populations that began in 2017 escalated dramatically in frequency, intensity, and complexity in the northeastern districts of Cabo Delgado Province, where ISIS-Mozambique made significant advances. From January to November, there were an estimated 1,484 fatalities in Cabo Delgado Province, of which 602 resulted from targeted extremist violence against civilians and 109 resulted from security force violence against civilians according to the Armed Conflict Location and Event Data Project. Human rights organizations and the government stated violent extremists committed human rights abuses against civilians that included beheadings, kidnappings, and the use of child soldiers. Abductions and forced displacement by extremists of civilians increased, sometimes including burning entire communities. Security force responses to this violence were sometimes heavy handed, including arbitrary arrest and detention and alleged extrajudicial killings of both suspected violent extremists and civilians.

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 credible reports by media and international human rights organizations that the government or its agents committed arbitrary or unlawful killings. Most reports named security forces, particularly the Armed Forces of Mozambique (FADM) operating in Cabo Delgado Province, while others identified National Police (PRM) and the Rapid Intervention Unit (UIR) members as perpetrators. The Attorney General’s Office is responsible for investigating and prosecuting perpetrators of security force killings deemed unjustifiable; however, the government failed to investigate many reports of abuses.

There were numerous abuses similar to the following examples. Although a lack of access to Cabo Delgado Province impeded verification by media and human rights organizations, media reported security forces shot and killed between 18 and 48 civilians on small boats in the vicinity of Ibo Island between April 12 and 21. On April 12, individuals wearing FADM uniforms reportedly shot and killed 12 fishermen and merchants and looted their ships’ cargo. On April 23, the president stated security forces in Cabo Delgado Province might have “unintentionally” violated human rights in combatting violent extremists. On September 14, a video emerged on social media showing armed, uniformed men walking on a paved road in a rural area following a naked woman and yelling “Shabaab,” the local name for ISIS-Mozambique. She was beaten with a stick and shot several times. The president and senior officials claimed that the terrorist groups in Cabo Delgado Province had created the video as part of a misinformation campaign and that an investigation had been opened. No details or results of an investigation had been released by year’s end.

Police were accused of arbitrary and sometimes violent enforcement of the COVID-19 state of emergency orders issued by the president on April 1. For example, on April 21, in Sofala Province, media reported that two PRM officers beat a resident to death for threatening to film them playing soccer after they broke up a match in which players had violated social distancing rules. On April 23, the officers involved were arrested, and the PRM announced it would investigate the incident and apply disciplinary measures if warranted. The PRM had not released further information on the case by year’s end.

On June 17, six police officers of the Gaza Province UIR and the Gaza Special Operations Unit were convicted of murder for the October 2019 killing of civil society leader Anastacio and were sentenced to prison terms ranging from two to 24 years.

Human rights organizations and the government stated violent extremists in Cabo Delgado Province committed human rights abuses against civilians that included beheadings, kidnappings, and use of child soldiers. From January to November, there were an estimated 1,484 fatalities in Cabo Delgado Province, of which 602 resulted from targeted extremist violence against civilians and 109 resulted from security force violence against civilians. Extremists also abducted civilians during village raids. Security force responses to this violence was often heavy handed, including arbitrary arrest and detention and extrajudicial killings of suspected violent extremists and civilians.

There were numerous abuses reported by media similar to the following example. On September 30, extremists beheaded seven persons, shot and killed another seven, and tortured others during a two-week period. Extremists also posted videos depicting the mutilation of corpses of security force members.

b. Disappearance

There were reports of disappearances by or on behalf of civilian or military authorities.

According to media, in March activist Roberto Abdala, who worked for the land rights nongovernmental organization (NGO) Centro Terra Viva (the Living Earth Center) disappeared in the northern city of Palma. Abdala remained missing at year’s end.

On April 9, independent online newspaper Carta de Mocambique reported that military members abducted independent journalist Ibraimo Mbaruco in Cabo Delgado Province. On April 7, Mbaruco’s last communication was a text message stating he was surrounded by military members. On April 27, Augusto Guta, police public relations head in Cabo Delgado Province, stated police were searching for Mbaruco and requested the public’s help locating him. Mbaruco’s whereabouts remained unknown at year’s end.

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

The constitution and law prohibit such practices, but international and domestic human rights groups reported mistreatment of detainees, specifically those detained in Cabo Delgado Province as a result of counterterrorism operations. At least two videos surfaced that showed security forces physically abusing terrorist suspects. For example, in August a video appeared showing alleged government security force members caning three terrorist suspects; one suspect appeared to have been caned to death. In September the government stated it had opened an investigation into the matter. No additional information was available by year’s end.

According to human rights activists, impunity was a significant problem within the security forces, particularly forces operating in Cabo Delgado Province. A weak judicial system contributed to impunity, including a lack of capacity to investigate cases of abuse and to prosecute and try perpetrators. The Human Rights Commission is mandated to investigate allegations of abuses. The government did not provide widespread or systemic training increase respect for human rights and prevent abuses by security force members.

Prison and Detention Center Conditions

Prison conditions remained harsh and potentially life threatening in most areas due to gross overcrowding, inadequate sanitary conditions, and limited medical care.

Physical Conditions: Government officials and civil society organizations cited as serious problems overcrowding, poor nutrition, poor hygiene and medical care, the inclusion of juvenile prisoners in adult facilities, and convicted and untried prisoners sharing cells. Almost all prisons dated from the pre-1975 colonial era, and many were in an advanced state of dilapidation. The attorney general’s annual report to parliament issued in May cited overcrowding and degradation of infrastructure as threats to the security, rehabilitation, and human rights of prisoners. The Attorney General’s Office (PGR) acknowledged an acute shortage of prison facilities and that lack of adequate facilities contributed to the abuse of detainees. According to the PGR, prisons were 232 percent above capacity with 19,789 prisoners occupying space for only 8,498.

On April 6, parliament approved an amnesty law in response to COVID-19 that provided for the release of prisoners convicted of minor offenses to ease overcrowding in the National Penitentiary Service. Media reported the release of approximately 5,000 detainees.

Juvenile detainees were held in preventive detention with adult prisoners. Inmates with disabilities often shared cells with other prisoners. No information was available on deaths in prison, jails, pretrial detention, or other detention centers attributed to physical conditions, including on whether authorities took remedial action.

Administration: Although no formal system specific to prisons existed for receiving or tracking complaints, prisoners were free to contact the PGR, the national ombudsman, or NGOs with complaints.

Independent Monitoring: International and domestic human rights groups had access to prisoners at the discretion of the Ministry of Justice, Constitutional, and Religious Affairs and the Ministry of the Interior, and permission to visit prisoners was generally granted. The Mozambican Human Rights League and the National Commission on Human Rights (CNDH) had a high degree of access to prisons run by the Ministry of Justice, Constitutional, and Religious Affairs.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right to challenge the lawfulness of arrest or detention in court. The government generally observed these requirements; however, civil society groups reported security forces repeatedly arrested and detained persons, including journalists and civil society activists in northern Cabo Delgado Province on unsubstantiated charges of involvement in extremist violence or property destruction.

Arrest Procedures and Treatment of Detainees

Apart from operations countering extremist violence in northern Cabo Delgado Province, authorities generally did not detain suspects without judicial authorization. By law judges or prosecutors must first issue an arrest warrant unless a suspect is caught in the act of committing a crime. The maximum length of investigative detention is 48 hours without a warrant or six months with a warrant, during which time a detainee has the right to judicial review of the case. A detainee may be held another 90 days if the National Criminal Investigation Service continues its investigation. A person accused of a crime carrying a potential maximum sentence if convicted of more than eight years’ imprisonment may be detained up to an additional 84 days without being formally charged. A court may approve two additional 84-day periods of detention without charge while police complete their investigation. The detainee must be released if no charges are brought within the prescribed period for investigation. Authorities, however, did not always respect these legal requirements.

The law provides for citizens’ right to access the courts and the right to legal representation, regardless of ability to pay for such services. Indigent defendants, however, frequently received no legal representation due to a shortage of legal professionals willing to work without charge. There were no reports of suspects held incommunicado or under house arrest.

The bail system remained poorly defined.

Pretrial Detention: Lengthy pretrial detention continued to be a serious problem due to a lack of judges and prosecutors and poor communication among authorities.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. Some civil society groups asserted, however, that the executive branch and ruling Front for the Liberation of Mozambique Party (Frelimo) exerted influence on an understaffed and inadequately trained judiciary, especially in politically sensitive national security cases where extremist suspects were accused of violent crimes in Cabo Delgado Province.

Trial Procedures

The constitution and law provide for the right to a fair and public trial without undue delay, and the judiciary generally enforced this right. Courts presume accused persons innocent, and defendants have the right to be informed promptly and in detail of the charges. By law defendants are entitled to a fair, timely, and public trial, and the right to be present at their trial. Defendants enjoy the right to communicate with an attorney of their choice, and the law specifically provides for public defenders for all defendants, although this did not always happen. While defendants have adequate time to prepare a defense, they often do not have adequate facilities to do so. Defendants also have the right to free interpretation as necessary, and authorities generally did not deny persons these rights. Convicted persons may appeal lower court decisions to a higher court.

By law only judges or lawyers may confront or question witnesses. A defendant may present witnesses and evidence on their own behalf. The government generally upheld such rights. Defendants may not be compelled to testify or confess guilt.

Persons accused of crimes against the government, including treason or threatening national security, are tried in open civilian courts according to standard criminal judicial procedures. Members of media and the general public attended trials throughout the year; however, a judge may order a trial closed to media in the interest of national security, to protect the privacy of the plaintiff in a sexual assault case, or to prevent interested parties outside the court from destroying evidence.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals or organizations may seek civil remedies for human rights abuses through domestic courts. By law citizens may file lawsuits through the Office of the Ombudsman, the CNDH, and the Mozambican Bar Association seeking cessation of human rights abuses, damages for abuses, or both. The country is a signatory to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights.

The Office of the Ombudsman is constitutionally designated as guarantor of citizens’ legal rights in dealings with the government. Citizens may file complaints with the Ombudsman’s Office. Each complaint is reviewed and an investigation initiated if the Ombudsman’s Office judges it legitimate.

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

The constitution and law prohibit arbitrary or unlawful interference with privacy, family, home, or correspondence; however, there were reports the government at times failed to respect the privacy of personal communications, particularly those of civil society activists and journalists. There were no reports authorities entered homes without judicial or other appropriate authorization. Some civil society activists stated government intelligence services and operatives of the ruling party monitored telephone calls and emails without warrants, conducted surveillance of their offices, followed opposition members, used informants, and disrupted opposition party activities in certain areas.

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. The government did not always effectively protect or respect these freedoms. Academics, journalists, opposition party officials, and civil society reported an atmosphere of intimidation and fear that restricted freedom of speech and press. Journalists expressed concern regarding government intimidation by security forces.

Freedom of Speech: There were no official restrictions on the ability of individuals to criticize the government or on the discussion of matters of general public interest; however, police imposed de facto restrictions on free speech and expression throughout the year. Opposition and civil society members complained they could not freely criticize the government without fear of reprisal.

Freedom of Press and Media, Including Online Media: Media outlets and individual journalists regularly reported on a broad range of topics and criticized the government, the ruling party, and prominent political figures. The vast majority of critical articles did not result in retaliation from the government or the ruling party. Civil society organizations and journalists, however, stated the government and ruling party exerted substantial pressure on all forms of media and took retaliatory action when unspecified limits were crossed, particularly related to reporting on the conflict in Cabo Delgado Province. In early December the government withdrew the credentials of a foreign correspondent who had reported on Cabo Delgado Province and sensitive issues related to the ruling party. On December 13, the National Bar Association and Human Rights Commission called for greater media freedom to cover events in Cabo Delgado Province.

In August 2019 parliament passed a law criminalizing photographing or recording video and audio of individuals without their consent. Conviction of violating this law is punishable by up to one year in prison.

On August 23, an apparent arson attack decimated the offices of the weekly newspaper Canal de Mocambique and its online sibling CanalMoz, which published articles critical of the government’s operations in Cabo Delgado Province. On August 25, the president issued a statement condemning the attack, asserting the importance of a free press, and pledging to open an investigation. As of October authorities had not made any arrests or stated whether an investigation was being conducted.

In December 2019 unknown assailants attacked Executive Editor Matias Guente of Canal de Mocambique with baseball bats and golf clubs during a failed kidnapping attempt in Maputo. As of October authorities had not arrested anyone in connection with the attack.

As of October the Cabo Delgado Provincial Court had yet to try journalist Amade Abubacar, who was charged in September 2019 with “public instigation through the use of electronic media, slander against forces of public order, (and) instigation or provocation to public disorder.” In January 2019 soldiers arrested Abubacar in Cabo Delgado Province as he was interviewing residents who were fleeing insurgent attacks. He was held incommunicado in a military detention facility until his lawyers succeeded in obtaining his transfer to a civilian prison. Amnesty International stated mistreatment of Abubacar while in detention included “physical aggression, forcing him to sleep handcuffed,” and food deprivation. It concluded that this amounted “to cruel, inhuman or degrading treatment or punishment, or even torture.” In April 2019 Abubacar was released under terms that restricted him to Cabo Delgado Province.

National Security: Authorities cited violation of antiterrorism and national security laws to arrest journalists who reported on violence in Cabo Delgado Province and COVID-19. For example, on June 25, independent journalist with Carta de Mocambique Omardine Omar was arrested while investigating a complaint of police harassment and extortion of street vendors; he was jailed for three nights and fined for violating state of emergency measures related to COVID-19. Despite the prosecution’s motion to dismiss charges, on June 30, Judge Francisca Antonio of the Ka Mpfumo Court in Maputo convicted him of civil disobedience and sentenced him to 15 days’ imprisonment.

In June the public prosecutor charged Matias Guente (see section 2.a., Violence and Harassment) and Canal de Mocambique editorial director Fernando Veloso with violating “state secrets” for their March 11 publication of confidential government documents that detailed questionable Ministry of Defense and Ministry of Interior contracting arrangements with gas companies operating in Cabo Delgado Province. During a July 10 hearing in Maputo, Guente (Veloso was reportedly in Portugal) refused to divulge the sources for their reporting. As of October, Guente’s case had yet to be tried, and Veloso reportedly remained in Portugal. The NGO Center for Democracy and Development described the case as an act of “persecution” and “absurd,” noting that media “are not privy to classified information from the state.”

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content; however, there were reports the government monitored private online communications without appropriate legal authority. For example, members of civil society reported government intelligence agents monitored email and used false names to infiltrate social network discussion groups, and internet freedom advocates believed the intelligence service monitored online content critical of the government.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events; however, some academics reported self-censorship due to concerns they were under government surveillance.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association. The government did not always respect these rights.

Freedom of Peaceful Assembly

By law protest organizers do not require government authorization to protest peacefully; however, they must notify local authorities of their intent in writing at least four business days in advance. Unlike in 2019, there were no incidents in which authorities prevented protest gatherings.

Freedom of Association

The Ministry of Justice, Constitutional, and Religious Affairs by year’s end had not acted on the request for registration of the Mozambican Association for the Defense of Sexual Minorities (LAMBDA)–the country’s only lesbian, gay, bisexual, transgender, and intersex (LGBTI) advocacy NGO. Although the registration process usually takes less than two months, LAMBDA’s request has been pending since 2008 despite resubmissions of its application. Civil society leaders and some diplomatic missions continued to urge the ministry to act on LAMBDA’s application and to treat all registration applications fairly. In 2017 the Constitutional Court ruled LAMBDA and other groups could not be precluded from registration based on “morality” but did not direct the government to grant official recognition to LAMBDA. The organization continued to pursue a previously filed case with the Administrative Tribunal–the highest jurisdiction for administrative matters–specifically seeking to compel the government to respond to its registration request.

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 and law provide 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

The International Organization for Migration estimated there were more than 320,000 internally displaced persons (IDPs) in the country in September, due to the violence in Cabo Delgado Province and cyclones Idai and Kenneth in 2019. Since 2017 the conflict in Cabo Delgado Province has displaced more than 250,000 residents in the six northern districts of the province.

The government subscribes to the safe, voluntary, dignified return, resettlement, or local integration of IDPs, and its policies are in line with the UN Guiding Principles on Internal Displacement. Authorities did not always closely follow government policy, and there were incidents of the movement or relocation of IDPs inconsistent with the UN guiding principles. Authorities limited access to some areas of Cabo Delgado Province.

f. Protection of Refugees

The government generally 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, or 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. The government provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Durable Solutions: The government worked closely with UNHCR to implement a local integration program for refugees in communities in Maputo and nearby Matola and at the Maratane Camp in Nampula Province. UNHCR referred a limited number of refugees for third-country resettlement.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide 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 August 2019 the government and the main opposition party, Renamo, signed cessation of hostilities and a peace agreement that the National Assembly enacted into law, formally ending four years of sporadic conflict. As provided for by the peace agreement, with oversight and assistance from an international contact group composed of resident diplomatic representatives from seven countries, as of November approximately 1,300 of 5,221 Renamo soldiers had been disarmed, demobilized, and reintegrated, and six of 16 Renamo bases dismantled.

Elections and Political Participation

Recent Elections: In October 2019 the country held national elections for president, parliament, and provincial assemblies. Domestic and international observers noted voting-day procedures were generally orderly but lacked transparency and accountability during vote tabulation. The EU, European Commonwealth, and civil society organizations reported significant irregularities. These included discrepancies between the number of voters registered and the number of eligible voters, particularly in Gaza and Zambezia Provinces; delays in observer credentialing; nonregistration of more than 3,000 independent and opposition observers; the arrest and intimidation of some opposition observers; late release of campaign funding to political parties; intentional spoiling of ballots; vote falsification; and inordinately high voter turnout in some districts that indicated ballot-box stuffing. During vote tabulation, civil society and international observers noted that election authorities did not exercise systematic control of ballots, which created opportunities for tampering or altering voting results.

The two major opposition parties, Renamo and the Democratic Movement of Mozambique, did not recognize the election results as legitimate, and opposition-party members of the National Election Commission (CNE) voted unanimously to reject certification of the provisional results. The president of the CNE acknowledged irregularities occurred and stated the Constitutional Council would determine whether the elections were free, fair, and transparent. In December 2019 the Constitutional Council acknowledged irregularities but stated that they did not substantially alter the election outcome. The council certified the re-election of President Nyusi with 73 percent of the vote and that Frelimo won in every district of the country, including more than two-thirds of the parliamentary seats, the vast majority of the provincial assembly seats, and all 10 provincial governorships.

The EU Election Observation Mission stated the electoral process occurred on an “uneven playing field” in favor of Frelimo because it benefitted from the advantages of incumbency and may have exercised political influence on electoral administration. Some observers and local press reported that Frelimo party operatives collected voters’ names and their voting card numbers as a means of intimidating them into voting for Frelimo.

Election-related violence occurred throughout the pre-election campaign period, including shootings, stabbings, and beatings. Opposition parties and civil society complained of increased acts of violence, intimidation, and bias by the government and Frelimo operatives. For example, in October 2019 five off-duty police officers shot and killed human rights activist Anastacio Matavele, executive director of FONGA-Gaza NGO Forum, as he was leaving domestic observer electoral training. On June 17, six police officers of the Gaza Province UIR and the Gaza Special Operations Unit were convicted of his murder and sentenced to terms of two to 24 years’ imprisonment.

Political Parties and Political Participation: Frelimo has dominated the political process since the country’s independence in 1975. Opposition political parties could operate, yet there were occasional restrictions on meetings, unlawful arrests, and other forms of interference and harassment by the government. The opposition contended Frelimo manipulated voter registration numbers. In the 2018 municipal elections, some opposition candidates were prevented from competing due to inconsistent application of eligibility rules. In addition inconsistent application of the law that prohibits campaign activity outside of designated time periods favored Frelimo candidates. Renamo and the Democratic Movement of Mozambique claimed the government banned meetings and that Frelimo militants attacked opposition party members in Inhambane Province.

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. Women and members of many ethnic groups held key political positions. Frelimo used quotas to provide for female representation on its central committee.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corrupt acts by officials; however, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. Corruption was a problem in all branches and at all levels of government.

Corruption: Corruption, including extortion by police, remained widespread, and impunity remained a serious problem. Police regularly demanded identification documents for alleged vehicular infractions solely to extort bribes. Public prosecutors faced threats for their role in efforts to investigate and prosecute corruption.

There were several cases of public corruption involving active and former government officials arrested and charged with crimes. In March former general manager of the National Social Security Institute Baptista Machaieie was sentenced to eight years’ imprisonment for abuse of office and embezzlement. In May the Courts of Appeal upheld the indictment of former labor minister Maria Helena Taipo for misuse of public funds and embezzlement. Taipo remained incarcerated pending trial at year’s end.

In what became known as the Hidden Debt Scheme, in 2013 the government began guaranteeing a series of loans from two investment banks–Credit Suisse and the Russian VTB (Vneshtorgbank) Bank–for three security- and defense-related state-owned enterprises. The loans were signed by then finance minister Manuel Chang, and their existence was not disclosed to the public or parliament until 2016. In 2018 Chang was arrested in South Africa pursuant to a U.S. Government arrest warrant related to his alleged involvement in the scheme. In June 2019 Mozambique’s Constitutional Council declared the loans illegal. On February 15, a South African court denied Chang’s bail request, and he remained in custody as of October. In connection with the scheme, 19 additional suspects have been charged–including the son of former president Armando Guebuza and the former president’s personal secretary–and were awaiting trial as of October. In November the government sought the extradition from the United States of three Credit Suisse officials implicated in the scandal.

Financial Disclosure: The law requires annual income and assets disclosure by appointed and elected members of the government and high-ranking civil servants to the Ministry of State Administration. The law provides for fines for those who do not file declarations; however, the declarations are not made public. The Center for Public Integrity reported incomplete compliance because the process of requiring public servants to file financial disclosures was not effective.

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. Government officials were somewhat cooperative and responsive to their views. The government had yet to act on the registration request pending since 2008 of a local LGBTI rights advocacy organization. The government frequently denied or delayed NGO access to areas where credible allegations of abuses by security forces occurred, particularly in Cabo Delgado Province.

Government Human Rights Bodies: The CNDH is mandated to promote and defend the human rights provisions of the constitution. Its stated priorities include cases of law enforcement violence and torture, judicial corruption, and abuses of prisoner rights. The CNDH lacks authority to prosecute abuses and must refer cases to the judiciary. Commission members are chosen by political parties, civil society, the prime minister, and the Mozambican Bar Association. Although the CNDH was an active human rights advocate, its lack of resources and formal staff training in human rights hindered its effectiveness.

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

Women

Rape and Domestic Violence: The law criminalizes rape of adults and children, including spousal rape, and domestic violence. Penalties for conviction range from two to eight years’ imprisonment if the victim is age 12 or older and 20 to 24 years’ imprisonment if the victim is younger than age 12.

Conviction of abuse of a spouse or unmarried partner–regardless of gender–is punishable by one to two years’ imprisonment or longer if another crime is also applicable. The government did not effectively enforce domestic abuse law. Victims often decided not to file charges or perpetrators fled arrest. NGOs stated domestic violence against women remained widespread and increased during the COVID-19 state of emergency due to restricted movement and confinement in place with male partners. The April 6 COVID-19-related release of approximately 5,000 prisoners to reduce overcrowding excluded those convicted of domestic violence (see section 2.c., Physical Conditions).

Many cases of domestic violence were not reported to authorities. In addition according to NGO and media reports, many families preferred to settle rape allegations through informal community courts or privately through financial remuneration rather than through the formal judicial system.

Government agencies and NGOs implemented public outreach campaigns to combat violence against women nationwide. Police and NGOs worked together to combat domestic violence. The PRM operated special women and children’s units within police precincts that dealt with high numbers of victims of domestic violence, sexual assault, and violence against children cases.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C. NGOs and the government stated the incidence of FGM/C was low, but there were no reliable estimates of the numbers of girls and women subjected to FGM/C.

Other Harmful Traditional Practices: The practice of “purification,” whereby a widow is obligated to have unprotected sex with a member of her deceased husband’s family, occurred, particularly in rural areas, despite campaigns against it.

Sexual Harassment: Sexual harassment remained pervasive in business, government, schools, and broadly in society. There is no legislation on sexual harassment in public places outside of schools. By law a teacher who abuses or sexually harasses a student through orders, threats, or coercion may be fined up to 20 times the teacher’s monthly salary.

In August media reported male instructors were accused of impregnating female trainees in the Matalana Police Training School in Maputo Province. Media reported all instructors suspected of involvement were suspended and the pregnant trainees sent home on administrative leave with assurances they would be allowed to complete their training following their pregnancies.

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

Social and cultural barriers affected access to family planning services. These barriers included early marriage and childbearing, families with many children, and stigmatization of discussion of sexual topics with adolescents.

The government provided access to sexual and reproductive health services for survivors of sexual violence. The government’s Health Sector Gender Inclusion Strategy 2018-2023 provides for policies, standards, and multisectoral coordination with partners and civil society to address gender-based violence.

According to the 2011 Mozambique Demographic and Health Survey, the maternal mortality rate was 408 deaths per 100,000 births. The main factors were the lack of access to and availability of quality prenatal health care and emergency care of complications, such as hemorrhage, hypertensive disorders, and sepsis during childbirth. The adolescent fertility rate (births per 1,000 girls and women between the ages of 15 and 19) in 2018 was 146.

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 as for men; however, the government did not enforce the law effectively. The law does not specifically require equal pay for equal work, nor does it prohibit discrimination based on gender in hiring. The law contains provisions that limit excessive physical work or night shift requirements during pregnancy. The law contains special provisions to protect women against abuse, although these provisions were rarely enforced.

Women experienced economic discrimination. Gaps in education and income between men and women remained high. In some regions, particularly in the north, women had limited access to the formal judicial system for enforcement of rights provided by the civil code and instead relied on customary law to settle disputes. Enforcement of laws that protect women’s rights to land ownership in the formal economy remained poor. Women typically could not inherit land under customary law.

The parliament had a women’s caucus composed of members from the three parties with parliamentary seats that sought to promote women’s rights, including women’s representation in decision-making bodies.

Children

Birth Registration: Citizenship is obtained by birth within the country or birth to at least one Mozambican citizen parent outside the country. Failure to register a child’s birth may result in the child’s inability to attend school and may prevent a person from obtaining public documents, such as identity cards, passports, or “poverty certificates” that enable access to free health care and free secondary education. Birth registration was often delayed in rural areas. Cultural practice prevented a woman, especially in rural areas, from exercising her legal right to register her child without the presence of the child’s father.

Education: By law education is compulsory, universal, and free of tuition through primary school and grades seven through nine of secondary school. Nevertheless, school costs for supplies and uniforms remained beyond the means of many families, especially in rural areas. According to the Education Sector Development Plan, in 2018 only 49 percent of children completed primary school education.

Child Abuse: The Child Protection Law provides for protection against physical and sexual abuse; removal of children from parents who are unable to protect, assist, and educate them; and juvenile courts to deal with matters of adoption, maintenance, and regulating parental power. Juvenile courts have wide discretion with regard to sentencing, but the law requires a minimum of 16 to 20 years’ imprisonment for conviction of trafficking in persons.

Most child-abuse cases involved sexual or physical abuse. Sexual abuse in schools and in homes was a problem. NGOs remained concerned that certain male teachers used their authority to coerce female students into sex. Orphans and other vulnerable children remained at high risk of abuse.

While the government stressed the importance of children’s rights and welfare, significant problems remained; the government had yet to implement any programs to combat child abuse.

Child, Early, and Forced Marriage: By law the minimum age of marriage for men and women is 18. In July 2019 parliament outlawed marriage for children younger than age 18; the minimum age was previously 16 with parental consent.

Sexual Exploitation of Children: The minimum age for consensual sex is 16 for boys and girls. The law prohibits the commercial sexual exploitation of children and child pornography. Authorities partially enforced the law, but exploitation of children and child prostitution remained a problem. Girls were exploited in prostitution in bars, roadside clubs, and restaurants. Child prostitution appeared to be most prevalent in Maputo Province and the provinces of Nampula, Beira, and Manica, in border towns, and at overnight stopping points along key transportation routes. The United Nations reported that violent extremists in Cabo Delgado Province kidnapped girls and subjected them to forced marriages. Some NGOs provided health care, counseling, and vocational training to children, primarily girls, engaged in prostitution. The United Nations reported that violent extremists in Cabo Delgado Province kidnapped girls and women and forced them into marriages.

Displaced Children: Children from Zimbabwe, Malawi, and Eswatini, many of whom entered the country alone, remained vulnerable to labor exploitation and discrimination (see section 2.d., Freedom of Movement). They lacked protection and had limited access to schools and other social welfare institutions, largely due to lack of resources. Coercion, both physical and economic, of girls into the sex industry was common, particularly in Manica Province.

Several government agencies, including the Ministry of Health and the Ministry of Gender, Children, and Social Action, conducted programs to provide health-care assistance and vocational education for HIV/AIDS orphans and other vulnerable children.

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

Anti-Semitism

The country has a small Jewish community. 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 constitution and law prohibit discrimination against citizens with disabilities; however, the law does not differentiate among physical, sensory, intellectual, and mental disabilities regarding access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services.

The Ministry of Gender, Children, and Social Action is responsible for protecting the rights of persons with disabilities. There were no reports of official action to investigate and punish abuses against persons with disabilities. The 2012-19 National Action Plan in the Area of Disabilities provides for funding, monitoring, and assessment of implementation by various organizations that support persons with disabilities. Electoral law provides for access and assistance to voters with disabilities in polling booths, including the right for them to vote first.

The city of Maputo offered free bus passes to persons with disabilities. Buses in Maputo, however, did not have specific accessibility features.

The government did not effectively implement laws and programs to provide access to buildings, information, and communications. Discrimination in private-sector and government employment, education, access to health care, and the provision of other services was common. Observers often cited unequal access to employment as one of the biggest problems. The government did not effectively implement programs to provide access to information and communication for persons with disabilities. Educational opportunities for children with disabilities were generally poor, especially for those with developmental disabilities. Children with disabilities attended school through secondary education at a significantly lower rate than other children. The government sometimes referred parents of children with disabilities to private schools with more resources to provide for their children. The Mozambican Association for the Disabled Persons (ADEMO) reported teacher-training programs did not address the needs of students with disabilities. ADEMO also stated school buildings did not meet international standards for accessibility, and public tenders did not include provisions for the accessibility of persons with disabilities.

Doctors reported many families abandoned family members with disabilities at the country’s only psychiatric hospital. ADEMO reported access to equipment, such as wheelchairs, was a challenge due to lengthy and complicated bureaucratic procedures.

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

There were no media or other reports of bias-motivated attacks on LGBTI persons; however, discrimination in public medical facilities was reported. Medical staff sometimes chastised LGBTI individuals for their LGBTI status when they sought treatment. Intimidation was not a factor in preventing incidents of abuse from being reported.

There were reports of societal discrimination based on sexual orientation and gender identity.

HIV and AIDS Social Stigma

HIV and HIV-related stigma and discrimination, social exclusion, and abuse were prevalent, including in employment, housing, access to education, and health care. Reports continued of many women expelled from their homes and abandoned by their husbands and relatives because they were HIV-positive. Family or community members accused some women widowed by HIV/AIDS of being witches who purposely killed their husbands to acquire belongings; as retribution, they deprived the women of all possessions.

Other Societal Violence or Discrimination

AlbiMoz and Amor a Vida–local NGOs that advocate for persons with albinism–documented cases in which assailants kidnapped, maimed, or killed persons with albinism. Criminals attacked them, often with the assistance of a family member, and sold their body parts to traditional healers purportedly from other countries, who, according to government officials, sought their body parts because of their alleged “magical” properties.

The government denounced violence against persons with albinism. Courts tended to sentence those convicted of the murder and kidnapping of persons with albinism more harshly than those convicted of similar crimes that did not involve persons with albinism. On June 13, the Ministry of Justice, Constitutional, and Religious Affairs sponsored an Albinism Awareness Day ceremony in partnership with UNESCO to address the developmental and human rights challenges faced by persons with albinism. Representative Paul Gomis of the UNESCO Office in Mozambique stated the government’s COVID-19 state of emergency had aggravated discrimination and violations of human rights faced by persons with albinism–particularly women and children–because their physical appearance exposed them to myths, exclusion, various degrees of stigmatization, and human rights abuse.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide for workers, with limited exceptions, to form and join independent trade unions, conduct legal strikes, and bargain collectively. The law requires government approval to establish a union. By law the government may take up to 45 days to register unions, a delay the International Labor Organization has deemed excessive. The law provides for the right of workers to organize and engage in collective bargaining. Workers in defense and security services, tax administration, and the fire brigade, along with prison workers, judges and prosecutors, and the President’s Office staff members are prohibited from unionizing. Other public-sector workers may form and join unions, but they are prohibited from striking.

The law does not allow strike action until complex conciliation, mediation, and arbitration procedures are exhausted, which typically takes two to three weeks. Sectors deemed essential must provide a “minimum level” of service during a strike. Workers’ ability to conduct union activities in workplaces was strictly limited. The law provides for voluntary arbitration for “essential services” personnel monitoring the weather and fuel supply, postal service workers, export-processing-zone workers, and those loading and unloading animals and perishable foodstuffs. The law requires that strikes be announced at least five days in advance, and the announcement must include the expected duration of the strike, although the government interprets this to allow indefinite strikes. Mediation and arbitration bodies, in addition to the unions and workers themselves, may end strikes. The government respected the legal prohibition of antiunion discrimination. The law prohibits antiunion discrimination; however, it does not explicitly provide for reinstatement of workers terminated for union activities. An employee fired with cause does not have a right to severance, but employees terminated without cause do. Unemployment insurance does not exist, and there is no social safety net program for workers laid off for economic reasons.

Authorities and employers generally respected freedom of association and the right to collective bargaining, although workers were only able to exercise a few of these rights. Collective bargaining contracts covered less than 5 percent of the workforce.

The government did not effectively enforce labor laws. Government efforts included fining companies that violated labor laws and the expulsion of foreign supervisors who allegedly did not follow the law. Fines were not sufficient to deter violators. Penalties for conviction were not commensurate with those for similar denials of civil rights.

The largest trade union organization, the Organization of Mozambican Workers, was perceived as biased in favor of the government and ruling party Frelimo. There were no independent unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor. Forced or compulsory labor was among legal penalties for conviction of crimes. The penalties for conviction of violations were insufficient to deter violations. Penalties if convicted were not commensurate with those for other serious crimes.

The government did not enforce these laws effectively. There was limited evidence of forced labor and forced child labor in the mining, domestic service, and agricultural sectors. Girls and women from rural areas, as well as migrant workers from bordering countries, were lured to cities with false promises of employment or education and exploited in domestic servitude and sex trafficking.

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 government has established laws and regulations that prohibit the worst forms of child labor; however, gaps exist in the legal framework to protect children adequately from the worst forms of child labor. Labor law and regulations on domestic work allow children ages 12 to 15 to engage in domestic work with the permission of their legal guardian and according to certain conditions defined by the Council of Ministers. A minimum age of 12 is not in compliance with international standards.

Children are not permitted to work in occupations that are unhealthy, dangerous, or require significant physical effort. Hazardous work includes an extensive list of activities within 14 occupational categories, including domestic service, mining, and production of tobacco. The minimum working age without restrictions is 18. The law permits children between ages 15 and 17 to work with a Ministry of Labor permit. The employer is required to provide for their training and provide conditions of work that are not damaging to their physical and moral development. Children between ages 15 and 18 may work up to seven hours a day for a total of 38 hours a week.

The Ministry of Labor regulates child labor in the formal sector, but the government did not effectively enforce the law. Labor inspectors may obtain court orders and have police enforce compliance with child labor provisions. Law enforcement officers work with the Ministry of Gender, Children, and Social Action (MGCAS) and the National Reference Group for the Protection of Children and Combating Trafficking in Persons to coordinate referrals of children to social service providers. Furthermore, MGCAS has a standard operating procedure for handling human trafficking victims, which incorporates an intake form used nationwide by law enforcement officers, including border officials, to collect the necessary data from victims and to provide for professional care and referrals to appropriate services. There were no mechanisms in place for submitting complaints regarding hazardous and forced child labor. Penalties were insufficient to deter violations. Penalties for conviction were not commensurate with those for other serious crimes. Enforcement mechanisms generally were inadequate in the formal sector and nonexistent in the informal sector.

The labor inspectorate and police lacked adequate staff, funds, and training to investigate child labor cases, especially in areas outside the capital, where a majority of the abuses occurred. The government did not employ a sufficient number of labor inspectors. Inspectors earned low wages (like many government employees) making them vulnerable to, and often inclined to seek, bribes. Inspectors often did not have the means to travel to sites and therefore relied on the company they were investigating to provide transportation to the site of an alleged violation. The government provided training on child prostitution and abuse prevention to police officers, training to judges regarding legislation pertinent to child labor, and training to labor inspectors on trafficking identification and prevention.

Child labor remained a problem. NGOs reported some girls who migrated from rural areas to urban centers to work as domestic help for extended family or acquaintances to settle debts were vulnerable to commercial sexual exploitation (see section 6, Children). Mothers who did not complete secondary school were more likely to have children involved in child labor. Due to economic necessity, especially in rural areas, children worked in agriculture, as domestic employees, or in prostitution.

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 with respect to employment and occupation. The government effectively enforced applicable law. Penalties (such as fines) were sufficient to deter violations. Penalties for conviction were not commensurate with laws relating to other civil rights issues.

Discrimination in employment against persons with disabilities was common, and access to employment was one of the biggest problems facing persons with disabilities.

The law explicitly prohibits discrimination against workers because of HIV/AIDS status, and the Ministry of Labor generally intervened in cases of perceived discrimination by employers. With an increased public awareness of this law, there were no public reports of individuals dismissed because of their HIV status.

There were multiple media reports of the Ministry of Labor suspending the contracts of irregular foreign workers. Some foreign workers reported harassment by Ministry of Labor inspectors after disputes with Mozambican coworkers and being forced to pay bribes for work permits or leave the country. In 2017, however, the Constitutional Council ruled it was unconstitutional for the government to expel foreign workers without judicial approval.

e. Acceptable Conditions of Work

The lowest government-mandated minimum wage, based on industry, was above the official poverty line. The standard legal workweek is 40 hours but may be extended to 48 hours. Overtime must be paid for hours worked in excess of 48 hours at 50 percent above the base hourly salary. These legal protections also apply to foreign workers holding work permits.

The government sets occupational health and safety (OSH) standards that were up to date and appropriate for the main industries. Health and environmental laws protect workers in the formal sector; however, they do not apply to the informal economy, which comprised an estimated 95 percent of the workforce. Workers have the right to clean and safe workplaces including good physical, environmental, and moral conditions. Workers have the right to be informed of safety risks and instruction on how to follow the regulations and improve safety, including the right to protective clothing and equipment, first aid, health exams, and compensation for workplace injuries or sickness. OSH officers are responsible for identifying unsafe working conditions, but workers may file complaints regarding unsafe situations.

On July 27 and August 4, according to local reports, two miners died while digging a shaft illegally within a privately owned mining concession in Cabo Delgado Province. A Ministry of Mineral Resources and Energy official stated the illegal mining and deaths occurred within a concession owned by the Montepuez Ruby Mining Company and that the illegal mining operation was likely part of an international smuggling ring led by foreigners who paid low wages to both citizens and foreigners to extract gemstones under dangerous conditions. In June authorities disrupted a gemstone-trafficking network involving 10 persons, several of whom were foreigners illegally present in the country.

The Ministry of Labor is responsible for enforcing the minimum wage rates in the private sector, and the Ministry of Finance does so in the public sector. The ministries usually investigated violations of minimum wage rates only after workers submitted a complaint.

The Ministry of Labor did not effectively enforce minimum wage, hours of work, and OSH standards in the informal economy, since the Ministry of Labor only regulates the formal sector. Penalties for conviction were not commensurate with those for similar offenses. The number of labor inspectors was not sufficient to enforce compliance. Agricultural workers were among the most vulnerable to poor work conditions and wage theft. The lack of frequent and enforced sanctions for violations created little deterrence for violations. Despite the relatively low number of inspectors, some businesses reported frequent visits by labor inspectors citing capricious violations and threats of fines in order to receive bribes.

Namibia

Executive Summary

Namibia is a constitutional multiparty democracy. In the presidential and parliamentary elections in November 2019 President Hage Geingob won a second five-year term, and the South West African People’s Organization retained its parliamentary majority, winning 63 of 96 National Assembly seats. International observers characterized the 2019 election as generally free and fair.

The national police maintain internal security. The military is responsible for external security but also has some domestic security responsibilities. The Namibian Police Force reports to the Ministry of Safety and Security. The Namibian Defense Force reports to the Ministry of Defense. Civilian authorities maintained effective control over the security forces. Members of the security forces allegedly committed some abuses.

Significant human rights issues were limited to acts of official corruption.

The government took steps to prosecute or administratively punish officials who committed abuses, whether in the security services or elsewhere in the government.

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 one report that the government or its agents committed arbitrary or unlawful killings. The Namibian Police Force (NamPol) conducts internal investigations of police misconduct and presents its findings to the Office of the Prosecutor-General, which determines whether to pursue charges.

On March 17, the government instituted COVID-19 state-of-emergency measures, including travel restrictions, a curfew, restrictions on public gatherings and business activity, and mandatory supervised quarantines for confirmed COVID-19 cases, known contacts, and for travelers returning from abroad. There was one case of police using excessive force that led to a fatality. Media reported that two police officers beat to death street vendor David Tuhafeni at Oyongo village in a dispute that escalated during enforcement of a COVID-19 state-of-emergency measure closing informal markets. The two unidentified officers were charged with murder, arraigned at Ohangwena Magistrate’s Court, and released on bail. A trial date had yet to be set by year’s end.

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 and law prohibit such practices, but the law does not define “torture” or separately classify it as a crime. Torture is prosecuted as a crime under legal provisions such as assault or homicide. The Office of the Ombudsman received one report of police mistreatment of detainees. The report alleged that the denial of visitation rights during the COVID-19 state of emergency constituted mistreatment. There were two reports of Namibian Defense Force (NDF) members beating suspects. Additionally, images showing NamPol officers beating detained illegal immigrants were released online by local newspaper The Namibian Sun.

Impunity was not a significant problem in the security forces; however, delays in investigation of allegations of misconduct and in the filing of charges and adjudication of cases meriting prosecution contributed to a perception of impunity. Most cases cited by civil society advocates were pending trial at year’s end.

Prison and Detention Center Conditions

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

Physical Conditions: Conditions in detention centers and police holding cells remained poor. Conditions were often worse in pretrial holding cells than in prisons. Human rights bodies and government officials reported overcrowding in holding cells. Most prisons, however, were not overcrowded.

In pretrial holding cells, sanitation and medical assistance were inadequate. Tuberculosis was prevalent.

Prison and holding-cell conditions for women were generally better than for men. Authorities permitted female prisoners to keep their infants with them until age two and provided food and clothing for the infants.

There were limited programs to prevent HIV transmission in prisons.

The law does not permit holding juvenile offenders with adults. Prison authorities reported they generally confined juvenile offenders separately, but police occasionally held juveniles with adults in rural detention facilities due to a lack of separate facilities for juveniles.

Administration: The Office of the Ombudsman, an independent authority, investigated credible allegations of inhuman conditions, and the office reported close cooperation with police in resolving complaints and responding promptly to inquiries.

Independent Monitoring: The government granted local and international nongovernmental organizations (NGOs) access to prisons and prisoners. Representatives from the Office of the Ombudsman visited prisons and pretrial detention facilities.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of that person’s arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Arrest warrants are not required in all cases, including when authorities apprehend a suspect in the course of committing a crime. Authorities must inform detained persons of the reason for their arrest, and police generally informed detainees promptly of the charges against them. Authorities must arraign arrested persons within 48 hours of their detention. The government did not always meet this requirement, especially in rural areas far from courts. The constitution stipulates the accused are entitled to defense by legal counsel of their choice, and authorities respected this right.

There was a functioning bail system. Officials generally allowed detainees prompt access to family members. The constitution permits detention without trial during a state of emergency but requires publication of the names of detainees in the government’s gazette within 14 days of their apprehension. An advisory board appointed by the president on the recommendation of the Judicial Service Commission (the constitutional body that recommends judges to the president for appointment) must review cases within one month of detention and every three months thereafter. The constitution requires such advisory boards to have no more than five members, at least three of whom must be “judges of the Supreme Court or the High Court or qualified to be such.” The advisory board has the power to order the release of anyone detained without trial during an emergency.

Pretrial Detention: Lengthy pretrial detention remained a problem. According to the Namibian Correctional Service, approximately 3 percent of the inmate population is in pretrial detention, and the average length of time inmates are held before trial is four years. A shortage of qualified magistrates and other court officials, the inability of many defendants to afford bail, the lack of a plea-bargaining system, slow or incomplete police investigations, the frequency of appeals, and procedural postponements resulted in a large backlog in prosecuting criminal cases. Delays between arrest and trial could last for years. There were lengthy delays in criminal appeals as well. According to the Office of the Prosecutor General, however, pretrial detention did not exceed the maximum sentence for conviction of an alleged crime. Defendants found guilty of a crime and sentenced to imprisonment are credited with time served in pretrial detention.

e. Denial of Fair Public Trial

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

The law delineates the offenses the customary system may handle. Customary courts may hear many civil and petty criminal cases in rural areas. Customary courts deal with infractions of local customary law by members of the same ethnic group. The law defines the role, duties, and powers of traditional leaders and states customary law inconsistent with the constitution is invalid. Cases resolved in customary courts were sometimes tried a second time in civil or criminal courts.

Trial Procedures

The constitution and law provide for the right to a fair and public trial, and the government generally respected judicial independence. Nevertheless, long delays in courts hearing cases and the uneven application of constitutional protections in the customary system compromised this right. Defendants are presumed innocent. The law provides for defendants to be informed promptly and in detail of the charges against them, in a language they understand, and of their right to a fair, timely, and public trial.

All defendants have the right to be present at trial and to consult with an attorney of choice in a timely manner. Defendants receive free interpretation as necessary starting with their first court appearance through all appeals. Indigent defendants are entitled to a lawyer provided by the state in criminal and civil cases; however, this sometimes did not occur due to an insufficient number of public defenders, insufficient state funds to pay private lawyers to represent indigent defendants, or because the state-funded Legal Aid Directorate did not accept the application for representation from a defendant. The Legal Aid Directorate provided free legal assistance to indigent defendants in criminal cases and, depending on resource availability, in civil matters.

Defendants may confront witnesses and present witnesses and evidence on their own behalf. The law extends these rights to all citizens. The courts provided defendants with adequate time and facilities to prepare their defense. Defendants have the right not to testify against themselves or be forced to confess guilt. Convicted individuals have the right to appeal adverse decisions.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

The law provides for access to a court for lawsuits seeking damages for or cessation of human rights violations. The constitution provides for administrative procedures and judicial remedies to redress wrongs. Civil and criminal court orders were mostly well enforced.

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

The constitution prohibits such actions, and there were no reports 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 these rights. An independent press, an effective judiciary, and a functioning 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.

Censorship or Content Restrictions: There were reports journalists working for state-owned media practiced self-censorship in favor of the government or the South West African People’s Organization (SWAPO). SWAPO led Namibia’s independence movement and transformed into a political party when Namibia won its independence in 1990. SWAPO candidates have won both the presidency and a parliamentary majority in every election since independence.

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 communication 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 and law provide 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.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees.

The government did not permit refugees to move freely within the country. Refugees were required to live at the government’s Osire refugee settlement. The government maintained strict control over public access to the settlement but provided regular, unrestricted access to the International Committee of the Red Cross, UNHCR, and UNHCR’s NGO partners. The government cooperated with UNHCR and the NGO Komeho Namibia to provide food, shelter, water, and sanitation at the settlement. The government issued identification cards and exit permits allowing refugees to leave the settlement to travel to specified locations for defined periods.

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: Presidential and parliamentary elections take place every five years. In November 2019 presidential and parliamentary elections were conducted. SWAPO candidate Hage Geingob was re-elected president with 56 percent of the vote. SWAPO candidates won 63 of the 96 elected seats–there are also eight appointed seats–in the National Assembly, the lower house of parliament. Opposition parties increased their share from 19 to 33 seats. Voting proceeded in an orderly and effective manner with no reports of politically motivated violence or voter intimidation. International observers characterized the 2019 election as generally free and fair.

Participation of Women and Members of Minority Groups: No law limits participation of women and members of minorities in the political process, and they did participate. Virtually all the country’s ethnic minorities had representatives in parliament. The president is from the minority Damara ethnic group. Historic economic and educational disadvantages, however, limited participation in politics by the San, Himba, and some other ethnic groups.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity.

Corruption: There were several abuses similar to the following example. On February 17, former chief executive officer of the public National Fishing Corporation of Namibia Mike Nghipunya was arrested and charged with corruption, fraud, and money laundering for his alleged role in the “Fishrot” scandal that involved bribery in exchange for fishing rights to be granted to the Icelandic fishing company Samherji. Nghipunya remained in prison at year’s end along with alleged coconspirators, including the former ministers of justice and of fisheries and marine resources arrested in 2019. They had yet to be tried by year’s end.

A July 15 al-Jazeera article alleged that a Windhoek city council member, Brunhilde Cornelius, stated that Windhoek city employee Nicanor Ndjoze offered her a bribe to support awarding the Chinese company Huawei a contract to build a 5G telecommunication network in Windhoek. As of November 30, the alleged bribery attempt was under Anti-Corruption Commission (ACC) investigation, and the 5G telecommunications contract had not been awarded.

Financial Disclosure: The parliamentary code of conduct requires members to make annual declarations of financial interests. The declaration form includes a confidential portion for information not released to the public. Compliance was inconsistent and not strictly enforced.

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

Several domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views and were tolerant of NGO reports provided to the United Nations highlighting issues not raised by the government or pointing out misleading government statements. The Office of the Ombudsman, local human rights NGOs, and the ACC reported NamPol cooperated and assisted in human rights investigations.

Government Human Rights Bodies: There is an autonomous ombudsman with whom government agencies cooperated. Observers considered him effective in addressing human rights problems.

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

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape. The law defines rape as the commission of any sexual act under coercive circumstances. The courts tried numerous cases of rape during the year. The government generally enforced court sentences of those convicted, which ranged between five and 45 years’ imprisonment. Factors hampering rape prosecutions included limited police capacity and the withdrawal of allegations by victims after filing charges. Survivors often withdrew charges because they received compensation from the accused; succumbed to family pressure, shame, or threats; or became discouraged by the length of time involved in prosecuting a case.

Traditional authorities may adjudicate civil claims for compensation in cases of rape, but criminal trials for rape are held in courts.

Gender-based violence, particularly domestic violence, was a widespread problem. The government and media focused national attention on gender-based violence. The president and first lady spoke out publicly against gender-based violence; the Office of the First Lady actively promoted gender-based violence awareness and remedies in every region. In October activists protested against government inaction to prevent gender-based violence. Protesters submitted a petition to the government that demanded establishment of a sexual offender register, a review of sentencing laws for sexual offenses and gender-based violence (including murder), hastening the investigation of all reported sexual offense and gender-based violence cases, institution of armed neighborhood patrols, and an evaluation of school practices that promote victim blaming.

The law prohibits domestic violence. Penalties for conviction of domestic violence–including physical abuse, sexual abuse, economic abuse, intimidation, harassment, and serious emotional, verbal, or psychological abuse–range from a token monetary fine for simple offenses to sentences of 10 years’ imprisonment, a substantial monetary fine, or both for assault with intent to cause grievous bodily harm.

The law provides for procedural safeguards such as protection orders to protect gender-based violence survivors. When authorities received reports of domestic violence, gender-based violence protection units intervened. The gender-based violence units were staffed with police officers, social workers, legal advisors, and medical personnel trained to assist victims of sexual assault. Some magistrates’ courts provided special courtrooms with a cubicle constructed of one-way glass and child-friendly waiting rooms to protect vulnerable witnesses from open testimony. The Ministry of Gender Equality and Child Welfare operated shelters; however, due to staffing and funding shortfalls, the shelters operated only on an as-needed basis with social workers coordinating with volunteers to place victims and provide them with food and other services.

Sexual Harassment: The law explicitly prohibits sexual harassment in the workplace. By law employers must formulate a workplace sexual harassment policy, including defined remedies. Employees who leave their jobs due to sexual harassment may be entitled to legal “remedies available to an employee who has been unfairly dismissed.”

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Supply chain challenges limited access to contraceptives through the public sector.

Gender-based-violence investigation units present at most state hospitals provided forensic examinations to survivors of sexual-violence, including postexposure prophylaxis to facilitate prompt access to medication in case of potential exposure to HIV.

According to the World Health Organization, the 2017 maternal mortality rate was 195 per 100,000 live births. A general lack of access to effective health care, including the treatment of eclampsia, resulted in prolonged labor complications and contributed to the high rate of maternal mortality. HIV/AIDS was the leading indirect cause of maternal mortality, linked to more than 4 percent of maternal deaths. According to the UN Population Fund, the adolescent birth rate was 62 per 1,000 girls.

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

Discrimination: Civil law prohibits gender-based discrimination, including employment discrimination. The government generally enforced the law effectively. Nevertheless, women experienced persistent discrimination in access to credit, salary level, owning and managing businesses, education, and housing. Some elements of customary family law provide for different treatment of women. Civil law grants maternity leave to mothers but not paternity leave to fathers. The law bases marital property solely on the domicile of the husband at the time of the marriage and sets grounds for divorce and divorce procedures differently for men and women. The law protects a widow’s right to remain on the land of her deceased husband, even if she remarries. Traditional practices in certain northern regions, however, permitted family members to confiscate the property of deceased men from their widows and children.

Children

Birth Registration: The constitution provides for citizenship by birth within the country to a citizen parent or a foreign parent ordinarily resident in the country, or to those born outside the country to citizen parents; however, many persons born in the country lack birth registration and are therefore unable to prove their citizenship.

Child Abuse: Child abuse was a serious problem, and authorities prosecuted crimes against children, particularly rape and incest. The Ministry of Gender Equality and Child Welfare employed social workers throughout the country to address cases of child abuse. It conducted public awareness campaigns aimed at preventing child abuse and publicizing services available to victims.

Child, Early, and Forced Marriage: The law prohibits civil marriage for both boys and girls younger than age 18.

Sexual Exploitation of Children: The law criminalizes child pornography, child prostitution, and the actions of both the client and pimp in cases of sexual exploitation of children younger than age 18. NGOs reported HIV/AIDS orphans and other vulnerable children engaged in prostitution without third-party involvement due to economic pressures.

The government enforced the law; perpetrators accused of sexual exploitation of children were routinely charged and prosecuted. The penalties for conviction of soliciting a child, or more generally for commercial sexual exploitation of a child (including through pornography), are a significant monetary fine, up to 10 years’ imprisonment, or both. The law makes special provisions to protect vulnerable witnesses, including individuals younger than age 18 or who have been victims of sexual offense.

An adult convicted of engaging in sexual relations with a child younger than age 16 in prostitution may be sentenced for up to 15 years’ imprisonment for a first offense and up to 45 years’ imprisonment for a repeat offense. Any person convicted of aiding and abetting trafficking in persons–including child prostitution–within the country or across the border is liable for a substantial monetary fine or up to 50 years’ imprisonment. Conviction of solicitation of a prostitute, living off the earnings of prostitution, or keeping a brothel, carries substantial monetary fines, 10 years’ imprisonment, or both.

The minimum legal age for consensual sex is 16. The penalty for conviction of statutory rape–sex with a child younger than 14 when the perpetrator is more than three years older than the victim–is a minimum of 15 years’ imprisonment if the victim is younger than 13 and a minimum of five years’ imprisonment if the victim is age 13. There is no minimum penalty for conviction of sexual relations with a child between ages 14 and 16. Possession of or trade in child pornography is illegal. The government trained police officers in handling child-sex-abuse cases. Centers for abused women and children worked to reduce the trauma suffered by abused children.

Infanticide or Infanticide of Children with Disabilities: Media reported cases in which parents, usually young mothers, abandoned their newborns, sometimes leading to the newborn’s death. The government enforced prohibitions against this practice by investigating and prosecuting suspects.

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.HYPERLINK “file://///drl.j.state.sbu/DavWWWRoot/HRR/Master HRR Library/NAMIBIA 2016 HUMAN RIGHTS REPORT.docx”

Anti-Semitism

There was a small Jewish community of fewer than 100 persons in the country, most of whom lived in Windhoek. 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 constitution protects the rights of “all members of the human family,” which is interpreted by domestic legal experts to prohibit discrimination against persons with disabilities. The law prohibits discrimination against persons with physical and mental disabilities. The law prohibits discrimination in any employment decision based on several factors, including any “degree of physical or mental disability.” It makes an exception in the case of a person with a disability unable to perform the duties or functions of the job in question. Enforcement in this area was ineffective, and societal discrimination persisted.

By law official action is required to investigate and punish those accused of committing violence or abuse against persons with disabilities; authorities did so effectively.

The government requires the construction of government buildings to include ramps and other features facilitating access to persons with physical disabilities. The government, however, does not mandate retrofitting or other measures to provide such access to already constructed public buildings.

Children with disabilities attended mainstream schools. The law does not restrict the rights of persons with disabilities to vote and otherwise participate in civic affairs, but lack of access to public venues hindered the ability of persons with disabilities to participate in civic life.

The National Assembly-adopted National Policy on Disability states that the government must pursue equalization of opportunities for persons with disabilities by removing barriers to full participation in all areas to allow persons with disabilities to reach a quality of life equal to that of other citizens. Nevertheless, persons with disabilities did not have equal access to health services, information and communications, and transportation. The deputy minister of disability affairs in the Office of the Vice President is responsible for matters related to persons with disabilities and oversees the National Disability Council of Namibia. The council is responsible for coordinating the implementation of policies concerning persons with disabilities with government ministries and agencies.

Members of National/Racial/Ethnic Minority Groups

Despite constitutional prohibitions, societal, racial, and ethnic discrimination persisted.

Indigenous People

By law all traditional communities participate without discrimination in decisions affecting their lands, cultures, traditions, and allocation of natural resources. Nevertheless, due to their nomadic lifestyle, the San, the country’s earliest known inhabitants, were unable to exercise these rights effectively because of minimal access to education, limited economic opportunities, and their relative isolation. Some San had difficulty obtaining a government identification card because they lacked birth certificates or other identification. Without a government-issued identification card, the San could not access government social programs or register to vote. A lack of access to police, prosecutors, and courts prevented San women from reporting and seeking protection from gender-based violence.

Indigenous lands were effectively demarcated but poorly managed. Many San community members lived on conservancy (communal) lands but were unable to prevent members of larger ethnic groups from using and exploiting those lands. Some San claimed regional officials failed to remove members of other ethnic groups from San lands.

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

The constitution does not prohibit discrimination based on sexual orientation. Although Roman-Dutch common law inherited at independence criminalizes sodomy, the ban was not enforced. The law defines sodomy as intentional anal sexual relations between men. This definition excludes anal sexual relations between heterosexual persons and sexual relations between lesbians. Many citizens considered same-sex sexual activity to be taboo.

Gender discrimination law does not address discrimination based on sexual orientation or gender identity. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced harassment when trying to access public services. There were isolated reports of transgender persons being harassed or assaulted. Some politicians opposed any legislation that would specifically protect the rights of LGBTI persons. The ombudsman favored abolition of the common law offense of sodomy. LGBTI groups conducted annual pride parades recognized by the government as constitutionally protected peaceful assembly.

HIV and AIDS Social Stigma

Although the law prohibits discrimination based on HIV status, societal discrimination and stigmatization against persons with HIV remained problems. Some jobs in the civilian sector require a pre-employment test for HIV, but there were no reports of employment discrimination specifically based on HIV/AIDS status. According to the Namibian Employers’ Federation, discrimination based on HIV status was not a major problem in the workplace because most individuals were aware HIV is not transmissible via casual contact.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join independent trade unions, conduct legal strikes, and bargain collectively; however, the law prohibits workers in certain sectors, such as police, military, and corrections, from joining unions. The law prohibits antiunion discrimination.

Except for workers providing designated essential services such as public health and safety, workers may strike once mandatory conciliation procedures lasting 30 days are exhausted and 48 hours’ notice is given to the employer and the labor commissioner. Workers may take strike actions only in disputes involving specific worker interests, such as pay raises.

Worker rights disputes, including dismissals, must first be submitted to the labor commissioner for conciliation, followed by a more formal arbitration process if conciliation is unsuccessful. The parties have the right to appeal the arbitrator’s findings in labor court. Administrative and judicial procedures were subject to lengthy delays. The law provides for conciliation and arbitration to resolve labor disputes more quickly, although both employers and unions publicly questioned the system’s effectiveness. The law prohibits unfair dismissal of workers engaged in legal strikes, specifically prohibits employer retaliation against both union organizers and striking workers, and provides for reinstatement for workers dismissed for union activity provided the workers’ actions at the time were not in violation of other law.

The law provides employees with the right to bargain individually or collectively and provides for recognition of the exclusive collective bargaining power of a union when more than half of workers are members of that union. The law covers all formal-sector workers, including migrants, nonessential public-sector workers, domestic workers, and those in export-processing zones. The law on collective bargaining does not cover the informal sector.

The government effectively enforced applicable labor law in the formal sector, and penalties were commensurate with those for similar crimes. Inspection was insufficient to enforce compliance in the informal sector. Aside from mediation efforts, the government was not directly involved in union activities. The government and employers generally respected freedom of association, and workers exercised this right. Employers also did not appear to interfere in union activities.

Collective bargaining was practiced widely in the mining, construction, agriculture, and public sectors. Almost all collective bargaining was at the workplace and company level. Employers respected the collective bargaining process. Employees exercised their legal rights. For example, employees of the Chinese-owned Rossing Uranium Mine threatened to strike during the year because of wage disputes and allegations that management jobs were unlawfully filled by foreigners.

Employers may apply to the Ministry of Labor, Industrial Relations, and Employment Creation for an exemption from certain provisions if they are able to prove workers’ rights are protected, but very few employers pursued this option.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children. The government effectively enforced the law in the formal sector, and criminal penalties were commensurate with those for analogous serious crimes. The government investigated allegations of forced or compulsory labor and found no prosecutable cases. Resources, inspections, and remediation were inadequate. Penalties for conviction of violations have not been applied under the trafficking act.

By law seamen may be sentenced to imprisonment with labor for breaches of discipline, a provision that the International Labor Organization criticized as forced labor. The Namibia Food and Allied Workers Union confirmed that the law has never been applied.

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 the worst forms of child labor. The minimum age for employment is 14. Children younger than age 18 may not engage in hazardous work, including work between the hours of 8 p.m. and 7 a.m., underground work, mining, construction work, in facilities where goods are manufactured or electricity is generated, transformed, or distributed, or where machinery is installed or dismantled. Prohibitions on hazardous work by children in agriculture are not comprehensive. Children ages 16 and 17 may perform hazardous work subject to approval by the Ministry of Labor, Industrial Relations, and Employment Creation and restrictions outlined in the law. Criminal penalties are commensurate with those for analogous serious crimes, such as kidnapping.

The government effectively enforced the law. Gender-based violence protection units enforced child labor law in cooperation with the Ministry of Labor, Industrial Relations, and Employment Creation. The ministry made special provisions in its labor inspections to look for underage workers, although budget constraints limited the number of inspectors. The government trained all inspectors to identify the worst forms of child labor. Where child labor was reported, labor inspections were conducted regularly.

Children worked herding goats and sheep on communal farms owned by their families. Children also worked as child minders or domestic servants and in family businesses, including informal “businesses” such as begging or street hawking. NGOs reported rising commercial sexual exploitation of girls, particularly in cities and in transit corridors (see section 6).

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 in employment and occupation based on race, sex, religion, political opinion, national origin, citizenship, pregnancy, family responsibility, disability, age, language, social status, and HIV-positive status. The law requires equal pay for equal work. The law does not specifically address employment discrimination based on sexual or gender orientation.

Refugees and legal immigrants with work permits enjoy the same legal protections, wages, and working conditions as citizens.

The Ministry of Labor, Industrial Relations, and Employment Creation and the Employment Equity Commission are both responsible for addressing complaints of employment discrimination.

The government inconsistently enforced the law. Penalties are commensurate with those of similar laws but were seldom applied. Discrimination in employment and occupation occurred with respect to gender, most frequently in the mining and construction industries. Men occupied approximately two-thirds of upper management positions in both the private and public sectors. Indigenous and marginalized groups sometimes faced discrimination in employment involving unskilled labor. Persons with disabilities faced discrimination in employment and access to the workspace.

e. Acceptable Conditions of Work

Although various sectors have a minimum wage, there is no national minimum wage law that applies across all sectors. Nevertheless, all sector-specific minimum wage rates are applied nationally and were above the poverty line. Unions and employers negotiated industry-specific minimum wages under Ministry of Labor, Industrial Relations, and Employment Creation mediation.

The standard legal workweek was 45 hours, with at least 36 consecutive hours of rest between workweeks. By law an employer may not require more than 10 hours’ overtime work per week and must pay premium pay for overtime work. The law mandates 20 workdays of annual leave per year for those working a five-day workweek and 24 workdays of annual leave per year for those working a six-day workweek. The law also requires employees receive paid time off for government holidays, five days of compassionate leave per year, at least 30 workdays of sick leave during a three-year period, and three months of maternity leave paid by the employer and the Social Security Commission.

The Ministry of Labor, Industrial Relations, and Employment Creation mandates occupational safety and health (OSH) standards, and the law empowers authorities to enforce these standards through unannounced inspections and criminal prosecution. The law requires employers to provide for the health, safety, and welfare of their employees; the responsibility for identifying unsafe situations remains with OSH experts and not the worker. The law covers all employers and employees in the country, including the informal sector and individuals placed by a private employment agency (labor hire), except independent contractors and members of the NDF, the Namibia Central Intelligence Service, the Namibian Correctional Service, and police. By law employees have the right to remove themselves from dangerous work situations, and authorities effectively protected employees in such situations.

The government enforced wage, hour, and safety standards laws in the formal sector but did not consistently enforce labor law in the informal sector, which included an estimated 57 percent of workers. Penalties are commensurate with those for similar violations, but they were seldom applied in the informal sector. Resources to enforce the law were limited, and the number of inspectors was insufficient to address violations. Inspections occurred proactively, reactively, and at random. Due to the ministry’s resource constraints in vehicles, budget, and personnel, as well as difficulty in gaining access to some large communal and commercial farms and private households, labor inspectors sometimes found it difficult to investigate possible violations. The Namibian Employers’ Federation reported that the most prominent offenses concerning employee rights and working conditions were in the informal sector, including for domestic workers, street hawkers, and employees in the common informal bars known as shebeens.

Workers in the construction, agriculture, and mining sectors faced hazardous working conditions. There was one report of a fatal industrial accident. On November 19, an employee of Dundee Precious Metals Inc. was killed while conducting maintenance activities.

Allegations persisted that, in addition to not adhering to the law on hiring and firing, Chinese firms failed to pay sector-established minimum wages and benefits in certain industries, failed to respect work-hour regulations for public holidays and Sundays, and ignored OSH standards, for example, by requiring construction workers to sleep on site.

South Africa

Executive Summary

South Africa is a multiparty parliamentary democracy in which constitutional power is shared among the executive, judiciary, and parliamentary branches. In May 2019 the country held a credible national election in which the ruling African National Congress won 58 percent of the vote and 230 of 400 seats in the National Assembly. In May 2019 African National Congress president Cyril Ramaphosa was sworn in for his first full term as president of the republic.

The South African Police Service has primary responsibility for internal security. The police commissioner has operational authority over police. The president appoints the police commissioner, but the minister of police supervises the commissioner. The South African National Defense Force, under the civilian-led Department of Defense, is responsible for external security but also has domestic security responsibilities. On March 23, the president announced measures to curb the spread of COVID-19 and directed the South African National Defense Force to assist the South African Police Service with enforcement of a nationwide lockdown. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful or arbitrary killings by security forces; torture and cases of cruel, inhuman, or degrading treatment or punishment; harsh and life-threatening prison conditions; arbitrary arrest or detention; official corruption; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex persons, and the worst forms of child labor.

Although the government investigated, prosecuted, and punished some officials who committed human rights abuses, there were numerous reports of 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 several reports that the government or its agents committed arbitrary or unlawful killings.

Police use of lethal and excessive force, including torture, resulted in numerous deaths and injuries, according to the Independent Police Investigative Directorate (IPID), Amnesty International, and other nongovernmental organizations (NGOs). Watchdog groups noted deaths in custody often resulted from physical abuse combined with a lack of subsequent medical treatment or neglect (see section 1.c.).

NGOs criticized the use of excessive force by the South African Police Service (SAPS) and the South African National Defense Force (SANDF) to enforce lockdown measures that began in March. On April 10, police and defense force members beat to death Collins Khosa after allegedly finding alcohol on his property. On May 31, the North Gauteng High Court ordered the suspension of officers involved and ordered the Ministry of Police to issue lockdown use-of-force guidelines to respect human rights in accordance with South African law and international treaty obligations. On August 26, SAPS officers shot and killed unarmed 16-year-old Nathaniel Julies, who had Downs’ syndrome. Police allegedly took this action because he did not respond to questioning. Following rioting and clashes with police, three officers were arrested and charged with murder. One officer was released on bail, and the other two remained incarcerated at year’s end.

Courts convicted few perpetrators of political violence. Media and NGOs claimed the vast majority of killings resulted from local-level intraparty African National Congress (ANC) disputes, often in the context of competition for resources or as revenge against whistleblowers who uncovered corruption.

In 2018 the Moerane Commission, which then KwaZulu-Natal Province premier Willies Mchunu established to investigate political killings, published a report that identified ANC infighting, readily available hitmen, weak leadership, and ineffective and complicit law enforcement agencies as key contributing factors to the high rate of political killings. There were numerous reported political killings at a local level similar to the following example. In June an ANC councilor for the Umlazi Township, Bhekithemba Phungula, and two other party leaders in KwaZulu-Natal townships were killed.

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 police use of torture and physical abuse during house searches, arrests, interrogations, and detentions, some of which resulted in death. The NGO Sonke Gender Justice reported that almost one-third of sex workers interviewed stated police officers had raped or sexually assaulted them.

Impunity was a significant problem in the security forces. The factors contributing to widespread police brutality were a lack of accountability and training.

As of October 30, the United Nations reported three allegations against South African peacekeepers, a reduction from six allegations in 2019. According to the Conduct in UN Field Missions online portal, since 2015 there have been 37 allegations of sexual exploitation and abuse against 43 peacekeepers from South African units deployed to the UN Stabilization Mission in the Democratic Republic of the Congo. Of the 37 allegations, the South African government had not reported taking accountability measures in 12 of the cases, including the three cases reported during the year, three from 2019, three from 2018, and three from 2017. One of these cases involved rape of a child, four involved transactional sex with one or more adults, six involved an exploitative relationship with an adult, and one involved sexual assault of an adult. In six of the open cases, the South African government, the United Nations, or both substantiated the allegations and the United Nations had repatriated the peacekeepers. According to the United Nations, South African authorities continued to investigate the other six open cases.

Since 2018 remedial legislation to address peacekeeper abuses has been pending.

Prison and Detention Center Conditions

Prison conditions were harsh due to overcrowding, poor sanitation, inadequate medical care, disease (particularly tuberculosis), inmate-on-inmate rape, and physical abuse, including torture.

Physical Conditions: According to civil society groups, gross overcrowding of prisons was a problem. In September 2019 the Department of Correction Services (DCS) deputy commissioner reported to a parliamentary committee the country had approximately 43,000 more inmates than beds in correctional facilities. In December 2019 the release of 15,911 low-risk inmates under a special presidential remission order reduced overcrowding by 28 percent. According to the Department of Correctional Services Annual Report 2019/2020, the total inmate population declined by 6 percent from 162,875 inmates in 2019 to 154,449 inmates in May, and the number of children held in correctional facilities declined by more than 80 percent to 0.1 percent of the total inmate population.

During enforcement of COVID-19 lockdown regulations, a rise in arrests increased crowding in prisons and pretrial detention centers. Prisoners at the Johannesburg Correctional Center complained to media and civil society organizations of inadequate social distancing, a lack of masks and other protective measures, and inadequate testing for COVID-19. Cells built to hold 36 inmates with one toilet held 70 inmates. On May 8, the president ordered the release of 19,000 inmates to reduce prison overcrowding during the pandemic.

Prisons generally held pretrial detainees with convicted prisoners, although in some large urban areas dedicated pretrial facilities were available.

Media and NGOs continued to report instances in which prisoners were seriously abused. According to the Independent Police Investigative Directorate Report 2019/2020, deaths in police custody (237 cases) increased by 11 percent from 2018/2019. There were 120 reported inmate rapes by police officers, 216 reports of torture, and reports of assault.

There were reports of shortages of prison doctors, inadequate investigation and documentation of prisoner deaths, inadequate monitoring of the prison population, and high prisoner suicide rates. The DCS required doctors to complete and sign reports of inmate deaths to lessen the incidence of deaths caused by neglect being reported as due to natural causes.

In February 2019 the Judicial Inspectorate for Correctional Services launched an investigation into a violent incident at St. Albans Prison Correctional Center (Eastern Cape Province) that left an inmate dead and a prison guard injured. The investigation continued at year’s end.

Food, sanitation, and health care in prisons and detention centers were inadequate. Prisons provided inmates with potable water, but supplies and food were occasionally inadequate, and sanitation was poor. Most cells had toilets and basins but often lacked chairs, adequate light, and ventilation.

NGOs reported some mentally ill inmates who had committed no crime or other infraction were incarcerated rather than being cared for in a mental-health facility. Such prisoners also were often denied medical services. According to the Commission for Gender Equality, some mentally ill female prisoners were straitjacketed and kept in solitary confinement.

Administration: Authorities did not always conduct proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government usually permitted monitoring by independent nongovernmental observers of prison conditions, including visits by the International Committee of the Red Cross.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of arrest or detention in court. The government generally observed these requirements; however, there were numerous cases of arbitrary arrest of foreign workers, asylum seekers, and refugees.

Arrest Procedures and Treatment of Detainees

The law requires that a judge or magistrate issue arrest warrants based on sufficient evidence. Police must promptly inform detainees of the reasons for their detention, their right to remain silent, and the consequences of waiving that right. Police must charge detainees within 48 hours of arrest; hold them in conditions respecting human dignity; allow them to consult with legal counsel of their choice at every stage of their detention (or provide them with state-funded legal counsel); and permit them to communicate with relatives, medical practitioners, and religious counselors. The government often did not respect these rights. Police must release detainees (with or without bail) unless the interests of justice require otherwise, although bail for pretrial detainees often exceeded what suspects could pay.

Arbitrary Arrest: During the year there were numerous cases of arbitrary arrest, particularly of foreign workers, asylum seekers, and refugees. NGOs and media outlets reported security forces arbitrarily arrested migrants and asylum seekers–including those with proper documentation–often because police were unfamiliar with migrant and asylum documentation. In some cases police threatened documented migrants and asylum seekers with indefinite detention and bureaucratic hurdles unless they paid bribes. The law prohibits the detention of unaccompanied migrant children for immigration law violations, but NGOs reported the Department of Home Affairs (DHA) and SAPS nevertheless detained them.

Legal aid organizations reported police frequently arrested persons for minor crimes for which the law stipulates the use of a legal summons. Arrests for offenses such as common assault, failure to provide proof of identity, or petty theft sometimes resulted in the unlawful imprisonment of ordinary citizens alongside hardened criminals, which created opportunities for physical abuse. Human rights activists condemned the arrests and complained some of the individuals were undocumented because the DHA failed to reopen a refugee center in Cape Town, despite a court order. In October 2019 hundreds of refugees and asylum seekers encamped outside the offices of the UN High Commissioner for Refugees (UNHCR) in Cape Town and Pretoria, claiming they were not safe in South Africa, demanding resettlement to third countries. In October 2019 SAPS removed protesters from UNHCR’s Cape Town office and in November 2019 from the UNHCR Pretoria office. Approximately 180 male protesters were arrested, charged, and convicted of trespassing on the UNHCR compound, most of whom received suspended sentences and were released. As of November approximately 60 protesters remained in prison, having rejected the option of release.

Pretrial Detention: Lengthy pretrial detention was common. According to the Department of Correctional Services 2019-2020 Annual Report the pretrial population averaged 47,233 detainees, 33 percent of the total inmate population. According to the DCS, detainees waited an average of 176 days before trial. Observers attributed the high rate of pretrial detention to arrests based on insufficient evidence for prosecution, overburdened courts, poor case preparation, irregular access to public defenders, and prohibitive bail amounts. Police often held detainees while prosecutors developed cases and waited for court dates. Legal scholars estimated less than 60 percent of those arrested were convicted. The law requires a review in cases of pretrial detention of more than two years’ duration. The pretrial detention frequently exceeded the maximum sentence for the alleged crime.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. There were numerous reports of lost trial documents, often when the accused was a government official. NGOs stated judicial corruption was a problem.

Government agencies sometimes ignored orders from provincial high courts and the Constitutional Court.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Criminal defendants enjoy the right to a presumption of innocence; to be informed promptly of the charges; to a fair, timely, and public trial; to be present at their trial; to communicate with an attorney of their choice or have one provided at public expense if unable to pay; to have adequate time and facilities to prepare a defense; to free assistance of an interpreter; to confront prosecution or plaintiff witnesses and present their own witnesses and evidence; and not to be compelled to testify or confess guilt. Police did not always inform detainees promptly and in detail of the charges against them, nor did they always accurately complete corresponding paperwork. Provision of free interpreter assistance depended on availability and cost. Limited access to interpreters sometimes delayed trials. According to civil society groups, interpretation standards were low and sometimes compromised the accuracy of exchanges between a defendant and officers of the court. Judges sometimes transferred cases from rural to urban areas to access interpreters more easily.

Although detainees and defendants have the right to legal counsel provided and funded by the state when “substantial injustice would otherwise result,” this right was limited due to a general lack of information regarding rights to legal representation and inadequate government funding of such legal services. There is no automatic right to appeal unless a convicted individual is younger than 16, but courts may give defendants permission to do so. Additionally, the law provides for the High Court to review magistrate court sentences exceeding six months.

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 equality courts designated to hear matters relating to unfair discrimination, hate speech and harassment, and the South African Human Rights Commission, but the government did not always comply with court decisions. Individuals and organizations may not appeal domestic court decisions to the African Court on Human and Peoples’ Rights, because the government does not recognize the competence of the court.

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

The constitution and law prohibit such actions. There were no reports the government failed to respect these prohibitions. Civil society organizations raised concerns government management of the COVID-19 pandemic employed telephonic contact tracing that violated privacy rights. In April the government issued amended disaster management regulations. While the regulations recognized the right to privacy, the government urged citizens to make concessions until pandemic emergency measures were no longer necessary.

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 members of the press, and the government generally respected this right. An independent press, a generally effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Nevertheless, several apartheid-era laws and the Law on Antiterrorism permit authorities to restrict reporting on security forces, prisons, and mental institutions.

Freedom of Speech: Authorities limited free expression and public debate regarding hate speech. The decade-old case of journalist John Qwelane convicted of antigay hate speech for a 2008 editorial, “Call me names, but gay is not okay,” continued, as the Constitutional Court reviewed lower courts’ decisions on the case and examining the constitutionality of the Equality Act’s litmus test for defining hate speech.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views; however, conviction of publishing “fake news” regarding COVID-19 was punishable by fine, up to six months’ imprisonment, or both. The country’s press ombudsman stated that the COVID-19 measure had a chilling effect on journalists. In June the South African National Editors Forum (SANEF) stated that the pandemic led to the closure of two magazine publications and 80 other print publications, the elimination of 700 journalism jobs, and the loss of income of 70 percent of freelance journalists.

Violence and Harassment: There were instances of journalists being subjected to violence, harassment, or intimidation by authorities due to their reporting. For example, in August, ANC member of parliament Boy Mamabolo was recorded verbally insulting and threatening to shoot an investigative print journalist regarding allegations that Mamabolo had made derogatory remarks concerning the government’s decision to ban the sale of alcohol as a COVID-19 pandemic mitigation measure. In March Johannesburg police shot at a News 24 reporter when he started to report on police firing rubber bullets to disperse a group of individuals violating lockdown regulations. SANEF reportedly filed a formal complaint regarding the incident.

Censorship or Content Restrictions: Government and political officials often criticized media for lack of professionalism and reacted sharply to media criticism. Some journalists believed the government’s sensitivity to criticism resulted in increased media self-censorship.

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. The law authorizes state monitoring of telecommunication systems, however, including the internet and email, for national security reasons. The law requires all service providers to register on secure databases the identities, physical addresses, and telephone numbers of customers.

Academic Freedom and Cultural Events

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

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for freedom of assembly and association, and the government generally respected these rights. Nevertheless, NGOs reported many municipalities continued to require protest organizers to provide advance written notice before staging gatherings or demonstrations.

Freedom of Peaceful Assembly

In prior years protest organizers could be legally required to notify local authorities before staging gatherings or demonstrations. In 2018 the Constitutional Court ruled unanimously against this requirement. Legal experts welcomed the decision as an advance for civil liberties; however, they noted the ruling did not address the question of assuring security by local authorities during protests.

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 March the president declared a national disaster to restrict the spread of COVID-19. Freedom of movement was severely curtailed, including movement across international and provincial borders. Beginning on March 26, authorities instituted a 35-day strict lockdown that allowed persons to leave their residences only to obtain food and essential services.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Refugee advocacy organizations stated police and immigration officials physically abused refugees and asylum seekers. Xenophobic violence was a continuing problem across the country, especially in Gauteng Province. In August and September 2019, a spate of looting and violence in Johannesburg and Pretoria targeted foreign nationals, principally Nigerians and refugees from Somalia, Ethiopia, and the Democratic Republic of the Congo. Those targeted often owned or managed small, informal grocery stores in economically marginalized areas that lacked government services.

On social media immigrants were often blamed for increased crime and the loss of jobs and housing. Between January and November, there were at least 48 incidents of xenophobic violence. NGOs reported migrants were illegally evicted despite a national moratorium on evictions due to the COVID-19 pandemic. Violence against foreign truck drivers continued, including a flare-up in November of gasoline-bomb attacks on foreign truckers. Somali refugees continued to be among the most targeted groups, especially in the Eastern Cape, Western Cape, and Gauteng Provinces. At least 29 Somalis were killed during the year. NGOs reported perpetrators of violence included ordinary citizens and law enforcement officers. According to the African Center for Migration and Society, perpetrators of crimes against foreign nationals were rarely prosecuted.

Access to Asylum: The law provides for the granting of asylum and refugee status, and the government has an established system for providing protection to refugees. According to local migrants’ rights organizations, the DHA rejected most refugee applications. Those rejected then sought asylum. According to civil society groups, the system lacked procedural safeguards for seeking protection and review for unaccompanied minors, trafficked victims, and victims of domestic violence. Government services strained to keep up with the caseload, and NGOs criticized the government’s implementation of the system as inadequate.

Refugee advocacy groups criticized the government’s processes for determining asylum and refugee status, citing low approval rates, large case backlogs, a lack of timely information provided to asylum seekers on their asylum requests and status of their cases, inadequate use of country-of-origin information, an inadequate number of processing locations, and official corruption. Despite DHA anticorruption programs that punished officials found to be accepting bribes, NGOs and asylum applicants reported immigration officials sought bribes.

The DHA operated only three processing centers for asylum applications and refused to transfer cases among facilities. The DHA thus required asylum seekers to return to the office at which they were originally registered to renew asylum documents, which NGOs argued posed an undue hardship on those seeking asylum. NGOs reported asylum seekers sometimes waited in line for several days to access the reception centers.

Employment: According to NGOs, refugees regularly were denied employment due to their immigration status.

Access to Basic Services: Although the law provides for asylum seekers, migrants, and refugees to have access to basic services, including education, health, social support, police, and judicial services, NGOs stated health-care facilities and law enforcement personnel discriminated against them. Some refugees reported they could not access schooling for their children. They reported schools often refused to accept asylum documents as proof of residency. NGOs reported banks regularly denied services to refugees and asylum seekers if they lacked government-issued identification documents. Following a June court order in response to a lawsuit filed by the refugee-advocacy NGO Scalabrini Center of Cape Town, the government provided COVID-19 support payments to refugees and migrants. Refugees already had the legal right to such social support.

Durable Solutions: The government granted some refugees permanent residency and a pathway to citizenship, and, in collaboration with the International Organization for Migration, assisted others in returning voluntarily to their countries of origin. The law extends citizenship to children born to foreign national parents who arrived in South Africa on or after January 1, 1995.

Temporary Protection: The government offered temporary protection to some individuals who may not qualify as refugees. The government allowed persons who applied for asylum to stay in the country while their claims were adjudicated and if denied, to appeal.

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 May 2019 the country held National Assembly, National Council of Provinces, and provincial legislature elections. The ANC won 58 percent of the vote, the leading opposition Democratic Alliance (DA) Party 21 percent, and the Economic Freedom Fighters (EFF) Party 11 percent. According to the Electoral Institute for Sustainable Democracy in Africa, voter turnout was 66 percent, the lowest turnout for national elections since the end of apartheid. The institute stated the elections were transparent, fair, credible, and in line with the constitutional and legal framework for elections.

The ruling ANC won 230 of 400 seats in the National Assembly, the dominant lower chamber of parliament. Election observers, including the African Union and the Southern African Development Community, characterized the elections as largely credible. The government, however, restricted diplomatic missions from assigning more than two election observers each, effectively excluding diplomatic missions from broad observation of the elections. The DA won 84 parliamentary seats, the EFF won 44 seats, the Inkatha Freedom Party (IFP) won 14 seats, and the Freedom Front Plus (FF+) won 10 seats. The remaining 27 seats were allocated to nine other political parties based on a proportional vote-count formula. In the National Council of Provinces, the upper house of parliament, the ANC won 29 seats, the DA 13 seats, the EFF nine seats, the FF+ two seats, and the IFP one seat. ANC leader Cyril Ramaphosa was sworn in for his first full term as president of the republic.

The ANC won control of eight of the nine provincial legislatures.

Political Parties and Political Participation: Opposition parties accused the South African Broadcasting Corporation (SABC), the state-owned public broadcaster, of favoring the ruling party in its news coverage and advertising policies. Prior to the municipal elections, smaller political parties criticized the SABC for not covering their events. SABC regulations, however, dictate coverage should be proportional to the percentage of votes won in the previous election, and independent observers did not find the SABC violated this regulation.

Opposition parties claimed the ANC used state resources for political purposes in the provinces under its control. Prior to the elections, the DA accused ANC secretary general Ace Magashule of vote buying. ANC membership conferred advantages. Through a cadre deployment system, the ruling party controls and appoints party members to thousands of civil service positions in government ministries and in provincial and municipal governments.

There were reports government officials publicly threatened to boycott private businesses that criticized government policy.

Postponed from March due to the COVID-19 pandemic, in November a total of 96 municipal ward by-elections were conducted. More than 600,000 voters participated nationwide. Although largely peaceful, in Soweto there was one report of residents blocking a polling station with boulders and burning tires to protest their community’s lack of electricity for six months.

Participation of Women and Members of Minority Groups: No law limits the participation of women or members of minority groups in the political process, and they did participate. Cultural factors, however, limited women’s political participation.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for conviction of official corruption, and the government continued efforts to implement the law effectively; however, officials sometimes engaged in corrupt practices with impunity.

At least 10 agencies, including the SAPS Special Investigation Unit, Public Service Commission, Office of the Public Prosecutor, and Office of the Auditor General, were involved in anticorruption activities. During the year the Office of the Public Protector, which is constitutionally mandated to investigate government abuse and mismanagement, investigated thousands of cases, some of which involved high-level officials.

Corruption: Official corruption remained a problem. The ANC sought to remove party members implicated in corruption scandals due to concern the scandals undermined public confidence in the ANC-led government.

On November 10, ANC secretary general Magashule was arrested on 21 charges of corruption, theft, fraud, and money laundering, and he was released on bail. Magashule had yet to be tried by year’s end. He rejected calls by the ANC Integrity Commission to step down. The ANC National Executive Committee was considering whether to suspend him from the party at year’s end.

Financial Disclosure: Public officials, including members of national and provincial legislatures, all cabinet members, deputy ministers, provincial premiers, and members of provincial executive councils, are subject to financial disclosure laws and regulations, but some failed to comply, and the majority filed their reports late. The declaration regime clearly identifies the assets, liabilities, and interests that public officials must declare. Government officials are required to declare publicly their financial interests when they enter office, and there are administrative and criminal sanctions for noncompliance, but no office is mandated to monitor and verify disclosures and the compliance is not enforced.

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 were somewhat cooperative and responsive to their views.

Government Human Rights Bodies: Although created by the government, the South African Human Rights Commission operated independently and was responsible for promoting the observance of fundamental human rights at all levels of government and throughout the general population. The commission has the authority to conduct investigations, issue subpoenas, and take sworn testimony. Civil society groups considered the commission only moderately effective due to a large backlog of cases and the failure of government agencies to adhere to its recommendations.

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

Women

Rape and Domestic Violence: The law criminalizes domestic violence and rape of men or women, including spousal rape, but the government did not effectively enforce the law. The minimum sentence for conviction of rape is 10 years’ imprisonment. Under certain circumstances, such as second or third offenses, multiple rapes, gang rapes, or the rape of a minor or a person with disabilities, conviction requires a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence. Perpetrators with previous rape convictions and perpetrators aware of being HIV positive at the time of the rape also face a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence.

In most cases of rape and domestic violence, attackers were acquaintances or family members of the victim that, together with societal attitudes, contributed to a reluctance to press charges. NGOs stated that cases were underreported especially in rural communities due to stigma, unfair treatment, fear, intimidation, and lack of trust in the criminal justice system. According to Police Minister Bheki Cele, during the first week of the COVID-19 lockdown, police received more than 87,000 rape and other gender-based violence (GBV) complaints.

There were numerous reported sexual assaults similar to the following example. In June a woman eight months pregnant was found dead hanging from a tree in Johannesburg. She and her fetus had multiple stab wounds. Muzikayise Malephane, age 31, was arrested and charged with premeditated murder. He had yet to be tried by year’s end.

SAPS reported an increase in the number of reported raped cases from 41,583 in 2018/19 to 42,289 in 2019/20. According to the National Prosecuting Authority 20192020 Annual Report, the authority achieved its highest number of successfully prosecuted sexual offense cases during the time period. It prosecuted 5,451 sexual offense cases and had 4,098 convictions, a 75 percent conviction rate.

The Department of Justice operated 96 dedicated sexual offenses courts throughout the country. Although judges in rape cases generally followed statutory sentencing guidelines, women’s advocacy groups criticized judges for using criteria, such as the victim’s behavior or relationship to the rapist, as a basis for imposing lighter sentences.

The National Prosecuting Authority operated 51 rape management centers, or Thuthuzela Care Centers (TCCs), addressing the rights and needs of victims and vulnerable persons, including legal assistance. TCCs assisted 35,469 victims of sexual offenses and related crimes during the year. A key TCC objective is prosecution of sexual, domestic violence, child abuse offenders. Approximately 75 percent of the cases it took to trial resulted in conviction.

Domestic violence was pervasive and included physical, sexual, emotional, and verbal abuse, as well as harassment and stalking. The government prosecuted domestic violence cases under laws governing rape, indecent assault, damage to property, and violating a protection order. The law requires police to protect victims from domestic violence, but police commanders did not always hold officers accountable. Conviction of violating a protection order is punishable by up to five years’ imprisonment, and up to 20 years’ imprisonment if convicted of additional criminal charges. Penalties for conviction of domestic violence include fines and sentences of between two and five years’ imprisonment.

The government financed shelters for abused women, but NGOs reported a shortage of such facilities, particularly in rural areas, and that women were sometimes turned away from shelters. In March 2019 the president signed a declaration regarding GBV against women and femicide (the killing of a girl or woman, in particular by a man) that provided for the establishment of the GBV Council and the National Strategic Plan for Gender-Based Violence and Femicide 2020-2030. In May the government began implementation of the plan. Its focus is on GBV faced by women across age, sexual orientation, sexual and gender identities, and on specific groups such as elderly women, women who live with a disability, migrant women, and transgender women.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of girls and women, but girls in isolated zones in ethnic Venda communities in Limpopo Province were subjected to the practice. The government continued initiatives to eradicate the practice, including national research and sensitization workshops in areas where FGM/C was prevalent.

Sexual Harassment: Although prohibited by law, sexual harassment remained a widespread problem. Sexual harassment is a criminal offense for which conviction includes fines and sentences of up to five years’ imprisonment.

Enforcement against workplace harassment is initially left to employers to address as part of internal disciplinary procedures. The Department of Labor issued guidelines to employers on how to handle workplace complaints that allow for remuneration of a victim’s lost compensation plus interest, additional damages, legal fees, and dismissal of the perpetrator in some circumstances. NGOs and unions urged the government to ratify the International Labor Organization convention on the prevention of violence and harassment in the workplace. Despite presidential support, parliament had yet to ratify the convention by year’s end.

NGOs reported sexual harassment of women in the major political parties. For example, in October a female DA party member filed a complaint with police against former Tshwane mayor Solly Msimanga. Msimanga subsequently sued for defamation. Only two of the seven major parties have policies against sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide freely the number, spacing, and timing of their children; to manage their reproductive health; and to have the information and means to do so free from discrimination, coercion, and violence. Contraception was widely available and free at government clinics. Emergency health care was available for the treatment of complications arising from abortion.

The government provided access to sexual and reproductive health services for survivors of sexual violence. The country has laws and policies to respond to gender-based violence and femicide, although authorities did not fully implement these policies and enforce relevant law. The law provides for survivors of gender-based violence to receive shelter and comprehensive care, including treatment of injuries, a forensic examination, pregnancy and HIV testing, provision of postexposure prophylaxis, and counseling rehabilitation services.

The maternal mortality ratio was 536 pregnancy-related deaths per 100,000 live births. According to the South Africa Demographic and Health Survey 2016, for every 1,000 live births, approximately five girls and women died during pregnancy or within two months after childbirth, 77 percent of girls and women ages 15-19 had four or more antenatal care examinations, and skilled health-care providers attended 97 percent of births.

Coercion in Population Control: There were no reports of forced abortion on the part of government authorities; however, there were reports of forced sterilizations submitted to the Commission for Gender Equality and civil society organizations during the year. In February the Commission for Gender Equality documented 48 forced sterilization procedures conducted at 15 state hospitals between 2002 and 2015. According to the commission, the procedures were largely conducted on women who gave birth via cesarean section and were HIV positive.

Discrimination: Discrimination against women remained a serious problem despite legal equality in family, labor, property, inheritance, nationality, divorce, and child custody matters. Women experienced economic discrimination in wages, extension of credit, and ownership of land.

Traditional patrilineal authorities, such as a chief or a council of elders, administered many rural areas. Some traditional authorities refused to grant land tenure to women, a precondition for access to housing subsidies. Women could challenge traditional land tenure discrimination in courts, but access to legal counsel was costly.

By law any difference in the terms or conditions of employment among employees of the same employer performing the same, substantially similar, or equal value work constitutes discrimination. The law expressly prohibits unequal pay for work of equal value and discriminatory practices, including separate pension funds for different groups in a company (see section 7.d.).

Children

Birth Registration: The law provides for citizenship by birth (if at least one parent is a permanent resident or citizen), descent, and naturalization. Registration of births was inconsistent, especially in remote rural areas and by parents who were unregistered foreign nationals. Children without birth registration had no access to government services such as education or health care, and their parents had no access to financial grants for their children.

Education: Public education is compulsory and universal until age 15 or grade nine. Public education is fee based and not fully subsidized by the government. Nevertheless, the law provides that schools may not refuse admission to children due to a lack of funds; therefore, disadvantaged children, who were mainly black, were eligible for financial assistance. Even when children qualified for fee exemptions, low-income parents had difficulty paying for uniforms and supplies. In violation of law, noncitizen children were sometimes denied access to education based on their inability to produce identification documents, such as birth certificates and immunization documents.

Child Abuse: The law criminalizes child abuse. The penalties for conviction of child abuse include fines and up to 20 years’ imprisonment. Violence against children, including domestic violence and sexual abuse, remained widespread.

There were reports of abuse of students by teachers and other school staff, including reports of assault and rape. The law requires schools to disclose sexual abuse to authorities, but administrators sometimes concealed sexual violence or delayed taking disciplinary action.

Child, Early, and Forced Marriage: By law parental or judicial consent to marry is required for individuals younger than 18. Nevertheless, ukuthwala, the practice of abducting girls as young as 14 and forcing them into marriage, occurred in remote villages in Western Cape, Eastern Cape, and KwaZulu-Natal Provinces. The law prohibits nonconsensual ukuthwala and classifies it as a trafficking offense.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, and offering or procurement of children for prostitution and child pornography. Conviction includes fines and 10 years’ imprisonment. The Film and Publications Board maintained a website and a toll-free hotline for the public to report incidents of child pornography. In October 2019 Johannes Oelofse of Alberton in Gauteng Province was sentenced to life imprisonment for conviction of repeatedly raping his daughter who had a mental disability.

International Child Abductions: The country is a party to the 1980 Hague Convention on 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.

Anti-Semitism

The South African Jewish Board of Deputies (SAJBD) estimated the Jewish community at 60,000 persons. The SAJBD recorded 69 anti-Semitic incidents between January and December, a steep increase from 37 in 2019. There were reports of verbal abuse and hate speech–especially in social media–and attacks on Jewish persons or property.

In October a district court issued the country’s first criminal conviction of anti-Semitism. The court sentenced defendant Matome Letsoalo to three years’ imprisonment. In 2008 Letsoalo posted anti-Semitic messages on Twitter that included images of Holocaust victims. In November the Randburg Magistrate Court issued a cessation order against Jan Lamprecht for posting online virulent anti-Semitism statements and personal information on SAJBD’s national vice chairperson.

Twin brothers, Brandon Lee Thulsie and Tony Lee Thulsie, arrested in 2016 for allegedly planning to set off explosives at Jewish establishments, continued to await trial in detention at year’s end. They were charged with contravening the Protection of Constitutional Democracy against Terror and Related Activities Act and with having ties to a foreign terrorist organization. On October 1, the Johannesburg High Court of Johannesburg denied bail to the brothers. They remained incarcerated at year’s end.

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 based on physical, sensory, intellectual, and mental disability in employment or access to health care, the judicial system, and education. The law, however, prohibits persons identified by the courts as having a mental disability from voting. Department of Transportation policies on providing services to persons with disabilities were consistent with the constitution’s prohibition on discrimination. The Department of Labor ran vocational centers at which persons with disabilities learned income-generating skills. Nevertheless, government and private-sector employment discrimination existed. The law mandates access to buildings for persons with disabilities, but such regulations were rarely enforced, and public awareness of them remained minimal.

The law prohibits harassment of persons with disabilities and, in conjunction with the Employment Equity Act, provides guidelines on the recruitment and selection of persons with disabilities, reasonable accommodation for persons with disabilities, and guidelines on proper handling of employees’ medical information. Enforcement of this law was limited.

The 20172018 Annual Report of the Department of Basic Education stated there were numerous barriers to education for students with disabilities, primarily a policy of channeling students into specialized schools at the expense of inclusive education. The department’s 2019/20 report reported progress toward a more inclusive basic education and cited expansion of “special schools” and increased enrollment of students with disabilities in both special and public schools. Separate schools frequently charged additional fees (making them financially inaccessible), were located long distances from students’ homes, and lacked the capacity to accommodate demand. Human Rights Watch reported that children with disabilities were often denied tuition waivers or tuition reductions provided to other children. Children often were housed in dormitories with few adults, many of whom had little or no training in caring for children with disabilities. When parents attempted to force mainstream schools to accept their children with disabilities–an option provided for by law–schools sometimes rejected the students outright because of their disabilities or claimed there was no room for them. Many blind and deaf children in mainstream schools received only basic care rather than education.

According to the Optimus Study on Child Abuse, Violence and Neglect in South Africa, children with disabilities were 78 percent more likely than children without disabilities to have experienced sexual abuse in the home. Persons with disabilities were sometimes subject to abuse and attacks, and prisoners with mental disabilities often received no psychiatric care. According to the NGO International Disability Alliance, on August 26, Nathaniel Julius, an unarmed boy age 16 who had Down syndrome, was shot and killed by SAPS officers. Police allegedly shot the boy when he did not respond to questioning. The officers were charged with murder (see section 1.a.).

Members of National/Racial/Ethnic Minority Groups

There were numerous reports of racially motivated abuses similar to the following examples. In June 2019 the Council on Medical Schemes launched an investigation into alleged discrimination against black and Indian medical professionals in the private health-care sector who stated that medical insurance companies denied payment of their medical-services claims on racial grounds. The SABC reported allegations that the FNB bank (First National Bank) charged black homebuyers up to 40 percent more for mortgages than it charged whites.

Some advocacy groups asserted white farmers were racially targeted for burglaries, home invasions, and killings, while many observers attributed the incidents to the country’s high and growing crime rate. According to the Institute for Security Studies, “farm attacks and farm murders have increased in recent years in line with the general upward trend in South Africa’s serious and violent crimes.” According to the SAPS Annual Crime Statistics 2019/2020 Report there were 36 homicides per 100,000 persons and a total of 21,325 reported homicides in 2019/2020.

Local community or political leaders who sought to gain prominence in their communities allegedly instigated some attacks on African migrants and ethnic minorities (see section 2.d., Abuse of Migrants, Refugees, and Stateless Persons). The government sometimes responded quickly and decisively to xenophobic incidents, sending police and soldiers into affected communities to quell violence and restore order, but responses were sporadic and often slow and inadequate. Civil society organizations criticized the government for failing to address the causes of violence, for not facilitating opportunities for conflict resolution in affected communities, for failing to protect the property or livelihoods of foreign nationals, and for failing to deter such attacks by vigorous investigation and prosecution of perpetrators.

Indigenous People

The NGO Working Group of Indigenous Minorities in Southern Africa estimated there were 7,500 indigenous San and Khoi in the country, some of whom worked as farmers or farm laborers. By law the San and Khoi have the same political and economic rights as other citizens, although the government did not always effectively protect those rights or deliver basic services to indigenous communities. Indigenous groups complained of exclusion from land restitution, housing, and affirmative action programs. They also demanded formal recognition as “first peoples” in the constitution. Their lack of recognition as first peoples excluded them from inclusion in government-recognized structures for traditional leaders. Their participation in government and the economy was limited due to fewer opportunities, lack of land and other resources, minimal access to education, and relative isolation.

In August 2019 the president signed into law the Protection, Promotion, Development and Management of Indigenous Knowledge Bill that established the National Indigenous Knowledge Systems Office, which is responsible for managing indigenous communities’ rights.

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

The constitution prohibits discrimination based on sexual orientation. The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services such as health care. In March 2019 the High Court of Gauteng ruled that the Dutch Methodist Church’s ban on solemnizing same-sex marriages was unconstitutional.

Despite government policies prohibiting discrimination, there were reports of official mistreatment or discrimination based on sexual orientation or gender identity. For example, there were reports of security force members raping LGBTI individuals during arrest. A 2018 University of Cape Town report underscored violence and discrimination, particularly against lesbians and transgender individuals. The report documented cases of “secondary victimization” of lesbians, including cases in which police harassed, ridiculed, and assaulted victims of sexual and GBV who reported abuse. LGBTI individuals were particularly vulnerable to violent crime due to anti-LGBTI attitudes within the community and among police. Anti-LGBTI attitudes of junior members of SAPS affected how they handled complaints by LGBTI individuals.

HIV and AIDS Social Stigma

HIV and HIV-related social stigma and discrimination in employment, housing, and access to education and health care remained a problem, especially in rural communities. In June 2019 Deputy President David Mabuza stated, “We are not doing well in preventing new (HIV) infections. It is estimated that there are approximately 250,000 new infections annually, and our target is to get below 100,000 new infections by December 2020. This gap is big, and it must be closed.”

Other Societal Violence or Discrimination

There were reports persons accused of witchcraft were attacked, driven from their villages, and in some cases killed, particularly in Limpopo, Mpumalanga, KwaZulu-Natal, and Eastern Cape Provinces. Victims were often elderly women. Traditional leaders generally cooperated with authorities and reported threats against persons suspected of witchcraft.

Persons with albinism faced discrimination and were sometimes attacked in connection with ritual practices.

In August 2019 a court convicted a teacher in Mpumalanga Province of murdering and dismembering a teenage student with albinism. The suspect was convicted and sentenced to imprisonment of two life terms. Three alleged accomplices were charged and pled not guilty. They had yet to be tried by year’s end.

Ritual (muthi) killings to obtain body parts believed by some to enhance traditional medicine persisted. Police estimated organ harvesting for traditional medicine resulted in 50 killings per year.

NGOs reported intimidation and violent attacks on rural land rights activists. On October 27, environmental activist Fikile Ntshangase was killed in her home. As a prominent member of the Mfolozi Community Environmental Justice Organization, she had been involved in legal proceedings protesting expansion in KwaZulu-Natal Province of one of the country’s largest open coal mines. No arrests were made. Another member of her community critical of the coal mine survived a drive-by shooting of his home. The South African Human Rights Commission called on the government to create a safe environment for activists to exercise their rights, including acting on threats against activists.

Discrimination against members of religious groups occurred. In June 2019 a female SANDF member Major Fatima Isaacs was ordered to remove her religious headscarf from beneath her military beret. She refused the order. In January SANDF dropped charges against Isaacs of willful defiance and disobeying a lawful command. A spokesperson for Major Isaacs stated that a complaint regarding discrimination across a wide range of SANDF policies would be filed with the Equality Court.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law allows all workers, except for members of the National Intelligence Agency and the Secret Service, to form and join independent unions of their choice without previous authorization or excessive requirements. The law allows unions to conduct their activities without interference and provides for the right to strike, but it prohibits workers in essential services from striking, and employers are prohibited from locking out essential service providers. The government characterizes essential services as a service, the interruption of which endangers the life, personal safety, or health of the whole or part of the population; parliamentary service; and police services.

The law allows workers to strike due to matters of mutual interest, such as wages, benefits, organizational rights disputes, socioeconomic interests of workers, and similar measures. Workers may not strike because of disputes where other legal recourse exists, such as through arbitration. Labor rights NGOs operated freely.

The law protects collective bargaining and prohibits employers from discriminating against employees or applicants based on past, present, or potential union membership or participation in lawful union activities. The law provides for automatic reinstatement of workers dismissed unfairly for conducting union activities. The law provides a code of good practices for dismissals that includes procedures for determining the “substantive fairness” and “procedural fairness” of dismissal. The law includes all groups of workers, including illegal and legally resident foreign workers.

The government respected freedom of association and the right to collective bargaining. Labor courts and labor appeals courts effectively enforced the right to freedom of association and the right to collective bargaining, and penalties were commensurate with penalties for comparable violations of the law.

Worker organizations were independent of the government and political parties, although the Congress of South African Trade Unions (COSATU), the country’s largest labor federation, is a member of a tripartite alliance with the governing ANC Party and the South African Communist Party. Some COSATU union affiliates lobbied COSATU to break its alliance with the ANC, arguing the alliance had done little to advance workers’ rights and wages. In 2017 COSATU’s breakaway unions, unhappy with the ANC alliance, launched an independent labor federation, the South African Federation of Trade Unions.

The minister of labor has the authority to extend agreements by majority employers (one or more registered employers’ organizations that represent 50 percent plus one of workers in a sector) and labor representatives in sector-specific bargaining councils to the entire sector, even if companies or employees in the sector were not represented at negotiations. Companies not party to bargaining disputed this provision in court. Employers often filed for and received Department of Labor exemptions from collective bargaining agreements.

If not resolved through collective bargaining, independent mediation, or conciliation, disputes between workers in essential services and their employers were referred to arbitration or the labor courts.

Workers frequently exercised their right to strike. Trade unions generally followed the legal process of declaring a dispute (notifying employers) before initiating a strike. The National Education, Health and Allied Workers’ Union, a COSATU affiliate, organized a strike that pressed government to honor a wage agreement signed in 2018. Additionally, after years of division, the country’s largest trade federations united to organize a series of peaceful marches nationwide to reinvigorate labor union organizing, which had languished due to constraints imposed by COVID-19; to call attention to rising levels of corruption; and to reframe the nationwide discourse on workers’ rights. The event took place against a backdrop of rising tensions between the ANC and labor unions concerning the latter’s criticism of the ruling party’s handling of the economy and failure to advance policies that support the working poor. The 2019/20 striking season was heavily affected by the COVID-19 pandemic and saw unions and business working together to salvage both jobs and industries by freezing negotiations until 2021.

Workers at a food factory were reportedly suspended for liking social media posts by trade union leadership. Anecdotal evidence suggested farmers routinely hampered the activities of unions on farms. Casual workers reported difficulty exercising their rights due to fear that their contracts would not be renewed.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced labor. The penalties were not commensurate with those for comparable crimes. Inspectors typically levied fines and required payment of back wages in lieu of meeting evidentiary standards of criminal prosecution.

The government did not always effectively enforce the law. Boys, particularly migrant boys, were forced to work in street vending, food services, begging, criminal activities, and agriculture (see section 7.c.). Women from Asia and neighboring African countries were recruited for legitimate work, but some were subjected to domestic servitude or forced labor in the service sector. There were also reports by NGOs of forced labor in the agricultural, mining, and fishing sectors.

Also see the Department of States 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 employment of children younger than 15. The law allows children younger than 15 to work in the performing arts if their employers receive permission from the Department of Labor and agree to follow specific guidelines. The law also prohibits children between ages 15 and 18 from work that threatens their wellbeing, education, physical or mental health, or spiritual, moral, or social development. Children may not work more than eight hours a day or before 6 a.m. or after 6 p.m. A child not enrolled in school may not work more than 40 hours in any week, and a child attending school may not work more than 20 hours in any week.

The law prohibits children from performing hazardous duties, including lifting heavy weights, meat or seafood processing, underground mining, deep sea fishing, commercial diving, electrical work, working with hazardous chemicals or explosives, in manufacturing, rock and stone crushing, and work in gambling and alcohol-serving establishments. Employers may not require a child to work in a confined space or to perform piecework and task work. Penalties for violating child labor laws were commensurate with those for comparable crimes.

The government enforced child labor law in the formal sector of the economy that strong and well-organized unions monitored, but enforcement in the informal and agricultural sectors was inconsistent. The Department of Labor deployed specialized child labor experts in integrated teams of child labor intersectoral support groups to each province and labor center.

According to the department, the government made progress in eradicating the worst forms of child labor by raising awareness, instituting strict legal measures, and increasing penalties for suspected labor violators. Nevertheless, it added that more efforts to address issues of child labor in migrant communities were needed.

Children were found working as domestic laborers, street workers, and scavenging garbage for food items and recyclable items. Boys, particularly migrant boys, were forced to work in street vending, food services, begging, criminal activities, and agriculture. Although the government did not compile comprehensive data on child labor, NGOs and labor inspectors considered its occurrence rare in the formal sectors of the economy but believe that there might instances in the informal economy of child labor that are underreported due to lack of dedicated resources.

See also 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 Employment Equity Act protects all workers against unfair discrimination on the grounds of race, age, gender, religion, marital status, pregnancy, family responsibility, ethnic or social origin, color, sexual orientation, disability, conscience, belief, political, opinion, culture, language, HIV status, birth, or any other arbitrary ground. The legal standard used to judge discrimination in all cases is whether the terms and conditions of employment among employees of the same employer performing the same or substantially similar work, or work of equal value, differ directly or indirectly based on any of the grounds listed above. Employees have the burden of proving such discrimination. Penalties were commensurate with those for comparable crimes. The government has a regulated code of conduct to assist employers, workers, and unions to develop and implement comprehensive, gender-sensitive, and HIV/AIDS-compliant workplace policies and programs.

The government did not consistently enforce the law. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, HIV status, and country of origin (see section 6).

Discrimination cases were frequently taken to court or the Commission for Conciliation, Arbitration, and Mediation.

In its 2018-19 annual report, the Commission for Employment Equity cited data on discrimination by ethnicity, gender, age, and disability in all sectors of the economy. The implementation of the Black Economic Empowerment Act, which aims to promote economic transformation and enhance participation of blacks in the economy, continued. The public sector better reflected the country’s ethnic and gender demographics. Bias against foreign nationals was common in society and the workplace.

e. Acceptable Conditions of Work

On January 1, the country’s first national minimum wage came into effect, replacing a patchwork of sectoral minimum wages set by the Department of Labor. The minimum wage was above the official poverty line. The law protects migrant workers, and they are entitled to all benefits and equal pay. The minimum wage law also established a commission to make annual recommendations to parliament for increases in the minimum wage.

The law establishes a 45-hour workweek, standardizes time-and-a-half pay for overtime, and authorizes four months of maternity leave for women. No employer may require or permit an employee to work overtime except by agreement, and employees may not work be more than 10 overtime hours a week. The law stipulates rest periods of 12 consecutive hours daily and 36 hours weekly and must include Sunday. The law allows adjustments to rest periods by mutual agreement. A ministerial determination exempted businesses employing fewer than 10 persons from certain provisions of the law concerning overtime and leave. Farmers and other employers could apply for variances from the law by showing good cause. The law applies to all workers, including workers in informal sectors, foreign nationals, and migrant workers, but the government did not prioritize labor protections for workers in the informal economy.

The government set appropriate occupational health and safety (OSH) standards through the Department of Mineral Resources and Energy for the mining industry and through the Department of Labor for all other industries.

There are harsh penalties for violations of OSH laws in the mining sector. Employers are subject to heavy fines or imprisonment if convicted of responsibility for serious injury, illness, or the death of employees due to unsafe mine conditions. The law allows mine inspectors to enter any mine at any time to interview employees and audit records. The law provides for the right of mine employees to remove themselves from work deemed dangerous to health or safety. The law prohibits discrimination against a mining employee who asserts a right granted by law and requires mine owners to file annual reports providing OSH statistics for each mine, including safety incidents. Conviction of violating the mining health and safety law is punishable by two years’ imprisonment, and the law empowers the courts to determine a fine or other penalty for perjury. The Department of Mineral Resources and Energy was responsible for enforcing OSH law.

Outside the mining industry, no law or regulation permits workers to remove themselves from work situations deemed dangerous to their health or safety without risking loss of employment, although the law provides that employers may not retaliate against employees who disclose dangerous workplace conditions. Employees were also able to report unsafe conditions to the Department of Labor that used employee complaints as a basis for prioritizing labor inspections. Penalties were commensurate with those for comparable offenses. The Department of Labor is responsible for enforcing safety laws outside the mining sector.

The Department of Labor is responsible for enforcing wage standards outside the mining sector, and a tripartite Mine Health and Safety Council and an Inspectorate of Mine Health and Safety enforced such standards in the mining sector. Penalties for violations of wages and workhour laws outside the mining sector were commensurate with those for comparable offenses.

The Department of Labor employed an insufficient number of labor inspectors to enforce compliance. Labor inspectors conducted routine and unannounced inspections at various workplaces that employed vulnerable workers. Labor inspectors investigated workplaces in both the formal and informal sectors. Labor inspectors and unions reported having difficulty visiting workers on private farms.

The government did not effectively enforce the law in all sectors. OSH regulations were frequently violated in the mining sector, and compensation for injuries was erratic and slow. Penalties were commensurate with those for comparable offenses, however, not sufficient to deter violations. Unions in the agriculture sector noted their repeated attempts to have the Department of Labor fine farm owners who failed to shield workers from hazardous chemicals sprayed on crops. Although labor conditions improved on large commercial farms, COSATU and leading agricultural NGOs reported labor conditions on small farms remained harsh. Underpayment of wages and poor living conditions for workers, most of whom were black noncitizens, were common. Many owners of small farms did not measure working hours accurately, 12-hour workdays were common during harvest time, and few farmers provided overtime benefits. Amendments to the Basic Conditions of Employment Act attempted to address some labor abuses at farms. For example, changes prohibited farms from selling goods from farm-operated stores to farm employees on credit at inflated prices. During the COVID-19 pandemic, many employers cut salaries, without following the law restricting an employer’s ability to change an employee’s pay; this was especially evident with domestic workers. Most domestic workers were either subject to staying with their employers or risk losing both their income and employment.

Farm workers also reported health and sanitation concerns. In a 2017 report, the NGO Women on Farms Project stated that 63 percent of the female farm workers surveyed did not have access to bathroom facilities and were forced to seek a bush or a secluded spot. The report also included the responses of female farm workers and their children who reported suffering from health problems such as skin rashes, cholinesterase depression, poisoning, harmful effects on the nervous system, and asthma due to the pesticides to which they were exposed.

Mining accidents were common. Mine safety has steadily improved from prior decades, however. For example, 553 miners lost their lives in 1995 compared with only 51 deaths in 2019 and 81 deaths in 2018. Mining operations were scaled down significantly during the year due to the COVID-19 pandemic, particularly deep-level mining. According to the Department of Mineral Resources and Energy, between January and September, there were 37 reported fatalities and 1,053 injuries among workers in the mining industry.

In July 2019 the Constitutional Court ruled employees assigned to workplaces via a labor broker (“temporary employment service”) are employees of the client and entitled to wages and benefits equal to those of regular employees of the client.

In August 2019 the High Court of Gauteng expanded statutory workers’ compensation coverage to domestic workers for injuries suffered in the course of their employment.

Tanzania

Executive Summary

The United Republic of Tanzania is a multiparty republic consisting of the mainland region and the semiautonomous Zanzibar archipelago, whose main islands are Unguja (Zanzibar Island) and Pemba. The union is headed by a president, who is also the head of government. Its unicameral legislative body is the National Assembly (parliament). Zanzibar, although part of the union, exercises considerable autonomy and has its own government with a president, court system, and legislature. On October 28, the country held its sixth multiparty general election, resulting in the reelection of the union president, John Magufuli, with 85 percent of the vote, and the election of Dr. Hussein Mwinyi with 76 percent of the vote for his first term as president of Zanzibar. International and local election observers and civil society noted widespread election irregularities in the pre-election period, on election day, and in the postelection period which affected the credibility of the electoral process. Prior to the election, opposition candidates were routinely disqualified, harassed, and arrested. There were reports of significant and widespread voting irregularities, internet disruptions, intimidation of journalists, arrests, and violence by security forces both in mainland Tanzania and on Zanzibar resulting in an election that was neither free nor fair.

Under the union’s Ministry of Home Affairs, the Tanzanian Police Force has primary responsibility for maintaining law and order. The Field Force Unit, a special police division, has primary responsibility for controlling unlawful demonstrations and riots. The Tanzania People’s Defense Forces include the army, navy, air force, and National Services. The Defense Forces are responsible for external security but also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities maintained effective control over the security forces and directed their activities. Members of domestic security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by the government or on behalf of the government; forced disappearance by the government or on behalf of the government; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government or on behalf of the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, site blocking, the existence of criminal libel laws even if not enforced; overly restrictive nongovernmental organization laws; substantial interference with the rights of peaceful assembly and freedom of association; refoulement of refugees to a country where they would face a threat to their life or freedom or other mistreatment of refugees that would constitute a human rights abuse; inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation where elections have not been found to be genuine, free, or fair; serious acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; crimes involving violence or threats of violence targeting persons with disabilities, members of national/racial/ethnic minorities, or indigenous people; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; existence or use of laws criminalizing consensual same-sex sexual conduct between adults; and use of forced or compulsory child labor.

In some cases the government took steps to investigate and prosecute officials who committed human rights abuses, but impunity in police and other security forces and civilian branches of government was widespread.

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. The Department of Public Prosecution is responsible for investigating whether security forces killings were justifiable and pursuing prosecutions.

In Zanzibar, on the island of Pemba, there were reports that security forces shot and killed approximately a dozen persons as a way to suppress freedom of assembly and expression before the election. On Pemba and the main island of Unguja, security forces reportedly killed a number of persons after the election, including individuals protesting the results of the election.

b. Disappearance

There were reports of disappearances by or on behalf of government authorities. There were numerous cases of police using “snatch and grab” tactics where authorities arrested individuals who temporarily disappeared and then reappeared in police stations only after social media pressure. The government made no efforts to investigate or punish such acts.

On July 20, police released Sheikh Ponda Issa Ponda nine days after he was arrested and his location not disclosed. He was detained after he released a statement detailing long-held Muslim grievances.

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

The constitution prohibits such practices; however, the law does not reflect this constitutional restriction nor define torture. There were reports that police officers, prison guards, and soldiers abused, threatened, or otherwise mistreated civilians, suspected criminals, and prisoners. These abuses often involved beatings.

On September 25, Dar es Salaam police arrested three senior officials from the opposition political party ACT-Wazalendo at their election headquarters. An ACT-Wazalendo representative reported that one of the officials was physically mistreated while in custody.

The law allows caning. Local government officials and courts occasionally used caning as a punishment for both juvenile and adult offenders. Caning and other corporal punishment were also used routinely in schools.

On April 18, police raided a number of bars in Dar es Salaam, including one called “The Great,” where police caned patrons, staff, and managers for ignoring Regional Commissioner Paul Makonda’s order against visiting bars during the height of COVID-19 prevention measures. Video from Arusha taken in April showed an unidentified Maasai man, acting in his capacity as a security guard, caning passersby on the street for not maintaining social distancing guidelines.

In March, seven men were arrested for homosexual activity and purportedly subjected to forced anal exams. Their case was ongoing as of year’s end (see section 6).

According to the Conduct in UN Field Missions online portal, there were two allegations submitted during the year of sexual exploitation and abuse by Tanzanian peacekeepers deployed to UN peacekeeping missions. There were also nine open allegations submitted between 2015 and 2019 of sexual exploitation and abuse by Tanzanian peacekeepers deployed to UN peacekeeping missions. The alleged abuses involved rape of a child, transactional sex with an adult, exploitative relationship with an adult, and sexual assault. As of September, the government had not provided accountability for any of the 11 open allegations.

Prison and Detention Center Conditions

Prisons and prison conditions remained harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions.

Physical Conditions: Prisons continued to hold more inmates than their capacity. Pretrial detainees and convicted prisoners were held together. Convicts were not separated according to the level of their offenses or age.

Authorities held minors together with adults in several prisons due to lack of detention facilities.

Information on the prevalence of deaths in prisons was not available.

Physical abuse of prisoners was common and there were reports of mistreatment during the reporting year. Female prisoners reported they were subject to sexual harassment and beatings by prison authorities.

Prison staff reported food and water shortages, a lack of electricity, inadequate lighting, and insufficient medical supplies. Prisons were unheated, but prisoners in cold regions reportedly received blankets and sweaters. Sanitation was insufficient. In 2018 President Magufuli publicly told the commissioner general of prisons that the government would no longer feed prisoners and that prisoners should cultivate their own food. While some prisons provided prisoners with food, the Ministry of Home Affairs reported that some prisoners were growing food for themselves. The Board of Prison Force Production Agency is meant to ensure prisons have sufficient food supply from their own cultivation projects. Other prisoners, however, reported receiving no food from the prison authorities and relied solely on what family members provided.

Medical care was inadequate. The most common health problems were malaria, tuberculosis, HIV/AIDS, respiratory illnesses, and diseases related to poor sanitation. Prison dispensaries offered only limited treatment, and friends and family members of prisoners generally had to provide medications or the funds to purchase them. Transportation to referral health centers and hospitals was limited. In addition, requests for medical care were often met with bureaucracy which delayed prisoners’ access to health care. While doctors conducted routine checkups in the prison clinics, they did not have adequate testing equipment or medicine.

Administration: Judges and magistrates regularly inspected prisons and heard concerns from convicts and detainees. In addition, relatives of inmates made complaints to the Commission for Human Rights and Good Governance (CHRAGG), which investigated reports of abuse. The results of those investigations were not public.

On the mainland prisoners could submit complaints to judicial authorities. The CHRAGG also served as the official ombudsman. The union Ministry of Home Affairs’ Public Complaints Department and a prison services public relations unit responded to public complaints and inquiries regarding prison conditions sent to them directly or through media.

Prisoners and detainees usually had reasonable access to visitors and could worship freely, with some exceptions.

The law allows for plea agreements designed to reduce case backlogs and ensure timely delivery of justice as well as reduce inmate congestion. Terrorism and serious drug offenses are excluded, so prosecutors do not have discretion to entertain plea agreements in these types of cases.

Independent Monitoring: The law prohibits members of the press from visiting prisons. Generally, access to prisoners was difficult for outside organizations, and the process for obtaining access was cumbersome.

Improvements: According to its 2019 report, the Federal Parole Board continued to pardon prisoners as a means to reduce overcrowding, and 648 prisoners were paroled from 2016 to 2019. On April 26, President Magufuli pardoned 3,973 prisoners, in part due to COVID-19 concerns. A total of 3,717 prisoners were freed, while 256 prisoners who faced death sentences were given alternative sentences. There were examples in the reporting year where the Director of Public Prosecution acquitted pretrial prisoners who had not yet been convicted. The director can withdraw cases on the grounds of a lack of interest in the case or not enough evidence to proceed. In September, 147 were prisoners were acquitted, mostly youth. On May 20, twenty human rights groups, including Amnesty International and Human Rights Watch, wrote President Magufuli, praising efforts to reduce detainee populations but arguing that additional steps were necessary to protect prisoners from COVID-19.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, although regional and district commissioners have authority to detain a person for up to 48 hours without charge. This authority was used frequently to detain political opposition members or persons criticizing the government.

The law allows persons arrested or detained, regardless of whether on criminal or other grounds, the right to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained. The law requires, however, that a civil case must be brought to make such a challenge, and this was rarely done.

Arrest Procedures and Treatment of Detainees

On the mainland the law requires that an arrest for most crimes, other than crimes committed in the presence of an officer, be made with an arrest warrant based on sufficient evidence; however, authorities did not always comply with the law. Police often detained persons without judicial authorization. The law also requires that a person arrested for a crime, other than a national security detainee, be charged before a magistrate within 24 hours of arrest, excluding weekends and holidays, but authorities failed to comply consistently with this requirement. There were reports of police detaining individuals without charge for short periods on the orders of local authorities.

The law does not allow bail for suspects in cases involving murder, treason, terrorism, drugs, armed robbery, human trafficking, money laundering, other economic crimes, and other offenses where the accused might pose a public safety risk. In 2019 Dickson Paulo Sanga challenged nonbailable offenses as unconstitutional. In May the High Court ruled that section 148(5) of the Criminal Procedure Act was unconstitutional because it violated rights to personal liberty and presumption of innocence. The decision was appealed by the government on the same day. In August the Court of Appeals overruled the High Court decision, declaring that nonbailable offenses were constitutional, and that detention pending trial was important for peace and order in the country. The Court of Appeals ruling disappointed human rights stakeholders, who claimed authorities held human rights actors and businesspersons under false money laundering charges. For example, two businessmen, Harbinder Seth who is the owner of Independent Power Tanzania Limited (IPTL) and James Rugemalira, CEO of VIP Engineering Company were charged at Kisutu Court in 2017 with economic sabotage. The case was still pending in court and they remained in jail.

In some cases, courts imposed strict conditions on freedom of movement and association when they granted bail. In the primary and district courts, persons reportedly sometimes bribed officials to grant bail.

The law gives accused persons the right to contact a lawyer or talk with family members, but police often failed to inform detainees of this right. Indigent defendants and suspects charged with murder or treason could apply to the registrar of the court to request legal representation. Prompt access to counsel was often limited by the lack of lawyers in rural areas, lack of communication systems and infrastructure, and accused persons’ ignorance of their rights. In addition, on March 19, authorities banned all visits to prisons due to COVID-19, including those by prisoners’ lawyers. Since authorities provided no alternative methods for detainees to contact attorneys, Human Rights Watch argued this ban sharply slowed resolution of ongoing cases. As a result, most criminal defendants were not represented by counsel, even for serious offenses being tried before a high court. The government often did not provide consular notification when foreign nationals were arrested and did not provide prompt consular access when requested.

The government conducted some screening at prisons to identify and assist trafficking victims imprisoned as smuggling offenders; however, screenings were not comprehensive, potentially leaving some trafficking victims unidentified in detention centers. In June and July 2019, at the requests of the Ethiopian embassy, the International Organization for Migration (IOM) verified 1,354 Ethiopians in 27 prisons in 20 regions. Among the migrants were one woman and 219 minors. Between January 2015 and June 2019, the IOM provided assisted voluntary returns for 1,406 Ethiopian irregular migrants. The Ethiopians who remained in prison were either in pretrial detention (“remanded”), convicted, or postconviction but not released because of a lack of funds to deport them.

Arbitrary Arrest: By law the president may order the arrest and indefinite detention without bail of any person considered dangerous to the public order or national security. The government must release such detainees within 15 days or inform them of the reason for their continued detention. The law also allows a detainee to challenge the grounds for detention at 90-day intervals. The mainland government has additional broad detention powers under the law, allowing regional and district commissioners to arrest and detain anyone for 48 hours who is deemed to “disturb public tranquility.”

In July 2019 plainclothes police officers arrested investigative journalist and government critic Erick Kabendera and did not inform him of the charges. Initially, police did not inform his family to which police station he was taken. After seven days in detention, Kabendera was charged with money-laundering offenses. In February, Kabendera was released after agreeing to a plea deal. Kabendera was convicted on tax evasion and money laundering charges and he was fined 273 million Tanzanian shillings (TZS) ($118,000).

In December 2019 human rights lawyer Tito Magoti and his colleague Theodore Giyani, both working for the Legal and Human Rights Center, were arrested by plainclothes police officers after they tweeted support for vocal government critics. Following a public outcry, police admitted that they had arrested Magoti and Giyani. The accused were arraigned in Dar es Salaam in December 2019 and charged with money laundering, a nonbailable offense. Amnesty International and other human rights organizations called for their immediate and unconditional release in January, but at the end of the year the two remained in prison in pretrial detention.

Pretrial Detention: Arrests often preceded investigations, and accused persons frequently remained in pretrial detention–known as “remand”–for years before going to trial, usually with no credit for pretrial confinement at the time of sentencing. There is no trial clock or statute of limitations. Prosecutors obtained continuances based on a general statement that the investigation was not complete. According to the Ministry of Home Affairs, approximately 50 percent of the prison population consisted of pretrial detainees. Detainees generally waited three to four years for trial due to a lack of judges, an inadequate judicial budget, and the lengthy time for police investigations.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, but many components of the judiciary remained underfunded, corrupt, inefficient (especially in the lower courts), and subject to executive influence. Judges and senior court officers are all political appointees of the president. The need to travel long distances to courts imposes logistical and financial constraints that limit access to justice for persons in rural areas. There were fewer than two judges per million persons. Court clerks reportedly continued to take bribes to open cases or hide or misdirect the files of those accused of crimes. Magistrates of lower courts reportedly occasionally accepted bribes to determine the outcome of cases. There were instances in which the outcomes of trials appeared predetermined by government. Authorities respected and enforced court orders.

Trial Procedures

The law provides for the right to a fair and public trial, but a weak judiciary often failed to protect this right. All trials are bench trials; there are no jury trials. Trials are not held continuously from start to finish. Instead, a trial may start, break for an indeterminate amount of time, and resume, perhaps multiple times. As a result, trials were often inefficient and could last for months or even years.

The law provides for the presumption of innocence, and the standard for conviction in criminal cases is “beyond a reasonable doubt.” Executive branch entities regularly accused political parties, civil society organizations, and international organizations of breaking the law and then demanded the accused clarify or defend their innocence. In most cases authorities informed detainees in detail of the charges against them once they had been taken to the police station. Charges were generally presented in Kiswahili or English with needed interpretation provided when possible. With some exceptions, criminal trials were open to the public and the press. Defendants have the right to be present at their trial. Courts that hold closed proceedings (for example, in cases of drug trafficking or sexual offenses involving juveniles) generally are required to provide reasons for closing the proceedings. In cases involving terrorism, the law states that everyone, except the interested parties, may be excluded from court proceedings, and witnesses may be heard under special arrangements for their protection.

The law requires legal aid in serious criminal cases, although only those accused of murder and treason were provided with free representation. Most other defendants could not afford legal representation and represented themselves in court. Defendants in criminal cases are entitled to legal representation of their choice. Legal representation was unavailable to defendants without the means to pay. Nongovernmental organizations (NGOs) represented some indigent defendants in large cities, such as Dar es Salaam and Arusha. For example, the Tanganyika Law Society provides free legal services upon request because its lawyers are encouraged to take at least one pro bono case per year. The Legal and Human Rights Centre and Tanzania Human Rights Defense Coalition also have had legal defense mechanisms for human rights defenders.

In Zanzibar the government sometimes provided public defenders in manslaughter cases. The law prohibits lawyers from appearing or defending clients in primary-level courts whose presiding officers are not degree-holding magistrates. Human rights groups criticized cases where lawyers attempting to represent clients in sensitive cases were reportedly themselves threatened with arrest.

Authorities did not always allow detainees sufficient time to prepare their defense, and access to adequate facilities was limited. Defendants have the right to free interpretation as necessary from the moment they are charged through all appeals. Defendants or their lawyers have the right to confront prosecution witnesses and the right to present evidence and witnesses on the defendant’s behalf. Prosecutors, however, have no disclosure obligations in criminal cases, and often the defense does not know what evidence the prosecutor will rely upon when the trial begins. Defendants were not compelled to testify or confess guilt.

All defendants charged with civil or criminal matters, except parties appearing before Zanzibari qadi courts (traditional Muslim courts that settle matters of divorce and inheritance), could appeal decisions to the respective mainland and Zanzibari high courts. All defendants can appeal decisions to the union Court of Appeal.

Judicial experts criticized the practice of police acting as prosecutors because of the risk police might manipulate evidence in criminal cases. The mainland Ministry of Constitutional and Legal Affairs continued hiring and training state prosecutors to handle the entire mainland caseload, although staffing shortages continued.

Political Prisoners and Detainees

There were reports of political detainees. Several opposition politicians and individuals critical of the government were arrested or detained during the year. These individuals were usually charged with sedition, incitement, or unlawful assembly. There was an unknown number of political prisoners, but according to opposition leaders and NGOs, there were at least 300 opposition activists and supporters who were detained or abducted on the mainland and about 150 in Zanzibar prior to and after the elections. The persons were given the same protections as other detainees, although the government often threatened to charge opposition leaders with nonbailable offenses.

For example, following the October 28 general election, members of the opposition parties, including some opposition leaders, were arrested. While some were subsequently released, there were still opposition party members in detention on November 6. There were also supporters of the opposition who were arrested, brought to prisons outside of Dar es Salaam, and who were still being held without bail.

For example, two opposition members of parliament (MPs), Freeman Mbowe and Esther Matiko of the opposition Party of Democracy and Development (CHADEMA), served four months in jail after the court revoked their bail in 2018. The High Court of Dar es Salaam upon appeal, however, ruled the bail revocation was invalid, and they were released in March 2019. Mbowe and Matiko were part of a group of nine CHADEMA members who were charged in 2018 with 11 crimes, including conspiracy, sedition, and inciting the commission of offenses. In March all nine CHADEMA leaders were found guilty of sedition and fined TZS 350 million ($150,000) or a five-month jail term. CHADEMA supporters fundraised and paid the fines of all the leaders.

On November 1, three CHADEMA leaders were arrested for planning postelection protests in Dar es Salaam. The three leaders were Freeman Mbowe, CHADEMA’s national chairman, Godbless Lema, former Arusha urban MP, and Boniface Jacob, former mayor of Ubungo. On November 3, Zitto Kabwe, party leader of ACT-Wazalendo was also arrested briefly on the same charges as the three CHADEMA leaders. On November 3, all four opposition leaders were released on bail without any charges.

Civil Judicial Procedures and Remedies

Persons may bring civil lawsuits seeking damages for or the cessation of human rights violations and can appeal those rulings to the Court of Appeal on the mainland and other regional courts. Civil judicial procedures, however, were often slow, inefficient, and corrupt. In December 2019 the government withdrew the right of individuals and NGOs to file cases directly against it at the Arusha-based African Court on Human and Peoples’ Rights. This meant that individuals and organizations with observer status were no longer able to bring complaints to the African Court on Human and Peoples’ Rights.

The East African Court of Justice (EACJ) has been a preferred route to bring human rights cases because it admits cases and eases the burden on local courts. For example the case concerning the 2017 government-led evictions of villagers in Loliondo was brought before the EACJ in September 2018; the EACJ ruled in the villagers’ favor. The implementation of this ruling, however, has yet to take place. According to a witness, individuals were beaten daily when they brought their cattle through the buffer zone to reach grazing lands.

Civil society organizations (CSOs) and politicians relied on the courts for challenges to government decisions. For example, in May 2019 the High Court of Dar es Salaam annulled the constitutional provision that empowered presidential appointees to supervise elections. This was significant because 80 percent of the supervising officials belonged to the ruling party. At first, this indicated the court provided an avenue to contest the ruling party, but the outcome of the decision was not upheld. In addition, in October 2019 the Court of Appeal, the country’s highest court, overturned the earlier High Court decision.

On June 10, parliament passed amendments to the Basic Rights and Duties Enforcement Act to restrict public interest lawsuits by limiting the ability of groups to challenge a law or policy that allegedly violates the constitution’s bill of rights. The restriction appeared to be aimed at stopping groups from filing purely public interest litigation without showing harm to an accuser. The amendment also provided broad immunity from civil and criminal cases to top government officials, including the president, vice president, prime minister, speaker, and chief justice.

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

The law generally prohibits such actions without a search warrant, but the government did not consistently respect these prohibitions. While only courts may issue search warrants, the law also authorizes searches of persons and premises without a warrant if necessary to prevent the loss or destruction of evidence or if circumstances are serious and urgent. The owners of social online platform Jamii Forums faced a court case for allegedly preventing a police force investigation, in violation of the law. Police had no search warrant but still requested the IP addresses of the platform’s users. The owners claimed that this request was a breach of privacy. In April the Dar es Salaam court sentenced the owners to pay a fine of three million TZS ($1,300) or face one year in prison. The owners paid the fine and immediately filed a notice of intent to appeal the case.

The law relating to terrorism permits police officers at or above the rank of assistant superintendent or in charge of a police station to conduct searches without a warrant in certain urgent cases, but there were no reports these cases occurred.

It was widely believed government agents monitored the telephones and correspondence of some citizens and foreign residents. The nature and extent of this practice were unknown, but due to fear of surveillance, many civil society organizations and leaders were unwilling to speak freely over the telephone. In July former deputy minister of good governance Mary Mwanjelwa’s telephone conversation with one of her supporters was recorded and leaked. However, it was not reported who recorded the conversation.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech but does not explicitly provide for freedom of the press. There were criminal penalties for libel, and authorities used these laws to stifle freedom of expression. Additionally, government attacks on human rights defenders and the arrest of opposition leaders calling for peaceful, democratic protests were restrictions on freedom of assembly and association. These rights have been further severely limited through a number of formal (legislative, regulatory) and informal (executive, government, and police statements) actions. These include the Written Laws (Miscellaneous Amendments) Act, No. 3 of 2020, which curtailed the ability of citizens to bring suit against government legislative or executive action unless an individual can prove the action has affected him or her personally, effectively outlawing public interest litigation.

Freedom of Speech: Public criticism of the government resulted in punitive action in some cases. Authorities used the Cybercrimes Act to bring criminal charges against individuals who criticized the government on a variety of electronic media.

On April 24, journalist Prince Bagenda was arrested for sedition for writing a book tentatively titled Magufuli Personification of Power and the Rise of Authoritarianism. He was detained for six days before being released on bail. His laptop was seized and not returned. He had to report to police headquarters every Monday as a condition of his bail.

On May 29, Zitto Kabwe, leader of the ACT-Wazalendo party, who has frequently been arrested for being critical of the government, was found guilty of sedition and incitement for having made false statements that 100 persons were killed in his home region in 2018 during clashes between herders and police forces. He was released without sentencing under the condition that he not say or write anything potentially seditious for one year.

On July 14, the Registrar of Societies under the Ministry of Home Affairs instructed all societies–specifically religious institutions–to stop engaging in politics, and threatened legal action and deregistration if they did not comply. Minister of Home Affairs Simbachawene also warned that he would not hesitate to deregister religious organizations. At the time, some pointed to this as a way to prevent religious institutions from participating in election observation. However, none of the religious institutions was accredited as observers anyway (see also section 3, Elections and Political Participation). Many religious institutions have viewed election observation as a longtime priority (see also section 1.b., Disappearance).

Freedom of Press and Media, Including Online Media: Independent media on the mainland were active and generally expressed varying views, although media outlets often practiced self-censorship to avoid conflict with the government. The government often utilized COVID-19 as a means to restrict freedom of speech and freedom of expression.

Registering or licensing new print and broadcast media outlets was difficult. Newspaper registration was at the discretion of the registrar of newspapers at the information ministries on both the mainland and Zanzibar. Acquiring a broadcasting license from the Tanzania Communications Regulatory Authority (TCRA) took an estimated six months to one year, and the TCRA restricted the area of broadcast coverage. The TCRA imposes registration and annual fees for commercial and community radio stations which disadvantage the creation and operation of small community radio stations.

On April 13, the TCRA suspended the newspaper Mwananchis online license for six months and fined it five million TZS ($2,100) for allegedly violating the Electronic and Postal (Online Content) Regulations of 2018 by publishing false and misleading news. The newspaper had published a video of President Magufuli buying fish at a market, apparently not complying with social distancing and COVID-19 regulations.

On June 23, the Information Services Department, which registers print media, announced it would revoke the Swahili newspaper Tanzania Daimas distribution and publication license as of June 24. The government alleged Tanzania Daima had violated journalistic ethics and laws, including spreading false information. Tanzania Daima is associated with the opposition politician Freeman Mbowe. The newspaper had just published a front-page article concerning a local bishop who called for peaceful protests to demand an independent electoral commission.

On August 6, the TCRA summoned Mwanza-based Radio Free Africa and demanded an explanation of why Radio Free Africa ran a BBC-produced interview with opposition party CHADEMA presidential candidate Tundu Lissu on July 29 without pursuing the government’s position on some of Lissu’s criticisms. Just days later, new rules were issued that required TCRA approval of all local radio and television outlet agreements with domestic and foreign content providers and required TCRA presence at meetings between foreign and domestic media representatives. Local television and radio outlets with existing agreements with foreign content providers were given seven days to comply.

All broadcast stations are required to receive approval from the Tanzania Film Board for locally produced content, including music videos, films, cartoons, and other video content. In June the government passed an amendment to the Films and Stage Plays Act (Amendment 3), providing the Tanzania Film Board with the authority to regulate, monitor and determine if foreign and local motion pictures, television shows, radio shows, and stage performances are approved for exhibition.

The government of Zanzibar controlled content on the radio and television stations it owned. There were government restrictions on broadcasting in tribal languages, and broadcasts in Kiswahili or English were officially preferred. The nine private radio stations on Zanzibar operated independently, often reading the content of national dailies, including articles critical of the Zanzibari government.

Violence and Harassment: Authorities attacked, harassed, and intimidated journalists during the year. Journalists and media outlets frequently self-censored to avoid government retribution.

On July 2, the TCRA Content Committee suspended Maria Sarungi’s Kwanza Online TV platform for 11 months for allegedly generating and disseminating biased, misleading, and disruptive content after reporting on a health alert by an embassy. According to TCRA Content Committee Vice-Chairperson Joseph Mapunda, Kwanza Online TV’s Instagram page posted COVID-19 stories that contradicted the government’s official reporting. Kwanza Online TV submitted a response on July 3 to the Ethics Committee arguing that it is the duty of the government to respond to anything misleading that could be in the embassy’s alert. On July 9, Kwanza Online TV announced its intention to appeal the suspension.

Censorship or Content Restrictions: The law authorizes police to raid and seize materials from newspaper offices and authorizes the minister of information to “prohibit or otherwise sanction the publication of any content that jeopardizes national security or public safety.”

According to Reporters without Borders, after President Magufuli came to office in 2015 the laws regulating media tightened and there have been cases of newspapers and radio stations being suspended for “incitement.” The TCRA publicized a mobile number and email address for the public to use for reporting all misleading information concerning COVID-19, and encouraged citizens to share screen shots of social media groups discussing the pandemic. While combatting the considerable amount of conspiracy theory and misinformation surrounding COVID-19 may have had good intentions, over time the TCRA used the Cyber Crimes Act to punish critics of the government’s handling of COVID-19 and those sharing COVID-19 information contrary to the tightly controlled government information on COVID-19.

In August the government banned all local media outlets from broadcasting foreign content without official permission. The new regulation requires local media organizations to submit their agreements with foreign media outlets to the authority within seven days and prohibits meetings between local and international media representatives without government authorities present. These regulations had a chilling effect on local broadcasts, with Voice of America, BBC, and Deutsche Welle reporting that media outlets throughout the country quickly stopped airing their content, although most stations resumed broadcasting after a week. On August 14, the TCRA announced it was placing four local radio stations (Radio Free Africa, Radio One, Radio Abood, and CG FM Radio) under close monitoring for violating broadcasting regulations after airing the BBC interview with Lissu.

On August 27, the TCRA suspended Clouds TV and Radio operations for seven days for violating television broadcasting regulations when they reported election candidates’ nominations that were uncontested and without certification from the National Electoral Commission (NEC). NEC Director for Elections Wilson Mahera warned media not to report unofficial election nomination results. On September 11, the TCRA banned Watafi FM from broadcasting for 7 days for allegedly broadcasting abusive language.

Authorities require a permit for reporting on police or prison activities, both on the mainland and in Zanzibar, and journalists need special permission to cover meetings of the National Assembly or attend meetings in the Zanzibar House of Representatives. Anyone publishing information accusing a Zanzibari representative of involvement in illegal activities is liable to a monetary fine, three years’ imprisonment, or both. The government may fine and suspend newspapers without warning.

There were examples of the government repressing information, extending to online newspapers and journals. Many government officials did not provide access to information for fear of sharing information that had not been approved by the National Bureau of Statistics. In June 2019 parliament lifted some restrictions on publishing statistical information and removed the threat of prison for civil society groups if they published independent statistical information. The law now allows individuals and organizations to conduct surveys and collect research data; however, Amnesty International stated that under the new law, authorities still maintain control over who is able to gather and publish information, as well as to determine what is factual. While the World Bank stated the amended law was in line with international norms, many observers continued to self-censor because of possible personal and professional repercussions, including the government’s ability to use media services and cybercrime acts against individuals who publish or share data that does not align with the government’s messaging.

Libel/Slander Laws: The law provides for arrest, prosecution, and punishment for the use of seditious, abusive, or derogatory language to describe the country’s leadership. The law makes defamation a criminal act. Defamation is defined as any matter likely to injure the reputation of any person by exposing him to hatred, contempt, or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation.

In May authorities arrested and detained prominent comedian Idris Sultan for eight days before charging him on May 29 with “failure to register a SIM card previously owned by another person” and “failure to report change of ownership of a SIM card.” Police claimed that Idris had used the internet to harass the president after Idris had posted a video of himself laughing at the president in an ill-fitting suit. Amnesty International called the charges “politically motivated” and stated the government was trying to criminalize humor.

On October 2, authorities suspended campaign operations of CHADEMA presidential candidate Tundu Lissu for ethics violations after he reportedly used “seditious language” towards President Magufuli after Lissu accused Magufuli of attempting to rig the October 28 elections.

Internet Freedom

The government restricted access to the internet and monitored websites and internet traffic. In July the TCRA introduced new categories for online content licenses for news, educational, religious, and entertainment content, which widely expanded the scope of required license holders. The new categories require applicants for online content services, such as bloggers and persons operating online forums, to obtain licenses specifying a category of license depending on the content being offered. In addition, all online content providers must pay application and licensing fees totaling more than two million TZS ($870) in initial costs. Licenses are valid for three years, must be renewed annually for one million TZS ($435), and can be renewed upon expiration. Prohibitive costs led some citizens to stop blogging or posting content on online forums, including international social media platforms.

Under the regulations, internet cafes must install surveillance cameras to monitor persons online. Online material deemed “offensive, morally improper” or that “causes annoyance” is prohibited, and those charged with violating the regulations face a substantial monetary fine or a minimum sentence of 12 months in prison. The law criminalizes the publication of false information, defined as “information, data or facts presented in a picture, texts, symbol, or any other form in a computer system where such information, data, or fact is false, deceptive, misleading, or inaccurate.” Individuals who made critical comments on electronic media about the government were charged under the law, even when remarks reflected opinions or were factually true.

On January 21, police in Dodoma arrested Mugaya Tungu, a second-year student at the University of Dodoma, for cybercrimes. He allegedly posted on social media a photo of a long line of students waiting for water at the university campus.

On April 11, police in Shinyanga arrested Mariam Jumanne Sanane for cybercrimes for allegedly posting false information regarding COVID-19 on social media. On April 14, another person was arrested in Kilimanjaro for alleged cybercrimes after reporting on COVID-19 numbers. As of October, Sanane was awaiting trial.

In the days leading up to the October 28 elections, the internet slowed down and popular social media sites including Twitter, WhatsApp, Facebook, and YouTube were either blocked or rendered unusable, preventing the free flow of information. The TCRA also blocked bulk SMS messaging in the lead-up to the elections until November 11.

Academic Freedom and Cultural Events

In June 2019 parliament passed amendments to the law that previously had required individuals and organizations to obtain permission from the National Bureau of Statistics before conducting surveys, collecting research data, or publicizing results. The amendment removes the threat of prison for civil society groups if they publish independent statistical information. It also states persons have the right to collect and disseminate statistical information, and puts a system in place for persons who want to access or publish national data. (See also section 2.a., Freedom of Press and Media, Including Online Media.) Researchers were still required to obtain permission to conduct and publish research. There was a degree of self-censorship due to the government’s lack of tolerance for criticism.

b. Freedoms of Peaceful Assembly and Association

Freedom of Peaceful Assembly

The government restricted freedom of peaceful assembly, including through bans decreed by authorities but not supported by law. For example, in June 2016 the government banned political parties from organizing political activities and rallies until the campaign schedule for the October 28 elections was announced in August. The government requires organizers of political rallies to obtain police permission. Any organizing of demonstrations or rallies online is prohibited. Police may deny permission on public safety or security grounds or if the permit-seeker belongs to an unregistered organization or political party. The government and police limited the issuance of permits for public demonstrations and assemblies to opposition political parties, NGOs, and religious organizations. The only allowable political meetings are by MPs in their constituencies; outside participants, including party leaders, are not permitted to participate. The government restricted nonpolitical gatherings deemed critical of the government.

Prior to the beginning of the election season in August, the ruling Revolution Party (CCM) was the only party allowed to conduct public rallies on a regular basis. It used the umbrella of the implementing party manifesto to inform members when it was time to register to vote.

The opposition party rallies were not only shut down but police also used teargas to disperse CHADEMA gatherings on numerous occasions. For example, on September 28, police in the Mara region used teargas to disperse a crowd that had gathered to support CHADEMA presidential candidate Tundu Lissu as his motorcade passed by en route to an official campaign event.

On January 14, police briefly detained popular Zanzibar opposition leader Seif Sharif Hamad and questioned him concerning alleged illegal assembly in December 2019. He was later released.

On February 29 in Kilimanjaro, police arrested CHADEMA chairman Freeman Mbowe shortly after his political rally at Nkoromu Hai, for allegedly not obtaining a permit. He was later released.

On June 23 in Kilwa, police arrested ACT-Wazalendo party leader and MP Zitto Kabwe and five others for illegal assembly while they attended an internal party meeting. They were later transferred to Lindi and released on bail. At the end of the year, the case was ongoing.

On July 22, ACT-Wazalendo party representatives reported that police arrested 14 party members in Masasi, Mtwara, for attending an internal party meeting. The meeting was led by ACT Chair Seif Sharif Hamad, who departed the meeting before the arrests.

In the aftermath of the elections, the government arrested opposition leaders in both the mainland and on Zanzibar. On November 1 and 2, several opposition leaders and members were arrested after calling for peaceful democratic protests in opposition to the October 28 elections. Some of those arrested included CHADEMA chairman Freeman Mbowe, CHADEMA presidential candidate Tundu Lissu, ACT-Wazalendo leader Zitto Kabwe, along with other prominent opposition leaders and members throughout the country. The protests never manifested.

On Zanzibar several ACT-Wazalendo leaders, including Zanzibar presidential candidate Sharif Seif Hamad and Deputy Secretary General of Zanzibar Nassor Mazrui were arrested after calling for peaceful protests. Some ACT-Wazalendo leaders were reportedly beaten by police after they were arrested. There were also reports of heavily armed security forces patrolling the streets to stop any protests. In Pemba, the smaller of the two main islands that make up Zanzibar, there were reports of a full security lockdown, with some reports of widespread violence, including gender-based violence. Pemba was also reportedly subject to a complete internet blackout while the lockdown was in place.

Freedom of Association

The constitution provides for freedom of association, and the government generally respected this right. Thousands of NGOs and societies operated in the country. Political parties were required to register and meet membership and other requirements. Freedom of association for workers was limited (see section 7.a.).

According to the Legal and Human Rights Center (LHRC) and the International Center for Not-for-Profit Law, the freedom of association for NGOs has been jeopardized by the law, which reduces the autonomy of NGOs and provides for excessive regulation of the NGO sector. The registrar stated that the process of deregistering underscored the need for NGOs to comply with the law and provide transparency and accountability in their activities. Under existing law, however, the registrar of NGOs is granted sweeping powers to suspend and deregister NGOs, leaving loopholes that could be used to obstruct political opposition and human rights NGOs.

The law makes a distinction between NGOs and societies and applies different registration procedures to the two. It defines a society as any club, company, partnership, or association of 10 or more persons, regardless of its purpose, and notes specific categories of organizations not considered societies, such as political parties. The law defines NGOs to include organizations whose purpose is to promote economic, environmental, social, or cultural development; protect the environment; or lobby or advocate on topics of public interest. Societies and NGOs may not operate until authorities approve their applications.

In May the minister of home affairs stated that from July 2019 to March the Registrar of Societies received 248 registration applications, 156 from religious institutions and 92 from CSOs. The registrar registered 71 applications, three were disqualified as they did not meet the registration criteria, and 174 were still working on their applications. NGOs in Zanzibar apply for registration with the Zanzibar Business and Property Registration Agency. While registration generally took several weeks, some NGOs waited months if the registrar determined additional research was needed.

In September an official from the Zanzibar office of the Tanzania Media Women Association said registering NGOs was still a problem in Zanzibar. This official also said authorities continued to interfere with the affairs of NGOs. NGOs were forced to change wording in their constitutions to get registered, and some NGOs were blacklisted, deregistered, or had their operations withheld.

During the year the NGO registrar sought to deregister at least 250 NGOs. In August the government froze the bank accounts of the Tanzanian Human Rights Defenders Coalition and arrested its director, Onesmo Olengurumwa, and has actively sought to suspend or prevent the functioning of several others–including the NGO Inclusive Development for Change, and on Zanzibar, the Centre for Strategic Litigation (see also section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

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.

In-country Movement: Refugees are confined to camps. The government limited refugee movement and enforced its encampment policy more strictly during the year, including the arrest of refugees caught moving outside the camps without official permission. With permits more difficult to obtain and livelihood opportunities inside the camps heavily constrained, refugees who left the camps in search of work were apprehended by police and arrested. Usually these persons were prosecuted and sentenced in local courts to six months’ detention or payment of a fine.

Foreign Travel: During the election, several opposition political leaders were blocked from leaving the country. Immigration officers blocked Godbless Lema (the former CHADEMA MP from Arusha) from leaving the country, alleging that he had committed economic crimes and that he lacked proper travel documentation. He later escaped using informal routes to Kenya and was granted political asylum in Canada. Another CHADEMA leader, Lazaro Nyalandu, was also blocked from crossing into Kenya at the Namanga border. Opposition presidential candidate Tindu Lissu, due to fear for his life and of being arrested, sought refuge in the German embassy and later moved to Belgium. Some opposition leaders were unable to travel out of the country without permission from police, due to ongoing investigations against them.

e. Status and Treatment of Internally Displaced Persons

There were no reports of large numbers of internally displaced persons.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) regarding treatment of internally displaced persons, refugees, asylum seekers, and stateless persons along the western border. The government did not grant UNHCR access to the southern border to assess the status of refugees entering from Mozambique.

Despite government assurances that its borders remained open to refugees, authorities closed the borders to new refugee arrivals from the Democratic Republic of the Congo and Burundi. In 2018 the government withdrew from the UN’s Comprehensive Refugee Response Framework, announced it would no longer provide citizenship to Burundian refugees, and stated it would encourage refugees to return home. At that time the government assured UNHCR it would respect the choice of refugees on whether to return to their country of origin. While nearly 88,000 Burundian refugees have been repatriated since September 2017, there were numerous accounts of refugees facing intimidation or pressure by Tanzanian authorities to return home. UNHCR was concerned about validating the voluntariness of the returns. Some refugees who were pressured into returning to Burundi became refugees in other countries or returned to Tanzania. In November, Human Rights Watch released a report documenting at least 18 cases between October 2019 and August of Burundian refugees being forcibly disappeared, abused, and arbitrarily detained by police and intelligence services. Victims reported to Human Rights Watch that authorities detained them in rooms with no electricity or windows, hung them from the ceilings by their handcuffs, gave them electric shocks, rubbed their faces and genitals with chili, and beat and whipped them.

The government suspended livelihood options for refugees by closing businesses operating inside the camps and common markets outside the camps where refugees and the surrounding communities could exchange goods. According to NGOs working in the camps, there was an increase in gender-based violence and other problems due to the loss of livelihoods.

There were reports of refugees found outside the camps being detained, beaten, abused, raped, or killed by officials or citizens.

Sex- and gender-based violence against refugees continued, including allegations against officials who worked in or around refugee camps. UNHCR worked with local authorities and residents in the three refugee camps to strengthen coordination and address violence, including sexual violence, against vulnerable persons. The public prosecutor investigated, prosecuted, and punished perpetrators of abuses in the camp, while international NGOs provided assistance to the legal team when requested by a survivor. Local authorities and the public prosecutor handled most cases of refugee victims of crime and abuse outside the camp. Residents of the refugee camps suffered delays and limited access to courts, common problems also faced by citizens.

Refoulement: The government closed the last of the country’s official refugee reception centers in 2018, and during the year there were credible reports of push backs at the border as well as instances of obstructions to access for Congolese and Burundian asylum seekers following requests for international protection. In addition, the Burundian refugees who had been assisted by UNHCR during the year to return voluntarily to Burundi, but were forced to flee again and seek asylum for a second time, were unable to register with authorities. This prevented them from being able to access humanitarian assistance or basic services.

There were reports of refugees from Mozambique seeking asylum who were returned without access to UNHCR assessments of the voluntariness of the returns.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees. The National Eligibility Committee is required to meet regularly and make determinations on asylum applications. In December the committee conducted interviews in Dar es Salaam with asylum seekers for the first time since 2018. The rejection rate was 80 percent, but some families were recognized as refugees. The last session of the committee was held in the camps in 2018, at which point the rejection rate was 100 percent.

Despite the government’s strict encampment policy, authorities continued to permit a small population of asylum seekers and refugees to reside in Dar es Salaam. This group consisted principally of persons in need of international protection arriving from countries that are not contiguous, as well as individuals with specific reasons for being unable to stay in the refugee camps in the western part of the country. While access to formal employment opportunities remained limited for urban refugees, they did enjoy access to government health services and schools. UNHCR intervened in cases of irregular migrants in need of international protection following their arrest by authorities in Dar es Salaam or other urban centers to ensure that the migrants had access to national asylum procedures and were protected from forced return to their country of origin.

Safe Country of Origin/Transit: No policy for blanket or presumptive denials of asylum exists for applicants arriving from a “safe country of origin” or through a “safe country of transit.” All asylum applications are evaluated individually. The law provides that, unless the transit country is experiencing a serious breach of peace, an asylum claim can be refused upon failure to show reasonable cause as to why asylum was not claimed in the transit country prior to entry into the country.

Freedom of Movement: Refugees apprehended more than 2.5 miles outside their camps without permits are subject by law to sentences ranging from a fine up to a three-year prison sentence. Policy restrictions limiting refugee freedom of movement and access to livelihoods left the refugee population almost totally dependent on humanitarian assistance and vulnerable to a range of protection risks, including sexual and gender-based violence. Interpartner violence continued to be reported as the leading category of sexual and gender-based violence, accounting for approximately 75 percent of incidents. Observers attributed this level of violence to the difficult living conditions in refugee camps, split-family decisions resulting from government pressure to return to their countries of origin; substance abuse; closure of larger markets, which undermined women’s self-reliance; and restrictions on freedom of movement, which placed women and girls in a precarious situation when they left the camps to collect firewood and seek foods to diversify their family’s diet.

Employment: Even when refugees have official status, they generally are not able to work, especially in view of the country’s strict encampment policies.

Durable Solutions: During the year the government focused on repatriation and did not support local integration as a durable solution. The government maintained pressure on Burundian refugees to return to Burundi, promoting repatriation as the only durable solution for Burundian refugees. UNHCR continued to assist voluntary returns under the framework of a tripartite agreement between the governments of Burundi and Tanzania and UNHCR, stressing that conditions inside Burundi were not yet conducive for large-scale returns because many Burundian refugees remained in need of international protection. Nonetheless, the government increased pressure on Burundian refugees to sign up for returns. The government implemented measures to make life more difficult for refugees, including closing the shared refugee and host community markets in February and restricting camp exit permits.

According to the Ministry of Home Affairs, from July 2018 to March 2019 a total of 662 Burundian refugees repatriated voluntarily. According to UNHCR, nearly 88,000 Burundian refugees have returned to Burundi with assistance since 2017. The government granted 162,000 former Burundian refugees citizenship in 2014-15. During 2019, 1,350 refugees from the Democratic Republic of the Congo and 82 from other countries were resettled in other countries.

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, but it allows parliament to restrict this right if a citizen is mentally infirm, convicted of certain criminal offenses, or omits or fails to prove or produce evidence of age, citizenship, or registration as a voter. Citizens residing outside the country are not allowed to vote. The NEC is responsible for mainland and union electoral affairs, while the Zanzibar Electoral Commission manages elections in Zanzibar.

Elections and Political Participation

Recent Elections: The country held its most recent multiparty general election on October 28. Separate elections are held for the union and for Zanzibar, ordinarily on the same day, in which citizens of the two parts of the union elect local officials, members of the national parliament, and a union (national) president. Additionally, Zanzibar separately elects a president of Zanzibar and members of the Zanzibar House of Representatives.

International and local observers noted that the October 28 elections were marred with numerous credible reports of irregularities, along with internet and social media outages. There were reports of the NEC denying registrations for opposition candidates, who were also frequently harassed and even arrested. The CCM benefitted from superior financial and institutional resources. This was the first election where the Zanzibar Electoral Commission allowed two days of voting. The first day was reserved for government security forces, who reportedly needed to vote on October 27 in order to stand duty on October 28. The mainland did not enact a similar policy, and voting there took place only on October 28.

In the lead-up to the national elections, the NEC was selective regarding approving credentials for organizations to provide election observers and voter education programs. Many asserted this represented a politicization of the accreditation process, whereby the government used the process to deny credentials to legitimate, experienced, and resourced domestic observer groups while approving observers without the resources, capacity, or reach to monitor the election effectively. Some organizations who were denied credentials appealed the decision to the commission, but ultimately were not accredited.

On August 25, the nomination day for candidates, 1,000 opposition candidates for parliament and councilor seats were disqualified. Many of the candidates appealed this ruling to the NEC, resulting in the reinstatement of 67 opposition candidates for parliament and 236 opposition candidates for ward council seats. Despite these reinstatements, 28 ruling party parliamentary candidates ran for their seats unopposed (equivalent to 10 percent of all constituencies), and 870 councilor seats were won unopposed (21.9 percent of ward seats).

On October 28, the country held its sixth multiparty general election, resulting in the reelection of the union president, John Magufuli, with 85 percent of the vote, and the election of Dr. Hussein Mwinyi, with 76 percent of the vote, for his first term as president of Zanzibar. International and local election observers and civil society noted widespread election irregularities in the pre-election period, on election day, and in the postelection period which affected the credibility of the electoral process. In the lead-up to the election, opposition candidates were routinely disqualified, harassed, and arrested. There were reports of significant and widespread voting irregularities, internet disruptions, intimidation of journalists, arrests, and violence by security forces both on the mainland and on Zanzibar resulting in an election that was neither free nor fair.

Local elections in November 2019 were widely criticized for a lack of fairness and credibility after thousands of opposition party candidates were disqualified from running. With most domestic observer groups banned from monitoring, and a widespread opposition boycott, the ruling party CCM claimed to have won 99.7 percent of the contests, ensuring nearly complete control at the local level.

In June 2019 the speaker of parliament removed opposition CHADEMA MP Tundu Lissu for absenteeism and failing to submit required disclosure statements in a timely manner. Lissu survived an attempt to kill him in 2017 and was abroad until July for medical care. The court dismissed Lissu’s challenge to his removal, and a CCM member was sworn in on September 3, 2019, to represent Lissu’s constituency. In August, Lissu became CHADEMA’s candidate for president.

In October 2019 the Court of Appeal overturned a May 2019 decision by the High Court of Dar es Salaam to prohibit district executive directors from supervising elections on the grounds that their supervision violates a constitutional ban on political parties from running elections. District executive directors are presidentially appointed to act as the secretary of district councils, and many are active members of the ruling CCM party.

Political Parties and Political Participation: The constitution establishes the country as a multiparty democracy and requires that persons running for office represent a registered political party. The law prohibits unregistered parties. There are 19 political parties with full registration and three with provisional registration. In the October election, 17 parties participated. To secure full registration, parties must submit lists of at least 200 members in 10 of the country’s 31 regions, including two of the five regions of Zanzibar.

The registrar of political parties has sole authority to approve registration of any political party and is responsible for enforcing regulations. In February 2019 an amendment of the Political Parties Act expanded the registrar’s powers, a move opposition MPs asserted would cement one-party rule. Under the amended act, the registrar may prohibit any individual from engaging in political activities and request any information from a political party, including minutes and attendee lists from party meetings. During the year, the political opposition faced difficulty forming a coalition due in part to the Political Parties Act requirement that all minutes, areas of agreement, and strategic plans be shared with the registrar of political parties.

The law requires political parties to support the union between Tanganyika (mainland Tanzania) and Zanzibar; parties based on ethnic, regional, or religious affiliation are prohibited.

MPs were sanctioned for criticizing the government, including in speeches on the floor of parliament.

The law provides for a “gratuity” payment of 235 million TZS to 280 million TZS ($102,000 to $121,000) to MPs completing a five-year term. Incumbents can use these funds in re-election campaigns. Several NGOs and opposition parties criticized this provision as impeding opposition parliamentary candidates from mounting effective challenges.

The mainland government allowed political opponents unrestricted access to media, but the ruling party had far more funding to purchase broadcast time.

The NEC updated the voter register in preparation for the October general elections. The law requires that voter registration drives be carried out twice every five years. The law, however, restricted political parties’ ability to offer civic education and outreach on voter registration and voting rights, as they had done in the past. With the mandate for providing voter education falling on NEC’s limited budget, combined with a rejection of foreign assistance, NEC issued accreditation for civic education to only 24 small and inexperienced CSOs. Since none of the accredited CSOs had the financial or technical capacity to carry out effective national voter education campaigns, few actual voter education messages reached citizens–especially during the voter registration period. In addition the NEC scheduled only seven days for registration in each region, a time frame stakeholders asserted was inadequate. Opposition parties asserted that widespread disenfranchisement resulted from a flawed voter registration process, especially on Zanzibar, where new Zanzibar identification requirements inserted political actors into the process and purportedly resulted in the disenfranchisement of as many as 80,000 voters on the island of Pemba.

There was political violence directed at opposition party members. On September 18, Deo Mosha, campaign manager of the opposition National Convention for Construction and Reform (NCCR) party, was wounded by knife-wielding assailants in Moshi. Other NCCR supporters were reportedly assaulted in Vunjo, the home constituency of James Mbatia, NCCR national chairman and MP candidate. One assault victim claimed that the perpetrators of this attack wanted her to pledge allegiance to the ruling party CCM but she refused.

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. Some observers believed cultural and financial constraints limited women’s participation in politics. There were special women’s seats in both parliament and the Zanzibar House of Representatives. Two women, Queen Sendinga of the Alliance for Democratic Change and Cecelia Mwanga of Demokrasia Makini, ran for president in October. There were also female running mates in five of the parties fielding presidential candidates. There were 21 women who won MP constituency seats on the mainland, including 19 from CCM. There were 94 CCM women who filled special seats. There are 20-22 seats that can be filled by CHADEMA.

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. There were numerous reports of government corruption during the year. Officials sometimes engaged in corrupt practices with impunity. President Magufuli took several high-profile steps to signal a commitment to fighting corruption. These included surprise inspections of ministries, hospitals, and the port of Dar es Salaam, often followed by the immediate dismissal of officials. Critics and observers claimed that President Magufuli used the anticorruption platform to go after those who opposed him.

Corruption: While efforts were being made to rein in corruption, it remained pervasive. The Prevention and Combating of Corruption Bureau (PCCB) reported that most corruption investigations concerned government involvement in mining, land, energy, and investments.

NGOs reported allegations of corruption involving the Tanzania Revenue Authority, local government officials, police, licensing authorities, hospital workers, and media.

On July 19, the PCCB director general, Brigadier General Mbungo, vowed to take legal action against political aspirants seeking financial support from businesses.

On August 13, the PCCB stated that it would allow the ruling CCM party to deal with corruption charges internally. Some civil society actors claimed that the PCCB acted as a political tool, seeking to leverage its role to harass and frustrate opposition political aspirants.

Corruption featured in newspaper articles, civil complaints, and reports of police corruption from the PCCB and from the Ministry of Home Affairs. In January the Minister of Home Affairs, Kangi Lugola, and the Fire and Rescue Brigade Commissioner General, Thobias Andengenye, were both fired for allegedly procuring fire and rescue equipment without authorization from the Ministry of Finance and Planning or approval from parliament. No legal action was taken against them.

The PCCB’s mandate excludes Zanzibar. In July 2019 the Zanzibar Anticorruption and Economic Crime Authority reported it had reduced corruption, citing one conviction and a pending investigation into corruption cases at the Ministry of Finance. As of September the Zanzibar Anticorruption Authority had filed 23 cases during the year at the High Court, among which seven cases garnered convictions. There were also approximately 100 pending files at the office of the director of public prosecution.

Financial Disclosure: Government ministers and MPs, as well as certain other public servants, are required to disclose their assets upon assuming office, annually at year’s end, and upon leaving office. The Ethics Secretariat distributes forms each October for collection in December. As of 2017, 98 percent of government leaders had submitted their forms to the secretariat (16,064 out of 16,339). When Tundu Lissu, former CHADEMA MP, was removed from his seat in June 2019, one of the reasons cited was that he did not file financial disclosure forms.

The president submitted his forms and urged other leaders to do the same. Although penalties exist for noncompliance, there was no enforcement mechanism or sufficient means to determine the accuracy of such disclosures. Information on compliance was considered sensitive and available only on request to the commissioner of the secretariat. Secretariat officials reportedly asked the individuals who failed to meet the deadline to show cause for the delay. Any declaration submitted or filed after the deadline must also explain the failure to observe the law. Asset disclosures are not public.

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

A variety of domestic and international human rights groups have generally operated without government restriction, investigating and publishing their findings on human rights cases. The overall climate for NGOs, however, has shifted in the last few years. Some international organizations have had delays in receiving work and residency permits. Some human rights NGOs complained of a negative government reaction when they challenged government practice or policy.

Many NGOs are concerned the government is using the NGO registration law passed in June 2019 to deregister NGOs that focus on human rights. In August 2019 the registrar of NGOs deregistered 158 NGOs for “unaccepted” behavior, alleging they were used for profit sharing and benefiting their members, which is outside the permitted NGO activities. In August the government froze the bank accounts of the Tanzanian Human Rights Defenders Coalition (THRDC) and arrested its director, Onesmo Olengurumwa. He was later released on bail. At the end of the year, the investigation of his case was ongoing. In the past, THRDC funded and trained many of the election-observer NGOs. The government actions against them created a void in the lead up to the elections, as many of the NGOs that were accredited did not have the needed expertise and guidance that THRDC usually provided.

In May 2019 the registrar of societies in the Ministry of Home Affairs issued a public notice requesting that all religious institutions and community-based organizations registered with the ministry verify their registration status, including all the required documentation. The countrywide process began with Dar es Salaam and the coastal regions in May and continued at year’s end. There are concerns about how the government can use this process to deregister organizations that make any statements related to human rights.

The United Nations or Other International Bodies: The government generally cooperated with visits from UN representatives, such as special rapporteurs, as well as those from UN specialized agencies such as the International Labor Organization or other international organizations (but not including NGOs) that monitor human rights.

Government Human Rights Bodies: The union parliamentary Committee for Constitutional, Legal, and Public Administration is responsible for reporting and making recommendations regarding human rights.

The CHRAGG operated on both the mainland and Zanzibar, but low funding levels and lack of leadership limited its effectiveness. The commission has no legal authority to prosecute cases but can make recommendations to other offices concerning remedies or call media attention to human rights abuses, violations, and other public complaints. It also has authority to issue interim orders preventing actions in order to preserve the status quo, pending an investigation. The CHRAGG also issued statements and conducted public awareness campaigns on several topics. These included the need for regional and district commissioners to follow proper procedures when exercising their powers of arrest, the need for railway and road authorities to follow laws and regulations when evicting citizens from their residences, and a call for security organs to investigate allegations of disappearances or abductions, including of journalists, political leaders, and artists.

In September 2019 President Magufuli appointed a CHRAGG chairman and five commissioners. Activists expressed concern that the CHRAGG was not acting independently nor holding the government accountable for human rights abuses.

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

Women

Rape and Domestic Violence: The law provides for life imprisonment for persons convicted of rape, including spousal rape during periods of legal separation. The law stipulates a woman wishing to report a rape must do so at a police station, where she must receive a release form before seeking medical help. This process contributed to medical complications, incomplete forensic evidence, and failure to report rapes. Victims often feared that cases reported to police would be made public.

The law prohibits assault but does not specifically prohibit domestic violence. Domestic violence against women remained widespread, and police rarely investigated such cases.

Authorities rarely prosecuted persons who abused women. Persons close to the victims, such as relatives and friends, were most likely to be the perpetrators. Many defendants who appeared in court were set free because of corruption in the judicial system, lack of evidence, poor investigations, and poor evidence preservation.

There were some government efforts to combat violence against women. Police maintained gender and children desks in regions throughout the country to support victims and address relevant crimes. According to a Ministry of Health, Gender, Elderly, and Children budget speech, police gender desks increased from 417 to 427 in the fiscal year ending June 30. In Zanzibar, at One Stop Centers in both Unguja and Pemba, victims could receive health services, counseling, legal assistance, and a referral to police. The LHRC released a statement that condemned an increase in gender-based violence within the community during COVID-19 restrictions.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C from being performed on girls younger than age 18, but it does not provide for protection to women ages 18 or older.

Prosecutions were rare. Many police officers and communities were unaware of the law, victims were often reluctant to testify, and some witnesses feared reprisals from FGM/C supporters. Some villagers reportedly bribed local leaders not to enforce the law in order to carry out FGM/C on their daughters. In 2019 the Ministry of Health reported that approximately 10 percent of women had undergone FGM/C. The areas with the highest rates of FGM/C were Manyara (58 percent), Dodoma (47 percent), Arusha (41 percent), Mara (32 percent), and Singida (31 percent).

Sexual Harassment: The law prohibits sexual harassment of women in the workplace. There were reports women were asked for sexual favors in return for promotions or to secure employment. According to the Women’s Legal Aid Center, police rarely investigated reported cases. Those cases that were investigated were often dropped before they got to court–in some instances by the plaintiffs due to societal pressure and in others by prosecutors due to lack of evidence. There were reports women were sexually harassed when campaigning for office, and one MP said that women MPs were subjected to sexual harassment frequently.

The LHRC released a report in 2018 stating female students were frequently sexually harassed in higher-learning institutions, a point reiterated by a professor at the University of Dar es Salaam in a 2019 tweet calling on President Magufuli to intervene because there were so many incidents of harassment on campus. In July police arrested an assistant lecturer from the University of Dodoma, Jacob Paul Nyangusi, for alleged sexual harassment of female students. He was released on bail and at the end of the year the case was ongoing. Another lecturer from the National Institute of Transport was sentenced for sexual assault. He paid a fine of five million TZS ($2,160).

On May 22, two special-seat female MPs from CHADEMA, Joyce Sokombi and Suzan Macele, held a press conference where they alleged that male CHADEMA leaders had sexually abused women during the nomination process. They did not disclose who had sexually abused women. The two MPs defected and joined the CCM. They did not file a police report. On May 23, Deputy Secretary of CHADEMA Benson Kigaila held a press conference where he denied all allegations. He added that the two women were CHADEMA MPs for five years and they had never complained. He claimed that when the two women lost in the intraparty nomination process, they decided to defect to the CCM, implying that was the impetus for their allegations.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health, but access to the information and means to do so was not free from discrimination, coercion, or violence.

Schools did not provide comprehensive sexuality education, and students reported they did not have adequate information to prevent pregnancy. In addition, many girls became pregnant as a result of rape. From March to June, 67 girls became pregnant in the Biharamula and Ngara districts in Kagera Region. According to an education officer, 32 of the girls were in secondary school and were automatically expelled from further studies because of their pregnancies.

Less than one-third of married women used modern contraceptives. Nearly one in four women would like to prevent pregnancy but lacked access to family planning. Reproductive conditions and levels of contraceptive use varied based on factors including education, income level, geographical area, and age. For instance, the fertility rate in rural areas is six children per woman and 3.8 in urban areas. Modern contraceptive use also varied geographically, from 51 percent of those currently married in the Southern Zone to 14 percent in Zanzibar. While 12 percent of adolescents have started having sexual relations by age 15, and 60 percent by 18, only 8.6 percent of adolescent girls between ages 15 and 19 used modern contraceptive methods. One in four adolescent girls between ages 15 and 19 were already mothers or ware pregnant with their first child. Of adolescents living in rural areas, 32 percent had a live birth or were pregnant, compared with 19 percent of those living in urban areas. Adolescence was associated with a high frequency of child marriage, insufficient knowledge about sexually transmitted infections, and restricted access to sexual and reproductive health services. Persons with disabilities (especially adolescents) had greater sexual and reproductive health needs than the general population due to lack of information, and greater exposure to sexual abuse and rape, HIV and sexually transmitted infections, and stigma. Access to sexual and reproductive health services was hindered by communication and environmental barriers, physical inaccessibility, and negative interaction with service providers including lack of confidentiality, mistreatment and disrespect, and inadequacy of service delivery.

Information was not available on government assistance to survivors of sexual violence.

From 2007 to 2015, maternal mortality increased from 454 to 556 per 100,000 live births. Only 57 to 68 percent of pregnant women delivered with a skilled birth attendant. A recent study conducted in Lindi and Mtwara regions in Southern Tanzania found that traumatic and nontraumatic postpartum hemorrhage (PPH) was the most common cause of maternal deaths: 51 percent of women died within 24 hours of delivery; 60 percent of those who died were ages 25 to 36; and 63 percent were lower-income rural inhabitants.

Despite government efforts to improve the availability and quality of postabortion services, women and girls who suffered complications avoided seeking treatment for fear of being prosecuted, and many health-care providers were not aware they are legally allowed to provide treatment and that women have the right to such service. More than 21,400 women had untreated obstructed fistula, a situation resulting in large part from deficiencies in the health system. Women attributed fistula development to negative experiences such as disrespectful maternity care. Multiple studies reported that women also perceived that their fistula resulted from prolonged wait times in the primary health-care facility due to nurses’ negligence and failure to make decisions to transfer them to a better prepared facility in a timely manner. Moreover, mothers reported persistent systematic barriers and dismissive institutional norms and practice, including poor communication, denial of husbands’ presence at birth, denial of mobility, denial of safe traditional practices, no respect for their preferred birth positions, and poor physical condition of facilities. Community stigma was another major factor that delayed women seeking obstetric fistula treatment.

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, including in employment, housing, education, and health care; however, the law also recognizes customary practices that often favored men.

While women faced discriminatory treatment in marriage, divorce, inheritance, and nationality, overt discrimination in education, credit, business ownership, and housing was uncommon. There are no legal restrictions on women’s employment in the same occupations, tasks, and working hours as men. Nevertheless, women, especially in rural areas, faced significant disadvantages due to cultural, historical, and educational factors.

Children

Birth Registration: Citizenship is derived by birth within the country or abroad if at least one parent is a citizen. Registration within three months of birth is free; parents who wait until later must pay a fee. Public services were not withheld from unregistered children. The Registration, Insolvency and Trusteeship Agency, in collaboration with the Tigo telecommunication company, facilitated birth registrations of more than 3.5 million children younger than age five over the last six years in 13 regions. The program is ongoing. As of August 12, they had registered 4.3 million children younger than age five in 16 regions. In Tanga and Kilimanjaro, Tigo provided 1,350 free smart phones to facilitate the registration process.

Education: According to law, primary education is compulsory and universal on both the mainland and Zanzibar until age 13. Secondary school is tuition-free in Zanzibar but is not compulsory. The ruling CCM party manifesto includes a policy to provide fee-free education for primary and secondary students. Parents must still provide food, uniforms, and transportation.

Girls represented approximately one-half of all children enrolled in primary school but were absent more often than boys due to household duties and lack of sanitary facilities. At the secondary level, child, early, and forced marriage and pregnancy often caused girls to be expelled or otherwise prevented girls from finishing school.

Under the Education and Training Policy launched by the government in 2015, pregnant girls may be reinstated in schools. In 2017, however, President Magufuli declared that girls would not be allowed to return to school after giving birth. Human rights NGOs criticized the policy as contrary to the country’s constitution and laws. This policy led to girls being excluded from educational opportunities, while the fathers of the babies were often their teachers or other older men who frequently did not suffer any consequences.

Child Abuse: Violence against and abuse of children were major problems. Corporal punishment was employed in schools and the law allows head teachers to cane students. The National Violence against Children Survey, conducted in 2009 (the most recent data available), found almost 75 percent of children experienced physical violence prior to age 18.

On August 17, police in the coast region arrested a primary school teacher, Evata Mboya, for allegedly caning a 12-year-old fifth-grade student. The student, who was being punished for making noise in the classroom, was admitted to Mloganzila hospital in Dar es Salaam with severe head injuries.

Child, Early, and Forced Marriage: The law sets the legal age for marriage at 18. The law makes it illegal to marry a primary or secondary school student. To circumvent these laws, individuals reportedly bribed police or paid a bride price to the family of the girl to avoid prosecution. According to Human Rights Watch, girls as young as age seven were married. Zanzibar has its own law on marriage, but it does not specifically address child, early, and forced marriage. The government provided secondary school-level education campaigns on gender-based violence, which included information on child, early, and forced marriage.

In October 2019 the Court of Appeal rejected a government appeal to retain provisions in the law, which would permit girls as young as 14 to marry with parental consent, ruling that the act was unconstitutional and discriminatory towards girls. The government was supposed to remove the parental consent exceptions provision for marriage before the age of 18, but had not amended the law yet.

Sexual Exploitation of Children: The law criminalizes child sex trafficking and child pornography. Those convicted of facilitating child pornography are subject to fines ranging from nominal to substantial, a prison term between one and 20 years, or both. Those convicted of child sex trafficking are subject to fines ranging from nominal to substantial, a prison term of 10 to 20 years, or both. There were three prosecutions based on this law in 2019.

The law provides that sexual intercourse with a child younger than 18 is rape unless within a legal marriage. The law was not always enforced because cases were not always reported or because girls, facing pressure, dropped charges. For example there were accounts of statutory rapes of girls that went unreported in Zanzibar.

Infanticide or Infanticide of Children with Disabilities: Infanticide continued, especially among poor rural mothers who believed themselves unable to afford to raise a child. Nationwide statistics were not available.

Displaced Children: According to the Ministry of Health, Community Development, Gender, Elderly, and Children, large numbers of children were living and working on the street, especially in cities and near the borders. The ministry reported 6,132 children were living in hazardous conditions during the year. These children had limited access to health and education services because they lacked a fixed address or money to purchase medicines, school uniforms, and books. They were also vulnerable to sexual abuse. According to the Ministry of Health, Community Development, Gender, Elders, and Children, from July 2019 to March, 15,680 displaced children received necessities including food, clothing, education, and health services from a combination of government and private organizations.

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 population is 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 discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these provisions.

Few public buildings were accessible to persons with disabilities. New public buildings, however, were built in compliance with the law to provide access. The law provides for access to information and communication, but not all persons with disabilities had such access.

There were six members of the union parliament with disabilities. Persons with disabilities held three appointed seats in the Zanzibar House of Representatives. The Prime Minister’s Office includes a ministerial position responsible for disabilities. The country defines persons with albinism as disabled and appointed a person with albinism as its ambassador to Germany in 2017.

Limits to the political participation of persons with disabilities included inaccessible polling stations, lack of accessible information, limited inclusion in political parties, the failure of the NEC to implement directives concerning disability, and prejudice toward persons with disabilities.

According to the Annual Education Survey of 2018/19, the government expanded school infrastructure for children with disabilities as part of its National Strategy for Inclusive Education 2018-21. In 2018-19, there were 49,655 children with disabilities enrolled in primary schools and 10,749 enrolled in secondary schools. There were 2,485 primary schools identified as inclusive. The government procured equipment such as braille machines, magnifiers, large print books, audiometers, and specialized furniture. More than 340,000 learners with special needs remained out of school.

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

Consensual same-sex sexual conduct is criminalized. The law on both the mainland and Zanzibar punishes “gross indecency” by up to five years in prison or a fine. The law punishes any person convicted of having “carnal knowledge of another against the order of nature or permits a man to have carnal knowledge of him against the order of nature” with a prison sentence on the mainland of 30 years to life and in Zanzibar of imprisonment up to 14 years. In Zanzibar the law provides for imprisonment up to five years or a fine for “acts of lesbianism.” In the past, courts charged individuals suspected of same-sex sexual conduct with loitering or prostitution. The law does not prohibit discrimination based on sexual orientation and gender identity. Police often harassed persons believed to be lesbian, gay, bisexual, transgender, and intersex (LGBTI) based on their dress or manners.

During the year the government opposed improved safeguards for the rights of LGBTI persons, which it characterized as contrary to the law of the land and the cultural norms of society. Senior government officials made several anti-LGBTI statements. There were also reports of arrests and detentions to harass LGBTI activists. In March, seven men were arrested for same-sex sexual conduct and were purportedly subjected to forced anal exams. Their case was ongoing at year’s end.

LGBTI persons were afraid to report violence and other crimes, including those committed by state agents, due to fear of arrest. LGBTI persons faced societal discrimination that restricted their access to health care, including access to information regarding HIV, housing, and employment. There were no known government efforts to combat such discrimination.

In 2017 authorities filed a case against two women in Mwanza who exchanged rings in an engagement ceremony that was recorded and posted on social media. The case was withdrawn without being heard in 2018 and then reopened as a new case in June 2019. It was ongoing as of December.

On June 16, in Zanzibar the registrar summoned Hamid Muhammad Ali, director of the AIDS Initiative Youth Empowerment and Development, an LGBTI rights group, to a meeting in which officials questioned him and informed him that his organization’s registration was being suspended for “promoting homosexuality.” The meeting was later broadcast on television. Four days later, police visited and searched his home and directed him to undergo an anal examination at a local hospital the following day. He said he went to the hospital and was asked to provide his fingerprints and a copy of his national ID card but was not forced to undergo the examination. On August 10, the minister for regional administration, local government, and special departments cancelled the group’s NGO license for going against the “religious and social values” of Zanzibar.

HIV and AIDS Social Stigma

The 2013 People Living with HIV Stigma Index Report indicated persons with HIV/AIDS experienced significant levels of stigma countrywide (39 percent), with stigma particularly high in Dar es Salaam (50 percent). The report highlighted that most common forms of stigma and discrimination were verbal insults and exclusion from social, family, and religious activities. Results also showed that more than one in five persons with HIV/AIDS experienced a forced change of residence or inability to rent accommodations. In Dar es Salaam, nearly one in three of these persons experienced the loss of a job or other source of income.

The law prohibits discrimination against any person “known or perceived” to be HIV-positive and establishes medical confidentiality standards to protect persons with HIV/AIDS. Police abuses of HIV-positive persons, particularly in three key populations (sex workers, drug users, and LGBTI persons), were not uncommon and included arbitrary arrest, extortion, and refusal to accept complaints from victims of crime. In the health sector, key populations experienced denial of services, verbal harassment and abuse, and violations of confidentiality.

After a pause in services earlier in the year, in 2017 the government allowed community-based services for key populations to be reinstated following the release of revised guidelines, although the distribution of lubricants was banned, as were “drop-in centers” that provided services specifically tailored for these marginalized groups. NGOs and CSOs serving these key populations continued to face occasional backlash and harassment from authorities and were often “de-registered” after investigations into whether they promote homosexuality. There was continuing fear among these NGOs to operate freely and openly, as well as among LGBTI persons to seek health services, including HIV prevention and treatment.

Gender desks at police stations throughout the country were established to help address mistrust between members of key populations and police, however, their effectiveness varied widely.

Other Societal Violence or Discrimination

Despite efforts by the government and NGOs to reduce mob violence through educational outreach and community policing, mob violence continued. According to the LHRC 2019 Mid-Year Report, 385 were killed in mob violence. In May in the Rukwa region, a university student was killed by an angry mob after he stabbed his girlfriend. In July in Pwani, a domestic servant killed his boss’s two children and wounded the mother. He was killed by persons who witnessed the incident.

Witchcraft-related killings continued to be a problem. According to the LHRC Mid-Year Report in 2019, there were 106 witchcraft-related killings from January to June 2019. Major victims or targets of such killings were often children or elderly women. The regions with the greatest number of killings were Mbeya, Iringa, Dar es Salaam, and Shinyanga.

In 2015 the government outlawed witchdoctors in an attempt to curtail killings of persons with albinism. Attacks on persons with albinism declined, and there were no reported cases of persons with albinism being killed or attacked. Persons with albinism remained at risk of violence, however, especially during election times, as some ritual practitioners sought albino body parts in the belief they could be used to bring power, wealth, and good fortune. Schools used as temporary shelters in some cases evolved into long-term accommodations, with many students with albinism afraid to return to their homes.

Farmers and pastoralists sometimes argued over traditional animal grazing areas, and violence occurred during some disputes.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The mainland and Zanzibari governments have separate labor laws. Workers on the mainland, except for workers in the categories of “national service” and prison guards, have the right to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination. The government nevertheless restricted these rights. Reinstatement of workers fired for trade union activity is not mandatory.

Trade unions in the private sector must consist of more than 20 members and register with the government, while public-sector unions need 30 members. Five organizations are required to form a federation. Trade union affiliation with nonunion organizations can be annulled by the Labor Court if it was obtained without government approval, or if the union is considered an organization whose remit is broader than employer-worker relations. A trade union or employers association must file for registration with the Registrar of Trade Unions in the Ministry of Labor within six months of establishment. The law, however, does not provide for specific time limits within which the government must register an organization, and the registrar has the power to refuse registration on arbitrary or ambiguous grounds. The government prescribes the terms of office of trade union leaders. Failure to comply with government requirements is subject to fines, imprisonment, or both.

The law requires unions to submit financial records and a membership list to the registrar annually and to obtain government approval for association with international trade unions. The registrar can apply to the Labor Court to deregister or suspend unions if there is overlap within an enterprise or if it is determined the union violated the law or endangered public security.

Collective bargaining agreements must be registered with the Labor Commission. Public-service employees, except for limited exceptions, such as workers involved in “national service” and prison guards, may also engage in collective bargaining.

Employers have the right to initiate a lockout, provided they comply with certain legal requirements and procedures. For a strike to be declared legal, the law requires three separate notifications of intent, a waiting period of at least 92 days, and a union vote in the presence of a Ministry of Labor official that garners approval by at least 75 percent of the members voting. All parties to a dispute may be bound by an agreement to arbitrate, and neither party may then engage in a strike or a lockout until that process has been completed. Disputes regarding adjustments to or the terms of signed contracts must be addressed through arbitration and are not subject to strikes.

The law restricts the right to strike when a strike would endanger the life and health of the population. Picketing in support of a strike or in opposition to a lawful lockout is prohibited. Workers in sectors defined as “essential” (water, sanitation, electricity, health services, health laboratory services, firefighting, air traffic control, civil aviation, telecommunications, and any transport services required for these services) may not strike without a pre-existing agreement to maintain “minimum services.” Workers in other sectors may also be subject to this limitation as determined by the Essential Services Committee, a tripartite committee composed of employers, workers, and government representatives with the authority to deem which services are essential.

An employer may not legally terminate an employee for participating in a lawful strike or terminate an employee who accedes to the demands of an employer during a lockout.

Penalties for violations were not sufficient to deter violations. Penalties were commensurate with penalties for similar violations. Disputes over antiunion discrimination must be referred to the Commission for Mediation and Arbitration, a governmental department affiliated with the Ministry of Labor. There was no public information available regarding cases of antiunion discrimination.

There were no reports of sector-wide strikes or any other major strikes.

In Zanzibar the law requires any union with 50 or more members to be registered, a threshold few companies could meet. The law sets literacy standards for trade union officers. The law provides the registrar considerable powers to restrict union registration by setting criteria for determining whether an organization’s constitution protects its members’ interests. The law applies to both public- and private-sector workers and bans Zanzibari workers from joining labor unions on the mainland. The law prohibits a union’s use of its funds, directly or indirectly, to pay any fines or penalties incurred by trade union officials in the discharge of their official duties. In Zanzibar both government and private-sector workers have the right to strike as long as they follow procedures outlined in the law. For example, workers in essential sectors may not strike; others must give mediation authorities at least 30 days to resolve the issue in dispute and provide a 14-day advance notice of any proposed strike action.

The law provides for collective bargaining in the private sector. Public-sector employees have the right to bargain collectively through the Trade Union of Government and Health Employees; however, members of the police force and prison service, and high-level public officials (for example, the head of an executive agency) are barred from joining a trade union. Zanzibar’s Dispute Handling Unit addresses labor disputes. In Zanzibar judges and all judicial officers, members of special departments, and employees of the House of Representatives are excluded from labor law protection. In Zanzibar the courts are the only venue in which labor disputes can be heard. Enforcement of labor law in Zanzibar is insufficient, especially on the island of Pemba.

The government did not effectively enforce the law protecting the right to collective bargaining. Penalties were commensurate with penalties for similar violations. On both the mainland and in Zanzibar, private-sector employers adopted antiunion policies or tactics, although discriminatory activities by an employer against union members are illegal. The Trade Union Congress of Tanzania (TUCTA)’s 2018 annual report claimed that international mining interests bribed government officials to ignore workers’ complaints and write false favorable reports on work conditions in mines. TUCTA also reported that employers discouraged workers from collective bargaining and retaliated against workers’ rights activists via termination of employment and other measures.

TUCTA expressed concern over the proposal of a new formula for calculating pensions. Under the new formula, 25 percent of a pension would be issued as a lump sum while the remaining 75 percent would be paid in monthly installments. TUCTA called for the government to revert to the old formula, under which workers received a 50 percent lump sum payment upon retirement. By the end of December 2018, President Magufuli announced the new formula would not go into effect until 2023 to provide more time to reach consensus.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor. The law allows prisoners to work without pay on construction and agriculture projects within prisons. The law deems such work acceptable as long as a public authority ensures the work is not for the benefit of any private party. The law also allows work carried out as part of compulsory national service in certain limited circumstances. The constitution provides that no work shall be considered forced labor if such work forms part of compulsory national service in accordance with the law, or “the national endeavor at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity.”

The law establishes criminal penalties for employers using forced labor. Penalties were not commensurate with penalties for similar violations. The government did not adequately enforce the law. Neither the government nor the International Labor Organization (ILO) provided statistics on government enforcement. The ILO reported unspecified instances of forced labor, including those involving children from the southern highlands forced into domestic service or labor on farms, in mines, and in the informal business sector. Forced child labor occurred (see section 7.c.). In late 2018 the government drafted a national child labor strategy, addressing elimination of forced child labor, which has yet to be launched formally.

Prisoners perform unpaid and nonvoluntary labor on projects outside of the prison, such as road repair, agriculture, and government construction projects. The Ministry of Home Affairs reported that prisoners perform labor on a joint sugar plantation project, including planting 2,000 acres of sugar under an agreement between the National Social Security Fund and the Parastatal Pension Fund (PPF). The Moshi Prison Department, in collaboration with PPF, installed leather manufacturing equipment, and prisoners produce shoes and handbags. In Kigoma, the prisoners work on palm farms in palm oil production, in Dodoma and Singida they work on farms to produce corn and beans, and in Arusha, they work in meat production. The Minister of Home Affairs budget speech of 2020/21 included a statement about having prisoners produce their own food.

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 the exploitation of children in the workplace. By law the minimum age on the mainland for employment is 14; in Zanzibar the minimum age is 15. Neither the mainland nor Zanzibar’s minimum age laws, however, extend to children in domestic work, leaving such children vulnerable to exploitation. Children older than 14 but younger than 18 may be employed only to do nonhazardous work that is not likely to be harmful to the child’s health and development or attendance at school. The government published regulations to define hazardous work for children in several sectors, including in agriculture, fishery, mining, quarrying, construction, service, informal operations, and transport. The law limits working hours for children to six hours a day. Although legal penalties for violations of minimum age laws are likely sufficient to deter violations, there are few reported instances of law enforcement officials imposing penalties. Penalties were not commensurate with penalties for similar violations.

Both the mainland’s and Zanzibar’s labor inspectorates lacked human and financial resources to adequately enforce minimum age laws, and labor inspectors lacked authority to assess penalties for violations. Inadequate enforcement left children vulnerable to exploitation. In January the ILO worked with the Ministry of Labor to train approximately 70 labor inspectors on child labor in Iringa.

Mainland officials arrested but were not able to obtain convictions for traffickers of children working in mining and domestic service. Zanzibar’s Ministry of Labor, Youth Development, Women, and Children did not take legal action related to child labor.

Government measures to ameliorate child labor included verifying that children of school age attended school, imposing penalties on parents who did not enroll their children in school, and pressing employers in the formal sector not to employ children younger than 18. In 2018 the government developed a national strategy for elimination of child labor; however, the government has yet to launch the strategy, indicating a lack of political will to prioritize its implementation.

On the mainland children worked as domestic workers, street vendors, and shopkeepers as well as in agriculture, family-based businesses, fishing, construction, and artisanal mining of gold and tanzanite. According to Human Rights Watch, children as young as eight worked in mining. In Zanzibar children worked primarily in fishing, clove picking, domestic labor, small businesses, and gravel making. In Micheweni and Mwambe villages, for example, children engaged in stone crushing, exposing them to being hit by rock fragments. In fishing villages such as Matemwe, children’s work at fish markets prevents them from attending school.

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 workplace discrimination, directly or indirectly, against an employee based on skin color, nationality, tribe, place of origin, race, national extraction, social origin, political opinion, religion, sex, gender, pregnancy, marital status, family responsibility, disability, HIV/AIDS, age, or station in life. The law does not specifically prohibit discrimination based on sexual orientation or gender identity, language, citizenship, or other communicable disease status. The law distinguishes between discrimination and an employer hiring or promoting based on affirmative action. The government in general did not effectively enforce the law, and penalties were insufficient to deter violations. Penalties were commensurate with penalties for similar violations.

Women have the same status as men under labor law on the mainland. According to TUCTA, gender-based discrimination in terms of wages, promotions, and legal protections in employment continued to occur in the private sector. It was difficult to prove and often went unpunished. While employers in the formal sector were more attentive to laws against discrimination, problems were particularly acute in the informal sector, in which women were disproportionately employed. Women often were employed for low pay and in hazardous jobs, and they reported high levels of bullying, threats, and sexual harassment. A 2015 study by the LHRC found that women faced particular discrimination in the mining, steel, and transport industries. The 2019 LHRC human rights and business report shows women still experienced discrimination.

Discrimination against migrant workers also occurred. They often faced difficulties in seeking documented employment outside of the informal sector. The law gives the labor commissioner authority to deny work permits if a citizen with the same skills is available. During the year foreign professionals, including senior management of international corporations, frequently faced difficulties obtaining or renewing work permits. Because refugees lived in camps and could not travel freely (see section 2.d.), few refugees worked in the formal sector.

The LHRC stated that persons with disabilities faced discrimination in seeking employment and access to the workplace. While nongovernment and government actors made efforts to curb discrimination and violence against persons with albinism, the LHRC reported that this population still lived in fear of their personal security and therefore could not fully participate in social, economic, and political activities.

Inspections conducted since the enactment of the law in 2015 revealed 779 foreign employees working without proper permits. Of these, 29 were repatriated and 77 were arraigned in court. Because legal refugees lived in camps and could not travel freely (see section 2.d.), few worked in the formal sector.

e. Acceptable Conditions of Work

The government established minimum wage standards in 2015 for employees in both the public and private sectors on the mainland, and it divided those standards into nine employment sectors. The minimum wage was above the government poverty line, but in many industries, it was below World Bank standards for what constitutes extreme poverty. The government’s poverty line has not been updated since 2012. The law allows employers to apply to the Ministry of Labor for an exemption from paying the minimum wage. The labor laws cover all workers, including foreign and migrant workers and those in the informal sector. The minimum wage on Zanzibar was above the poverty line. According to the Tanzania Mainland Poverty Assessment 2019 published by the World Bank and the Tanzania National Bureau of Statistics (NBS), the national basic needs poverty line for 2018 for the country was 49,320 TZS ($21) per adult per month (or $0.55 per day) and the food poverty line was 33,748 TZS ($14) per month ($0.50 per day).

The standard workweek is 45 hours, with a maximum of nine hours per day or six days per week. Any work in excess of these limits should be compensated with overtime pay at one-and-a-half times the employee’s regular wage. Under most circumstances, it is illegal to schedule pregnant or breastfeeding women for work between 10 p.m. and 6 a.m.

The law states employees with 12 months of employment are entitled to 28 days of paid annual leave, and it requires employee compensation for national holidays. The law prohibits excessive or compulsory overtime, and it restricts required overtime to 50 hours in a four-week period or in accordance with previously negotiated work contracts. The law requires equal pay for equal work.

Several laws regulate occupational safety and health (OSH) standards in the workplace. According to TUCTA, OSH standards are appropriate for the main industries and enforcement of these standards has improved, but challenges remained in the private sector. In March the National Audit Office released a follow-up report on a 2013 performance audit on the management of occupational health and safety in the country. The audit found the vast majority of recommendations had been fully implemented.

OSH standards, however, were not effectively enforced in the informal economy. The Occupational Safety and Health Authority did not employ sufficient inspectors. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively enforce this protection.

Workers may sue an employer if their working conditions do not comply with the Ministry of Labor’s health and environmental standards. Disputes were generally resolved through the Commission for Mediation and Arbitration. There were no exceptions for foreign or migrant workers.

Many workers did not have employment contracts and lacked legal protections. The LHRC reported many workers did not have written contracts, and those who did were often not provided with written copies of their contract. Additionally, employers often kept copies of the contracts that differed from the versions given to the employees. Companies frequently used short-term contracts of six months or less to avoid hiring organized workers with labor protections.

The government did not adequately enforce labor standards, particularly in the informal sector, where the majority of workers were employed. Penalties were insufficient to deter violations and were not commensurate with penalties for similar violations. The number of inspectors was insufficient to deter violations. Inspectors did have the authority to conduct unannounced inspections, but the penalties are imposed by the court.

In dangerous industries such as construction, employees often worked without protective equipment such as helmets, gloves, or harnesses. According to a 2008 Accident Notificat