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

There were reports that the government or its agents committed arbitrary or unlawful killings. The Attorney General’s Office maintains a military investigation and prosecution office for cases involving entities of the Ministry of Interior. The Ministry of Defense maintains its own investigation authority as well as prosecution at the primary and appellate level; at the final level, cases are forwarded to the Supreme Court.

In January security forces in Kandahar Province reportedly killed a young girl and later her father, who approached the local army base apparently to condemn the killing. Security forces did not offer an explanation for the killings. Security forces fired upon and wounded at least one of the community members who protested the killings. Authorities committed to investigate the killings, but there was no update available as of October. The Australian Broadcasting Corporation (ABC) reported in March that Australian Special Air Service Regiment (SAS) members killed several locals either after they had surrendered or while they were in SAS detention in 2012. Witnesses alleged that in one such incident, SAS members shot and killed an imam and his son following evening prayers. In July the ABC additionally reported SAS members killed unarmed civilians in Kandahar Province in 2012.

During the year unknown actors carried out a number of targeted killings of civilians, including religious leaders, journalists, and civil society advocates (see section 1.g.).

b. Disappearance

There were no reports of disappearances committed by security forces.

The UN Assistance Mission in Afghanistan (UNAMA) noted an increase in abductions of civilians carried out by the Taliban in the first six months of the year, compared with the same period in the previous year, and a fivefold increase over the same period of the previous year of casualties resulting from abduction. UNAMA reported seven adult men were abducted from their village in Herat Province on March 6 and subsequently killed by the Taliban.

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

Although the constitution and law prohibit such practices, there were numerous reports that government officials, security forces, detention center authorities, and police committed abuses.

Nongovernmental organizations (NGOs) reported security forces continued to use excessive force, including torturing and beating civilians. Despite legislation prohibiting these acts, independent monitors continued to report credible cases of torture in detention centers. According to local media, lawyers representing detainees in detention centers alleged in July that torture remained commonplace and that detainees were regularly questioned using torture methods.

There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. UNAMA reported that punishments carried out by the Taliban included beatings, amputations, and executions. The Taliban held detainees in poor conditions and subjected them to forced labor, according to UNAMA.

On January 30, a video was posted showing a woman being stoned to death. The president’s spokesman attributed the attack to the Taliban; the Taliban denied involvement.

Impunity was a significant problem in all branches of the security forces. Despite the testimony of numerous witnesses and advocates that service members were among the most prevalent perpetrators of bacha bazi (the sexual and commercial exploitation of boys, especially by men in positions of power), the government had never prosecuted a security officer for these acts, although eight officers were arrested during the year in connection with bacha bazi incidents.

In July, as a part of a political agreement between President Ghani and Abdullah, the government promoted Abdul Rashid Dostum to the rank of marshal, the country’s highest military rank. Dostum had been accused of gross violations of human rights, including the abduction and rape of a political opponent, but the government did not carry out an investigation.

Prison and Detention Center Conditions

Prison conditions were harsh due to overcrowding, lack of sanitation, and limited access to medical services. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Interior Ministry, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers. The Ministry of Justice’s Juvenile Rehabilitation Directorate is responsible for all juvenile rehabilitation centers. The National Directorate of Security (NDS) operates short-term detention facilities at the provincial and district levels, usually colocated with its headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan. There were credible reports of private prisons run by members of the Afghan National Defense and Security Forces (ANDSF) and used for abuse of detainees. The Taliban also maintain illegal detention facilities throughout the country.

Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem. On April 21, the general director of prisons stated the country’s prisons suffered from widespread abuses, including corruption, lack of attention to detainees’ sentences, sexual abuse of underage prisoners, and lack of access to medical care. Prisoners in a number of prisons occasionally conducted hunger strikes or sewed their mouths shut to protest their detention conditions.

In October inspectors reportedly identified a contaminated drinking water supply at Pul-e Charki Prison. The water was reportedly contaminated by an overflow of sewage at a nearby water treatment plant that was not adequately addressed due to low standards of safety and maintenance.

Authorities generally lacked the facilities to separate pretrial and convicted inmates or to separate juveniles according to the seriousness of the charges against them. Local prisons and detention centers did not always have separate facilities for female prisoners.

According to NGOs and media reports, authorities held children younger than age 15 in prison with their mothers, due in part to a lack of capacity of separate children’s support centers. These reports documented insufficient educational and medical facilities for these minors.

Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate. The GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items.

From March 11 to September 16, a total of 7,237 prisoners and detainees were released from 32 facilities across the country in an effort to protect these individuals from COVID-19 and slow the spread of the virus. At year’s end it was unknown how many were returned to custody. The majority were given reduced sentences or qualified for bail and did not have to return to prison.

As part of an exchange establishing conditions for peace talks between the government and the Taliban, the government released nearly 5,000 Taliban prisoners between March and September. The Taliban released 1,000 government prisoners between March and July as part of its commitments in the agreement.

Administration: Authorities conducted some investigations of credible allegations of mistreatment. The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners. Additionally, most prisons did not allow family visits.

Independent Monitoring: The Afghan Independent Human Rights Commission (AIHRC), UNAMA, and the International Committee of the Red Cross monitored the NDS, Ministry of Interior, Ministry of Justice, and Ministry of Defense detention facilities. NATO Resolute Support Mission monitored NDS, Afghan National Police (ANP), and Defense Ministry facilities. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when they arrived unannounced. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from documenting physical evidence of abuse, such as bruises, scars, and other injuries.

Improvements: The Office of Prisons Administration dedicated human rights departments at each facility to monitor and address problems.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but both remained serious problems. Authorities detained many citizens without respecting essential procedural protections. According to NGOs, law enforcement officers continued to detain citizens arbitrarily without clear legal authority or without regard to substantive procedural legal protections. Local law enforcement officials reportedly detained persons illegally on charges that have no basis in applicable criminal law. In some cases authorities improperly held women in prisons because they deemed it unsafe for the women to return home or because women’s shelters were not available to provide protection in the provinces or districts at issue (see section 6, Women). The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter, but authorities generally did not observe this requirement.

There were reports throughout the year of impunity and lack of accountability by security forces. According to observers, Afghan Local Police (ALP) and ANP personnel were largely unaware of their responsibilities and defendants’ rights under the law, since many were illiterate and lacked training. Accountability of NDS, ANP, and ALP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS, Major Crimes Task Force, ANP, and ALP in the investigation and prosecution of crimes or misconduct, including torture and abuse, was limited or nonexistent.

Arrest Procedures and Treatment of Detainees

UNAMA, the AIHRC, and other observers reported arbitrary and prolonged detention frequently occurred throughout the country, including persons being detained without judicial authorization. Authorities often did not inform detainees of the charges against them.

Justice-sector actors and the public lacked widespread understanding and knowledge of the penal code, which took effect in 2018 to modernize and consolidate criminal laws.

The law provides for access to legal counsel and the use of warrants, and it limits how long authorities may hold detainees without charge. Police have the right to detain a suspect for 72 hours to complete a preliminary investigation. If police decide to pursue a case, they transfer the file to the Attorney General’s Office. After taking custody of a suspect, the attorney general may issue a detention warrant for up to seven days for a misdemeanor and 15 days for a felony. With court approval, the investigating prosecutor may detain a suspect while continuing the investigation, with the length of continued detention depending on the severity of the offense. The investigating prosecutor may detain a suspect for a maximum of 20 days for a misdemeanor and 60 days for a felony. The prosecutor must file an indictment or release the suspect within those deadlines; there may be no further extension of the investigatory period if the defendant is already in detention. After a case is referred to the court, the court may issue detention orders not to exceed a total of 120 days for all court proceedings (primary, appeal, and Supreme Court stages). Compliance with these time limits was difficult to ascertain in the provincial courts. In addition there were multiple reports that judges often detained prisoners after their sentences were completed because bribes for release were not paid. Incommunicado imprisonment remained a problem, and prompt access to a lawyer was rare. Prisoners generally were able to receive family visits.

The criminal procedure code provides for release on bail. Authorities at times remanded “flight risk” defendants pending a prosecutorial appeal despite the defendants’ acquittal by the trial court. In other cases authorities did not rearrest defendants released pending appeal, even after the appellate court convicted them in absentia.

According to the juvenile code, the arrest of a child “should be a matter of last resort and should last for the shortest possible period.” Reports indicated children in juvenile rehabilitation centers across the country lacked access to adequate food, health care, and education. Detained children frequently did not receive the presumption of innocence, the right to know the charges against them, access to defense lawyers, and protection from self-incrimination. The law provides for the creation of special juvenile police, prosecution offices, and courts. Due to limited resources, special juvenile courts functioned in only six provinces (Kabul, Herat, Balkh, Kandahar, Nangarhar, and Kunduz). Elsewhere children’s cases went to ordinary courts. The law mandates authorities handle children’s cases confidentially.

Some children in the criminal justice system were victims rather than perpetrators of crime. In the absence of sufficient shelters for boys, authorities detained abused boys and placed them in juvenile rehabilitation centers because they could not return to their families and shelter elsewhere was unavailable. In addition some victims of bacha bazi were charged with “moral crimes” and treated as equally responsible perpetrators as the adult.

There were reports of children being abused while in custody, to include girls who were raped and became pregnant. Following the capture of ISIS-K fighters and family members in 2019, children of ISIS-K fighters (including girls married to ISIS-K fighters) were sometimes detained in special centers. The government registered some of these children in school, but most were not registered and did not receive adequate care. In addition child soldiers pressed into service with ISIS-K, the Taliban, or other groups were imprisoned without regard to their age. There was no established program for their reintegration into society. According to advocates, following their interception by government forces, all child soldiers from militia groups are initially placed into an NDS detention facility and are sometimes transferred to juvenile rehabilitation centers and later to a shelter run by the Ministry of Labor and Social Affairs. An estimated 125 children were held at the detention facility during the year, 30 were held at the shelter, and there was no reliable estimate of how many children were at the juvenile centers. Child soldiers affiliated with ISIS-K remained in the NDS detention facility.

Police and legal officials often charged women with intent to commit zina (sex outside marriage) to justify their arrest and incarceration for social offenses, such as running away from their husband or family, rejecting a spouse chosen by their families, fleeing domestic violence or rape, or eloping to escape an arranged marriage. The constitution provides that in cases not explicitly covered by the provisions of the constitution or other laws, courts may, in accordance with Hanafi jurisprudence (a school of Sunni Islamic law) and within the limits set by the constitution, rule in a manner that best attains justice in the case. Observers reported officials used this article to charge women and men with “immorality” or “running away from home,” neither of which is a crime. Police often detained women for zina at the request of family members.

Authorities imprisoned some women for reporting crimes perpetrated against them and detained some as proxies for a husband or male relative convicted of a crime on the assumption the suspect would turn himself in to free the family member.

Authorities placed some women in protective custody to prevent violence by family members. They also employed protective custody (including placement in a detention center) for women who had experienced domestic violence, if no shelters were available to protect them from further abuse. The 2009 Elimination of Violence against Women (EVAW) presidential decree–commonly referred to as the EVAW law–obliges police to arrest persons who abuse women. Implementation and awareness of the EVAW law was limited, however.

Arbitrary Arrest: Arbitrary arrest and detention remained a problem in most provinces. Observers reported some prosecutors and police detained individuals without charge for actions that were not crimes under the law, in part because the judicial system was inadequate to process detainees in a timely fashion. Observers continued to report those detained for moral crimes were primarily women.

Pretrial Detention: The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter. Nevertheless, lengthy pretrial detention remained a problem. Many detainees did not benefit from the provisions of the criminal procedure code because of a lack of resources, limited numbers of defense attorneys, unskilled legal practitioners, and corruption. The law provides that, if there is no completed investigation or filed indictment within the code’s 10-, 27-, or 75-day deadlines, judges must release defendants. Judges, however, held many detainees beyond those periods, despite the lack of an indictment.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but the judiciary continued to be underfunded, understaffed, inadequately trained, largely ineffective, and subject to threats, bias, political influence, and pervasive corruption.

Judicial officials, prosecutors, and defense attorneys were often intimidated or corrupt. World Justice Project’s annual report, released in July, found that in 2019 59 percent of those surveyed considered judges or magistrates to be corrupt; corruption was considered by those surveyed to be the most severe problem facing criminal courts.

Bribery and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency impaired judicial impartiality. Most courts administered justice unevenly, employing a mixture of codified law, sharia, and local custom. Traditional justice mechanisms remained the main recourse for many, especially in rural areas. Corruption was common in the judiciary, and often criminals paid bribes to obtain their release or a sentence reduction (see section 4).

There was a widespread shortage of judges, primarily in insecure areas, leading to the adjudication of many cases through informal, traditional mediation. A shortage of women judges, particularly outside of Kabul, limited access to justice for women. Many women are unable to use the formal justice system because cultural norms preclude their engagement with male officials. During the year only 254 of 2,010 judges were women, a slight decrease from 2019. The formal justice system is stronger in urban centers, closer to the central government, and weaker in rural areas. In rural areas, police operated unchecked with almost unlimited authority. Courts and police continued to operate at less than full strength nationwide. The judicial system continued to lack the capacity to absorb and implement the large volume of new and amended legislation. A lack of qualified judicial personnel hindered the courts. Some municipal and provincial authorities, including judges, had minimal training and often based their judgments on their personal understanding of sharia without appropriate reference to statutory law, tribal codes of honor, or local custom. The number of judges who graduated from law school continued to increase. Access to legal codes and statutes increased, but their limited availability continued to hinder some judges and prosecutors.

In major cities courts continued to decide criminal cases. Authorities frequently resolved civil cases using the informal system, the government mediation mechanism through the Ministry of Justice Huquq (civil rights) Office, or in some cases through negotiations between the parties facilitated by judicial personnel or private lawyers. Because the formal legal system often does not exist in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) are the primary means of settling both criminal matters and civil disputes. They also imposed punishments without regard to the formal legal system. UNAMA and NGOs reported several cases where perpetrators of violence against women that included domestic abuse reoffended after their claims were resolved by mediation.

In areas it controlled, the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments included execution and mutilation. According to UNAMA, in June, Taliban courts convicted two men in Faryab Province of different crimes. In both cases the men were brought before a crowd, and a Taliban member pronounced their death sentences; the men were immediately executed by public hanging.

Trial Procedures

The constitution provides the right to a fair and public trial, but the judiciary rarely enforced this provision. The administration and implementation of justice varied in different areas of the country. The government formally uses an inquisitorial legal system. By law all citizens are entitled to a presumption of innocence, and those accused have the right to be present at trial and to appeal, although the judiciary did not always respect these rights. The law requires judges to provide five days’ notice prior to a hearing, but judges did not always follow this requirement, and many citizens complained that legal proceedings often dragged on for years.

Three-judge panels decide criminal trials, and there is no right to a jury trial under the constitution. Prosecutors rarely informed defendants promptly or in detail of the charges brought against them. Indigent defendants have the right to consult with an advocate or counsel at public expense when resources allow. The judiciary applied this right inconsistently, in large part due to a severe shortage of defense lawyers. Citizens were often unaware of their constitutional rights. Defendants and attorneys are entitled to examine physical evidence and documents related to a case before trial, although observers noted court documents often were not available for review before cases went to trial, despite defense lawyers’ requests.

Criminal defense attorneys reported the judiciary’s increased respect and tolerance for the role of defense lawyers in criminal trials, but defendants’ attorneys continued to experience abuse and threats from prosecutors and other law enforcement officials.

The criminal procedure code establishes time limits for the completion of each stage of a criminal case, from investigation through final appeal, when the accused is in custody. The code also permits temporary release of the accused on bail, but this was rarely applied. An addendum to the code provides for extended custodial limits in cases involving crimes committed against the internal and external security of the country. Courts at the Justice Center in Parwan Province regularly elected to utilize the extended time periods. If the judiciary does not meet the deadlines, the law requires the accused be released from custody. Often courts did not meet these deadlines, but detainees nevertheless remained in custody.

In cases where no clearly defined legal statute applied, or where judges, prosecutors, or elders were unaware of the statutory law, judges and informal shuras enforced customary law. This practice often resulted in outcomes that discriminated against women.

In areas controlled by the Taliban, according to Human Rights Watch, the Taliban established courts that rely on religious scholars to adjudicate cases or at times referred cases to traditional dispute resolution mechanisms. Taliban courts include district-level courts, provincial-level courts, and a tamiz, or appeals, court located in a neighboring country.

According to Human Rights Watch, the Taliban justice system is focused on punishment, and convictions often resulted from forced confessions in which the accused is abused or tortured. At times the Taliban imposed corporal punishment for serious offenses, or hudud crimes, under an interpretation of sharia.

Political Prisoners and Detainees

There were no reports the government held political prisoners or political detainees.

During the year the Taliban detained government officials, individuals alleged to be spying for the government, and individuals alleged to have associations with the government. For political cases, according to NGOs, there were no official courts; cases were instead tried by Taliban military commanders.

Civil Judicial Procedures and Remedies

Corruption and limited capacity restricted citizen access to justice for constitutional and human rights abuses. Citizens may submit complaints of human rights abuses to the AIHRC, which reviews and submits credible complaints to the Attorney General’s Office for further investigation and prosecution. Some female citizens reported that when they approached government institutions with a request for service, government officials, in turn, demanded sexual favors as quid pro quo.

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

The law prohibits arbitrary interference in matters of privacy, but authorities did not always respect its provisions. The criminal procedure code contains additional safeguards for the privacy of the home, prohibiting night arrests, requiring the presence of a female officer during residential searches, and strengthening requirements for body searches. The government did not always respect these prohibitions.

Government officials continued to enter homes and businesses of civilians forcibly and without legal authorization. There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.

Media and the government reported the Taliban routinely used civilian homes as shelters, bases of operation, and shields. There were also reports the Taliban, ISIS-K, and ANDSF used schools for military purposes.

g. Abuses in Internal Conflict

Continuing internal conflict resulted in civilian deaths, abductions, prisoner abuse, property damage, displacement of residents, and other abuses. The security situation remained a problem largely due to insurgent and terrorist attacks. According to UNAMA, actions by nonstate armed groups, primarily the Taliban and ISIS-K, accounted for the majority of civilian deaths.

After the signing of the U.S.-Taliban Agreement and the issuance of the U.S.-Afghanistan Joint Declaration on February 29, attacks against U.S. and coalition forces largely stopped, but violence against Afghan security forces and civilians continued, even after the start of intra-Afghan negotiations on September 12.

Killings: UNAMA counted 2,117 civilian deaths due to conflict during the first nine months of the year, compared with 2,683 during the same period in 2019. During this period, UNAMA documented 1,274 civilian casualties resulting from nonsuicide improvised explosive device (IED) attacks perpetrated by antigovernment forces (456 deaths and 818 injured). UNAMA attributed 59 percent of civilian casualties in the first nine months of the year to antigovernment forces, including the Taliban and ISIS-K, 27 percent to progovernment forces, and 14 percent to cross fire and other sources. UNAMA documented a 46 percent decrease in the total number of civilian casualties due to all airstrikes in the first nine months of the year, compared with the same period in 2019, but documented a 70 percent increase in civilian casualties (349) and a 50 percent increase in civilians killed (156) from airstrikes by the Afghan Air Force in the first nine months of the year, compared with the same period in 2019.

The AIHRC stated that an airstrike in Takhar Province by Afghan forces on October 21 killed 12 children and wounded 18 others at a religious school and mosque. The mosque’s imam was among the wounded. The attack reportedly targeted Taliban fighters. First Vice President Amrullah Saleh initially rejected reports of civilian casualties, stating the attack had targeted a Taliban installation, but the Ministry of Defense declared it had assigned an investigation team to assess allegations of civilian casualties.

During the year antigovernment forces carried out a number of deadly attacks against religious leaders, particularly those who spoke out against the Taliban. Many progovernment Islamic scholars were killed in attacks during the year for which no group claimed responsibility. In June, three imams and a number of worshippers were killed in separate attacks on two mosques in Kabul, and seven students were killed by a bomb at a seminary in Takhar Province.

Antigovernment elements continued to attack civilian targets. On April 21 in Nangarhar Province, the Taliban detonated an IED inside a private pharmacy, wounding eight civilians, including a doctor from the local hospital. The owners reportedly had refused to provide the Taliban an extortion payment.

Antigovernment elements continued targeting hospitals and aid workers. In the first six months of the year, UNAMA documented 36 incidents affecting health-care facilities and personnel. UNAMA attributed the majority of these incidents to the Taliban.

On May 12, three gunmen attacked a maternity clinic in a Hazara Shia neighborhood in Kabul run by Doctors Without Borders (MSF), killing 24 mothers, newborns, and a health-care worker. No group claimed responsibility. In June the MSF announced it would close the clinic.

On May 19, the Afghan Air Force conducted an airstrike in Kunduz Province outside a hospital, killing and wounding Taliban who were seeking medical care, as well as killing at least two civilians at the hospital.

On November 22, gunmen detonated explosives and fired upon students, staff, and others, killing 35 and wounding at least 50, at Kabul University. During the attack students and faculty were taken hostage, according to press reports. The attack was later claimed by ISIS-K.

Antigovernment elements also continued to target government officials and entities, as well as political candidates and election-related activities, throughout the country. Media reported five staff members of the Attorney General’s Office, including two who reportedly had served as prosecutors, were ambushed and killed in their vehicle in Kabul on June 22. No one claimed responsibility, and a Taliban spokesperson denied any involvement, adding that the peace process had many enemies and that the Taliban, too, would “investigate.” On October 3, a car bomb targeting a government administrative building in Nangarhar Province killed at least 15, including at least four children. Most of the casualties were civilians; no group claimed responsibility. On December 15, Kabul deputy governor Mahbubullah Muhibbi was killed in a bomb blast in Kabul. On December 21, at least 10 persons were killed and 52 wounded in an attack on the convoy of lower house of parliament member Khan Mohammad Wardak. No group claimed responsibility for either attack.

Abductions: In January a three-year-old boy was kidnapped for ransom in Kabul. Businesswomen reported they faced a constant threat of having their children abducted and held for ransom. The UN secretary-general’s 2019 Children and Armed Conflict Report, released in June, cited 14 verified incidents of child abduction, all of which were of boys as young as 11. Of the abductions, 12 were attributed to the Taliban and one each to the ANP and a progovernment militia.

Seven reported abductions of currency exchangers in Herat during the year prompted the currency exchangers there to strike in October to protest.

Antigovernment groups regularly targeted civilians, including using IEDs to kill and maim them. Land mines, unexploded ordnance, and explosive remnants of war (ERW) continued to cause deaths and injuries. UNAMA reported 584 civilian casualties caused by unlawful pressure-plate IEDs by antigovernment elements, mostly attributed to the Taliban, during the first nine months of the year, a 44 percent increase compared with the same period in 2019. The state minister for disaster management and humanitarian affairs reported that approximately 125 civilians were killed or wounded by unexploded ordnance per month, and more than 730 square miles still needed to be cleared, which included both previously identified ERW areas as well as newly contaminated ranges. Media regularly reported cases of children killed and injured after finding unexploded ordinance.

UNAMA reported civilian casualties from ERW in the first nine months of the year accounted for 5 percent of all civilian casualties and caused 298 civilian casualties, with 86 deaths and 212 injured. Children comprised more than 80 percent of civilian casualties from ERW.

Child Soldiers: Under the penal code, recruitment of children in military units carries a penalty of six months to one year in prison. UNAMA reported the ANDSF and progovernment militias recruited and used 11 children during the first nine months of the year, all for combat purposes. Media reported that local progovernment commanders recruited children younger than age 16. NGOs reported security forces used child soldiers in sexual slavery roles. The country remained on the Child Soldiers Prevention Act List in the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/. The Taliban and other antigovernment groups regularly recruited and trained children to conduct attacks.

The ANP took steps that included training staff on age-assessment procedures, launching an awareness campaign on underage recruitment, investigating alleged cases of underage recruitment, and establishing centers in some provincial recruitment centers to document cases of attempted child enlistment. The government operated child protection units (CPUs) in all 34 provinces; however, some NGOs reported these units were not sufficiently equipped, staffed, or trained to provide adequate oversight. The difficult security environment in most rural areas prevented oversight of recruitment practices at the district level; CPUs played a limited oversight role in recruiting. Recruits underwent an identity check, including an affidavit from at least two community elders that the recruit was at least 18 years old and eligible to join the ANDSF. The Ministries of Interior and Defense also issued directives meant to prevent the recruitment and sexual abuse of children by the ANDSF. Media reported that in some cases ANDSF units used children as personal servants, support staff, or for sexual purposes. Government security forces reportedly recruited boys specifically for use in bacha bazi in every province of the country.

According to UNAMA, the Taliban and ISIS-K continued to recruit and use children for front-line fighting and setting IEDs. While the law protects trafficking victims from prosecution for crimes committed as a result of being subjected to trafficking, there were reports the government treated child former combatants as criminals as opposed to victims of trafficking. Most were incarcerated alongside adult offenders without adequate protections from abuse by other inmates or prison staff.

UNAMA verified the recruitment of 144 boys by the Taliban in the first nine months of the year. In some cases the Taliban and other antigovernment elements used children as suicide bombers, human shields, and to emplace IEDs, particularly in southern provinces. Media, NGOs, and UN agencies reported the Taliban tricked children, promised them money, used false religious pretexts, or forced them to become suicide bombers. UNAMA reported the Taliban deployed three boys in February to conduct a suicide attack against an ALP commander in Baghlan Province. One of the children accidentally detonated his IED before reaching the ceremony, killing all three children. See also the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Other Conflict-related Abuse: The security environment continued to make it difficult for humanitarian organizations to operate freely in many parts of the country. Violence and instability hampered development, relief, and reconstruction efforts. Insurgents targeted government employees and aid workers. NGOs reported insurgents, powerful local individuals, and militia leaders demanded bribes to allow groups to bring relief supplies into their areas and distribute them.

In contrast with previous years, polio vaccination campaigns were not disrupted by the conflict (the Taliban had previously restricted house-to-house vaccination programs). Routine immunization services at health facilities and other immunization campaigns, however, were interrupted by the COVID-19 pandemic, and only half of the provinces received vaccination coverage. According to the Ministry of Public Health, there were 46 new reported cases of polio during the year.

The Taliban also attacked schools, radio stations, and government offices. On February 3, the Taliban burned a girls’ school in Takhar Province. In July the Taliban burned a school in the same province after using it as cover to attack ANDSF. On August 20, the Taliban prevented approximately 200 female university applicants in Badakshan Province from taking their university entrance exams by threatening them with fines. Some of these women were ultimately taken to another location in the province to take the exam.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, but the government sometimes restricted this right.

Freedom of Speech: The law provides for freedom of speech, and the country has a free press. There were reports authorities at times used pressure, regulations, and threats to silence critics. Criticism of the central government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists. Discussion of a political nature was more dangerous for those living in contested or Taliban-controlled areas. Government security agencies increased their ability to monitor the internet, including social media platforms, although the monitoring did not have a perceptible impact on social media use.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. Implementation of the Access to Information Law, which provides for public access to government information, remained inconsistent, and media reported consistent failure by the government to meet the requirements of the law. Government officials often restricted media access to government information or simply ignored requests. UNAMA, Human Rights Watch, and Reporters without Borders (RSF) reported the government did not fully implement the law, and therefore journalists often did not receive access to information they sought. Furthermore, journalists stated government sources shared information with only a few media outlets. Human Rights Watch criticized the arrest of a government employee who was alleged by First Vice President Amrullah Saleh to have spread false information about the October 21 attack on a school and mosque in Takhar that resulted in civilian deaths.

Journalists faced the threat of harassment and attack by ISIS-K, the Taliban, and government-linked figures attempting to influence how they were covered in the news. The Afghanistan Journalists’ Council said that during the year journalists’ social media accounts were hacked and journalists were threatened by the Office of the National Security Council.

On May 30, a journalist and a driver from Khurshid TV were killed when their vehicle, carrying 15 employees of the station, was hit by a roadside bomb in Kabul. Four other employees of the station were wounded. ISIS-K claimed responsibility for the attack.

On November 12, an explosive in Lashkargah city killed Radio Azadi reporter Ilias Daee, as well as his brother. Journalist Malala Maiwand was killed by gunmen on December 10 in Jalalabad, and journalist Rahmatullah Nekzad was killed in Ghazni on December 21. No group claimed responsibility for the attacks. Journalists reported facing threats of violence from the internal conflict. Politicians, security officials, business owners, and others in positions of power at times threatened or harassed journalists because of their coverage. According to RSF, female journalists were especially vulnerable.

Vida Saghari, a female journalist, faced a series of online harassments, including hate speech and death threats, following her criticism of a cleric’s Ramadan rallies in defiance of COVID-19 restrictions, according to RSF.

Freedom of speech and an independent media were more constrained at the provincial level than in the capital, Kabul. Political and ethnic groups, including those led by former mujahedin leaders, financed many provincial media outlets and used their financial support to control the content. Provincial media was also more susceptible to antigovernment attacks.

Print and online media continued to publish independent magazines, newsletters, newspapers, and websites. A wide range of editorials and daily newspapers openly criticized the government. Nevertheless, there were concerns that violence and instability threatened journalists’ safety. A greater percentage of the population, including those in rural areas, had easier access to radio than other forms of media. According to The Asia Foundation, rural inhabitants primarily received news and information from family and friends, followed by television and radio.

Violence and Harassment: Government officials and private citizens used threats and violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. According to RSF, NDS officials arrested Radio Bayan journalist Mahboboalah Hakimi on July 1. Two days after Hakimi’s arrest, the NDS released a video of Hakimi confessing to posting a video critical of the president, an action he had previously denied, and apologizing to the president. Following Hakimi’s release, he alleged the NDS tortured him and forced him to record his confession.

RSF also reported that authorities had harassed Pajhwok Afghan News agency, including through NDS interrogations of its director, following its June 22 reporting that ventilators intended to respond to the COVID-19 outbreak had been stolen and illegally sold to a neighboring country.

At least six journalists were killed during the year, and another died under suspicious circumstances. According to the Afghanistan Journalists’ Council, as of September, three journalists were kidnapped, 12 were injured, and more than 30 were beaten or otherwise threatened.

The Taliban continued to threaten journalists, and civil society alleged the Taliban continued to attack media organizations. The Taliban warned media would be targeted unless they stopped broadcasting what it called “anti-Taliban statements.”

Increased levels of insecurity created a dangerous environment for journalists, even when they were not the specific targets of violence. A radio reporter was killed in police crossfire during a demonstration in Ghor Province on May 9. During the year several journalists reported attacks by unknown gunmen connected, they claimed, to their coverage of powerful individuals.

The law provides guidelines to address cases of violence against journalists, but these guidelines were not fully implemented. The guidelines created a joint national committee in Kabul, chaired by Second Vice President Sarwar Danesh and separate committees in provincial capitals, a coordination center to investigate and identify perpetrators of violence against journalists, and a support committee run by the NDS to identify threats against journalists. Press freedom organizations reported the committee met regularly during the year, referred cases to the Attorney General’s Office, and pushed for the resolution of cases, but it did not increase protection for journalists. A journalist advocacy organization reported that due to these pressures and the fact that many journalists were not paid for months at a time, many outlets closed during the year.

Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation. According to the Center for the Protection of Afghan Women Journalists, there were no female journalists in five of the country’s 34 provinces: Kunar, Logar, Nuristan, Paktika, and Uruzgan.

Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Ajmal Ahmady, Afghanistan Bank governor and economic advisor to the president, blocked journalists on his Twitter feed, reportedly for being publicly critical of him. Journalists and NGOs reported that, although the amended 2018 Access to Information Law provided an excellent regulatory framework, enforcement remained inconsistent and that noncompliant officials rarely were held accountable. Most requests for information from journalists who lacked influential connections inside the government or international media credentials were disregarded, and government officials often refused to release information, claiming it was classified. Many journalists asserted that First Vice President Amrullah Saleh’s statement that he would hold those who shared “disinformation” on the victims of the October 21 incident in Takhar criminally responsible was a restriction on freedom of speech.

Libel/Slander Laws: The penal code and the mass media law prescribe prison sentences and fines for defamation. Authorities sometimes used defamation as a pretext to suppress criticism of government officials.

National Security: Journalists complained government officials frequently invoked the national interest exception in the Access to Information law to avoid disclosing information.

Nongovernmental Impact: Some reporters acknowledged they avoided criticizing the insurgency and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.

Women in some areas of the country said their freedom of expression in choice of attire was limited by conservative social mores and sometimes enforced by Taliban in insurgent-controlled areas as well as religious leaders.

Internet Freedom

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

Media outlets and activists routinely used social media to discuss political developments, and Facebook was widely used in urban areas. The Taliban used the internet and social media to spread its messages. Internet usage remained relatively low due to high data prices, a lack of local content, and illiteracy.

There were many reports during the year of Taliban attempts to restrict access to information, often by destroying or shutting down telecommunications antennae and other equipment. In June, Human Rights Watch reported that in many Taliban-controlled areas, Taliban authorities limited usage of or otherwise banned smartphones, which generally restricted access to information.

Academic Freedom and Cultural Events

Academic freedom is largely exercised in government-controlled areas. In addition to public schooling, there was growth in private education, with new universities enjoying full autonomy from the government. Both government security forces and the Taliban took over schools to use as military posts.

The expansion of Taliban control in rural areas left an increasing number of public schools outside government control. The Taliban operated an education commission in parallel to the official Ministry of Education. Although their practices varied among areas, some schools under Taliban control reportedly allowed teachers to continue teaching but banned certain subjects and replaced them with Islamic studies; others provided only religious education. The Taliban continued to limit education for girls, especially for those past puberty. A Taliban commander told Human Rights Watch in Helmand Province, “Women’s education is to be banned [while] our country is occupied.”

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights; however, the government limited these freedoms in some instances.

Freedom of Peaceful Assembly

The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year; however, police sometimes fired live ammunition when attempting to break up demonstrations. Protests and rallies were also vulnerable to attacks by ISIS-K and the Taliban. Islamic State actors fired upon a political rally in Kabul on March 6, killing 32 and wounding at least 58, according to government estimates. Islamic State actors claimed to have detonated explosions during presidential inauguration ceremonies in Kabul on March 9, although no casualties were reported.

Freedom of Association

The constitution provides for the right to freedom of association, and the government generally respected it. The law on political parties requires political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. The law prohibits employees and officials of security and judicial institutions, specifically the Supreme Court, Attorney General’s Office, Ministry of Interior, Ministry of Defense, and NDS, from political party membership. Noncompliant employees are subject to dismissal.

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 generally respected these rights.

In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Social custom limited women’s freedom of movement without a male family member’s consent or a male relative chaperone. The greatest barrier to movement in some parts of the country remained the lack of security. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The Taliban regularly blocked highways completely or imposed illegal taxes on those who attempted to travel. Media reported the Taliban had blocked the highway between Kandahar and Uruzgan and on August 23 had notified private transportation companies operating in the area that the companies would be responsible for civilian deaths should they choose to travel on the road.

e. Status and Treatment of Internally Displaced Persons

Internal population movements continued during the year because of armed conflict and natural disasters, including avalanches, flooding, and landslides. The UN Office for the Coordination of Humanitarian Affairs reported more than 172,490 individuals fled their homes due to conflict from January to September 20. Most internally displaced persons (IDPs) left insecure rural areas and small towns to seek relatively greater safety and government services in larger towns and cities in the same province. Thirty of the country’s 34 provinces hosted IDP populations.

Limited humanitarian access because of the poor security situation caused delays in identifying, assessing, and providing timely assistance to IDPs, who continued to lack access to basic protection, including personal security and shelter. Many IDPs, especially in households with a female head, faced difficulty obtaining basic services because they did not have identity documents. Many IDPs in urban areas reportedly faced discrimination, lacked adequate sanitation and other basic services, and lived at constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. Women in IDP sites reported high levels of domestic violence. Limited opportunities to earn a livelihood following the initial displacement often led to secondary displacement, making tracking of vulnerable persons difficult. Even IDPs who had access to local social services sometimes had less access than their non-IDP neighbors, due to distance from the services or other factors. Severe flooding and landslides on August 26 in Parwan Province killed 190 individuals and destroyed nearly 4,000 houses. Media reported that on August 27, the Taliban killed four civilian internally displaced survivors of the floods during clashes with the ANDSF.

Intense fighting in Helmand Province in October resulted in the displacement of thousands of families over a period of just two weeks, reported the AIHRC. The UN Office for the Coordination of Humanitarian Affairs estimated 35,000 individuals were displaced but had only been able to confirm an estimated 14,000 IDPs because deteriorating security conditions interrupted phone service and prevented access.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: The government’s ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.

The IOM reported undocumented Afghan returns from Iran and Pakistan totaled 449,213 from January 1 to August 15, with 447,206 from Iran and 2,007 from Pakistan. Registered Afghan refugee returns from Pakistan slowed to historically low levels during the year, with just 551 returns as of August 25, in part because UNHCR suspended assisted returns between March 17 and August 10 due to COVID-19 and border closures impeded travel.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. Nonetheless, UNHCR registered and provided protection for approximately 170 refugees and 250 asylum seekers in urban areas throughout the country. UNHCR also provided protection for 72,000 persons of concern who fled Pakistan in 2014 and resided in the provinces of Khost and Paktika.

g. Stateless Persons

NGOs noted the lack of official birth registration for refugee children in the country as a significant problem and protection concern, due to the risk of statelessness and potential long-term disadvantage.

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Anti-Semitism

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

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

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

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

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

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

Members of National/Racial/Ethnic Minority Groups

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

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

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

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

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

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

HIV and AIDS Social Stigma

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

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.

Detainee’s 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.).

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.

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.).

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

There were numerous reports that the illegitimate Maduro regime committed arbitrary or unlawful killings. Although the regime did not release statistics on extrajudicial killings, nongovernmental organizations (NGOs) reported that national, state, and municipal police entities, as well as the armed forces and regime-supported colectivos, carried out thousands of such killings during the year.

The Public Ministry is responsible for initiating judicial investigations of security force abuses. The Office for Protection of Human Rights in the Public Ministry is responsible for investigating cases involving crimes committed by public officials, particularly security officials. There was also no official information available on the number of public officials prosecuted, convicted, or sentenced to prison for involvement in extrajudicial killings, which, in the case of killings committed by police, were often classified as “resistance to authority.”

On August 20, FAES officers shot and killed journalists Andres Nieves Zacarias and Victor Torres during a raid at the headquarters of Guacamaya TV in Zulia State. Torres’ father, the director of the television station, stated FAES officers then seized all of the station’s audiovisual equipment and planted weapons on the victims’ bodies to simulate an alleged confrontation. Illegitimate regime attorney general Tarek William Saab called the homicides extrajudicial killings, and four FAES officers were arrested in connection with the killings.

The illegitimate regime attorney general reported that from 2017 to July, one officer was convicted of homicide for killings in the context of security operations. The regime did not release details on the officer’s conviction or other investigations of security officers involved in killings. The OHCHR found that investigations of human rights violations committed by regime security forces were hampered by its refusal to cooperate, tampering with evidence, judicial delays, and harassment of relatives of victims. According to NGOs, prosecutors occasionally brought cases against perpetrators of extrajudicial killings, but prosecutions often resulted in light sentences, and convictions were often overturned on appeal. In many cases the regime appeared to be scapegoating low-level functionaries while allowing high-level officials who issued the illegal orders to continue in their positions.

A UN Independent International Fact-Finding Mission (FFM) on Venezuela report released in September stated that extrajudicial killings were committed by officers belonging to the military, police, and intelligence services, including in more recent years by FAES and the National Scientific Criminal and Investigative Corps (CICPC) officers. The FFM asserted that some high-level authorities had knowledge of and contributed to the crimes, while others who knew or should have known of the crimes did not take measures to prevent or stop them. Victims were typically young men, targeted due to alleged criminal activity, revenge, or mistaken identity, who were shot and killed in their homes or neighborhoods. Media and NGOs reported security forces attempted to cover up extrajudicial killings by planting evidence or altering crime scenes to suggest an altercation or attempted escape by the victim. The FFM concluded there were reasonable grounds to believe that authorities and security forces planned and executed serious human rights violations, including killings, some of which amounted to crimes against humanity, since 2014. The FFM report also stated there were reasonable grounds to believe that Maduro and other regime officials either ordered, contributed to, or were involved in the commission of the crimes and human rights abuses documented in the FFM report.

b. Disappearance

The NGOs Foro Penal and Robert F. Kennedy Human Rights documented 753 enforced disappearances of political detainees between 2018 and June 2020. An OHCHR investigation found that almost all individuals detained by the Directorate General of Military Counterintelligence (DGCIM) were subjected to enforced disappearances for periods of seven to 40 days after their arrest, raising their risk of also becoming victims of torture and abuse. The illegitimate Maduro regime continued to deny requests by the UN Working Group on Enforced or Involuntary Disappearances to visit the country to conduct an investigation.

On March 10, FAES officers detained National Assembly (AN) deputy Renzo Prieto and two assistants, without a warrant for their arrest, after the three participated in a protest in support of interim president Guaido. The illegitimate Maduro regime authorities did not disclose Prieto’s location, nor did they allow any form of communication between Prieto and his family or lawyers during his detention. Prieto’s family expressed significant concern for his state of health, due to an injury that required urgent surgical care and risk of contracting COVID-19. While in regime custody, Prieto stated he was forced to sleep on the floor in a frigid, windowless, four-by-eight-foot cell with five other detainees. On August 31, Prieto was released. Prieto previously had been in regime detention from 2014 to 2018, also after participating in a protest, in what the UN Working Group on Arbitrary Detention concluded was an arbitrary arrest.

The illegitimate Maduro regime arrested AN deputy Gilber Caro in December 2019, his third detention since 2017, and did not reveal his location or permit contact with his lawyer until January 21. On August 31, he was released.

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

Although the constitution and law prohibit such practices, there were credible reports that Maduro-aligned security forces tortured and abused detainees. According to the illegitimate Maduro regime, as of May, 26 individuals had been convicted of torturing or abusing detainees.

The regime-aligned Office of the Human Rights Ombudsman did not publish statistics regarding allegations of torture by police during the year. Several NGOs detailed cases of widespread torture and “cruel, inhuman, and degrading treatment.” Human rights groups reported the regime continued to influence the attorney general and public defenders to conduct investigations selectively and subjectively. No official data were available on investigations, prosecutions, or convictions in cases of alleged torture. The NGO Foro Penal maintained that hundreds of cases were not reported to government institutions because victims feared reprisal. The OHCHR found that in some cases doctors issued false or inaccurate medical reports not disclosing signs of torture.

Press and NGOs reported that beatings and humiliating treatment of suspects during arrests were common and involved various law enforcement agencies and the military controlled by the illegitimate Maduro regime. Torture and other cruel, inhuman, or degrading treatment or punishment of prisoners were also reported during the year. Regime-aligned authorities reportedly subjected detainees to asphyxiation, electric shock, broken bones, being hung by their limbs, and being forced to spend hours on their knees. Detainees were also subjected to cold temperatures, sensory deprivation, and sleep deprivation; remained handcuffed for extended periods of time; and received death threats to themselves and their relatives. Detainees reported regime-aligned security forces moved them from detention centers to houses and other clandestine locations where abuse took place. Cruel treatment frequently involved illegitimate regime authorities denying prisoners medical care and holding them for long periods in solitary confinement. The latter practice was most prevalent with political prisoners. NGOs detailed reports from detainees who were victims of sexual and gender-based violence by regime-aligned authorities. The FFM found that regime-aligned security forces, specifically the Bolivarian National Intelligence Service (SEBIN) and DGCIM, subjected detainees to torture and cruel, inhuman, and degrading treatment, and that high-level regime officials committed, ordered, or contributed to the abuses or were aware of their activities and failed to prevent or stop them.

Foro Penal reported multiple instances of political prisoners denied adequate medical treatment while in regime custody. Foro Penal noted instances in which regime authorities transferred detainees to a medical facility, where instead of receiving treatment, they were interrogated by security officials. PROVEA identified 574 cases of torture by regime-aligned security forces in 2019, resulting in the deaths of at least 23 individuals. NGOs reported that members of the military represented a growing number of victims of torture, such as retired naval captain Rafael Acosta Arevalo, who died of injuries sustained from torture while in regime custody in June 2019.

Political activist Vasco Da Costa, who had been detained in the Ramo Verde military prison despite being a civilian, was released in August 2019 after more than two years in regime custody. Da Costa described extended periods of torture at the hands of the DGCIM, including use of electric shocks, simulated drownings, and beatings to the feet and stomach to the point that he lost control of his bowels. According to Da Costa, prison guards systematically beat and mutilated detainees according to the detainees’ occupations, targeting the legs of soldiers, the hands of a surgeon who was arrested because he was the spouse of a soldier wanted by the regime, and in the case of Da Costa, his eyes due to his role as an academic.

Impunity was a significant problem in the security forces. Despite continued reports of police abuse and involvement in crime, particularly in the activities of illegally armed groups, including illegal and arbitrary detentions, extrajudicial killings, kidnappings, and the excessive use of force, the illegitimate Maduro regime took no effective action to investigate officials who committed human rights abuses. Corruption, inadequate police training and equipment, and insufficient central government funding, particularly for police forces in states and municipalities governed by opposition officials, reduced the effectiveness of the security forces. NGOs noted that many victims did not report violent crimes to police or other regime authorities due to fear of retribution or lack of confidence in police. The regime, backed by Cuban security force members embedded in Maduro’s security and intelligence services, refused to cede power, preventing the interim government from taking action.

Prison and Detention Center Conditions

Most prison conditions were harsh and life threatening due to gross overcrowding, food shortages, inadequate sanitary conditions and medical care, systemic violence, and poor infrastructure.

Physical Conditions: According to the NGO A Window to Liberty (UVL), prison capacity was approximately 19,000 inmates for penitentiaries and 5,000 for police station jails. Conditions were most acute in pretrial detention facilities such as police station jails. Overcrowding was 172 percent for penitentiaries and 415 percent for police station jails on average, although the NGO Venezuelan Observatory for Prisons (OVP) noted that in some jails the overcrowding ranged from 800 to 1,200 percent. Overcrowding and generally unsanitary conditions placed prisoners at increased risk of contracting respiratory diseases such as tuberculosis and COVID-19.

There were two women’s prisons, one each in the states of Miranda and Zulia. The law stipulates women in mixed prisons must be held in annexes or separate women’s blocks. A local NGO reported that male and female prisoners intermingled. Illegitimate Maduro regime security forces and law enforcement authorities often held minors together with adults, although separate facilities existed. Because institutions were filled beyond capacity, hundreds of children accused of infractions were confined in juvenile detention centers, where they were reportedly crowded into small, unsanitary cells.

The CICPC detention facility, police station jails, and detention centers also were overcrowded, causing many police station offices to be converted into makeshift prison cells. Long delays in court proceedings and prison transfers created a parallel system that held prisoners in police station jails, in some cases for years, although these facilities were designed to hold individuals only for 48 hours. Prisoners reportedly took turns sleeping on floors and in office chairs, and sanitation facilities were inadequate or nonexistent. A UVL study of 248 facilities holding pretrial detainees revealed 315 percent overcrowding. The UVL also found that 5 percent of facilities provided medical services, more than 90 percent did not have potable water, 50 percent did not have regular trash collection or proper restrooms, and 35 percent lacked electricity.

The National Guard (GNB) and the Ministry of Interior, Justice, and Peace have responsibility for prisons’ exterior and interior security, respectively. The illegitimate Maduro regime failed to provide adequate prison security. The OVP estimated a staffing gap of 90 percent for prison security personnel, with one guard for every 100 inmates, instead of one for every 10 as recommended by international standards. Armed gangs, known as pranes, exercised de facto control within some prisons.

According to the UVL and OVP, between March and August, 287 prisoners died in prisons and jails, more than double the number compared with the same period in 2018. Some deaths resulted from prison and detention center riots. For example, on May 1, GNB officers opened fire on prisoners during a riot at the Los Llanos penitentiary in Portuguesa State, leaving 47 prisoners killed and 67 injured. Illegitimate regime Minister of Prisons Iris Varela claimed the riot began as an attempted prison escape, an account disputed by inmates and their family members, who stated the prisoners were protesting malnutrition. Media reported the prison, which was designed for 750 prisoners, held at least 2,500 inmates. AN members called the violence a massacre, and human rights NGOs and the OHCHR called for an investigation. The illegitimate Maduro regime charged 10 persons for their involvement in the violence.

The OVP reported inmate deaths due to generally unsanitary and unsafe conditions prevalent in prisons, with 73 percent the result of tuberculosis and malnutrition. The OVP reported that due to inadequate nutrition and lack of potable water, stomach illnesses were common among inmates. The UVL reported that in more than 90 percent of detention facilities, prisoners depended upon family visits to supply them with food, water, and medicine. Media reported prison guards regularly stole food families purchased for inmates. Prisoners were unable to meet their basic needs when illegitimate Maduro regime authorities suspended family visits to prisons and detention centers on April 2 due to the COVID-19 pandemic. A study by the NGO Solidarity Action found prison rules resulted in the isolation of those with HIV/AIDS in “inadequate spaces without food and medical attention.” The OVP reported a generalized lack of medical care, drugs, equipment, and physicians for prisoners. Inmates often received the same pills regardless of their symptoms, and pregnant women lacked adequate facilities for medical attention.

Administration: The illegitimate regime’s Ministry of Penitentiary Services did not respond to requests from the OVP, UVL, other human rights organizations, inmates, or families regarding inmates or investigations of the harsh conditions that led to hunger strikes, violent uprisings, and massacres.

Prisoners and detainees generally had access to visitors, including some with overnight privileges, until authorities suspended family visits in April due to the COVID-19 pandemic. In some cases prison officials harassed or abused visitors. For political prisoners, prison officials imposed significant restrictions on visits by family and legal representation. When allowed access, visitors were at times subjected to strip searches.

Independent Monitoring: Human rights observers experienced lengthy delays and restrictions in gaining access to prisons and detention centers. More than 300 lay members from the Venezuelan Episcopal Conference of the Roman Catholic Church volunteered in 40 prisons. Although prohibited from formally entering prisons, Catholic laity visited prisoners on family visitation days. As of September the OHCHR had conducted 15 visits of 13 detention centers.

d. Arbitrary Arrest or Detention

The constitution prohibits the arrest or detention of an individual without a judicial order and provides for the accused to remain free while being tried, but judges and prosecutors often disregarded these provisions. The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but the illegitimate Maduro regime generally did not observe this requirement. While NGOs such as Foro Penal, the Committee for the Families of Victims of February-March 1989, the Institute for Press and Society, Espacio Publico, and PROVEA noted at least 2,000 open cases of arbitrary detentions, illegitimate Maduro regime authorities rarely granted them formal means to present their petitions. Regime authorities arbitrarily detained individuals, including foreign citizens, for extended periods without criminal charges.

Arrest Procedures and Treatment of Detainees

While a warrant is required for an arrest, detention is permitted without an arrest warrant when an individual is apprehended in the act of committing a crime or to secure a suspect or witness during an investigation. Police often detained individuals and raided their homes without a warrant. The OHCHR found that in several cases the illegitimate Maduro regime issued warrants retroactively or forged the warrant’s date of issuance. The law mandates that detainees be brought before a prosecutor within 12 hours and before a judge within 48 hours to determine the legality of the detention; the law also requires that detainees be informed promptly of the charges against them. The regime routinely ignored these requirements.

Although the law provides for bail, release on bail is not afforded to persons charged with certain crimes. Bail also may be denied if a person is apprehended in the act of committing a crime or if a judge determines the accused may flee or impede the investigation. The law allows detainees access to counsel and family members, but that requirement was often not met, particularly for political prisoners. The constitution also provides any detained individual the right to immediate communication with family members and lawyers who, in turn, have the right to know a detainee’s whereabouts. A person accused of a crime may not be detained for longer than the possible minimum sentence for that crime or for longer than two years, whichever is shorter, except in certain circumstances, such as when the defendant is responsible for the delay in the proceedings. The regime routinely ignored these requirements.

Arbitrary Arrest: Foro Penal reported 281 cases of arbitrary detention between January 1 and July 31.

On May 9, illegitimate regime security forces arrested Junior Pantoja, a former city councilman and soup-kitchen manager, during a violent police confrontation with armed gangs in a Caracas neighborhood. Pantoja’s relatives and neighbors, as well as AN, called the arrest arbitrary and politically motivated due to his role as a community leader. Pantoja’s lawyer claimed security forces planted five bullets on Pantoja in order to arrest him for gang-related activity and arms trafficking. On June 24, he was released and on August 23, he died of a respiratory infection after his health deteriorated while in regime custody.

On October 4, the illegitimate Maduro regime, without providing explanation, prevented interim president Juan Guaido’s chief of staff, Roberto Marrero, from boarding a flight to Spain. Marrero had been released from regime custody on August 31, following his March 2019 arrest and months of arbitrary judicial delays. Media reported contradictory and conflicting evidence submitted by prosecutors–including allegations that rifles and a grenade were planted at Marrero’s residence on the day of his arrest. Marrero was charged with conspiracy, treason, and weapons smuggling. Many international entities, including the Lima Group and the EU, condemned Marrero’s 2019 arrest as politically motivated.

Pretrial Detention: Pretrial detention remained an egregious problem. According to the UVL, approximately 70 percent of the prison population was in pretrial detention. The NGO Citizen Observatory of the Penal Justice System attributed trial delays to the shortage of prosecutors and penal judges.

Despite constitutional protections that provide for timely trials, judges reportedly scheduled initial hearings months after the events that led to the detention. Proceedings were often deferred or suspended when an officer of the court, such as the prosecutor, public defender, or judge, failed to attend. Prisoners reported to NGOs that a lack of transportation and disorganization in the prison system reduced their access to the courts and contributed to trial delays.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, but the judiciary lacked independence and generally judged in favor of the illegitimate regime at all levels. There were credible allegations of corruption and political influence throughout the judiciary. According to reports from the Inter-American Commission on Human Rights (IACHR), more than 75 percent of all judges had provisional appointments and were subject to removal at will by the Supreme Court (TSJ) Judicial Committee. Provisional and temporary judges, who legally have the same rights and authorities as permanent judges, allegedly were subjected to political influence to make proregime determinations. The OHCHR reported that lower courts received instructions from the TSJ on cases, especially those of a political nature, and observed that TSJ decisions related to the AN were inconsistent and raised concerns regarding politicization. Low salaries for judges at all levels increased the risk of corruption.

There was a general lack of transparency and stability in the assignments of district attorneys to cases and a lack of technical criteria for assigning district attorneys to criminal investigations. These deficiencies hindered the possibility of bringing offenders to justice and resulted in a 90 percent rate of impunity for common crimes and a higher percentage of impunity for cases of alleged human rights abuses.

Trial Procedures

The law provides for the right to a fair and public trial with oral proceedings for all individuals. By law defendants are considered innocent until proven guilty. The law requires that detainees be informed promptly of the charges against them, but the requirement was often ignored and, even when respected, involved dubious allegations, according to human rights organizations. Defendants have the right to consult with an attorney. According to the Office of the Human Rights Ombudsman, there were approximately 1,300 public defenders, but indigent defendants’ right to free counsel was often not respected because of attorney shortages. Free interpretation was often not available to defendants. Some NGOs provided pro bono counsel to defendants.

Defendants may request no fewer than 30 days and no more than 45 days to prepare their defense. Defendants have the right to question adverse witnesses and present their own witnesses. By law defendants may not be compelled to testify or confess guilt. Defendants and plaintiffs have the right of appeal. The OHCHR documented cases in which the illegitimate Maduro regime prevented lawyers from meeting with defendants and denied them confidentiality or access to case files.

Trial delays were common. Trials in absentia are permitted in certain circumstances, although opponents of the procedure claimed the constitution prohibits such trials. The law also states that, in the absence of the defense attorney, a trial may proceed with a public defender whom the court designates. The law gives judges the discretion to hold trials behind closed doors if a public trial could “disturb the normal development of the trial.”

On November 8, the TSJ convicted judge Maria Lourdes Afiuni of “spiritual corruption,” an offense that does not exist under criminal law, and sentenced her to five years’ imprisonment. Human rights NGOs and lawyers called the charges fabricated and an attempt to coerce other judges to take action against opposition politicians. In 2009 authorities arrested Afiuni on charges of corruption and abuse of authority for her decision to release a businessman who had been held in pretrial detention beyond the maximum time prescribed by law. Following her release to house arrest in 2011, regime-aligned authorities limited her movements and ability to speak to the press before granting her an unconditional release in July 2019.

The law mandates that municipal courts handle “less serious” crimes, i.e., those carrying maximum penalties of imprisonment of fewer than eight years. Municipal courts may levy penalties that include three to eight months of community service. Besides diverting some “less serious” crimes to the municipal courts, this diversion also permits individuals accused of “lesser crimes” to ask the courts to suspend their trials conditionally in exchange for their admission of responsibility, commitment to provide restitution “in a material or symbolic form,” community service, or any other condition imposed by the court.

The law provides that trials for military personnel charged with human rights abuses after 1999 be held in civilian rather than military courts. In addition, under the Organic Code of Military Justice, an individual may be tried in the military justice system for “insulting, offending, or disparaging the national armed forces or any related entities.” NGOs and the IACHR expressed concern with the regime’s practice of trying civilians under the military justice system for protests and other actions not under military jurisdiction. According to Foro Penal, since 2014 military courts had processed 870 civilians.

Political Prisoners and Detainees

The illegitimate Maduro regime used the judiciary to intimidate and prosecute individuals critical of regime policies or actions. Foro Penal reported 351 political prisoners in regime custody as of December 28, compared with 388 political prisoners at the end of 2019. The regime routinely held political prisoners in SEBIN installations or the Ramo Verde military prison without an explanation of why they were not being held in civilian detention facilities.

On August 31, the illegitimate Maduro regime announced the “pardon” of 110 political prisoners. These pardons were conditional, with regime officials threatening to rescind the benefit if any individuals “return to any act of terrorism, violence, or coup mongering,” as arbitrarily determined by the regime. According to Foro Penal, however, only 50 of those named were in regime custody at the time. Of the prisoners, 23 had already been released, and the remaining 37 were AN deputies either in exile, in foreign embassy asylum in Caracas, or facing prosecution. Media and NGOs noted that since most on the list were not duly convicted or even charged with any crime, the move was a dismissal rather than a pardon. The list did not include any members of the military, although they represented 20 percent of political prisoners, according to Foro Penal. On September 7, regime attorney general Tarek William Saab encouraged the released detainees to participate in the December 6 parliamentary elections, but he warned they would be rearrested if found to have committed additional “crimes.”

On March 15, SEBIN officers arrested AN deputy Tony Geara. Geara was charged with financing terrorism and weapons trafficking after he posted comments on social media noting that a local hospital did not have running water. Media reported in August that Geara tested positive for COVID-19 while in SEBIN custody in Bolivar State. On August 31, Geara was released.

On August 28, AN deputy Juan Requesens was released to house arrest after being detained for more than two years for his alleged involvement in an attempted assassination of Maduro. International observers criticized irregularities in Requesens’ trial, which was marred by lengthy judicial delays as well as a lack of transparency and legal due process.

On October 14, opposition party leader Leopoldo Lopez fled to Spain after more than one year inside the Spanish embassy in Caracas. He previously escaped house arrest during mass demonstrations in April 2019, and in May 2019 the illegitimate Maduro regime issued a warrant for his arrest. Lopez was notably not included in the August 31 “pardon” of political prisoners.

In 2017 the head of state-owned oil company PDVSA summoned six executives of U.S.-based subsidiary CITGO to Venezuela for an emergency budget meeting: U.S. citizens Tomeu Vadell, Gustavo Cardenas, Jorge Toledo, Alirio Jose Zambrano, and Jose Luis Zambrano and U.S. Legal Permanent Resident Jose Angel Pereira (collectively known as the CITGO-6). Upon their arrival in Caracas, they were detained by masked security agents; charged with embezzlement, money laundering, and criminal association for an alleged deal they signed to restructure CITGO bonds; and confined in one of the country’s most dangerous prisons. After their initial appearance before a judge was cancelled dozens of times during three years, the trial of the six began in August. On November 21, they were convicted and sentenced as soon as closing arguments concluded to terms of eight to 13 years in prison. Their cases were marred by a lack of legal due process and based on politically motivated charges. The illegitimate regime denied media and human rights groups access to the trial.

Politically Motivated Reprisal against Individuals Located Outside the Country

There were credible reports that the illegitimate Maduro regime attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. On October 22, the TSJ issued an extradition request for Ivan Simonovis, former political prisoner and sitting interim government commissioner for security. The regime charged Simonovis with the attempted murder of Maduro, treason, terrorism, and weapons trafficking. Simonovis escaped from house arrest in May 2019 and fled the country.

Civil Judicial Procedures and Remedies

While there are separate civil courts that permit citizens to file lawsuits seeking damages, there are no procedures for individuals or organizations to seek civil remedies for human rights abuses.

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

The constitution provides for the inviolability of the home and personal privacy, but the illegitimate regime generally failed to respect these prohibitions. In many cases, particularly regarding the political opposition, regime-aligned authorities searched homes without judicial or other appropriate authorization, seized property without due process, or interfered in personal communications. FAES and other security forces regularly conducted both politically motivated and indiscriminate household raids. Throughout the year media reports documented raids by security forces on the homes of opposition party politicians and their relatives.

State surveillance remained rampant, including through the assistance of telecom regulator the National Telecommunications Commission (CONATEL) and state-run telecommunications provider CANTV. In February 2019 the interim government created a website for volunteers to participate in the delivery of international humanitarian aid. CANTV manipulated the Domain Name System to redirect visitors to a fake website registered to CONATEL that was designed to phish visitors’ personal information. Further, telecommunications companies reportedly assisted the government in monitoring communications of political opponents. Technical attacks against media outlets appeared to be linked to the armed forces.

China, through its telecommunications corporation ZTE (Zhongxing Telecommunication Equipment Corporation), provided the government with the technology to monitor citizens’ social, political, and economic behavior through an identity card called carnet de la patria (homeland card). To force citizens to comply, the Maduro regime made it obligatory to present the card to obtain social services, including pensions, medicine, food baskets, and subsidized fuel. Citizens essentially had no choice but to obtain and use the card despite the known tracking methods. Chinese companies such as Huawei and the China National Electronics Import-Export Company were also supporting financially and technologically these surveillance methods.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the combination of laws and regulations governing libel, slander, and media content as well as legal harassment, physical intimidation of individuals and media, and executive influence on the judiciary resulted in significant repression of these freedoms. National and international groups, such as the IACHR, Human Rights Watch, Freedom House, Inter American Press Association, Reporters without Borders, and Committee to Protect Journalists, condemned illegitimate Maduro regime efforts throughout the year to restrict press freedom and create a climate of fear and self-censorship.

Freedom of Speech: The law makes conviction of insulting the president punishable by six to 30 months in prison without bail, with lesser penalties for insulting lower-ranking officials. In 2017 the illegitimate Constituent National Assembly (ANC) gave final approval to the Constitutional Law against Hate, for Political Coexistence and Tolerance, which stipulates prison sentences of up to 20 years. While the regime stated the purpose of the law was to “promote peace and tolerance,” NGOs observed the vaguely written law could be used to silence political parties, activists, and civil society leaders as well as media outlets and journalists. Conviction of exposing another person to public contempt or hatred is punishable by prison sentences of one to three years and fines. Espacio Publico reported 795 violations of freedom of expression, including 135 arrests, between January and August.

The illegitimate Maduro regime threatened, harassed, and arrested journalists, opposition politicians, and health-care workers for speaking out regarding COVID-19 and the response to the pandemic. Espacio Publico documented at least 59 arrests by September for COVID-19 coverage.

On March 17, the DGCIM detained medical doctor Ruben Duarte for publishing a video deploring the lack of supplies and personal protective equipment (PPE) at the San Cristobal Central Hospital. In August the NGO United Doctors for Venezuela reported at least 12 health-care workers were arrested for demanding PPE. Doctors, nurses, and other health-care professionals, who feared for their own and others’ safety by working without PPE, reported they also faced regime repression for failing to appear for work.

Freedom of Press and Media, Including Online Media: The law provides that conviction of inaccurate reporting that disturbs the public peace is punishable by prison terms of two to five years. The requirement that media disseminate only “true” information was undefined and open to politically motivated interpretation.

The law prohibits all media from disseminating messages that incite or promote hate or intolerance for religious, political, gender-related, racial, or xenophobic reasons; incite, promote, or condone criminal acts; constitute war propaganda; foment anxiety in the population or affect public order; do not recognize legitimate government authorities; incite homicide; or incite or promote disobedience of the established legal order. Penalties range from fines to the revocation of licenses. The threat of nonrenewal of operating licenses systematically led to self-censorship on the part of several media outlets.

Despite such laws, Maduro and the regime-aligned United Socialist Party of Venezuela (PSUV) used the nearly 600 regime-owned or -controlled media outlets to insult and intimidate the political opposition throughout the year. ANC president Diosdado Cabello continued to use his weekly television program to denounce individual journalists and media outlets.

The law declares telecommunications a “public interest service,” thereby giving the government authority to regulate the content and structure of radio, television, and audiovisual production sectors. The law provides that the government may suspend or revoke licenses when it judges such actions necessary in the interests of the nation, public order, or security. The law empowers the government to impose heavy fines and cancel broadcasts for violations of its norms; CONATEL oversees the law’s application.

The illegitimate Maduro regime continued legal actions against high-profile independent media outlets Tal Cual, El Nacional, El Nuevo Pais, La Patilla, El Pitazo, and Globovision. Following the shuttering of DirecTV’s operations on May 19, the TSJ ordered the seizure of all property and equipment of DirecTV and banned DirecTV’s executives from leaving the country. On August 14, DirecTV resumed operations, although multiple regime-independent outlets reported challenges–including veiled threats, outright blocks, and fines–preventing them from broadcasting freely over DirecTV when service was re-established.

The illegitimate Maduro regime-owned and -influenced media provided almost continuous proregime programming. In addition private and public radio and television stations were required to transmit mandatory nationwide broadcasts throughout the year, including a daily 15-minute news broadcast that provided reports and summaries of regime activities. Media reported the GNB regularly barred journalists from covering AN debates and activities. The country’s online independent newspapers were frequently blocked by CANTV. NGOs noted that regime-owned internet service provider CANTV also routinely blocked commercial streaming and web searches during interim president Guaido’s speeches and during weekly AN sessions. On January 5, CANTV restricted access to social media on the same day as a leadership vote in the AN, while security forces blocked lawmakers and media from accessing the premises.

The illegitimate regime arbitrarily detained 28 journalists from January to July, according to the national journalists’ union.

Media and NGOs reported increased repression and intimidation of journalists following the emergence of COVID-19. Despite a specific exception permitting travel for members of the press during quarantine, the illegitimate Maduro regime limited the freedom of movement of journalists.

On March 21, FAES officers arrested freelance journalist Darvinson Rojas and his family for inciting hatred. Rojas’ reporting questioned figures published by the illegitimate Maduro regime regarding COVID-19 cases. On August 2, the illegitimate regime granted Rojas a conditional release. DGCIM officers arrested Nicmer Evans on July 13, also for inciting hatred. NGOs and journalists called the arrest a retaliation against Evans due to his role as the founder and director of news site Punto de Corte, which frequently published articles critical of the regime. On August 31, Evans was released.

The law requires practicing journalists to have journalism degrees and be members of the National College of Journalists, and it prescribes jail terms of three to six months for those practicing the profession illegally. These requirements are waived for foreigners and opinion columnists.

Violence and Harassment: Senior national and state leaders of the illegitimate Maduro regime continued to harass and intimidate privately owned and opposition-oriented television stations, media outlets, and journalists by using threats, property seizures, administrative and criminal investigations, and prosecutions. The national journalists’ union reported 260 attacks on journalists from January to August. On February 11, regime supporters and colectivos attacked at least 12 journalists covering the return of interim president Guaido from an international tour. Maduro and illegitimate regime-aligned officials used regime-controlled media outlets to accuse private media owners, directors, and reporters of fomenting antiregime destabilization campaigns and coup attempts. Regime officials also harassed foreign journalists working in the country.

Censorship or Content Restrictions: NGOs noted the illegitimate Maduro regime’s preference for using legal proceedings, financial sanctions, and administrative actions against unfavorable news outlets instead of shutting them down outright. Members of the independent media stated they regularly engaged in self-censorship due to fear of regime reprisals. This resulted in many journalists posting articles to their personal blogs and websites instead of publishing them in traditional media.

The regime also exercised control over content through licensing and broadcasting requirements. CONATEL acted selectively on applications from private radio and television broadcasters for renewal of their broadcast frequencies. According to Nelson Belfort, former president of the Venezuelan Radio Chamber, and NGO reports, approximately 80 percent of radio stations were in “illegal” status throughout the country due to CONATEL’s not having renewed licenses for most radio stations since 2007.

According to the local journalists’ union, print news outlets closed due to the illegitimate Maduro regime’s economic policies, which made it difficult for independent newspapers to access foreign currency, preventing many from purchasing critical supplies and equipment necessary for day-to-day business operations. In January, 16 print outlets suspended circulation, generally for lack of supplies, and at least 200 media outlets had been blocked, censored, or closed by May.

The illegitimate Maduro regime controlled a large portion of the country’s businesses and paid for advertising only with regime-owned or regime-friendly media.

A study by the NGO Institute for Press and Society (IPYS) found that more than five million citizens lived in “media deserts,” areas that had no access to print, television, radio, or digital media due to censorship, forced closures of television and radio stations, and reprisals against journalists. Access to information was most heavily restricted in border territories and indigenous communities.

Libel/Slander Laws: Regime-aligned officials engaged in reprisals against individuals who publicly expressed criticism of Maduro or regime policy. Maduro did not act on his 2017 announcement that he would use libel and slander laws to “defend his honor” in court against opposition leaders’ allegations that he was responsible for protest-related deaths. In October investigative journalist Clavel Rangel was forced to leave the country promptly after publishing an expose on corruption in Bolivar State. The subject of the report, a businessman with links to the regime, filed a defamation suit against Rangel, which would have prohibited her from discussing the case in media or leaving the country.

National Security: The law allows the government to suspend or revoke licenses when it determines such actions necessary in the interests of public order or security. The illegitimate Maduro regime exercised control over the press through a public entity, the Strategic Center for Security and Protection of the Homeland (CESPPA), established in 2013, which is similar to the governmental entity Center for National Situational Studies (CESNA) established in 2010. CESNA and CESPPA have similar mandates and are responsible for “compiling, processing, analyzing, and classifying” both regime-released and other public information with the objective of “protecting the interests and objectives of the state.”

During the year Maduro renewed three times the “state of alarm” issued on March 13, citing the COVID-19 pandemic, and granted himself the power to restrict rights otherwise provided for in the constitution. The 60-day emergency decree, which by law is renewable only once and requires AN endorsement to be effective, allows the president to block any action he deems could “undermine national security” or could “obstruct the continuity of the implementation of economic measures for the urgent reactivation of the national economy.” The regime also threatened, harassed, and arrested journalists, opposition politicians, and health-care workers for speaking out on COVID-19 and the response to the pandemic.

Nongovernmental Impact: Widespread violence in the country, often encouraged or left undeterred by the Maduro regime, made it difficult to determine whether attacks on journalists resulted from common criminal activity or whether criminals or others targeted media members.

Internet Freedom

The illegitimate Maduro regime restricted or disrupted access to the internet and censored online content. The illegitimate regime exercised broad control over the internet through the state-run CONATEL. The China National Electronics Import-Export Company provided the regime with cyber support, technical experts, and a suite of software and hardware that was a commercialized version of China’s “Great Firewall” to maintain online censorship, control information, and prevent the internal dissemination of content deemed undesirable by political leadership. Free Access, an NGO focused on freedom of expression and social justice, reported that CONATEL supported monitoring of private communications and repression of internet users who expressed dissenting opinions online. According to media reports, users of social networks accused CONATEL of monitoring their online activity and passing identifying information to regime intelligence agencies, such as SEBIN. According to Free Access, CONATEL provided information to SEBIN, including internet protocol addresses, which assisted illegitimate Maduro regime authorities in locating users.

The law puts the burden of filtering prohibited electronic messages on service providers, and it allows CONATEL to order service providers to block access to websites that violate these norms and sanctions service providers with fines for distributing prohibited messages. As of September the illegitimate Maduro regime blocked 40 websites and online platforms that contained information regarding COVID-19.

CONATEL’s director, Jorge Elieser Marquez Monsalve, reiterated the claims of his predecessors that CONATEL’s role is to enforce the law and prevent dissemination of illegal information or material unsuitable for children and adolescents. Nevertheless, the illegitimate Maduro regime continued to block internet sites that posted dollar- and euro-to-bolivar currency exchange rates differing from the illegitimate regime’s official rate, as well as cryptocurrency exchanges. The regime-controlled internet service provider CANTV facilitated blockages. According to IPYS and the VE Sin Filtro (VE without Filter) internet monitoring project sponsored by internet freedom watchdog Venezuela Inteligente, the regime blocked websites during events of public interest. Social media and video streaming sites such as Facebook, YouTube, and Periscope were blocked during the AN’s January 5 session and also during live speeches made by interim president Guaido throughout the year. In a September 15 televised address, Maduro denounced the news site Monitoreamos.com as an “enemy” and its journalists as “manipulators and bandits.” On September 16, internet service providers blocked access to the site.

Regime-aligned intelligence agencies, which lacked independent oversight, conducted surveillance for political purposes. Courts relied on evidence obtained from anonymous patriotas cooperantes (cooperating patriots) to harass perceived opponents of the illegitimate Maduro regime, and senior regime-aligned officials used personal information gathered by patriotas cooperantes to intimidate regime critics and human rights defenders. Users were arrested and criminally accused of actions such as tweeting information publicly available on webpages.

On August 28, internet providers blocked access to anticensorship tools to prevent health-care workers from accessing the Health Heroes financial assistance program announced by interim president Guaido, according to VE Sin Filtro. The group also found the financial platform used to distribute payments to health workers had been blocked and the illegitimate Maduro regime launched a phishing campaign that redirected users to a malicious site in order to capture their data.

Academic Freedom and Cultural Events

There were no substantiated reports of illegitimate Maduro regime restrictions on cultural events, but the regime imposed restrictions on academic freedom. Aula Abierta (Open Classroom), a local human rights NGO focused on academic freedom, reported the regime retaliated against opposition-oriented autonomous universities by providing insufficient funding and failing to adjust budgetary allocations to inflation. According to media reports, universities ran deep deficits, receiving less than 10 percent of the funds they budgeted to cover operating costs. In 2017 the National University Council, the government’s regulating body for university education, relinquished its functions to the ANC, disregarding the law requiring university autonomy. According to Aula Abierta, there were 151 security incidents, including fires, thefts, threats, and violence directed towards university students, professors, and school property.

The illegitimate Maduro regime continued to increase its control over local universities, including the admissions process.

In August 2019 the TSJ ordered the Central University of Venezuela to hold university elections in six months. The ruling, which applied to eight other public and private universities as well, stipulated the elected candidate must win in at least three of the five electoral sectors (teachers, students, graduates, administrative staff, and laborers) and must receive an absolute majority of votes. Students and university leaders called the ruling an attack on university autonomy, in violation of the constitution, and stated it would lead to the installation of regime-aligned sympathizers heading universities. On February 27, the TSJ announced a suspension of the ruling. University professors clarified that the suspension only removed the deadline imposed by the TSJ but left in place the changes to electoral process and granted the Ministry of University Education the power to oversee the elections.

On May 8, the Academy of Physical, Mathematical, and Natural Sciences issued a report that accused the illegitimate Maduro regime of underreporting COVID-19 infections. On May 13, PSUV vice president Diosdado Cabello announced an investigation into the academy and invited regime-aligned security forces to summon the report’s authors. Domestic research institutions and international organizations condemned Cabello’s actions as unacceptable intimidation, and interim president Guaido denounced the attack on the independence and academic freedom of researchers.

The illegitimate regime continued its practice, announced in 2018, of educational financial incentives for holders of the carnet de la patria, a regime-issued identity and social benefits card provided primarily to regime supporters (see section 3, Political Parties and Political Participation). NGOs and university students denounced the use of the card as a discriminatory policy that politicized the issuance of scholarships and restricted academic freedom.

b. Freedoms of Peaceful Assembly and Association

The illegitimate Maduro regime restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The constitution provides for the right of peaceful assembly, but the illegitimate Maduro regime generally repressed or suspended it. The law regulates the right to assembly. Human rights groups continued to criticize the law as enabling the regime to charge protesters with serious crimes for participating in peaceful demonstrations. Ambiguous language in the law also allows the illegitimate regime to criminalize organizations critical of it. Protests and marches require authorization from the regime in advance and are forbidden within designated “security zones.” Citizens organized sporadic and often spontaneous small-scale protests throughout the year to demand basic goods and services such as water, gasoline, and electricity. The political opposition and civil society organized marches to support interim president Juan Guaido and demand a transitional government and new presidential elections. The Venezuelan Observatory of Social Conflict (OVCS) documented 4,414 protests in the first six months of the year, 221 of which were repressed by regime-aligned security forces and armed groups. The OVCS documented 129 detentions, 62 injured, and two deaths during protests. An OHCHR investigation found three cases of torture and a sexual assault of protesters committed on May 20 by regime security forces in Lara State. Media reported a group of armed colectivos attacked protesters and journalists gathered at a protest convened on February 29 by interim president Guaido in Lara State.

NGOs and opposition deputies expressed concern that the illegitimate Maduro regime used quarantine restrictions as a form of social control to criminalize protests and silence critics. On May 23, FAES officers arrested Giovanny Meza and four others during a protest in Sucre State to demand water and electricity. Meza, who suffered from multiple sclerosis, had a seizure during his hearing. When the judge ordered a medical examination, doctors found that Meza showed signs of torture, including five broken ribs. Meza was charged with instigation to commit a crime, obstruction of public roads, possession of incendiary objects, and criminal association.

Freedom of Association

The constitution provides for freedom of association and freedom from political discrimination, but the illegitimate Maduro regime did not respect these rights. Although professional and academic associations generally operated without interference, a number of associations complained that the TSJ and the National Electoral Council (CNE), which is responsible for convoking all elections and establishing electoral dates and procedures, repeatedly interfered with their attempts to hold internal elections.

A 2016 presidential decree directed the Foreign Ministry to suspend international funding to NGOs when “it is presumed” the funding was used with “political purposes or for destabilization.”

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/international-religious-freedom-reports/.

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation; however, the illegitimate Maduro regime did not respect these rights.

In-country Movement: The illegitimate regime restricted the movement of certain opposition leaders, preventing them from traveling on regime-controlled airlines and refusing to allow them to board some domestic flights.

The “state of alarm” declared by Maduro in March to limit the spread of COVID-19 restricted freedom of movement and suspended social and business activities. The decree authorized regime-aligned security forces broad latitude and discretion to enforce the decree and conduct investigations. Media reported the illegitimate regime employed the armed forces, FAES, and armed colectivos to enforce quarantine measures. PROVEA documented an excessive use of force in implementing the lockdown, including arbitrary detentions, beatings, torture, and humiliating treatment for allegedly failing to comply with quarantine measures.

On March 17, the illegitimate regime suspended all international travel, although it authorized a number of humanitarian and repatriation flights. On March 16, restrictions were put in place to prevent travel among different states and cities. Many countries experienced severe difficulties in repatriating their citizens due to these restrictions.

Throughout the year high-level regime officials stigmatized returning citizens, blaming them for rising COVID-19 cases and calling them “bioterrorists” and “biological weapons.” On July 15, Maduro called on all citizens to report and apprehend returnees who crossed into the country through unofficial border crossings.

The illegitimate Maduro regime required returnees to spend a mandatory two-week quarantine period at shelters run by the armed forces at the border. Humanitarian organizations and interim government officials reported overcrowding and unsanitary conditions in quarantine shelters that increased the likelihood of COVID-19 transmission. Returnees held in these facilities suffered from insufficient food, water, electricity, and hygiene items, as well as physical insecurity that put vulnerable groups, particularly women and children, at risk of sexual violence and abuse. A COVID-19 diagnostic test was required for release from the quarantine shelters, but in view of the regime’s limited testing capacity, several returnees were held for as long as one month. Media reported returnees were kept from returning to their regions of origin and threatened by armed groups controlling the shelters not to report the poor conditions.

Media reported regime authorities blocked citizens from returning to the country. On June 6, the illegitimate Maduro regime adopted measures to limit the number of citizens returning to the country through the border with Colombia. Migrants were only allowed to return on three specific days a week, and regime authorities set a limit of 1,200-1,300 returnees weekly through Arauca, Cucuta, and Paraguachon. As of September more than 40,000 citizens waited to cross the border into the country through Cucuta, according to the Organization of American States (OAS) commissioner-general for the Venezuela refugee crisis David Smolansky. NGOs reported citizens unable to return to their country faced uncertain legal and financial statuses and were at high risk of victimization for crime, trafficking, and gender-based violence by criminal armed groups.

Following the illegitimate Maduro regime’s closure of official ports of entry, Venezuelans traveling into and out of the country had no choice but to use informal border crossings (trochas) that largely were controlled by illegal armed groups. While no official statistics were available, activists and NGOs reported citizens utilizing the trochas faced significant risks, such as gender-based violence and human trafficking, including forced labor and sexual servitude at the hands of criminal groups. Smugglers and human traffickers also sent refugees and migrants on dangerous sea journeys. In December at least 21 individuals attempting to flee the country and reach Trinidad and Tobago died when their boat capsized. Individuals were often subjected to debt bondage or forced to pay a form of taxation at the informal border crossing to illegal armed groups, increasing the vulnerability of migrants to labor exploitation, harassment, and sexual violence. Many were vulnerable to recruitment, sometimes forced, into drug trafficking rings or illegal and other armed groups.

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

Foreign Travel: Obtaining a passport became increasingly difficult during the year. Prospective applicants waited overnight in lines and often did not receive passports after years of delays. Several applicants reportedly paid several thousand U.S. dollars to obtain a passport. The illegitimate regime repeatedly seized passports from journalists, members of the opposition, and AN deputies at ports of entry without explanation as they attempted to depart the country.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The illegitimate regime did not cooperate with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: With the refugee status determination process centralized at the National Refugee Commission (CONARE) headquarters in Caracas, asylum seekers often waited years to obtain a final decision. During this period they had to continue renewing their documentation every three months to stay in the country and avoid arrest and deportation. While traveling to the commission’s headquarters, particularly vulnerable groups, including women with young children, the elderly, and persons with disabilities, faced increased personal risks such as arrest and deportation, extortion, exploitation, and sexual abuse by regime authorities at checkpoints and other locations.

Access to Asylum: The law provides for the granting of asylum or refugee status, and there is an established system for providing protection to refugees.

Access to Basic Services: Asylum seekers without legal residency permits had limited access to the job market, education, and health systems. The lack of documentation created significant difficulties in achieving sufficient protection and long-term integration. Illegitimate regime authorities permitted Colombian children to attend school but inconsistently granted them diplomas or certificates of completion without residency documentation, resulting in high dropout rates for Colombian children. In 2019 CONARE announced the creation of a border migration control card for refugees present in the country, similar to the carnet de la patria.

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, making it punishable if convicted by a prison term of eight to 14 years. A man may legally avoid punishment by marrying (before he is sentenced) the person he raped. The law allows authorities to consider alternative forms of punishment, including work release, for those convicted of various crimes, including rape, if they have completed three-quarters of their sentence.

The law criminalizes physical, sexual, and psychological violence in the home or community and at work, with increased penalties for intimate partner violence. The law punishes perpetrators of domestic violence with penalties for conviction ranging from six to 27 months in prison. The law requires police to report domestic violence to judicial authorities and obligates hospital personnel to notify authorities when admitting patients who are victims of domestic abuse. Police generally were reluctant to intervene to prevent domestic violence and were not properly trained to handle such cases. The law also establishes women’s bureaus at local police headquarters and tribunals specializing in gender-based violence, and two-thirds of states had specialized courts. The Public Ministry’s Women’s Defense Department employed a team of lawyers, psychiatrists, and other experts who dealt exclusively with cases of femicide, gender-related violence, and other crimes against women.

The illegitimate Maduro regime did not publish statistics on gender-based violence. The OHCHR reported a lack of due diligence in investigations of gender-based violence cases. According to NGOs, government efforts to protect victims of gender-based violence were ineffective or nonexistent. Enforcement of laws and access to justice were limited, as victims of gender-based violence reported a lack of progress and inability to follow up on cases after filing reports with authorities.

Many advocates observed there was a lack of public awareness among women regarding resources and support available to prevent and combat domestic violence. There were five shelters for victims of gender-based violence, most of which struggled to operate effectively due to a lack of financial resources. NGOs provided the majority of domestic abuse support services.

NGOs and media reported an increase of domestic abuse and gender-based violence during the COVID-19 pandemic. The NGO Woman Your Voice Has Power reported a 52 percent increase in domestic violence during the year. Between January and October, the NGO Utopix documented 217 femicides and an atmosphere of impunity for domestic abusers. On August 15, Mariana Lilibeth Gonzalez was assaulted in her home and shot 30 times. No suspects were arrested in connection with her death.

Sexual Harassment: Sexual harassment is illegal and punishable by fines and a prison sentence of one to three years. Although allegedly common in the workplace, sexual harassment cases were rarely reported.

Reproductive Rights: Couples and individuals do not always have the right to decide the number, spacing, and timing of their children or have access to the information and means to do so, free from discrimination, coercion, or violence. The Ministry of Health of the illegitimate Maduro regime restricted access to sexual and reproductive health services for survivors of sexual violence, and did it not allow the full range of services.

Abortion is illegal in the country unless necessary to save the mother’s life. Activists reported a cumbersome process, requiring a diagnosis of a life-threatening condition and review by the hospital board, that prevented women from receiving legal abortions. Illegally terminating a pregnancy is punishable by prison sentences of six months to two years for the woman and one to three years for persons performing the procedure. On January 11, authorities released from prison to house arrest professor and women’s rights activist Vannesa Rosales after she assisted a 13-year-old rape victim in ending a pregnancy. Rosales was charged with facilitating an abortion and conspiracy to commit a crime.

The illegitimate Maduro regime’s economic mismanagement and neglect of the country’s health-care infrastructure severely restricted access to contraception and to skilled health attendance during pregnancy and childbirth. Media reported that methods of contraception were scarce and, where available, cost 25 times the monthly minimum wage. According to NGOs, the COVID-19 pandemic further reduced access to contraception and the ability to consult doctors or access pharmacies.

Hospitals lacked qualified health care professionals, medicine, and basic necessities, such as water, electricity, and cleaning supplies. The country’s health care crisis, including the unavailability of maternal health services, was compounded by the pandemic as hospitals prioritized COVID-19 cases over other health services. While the illegitimate Maduro regime statistics on maternal death rates have not been published since 2016, according to the Society of Obstetrics and Gynecology of Venezuela, the maternal death rate in 2019 was 112 deaths per 100,000 live births, with postpartum hemorrhages, sepsis, and pregnancy-induced hypertension cited as the leading causes of maternal mortality. Doctors stated that these were “predictable and treatable” conditions but were often fatal due to hospitals’ lack of adequate resources and medicine.

According to the UN Population Fund, the adolescent birth rate in 2019 was 95 births for every 1,000 adolescents aged 15 to 19.

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

Discrimination: Women enjoy the same legal status and rights as men under the constitution. Women and men are legally equal in marriage, and the law provides for gender equality in exercising the right to work. The law specifies that employers must not discriminate against women with regard to pay or working conditions. According to the Ministry of Labor and the Confederation of Workers, regulations protecting women’s labor rights were enforced in the formal sector, although according to the World Economic Forum, women earned 36 percent less on average than men doing comparable jobs.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory. According to UNICEF, 81 percent of children younger than five were registered at birth, based on 2011 statistics provided by the government. The children’s rights NGO Cecodap reported that families struggled to register births due to quarantine measures surrounding the COVID-19 pandemic.

Child Abuse: According to UNICEF and NGOs working with children and women, child abuse, including incest, occurred but were rarely reported. The illegitimate regime made efforts to detain and prosecute some perpetrators of child abuse. Although the judicial system acted to remove children from abusive households, the press reported public facilities for such children were inadequate. According to NGOs, in many cases children were returned to their homes without proper reintegration measures or follow-up. A study by the NGO Save the Children found a 30 percent increase in child abuse in homes under quarantine.

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

Sexual Exploitation of Children: By law conviction of having sexual relations with a minor younger than 13, with an “especially vulnerable” person, or with a minor younger than 16 when the perpetrator is a relative or guardian are punishable with a mandatory sentence of 15 to 20 years’ imprisonment. The law prohibits the forced prostitution and corruption of minors. Penalties range from 15 to 20 years’ imprisonment in cases of forced labor and some forms of sex trafficking of women and girls. The law requires a demonstration of force, fraud, or coercion to constitute child sex trafficking. The law prohibits the production and sale of child pornography and establishes penalties of 16 to 20 years’ imprisonment.

Displaced Children: Children’s rights advocates and media reported an increase in the number of abandoned children living on the street. Cecodap estimated that as many as one million minors had been left behind with family members as their parents fled the country’s economic crisis, many of whom also struggled with the country’s economic downturn. These children resided in limbo, since their parents who left were unable legally to transfer guardianship to a third party.

State-run facilities, already filled to capacity, were unable to support the influx of children in need. Private institutions denounced the illegitimate regime’s refusal to provide subsidized food benefits to support the country’s population. NGOs noted young girls made up close to one-half of the children living on the streets. This significant shift posed particular challenges for shelters, which historically housed predominantly male populations. With institutions filled to capacity, hundreds of children accused of infractions, such as curfew violations, were confined in inadequate juvenile detention centers.

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

Anti-Semitism

The Confederation of Israelite Associations in Venezuela estimated there were 9,000 Jews in the country.

Jewish community leaders expressed concern regarding anti-Semitic statements made by high-level regime-aligned officials and anti-Semitic pieces in proregime media outlets. They stated regime-owned or -associated media and supporters of the illegitimate regime promoted Zionist conspiracy theories and denied or trivialized the Holocaust.

The community leaders noted many other anti-Semitic incidents occurred during the year. There were reports of societal abuses or discrimination based on religious affiliation, belief, or practice, including anti-Semitism.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities, but the illegitimate regime did not implement the law, inform the public of it, or combat societal prejudice against persons with disabilities. The law requires that all newly constructed or renovated public parks and buildings provide access, but persons with disabilities had minimal access to public transportation, and ramps were almost nonexistent. Many persons with disabilities expressed concerns that public transportation workers often were unwilling to transport them and forced them to find taxis, which were often unaffordable and frequently not equipped to support patrons with disabilities. NGOs reported hospitals lacked infrastructure to accommodate persons with mobility problems and staff to communicate with deaf persons. Parents of children with disabilities also complained they were forced to wait in long lines for services rather than receiving preference as is afforded by law. Online resources and access to information were generally available to persons with disabilities, although access to closed-captioned or audio-described online videos for persons with sight and hearing disabilities was limited. Separately, leading advocates for persons with hearing disabilities lamented difficult access to public services due to a lack of interpreters in public courts, health-care facilities, and legal services, as well as a lack of other public accommodations.

The National Commission for Persons with Disabilities, an independent agency affiliated with the Ministry for Participation and Social Development, advocated for the rights of persons with disabilities and provided medical, legal, occupational, and cultural programs. According to the commission, fewer than 20 percent of persons with disabilities who registered with regime health programs were fully employed.

Children with disabilities attended specialized schools and integrated classes with their peers without disabilities. Media reported that schools for children with disabilities suffered from underfunding, decaying infrastructure, and little consideration for the specific needs of individual disabilities. Parents of children with disabilities reported significant difficulties in school enrollment, which prevented their children from receiving formal education. On March 16, the illegitimate Maduro regime closed the country’s schools through the calendar year due to the COVID-19 pandemic. NGOs reported that in the shift to online classes, children with disabilities had limited access to educational materials and the Ministry of Education did not adapt curricula for children with disabilities. A June study by the NGO Deaf Confederation of Venezuela found that nearly 90 percent of children with disabilities decreased their educational activities during the quarantine.

Members of National/Racial/Ethnic Minority Groups

The constitution prohibits discrimination based on race. The law prohibits all forms of racial discrimination and provides for a maximum of three years’ imprisonment for acts of racial discrimination. As mandated by law, signage existed outside commercial and recreational establishments announcing the prohibition against acts of racial discrimination. Beyond signage the illegitimate regime did little to enforce laws against discrimination or prosecute cases of discrimination.

Indigenous People

The law prohibits discrimination based on ethnic origin. The constitution provides for three seats in the AN for deputies of indigenous origin to “protect indigenous communities and their progressive incorporation into the life of the nation,” but some indigenous communities continued without representation in the national legislature due to the TSJ’s annulment of the 2015 election of Amazonas State’s indigenous representatives.

NGOs and the press reported local political authorities seldom took account of indigenous interests when making decisions affecting indigenous lands, cultures, traditions, or allocation of natural resources. Indigenous groups continued to call for faster implementation of the demarcation process.

Indigenous groups and NGOs expressed concern regarding mining in the expanding “Arco Minero,” an area that extends between the states of Bolivar and Amazonas. Indigenous communities reported the illegitimate Maduro regime developed and expanded mining zones without consulting those native to the region, resulting in a rise in environmental degradation, water contamination, and malaria. Illegal armed groups, including the National Liberation Army and dissidents of the Revolutionary Armed Forces of Colombia had a considerable presence in the area, increasing the level of violence and insecurity in the communities. There was also an unprecedented influx of disease; drugs; human trafficking, including prostitution and forced labor; and other illegal activities in the mining areas, putting indigenous communities at risk.

Indigenous groups regularly reported violent conflicts with miners and cattle ranchers regarding land rights. There were reports of harassment, attacks, and forced evictions against indigenous persons living in areas included as part of illegitimate regime mining concessions. Indigenous reported a lack of consultation by the illegitimate Maduro regime on the social and environmental impact of mining activity in indigenous and protected areas.

Border disputes with Colombia affected indigenous groups living in border regions. There were many reported cases in which movements of indigenous groups were restricted, including from border closures in February.

NGOs stated that quarantine measures imposed by the illegitimate Maduro regime unduly impacted indigenous communities, preventing transit to and through territories and making it impossible for indigenous persons to obtain food, water, and access to medical care. The UN Office for the Coordination of Humanitarian Affairs reported that 325 persons, 82 of whom were Wayuu, were forcibly displaced between January and August by armed groups.

Media reported that in Zulia on April 12, GNB members used tear gas and rubber bullets to disperse a group of indigenous Wayuu, primarily older women and children, who were protesting a lack of food and water. Media reported that a Wayuu teacher was injured when she was shot in the face during the confrontation.

On July 24, the CNE abolished the system of direct, confidential voting of indigenous representatives to the AN. In August the CNE reversed course again to allow secret voting but opted to maintain the introduction of “community assemblies,” which would elect an unspecified number of spokespersons, who in turn would elect AN representatives. The AN and indigenous activists criticized the regulations as unconstitutional and an infringement of indigenous autonomy and the right to self-determination.

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

Local police and private security forces allegedly prevented lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from entering malls, public parks, and recreational areas. NGOs reported the illegitimate Maduro regime systematically denied legal recognition to transgender and intersex persons by preventing them from obtaining identity documents required for accessing education, employment, housing, and health care. This vulnerability often led transgender and intersex persons to become victims of human trafficking or prostitution.

NGOs reported incidents of bias-motivated violence against LGBTI persons. Reported incidents were most prevalent against transgender individuals. Leading advocates noted that law enforcement authorities often did not properly investigate to determine whether crimes were bias motivated.

The constitution provides for equality before the law of all persons and prohibits discrimination based on “sex or social condition,” but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. According to a TSJ ruling, no individual may be subjected to discrimination because of sexual orientation, but the ruling was rarely enforced.

HIV and AIDS Social Stigma

The law provides for the equal rights of persons with HIV or AIDS and their families. Nevertheless, leading advocates alleged discrimination against such persons. PROVEA reported that hospitals discriminated against persons with HIV. On September 7, FAES officers raided the headquarters of Solidarity Action, an NGO that advocates for the rights of those with HIV and AIDS, seizing medication and detaining eight persons.