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Montenegro

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

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

INTERNALLY DISPLACED PERSONS (IDPS)

The Ministry of Interior significantly reduced the number of pending applications for resolving residency status in the country. As of September a total of 15,131 displaced persons (DPs) had applied to resolve their residency status. While authorities completed 14,828 of those requests, 303 were still pending. Of those completed, 12,242 received permanent or temporary resident status.

Persons whose applications for “foreigner with permanent residence” status were pending with the Ministry of Interior continued to hold the legal status of DPs or IDPs. Some persons who were entitled to apply faced difficulties in obtaining the required documentation, particularly in regularizing previously unregistered births or paying the fees required to procure documents.

With UNHCR and OSCE support, the government, together with the government of Kosovo, continued to assist displaced Romani persons and Balkan Egyptians in obtaining personal identification documents under the Montenegro-Kosovo agreement on late registration of births of persons born outside the hospital system. The process facilitated the registration of births of persons born in Montenegro or Kosovo, especially Romani, Ashkali, and Balkan Egyptian children.

Conditions for IDPs and DPs from the Yugoslav wars varied. Access to employment, health care, and social services was sometimes limited due to language barriers, insufficient integration programs, lack of documentation, or unclear or inconsistent administrative procedures. According to UNHCR, many remained vulnerable and in need of assistance.

Together with Croatia, Serbia, and Bosnia and Herzegovina, the country was a party to the Regional Housing Program, facilitated by international donors, to provide durable solutions for up to 6,000 DPs and IDPs in the country. During the year, the construction or purchase of apartments progressed well through eight projects which were in different stages of implementation.

A number of IDPs continued to live in substandard dwellings, struggled to pay rent for private accommodation, or feared eviction from illegally occupied facilities known as informal collective centers. Approximately 600 Roma from Kosovo remained split between a settlement in Berane and a container camp in Podgorica, while approximately 250 displaced Serbs continued to live in substandard collective housing in Berane. The government and international donors continued to assist camp residents while constructing multiple apartment buildings under the Regional Housing Program.

To assist both refugees from Croatia and Bosnia and Herzegovina and IDPs from Kosovo, the government continued to implement its 2017-19 national strategy for finding durable solutions for DPs and IDPs during the year.

Restricted access to employment pushed many DPs into gray-market activities. Poor economic prospects particularly affected Roma, Ashkali, and Balkan Egyptians from Kosovo as well as the aging Kosovo-Serb population in the Berane area, who continued to form a large segment of the marginalized and vulnerable DP and refugee population by virtue of their size, time in country, and access to resources. Romani DPs were the most vulnerable and marginalized displaced population in the country due to their low social status and level of integration, high levels of unemployment, and low levels of schooling and literacy.

Although the law gives foreigners with permanent residence the same rights as citizens, with the exception of the right to vote, IDP’s from the former Yugoslavia sometimes had limited access to employment, education, property ownership, and specialized medical care due to the difficulty of obtaining official documents.

The government continued to encourage DPs and IDPs to return to their places of origin, but repatriation slowed to a trickle due to the preference of many IDPs and DPs to remain in the country due to fear of reprisals in their countries of origin or a lack of resources. The availability of housing solutions in the country through the Regional Housing Program also affected the interest in returning. During the first eight months of 2017, only 53 IDPs voluntarily returned to Kosovo and Serbia.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of refugee or subsidiary protection status, and the government established a system for providing protection to refugees. The government allows individuals to apply for asylum within a few days of entering the country. However, those caught illegally crossing the border who do not apply for asylum are placed into a detention center for criminal processing and deported. In January parliament adopted the Law on International Assistance and Temporary Protection of Foreigners, under which the Ministry of Interior took over management of the asylum center in Spuz, thus centralizing the main functions of the asylum system (i.e., initial determination of international protection and reception of services).

Unlike 2017, when 90 percent of asylum seekers were men, the year saw a substantial increase in the number of families applying for asylum. The government made efforts to strengthen its capacity to cope with sudden or large influxes of migrants by improving reception capacity. In July, in collaboration with the Ministry of Interior, UNHCR set up four refugee housing units at asylum centers to accommodate additional asylum seekers. The government has a contingency plan in place to ensure preparedness in case of a mass influx, but it was under revision at year’s end. On August 16, the government deployed the army to the Bozaj border crossing area of the border with Albania to prevent irregular entry into the country.

Of 2,346 asylum applications, 2,079 interviews were scheduled, and 44 were held. Observers noted that attention and readiness to address the increased mixed flow of migrants remained focused on border control aspects, as evidenced by the sharp rise in the number of migrants pushed back from the Montenegrin boarder during the year. The Ministry of Interior confirmed it attempted to deter migrants from entering by using patrols and noted that young men who saw the patrols often lost their nerve and went back to the other side of the border from which they had come.

Access to Basic Services: Once the asylum procedure is initiated, asylum seekers are granted access to free health care and education services in line with international standards, although barriers, including language and cultural differences, sometimes limited practical access.

In April, UNHCR and the Red Cross opened a community center near the asylum center to provide information, psychosocial support, counselling, legal support, language classes, and sports activities.

Durable Solutions: A path to citizenship was available but requires evidence that the applicant had renounced citizenship in his or her country of origin. The government provided support for the voluntary return or reintegration of refugees from countries of the former Yugoslavia. Those who chose the option of integration rather than return to their country of origin enjoyed access to the same rights as citizens, including access to basic services and naturalization in the country, but they did not have the right to vote.

Under the new Law on International Assistance and Temporary Protection of Foreigners, the integration of refugees and persons who receive subsidiary protection remains under the purview of the Ministry of Labor and Social Welfare.

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

Women

Rape and Domestic Violence: These acts are illegal, and authorities generally enforced the law. In most cases the penalty provided by law for rape, including spousal rape, is one to 10 years in prison. Actual sentences were generally lenient, the average being three years.

Domestic violence is generally punishable by a fine or a one-year prison sentence.

According to NGO reports, courts often failed to prosecute domestic violence. When they did so, sentences were lenient. Lengthy trials, economic dependency, and a lack of alternative places to live often forced victims and perpetrators to continue to live together.

The country aligned its legislation with the Istanbul Convention on violence against women and domestic violence, but domestic violence remained a persistent and common problem. The law permits victims to obtain restraining orders against abusers. When abuser and victim live together, authorities may remove the abuser from the property, regardless of ownership rights.

Within the Romani communities, domestic violence was a serious problem. In a UNHCR report during the year, over half of Romani men and women surveyed agreed with the statement, “A man has the right to beat his wife in certain instances.” As a corollary, only 3 percent of the general population agreed with this statement.

According to NGOs and the ombudsman, female victims of domestic violence often complained that government-run social welfare centers did not respond adequately to their appeals for help. NGOs reported that state institutions did not provide physical protection for victims. In February an operative team for domestic violence was formed, composed of representatives of the Ministry of Interior, the Ministry of Labor and Social Welfare, the Ministry of Health, State Prosecution, the Supreme Court, the Higher Court, the Organization for the Civic Control of Police, and six NGOs.

The government, in cooperation with an NGO, operated a free hotline for victims of family violence. NGOs continued to report that, despite some progress, particularly in the law, government agencies responded inadequately to prevent domestic violence and help survivors recover.

Other Harmful Traditional Practices: In many Romani communities, the practice of paying a traditional “bride price” of several hundred to several thousand euros for girls and women to be sold into or purchased from families across the border in Kosovo or Albania led to concerns about trafficking in persons. The potential to be “remarried” existed, with some girls being sent back to their families, being resold, and the money then given to the former spouse’s family. These practices were rarely reported, and police rarely intervened, viewing the practices as “traditional.” These practices also led to girls being pulled out of school at a rate much higher than boys, limiting their literacy and ability to provide for themselves and their families, essentially trapping them in these situations.

Sexual Harassment: Sexual harassment is not defined as a crime under the law. According to the Center for Women’s Rights, sexual harassment, including street harassment, of women occurred often, but few women reported it. Public awareness of the problem remained low. Victims hesitated to report harassment due to fears of employer reprisals and a lack of information about legal remedies. Stalking or predatory behavior with physical intimidation is punishable by law with a fine or up to three years’ imprisonment.

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

Discrimination: The law provides for the same legal status and rights for women as for men. All property acquired during marriage is joint property. The government enforced these laws somewhat effectively. The NGO SOS noted that women often experienced difficulty in defending their property rights in divorce proceedings due to the widespread public belief that property belongs to the man. Sometimes women ceded their inherited property and inheritance rights to male relatives due to tradition and pressure from their families, but this practice continued to decline. A consequence of these factors was that men tended to be favored in the distribution of property ownership.

The Department for Gender Equality worked to inform women of their rights, and the parliament has a committee on gender equality. The government adopted the 2017-2021 strategy on gender equality.

According to Romani NGOs, one-half of Romani women between the ages of 15 and 24 were illiterate. Romani women often noted that they faced double discrimination based on their gender and ethnicity.

Gender-biased Sex Selection: Although it is illegal, medical professionals noted that gender-biased sex selection took place, resulting in a boy-to-girl ratio at birth of 108:100. The government did not actively address the problem.

Children

Birth Registration: Children derive citizenship from their parents and, under some circumstances, by birth in the country, through naturalization, or as otherwise specified by international treaties governing the acquisition of citizenship. Registration of birth, a responsibility of the parents, is required for a child to have the necessary documents to establish his or her citizenship. Births of all children in hospitals and medical institutions were registered automatically. The parents of Romani, Ashkali, and Balkan Egyptian children not born in hospitals registered their births at much lower rates than other groups, mostly due to lack of awareness of the registration process or the parents’ own lack of identification documents. It was difficult for the unregistered children of Romani and Balkan Egyptian parents to access such government services as health care, social allowances, and education. Of the Romani and Balkan Egyptian children in primary school, 10 percent were not registered.

Education: The law provides for free, compulsory elementary education for all children. Secondary education is free but not compulsory.

Child Abuse: Child abuse laws are covered by the 2017-2021 strategy for the prevention and protection of children from domestic violence. The Ministry of Health reported that every third child was subject to emotional abuse, while every fourth child was a victim of physical abuse. Many children, particularly high school students, were exposed to alcohol, drugs, and violence. The ombudsman noted that child sexual abuse victims were usually girls between the ages of 14 and 16. The abusers were mostly close relatives of the children, and abuse usually occurred at home. The very low number of reported cases of sexual violence against children raised concerns about identification of victims.

Authorities prosecuted child abuse when they had cases with enough evidence, and the government worked to raise public awareness of the importance of reporting cases. Facilities and psychotherapy assistance for children who suffered from family violence were inadequate, and there were no marital or family counseling centers. Authorities sometimes placed juvenile victims of domestic violence in the children’s correctional facility in Ljubovic or the orphanage in Bijela.

Early and Forced Marriage: The minimum legal age for marriage is 18 in most cases, but persons as young as 16 may marry with the consent of the court or a parent. Punishment for arranging forced marriages ranges from six months to five years in prison, but convictions were rare, generally owing to a lack of evidence or poor understanding of the law.

Child marriage was a serious problem, particularly in the Romani and Balkan-Egyptian communities. According to a 2018 UNICEF report, 56.4 percent of Romani women were married before the age of 18, and 36 percent had a live birth before the age of 18. Of girls, 18.2 percent said they were married before the age of 15. For boys, nearly 35 percent were married before age 18, 6.5 percent of whom were before age 15. Of persons aged 15 to 19, 28 percent of girls and 16 percent of boys were married. There were reports of girls as young as 13 being sold into “traditional” marriages without their consent or input. These marriages generally did not meet the criteria necessary for legal, documented marriages. As such, they were difficult to track and regulate, regardless of legality.

The custom of buying or selling virgin brides continued in the Romani, Ashkali, and Balkan-Egyptian communities. Brides found not to be virgins prior to marriage faced severe repercussions, including violence, from the groom’s family, their family, and the community at large.

The government implemented some measures to prevent underage marriage, including enforcing mandatory school education.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, and offering or procuring for prostitution. The country partially enforced the law, omitting “traditional” practices of selling children into forced marriage as a concern in some Romani communities. The age of sexual consent is 18. There is a statutory rape law. Sexual activity with a juvenile carries a prison sentence of up to three years. Paying a juvenile for sexual activity carries a prison term of three months to five years. Authorities may fine or imprison for one to 10 years any person found guilty of inducing a minor into prostitution.

Child pornography is illegal, and sentences for violators range from six months in prison for displaying child pornography to eight years for using a child in the production of pornography.

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

Anti-Semitism

The Jewish community was approximately 500 individuals. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. The government was implementing the Strategy for Integration of Persons with Disabilities 2016-2020, but NGOs claimed that it did not do so effectively. During the year, 10 NGOs that worked with persons with disabilities formed a network to coordinate and monitor implementation of the government’s strategy better.

Authorities generally enforced the requirement that new public buildings be accessible to persons with disabilities, but most public facilities, including buildings and public transportation, were older and lacked access. Although election laws specifically require accessible polling places, the majority of polling stations remained inaccessible.

Despite legal protections, persons with disabilities often hesitated to bring legal proceedings against persons or institutions seen to be violating their rights. Observers ascribed this reluctance to the adverse outcomes of previous court cases or, according to the ombudsman, to insufficient public awareness of human rights and protection mechanisms relating to disabilities. The NGO Association of Youth with Disabilities initiated several discrimination cases against the Kotor Basic Court and Kotor Social Center this year while court processes against the national parliament, the Podgorica municipality, and social centers in Podgorica, Tivat, and Budva continued.

The Ministries of Health; Labor and Social Welfare; Education; Sports; Finance; Justice; Human and Minority Rights; Sustainable Development and Tourism, as well as the Secretariat for Legislation, the State Employment Agency, and five NGOs provided assistance and protection within their respective spheres. Together, they constituted the Council for Care of Persons with Disabilities, chaired by the minister of labor and social welfare with the responsibility for policies protecting the rights of persons with disabilities.

According to NGOs, services at the local level to children with mental and physical disabilities remained inadequate. Associations of parents of children with disabilities were the primary providers of these services. The law permits parents or guardians of persons with disabilities to work half time, but employers did not respect this right.

The government made efforts to enable children with disabilities to attend schools and universities, but the quality of the education they received and the facilities to accommodate them remained inadequate at all levels. NGOs also stated that supported-living assistance at home and similar services were not provided to families and parents of children with disabilities.

Persons with disabilities were generally institutionalized, or encouraged towards institutions, which perpetuated stigmatization. Persons with physical disabilities had difficulty obtaining high-quality medical devices to facilitate their mobility through health and social insurance.

National/Racial/Ethnic Minorities

Roma, Ashkali, and Balkan Egyptians remained the most vulnerable victims of discrimination, mainly due to prejudice and limited access to social services. Lack of required documentation often limited their access to services. The law relating to citizenship and its accompanying regulations makes obtaining citizenship difficult for persons without personal identity documents or those born outside of a hospital. For example, access to health-care services remained difficult for members of these communities due to their lack of medical care cards. The government adopted the Strategy for Social Inclusion of Roma and Balkan Egyptians 2016-2020, which, as implemented, resulted in some improvements in the number of Romani children attending school, access to health care, and access to housing.

According to the Roma Education Fund, the poverty rate among Roma, Ashkali, and Balkan Egyptians was 36 percent compared with a rate of 11 percent for the general population. Many Roma, Ashkali, and Balkan Egyptians lived in illegal squatter settlements that often lacked services such as public utilities, medical care, and sewage disposal.

Albanians and Bosniaks in the southern and northern parts of the country frequently complained about central government discrimination and economic neglect. Ethnic Serb politicians claimed that the government discriminated against the Serbian national identity, language, and religion.

Government-supported national councils for Serbs, Bosniaks, Albanians, Muslims, Croats, and Roma represented the interests of those ethnic minorities. NGOs, legal observers, and the media continued to accuse the government of misappropriating money from a fund established to finance the national councils.

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

The law forbids incitement to hatred based on sexual orientation and prohibits discrimination against individuals on the basis of sexual orientation or gender identity. Anti-LGBTI bias motive is an aggravating circumstance when prosecuting hate crimes.

The NGO Queer Montenegro reported four physical attacks against LGBTI individuals in the first nine months of the year. LGBTI NGOs stated that most of these cases were prosecuted as disorderly conduct and not as hate crimes. They also reported that transgender persons were susceptible to the most severe violence. Queer Montenegro reported an attack against a transgender person in September 2017 that was being prosecuted as a hate crime. The NGO considered this a positive development that should be standard practice, not an exception.

LGBTI advocates reported that young persons perpetrated 80 percent of the violent crimes against members of the LGBTI community. Hostile individuals used social media and LGBTI dating sites to attack and bully known and suspected LGBTI persons anonymously. In the first five months of the year, the NGO LGBT Forum Progress reported to police 78 persons for hate speech and incitement to violence targeting LGBTI persons on the internet. They also submitted reports to police against two politicians and some high-ranking religious leaders for anti-LGBTI statements.

Negative public perception of LGBTI persons led many to conceal their sexual orientation, although there was a trend toward greater visibility as LGBTI persons came out to their families and colleagues. In 2017, the last year for which data was available, the Ombudsman’s Office received three reports of discrimination based on sexual orientation, the same as in 2016. There were also reports of beatings, with some based on LGBTI identity, in prisons and detention centers across the country.

On October 29, the Constitutional Court found in favor of a complaint registered on behalf of LGBTI groups following a 2015 police ban on holding a pride parade in Niksic, reversing a 2016 Supreme Court ruling. The Constitutional Court found that the police decision to ban the pride parade in that town for security reasons had violated the rights of organizers to peaceful assembly and that the state failed to provide adequate protection for an event legally registered with police. NGO representatives assessed the Constitutional Court’s ruling as an encouraging message to the LGBTI community and public that the rights of all citizens must be respected.

Every police station had an officer whose duties included monitoring observance of the rights of LGBTI persons. During the year a “team of confidence” between police and LGBTI NGOs continued working to improve communication between police and the community.

HIV and AIDS Social Stigma

Juventas and the Montenegrin HIV Foundation stated that persons with HIV/AIDS were stigmatized and experienced discrimination, although most discrimination was undocumented. Observers believed that fear of discrimination, societal taboos relating to sex, and the lack of privacy of medical records prevented many persons from seeking testing for HIV. NGOs reported that patients often faced discrimination by medical personnel and received inadequate treatment. There has been no official response to these claims.

Morocco

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights although it limited movement to areas experiencing widespread unrest. The government denied entry to individuals it believed threatened the stability of the country. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, and other persons of concern. The government also provided funding to humanitarian organizations to provide social services to migrants, including refugees.

The government continued to make travel documents available to Sahrawis, and there were no reported cases of authorities preventing Sahrawis from traveling. The government encouraged the return of Sahrawi refugees from Algeria and elsewhere if they acknowledged the government’s authority over Western Sahara.

Abuse of Migrants, Refugees, and Stateless Persons: Refugees and asylum seekers, as well as migrants, were particularly vulnerable to abuse. Europe-bound human smuggling and human trafficking increased in part due to restrictions on migration via the central and eastern Mediterranean. Moroccan authorities, however, cooperated with Spanish and EU authorities to thwart trafficking networks and arrest traffickers. Parliament passed legislation in 2016 to improve protections for victims. There were reports of government authorities arresting or detaining migrants, particularly around the Spanish enclave cities of Melilla and Ceuta, and forcibly relocating them to other parts of the country to deter attempts to cross illegally into Spanish territory.

In-country Movement: According to Amnesty International, since July law enforcement authorities seized an estimated 5,000 persons, including thousands of sub-Saharan migrants, and forcibly relocated them from areas neighboring the straits of Gibraltar and the Spanish enclaves of Melilla and Ceuta to the south of the country or near the Algerian border. According to Amnesty International, these included 14 asylum-seekers and four refugees registered with UNHCR in the country who authorities forcibly transferred to the south. At a press conference on August 30, government spokesperson Mustapha Khalfi stated the operations transferring migrants to other cities were in accordance with national laws that fight illegal immigration. The Ministry of Interior also affirmed the authorities relocated migrants without legal status from the north to other parts of Morocco in accordance with the law after local authorities had given notice to the migrants to relocate due to national security concerns.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of refugee status. The government has historically deferred to UNHCR as the sole agency in the country entitled to perform refugee status determinations and verify asylum cases. UNHCR referred cases that meet the criteria for refugee recognition to the government’s interministerial Commission in Charge of Hearings for Asylum Seekers within the Bureau of Refugees and Stateless Persons. The government recognizes two types of asylum status: refugees designated according to the UNHCR statute and the “exceptional regularization of persons in irregular situation” under the 2016 migrant regularization program. The government continued to grant status to UNHCR-recognized refugees and temporary status to registered Syrians. There were 755 refugees registered in the country. During the year the commission held one hearing on January 25 for 36 asylum seekers referred by UNHCR; the eight asylum seekers who attended the hearing were granted legal status. According to the Ministry of Interior, as of August, UNHCR Rabat referred 803 asylum seekers to the commission, of whom about 60 percent were Syrian nationals.

Access to Basic Services: Recognized refugees and migrants were generally able to work and access health care and education services, including publicly funded professional and vocational training. Requests on behalf of women and children receive automatic approval, with immediate access to education and healthcare. Asylum seekers were, however, sometimes unable to access the national health care system and continued to have little access to the judicial system until recognized as refugees.

Durable Solutions: According to the government, during the second phase of its migrant regularization program from December 2016 to December 2017, the government granted legal status to 27,660 applicants. The government initially denied 14,898 applicants, of whom 9,328 reapplied and reviewing committees established at the local level reviewed these applications and granted those 9,328 legal status. The reviewing committees were composed of government officials, authorities, and representatives from the CNDH and migrant-serving NGOs. The program, similar to the 2014 campaign, granted legal status to foreign spouses and children of citizens and other legal residents of the country as well as to individuals with at least five years of residence in the country, a valid work contract, or chronic illness. From 2014 through 2017, the government granted legal status to more than 50,756 migrants, approximately 85 percent of the migrants who applied. Migrants and refugees may obtain Moroccan nationality if they meet the legal requirements of the Nationality Law and submit a request to the Ministry of Justice. The government facilitated voluntary returns in cooperation with UNHCR and, when necessary, the resettlement of recognized refugees to third countries. Since 2004 the government and the International Organization for Migration (IOM) have cofunded for the voluntary return of an estimated 26,000 migrants to their countries of origin. According to the government, it assisted with the voluntary return to the country of origin of an average of 2,000 to 3,000 migrants per year.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. Syrians and Yemenis benefited from “exceptional regularization” outside of the more permanent migrant regularization program. From December 2017 to February, 23,464 migrants benefited from exceptional regularization.

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

Women

Rape and Domestic Violence: The law punishes individuals convicted of rape with prison terms of five to 10 years; when the conviction involves a minor, the prison sentence ranges from 10 to 20 years. Spousal rape is not a crime. Numerous articles of the penal code pertaining to rape perpetuate unequal treatment for women and provide insufficient protection. On September 12, a new law came into effect that provides a stronger legal framework to protect women from violence, sexual harassment, and abuse. Under the new law, a sexual assault conviction may result in a prison sentence of six months to five years and a fine of 2,000 to 10,000 dirhams ($210 to $1,050). For insults and defamation based on gender, an individual may be fined up to 60,000 dirhams for insults and up to 120,000 dirhams for defamation ($6,300 to $12,600). General insult and defamation charges remain in the penal code. Some women’s rights NGOs criticized the lack of clarity in procedures and protections for reporting abuse under the new law. In the past, authorities did not effectively enforce laws against sexual harassment; the impact of the new law was not yet clear by year’s end. According to local NGOs, survivors did not report the vast majority of sexual assaults to police due to social pressure and the concern that society would most likely hold the victims responsible. Police selectively investigated cases; among the minority brought to trial, successful prosecutions remained rare.

The law does not specifically define domestic violence against women and minors, but the general prohibitions of the criminal code address such violence. Legally, high-level misdemeanors occur when a victim’s injuries result in 20 days of disability leave from work. Low-level misdemeanors occur when a victim’s disability lasts for less than 20 days. According to NGOs the courts rarely prosecuted perpetrators of low-level misdemeanors. Police were slow to act in domestic violence cases, and the government generally did not enforce the law and sometimes returned women against their will to abusive homes. Police generally treated domestic violence as a social rather than a criminal matter. Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities.

In August, Khadija Okkarou, 17, reported to the authorities that she was kidnapped in Oulad Ayad in June and held for two months by a group of men who raped her repeatedly and forced her to consume drugs and alcohol. Police arrested 12 suspects on charges for abduction, rape, and torture. On December 11, the court of appeals in Beni Mellal postponed the trial hearing to January 9, 2019.

Statistics on rape or sexual assault were unreliable due to underreporting.

The government funded a number of women’s counseling centers under the Ministry of Solidarity, Women, Family, and Social Development. Statistics provided by the government indicated that it provided 30.8 million dirhams ($3.2 million) in direct support to 172 women’s counseling centers for female survivors of violence. A few NGOs provided shelter, assistance, and guidance for survivors of domestic abuse. There were reports, however, that these shelters were not accessible to persons with disabilities. Courts had “victims of abuse cells” that brought together prosecutors, lawyers, judges, women’s NGO representatives, and hospital personnel to review domestic and child abuse cases to provide for the best interests of women or children.

Sexual Harassment: Before September 12, sexual harassment was only a crime if it was committed by a supervisor in the workplace. Under a new law, sexual harassment is a crime punishable by up to six months in prison and a fine up to 10,000 dirhams ($1,050) if the offense takes place in a public space or by insinuations through texts, audio recording, or pictures. In cases where the harasser is a coworker, supervisor, or security official, the sentence is doubled. Prison sentences and fines are also doubled in cases where a spouse, former spouse, fiance, or a family member perpetrates the harassment act, physical violence, or abuse or mistreatment or breaks a restraining order or if the crime is perpetrated against a minor. In the past, authorities did not effectively enforce laws against sexual harassment. As of year’s end, it was too soon to assess the impact of the new law.

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

Discrimination: While the constitution provides women equal rights with men in civil, political, economic, cultural, and environmental affairs, laws favor men in property and inheritance. Numerous problems related to discrimination against women remained, both with inadequate enforcement of equal rights provided for by the laws and constitution and in the reduced rights provided to women in inheritance.

According to the law, women are entitled to a share of inherited property, but a woman’s share of inheritance is less than that of a man. Women are generally entitled to receive half the inheritance a man would receive in the same circumstances. A sole male heir would receive the entire estate, while a sole female heir would receive half the estate with the rest going to other relatives.

The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent, and places legal limits on polygamy. Implementation of family law reforms remained a problem. The judiciary lacked willingness to enforce them, as many judges did not agree with their provisions. Corruption among working-level court clerks and lack of knowledge about its provisions among lawyers were also obstacles to enforcing the law.

The law requires equal pay for equal work, although in practice this did not occur.

The government led some efforts to improve the status of women in the workplace, most notably the constitutional mandate, established by parliament in August 2017, for the creation of an Authority for Gender Parity and Fighting All Forms of Discrimination. The Gender Parity Authority, however, has yet to become functional.

Children

Birth Registration: The law permits both parents to pass nationality to their children. The law establishes that all children have civil status regardless of their family status. There were, nonetheless, cases in which authorities denied identification papers to children because they were born to unmarried parents, particularly in rural areas or in the cases of poorly educated mothers unaware of their legal rights. According to Amazigh NGOs, during the year representatives of the Ministry of Interior refused to register the births of at least two children whose parents sought to give them Amazigh names. The government determined that the cases brought to its attention by the press or at the request of civil society had been denied because the applicants submitted the request to the wrong territorial jurisdiction or did not provide the necessary supporting documents.

In December 2017 the government launched a campaign to register all nonregistered children, particularly those born to unknown fathers, from families in situations of parental conflict, and from families facing financial hardships. An estimated 90 percent of citizens are registered. As of September 30, there were 43,820 individuals newly registered under the campaign, including 36,831 children, 50 percent of whom were girls.

Also in January a court in Nador ordered children born in the country to migrants to be registered in the civil registry, allowing them to obtain identification documents that permit enrollment in school.

Child Abuse: NGOs, human rights groups, media outlets, and UNICEF claimed child abuse was widespread. Official data on child abuse does not exist. Prosecutions for child abuse were extremely rare.

Early and Forced Marriage: The legal age for marriage is 18 years, but parents, with the informed consent of the minor, may secure a waiver from a judge for underage marriage. The judiciary approved the vast majority of petitions for underage marriages.

Sexual Exploitation of Children: The age of consent is 18 years. The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Penalties for sexual exploitation of children under the criminal code range from two years’ to life imprisonment and fines from 9,550 dirhams ($1,000) to 344,000 dirhams ($36,100).

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

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

Anti-Semitism

The constitution recognizes the Jewish community as part the country’s population and guarantees to each individual the freedom to “practice his religious affairs.” Community leaders estimated the size of the Jewish population at 3,000 to 3,500. Overall there appeared to be little overt anti-Semitism, and Jews generally lived in safety.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, and access to health care. The law also provides for regulations and building codes that provide for access for persons with disabilities. The government did not effectively enforce or implement these laws and regulations. While building codes enacted in 2003 require accessibility for all persons, the codes exempt most pre-2003 structures, and authorities rarely enforced them for new construction. Most public transportation is inaccessible to persons with disabilities, although the national rail system offers wheelchair ramps, accessible bathrooms, and special seating areas. Government policy provides that persons with disabilities should have equal access to information and communications. Special communication devices for persons with visual or audio disabilities were not widely available.

The Ministry of Social Development, Family, and Solidarity has responsibility for protecting the rights of persons with disabilities and attempted to integrate persons with disabilities into society by implementing a quota of 7 percent for persons with disabilities in vocational training in the public sector and 5 percent in the private sector. Both sectors were far from achieving the quotas. The government maintained more than 400 integrated classes for children with learning disabilities, but private charities and civil society organizations were primarily responsible for integration.

National/Racial/Ethnic Minorities

The majority of the population, including the royal family, claimed some Amazigh (Berber) heritage. Many of the poorest regions in the country, particularly the rural Middle Atlas region, were predominantly Amazigh and had illiteracy rates higher than the national average. Basic governmental services in this mountainous and underdeveloped region were lacking. Official languages are Arabic and Amazigh, although Arabic predominates. Amazigh cultural groups contended they were rapidly losing their traditions and language to Arabization. The government offered Amazigh language classes in some schools. Although the palace-funded Royal Institute of Amazigh Culture created a university-level teacher-training program to eliminate the shortage of qualified teachers, Amazigh NGOs contended that the number of qualified teachers of regional dialects of Amazigh languages continued to decrease. The government reported, however, that the number of teachers employed to teach the official national Amazigh language has increased. Instruction in the Amazigh language is mandatory for students at the Ministry of Interior’s School for Administrators.

Amazigh materials were available in the news media and, to a much lesser extent, educational institutions. The government provided television programs in the three national Amazigh dialects of Tarifit, Tashelhit, and Tamazight. According to regulations public media are required to dedicate 30 percent of broadcast time to Amazigh language and cultural programming. According to Amazigh organizations, however, only 5 percent of broadcast time was being given to Amazigh language and culture. The National Federation of Amazigh Associations submitted a complaint to the High Authority for Audiovisual Communications in June 2017 to request compliance with the quota.

For more information regarding the situation of Sahrawis in Moroccan-administered Western Sahara, see the Department of State’s annual Country Reports on Human Rights for Western Sahara.

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

The law criminalizes consensual same-sex sexual activity, with a maximum sentence of three years in prison. Media and the public addressed questions of sexuality, sexual orientation, and gender identity more openly than in previous years. According to some human rights organizations, LGBTI victims of violence in high profile cases from previous years continue to be harassed when recognized in public.

Antidiscrimination laws do not apply to LGBTI persons, and the penal code does not criminalize hate crimes. There was a stigma against LGBTI persons, but there were no reports of overt discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care.

HIV and AIDS Social Stigma

Persons with HIV/AIDS faced discrimination and had limited treatment options. The Joint UN Program on HIV/AIDS reported that some health-care providers were reluctant to treat persons with HIV/AIDS due to fear of infection. According to the Joint UN Program on HIV/AIDS (UNAIDS), treatment coverage increased from 16 percent in 2010 to 48 percent in 2016 and the new National Strategic Plan 2017-2021 commits the country to reduce new infections among key and vulnerable populations, eliminate mother-to-child transmission of HIV, reduce AIDS-related deaths, confront discrimination, and strengthen governance for an efficient response.

Mozambique

Section 2. Respect for Civil Liberties, Including:

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

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence. Penalties for conviction range from two to eight years’ imprisonment if the victim is age 12 or older and 20 to 24 years’ imprisonment if the victim is under age 12.

Conviction of abuse of a spouse or unmarried partner is punishable by one to two years’ imprisonment or longer if another crime is also applicable. The government did not effectively enforce domestic abuse law. NGOs reported domestic violence against women remained widespread. For example, more than 20,000 cases of domestic violence were reported during the year; however, civil society members believed the number of victims to be much higher.

According to NGO and media reports, many families preferred to settle rape allegations through informal community courts or privately through financial remuneration rather than through the formal judicial system.

Government agencies and NGOs implemented public outreach campaigns to combat violence against women nationwide. Police and NGOs worked together to combat domestic violence. The PRM operated special women and children’s units within police precincts that received high numbers of cases of domestic violence, sexual assault, and violence against children.

Female Genital Mutilation/Cutting (FGM/C): FGM/C existed in the country, but NGOs and the government concurred that the incidence was low. Reliable estimates were lacking on the number of girls and women subjected to FGM/C in recent years. For additional information, see Appendix C.

Other Harmful Traditional Practices: The practice of “purification,” whereby a widow is obligated to have unprotected sex with a member of her deceased husband’s family, occurred, particularly in rural areas, despite campaigns against it.

Sexual Harassment: Sexual harassment remained pervasive in business, government, schools, and broadly in society. There is no legislation on sexual harassment in public places outside of schools. By law a teacher who abuses or sexually harasses a student through orders, threats, or coercion may be fined up to 20 times the teacher’s monthly salary.

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

Discrimination: The law provides the same legal status and rights for women as for men; however, the government did not enforce the law effectively. The law does not specifically require equal pay for equal work, nor does it prohibit discrimination based on gender in hiring. The law contains provisions that limit excessive physical work or night shift requirements during pregnancy. The law contains special provisions to protect women against abuse; however, these provisions were rarely enforced.

Women experienced economic discrimination. Gaps in education and income between men and women remained high. In some regions, particularly the Northern provinces, women had limited access to the formal judicial system for enforcement of rights provided by the civil code and instead relied on customary law to settle disputes. Enforcement of laws that protect women’s rights to land ownership in the formal economy remained poor. Women typically could not inherit land under customary law.

The parliament had a women’s caucus, composed of members from the three parties with parliamentary seats that sought to address issues of gender balance, women’s representation in decision-making bodies, and advocacy of women’s rights.

Children

Birth Registration: Citizenship is obtained by birth within the country or birth to at least one Mozambican citizen parent outside the country. Failure to register a child’s birth may result in the inability to attend school and may prevent one from obtaining public documents, such as identity cards, passports, or “poverty certificates” that enable access to free health care and free secondary education. Birth registration was often delayed in rural areas. Cultural practice prevented a woman, especially in rural areas, from exercising her legal right to register her child without the presence of the child’s father.

Education: Tuition-free education is compulsory through primary school (grades one to seven). School costs for supplies and uniforms remained beyond the means of many families, especially in rural areas. According to the Millennium Development Goals Report, only 52 percent of children complete primary school education.

Child Abuse: Most child-abuse cases involved sexual or physical abuse. Sexual abuse in schools and in homes was a problem. NGOs remained concerned that certain male teachers used their authority to coerce female students into sex. Orphans and other vulnerable children remained at high risk of abuse.

While the government stressed the importance of children’s rights and welfare, significant problems remained; the government had yet to implement any programs to combat child abuse. The Child Protection Law provides for protection against physical and sexual abuse; removal from parents who are unable to protect, assist, and educate them; and juvenile courts to deal with matters of adoption, maintenance, and regulating parental power. Juvenile courts have wide discretion with regard to sentencing, but the law requires a minimum of 16-20 years’ imprisonment for conviction of trafficking in persons.

Early and Forced Marriage: By law the minimum age of marriage for both genders is 18. Legal permission to marry at age 16 may be granted with parental consent. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age for consensual sex is 16 for boys and girls. The law prohibits the commercial sexual exploitation of children and child pornography. Authorities partially enforced the law, but exploitation of children and child prostitution remained a problem. Girls were exploited in prostitution in bars, roadside clubs, and restaurants. Child prostitution appeared to be most prevalent in Maputo, Nampula, Beira, border towns, and at overnight stopping points along key transportation routes. Some NGOs provided health care, counseling, and vocational training to children, primarily girls, engaged in prostitution.

Displaced Children: Children from Zimbabwe, Malawi, and Eswatini, many of whom entered the country alone, remained vulnerable to labor exploitation and discrimination. They lacked protection and had limited access to schools and other social welfare institutions, largely due to lack of resources. Coercion, both physical and economic, of girls into the sex industry was common, particularly in Manica Province.

Several government agencies, including the Ministry of Health and the Ministry of Gender, Children, and Social Action, conducted programs to provide health-care assistance and vocational education for HIV/AIDS orphans and other vulnerable children.

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

Anti-Semitism

The country has a very small Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution and law prohibit discrimination against citizens with disabilities; however, the law does not differentiate among physical, sensory, intellectual, and mental disabilities in employment, education, transportation, access to health care, the judicial system, or the provision of other state services.

The Ministry of Gender, Children, and Social Action is responsible for protecting the rights of persons with disabilities. The 2012-19 National Action Plan in the Area of Disabilities provides for funding, monitoring, and assessment of implementation by various organizations that support persons with disabilities. Electoral law provides for access and assistance to voters with disabilities in the polling booths, including the right for them to vote first.

The city of Maputo offered free bus passes to persons with disabilities. Buses in Maputo did not have specific accessibility features.

The government did not effectively implement laws and programs to provide access to buildings, information, and communications. Discrimination in private-sector and government employment, education, access to health care, and the provision of other services was common. Observers often cited unequal access to employment as one of the biggest problems. The government did not effectively implement programs to provide access to information and communication for persons with disabilities. Educational opportunities for children with disabilities were generally poor, especially for those with developmental disabilities. Children with disabilities attended school through secondary education at a significantly lower rate than other children. The government sometimes referred parents of children with disabilities to private schools with more resources to provide for their children. The Mozambican Association for the Disabled (ADEMO) reported teacher-training programs did not address the needs of students with disabilities. ADEMO also stated school buildings fell short of international standards for accessibility, and public tenders did not include provisions for the accessibility of persons with disabilities.

Doctors reported many families abandoned family members with disabilities at the country’s only psychiatric hospital. ADEMO reported access to equipment, such as wheelchairs, was a challenge due to lengthy and complicated bureaucratic procedures.

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

Antidiscrimination laws protected LGBTI persons only from employment discrimination. No hate-crime laws or other criminal justice mechanisms exist to aid in the prosecution of bias-motivated crimes against LGBTI persons. Since 2008, the government has failed to take action on LAMBDA’s request to register legally.

There were no media or other reports of bias-motivated attacks on LGBTI persons; however, discrimination in public medical facilities was reported. Medical staff sometimes chastised LGBTI individuals for their LGBTI status when the latter sought treatment. Intimidation was not a factor in preventing incidents of abuse from being reported.

There were reports of societal discrimination based on sexual orientation and gender identity.

HIV and AIDS Social Stigma

Reports continued of many women expelled from their homes and abandoned by their husbands and relatives because they were HIV-positive. Family or community members accused some women widowed by HIV/AIDS of being witches who purposely killed their husbands to acquire belongings; as retribution, they deprived the women of all possessions.

Other Societal Violence or Discrimination

The government denounced violence against persons with albinism. Courts tended to sentence those convicted of the murder and kidnapping of persons with albinism more harshly than those convicted of similar crimes that did not involve persons with albinism.

Albimoz and Amor a Vida, local NGOs that advocated for persons with albinism, documented cases in which assailants kidnapped, maimed, or killed persons with albinism. Criminals attacked them, often with the assistance of a family member, because certain traditional healers, purportedly from outside the country, according to government officials, paid for their body parts due to their allegedly “magical” properties.

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