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Afghanistan

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

Women

Rape and Domestic Violence: The EVAW law criminalizes violence against women, including rape, battery, or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance, although its implementation remained limited. The law provides for a sentence of 16 to 20 years’ imprisonment for rape. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The law provides for imprisonment of up to seven years for the “violation of chastity of a woman…that does not result in adultery (such as sexual touching).” Under the law, rape does not include spousal rape. The law was not widely understood, and some in the public and the religious communities deemed the law un-Islamic. Many authorities lacked the political will to implement the law and failed to enforce it fully.

The AIHRC reported 2,621 cases of violence against women from January through August, including nine killings, 79 cases of sexual violence, 34 sexual harassment cases, 733 beatings, and 44 forced engagements or marriages. Because of the security situation in the country, large numbers of violent crimes committed against women were unreported. In addition to AIHRC’s report, the Ministry of Women’s Affairs also reported 1,465 cases of violence against women within the first six months of the year, with Ghor, Baghlan, Badakshan, Nargarhar, Takhar, and Balkh Provinces showing the highest numbers.

The AGO operated 33 EVAW prosecution units in 33 provinces. In March the AGO held its second national meeting of EVAW prosecutors to facilitate communication between different provincial EVAW units and identify common issues. According to a January report by the Research Institute for Women Peace and Security, a domestic NGO, and the Chr. Michelsen Institute, of 2,958 cases registered with EVAW units in eight provinces studied, 792 or 27 percent resulted in indictments, and of these, 59 percent led to convictions. Among indicted cases, the conviction rate was highest for rape, with 73 percent of indictments leading to a conviction (41 percent of all registered rape cases resulted in convictions).

From March 2014 to March 2015, the government reported 4,541 registered cases of violence against women, with 3,038 registered under the EVAW law. The Ministry of Women’s Affairs, Ministry of Interior, and AGO also registered 1,179 cases of divorce, separation, annulment of engagements, alimony, and child custody, which may or may not have stemmed from domestic violence, bringing the total number of registered cases to 5,720.

Pajhwork News released a report on the role of mediation outside the formal justice system in cases of violence against women. Because mediation takes place at the community level, the male-driven process restricted the reporting of violence against women cases. The same report showed a compilation of data of more than 21,000 of cases of violence against women over the last six years alone. Nearly 70 percent of the cases were registered with the Ministry of Women’s Affairs and the police, but only an estimated 5 percent made it to the courts.

Prosecutors and judges in some remote provinces were unaware of the EVAW law, and others were subject to community pressure to release defendants due to familial loyalties, threat of harm, or bribes. Reports indicated men accused of rape often claimed the victim agreed to consensual sex, leading to zina charges against the victim, or perpetrators made false claims of marriage to the victim.

Rapes were difficult to document due to social stigma. Male victims seldom came forward due to fear of retribution or additional exploitation by authorities, but peer sexual abuse was reportedly common. Female victims faced stringent societal reprisal, ranging from being deemed unfit for marriage to being imprisoned for sexual conduct outside of marriage, or became victims of extrajudicial killing.

According to the 2016 Asia Foundation’s Annual Survey of the Afghan People, only 23.8 percent of women surveyed knew of an organization, institution, or authority in their area where women could go to have their problems resolved. Forced virginity testing remains legal, and police, prosecutors, and judges frequently ordered virginity tests in cases where women or girls were accused of “moral crimes” such as zina. Women who sought assistance in cases of rape often became subjects of virginity tests and in some instances had their cases converted into adultery cases. According to a September 2015 AIHRC report on forced gynecological exams, 48 of 53 female prisoners interviewed had been subjected to virginity tests, and of these, 20 said they had been tested more than once. The AIHRC publicly condemned virginity testing, citing that the practice had no scientific basis and that performing medical tests without the patient’s consent is a violation of the right to freedom and human dignity. Interpretations of sharia also impeded successful prosecution of rape cases.

In February media reported a group of armed kidnappers in Kapisa Province took a 10-year-old from her family’s home and married her to one of the group leaders’ son, a 30-year-old man. In July media reported that family members of a 15-year-old girl in Baghlan Province killed her and a 17-year-old male after accusing them of committing zina. In April a group of armed men gang-raped an 18-year-old in her home in Balkh Province.

The penal code criminalizes assault, and courts convicted domestic abusers under this provision, as well as the beating provision in the EVAW law. According to NGO reports, hundreds of thousands of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, armed individuals, parallel legal systems, and institutions of state, such as the police and justice systems.

Police response to domestic violence was limited, in part due to low reporting, sympathy toward perpetrators, and limited protection for victims. Some police and judicial officials were unaware or unconvinced that rape was a serious criminal offense, and investigating rape cases was generally not a priority. Even in instances in which justice officials took rape seriously, some cases reportedly did not proceed due to bribery, family or tribal pressure, or other interference during the process. The AIHRC’s 2013 report on rape and honor killing asserted that one-third of cases on rape and honor killings were addressed in accordance with the law. In its study the AIHRC found that 35 percent of rape and honors killings were not appropriately prosecuted. The AIHRC and NGOs contended that due to societal acceptance of the practice, most cases were unreported and never reached prosecutors.

According to the AIHRC, more than 2,579 cases of violence against women were reported between March and September 2015. The AIHRC noted that the majority of reports concerned verbal and psychological violence and noted an increase in the number of reported cases from the same period the previous year. The Ministry of Women’s Affairs reported that up to 600 cases of violence against women were registered in the first three months of the year, the majority of which involved physical violence. Accurate statistics on the extent of violence against women, however, were difficult to obtain. The most recent research done on the prevalence of violence against women (as opposed to reported cases) was conducted by Global Rights and published in 2008. According to that report, 87 percent of women had experienced some form of physical, sexual, or psychological violence in their lives, and 62 percent had experienced more than one type of violence.

Most women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or return to their family or the perpetrator. Women sometimes practiced self-immolation, and the Ministry of Women’s Affairs reported there continued to be cases of suicide as a result of domestic violence. Women continued to turn to NGO-run women’s protection centers (women’s shelters) and associated family guidance centers for assistance, and according to UNAMA’s April 2015 report on women’s access to justice, victims particularly valued the physical protection afforded by these centers, which often represented the only safe refuge for women. According to NGOs that ran women’s protection centers countrywide, police continued to make up the most significant source of referrals, likely reflecting improved ANP training and awareness.

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. Women who could not be reunited with their families or who were unmarried were generally compelled to remain in protection centers indefinitely, because “unaccompanied” women were not commonly accepted in society. The difficulty of finding durable solutions for women compelled to stay in protection centers was compounded by societal attitudes toward the shelters as centers of prostitution, the belief that “running away from home” was a serious violation of social mores, and the continued victimization of women who were raped but perceived by society as adulterers.

Women in need of protection who could not find it often ended up in prison, either due to a lack of a protection center in their province or district, or based on local interpretation of “running away” as a moral crime. Adultery, fornication, and kidnapping are crimes under the law. Women often were convicted of those crimes in situations of abuse, rape, or forced marriage, or on the basis of invalid evidence, including virginity tests. Running away is not a crime under the law, and both the Supreme Court and AGO issued directives to this effect, but women and girls continued to be detained for running away from home or “attempted zina.” As of November 30, approximately 51 percent of female prisoners were incarcerated for moral crimes, according to GDPDC records.

The Ministry of Women’s Affairs, as well as nongovernmental entities, sometimes arranged marriages for women who could not return to their families.

Police units charged with addressing violence against women, children, and families, included female officers. Although trained to help victims of domestic violence, the officers were hindered by instructions to wait for victims to take the initiative and reach out to them.

Other Harmful Traditional Practices: The EVAW 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 to settle a dispute) and interference with a woman’s right to choose her spouse. According to the United Nations and Human Rights Watch, an estimated 70 percent of marriages were forced. Despite laws banning the practice, many brides continued to be younger than the legal marriage age of 16 (or 15 with a guardian’s and a court’s approval). Some local media reported an increase in child marriages during the year, although it was unclear whether this reflected an actual increase in the practice or rather an increase in reports. A 2014 AIHRC survey found more than 7 percent of respondents reported their daughters were married before the age of 16. Very few marriages were legally registered with the state, leaving forced marriages outside of legal control.

Violence against women is also often a driving factor in cases of suicide and self-immolation. Under the penal code, a man convicted of honor killing after finding his wife committing adultery cannot be sentenced to more than two years’ imprisonment. Honor killings continued, although accurate statistics were difficult to obtain. In July a 14-year-old pregnant girl in Ghor Province died in a local hospital after being burned alive in an honor killing by her husband and his family. When the girl’s father reported the harassment and violence his daughter had suffered to the police, local authorities dismissed him and suggested he should settle the differences with the girl’s in-laws. There were reports of summary justice by the Taliban and other antigovernment elements that resulted in extrajudicial executions. In June a woman in Ghor Province was abducted and shot after cancelling her engagement, and in July the Taliban publicly executed a 19-year-old woman in Sar-e-Pul Province for running away from home after a domestic dispute. UNAMA reported that the Taliban lashed a woman in the Sha Joy district of Zabul Province, citing adultery.

Sexual Harassment: The EVAW law criminalizes harassment and persecution of women but does not define these terms. A Regulation on Prohibition of Women’s Sexual Harassment entered into effect in October 2015, when it was published in the official gazette. The regulation, which was adopted pursuant to the EVAW law, defines harassment against women and establishes and identifies mechanisms for complaint and redress. Women who walked outside alone or who worked outside the home often experienced abuse or harassment, including groping, or they were followed on the streets in urban areas. Women who took on public roles that challenged gender stereotypes (such as lawmakers, political leaders, NGO leaders, police officers, and news broadcasters) continued to be intimidated by conservative elements and received death threats directed at them or their families. NGOs reported violence, including killings, against women working in the public and nonprofit sectors and initiated awareness-raising campaigns to mobilize groups against harassment. Female members of the ANP reported harassment by their male counterparts, and there were reports that female ANP members and their families experienced intimidation and discrimination within their communities. In May a group of female social activists launched a website to help women register and report incidents of violence and seek advice on how to resolve their issues.

Reproductive Rights: Women generally exercised little decision-making authority regarding marriage, the timing, and number of pregnancies, birthing practices, and child education. Couples were free from government discrimination, coercion, and violence to decide the number, spacing, and timing of their children, although family and community pressures to reproduce, the high prevalence of child and early marriages, and lack of accurate biological knowledge limited their ability to do so. Women could expect to bear on average 5.1 children in their lifetimes. Oral contraceptives, intrauterine devices, injectable contraceptives, and condoms were available commercially and were provided at no cost in public health facilities and at subsidized rates in private health facilities and through community health workers. The UN Population Fund estimated that 23 percent of women of reproductive age used a modern method of contraception. Between January and August, the AIHRC registered eight cases of forced abortion from women and girls.

According to the World Health Organization’s, UN’s, and World Bank’s Trends in Maternal Mortality Report: 1990-2013, the maternal mortality rate in 2013 was 400 deaths per 100,000 live births. This represented a two-thirds reduction in maternal mortality since 1995. Early marriage and pregnancy put girls at greater risk for premature labor, complications during delivery, and death in childbirth. Postpartum hemorrhage and obstructed labor were key causes of maternal mortality. Only 34 percent of births were attended by a skilled health practitioner, and only 21 percent of girls and women between the ages of 15 and 49 used a modern form of contraception.

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 and cultural nuances, rather than the law itself. A woman’s limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected their access to and participation in the justice system. Local practices were discriminatory against women in some areas, particularly in parts of the country where courts were not functional or knowledge of the law was minimal. Judges in some remote districts acknowledged wide influence by tribal authorities in preempting cases from the formal justice system. In August 2015 a man beheaded his wife in Baghlan Province after she sought a divorce from a local court.

In the informal system, elders relied on interpretations of sharia and tribal customs, which generally discriminated against women. Many women reported limited access to justice in male-dominated tribal shuras, where proceedings focused on reconciliation with the community and family rather than the rights of the individual. Women in some villages were not allowed any access to dispute resolution mechanisms. Lack of awareness of their legal rights and illiteracy also limited women’s ability to access justice. Women’s advocacy groups reported in some cases that the government intervened informally with local courts to encourage them to interpret laws in ways favorable to women. Many cases in remote districts, however, reportedly were resolved according to the local police officer’s or prosecutor’s discretion or interpretation of the law. When legal authorities were aware of the EVAW law and its implementation, women were in some cases able to get appropriate assistance. Prosecutors in some provinces, however, continued to be reluctant to use the EVAW law. Moreover, in cases in which prosecutors brought charges under the EVAW law, judges would sometimes replace those charges with others based on the penal code.

Police, prosecutors, and judges discriminated against women in criminal and civil legal proceedings stemming from violence and forced marriages. Enhanced availability of legal aid, including through female attorneys, provided some relief in formal justice system proceedings.

Cultural prohibitions limiting women’s movement prevented many women from working outside the home and reduced their access to education, health care, police protection, and other social services. In December the head of the council of religious scholars (Ulema Council) in Takhar Province declared women were the “most shameful” persons. He was fired immediately after his statement.

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The EVAW law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation. Some educated urban women found substantive work, but many were relegated to menial tasks in the workplace, regardless of qualification. There were 2,834 female police officers as of September 2015, including those in training, constituting less than 2 percent of the total police force. While the government made efforts to recruit additional female police officers, cultural customs and discrimination rendered recruitment and retention difficult. Women in high-profile positions of government service continued to be subjected to threats and violence.

The Ministry of Women’s Affairs and NGOs promoted women’s rights and freedoms. According to the AIHRC, many women in the civil service did not meet the minimum qualification of a bachelor’s degree imposed by the priority reform and restructuring system. The women’s ministry, the primary government agency responsible for addressing gender policy and the needs of women, had offices in all provinces and established gender units in all ministries. Gender units at lower ranks, however, lacked major influence, and men typically dominated their leadership positions. Although the ministry’s provincial offices assisted hundreds of women by providing legal and family counseling and referring women, they could not directly assist relevant organizations. The ministry and provincial line directorates suffered from a lack of capacity and resources.

Despite improvements in health over the past decade, the overall health of women and children remained poor, particularly among nomadic and rural populations and those in insecure areas. As with men, women’s life expectancy was 64 years of age. Rural women suffered disproportionately from insufficient numbers of skilled health personnel, particularly female health workers.

Compared to men, women and children were disproportionately victims of preventable deaths due to communicable diseases. Although free health services were provided in public facilities, many households could not afford certain costs related to medicines or transportation to health-care facilities, and many women were not permitted to travel to health-care facilities on their own.

Children

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

Education: Education is mandatory up to the lower secondary level (six years for primary school and three years for lower secondary), and the law provides for free education up to and including the college level. Many children, however, did not attend school.

According to UNICEF’s April report on health care and education, 369 schools closed in 2015, and 139,000 children were out of school. Military operations and increased levels of violence impeded children’s access to education. Use of school buildings by both ANDSF and militants also affected children’s ability to attend school, especially for young girls. On June 4 and July 4, the Ministry of Education issued two directives asking security forces to stop using schools for military purposes.

In most regions boys and girls attended primary classes together but were separated for intermediate and secondary education. According to a statement by the Ministry of Education on December 18, of the country’s nine million registered schoolchildren, 24 percent did not attend school. The ministry estimated 3.5 million schoolchildren, or 39 percent, were girls. Many students were not enrolled full-time or dropped out early.

According to the Education for All 2015 National Review Report: Afghanistan, in 2013 the gross enrollment rate for girls as a percentage of total enrollment was approximately 41 percent at the primary level, 36 percent at the lower secondary level, and 35 percent at the upper secondary level. According to the same report, the literacy rate for girls and women 15 to 24 years of age was 32 percent as of 2012.

The status of girls and women in education was a matter of grave concern. Key obstacles to girls’ education included poverty, early and forced marriage, insecurity, lack of family support, lack of female teachers, and the long distance to school. Former president Karzai’s 2012 Decree on Governance and Corruption addressed the lack of female teachers, particularly in conservative rural areas, by charging the Education Ministry with recruiting an additional 11,000 teachers and increasing the number of district-level teacher training support centers to provide training opportunities for female teachers. According to the ministry, there were 202,336 teachers in public schools, and 33 percent of them were women as of November. There were 20,337 teachers in private schools, and 52 percent were women.

Violent attacks on schoolchildren, particularly girls, also hindered access to education. Violence impeded access to education in various sections of the country, 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. Between January and June, UNAMA documented 25 incidents of threat and intimidation targeting schools, students, or schools staff. According to reports submitted to UNAMA, on January 7, 15 masked men entered a girls’ high school in Jowzjan Province and warned that female students over 12 must wear burqas. Following the threat, the school’s principal imposed a requirement for all girls over 12 to wear burqas. On April 13, in an attack by Taliban forces in Laghman Province, Taliban insurgents attacked Besram high school near the provincial capital of Mehtar Lam City, leaving two students dead and three students injured when stray bullets hit the school. On April 20, a headmaster in Khwaja Bahauddin district of Takhar Province was killed by a stray bullet in front of his students.

Insecurity, conservative attitudes, and poverty denied education to millions of school-age children, mainly in the southern and southeastern provinces. A representative from the Ministry of Education estimated in November that 140,000 schoolchildren in insecure areas did not have access to education. There were also reports of abduction and molestation. The lack of community-based, nearby schools was another factor inhibiting school attendance.

Child Abuse: NGOs reported increased numbers of child abuse victims during the year, and the problem remained endemic throughout the country. Such abuse included general neglect, physical abuse, sexual abuse, abandonment, and confined forced labor to pay off family debts. Police reportedly beat and sexually abused children; for instance, Agence France-Presse reported a case of a 13-year-old boy kidnapped by a police commander in southern Helmand. 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.

Sexual abuse of children was pervasive. NGOs noted girls were more frequently abused by extended family members, while boys were more frequently abused by men outside their families. In November a five-year-old girl in Baghlan Province was allegedly raped by relatives of her older sister’s fiance after her sister ran off with another man. There were reports religious figures sexually abused both boys and girls. NGOs noted families often were complicit, allowing local strongmen to abuse their children in exchange for status or money. The Ministry of Interior tracked cases of rape, but most NGOs and observers estimated the official numbers significantly underreported the phenomenon. Many perpetrators of child sexual abuse were not arrested, and there were reports security officials and those connected to the ANP raped children with impunity. The practice continued of bacha baazi (dancing boys), which involved powerful or wealthy local figures and businessmen sexually abusing young boys trained to dance in female clothes. Reports of the practice increased since 2001.

There were multiple reports and press articles on the rape of young boys who were forcibly kept as bachas. After a June 15 article the Agence France-Presse published on Taliban forces using bacha baazi to infiltrate and carry out attacks against Afghan security forces, President Ghani ordered an investigation of sexual abuse cases in the security forces. The President’s Office stated that anyone, regardless of rank, found guilty of engaging in bacha baazi would be prosecuted. The government did not release a report on the investigation. At year’s end no known prosecutions of perpetrators in the security forces had taken place.

A September 2015 article in the New York Times documented the practice of bacha baazi by progovernment forces in Kunduz Province. Following the report, the Ministries of Interior and Defense and the President’s Office issued statements condemning the practice. The president also ordered the creation of a working committee, including the AIHRC, Interior Ministry, and AGO, to investigate and monitor cases of abuse and create a mechanism to prevent and prosecute perpetrators. There were no reports on the progress of the committee.

The government took few other steps to discourage the abuse of boys or to prosecute or punish those involved. On December 12, President Ghani signed a new trafficking-in-persons law, which includes legal provisions criminalizing behaviors associated with the sexual exploitation of children. In 2014 the AIHRC released its national inquiry on bacha baazi. The report asserted bacha baazi was a form of trafficking already criminalized and called on the government to enforce the law actively. It attributed the root causes of the practice to lack of rule of law, corruption, gaps in the law, poverty, insecurity, and the existence of armed insurgent groups. The report noted the serious psychological and physical harm victims faced and called on the government to provide protective services to victims.

Early and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 (15 with the consent of a parent or guardian and the court) for girls and 18 for boys, international and local observers continued to report widespread early marriage. A 2014 survey by the Ministry of Public Health showed 53 percent of all women ages 25-49 married by age 18 and 21 percent by age 15. According to the Central Statistics Organization of Afghanistan, 17 percent of girls ages 15 to 19 were married. During the EVAW law debate, conservative politicians publicly stated it was un-Islamic to ban the marriage of girls younger than 16. Under the EVAW law, those who arrange forced or underage marriages may be sentenced to imprisonment for not less than two years, but implementation of the law was limited. The Law on Marriage states marriage of a minor may be conducted with a guardian’s consent.

By law a marriage contract requires verification that the bride is 16 years of age (or 15 with the permission of her parents or a court), but only a small fraction of the population had birth certificates. Following custom, some poor families pledged their daughters to marry in exchange for “bride money,” although the practice is illegal. According to local NGOs, some girls as young as six or seven were promised in marriage, with the understanding the actual marriage would be delayed until the child reached puberty. Reports indicated, however, that this delay was rarely observed and that young girls were sexually violated by the groom or by older men in the family, particularly if the groom was also a child. Media reports also noted the “opium bride” phenomenon, in which farming families married off their daughters to settle debts to opium traffickers.

There were multiple media reports of girls given in baad or sold. In July an elderly mullah was arrested in Ghor Province for marrying a six-year-old girl. The girl’s father was also arrested after the mullah claimed that he was given the girl as a religious offering in exchange for prayers and a few goods. In August an 18-year-old woman in Badghis Province was beheaded by her husband’s family after asking for a divorce. The victim was only three years old when her father arranged her engagement to a local boy.

Other Harmful Traditional Practices: Girls under age 18 continued to be at risk for honor killings for perceived sexual relations outside of marriage, running away, not accepting a forced marriage, or being a victim of sexual assault. In July 2015 media reported family members of a 15-year-old girl in Baghlan Province shot and killed her and a 17-year-old boy after the two returned home following an elopement.

Sexual Exploitation of Children: Although pornography is a crime, child pornography is not specifically identified under the law. Exploiting a child for sexual purposes, often associated with bacha baazi, was widespread, although some aspects of this practice are separate crimes under the penal code.

Child Soldiers: In February the Law on Prohibition of Children’s Recruitment in the Military became effective. There were reports the ANDSF and progovernment militias used children for specific purposes in a limited number of cases, and the Taliban and other antigovernment elements recruited children for military purposes (see section 1.g.). Media reported that local progovernment commanders recruited children under 16 years of age. These children participated in military operations against the Taliban in the Baharak district of Badakhshan. UNAMA documented 15 incidents of recruitment and use of children by pro- and antigovernment groups. Taliban trained at least three boys, including a nine-year-old boy with mental disability, for suicide attacks in Kandahar and Nangarhar.

Displaced Children: The Ministry of Labor, Social Affairs, Martyrs, and Disabled and the AIHRC continued to estimate the number of street children in the country at six million, but the National Census Directorate had not conducted a recent survey. Street children had little or no access to government services, although several NGOs provided access to basic needs, such as shelter and food.

Institutionalized Children: Living conditions for children in orphanages were poor. The social affairs ministry oversaw 84 Child Protection Action Network centers and 78 residential orphanages, which were designed to provide vocational training to children from destitute families. Of these, 30 were privately funded orphanages and 48 were government-funded centers operated by NGOs by agreement with the ministry. NGOs reported up to 80 percent of children between ages four and 18 years in the orphanages were not orphans but came from families that could not provide food, shelter, or schooling. Children in orphanages reported mental, physical, and sexual abuse and occasionally were subjected to trafficking. They did not have regular access to running water, heating in winter, indoor plumbing, health services, recreational facilities, or education.

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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

There was no Jewish community in the country, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits 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 on the Rights and Benefits of Disabled Persons provides for equal rights to, and the active participation of, such persons in society. The Ministry of Labor, Social Affairs, Martyrs, and Disabled continued to implement a five-year national action plan through a memorandum of understanding with the Ministry of Information and Culture and the Ministry of Education to implement public awareness programs on the rights of persons with disabilities through national media and to provide scholarships for students with disabilities. There were reports the information ministry was not cooperative regarding implementation of the memorandum of understanding.

During the year there were approximately 80,000 persons with disabilities registered with the ministry who received financial support from the government. Persons with 30 to 60 percent disability received an annual payment of 26,100 Afghanis ($450), and persons with more than 60 percent disability received a total of 52,200 Afghanis ($900) annually.

Disability rights activists reported that corruption prevented some persons with disabilities from receiving benefits. There were reports that government officials redirected scholarship funds for persons with disabilities to friends or family through fraud and identity theft. NGOs and government officials also reported that associations of persons with disabilities attempted to intimidate ministry employees in an effort to secure benefits such as apartments.

Lack of security remained a challenge 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.

Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, lack of economic opportunities, and social exclusion. NGOs reported persons with disabilities faced difficulties accessing the majority of public buildings, including government ministries, health clinics, and hospitals. Society and even their own families mistreated persons with disabilities, since there was a common perception persons had disabilities because they or their parents had “offended God.”

In the Meshrano Jirga, authorities reserved two of the presidentially appointed seats for persons with disabilities.

National/Racial/Ethnic Minorities

Ethnic tensions between various groups continued to result in conflict and killings.

Societal discrimination against Shia Hazaras continued along class, race, and religious lines 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 ANP officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported Hazara ANSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country.

Multiple kidnappings of Hazara were reported in several provinces, including Ghazni, Zabul, and Baghlan. The abductors reportedly shot, beheaded, ransomed, or released the kidnapping victims. In February 2015 unidentified gunmen abducted 31 Hazara men from a bus in Zabul Province. The abductors released 19 of the men in May and eight others in November. Four of the hostages remained unaccounted for at year’s end.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs and harassment in school, as well as verbal and physical abuse in public places. According to the Sikh and Hindu Council of Afghanistan, there were approximately 900 members of the Sikh and Hindu community in the country.

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

The law criminalizes consensual same-sex sexual conduct, and there were reports that harassment, violence, and detentions by police continued. NGOs reported police arrested, detained, robbed, and raped gay men. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity.

Homosexuality was widely seen as taboo and indecent. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community did not have access to certain health 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 be legally registered. Members of the LGBTI community reported they continued to face discrimination, assault, rape, and arrest.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV/AIDS, but there was reportedly serious societal stigma against persons with AIDS.

Andorra

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

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, both of which are punishable by up to 15 years’ imprisonment. It penalizes domestic physical or psychological violence with a prison sentence of up to three years. Authorities enforced the law effectively. To implement the law on the Elimination of Gender-Based and Domestic Violence that entered into effect in February 2015, the government in March established a national commission for the prevention of domestic and gender-based violence with the participation of members of the Ministries of Social Affairs, Justice, and Interior; Health; and Education and Higher Instruction, as well as the judiciary and the prosecutor’s office.

As of June 30, the Prosecutor’s Office initiated 67 criminal proceedings related to gender violence and 19 related to domestic violence. The Prosecutor’s Office concluded 33 cases of gender violence and four cases of domestic violence. Almost all the cases involved elements of psychological abuse and mistreatment. Some cases also involved injuries, sexual aggression, and threats.

The government’s Interdisciplinary Team on Gender Violence (EAID) provided medical and psychological services (including a hotline) as well as legal assistance to victims of domestic violence. In addition the government placed abused women and their children in a shelter, in a hotel, or with foster families who agreed to provide shelter. As of August, EAID had assisted 127 cases of domestic violence against women of which 42 were new. These cases involved psychological, physical, and sexual violence, as well as social and economic mistreatment. Caritas, a religious nongovernmental organization (NGO), worked closely with the government and other NGOs in providing support to the victims in their integration into society.

Victims of domestic violence could also request help from the NGO Andorran Women’s Association (ADA), which works for women’s rights. According to the ADA, victims were reluctant to file a complaint with police due to fear of reprisal.

The government established a department on equality policies in the Ministry of Social Affairs, Justice, and Interior to promote and develop programs to prevent and fight against gender and domestic violence as well as any other forms of inequality.

Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three months’ to three years’ imprisonment. As of June 30, four cases of sexual harassment were reported.

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

Discrimination: The law prohibits discrimination against women privately or professionally with fines up to 24,000 euros ($26,400). As of June 30, two cases were processed.

In a press statement at the conclusion of his visit to the country on May 10-11, Nils Muiznieks, the Council of Europe’s commissioner for human rights, called upon the government to adopt a comprehensive antidiscrimination law, providing effective protection against discrimination, including gender. He also called to engage the authorities with the private sector, in particular the banking sector, to find ways of remedying reported inequalities and discrimination facing many women employed in this sector.

In February the government organized a training session on nondiscrimination, for journalists and another course for labor inspectors. The courses provided indicators and highlighted strategies on how to identify hidden or invisible discrimination.

Children

Birth Registration: According to the law, citizenship is acquired at birth in the following circumstances: a child is born in the country to an Andorran parent or born abroad to an Andorran parent born in the country; a child is born in the country if either parent was born in the country and is living there at the time of birth, or if both parents are stateless or of unknown identity. A child of foreign parents may acquire Andorran nationality by birth in the country if at the time of birth one of the parents has completed 10 years’ permanent residence in the country. Otherwise, the child may become a citizen before attaining the age of majority or a year after reaching the age of majority if his/her parents have been permanently resident in the country for 10 years or if the person can prove that he/she has lived in the country permanently and uninterruptedly for the last five years. In the meantime the child has a provisional passport.

Children are registered at birth.

Child Abuse: Through the end of June, the Prosecutor’s Office initiated 52 criminal proceedings related to child abuse, of which nine related to domestic violence against children and 43 related to violence against children. As of the end of June, the Prosecutor’s Office concluded one case of violence against children.

The government’s Specialized Child Protection Team consisted of two social workers, two social educators, and two psychologists. The team, which intervened in situations where children and young persons were at risk or lacked protection, collected data on cases of child abuse. As of June 30, authorities assisted 185 minors at risk, of which 58 were new cases. As of the end of July, 23 minors lived in a shelter designated for them.

Early and Forced Marriage: The minimum legal age of marriage is 16 years for both girls and boys and as early as 14 years with judicial authority.

Sexual Exploitation of Children: The law against rape also covers statutory rape. Child pornography is illegal and carries a prison sentence of up to four years. The minimum age of sexual consent is 14 years. The penalty for statutory rape is 15 years’ imprisonment, the same as for rape in general.

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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

Unofficial estimates placed the size of the Jewish community at approximately 100 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

There were no confirmed reports during the year that Andorra was a source, destination, or transit country for victims of human trafficking.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, and the provision of other government services.

The law mandates access to public buildings, information, and communications for persons with disabilities, and the government generally enforced this provision.

According to the Ministry of Social Affairs, Justice, and Interior, schools continued to implement the law requiring them to adapt their infrastructure to the needs of children with disabilities. The majority of children with disabilities attended regular schools. Additionally one separate school for children with disabilities existed in the country.

The Andorran Federation of Associations for Persons with Disabilities represented most of the organizations in the country that worked with persons with disabilities. The federation’s priorities are accessibility for persons with disabilities and their entry into the workforce, two areas in which the country was not fully compliant with international standards. The lack of sufficient adapted public transportation remained a concern.

National/Racial/Ethnic Minorities

Although the government effectively enforced the provisions of the constitution and the law against discrimination for the most part, in its latest report in 2015, the European Commission against Racism and Intolerance noted that the country’s laws do not apply the principle of the sharing of the burden of proof. The law relating to hearing complaints on the grounds of race, color, ethnicity, nationality, religion, or language in civil and administrative courts does not provide that, when persons establish before the court facts of alleged direct or indirect discrimination, the respondent should prove that there has been no discrimination, racism, or intolerance.

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

According to lesbian, gay, bisexual, transsexual, and intersexual associations, the number of bullying cases at school has increased. As of June, 10 cases were registered, one of which was in court. Many of these cases were due to sexual orientation.

Austria

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is punishable by up to 15 years’ imprisonment. The government generally enforced the law. Law enforcement response to rape and domestic violence was effective. Women’s NGOs estimated charges were filed in 10 percent of rape cases and only 13 percent of those led to convictions, due to lack of credible evidence.

Domestic violence is punishable under the criminal code provisions for murder, rape, sexual abuse, and bodily injury. There were reports of violence against women, including spousal abuse. Police can issue a two-week order barring abusive family members from contact with survivors. The order can be extended to four weeks, and a court may further extend the order.

Under the law the government provided psychosocial care in addition to legal aid and support throughout the judicial process to survivors of gender-based violence. Police training programs addressed sexual or gender-based violence and domestic abuse.

The government funded privately operated intervention centers and hotlines for victims of domestic abuse. The centers provided for victims’ safety, assessed the threat posed by perpetrators, helped victims develop plans to stop the abuse, and provided legal counseling and other social services. NGOs reported these centers were generally effective in providing shelter for victims of abuse.

Sexual Harassment: The law prohibits sexual harassment, and the government generally enforced the law. Labor courts may order employers to compensate victims of sexual harassment based on the Federal Equality Commission’s finding in a case. The law entitles a victim to a minimum of 1,000 euros ($1,100) in compensation.

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

Discrimination: Women enjoy the same legal rights as men. Discrimination in employment and occupation occurred with respect to women.

Children

Birth Registration: By law children derive citizenship from one or both parents. Officials register births immediately.

Child Abuse: Child abuse is punishable by up to five years’ imprisonment, which may be extended to 10 years if the victim dies because of negligence. Severe sexual abuse or rape of a minor is punishable by up to 20 years’ imprisonment, which may be increased to life imprisonment if the victim dies because of the abuse.

The government continued its efforts to monitor child abuse and prosecute offenders. The Ministry for Economics, Family, and Youth estimated close family members or family friends committed 90 percent of child abuse. Officials noted a growing readiness to report cases of such abuse.

Early and Forced Marriage: The minimum legal age for marriage is 18. Adolescents between the ages of 16 and 18 may legally contract a marriage if they obtain a special permit for this purpose. NGOs estimated there were approximately 200 cases of early marriage annually, primarily in the Muslim and Romani communities.

Sexual Exploitation of Children: The law provides up to 10 years’ imprisonment for an adult convicted of sexual intercourse with a child under the age of 14, the minimum age for consensual sex. If the victim becomes pregnant, the sentence may be extended to 15 years.

It is a crime to possess, trade, or privately view child pornography. Exchanging pornographic videos of children is illegal. Possession of child pornography is punishable by up to two years’ imprisonment, while trading in child pornography is punishable by up to 10 years’ imprisonment.

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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

According to figures compiled by the Austrian Jewish Community (AJC), there are between 12,000 and 15,000 Jews in Austria, of whom an estimated 8,000 persons are members of the AJC.

The NGO Forum against Anti-Semitism reported 465 anti-Semitic incidents during 2015. These included two physical assaults in addition to name calling, graffiti and defacement, threatening letters, dissemination of anti-Semitic writings, property damage, and vilifying letters and telephone calls. Of these, 205 cases of anti-Semitic internet postings were reported, more than double the previous year’s number. The government provided protection to the AJC’s offices and other Jewish community institutions in the country, such as schools and museums. The AJC noted rising fears that increasing anti-Islamic activities by the extreme right would increase anti-Semitism, with the extreme right targeting both groups as religious minorities. They also reported increasing fears of anti-Semitic activity from Muslim refugees.

In March the Vienna prosecutor’s office investigated an individual who had posted anti-Semitic messages at the Vienna Jewish Museum and other Jewish institutions. There were several cases of neo-Nazi-related vandalism and hate speech, including death threats and hate speech on the internet.

School curricula included discussion of the Holocaust, the tenets of different religious groups, and advocacy of religious tolerance. The Education Ministry offered special teacher training seminars on Holocaust education and conducted training projects with the Anti-Defamation League.

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 housing, employment, education, air travel and other transportation, access to health care, the judicial system, and other government services. The government did not effectively enforce these provisions. Employment discrimination against persons with disabilities occurred.

While federal law mandates access to public buildings for persons with physical disabilities, NGOs complained many public buildings lacked such access due to insufficient enforcement of the law and low penalties for noncompliance. The Ministry of Labor, Social Affairs, and Consumer Protection handled disability-related problems. The government funded a wide range of programs for persons with disabilities, including transportation and other assistance to help integrate schoolchildren with disabilities into regular classes and employees with disabilities into the workplace.

National/Racial/Ethnic Minorities

Interior Ministry statistics released in March cited 523 neo-Nazi, right-wing extremist, xenophobic, or anti-Semitic incidents in 2015. The government continued to express concern over the activities of extreme right-wing and neo-Nazi groups, many with links to organizations in other countries.

An NGO operating a hotline for victims of racist incidents reported receiving 927 complaints in 2015. It reported that racist internet postings had nearly doubled from 2014 and had, in particular, been directed against migrants and asylum seekers, refugee shelters, and NGOs assisting them.

The Islamic Faith Community’s documentation center for reporting Islamophobic incidents noted that such incidents increased markedly from only a few cases in April and May to 20 in June and July, following terrorist incidents in Western Europe.

Federal law recognizes Croats, Czechs, Hungarians, Roma, Slovaks, and Slovenes as national minorities. Human rights groups continued to report that Roma faced discrimination in employment and housing. The Austrian Romani Cultural Association estimated the Romani community consisted of more than 6,200 indigenous and between 15,000 and 20,000 nonindigenous individuals. The head of the association reported the situation of Roma continued to improve. Government programs, including financing for tutors, helped school-age Romani children move out of “special needs” programs and into mainstream classes.

NGOs reported that Africans living in the country were verbally harassed or subjected to violence in public. In some cases citizens stigmatized black Africans for perceived involvement in the drug trade or other illegal activities.

The government continued training programs to combat racism and educate police in cultural sensitivity. The Interior Ministry renewed an annual agreement with a Jewish group to teach police officers cultural sensitivity, religious tolerance, and the acceptance of minorities.

Poor German-language skills were a major factor preventing members of minorities, particularly refugees, from entering the workforce. The Labor and Integration Ministries continued efforts to improve the situation by providing German-language instruction and skilled-labor training to young persons with immigrant backgrounds. Compulsory preschool programs, including some one- and two-year pilot programs, sought to remedy language deficiencies for nonnative German speakers.

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

Antidiscrimination laws apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There was some societal prejudice against LGBTI persons but no reports of violence or discrimination based on sexual orientation or gender identity. Hate crime laws prohibit incitement, including incitement based on sexual orientation. LGBTI organizations generally operated freely. Civil society groups, however, criticized the lack of a mechanism to prevent service providers from discriminating against LGBTI individuals.

A 2015 Constitutional Court ruling provided for the possibility for adoption by same-sex couples as of January.

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