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Somalia

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

Children

Birth Registration: Nationality is derived at birth from a Somali national father but not from the mother, nor from birth in the country’s territory. Children of Somali mothers may acquire Somali nationality after two years. The provisional federal constitution provides that there is only one Somali citizenship and calls for a special law defining how to obtain, suspend, or lose it, but as of year’s end parliament had not passed such a law.

Authorities reportedly registered only a small percentage of births in the country. Failure to register births did not result in denial of public services such as education.

Although birth registration occurred in Somaliland, numerous births in the region were unregistered.

Education: The law provides the right to a free education up to the secondary level, but education was not free, compulsory, or universal. In many areas children did not have access to schools. Nearly one-half of the school-age population remained out of school due to barriers such as poverty in rural areas, lack of security, exorbitant school fees, and competing household and labor demands. NGOs and nonstate private actors attempted to fill this gap, but they used different curricula, standards, and languages of instruction. Preprimary Islamic education continued to be prevalent and often led to late primary student enrollment. Girls faced additional obstacles such as early marriage and low prioritization of girls’ education, leading to even lower attendance. IDP children had much lower rates of attendance than nondisplaced children. There was an insufficient supply of qualified teachers, particularly female teachers.

The government lacked funds to provide effective education countrywide, a gap partially filled by NGOs and nonstate private actors, and its reach was often limited to more secure urban areas.

Child Abuse: Child abuse and rape of children were serious problems, and there were no known efforts by the government or regional governments to combat child abuse. Children remained among the chief victims of continuing societal violence.

The practice of asi walid, whereby parents place their children in boarding schools, other institutions, and sometimes prison for disciplinary purposes and without any legal procedure, continued throughout the country.

Child, Early, and Forced Marriage: The law requires both marriage partners to have reached the “age of maturity” and defines a child as a person younger than 18 but does not specifically outlaw child marriage. It notes marriage requires the free consent of both the man and woman to be legal. Early marriages frequently occurred. UNICEF estimated in 2006 that 45 percent of women married before age 18 and nine percent before age 15. In the government’s 2020 Health and Demographic Survey, supported by the UNFPA, more than 62 percent of married women and 74 percent of unmarried women aged 15-49 indicated they understood forced marriage as a form of domestic violence. In areas under its control, al-Shabaab arranged compulsory marriages between its soldiers and young girls and used the lure of marriage as a recruitment tool for its soldiers. There were no known efforts by the government or regional authorities to prevent child, early, and forced marriage.

Sexual Exploitation of Children: The law does not expressly prohibit using, procuring, and offering a child for prostitution, pornography, or pornographic performances. Additionally, children exploited in commercial sex are not protected from criminal charges under the law. There is no statutory rape law or minimum age for consensual sex. The law does not expressly prohibit child pornography. The law on sexual exploitation was rarely enforced, and such exploitation reportedly was frequent.

Displaced Children: There was a large population of IDPs and children who lived and worked on the streets. UNICEF estimated that 1.7 million of the 2.7 million total IDPs were children.

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

Persons with Disabilities

The law provides equal rights before the law for persons with disabilities and prohibits the state from discriminating against them. Authorities did not enforce these provisions. The law does not discuss discrimination by nongovernmental actors.

The needs of most persons with disabilities were not addressed. According to Amnesty International, persons with disabilities faced daily human rights abuses, such as unlawful killings; violence including rape and other forms of gender-based violence; forced evictions; and lack of access to health care, education, or an adequate standard of living. Children and adults with all types of disabilities were often not included in programs aimed at supporting persons in the country, including humanitarian assistance. IDPs with disabilities were often victims of multiple forced evictions. Domestic violence and forced marriage were prevalent practices affecting persons with disabilities. Women and girls with disabilities faced an increased risk of rape and other forms of gender-based violence, often with impunity, due to perceptions that their disabilities were a burden to the family or that such persons were of less value and could be abused.

Without a public health infrastructure, few services existed to provide support or education for persons with mental disabilities. It was common for such persons to be chained to a tree or restrained within their homes.

Local organizations advocated for the rights of persons with disabilities with negligible support from local authorities.

Sudan

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

Children

Birth Registration: The constitutional declaration states that persons born to a citizen mother or father have the right to citizenship. Most newborns received birth certificates, but some in remote areas did not. Registered midwives, dispensaries, clinics, and hospitals could issue certificates. Failure to present a valid birth certificate precludes enrollment in school. Access to health care was similarly dependent on possession of a valid birth certificate, but many doctors accepted a patient’s verbal assurance that he or she had one.

Education: The law provides for tuition free basic education up to grade eight, but students often had to pay school, uniform, and examination fees to attend. Primary education is neither compulsory nor universal.

Child Abuse: The government tried to enforce laws criminalizing child abuse and was more likely to prosecute cases involving child abuse and sexual exploitation of children than cases involving adults. Some police stations included “child friendly” family and child protection units and provided legal, medical, and psychosocial support for children.

Child, Early, and Forced Marriage: The legal age of marriage was 10 for girls and 15 or puberty for boys.

Sexual Exploitation of Children: Penalties for conviction of sexual exploitation of children vary and may include imprisonment, fines, or both. The CLTG tried to enforce laws criminalizing child sexual exploitation.

There is no minimum age for consensual sex or a statutory rape law. Pornography, including child pornography, is illegal. Statutes prescribe a fine and period of imprisonment not to exceed 15 years for conviction of child pornography offenses.

Displaced Children: Internally displaced children often lacked access to government services such as health and education due to security concerns and an inability to pay related fees. UNICEF estimated 960,000 children remained internally displaced (see section 2.d.).

Institutionalized Children: Police typically sent homeless children who had committed crimes to government camps for indefinite periods. Health care, schooling, and living conditions were generally very basic.

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

Persons with Disabilities

Although the law and the constitutional declaration provide protections for persons with disabilities, social stigma and a lack of resources hindered the government’s enforcement of disability laws. The law does not specifically prohibit discrimination against persons with disabilities.

Social stigma and lack of resources often prevented government and private entities from accommodating persons with disabilities in education and employment. Appropriate support remained especially rare in rural areas.

Other Societal Violence or Discrimination

Clashes often resulted from conflicts over land rights, mineral ownership, and use of gold-mining areas, particularly in the Jebel Amer area in North Darfur. Observers believed those clashes resulted in deaths and displacement in past years. Largely unregulated artisanal gold-mining activities continued in all of the Darfur states, although it was a lesser source of tension among communities than in previous years. Claims to land rights continued to be mostly ethnic and tribal in nature. Other clashes took place in Red Sea State, Kassala State and South Kordofan.

Tanzania

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

Children

Birth Registration: Citizenship is derived by birth within the country or abroad if at least one parent is a citizen. Registration within three months of birth is free; parents who wait until later must pay a fee. Public services were not withheld from unregistered children. The Registration, Insolvency and Trusteeship Agency, in collaboration with the Tigo telecommunication company, facilitated birth registrations of more than 3.5 million children younger than age five over the last six years in 13 regions. The program is ongoing. As of August 12, they had registered 4.3 million children younger than age five in 16 regions. In Tanga and Kilimanjaro, Tigo provided 1,350 free smart phones to facilitate the registration process.

Education: According to law, primary education is compulsory and universal on both the mainland and Zanzibar until age 13. Secondary school is tuition-free in Zanzibar but is not compulsory. The ruling CCM party manifesto includes a policy to provide fee-free education for primary and secondary students. Parents must still provide food, uniforms, and transportation.

Girls represented approximately one-half of all children enrolled in primary school but were absent more often than boys due to household duties and lack of sanitary facilities. At the secondary level, child, early, and forced marriage and pregnancy often caused girls to be expelled or otherwise prevented girls from finishing school.

Under the Education and Training Policy launched by the government in 2015, pregnant girls may be reinstated in schools. In 2017, however, President Magufuli declared that girls would not be allowed to return to school after giving birth. Human rights NGOs criticized the policy as contrary to the country’s constitution and laws. This policy led to girls being excluded from educational opportunities, while the fathers of the babies were often their teachers or other older men who frequently did not suffer any consequences.

Child Abuse: Violence against and abuse of children were major problems. Corporal punishment was employed in schools and the law allows head teachers to cane students. The National Violence against Children Survey, conducted in 2009 (the most recent data available), found almost 75 percent of children experienced physical violence prior to age 18.

On August 17, police in the coast region arrested a primary school teacher, Evata Mboya, for allegedly caning a 12-year-old fifth-grade student. The student, who was being punished for making noise in the classroom, was admitted to Mloganzila hospital in Dar es Salaam with severe head injuries.

Child, Early, and Forced Marriage: The law sets the legal age for marriage at 18. The law makes it illegal to marry a primary or secondary school student. To circumvent these laws, individuals reportedly bribed police or paid a bride price to the family of the girl to avoid prosecution. According to Human Rights Watch, girls as young as age seven were married. Zanzibar has its own law on marriage, but it does not specifically address child, early, and forced marriage. The government provided secondary school-level education campaigns on gender-based violence, which included information on child, early, and forced marriage.

In October 2019 the Court of Appeal rejected a government appeal to retain provisions in the law, which would permit girls as young as 14 to marry with parental consent, ruling that the act was unconstitutional and discriminatory towards girls. The government was supposed to remove the parental consent exceptions provision for marriage before the age of 18, but had not amended the law yet.

Sexual Exploitation of Children: The law criminalizes child sex trafficking and child pornography. Those convicted of facilitating child pornography are subject to fines ranging from nominal to substantial, a prison term between one and 20 years, or both. Those convicted of child sex trafficking are subject to fines ranging from nominal to substantial, a prison term of 10 to 20 years, or both. There were three prosecutions based on this law in 2019.

The law provides that sexual intercourse with a child younger than 18 is rape unless within a legal marriage. The law was not always enforced because cases were not always reported or because girls, facing pressure, dropped charges. For example there were accounts of statutory rapes of girls that went unreported in Zanzibar.

Infanticide or Infanticide of Children with Disabilities: Infanticide continued, especially among poor rural mothers who believed themselves unable to afford to raise a child. Nationwide statistics were not available.

Displaced Children: According to the Ministry of Health, Community Development, Gender, Elderly, and Children, large numbers of children were living and working on the street, especially in cities and near the borders. The ministry reported 6,132 children were living in hazardous conditions during the year. These children had limited access to health and education services because they lacked a fixed address or money to purchase medicines, school uniforms, and books. They were also vulnerable to sexual abuse. According to the Ministry of Health, Community Development, Gender, Elders, and Children, from July 2019 to March, 15,680 displaced children received necessities including food, clothing, education, and health services from a combination of government and private organizations.

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these provisions.

Few public buildings were accessible to persons with disabilities. New public buildings, however, were built in compliance with the law to provide access. The law provides for access to information and communication, but not all persons with disabilities had such access.

There were six members of the union parliament with disabilities. Persons with disabilities held three appointed seats in the Zanzibar House of Representatives. The Prime Minister’s Office includes a ministerial position responsible for disabilities. The country defines persons with albinism as disabled and appointed a person with albinism as its ambassador to Germany in 2017.

Limits to the political participation of persons with disabilities included inaccessible polling stations, lack of accessible information, limited inclusion in political parties, the failure of the NEC to implement directives concerning disability, and prejudice toward persons with disabilities.

According to the Annual Education Survey of 2018/19, the government expanded school infrastructure for children with disabilities as part of its National Strategy for Inclusive Education 2018-21. In 2018-19, there were 49,655 children with disabilities enrolled in primary schools and 10,749 enrolled in secondary schools. There were 2,485 primary schools identified as inclusive. The government procured equipment such as braille machines, magnifiers, large print books, audiometers, and specialized furniture. More than 340,000 learners with special needs remained out of school.

Other Societal Violence or Discrimination

Despite efforts by the government and NGOs to reduce mob violence through educational outreach and community policing, mob violence continued. According to the LHRC 2019 Mid-Year Report, 385 were killed in mob violence. In May in the Rukwa region, a university student was killed by an angry mob after he stabbed his girlfriend. In July in Pwani, a domestic servant killed his boss’s two children and wounded the mother. He was killed by persons who witnessed the incident.

Witchcraft-related killings continued to be a problem. According to the LHRC Mid-Year Report in 2019, there were 106 witchcraft-related killings from January to June 2019. Major victims or targets of such killings were often children or elderly women. The regions with the greatest number of killings were Mbeya, Iringa, Dar es Salaam, and Shinyanga.

In 2015 the government outlawed witchdoctors in an attempt to curtail killings of persons with albinism. Attacks on persons with albinism declined, and there were no reported cases of persons with albinism being killed or attacked. Persons with albinism remained at risk of violence, however, especially during election times, as some ritual practitioners sought albino body parts in the belief they could be used to bring power, wealth, and good fortune. Schools used as temporary shelters in some cases evolved into long-term accommodations, with many students with albinism afraid to return to their homes.

Farmers and pastoralists sometimes argued over traditional animal grazing areas, and violence occurred during some disputes.

Togo

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

Children

Birth Registration: According to the constitution, citizenship is derived either from birth within the country’s borders or, if abroad, from a Togolese parent. Conflicting nationality laws, however, discriminated against women. While the constitution provides that a child born of one citizen parent, be it the father or the mother, is a citizen, the nationality code states a woman may pass her nationality to a child only if the father is stateless or unknown. The child code, however, has gender-neutral nationality provisions that conflict with the nationality code.

Education: School attendance is compulsory for boys and girls until age 15, and the government provides tuition-free public education from nursery through primary school. Parents must pay for books, supplies, uniforms, and other expenses. There was near gender parity in primary school attendance. Girls were more likely than boys to complete primary school but less likely to attend secondary school.

Child Abuse: Child abuse was a widespread problem. The law criminalizes child abuse including sexual abuse defined as any sexual relationship or touching by an adult of a child younger than 16, the legal age of consensual sexual conduct for girls and boys. Conviction of violations is punishable by 10 to 20 years’ imprisonment and a substantial fine. The government worked with local NGOs on public-awareness campaigns to prevent exploitation of children.

The government maintained a toll-free telephone service for persons to report cases of child abuse and to seek help. The service provided information on the rights of the child and legal procedures and access to social workers who could intervene in emergencies. The government worked with UNICEF to train teachers on children’s rights and included human rights education in elementary school curricula.

Child, Early, and Forced Marriage: The legal ages for marriage are 18 for girls and 20 for boys, although both may marry at younger ages with parental consent. UNICEF statistics (2017 data) found that 25 percent of women were married before age 18 and 6 percent before age 15.

The government and NGOs engaged in a range of actions to prevent early marriage, particularly through awareness raising among community and religious leaders. The Ministries of Education, Gender, and Health led development of the National Program against Child Marriage and Teenage Pregnancy. Multiple initiatives focused on helping girls stay in school. Messages broadcast through media, particularly local radio, stressed avoiding early marriage and the importance of educating girls.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, including the sale and offering or procuring of children for prostitution, and practices related to child pornography. It provides penalties for those convicted of up to 20 years’ imprisonment and substantial fines. For conviction of violations involving children younger than age 15, prison sentences may be up to 10 years. The law was not effectively enforced. The minimum age of consensual sexual conduct is 16 for boys and girls.

The law prohibits child pornography, and penalties for conviction are five to 10 years’ imprisonment.

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, mental, intellectual, and sensory disabilities, but the government did not effectively enforce these prohibitions. The law does not mandate accessibility to public or private facilities for persons with disabilities, although some public buildings had ramps. Children with disabilities attended schools at all levels, with some attending schools specifically for those with disabilities. Information regarding possible abuse in these facilities was unavailable. The law does not restrict the right of persons with disabilities to vote and participate in civic affairs, although lack of accessible buildings and transportation precluded some from doing so.

The Ministry of Health, the Ministry of Education, and the Ministry of Social Action, Womens Empowerment and Literacy were responsible for protecting the rights of persons with disabilities. The Ministry of Social Action, Womens Empowerment and Literacy conducted awareness campaigns to fight discrimination and promote equality; it also distributed food and clothing and provided skills training to persons with disabilities.

Uganda

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

Children

Birth Registration: The law accords citizenship to children born inside or outside the country if at least one parent or grandparent is a citizen at the time of birth. Abandoned children younger than age 18 with no known parents are considered citizens, as are children younger than 18 adopted by citizens.

The law requires citizens to register a birth within three months. Lack of birth registration generally did not result in denial of public services, although some primary schools, especially those in urban centers, required birth certificates for enrollment. Enrollment in public secondary schools, universities, and other tertiary institutions required birth certificates.

Education: The law provides for compulsory education through the completion of primary school by age 13, and the government provided tuition-free education in select public primary and secondary schools (ages six to 18 years). Parents, however, were required to provide lunch and schooling materials for their children, and many parents could not afford such expenses. Local media and civil society organizations reported that child, early, and forced marriages and teenage pregnancy led to a higher rate of school dropouts for girls than for boys.

Child Abuse: The law prohibits numerous forms of child abuse and provides monetary fines, five years’ imprisonment, or both for persons convicted of abusing children’s rights. Victims’ parents, however, often opted to settle cases out of court for a cash or in-kind payment. Corporal punishment in schools is illegal and punishable by up to three year’s imprisonment. The law also provides for protection of children from hazardous employment and harmful traditional practices, including child marriage and FGM/C. Despite the law, a pattern of child abuse existed in sexual assault, physical abuse, ritual killings, early marriage, FGM/C, child trafficking, infanticide, and child labor, among other abuses. Traditional healers (witch doctors) kidnapped and killed children to use their organs for ancestral worship. Local NGOs reported cases in which wealthy entrepreneurs and politicians paid traditional healers to sacrifice children to ensure their continued wealth and then bribed police officers to stop the investigations. On August 3, local media reported that a community in Soroti Town had lynched Thomas Ekwaru, 25, after he confessed to killing his three-year-old niece in ancestral worship. Ekwaru said he had killed his niece to cleanse her deaf parents of evil spirits. Local media reported that in the vast majority of schools, beating with a cane was the preferred method of discipline. A 2018 UNICEF report stated that three in four children had experienced physical violence both at home and in school. Government statistics also showed that more than one in three girls experienced sexual violence during her childhood, and that most did not report the incidents because they feared they would be shamed or embarrassed. Local media, civil society organizations, and the government reported they registered an increase in child abuse after the government closed schools in March as part of a lockdown to prevent the spread of COVID-19. Civil society organizations reported that children experienced increased violence at home through beatings by their parents and guardians as a disciplinary measure.

The Lord’s Resistance Army, an armed group of Ugandan origin operating in the DRC, South Sudan, and the Central African Republic, continued to hold children against their will.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18, but authorities generally did not enforce this law. According to UNICEF in 2017, 40 percent of girls were married before age 18 and 10 percent were married before age 15. Local media, civil society organizations, and government officials reported that after the country instituted a lockdown in March to combat COVID-19, families married off children between the ages 13 and 17 to raise revenue through dowry payments to replace income lost during the pandemic. The minister of education and sports, the minister of gender, labor, and social development, and the minister of information and communications technology each called separately on communities to report child marriages and for police to investigate them adequately.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, the sale and procurement of sexual services, and practices related to child pornography. It sets the minimum age for consensual sex at 18 years. The law defines “statutory rape” as any sexual contact outside marriage with a child younger than 18, regardless of consent or age of the perpetrator, carrying a maximum penalty of death. The government did not enforce the law effectively, however, and the problem was pervasive. Local media reported that pimps along major cargo transit towns worked in tandem with bar and motel owners to place children on their premises as sex workers to a largely truck driver clientele. Civil society organizations also reported that pimps placed children to work as sex workers in places that tourists frequented.

Infanticide or Infanticide of Children with Disabilities: On September 14, media reported that some parents of children with disabilities abandoned them in the bush or threw them in pit latrines to die.

Displaced Children: Local civil society organizations and media reported that poverty and famine drove families in the remote northeast Karamoja region to send many children to Kampala to find work and beg on the streets. Civil society organizations reported that traffickers often manipulated families in Karamoja to sell their children to traffickers for 50,000 Ugandan shillings ($13.50) with promises the children would obtain a good education or a profitable job. Instead, traffickers forced the children to beg on the streets of Kampala or other major cities and gave them almost none of what they earned. Kampala City authorities worked with civil society organizations to return Karamojong street children to their families, but often the families soon returned the children to the streets because they partly depended on their collections to maintain their households.

Institutionalized Children: Local NGOs reported the UPF often detained child and adult suspects in the same cells and held them beyond the legal limit of 48 hours prior to arraignment.

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. It provides for access to education, employment, health services, information, communications, buildings, transportation, and the judicial system for persons with disabilities, but the government did not effectively enforce the law. Local media and activists for persons with disabilities reported that persons with disabilities experienced social prejudice and discrimination in social service delivery and in access to public spaces. Disability rights activists reported government requirements for every person to wear a face mask as part of its public health regulations to mitigate the spread of COVID-19 discriminated against deaf persons, who needed sign language–often accompanied by mouthing words–to communicate. Disability rights activists also highlighted that the president issued important policy speeches on television regarding COVID-19 without providing sign language interpretation for deaf persons. Local media reported some parents with children with disabilities hid them from the public out of shame, while some physically restrained them by tethering them to tree trunks. Local civil society organizations reported the government neither ran any support programming for persons with albinism, nor made an effort to establish the number of those with albinism or their concerns.

Other Societal Violence or Discrimination

Mob violence remained a problem. Communities often resorted to mob violence due to a lack of confidence in the UPF and the judiciary to deliver justice. They attacked and killed persons suspected of robbery, homicide, rape, theft, ritual sacrifice, and witchcraft, among other crimes. Mobs often beat, lynched, burned, and otherwise brutalized their victims. On May 3, local media reported that a community in Kakiri Town attacked a man they found in possession of a stolen handbag, beat him, and cut off one of his legs.

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The Lessons of 1989: Freedom and Our Future