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Afghanistan

Executive Summary

The United States has not recognized the Taliban or another entity as the government of Afghanistan. All references to “the pre-August 15 government” refer to the Islamic Republic of Afghanistan. References to the Taliban reflect events both prior to and after August 15.

Prior to August 15, the Islamic Republic of Afghanistan had a directly elected president, a bicameral legislative branch, and a judicial branch. The country held presidential elections in September 2019 after technical problems and security threats compelled the Independent Election Commission to reschedule the election multiple times. The commission announced preliminary election results on December 22, 2019, indicating that President Ashraf Ghani had won, although runner-up and then chief executive Abdullah Abdullah disputed the results, including after official results were announced February 18, 2020. Both President Ghani and Chief Executive Abdullah declared victory and held competing swearing-in ceremonies on March 9, 2020. Political leaders mediated the resulting impasse, resulting in a compromise on May 17, 2020, in which Ashraf Ghani retained the presidency, Abdullah was appointed to lead the High Council for National Reconciliation, and each of them was to select one-half of the cabinet members.

Under the pre-August 15 government, three entities shared responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the National Directorate of Security. The Afghan National Police, under the Ministry of Interior, had primary responsibility for internal order and for the Afghan Local Police, a community-based self-defense force with no legal ability to arrest or independently investigate crimes. Civilian authorities under the Ghani administration generally maintained control over the security forces, although security forces occasionally acted independently and committed numerous abuses. After August 15, security forces largely disbanded. The Taliban began to recruit and train a new police force for Kabul and announced in early October that the force had 4,000 persons in its ranks. The Taliban instructed pre-August 15 government employees to return to work, and the Ministry of Interior formally invited former police officers to return; however, returns were slow due to fear of retaliation and lack of salary payments.

The Taliban culminated its takeover on August 15 when Kabul fell to their forces. On September 7, the Taliban announced a so-called interim government made up almost entirely of male Taliban fighters, clerics, and political leaders, hailing from the dominant Pashtun ethnic group. As of December, the Taliban had announced most of its “interim cabinet” but had not outlined steps or a timeline to establish a new permanent government. The Taliban is a Sunni Islamist nationalist and pro-Pashtun movement founded in the early 1990s that ruled much of the country from 1996 until October 2001. The Taliban promoted a strict interpretation of Quranic instruction according to the Hanafi school of Sunni jurisprudence, seeking to eliminate secular governance.

Peace negotiations between representatives of the Ghani administration and the Taliban continued until August as the Taliban consolidated control over territory, but the talks failed to yield a political settlement or unity government. Throughout the year armed insurgents attacked Ghani administration forces, public places, and civilians, killing and injuring thousands of noncombatants. On August 15, as the Taliban approached Kabul, President Ghani fled the country, prompting an immediate collapse of the Afghan National Defense and Security Forces, and a political vacuum. Vice President Amrullah Saleh left the country shortly after as well.

Significant human rights issues occurred before and after August 15. Details of which group or groups perpetuated these human rights issues are addressed throughout the report. The human rights issues included credible reports of: killings by insurgents; extrajudicial killings by security forces; forced disappearances by antigovernment personnel; torture and cases of cruel, inhuman, or degrading treatment or punishment by security forces; physical abuses by antigovernment entities; arbitrary arrest or detention; serious problems with the independence of the judiciary; serious abuses in internal conflict, including killing of civilians, enforced disappearances and abductions, torture and physical abuses, and other conflict-related abuses; unlawful recruitment and use of child soldiers and sexual abuse of children, including by security force members and educational personnel; serious restrictions on free expression and media by the Taliban, including violence against journalists and censorship; severe restrictions of religious freedom; restrictions on the right to leave the country; serious and unreasonable restrictions on political participation; serious government corruption; serious government restrictions on and harassment of domestic and international human rights organizations; lack of investigation of and accountability for gender-based violence, including but not limited to cases of violence against women, including domestic and intimate partner violence, sexual violence, child, early and forced marriage, and other harmful practices; trafficking in persons for forced labor and commercial sexual exploitation; violence targeting members of ethnic minority groups; violence by security forces and other actors against lesbian, gay, bisexual, transgender, queer, and intersex persons; existence and use of laws criminalizing consensual same-sex sexual conduct; severe restrictions on workers’ freedom of association and severe restrictions by the Taliban on the right to work for women; and the existence of the worst forms of child labor.

Widespread disregard for the rule of law and official impunity for those responsible for human rights abuses were common. The pre-August 15 government did not consistently or effectively investigate or prosecute abuses by officials, including security forces. After taking over, the Taliban formed a commission to identify and expel “people of bad character” from its ranks. On December 25, a Taliban spokesperson told media that the group had expelled 1,985 individuals, and that those accused of corruption and robbery had been referred to legal authorities. Local and provincial Taliban leaders formed similar commissions and reported rooting out corrupt members. Little information was available regarding how individuals were identified, investigations were conducted, or what their outcomes were.

On September 27, the Office of the Prosecutor of the International Criminal Court filed an application for an expedited order seeking authorization to resume the investigation of alleged crimes against humanity and war crimes committed in the country. The investigation had been deferred due to a request from the pre-August 15 government. The International Criminal Court prosecutor stated that the Taliban takeover represented a significant change of circumstances affecting the ongoing assessment of the pre-August 15 government’s deferral request. The prosecutor determined that there was no prospect of genuine and effective domestic investigations within the country of crimes defined by Article 5 of the Rome Statute. The prosecutor announced that if he receives authorization to resume investigations, he intends to focus his efforts on crimes allegedly committed by the Taliban and ISIS-K, a terrorist group based in Salafist ideology that is an affiliate of the Islamic State in Iraq and al Sham and which is active in South and Central Asia.

Taliban elements attacked religious leaders who spoke out against them, particularly between the February 2020 signing of the U.S.-Taliban agreement and the August 15 Taliban takeover. During the year many Islamic scholars were killed in attacks for which no group claimed responsibility. Nonstate and armed groups, primarily the Taliban and ISIS-K, accounted for most child recruitment and used children younger than 12 during the year. Insurgent groups, including the Taliban, used children as suicide bombers. Antigovernment elements threatened, robbed, kidnapped, and attacked government workers, foreigners, medical and nongovernmental organization workers, and other civilians. The UN Assistance Mission in Afghanistan reported thousands of civilian casualties in the first nine months of the year due to clashes between government and antigovernment actors. Many of these casualties were attributed to antigovernment actors; however, the Taliban did not claim responsibility for civilian casualties. The Taliban referred to suicide attacks as “martyrdom operations.” The Taliban engaged in targeted killings of perceived opponents in areas controlled by the pre-August 15 government and in reprisal killings as it moved across the country. After August 15, senior Taliban leadership announced a wide-ranging general amnesty that prohibited reprisals, including against officials and others associated with the pre-August 15 government, for actions before the Taliban takeover; however, credible reports were received of retaliatory acts, including extrajudicial killings and forced disappearances, both before and after this announcement.

Section 6. Discrimination and Societal Abuses

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

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

The Taliban takeover of the country increased fears of repression and violence among LGBTQI+ persons, with many individuals going into hiding to avoid being captured by the Taliban. Many fled the country after the takeover. After the takeover, LGBTQI+ persons faced increased threats, attacks, sexual assaults, and discrimination from Taliban members, strangers, neighbors, and family members.

Members of the LGBTQI+ community reported being physically and sexually assaulted by Taliban members, and many reported living in physically and economically precarious conditions in hiding. In July a Taliban judge stated that gay men would be subject to death by stoning or crushing. In August a gay man was reportedly tricked into a meeting by two Taliban members and then raped and beaten. There were also reports from members of civil society that LGBTQI+ persons were outed purposely by their families and subjected to violence to gain favor with the Taliban. There were reports of LGBTQI+ persons who had gone missing and were believed to have been killed.

The law criminalizes consensual same-sex sexual conduct. Under sharia, conviction of same-sex sexual conduct is punishable by death, flogging, or imprisonment. Under the law, sex between men is a criminal offense punishable by up to two years’ imprisonment and sex between women with up to one year of imprisonment. Individual Taliban members have made public statements confirming that their interpretation of sharia allows for the death penalty for homosexuality.

The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. LGBTQI+ persons faced societal and governmental discrimination both before and after the Taliban takeover.

Albania

Executive Summary

The Republic of Albania is a parliamentary democracy. The constitution vests legislative authority in the unicameral parliament (the Assembly), which elects both the prime minister and the president. The prime minister heads the government, while the president has limited executive power. On April 25, the country held parliamentary elections. The Organization for Security and Cooperation in Europe found that the elections were generally well organized, voters had a choice of candidates who were able to campaign freely, and the Central Election Commission adequately managed its obligations. The Organization for Security and Cooperation in Europe report, however, highlighted several deficiencies, including vote buying, leaking of sensitive personal data, and significant advantage gained by the ruling party due to incumbency.

The Ministry of Interior oversees the Guard of the Republic and the State Police, which includes the Border and Migration Police. The State Police are primarily responsible for internal security. The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces. The State Intelligence Service is responsible to the prime minister, gathers information, and carries out foreign intelligence and counterintelligence activities. Civilian authorities maintained effective control over the security forces. There were some allegations of abuses by members of the security forces.

Significant human rights issues included: problems with the independence of the judiciary as it continued to undergo vetting; restrictions on free expression and the press; and pervasive corruption in all branches of government and municipal institutions.

Impunity remained a problem, although the Specialized Anticorruption Body and anticorruption courts made significant progress during the year in investigating, prosecuting, and convicting senior officials and organized criminals.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak. The National Action Plan for LGBTI concluded in 2020, and a new one for 2021-27 was being drafted. As of August, the commissioner for protection from discrimination had received seven cases of discrimination based on sexual orientation, gender identity, or both. Most cases were under review. In one case, the commissioner ruled against a Tirana taxi company that had refused services to transgender persons. The company had yet to respond to the commissioner. Reports indicated that LGBTQI+ persons continued seeking asylum in EU countries.

Sexual orientation and gender identity are among the classes protected by the country’s hate crime law. Despite the law and the government’s formal support for rights, public officials sometimes made homophobic statements. Some incidents of hate speech occurred online and in the media after an LGBTQI+ activist suggested changing the law to enable registering the children of LGBTQI+ couples. NGOs filed the case with the antidiscrimination commissioner and the ombudsperson. Government institutions did not react to the controversy.

Several persons were arrested for physically assaulting a transgendered person. As of August, the shelter service NGO Streha had assisted 72 LGBTQI+ youths facing violence or discrimination in their family and community. The Ministry of Health increased support to the shelters by covering the costs of shelter staff salaries. Other shelter costs, including food, medication, and shelter rent, remained covered by donors.

Algeria

Executive Summary

Algeria is a multiparty republic whose president, the head of state, is elected by popular vote for a five-year term. The president has the constitutional authority to appoint and dismiss cabinet members and the prime minister, who is the head of government. President Abdelmadjid Tebboune won the 2019 presidential election, which followed mass popular demonstrations (known as the Hirak) throughout 2019 calling for democratic reforms. Observers characterized the elections as well organized and conducted without significant problems or irregularities, but they noted restrictions on civil liberties during the election period and lack of transparency in vote-counting procedures. The country held a constitutional referendum in November 2020, followed by legislative elections on June 12. Official voter turnout was 23 percent, the lowest in the country’s history for a parliamentary election.

The 130,000-member National Gendarmerie, which performs police functions outside urban areas under the auspices of the Ministry of National Defense, and the 200,000-member General Directorate of National Security or national police, under the Ministry of Interior, share responsibility for maintaining law and order. The army is responsible for external security and has some domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included credible reports of: torture or cruel, inhuman, or degrading treatment or punishment by members of the security forces; arbitrary arrest and detention; political prisoners; serious problems with the independence of the judiciary and impartiality; unlawful interference with privacy; serious restrictions on free expression and media, including criminal defamation laws, unjustified arrests of journalists, government censorship and blocking of websites; substantial interference with freedoms of peaceful assembly and association, including squelching a resumption of the Hirak and overly restrictive laws on the organization, funding, or operation of nongovernmental and civil society organizations; restrictions of religious freedom; refoulement of refugees to a country where they would face a threat to their life or freedom; serious government corruption; lack of investigation of and accountability for gender-based violence against women; trafficking in persons; criminalization of consensual same-sex sexual conduct; significant restrictions on workers’ freedom of association; and the worst forms of child labor.

The government took steps to investigate, prosecute, or punish public officials who committed human rights abuses, especially corruption. The General Directorate of National Security conducted investigations into allegations of mistreatment and took administrative actions against officers it deemed to have committed abuses. The Ministry of Justice reported no prosecutions or convictions of civil, security, or military officials for torture or other abusive treatment. Impunity for police and security officials remained a problem.

Andorra

Executive Summary

The Principality of Andorra is a constitutional, parliamentary democracy. Two coprinces, the president of France and the Spanish bishop of Urgell, serve with joint authority as heads of state. In 2019 the country held free and fair multiparty elections for the 28 seats in parliament (the General Council of the Valleys), which selects the head of government. Having won a majority in parliament, the Democrats for Andorra formed a coalition with Liberals of Andorra and Committed Citizens, and elected Xavier Espot Zamora from the Democrats for Andorra head of government.

The country’s only security forces are the police, prison officers, traffic police, and forestry officials. The national police maintained internal and external security. The Ministry of Justice and Interior maintained effective civilian control over the security forces. There were no reports that members of the security forces committed abuses.

There were no reports of significant human rights abuses.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 6. Discrimination and Societal Abuses

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

The law considers sexual orientation an “aggravating circumstance” for crimes motivated by hate or bias. There were few cases of violence based on sexual orientation, gender identity, or sex characteristics. The Ministry of Social Affairs, Youth, and Equality received requests for psychological, social, and legal assistance from individuals based on their gender identity or expression. NGOs called for appropriate training on transsexuality, especially for professionals working with children, including medical professionals, teachers, and civil servants. Complaints on the grounds of sexual orientation and gender identity may be brought before the civil and administrative courts. Civil society saw a need for the government to improve its sensitivity to problems of the lesbian, gay, bisexual, transgender, queer, and intersex community.

Angola

Executive Summary

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

The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The Criminal Investigation Services, also under the Ministry of Interior, are responsible for preventing and investigating domestic crimes. The Expatriate and Migration Services and the Border Guard Police within the Ministry of Interior are responsible for law enforcement relating to migration. The state intelligence and security service reports to the presidency and investigates state security matters. The Angolan Armed Forces are responsible for external security but also have domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against groups such as the Front for the Liberation of the Enclave of Cabinda separatists in Cabinda. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

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

The government took significant steps to identify, investigate, prosecute, and punish officials who committed abuses as well as those who were involved in corruption. Nevertheless, accountability for human rights abuses was limited due to a lack of checks and balances, lack of institutional capacity, a culture of impunity, and government corruption.

Section 6. Discrimination and Societal Abuses

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

The constitution prohibits all forms of discrimination but does not specifically address sexual orientation or gender identity. On February 11, changes to the penal code took effect that decriminalize same-sex sexual relations and criminalize acts of violence or discrimination based on a person’s sexual orientation. Transgender and intersex persons are not specifically covered in the new legislation, nor does it recognize same-sex marriage, leading to problems in adoption and family planning, accompanying family into health-care facilities, and obtaining appropriate identity documents.

Local NGOs reported that LGBTQI+ persons faced violence, discrimination, and harassment. The government, through its health agencies, instituted a series of initiatives to decrease discrimination against LGBTQI+ persons.

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

Antigua and Barbuda

Executive Summary

Antigua and Barbuda is a multiparty parliamentary democracy. The prime minister is the head of government and Queen Elizabeth II is the head of state, represented by a governor general. The ruling Antigua and Barbuda Labour Party won a majority of seats in 2018 parliamentary elections that were deemed free and fair.

Security forces consist of the Royal Police Force of Antigua and Barbuda, the prison guard service, immigration officers, airport and port security personnel, the Antigua and Barbuda Defense Force, and the Office of National Drug and Money Laundering Control Policy. National security, including police and prison guards, falls under the supervision of the attorney general, who is also the minister of legal affairs, public safety, and labor. Immigration falls under the Ministry of Foreign Affairs, International Trade, and Immigration. The Ministry of Finance is responsible for money-laundering policy. Civilian authorities maintained effective control over the security forces. There were no credible reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of serious acts of official corruption, and the existence of laws criminalizing consensual same-sex sexual conduct, although the laws were not enforced.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses. The government implemented the law criminalizing official corruption despite prolonged disruptions to the criminal justice system during the pandemic.

Section 6. Discrimination and Societal Abuses

Sexual Exploitation of Children: Child pornography is illegal and subject to large fines and up to 20 years in prison. The minimum age for consensual sex is 16.

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.

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

There were no reports of public violence committed against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons due to their actual or perceived sexual orientation.

Sodomy is criminalized under indecency statutes, with a maximum penalty of 15 years’ imprisonment; however, the law was not enforced. Consensual same-sex sexual conduct between men or between women is criminalized with a maximum penalty of up to five years’ imprisonment. No law specifically prohibits discrimination against LGBTQI+ persons.

Area Administered by Turkish Cypriots

Read A Section: The Area Administered By Turkish Cypriots

Republic of Cyprus

The government of the Republic of Cyprus is the only internationally recognized government on the island, but since 1974 the northern third of Cyprus has been administered by Turkish Cypriots.  This area proclaimed itself the “Turkish Republic of Northern Cyprus” in 1983.  The United States does not recognize the “Turkish Republic of Northern Cyprus,” nor does any country other than Turkey.  A substantial number of Turkish troops remain on the island.  A buffer zone, or “Green Line,” patrolled by a UN Peacekeeping Force, separates the two sides.  This report is divided into two parts:  the Republic of Cyprus, and the area administered by Turkish Cypriots.

EXECUTIVE SUMMARY

The northern part of Cyprus has been administered by Turkish Cypriots since 1974 and proclaimed itself the “Turkish Republic of Northern Cyprus” in 1983. The United States does not recognize the “Turkish Republic of Northern Cyprus,” nor does any country other than Turkey. In 2020 Ersin Tatar was elected “president” and leader of the Turkish Cypriot community in elections widely seen as influenced by pro-Tatar interference from Turkey. In 2018 voters elected 50 “members of parliament” in free and fair elections. The “Turkish Republic of Northern Cyprus” “constitution” is the basis for the “laws” that govern the area administered by Turkish Cypriot authorities.

Police are responsible for enforcement of the “law.” The “chief of police” is nominally under the supervision of the “Prime Ministry.” Police and Turkish Cypriot security forces, however, are ultimately under the operational command of the Turkish armed forces, as provided by the “constitution,” which entrusts responsibility for public security and defense to Turkey. Authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: serious restrictions on free expression and media, including criminal libel “laws”; refoulement of asylum seekers; serious acts of “government” corruption; lack of investigation of and accountability for gender-based violence; trafficking in persons; and crimes involving violence or threats of violence targeting members of national minorities.

Authorities took steps to investigate officials following allegations of human rights abuses and corruption. There was evidence, however, of impunity.

Section 6. Discrimination and Societal Abuses

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

The “law” prohibits discrimination against LGBTQI+ persons based on sexual orientation or gender identity in housing, employment, nationality laws and access to government services. According to the “criminal code,” it is a minor offense for a civil servant employee to discriminate against any person based on sexual orientation or gender identity.

Authorities did not effectively enforce the “law.”

While there were no reported cases of official or societal discrimination based on sexual orientation or gender identity in employment, housing, or access to education or health care, members of the LGBTQI+ community noted an overwhelming majority of LGBTQI+ persons concealed their sexual orientation or gender identity to avoid potential discrimination.

The Queer Cyprus Association reported LGBTQI+ persons often could not access legal remedies to discrimination based on sexual orientation or gender identity because authorities declined to enforce them.

Argentina

Executive Summary

Argentina is a federal constitutional republic. In October 2019 Alberto Fernandez was elected president in elections that local and international observers considered generally free and fair. On November 14, the country held midterm municipal, provincial, and federal elections. Voters elected one-half of the members of the Chamber of Deputies, representing all the provinces and the autonomous city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces.

Federal, provincial, and municipal police forces share responsibility for law enforcement and maintenance of internal security. All federal police forces report to the Ministry of Security, while provincial and municipal forces report to a ministry or secretariat within their jurisdiction. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of unlawful and arbitrary killings, including extrajudicial killings; torture or cruel, inhuman, or degrading treatment or punishment by federal and provincial officials; harsh and life-threatening prison conditions; serious problems with the independence of the judiciary; serious government corruption; violence motivated by anti-Semitism; and the existence of the worst forms of child labor.

The government took limited steps to identify, investigate, prosecute, and punish officials who committed human rights violations and corruption.

Section 6. Discrimination and Societal Abuses

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

The National Observatory of Hate Crimes registered 69 official complaints of hate crimes against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals and six killings in the first half of 2020. The numbers were comparable with the same period in 2019.

National antidiscrimination laws do not specifically include the terms “sexual orientation or gender identity” as protected grounds, only “sex.” There was no reported official discrimination, however, based on sexual orientation or gender identity in employment, housing, or access to education. There were some cases of discrimination based on sexual orientation or gender identity in access to health care. Officials from the Ministry of Women, as well as media and NGOs, reported cases of discrimination, violence, and police brutality toward LGBTQI+ individuals, especially transgender persons.

In September 2020 President Fernandez decreed that at least 1 percent of the positions in public administration must be held by transvestites, transsexuals, and transgender persons. The Senate implemented a similar decree to regulate its own hiring practices.

In June the Senate passed a law providing access to formal employment for transvestites as well as transgender and transexual individuals. The law provides the same legal protections and privileges for transgender persons in the workplace as for cisgender persons, such as paid vacation and retirement provisions.

On July 21, the government formally recognized nonbinary identities through a presidential decree. The decree allows individuals to list an “X” for gender on national identity documents.

Armenia

Executive Summary

Armenia’s constitution provides for a parliamentary republic with a unicameral legislature, the National Assembly (parliament). The prime minister, elected by parliament, heads the government; the president, also elected by parliament, largely performs a ceremonial role. Prime Minister Nikol Pashinyan’s Civil Contract party won 54 percent of the vote and an overwhelming majority of seats in parliament in snap elections held on June 20. According to the October 27 final assessment of the international election observation mission under the umbrella of the Organization for Security and Cooperation in Europe, voters were provided with a broad range of options, the elections were generally well managed, and contestants were able to campaign freely. The elections, however, were also characterized by intense polarization and marred by increasingly inflammatory rhetoric. The observation mission noted that “high levels of harsh, intolerant, inflammatory and discriminatory rhetoric in the period leading up to election day tainted the debate.” Other shortcomings included incidents of pressure to attend campaign events, allegations of vote buying, blurring of the line between the ruling party and state, alleged misuse of administrative resources, inadequate campaign finance provisions, and the narrow standing allowed for submitting electoral complaints.

The national police force is responsible for internal security, while the National Security Service is responsible for national security, intelligence activities, and border control. The Anticorruption Committee, established on October 23, replaced the Special Investigative Service as an independent agency specializing in preliminary investigation of cases involving alleged corruption by public officials. The Investigative Committee is responsible for conducting pretrial investigations into general civilian and military criminal cases and incorporates investigative services. The National Security Service and police chiefs report directly to the prime minister and are appointed by the president upon the prime minister’s recommendation. The cabinet appoints the head of the Investigative Committee upon the prime minister’s recommendation. The government appoints the head of the Anticorruption Committee based on a short-list produced by a special commission in charge of conducting a competitive selection process. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

A ceasefire in November 2020 halted 44 days of intensive fighting involving Armenia, Armenia-supported separatists, and Azerbaijan. Sporadic incidents of violence along the undelimited international border between the two countries and some other areas during the year resulted in casualties and detentions. There were credible reports that ethnic Armenian and Azerbaijani forces engaged in unlawful killings, torture, and other cruel, inhuman, or degrading treatment during, and in some cases after, the November 2020 fighting. Complaints submitted by Armenia and Azerbaijan to the European Court of Human Rights accusing each other of committing atrocities during the fighting in fall 2020 and summer 2016 awaited the court’s ruling. Since 1995 the final status of Nagorno-Karabakh has been the subject of international mediation by the cochairs of the Organization for Security and Cooperation in Europe’s Minsk Group (the United States, France, and Russia).

Significant human rights issues included credible reports of: torture by members of the security forces; harsh prison conditions; serious problems with judicial independence along with arbitrary or selective detentions; arbitrary or unlawful interference with privacy; serious abuses in conflict, including torture and other physical abuse; serious restrictions on free expression and media, including the criminalization of insults; trafficking in persons; crimes involving violence or threats of violence targeting civil society figures and lesbian, gay, bisexual, transgender, queer, or intersex persons; and the worst forms of child labor.

The government took only limited steps to investigate and punish alleged abuses by former and current government officials and law enforcement authorities. A trial into the culpability of former high-ranking government officials surrounding events that led to the deaths of eight civilians and two police officers during postelection protests in 2008 collapsed after the Constitutional Court invalidated the criminal code article underpinning the case. As of year’s end, parliament had not passed legislation establishing a fact-finding commission on human rights abuses. The government took steps to establish new mechanisms to investigate and punish corruption crimes.

Section 6. Discrimination and Societal Abuses

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

There were isolated reports that government agents perpetrated violence against LGBTQI+ individuals. On March 13, conscript H. A. applied to the NGO New Generation for assistance, stating his fellow servicemen began harassing him after learning of his sexual orientation. He was subsequently moved to another military unit, where another conflict arose due to his orientation. He alleged that after learning of his sexual orientation, acting chief of regional military police G. L. insulted him, then loaded his pistol and shot twice at the left and right sides of his feet. G. L. then aimed the loaded pistol at H. A.’s forehead, threatening to kill him, and hit H. A. with the handle of the pistol, fracturing his nose and teeth. Later that day, H. A. was moved to the Stepanakert military police department where G. L. and several other officials allegedly beat him with wooden clubs causing bodily injuries. H. A. was left in a cell for several days. He reported the abuse only after he was moved to another military unit. Authorities opened a criminal case which was ongoing by the end of the year.

Human rights organizations reported an overall increase in the number of societal attacks based on sexual orientation and gender identity during the year. In most cases there was no official action to investigate or punish the perpetrators. The NGO Pink Armenia documented 28 cases of human rights violations from January 2020 to August, including 12 incidents of domestic violence. The victims reported the cases to police in only seven cases, three of which were dismissed. LGBTQI+ individuals were reluctant to report cases to law enforcement due to lack of trust that they would be properly examined and investigated and that the offenders would be punished. In July for example, New Generation reported that a college student from the LGBTQI+ community had been beaten by his classmates. The physical abuse was preceded by repeated insults related to his sexual orientation or gender identity. The victim reported the assault to police, but authorities did not open a criminal case.

Cases of violence against transgender women continued during the year. On June 15, New Generation reported that a transgender woman walking with friends in Yerevan was subjected to insults by a group of persons due to their perceived sexual orientation and gender identity. The verbal attacks were followed by a physical assault, with the assailants kicking and dragging the victims. The victims declined to report the assault to police. The NGO Right Side reported that on September 4, at approximately 3:30 a.m. in Yerevan, an unknown person approached transgender woman G. K. and her friend, also a transgender woman, in front of the municipal government office and threatened that if G. K. did not have sex with him, he would beat and stab her. G. K. asked him to leave them alone, but the assailant forced her to go with him. Seeing no alternative, G. K. asked her friend to immediately seek assistance from law enforcement, after which the perpetrator stabbed her on the leg and shoulder. G. K. managed to escape and went to the Arabkir police station to report the assault. According to G. K., police subjected her to ridicule but did nothing to find the perpetrator.

On February 3, a trial court Yerevan issued a verdict in a 2018 case in which an assailant attacked and set fire to the apartment of a transgender sex worker after learning her identity. The court sentenced the assailant under expedited proceedings, despite the victim’s objection, as such proceedings entail lesser sentences, to three and one-half years in prison on charges of inflicting grave bodily injury. The victim believed this punishment did not fit the crime. Subsequently, the court applied a 2018 amnesty provision that released the assailant from serving any time.

According to Pink Armenia, in February the investigation body in the Syunik region closed the case and dropped charges against residents of Shurnukh village who attacked LGBTQI+ activists in 2018, due to the expiration of the statute of limitations. In August 2020 the criminal court of appeals ruled that investigators had not carried out a proper investigation of the attack and had not taken into consideration the psychological suffering of the victims and discriminatory nature of the crime, ordering that the case be reopened.

Law enforcement bodies declined to prosecute a number of cases in which perpetrators called for violence and attempted to “justify” violence against LGBTQI+ persons on the grounds of their sexual orientation or gender identity.

Antidiscrimination laws do not extend protections to LGBTQI + persons on the basis of sexual orientation or gender identity. There are no hate crime laws or other criminal judicial mechanisms to aid in the prosecution of crimes against members of the LGBTQI+ community. Societal discrimination based on sexual orientation and gender identity negatively affected all aspects of life, including prospects for employment, housing, family relations, and access to education and health care. Calls for violence against LGBTQI + individuals escalated after the fighting in fall 2020 and in advance of the June parliamentary elections. Transgender persons were especially vulnerable to physical and psychological abuse and harassment.

Openly gay men are exempt from military service. An exemption, however, requires a medical finding based on a psychological examination indicating an individual has a mental disorder; this information appears in the individual’s personal identification documents and is an obstacle to employment and obtaining a driver’s license. Gay men who served in the army reportedly faced physical and psychological abuse as well as blackmail by fellow soldiers and the command.

Australia

Executive Summary

Australia is a constitutional democracy with a freely elected federal parliamentary government. In a free and fair federal parliamentary election in May 2019, the Liberal Party and National Party coalition was re-elected with a majority of 77 seats in the 151-seat House of Representatives. The House subsequently reconfirmed Scott Morrison as prime minister.

The Australian Federal Police (federal police), an independent agency of the Department of Home Affairs, and state and territorial police forces are responsible for internal security. The federal police enforce national laws, and state and territorial police forces enforce state and territorial laws. The Department of Home Affairs and the Australian Border Force are responsible for migration and border enforcement. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

The government had effective mechanisms in place to identify and punish officials who commit human rights abuses.

Section 6. Discrimination and Societal Abuses

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

No laws criminalize consensual same-sex sexual conduct between adults. Discrimination based on sexual orientation and gender identity is prohibited by law in a wide range of areas, including employment, housing, family law, taxes, child support, immigration, pensions, care of elderly persons, and social security.

The law provides protections against discrimination based on sexual orientation, gender identity, and sex characteristics.

In February Victoria passed a law prohibiting “practices that seek to change or suppress a person’s sexual orientation or gender identity,” joining other jurisdictions including the Australian Capital Territory and Queensland in outlawing so-called “conversion therapy.”

Transgender adolescents who seek certain treatments including hormone therapy and gender-affirming surgery are required to obtain either parental consent or court authorization. Three states – New South Wales, Queensland, and Western Australia – require surgery or medical treatment as a prerequisite for changing an individual’s gender identity on their birth certificate. Other identity documents issued by federal, state, and territory governments (including passports) do not have this prerequisite. In November, the Australian Medical Association expressed the view that no person, including intersex persons, should be subjected to medical procedures that modify sex characteristics without their informed consent.

Legal protections against discrimination for LGBTQI+ persons generally include exemptions for religious entities. In December Victoria passed a law removing exemptions that previously allowed religious schools to discriminate against employees on the basis of sexual orientation and other attributes. Several Australian states and territories have laws protecting LGBTQI+ persons against hate speech. Several have laws that require courts to consider whether a crime was motivated by hatred towards LGBTQI+ persons when sentencing an offender.

Austria

Executive Summary

The Republic of Austria is a parliamentary democracy with constitutional power shared between a popularly elected president and a bicameral parliament (Federal Assembly). The multiparty parliament and the coalition government it elects exercise most day-to-day governmental powers. Parliamentary elections in September 2019 and presidential elections in 2016 were considered free and fair.

The federal police maintain internal security and report to the Ministry of the Interior. The army is responsible for external security but also has some domestic security responsibilities and reports to the Defense Ministry. Civilian authorities maintained effective control over the security forces. There were no reports that members of the security forces committed abuses during the year.

Significant human rights issues included credible reports or allegations of: the existence of criminal libel laws; serious government corruption; and violence or threats of violence motivated by anti-Semitism and anti-Muslim sentiment.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 6. Discrimination and Societal Abuses

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

There were no reports of police or other government agents inciting, perpetrating, condoning, or tolerating violence against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals or those reporting on such abuse. There was some societal prejudice against LGBTQI+ persons but no reports of violence or discrimination based on sexual orientation or gender identity. LGBTQI+ organizations generally operated freely. According to a survey by the EU Fundamental Rights Agency, 11 percent of homosexual persons and 17 percent of transgender persons reported they had been verbally or physically assaulted in the previous five years.

In October a court in Styria convicted a Syrian national living in Austria who had defaced the walls of an LGBTQI+ community center in the city of Graz, assaulted the president of the Graz Jewish Community, and vandalized the Graz synagogue. The court sentenced him to a three-year prison term.

In March a trial before the Vienna court on incitement charges against a man who had allegedly harassed three LGBTQI+ men after a rainbow parade in 2019 ended in a settlement providing financial compensation to the victims.

Federal law prohibits discrimination against LGBTQI+ persons in employment. Laws at the provincial level prohibit discrimination by state and nonstate actors against LGBTQI+ persons, including with respect to essential goods and services such as housing, employment, and access to government services such as health care. Civil society groups noted there was no federal mechanism to prevent service providers from discriminating against LGBTQI+ individuals.

Azerbaijan

Executive Summary

The Azerbaijani constitution provides for a republic with a presidential form of government. Legislative authority is vested in the Milli Majlis (National Assembly). The presidency is the main branch of government, dominating the judiciary and legislature. In February 2020 the government conducted National Assembly elections. The election observation mission of the Organization for Security and Cooperation in Europe concluded that the National Assembly elections and the 2018 presidential election took place within a restrictive legislative framework and political environment that prevented genuine competition in the elections.

The Ministry of Internal Affairs and the State Security Service are responsible for security within the country and report directly to the president. The Ministry of Internal Affairs oversees local police forces and maintains internal civil defense troops. The State Security Service is responsible for domestic matters, and the Foreign Intelligence Service focuses on foreign intelligence and counterintelligence matters. The State Migration Service and the State Border Service are responsible for migration and border enforcement. Civilian authorities maintained effective control over the security forces. There were credible reports that members of security forces committed some abuses.

A cease-fire in November 2020 halted 44 days of intensive fighting involving Azerbaijan, Armenia, and Armenia-supported separatists. Sporadic incidents of violence along the undelimited international border between the two countries and some other areas during the year resulted in casualties and detentions. There were credible reports that Azerbaijani and ethnic Armenian forces engaged in unlawful killings, torture, and other cruel, inhuman, or degrading treatment during, and in some cases after, the November 2020 fighting. Complaints submitted by Azerbaijan and Armenia to the European Court of Human Rights accusing each other of committing atrocities during the fighting in fall 2020 and summer 2016 awaited the court’s ruling. The government acknowledged holding 41 Armenian detainees, but there were allegations, disputed by the Azerbaijani government, that at least 25 Armenian servicemen disappeared after being taken into Azerbaijani custody. Armenian detainees were not permitted to select their own legal representation during public trials. Since 1995 the final status of Nagorno-Karabakh has been the subject of international mediation by the cochairs of the Organization for Security and Cooperation in Europe’s Minsk Group (the United States, France, and Russia).

Significant human rights issues included credible reports of: unlawful or arbitrary killing; torture and cruel, inhuman, or degrading treatment by members of the security forces; harsh and sometimes life-threatening prison conditions; arbitrary detention; political prisoners; politically motivated reprisal against individuals outside the country; pervasive problems with the independence of the judiciary; arbitrary interference with privacy; serious abuses in conflict, including enforced disappearances, torture, and other physical abuse; serious restrictions on free expression and the media, including violence against journalists, the criminalization of libel and slander, and harassment and incarceration of journalists on questionable charges; serious restrictions on internet freedom, including blocking of websites; a de facto ban on the rights of peaceful assembly and substantial interference with freedom of association; restrictions on freedom of movement; severe restrictions on political participation; systemic government corruption; police brutality against individuals based on sexual orientation; significant restrictions on worker’s freedom of association; and existence of the worst forms of child labor.

The government did not prosecute or punish the majority of officials who committed human rights abuses and acts of corruption; impunity remained a problem.

Section 6. Discrimination and Societal Abuses

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

There were reports of increased violence and discrimination against LGBTQI+ individuals, especially transgender individuals. On June 9, a group of activists issued a statement that six LGBTQI+ community members were physically assaulted and injured by various individuals and groups over just 10 days between May 30 and June 9. Acts of violence continued and included the killing of a transgender woman in Garadagh District who was found bound, stabbed to death, and partially burned. An arrest was made in the killing. A local NGO noted that in many cases, authorities did not investigate or punish those responsible for attacks on the LGBTQI+ community.

There were reports that men who acknowledged or were suspected of being LGBTQI+ during medical examinations for conscription were sometimes subjected to rectal examinations and often found unqualified for military service on the grounds that they were mentally ill. There were also reports of family-based violence against LGBTQI+ individuals, including being kidnapped by family members and held against their will. Hate speech against LGBTQI+ persons and hostile Facebook postings on personal online accounts also continued.

Antidiscrimination laws exist but do not specifically cover LGBTQI+ individuals. Activists reported that LGBTQI+ individuals were regularly fired by employers if their sexual orientation or gender identity became known.

LGBTQI+ individuals generally refused to file formal complaints of discrimination or mistreatment with law enforcement bodies due to fear of social stigma or retaliation. Activists reported police indifference to requests that police investigate crimes committed against LGBTQI+ individuals.

Local NGOs reported that COVID-19-related quarantine measures compounded the impact of discrimination already faced by members of the LGBTQI+ community. Since these individuals regularly faced discrimination in accessing employment, they were primarily employed informally and received payment on a day-to-day basis.

During the year the ECHR continued a formal inquiry begun in 2019 into police raids on the LGBTQI+ community in 2017. The raids led to arrests and detentions of more than 83 men presumed to be gay or bisexual, as well as arrests and detentions of transgender women. Media outlets and human rights lawyers reported that police beat detainees and subjected them to electric shocks to obtain bribes and information regarding other gay men. Detainees were released after being sentenced to up to 30 days of administrative detention, fined up to 200 manat ($118), or both.

Bahamas

Executive Summary

The Commonwealth of The Bahamas is a constitutional parliamentary democracy. Prime Minister Philip Brave Davis’s Progressive Liberal Party won control of the government on September 16. International observers found the electoral process to be free and fair.

The Royal Bahamas Police Force maintains internal security. The Royal Bahamas Defence Force is primarily responsible for external security but also provides security at the Carmichael Road Detention Centre (for migrants) and performs some domestic security functions, such as guarding embassies. Both report to the minister of national security. Civilian authorities maintained effective control over the security forces. There were no reports of significant abuses by the security forces.

Significant human rights issues included credible reports of degrading treatment of prisoners by prison officers and the existence of a criminal libel law, although it was not enforced during the year.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 6. Discrimination and Societal Abuses

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

The law does not provide antidiscrimination protections to lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) individuals based on their sexual orientation, gender identity, gender expression, or sex characteristics. Consensual same-sex sexual conduct between adults is legal. The law defines the age of consent for same-sex individuals as 18, compared with 16 for heterosexual individuals.

NGOs reported LGBTQI+ individuals faced social stigma and discrimination and did not believe they were adequately protected by law enforcement authorities. There was generally low social tolerance for same-sex relationships. There was widespread condemnation of well known citizens who identified as homosexual or who supported the LGBTQI+ community. Homophobic epithets were both common and socially acceptable.

Bahrain

Executive Summary

Bahrain is a hereditary monarchy. King Hamad Bin Isa Al Khalifa is the head of state and holds ultimate authority over most government decisions. The king appoints the prime minister, the head of government, who is not required to be a member of parliament. In November 2020 the king appointed his son, Crown Prince Salman bin Hamad Al Khalifa, as prime minister, following the death of the incumbent. The prime minister proposes ministers, who are appointed and dismissed by the king via royal decree. The cabinet, or Council of Ministers, consists of 22 ministers, of whom seven are members of the ruling Al Khalifa family. The parliament consists of an upper house appointed by the king, the Shura (Consultative) Council, and an elected Council of Representatives, each with 40 seats. The country holds parliamentary elections every four years, most recently in 2018. Representatives from two formerly prominent opposition political societies, al-Wifaq and Wa’ad, could not participate in the elections due to their court-ordered dissolution in 2016 and 2017, respectively. The government did not permit international election monitors. Domestic monitors generally concluded authorities administered the elections without significant procedural irregularities.

The king is supreme commander of the armed forces, and the crown prince is deputy commander. The Ministry of Interior is responsible for internal security and oversees the civilian security force and specialized security units responsible for maintaining internal order. The Coast Guard is also under its jurisdiction. The Bahrain National Guard is responsible for internal threats. The chief of the National Intelligence Agency (previously the National Security Agency) is appointed by royal decree and reports to the prime minister. The agency has arrest authority, but reportedly did not conduct arrests during the year. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: torture and cases of cruel, inhuman, or degrading treatment or punishment by government; harsh and life threatening prison conditions; arbitrary detention; political prisoners; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including censorship, and the existence of criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations; restrictions on freedom of movement, including revocation of citizenship; serious and unreasonable restrictions on political participation; and significant restrictions on workers’ freedom of association.

The government prosecuted some low-level security force members responsible for human rights abuses, following investigations by government institutions. The government took steps to investigate allegations of corruption. Nongovernmental human rights organizations claimed investigations were slow and lacked transparency.

Section 6. Discrimination and Societal Abuses

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

The law does not criminalize same-sex sexual conduct between consenting adults at least age 21, but it allots fines, imprisonment, deportation, or any of them for persons engaging in “immoral behavior,” and this provision has been used against individuals suspected of being LGBTQI+ or cross-dressing.

The law does not extend antidiscrimination protections to LGBTQI+ individuals on the basis of their sexual orientation or gender identity. Discrimination based on sexual orientation or gender identity occurred, including in employment and obtaining legal identity documents. In some cases, however, courts permitted transgender individuals to update identity documents if they had undergone sex reassignment surgery.

Bangladesh

Executive Summary

Bangladesh’s constitution provides for a parliamentary form of government that consolidates most power in the Office of the Prime Minister. In a December 2018 parliamentary election, Sheikh Hasina and her Awami League party won a third consecutive five-year term that kept her in office as prime minister. This election was not considered free and fair by observers reportedly due to irregularities, including ballot-box stuffing and intimidation of opposition polling agents and voters.

The security forces encompassing the national police, border guards, and counterterrorism units such as the Rapid Action Battalion, maintain internal and border security. The military, primarily the army, is responsible for national defense but also has some domestic security responsibilities. The security forces report to the Ministry of Home Affairs, and the military reports to the Ministry of Defense. Civilian authorities maintained effective control over the security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings; forced disappearance; torture or cases of cruel, inhuman, or degrading treatment or punishment by the government or its agents on behalf of the government; harsh and life-threatening prison conditions; arbitrary arrests or detentions; political prisoners; politically motivated reprisals against individuals in another country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions of journalists, and censorship and the existence of criminal libel and slander laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; restrictions on refugees’ freedom of movement; mistreatment of refugees; serious and unreasonable restrictions on political participation; serious government corruption; government restrictions on or harassment of domestic human rights organizations; lack of investigation of and accountability for gender-based violence, including but not limited to domestic and intimate partner violence, sexual violence, child abuse, early and forced marriage, and other harmful practices; crimes involving violence or threats of violence targeting members of ethnic minority groups or indigenous people; crimes involving violence or threats of violence against lesbian, gay, bisexual, transgender, queer, or intersex persons; existence or use of laws criminalizing consensual same-sex sexual conduct between adults; significant restrictions on independent trade unions and workers’ freedom of association; and existence of the worst forms of child labor.

There were reports of widespread impunity for security force abuses and corruption. The government took few measures to investigate and prosecute cases of corruption and abuse and killing by security forces.

Section 6. Discrimination and Societal Abuses

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

Same-sex sexual conduct is illegal under the penal code. The government did not actively enforce the law. LGBTQI+ groups reported the government retained the law because of societal pressure. LGBTQI+ groups reported police used the law as a pretext to harass LGBTQI+ individuals and individuals who were perceived to be LGBTQI+ regardless of their sexual orientation, as well as to limit registration of LGBTQI+ organizations. Some groups also reported harassment under a suspicious-behavior provision of the police code. The transgender population has long been a marginalized but recognized as part of society. Nevertheless, it experienced continued high levels of fear, harassment, and law enforcement contact in the wake of violent extremist attacks. Police investigation and prosecution of those complicit in violence or crimes against LGBTQI+ individuals remained rare.

Members of LGBTQI+ communities received threatening messages via telephone, text, and social media, and some were harassed by police. They stressed the need for online and physical security due to continued threats of physical violence. In August an antiterrorism tribunal sentenced six individuals to death in the killing of two gay men five years ago, Mahbub Rabbi Tonoy and Xulhaz Mannan, an editor of the country’s first gay rights magazine and a prominent gay rights activist.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. LGBTQI+ groups reported official discrimination in employment and occupation, housing, and access to government services including health care and access to justice.

While some transgender women in the country identified as hijra (a cultural South Asian term for some transgender women as well as some intersex and gender non-conforming individuals), due to an affinity for the hijra subculture or a desire for increased social protection, not all chose to do so. Many transgender women asserted their transgender identities and corrected those who identified them as hijra. Meanwhile, transgender men received little support or tolerance, particularly in poor and rural communities. Some conservative clerics decried the transgender community and sharply distinguished it from the hijra identity, saying the latter would be tolerable while the former remains unacceptable.

Organizations specifically assisting lesbians continued to be rare. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject.

Although the government made some progress in promoting social acceptance of hijra persons, a small segment of the community, the government made limited efforts to promote the rights of others in the LGBTQI+ community. On September 16, the director general of the Bangladesh Bureau of Statistics announced the national census would include hijra as a “third gender” category; the census was scheduled to be conducted in 2022.

Barbados

Executive Summary

Barbados is a parliamentary democracy led by Prime Minister Mia Mottley of the Barbados Labour Party. The Barbados Labour Party won all 30 parliamentary seats in the 2018 election, which was considered free and fair. A former Barbados Labour Party member of Parliament became an independent to serve as the formal leader of the opposition. Until November 30, Queen Elizabeth II was the head of state and was represented by the governor general, who certified all legislation on her behalf. On November 30, the country became a republic with a nonexecutive president as the ceremonial head of state.

The Barbados Police Service is responsible for domestic law enforcement, including migration and border enforcement. The police and all other law enforcement agencies report to the attorney general. The Barbados Defence Force protects national security and may be called upon to maintain public order in times of crisis, emergency, or other specific needs. Authority over the defense force is shared between the president and prime minister, with the president overseeing strategic direction and the prime minister responsible for operational leadership. The law provides that the police may request defense force assistance with special joint patrols. Civilian authorities maintained effective control over the police and defense forces. There were no reports that the security forces committed any serious abuses.

Significant human rights issues included the existence of criminal libel laws and the criminalization of consensual same-sex sexual conduct between adults (although authorities did not enforce the law during the year).

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 6. Discrimination and Societal Abuses

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

The law criminalizes consensual same-sex sexual conduct between adults, with penalties for conviction up to life imprisonment for men, and up to 10 years’ imprisonment for men and women convicted of “acts of serious indecency.” There were no reports of the law being enforced during the year.

An NGO reported that authorities did not take seriously reports of sexual and homophobic harassment. In some cases, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons identified perpetrators of harassment but were deterred from reporting these experiences or prevented from seeking justice.

Civil society groups reported that LGBTQI+ persons faced verbal abuse at home and in public.

In September the High Court heard Holder-McClean-Ramirez and Ors versus Attorney General. Two individuals and the civil society organization Equals brought the case as a challenge to the criminalization of same-sex conduct.  As of year’s end, a decision was pending.

In November the government introduced a new charter to Parliament that states, “All Barbadians are born free and are equal in human dignity and rights regardless of age, race, ethnicity, faith, class, cultural and educational background, ability, sex, gender, or sexual orientation.”  The LGBTQI+ movement welcomed the inclusive references to gender and sexual orientation while noting the need for strong protections on the basis of gender identity.

Belarus

Executive Summary

Belarus is an authoritarian state. The constitution provides for a directly elected president who is head of state and a bicameral parliament, the National Assembly. A prime minister appointed by the president is the nominal head of government, but power is concentrated in the presidency, both in fact and in law. Citizens were unable to choose their government through free and fair elections. Since 1994 Alyaksandr Lukashenka has consolidated his rule over all institutions and undermined the rule of law through authoritarian means, including manipulated elections and arbitrary decrees. All elections after 1994, including the August 2020 presidential election and 2019 National Assembly elections, were not considered free and fair.

The Ministry of Internal Affairs exercises authority over police, but other bodies outside of its control, for example, the Committee for State Security, the Financial Investigations Department of the State Control Committee, the Investigation Committee, and presidential security services, also exercise police functions. The president has the authority to subordinate all security bodies to the president’s personal command. Lukashenka maintained effective control over security forces. There were credible reports that members of the security forces aggressively, intentionally, and routinely perpetuated abuses to stifle political dissent and repress human rights defenders, civil society activists, journalists, and others.

Starting in late May, credible media outlets and nongovernmental organizations reported that Belarusian authorities purposefully orchestrated and profited from the entry into the country of thousands of irregular migrants mostly from Iraq, but also from Cameroon, the Democratic Republic of Congo, Syria, and Afghanistan. These migrants often traveled through state-owned or state-affiliated travel agencies in partnership with travel agencies in the origin countries, with the aim of facilitating these individuals’ travel overland to enter the European Union. Once the migrants and asylum seekers reached Belarus, authorities facilitated their travel to the borders of the neighboring countries of Latvia, Lithuania, and Poland and encouraged and, in some instances, forced the migrants to attempt irregular border crossings. When migrants and asylum seekers failed to enter the European Union, there were credible reports that Belarusian security services beat the migrants and asylum seekers and forced them to remain at the border to attempt additional border crossings, sometimes under dangerous circumstances. When the migrants sought asylum in Belarus, authorities generally refused these requests.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by security forces; torture in detention facilities and cases of cruel, inhuman, or degrading treatment or punishment by security forces; harsh and life-threatening prison conditions; arbitrary arrest and detention; political prisoners or detainees; politically motivated reprisals against individuals in another country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions of journalists, censorship, and the existence of criminal libel laws; serious restrictions on internet freedom, including site blocking and internet blockages; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of NGOs and civil society organizations; restrictions on freedom of movement and on the right to leave the country; refoulement and abuse of migrants and asylum seekers seeking to irregularly cross the border into the European Union; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; serious government restrictions on or harassment of domestic and international human rights organizations; lack of investigation of and accountability for gender-based violence, including domestic and intimate partner violence; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and outlawing of independent trade unions and significant restrictions on workers’ freedom of association.

Authorities at all levels generally operated with impunity as directed by Lukashenka and routinely failed to take steps to prosecute or punish officials in the government or security forces who committed human rights abuses.

Section 6. Discrimination and Societal Abuses

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

LGBTQI+ persons experienced harassment, threats, and violence at the hands of authorities, according to numerous reports from human rights defenders.

In some instances, when police identified detained individuals as LGBTQI+ persons, they forced these individuals to confess to committing crimes and to state their sexual orientation on camera, later posting the recording online. Independent observers questioned the legality of these videos and noted that authorities may have abused the persons to force them into making the statements. There were no reports authorities took action to investigate those complicit in violence and abuses against LGBTQI+ persons.

The government allowed transgender persons to update their name and gender marker on national identification documents, but these documents retained old identification numbers that include a digit indicating the individual’s sex assigned at birth. Transgender persons reportedly were refused jobs when potential employers noted the “discrepancy” between an applicant’s appearance and the gender marker in the identification number. Banks also refused to open accounts for transgender persons on the same grounds. Transgender men were issued military identification that indicated they had “a severe mental illness.” There are no laws prohibiting discrimination by state and nonstate actors against LGBTQI+ persons, including with respect to providing essential goods and services such as housing, employment, and access to government services.

LGBTQI+ discrimination was widespread, and harassment occurred. The law does not provide antidiscrimination protections to LGBTQI+ individuals based on their sexual orientation, gender identity or expression, or sex characteristics. Societal discrimination against LGBTQI+ activists persisted with the tacit support of the government, which either failed to investigate crimes or did so without recognizing it as a hate crime. LGBTQI+ activists were among those who went into exile after facing harassment and risk of arrest from the regime.

Belgium

Executive Summary

The Kingdom of Belgium is a parliamentary democracy with a limited constitutional monarchy. The country is a federal state with several levels of government: national; regional (Flanders, Wallonia, and Brussels); language community (Dutch, French, and German); provincial; and local. The Federal Council of Ministers, headed by the prime minister, remains in office if it retains the confidence of the lower house (Chamber of Representatives) of the bicameral parliament. Elections are held at six different levels: communal, provincial, regional, by language community, federal, and European. In 2019 the country held federal parliamentary elections that observers considered free and fair.

The federal police are responsible for internal security and nationwide law and order, including migration and border enforcement. They report to the ministers of interior and justice. Civilian authorities maintained effective control over the security forces. Numerous complaints were filed against members of the security services who allegedly committed abuses. Some of the security service members awaited rulings in court.

Significant human rights issues included credible reports of: attacks and hate speech motivated by anti-Semitism and anti-Muslim sentiment; and violence against lesbian, gay, bisexual, transsexual, queer, and intersex persons.

Authorities generally took steps to identify, investigate, and where appropriate, prosecute and punish officials who committed human rights abuses.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination against lesbian, gay, bisexual, transsexual, queer, and intersex (LGBTQI+) persons in housing, employment, application of nationality laws, and access to government services, such as health care. The government enforced the law, but the underreporting of crimes against the LGBTQI+ community remained a problem.

A study by the EU Agency for Fundamental Rights found that 37 percent of individuals in the country identifying as LGBTQI+ reported avoiding certain areas so as not to be harassed, assaulted, or insulted.

On March 6, a 42-year-old gay man was found dead in a park in the city of Beveren, East Flanders. The man was reportedly lured to the park by his attackers through a gay dating app, then stabbed and beaten to death by three suspects. The three attackers, two 17-year-old boys and a 16-year-old boy, were placed in a youth offenders detention facility. LGBTQI+ persons from immigrant communities reported social discrimination within those communities.

The law provides protections for transgender persons, including legal gender recognition without first undergoing sex reassignment surgery. In February the Chamber of Representatives unanimously adopted the “Resolution for recognizing the right to bodily integrity of intersex minors.”

Belize

Executive Summary

Belize is a constitutional parliamentary democracy. In the most recent national election, held in November 2020, the People’s United Party won 26 of 31 seats in the National Assembly and selected John Briceno as prime minister. Queen Elizabeth II is the head of state and is represented by a governor general. On May 27, Froyla T’zalam assumed the post of governor general following the forced retirement of Sir Colville Young, who held the role for 27 years.

The Ministry of National Defence and Border Security is responsible for oversight of the military and the Coast Guard, while the Ministry of Home Affairs and New Growth Industries has responsibility for police and prisons. The Belize Police Department is primarily responsible for internal security. The small military focuses on external security but also provides limited support domestically to civilian authorities. The Belize Defence Force has limited powers of arrest within land and shoreline areas, and the Coast Guard has arrest powers and jurisdiction within coastal and maritime areas. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: inhuman treatment by security and prison officers; widespread and serious corruption by government officials; trafficking in persons; and the worst forms of child labor.

The government took steps both administratively and through the courts to prosecute some public officials who committed abuses, but there were few successful prosecutions. The government did not effectively implement the laws on corruption, and officials often engaged in corrupt practices with impunity.

Section 6. Discrimination and Societal Abuses

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

The law does not prohibit discrimination specifically against LGBTQI+ persons in housing, employment, nationality laws, or access to government services, such as health care, but the constitution provides for the protection of all citizens from any type of discrimination.

The law prohibits “homosexual” persons from entering the country, but immigration authorities did not enforce the law.

The extent of discrimination based on sexual orientation or gender identity was difficult to ascertain due to a lack of official reporting. The LGBTQI+ advocacy NGO UniBAM said that discrimination and assault based on sexual orientation and gender identity were substantially underreported. UniBAM’s director noted that in communities with strong religious affiliations, police often refused to take reports from LGBTQI+ victims of discrimination. According to UniBAM, LGBTQI+ persons were denied medical services and education and encountered family-based violence.

The NGO Live and Let Live conducted a survey showing 65 percent of respondents were tolerant of LGBTQI+ persons. One-third of respondents agreed that LGBTQI+ persons sometimes feared for their safety and were treated unfairly, compared with the rest of the population.

In June the government reconstituted the National Committee for Families and Children to include a member of the LGBTQI+ community and a representative for persons with special needs. The committee functions as a special advocate for policy development, monitoring, and evaluation of government responsibilities.

Benin

Executive Summary

Benin is a constitutional presidential republic. On April 11, voters elected Patrice Talon in a multiparty election to a second five-year term as president. Registration and sponsorship requirements incorporated in the electoral code in 2019 and implemented during municipal elections excluded most opposition political parties from participating in the election. According to the government National Electoral Commission, voter turnout declined from 65 percent in 2016 to 50 percent; however, civil society organizations estimated voter turnout at only 27 percent. Voting did not take place in 16 of 546 electoral districts due to violent protests and demonstrations that prevented delivery of voting materials. International observers, however, assessed the election as generally free, fair, and transparent, but they expressed concern about the lack of inclusivity and competition among candidates. At least five civilians were reported killed and 21 police officers and military service members injured during election-related clashes.

The Beninese Armed Forces under the Ministry of Defense are responsible for external security and support the Republican Police in maintaining internal security. The Republican Police are under the Ministry of Interior and have primary responsibility for enforcing law and maintaining order. Civilian authorities generally maintained effective control over security forces. There were reliable reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by government forces; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including censorship and the existence of criminal libel laws; substantial interference with freedom of peaceful assembly and freedom of association; lack of investigation of and accountability for gender-based violence, including domestic and intimate partner violence, sexual violence, and child, early and forced marriage; and child labor.

Impunity was a problem. Although the government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses and acts of corruption, officials sometimes engaged in these practices with impunity.

Section 6. Discrimination and Societal Abuses

Sexual Exploitation of Children: The penal code provides penalties for conviction of rape, sexual exploitation, and corruption of minors, including procuring children for commercial sexual exploitation; it increases penalties for cases involving children younger than age 15. The child trafficking law provides penalties for conviction of all forms of child trafficking, including child commercial sexual exploitation, prescribing penalties if convicted of 10 to 20 years’ imprisonment. Individuals convicted of involvement in child commercial sexual exploitation, including those who facilitate and solicit it, face imprisonment of two to five years and substantial monetary fines. The child code prohibits child pornography. Persons convicted of child pornography face sentences of two to five years’ imprisonment and substantial monetary fines.

Infanticide or Infanticide of Children with Disabilities: Although concealed from authorities, traditional practices of killing breech babies, babies whose mothers died in childbirth, babies considered deformed, and one newborn from each set of twins (because they were considered sorcerers) occurred. The NGO Franciscan-Benin reported that communities in the four northern communes of Djougou, Gogounou, Kouande and Kandi continued to practice ritual infanticide. Authorities enforced prohibitions and discouraged the practice through door-to-door counseling and awareness raising.

Institutionalized Children: The government and human rights organizations reported poorly managed orphanages were not compliant with the law governing child protection centers. During the year the government inspected and closed several orphanages following reports of child abuse and neglect. In August the government closed one unregistered orphanage in Allada in southern Benin after inspections revealed poor living conditions and insufficient staffing. Authorities sanctioned an orphanage run by Roman Catholic nuns for using children as beggars to encourage charitable donations.

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.

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

The law does not criminalize consensual same-sex sexual conduct between adults. A provision related to public indecency in the penal code, however, may be applied to prosecute same-sex sexual conduct by charging individuals with public indecency or acts against nature. The law prohibits all forms of discrimination without specific reference to LGBTQI+ persons.

Nevertheless, discrimination against LGBTQI+ persons was common. The LGBTQI+ NGO Les Hirondelles estimated that family rejection resulted in 150 homeless LGBTQI+ youth annually. LGBTQI+ persons reported being routinely refused medical care and social services both related (hormone treatment) and unrelated (malaria treatment) to their sexual identity.

Members of the community reported police often tolerated violence against LGBTQI+ individuals. On May 1, however, police arrested a male assailant who attacked three transgender women at the Sunset Bar in Cotonou. The transgender women were beaten, stripped of their clothing, and cut with glass bottles. On June 29, the Cotonou Tribunal of First Instance convicted the man of assault and sentenced him to six months in prison and six months’ probation for the attack.

Bhutan

Executive Summary

Bhutan is a democratic constitutional monarchy with King Jigme Khesar Namgyel Wangchuck as head of state and Prime Minister Lotay Tshering as chief executive. In 2018 the country held its third general elections; approximately 71 percent of eligible voters cast their ballots. International election observers reported the elections were generally free and fair.

The Royal Bhutan Police are responsible for internal security matters. The Royal Bhutan Army is responsible for defending against external threats and has responsibility for some internal security functions, including counterinsurgency operations, protection of forests, and security for prominent persons. The Royal Bhutan Police report to the Ministry of Home and Cultural Affairs while the king is the supreme commander in chief of the Royal Bhutan Army. Civilian authorities maintained effective control over the security forces. Members of the security forces committed no known abuses.

Significant human rights issues included credible reports of political prisoners; the existence of criminal libel and slander laws; restrictions on freedom of peaceful assembly and association; restrictions on domestic and international freedom of movement and residence; and trafficking in persons.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses or engaged in corrupt practices.

Section 6. Discrimination and Societal Abuses

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, including child pornography, child sex trafficking, and the sale of children. Authorities generally enforced the law. The legal age of consent is 16 for both boys and girls.

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.

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

The constitution provides for equal protection and application of rights but neither the constitution nor legislation explicitly protects individuals from discrimination based on their sexual orientation, gender identity or expression, or sex characteristics. In December 2020 the parliament amended the law against “unnatural sex” to state, “Homosexuality between adults shall not be considered unnatural sex.”

Members of the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community reported instances of discrimination and social stigma based on sexual orientation. According to the LGBTQI+ rights NGO Pride Bhutan, during the year it received 47 reports of discrimination, 27 reports of social stigma, 19 reports of violence, and 16 reports of bullying from members of the LGBTQI+ community.

The law does not provide distinct legal status for transgender individuals, nor does it provide explicit protections.

Bolivia

Executive Summary

Bolivia is a constitutional, multiparty republic with an elected president and a bicameral legislature. In October 2020 Luis Alberto Arce Catacora, candidate for the Movement Towards Socialism party, won the presidential election with 55 percent of the vote. International electoral observation missions and domestic electoral observation organizations characterized the national elections and the subsequent subnational elections in March and April as free, fair, and transparent.

The national police, under the Ministry of Government’s authority, have primary responsibility for law enforcement and the maintenance of order within the country, but the armed forces, which report to the Ministry of Defense, may be called to help in critical situations. Immigration officials report to the Ministry of Government, and police and military share responsibilities for border enforcement. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of: torture and cases of cruel, inhuman, or degrading treatment or punishment by government officials; harsh and life-threatening prison conditions; arbitrary arrests or detentions; serious problems concerning judicial independence; restrictions on free expression, the press, and other media, including violence against journalists by state security forces and censorship; serious government corruption; lack of investigation of and accountability for violence against women; crimes involving violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons; and some of the worst forms of child labor.

The government took steps in some cases to prosecute members of the security services and other government officials who committed abuses or corrupt acts, but inconsistent and ineffective application of the law and a corrupt judiciary led to impunity.

Section 6. Discrimination and Societal Abuses

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

On February 6, a 19-year-old transgender woman, Alessandra (last name withheld by authorities), was found strangled to death in the city of Cochabamba in a boarding house where she worked as a sex worker. On May 5, police reported they had arrested a suspect in the case. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists in Cochabamba reported that criminal proceedings were underway. Andres Mallo, spokesman for the LGBTQI+ NGO Diverse Organization, reported that in the past five years there had been 60 criminal cases involving violence against LGBTQI+ persons but only one conviction. LGBTQI+ activists pointed to a persistent failure by local authorities to investigate killings and other crimes perpetrated against the LGBTQI+ community.

The law prohibits discrimination based on sexual orientation and gender identity. The law allows transgender individuals to update their name, gender marker, and photograph to reflect their gender identity on all legal identification cards and birth certificates. Nonetheless, transgender activists stated most of the transgender community was forced to turn to commercial sex to earn a living due to discrimination in the job market and unwillingness on the part of employers to accept their identity documents and professional licensures. Activists reported police targeted transgender individuals who were sex workers.

LGBTQI+ persons faced overt discrimination in the workplace, at school, and when seeking to access government services, especially in health care, despite laws that prohibit discrimination based on sexual orientation and gender identity. Transgender individuals remained particularly vulnerable to abuse and violence. Older LGBTQI+ persons faced high rates of discrimination when attempting to access health-care services. There were no legal mechanisms in place to transfer power of attorney to a same-sex partner.

Bosnia and Herzegovina

Executive Summary

Bosnia and Herzegovina is a democratic republic with a bicameral parliament. Many governmental functions are the responsibility of two entities within the state, the Bosniak-Croat Federation (Federation) and the Republika Srpska, as well as the Brcko District, an autonomous administrative unit under Bosnia and Herzegovina sovereignty. The 1995 General Framework Agreement for Peace (the Dayton Accords), which ended the 1992-1995 conflict, provides the constitutional framework for governmental structures. The country held general elections in 2018 and local elections in 2020. As of November the results of the 2018 general elections were not fully implemented, because the Federation entity-level government and Herzegovina Neretva cantonal government were not yet formed.

State-level police agencies report to the Council of Ministers and include the State Investigation and Protection Agency, the Border Police, the Foreigners Affairs Service (partial police competencies), and the Directorate for Police Bodies Coordination. Police agencies in the two entities (the Republika Srpska Ministry of Interior and the Federation Police Directorate), the Brcko District, and 10 cantonal interior ministries also exercise police powers. The armed forces are under the oversight of the Bosnia and Herzegovina Presidency and provide assistance to civilian bodies in case of natural or other disasters. The intelligence service has responsibility for internal and external security and is under the authority of the Bosnia and Herzegovina Council of Ministers. A European Union peacekeeping force continues to support the country’s government in maintaining security. While civilian authorities maintained effective control of law enforcement agencies and security forces, a lack of clear division of jurisdiction and responsibilities between the country’s 17 law enforcement agencies resulted in occasional confusion and overlapping responsibilities. Members of the security forces committed some abuses.

Significant human rights issues included credible reports of: torture or cruel, inhuman, or degrading treatment or punishment of detainees by the police; harsh prison conditions; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including violence and threats of violence against journalists; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on peaceful assembly; serious and unreasonable restrictions on political participation where minority candidates are unable to run for the country’s highest elected offices, including the Presidency or the House of Peoples; serious government corruption; lack of investigation of and accountability for gender-based violence including domestic and sexual violence and violence against children and early and forced marriage among the Roma population; crimes motivated by anti-Semitism; crimes involving violence or threats of violence targeting members of ethnic minority groups; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and the existence of the worst forms of child labor.

Units in both entities and the Brcko District investigated allegations of police abuse, meted out administrative penalties, and referred cases of criminal misconduct to prosecutors. Given the lack of follow-through on allegations against police abuses, observers considered police impunity widespread, and there were continued reports of corruption within the state and entity security services. Ineffective prosecution of war crimes committed during the 1992-1995 conflict continued to be a problem.

Section 6. Discrimination and Societal Abuses

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

While the law at the state level prohibits discrimination based on sexual orientation, authorities did not fully enforce it. Both entities and the Brcko District have laws that criminalize any form of hate crime committed based on gender, sexual orientation, or gender identity.

Hate speech, discrimination, and violence against LGBTQI+ individuals were widespread. For example, all social media posts and online reports related to the marking of Pride month and the Pride march were followed by an avalanche of hate speech, threats, and calls to violence against LGBTQI+ persons. The NGO Sarajevo Open Center (SOC) reported that transgender persons continued to be the most vulnerable LGBTQI+ group, as their gender identities were more visible. In its 2021 Pink Report, the SOC reported that every third LGBTQI+ person in the country experienced some type of discrimination. The SOC believed the actual number of LGBTQI+ persons who experienced discrimination was much higher but underreported due to fear.

In 2020 the SOC documented five discrimination cases: two involved workplace discrimination; two involved access to services; and one was related to access to health services. Four of those five cases pertained to discrimination based on sexual orientation, and one to discrimination based on sex characteristics. In one of the five cases, which pertained to discrimination in the workplace, the perpetrator was sanctioned through the employer’s internal procedures and the victim reported that it resulted in improved conditions. None of the remaining four cases resulted in a lawsuit or a complaint against the institution. BiH courts had yet to issue a single final ruling on discrimination on the grounds of sexual orientation or gender identity.

During 2020 the SOC also documented two cases of hate speech and calling for violence and hatred and 14 cases of crimes and incidents motivated by sexual orientation and gender identity. Of the 14 cases, five took place in a public place or online, ranging from threats to violence and infliction of bodily injuries, while four cases were cases of domestic violence. The prosecution of assault and other crimes committed against LGBTQI+ individuals remained delayed and generally inadequate.

The SOC is currently pursuing two strategic court cases, which pertain to discrimination in access to goods and services in the market and enticement to discrimination. The first case was under appeal, after the first instance court ruled that there was no discrimination. The second case was at the municipal court, and the first hearing was pending as of November.

The Sarajevo Canton government adopted its first Gender Action Plan for 2019-2022 as a public document that contains a set of measures intended to improve gender equality in government institutions.

Botswana

Executive Summary

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

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

In April 2020, at President Masisi’s request, the National Assembly passed a six-month state of emergency as a COVID-19 mitigation measure. The National Assembly, again at the president’s request, extended the state of emergency for an additional six months in September 2020 and in April. Ostensibly to give the government necessary powers to respond to the COVID-19 pandemic, the terms of the state of emergency included a ban on the right of unions to strike, limits on free speech related to COVID-19, and restrictions on religious activities. It also served as the basis for several lockdowns that forced most citizens to remain in their homes for several weeks to curb the spread of the virus. Opposition groups, human rights organizations, and labor unions argued that the state of emergency powers were too broad, placed too much power in the presidency, and were unnecessarily restrictive. Parliament did not extend the state of emergency beyond September 30 when President Masisi declared it no longer necessary.

Significant human rights issues included credible reports of: arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including an unjustified arrest or prosecution of journalists and the existence of criminal slander and libel laws; substantial interference with freedom of association; serious acts of government corruption; and the existence of the worst forms of child labor, including commercial sexual exploitation of children and forced child labor.

The government took steps to prosecute officials who committed abuses or were implicated in corruption. Impunity was generally not a problem.

Section 6. Discrimination and Societal Abuses

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

There were incidents of violence, societal harassment, and discrimination based on sexual orientation or gender identity, and no reported cases of authorities investigating abuses against LGBTQI+ persons. The victims of such incidents seldom filed police reports, primarily due to stigma but occasionally because of overt official intimidation.

The penal code previously included language that was interpreted as criminalizing some aspects of same-sex sexual activity between consenting adults. In 2019 the High Court found this language unconstitutional, thereby decriminalizing consensual same-sex sexual conduct in the country. While the ruling party welcomed the decision, the government appealed the judgment. In November the Court of Appeals ruled to officially decriminalize same-sex sexual activity.

Security forces generally did not enforce the laws that previously forbade same-sex sexual activity; there were no reports during the year that police targeted persons suspected of same-sex sexual activity.

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

Brazil

Executive Summary

Brazil is a constitutional, multiparty republic governed by a democratically elected government. In 2018 voters chose the president, the vice president, and the bicameral national legislature in elections that international observers reported were free and fair.

The three national police forces – the Federal Police, Federal Highway Police, and Federal Railway Police – have domestic security responsibilities and report to the Ministry of Justice and Public Security (Ministry of Justice). There are two distinct units within the state police forces: the civil police, which performs an investigative role, and the military police, charged with maintaining law and order in the states and the Federal District. Despite the name, military police forces report to the Ministry of Justice, not the Ministry of Defense. The armed forces also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities at times did not maintain effective control over security forces. There were credible reports that members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by police; harsh and sometimes life-threatening prison conditions; arbitrary arrest or detention; violence against journalists; widespread acts of corruption by officials; lack of investigation of and accountability for violence against women; violence or threats of violence motivated by anti-Semitism; trafficking in persons; and crimes involving violence or threats of violence targeting members of racial minorities, human rights and environmental activists, members of racial and indigenous groups and other traditional populations, and lesbian, gay, bisexual, transgender, queer, or intersex persons.

The government prosecuted officials who committed abuses; however, impunity and a lack of accountability for security forces was a problem, and an inefficient judicial process at times delayed justice for perpetrators as well as for victims.

Section 6. Discrimination and Societal Abuses

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

Violence against LGBTQI+ individuals was a serious concern. While violence against LGBTQI+ individuals generally had declined yearly since 2017, violence specifically targeting transgender individuals increased. The Federal Public Ministry is responsible for registering reports of crimes committed based on gender or sexual orientation but reportedly was slow to respond. Transgender individuals were particularly at risk of being the victims of crime or committing suicide.

According to a July report by the National Association of Travestis and Transsexuals, based on reports from LGBTQI+ organizations across the country, 80 transgender individuals were killed in the first six months of the year. The largest number of cases occurred in the states of Bahia, Ceara, Minas Gerais, Rio de Janeiro, and Sao Paulo. Victims were mostly Afro-Brazilians younger than age 35. In 2019 and 2020, there were 124 and 175 killings of transgender persons, respectively. According to some civil society leaders, underreporting of crimes was likely because many LGBTQI+ persons were afraid they might experience discrimination or violence while seeking services from law enforcement authorities.

On June 24, a 17-year-old youth killed Roberta Nascimento da Silva, a homeless transgender woman, in Recife – the fourth transgender woman killed in Pernambuco State within one month. The teenager threw alcohol on the woman while she slept on the street and set her on fire. Police apprehended the assailant and charged him with an “infractional act” (because the act was committed by a minor) analogous to attempted aggravated homicide. The teenager was being provisionally held in juvenile detention awaiting sentencing. Authorities did not confirm if the case would be registered as a homophobic or transphobic crime, but Recife Mayor Joao Campos expressed regret at the transgender woman’s death and stated the city would seek to expand services to the LGBTQI+ population with a new shelter to be named in Roberta’s honor.

In July, four men convicted of the murder of Emanuelle Muniz, a transgender woman, were issued prison sentences of up to 35 years for rape, murder, and robbery. The assailants, who remained in prison following their apprehensions in 2017, received substantial prison sentences, ranging from 26 to 35 years.

No specific law prohibits discrimination against LGBTQI+ persons in essential goods and services such as health care. In 2019, however, the STF criminalized discrimination based on sexual orientation and gender identity. Offenders face sentences of one to three years’ imprisonment and a fine, or two to five years’ imprisonment and a fine if the offender disseminates the incident via social media thereby exposing the victim. In October the Regional Federal Court of Rio de Janeiro instructed the armed forces to recognize the social name of transgender military personnel and prohibited compulsory removal of service members for “transsexualism.”

In the Northeast there was an effort to raise civil society awareness against homophobia; to train civil and military police to provide more humanized care to the victims of violence; and to implement reference centers for legal, psychological, and social assistance to the LGBTQI+ community. The Recife Municipal Reference Center offered specialized services with a qualified team of psychologists, social workers, and lawyers for LGBTQI+ individuals.

NGOs cited lack of economic opportunity for LGBTQI+ persons as a concern. According to the NGO Grupo Gay da Bahia, 33 percent of companies avoided hiring LGBTQI+ employees, and 90 percent of transgender women engaged in prostitution because they could find no employment alternative. Transgender women often paid human traffickers for protection and daily housing fees. When they were unable to pay, they were beaten, starved, and forced into commercial sex. Traffickers exploited transgender women, luring them with offers of gender reassignment surgery and later exploiting them in sex trafficking when they were unable to repay the cost of the procedure.

According to some LGBTQI+ leaders, the COVID-19 pandemic severely limited the LGBTQI+ population’s access to public health and mental health resources, and many were in abusive domestic situations with families that did not support them. According to some civil society sources, LGBTQI+ workers, who were more likely to work in the informal economy, lost their jobs at a much higher rate than the general population during the pandemic. In the states of Pernambuco, Paraiba, and Ceara, several donation campaigns were carried out to assist vulnerable LGBTQI+ populations, including donation of food baskets, hygiene kits, and clothes.

Brunei

Executive Summary

Brunei Darussalam is a monarchy governed since 1967 by Sultan Haji Hassanal Bolkiah. Emergency powers in place since 1962 allow the sultan to govern with few limitations on his authority. The Legislative Council, composed of appointed, indirectly elected, and ex officio members, met during the year and exercised a purely consultative role in recommending and approving legislation and budgets.

The Royal Brunei Police Force and the Internal Security Department have responsibility for law enforcement and the maintenance of order within the country and come under the purview of the Ministry of Home Affairs and the Prime Minister’s Office, respectively. For crimes that fall under the Sharia Penal Code, both entities are supported by religious enforcement officers from the Ministry of Religious Affairs. The Departments of Labor and Immigration in the Ministry of Home Affairs also hold limited law enforcement powers for labor and immigration offenses, respectively. The armed forces under the Ministry of Defense are responsible for external security matters but maintain some domestic security responsibilities. The secular and sharia judicial systems operate in parallel. The sultan maintained effective control over the security forces. There were no reports of security force abuses.

Significant human rights issues included credible reports of: degrading treatment or punishment by government authorities; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including censorship and criminal libel laws; serious restrictions on internet freedom; the inability of citizens to change their government peacefully through free and fair elections; serious restrictions on political participation; trafficking in persons; and the existence of laws criminalizing consensual same-sex sexual conduct between adults, although the law was not enforced.

There were no reports of official impunity for violations of the law by government officials.

Section 6. Discrimination and Societal Abuses

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

The Government of Brunei does not support LGBTQI+ rights. Secular law criminalizes “carnal knowledge against the order of nature,” understood to mean sex between men. The minimum prison sentence for such acts is 20 years. The SPC bans anal intercourse between men or between a man and a woman who is not his wife, with a maximum penalty of death by stoning. The SPC also criminalizes same-sex sexual conduct between women with a punishment of up to 10 years’ imprisonment or caning. The SPC additionally prohibits men from dressing as women or women dressing as men “without reasonable excuse” or “for immoral purposes.” One member of the transgender community reported in 2020 that the Ministry of Religious Affairs summoned her to its offices and demanded that she agree to maintain the gender listed on her birth certificate, but did not specify consequences or punishments if she did not comply. Some members of the LGBTQI+ community reported the government monitored their activities and communications. Like all events in the country, events on LGBTQI+ topics were subject to restrictions on assembly and expression and members of the LGBTQI+ community reported that the government would not issue permits for community events on LGBTQI+ topics.

Members of the LGBTQI+ community continued to report familial pressure toward heterosexual marriage and childbearing in addition to societal discrimination in public and private employment, housing, recreation, and obtaining public services including education. Members said the absence of online or in-person support injured their mental health but that they were reluctant to seek counseling at government health centers. In addition to finding support among elder members of the local LGBTQI+ community, some sought support from similar communities and NGOs in other countries. Brunei’s LGBTQI+ community regularly relies on foreign diplomatic missions to create safe spaces for expression and free assembly. Approximately 40 members of the local LGBTQI+ community gathered in a private June 2021 event for the largest Pride celebration in the country’s history.

Bulgaria

Executive Summary

Bulgaria is a constitutional republic governed by a freely elected unicameral National Assembly. A caretaker government headed by a prime minister appointed by the president led the country for much of the year. On November 14, the country held early National Assembly elections as well as the first round of the regular presidential election, which was followed by a runoff on November 21. National Assembly elections were also held on April 4 and July 11. The Central Election Commission did not report any major irregularities in any of the elections. International and local observers considered the three National Assembly elections and presidential election to be generally free and fair but noted some deficiencies.

The Ministry of Interior is responsible for law enforcement, migration, and border control. The State Agency for National Security, which reports to the Prime Minister’s Office, is responsible for investigating corruption and organized crime, among other responsibilities. The army is responsible for external security but also can assist with border security. The National Protective Service is responsible for the security of dignitaries and answers to the president. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included credible reports of: violent treatment by police, including abuse of freedom of assembly; arbitrary arrests; serious problems with judicial independence; serious restrictions on free expression, including violence and threats of violence against journalists, and corporate and political pressure on media; serious acts of corruption; intolerance and discrimination against Roma; violence against children; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons.

Authorities took steps to prosecute and punish officials who committed human rights abuses and corruption, but government actions were insufficient, and impunity was a problem.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination based on sexual orientation and gender identity, but the government did not effectively enforce this prohibition. No laws protect against hate crimes based on sexual orientation or gender identity. Societal intolerance to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons persisted.

There were reports of violence against LGBTQI+ persons. On May 15, more than 300 persons protested the participation of 30 persons in the first LGBTQI+ pride event in Burgas, throwing rocks, smoke bombs, cucumbers, eggs, and plastic bottles at them, and burned a rainbow flag. More than 300 police secured the event and prevented further violence. A few hours earlier, the local Christian Orthodox clergy in Burgas held a prayer service “in defense of and support for the traditional Bulgarian family as well as to uphold the original Orthodox values and virtues.” In May members of nationalist Bulgarian National Union disrupted several LGBTQI+ events, such as a book presentation and film screening in Sofia, behaving aggressively and breaking the windows of the venue. In September a 15-year-old student was attacked and beaten by an older student in front of many other students in a schoolyard in Plovdiv “because he had a gay voice.” The victim was admitted to an intensive care ward with a concussion and head wounds.

On October 30, LGBTQI+ organizations reported a group of approximately 10 persons led by presidential candidate and Bulgarian National Union-National Democracy leader Boyan Stankov, also known as Rasate, stormed the Rainbow Hub LGBTQI+ community center during an event and punched an employee in the face, spray painted doors and walls, and broke equipment. On November 3, authorities arrested Rasate, who denied any involvement in the attack, after the Central Electoral Commission lifted the immunity conferred upon him as a candidate. He was charged with hooliganism and infliction of an injury committed with “extreme audacity and disrespect for the democratic foundations of the state.” As of December an investigation was underway.

In March the Internal Macedonian Revolutionary Organization political party, part of the governing coalition at the time, issued a position declaring the country “a zone free of LGBTQI propaganda.”

According to LGBTQI+ organizations, courts rejected the right of same-sex partners to protection from domestic violence because the law treats “spousal” only as applying to married persons who cannot legally be the same sex. The Commission for Protection against Discrimination reported receiving very few cases – three as of September – regarding sexual orientation.

According to the GLAS Foundation, tolerance toward LGBTQI+ persons was increasing. In March a polling agency presented research commissioned by GLAS showing that 6.4 percent of respondents would vote unconditionally in the forthcoming elections for a political party that supports LGBTQI+ rights while another 34.8 percent would not mind voting for such a party if they also liked its views on other topics.

A May 2020 report by the EU Agency for Fundamental Rights indicated that nearly 30 percent of LGBTQI+ persons had experienced workplace discrimination and nearly 40 percent of them did not report it to the police due to fear of discrimination. A study from March 2020 by the NGOs Single Step and Bilitis reported that 83 percent of LGBTQI+ students had experienced homophobic insults, 70 percent had suffered harassment, 34 percent had been physically abused, and 19 percent had been assaulted, while 50 percent never reported incidents to the authorities.

Many health professionals considered LGBTQI+ status a disease. The general stigma around sexual orientation and gender identity frequently resulted in refusal of health services, particularly to transgender persons. NGOs complained that most political parties in the National Assembly, government ministers, and municipal authorities were reluctant to engage in a dialogue on the problems facing LGBTQI+ individuals and related policy matters.

NGOs urged the government to discontinue normalization therapies on intersex children, which were funded by the National Health Insurance Fund with consent from their parents.

In March the civil division of the Supreme Cassation Court, which had been asked to interpret the law and rule whether transgender persons were entitled to a legal change of their biological sex, petitioned the Constitutional Court to explain whether the definition of “sex” according to the constitution also includes separate psychological or social aspects, different from the biological aspect. In October the Constitutional Court ruled that the constitution views the term “sex” in the biological sense based on gender binary and that sexual self-determination is a legitimate reason for changing one’s gender legally only in cases involving intersex persons. The ruling identified a legal gap regarding the legal change of biological sex and gave no specific guidance to the Supreme Cassation Court on how to proceed with its decision.

Burkina Faso

Executive Summary

Burkina Faso is a constitutional republic led by an elected president. In November 2020 the country held presidential and legislative elections. President Roch Marc Christian Kabore was re-elected to a second five-year term with 57.74 percent of the popular vote, and his party – the People’s Movement for Progress – won 56 seats in the 127-seat National Assembly, remaining the largest party in a legislative majority coalition with smaller parties. National and international observers characterized the elections as peaceful and “satisfactory,” with credible results, while noting logistical problems on election day and a lack of access to the polls for many citizens due to insecurity. The government had previously declared that elections would take place only in areas where security could be guaranteed.

The Ministry of Security and the Ministry of Defense are responsible for internal security. The Ministry of Security oversees the National Police. The army, air force, and National Gendarmerie, which operate within the Ministry of Defense, are responsible for external security but sometimes assist with missions related to domestic security. In January 2020 the government passed legislation formalizing community-based self-defense groups by establishing the Volunteers for the Defense of the Fatherland, a civilian support corps for state counterterrorism efforts with rudimentary oversight from the Ministry of Defense. By year’s end the government registered approximately 2,700 Volunteers. Civilian authorities generally maintained effective control over security forces, but there were credible reports members of state-sponsored militias committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by security forces and state-sponsored militias and extremist groups; forced disappearance by security forces and extremist groups; torture and cases of cruel, inhuman, or degrading treatment or punishment by extremist groups; harsh and life-threatening prison conditions; serious abuses in an internal conflict, including widespread civilian harm, abductions, torture, and physical abuses or punishment, and unlawful recruitment of child soldiers by extremist groups; serious restrictions on free expression and media, including violence or threats of violence against journalists and censorship; serious acts of corruption; lack of investigation and accountability for gender-based violence, including but not limited to domestic or intimate partner violence, sexual violence, child, early and forced marriage, female genital mutilation/cutting, and other harmful practices; trafficking in persons; crimes involving violence or threats of violence targeting members of national, racial, and ethnic minorities; and the worst forms of child labor.

The government investigated and punished some cases of abuse, but impunity for human rights abuses and corruption remained a problem.

The country experienced deadly attacks by violent extremist organizations during the year. Terrorist groups Jama’at Nasr al-Islam wal Muslimin (Group for the Support of Islam and Muslims), the Islamic State in the Greater Sahara, and other armed groups, such as the homegrown Ansaroul Islam, perpetrated numerous attacks that resulted in hundreds of civilian deaths as well as scores of deaths among government security forces and state-sponsored militias. Security incidents included improvised explosive device attacks; targeted killings; kidnappings; attacks on mining sites (especially gold mines); burning of schools, medical centers, and homes; and theft of cattle, vehicles, and food assistance, contributing to a humanitarian crisis and the internal displacement of more than 1.5 million persons. The government detained several hundred suspected violent extremists, including several children. Some detainees had been awaiting trial for several years. In August the Specialized Antiterrorism Court held the first criminal trials of terrorist suspects.

Section 6. Discrimination and Societal Abuses

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

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community. NGOs reported police occasionally arrested gay men and transgender individuals and humiliated them in detention before releasing them.

Societal discrimination against LGBTQI+ persons was a problem, and it was exacerbated by religious and traditional beliefs. Medical facilities often refused to provide care to members of the transgender community, and LGBTQI+ individuals were occasionally victims of verbal and physical abuse, according to LGBTQI+ organizations. There were no reports the government responded to societal violence and discrimination against LGBTQI+ persons.

LGBTQI+ organizations had no legal status in the country but existed unofficially with no reported harassment. There were no reports of government or societal violence against such organizations.

Burma

Executive Summary

Burma’s military overthrew the democratically elected civilian government via a coup d’etat on February 1, declaring a state of emergency and transferring all executive, legislative, and judicial authorities to the State Administration Council, an authoritarian military-run administrative organization led by armed forces commander in chief Min Aung Hlaing. The military detained key elected civilian leaders and dissolved all national and subnational legislatures, including the Union Parliament, forcing many elected members to flee their homes and offices or face potential arrest. On February 5, elected parliamentarians from the National League for Democracy and allied political parties formed the Committee Representing the Union Parliament, which subsequently declared the regime “illegitimate” and the 2008 constitution abolished before proclaiming a “National Unity Government” on April 16.

The Myanmar Police Force is primarily responsible for internal security. The Border Guard Police is administratively part of the Myanmar Police Force but operationally distinct. Both fall under the regime’s Ministry of Home Affairs, led by an active-duty military general and itself subordinate to the military command. The armed forces under the Ministry of Defense are responsible for external security but are engaged almost exclusively in internal activities, including combat against ethnic armed groups. Members of the regime security forces continued to commit numerous gross violations of human rights.

Regime security forces arrested State Counsellor Aung San Suu Kyi, President Win Myint, and other leading members of the civilian government and National League for Democracy on February 1. Nationwide prodemocracy protests following the coup and the Civil Disobedience Movement, continuing as of November, opposed and disrupted efforts by the regime to exert full administrative control over governing institutions. The regime responded with repressive tactics such as the mass arrest of its political opponents and the use of widespread lethal violence against unarmed persons, including men, women, and children. Fighting between the military and ethnic armed organizations escalated, and the National Unity Government announced on April 16 that it would establish armed People’s Defense Force groups that would cooperate with various ethnic armed organizations.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings; forced disappearances; torture and cruel, inhuman, or degrading treatment and punishment by the regime; gender-based violence by the regime; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; politically motivated reprisals against individuals in another country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious abuses in a conflict, including reportedly unlawful or widespread civilian harm, enforced disappearances or abductions, and torture and physical abuses or punishment; unlawful recruitment or use of child soldiers; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions of journalists, and censorship; and the existence of criminal libel laws; substantial interference with the freedoms of peaceful assembly and association; particularly severe restrictions on religious freedom; restrictions on freedom of movement; the inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; lack of investigation of and accountability for gender-based violence; trafficking in persons; crimes involving violence or threats targeting members of national and ethnic minority groups; the existence of laws criminalizing consensual same-sex sexual conduct between adults, although those laws were rarely enforced; significant restrictions on workers’ freedom of association, including violence and threats against labor activists; and the use of forced and child labor, including the worst forms of child labor.

There continued to be almost complete impunity for abuses by the regime security forces. There was no credible information that the regime took actions to prosecute or punish officials responsible for human rights abuses or corruption.

Some ethnic armed organizations and Peoples Defense Force groups or members committed human rights abuses, including killings, disappearances, physical abuse and degrading treatment, and failure to protect local populations in conflict zones.

Section 6. Discrimination and Societal Abuses

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

Although consensual sexual activity between men remained a criminal offense, political reforms in prior years made it easier for the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community to hold public events and openly participate in society. Discrimination, stigma, and a lack of acceptance among the general population persisted. Transgender persons, for example, were subject to police harassment, and their identity was not recognized. After the coup, reported violence against LGBTQI+ persons increased. As of July the NUG minister of human rights claimed at least 12 LGBTQI+ community members died and another 73 were arrested while peacefully protesting against the regime. As of November, at least 65 LGBTQI+ community members remained in detention, and 28 were either in hiding or had fled to areas not under regime control. According to Radio Free Asia, LGBTQI+ prodemocracy supporters were targeted for humiliation by regime after arrest including sexual insults, taunts, mocking of clothing, and physical abuse.

There were reports of discrimination based on sexual orientation and gender identity in employment. Many LGBTQI+ individuals faced significant barriers to education and employment if they were vocal or visible about their status. LGBTQI+ persons reported facing discrimination from health-care providers, including public shaming.

A 2019 report by the British Council found mixed views on whether LGBTQI+ persons could be accepted in the culture: fifty percent of respondents rejected the idea. Overall, those polled were more willing to accept LGBTQI+ persons in the abstract but were less so when the person in question was a specific individual, such as a relative or politician.

Burundi

Executive Summary

The Republic of Burundi is a constitutional, multiparty republic with an elected government. The 2018 constitution, promulgated in 2019, provides for an executive branch that reports to the president, a bicameral parliament, and an independent judiciary. In May 2020 voters elected President Evariste Ndayishimiye, members of the National Assembly (lower house), and commune councils. The government allowed the main opposition party to participate and campaign. The elections resulted in a peaceful transfer of power but were deeply flawed with widespread reports of human rights abuses perpetrated primarily against members of the main opposition party. Numerous irregularities undermined the credibility of the process in which international observers did not participate.

The National Police of Burundi, which is under the authority of the Ministry of Interior, Community Development and Public Security, is responsible for law enforcement and maintaining order. The armed forces are under the authority of the Ministry of Defense. The National Intelligence Service, which reports directly to the president, has arrest and detention authority. Civilian authorities at times did not maintain effective control over the security forces. There were credible reports that members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by or on behalf of the government; forced disappearance by or on behalf of the government; torture and cases of cruel, inhuman, or degrading treatment or punishment by or on behalf of the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; politically motivated reprisals against individuals in another country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including violence or threats of violence against journalists and censorship; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; serious and unreasonable restrictions on political participation; serious government corruption; serious government restrictions on or harassment of domestic and international human rights organizations; lack of investigation of and accountability for gender-based violence, including but not limited to domestic and intimate partner violence, sexual violence, child, early and forced marriage and other harmful practices; trafficking in persons; crimes involving violence targeting members of national ethnic minority groups or indigenous peoples; crimes involving violence or threats of violence targeting lesbian, gay, bisexual transgender, queer, or intersex persons; and the existence or use of laws criminalizing consensual same-sex sexual conduct between adults.

The government took steps to identify, investigate, prosecute, and punish officials and members of the ruling party who committed human rights abuses or were involved in corruption. Observers however continued to report intimidation and violence by members of state security forces and their proxies throughout the year. Impunity for government and ruling party officials and for their supporters and proxies remained a problem.

The Imbonerakure, the youth wing of the ruling party, has no official arrest authority, but some members were involved in or responsible for numerous human rights abuses. They routinely assumed the role of state security agents and detained and turned over individuals to the official security services, in some cases after committing human rights abuses. The government investigated and prosecuted some alleged abuses by the Imbonerakure, although it did not do so consistently. Additionally, the rebel group RED-Tabara claimed responsibility for a mortar attack against Bujumbura airport, while unidentified individuals threw grenades at bus stations and other locations that killed and injured several hundred persons during the year. The government pledged to investigate and later blamed exiled opposition leaders, some allegedly linked to RED-Tabara, for the grenade attacks.

Section 6. Discrimination and Societal Abuses

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

There were reports that government agents incited, condoned, and tolerated violence against LGBTQI+ persons. LGBTQI+ persons refrained from reporting such incidents to media or authorities because of stigma, a desire to protect their identities, and concern regarding prosecution of consensual same-sex sexual relations.

There were no reports of official actions to investigate or punish those complicit in violence and abuses by state or nonstate actors.

The law penalizes consensual same-sex sexual relations by adults with up to two years in prison if convicted. There were no reports of prosecutions for same-sex sexual acts during the year.

There were no reports of involuntary or psychological practices specially targeting LGBTQI+ persons.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTQI+ persons was common.

Cabo Verde

Executive Summary

The Republic of Cabo Verde is a parliamentary representative democratic republic largely modeled on the Portuguese system. Constitutional powers are shared between the head of state, President Jose Maria Neves, and the head of government, Prime Minister Ulisses Correia e Silva. The National Elections Commission and international observers declared the 2021 nationwide legislative and presidential elections generally free and fair.

The National Police, under the Ministry of Internal Affairs, is responsible for law enforcement. The Judiciary Police, under the Ministry of Justice, is responsible for major investigations. Civilian authorities maintained effective control over security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of cruel, inhuman, and degrading treatment by military personnel against other military personnel.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses or engaged in corruption.

Section 6. Discrimination and Societal Abuses

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

Antidiscrimination laws exist, and state employers may not discriminate based on sexual orientation, family situation, habits and dress, health status, or membership or nonmembership in any organization. Laws prohibit discrimination in the provision of a good or service, engaging in normal economic activities, and employment. The government generally enforced these laws. The investigation into an October 2020 attack against a member of the Cabo Verdean Gay Association on the island of Sao Vicente remained ongoing as of December.

Cambodia

Executive Summary

Cambodia is a constitutional monarchy with an elected parliamentary government. The ruling Cambodian People’s Party won all 125 National Assembly seats in the 2018 national election, having banned the main opposition party in 2017, turning the country into a de facto one-party state. The prime minister since 1985, Hun Sen, continued in office. International observers, including foreign governments and international and domestic nongovernmental organizations, criticized the election as neither free nor fair and not representative of the will of the people.

The Cambodian National Police maintain internal security. The Royal Cambodian Armed Forces are responsible for external security and also have some domestic security responsibilities. The National Police report to the Ministry of Interior, while the armed forces report to the Ministry of National Defense. Civilian authorities maintained effective control over the security forces, which at times threatened force against opponents of Prime Minister Hun Sen and were generally perceived as an armed wing of the ruling party. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: torture and cruel, inhuman, or degrading treatment or punishment by the government; arbitrary detention by the government; political prisoners and detainees; serious problems with the independence of the judiciary; arbitrary interference in the private lives of citizens, including pervasive electronic media surveillance; serious restrictions on free expression and media, including violence and threats of violence, unjustified arrests or prosecutions of journalists, criminal libel laws, and censorship; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; inability of citizens to change their government peacefully through free and fair elections; serious restrictions on political participation; serious and pervasive government corruption, including in the judiciary; serious government restrictions on or harassment of domestic or international human rights organizations; lack of investigation of and accountability for violence against women; trafficking in persons; and the worst forms of child labor, including forced or compulsory child labor.

A pervasive culture of impunity continued. There were credible reports that government officials, including police, committed abuses and acts of corruption with impunity, and in most cases the government took little or no action. Government officials and their family members were generally immune to prosecution.

Section 6. Discrimination and Societal Abuses

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

No law criminalizes consensual same-sex sexual conduct, nor was there official discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTQI+) persons. Societal discrimination persisted, however, particularly in rural areas.

LGBTQI+ persons generally had limited job opportunities due to discrimination and exclusion. LGBTQI+ persons were occasionally harassed or bullied for their work in the entertainment and commercial sex sectors.

A local LGBTQI+ rights organization reported incidents of violence or abuse against LGBTQI+ persons, including domestic violence by family members. Stigma or intimidation may have inhibited further reporting of incidents. Police did not prioritize investigations into LGBTQI+-related complaints.

Cameroon

Executive Summary

Cameroon is a republic dominated by a strong presidency. The president retains power over the legislative and judicial branches of government. The ruling political party, the Cameroon People’s Democratic Movement, has remained in power since its creation in 1985. The country held legislative elections in February 2020 that were marked by irregularities. The ruling party won 152 of 180 National Assembly seats. Paul Biya has served as president since 1982. He was last reelected in 2018 in an election marked by irregularities.

The national police and the national gendarmerie are responsible for internal security. The former reports to the General Delegation of National Security and the latter to the Secretariat of State for Defense in charge of the Gendarmerie. The army shares some domestic security responsibilities; it reports to the minister delegate at the presidency in charge of defense. The Rapid Intervention Battalion reports directly to the president. Civilian and military authorities did not maintain effective control over the security forces. There were credible reports that members of the security forces committed numerous abuses.

Casualties rose in the Anglophone crisis in the Northwest and Southwest Regions. Anglophone separatists used improvised explosive devices with greater success. ISIS-West Africa increased attacks in the Far North Region. The government continued to crack down on the opposition Cameroon Renaissance Movement, and in December several of its members were sentenced to prison for terms ranging from one to seven years following protests in 2020.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government and nonstate armed groups; forced disappearances by the government; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government and nonstate armed groups; harsh and life-threatening prison conditions; arbitrary arrests or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious abuses in a conflict, including abductions and unlawful recruitment and use of child soldiers by nonstate armed groups; serious restrictions on freedom of expression and media, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and criminal libel laws; substantial interference with the right of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; serious restrictions on freedom of movement; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; lack of investigations and accountability for gender-based violence; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and the existence or use of laws criminalizing same-sex sexual conduct between adults.

Although the government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses or corruption, it did not do so systematically and rarely held public proceedings. Impunity remained a serious problem.

Armed separatists, Boko Haram and ISIS-West Africa, and criminal gangs also committed human rights abuses, some of which were investigated by the government.

Section 6. Discrimination and Societal Abuses

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

On February 12, a representative from Working for Our Wellbeing (WFW), an organization based in Douala working on lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) matters reported that authorities had arrested six LGBTQI+ persons, including four transgender women, between November 2020 and February 8. Mildred Loic Njeuken, known as “Shakiro,” and Roland Moute, who is also known as “Patricia,” were arrested together on February 8. The WFW report added that every detainee experienced varying degrees of physical abuse, harassment, and threats of sexual violence from inmates and guards while inside New Bell Prison in Douala. While the charges against all but Shakiro and Patricia were dropped, the latter two were convicted in May on charges of attempted homosexuality and failure to display a national identity card, and they were sentenced to five years in prison. They were released on bail in July, and as of December the case was before the Court of Appeal in Bonanjo. On August 7, a group of young men violently assaulted “Shakiro” and “Patricia” after they had been released on bail pending an appeal in mid-July. Images and video footage found circulating on social media showed a group of young men violently attacking and disrobing the two survivors on the street. Police reportedly did not officially document the attack in an official report after arriving on the scene, although they escorted the two to the hospital.

In a July 1 report on gender-based violence, Alternative-Cameroon documented the case of a 33-year-old man who was illegally detained at the Douala New Bell Central Prison. On January 24, according to the report, residents in the Douala neighborhood accused the man of being gay, beat him, and called the Douala 10th police district. Police came and arrested the man whom the individuals accused of being homosexual and remanded him for less than 24 hours before referring him to New Bell Central prison, where he spent three months without appearing in court. The survivor lost his job and was evicted from his home.

Consensual same-sex sexual activity between adults is illegal and punishable with imprisonment lasting anywhere between six months and five years plus a fine.

LGBTQI+ human rights organizations such as the Cameroonian Foundation for AIDS, Humanity First Cameroon, Alternatives-Cameroon, the National Observatory of the Rights of LGBTQI+ Persons and Their Defenders, Colibri, Working for Our Wellbeing, and others continued to report arbitrary arrests of LGBTQI+ persons. LGBTQI+ individuals continued to face significant stigma, violence, and discrimination from their families, communities, and the government.

In one instance on February 24, highlighted in the April HRW report, police officers raided the office of Colibri, a health and human rights organization that provides HIV prevention and treatment services in Bafoussam, West Region. Authorities arrested 13 persons on attempted homosexuality charges, including seven from the Colibri staff. Police released all 13 between February 26 and 27. Three of those who were arrested said police beat at least three Colibri staff members at the police station and threatened everyone who had been arrested. They added that police interrogated them without the presence of a lawyer and forced them to sign statements, which they were not allowed to read. One of them, a 22-year-old transgender woman, said, “Police told us we are devils, not humans, not normal. They beat up a transwoman in front of me.” Police also forced one of the 13 arrested, a 26-year-old transgender woman, to undergo an HIV test and a forced anal exam at a health center in Bafoussam on February 25. She reportedly told HRW that “the doctor was uncomfortable with performing the procedure but said he had to do the examination because the prosecutor’s office asked for it.”

On April 14, HRW reported that security forces since February had arbitrarily arrested, beat, or threatened at least 24 persons, including a 17-year-old boy, for alleged consensual same-sex conduct or gender nonconformity. Between February 17 and April 8, HRW said it interviewed 18 persons, including five who had been detained, three lawyers, and 10 members of LGBTQI+ NGOs in relation to the aforementioned case.

The constitution prescribes equal rights for all citizens; however, the law does not explicitly prohibit discrimination against LGBTQI+ persons in housing, employment, nationality, and access to government services such as health care. Security forces sometimes harassed persons based on their perceived sexual orientation or gender identity, including individuals found with condoms and lubricants. Fear of exposure affected individuals’ willingness to access HIV and AIDS services, and several HIV positive men who had sex with men reportedly were partnered with women, in part to conceal their sexual orientation. Anecdotal reports suggested some discrimination occurred in places of employment with respect to sexual orientation.

LGBTQI+ organizations could not officially register as such and thus sought registration either as general human rights organizations or as health-focused organizations. Many LGBTQI+ organizations found that operating health programs, particularly HIV programs, shielded them from potential harassment or shutdown rather than promoting advocacy for LGBTQI+ persons as their primary mission.

According to multiple reports, on November 15, an intersex person was sexually assaulted, beaten, and threatened by a violent mob in Yaounde. The attack, which lasted for several hours, was filmed and later posted on social media. In a press statement issued on November 26, the minister of communication condemned the publication of explicit videos, adding that while homosexuality was against the law, violence against those suspected of homosexuality was also illegal. A man allegedly connected to the attack was arrested and released 48 hours later. A complaint was filed with the police on behalf of the survivor.

Canada

Executive Summary

Canada is a constitutional monarchy with a federal parliamentary government. In a free and fair multiparty federal election held in September, the Liberal Party, led by Justin Trudeau, won a plurality of seats in the federal parliament and formed a minority government.

Federal, provincial, municipal, and indigenous police forces maintain internal security. The armed forces are responsible for external security but in exceptional cases may exercise some domestic security responsibility at the formal request of civilian provincial authorities. The Royal Canadian Mounted Police reports to the Department of Public Safety, and the armed forces report to the Department of National Defense. Provincial and municipal police report to their respective provincial authorities. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses during the year.

Significant human rights issues included credible reports of: unlawful or arbitrary killings; crimes involving violence against indigenous women and girls; and crimes involving violence or threats targeting Black, Asian, Jewish, and Muslim minorities.

The government had mechanisms in place to identify, investigate, prosecute, and punish officials who committed human rights abuses and corruption.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination by state and nonstate actors against LGBTQI+ persons in housing, employment, nationality laws, and access to government services, including health care, and the government enforced the law. Conversion therapy designed to change a person’s sexual orientation is lawful. A 2020 study by the British Columbia-based nonprofit Community-Based Research Centre that promotes the health of individuals of diverse sexualities and genders found 20 percent of sexual-minority men surveyed reported experiencing sexual orientation, gender identity, or gender expression change efforts, and, of them, almost 40 percent (or 47,000 men) reported having experienced conversion therapy. LGBTQI+ individuals were at increased risk of human trafficking.

In January the Quebec Superior Court invalidated provisions in the province’s civil legal code that prevented individuals from changing their birth gender designation to reflect their gender identity, required parents to identify as a mother or father rather than parent on a declaration of birth, and required individuals ages 14 to 17 years to obtain approval from a physician or health professional to change their gender designation on official documents. The court ruled the code deprived transgender and nonbinary persons of dignity and equality and gave the province until December 31 to amend it. In April the Quebec government appealed the decision that struck down the requirement for minors to obtain permission from a physician or health professional to change their gender designation; the case remained in progress as of November.

On June 15, Egale Canada, a LGBTQI+ NGO, filed an application at the Ontario Superior Court to challenge the constitutionality of exemptions in the law that permit nonconsensual aesthetic surgeries on the genitalia of intersex infants and children. The application remained pending as of November.

On March 21, unknown vandals painted a homophobic slur on the road outside the home of Ottawa’s mayor, an openly gay man. In a tweet the prime minister condemned “ignorance and inexcusable hate” and expressed his support for the mayor. The city removed the graffiti.

Central African Republic

Executive Summary

The Central African Republic is a presidential republic. Faustin-Archange Touadera was elected president for a second five-year term in the first round during December 2020 presidential and legislative elections marred by widespread violence. In December 2020 six armed groups formerly in the peace process combined to form a new alliance, the Coalition of Patriots for Change, led by former president Francois Bozize, and called for a suspension of the electoral process and the establishment of national consultations. These groups significantly disrupted the presidential and legislative elections. More than half of the country’s polling stations were unable to return results primarily due to insecurity, and only an estimated 37 percent of all registered voters were able to cast votes for the presidential elections. As a result of election-related insecurity, President Touadera requested support from the Russian Federation government, which facilitated the deployment of a Russian private military company, Wagner Group, and Rwandan forces. Several opposition leaders denounced irregularities in the elections. International observers found the elections not to be free and fair due to an increased level of violence and intimidation by armed groups. On June 11, President Touadera appointed Henri Marie Dondra as prime minister

Police and gendarmes are responsible for enforcing law and maintaining order. The Central African Armed Forces report to the Ministry of Defense and have the primary role of maintaining internal security. The president is commander in chief of the armed forces. Police and the gendarmerie report to the Ministry of Interior and Public Security. Civilian authorities’ control over security forces continued to improve but remained weak. There were credible reports that members of the security forces, along with Russian private military company elements from the Wagner Group, engaged in active combat and committed human rights abuses at a rate comparable to armed groups.

State authority beyond the capital improved with the increased deployment of prefects and troops in provincial capitals. Armed groups, however, still controlled some portions of territory throughout the country and acted as de facto governing bodies in those areas, taxing local populations and appointing armed group members to leadership roles.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by the government; forced disappearances by the government; torture by the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious abuses in the context of an internal conflict, including killing of civilians, enforced disappearances, torture and physical abuse or punishment, unlawful recruitment or use of child soldiers, and other conflict-related abuses by armed groups; restrictions on free expression and media, including the existence of criminal libel laws; serious government corruption; lack of investigation of and accountability for gender-based violence; and laws criminalizing consensual same-sex conduct between adults.

The government took steps to investigate and prosecute government officials for alleged human rights abuses and corruption, including in the security forces. Nevertheless, a climate of impunity and a lack of access to legal services remained obstacles to citizens’ ability to obtain formal justice.

Intercommunal violence and targeted attacks on civilians by armed groups continued. Armed groups perpetrated serious abuses of human rights and international humanitarian law during these internal conflicts. Ex-Seleka, Anti-balaka, and other armed groups committed unlawful killings, torture and other mistreatment, abductions, sexual assaults, looting, and destruction of property. The government stated it was investigating several high-profile cases of intercommunal violence during the year and considering charges of crimes against humanity and war crimes against perpetrators. (Note: This report refers to the “ex-Seleka” for all abuses attributed to the armed factions associated with Seleka, including the Popular Front for the Renaissance in the Central African Republic and the Union for Peace, which were formed after Seleka was dissolved in 2013. The armed group known as “Return, Reclamation, Rehabilitation” also committed serious human rights abuses during the year.)

Section 6. Discrimination and Societal Abuses

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

The law criminalizes consensual same-sex sexual conduct. The penalty for conviction of “public expression of love” between persons of the same sex is imprisonment for six months to two years and a substantial monetary fine. During the year there were no reports police arrested or detained persons under these provisions.

While official discrimination based on sexual orientation occurred, there were no reports the government targeted LGBTQI+ persons. Societal discrimination against LGBTQI+ persons was entrenched due to a high degree of cultural stigmatization. One openly LGBTQI+ organization based in Bangui, Central African Alternative, carried out health-based advocacy for LGBTQI+ persons.

Chad

Executive Summary

Chad was by year’s end controlled by a 15-member transitional military council. On April 19, the National Independent Electoral Commission announced Idriss Deby won a sixth presidential term. Observers considered the April election neither free nor fair due to bans of public gatherings, abuses by security forces against the opposition, disqualification of opposition candidates, and numerous irregularities on election day.

The National Army of Chad, National Gendarmerie, Chadian National Police, Chadian National Nomadic Guard, and National Security Agency are responsible for internal security. The armed forces report to the minister delegate to the president in charge of armed forces, veterans, and war victims. The National Police, National Nomadic Guard, and a specialized gendarmerie unit (the Detachment for the Protection of Humanitarian Workers and Refugees) report to the Ministry of Public Security and Immigration. The National Security Agency reports directly to the president of the Transitional Military Council. Civilian authorities at times did not maintain effective control of the security forces. There were credible reports that members of the security forces committed numerous abuses.

On April 20, President Idriss Deby died on the battlefield while confronting Libya-based rebels. Since Chad had not constituted a Senate, according to the constitution, the powers of the Senate should have devolved to the National Assembly, whose president and first vice president declined to take power. The newly established Transitional Military Council chose the former president’s son, Army General Mahamat Idriss Deby, as its president. Deby then appointed a civilian transitional government.

Significant human rights issues included credible reports of: unlawful or arbitrary killings; extrajudicial killings by the government or on behalf of the government; forced disappearance by or on behalf of the government ;torture and cases of cruel, inhuman, or degrading treatment or punishment by the government or on behalf of the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions against journalists, censorship, and the existence of criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental and civil society organizations; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; lack of investigation of and accountability for gender-based violence, including but not limited to domestic or intimate partner violence, sexual violence, child, early, and forced marriage, female genital mutilation/cutting, and other harmful practices; trafficking in persons; crimes involving violence or threats of violence targeting members of ethnic minority groups; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and existence or use of laws criminalizing consensual same-sex sexual conduct between adults.

There were reports that authorities sought to combat widespread impunity by prosecuting or punishing some government officials who committed human rights abuses or participated in corruption.

Boko Haram and ISIS-West Africa killed numerous civilians and military personnel. At least one incident in Litri was investigated, but no prosecution had resulted as of year’s end. The political-military group Front for Change and Concord in Chad engaged in armed hostilities with armed forces in April, leading to the death of at least five troops and then president Idriss Deby.

Section 6. Discrimination and Societal Abuses

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

The law criminalizes consensual same-sex sexual conduct between adults, with punishments ranging from three months’ to two years’ imprisonment and fines. The government did not actively enforce the law, but there were reports of police harassment against LGBTQI+ persons.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services.

LGBTQI+ persons faced steep cultural, social, and legal barriers to equal treatment and public acceptance. Many viewed same-sex sexual conduct as a sin, antithetical to local customs and African values. Acceptance of LGBTQI+ persons was minimal; many individuals hid their identity for self-protection, especially those living outside the capital. LGBTQI+ persons reported that the environment in the country was so intolerant that many of them only believed themselves comfortable publicly engaging on the topic after having made the decision to live outside of the country (see also section 3, Participation of Women and Members of Minority Groups).

Chile

Executive Summary

Chile is a constitutional multiparty democracy. On November 21, the country held presidential elections and concurrent legislative elections that observers considered free and fair. President-elect Gabriel Boric won a runoff election on December 19 and was to take office March 11, 2022.

The Carabineros (national uniformed police) and the Investigative Police have legal responsibility for law enforcement and maintenance of order, including migration and border enforcement, within the country. The Ministry of the Interior and Public Security oversees both forces. Civilian authorities generally maintained effective control over the security forces. There were credible reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of: arbitrary or unlawful killings; cruel, inhuman, and degrading treatment by law enforcement officers; violence against indigenous persons; trafficking in persons; and violence against lesbian, gay, bisexual, transgender, queer, and intersex persons.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses and corruption.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination against persons based on sexual orientation or gender identity in housing, employment, and access to government services. The government generally enforced these laws effectively. At times, however, authorities appeared reluctant to use the full recourse of antidiscrimination laws, including charging assailants of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) victims with a hate crime, which would elevate criminal penalties.

Violence against LGBTQI+ individuals continued. In July the Movement for Homosexual Integration and Liberation (MOVILH) reported humiliating treatment and homophobia towards a patient at the San Pablo de Coquimbo Hospital. A doctor discharged the patient less than 24 hours after surgery and without checking the state of the patient’s postoperative recovery.

In March, MOVILH reported that in 2020 it received 1,266 reports of violence or discrimination due to sexual orientation or gender identity, the highest number in the history of their annual report and a 15 percent increase from 2019. The cases included six killings, police abuse, discrimination in the workplace, and hate campaigns. The most common discriminatory acts reported to MOVILH were verbal abuse and discrimination in public services, such as police operations, public education, and health services.

The law grants transgender citizens aged 14 and older the right to have gender markers on government-issued identity cards and university diplomas changed to reflect their gender identity. In May, MOVILH reported that more than 50 persons had reported difficulties in changing their name and gender with the civil registry and delays in receiving their new identity cards.

On December 9, President Pinera signed into law the Marriage Equality Act, with broad bipartisan support from the Congress. Since 2015 civil unions provided same-sex couples with many but not all the benefits of married couples, such as the right to adoption. Under the new law, all families have the right to the same benefits and protections.

China (Includes Hong Kong, Macau, and Tibet)

Read A Section: China

Hong Kong | Macau | Tibet

EXECUTIVE SUMMARY

The People’s Republic of China is an authoritarian state in which the Chinese Communist Party is the paramount authority. Communist Party members hold almost all top government and security apparatus positions. Ultimate authority rests with the Communist Party Central Committee’s 25-member Political Bureau (Politburo) and its seven-member Standing Committee. Xi Jinping continued to hold the three most powerful positions as party general secretary, state president, and chairman of the Central Military Commission.

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Armed Police continue to be under the dual authority of the Central Committee of the Communist Party and the Central Military Commission. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently use civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Civilian authorities maintained effective control of the security forces. There were credible reports that members of the security forces committed serious and pervasive abuses.

Genocide and crimes against humanity occurred during the year against predominantly Muslim Uyghurs and members of other ethnic and religious minority groups in Xinjiang. These crimes were continuing and included: the arbitrary imprisonment or other severe deprivation of physical liberty of more than one million civilians; forced sterilization, coerced abortions, and more restrictive application of the country’s birth control policies; rape; torture of a large number of those arbitrarily detained; forced labor; and draconian restrictions on freedom of religion or belief, freedom of expression, and freedom of movement.

Significant human rights issues included credible reports of: arbitrary or unlawful killings by the government; forced disappearances by the government; torture by the government; harsh and life-threatening prison and detention conditions; arbitrary detention by the government, including the mass detention of more than one million Uyghurs and members of other predominantly Muslim minority groups in extrajudicial internment camps and an additional two million subjected to daytime-only “re-education” training; political prisoners; politically motivated reprisal against individuals outside the country; the lack of an independent judiciary and Communist Party control over the judicial and legal system; arbitrary interference with privacy including pervasive and intrusive technical surveillance and monitoring; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others as well as their family members; serious restrictions on internet freedom, including site blocking; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws that apply to foreign and domestic nongovernmental organizations; severe restrictions and suppression of religious freedom; substantial restrictions on freedom of movement; refoulement of asylum seekers to North Korea, where they have a well founded fear of persecution, including torture and sexual violence; the inability of citizens to choose their government peacefully through free and fair elections; serious restrictions on political participation; serious acts of government corruption; forced sterilization and coerced abortions; trafficking in persons, including forced labor; violence targeting members of national, racial, and ethnic minority groups; severe restrictions on labor rights, including a ban on workers organizing or joining unions of their own choosing; and child labor.

Government officials and the security services often committed human rights abuses with impunity. Authorities often announced investigations following cases of reported killings by police but did not announce results or findings of police malfeasance or disciplinary action. Enforcement of laws on corruption was inconsistent and not transparent, and corruption was rampant.

Section 6. Discrimination and Societal Abuses

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

No laws criminalize private consensual same-sex conduct between adults. Individuals and organizations working on LGBTQI+ matters continued to report discrimination and harassment from authorities similar to that experienced by organizations that accept funding from overseas.

LGBTQI+ individuals reported incidents of violence, including domestic violence; however, they encountered difficulties in seeking legal redress, since regulations on domestic violence do not include recognition of same-sex relationships. Accessing redress was further limited by societal discrimination and traditional norms, resulting in most LGBTQI+ persons refraining from publicly discussing their sexual orientation or gender identity. Nonetheless, the civil code includes a provision that protects certain tenancy rights for designated partners of deceased property owners without officially defined family relationships.

NGOs working on LGBTQI+ topics reported that although public advocacy work became more difficult for them due to laws governing charities and foreign NGOs, they made some progress in advocating for LGBTQI+ rights through specific antidiscrimination cases.

In July, WeChat’s parent company Tencent deleted dozens of public WeChat accounts run by LGBTQI+ groups at universities across the country for allegedly violating internet regulations, including 14 of the most prominent accounts.

In September the National Radio and Television Administration ordered television companies to exclude niangpao or “sissy men” from their content. It was the first time the government used the term, which is used to insult or bully gay men. Also in September the administration condemned representations of gay men’s love stories on radio and television. Later in the month, the state-backed gaming association issued new video game guidelines stating that depictions of same-sex relationships, characters with ambiguous genders, and effeminate males were considered problems and would raise flags.

In November, LGBT Rights Advocacy China, an organization focused on changing law and policy, announced it was ceasing all activities and shutting down its social media accounts.

Colombia

Executive Summary

Colombia is a constitutional, multiparty republic. Presidential and legislative elections were held in 2018. Voters elected Ivan Duque Marquez president in a second round of elections that observers considered free and fair and the most peaceful in decades.

The Colombian National Police force is responsible for internal law enforcement and is under the jurisdiction of the Ministry of Defense. The Migration Directorate, part of the Ministry of Foreign Affairs, is the immigration authority. The Colombian National Police shares law enforcement investigatory duties with the Attorney General’s Corps of Technical Investigators. In addition to its responsibility to defend the country against external threats, the army shares limited responsibility for law enforcement and maintenance of order within the country. For example, military units sometimes provided logistical support and security for criminal investigators to collect evidence in high-conflict or remote areas. Civilian authorities generally maintained effective control over security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings; torture and arbitrary detention by government security forces and armed groups; rape and abuse of women and children, as well as unlawful recruitment of child soldiers by armed groups; criminalization of libel; widespread government corruption; violence against and forced displacement of Afro-Colombian and indigenous persons; violence against lesbian, gay, bisexual, transgender, queer, and intersex persons; killings and other violence against trade unionists; and child labor.

The government generally took steps to investigate, prosecute, and punish officials who committed human rights abuses, although some cases continued to experience long delays. The government generally implemented effectively laws criminalizing official corruption. The government was implementing police reforms focused on enhancing community-police relations, accountability, and human rights.

Armed groups, including dissidents of the Revolutionary Armed Forces of Colombia, National Liberation Army, and drug-trafficking gangs, continued to operate. Armed groups, as well as narcotics traffickers, were significant perpetrators of human rights abuses and violent crimes and committed acts of extrajudicial and unlawful killings, extortion, and other abuses, such as kidnapping, torture, human trafficking, bombings, restriction on freedom of movement, sexual violence, recruitment and use of child soldiers, and threats of violence against journalists, women, and human rights defenders. The government investigated these actions and prosecuted those responsible to the extent possible.

Section 6. Discrimination and Societal Abuses

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

There were allegations of police violence based on sexual orientation. There were no reports of official discrimination based on sexual orientation in employment, housing, statelessness, or access to education; however, there were reports of discrimination with respect to access to health care. The government’s national action plan guarantees lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) rights for the 2019-22 period. In August 2020 the constitutional court determined that medical insurance companies must bear the costs of gender affirmation and reassignment surgeries.

Despite government measures to increase the rights and protection of LGBTQI+ persons, there were reports of societal abuse and discrimination as well as sexual assault. NGOs claimed transgender individuals, particularly transgender men, were often sexually assaulted in so-called corrective rape. The NGO Colombia Diversa reported between January 1 and August 18, there were 39 homicides of LGBTQI+ persons, including 26 transgender individuals. The primary forms of abuse were physical, sexual, and psychological aggression, in addition to economic discrimination.

The Attorney General’s Office reported investigating 185 killings of LGBTQI+ persons from 2008 through July 31. Most of the victims were transgender women. In June, Luciana Moscoso Moreno, a transgender woman and member of the Trans Community Network, was killed in her apartment after receiving threats and hate messages. As of August the Attorney General’s Office reported five open investigations into excessive use of force by military or police against LGBTQI+ persons.

Transgender individuals cited barriers to public services when health-care providers or police officers refused to accept their government-issued identification. Some transgender individuals stated it was difficult to change their gender designation on national identity documents and that transgender individuals whose identity cards listed them as male were required to show proof they had performed mandatory military service or obtained the necessary waivers from that service.

Comoros

Executive Summary

The Union of the Comoros is a constitutional, multiparty republic. The country consists of three islands: Grande Comore (also called Ngazidja); Anjouan (Ndzuani); and Moheli (Mwali); and claims a fourth, Mayotte (Maore) that France administers. The 2019 presidential elections were not free and fair, and international and domestic observers noted the election was marked by significant irregularities. The opposition did not recognize the results due to allegations of ballot stuffing, intimidation, and harassment. International observers considered the January 2020 legislative elections to be generally free and fair, although the opposition boycotted the elections and did not recognize the results.

The National Development Army and the Federal Police have responsibility for law enforcement and maintenance of order within the country. The National Development Army includes both the gendarmerie and the Comorian Defense Force. It reports to the president’s cabinet director for defense. The Federal Police report to the minister of interior. The National Directorate of Territorial Safety, which oversees immigration and customs, reports to the minister of interior. The gendarmerie’s intervention platoon also may act under the authority of the interior minister. When the gendarmerie serves as the judicial police, it reports to the minister of justice. Civilian authorities generally maintained effective control over police and other security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by the government; torture or cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; politically motivated reprisals against an individual in another country; serious restrictions on free expression and media, including violence, threats of violence, and unjustified arrests or prosecutions against journalists, and the existence of criminal libel laws although not enforced; substantial interference with the freedom of peaceful assembly; severe restrictions of religious freedom; inability of citizens to change their government peacefully through free and fair elections; lack of investigation of and accountability for gender-based violence, including but not limited to domestic or intimate partner violence and sexual violence; trafficking in persons; and existence of laws criminalizing consensual same-sex sexual conduct between adults.

Impunity for human rights abuses and corruption was widespread. Although the government sometimes arrested or dismissed officials implicated in abuses or corruption, they were rarely tried.

Section 6. Discrimination and Societal Abuses

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

The law forbids sexual acts “against nature.” This provision is widely understood to apply to consensual same-sex sexual conduct between adults.

Authorities reported no arrests or prosecutions for same-sex sexual activity and did not actively enforce the law. LGBTQI+ persons generally did not publicly reveal their sexual orientation due to societal pressure. There were no local LGBTQI+ organizations.

No laws prohibit discrimination against LGBTQI+ persons in housing, employment, nationality, and access to government services.

Costa Rica

Executive Summary

Costa Rica is a constitutional republic governed by a president and a unicameral legislative assembly directly elected in multiparty elections every four years. In 2018 voters elected Carlos Alvarado of the Citizen’s Action Party as president during a second round of elections. All elections were considered free and fair.

The country has no military forces. Civilian authorities maintained effective control over the 13 agencies that have law enforcement components, including the judicial branch’s Judicial Investigative Organization. The Ministry of Public Security is responsible for the uniformed police force, drug control police, border police, air wing, and coast guard. The Immigration Office is responsible for the immigration police. The Ministry of Public Works and Transportation supervises the traffic police, the Ministry of Environment supervises park police, and the Ministry of Justice manages the penitentiary police. Several municipalities manage municipal police forces. Civilian authorities maintained effective control over the security forces. There were credible reports of isolated instances where members of the security forces committed abuses.

There were no reports of significant human rights abuses.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 6. Discrimination and Societal Abuses

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

No law explicitly prohibits discrimination based on gender identity. Discrimination against persons based on sexual orientation and gender identity is prohibited by a series of executive orders and workplace policies but not by national laws.

There were cases of discrimination against persons based on sexual orientation, ranging from employment, police abuse, and access to education and health-care services. LGBTQI+ individuals experienced discrimination within their own families due to their sexual orientation, gender identity or expression, and sex characteristics.

Cote d’Ivoire

Executive Summary

Cote d’Ivoire is a democratic republic governed by a president. Elections in March for the 255 seats of the National Assembly, the more powerful of the country’s two legislative bodies, were considered free and fair, and all major political parties participated. The president was re-elected for a third term in October 2020 under conditions generally considered free, although some international observers questioned the fairness of the overall electoral process. Some observers found the process to be satisfactory while others concluded it did not allow for genuine competition.

The National Police, which reports to the Ministry of the Interior and Security, and the National Gendarmerie, which reports to the Ministry of Defense, are responsible for domestic law enforcement. The Coordination Center for Operational Decisions, a mixed unit of police, gendarmerie, and Armed Forces of Cote d’Ivoire personnel, assisted police in providing security in some large cities. The Armed Forces of Cote d’Ivoire, which report to the Ministry of Defense, are responsible for national defense. The Directorate of Territorial Surveillance, under the Ministry of Security and Civil Protection, is responsible for countering internal threats. Civilian authorities at times did not maintain effective control over the security forces. There were reliable reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by government or on behalf of government; harsh and life-threatening prison conditions; arbitrary arrest or detentions; political prisoners or detainees; politically motivated reprisals against individuals in another country; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including violence or threats of violence against journalists and the existence of criminal libel laws; serious government corruption; lack of investigation and accountability for gender-based violence, including but not limited to domestic and/or intimate partner violence, female genital mutilation and other harmful practices; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons.

Military police and the military tribunal are responsible for investigating and prosecuting alleged abuses perpetrated by members of the security services. The government took some steps to prosecute officials in the security services, as well as elsewhere in the government, who were accused of abuses, but victims of reported abuses alleged their perpetrators were not disciplined. The government also took steps to prosecute officials who were accused of committing corrupt acts and to recover assets stolen from the state.

Section 6. Discrimination and Societal Abuses

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

Authorities were at times slow and ineffective in their response to societal violence targeting the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community. Further, LGBTQI+ persons often did not report violence committed or threatened against them, including assault or homicide, because they did not believe authorities would take their complaints seriously.

Homosexuality is not criminalized, but public heterosexual and same-sex intimate activity is subject to conviction as a form of public indecency that carries a penalty of up to two years’ imprisonment. Human rights organizations expressed concern this law could be disproportionately applied against LGBTQI+ persons. The law provides for various political, socioeconomic, and safety protections to all citizens and prohibits discrimination based on several specific categories, but not sexual orientation.

LGBTQI+ community members reported being evicted from their homes by landlords or by their own families. Familial rejection of LGBTQI+ youth often caused them to become homeless and drop out of school. Members of the LGBTQI+ community reported discrimination in access to health care. Human rights organizations reported regular discrimination in employment, with employers refusing to hire, firing, or not promoting LGBTQI+ community members once learning of their LGBTQI+ identity.

Crimea

Read A Section: Crimea

Ukraine

In February 2014 Russian forces entered Ukraine’s Crimean Peninsula and occupied it militarily. In March 2014 Russia announced the peninsula had become part of the Russian Federation following a sham referendum that violated Ukraine’s constitution. The UN General Assembly’s Resolution 68/262 on the Territorial Integrity of Ukraine of March 27, 2014; Resolution 76/179 on the Situation of Human Rights in the Temporarily Occupied Autonomous Republic of Crimea and the City of Sevastopol, Ukraine, of December 16, 2021; and Resolution 76/70 on the Problem of the militarization of the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, as well as parts of the Black Sea and the Sea of Azov of December 9, 2021, called on states and international organizations not to recognize any change in Crimea’s status and affirmed the commitment of the United Nations to recognize Crimea as part of Ukraine. In 2014 Ukraine’s parliament (Verkhovna Rada) adopted a law attributing responsibility for human rights violations in Crimea to the Russian Federation as the occupying state. The United States does not recognize the attempted annexation of Crimea by the Russian Federation. Russian law has been applied in Crimea since the Russian occupation and purported “annexation” of the peninsula. For detailed information on the laws and practices of the Russian Federation, see the Country Report on Human Rights for Russia.

EXECUTIVE SUMMARY

A local occupation authority installed by the Russian government and led by Sergey Aksyonov as “prime minister” of the “state council of the Republic of Crimea” administers occupied Crimea. The “state council” is responsible for day-to-day administration and other functions of governing. Russia’s September 17-19 nationwide Duma elections included seats allocated for purportedly annexed Crimea, a move widely condemned by the international community and that contravened the Ukrainian constitution.

Russian government agencies, including the Ministry of Internal Affairs, Federal Security Service, Federal Investigative Committee, and Office of the Prosecutor General, applied and enforced Russian law in Crimea as if it were a part of the Russian Federation. The Federal Security Service also conducted security, counterintelligence, and counterterrorism activities and combatted organized crime and corruption. A “national police force” operated under the aegis of the Russian Ministry of Internal Affairs. Russian authorities maintained control over Russian military and security forces deployed in Crimea. There were credible reports that members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by Russia or Russia-led “authorities”; forced disappearances by Russia or Russia-led “authorities”; torture and cruel, inhuman, or degrading treatment or punishment by Russia or Russia-led “authorities,” including punitive psychiatric incarceration; harsh and life-threatening prison conditions and transfer of prisoners to Russia; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the occupation judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions against journalists, censorship, and criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental and civil society organizations; severe restrictions of religious freedom; restrictions on freedom of movement; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation, including unelected governments and elections that were not genuine, free, or fair; serious acts of corruption; serious restrictions on or harassment of domestic and international human rights organizations; crimes involving violence or threats of violence targeting members of national/racial/ethnic minority groups or indigenous people, including Crimean Tatars and ethnic Ukrainians; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons.

Section 6. Discrimination and Societal Abuses

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

Human rights groups and LGBTQI+ activists reported that most LGBTQI+ individuals fled Crimea after Russia’s occupation began. Those who remained lived in fear of abuse due to their sexual orientation or gender identity. The UN Human Rights Council’s independent expert received reports of increased violence and discrimination against the LGBTQI+ community in Crimea as well as the use of homophobic propaganda employed by the occupation authorities. LGBTQI+ persons reportedly were frequently subjected to beatings in public spaces and entrapped by organized groups through social networks. The council’s report noted, “This environment created an atmosphere of fear and terror for members of the community, with related adverse impacts on their mental health and well-being.”

According to the HRMMU, NGOs working on access to health care among vulnerable groups found it impossible to advocate for better access to health care for LGBTQI+ persons due to fear of retaliation by occupation authorities.

Occupation authorities prohibited any LGBTQI+ group from holding public events in Crimea. LGBTQI+ individuals faced increasing restrictions on their exercise of free expression and peaceful assembly, because occupation authorities enforced a Russian law that criminalizes the so-called propaganda of nontraditional sexual relations to minors (see section 6 of the Country Reports on Human Rights for Russia).

Croatia

Executive Summary

The Republic of Croatia is a constitutional parliamentary democracy. Legislative authority is vested in the unicameral parliament (Sabor). The president serves as head of state and nominates the prime minister, who leads the government, based on majority support of parliament. The latest presidential election was held in December 2019 with a second round for the top two candidates held in January 2020. President Zoran Milanovic was elected by a majority of voters. Domestic and international observers stated that presidential elections and parliamentary elections held in July 2020 were free and fair.

The national police, under the control of the Ministry of the Interior, have primary responsibility for domestic security. In times of disorder, the prime minister and the president may call upon the armed forces to provide security. The president is commander in chief of the armed forces. The armed forces report to the Ministry of Defense and to the president as commander in chief. Civilian authorities maintained effective control over the security forces. Domestic and international nongovernmental organizations reported some members of the border police committed abuses.

Significant human rights issues included credible reports of: instances of intimidation and censorship of journalists and the existence of a criminal libel provision in the penal code; reported acts of unjustified police violence, including pushbacks, against irregular migrants, some of whom may have been asylum seekers; ongoing legal cases involving serious government corruption; and crimes involving violence targeting members of minority groups, particularly Serb, Romani, and lesbian, gay, bisexual, transgender, queer, and intersex individuals.

The government took significant steps to identify, investigate, prosecute, and punish individuals who committed abuses of human rights or engaged in official corruption.

Section 6. Discrimination and Societal Abuses

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

Representatives from minority groups said the law’s prohibitions of discrimination in employment and occupation, nationality laws, housing, access to education, and health care based on sexual orientation, gender identity, or gender expression were not consistently enforced and reported sporadic incidents. LGBTQI+ NGOs noted the continuation of the judiciary’s uneven performance in discrimination cases. They reported members of their community had limited access to the justice system, with many reluctant to report violations of their rights due to concerns regarding the inefficient judicial system and fear of further victimization during trial proceedings. NGOs reported that investigations into hate speech against LGBTQI+ persons remained unsatisfactory. On July 3, during the Zagreb Pride parade, there were incidents of violence and spitting on participants, verbal abuse, and the burning of a rainbow flag, according to the organizers’ statement and media reports. The attacks allegedly took place during and after the march, and police arrested several suspects. During a July 6 meeting, Prime Minister Plenkovic reportedly stated that the entire governing coalition would openly stand against violent incidents such as the ones that occurred after the Pride Parade. He asserted there was no room in Croatian society for hate speech, and he praised Deputy Prime Minister Milosevic for his participation in the Pride parade.

On May 17, in a Facebook post on the occasion of International Day against Homophobia, Transphobia, and Biphobia, Rijeka’s Archbishop Mate Uznic asked forgiveness from homosexuals who felt rejected by the Roman Catholic Church. Uznic expressed regret that there were still Catholics who disagreed with the spirit of the apostolic exhortation of Amoris Laetitia, released by Pope Francis in 2016, which stated, ‘‘every person, regardless of sexual orientation, ought to be respected in his or her dignity and treated with consideration, while every sign of unjust discrimination is to be carefully avoided, particularly any form of aggression and violence.”

The Zagreb Pride organization reported on August 13 that a group of LGBTQI+ tourists from several different countries were thrown out of the Lost in the Renaissance Festival on the southern Adriatic island of Korcula. The organizing Aminess Hotels and Campsites company and the mayor of the city of Korcula strongly condemned the incident and expressed sincere regrets.

On April 21, the Zagreb Administrative Court granted same-sex couples the right to adopt children. The court ruled in favor of a same-sex couple who had challenged a 2019 law meant to increase the number of foster parents. Soon after the court ruling, however, the Ministry of Labor, Pensions, Family and Social Policies announced it would appeal.

Cuba

Executive Summary

Cuba is an authoritarian state. The 2019 constitution codifies that Cuba remains a one-party system in which the Communist Party is the only legal political party. On April 19, President Miguel Diaz-Canel replaced former president Raul Castro as first secretary of the Communist Party, the highest political entity of the state by law. Elections were neither free nor fair nor competitive.

The Ministry of Interior controls police, internal security forces, and the prison system. The ministry’s National Revolutionary Police are the primary law enforcement organization. Specialized units of the ministry’s state security branch are responsible for monitoring, infiltrating, and suppressing independent political activity. The national leadership, including members of the military, maintained effective control over the security forces. There were credible reports that members of the security forces committed numerous abuses, and the number of political prisoners increased dramatically, with many held in pretrial detention under extremely harsh and degrading conditions.

On January 28, security forces violently arrested more than 20 artists and journalist peacefully protesting in front of the Ministry of Culture for the release of detained artists. On July 11, spontaneous peaceful protests broke out across the island. In the largest and most widespread demonstrations in decades, tens of thousands of citizens across the country poured into the streets to demand an end to repression as well as to criticize the government’s failure to meet their basic needs and its poor response to COVID-19. Social media posts helped spread news of the protests among citizens. Security forces responded with tear gas, beatings, and arrests. First Secretary of the Communist Party and President Miguel Diaz-Canel went on national television to call on “all revolutionaries and communists to confront these protests,” a reference to Article Four of the 2019 constitution, which gives citizens the right to “combat through any means, including armed combat” any who “intend to topple the political, social, and economic order established by this constitution.” Many of those arrested reported cruel and degrading treatment in prison. In October authorities denied permission for a protest planned for November 15 and threatened organizers. The government conducted summary trials for some protesters; sought long prison sentences, some up to 30 years, in hundreds of cases; and held other protesters in extended pretrial detention. Some activists chose to go into exile, and the government forced others to do so.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings, by the government; forced disappearance by the government; torture and cruel, inhuman, and degrading treatment of political dissidents, detainees, and prisoners by security forces; harsh and life-threatening prison conditions; arbitrary arrests and detentions; political prisoners; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; reprisals against family members for offenses allegedly committed by an individual; serious restrictions on freedom of expression and media including violence or threats of violence against journalists, censorship, and criminal libel laws used against persons who criticized government leadership; serious restrictions on internet freedom; severe restrictions on the right of peaceful assembly and denial of freedom of association, including refusal to recognize independent associations; severe restrictions on religious freedom; restrictions on internal and external freedom of movement; inability of citizens to change their government peacefully through free and fair elections, including serious and unreasonable restrictions on political participation; serious government corruption; a lack of investigation of and accountability for gender-based violence; trafficking in persons, including forced labor; and outlawing of independent trade unions.

Government officials, at the direction of their superiors, committed most human rights abuses. As a matter of policy, officials failed to investigate or prosecute those who committed these abuses. Impunity for the perpetrators remained widespread, as was impunity for official corruption.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination based on sexual orientation in employment, housing, citizenship, education, and health care but does not extend the same protections to transgender or intersex individuals based on gender identity or gender expression.

The government did not recognize domestic human rights groups or permit them to function legally. Several unrecognized NGOs that promoted LGBTQI+ human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.

Cyprus

Read A Section: Republic Of Cyprus

Area Administered by Turkish Cypriots

The government of the Republic of Cyprus is the only internationally recognized government on the island, but since 1974 the northern third of Cyprus has been administered by Turkish Cypriots.  This area proclaimed itself the “Turkish Republic of Northern Cyprus” in 1983.  The United States does not recognize the “Turkish Republic of Northern Cyprus,” nor does any country other than Turkey.  A substantial number of Turkish troops remain on the island.  A buffer zone, or “Green Line,” patrolled by a UN Peacekeeping Force, separates the two sides.  This report is divided into two parts:  the Republic of Cyprus, and the area administered by Turkish Cypriots.

EXECUTIVE SUMMARY

The Republic of Cyprus is a constitutional republic and multiparty presidential democracy. On May 30, voters elected 56 representatives to the 80-seat Vouli Antiprosopon (House of Representatives) in free and fair elections. The remaining seats are designated for Turkish Cypriots and are left vacant. In 2018 voters re-elected President Nicos Anastasiades in free and fair elections.

Police enforce the law. Police report to the Ministry of Justice and Public Order. The president appoints the chief of police. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: substantial interference with the freedom of association of nongovernmental organizations; refoulement of asylum seekers; mistreatment of asylum seekers, including extended arbitrary detention and harsh detention conditions; serious acts of government corruption; and crimes involving violence or threats of violence targeting members of national and ethnic minority groups.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses and acts of corruption.

Section 6. Discrimination and Societal Abuses

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

Antidiscrimination laws prohibit direct or indirect discrimination based on sexual orientation or gender identity. Antidiscrimination laws cover employment and the following activities in the public and private domain: social protection, social insurance, social benefits, health care, education, participation in unions and professional organizations, and access to goods and services. The law also criminalizes incitement to hatred or violence based on sexual orientation or gender identity.

The government did not always enforce laws against discrimination, and lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) individuals faced significant societal discrimination, particularly in rural areas. As a result many LGBTQI+ persons were not open concerning their sexual orientation or gender identity, nor did they report homophobic violence or discrimination.

There were reports of employment discrimination against LGBTQI+ applicants (see section 7.d.).

As in previous years, ACCEPT representatives reported that transgender persons undergoing hormone replacement therapy experienced discrimination accessing health care following the introduction of a new national universal health insurance system in 2019. The NGO also reported that transgender persons faced increased difficulties accessing hormone treatment due to the COVID-19 lockdown.

Czech Republic

Executive Summary

The Czech Republic is a multiparty parliamentary democracy. Legislative authority is vested in a bicameral parliament, consisting of a Chamber of Deputies (Poslanecka snemovna) and a Senate (Senat). The president is head of state and appoints a prime minister and cabinet ministers. Voters elected representatives to the Chamber of Deputies on October 8 and 9 and re-elected President Milos Zeman to a second five-year term in 2018. The most recent elections, for one-third of the seats in the Senate, were held in two rounds in October 2020. Observers considered the elections free and fair.

The national police report to the Ministry of Interior and are responsible for enforcing the law and maintaining public order, including protecting the border and enforcing immigration law. The General Inspection of Security Forces reports to the Office of the Prime Minister and is responsible for investigating allegations of misconduct involving police, customs officials, fire fighters, and the prison service. General Inspection of Security Forces inspectors investigated allegations of criminal misconduct and carried out sting operations to catch violators in action. The Ministry of Defense oversees the armed forces. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included credible reports of: crimes involving violence or threats of violence against members of minority groups, mainly the Romani community and the lesbian, gay, bisexual, transgender, queer, and intersex community; and the lack of accountability for violence against women.

The government took steps to prosecute and punish officials who committed abuses in the security services and elsewhere in the government.

Section 6. Discrimination and Societal Abuses

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

In June President Zeman stated that he “does not understand transgender people,” that persons who undergo surgery to change their gender are “committing the criminalized act of self-harm,” and that transgender persons are “disgusting.” A leading NGO in the field viewed the comments as psychologically harmful to LGBTQI+ persons and as inciting hatred. An NGO that provides legal assistance to hate crime victims reported that it received five referrals shortly after Zeman’s statement.

An NGO reported that while attacks on Roma remained the most prevalent form of hate crime (verbal and physical), there was a significant increase in attacks on LGBTQI+ individuals during the year. The NGO noted an increase (from two to eight) in such cases reported to it between the first and the second quarters of the year.

In August a young man who identified as nonbinary, accompanied by his 74-year-old grandfather, was attacked by several men in Prague. The grandfather fell and suffered head injuries during the attack and later died in the hospital. An NGO assisting the victim reported that police were not treating the incident as an attack motivated by sexual orientation.

In June a group of eight persons attacked Jakub Stary, the editor of a gay magazine, as well as his same-sex partner and three friends in Prague because Stary and his partner were holding hands. Stary lost teeth and suffered injuries on his head and body. He reported to the media that police on the scene became dismissive of the incident when they were told the attack was provoked by Stary and his partner holding hands.

Several LGBTQI+ individuals complained to the ombudsman that their blood donations were refused on the grounds that they had unprotected sex in the previous six months, although all blood samples are tested for all sexually transmitted diseases. No similar refusals were made regarding blood donations by heterosexual persons.

Official change of gender is only available to persons who undergo gender reassignment surgery. Transgender individuals are required to be sterilized to obtain gender altering surgery or receive legal gender recognition. Gender altering surgery is allowed for single or divorced persons who have a minimum of one year of hormonal therapy and “acting” as the person of the desired gender. The Council of Europe found this practice contrary to EU member commitments on the protection of health. The ombudsman recommended that the government submit amendments to relevant laws. In May 2019 the Supreme Administrative Court ruled, contrary to the European Court for Human Rights, that the sterilization requirement was legitimate. The decision was challenged in the Constitutional Court, where the case was pending as of year’s end.

Laws prohibit discrimination against LGBTQI+ persons in housing, employment, and access to health care, and the government generally enforced such laws. The country does not have specific hate crime provisions covering sexual orientation and gender identity. Laws allow registered partnerships of same-sex couples but not marriage. The law on victims of crimes covers lesbian, gay, bisexual, and transgender minorities, but they are not considered “particularly vulnerable persons” and are not entitled to additional legal protections, unlike children, seniors, victims of trafficking or terrorism, and, as of July, rape and domestic violence victims.

Democratic Republic of the Congo

Executive Summary

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

The primary responsibility for law enforcement and public order lies with the Congolese National Police, which operates under the Ministry of the Interior. The National Intelligence Agency, overseen by the presidency, is responsible for internal and external intelligence. The Armed Forces of the Democratic Republic of the Congo and the military intelligence service operate under the control of the Ministry of Defense and are primarily responsible for external security. In reality, however, these forces focus almost exclusively on internal security. The presidency oversees the Republican Guard, and the Ministry of Interior oversees the Directorate General for Migration, which, together with the Congolese National Police, are responsible for border control. Civilian authorities exercised limited control over the security forces. There were credible reports that members of the security forces committed numerous abuses.

Conflict between government military forces and the more than 15 significant and cohesive illegal armed groups continued in the eastern provinces of the country. In response the president announced a state of siege in the Ituri and North Kivu Provinces on May 6, which parliament repeatedly extended and remained in effect at year’s end. The state of siege transfers powers from civilian to military authorities, provides for increased police powers, extends the jurisdiction of military courts to try civilian criminal offenses, restricts certain fundamental rights and freedoms, and suspends immunity from prosecution for certain elected officials (including national and provincial deputies and senators).

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings; forced disappearances; torture and cases of cruel, inhuman, or degrading treatment or punishment; harsh and life-threatening prison conditions; arbitrary detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious abuses in conflict, including reportedly unlawful or widespread civilian harm, enforced disappearances or abductions, torture and physical abuses or punishment, and unlawful recruitment or use of child soldiers by illegal armed groups; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions of journalists, censorship, and the existence of criminal libel laws; substantial interference with the freedom of peaceful assembly and freedom of association; serious government corruption; lack of investigation of and accountability for gender-based violence, including but not limited to domestic and intimate partner violence, sexual violence, child, early, and forced marriage, and other harmful practices; trafficking in persons; crimes involving violence or threats of violence targeting persons with disabilities, members of national, racial, and ethnic minority groups, and indigenous people; crimes involving violence or threat of violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons; and existence of the worst forms of child labor.

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

Illegal armed groups continued to commit abuses in the eastern provinces and the Kasai region. Additionally, large-scale killings by ISIS-Democratic Republic of the Congo persisted in parts of North Kivu and Ituri. These abuses included unlawful killings, disappearances, torture, destruction of government and private property, and gender-based violence, which was widespread even in areas with no armed conflict, by both government and armed groups. Illegal armed groups also recruited, abducted, and retained child soldiers and subjected children and adults to forced labor. The government took military action against illegal armed groups and investigated and prosecuted some armed group members and the state security forces for human rights abuses.

Section 6. Discrimination and Societal Abuses

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

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

Identifying as LGBTQI+ remained a cultural taboo. LGBTQI+ individuals were subjected to harassment, stigmatization, and violence, including “corrective” rape. Some religious leaders, radio broadcasts, and political organizations played a key role in supporting discrimination against LGBTQI+ individuals.

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

In June LGBTQI+ persons who participated in Pride Month activities were subjected to harassment, physical violence, and threats when photographs became public. An NGO supporting LGBTQI+ rights reported receiving hate mail and threats of violence. The NGO reported there was rarely condemnation when LGBTQI+ persons were attacked and that LGBTQI+ individuals faced difficulties pursuing claims of discrimination in employment.

An NGO promoting LGBTQI+ rights claimed other human rights organizations excluded and ostracized LGBTQI+ rights organizations due to their religious beliefs or belief that LGBTQI+ rights do not constitute human rights. One activist reported being explicitly excluded from other meetings of human rights organizations or women’s rights organizations due to her affiliation as an LGBTQI+ activist.

A human rights NGO reported that a gay man was severely beaten by a mob, which included several security force members, after he was lured to meet another man at a local hotel. Human rights activists alleged that some in the mob were members of the Republican Guard. The mob later attacked the man’s house and stole his money, causing the man to go into hiding and to be disowned by his family.

LGBTQI+ activists reported that there were many cases of “corrective” rape against both men and women during the year. When the survivors came to a health clinic for care, they were either rejected for being LGBTQI+ or the staff at the health clinic tried to talk them out of being LGBTQI+.

An influential church, Centre Missionnaire Philadelphie, where several high-ranking politicians attended services, held a seminar with hundreds of participants about the “causes and consequences” of being LGBTQI+, claiming it was immoral.

In July former human rights minister Marie-Ange Mushobekwa, responding to a tweet, wrote that LGBTQI+ persons could “love each other privately” but claimed that representative of foreign governments “will have to walk over the dead bodies of Congolese people to impose such behavior in public or legalize it.”

Denmark

Executive Summary

The Kingdom of Denmark is a constitutional monarchy with democratic, parliamentary rule. Queen Margrethe II is head of state. A prime minister, usually the leader of the largest party of a multiparty coalition, is head of government and presides over the cabinet, which is accountable to a unicameral parliament (Folketing). The kingdom includes Greenland and the Faroe Islands, which are autonomous with similar political structures and legal rights. They manage most of their domestic affairs, while the central Danish government is responsible for constitutional matters, citizenship, monetary and currency matters, foreign relations, and defense and security policy. Observers deemed national elections in 2019 to be free and fair.

The National Police maintain internal security and, jointly with the Danish Immigration Service, is responsible for border enforcement at the country’s ports of entry. The Ministry of Justice oversees both services. The Armed Forces report to the Ministry of Defense and have responsibility for external security in addition to some domestic security responsibilities, such as disaster response and maritime sovereignty enforcement. Civilian authorities maintained effective control over the security forces. There were some reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of excessive use of solitary confinement, including of children.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses or engage in corruption.

Section 6. Discrimination and Societal Abuses

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

Police and other government agents did not incite, perpetrate, condone, or tolerate violence against LGBTQI+ individuals, or those reporting on such abuse.

Danish law prohibits discrimination by state and nonstate actors against LGBTQI+ persons, and the government enforced such laws.

The law affords individuals legal gender recognition, but government guidelines require that individuals undergoing transition receive hormone treatment at one of two designated government-run clinics; private physicians are not permitted to establish this course of treatment.

In May the protest movement Live and Let Live (Lev og Lad Leve) published a book detailing 1,000 examples of hate crimes committed against members of the LGBTQI+ community in the country since 2020. The release of the book was accompanied by a demonstration at parliament where 1,000 chairs were placed in front of the castle, one to represent each story in the book. The organizers and authors of the book delivered copies of the book to politicians in parliament, among them Minister for Equal Opportunities Peter Hummelgaard. Several smaller demonstrations were held throughout the country where books were given to local politicians. Intersex Denmark and other LGBTQI+ organizations called on the country to end surgery on intersex children.

Djibouti

Executive Summary

Djibouti is a republic with a strong elected president and a weak legislature. The country has a multiparty political system in which parties must be registered and recognized by the ruling authorities. President Ismail Omar Guelleh has served as president since 1999. In April he was re-elected for a fifth term. International observers from the African Union, Intergovernmental Authority on Development, and Arab League characterized the election as free and fair, noting the peaceful and calm atmosphere, but suggested improvements to civil society participation and voter education. Opposition parties boycotted the election, claiming that President Guelleh held too much power, and the only other candidate was a political neophyte who claimed that the government’s refusal to provide security hampered his campaign. Limited space for credible political opposition called into question the fairness of the election but the outcome was not disputed. Legislative elections were held in 2018 but were boycotted by most opposition parties, which stated the government failed to honor a 2015 agreement to install an independent electoral commission to manage and oversee elections. International observers from the African Union, the Intergovernmental Authority on Development, the Organization of Islamic Cooperation, and the Arab League characterized the 2018 legislative elections as “free, just, and fair,” an assessment disputed by opposition leaders. Political power was shared by the two largest ethnic groups, the Somali-Issas and Afars.

The National Police is responsible for security within Djibouti City and has primary control over immigration and customs procedures for all land border-crossing points and reports to the Ministry of the Interior. The National Gendarmerie is responsible for all security outside of Djibouti City, as well as protecting critical infrastructure within the city, such as the international airport, and reports to the minister of defense. The National Service of Documentation and Security operates as a law enforcement and intelligence agency. It reports directly to the Presidency. Civilian authorities maintained effective control over security forces. Members of the security forces committed some abuses.

Significant human rights issues included credible reports of: cruel, inhuman, or degrading treatment or punishment by the government; arbitrary arrest or detention; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including unjustified arrests or prosecutions against journalists, censorship, and the existence of criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association including overly restrictive laws on the organization, funding, or operations or nongovernmental organizations and civil society organizations; trafficking in persons; and the worst forms of child labor.

Impunity was a problem. The government seldom took steps to identify, investigate, prosecute, or punish corrupt officials or those who committed human right abuses, whether in the security services or elsewhere in the government.

Section 6. Discrimination and Societal Abuses

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

The law does not explicitly criminalize lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) status or sexual conduct between consenting adults. No antidiscrimination law exists to protect LGBTQI+ individuals. There were no reported incidents of societal violence or discrimination based on sexual orientation, gender identity or expression, or sex characteristics, although LGBTQI+ persons generally did not openly acknowledge their LGBTQI+ status. There were no LGBTQI+ organizations.

Dominica

Executive Summary

Dominica is a multiparty parliamentary democracy. The prime minister is the head of government. The House of Assembly elects the president, who serves as the head of state. In the 2019 election, Prime Minister Roosevelt Skerrit’s Dominica Labour Party prevailed over the opposition United Workers Party by a margin of 18 seats to three. Election observers from the Organization of American States, United Nations, and Caribbean Community found the election generally free and fair.

The Ministry of Justice, Immigration, and National Security oversees the police, the country’s only security force. The Financial Intelligence Unit reports to the Ministry of Legal Affairs; some of its officers have arrest authority. Civilian authorities maintained effective control over the security forces. There were no credible reports that members of the security forces committed significant abuses.

Significant human rights issues included credible reports of: an alleged unlawful killing, the criminalization of libel, and the criminalization of consensual same-sex sexual conduct between adults, although there were no reported cases of enforcement during the year.

The government took steps to prosecute officials who committed human rights abuses, but some cases remained unresolved. During the year the government did not open an official investigation into allegations of corruption.

Section 6. Discrimination and Societal Abuses

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

Consensual same-sex sexual conduct for both men and women is illegal under indecency statutes. The law also prohibits anal intercourse between males. The government reported it rarely enforced either statute, with no instances of the law being enforced through the end of November. Indecency statutes carry a maximum penalty of 12 years in prison, and same-sex sexual conduct between consenting men carries a maximum penalty of 10 years in prison, with the possibility of forced psychiatric confinement upon release.

No laws prohibit discrimination against a person based on sexual orientation, gender identity, gender expression, or sex characteristics in employment, housing, education, or health care.

Anecdotal evidence suggested that strong societal and employment discrimination were common against persons due to their real or perceived sexual orientation, gender identity, gender expression, or sex characteristics. Civil society representatives reported that LGBTQI+ victims of violence or harassment avoided notifying police of abuse because of social stigma and fear of harassment. Representatives further reported that in cases where police were notified of attacks against LGBTQI+ persons, police either rejected or poorly investigated some claims.

Civil society representatives reported that some LGBTQI+ individuals were denied access to housing, lost employment, were bullied in schools, or were denied educational and institutional support. Stigma and fear of abuse and intimidation prevented LGBTQI+ organizations from developing their membership or conducting activities such as Pride marches.

Dominican Republic

Executive Summary

The Dominican Republic is a representative constitutional democracy. In July 2020 Luis Abinader of the Modern Revolutionary Party was elected president for a four-year term, the first transfer of power from one party to another in 16 years. Impartial outside observers assessed the election as generally free, fair, and orderly.

The National Police fall under the Ministry of Interior and Police but in practice report directly to the president. The Airport Security Authority, Port Security Authority, and Border Security Corps have some domestic security responsibilities and report to the Ministry of Defense and through that ministry to the president. The National Drug Control Directorate, which has personnel from both police and the armed forces, reports directly to the president, as does the National Department of Intelligence. Both the National Drug Control Directorate and the National Department of Intelligence have significant domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by government security forces; cruel, inhuman, or degrading treatment or punishment by police and other government agents; harsh and life-threatening prison conditions; arbitrary detention; arbitrary interference with privacy; criminal libel for individual journalists; serious government corruption; and police violence against lesbian, gay, bisexual, transgender, queer, and intersex persons.

The government took steps in some cases to prosecute and punish officials who committed human rights abuses or corrupt acts, but inconsistent and ineffective application of the law sometimes led to impunity.

Section 6. Discrimination and Societal Abuses

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

The constitution protects the principles of nondiscrimination and equality before the law, but it does not specifically include sexual orientation and gender identity as protected categories. It prohibits discrimination on the grounds of “social or personal condition” and mandates that the state “prevent and combat discrimination, marginalization, vulnerability, and exclusion.” The law prohibits discrimination based on sexual orientation and gender identity only for policies related to youth and youth development.

Discrimination limited the ability of LGBTQI+ persons to access education, employment, health care, and other services. NGO representatives reported widespread discrimination against LGBTQI+ persons, particularly transgender individuals and lesbians, in health care, housing, education, justice, and employment. LGBTQI+ individuals also faced rampant intimidation and harassment.

Ecuador

Executive Summary

Ecuador is a constitutional, multiparty republic with an elected president and unicameral legislature. On April 11, voters elected President Guillermo Lasso Mendoza from a center-right alliance among the Creating Opportunities Movement and the Social Christian Party and selected members of the National Assembly in elections that observers deemed free and fair.

The National Police maintains internal security and law enforcement and is under the authority of the Ministry of Government. The military is under the supervision of the Ministry of Defense and is responsible for external security. Police and military forces share responsibility for border enforcement, with the military also having limited domestic security responsibilities. The military may complement police operations to maintain and control public order when expressly mandated. Migration officers are civilians and report to the Ministry of Government. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: torture and abuse by police officers and prison guards; harsh and life-threatening prison conditions; the existence of criminal libel laws; serious acts of government corruption; lack of investigation of and accountability for violence against women and children; and the use of child labor.

The government took steps to investigate and prosecute officials who committed human rights abuses and against those accused of corruption.

Members of criminal gangs operating in prisons committed acts of torture and killed their rivals during prison disturbances. The government investigated these crimes, and prosecutions were pending. There were incidents of violence and threats of violence against journalists by likely nongovernment actors. Members of society engaged in crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons.

Section 6. Discrimination and Societal Abuses

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

LGBTQI+ groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTQI+ individuals, including when there was suspicion that the killing was motivated by anti-LGBTQI+ bias. On September 3, NGO Silueta X representatives said 14 members of the LGBTQI+ community had been killed in 2020 and seven more as of September 3 (including one alleged forced disappearance by unknown perpetrators). Fundacion Ecuatoriana Equidad cited police and prosecutors’ lax attitude and the lack of technical capacity and knowledge about the LGBTQI+ individuals to explain insufficient investigations into crimes committed against LGBTQI+ persons.

Regarding the May 2020 killing of Javier Viteri, on July 7, a municipal court in Arenillas convicted and sentenced the accused person, a military conscript, to 34 years and eight months in prison.

The constitution includes the principle of nondiscrimination and the right to decide one’s sexual orientation. The law also prohibits hate crimes, but LGBTQI+ activists asserted that since the legal codification of hate crimes in 2008, there had been no hate crime convictions for crimes directed at LGBTQI+ persons. Although the law prohibits discrimination based on sexual orientation, LGBTQI+ persons continued to suffer discrimination from both public and private entities, particularly in education, employment, and access to health care. LGBTQI+ organizations reported transgender persons suffered more discrimination because they were more visible.

LGBTQI+ persons continued to report that the government sometimes denied their right of equal access to formal education. Despite the publication of a “Guide to Prevent and Combat Discrimination Based on Sexual Diversity and Gender Identity” by the Ministry of Education in 2019, Fundacion Ecuatoriana Equidad indicated the government had not comprehensively applied the guide’s provisions and not adapted relevant regulations to implement the guide. LGBTQI+ students, particularly transgender students, sometimes were discouraged from attending classes and were more susceptible to bullying in schools. Human rights activists argued the Ministry of Education and school administrators were slow to respond to complaints regarding overall harassment, discrimination, or abuse, particularly against LGBTQI+ persons. LGBTQI+ persons involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces.

The law prohibits changing gender on identity documents for LGBTQI+ persons younger than 18, even with parental consent. In 2019 an LGBTQI+ NGO reported a transgender minor was denied enrollment at 15 schools under her chosen name and gender in 2017. The minor’s parents subsequently filed a lawsuit requesting that officials allow her to change her name and gender on identity documents to end discrimination against her. In 2018 the Office of the Civil Registry allowed changes on her identity card. Fundacion Ecuatoriana Equidad reported the parents then filed an inquiry with the Constitutional Court to determine the age transgender underage individuals may change their identity information. A court decision on the inquiry remained pending as of September 28.

An LGBTQI+ organization reported the existence of clandestine private treatment centers confining LGBTQI+ persons against their will to “cure” or “dehomosexualize” them despite the illegality of such treatment. According to the organization, the Ministry of Public Health had some success in identifying and closing such institutions. Alternatively, LGBTQI+ organizations said relatives also took LGBTQI+ persons to neighboring countries, where clinics reportedly used violent treatments, including rape, to change LGBTQI+ persons’ sexual orientation.

Egypt

Executive Summary

According to its constitution, Egypt is a republic governed by an elected president and bicameral legislature, with the upper house reconstituted in 2020 as the Senate after a six-year absence. Presidential elections were held in 2018. Challengers to incumbent President Abdel Fattah al-Sisi withdrew ahead of the election, citing personal decisions, political pressure, legal troubles, and unfair competition; in some cases they were arrested for alleged abuses of candidacy rules. Domestic and international organizations expressed concern that government limitations on association, assembly, and expression severely constrained broad participation in the political process. A progovernment coalition won an overwhelming majority of seats in multistage, multiround elections for parliament’s reconstituted Senate and House of Representatives. Domestic and international observers said government authorities professionally administered parliamentary elections in accordance with the country’s laws and that their results were credible. Observers noted restrictions on freedom of peaceful assembly, political association, and expression significantly inhibited the political climate surrounding the elections.

The Interior Ministry supervises law enforcement and internal security, including the Public Security Sector Police, the Central Security Force, the National Security Sector, and the Passports, Immigration, and Nationality Administration. The Public Security Sector Police are responsible for law enforcement nationwide. The Central Security Force protects infrastructure and is responsible for crowd control. The National Security Sector is responsible for internal security threats and counterterrorism along with other security services. The armed forces report to the minister of defense and are responsible for external defense, but they also have a mandate to assist police in protecting vital infrastructure during a state of emergency. On October 25, President Sisi announced he would not renew the state of emergency that expired on October 24 and had been in place almost continuously nationwide since 2017 after terrorist attacks on Coptic churches. On November 11, President Sisi ratified legislation allowing the president to take appropriate measures, not to exceed six months, to maintain public order and security, such as curfews or evacuations of specified areas, in the event of a natural disaster or terrorism event. The amendments also authorize the military to assist local authorities in protecting critical infrastructure. Defense forces operate in North Sinai as part of a broader national counterterrorism operation with general detention authority. The Border Guard Forces, under the Ministry of Defense, are responsible for border control. Civilian authorities maintained effective control over the security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government or its agents, and by terrorist groups; forced disappearance by state security; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary detention; political prisoners or detainees; politically motivated reprisals against individuals located in another country; arbitrary or unlawful interference with privacy; serious abuses in a conflict, including reportedly enforced disappearances, abductions, physical abuses, and extrajudicial killings; serious restrictions on free expression and media, including arrests or prosecutions of journalists, censorship, site blocking, and the abuse of criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental and civil society organizations; restrictions on freedom of movement, including travel bans imposed on human rights defenders, journalists, and activists; serious and unreasonable restrictions on political participation; serious government restrictions on domestic and international human rights organizations; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons and use of the law to arrest and prosecute arbitrarily such persons.

The government failed to consistently punish or prosecute officials who committed abuses, whether in the security services or elsewhere in government, including for corruption. In most cases the government did not comprehensively investigate allegations of human rights abuses, including most incidents of violence by security forces, contributing to an environment of impunity.

Attacks by terrorist organizations caused arbitrary and unlawful deprivation of life. Terrorist groups conducted deadly attacks on government, civilian, and security targets. Authorities investigated terrorist attacks and prosecuted alleged perpetrators. Terrorists and other armed groups abducted and killed civilians in North Sinai. There were incidents of societal sectarian violence against Coptic Christians.

Section 6. Discrimination and Societal Abuses

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

While the law does not explicitly criminalize consensual same-sex sexual activity, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons were arrested and prosecuted on charges such as “debauchery,” “prostitution,” and “violating family values,” for which the law provides for prison sentences of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTQI+ individuals or to avoid arrest. There were reports that authorities used social media, dating websites, and mobile phone apps to entrap persons they suspected of being gay or transgender, a method LGBTQI+ advocates described as especially effective since LGBTQI+-friendly public spaces had largely closed in recent years. Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations, which rights groups indicated primarily targeted LGBTQI+ individuals. The law allows for conducting forced anal exams in cases of “debauchery.”

Authorities did not use antidiscrimination laws to protect LGBTQI+ individuals. Legal discrimination and social stigma impeded LGBTQI+ persons from organizing or advocating publicly in defense of their rights. Information was not available on discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. There were reports of arrests and harassment of LGBTQI+ individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. The government has the authority to deport or bar entry to the country of LGBTQI+ foreigners.

The Egyptian Medical Syndicate allows for gender-affirming treatment with approval by a special committee composed of medical doctors and al-Azhar clergy, according to international media citing a local LGBTQI+ activist on February 6. The committee relies on a fatwa that stipulates gender affirming treatment must be “medically necessary” and justified by a “biological,” not a “mental” matter. According to Human Rights Watch, the surgery was allowed only for intersex persons, which left transgender individuals to seek treatment from unregulated and often unsafe clinics. On August 26, according to Human Rights Watch, Ezz Eldin, a 26-year-old transgender man, bled to death following surgery in an underground clinic.

On May 6, border guards prevented two transgender Israelis from entering Sinai for tourism because they did not appear to belong to the sex listed in their passports.

According to a LGBTQI+ rights organization 2020 annual report issued in January, authorities arrested 25 LGBTQI+ individuals in 2020 and conducted forced anal exams on six persons.

El Salvador

Executive Summary

El Salvador is a constitutional multiparty republic with a democratically elected government. In 2019 voters elected Nayib Bukele as president for a five-year term. The election was generally free and fair, according to international observers. Municipal and legislative elections took place on February 28 and were largely free and fair.

The National Civilian Police, overseen by the Ministry of Justice and Public Security, is responsible for maintaining public security. The Ministry of Defense is responsible for maintaining national security. Although the constitution separates public security and military functions, it allows the president to use the armed forces “in exceptional circumstances” to maintain internal peace and public security “when all other measures have been exhausted.” The military is responsible for securing international borders and conducting joint patrols with the civilian police. Civilian authorities at times did not maintain effective control over security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful killings of suspected gang members and others by security forces; forced disappearances by military personnel; torture and cruel, inhuman, or degrading treatment or punishment by security forces; harsh and life-threatening prison conditions; arbitrary arrest and detention; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including violence or threats of violence against journalists and censorship; substantial interference with the freedom of peaceful assembly and freedom of association; serious acts of government corruption; lack of consistent investigation and accountability for gender-based violence; significant barriers to accessing reproductive health; and crimes involving violence by security forces against lesbian, gay, bisexual, transgender, queer, and intersex individuals.

Impunity persisted in the security forces, executive branch, and justice system. In some cases authorities investigated and prosecuted persons accused of committing crimes and human rights abuses. Impunity for official corruption remained endemic.

Organized criminal elements, including local and transnational gangs and narcotics traffickers, were significant perpetrators of violent crimes. They committed killings and acts of extortion, kidnapping, human trafficking, intimidation, and other threats and violence. They directed these acts against police, judicial authorities, the business community, journalists, women, and members of vulnerable populations.

Section 6. Discrimination and Societal Abuses

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

Police and gangs continue to commit acts of violence against LGBTQI+ individuals. These actions were tolerated by the government, and perpetrators were rarely prosecuted.

On February 20, the Attorney General’s Office announced three MS-13 gang members were convicted of homicide for the 2017 murders of two transgender women in San Luis Talpa, La Paz Department, and each was sentenced to more than 60 years in prison. The Prosecutor’s Office handled the case as a quarrel between gangs and not as a crime related to gender identity of the victims, and as a result the Prosecutor’s Office did not categorize the homicides as hate crimes.

On April 25, Zashy del Cid, a transgender woman, died in San Miguel after she was shot in the back while walking down the street. As of June 5, police had made no arrests. A report by Association Communicating and Training Trans Women in El Salvador (COMCAVIS Trans) found that gangs were responsible for nearly two-thirds of the violence against the LGBTQI+ community.

LGBTQI+ activists reported to the Attorney General’s Office that they received death threats on social media. Police generally failed to act on these reports. NGOs reported that public officials, including police, engaged in violence and discrimination against LGBTQI+ persons. Persons from the LGBTQI+ community stated the PNC and officials from the Attorney General’s Office harassed transgender and gay individuals who reported cases of violence against LGBTQI+ persons, including by conducting unnecessary and invasive strip searches.

In 2020 the Bukele administration eliminated five presidential secretariats created under the previous administration, including the Secretariat of Inclusion. The responsibilities of the secretariat moved to the Gender and Diversity Office in the Ministry of Cultural Affairs, which has no authority to influence policy and insufficient support to implement programs. It did not provide any significant public services.

The law prohibits discrimination based on sexual orientation or gender identity, which applies to discrimination in housing, employment, nationality, and access to government services. Gender identity and sexual orientation are included in the law covering hate crimes, along with race and political affiliation. Despite the existence of these laws, the government has not taken enforcement actions against violators.

As of August 31, the PDDH reported seven alleged cases of discrimination against LGBTQI+ persons. The PDDH confirmed on February 14 that they opened an investigation into the possible discrimination against an army officer who complained of being discharged due to his sexual orientation. On January 31, the Lieutenant Cristian Adalberto Castro Grijalva was discharged from the army for “public or private conduct that is notoriously immoral or contrary to good customs or public order.” Castro Grijalva said his sexual orientation was not a secret and that it never affected his performance.

Supreme Electoral Tribunal guidelines state individuals may not be denied the right to vote because the photograph on their identification card does not match their physical appearance. Nonetheless, media documented cases of transgender persons who faced harassment while voting in the municipal elections during the year because their name and photograph on their national identification document did not match their expression of gender identity.

COMCAVIS Trans reported that the LGBTQI+ community faced discrimination when obtaining health care. Lesbian women said their gynecologists only focused on HIV or other sexually transmitted diseases when they learned that their patients were lesbian instead of spending time treating routine gynecological issues. According to COMCAVIS Trans, transgender persons also faced discrimination from medical staff when they insisted on calling patients by their legal name instead of their chosen names.

Equatorial Guinea

Executive Summary

Equatorial Guinea is nominally a multiparty constitutional republic. Since a military coup in 1979, President Teodoro Obiang Nguema Mbasogo has dominated all branches of government in collaboration with his clan and political party, the Democratic Party of Equatorial Guinea, which he founded in 1991. In 2016 President Obiang claimed to receive 93.7 percent of the vote in a presidential election that many considered neither free nor fair. In 2017 the country held legislative and municipal elections that lacked independent domestic or international monitoring and verification of the voter census, registration, and tabulation of ballots. The ruling party and its 14 coalition parties won 92 percent of the vote, taking all 75 Senate seats, 99 of 100 seats in the lower chamber, and all except one seat in municipal councils.

The vice president (Teodoro Nguema Obiang Mangue, eldest son of President Obiang) has overall control of the security forces. Police generally are responsible for maintaining law and order in the cities, while gendarmes are responsible for security outside cities and for special events. Police report to the minister of national security, while gendarmes report to the Ministry of National Defense. Military personnel, who report to the minister of national defense, also fulfill police functions in border areas, sensitive sites, and high-traffic areas. Both ministers report to the vice president directly. Additional police elements are in the Ministries of Interior (border and traffic police), Finance (customs enforcement), and Justice (investigative and prosecuting police). Presidential security officials also exercise police functions at or near presidential facilities. Civilian authorities did not maintain effective control over the security forces. There were credible reports that members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings, by the government; torture or cruel, inhuman, or degrading treatment or punishment by the government or on behalf of the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions of journalists, censorship, and the existence of criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations; restrictions on freedom of movement and residence within the territory of a state and on the right to leave the country; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; lack of investigation of and accountability for gender-based violence, including but not limited to domestic or intimate partner violence; trafficking in persons; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons.

The government took some steps to prosecute or punish officials who committed abuses or engaged in corruption, including certain cases prompted by criticism from the press and public, whether in the security forces or elsewhere in the government, but impunity was a serious problem.

Section 6. Discrimination and Societal Abuses

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

Security forces reportedly subjected LGBTQI+ individuals to discrimination and violence, including rape and other sexual violence, within the military and in jails and prisons. Authorities did not investigate these abuses.

No laws criminalize consensual same-sex sexual conduct between adults, but societal stigmatization of and discrimination against the LGBTQI+ community was a problem. The government made no effort to combat this stigma and discrimination. The government and laws do not formally recognize or protect the existence of LGBTQI+ persons or groups; no laws prohibit discrimination. The government’s position was that such sexual orientations and gender identities were inconsistent with cultural beliefs.

LGBTQI+ individuals often faced stigma from their families as well as from the government and employers. Families sometimes rejected children and forced them to leave home, often resulting in them quitting school. Authorities removed some LGBTQI+ individuals from government jobs and academia because of their perceived or actual sexual orientation. School officials reportedly denied transgender children access to some educational facilities. There were persistent reports that family members raped LGBTQI+ women to impregnate them and supposedly convert them to heterosexuality. Family members also reportedly raped transgender men. There were also reports of families of LGBTQI+ parents taking children away.

Eritrea

Executive Summary

Eritrea is a highly centralized, authoritarian regime under the control of President Isaias Afwerki. A constitution drafted in 1997 was never implemented. The People’s Front for Democracy and Justice, headed by the president, is the sole political party. There have been no national-level elections since an independence referendum in 1993.

Police are responsible for maintaining internal security, and the armed forces are responsible for external security, but the government sometimes used the armed forces, reserves, demobilized soldiers, or civilian militia to meet domestic as well as external security requirements. Agents of the national security service, a separate agency that reports to the Office of the President, are responsible for detaining persons suspected of threatening national security. The armed forces have authority to arrest and detain civilians. Civilian authorities maintained effective control over most security forces. Members of the security forces committed numerous abuses.

The country continued to experience significant adverse changes in its human rights situation due to its intervention in the conflict in northern Ethiopia, which began in November 2020 and continued throughout the year. The Eritrean Defense Forces were responsible for widespread and serious human rights abuses, including execution, rape, and torture of civilians within Ethiopia.

Significant human rights issues included credible reports of: unlawful and arbitrary killings; forced disappearance; torture; harsh and life-threatening prison and detention center conditions; arbitrary detention; political prisoners; serious problems with judicial independence; arbitrary or unlawful interference with privacy; serious abuses in a conflict, including reportedly unlawful and widespread civilian harm, rape, and enforced disappearances; serious restrictions on free expression and media, including censorship and the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; severe restrictions on religious freedom; restrictions on freedom of movement and residence within the territory of the state and on the right to leave the country; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government restrictions on domestic and international human rights organizations; lack of investigation of and accountability for gender-based violence, including but not limited to domestic or intimate partner violence; trafficking in persons; existence of laws criminalizing consensual same-sex sexual conduct between adults; outlawing of independent trade unions; and the worst forms of child labor.

The government did not generally take steps to investigate, prosecute, or punish officials who committed human rights abuses. Impunity for such abuses was the norm.

Section 6. Discrimination and Societal Abuses

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

The law criminalizes consensual same-sex sexual activity “or any other indecent act,” which is punishable if convicted by five to seven years’ incarceration. The government actively enforced this law. Antidiscrimination laws relating to LGBTQI+ persons do not exist.

There were no known LGBTQI+ organizations in the country. The government tightly restricts freedom of expression (see section 2.a.), including on subjects related to sexual orientation and gender identity.

Estonia

Executive Summary

Estonia is a multiparty, constitutional democracy with a unicameral parliament, a prime minister as head of government, and a president as head of state. The prime minister and cabinet generally represent the party or coalition of parties with a majority of seats in the parliament. The most recent parliamentary elections took place in 2019, with a coalition government taking office the following month. The government coalition changed in January when then Prime Minister Juri Ratas’s government resigned and Prime Minister Kaja Kallas’s government took office on January 26. The coalition consists of the Reform Party and the Center Party. Observers considered the 2019 elections free and fair.

The Police and Border Guard Board and the Internal Security Service maintain internal security. The army is responsible for external security but also has some domestic security responsibilities. The Police and Border Guard Board and the Internal Security Service report to the Ministry of the Interior. The Defense Forces report to the Ministry of Defense. The Police and Border Guard Board and the Internal Security Service investigate civilian cases, while military police investigate defense force cases. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

There were no reports of significant human rights abuses.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses or engage in corruption.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination based on sexual orientation and gender identity. While the law is not specific regarding the forms of sexual orientation and gender identity covered, the general understanding is that it encompasses LGBTQI+ individuals. In 2020 police registered one case that included expression of hatred against LGBTQI+ persons. Advocacy groups reported that societal harassment and discrimination against LGBTQI+ persons remained common but noted improving public attitudes towards LGBTQI+ persons. A 2021 survey of citizens showed that more than half of the respondents considered same-sex sexual orientation completely or somewhat acceptable (53 percent), a 12-point increase since the same question was posed in 2019.

Eswatini

Executive Summary

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

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

In late June and early July, the country experienced unprecedented civil unrest following the banning of petition deliveries, resulting in dozens of deaths and hundreds of injuries. The unrest was marked by violence, looting, arson, and large-scale destruction of property. In October civil unrest again sparked protests, resulting in at least one death and dozens of injuries. During the unrest, the military was deployed to restore order, and the government disrupted internet service. The government acknowledged that there were 34 fatalities from civil unrest in late June and early July, but other groups reported much higher numbers. There were credible reports that security forces used excessive force responding to unrest.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by the government; cruel, inhuman, or degrading treatment or punishment by the government; political detainees; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including an allegation of violence against foreign journalists; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly; restrictions on freedom of movement; serious and unreasonable restrictions on political participation; and the existence of the worst forms of child labor.

The government was inconsistent in its investigation, prosecution, and punishment of officials who allegedly committed human rights abuses or for government corruption.

Section 6. Discrimination and Societal Abuses

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

While there are colonial-era common law prohibitions against sodomy, no penalties are specified, and there has never been an arrest or prosecution for consensual same-sex conduct. The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTQI+ persons, although gradually lessening, remained a concern, and LGBTQI+ persons often concealed their sexual orientation and gender identity. LGBTQI+ persons who were open regarding their sexual orientation and relationships faced censure and exclusion from the chiefdom-based patronage system. Some traditional, religious, and government officials criticized same-sex sexual conduct as neither morally Swati nor Christian. In June LGBTQI+ persons conducted a virtual pride celebration without incident.

Ethiopia

Executive Summary

Ethiopia’s constitution provides for an ethnic-based federal system of government. Prime Minister Abiy Ahmed leads the Prosperity Party, which controls the government. The Prosperity Party dominated the sixth general election held on June 21, winning 96 percent of the seats in the House of Peoples’ Representatives, although results were only announced for 423 of the 547 seats (77 percent). On September 30, a second round of elections took place for some constituencies where voting was delayed due to logistical or security concerns. Voting in other constituencies, including the entire Tigray Region, remained postponed indefinitely. On October 4, newly elected members of parliament took their seats. The elections took place against a backdrop of grave instability, including inter-ethnic and inter-communal violence, and an electoral process that was not free or fair for all citizens, although observers assessed the result generally reflected the will of most citizens.

National and regional police forces are responsible for law enforcement and maintenance of order, with the Ethiopian National Defense Force sometimes providing internal security support. The Ethiopian Federal Police report to the Prime Minister’s Office. The Ethiopian National Defense Force reports to the Ministry of Defense. The regional governments control regional security forces, which generally operate independently from the federal government. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed numerous serious abuses.

In November 2020 fighting between the Ethiopian National Defense Forces and Tigray People’s Liberation Front Regional Security Forces resulted in protracted conflict in the northern part of the country and reports of serious and rampant abuses. The conflict spread into neighboring Amhara and Afar Regions, where serious and rampant abuses were also reported. By year’s end access to the majority of the Tigray Region remained limited, except for the regional capital of Mekele, resulting in a lack of reporting and difficulty ascertaining the extent of human rights abuses. Meanwhile political and ethnic tensions led to violence in other regions notably in Benishangul-Gumuz, Oromia, and Southern Nations, Nationalities, and Peoples’ Region – as well as credible reports of abuses of human rights throughout the year.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government; forced disappearance by the government; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest and detention; political prisoners or detainees; serious abuses in a conflict, including reportedly unlawful or widespread civilian harm, enforced disappearances or abductions, torture and physical abuses or punishments; reports of unlawful recruitment or use of child soldiers by militia groups; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests of journalists, censorship, and the existence of criminal libel and slander laws; serious restrictions on internet freedoms; substantial interference with the freedom of peaceful assembly; serious government corruption; lack of investigation of and accountability for gender-based violence; trafficking in persons; crimes involving violence or threats of violence targeting members of racial or ethnic minority groups; and existence or use of laws criminalizing same-sex sexual conduct.

The government at times did not take steps to prosecute officials who committed human rights abuses or were involved in corruption, resulting in impunity for abusers due to a lack of institutional capacity. The government took some steps toward holding government security forces accountable for abuses.

There were reports of killings of civilians, rape, and other forms of gender-based violence, forced displacement, and looting and destruction of property by the Tigray People’s Liberation Front, Amhara regional militias, and other armed groups, and these were widespread in the context of the continuing conflict in the northern part of the county. Unnamed groups of ethnic Gumuz militants reportedly carried out attacks and killings of civilians in various part of Benishangul-Gumuz throughout the year. Local militia groups in Afar and Somali Regions reportedly carried out attacks and killings of civilians as part of a long-running regional boundary dispute in the northeast part of the country. The Oromo Liberation Army-Shane – an armed separatist group with factions in western, central, and southern Oromia – reportedly killed civilians and government officials in many parts of Oromia, especially in the west.

Section 6. Discrimination and Societal Abuses

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

There were reports of violence against LGBTQI+ persons; however, reporting was limited due to fear of retribution, discrimination, or stigmatization. There are no hate crime laws or other criminal justice mechanisms to aid in the investigation of abuses against LGBTQI+ persons. Individuals generally did not publicly identify themselves as LGBTQI+ due to severe societal stigma and the illegality of consensual same-sex sexual conduct. Activists in the LGBTQI+ community reported surveillance and feared for their safety. The law does not prohibit discrimination by state and nonstate actors against LGBTQI+ persons.

Consensual same-sex sexual conduct is illegal, and conviction is punishable by three to 15 years’ imprisonment. No law prohibits discrimination against LGBTQI+ persons. There were no reports of persons incarcerated or prosecuted for engaging in consensual same-sex sexual conduct.

Fiji

Executive Summary

Fiji is a constitutional republic. In 2018 the country held general elections, which international observers deemed free, transparent, and credible. Josaia Voreqe (Frank) Bainimarama’s Fiji First party won 27 of 51 seats in parliament, and he began a second four-year term as prime minister.

The Fiji Police Force maintains internal security. The Republic of Fiji Military Force is responsible for external security but can be assigned some domestic security responsibilities in specific circumstances. Although the police report to the Ministry of Defense, National Security, and Policing, the military does not. It is subordinate only to the president as commander in chief. Within the limits of the law, civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: cruel, inhuman, or degrading treatment by government agents; serious restrictions on free expression and media, including censorship; substantial interference with the freedom of peaceful assembly; and trafficking in persons.

The government investigated some security force officials who committed abuses and prosecuted or punished officials who committed abuses elsewhere in the government; however, impunity was a problem in cases with political implications.

Section 6. Discrimination and Societal Abuses

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

The constitution prohibits discrimination on the grounds of sexual orientation, gender, and gender identity and expression. The law prohibits discrimination in employment based on sexual orientation. Nevertheless, NGOs reported complaints of discrimination against lesbian, gay, bisexual, transgender, queer, or intersex persons in employment, housing, access to health care, and other fields.

Finland

Executive Summary

The Republic of Finland is a constitutional republic with a directly elected president and a unicameral parliament (Eduskunta). The prime minister heads a five-party coalition government approved by parliament and appointed by the president in 2019. The parliamentary election in 2019 and the presidential election in 2018 were considered free and fair.

The national police maintain internal security. Both Finnish Customs and the Border Guard have law enforcement responsibilities related to their fields of responsibility. The Border Guard has additional law enforcement powers to maintain public order when it operates in joint patrols and under police command. The Defense Forces are responsible for safeguarding the country’s territorial integrity and providing military training. The Defense Forces also have some domestic security responsibilities, such as assisting the national police in maintaining law and order in crises. The national police and Border Guard report to the Ministry of the Interior, which is responsible for police oversight, law enforcement, and maintenance of order; the Ministry of Defense oversees the Defense Forces. Civilian authorities maintained effective control over security forces. There were no reports that members of the security forces committed abuses.

Significant issues included the existence of criminal libel laws.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 6. Discrimination and Societal Abuses

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

The law requires that a transgender person present a medical statement affirming the individual’s gender identity and a certificate of infertility before the government may legally recognize their gender identity. To obtain the medical statement that includes an affirmation of gender, transgender persons must first undergo a psychiatric monitoring process and receive a psychiatric diagnosis, a process that organizations, activists, and transgender persons criticized as causing significant harm, distress, and humiliation. Access to specialized treatment services is only available after a diagnosis of “gender dysphoria,” which lasts for at least two years, thereby creating barriers to gender affirming procedures.

In addition to the requirement that an individual submit to sterilization, activists criticized the duration of the legal process, stating it could take up to three years to obtain identity documents with the new gender markers. In April a citizens’ initiative to reform laws for obtaining legal gender recognition, to extend legal redress opportunities to juvenile minors, and the abolition of a centralized database on past gender transitions garnered 50,000 signatures. Trafficking authorities and civil society stated they had no specialized services for transgender victims of trafficking in persons and were unaware of their status among the trafficking-victim population.

While the law prohibits “conversion therapy” in medical settings, it continued to be practiced privately, most commonly in religious associations. According to local activists, children in the Pentecostal Church community continued to be provided material that encourages sexual orientation conversion.

The law prohibits discrimination based on gender identity, gender expression, or sexual orientation in housing, employment, nationality laws, and access to government services, and the government enforced the law. Stickers for the banned NRM targeted LGBTQI+ pride events, inter alia.

France

Executive Summary

France is a multiparty constitutional democracy. Voters directly elect the president of the republic to a five-year term. President Emmanuel Macron was elected in 2017. An electoral college elects members of the bicameral parliament’s upper house (Senate), and voters directly elect members of the lower house (National Assembly). Observers considered the 2017 presidential and separate National Assembly elections to have been free and fair.

Under the direction of the Ministry of the Interior, a civilian national police force and gendarmerie units maintain internal security. In conjunction with specific gendarmerie units used for military operations, the army is responsible for external security under the Ministry of Armed Forces. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included credible reports of: violence against journalists; the existence of criminal defamation laws; violence motivated by anti-Semitism; and crimes involving violence or threats of violence targeting Muslims, migrants, members of ethnic minorities, and lesbian, gay, bisexual, transgender, queer, and intersex persons.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses or engaged in corruption. Impunity was not widespread.

Note: The country includes 11 overseas administrative divisions covered in this report. Five overseas territories, in French Guiana, Guadeloupe, Martinique, Mayotte, and La Reunion, have the same political status as the 13 regions and 96 departments on the mainland. Five divisions are overseas “collectivities”: French Polynesia, Saint-Barthelemy, Saint-Martin, Saint-Pierre and Miquelon, and Wallis and Futuna. New Caledonia is a special overseas collectivity with a unique, semiautonomous status between that of an independent country and an overseas department. Citizens of these territories periodically elect deputies and senators to represent them in parliament, like the mainland regions and departments.

Section 6. Discrimination and Societal Abuses

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

Homophobic violence and hate speech decreased by 15 percent in 2020, with 1,590 acts compared with 1,870 in 2019, according to Ministry of Interior statistics released May 12. Insults constituted 31 percent of the offenses, while nonsexual physical violence made up 26 percent. Victims were mainly men (75 percent) and young persons (60 percent were younger than age 35). The ministry stressed there was significant underreporting, so the actual figures were higher.

On May 10, the Bobigny Criminal Court sentenced a 21-year-old man to four years in prison, including an 18-month suspended prison sentence, for hitting and stabbing a 31-year-old gay man in an ambush in Drancy in 2019. The court acknowledged the homophobic nature of the attack. Two other suspects, minors at the time of the attack, were due to appear before a children’s judge.

On May 17, the Inter-LGBT association reported that COVID-19 lockdowns led to an increase in violence against lesbian, gay, transgender, queer, and intersex (LGBTQI+) persons within families in 2020. The group said the associations have been under increased pressure to find emergency lodgings for youth thrown out on the street because of their sexual orientation.

According to a YouGov survey of 1,028 individuals conducted between June 7 and June 14 and published on August 31, 57 percent of respondents said they would be supportive if a close family member came out as lesbian, gay, or bisexual, while one in five (19 percent) said they would not. Approximately half (47 percent) would be supportive if their relative came out as transgender or nonbinary, but one in four (27 percent) would not.

The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, nationality laws, and access to government services. Authorities pursued and punished perpetrators of violence based on sexual orientation or gender identity. The statute of limitations is 12 months for offenses related to sex, sexual orientation, or gender identity.

In October 2020 Elisabeth Moreno, the junior minister of gender equality and the fight against discrimination, unveiled a three-year national plan to combat hatred and discrimination against LGBTQI+ persons. Moreno told media the plan emphasized the importance of inclusive education in stamping out homophobia and aimed to make members of the LGBTQI+ community “citizens in their own right.” The strategy comprised 42 measures designed to tackle homophobia or transphobia in the home, school, university, work, health care, and sports, and will be “amplified” between 2020 and 2023. The plan also aimed to act against conversion therapy, which Moreno stated constituted “abject and medieval practices.”

In a September 29 circular addressed to all Education Ministry staff, Education Minister Jean-Michel Blanquer gave instructions on how to improve the welcoming of transgender children and how to fight against transphobia in schools. The circular set rules on responding to requests to change first names, wear clothing, and use private areas such as toilets and changing rooms.

Human rights organizations such as Inter-LGBT criticized the government for continuing to require transgender persons to go to court to obtain legal recognition of their gender identity.

Gabon

Executive Summary

Gabon is a republic with a presidential form of government dominated by the Gabonese Democratic Party and headed by President Ali Bongo Ondimba, whose family has held power since 1967. Bongo Ondimba was declared winner of the 2016 presidential election. Observers noted numerous irregularities, including a questionable vote count in Bongo Ondimba’s home province. The government forcibly dispersed violent demonstrations that followed the election. In the 2018 legislative elections, the Gabonese Democratic Party won 100 of 143 National Assembly seats. The African Union observer mission did not comment on whether the elections were free and fair but noted some irregularities. Some opposition parties boycotted the elections; however, fewer did so than in the 2011 legislative elections.

The National Police Forces, under the Ministry of Interior, and the National Gendarmerie, under the Ministry of Defense, are responsible for law enforcement and public security. Elements of the armed forces and the Republican Guard, an elite unit that protects the president under his direct authority, sometimes performed internal security functions. Civilian authorities generally maintained effective control over security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful killings by the government; torture and cases of cruel, inhuman, or degrading treatment by government authorities and the country’s peacekeepers deployed to United Nations missions; harsh and life-threatening prison conditions; serious problems with the independence of the judiciary; political prisoners or detainees; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including the existence of criminal libel laws; interference with freedom of peaceful assembly and serious restrictions on freedom of movement because of COVID-19 mitigation measures; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; lack of investigation of and accountability for gender-based violence, including but not limited to domestic or intimate partner violence; and existence of the worst forms of child labor.

The government took some steps to identify, investigate, and prosecute officials and punish those convicted of human rights abuses or corruption; however, impunity remained a problem.

Section 6. Discrimination and Societal Abuses

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

In June 2020 the National Assembly and Senate approved a government bill decriminalizing consensual same-sex sexual conduct between adults. In July 2020 the president signed it into law. There are no specific antidiscrimination or hate crime laws or other criminal justice mechanisms designed to aid in the prosecution of bias-motivated crimes (see also section 6, Women, Reproductive Rights). There were reports from civil society organizations and media of LGBTQI+ persons being targeted for abuse. Such incidents were rarely reported to police, however. Societal discrimination in employment and housing were problems, particularly for openly LGBTQI+ persons.

Gambia

Executive Summary

The Gambia is a multiparty democratic republic. In December President Adama Barrow won reelection with 53 percent of the vote. International and domestic election observers determined the elections to be free, fair, transparent, and peaceful, despite widespread but minor administrative problems. International and domestic observers considered the 2017 National Assembly elections to be mostly free and fair.

The Gambia Police Force maintains internal security and reports to the Ministry of Interior. The Gambia Armed Forces consist of four branches: the Gambia National Army, the Gambia Navy, the Republican National Guard, and the Gambia Air Force. The Gambia Armed Forces’ principal responsibilities include aiding civil authorities in emergencies and providing natural disaster relief. The chief of the defense staff administers the Gambia Armed Forces and reports through the minister of defense to the president as commander in chief. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: torture or cruel, inhuman, or degrading treatment or punishment by government or on behalf of government; harsh and life-threatening prison conditions; lack of investigation of and accountability for gender-based violence, including but not limited to domestic and intimate partner violence, sexual violence, child, early, and forced marriage, and female genital mutilation and other harmful practices; trafficking in persons; existence of laws criminalizing consensual same-sex sexual conduct between adults, although the law was rarely enforced; and the existence of the worst forms of child labor.

The government took steps to investigate, prosecute, or otherwise hold accountable some officials who committed abuses or engaged in corruption. Nevertheless, impunity and a lack of consistent enforcement continued to occur.

Section 6. Discrimination and Societal Abuses

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

The law criminalizes consensual same-sex sexual conduct between adults by punishing acts “against the order of nature” and acts of “gross indecency.” The law also punishes “aggravated homosexuality.” The government did not actively enforce these laws.

Citing more “pressing” priorities, the president in 2018 dismissed homosexuality as a nonissue in the country.

The law does not address discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons regarding essential goods and services such as housing, employment, and access to government services, including health care. There was strong societal discrimination against LGBTQI+ persons.

Georgia

Executive Summary

Georgia’s constitution provides for an executive branch that reports to the prime minister, a unicameral parliament, and a separate judiciary. The government is accountable to parliament. The president is the head of state and commander in chief. The president is elected by members of the electoral college, comprised of all members of parliament, members of the high councils of the autonomous republics, and city council representatives. The country held two rounds of parliamentary elections in October and November 2020. In its final report, the Organization for Security and Cooperation in Europe stated the first round of parliamentary elections was competitive and, overall, fundamental freedoms were respected, but “pervasive allegations of pressure on voters and blurring of the line between the ruling party and the state reduced public confidence in some aspects of the process.” The Organization for Security and Cooperation in Europe deployed observers for local elections held in two rounds in October. In a preliminary assessment of the first round, the observers stated, “Contestants were able to campaign freely in a competitive environment that was, however, marred by widespread and consistent allegations of intimidation, vote-buying, pressure on candidates and voters, and an unlevel playing field.” In a preliminary assessment of the second round, the observers stated, “Candidates were generally able to campaign freely, but allegations of intimidation and pressure on voters persisted. Sharp imbalances in resources and an undue advantage of incumbency further benefited the ruling party and tilted the playing field.”

The Ministry of Internal Affairs and the State Security Service of Georgia have primary responsibility for law enforcement and the maintenance of public order. The ministry is the primary law enforcement organization and includes the national police force, the border security force, and the Georgian Coast Guard. The State Security Service is the internal intelligence service responsible for counterintelligence, counterterrorism, and anticorruption efforts. There were indications that at times civilian authorities did not maintain effective control of domestic security forces. There were credible reports that members of the security forces allegedly committed some abuses.

Significant human rights issues included credible reports of: serious problems with the independence of the judiciary along with arbitrary or selective detentions, investigations, and prosecutions widely considered to be politically motivated; unlawful interference with privacy; violence and threats of violence against journalists; limited respect for freedom of peaceful assembly and association; and crimes involving violence or threats targeting lesbian, gay, bisexual, transgender, queer, and intersex persons and activists.

The government took steps to investigate some officials for human rights abuses, but impunity remained a problem. The government’s failure to credibly investigate and prosecute the organizers of violence on July 5-6 resulted in impunity for those abuses. Lack of accountability also continued for the inappropriate police use of force against journalists and protesters during June 2019 demonstrations and the 2017 abduction and rendition from Georgia of Azerbaijani journalist and activist Afgan Mukhtarli.

Russian-occupied regions of Abkhazia and South Ossetia remained outside central government control, and de facto authorities were supported by Russian forces. The cessation of hostilities from 2008 remained in effect, but Russian guards restricted the movement of local populations. Significant human rights issues in the regions included credible reports of unlawful detentions; restrictions on movement, especially of ethnic Georgians; restrictions on voting or otherwise participating in the political process; and restrictions on the ability of ethnic Georgians to own property or register businesses. While there was little official information on the human rights and humanitarian situation in South Ossetia, de facto authorities refused to permit most ethnic Georgians driven out by the 2008 conflict to return to their homes in South Ossetia. De facto authorities did not allow most international organizations regular access to South Ossetia to provide humanitarian assistance. Russian “borderization” of the administrative boundary lines increased, further restricting movement and separating residents from their communities and livelihoods. Russian and de facto authorities in both regions committed abuses with impunity.

Section 6. Discrimination and Societal Abuses

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

The law makes acting on the basis of prejudice because of a person’s sexual orientation or gender identity an aggravating factor for all crimes. According to NGOs, however, the government rarely enforced the law. The Human Rights Department of the Ministry of Internal Affairs trained officers on hate crimes.

The Public Defender’s Office reported LGBTQI+ individuals continued to experience systemic violence, oppression, abuse, intolerance, and discrimination. LGBTQI+ rights organizations reported several instances of violence against LGBTQI+ individuals during the year. Authorities opened investigations into several of the cases. According to the Prosecutor General’s Office, in the first nine months of the year criminal prosecutions were initiated against 64 persons on the basis of intolerance on the grounds of sexual orientation and gender identity. The office reported that violence against LGBTQI+ individuals, whether in the family or in public spaces, was a serious problem and that the government’s actions were insufficient to respond to this challenge.

LGBTQI+ organizations, NGOs, and the Public Defender’s Office reported the government’s ineffective antidiscrimination policy reduced the LGBTQI+ community’s trust in state institutions, and they pointed to homophobic statements by politicians and public officials as furthering hatred and intolerance against the community. For example on July 5, regarding the planned Tbilisi Pride march, Prime Minister Garibashvili stated “the march scheduled today carries risks of civic confrontation because the march is unacceptable by the vast majority of the country’s population. That is why I believe that the conduct of the march on Rustaveli Avenue is not reasonable.” He added separately, “The opposition headed by Saakashvili is behind the pride march, which is aimed at provoking civil confrontation and turmoil.”

During the year there was a rise in attacks against LGBTQI+ persons and those perceived to be associated with the LGBTQI+ community, most notably against transgender women. Violent protests and riots during Tbilisi Pride culminated in homophobic and anti-Western riots on July 5 (see section 2.b., Freedom of Peaceful Assembly and Association). Individual attacks were also on the rise. For example on April 30, a 17-year-old transgender girl was attacked by two unknown suspects who beat her, smashed her cell phone, and used transphobic rhetoric. On May 1, two individuals were charged for this crime and were released by the court on relatively low bail given the nature of the violent crime. On June 7, the case was referred for trial to the Tbilisi City Court; as of year’s end, the trial continued.

On October 31, a man entered a massage parlor in Tbilisi and attacked two transgender women with a knife, killing one and wounding another. The suspect was arrested and faced a charge of premeditated murder. The Prosecutor General’s Office said the suspect “wanted to kill transgender people on the grounds of intolerance of gender identity.” As of year’s end, the case was still pending.

On April 20, a man attacked a lesbian couple in front of their child outside their home in Tbilisi. The attacker, a neighbor, insulted them and demanded they move out of the building. The attacker then spat on them, continued with homophobic insults, and threatened the couple with a knife. Police arrested the man, who was released on bail on April 23 and was allowed to return to their shared apartment building. LGBTQI+ activists cited the case as an example of the government not taking LGBTQI+ hate crimes seriously. In June the case was referred for trial to Tbilisi City Court; as of year’s end, the trial continued.

The Public Defender’s Office received 10 complaints of discrimination based on sexual orientation and seven cases based on gender identity. Of these cases, 16 were being investigated by the Internal Affairs Ministry. In one of the cases, the claimant alleged refusal of service based on homophobic motives. On July 6, a private company refused to prepare a seal for the organization, The Network of a European Person’s Rights. The claimant also said that an employee of the company, who was preparing the mold of the seal, used degrading and insulting language towards the LGBTQI+ community. When the claimant told the employee the name of the organization, the latter started insulting the Tbilisi Pride event, praising Levan Vasadze – a businessman and far-right political leader – and speaking about the July 5 violence. The Public Defender’s Office was reviewing the case.

In a high profile case, in 2019 the Ministry of Internal Affairs charged one person for making death threats based on sexual orientation after he threatened an individual who made public statements against homophobia on May 17, the International Day against Homophobia, Biphobia, and Transphobia. In July the case was referred for trial to Batumi City Court. As of December the trial had not commenced.

The law requires gender confirmation surgery for legal gender-identity change and does not provide options for transgender individuals who do not wish to undergo confirmation surgery to change their gender identity.

Germany

Executive Summary

Germany is a constitutional democracy. Citizens choose their representatives periodically in free and fair multiparty elections. The lower chamber of the federal parliament (Bundestag) elects the chancellor as head of the federal government. The second legislative chamber, the Federal Council (Bundesrat), represents the 16 states at the federal level and is composed of members of the state governments. The country’s 16 states exercise considerable autonomy, including for law enforcement and education. The elections for the Bundestag on September 26 were considered free and fair, as were federal elections in 2017.

Responsibility for internal and border security is shared by the police forces of the 16 states, the Federal Criminal Police Office, and the federal police. The states’ police forces report to their respective interior ministries; the federal police forces report to the Federal Ministry of the Interior. The Federal Office for the Protection of the Constitution and the state offices for the protection of the constitution are responsible for gathering intelligence on threats to domestic order and other security functions. The Federal Office for the Protection of the Constitution reports to the Federal Ministry of the Interior, and the state offices for the same function report to their respective ministries of the interior. Civilian authorities maintained effective control over security forces. There were credible reports that members of the security forces committed few abuses.

Significant human rights issues included credible reports of: crimes involving violence motivated by anti-Semitism and crimes involving violence targeting members of ethnic or religious minority groups motivated by anti-Muslim hatred, xenophobia, or other forms of right-wing extremism.

The government took steps to investigate, prosecute, and punish officials in the security services and elsewhere in government who committed human rights abuses or were accused of corruption.

Section 6. Discrimination and Societal Abuses

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

Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists and community members complained of violent attacks and a growing atmosphere of hostility towards LGBTQI+ persons across the country, often directed at transgender individuals. Official crime statistics recorded 782 hate crimes against LGBTQI+ persons nationwide, 154 of which were violent and 144 of which involved battery. Community activists suspected true figures were much higher and counted three anti-LGBTQI+ killings in the country in 2020. The Berlin NGO Maneo identified 510 hostile incidents in Berlin alone in 2020, 119 of which involved battery or attempted battery.

On March 16, Frankfurt prosecutors charged with aggravated battery three individuals aged 16, 17, and 18 who had attacked a LGBTQI+ individual, age 20, in Frankfurt in November 2020 after he had spoken in a YouTube video regarding queer topics and hostility toward the LGBTQI+ community. They were expected to be tried in juvenile court.

On March 20, an unknown man attacked a trans woman in Frankfurt with verbal insults and several punches to her face, resulting in light injuries and hospitalization. Following the attack, trans rights activist Julia Monro praised the communications practices of Frankfurt police, especially for having explicitly named transphobia as the motive for the attack.

On May 21, the Dresden Higher Regional Court sentenced a Syrian refugee, age 20, and known Islamist to life imprisonment followed by a conditional security detention for attacking a gay couple in Dresden with a knife in October 2020, fatally injuring one of them. The state Ministry of the Interior and Federal Prosecutor’s Office in Saxony rejected a homophobic motive, focusing instead on the crime’s radical Islamist background. LGBTQI+ advocacy groups decried this as “unacceptable” and “disturbing.”

On June 24, the day of Berlin’s pride march, a group of unknown persons attacked a march participant from behind before punching him in the face; he required medical treatment for his injuries. Earlier that same evening, a group of persons punched and kicked three other marchers in a Berlin park while shouting anti-LGBTQI+ insults; all three were injured. Police arrested three suspects. The previous afternoon a man aged 18 assaulted a gay couple in the subway and the city’s plaque commemorating the gay liberation movement had been vandalized.

The law prohibits discrimination based on sexual orientation and gender identity. Under the law offering, advertising, or arranging treatments to convert homosexual or transgender minors by means of “conversion therapy” is a crime punishable by up to a year in prison. Penalties are also possible if persons of legal age have been coerced to undergo such “therapy.”

LGBTQI+ activists criticized the law’s requirement that transgender persons obtain two assessments by independent experts to receive legal gender recognition (including a legal name change), as expensive, time consuming, subjective, and intrusive.

In July the Cologne District Court fined a Polish theology professor and priest for inciting hatred by calling homosexuals in the Roman Catholic church a “cancer” and “colony of parasites,” in a January church periodical article. The publication was also fined; both defendants appealed the decision.

A professor previously convicted of defamation of LGBTQI+ persons won his appeal on March 2. In August 2020 a Kassel district court had found Kassel University biology professor Ulrich Kutschera guilty of defamation and fined him. In a 2017 interview, Kutschera had alleged that sexual abuse of children was likelier to occur among same-sex parents and called same-sex couples “asexual erotic duos without reproduction potential.” Kutschera appealed his conviction to the Kassel State Court, which overturned the lower court’s decision, ruling that his statements were covered by constitutional free speech protections.

Ghana

Executive Summary

Ghana is a constitutional democracy with a strong presidency and a unicameral 275-seat parliament. Presidential and parliamentary elections conducted in December 2020 were generally peaceful, although there were isolated incidents of violence during the voting and vote count, resulting in as many as eight deaths, some by security forces. Domestic and international observers assessed the elections to be transparent, inclusive, and credible.

The Ghana Police Service, under the Ministry of the Interior, is responsible for maintaining law and order; however, the military, which reports to the Ministry of Defense, continued to participate in law enforcement activities in a support role, such as by protecting critical infrastructure and by enforcing measures to combat COVID-19. The National Intelligence Bureau handles cases considered critical to state security and answers directly to the Ministry of National Security. Civilian authorities generally maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: arbitrary or unlawful killings by the government or its agents; cases of cruel, inhuman or degrading treatment or punishment by the government or on behalf of the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious restrictions on free expression and media, including violence and threats of violence against journalists, and unjustified arrests or prosecutions of journalists; substantial interference with freedom of assembly; serious government corruption; lack of investigation of and accountability for gender-based violence, including but not limited to domestic or intimate partner violence; crimes involving violence or threats of violence targeting persons with disabilities; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons; existence of laws criminalizing consensual same-sex sexual conduct between adults; and existence of the worst forms of child labor.

The government took some steps to address corruption and human rights abuses by officials, whether in the security forces or elsewhere in the government. Impunity remained a problem, however.

Section 6. Discrimination and Societal Abuses

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

There were some reports of police violence against LGBTQI+ persons. LGBTQI+ persons faced police harassment and extortion attempts (see also section 1.d, Arbitrary Arrest). There were reports police were reluctant to investigate claims of assault or violence against LGBTQI+ persons. Stigma, intimidation, and the perceived negative attitude of some police toward LGBTQI+ persons were factors in preventing survivors from reporting incidents of abuse. LGBTQI+ activists also reported widespread attempts to blackmail LGBTQI+ individuals, with prosecution difficult due to police inaction. LGBTQI+ persons in prison were vulnerable to sexual and other physical abuse, which authorities generally did not investigate.

Beatings and public humiliation of LGBTQI+ persons by community members were common and growing in number. The attacks were sometimes shared on social media in an effort to further humiliate and ostracize LGBTQI+ persons. There was a notable increase in anti-LGBTQI+ statements by political, religious, and community leaders, and media coverage of these statements.

The law criminalizes the act of “unnatural carnal knowledge,” which is defined as “sexual intercourse with a person in an unnatural manner or with an animal.” The offense covers only persons engaged in same-sex male relationships and those in heterosexual relationships. There were no reports of adults prosecuted or convicted for consensual same-sex sexual conduct.

The law does not explicitly prohibit discrimination based on sexual orientation and gender identity. LGBTQI+ persons faced widespread discrimination in education and employment.

Activists working to promote the human rights of LGBTQI+ persons noted great difficulty in engaging officials on LGBTQI+ problems because of social and political sensitivity. Media coverage regarding homosexuality and related topics was almost always negative.

On February 2, the local NGO LGBT+ Rights Ghana inaugurated its new office space in the Ashongman area of Accra. After anti-LGBTQI+ activists complained in local media concerning the existence of the center, on February 15, police raided the center and closed it. The center remained closed at year’s end.

On March 27, police arrested 22 persons in Kwahu-Obomeng, Eastern Region, for participating in an alleged lesbian wedding. Police arrived at a popular community location in response to reports that two women planned to be married. Police justified the arrests on the grounds the venue’s owner complained participants were violating COVID-19 protocols. Authorities released them due to lack of evidence.

On May 20, police arrested 21 LGBTQI+ activists attending a conference in the city of Ho, Volta Region. On an official Twitter account, police acknowledged making the arrests because the suspects were believed to be pro-LGBTQI+. Authorities charged the “Ho 21” with unlawful assembly, conspiracy to commit a crime, and acts of “unnatural carnal knowledge.” After multiple requests, on June 11, authorities released them on bail. On August 5, a court dropped all charges for lack of evidence, and ordered the return of the defendants’ confiscated property including laptops and smart phones.

The LGBTQI+ activists reported harassment and humiliation by police during their detention. They also reported their inability to return to their previous lives, since they were suspended from work and banned from their communities after their identities were broadcast by police.

Greece

Executive Summary

Greece is a constitutional republic and multiparty parliamentary democracy. Legislative authority is vested in a unicameral parliament, which approves a government headed by a prime minister. In 2019 the country held parliamentary elections that observers considered free and fair. A government formed by the New Democracy Party headed by Prime Minister Kyriakos Mitsotakis leads the country.

Police are responsible for law enforcement, border security, and the maintenance of order. They are under the authority of the Ministry of Citizen Protection, which is also responsible for prison facilities. The Coast Guard, responsible for law and border enforcement in territorial waters, reports to the Ministry of Shipping Affairs and Island Policy. The armed forces are under the authority of the Ministry of National Defense. Police and the armed forces share law enforcement duties in certain border areas. Border protection is coordinated by a deputy minister for national defense. Civilian authorities maintained effective control over the police, Coast Guard, and armed forces, and the government had effective mechanisms to investigate and punish abuse. Members of security forces committed some abuses.

Significant human rights issues included credible reports of: cruel, inhuman, or degrading treatment or punishment of criminal suspects by police and against migrants and asylum seekers by authorities; serious restrictions on free expression and media, including criminal libel and slander laws; forced returns of asylum seekers; crimes involving violence targeting members of national/racial/ethnic minority groups; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons.

The government regularly took steps to investigate, prosecute, and punish officials who committed human rights abuses or engaged in corruption, whether in the security forces or elsewhere in the government. There were, however, reports and complaints from nongovernmental organizations and international organizations regarding government failure to effectively investigate and punish police abuse and the lack of independent investigation of and accountability for widespread credible allegations of forced returns of asylum seekers.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons in housing, employment, and government services such as education and health care. The government enforced antidiscrimination laws, which include sexual orientation and gender identity, as aggravating circumstances in hate crimes. Offices combatting race crimes and hate crimes include in their mandates prosecuting crimes targeting LGBTQI+ individuals because of their sexual orientation or gender identity.

Societal discrimination and harassment against LGBTQI+ individuals, including LGBTQI+ refugees and migrants, remained a concern. Some violent incidents targeting LGBTQI+ individuals were reported. LGBTQI+ community members reported they continued facing hardships and domestic abuse during the COVID-19 pandemic lockdown because they were forced to spend long periods at home with families who were not always accepting of their gender identity.

In 2020 the RVRN recorded 14 attacks based on sexual orientation, 12 based on gender identity, and four on mixed grounds. The attacks because of sexual orientation included verbal and physical assaults. In three cases the survivors were minors. Two of the survivors were targeted for a second time. The gender identity attacks included verbal insults or threats and harassment, and at times violence. The RVRN stated the incidents were unprovoked and based solely on the external appearance and features of the survivors. The RVRN also underscored the increasing number of cyberbullying attacks against LGBTQI+ students because of the COVID-19 pandemic and the shift from in-person to virtual classes. According to information communicated to the RVRN, police recorded 24 incidents in 2020 related to sexual orientation and eight to gender identity.

On June 27, media in Thessaloniki reported that a refugee member of the local LGBTQI+ community, received hospital treatment after a group of approximately 10 individuals physically attacked him and his friends inside a university campus. The perpetrators made homophobic and racist comments and hit them with bottles, punches, and kicks.

Members of the LGBTQI+ community continued to advocate for the right to adopt children by same-sex couples and the legal recognition of children born and raised in same-sex families. On June 28, the NGO Transgender Support Association (SYD) hailed the government’s decision to include transgender individuals as vulnerable and eligible for state budget employment subsidies. On March 16, SYD issued a statement criticizing police and the national defense general staff for barring transgender individuals from joining police academies and the armed forces. Unmarried transgender individuals older than 15 may update documents to reflect their gender identity without undergoing sex reassignment surgery. A judge must validate the change based on the individual’s external appearance. According to SYD, the hearing process does not always have the necessary privacy and dignity for the applicant.

Grenada

Executive Summary

Grenada is a parliamentary democracy with a bicameral legislature. Observers considered the 2018 elections to be generally free and fair. In 2018 the New National Party won all 15 seats in the House of Representatives and selected Keith Mitchell as prime minister.

The Royal Grenada Police Force has responsibility for law enforcement and reports to the Ministry of National Security. The country does not have a military force but has a police special services unit that is like a military division. Civilian authorities maintained effective control over the security forces. There were no credible reports that members of the security forces committed abuses.

Significant human rights issues included the existence of laws criminalizing consensual sexual conduct between men, but the law was not enforced during the year.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses or engage in corrupt acts.

Section 6. Discrimination and Societal Abuses

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

The law criminalizes consensual sexual conduct between men and provides penalties of up to 10 years’ imprisonment. The government did not enforce the law. The law makes no provision for sexual conduct between women.

No laws specifically prohibit discrimination in employment, housing, education, health care, access to government services, and essential goods and services against a person based on sexual orientation or gender identity. There were no reports that police or other government agents incited, perpetrated, condoned, or tolerated violence against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals or those reporting on such abuse. There were also no reports of involuntary or coercive medical or psychological practices specifically targeting LGBTQI+ individuals.

Guatemala

Executive Summary

Guatemala is a multiparty constitutional republic. The country last held national and local elections in 2019. Voters elected Alejandro Eduardo Giammattei Falla of the We’re Going for a Different Guatemala political party as president for a four-year term beginning January 2020. International observers considered the presidential election as generally free and fair.

The National Civil Police, which is overseen by the Ministry of Government and headed by a director general appointed by the minister, is responsible for law enforcement in the country. The Ministry of National Defense oversees the military, which focuses primarily on operations in defense of the country, but the government also used the army to support the National Civil Police in internal security operations, as permitted by the constitution. Civilian authorities at times did not maintain effective control over the security forces. There were credible reports that members of security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings; harsh and life-threatening prison conditions; arbitrary arrest and detention; politically motivated reprisals against individuals in another country; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including violence, threats of violence, and unjustified arrests or prosecutions against journalists; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental and civil society organizations; serious government corruption; lack of investigation of and accountability for gender-based violence; crimes involving violence or threats of violence targeting persons with disabilities and members of indigenous groups; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and use of forced labor, including child labor.

Impunity continued to be widespread. Corruption, concerted efforts by organized criminal actors, and undermining of anticorruption institutions and the judiciary by corrupt political actors made meaningful investigation and prosecution of crimes, including corruption, involving public officials difficult.

Section 6. Discrimination and Societal Abuses

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

Extreme violence against LGBTQI+ persons remained a persistent issue and escalated during the year. According to an annual report from the Lambda Association, there were 17 killings of LGBTQI+ persons from January to July in which the violence could plausibly be linked to the victims’ sexual orientation or gender identity. The Lambda Association also reported that most homicides and general crimes of prejudice against LGBTQI+ persons occurred either in the capital, Guatemala City, or in Izabal. In June three of the 17 killed were killed in the span of one week. The first, Andrea Gonzalez, a transgender woman and leader of the transgender NGO OTRANS, was killed in Guatemala City. The second, also a member of OTRANS, Cecy Caricia Ixtapa, was killed in the interior of the country. Government authorities originally reported Ixtapa’s death as caused by complications from cancer, but her family members and members of OTRANS reported she was attacked by two unknown assailants. The third of the June killings was a gay man who was shot and killed in Morales, Izabal.

Openly gay and HIV-positive congressman Aldo Davila reported death threats because of his public denunciations of corrupt officials. The threats often included harassing mentions of his sexual orientation.

According to NGOs that work on gender matters, the government reversed progress in recognition and acceptance of sexual and gender diversity, as evidenced by the minister of education cancelling a public-school module that taught sexual diversity and the increased discrimination against sexual education overall as ordered in the Executive Policy of the Protection of Life and the Family announced by President Giammattei in July.

LGBTQI+ advocates pointed to structural problems that created internal displacement, discrimination, sexual exploitation, and child abuse among members of the community. The largest of these remained government-issued national identification cards that are used to access basic services and education resources but that do not allow transgender persons to receive identification cards with their chosen names or correct gender identification. Without identification that reflected the name and gender under which they lived, transgender persons were denied many government services.

LGBTQI+ groups claimed lesbian, bisexual, and queer women experienced specific forms of discrimination, such as forced marriages and “corrective” rape intended to cause pregnancy, although these incidents were rarely, if ever, reported to authorities.

According to LGBTQI+ activists, gay and transgender individuals often experienced police abuse. LGBTQI+ human rights groups stated, for example, that police regularly engaged in extortion and harassed male and transgender individuals whom they alleged to be sex workers.

Lambda and other LGBTQI+ organizations reported a lack of will on the part of police to investigate fully hate crimes and violence against LGBTQI+ persons. The law does not extend specific antidiscrimination protections to LGBTQI+ individuals based on their sexual orientation, gender identity or expression, or sex characteristics.

There was general societal discrimination against LGBTQI+ persons in access to education, health care, employment, and housing. The government made minimal efforts to address this discrimination.

Guinea

Executive Summary

Guinea was a constitutional democratic republic until September 5, when Colonel Mamadi Doumbouya and military special forces arrested President Alpha Conde and seized power through a coup d’etat. The country last held presidential elections in October 2020, electing President Conde to a controversial third term with 59.5 percent of the vote following a March 2020 referendum that amended the constitution to permit him to run. International and domestic observers raised concerns regarding widespread electoral violence, restrictions on freedom of peaceful assembly, lack of transparency in the vote tabulation, and polling station vote tally discrepancies.

The Ministry of Defense oversees the gendarmerie, and the Ministry of Security oversees the National Police. After September 5, the military junta, led by the National Committee for Reunification and Development, oversaw the entire government, while individual government ministries continued to be led by civilian appointees. The gendarmerie and National Police share responsibility for internal security, but only the gendarmerie can arrest police or military officials. The army also has some domestic security responsibilities. Until September 5, civilian authorities generally maintained effective control over the security forces. There were credible reports that members of the security forces committed numerous abuses.

On the morning of September 5, Guinean Military Special Forces Group leader Colonel Mamadi Doumbouya seized power from the government. Colonel Doumbouya declared himself head of state, dissolved the government and National Assembly, and suspended the constitution. Doumbouya announced the creation of a National Committee for Reunification and Development government comprised primarily of military officers. On September 27, Colonel Doumbouya released the Transitional Charter, which supersedes the constitution and law until a new constitution is promulgated. As of December the military government had released 364 members of the political opposition arrested by former president Conde’s administration and pardoned five others previously convicted.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government; torture or cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including violence or threats of violence against journalists, censorship, and the existence of criminal libel laws; substantial interference with the freedom of peaceful assembly; restrictions on freedom of movement and residence within the territory of a state and on the right to leave the country; serious and unreasonable restrictions on political participation; serious government corruption; lack of investigation of and accountability for gender-based violence; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; existence of laws criminalizing consensual same-sex sexual conduct between adults; and the existence of the worst forms of child labor.

Impunity for government officials remained a problem. The Conde government took minimal steps to prosecute or punish officials who committed human rights abuses or corruption.

Section 6. Discrimination and Societal Abuses

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

LGBTQI+ persons faced arbitrary arrest, violence, and harassment by security forces who accused them of disrupting the social order. LGBTQI+ persons reported being stigmatized by their families and, in many cases, forced into unwanted heterosexual marriages. They were also subject to sexual assault based on their sexual orientation.

The law criminalizes consensual same-sex sexual conduct between adults, which is punishable by three years in prison; however, there were no known prosecutions during the year. The Office for the Protection of Women, Children, and Morals (OPROGEM), a part of the Ministry of Security, includes a unit for investigating morals offenses, including same-sex sexual conduct.

Deep religious and cultural taboos exist against consensual same-sex sexual conduct. Antidiscrimination laws do not apply to LGBTQI+ persons. The Transitional Charter and existing laws do not protect the rights of LGBTQI+ persons. The Transitional Charter describes marriage and the traditional family unit as the foundation of the country’s society. LGBTQI+ persons were subject to employment and housing discrimination. There were no official or NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented survivors from reporting abuse or harassment. There were no publicly active LGBTQI+ organizations, although some public health organizations worked to raise sexual health and HIV and AIDS awareness, as well as prevent human rights abuses among vulnerable communities, including the LGBTQI+ community. An association supported by the National AIDS Control Committee and the Global Fund Works provided educational awareness on AIDS prevention and safe sexual practices and antiretroviral treatment distribution, and it advocated for the rights of vulnerable populations, including members of the LGBTQI+ community who continued to hide their status.

Guinea-Bissau

Executive Summary

Guinea-Bissau is a multiparty republic. In March 2019 the country held legislative elections, which included all 102 seats in the National Assembly. Presidential elections held in November 2019 resulted in two finalists: Domingos Simoes Pereira and Umaro Sissoco Embalo. The National Elections Commission declared Sissoco the winner of the December 2019 presidential runoff election. Sissoco assumed the presidency in February 2020, after an unofficial inauguration and transfer of power from outgoing president Jose Mario Vaz, the first president to serve out a full term. President Sissoco appointed Nuno Gomes Nabiam as prime minister. Although international observers considered elections in the 2019 cycle to be free and fair, the Sissoco government used intimidation and arbitrary arrest to consolidate its power.

National police forces maintain internal security. The Judicial Police, under the Ministry of Justice, has primary responsibility for investigating drug trafficking, terrorism, and other transnational crimes. The Public Order Police, under the Ministry of Interior, is responsible for maintenance of law and order. Other police forces include the State Information Service (intelligence), Border Police (migration and border enforcement), Rapid Intervention Police, and Maritime Police. The army is responsible for external security but also has some internal security responsibilities. The armed forces may be called upon to assist police in emergencies. Civilian authorities at times did not maintain control over the security forces. There were credible reports that members of the security forces committed some abuses in the aftermath of the 2019 elections.

Significant human rights issues included credible reports of: cases of cruel, inhuman or degrading treatment by police; harsh and life-threatening prison conditions; arbitrary arrest and detention; politically motivated reprisals against individuals in another country; serious problems with the independence of the judiciary; serious restrictions on free expression and media, including violence against journalists; serious government corruption; lack of investigation of and accountability for gender-based violence; trafficking in persons; and the worst forms of child labor.

The government had mechanisms to investigate and punish officials who committed abuses and engaged in corruption, but impunity remained a serious problem.

Section 6. Discrimination and Societal Abuses

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

No laws criminalize sexual orientation. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals. No individual cases of violence targeted toward LGBTQI+ individuals were reported.

Guyana

Executive Summary

The Cooperative Republic of Guyana is a multiparty democracy. National and regional elections took place in March 2020, and the People’s Progressive Party/Civic won both the presidency and a majority of representational seats. International and local observers considered the elections free and fair. The incumbent government at the time contested the results of the national elections, leading to a five-month electoral impasse that concluded with the swearing in of the People’s Progressive Party/Civic government on August 2, 2020.

The police commissioner heads the Guyana Police Force, which reports to the Ministry of Home Affairs and is responsible for maintaining internal security. The Guyana Defense Force is responsible for external security but also has some domestic security responsibilities. The defense force, headed by a chief of staff, falls under the purview of the Defense Board, which the president of the country chairs. Civilian authorities maintained effective control over the security forces. There were reliable reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of unlawful or arbitrary killings, including extrajudicial killings; harsh prison conditions; and laws that criminalize consensual same-sex sexual conduct between adult men.

Government officials did not enjoy impunity for human rights abuses or for corruption. There were independent and transparent procedures for handling allegations of abuses by security forces.

Section 6. Discrimination and Societal Abuses

Haiti

Executive Summary

Haiti is a constitutional republic with a multiparty political system. The most recent national legislative elections were held in November 2016; international observers considered the elections free and fair. In January 2020 the terms of the majority of parliamentarians expired due to a failure of the country to conduct elections in 2019. Only 10 elected members of 30 remained in the upper house, while the lower house had none. As a result, parliament was unable to reach a quorum and ceased to function. Nearly 400 unelected mayors served at the pleasure of the executive.

Jovenel Moise was elected as president for a five-year term and took office in February 2017. Controversy arose early in the year regarding the length of his mandate and whether it expired in February 2021 or 2022, due to ambiguities in the constitution. Despite opposition from most political actors and civil society, President Moise remained in power until his assassination on July 7. Three days before his death, Moise had named, but not yet sworn in, Ariel Henry to replace Joseph Jouthe as prime minister. On July 20, after a short power struggle, Henry became the prime minister, and on September 11, he signed a political accord with a large number of opposition parties and civil society organizations. Planned 2021 presidential and legislative elections had already suffered logistical difficulties and delays; Moise’s assassination and an ensuing lengthy process to negotiate a political accord resulted in an agreement to delay elections until 2022 or later.

The Haitian National Police, an autonomous civilian institution led by a director general under the authority of the minister of justice, is responsible for maintaining public security. The Haitian National Police includes police, corrections, fire, emergency response, airport security, port security, and coast guard functions. The Ministry of Justice and Public Security, through its minister and the secretary of state for public security, provides oversight to the Haitian National Police. The Superior Council of the National Police, chaired by the prime minister, provides strategic guidance. The Superior Council includes the director general and the chief inspector general of the Haitian National Police, the minister of the interior, and the minister of justice. Civilian authorities at times did not maintain effective control over security forces. There were credible reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of: unlawful and arbitrary killings by gangs allegedly supported by government officials and private-sector actors; torture or cruel and degrading treatment by government agents; harsh and life-threatening prison conditions; arbitrary arrest; serious problems with the independence of the judiciary; violence or threats of violence against journalists; serious government corruption; lack of investigation of and accountability for sexual and gender-based violence; crimes involving violence or threats of violence targeting persons with physical, mental, and developmental disabilities; and forced child labor.

The government rarely took steps to prosecute government and law enforcement officials accused of committing abuses and corruption, and civil society groups alleged widespread impunity regarding these acts.

Gang violence escalated throughout the country, particularly in metropolitan areas, and the gangs allegedly received support from political and economic elites. Kidnappings for ransom by armed gangs increased and affected all sections of society. Armed gangs were also responsible for armed conflicts resulting in approximately 20,000 displaced persons, for capturing up to 10 police stations and substations, and for blocking fuel supplies in October and November, bringing economic life and freedom of movement to a virtual standstill.

Section 6. Discrimination and Societal Abuses

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

There were reports that police condoned violence against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals. Some LGBTQI+ groups reported police and judicial authorities were inconsistent in their willingness to document or investigate LGBTQI+ persons’ claims of abuse.

No laws criminalize sexual orientation or consensual same-sex conduct between adults, but there are no laws to protect LGBTQI+ persons from discrimination based on sexual orientation or gender identity.

The government’s penal code reforms announced in 2020 and scheduled to enter into force in 2022, offer specific protections to LGBTQI+ persons for the first time. These include making LGBTQI+ persons a protected group and imposing penalties for public agents, persons, and institutions who refuse services on the grounds of someone’s sexual orientation. A backlash against these changes, however, led to calls for a committee to amend the code, thus stalling any government efforts to prepare for the transition. The Ministry of Justice stated that it expected a significant delay in the code’s implementation.

A 2017 study of public opinions on stigma and discrimination towards vulnerable groups showed that 71 percent of the individuals surveyed said “hate” was the most appropriate term to express their attitude toward LGBTQI+ persons, and 90 percent of the adult populations rejected the idea of equal rights for sexual minorities.

Local attitudes, particularly in Port-au-Prince, remained hostile toward LGBTQI+ persons who were public and visible about their sexual orientation or gender identity. Some politicians, social leaders, and organizations actively opposed the social integration of LGBTQI+ persons or any discussion of their rights. LGBTQI+ advocacy groups in Port-au-Prince reported a greater sense of insecurity and less trust of government authorities than did groups in rural areas.

Honduras

Executive Summary

Honduras is a constitutional, multiparty republic. The most recent national and local elections were held in November. Voters elected Xiomara Castro of the LIBRE Party as president for a four-year term scheduled to begin in January 2022. International observers generally recognized the elections as free and fair.

The Honduran National Police maintain internal security and report to the Secretariat of Security. The armed forces, which report to the Secretariat of Defense, are responsible for external security but also exercise some domestic security responsibilities in support of the national police and other civilian authorities. Some larger cities have police forces that operate independently of the national police and report to municipal authorities. The Military Police of Public Order report to military authorities but conduct operations sanctioned by civilian security officials as well as by military leaders. The National Interinstitutional Security Force coordinates the overlapping responsibilities of the national police, military police of public order, National Intelligence Directorate, and Public Ministry during interagency operations. Civilian authorities at times did not maintain effective control over security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings; torture and cases of cruel, inhuman, or degrading treatment or punishment by government agents ; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious restrictions on free expression and media, including threats to media members by criminal elements and the existence of criminal libel laws; serious government corruption; lack of investigation of and accountability for gender-based violence; and crimes involving violence or threats of violence against indigenous and Afro-descendant communities, and against lesbian, gay, bisexual, transgender, queer, and intersex persons.

The government prosecuted some officials who committed abuses, including government corruption, but a weak judicial system and corruption were major obstacles to obtaining convictions.

Organized criminal groups, including local and transnational gangs and narcotics traffickers, were significant perpetrators of violent crimes and committed acts of homicide, torture, kidnapping, extortion, human trafficking, intimidation, and other threats and violence directed against human rights defenders, judicial authorities, lawyers, business community members, journalists, bloggers, women, and other vulnerable populations. The government investigated and prosecuted some of these crimes, but impunity was widespread.

Section 6. Discrimination and Societal Abuses

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

The Cattrachas Lesbian Network reported 17 violent deaths of LGBTQI+ persons as of August. On March 28, transgender activist Vanessa Zuniga was killed in Tela, Atlantida Department. Vanessa worked as a volunteer in the Association for Prevention and Education in Health, Sexuality, AIDS, and Human Rights.

Same-sex sexual activity has been legal since 1899; however, same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. The law criminalizes discrimination based on sexual orientation and gender identity characteristics and includes crimes committed against individuals because of their sexual orientation or gender identity as aggravating circumstances to increase penalties for criminal offenses. Nevertheless, social discrimination against LGBTQI+ persons persisted, as did physical violence. Impunity for such crimes remained high, as was the impunity rate for all types of crime.

LGBTQI+ rights groups asserted that government agencies and private employers engaged in discriminatory hiring practices. Transgender women were particularly vulnerable to employment and education discrimination; many could find employment only as sex workers, increasing their vulnerability to violence and extortion. Transgender persons are prohibited from changing their legal gender status.

Hong Kong

Read A Section: Hong Kong

China | Macau | Tibet

EXECUTIVE SUMMARY

Hong Kong is a Special Administrative Region of the People’s Republic of China. The 1984 Sino-British Joint Declaration and the Basic Law of the Special Administrative Region specified that, except in matters of defense and foreign affairs, Hong Kong would have a high degree of autonomy under the “One Country, Two Systems” framework. During the year, China continued to dismantle Hong Kong’s political freedoms and autonomy in violation of these international commitments. Amendments to the Basic Law fundamentally changed Hong Kong’s electoral system to allow Beijing effectively to block participation of political groups not approved by Beijing. The Hong Kong government arrested or disqualified opposition pan-democratic politicians, blocking their participation in upcoming elections. Pro-Beijing candidates won 89 of the 90 seats in the December Legislative Council election, which was widely regarded as fundamentally flawed. The turnout rate of 30.2 percent was a record low since Hong Kong’s handover to the People’s Republic of China in 1997.

The Hong Kong Police Force maintains internal security and reports to the Security Bureau. The Security Bureau continues to report to the chief executive; however, the National Security Department of the Hong Kong Police Force, established by the National Security Law, operates under the supervision of the central government, and the National Security Law permits the embedding of mainland security personnel within the department. In addition, the National Security Law established a Committee on National Security in the Hong Kong government that reports to the central government, as well as an Office for Safeguarding National Security in Hong Kong that is staffed by members of mainland security agencies. Unaccountable under Hong Kong law, the Office allows mainland China security elements to operate openly, contradicting the spirit and practice of the Sino-British Joint Declaration and the “One Country, Two Systems” framework. It is no longer clear if Hong Kong’s civilian authorities maintain effective autonomous control over the city’s security services. Hong Kong security forces have taken actions – to include arrests against nonviolent protesters, opposition politicians, activists, journalists, union members, and others deemed by local officials to be critical of the central and Special Administrative Region governments.

Beijing undermined Hong Kong’s autonomy and eroded civil liberties and democratic institutions throughout the year. Hong Kong and Chinese authorities repeatedly threatened or arrested associations, groups, or individuals affiliated with the prodemocracy movement, undermining fundamental freedoms otherwise provided for under the Basic Law. Following accusations made by Beijing-controlled media organs, Hong Kong authorities investigated and cut government ties with these groups, in some cases freezing their assets and forcing them to cease operations. Even after threatened groups disbanded, authorities continued targeting key members for investigations and arrests. These procedures were applied to prodemocratic parties, trade unions, and professional associations, among others.

Significant human rights issues included credible reports of: arbitrary arrests and detention; political prisoners or detainees; politically motivated reprisals against individuals outside of Hong Kong; serious problems regarding the independence of the judiciary in certain areas; arbitrary interference with privacy; serious restrictions on free expression and media, including unjustified arrests or prosecutions of journalists and censorship; substantial interference with the rights of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; restrictions on the freedom of movement and on the right to leave the territory; the inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; trafficking in persons; and significant restrictions on workers’ freedom of association, including coercive actions against independent trade unions and arrests of labor union activists.

The government took few steps to identify, prosecute, and punish officials who committed human rights abuses. The government prosecuted at least one case of official corruption.

Section 6. Discrimination and Societal Abuses

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

No laws criminalize consensual same-sex sexual conduct between adults. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity. There are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) community. Lawmakers expressed both strong support for, and strong opposition to, LGBTQI+ rights. LGBTQI+ activists reported that they considered the courts to be the primary avenue to secure LGBTQI+ rights and viewed the courts as impartial in decisions on LGBTQI+ issues.

Hungary

Executive Summary

Hungary is a multiparty parliamentary democracy. The unicameral National Assembly (parliament) exercises legislative authority. It elects the president (the head of state) every five years. The president appoints a prime minister from the majority party or coalition in parliament following national elections every four years. In parliamentary elections in 2018, the Fidesz-Christian Democratic People’s Party alliance led by Fidesz party leader Viktor Orban won a two-thirds majority in parliament. The Organization for Security and Cooperation in Europe election observation mission found that “fundamental rights and freedoms were respected overall but exercised in an adverse climate.” Specifically, it characterized certain elements of the election as “at odds with the organization’s commitments” and noted, “The widespread government information campaign was largely indistinguishable from Fidesz campaigning, giving it a clear advantage.” Orban has been prime minister since 2010.

The National Police Headquarters, under the direction of the minister of interior, is responsible for maintaining order nationwide. The Counterterrorism Center is responsible for protecting the president and the prime minister and for preventing, uncovering, and detecting terrorist acts; it is directly subordinate to the minister of interior. The Hungarian Defense Forces are subordinate to the Ministry of Defense and are responsible for external security as well as aspects of domestic security and disaster response. Since 2015, under a declared state of emergency prompted by mass migration, defense forces may assist law enforcement forces in border protection and handling mass migration situations. In September the state of emergency was renewed for an additional six months. Civilian authorities maintained effective control over the security forces. There were no reports that members of the security forces committed systematic abuses, although there were unconfirmed reports that security forces assigned to the southern border abused migrants attempting to enter the country.

Significant human rights issues included credible reports of: actions that aimed to interfere with or diminish the independence of the judiciary; arbitrary or unlawful interference with privacy including targeting investigative journalists, opposition politicians, businesspersons, and other private citizens with high-tech surveillance spyware; restrictions on free expression and media, including criminal penalties for spreading a “distorted truth” or “scaremongering” or slander and libel (although court decisions limited the impact of the latter), the removal of the last major independent radio station from the airwaves, and restrictions on media content related to the “portrayal and promotion of homosexuality” and providing gender-affirming health care to minors; exposure of asylum seekers to risk of refoulement; corrupt use of state power to grant privileges to certain economic actors; political intimidation of and legal restrictions on civil society organizations, including criminal and financial penalties for migration-related work of nongovernmental organizations; and threats of violence by extremists targeting Roma and lesbian, gay, bisexual, transgender, queer, and intersex persons.

While the government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses, action against high-level, politically connected corruption was limited.

Section 6. Discrimination and Societal Abuses

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

Due to last-minute amendments submitted by Fidesz parliamentarians, on June 15 an “antipedophile” law was adopted by parliament that banned the “promotion” and “portrayal” of “gender reassignment” and homosexuality to minors in media, advertisements, and education. Notably, all programs and advertisements deemed to promote or portraying these topics must be rated as not recommended for minors (see section 2.a.). In addition the law limited sexual education in schools, stipulating that only state-registered organizations are allowed to conduct sexual education classes in schools.

In a June 22 joint statement, 17 EU countries characterized the law as a “flagrant form of discrimination based on sexual orientation.” On July 15, the European Commission launched two infringement procedures, one challenging the law, and the second focusing on Hungary’s consumer protection authority’s January decision that ordered the Labrisz Lesbian Association to place a disclaimer on its children’s book, Fairyland Belongs to Everyone, stating that the tales “depict behavior inconsistent with traditional gender roles.” According to the European Commission, this violated the authors’ and publishers’ freedom of expression and “discriminated on grounds of sexual orientation in an unjustified way.” In response, government officials claimed the Commission wanted Hungary to allow LGBTQI+ “activists” and “sexual propagandists” to be present in schools. The government argued that the law did not discriminate against anyone because it “did not affect decisions taken by adults” and that it was a measure to protect children. Human rights groups observed that the prime minister’s July 21 announcement that the country would hold a “child protection referendum” in which the public would vote on aspects of the law led to prolonged, amplified rhetoric against LGBTQI+ groups and individuals during the campaign season. On July 7, a regional government office fined the domestic bookstore chain Lira 250,000 forints ($830) for failing to indicate that a children’s book featuring families with same-sex parents contained “content which deviates from the norm” and for violating rules on unfair commercial practices.

On August 6, the government published a decree that ordered shops selling “products portraying or promoting gender deviating from sex at birth, gender change, homosexuality, or containing explicit depictions of sexuality” aimed at children to display them separately and in “closed packaging.” It also banned the public display of such products and forbade their sale within 660 yards of a school or church. The consumer protection authority was tasked with monitoring compliance of the law.

On March 12, the Constitutional Court declared that the retroactive application of provisions adopted in May 2020 banning legal gender recognition was unconstitutional and could not be applied.

On July 2-3, the Venice Commission, the Council of Europe’s body of constitutional experts, adopted its opinion on constitutional and legislative amendments. Regarding the definition of marriage and family, the Venice Commission stated there was “a real and immediate danger that the amendments would further strengthen the public attitude that nonheterosexual lifestyles are inferior” and could “further fuel a hostile and stigmatizing atmosphere against LGBTQI+ people.” The statement added that the amendment that restricted the recognition of children’s gender to their gender at birth could result in discrimination based on sexual orientation and gender identity.

The law prohibits discrimination based on sexual orientation. In addition the law prohibits certain forms of hate speech and prescribes increased punishment for violence against members of the LGBTQI+ community. Victims of discrimination had a wide choice of remedies, including a procedure by a designated government institution (office of the commissioner for fundamental rights), enforcement of personality rights via civil court procedure, and sectoral remedies in media law. Only the civil procedure allows for the awarding of pecuniary and nonpecuniary damages. The Constitutional Court also offers possibilities to challenge allegedly discriminatory legislation. As of January 1, the office of the ombudsperson assumed the tasks of the abolished Equal Treatment Authority, which, before its abolishment, had been viewed by LGBTQI+ groups as one of the few remaining public bodies that delivered decisions against discrimination based on sexual orientation and gender identity.

Iceland

Executive Summary

Iceland is a constitutional parliamentary republic. The president is the head of state, and a prime minister, usually the leader of the largest party, is head of government. There is a unicameral parliament (Althingi). Parliamentary elections held on September 25 were considered free and fair, but procedural issues in one electoral district (constituency) prompted two subnational recounts and a change in election outcome. In June 2020 voters reelected Gudni Thorlacius Johannesson president in a free and fair election.

The national police maintain internal security. In addition, the Icelandic Coast Guard carries out general law enforcement duties at sea. The national police, the nine regional police forces, and the Coast Guard fall under the purview of the Ministry of Justice. The country has no military. Civilian authorities maintained effective control over police and the Coast Guard. There were no reports of abuses committed by members of security forces.

There were no reports of significant human rights abuses.

The government had mechanisms in place to identify and punish officials who commit human rights abuses or engage in corruption.

Section 6. Discrimination and Societal Abuses

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

While the constitution does not specifically prohibit discrimination based on sexual orientation or gender identity, it does so implicitly. The law prohibits anyone from denying a person goods or services based on that person’s sexual orientation or gender identity. It also prohibits denying a person access to a public meeting place or other places open to the public on the same footing with others on grounds of that person’s sexual orientation or gender identity. The law further prohibits incitement to hatred against persons based on sexual orientation or gender identity and the dissemination of hateful material.

In January the Gender Autonomy Act (passed in 2019) went into effect. Within the first week, 12 persons registered to change their legal gender to nonbinary.

Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists reported generally positive conditions. Nevertheless, the same activists continued to note the lack of explicit protections for LGBTQI+ individuals based on sexual orientation, gender identity or expression, or sex characteristics, in hate crime laws.

India

Executive Summary

India is a multiparty, federal, parliamentary democracy with a bicameral legislature. The president, elected by an electoral college composed of the state assemblies and parliament, is the head of state, and the prime minister is the head of government. The constitution gives the country’s 28 states and nine union territories a high degree of autonomy and primary responsibility for law and order. Electors chose President Ram Nath Kovind in 2017 to serve a five-year term, and Narendra Modi became prime minister for the second time following the victory of the National Democratic Alliance coalition led by the Bharatiya Janata Party in the 2019 general election. Observers considered the parliamentary elections, which included more than 600 million voters, to be free and fair, but there were reports of isolated instances of violence.

The states and union territories have primary responsibility for maintaining law and order, with policy oversight from the central government. Police are within state jurisdiction. The Ministry of Home Affairs controls most paramilitary forces, the internal intelligence bureaus, and national law enforcement agencies, and provides training for senior officials from state police forces. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful and arbitrary killings, including extrajudicial killings by the government or its agents; torture and cases of cruel, inhuman, or degrading treatment or punishment by police and prison officials; harsh and life-threatening prison conditions; arbitrary arrest and detention by government authorities; political prisoners or detainees; arbitrary or unlawful interference with privacy; restrictions on free expression and media, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, use of criminal libel laws to prosecute social media speech; restrictions on internet freedom; overly restrictive laws on the organization, funding, or operations of nongovernmental organizations and civil society organizations; refoulement of refugees; serious government corruption; government harassment of domestic and international human rights organizations; lack of investigation of and accountability for gender-based violence; crimes involving violence and discrimination targeting members of minority groups based on religious affiliation, social status or sexual orientation or gender identity; and forced and compulsory labor, including child labor and bonded labor.

Despite government efforts to address abuses and corruption, a lack of accountability for official misconduct persisted at all levels of government, contributing to widespread impunity. Investigations and prosecutions of individual cases took place, but lax enforcement, a shortage of trained police officers, and an overburdened and underresourced court system contributed to a low number of convictions.

Terrorists in Jammu and Kashmir, northeastern states, and Maoist terrorism-affected areas committed serious abuses, including killings and torture of armed forces personnel, police, government officials, and civilians, kidnapping, and recruitment and use of child soldiers.

Section 6. Discrimination and Societal Abuses

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

NGO activists reported heightened discrimination and violence against the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community in the eastern area of the country during the COVID-19 lockdown.

LGBTQI+ persons faced physical attacks, and rape. LGBTQI+ groups reported they experienced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police officers committed crimes against LGBTQI+ persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.

In June the Madras High Court ordered the state and union governments to draw up plans for reforms that protect sexual orientation and gender identity rights. The High Court recommended awareness training for government officials and police, separate housing for gender-nonconforming and transgender persons in prison, revocation of licenses from doctors who claim “cures” for homosexuality, and gender-neutral bathrooms at school and colleges.

On June 13, the Odisha state government began recruitment for police positions of candidates who self-identified as transgender. A Bhubaneswar-based transgender activist welcomed the move as one of the several protransgender policy decisions taken by the Odisha government in recent years.

On July 6, the Karnataka state government amended its civil services rules to enable a 1 percent quota of government jobs for transgender individuals to be filled through direct recruitment.

Indonesia

Executive Summary

Indonesia is a multiparty democracy. In April 2019 Joko Widodo (popularly known as Jokowi) won a second five-year term as president. Voters also elected new members of the House of Representatives and the Regional Representative Council, as well as provincial and local legislatures. Domestic and international observers deemed the elections to be free and fair.

The Indonesian National Police is responsible for internal security and reports directly to the president. The Indonesian National Armed Forces, which also report directly to the president, are responsible for external defense and combatting separatism, and in certain conditions may provide operational support to police, such as for counterterrorism operations, maintaining public order, and addressing communal conflicts. Civilian authorities maintained control over security forces. There were credible reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by government security forces; torture by police; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners; serious problems with the independence of the judiciary; arbitrary and unlawful interference with privacy; serious abuses in the conflict in Papua and West Papua Provinces, including unlawful civilian harm, torture and physical abuses; serious restrictions on free expression and media, including unjustified arrests or prosecutions of journalists and religious figures, censorship, and the existence of criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association; serious government corruption; lack of investigation of and accountability for gender-based violence; crimes involving violence or threats of violence targeting members of racial and ethnic minority groups; crimes involving violence or threats of violence against lesbian, gay, bisexual, transgender, queer, or intersex persons; and the existence of laws criminalizing consensual same-sex sexual conduct between adults.

While the government took steps to investigate and prosecute some officials who committed human rights abuses and corruption, impunity for historic and recent serious human rights abuses and corruption remained a significant concern, especially as some of those implicated in past abuses received promotions, were given public awards and honors, and occupied senior official positions.

Armed conflict between government forces and separatist groups continued in Papua and West Papua Provinces. There were numerous reports of both sides committing abuses against civilians including killings, physical abuse, and destruction of property. The conflict caused the displacement of thousands of residents. Outside Papua and West Papua, there were numerous reports of unknown actors using digital harassment and intimidation against human rights activists and academics who criticized government officials, discussed government corruption, or covered issues related to the conflict in Papua and West Papua.

Section 6. Discrimination and Societal Abuses

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

No national law criminalizes same-sex sexual conduct, except between adults and minors. NGOs reported numerous cases of local government regulations that define same-sex sexual conduct as a form of sexual deviance. Aceh’s sharia makes consensual same-sex sexual conduct illegal and punishable by a maximum of 100 lashes, a considerable fine, or a 100-month prison term. According to Aceh’s sharia agency chief, at least four witnesses must observe individuals engaging in consensual same-sex sexual conduct for them to be charged. Local organizations held anti-LGBTQI+ protests. NGOs reported that fear of prosecution under Aceh’s sharia at times caused LGBTQI+ activists to flee the province, sometimes permanently. Producing media depicting consensual same-sex sexual conduct – vaguely and broadly defined in the law – can be prosecuted as a crime under the antipornography act. Penalties include potentially extremely large fines and imprisonment from six months to 15 years, with heavier penalties for crimes involving minors.

In August a military tribunal in North Kalimantan dismissed a soldier from service and sentenced him to seven months in prison for having same-sex intercourse. The judges stated that the soldier had violated military regulations against immorality and LGBTQI+ activities.

Antidiscrimination law does not protect LGBTQI+ individuals, and discrimination and violence against LGBTQI+ persons continued. Families often put LGBTQI+ minors into conversion therapy, confined them to their homes, or pressured them to marry persons of the opposite sex.

According to media and NGO reports, local authorities harassed transgender persons, including by forcing them to conform to cultural standards of behavior associated with their biological sex or to pay bribes following detention. In many cases, officials failed to protect LGBTQI+ persons from societal abuse. Police corruption, bias, and violence caused LGBTQI+ persons to avoid interaction with police. Officials often ignored formal complaints by victims and affected persons, including refusing to investigate bullying directed at LGBTQI+ individuals. In criminal cases with LGBTQI+ victims, police investigated the cases reasonably well, as long as the suspect was not affiliated with police. Human Rights Watch Indonesia noted anti-LGBTQI+ rhetoric in the country has increased since 2016.

In 2020 Hendrika Mayora Kelan was elected to head of the consultative body of a small village in East Nusa Tenggara Province, becoming the country’s first transgender public official.

Transgender persons faced discrimination in employment and access to public services and health care. NGOs documented government officials’ refusal to issue identity cards to transgender persons. NGOs reported that transgender individuals sometimes faced problems in getting COVID-19 vaccinations due to the lack of identity documents. The law only allows transgender individuals officially to change their gender after the completion of sex reassignment surgery. Some observers claimed the process was cumbersome and degrading because it is permissible only in certain undefined special circumstances and requires a court order declaring that the surgery is complete. In June the Ministry of Home Affairs announced that it would start providing electronic identity cards to transgender individuals; however, the name and gender on the card would remain those given at birth, absent a court order showing a change of name or gender.

LGBTQI+ NGOs operated but frequently held low-key public events because the licenses or permits required for holding registered events were difficult to obtain or they were pressured by police not to hold such events to avoid creating “social unrest.”

Iran

Executive Summary

The Islamic Republic of Iran is an authoritarian theocratic republic with a Shia Islamic political system based on velayat-e faqih (guardianship of the jurist). Shia clergy – most notably the rahbar (supreme leader) – and political leaders vetted by the clergy dominate key power structures. The supreme leader is the head of state and holds constitutional authority over the judiciary, government-run media, and other key institutions. Ayatollah Ali Khamenei has held the position since 1989. The Assembly of Experts selects and may dismiss the supreme leader. Although assembly members are nominally directly elected in popular elections, the supreme leader has indirect influence over the assembly’s membership via the Guardian Council’s vetting of candidates and control over the election process. The supreme leader appoints half of the 12-member Guardian Council, while the head of the judiciary (who is appointed by the supreme leader) appoints the other half. The supreme leader also has indirect influence over the legislative and executive branches of government. The Guardian Council vets candidates for the presidential and Islamic Consultative Assembly (parliament or majles) elections, routinely disqualifying some based on political or other considerations, and controls the election process. Neither 2021 presidential elections nor 2020 parliamentary elections were considered free and fair.

The supreme leader holds ultimate authority over all security agencies. The Ministry of Intelligence and Security and law enforcement forces under the Interior Ministry, which report to the president, and the Islamic Revolutionary Guard Corps, which reports to the supreme leader, share responsibility for law enforcement and maintaining order. The Basij, a nationwide volunteer paramilitary group, sometimes acts as an auxiliary law enforcement unit subordinate to the Revolutionary Guard. The Revolutionary Guard and the national army (artesh) provide external security. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed numerous abuses throughout the year.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by the government and its agents, most commonly executions for crimes not meeting the international legal standard of “most serious crimes” or for crimes committed by juvenile offenders, as well as after trials without due process; forced disappearance attributed to the government and its agents; torture or cruel, inhuman, or degrading treatment by the government and its agents; arbitrary arrest or detention; harsh and life-threatening prison conditions; political prisoners and detainees; politically motivated reprisals against individuals in another country, including killings, kidnappings, or violence; serious problems with independence of the judiciary, particularly the revolutionary courts; unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious abuses in a conflict, including military support for terrorist groups throughout the region, Syrian President Bashar Assad, pro-Iran Iraqi militia groups, and Yemeni Houthi rebels, all of which were credibly accused of abuses (see the Country Reports on Human Rights Practices for Syria, Iraq, and Yemen), as well as unlawful recruitment of child soldiers by government actors in Syria; severe restrictions on free expression and media, including violence, threats of violence, and unjustified arrests and prosecutions against journalists, censorship, and criminalization of libel and slander; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association; severe restrictions on religious freedom; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; serious government restrictions on or harassment of domestic or international human rights organizations; lack of meaningful investigation of and accountability for violence against women; trafficking in persons; violence against ethnic minorities; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons; criminalization of consensual same-sex sexual conduct; significant restrictions on workers’ freedom of association; and the worst forms of child labor.

The government took few steps to identify, investigate, prosecute, and punish officials who committed human rights abuses or corruption. Impunity remained pervasive throughout all levels of the government and security forces.

Section 6. Discrimination and Societal Abuses

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

The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment.  The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault.  The law does not prohibit discrimination based on sexual orientation and gender identity.

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

While few details were available for specific cases, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists expressed concern that the government executed LGBTQI+ individuals under the pretext of more severe, and possibly specious, criminal charges such as rape. Security forces harassed, arrested, and detained individuals they suspected of being LGBTQI+. In some cases security forces raided houses and monitored internet sites for information on LGBTQI+ persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian Lesbian and Transgender Network (6Rang) noted that individuals arrested under such conditions were traditionally subjected to forced anal or sodomy examinations – which the United Nations and World Health Organization stated may constitute torture – and other degrading treatment and sexual insults. Punishment for same-sex sexual activity between men was more severe than between women.

According to Amnesty International, on May 4, 20-year-old Alireza Fazeli Monfared, who identified as a nonbinary gay man, was abducted by male relatives in his hometown of Ahwaz in Khuzestan Province. The next day these men reportedly told Monfared’s mother they had killed him and dumped his body under a tree. Authorities confirmed his throat was slit and announced an investigation; however, according to Amnesty International in September, none of the suspected perpetrators had been arrested.

According to an August factsheet by CHRI, a 2020 survey by 6Rang of more than 200 individuals living in the country and identifying as LGBTQI+ found that 46 percent reported being victims of sexual violence at their school or university, 49 percent reported being victims of sexual violence by their peers, and more than 52 percent reported being victims of sexual violence in public spaces. Anonymous respondents reported being beaten, detained, and flogged by security authorities.

The government censored all materials related to LGBTQI+ status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTQI+ issues, including the censorship of Wikipedia pages defining LGBTQI+ and other related topics. There were active, unregistered LGBTQI+ NGOs and activists in the country.

In 2019 a revolutionary court sentenced Rezvaneh Mohammadi, a gender-equality activist, to five years in prison. According to CHRI, authorities arrested Mohammadi in 2018 and held her in solitary confinement for several weeks at Evin Prison, where they pressured her, including via threat of rape, to confess to receiving money to overthrow the government. Mohammadi was reportedly freed on bail.

Hate-crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes.

The law requires all male citizens older than age 18 to serve in the military but exempts gay men and transgender women, who are classified as having mental disorders. Military identity cards list the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination.

While LGBTQI+ status and conduct are criminalized, many clerics believed that LGBTQI+ persons were trapped in a body of the wrong sex, and NGOs reported that authorities pressured LGBTQI+ persons to undergo gender reassignment surgery. Reports indicated these procedures disregarded psychological and physical health and that many persons recommended for surgery did not identify as transgender but were forced to comply to avoid punishment for their LGBTQI+ identity. According to a July 2020 report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” or reparative therapies of LGBTQI+ persons continued to grow. The NGO 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTQI+ persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of persons of the opposite sex. According to 6Rang, one such institution was called the Anonymous Sex Addicts Association of Iran, with branches in 18 provinces.

Iraq

Executive Summary

Iraq is a constitutional parliamentary republic. The October 10 parliamentary elections were generally considered free and fair. The elections were observed by the European Union and domestic civil society organizations and monitored by the United Nations Assistance Mission for Iraq. Domestic and international elections observers cited procedural and transparency improvements to the electoral process over the 2018 elections. They noted, however, that violence and intimidation by paramilitary militia groups in the months ahead of the elections likely affected voters’ choice and voter turnout. The elections came because of widespread protests that began in October 2019 and led to the resignation of former prime minister Adil Abd al-Mahdi in December 2019. Parliament confirmed Prime Minister Mustafa al-Kadhimi in May 2020.

Numerous domestic security forces operate throughout the country. The Iraqi Security Forces are organized administratively within the Ministries of Interior and Defense, as well as within the quasi-ministerial Counterterrorism Service. The Ministry of Interior is responsible for domestic law enforcement and maintenance of order; it oversees the Federal Police, Provincial Police, Facilities Protection Service, Civil Defense, and Department of Border Enforcement. Energy police, under the Ministry of Oil, are responsible for protecting energy infrastructure. Conventional military forces under the Ministry of Defense also carry out counterterrorism and internal security operations in conjunction with the Ministry of Interior. The Counterterrorism Service reports directly to the prime minister and oversees the Counterterrorism Command, an organization that includes three brigades of special operations forces. The National Security Service intelligence agency reports directly to the prime minister.

The country’s regular armed forces and domestic law enforcement bodies struggled to maintain order within the country, operating in parallel with the Popular Mobilization Committee, a state-sponsored umbrella military organization composed of approximately 60 militia groups, also known as Popular Mobilization Forces. Although the Popular Mobilization Forces are part of the Iraqi Security forces and receive funding from the government’s defense budget, their operations are often outside government control and in opposition to government policies. Most popular mobilization unit members are Shia Arabs, reflecting the demographics of the country, while Sunni Arab, Yezidi, Christian, and other minority groups tended to organize their own units, generally operating within or near their home regions. All popular mobilization units officially report to the chairman of the Popular Mobilization Committee and are under the ultimate authority of the prime minister, but several units were in practice also responsive to Iran and its Islamic Revolutionary Guard Corps.

The two main Kurdish political parties, the Kurdistan Democratic Party and the Patriotic Union of Kurdistan, each maintain an independent security apparatus. Under the federal constitution, the Kurdistan Regional Government has the right to maintain internal security forces, but the Patriotic Union of Kurdistan and the Kurdistan Democratic Party separately control additional Peshmerga military units, as well as separate police forces under nominal Kurdistan Regional Government Ministry of Interior control. The constitution also allows for a centralized, separate Asayish internal security service; however, the Kurdistan Democratic Party and Patriotic Union of Kurdistan also each maintain Asayish forces. The Kurdistan Democratic Party and the Patriotic Union of Kurdistan also maintain separate intelligence services, nominally organized under the Kurdistan Region Security Council.

Federal civilian authorities did not maintain effective control over some elements of the security forces, particularly certain Iran-aligned Popular Mobilization Force units and the Popular Mobilization Committee. Poorly defined administrative boundaries and disputed territories between the Iraqi Kurdistan Region and the central government led to confusion over the jurisdiction of security forces and the courts. Members of the security forces committed numerous documented abuses.

The country experienced large-scale protests in Baghdad and several Shia-majority provinces beginning in 2019 and lasting through mid-2020, with reports of more than 500 civilians killed and 20,000 or more injured. During the year sporadic protests continued amid a campaign of targeted violence against activists. The government took minimal steps to bring to justice those responsible for the violence.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government; forced disappearances by the government; torture and cruel, inhuman, and degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest and detention; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; unlawful recruitment or use of child soldiers by the Popular Mobilization Forces; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests and prosecutions against journalists, censorship, and existence of criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association; restrictions on freedom of movement of women; forced returns of internally displaced persons to locations where they faced threats to their lives and freedom; threats of violence against internally displaced persons and returnee populations perceived to have been affiliated with ISIS; serious government corruption; lack of investigation and accountability for gender-based violence; crimes involving violence targeting members of ethnic minority groups; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; significant restrictions on worker freedom of association; and the existence of the worst forms of child labor.

The government, including the Office of the Prime Minister, took some steps to identify, investigate, and prosecute, but rarely punished, those officials responsible for perpetrating or authorizing human rights abuses. Many senior government officials and security force personnel, including the Iraqi Security Forces, Federal Police, Popular Mobilization Forces, and certain units of Kurdistan Regional Government Asayish internal security services, operated with impunity. The government took some steps to identify, investigate, prosecute, and punish officials who were involved in corruption.

Despite a reduction in numbers, ISIS continued to commit serious abuses and atrocities, including killings through suicide bombings and improvised explosive devices. The government continued investigations and prosecutions of allegations of ISIS abuses and atrocities and, in some instances, noted the conviction of suspected ISIS members under the counterterrorism law.

Section 6. Discrimination and Societal Abuses

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

The penal code criminalizes consensual same-sex conduct if those engaging in the conduct are younger than age 18, while it does not criminalize any same-sex activities among adults. Despite repeated threats and violence targeting lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals, specifically gay men, the government failed to identify, arrest, or prosecute attackers or to protect targeted individuals. Some political parties sought to justify these attacks, and investigators often refused to employ proper investigation procedures. LGBTQI+ individuals also faced intimidation, threats, violence, and discrimination, and LGBTQI+ individuals reported they could not live openly without fear of violence at the hands of family members, acquaintances, or strangers.

In June a transgender woman named Misho, also known as Shakib, disappeared in Sidakan while attempting to retrieve documents from her father to renew her passport. NGO contacts reported her father and brother killed Misho, but the KRG was still investigating the case and no arrest warrants had been issued as of December 22. Security forces launched an operation to arrest “suspected” LGBTQI+ individuals in the city of Sulaymaniyah. Operation supervisor Pshtiwan Bahadin told local media that security forces arrested those they suspected to be LGBTQI+ for immorality and used derogatory terms to describe the community. The KRG subsequently put out a statement denying that LGBTQI+ persons were targeted and stated security forces were breaking up commercial sex rings.

According to NGOs, persons in the country who experienced severe discrimination, torture, physical injury, and the threat of death based on real or perceived sexual orientation, gender identity and expression, and sex characteristics had no recourse to challenge those actions via courts or government institutions. During the year the IKR NGO Rasan faced three lawsuits, including one brought by Sulaymaniyah officials of the KRG Directorate of NGOs, which alleged Rasan violated the terms of the NGO bylaws and its registration (to work on gender-based violence and women’s matters) by providing services to and advocacy for LGBTQI+ individuals. A decision remained pending at year’s end.

Ireland

Executive Summary

Ireland is a multiparty parliamentary democracy with a directly elected president, an executive branch headed by a prime minister, and a bicameral parliament. The country held free and fair parliamentary elections in 2020 and a presidential election in 2018.

An Garda Siochana (or Garda) is the national police force and maintains internal security under the auspices of the Department of Justice. The defense forces are responsible for external security under the supervision of the Department of Defense; they are also authorized to perform certain domestic security responsibilities in support of the Garda. Civilian authorities maintained effective control over the security forces. There were no reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of trafficking in persons.

The government took steps to prosecute officials who committed human rights abuses and corruption, including in the security services and elsewhere in the government.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination based on sexual orientation in employment, goods, services, and education. The law does not include gender identity as an explicit category, but the courts have interpreted the law as prohibiting discrimination against transgender persons. The government enforced the law when violations were reported.

Israel, West Bank and Gaza

Read A Section: Israel

West Bank and Gaza

EXECUTIVE SUMMARY

Israel is a multiparty parliamentary democracy. Although it has no constitution, its parliament, the unicameral 120-member Knesset, has enacted a series of “Basic Laws” that enumerate fundamental rights. Certain fundamental laws, orders, and regulations legally depend on the existence of a “state of emergency,” which has been in effect since 1948. In 2018 the Knesset passed the “Nation-State Law,” which recognized the right to national self-determination as “unique to the Jewish people.” Under the Basic Laws, the Knesset has the power to dissolve itself and mandate elections. On March 23, the country held legislative elections after the coalition government failed to pass a budget in December 2020. It was the fourth election in two years. On June 2, Yair Lapid (Yesh Atid) and Naftali Bennett (Yamina) announced the formation of a rotational coalition government, which the Knesset approved June 13. The elections were considered free and fair.

Under the authority of the prime minister, the Israeli Security Agency is charged with combatting terrorism and espionage in Israel and the West Bank and Gaza Strip. The national police, including the border police and the immigration police, are under the authority of the Ministry of Public Security. The Israel Defense Forces are responsible for external security but also have some domestic security responsibilities and report to the Ministry of Defense. Israeli Security Agency forces operating in the West Bank fall under the Israel Defense Forces for operations and operational debriefing. Civilian authorities maintained effective control over the security services. There were credible reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings; arbitrary detention, often extraterritorial detention of Palestinians from the occupied territories in Israel; restrictions on Palestinians residing in Jerusalem including arbitrary or unlawful interference with privacy, family, and home; substantial interference with the freedom of association; arbitrary or unlawful interference with privacy; harassment of nongovernmental organizations; significant restrictions on freedom of movement within the country; violence against asylum seekers and irregular migrants; violence or threats of violence against national, racial, or ethnic minority groups; and labor rights abuses against foreign workers and Palestinians from the West Bank.

The Israeli military and civilian justice systems have on occasion found members of the security forces to have committed abuses. The government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses, engaged in corruption, or both within Israel.

This section of the report covers Israel within the 1949 Armistice Agreement lines as well as Golan Heights and East Jerusalem territories that Israel occupied during the June 1967 war and where it later extended its domestic law, jurisdiction, and administration. The United States recognized Jerusalem as the capital of Israel in 2017 and Israel’s sovereignty over the Golan Heights in 2019. Language in this report is not meant to convey a position on any final status issues to be negotiated between the parties to the conflict, including the specific boundaries of Israeli sovereignty in Jerusalem or the borders between Israel and any future Palestinian state.

Section 6. Discrimination and Societal Abuses

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

The law prohibits discrimination based on sexual orientation, including in goods, services, and employment. The government generally enforced the law, although some discrimination, including in employment and housing, persisted against LGBTQI+ persons. Intersex, transgender, and other gender diverse persons lack protections from discrimination based on gender identity, expression, and sex characteristics.

On March 23, Avi Maoz, the head of the Noam Party which ran on an anti-LGBTQI+ platform, was elected to the Knesset as a part of the Religious Zionist Party. On August 2, Maoz compared homosexuality to pedophilia. On August 4, Religious Zionist head Bezalel Smotrich stated a pride parade caused the country’s fourth wave of COVID-19. The Ministry of Education rejected his statement, and Minister of Health Nitzan Horowitz referred to the statement as a combination of ignorance, populism, frustration, and hate.

Some violent incidents against LGBTQI+ individuals during the year led to arrests and police investigations. For example, on April 4, a group of 15 youth attacked a man in Rishon LeZion after asking him if he was gay. They punched and kicked him until he was rescued by a taxi driver, who took him to his friend’s car. The group then vandalized and caused damage to the car. Police detained and released two individuals as a part of their investigation. As of the year’s end, there were no indictments in the case.

On August 8, two siblings were charged with attempted murder and conspiracy to commit murder as a part of a plea bargain after stabbing their 16-year-old brother outside an LGBTQI+ youth shelter in 2019 due to his sexual orientation. They were sentenced to 14 years’ and six years’ imprisonment, a fine, and payment of compensation to the survivor. A third individual, a friend of the siblings, was convicted of aiding and abetting the crime and sentenced to five-and-a-half years’ imprisonment, a fine, and payment of compensation to the survivor.

On August 10, the Tel Aviv District Court ordered the release of an ultra-Orthodox minor from a psychiatric ward on the grounds that his family had pushed for his forced hospitalization due to his perceived sexual orientation. The family initially argued that the minor was aggressive and threatening but during the appeal, which was submitted by the minor with the assistance of the Ministry of Justice, retracted this statement. The court ruled a major reason for the hospitalization was the clash due to the parent’s values regarding the minor’s homosexuality and added that sexual orientation does not justify forced hospitalization.

Conversion therapy took place mainly within Jewish and Muslim religious communities. The law allows for conversion therapy, but the Ministry of Health has warned the public against it, and Israeli mental health associations considered it an ethical and professional offense.

On June 29, the head of the Mitzpe Ramon local council published a letter indicating his opposition to holding the city’s first pride parade. He wrote that he did not recognize the pride flag and refused to refer to LGBTQI+ persons as a community, only as individuals who are not ordinary who should not “externalize their sexual orientation.” He speculated that the real goal of the community wasn’t to legitimize same-sex attraction but rather to “break the social solidarity while challenging norms that bring society together – religion, nationality, and family.” In place of a pride parade, the LGBTQI+ community held a demonstration in Mitzpe Ramon that was attended by hundreds.

Italy

Executive Summary

The Italian Republic is a multiparty parliamentary democracy with a bicameral parliament consisting of the Chamber of Deputies and the Senate. The constitution vests executive authority in the Council of Ministers, headed by a prime minister whose official title is president of the Council of Ministers. The president of the republic is the head of state and nominates the prime minister after consulting with political party leaders in parliament. Parliamentary elections in 2018 were considered free and fair. Members of parliament and regional representatives elect the president of the republic; the last such election was held in 2015.

The National Police and Carabinieri (gendarmerie or military police) maintain internal security. The National Police reports to the Ministry of Interior. The Carabinieri report to the Ministry of Defense but are also under the coordination of the Ministry of Interior. They are primarily a domestic police force organized along military lines, with some overseas responsibilities. The army is responsible for external security but also has specific domestic security responsibilities such as guarding public buildings. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: violence or threats of violence against journalists; criminal libel laws with penalties of up to three years in prison; denial of access to asylum; crimes, violence or threats of violence motivated by anti-Semitism; crimes involving violence and threats of violence targeting members of national, racial, and ethnic minority groups as well as lesbian, gay, bisexual, transgender, queer, or intersex persons; and labor exploitation.

The government identified, investigated, prosecuted, and punished officials who committed human rights abuses. It sometimes implemented effectively laws against official corruption.

Section 6. Discrimination and Societal Abuses

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

NGOs advocating for the rights of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons reported instances of societal violence, discrimination, and hate speech. The website Gay.it received 70 reports of discrimination against gay men between January and July compared with 64 registered in 2020.

The press reported isolated cases of violence against LGBTQI+ individuals. On May 24, a Milan court sentenced a former banker to 18 years in prison for killing a transgender escort from Brazil. When LGBTQI+ persons reported crimes, authorities consistently investigated them but in some cases failed to identify the perpetrators.

Jamaica

Executive Summary

Jamaica is a constitutional parliamentary democracy. The Jamaica Labour Party, led by Prime Minister Andrew Michael Holness, held 48 of the 63 seats in the House of Representatives. International and local election observers deemed the elections on September 3, 2020, to be transparent, free, fair, and generally peaceful.

The Ministry of National Security is the ministerial home of the Jamaica Defense Force and directs policy of the security forces. The prime minister has authority over the Jamaican Defense Board and as chairman of the board has responsibility for defense-related matters including command, discipline, and administration. He is the de facto minister of defense. The Jamaica Constabulary Force is the country’s police force. It has primary responsibility for internal security and has units for community policing, special response, intelligence gathering, and internal affairs. When the prime minister and Parliament declare a state of emergency, the Jamaica Defense Force has arrest authority and operational partnership alongside the Jamaica Constabulary Force. The Passport, Immigration, and Citizenship Agency has responsibility for migration. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful and arbitrary killings by government security forces; harsh and life-threatening conditions in prisons and detention facilities; arbitrary arrest and detention; significant government corruption; lack of investigation of and accountability for gender-based violence; and the existence of a law criminalizing consensual same-sex sexual conduct between adults, although the government did not enforce the law during the year.

The government took some steps to investigate and prosecute officials who committed human rights abuses. Nonetheless, there were credible reports that some officials alleged to have committed human rights abuses were not subject to full and swift accountability. The government did not effectively implement the law on corruption. There were numerous credible allegations of government corruption, and there were officials who sometimes engaged in corrupt practices with impunity.

Section 6. Discrimination and Societal Abuses

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

The law criminalizes consensual sexual conduct between men, with penalties of up to 10 years in prison with hard labor. Attempted sexual conduct between men is criminalized, with penalties up to seven years in prison. Physical intimacy, or the solicitation of such intimacy, between men, in public or private, is punishable by two years in prison under gross indecency laws. There is no comprehensive antidiscrimination legislation protecting the rights of LGBTQI+ persons.

The government generally only enforced the law that criminalizes same-sex sexual relations in cases of sexual assault and child molestation. The government does not provide information as to whether the government prosecuted consensual sexual conduct between men. The legal definitions of rape and buggery (anal sex) create a phenomenon where, under certain circumstances, segments of the population have unequal legal protection from sexual assault. For example, a man who sexually assaults a woman through penile penetration of the vagina is punishable by 15 years to life in prison. This same act committed through anal penetration of a woman, child, or man is punishable by only up to 10 years in prison. Local human rights advocates contended this was unequal protection under the law.

The law does not extend antidiscrimination protections based on sexual orientation, gender identity, gender expression, or sex characteristics. The Inter-American Commission on Human Rights stated the law legitimizes violence towards LGBTQI+ persons.

The NGO J-FLAG (formerly Jamaica Forum for Lesbians, All-Sexuals, and Gays) reported that it received a similar number of cases of discrimination based on sex, sexual orientation, and gender identity against LGBTQI+ individuals during the year, compared with previous years. Many of the cases reported during the year occurred in prior years. Underreporting was a problem, since many of those who made reports were reluctant to go to police due to fear of discrimination or police inaction. A local NGO reported that officials within the government, including police, had improved their response to LGBTQI+ rights violations.

Japan

Executive Summary

Japan has a parliamentary government with a constitutional monarchy. On November 10, Kishida Fumio, the new leader of the Liberal Democratic Party, was confirmed as prime minister. International observers assessed elections to the Lower House of the Diet in October, which the Liberal Democratic Party and its coalition partner, Komeito, won with an absolute majority, as free and fair. Domestic lawyers filed lawsuits seeking to nullify the results of the Lower House election in all electoral districts for alleged unconstitutional vote weight disparities (see Section 3, Elections and Political Participation).

The National Public Safety Commission, a cabinet-level entity, oversees the National Police Agency, and prefectural public safety commissions have responsibility for local police forces. Civilian authorities maintained effective control over the security forces. There were credible reports members of the security forces committed some abuses.

Significant human rights issues included credible reports of: significant barriers to accessing reproductive health; and crimes involving violence or threats of violence targeting persons with disabilities, members of national/racial/ethnic minority groups, or indigenous peoples. There were concerns that some laws and practices, if misused, could infringe on freedom of the press. A human rights concern was criminal libel laws, although there was no evidence the government abused these laws to restrict public discussion.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses or engage in corrupt practices. There were no known reports of such action during the year.

Section 6. Discrimination and Societal Abuses

Discrimination based on race, ethnicity, nationality, sexual orientation, or gender identity is not prohibited.

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

No law prohibits discrimination based on sexual orientation or gender identity, and there are no penalties associated with such discrimination. In April, however, Mie became the country’s first prefecture to implement an ordinance to prohibit forcing lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons to disclose their sexual orientation or gender identity and to ban disclosure of their sexual orientation or gender identity without their consent. The ordinance, however, has no penalties nor a remedy mechanism for abuses. LGBTQI+ advocacy organizations reported instances of discrimination, outing, bullying, harassment, and violence.

The LDP failed to advance a bill to promote greater understanding of the LGBTQI+ community due to strong opposition from influential party members to including the phrase “discrimination is unacceptable.” In May, LDP Lower House Member Yana Kazuo reportedly claimed that sexual minorities were “resisting the preservation of the species that occurs naturally in biological terms.”

All new textbooks included extensive information about LGBTQI+ and gender issues across nine subjects.

The law requires transgender persons to be without reproductive capacity, effectively requiring surgical sterilization for most persons to have their gender identity legally recognized. They also must meet additional conditions, including undergoing a psychiatric evaluation and receiving a diagnosis of “gender identity disorder,” a disorder not recognized in the International Classification of Diseases; being unmarried and older than age 20; and not having any children younger than age 20. If the conditions are met, pending approval by a family court, their gender can be recognized.

In 2019 (most recent available data), 948 individuals officially registered a new gender, the highest number since it was allowed in 2004, according to the Supreme Court. Advocates, however, continued to voice concern about discrimination and the strict conditions required for persons to change their sex in family registries.

In May the Tokyo High Court ruled that it was acceptable for the Ministry of Economy, Trade, and Industry to restrict the use of women’s bathrooms by a transgender official, overturning a lower court ruling. The official has been diagnosed with gender-identity disorder but was still registered as male in her family registry. The official also claimed the ministry told persons at her workplace about her gender-identity disorder without her approval. The court ordered the state to pay 110,000 yen ($1,010) in damages for psychological pain caused by inappropriate remarks made by the person’s superiors.

In November 2020 the Tokyo High Court dismissed an appeal for damages from the parents of a student who fell from a school building in 2015 after his classmates disclosed he was gay; however, the court ruled that revealing the student’s sexual orientation was illegal.

According to a survey of more than 10,000 LGBTQI+ individuals, 38 percent reported being sexually harassed or assaulted. One respondent, a transgender man, reported that after being sexually assaulted by a man, he was subsequently refused help by a sexual violence counseling center and turned away by police when trying to file a report. The Ministry of Justice received 15 inquiries about potential human rights abuses based on sexual orientation and gender identity in 2020, providing the inquirers with legal advice.

Stigma surrounding LGBTQI+ persons remained an impediment to self-reporting of discrimination or abuse.

There is one openly LGBTQI+ national legislator, a member of the Constitutional Democratic Party of Japan.

Jordan

Executive Summary

The Hashemite Kingdom of Jordan is a constitutional monarchy ruled by King Abdullah II bin Hussein. The constitution grants the king ultimate executive and legislative authority. The multiparty parliament consists of a 130-member popularly elected House of Representatives (Majlis al-Nuwwab) and a Senate (Majlis al-Ayan) appointed by the king. Elections for the House of Representatives occur approximately every four years and last took place in November 2020. Local nongovernmental organizations reported some COVID-19-related disruptions during the election process but assessed voting was generally free and fair.

The Public Security Directorate has responsibility for law enforcement and reports to the Ministry of Interior. The Public Security Directorate and the General Intelligence Directorate share responsibility for maintaining internal security. The General Intelligence Directorate reports directly to the king. The armed forces report administratively to the minister of defense and have a support role for internal security. There is no separate Ministry of Defense; the prime minister also serves as defense minister. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: torture or cruel, inhuman, and degrading treatment or punishment in government facilities; arbitrary arrest and detention; political prisoners or detainees; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including the existence of criminal libel laws and censorship; serious restrictions on internet freedom; substantial interference with the freedom of peaceable assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations and civil society organizations; lack of investigation of and accountability for gender-based violence, including but not limited to domestic or intimate partner violence, sexual violence, and other harmful practices; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and significant restrictions on workers’ freedom of association (such as threats against labor activists).

Government impunity for human rights abuses remained, although the government took some limited steps to investigate, prosecute, and punish officials who committed abuses. Information on the outcomes of these actions was not publicly available for all cases. The government took steps to identify, investigate, prosecute, and punish officials engaged in public corruption. A former cabinet minister and agency head were separately convicted on corruption-related offenses, but limited transparency during investigations and trials contributed to popular perceptions of impunity.

Section 6. Discrimination and Societal Abuses

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

While consensual same-sex sexual conduct among adults is not criminalized, societal discrimination against LGBTQI+ persons was prevalent. According to a security official, these relationships were largely seen as “unacceptable by Jordan’s conservative society.” LGBTQI+ persons were frequently targets of violence and abuse, including rape, with little legal recourse against perpetrators. Transgender individuals were especially vulnerable to acts of violence and sexual assault, and authorities provided them with no legal protection. Local activists reported a significant increase in the number of cases of LGBTQI+ individuals seeking support or reporting domestic violence during COVID-related lockdowns.

The law does not prohibit discrimination against LGBTQI+ individuals. LGBTQI+ community leaders reported that most LGBTQI+ individuals kept their sexual orientation or gender identity secret due to fear of societal or government discrimination. LGBTQI+ individuals reported their reluctance to engage the legal system due to fear their sexual orientation or gender identity would provoke hostile reactions from police, disadvantage them in court, or be used to shame them or their families publicly. Some LGBTQI+ individuals reported that authorities responded appropriately to reports of crime in some cases.

Authorities arrested LGBTQI+ individuals on the pretext of violating public order or public decency ordinances. LGBTQI+ citizens faced regular administrative or arbitrary detentions, harassment including informal interrogation, and monitoring from state actors. During the year authorities shut down at least two events associated with the LGBTQI+ community and arrested participants under public decency laws. Activists planned a virtual event in mid-June to discuss the rights of LGBTQI+ persons. A member of parliament declared the event contradictory to the country’s values and traditions, referred to LGBTQI+ persons using denigrating terminology, and alerted the Ministry of Interior, which subsequently shut down the virtual event. Authorities also arrested 14 individuals in July during an LGBTQI+ gathering at a private residence after monitoring their social media pages.

Members of the LGBTQI+ community confirmed they generally lacked safe spaces and reported being targeted by the police upon leaving any of the few associated with the community. In July an NGO reported police detained 30 visitors at the NGO’s center on suspicion of “Satan worship,” a justification sometimes used to harass LGBTQI+ persons, according to NGO representatives. Authorities later claimed the NGO conducted “public LGBTQI+ activities.” Police released 12 individuals within 24 hours of the incident and released the remaining 18 within days. None of the individuals were officially charged.

LGBTQI+ persons reported discrimination in housing, employment, education, and access to public services. Individuals have reported being fired from jobs or denied professional opportunities because of their LGBTQI+ identity. Some experienced extortion and threats of being fired, disinherited, disowned, arrested, or prosecuted. Several LGBTQI+ individuals found it impossible to live in the country due to their LGBTQI+ identity and therefore left the country or were in the process of doing so. Many feared for their lives or abuse at the hands of family members or authorities. Parents were customarily allowed to request informal “warrants” from security services for children, including adult-age children, to suspend their movement inside the country, prevent travel abroad, or require authorities to forcibly return them to family custody, even if family members had previously threatened that person’s life. In cosmopolitan circles, a “don’t ask, don’t tell” policy loosely allowed LGBTQI+ individuals to socialize discreetly. LGBTQI+ members of the growing working classes and refugee communities were more vulnerable to police harassment and assault with impunity than individuals who belonged to politically connected families or to tribes the authorities were hesitant to harass.

Relatively few shelters accepted LGBTQI+ cases, and the facilities and NGOs that served the community lacked sufficient funding and services.

Open discussion of LGBTQI+ individuals and topics was controversial due to a generally traditional culture among all citizens, regardless of faith. The Media Commission banned books and blocked websites containing LGBTQI+ content. Government regulations on NGO registration and foreign funding largely prevented civil society groups from working on activities with perceived links to the LGBTQI+ community.

Kazakhstan

Executive Summary

The government and constitution concentrate power in the presidency. Kassym-Jomart Tokayev became president after June 2019 elections that were marked by election-day irregularities including ballot stuffing and falsification of vote counts, according to an observation mission by the Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights. Former president Nursultan Nazarbayev enjoys broad, lifetime, legal authority over a range of government functions in his constitutional role as the First President. The executive branch controls the legislature and the judiciary, as well as regional and local governments. Changes or amendments to the constitution require presidential consent. On January 10, the country held elections for its lower house of parliament, the Mazhilis. Independent observers, including the Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights, stated that the elections lacked genuine competition and transparency.

The Ministry of Internal Affairs supervises the national police force, which has primary responsibility for internal security. The Committee for National Security oversees internal and border security, as well as national security, antiterrorism efforts, and the investigation and interdiction of illegal or unregistered groups such as extremist groups, military groups, political parties, religious groups, and trade unions. The committee reports directly to the president, and its chairman sits on the Security Council, chaired by First President Nazarbayev. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killing by or on behalf of the government; torture by and on behalf of the government; arbitrary detention; political prisoners; serious problems with the independence of the judiciary; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including violence or threats of violence against journalists; serious restrictions on internet freedom; substantial interference with the rights of peaceful assembly and freedom of association; serious and unreasonable restrictions on political participation; serious government corruption; and significant restrictions on workers’ freedom of association.

The government selectively prosecuted officials who committed abuses, especially in high-profile corruption cases. Nonetheless, corruption remained widespread, and impunity existed for many in positions of authority as well as for members of law enforcement agencies.

Section 6. Discrimination and Societal Abuses

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

There were reports of anti-LGBTQI+ violence, but there were no government statistics on discrimination or violence based on sexual orientation or gender identity. The most frequent forms of abuse were verbal insults, harassment, interference in private life, and physical assaults. Activists reported that beating, extortion, and harassment of LGBTQI+ individuals were not uncommon, although typically unreported.

Prosecutions of anti-LGBTQI+ violence were rare. NGOs reported members of the LGBTQI+ community seldom turned to law enforcement agencies to report violence against them because they feared hostility, ridicule, and further violence. They were reluctant to use mechanisms such as the national commissioner for human rights to seek remedies for harms inflicted because they did not trust these mechanisms to safeguard their identities, especially regarding employment.

On May 29 and July 29, training events related to LGBTQI+ rights conducted by the NGO Feminita were disrupted by aggressive groups of men in Shymkent and Karaganda, respectively. In both cases police removed the activists from their rented private meeting space, ostensibly to protect them from further violence. Feminita posted a video on social media of police pulling one Feminita member by the hair into an unmarked police car in Skymkent. In both cases Feminita activists reported that police treated them not as victims but as criminal suspects. No members of the mob that disrupted the training sessions were arrested or charged in either city.

Human rights activists reported that the COVID-19 pandemic situation also impacted LGBTQI+ communities negatively. At home more often due to public health restrictions, LGBTQI+ persons often endured stress and abuse from family members who disapproved of their status. Transgender persons were vulnerable to abuse during security checks by police patrols due to their lack of appropriate identification. Transgender persons were among the first whom employers dismissed from jobs because they often worked without official contracts. Due to their lack of appropriate documentation and contracts, transgender persons were often not eligible for relief programs offered by the government to support needy individuals.

Although a process for gender reassignment exists, the law requires a transgender person to fulfill psychiatric and physical requirements (such as undergoing gender reassignment surgery) before being able to receive identity documents that align with the person’s outward gender. Many individuals lived with nonconforming documents for years and reported problems with securing employment, housing, and health care. The law includes behavioral disorders as reasons for denial of gender reassignment, which expanded the categories of persons who could be denied such treatments.

Kenya

Executive Summary

Kenya is a republic with three branches of government: an executive branch, led by a directly elected president; a bicameral parliament consisting of the Senate and National Assembly; and a judiciary. In the 2017 general elections, the second under the 2010 constitution, citizens cast ballots for president, deputy president, and parliamentarians, as well as county governors and legislators. International and domestic observers judged the elections generally credible, although some civil society groups and the opposition alleged there were irregularities. The Independent Electoral and Boundaries Commission declared Jubilee Coalition Party candidate Uhuru Kenyatta had won re-election as president over opposition candidate Raila Odinga. The Supreme Court subsequently annulled the results for president and deputy president, citing irregularities, and the court ordered a new vote for president and deputy president that the opposition boycotted. The Independent Electoral and Boundaries Commission declared President Kenyatta winner of the new vote, and the Supreme Court upheld the results.

The National Police Service maintains internal security and reports to the Ministry of Interior and Coordination of National Government. The National Intelligence Service collects intelligence both internally and externally and reports directly to the president. The Kenya Defense Forces report to the Ministry of Defense and are responsible for external security but have some domestic security responsibilities, including border security and supporting civilian organizations in the maintenance of order, including post disaster response. Civilian authorities at times did not maintain effective control over the security forces. There were credible reports that members of the security forces committed numerous abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings by the government or on behalf of the government and by the terrorist group al-Shabaab; forced disappearances by the government or on behalf of the government and by al-Shabaab; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest and detention; arbitrary interference with privacy; restrictions on free expression and media, including violence or threats of violence against journalists and censorship; substantial interference with the freedom of peaceful assembly and freedom of association, including harassment of nongovernmental organizations and activists; serious government corruption; lack of investigation of and accountability for gender-based violence; and the existence and use of laws criminalizing consensual same-sex sexual conduct between adults.

Impunity at all levels of government continued to be a serious problem. The governmental Independent Policing Oversight Authority, established to provide civilian oversight of police, investigated numerous cases of misconduct. The government took limited and uneven steps to address cases of alleged unlawful killings by security force members, although the Independent Policing Oversight Authority continued to refer cases of police misconduct to the Office of the Director of Public Prosecutions for prosecution. Impunity in cases of alleged corruption was also common.

Al-Shabaab staged deadly attacks on isolated communities along the border with Somalia, targeting both security forces and civilians. The government continued to prioritize investigations and prosecutions of terrorist activities. Human rights groups alleged security forces committed abuses, including extrajudicial killings, while conducting counterterrorism operations.

Section 6. Discrimination and Societal Abuses

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

The penal code criminalizes “carnal knowledge against the order of nature,” which was interpreted to prohibit consensual same-sex sexual conduct and specifies a maximum penalty of 14 years’ imprisonment if convicted, and seven years for “attempting” said conduct. The law also criminalizes acts of “gross indecency” between men, whether in public or in private, with five years’ imprisonment. Police detained persons under these laws, particularly persons suspected of prostitution, but released them shortly afterward.

In 2016 LGBTQI+ activists filed two petitions challenging the constitutionality of these penal codes. In 2019 the High Court issued a unanimous ruling upholding the laws criminalizing homosexuality, citing insufficient evidence they violate LGBTQI+ rights and claiming repealing the law would contradict the constitution that stipulates marriage is between a man and woman. The LGBTQI+ community filed an appeal against this ruling and received favorable decisions on a handful of procedural matters but was awaiting a substantive hearing at year’s end. After filing this case, the LGBTQI+ community experienced increased ostracism and harassment, according to activist groups.

LGBTQI+ organizations reported police more frequently used public-order laws (for example, disturbing the peace) than same-sex legislation to arrest LGBTQI+ individuals. NGOs reported police frequently harassed, intimidated, or physically abused LGBTQI+ individuals in custody. They also reported police threatened homosexual men with forced anal examinations while in custody, which were outlawed in 2018.

Authorities permitted LGBTQI+ advocacy organizations to register and conduct activities.

The constitution does not explicitly protect LGBTQI+ persons from discrimination based on sexual orientation or gender identity. Violence and discrimination against LGBTQI+ individuals were widespread. LGBTQI+ rights organizations reported an increase in conversion therapy and practices. It attributed this increase to the fact many LGBTQI+ persons had returned to hostile home and community environments after losing their jobs because of the economic downturn caused by the COVID-19 pandemic. Some LGBTQI+ groups also reported an increase in abuses cases against LGBTQI+ persons during the pandemic. They attributed this rise to increased scrutiny of LGBTQI+ persons’ lifestyles because of COVID-19-related lockdown and curfew orders. In May human rights defender and HAPA Kenya paralegal Joash Mosoti was allegedly tortured and killed at his home in Mombasa.

In September the Kenya Film Classification Board banned the film I am Samuel for attempting to “promote same-sex marriage agenda as an acceptable way of life.” The board claimed the film violated Article 165 of the penal code, which outlaws homosexuality, as well as provisions of the Films and Stage Plays Act.

Although the country grants refugee status to persons whose persecution is due to sexual orientation or gender expression, some LGBTQI+ refugees continued to face stigma and discrimination. They were often compelled to hide their sexual orientation or gender identity to protect themselves, especially among Somali refugee communities in Dadaab. National organizations working with LGBTQI+ persons offered support to refugees who were LGBTQI+, including access to safety networks and specialized health facilities.

There were approximately 1,000 LGBTQI+ refugees in the country, including approximately 300 in Kakuma, where there were reports of violence and intimidation against LGBTQI+ refugees during the year. An arson attack by unknown perpetrators in March led to the death of one LGBTQI+ refugee in April. UNHCR and NGO partners provided medical and other assistance for LGBTQI+ refugees when necessary, but legal accountability for perpetrators was lacking. In March UNHCR released a statement outlining efforts in collaboration with police and the Refugee Affairs Secretariat to enhance security for LGBTQI+ refugees, including the relocation of some particularly vulnerable individuals.

Kiribati

Executive Summary

Kiribati is a constitutional multiparty republic. The president exercises executive authority. Following legislative elections, the House of Assembly nominates three or four presidential candidates from among its members, and the public then elects the president for a four-year term. Citizens re-elected Taneti Maamau president in two-stage parliamentary and presidential elections in June 2020. Observers considered the elections to be free and fair, despite allegations of corruption and foreign influence throughout election campaigning.

The Police and Prisons Service, under the Ministry of Justice, maintains internal security. The country has no military force. Civilian authorities maintained effective control over police. Members of the security forces were not reported to have committed abuses.

Significant human rights issues included credible reports of: criminalization of consensual sexual activity between men, although the law was not enforced, and child labor.

The government took steps to investigate officials who committed human rights abuses, and impunity was not a problem. The government did not implement effectively the law criminalizing official corruption.

Section 6. Discrimination and Societal Abuses

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

Consensual sexual conduct between men is illegal, with penalties from five to 14 years’ imprisonment depending on the nature of the offense, but there have been no reports of prosecutions under these provisions for many years. No law specifically prohibits discrimination based on sexual orientation or gender identity in housing, employment, nationality laws, or access to government services such as health care.

There were no reports of investigations into violence and abuse against persons based on sexual orientation or gender identity, but social stigma and the inaccessibility of government services may prevent reporting of incidents of discrimination or violence based on sexual orientation or gender identity.

Kosovo

Executive Summary

Kosovo is a parliamentary democracy. The constitution and laws provide for an elected unicameral parliament (the Assembly), which in turn elects a president and approves the president’s nomination of a prime minister in consultation with the leading party. In February extraordinary parliamentary elections took place after the Constitutional Court ruled that the establishment of the government led by then prime minister Avdullah Hoti was illegitimate because the decisive vote cast was made by a parliamentarian whose mandate was rescinded. The electoral process was largely considered free and fair by independent observers. In March the Assembly constituted itself and elected a new government with Albin Kurti as prime minister. In April the Assembly elected Vjosa Osmani as president.

Security forces include the Kosovo Police and the Kosovo Security Force, which respectively report to the Ministry of Internal Affairs and the Ministry of Defense. Civilian authorities maintained effective control of security forces. There were credible reports that members of the security forces committed some abuses, including alleged use of excessive force and mistreatment of prisoners by police. Those involving Kosovo Police were reported to the Police Inspectorate of Kosovo, the investigating authority for police criminal acts and inspections of police processes. The government continued the process of gradually and transparently transitioning the Kosovo Security Force into a multiethnic territorial defense force, in accordance with a 10-year plan which began in 2019. The Border Police, a department of the Kosovo Police, are responsible for security at the border. Police maintain internal security, with the EU Rule of Law mission in the country as a second responder. The NATO-led Kosovo Force, an international peacekeeping force, is a third responder. NATO’s Kosovo Force is responsible for providing a safe and secure environment and ensuring freedom of movement for all citizens. As of July the Kosovo Force mission had approximately 3,800 troops from 28 countries.

Significant human rights issues included credible reports of: serious restrictions on free expression and media, including violence or threats of violence against journalists; serious government corruption and impunity; and crimes involving violence or threats of violence targeting ethnic minorities or other marginalized communities.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses, but at times lacked consistency. Many in the government, the opposition, civil society, and the media reported instances of senior officials engaging in corruption or acting with impunity. The government sometimes suspended, removed offenders from office, or transferred the accused, and the justice sector sometimes took steps to prosecute and punish those officials who committed abuses, offenses, and crimes. Many corrupt officials, however, continued to occupy public sector positions.

Section 6. Discrimination and Societal Abuses

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

The constitution and law prohibit discrimination based on sexual orientation and gender identity in the “public and private spheres of social life, including political and public life, employment, education, health, economy, social benefits, sports, culture and other areas.” When the motivation for a crime is based on gender, sexual orientation, or perceived affinity of the victim with persons who are targets of such hostility, the law considers motivation to be an aggravating circumstance.

According to human rights NGOs, the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community faced overt discrimination in employment, housing, determination of statelessness, and access to education and health care.

The NGO Center for Equality and Liberty reported that societal pressure persuaded most LGBTQI+ persons to conceal their sexual orientation or gender identity. The center also noted increased homophobic public reactions in social media since the introduction of country-wide measures against the COVID-19 pandemic.

During the year, three cases of violence targeting LGBTQI+ were reported to the Kosovo Police and subsequently referred to the Prosecutor’s Office. Two were registered as incitement of hatred, discord, and intolerance based on religious, racial, or ethnic grounds, and one was registered as an incitement of threat. In May an unidentified individual threatened the life of LGBTQI+ activist Lend Mustafa in Pristina’s main square. Mustafa reported the unknown individual spat at him and shouted threats to kill him. Although police initiated an investigation, no charges had been filed as of December.

Police were inclusive and accepting of LGBTQI+ and other minority communities in their public messaging, and senior police officials participated in the annual pride parade. Pristina municipality established a drop-in center in 2020 and allocated funding for construction of the first-ever shelter for at-risk LGBTQI+ persons during the year.

In 2019 the appeals court upheld a basic court ruling permitting the change of the sex marker on identity documents from female to male for a citizen living abroad. In total, two citizens have changed their identity documents following lengthy court procedures, while four citizens’ requests for change of identity documents have not been resolved. The government requires transgender persons to undergo mandatory sterilization before changing their gender marker.

Kuwait

Executive Summary

Kuwait is a constitutional, hereditary emirate ruled by the al-Sabah family. While there is also a democratically elected parliament, the amir holds ultimate authority over most government decisions. The most recent parliamentary general election, considered generally free and fair, was held in December 2020. Members of the opposition won a majority of seats while no women candidates won a seat.

Police have sole responsibility for the enforcement of laws not related to national security, while the Kuwait State Security oversees national security matters. Both police and Kuwait State Security personnel report to the Ministry of Interior, as does the Coast Guard. The Kuwait National Guard is independent of the Ministry of Interior and the Ministry of Defense. The Kuwait National Guard reports to the prime minister and the amir. The Kuwait National Guard is responsible for critical infrastructure protection, support for the Ministries of Interior and Defense, and the maintenance of national readiness. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: torture or cruel, inhuman, or degrading treatment or punishment by government agents; arbitrary arrest; political prisoners; serious restrictions on free expression and media, including censorship and the existence of criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of NGOs and civil society organizations; restrictions on freedom of movement including the right to leave the country; government corruption; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; and the existence and use of laws criminalizing consensual same-sex sexual conduct between adults.

The government took significant steps in some cases to prosecute and punish officials who committed abuses, whether in the security services or elsewhere in the government. Impunity was a problem in corruption cases.

Section 6. Discrimination and Societal Abuses

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

Police incited, perpetrated, condoned, and tolerated violence against LGBTQI+ individuals. Transgender persons reported cases of repeated harassment, detention, abuse, and rape by police, who blackmailed and raped them without fear of reprisal. Consensual same-sex sexual conduct between men and imitating the appearance of a member of the opposite sex are illegal. The law criminalizes consensual same-sex sexual activity between men older than age 21 with imprisonment of up of to seven years; those engaging in consensual same-sex sexual activity with men younger than age 21 may be imprisoned for up to 10 years. No laws criminalize same-sex sexual activity between women. The law criminalizes and imposes a fine and imprisonment for one-to-three years for persons imitating the appearance of the opposite sex in public. These penalties were enforced.

The Criminal Court sentenced a transgender woman, Maha al-Mutairi, to prison for two years and fined her 1,000 dinars ($3,315) in October for “imitating the opposite sex” in her online activities and for “misusing phone communication.” In June 2020 al-Mutairi asserted on social media that she was targeted by police based on her gender identity and she was sexually assaulted and raped by police officers. Authorities held al-Mutairi in solitary confinement at the central prison for men. In late November the Court of Appeals issued an amended verdict sentencing al-Mutairi to one month in prison and a fine of approximately 500 dinars ($1,650). Since al-Mutairi had been imprisoned since October, she was released for completing the one-month sentence in late November. Societal discrimination and harassment based on sexual orientation and gender identity occurred. Officials practiced such discrimination, usually upon discovering that a person stopped for a traffic violation did not appear to be the gender indicated on the identification card.

No registered NGOs focused on LGBTQI+ matters, although unregistered ones existed. Due to social convention and potential repression, LGBTQI+ organizations neither operated openly nor held LGBTQI+ human rights advocacy events or Pride marches.

Kyrgyzstan

Executive Summary

The Kyrgyz Republic adopted a presidential system of government by referendum on January 10, replacing the prior parliamentary form of government. President Sadyr Japarov, who had been serving as interim president since October 2020 following political upheaval that resulted in the annulment of parliamentary elections and the forced resignation of his predecessor, was elected on January 10 in elections considered generally free and well organized.

The investigation of general and local crimes falls under the authority of the Ministry of Internal Affairs, while certain crimes such as terrorism and corruption fall under the authority of the State Committee for National Security, which also controls the presidential security service. The Prosecutor General’s Office prosecutes both local and national crimes. Law enforcement is under the authority of the Ministry of Internal Affairs, which falls under presidential jurisdiction. Civilian authorities at times did not maintain effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: an arbitrary killing by police; a high-profile disappearance; use of torture by law enforcement and security services; harsh and life-threatening prison conditions; arbitrary arrest; serious problems with the independence of the judiciary; arbitrary interference with privacy; serious restrictions on free expression and media, including violence and threats of violence against journalists and censorship; serious restrictions on internet freedom; interference with freedom of association including overly restrictive laws on the funding and operation of NGOs and civil society organizations; serious acts of government corruption; lack of investigation of and accountability for gender-based violence; crimes involving violence or threats of violence targeting members of minority groups and lesbian, gay, bisexual, transgender, queer, and intersex persons; and the existence of the worst forms of child labor.

While the government took steps to investigate and prosecute or punish officials known to have committed human rights abuses or those involved in corrupt activities, official impunity remained a problem.

Section 6. Discrimination and Societal Abuses

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

The country does not criminalize consensual same-sex sexual conduct between adults or speech that supports LGBTQI+ issues. LGBTQI+ persons whose sexual orientation or gender identity was publicly known risked physical and verbal abuse, possible loss of employment, and unwanted attention from police and other authorities. Inmates and officials often openly victimized incarcerated gay men. Forced marriages of lesbians and bisexual women to men also occurred. The Labrys Public Foundation noted the continued practice of “corrective rape” of lesbians to “cure” their LGBTQI+ status. LGBTQI+ NGOs reported harassment and continuing surveillance of their workers and offices by security services. One LGBTQI+ NGO reported an office break-in. The same NGO reported that the personal information of its staff, including sexual orientation and gender identity, was published.

In 2014 HRW released a report based on interviews with 40 LGBTQI+ persons chronicling instances of official extortion, beatings, and sexual assault. The report described in detail how police patrolling parks and bars frequented by gay men would threaten them with violence and arrest or threaten to reveal their homosexuality to their families if they did not pay bribes. These practices, according to representatives of the LGBTQI+ community, continued during the year. NGO leaders in the southern part of the country reported an even greater threat. During the year members of the LGBTQI+ community reported that authorities regularly monitored chatrooms and dating sites to punish and extort those who were seeking homosexual sex through online venues.

A LGBTQI+ NGO reported that the parents of a bisexual 19-year-old girl attempted to force her to marry a man and held her against her will when she refused. She managed to escape and went to a shelter, but her parents reported her missing to the police and the police returned her to her parents.

Laos

Executive Summary

The Lao People’s Democratic Republic is an authoritarian centralized one-party state ruled by its only constitutionally authorized party, the Lao People’s Revolutionary Party. The National Assembly elections, held February 21, were not free and fair. The ruling party selected all candidates and voting was mandatory for all citizens. On March 22, the National Assembly approved Phankham Viphavan as prime minister.

The Ministry of Public Security maintains internal security and is responsible for law enforcement; the ministry oversees local, traffic, immigration, and security police, village police auxiliaries, and other armed police units. The armed forces, under the Ministry of Defense, also have some domestic security responsibilities, including counterterrorism, counterinsurgency, and border security. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: arbitrary killings by government soldiers; arbitrary detention; political prisoners; serious restrictions on free expression and media, including censorship and criminal defamation laws; substantial interference with the freedom of peaceful assembly and freedom of association; inability of citizens to change their government peacefully through free and fair elections; serious restrictions on political participation; and serious government corruption.

While the government prosecuted and punished officials for corruption, there were no prosecutions or punishments for officials who committed other abuses, and police and security forces committed human rights abuses with impunity.

Section 6. Discrimination and Societal Abuses

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

No law prohibits discrimination based on sexual orientation or gender identity in housing, employment, or government services. There were no official reports of discrimination, but observers said societal stigma and concern about repercussions led some to withhold reporting incidents of abuse.

There were no legal impediments to organized lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) groups or activities, but local activists reported they did not attempt to hold activities they believed the government would deem sensitive or controversial.

Some societal discrimination in employment and housing reportedly persisted; there were no government efforts to address it. Local activists explained that most openly LGBTQI+ persons did not attempt to apply for government or high-level private-sector jobs because there was tacit recognition that employers would not hire them. LGBTQI+ advocates said that while the country still had a conservative and traditional society, gay and lesbian persons were becoming more integrated, although the transgender population continued to face high levels of societal stigma and discrimination.

Latvia

Executive Summary

The Republic of Latvia is a multiparty parliamentary democracy. A unicameral parliament (Saeima) exercises legislative authority. Observers considered the elections in 2018 for the 100-seat parliament to be free and fair.

The State Police and municipal police forces share responsibility for maintaining internal security. The State Border Guard, the armed forces, the Defense Intelligence and Security Service, the Constitution Protection Bureau, the State Security Service, and the National Guard are responsible for external security but also have some domestic security responsibilities. The State Police, State Security Service, and State Border Guards are subordinate to the Ministry of Interior. Municipal police are under local government control. The armed forces, the Defense Intelligence and Security Service, the Constitution Protection Bureau, and the National Guard are subordinate to the Ministry of Defense. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

There were no reports of significant human rights abuses.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses or engage in corruption.

Section 6. Discrimination and Societal Abuses

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

NGOs stated that instances of violence and other abuses based on sexual orientation or gender identity tended to be underreported, and that they observed a rise in online hate speech against the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community during the COVID-19 pandemic. ECRI noted in 2019 that the government did not collect data regarding sexual orientation and gender identity and thus could not accurately assess the magnitude of the problem or need for specialized services. Through August the ombudsman received four complaints regarding discrimination based on sexual orientation.

NGOs reported widespread stigmatization of, intolerance of, and discrimination against LGBTQI+ persons. NGOs reported an improved relationship with the Ministry of Interior given the new focus on countering anti-LGBTQI+ discrimination following the ministry’s leadership change. They reported improvements in cooperation both with the ombudsman and the State Police since police established a specific point of contact within the department for NGOs seeking urgent assistance.

The law requires transgender persons to be sterilized before their gender identity is legally recognized.

The law prohibits discrimination based on sexual orientation or gender identity. Authorities generally enforced the law. NGOs expressed concern regarding the lack of explicit protection in the law against incitement to hatred and violence on grounds of sexual orientation and gender identity.

On April 9, the Constitutional Court abolished the rule that requires a partner in a same-sex family to pay a higher state fee for the inheritance of their deceased partner’s estate than heterosexual spouses.

On December 10, the Supreme Court overturned an administrative court’s refusal of a same-sex couple’s application for “family” benefits and ordered a retrial to establish whether denying the couple familial status violated their rights under Article 110 of the constitution, which says that the state “shall protect and support…the family, the rights of the parents, and the rights of the child.” The ruling created a new possibility for same-sex partners to receive social services and economic benefits as a family through a court decision rather than by legislation.

Lebanon

Executive Summary

Lebanon is a parliamentary republic based on the 1943 National Pact, which apportions governmental authority among a Maronite Christian president, a Shia speaker of the Chamber of Deputies (parliament), and a Sunni prime minister. The law officially recognizes 18 religious sects or confessions. In 2016 parliament elected Michel Aoun to the presidency, ending more than two years of political deadlock. Following the 2017 passage of a new electoral law, the government held parliamentary elections in 2018, after parliament had extended its legal term three times between 2013 and 2017. The elections were peaceful and considered generally free and fair. In October 2020 former prime minister Saad Hariri was designated to form a new cabinet following the resignation of Hassan Diab, becoming the third prime minister-designate since his own resignation in October 2019. Hariri resigned on July 15. Former prime minister Najib Mikati was designated on July 26 to replace him; Mikati formed a cabinet on September 10.

The Internal Security Forces, under the Ministry of Interior, are responsible for law enforcement. The Directorate of General Security, also under the Ministry of Interior, is responsible for border control but also exercises some domestic security responsibilities. The Lebanese Armed Forces, under the Ministry of Defense, are responsible for external security but are authorized to arrest and detain suspects on national security grounds. In recent years the Lebanese Armed Forces also have arrested alleged drug traffickers, managed protests, enforced building codes related to refugee shelters, and intervened to prevent violence between rival political factions. The General Directorate of State Security, reporting to the prime minister through the Higher Defense Council, is responsible for investigating espionage and other national security matters. The Parliamentary Police Force reports to the speaker of parliament and is tasked with protecting parliament premises, as well as the speaker’s residence. Both the Internal Security Forces and the Lebanese Armed Forces provide units to the Parliamentary Police Force. Civilian authorities maintained control over the government’s armed forces and other security forces, although Palestinian security and militia forces, designated foreign terrorist organization Hizballah, and other extremist elements operated outside the direction or control of government officials. Members of security forces committed some abuses.

The Syrian conflict affected the country economically and socially. Over the past 10 years, the conflict has generated an influx of more than one million Syrian refugees and further strained the country’s already weak infrastructure and ability to deliver social services.

Significant human rights issues included credible reports of: serious political interference with the judiciary; serious restrictions on free expression and media, including violence, threats of violence or unjustified arrests or prosecutions against journalists, censorship, and the existence of laws criminalizing libel; serious restrictions on internet freedom; refoulement of refugees to a country where they would face a threat to their life or freedom; serious high-level and widespread official corruption; existence or use of laws criminalizing consensual same-sex sexual conduct between adults; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and the existence of the worst forms of child labor.

Although the legal structure provides for prosecution and punishment of officials who committed human rights abuses and corruption, enforcement remained a problem, and government officials enjoyed a measure of impunity for human rights abuses, including evading or influencing judicial processes. The country suffered from endemic corruption.

Section 6. Discrimination and Societal Abuses

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

The law prohibits “sexual intercourse against nature” and effectively criminalizes consensual same-sex sexual conduct between adults. Due to recent legal decisions, some government and judicial officials, along with NGOs and legal experts, question whether same-sex sexual conduct actually fits that legal definition. The law was occasionally enforced in civilian and military courts, and it carries a penalty of up to one year in prison.

No provisions of law provide antidiscrimination protections to LGBTQI+ persons based on their sexual orientation, gender identity or expression, or sex characteristics. NGOs continued to report employment discrimination faced by transgender women due to the inconsistency between official documentation and gender self-presentation.

NGOs stated that official and societal discrimination against LGBTQI+ persons persisted. Observers received reports from LGBTQI+ refugees of physical abuse by local gangs, which the victims did not report to the ISF. Observers referred victims to UNHCR-sponsored protective services.

During the COVID-19 pandemic, NGOs noted that the government-enforced lockdown posed increased risks to the LGBTQI+ community, which depended on community centers, tight social networks, and NGOs for emotional and financial support. NGOs also reported that the August 2020 Beirut port explosion destroyed areas frequented and inhabited by LGBTQI+ members, which severely impacted their livelihoods and well-being.

The DGS continued to maintain a travel ban on foreign attendees of the Networking, Exchange, Development, Wellness, and Achievement (NEDWA) sexual health conference, which was organized by LGBTQI+ rights NGO Arab Foundation for Freedoms and Equality (AFE). Starting in 2019 this conference was relocated outside of the country due to security concerns following DGS and other agencies’ threats to expose attendees from LGBTQI+-hostile countries to their governments.

The government did not collect information on official or private discrimination in employment, occupation, housing, statelessness, or lack of access to education or health care based on sexual orientation or gender identity. Individuals who faced problems were reluctant to report incidents due to fear of additional discrimination or reprisal. There were no government efforts to address potential discrimination.

Lesotho

Executive Summary

Lesotho is a constitutional monarchy with a democratic parliamentary government. Under the constitution the king is head of state but does not actively participate in political activities. The prime minister is head of government and has executive authority. In 2017 then prime minister Pakalitha Mosisili of the Democratic Congress Party lost a vote of no confidence and the snap election that followed. All major parties accepted the outcome, and Motsoahae Thomas Thabane of the All-Basotho Convention party formed a coalition government and became prime minister. Mosisili transferred power peacefully to Thabane, and Mathibeli Mokhothu assumed leadership of the opposition. Local and international observers assessed the election as peaceful, credible, and transparent. In May 2020 Thabane’s coalition government collapsed, and the All-Basotho Convention party and the Democratic Congress Party formed a new coalition government. Former finance minister Moeketsi Majoro replaced Thabane as prime minister.

The security forces consist of the Lesotho Defense Force, Lesotho Mounted Police Service, National Security Service, and Lesotho Correctional Service. The Lesotho Mounted Police Service is responsible for internal security. The Lesotho Defense Force maintains external security and shares some domestic security responsibilities with police and the National Security Service. The National Security Service is an intelligence service that provides information on possible threats to internal and external security. The Lesotho Mounted Police Service reports to the minister of police and public safety; the Lesotho Defense Force and National Security Service to the minister of defense; and the Lesotho Correctional Service to the minister of justice and law. Civilian authorities generally maintained effective control over the security forces. There were credible reports that members of the Lesotho Mounted Police Service and Lesotho Defense Force committed some human rights abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings; torture and cases of cruel, inhuman, or degrading treatment or punishment; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious government corruption; lack of investigation of and accountability for gender-based violence, including but not limited to domestic or intimate partner violence, sexual violence, child, early and forced marriage, and other harmful practices; trafficking in persons; and the existence of laws criminalizing consensual same-sex sexual conduct between adults, although not enforced.

While impunity was a problem, the government had mechanisms in place to identify and punish officials who may have committed human rights abuses and corruption.

Section 6. Discrimination and Societal Abuses

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

By law, “any person charged with sodomy or assault with intent to commit sodomy may be found guilty of indecent assault or common assault if such be the facts proved;” however, authorities did not enforce the law. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons faced societal discrimination and disregard. On May 17, the LGBTQI+ rights NGO Matrix convened a forum to discuss the challenges faced by LGBTQI+ persons. During the COVID-19 pandemic lockdown period, some LGBTQI+ participants reported being expelled from their homes by family members, leaving them vulnerable.

The law prohibits discrimination attributable to sex; it does not explicitly forbid discrimination against LGBTQI+ persons. Matrix reported public sensitization campaigns reduced discrimination in access to health-care services and participation in religious activities. There were no reports of employment discrimination.

Matrix decentralized its activities and established committees in eight of the 10 districts to provide more access to vulnerable persons. The Christian Council of Lesotho offered pastoral care and counseling to LGBTQI+ persons.

Liberia

Executive Summary

Liberia is a constitutional republic with a bicameral national assembly and a democratically elected government led by President George Manneh Oppong Weah and the political alliance Coalition for Democratic Change. The country held presidential and legislative elections in 2017, which domestic and international observers deemed generally free and fair. The then Montserrado County Senator George Weah won the presidential runoff in December 2017 in an election that was generally considered free and fair. In December 2020 the country held midterm senatorial elections that observers deemed largely peaceful, although there were some reported instances of vote tampering, intimidation, harassment of female candidates, and election violence. Opposition and independent candidates won 12 of the 15 Senate seats contested, according to election results announced by the National Election Commission. On November 16, by-elections for the House of Representatives were held in Bong, Bomi, Nimba, and Grand Gedeh counties to fill vacancies created after the December 2020 midterm senatorial elections. Once again, election observers deemed the proceedings largely peaceful, although there were some reported instances of vote tampering, intimidation, harassment of female candidates, and election violence.

The Liberia National Police maintain internal security, with assistance from the Liberia Drug Enforcement Agency and other civilian security forces. The Armed Forces of Liberia are responsible for external security but also have some domestic security responsibilities if called upon. The Liberia National Police and Liberia Drug Enforcement Agency report to the Ministry of Justice, while the Armed Forces of Liberia report to the Ministry of National Defense. Civilian authorities generally maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: arbitrary killings by police; cruel, inhuman, or degrading treatment or punishment by police; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious problems with the independence of the judiciary; restrictions on freedom of the press, including violence, intimidation and threats against journalists resulting in self-censorship, and unjustified arrests of journalists; serious government corruption; lack of investigation and accountability for gender-based violence, including child, early and forced marriage, and female genital mutilation/cutting; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, and intersex persons; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; and existence of the worst forms of child labor.

Impunity continued for individuals who committed human rights abuses, including atrocities during the two Liberian civil wars, as multiple investigative and audit reports were ignored. The government made intermittent but limited attempts to investigate and prosecute officials accused of current abuses, whether in the security forces or elsewhere in the government. Impunity continued for government corruption.

Section 6. Discrimination and Societal Abuses

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

The law prohibits consensual same-sex sexual conduct. “Voluntary sodomy” is a misdemeanor with a penalty for conviction of up to one year’s imprisonment. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists reported LGBTQI+ persons faced difficulty obtaining redress for crimes committed against them, including at police stations, because those accused of c