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Lesotho

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

Children

Birth Registration: According to the constitution, birth within the country’s territory confers citizenship. The law stipulates registration within three months of birth but allows up to one year without penalty.

Education: By law primary education, which ends at grade seven, is universal, compulsory, and tuition free beginning at age six. The Ministry of Education and Training set the maximum age for free primary education at 13. Secondary education is not free, but the government offered scholarships for orphans and other vulnerable children. Authorities may impose a nominal monetary fine or imprisonment of parents convicted of failing to assure regular school attendance by their children.

Child Abuse: While the law prohibits child abuse, it was a continuing problem, especially for orphans and other vulnerable children. The penalties for conviction of ill treatment, neglect, abandonment, or exposure of a child to abuse are up to two months’ imprisonment and a nominal monetary fine. Neglect, common assault, sexual assault, and forced elopement occurred.

The Maseru Magistrate’s Court has a children’s court as part of a government initiative to protect children’s rights. The CGPU led the government’s efforts to combat child abuse. The CGPU sought to address sexual and physical abuse, neglect, and abandonment of children, and to protect the property rights of orphans. It also advocated changing cultural norms that encourage forced elopement.

Child, Early, and Forced Marriage: Civil law defines a child as a person younger than age 18 but provides for a girl to marry at age 16. Customary law does not set a minimum age for marriage. During the year the Ministry of Social Development conducted public awareness campaigns against child marriage in a number of districts.

Sexual Exploitation of Children: The law sets the minimum age for consensual sex at 18. Anyone convicted of an offense related to the commercial sexual exploitation of children is liable to not less than 10 years’ imprisonment. Child pornography carries a similar sentence. The antitrafficking law criminalizes trafficking of children or adults for the purposes of sexual or physical exploitation and abuse. Offenders convicted of trafficking children into prostitution are liable to a substantial fine, life imprisonment, or both. The death penalty may be applied if an HIV-positive perpetrator is convicted of knowingly infecting a child. Authorities generally enforced the law. Although police stated there were no reported cases of sexual exploitation of children, they believed it occurred.

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

Persons with Disabilities

The constitution and law prohibit discrimination against persons with disabilities. National disability policy establishes a framework for inclusion of persons with disabilities in poverty reduction and social development programs, but the government did not incorporate objectives or guidelines for the implementation of these programs.

Law and regulations provide for persons with disabilities to have access to public buildings. Public buildings completed after 1995 generally complied with the law, but many older buildings remained inaccessible. According to the executive director of the ‎Lesotho National Federation of Organizations of the Disabled (LNFOD), air travel services were adequate for persons with disabilities. The executive director stated the insufficient number of sign language interpreters in the judicial system who could sign resulted in case postponements for persons with hearing disabilities. Moreover, persons with hearing disabilities who signed could not access state services. Braille and JAWS (Job Access with Speech, a computer software used by persons with vision disabilities) were not widely available. Although the 2020 National Strategic Development Plan was printed in braille, it was uncommon for government documents to be printed in braille.

Children with physical disabilities attended school, but facilities to accommodate them in primary, secondary, and higher education were limited. In August 2019 the Ministry of Education and Training instituted a policy to provide for greater access to education for children with disabilities. The policy provides for increasing the capacity of mainstream schools to accommodate children with disabilities instead of having them attend segregated schools. During the year funding provided by UNICEF for implementation of the policy was redirected to the government’s COVID-19 response.

There were no reports of persons with disabilities being abused in prison, school, or mental health facilities; however, according to the LNFOD, such abuse likely occurred regularly.

Other Societal Violence or Discrimination

Media reported killings of the elderly across the country. For example, on March 5, three men killed three elderly women accused of witchcraft in Ha Kholopo Village. The government held gatherings to raise public awareness of the problem of elder abuse.

There were reports of societal violence. In February gunmen shot and killed Chief Neo Mankimane and two gravediggers at Ha Makhakhe Village in Mafeteng District. Area Councilor Sebofi Moeketsi believed the killings were related to gang activity.

There were sporadic incidents of mob violence targeting criminal suspects. For example, on June 12, a mob attacked and burned to death two men suspected of the rape and killing a female student at Thabong Village in Maseru.

Liberia

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

Children

Birth Registration: The nationality law stipulates children of “Negro” descent born in the country to at least one Liberian parent are citizens. Children born outside the country to a Liberian father are also Liberian citizens. Nevertheless, they may lose that citizenship if they do not reside in the country prior to age 21, or if residing abroad they do not take an oath of allegiance before a Liberian consul before age 23. Children born to non-Liberian fathers and Liberian mothers outside of the country do not derive citizenship from the mother.

If a child born in the country is not of “Negro” descent, the child may not acquire Liberian citizenship. “Non-Negro” residents, such as members of the large Lebanese community, may not acquire or transmit citizenship. The law requires parents to register their infants within 14 days of birth, but only 25 percent of children younger than age five had birth certificates.

Education: Only 26.1 percent of children of official primary school age were enrolled in school, and only 34 percent of children completed primary education. On average, children attended school for 4.7 years in Liberia. The law provides for tuition-free and compulsory education in public schools from the primary (grades one to six) through junior secondary (grades seven to nine) levels, but many schools charged informal fees to pay for teachers’ salaries and operating costs the government did not fund. These fees prevented many students from attending school. By law fees are required at the senior secondary level (grades 10 to 12).

Girls accounted for less than half of all students and graduates in primary and secondary schools, with their proportion decreasing progressively at higher levels. Sexual harassment of girls in schools was commonplace, and adolescent girls were often denied access to school if they became pregnant. Nonetheless, the country continued to work on narrowing the gender gap at all levels of education, especially in primary school, where the gender parity index went from 88 girls per 100 boys in 2008 to 95 girls for every 100 boys in school in 2017. Students with disabilities and those in rural counties were most likely to encounter significant barriers to education. Only 14 percent of girls in rural areas completed primary school.

Child Abuse: Child abuse was a widespread and persistent problem, and there were numerous cases reported throughout the year, including of sexual violence against children. The government engaged in public awareness campaigns to combat child rape. According to the Ministry of Gender, Children, and Social Protection, more rape victims were reported in the 13 to 17 age group than in any other. In July, Front Page Africa reported that an adolescent girl was sodomized after she was thrown out of her family home in the Omega Tower community for “witchcraft.” The girl was discovered early the next morning lying on the main road between Montserrado and Margibi Counties. Some community members accused the family of the victim of neglect and blamed them for throwing the girl out after relatives alleged she confessed to killing her 25-year-old uncle.

In June police arrested Johnson Chuluty in the Mount Barclay community of Montserrado County for statutory rape for allegedly impregnating his 15-year-old stepdaughter. Police also arrested the wife of the suspect, Mary Chuluty. In a video posted on social media, the victim explained she was living with her mother and stepfather when the rape occurred. The victim relayed that because the rape resulted in pregnancy, her mother sent her to Lofa County to live with her grandmother, where she remained until she gave birth. Police confirmed that the victim was placed in the care of the Ministry of Gender, Children, and Social Protection.

On November 25, the Ministry of Gender, Children, and Social Protection in collaboration with the Office of the First Lady and Partners officially launched the 16-Days of Activism against Gender Based Violence. It sought to ensure nationwide awareness in almost all communities of the country to promote the concept of preventing gender-based violence, advocate for the protection of women’s and girls’ rights in all sectors of the society through media engagement, and re-emphasize the fact that the solution to ending gender-based violence lies with all citizens.

From December 28 to December 31, the Ministry of Gender, Children, and Social Protection, in collaboration with the Child Protection Network and with support from the EU Spotlight Initiative, held a four-day Child Protection Awareness Campaign in five communities (Peace Island-540, Clara Town, New Kru Town, Soniwehn, and Brewersville Township) within Montserrado County. The awareness campaign focused on curtailing the number of rape cases, child labor, and harsh punishment instituted against children in homes, communities, and public and private locations. The campaign was also geared towards achieving the goals of the Government of Liberia and Partners Roadmap on Ending Sexual and Gender-Based Violence by 2022.

Child, Early, and Forced Marriage: The 2011 National Children’s Act sets the minimum marriage age for all persons at 18, the Domestic Relations Law sets the minimum marriage age at 21 for men and 18 for women, and the Equal Rights of Customary Marriage Law of 1998 permits a girl to marry at age 16. According to UNICEF, 9 percent of girls were married before age 15 and 36 percent before age 18.

With support from the EU Spotlight Initiative and the United Nations, the Ministry of Gender, Children, and Social Protection continued efforts to eliminate violence against women and girls, including sexual and gender-based violence and harmful practices such as child marriage. The campaign began in June 2019, when the ministry communicated with traditional leaders and community members in five counties in their local languages to raise awareness of the illegality and harm of child marriage.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography, and authorities generally enforced the law, although girls continued to be exploited, including in commercial sex in exchange for money, food, and school fees. The law requires a demonstration of force, fraud, or coercion to constitute a child sex trafficking offense, and therefore it does not criminalize all forms of child sex trafficking. Additionally, sex in exchange for grades was a pervasive problem in secondary schools, with many teachers forcing female students to exchange sexual favors for passing grades. The minimum age for consensual sex is 18. Statutory rape is a criminal offense that carries a maximum sentence of life imprisonment. The penalty for conviction of child pornography is up to five years’ imprisonment. Orphaned children remained especially susceptible to exploitation, including sex trafficking.

Infanticide or Infanticide of Children with Disabilities: There were cases of infanticide. On July 15, the 8th Judicial Circuit Court in Sanniquellie, Nimba County, freed 19-year-old Jamesetta Bendu Tour after she spent 10 months in prison without trial. She was accused of throwing her 22-month-old baby into the St. John River in September 2019. According to reports, the court freed Tour because the state prosecutor failed to pursue the case after two successive terms of court. On September 25, Tour admitted that she did throw her child into the river after she was put out by her parents, but she later contradicted that statement by saying the baby fell into the river while she was washing.

According to the Ministry of Justice’s Human Rights Protection Unit, children with disabilities were often stigmatized, abandoned, neglected, and purposely exposed to risks (including death). Persons with disabilities suffered torture and inhuman or degrading treatment or punishment. The National Union of the Organization of the Disabled (NUOD) reported families sometimes abandoned or refused to provide medical care to children with mental disabilities because of the taboo associated with the conditions or fear that the community would label children with disabilities as witches.

Displaced Children: Despite international and government attempts to reunite children separated from their families during the civil war, some street children, former child soldiers, and IDPs continued to live on the streets of Monrovia. Now adults, these homeless young individuals, who often suffered from drug addiction and engaged in crime, were referred to as “zogos.”

Institutionalized Children: Regulation of orphanages continued to be very weak, and many lacked adequate sanitation, medical care, and nutrition. The Ministry of Gender, Children, and Social Protection did not monitor orphanages to ensure provision of basic services. Orphanages relied primarily on private donations and support from international organizations. Many orphans received little to no assistance. The ministry continued to run a temporary shelter capable of accommodating approximately 35 vulnerable children, including abandoned and orphaned children, which provided for basic needs until reunification with relatives.

Since the country did not have a designated facility for their care, juvenile offenders outside the Monrovia Central Prison were routinely held in separate cells in adult offender cellblocks (see section 1.c.). Guidelines existed and steps occasionally were taken to divert juveniles from the formal criminal justice system and place them in a variety of safe homes and “kinship” care situations.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Officials at the Ministry of Justice and the Ministry of Labor occasionally misapplied the term human trafficking to likely cases 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.

Persons with Disabilities

The constitution prohibits discrimination against persons with disabilities, but these prohibitions were not always enforced. Most government buildings were not easily accessible to persons with mobility impairment. Sign language interpretation was often not provided for deaf persons in criminal proceedings or in the provision of state services. The Ministry of Gender, Children, and Social Protection and the National Commission on Disabilities are the government agencies responsible for protecting the rights of persons with disabilities and implementing measures designed to improve respect for their rights.

Persons with disabilities faced discrimination in employment, housing, access to all levels of education, and health care. Activists for persons with disabilities reported property owners often refused housing to persons with disabilities. According to NUOD, persons with disabilities were more likely to become victims of sexual and gender-based violence.

Some persons with disabilities suffered inhuman or degrading treatment or punishment.

In April 2019 newspaper Front Page Africa reported that a 13-year-old girl with visual impairment was raped on separate occasions by two individuals, one of them a 17-year-old Braille instructor at the Christian Association of the Blind school, who impregnated her. The first of the alleged perpetrators was arrested in September 2019 at the age of 20. The Ministry of Justice Sexual Crimes Unit recommended that the alleged perpetrator be tried as a juvenile, but the court rejected the recommendation. The second alleged perpetrator was released by the Juvenile Court without the consent of the victim’s family and charged as a minor with corruption of a minor, although he was 20 years old at the time of his arraignment.

Few children with disabilities had access to education. Public educational institutions discriminated against students with disabilities, arguing resources and equipment were insufficient to accommodate them. Some students with disabilities attended a few specialized schools mainly for the blind and deaf–but only through elementary school. Students with more significant disabilities are exempt from compulsory education but may attend school subject to constraints on accommodating them. In reality few such students were able to attend either private or public schools.

The right of persons with disabilities to vote and otherwise participate in civic affairs is legally protected and generally respected. The law requires that the National Election Commission (NEC), to the extent practical, make registration and voting centers accessible to persons with disabilities. Despite educational sessions held by the NEC on the issue, persons with disabilities faced challenges during the voter registration and voting periods, including lack of access ramps, limited transportation to voter registration and polling centers, and limited mobility assistance at polling centers. The NEC, however, offered tactile ballots for the visually impaired.

Voting assistance in the December 8 senatorial elections and national referendum included the use of tactile ballots and permission for a trusted family member to accompany disabled voters, but some voters without a family member or accompanied by children had difficulty voting.

Other Societal Violence or Discrimination

The penal code classifies mob violence as a crime. Nevertheless, mob violence and vigilantism, due in part to the public’s lack of confidence in police and the judicial system, were common and often resulted in deaths and injuries. Although mob violence sometimes targeted alleged criminals, it was difficult to determine underlying reasons, since cases were rarely prosecuted.

Libya

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

Children

Birth Registration: By law, children derive citizenship from a citizen father. The law permits citizen women who marry foreign men to transmit citizenship to their children, although some contradictory provisions may potentially perpetuate discrimination. There are also naturalization provisions for noncitizens.

Education: The continuing conflict disrupted the school year for thousands of students across the country; many schools remained unopened due to lack of materials, damage, or security concerns. Internal displacement further disrupted school attendance as many schools were repurposed as IDP shelters. School and university classes were suspended in March following the onset of the COVID-19 pandemic.

Child, Early, and Forced Marriage: The minimum age for marriage is 18 for both men and women, although judges may permit those younger than 18 to marry. LNA authorities reportedly imposed a minimum age of 20 for both men and women. Early marriages were relatively rare, according to UN Women, although comprehensive statistics were not available due to the lack of a centralized civil registry system and the continuing conflict.

There were anecdotal reports of child marriage occurring in some rural and desert areas where tribal customs are more prominent. There were also unconfirmed reports that civil authorities could be bribed to permit underage marriage.

Sexual Exploitation of Children: There was no information available on laws prohibiting or penalties for the commercial sexual exploitation of children or for child pornography, nor on laws regulating the minimum age of consensual sex.

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

Persons with Disabilities

The 2011 Constitutional Declaration addresses the rights of persons with disabilities by providing for monetary and other types of social assistance for the “protection” of persons with “special needs” with respect to employment, education, access to health care, and the provision of other government services, but it does not explicitly prohibit discrimination. The government did not effectively enforce these provisions. IDPs, migrants, and refugees with disabilities were especially vulnerable to poor treatment in detention facilities.

Some organizations estimated that up to 13 percent of citizens may experience some form of disability, although GNA estimates were much lower. Years of postrevolutionary conflict also led to a greater incidence of persons maimed by shelling or explosive war remnants.

In the second quarter of the year, human rights activists called on health authorities to make their COVID-19 response plans more inclusive of persons with disabilities. These activists reported that COVID-19 curfews and movement restrictions made it more difficult for persons with disabilities to access cash, food, and medicine.

Madagascar

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

Children

Birth Registration: Under the law citizenship derives from one’s parents. The law does not confer nationality on children born in the country if both parents are noncitizens. It does provide for a minor’s right to obtain citizenship if one of the parents, regardless of their marital status, obtains citizenship.

The country has no uniformly enforced birth registration system, and unregistered children typically were not eligible to attend school or obtain health-care services. Authorities generally adjudicated birth registration on a nondiscriminatory basis.

Education: The constitution provides for tuition-free public education for all citizen children and makes primary education until the age of 16 compulsory. Despite multiple statements by officials asserting that public education is free, some public school principals continued to require parents to pay registration and various fees to subsidize teacher salaries and other costs. As a result education remained inaccessible for many children. According to UNICEF, boys and girls generally had equal access to education, although girls were more likely to drop out during adolescence. Some inhabitants of areas heavily affected by COVID-19 reported that schools denied admission of their children.

Child Abuse: Child abuse including rape was a problem. The press reported most child victims of rape were younger than 12; the youngest was age three. A 2018 study on violence against children produced by the Ministry of Population in partnership with UNICEF revealed violence against children, including physical violence, sexual abuse, and rape, occurred in all environments: family, school, social circles, and workplaces. It found abuse was rarely reported due to lack of confidence in the justice system, precarious economic conditions, a desire to avoid social discord in the community, and intimidation. Only 4 percent of respondents to the survey said they had reported cases of child abuse to police, while 19 percent had reported sexual abuse to police or gendarmerie. Victims’ families often agreed to mediated arrangements involving financial compensation by the wrongdoers and occasionally forced marriage of the victim with the rapist.

In some towns and cities, particularly in Antananarivo, homeless women raised small children in dangerous conditions and environments and forced children as young as three years old to beg on the streets. Sometimes babies were “rented” to beggars to try to increase sympathy from passersby. Government authorities rarely intervened in these cases of child endangerment.

The government increased efforts to combat child rape. Following the promulgation of the gender-based violence law in January, the Ministry of Justice announced strengthened measures against child rape offenders. The ministry raised public awareness of the duty to report child rape and discouraged persons from using informal arrangements between victims’ families and offenders to resolve child rape cases. In November media reported these efforts led to an increase in the number of prosecutions of child rape cases.

Government efforts to combat other forms of child abuse were limited and focused primarily on child protection networks, which addressed the needs of victims and helped raise public awareness. With the support of UNICEF, the cities of Antananarivo, Toamasina, Mahajanga, Nosy Be, Toliara, and Tolagnaro hosted one-stop victim support centers, called Vonjy Centers, in public hospitals. These centers received child victims of sexual abuse, including rape and sexual exploitation. In addition to medical care, these centers provided psychological support through social workers assigned by NGOs. Police from the minors and child protection brigade recorded victims’ complaints, and volunteer lawyers provided free legal assistance.

In Nosy Be the local office of the Ministry of Population, in collaboration with UNICEF, established a foster family system for child abuse victims who needed placement. Some officials, however, reported victims of child abuse were sometimes returned to the home where the abuse occurred due to a lack of other options.

In September the Court of Fenerive Est reported an increase in child rape since the beginning of the COVID-19 outbreak. In most cases the offenders were persons close to the victims. Incidents of gang rape and the number of minor offenders also increased. The court organized workshops in the four districts covered by the jurisdiction to raise public awareness of the problem.

Child, Early, and Forced Marriage: The legal age for marriage without parental consent is 18 for both sexes. Nevertheless, child marriage remained very common, particularly in rural areas and in the South.

The practice of moletry, in which girls are married at a young age in exchange for oxen received as a dowry, reportedly continued. Affected girls may be as young as 12.

According to the results of a 2018 Multiple Indicator Cluster Survey, 37 percent of women between ages 20 and 49 married before the age of 18. The rate for men was 12 percent. Rural areas were more affected, with 44 percent married before age 18, and 15 percent before age 15. In urban areas, 29 percent of women married before age 18 and 7 percent before age 15. There were no reports of government efforts to prevent child marriage.

Sexual Exploitation of Children: The law provides a penalty of hard labor for recruitment and incitement to prostitution involving a child younger than 18, the sexual exploitation of a child younger than 15, and the commercial sexual exploitation of a child younger than 18. There is no specific mention of the sale or offering of children for prostitution. The law specifies penalties of two to five years’ imprisonment and fines for perpetrators of child pornography. Authorities rarely enforced the provisions. There is no minimum legal age for consensual sex. The country was a destination for child sex tourism.

Commercial sexual exploitation of children and child sexual abuse, sometimes with the involvement of parents, remained a significant problem.

Employers often abused and raped young rural girls working as housekeepers in the capital. If the girls left their work, employers typically did not pay them, so many remained rather than return empty-handed to their families and villages. UNICEF’s 2018 study on violence against children indicated all reported cases of sexual violence in the workplace took place in the domestic-labor sector.

The national gendarmerie operated a morals and minors protection unit with responsibility for protecting children, including rape victims, in rural areas not covered by the national police’s morals and minors brigade. The Ministry of Justice, collaborating with UNICEF and telecommunications companies, operated a website called Arozaza (protect the child) to combat online sexual exploitation of minors and deter potential abusers. The website included a form to report child endangerment or online pornography. On July 1, media reported improvements to the website allowing police or other governmental entities to intervene immediately once a report was filed on the platform.

On August 13, in collaboration with the Ministry of Population and UNICEF, Internet Watch Foundation launched an online portal allowing individuals worldwide to anonymously and safely report images and videos of sexual abuse of Malagasy children found on the internet. The reported contents would be analyzed and removed by the Internet Watch Foundation, not precluding prosecution, as the data would be shared with authorities.

The Ministry of Population operated approximately 750 programs covering 22 regions throughout the country to protect children from abuse and exploitation. The ministry collaborated with UNICEF to identify child victims and provide access to adequate medical and psychosocial services. The gendarmerie, Ministry of Justice, Ministry of Population, and UNICEF trained local authorities and other stakeholders in targeted regions on the rights of children.

Infanticide or Infanticide of Children with Disabilities: Media reports documented several deaths of newborns abandoned in gutters and dumpsters. A traditional taboo in the southeast of the country against giving birth to twins also contributed to the problem. A provision in the January gender-based violence law prohibits traditional practices which harm human rights including infanticide.

Displaced Children: Although child abandonment is against the law, it remained a problem. There were few safe shelters for street children, and governmental agencies generally tried first to place abandoned children with parents or other relatives. Authorities placed many children in private and church-affiliated orphanages outside the government system.

Institutionalized Children: On August 13, the Court of Fianarantsoa placed a man in pretrial detention for sexual abuse and rape of four minor girls in an orphanage where he was working. As of September the trial had not taken place.

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

Persons with Disabilities

The law prohibits discrimination against persons with disabilities and defines persons with disabilities as those presenting a congenital or acquired deficiency in their physical, mental, or sensory capacities. The law also provides for a national commission and regional subcommissions to promote their rights, but none had been set up. By law persons with disabilities are entitled to receive health care, education, facilitated access to public transportation, and have the right to training and employment. The law does not address access to the judicial system, information, and communications. Educational institutions were encouraged to make necessary infrastructure adjustments to accommodate students with disabilities. The law also specifies the state “must facilitate, to the extent possible, access to its facilities, public spaces, and public transportation to accommodate persons with disabilities.”

Authorities rarely enforced the rights of persons with disabilities, and the legal framework for promoting accessibility remained perfunctory.

Access to education and health care for persons with disabilities also was limited due to lack of adequate infrastructure, specialized institutions, and personnel.

Persons with disabilities encountered discrimination in employment. They were also more likely to become victims of various types of abuse, sometimes perpetrated by their own relatives.

In June the Antananarivo municipality collaborated with a women’s federation to support women with disabilities, allotting 80 sewing-factory positions to women with disabilities and providing free stalls in municipal market places for them to sell their products without paying taxes.

In September the head of a disability rights group stated the government’s strategy to address the COVID-19 emergency was not inclusive. While persons with disabilities were disproportionately impacted by the pandemic, they did not receive appropriate consideration. Many persons with disabilities were “at will” workers or were working in the informal sector, upon whom the pandemic restrictions had a strong impact. During the COVID-19 census to extend government support to the most vulnerable persons, the surveyors did not consider disability as a factor of vulnerability.

In October the head of a platform for persons with disabilities stated that the lack of accessibility for persons with disabilities was a persistent problem. Humanity and Inclusion, a local NGO that assisted the government in addressing accessibility problems, reported public infrastructure did not provide adequate accessibility for persons with disabilities.

The electoral code provides that individuals with disabilities should be assisted in casting their ballots, but it contains no other provisions to accommodate such voters. In May 2019 the head of a disability rights federation told media that persons with disabilities believed they were excluded from the electoral process since many of the voting materials were not customized for them.

Other Societal Violence or Discrimination

Mob violence occurred in both urban and rural areas, in large part due to crime and lack of public confidence in police and the judiciary. Crowds killed, beat, burned, or otherwise injured suspected criminals or accomplices if security forces did not arrive in time to halt the violence. Authorities sometimes arrested the perpetrators, but fear of creating renewed anger hindered prosecution. Some media and other observers believed the law was more likely to be enforced against perpetrators when it was in the interests of authorities or security forces. Groups of villagers in several localities assaulted police or gendarmerie stations.

Children with albinism in the south of the country were increasingly the object of kidnapping. Media reported five cases of albino child abduction between January and September.

In May inhabitants of areas with COVID-19 cases reported being subject to discrimination and stigma. A woman working as a housekeeper in Antananarivo said her employer dismissed her because of her residing in an area with a high infection rate. In Toamasina inhabitants of infected areas, especially employees of a company considered a COVID-19 hotbed, were victims of stigmatization, even if most of them had not been at their workplace for several weeks. Some tenants reported being harassed by their landlords to leave their apartments and had difficulty finding new homes. Authorities made little effort to respond to these incidents.

On June 18, a group of villagers in Safotaka beat to death a man who had allegedly killed another man. The families of both men signed an agreement not to bring the case to court. The three gendarmes assigned to investigate the incident were accused of attempting to extort $1,000 from one victim’s family.

Malawi

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

Children

Birth Registration: Citizenship may be derived from birth within the country or abroad to at least one Malawian parent “of African race.” There were no reports of discrimination or denial of services due to lack of birth registration.

Education: The government provided tuition-free primary education for all children. Education up to age 18 is compulsory, although many families could not afford book fees and uniforms, and limited space in secondary schools prevented many students from continuing beyond primary education. Students from poor families had access to a public book fund.

Child Abuse: Child abuse remained a serious problem. The press regularly reported cases of sexual abuse of children, including arrests for rape, incest, sodomy, and defilement.

The law prohibits subjecting a child to any social or customary practice that is harmful to health or general development. Prohibited practices include child trafficking, forced labor, early and forced marriage or betrothal, and use of children as security for loans or other debts.

The Ministry of Gender, Community Development, and Social Welfare activities to enhance protection and support of child victims included reuniting rescued victims of child labor with their parents and operating shelters for vulnerable children.

Child, Early, and Forced Marriage: The law sets the minimum age for marriage at 18. According to UNICEF, 46 percent of girls are married before 18, and 9 percent of girls are married before 15. Civic education on early marriage was carried out mainly by NGOs. Some traditional leaders annulled early marriages and returned the girls involved to school.

Sexual Exploitation of Children: The law forbids engaging in sexual activity with children younger than age 16 and stipulates penalties for conviction of 14 to 21 years’ imprisonment. The law further prohibits “indecent practice” in the presence of or with a child, with offenders liable to 14 years’ imprisonment.

The law prohibits commercial sexual exploitation of children, including child pornography and using a child for public entertainment of an immoral or harmful nature. The maximum penalty for conviction of engaging in child pornography is 14 years’ imprisonment, while those found guilty of procuring a child for public entertainment are liable to a substantial monetary fine and seven years’ imprisonment. The law was not effectively enforced.

The widespread belief that children were unlikely to be HIV-positive and that sexual intercourse with virgins could cleanse an individual of sexually transmitted diseases, including HIV/AIDS, contributed to the widespread sexual exploitation of minors. The trafficking of children for sexual purposes was a problem, and child prostitution for survival at the behest of parents or without third-party involvement occurred. In urban areas bar and rest house owners recruited girls as young as 12 from rural areas to do household work such as cleaning and cooking. They then coerced them to engage in sex work with customers in exchange for room and board.

Displaced Children: According to the 2015 Demographic and Health Survey, 20 percent of children younger than age 18 were not living with either biological parent, and 12 percent were orphaned or vulnerable due to extended parental illness or death. Extended family members normally cared for such children and other orphans.

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

Persons with Disabilities

The Disability Act prohibits discrimination in education, health care, the judicial system, social services, the workplace, housing, political life, and cultural and sporting activities for persons with disabilities, defined as a long-term physical, mental, intellectual, or sensory impairment. The law prohibits discrimination against persons with disabilities in political and public life and calls for the government to take measures to provide access for them to transportation, information, and communication services. The law provides for the establishment of a disability trust fund to support persons with disabilities, including regarding access to public facilities, both governmental and private.

Societal stigma related to disability and the lack of accessibility to public buildings and transportation negatively affected the ability of persons with disabilities to obtain services and obtain and maintain employment.

Accommodations for persons with disabilities were not among the government’s priorities. Although the Disability Act took effect in 2013, the government had yet to adopt standards and plans for its enforcement and implementation. The Ministry of Gender, Community Development, and Social Welfare is responsible for protecting the rights of persons with disabilities, but it was unable to do so.

There were public and privately supported schools and training centers that assisted persons with disabilities. As of August the MHRC reported t two complaints were received related to abuse of disability rights.

Other Societal Violence or Discrimination

Mobs and local citizens sometimes engaged in vigilante attacks, at times killing persons suspected of crimes such as theft.

There were several attacks on persons with albinism driven by demand for body parts for witchcraft rituals. Religious, traditional, civil society, and political leaders, including the president, publicly denounced the attacks. On July 24, Dorothy Jeffrey, a woman with albinism, survived an attempted abduction at night at her home in Moliha Village in Machinga District. She and her grandmother were injured; one of her suspected abductors was arrested.

In January 2019 Eunice Nkhonjera, an 18-month-old girl with albinism, was abducted from her home in the northern town of Karonga. In February 2019 police arrested three persons suspected of involvement in her kidnapping. Goodson Makanjira, a 14-year-old boy with albinism, was abducted from his home in the central region district of Dedza. Police arrested six suspects, one of whom, Buleya Lule, died in police custody. Both cases remained under police investigation at year’s end. In a sign of increased vigilance against killings of persons with albinism, courts across the country handed down severe sentences to those convicted of killing persons with albinism.

Mali

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

Children

According to 2019 estimates, more than one-half of the population is younger than age 18. As of June the United Nations estimated 2.42 million children were in need of humanitarian assistance. According to UNICEF’s data regarding children, repeated attacks led to death; gunshot or burn injuries; displacement and separation from families; and exposure to violence, including rape and other forms of sexual violence; arrests and detention; and psychological trauma. Hundreds of children were estimated to be recruited by armed groups annually.

Birth Registration: Citizenship is derived from either parent or by birth within the country, and the law requires registration within 30 days of birth. A fine may be levied for registration occurring after the 30-day period. Girls were less likely to be registered.

The government did not register all births immediately, particularly in rural areas. Some organizations indicated there were insufficient registration sites to accommodate all villages, further exacerbating the low registration rates in certain areas. According to a December 2019 UNICEF report, 13 percent of children younger than five were not registered, while 22 percent of registered children did not receive birth certificates. Lack or inaccessibility of services, lack of birth registration books, and ignorance of the importance of birth certificates by parents were among challenges for birth registration. According to UNICEF, the government registered nearly 90 percent of births in 2019. The government conducted an administrative census in 2014 to collect biometric data and assign a unique identifying number to every citizen. The process allowed the registration of children not registered at birth, although the number of birth certificates assigned was unknown. Several local NGOs worked with foreign partners to register children at birth and to educate parents regarding the benefits of registration, which is critical for access to education and government services. Birth registration also plays an essential role in protecting children, as well as facilitating their release and reintegration if recruited by armed groups or detained.

Education: The constitution provides for tuition-free universal education, and the law provides for compulsory schooling of children ages six through 15. Nevertheless, many children did not attend school. Parents often had to pay their children’s school fees as well as provide their uniforms and supplies. Other factors affecting school enrollment included distance to the nearest school, lack of transportation, shortages of teachers, a protracted teachers’ strike from December 2019 to September 13, shortages of instructional materials, and lack of school feeding programs. Girls’ enrollment was lower than that of boys at all levels due to poverty, a cultural preference to educate boys, the early marriage of girls, and sexual harassment of girls. According to the 2018 Mali Demographic and Health Survey, two-thirds of women ages 15-49 had no education, compared with 53 percent of men in the same age range, and only 28 percent of women were literate, compared with 47 percent of men.

On March 19, in response to the COVID-19 pandemic, the government announced the closure of schools. Compounded with a simultaneous teachers’ strike, schools effectively remained closed until September 13, when a salary increase agreement was reached between the teachers’ union and the CNSP (the de facto authority following the overthrow of the government). In December schools were again closed in an effort to stymie a second wave of COVID-19 cases. It was estimated that nearly 3.8 million children in the country were affected by school closures during the year.

In June the United Nations reported that conflict had caused the closure of at least 1,261 schools in the regions of Gao, Kidal, Timbuktu, Mopti, and Segou since the beginning of the year. Many schools were damaged or destroyed because rebels sometimes used them as bases of operations. The United Nations also reported the government security forces also sometimes used school compounds as bases. MINUSMA reported that during the first half of the year, at least seven schools were attacked or targeted. Jihadist groups often threatened teachers and communities to close schools that did not offer solely religious instruction. The conflict-related closure of more than 1,261 schools during the year was an increase from approximately 900 closures during the 2018-19 school year, and nearly doubled the number of school closures in the same period in 2017-18. The majority of closed schools were located in the Mopti Region.

Child Abuse: Comprehensive government statistics on child abuse did not exist, but the problem was widespread. Most child abuse cases went unreported. According to MINUSMA’s HRPD reports detailing the first six months of the year, 39 children were killed, less than a one-quarter the number reported during the same period of 2019. The United Nations documented 402 cases of grave abuses (defined as recruitment or use of children as soldiers, killing and maiming of children, rape and other grave sexual violence, abductions, attacks on schools and hospitals, or denial of humanitarian access to children) against 254 children between January and June. Police and the social services department in the Ministry of Solidarity and Humanitarian Action investigated and intervened in some reported cases of child abuse or neglect, but the government provided few services for such children (see also section 1.g, Child Soldiers).

Child, Early, and Forced Marriage: The minimum age to marry without parental consent is 16 for girls and 18 for boys. A girl age 15 may marry with parental consent with approval of a civil judge. Authorities did not effectively enforce the law, particularly in rural areas, and child, early, and forced marriage was a problem throughout the country. Girls were also taken as ‘wives’ for combatants and leaders of armed groups. According to 2017 data from UNICEF, 54 percent of women were married by age 18 and 16 percent before age 15.

In some regions of the country, especially Kayes and Koulikoro, girls married as young as age 10. It was common practice for a girl age 14 to marry a man twice her age. According to local human rights organizations, officials frequently accepted false birth certificates or other documents claiming girls younger than age 15 were old enough to marry. NGOs implemented awareness campaigns aimed at abating child, early, and forced marriage.

Sexual Exploitation of Children: The law prohibits the sexual exploitation of children, including commercial sexual exploitation. Penalties for conviction of sexual exploitation of both adults and children are six months’ to three years’ imprisonment and a substantial monetary fine. Penalties for convicted child traffickers are five to 20 years in prison. Penalties for conviction of indecent assault, including child pornography, range from five to 20 years in prison. The country has a statutory rape law that defines 18 as the minimum age for consensual sex. The law, which was inconsistent with the legal minimum marriage age of 15 for girls, was not enforced. Sexual exploitation of children occurred.

Infanticide or Infanticide of Children with Disabilities: Some prostitutes and domestic workers practiced infanticide, mainly due to lack of access to and knowledge of contraception.

Displaced Children: UNICEF reported that, as of March, 79 unaccompanied and separated children had received interim care and protection services since the beginning of the year. According to the OCHA, children made up 58 percent of IDPs in the country.

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

Persons with Disabilities

The constitution and law do not specifically protect the rights of persons with physical, sensory, intellectual, or mental disabilities in access to employment, education, air travel and other transportation, health care, the judicial system, and state services. There is no law mandating accessibility to public buildings. While persons with disabilities have access to basic health care, the government did not place a priority on protecting the rights of persons with disabilities. Many such individuals relied on begging.

Persons with mental disabilities faced social stigmatization and confinement in public institutions. For cases in which an investigative judge believed a criminal suspect had mental disabilities, the judge referred the individual to a doctor for mental evaluation. Based on a doctor’s recommendation–medical doctors sometimes lacked training in psychology–the court would either send the individual to a mental institution in Bamako or proceed with a trial.

The Ministry of Solidarity and Humanitarian Action is responsible for protecting the rights of persons with disabilities. The ministry sponsored activities to promote income-earning opportunities for persons with disabilities and worked with NGOs, such as the Malian Federation of Associations for Handicapped Persons, which provided basic services. Although the government was responsible for eight schools countrywide for deaf persons, it provided almost no resources or other support.

Other Societal Violence or Discrimination

Discrimination continued against persons with albinism. Some traditional religious leaders perpetuated the widespread belief that such persons possessed special powers that others could extract by bringing a traditional spiritual leader the blood or head of one. For example, in October 2019 a group of persons, including the victim’s husband, killed an albino pregnant woman in Kita on the orders of a traditional spiritual leader. Two of the perpetrators were arrested. As of December, the victim’s husband remained under arrest and the case remained pending. Singer-songwriter and albino activist Salif Keita noted that men often divorced their wives for giving birth to a child with albinism. Lack of understanding of the condition continued and impeded such persons’ lack of access to sunblock, without which they were highly susceptible to skin cancer. Keita founded the Salif Keita Global Foundation in 2006, which continued to provide free health care to persons with albinism, advocated for their protection, and provided education to help end their abuse.

On October 3, the Malian Association for the Protection of People with Albinism hosted a press conference in Bamako to demand authorities apply the 2017-21 regional action plan on albinism in Africa. While the plan aims to promote the rights of albinos in the country and across Africa, the association contended that since its adoption, authorities have struggled to apply it.

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