a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

On December 8, State Police shot and killed a man in Tirana who was violating a COVID-19 curfew. The officer who shot him was arrested and a prosecutor is investigating the killing. There were no other reports that the government or its agents committed arbitrary or unlawful killings. Civilian law enforcement agencies such as the State Police investigated whether civilian security force killings were justifiable and pursued prosecutions for civilian agencies. Military law enforcement conducted investigations of killings by the armed forces.

There were no reports of disappearances by or on behalf of government authorities.

While the constitution and law prohibit such actions, there were allegations that police and prison guards sometimes beat and abused suspects and prisoners, usually in police stations.

In the September 2019 report on its most recent visit in 2018 to a number of the country’s prisons and detention centers, the Council of Europe’s Committee for the Prevention of Torture reported receiving a significant number of allegations of mistreatment of criminal suspects by police officers. Most allegations involved use of excessive force at the time of or immediately following apprehension. Several allegations also concerned mistreatment during transport or initial questioning, apparently to extract a confession, obtain information, or as punishment. The alleged mistreatment consisted of slaps, punches, kicks, blows with a hard object, and excessively tight handcuffing.

The Service for Internal Affairs and Complaints (SIAC) received complaints of police abuse and corruption that led to investigations of police actions. The Office of the Ombudsman, an independent, constitutional entity that serves as a watchdog over the government, reported that most cases of alleged physical or psychological abuse during the year occurred during arrest and interrogation.

Impunity for police misconduct remained a problem, although the government made greater efforts to address it by increasing the use of camera evidence to document and prosecute police misconduct. The SIAC recorded an increase in the number of investigations, prosecutions, and sanctions against officers for criminal and administrative violations.

Poor physical conditions and a lack of medical care, particularly for mental health conditions, were serious problems, as was corruption. Conditions remained substandard in some police detention facilities outside of Tirana and other major urban centers.

As a result of the COVID-19 pandemic in March, the General Directorate of Prisons suspended family visits to reduce the spread of the virus. Authorities increased time for inmates’ telephone calls with their families and installed computers to enable communication through Skype. Lawyers could visit their clients but were required to use protective equipment and maintain physical distance. On March 23, the government granted a three-month leave to approximately 600 prisoners, allowing them to serve their sentences at home.

Physical Conditions: Overcrowding was a problem in some facilities. The Albanian Helsinki Committee (AHC) and the Office of the Ombudsman reported overcrowding in Zaharia prison in Kruje.

Prison and detention center conditions varied significantly by age and type of facility. Prisoners complained prison authorities left the lights on in their cells all day; this measure is required by law. Prison facilities in Kruja, Lushnja, Rrogozhina, Saranda, Lezha, and Tepelena were reported by the Office of the Ombudsman to have urgent infrastructure issues.

The Office of the Ombudsman and nongovernmental organizations (NGOs) reported that authorities held inmates with mental disabilities in regular prisons, where access to mental health care was inadequate. Since 2018 the Ministry of Justice and the Ministry of Health have tried to accommodate Zaharia inmates and detainees in the prison in Lezha. The AHC and ombudsman reported the government had not taken measures to turn the planned buildings in the Lezha prison into a special medical institution. The Ministry of Justice is constructing a prison for inmates over the age of 60 that is scheduled for completion in 2021.

With the exception of regional facilities in Tirana (excluding its commissariats, which are smaller units falling under regional police directorates), Durres, Gjirokaster, Kukes, Fier, and Korca, conditions in facilities operated by the Ministry of Interior, such as police stations and temporary detention facilities, were inadequate in some respects. Some detention facilities in remote areas were unheated during the winter, and some lacked basic hygienic amenities, such as showers or sinks. Facilities were cramped, provided limited access to toilets, and had little or no ventilation, natural light, or beds and benches. Camera monitoring systems were nonexistent or insufficient in most police stations. The ombudsman reported that detention facilities operated by the Interior Ministry were overcrowded mainly due to increased numbers of arrests for recently added criminal offenses and a lack of coordination with, and delays, including delays in setting trials, from the Ministry of Justice.

Administration: The ombudsman reported that prison and police officials generally cooperated with investigations. The General Directorate of Prisons received 173 complaints through November, mostly regarding employment decisions or corruption in the penitentiary system, while the ombudsman received 141 complaints from detainees and inmates through August, but did not refer any cases for prosecution.

Corruption continued to be a serious problem in detention centers, particularly in connection with access to work and special release programs. In 2018 the former general director of prisons, Arben Cuko, was arrested on corruption charges. In January the court closed the case against Cuko after reducing the charges several times. In July the director of Lushnja prison, Judmir Shurdhi, and another prison staff member were arrested for the unauthorized release of a convict. As of October, their case continued to be under investigation. Through July the General Directorate of Prisons reported that it had carried out disciplinary proceedings against 422 prison staff and had fired an additional 33. Through August the directorate dismissed six prison directors, and four more were under investigation.

In July the Assembly adopted legislation to minimize communications between organized crime and gang members in prison and their outside contacts to prevent them from running criminal organizations while incarcerated. Through August seven inmates were placed under this regime.

Through August the AHC reported one suspicious death in the Jordan Misja prison in Tirana, for which an inmate with a mental disability was charged and tried. The committee alleged prosecutors and judges in the case violated criminal procedures by denying the defendant the right to a lawyer and using excessive security measures on a person with a mental disability.

Independent Monitoring: The government generally allowed local and international human rights groups, the media, and international bodies such as the Committee for the Prevention of Torture to monitor prisons and detention facilities.

Due to the pandemic, the ombudsman and other organizations monitoring the penitentiary system were forced to telework. The ombudsman did not conduct physical inspections of prisons during the year.

Improvements: The ombudsman and the AHC confirmed an overall decrease in prison overcrowding due to new infrastructure and amnesties. Nevertheless some penitentiary facilities were still overcrowded.

The law and constitution prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these prohibitions.

The law requires that, except for arrests made during the commission of a crime, police arrest a suspect on criminal grounds with a warrant issued by a judge and based on sufficient evidence. There were no reports of secret arrests. By law, police must immediately inform a prosecutor of an arrest. The prosecutor may release the suspect or petition the court within 48 hours to hold the individual further. A court must also decide within 48 hours whether to place a suspect in detention, require bail, prohibit travel, or require the defendant to report regularly to police. Prosecutors requested, and courts ordered, detention in many criminal cases, although courts sometimes denied prosecutors’ requests for detention of well connected, high-profile defendants.

By law and based on a prosecutor’s request, the court has 72 hours to review pretrial detention status of a court-ordered arrest. Police may detain rather than formally arrest a suspect for a period not exceeding 10 hours. Due to overcrowding in the prison system, detainees, including juveniles, occasionally remained in police detention centers for longer than the 10-hour legal maximum.

The ombudsman reported that police used excessive force when arresting protesters who took part in rallies, mainly in Tirana. The ombudsman received several complaints of excessive use of force and injuries from tear gas during those protests and referred one case for prosecution. Protests against the municipality of Tirana’s demolition of the National Theater on May 17 resulted in 64 arrests, charged with disobeying law enforcement and participating in illegal gatherings (violating curfew imposed to counter the spread of COVID-19).

The constitution requires authorities to inform detainees immediately of their rights and the charges against them. Law enforcement authorities did not always respect this requirement. The law provides for bail and a system is operational; police frequently release detainees without bail, on the condition that they report regularly to the police station. Courts also often ordered suspects to report to police or prosecutors on a weekly basis. While the law gives detainees the right to prompt access to an attorney, at public expense if necessary, NGOs reported interrogations often took place without the presence of a lawyer. Authorities placed many suspects under house arrest, often at their own request, because they would receive credit for time served if convicted.

Arbitrary Arrest: The constitution and law prohibit arbitrary arrest and detention. Although the government generally observed these prohibitions, there were instances when police detained persons for questioning for inordinate lengths of time without formally arresting them.

Pretrial Detention: While the law requires completion of most pretrial investigations within three months, a prosecutor may extend this period. The law provides that pretrial detention should not exceed three years. Extended pretrial detention often occurred due to delayed investigations, defense mistakes, or the intentional failure of defense counsel to appear. The law authorizes judges to hold offending attorneys in contempt of court. Limited material resources, lack of space, poor court-calendar management, insufficient staff, and failure of attorneys and witnesses to appear prevented the court system from adjudicating cases in a timely fashion. As of August, 47 percent of the prison and detention center population was in pretrial detention.

Although the constitution provides for an independent judiciary, political pressure, intimidation, widespread corruption, and limited resources sometimes prevented the judiciary from functioning independently and efficiently. Court hearings were often not open to the public. Court security officers frequently refused to admit observers to hearings and routinely telephoned the presiding judge to ask whether to admit an individual seeking to attend a hearing. Some agencies disregarded court orders.

The government continued to implement an internationally monitored process to vet judges and prosecutors and dismiss those with unexplained wealth or ties to organized crime. As of November, 45 percent of judges and prosecutors who had undergone vetting had failed and been dismissed, 37 percent passed, and 18 percent resigned. As a result, the Constitutional Court had only four of nine judges seated for most of the year, depriving it of a quorum to decide on cases pending review. In December, parliament and the president added three more judges to the court, reaching a quorum of seven of nine judges. The Supreme Court had only three of 19 judges seated. Those judges did not constitute a quorum to decide cases but have begun to reduce the backlog of cases, which requires just three judges.

The politicization of past appointments to the Supreme Court and Constitutional Court at times threatened to undermine the independence and integrity of these institutions.

The implementation of justice reform provisions led to a pause in normal disciplinary processes while the country establishes independent disciplinary bodies. Since its establishment in February, the High Justice Inspectorate, which conducts disciplinary investigations, approved six decisions to start disciplinary investigations against magistrates. In July the High Justice Inspectorate initiated disciplinary proceedings on human rights violations against a prosecutor and submitted its findings to the High Prosecutorial Council.

The constitution and law provide for the right to a fair and public trial without undue delay. The law presumes defendants to be innocent until proven guilty. It provides for defendants to be informed promptly and in detail of the charges against them, with free interpretation as necessary. Defendants have the right to be present at their trial and to consult an attorney. If they cannot afford one, an attorney is to be provided at public expense. The law provides defendants adequate time and facilities to prepare a defense and access to interpretation free of charge. Defendants have the right to confront witnesses against them and to present witnesses and evidence in their defense. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal. The government generally respected these rights, although trials were not always public and access to an attorney was at times problematic. To protect the rights of defendants and their access to the evidence against them, a prosecutor must petition a preliminary hearing judge and make a request to send the case to trial.

There were no reports of political prisoners or detainees.

While individuals and organizations may seek civil remedies for human rights violations, courts were susceptible to corruption, inefficiency, intimidation, and political tampering. These factors undermined the judiciary’s authority, contributed to controversial court decisions, and led to an inconsistent application of civil law. Courts have taken steps to address the issue by using audio recording equipment. Despite the statutory right to free legal aid in civil cases, NGOs reported that very few individuals benefitted from this during the year. The Ministry of Justice established the Free Legal Aid Directorate, law clinics at state universities, an online platform during the COVID-19 pandemic, and a telephone line to request free legal aid to address these issues.

Claimants who had exhausted remedies in domestic courts could appeal to the European Court of Human Rights (ECHR). In many cases authorities did not enforce ECHR rulings, especially those concerning the right to a fair trial. The Office of the Ombudsman expressed its concern about the increasing number of cases before the ECHR, the country’s low rate of compliance with judicial decisions, and the failure to execute the final rulings of courts and the ECHR.

Persons who were political prisoners under the former communist regime continued to petition the government for compensation. The government made some progress on disbursing compensation during the year.

The Office of the Ombudsman and NGOs reported that some claimants struggled to obtain due process from the government for property claims. Thousands of claims for private and religious property confiscated during the communist era remained unresolved with the Agency for the Treatment of Property. Claimants may appeal to the ECHR, and many cases were pending ECHR review. The ombudsman reported that as of June, 39 cases against the state were before the ECHR, involving millions of euros in claims. The ombudsman reported that the government generally paid judgements against the state according to the timeframe set by the ECHR. The Assembly enacted legislation in April that allows owners to claim restitution or compensation for agricultural property the communist government collectivized.

The country endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010. It does not have any restitution or compensation laws relating to Holocaust-era confiscation of private property. Under the law, religious communities have the same restitution and compensation rights as natural or legal persons. The government reported no property claims had been submitted by victims of the Holocaust.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

The constitution and laws prohibit arbitrary or unlawful interference with privacy, family, home or correspondence, but there were reports that the government failed to respect those prohibitions. The Tirana Prosecution Office referred two cases to trial after conducting investigations.

Women

Rape and Domestic Violence: Rape, including spousal rape, is a crime; the law also includes provisions on sexual assault. Penalties for rape and sexual assault depend on the age of the victim. For rape of an adult, the penalty is three to 10 years in prison. The government did not enforce the law effectively. Authorities did not disaggregate data on prosecutions for spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime.

The law on domestic violence extends protection to victims in a relationship or civil union and provides for issuance of a protective order that automatically covers children as well. In November the Assembly amended the law to provide for ordering the abuser to leave the premises of the victim. Police operated an automated application issuance process within the police case management system, which allows for rapid issuance of protective orders and produces a record of orders issued. Through November the system was used to document the generation of 2,324 protective orders.

In April the Ministry of Health and Social Protection approved a protocol for operating shelters for victims of domestic violence and trafficking during the COVID-19 pandemic. The protocol provides services to victims of domestic violence and trafficking while following guidance on social distancing. The ministry posted a video message reminding citizens to report any case of suspected domestic violence and provided a hotline and police number on its web page.

As of November, investigators and prosecutors had registered 81 cases of alleged sexual assault. Also through November, investigators and prosecutors registered 4,313 cases of domestic violence, six of which were murders. UNICEF reported 370 cases of domestic violence through August, with fewer cases referred in 2020 than in 2019. NGOs reported high levels of domestic violence against women. According to a 2018 survey of women between the ages of 18 and 74 that the UN Development Program released in March 2019, 52.9 percent of women surveyed reported having been subjected to violence or sexual harassment during their lifetimes.

The government operated one shelter to protect survivors of domestic violence and three shelters for victims of human trafficking that also accommodated victims of domestic violence. In 2018 the government began operating a crisis management center for victims of sexual assault at the Tirana University Hospital Center. The Ministry of Health and Social Protection reported that as of December, the center had treated 20 victims, 14 of whom were minors.

Sexual Harassment: The law prohibits sexual harassment, but officials rarely enforced it. The commissioner for protection from discrimination generally handled cases of sexual harassment and could impose fines.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. There are no legal barriers to access to contraceptives, which are provided free of charge to insured women. Nevertheless, women and girls often did not use this right for a variety of reasons, including fear of stigma from health-care service providers and members of their community. Some women and girls, particularly those living in remote, rural areas, faced significant challenges in accessing essential sexual and reproductive health services. Women from disadvantaged and marginalized groups, such as women with disabilities, LGBTI community members, Roma, and Balkan Egyptian women, were often unaware of their rights to reproductive health services.

In 2018 the Ministry of Health and Social Protection established the Lilium Center with the support of UNDP to provide integrated services to survivors of sexual violence. The center is in a hospital setting and provides health care services, social services, and forensic examinations at a single location by professionals trained in cases of sexual violence. The center functions are based on the model adopted by the Albanian National Council for Gender Equality.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides the same legal status and rights for women as for men, but the government did not enforce the law effectively. Women were underrepresented in many fields at the highest levels. The law mandates equal pay for equal work, although many private employers did not fully implement this provision. In many communities, women experienced societal discrimination based on traditional social norms subordinating women to men.

There were reports of discrimination in employment. Through August the commissioner for protection from discrimination received 83 complaints of employment discrimination, 54 of which were against public entities and 29 against private entities. The complaints alleged discrimination based mainly on political affiliation, health conditions, or disability. The commissioner ruled in favor of the employee in nine cases, five of which were against public entities and four against private entities. Through August the commissioner had received 11 complaints of discrimination on the basis of gender and ruled in favor of the employee in one case. In that case, the commissioner for protection from discrimination ruled against the Trans Adriatica Spiecapag company for dismissing a female employee due to her pregnancy, status as a parent, and gender.

Gender-biased Sex Selection: According to official figures, in 2019 the ratio of boys to girls at birth was 108 to 100. There were no government-supported efforts to address the imbalance.

Birth Registration: An individual acquires citizenship by birth in the country or from a citizen parent. There were no reports of discrimination in birth registration, but onerous residency and documentation requirements for registration made it more difficult for the many Romani and Balkan-Egyptian parents who lacked legally documented places of residence to register their children. The law on civil status provides financial incentives for birth registration.

Children born to internal migrants, including some Romani families, or those returning from abroad, frequently had no birth certificates or other legal documents and consequently were unable to attend school or have access to services.

Education: School attendance is mandatory through the ninth grade or until the age of 16, whichever occurs first, but many children, particularly in rural areas, left school earlier to work with their families. Parents must purchase supplies, books, uniforms, and space heaters for some classrooms; these were prohibitively expensive for many families, particularly Roma and members of other minorities.

Children in first through fourth grade are legally entitled to free textbooks. Because of the need to use online class delivery during the pandemic, the government offered free schoolbooks to students from the first to the seventh grade; children with special needs were eligible for free schoolbooks from the first through the twelfth grade.

Child, Early, and Forced Marriage: Although the legal minimum age for marriage is 18, authorities did not always enforce the law. Underage marriages occurred mostly in rural areas and within Romani communities.

Sexual Exploitation of Children: Penalties for the commercial sexual exploitation of a child range from eight to 15 years’ imprisonment. The country has a statutory rape law; the minimum age for consensual sex is 14. The penalty for statutory rape is a prison term of five to 15 years. In aggravated circumstances, the penalty may increase to life imprisonment. The law prohibits making or distributing child pornography, which is punishable by imprisonment for three to 10 years. Possession of child pornography is also illegal.

Authorities generally enforced laws against rape and sexual exploitation of minors effectively, but NGOs reported that they rarely enforced laws prohibiting child pornography. The government reported that as of November, 13 children had been sexually exploited none of them involving pornography. In early June, reports emerged of a 14-year-old girl who was raped and later sexually exploited; videos of the abuse were posted online. The case has gone to trial.

Displaced Children: There were many displaced and street children, particularly in the Romani community. Some street children begged and some of them became trafficking victims. Since the law prohibits the prosecution of children younger than 14 for burglary, criminal gangs at times used displaced children to burglarize homes.

Institutionalized Children: NGOs considered the migrant detention facility in Karrec to be unsuitable for children and families. The government made efforts to avoid sending children there, sending them instead to the open-migrant facility in Babrru.

Some NGOs raised concerns about the transparency of the treatment of children who were under state residential care. The law allows for moving children out of residential centers and into the care of foster families, but the government and municipalities have not used this option frequently.

Through August the General Directorate of Prisons reported that there were 17 juveniles in the justice system, none of whom had been convicted. The country lacked adequate facilities for pretrial detention of children, although the Juvenile Institute in Kavaja, the only institution in the country for juvenile offenders, was adequate for the population it served. The directorate reported that the number of minors in pretrial detention and detention facilities had decreased because of alternative sentencing.

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.

Reports indicated that there were 40 to 50 Jews living in the country. There were no reports of anti-Semitic acts. In September Valentina Leskaj, a former government minister, joined the Combat Anti-Semitism Movement Advisory Board, becoming its first Muslim member.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Nevertheless, employers, schools, health-care providers, and providers of other state services at times engaged in discrimination. The law mandates that new public buildings be accessible to persons with disabilities, but the government only sporadically enforced the law.

As of August the commissioner for protection from discrimination had received two complaints of alleged discrimination against individuals with disabilities and ruled in favor of the complainants in five cases. In one case the commissioner ruled against the local education office in Elbasan for refusing to hire a teacher because of her disability.

The government sponsored social services agencies to protect the rights of persons with disabilities, but these agencies lacked funding to implement their programs adequately. Resource constraints and lack of infrastructure made it difficult for persons with disabilities to participate fully in civic affairs. Voting centers often were in facilities that lacked accessibility or other accommodations. A 2018 study by World Vision and Save the Children reported that none of the 10 municipalities surveyed had a plan to eliminate barriers to information, communication, and mobility for persons with disabilities, or a dedicated budget to address the problem.

There were allegations of discrimination against members of the Romani and Balkan-Egyptian communities, including in housing, employment, health care, and education. Some schools resisted accepting Romani and Balkan-Egyptian students, particularly if the students appeared to be poor. Many schools that accepted Romani students marginalized them in the classroom, sometimes by physically setting them apart from other students.

As of August, the commissioner for protection from discrimination had received 12 complaints of discrimination on grounds of race and ethnicity, ruling in favor of the complainant in two cases. In one case the commissioner ruled against Fier municipality and its water and sewage utility for discriminating against Romani households. The commissioner ordered the municipality and utility to supply running water to the families. When the municipality and utility did not respond, the commissioner imposed fines.

The government adopted legislation on official minorities in 2017 but has not passed all the regulations needed for its implementation. The law provides official minority status for nine national minorities without distinguishing between national and ethnolinguistic groups. The government defined Greeks, Macedonians, Aromanians (Vlachs), Roma, Balkan-Egyptians, Montenegrins, Bosnians, Serbs, and Bulgarians as national minorities. The legislation provides for minority language education and dual official language use for the local administrative units in which minorities traditionally reside or in which a minority makes up 20 percent of the total population. The ethnic Greek minority complained about the government’s unwillingness to recognize ethnic Greek communities outside communist-era “minority zones.”

The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak. As of August, the commissioner for protection from discrimination had received one case of discrimination based on sexual orientation, which the commission started ex officio and ruled that discrimination had occurred.

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 lesbian, gay, bisexual, transgender, and intersex rights, public officials sometimes made homophobic statements.

The law prohibits discrimination against individuals with HIV or AIDS. The Association of People Living with HIV or AIDS reported that stigma and discrimination caused individuals to avoid getting tested for HIV, leading to delayed diagnosis and consequently delayed access to care and support. Persons living with HIV or AIDS faced employment discrimination, and children living with HIV faced discrimination in school.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. Judicial authorities investigated whether security force killings were justifiable and pursued prosecutions.

There were no reports of disappearances by or on behalf of government authorities.

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Impunity was not a significant problem in the security forces.

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted visits by independent human rights observers.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

The law requires warrants for arrest. Police may legally detain persons for 48 hours without a hearing, and police generally observed this time limit. A judge has up to 24 hours to charge or release the detainee. Police promptly informed detainees of charges against them. A bail system exists. The law provides detainees the right to legal counsel from the moment of arrest. Persons charged with a crime may choose their own lawyers or accept one designated by the government.

Pretrial Detention: The law provides that the duration of provisional detention may not exceed four months. The judge may, by means of a reasoned decision, extend its duration for the same amount of time. The duration of the provisional detention may not exceed half the maximum penalty prescribed by the criminal code for the offenses for which it has been ordered. According to the law, once the case has been sent to court, the duration of the pretrial detention cannot exceed six months (minor offenses) or 12 months (serious offenses). The slow pace of the justice system and lack of human resources often result in lengthy detentions beyond the period stipulated by law. In August a group of prisoners and their families denounced the abusive overuse and extended lengths of pretrial detention. As of July, 57 percent of all prisoners were in pretrial detention, on average for 492 days.

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution and law provide for the right to a fair public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence and receive prompt, detailed notification of the charges against them. Trials are fair and public. Defendants have the right to be present at their trial and to consult in a timely manner with an attorney of their choice. If a defendant cannot afford an attorney, the government must appoint a public attorney. Defendants and their attorneys have adequate time and facilities to prepare a defense. The government provides an interpreter, if needed, from the moment of being charged through all appeals. Defendants can confront or question witnesses against them and present witnesses and evidence on their behalf. Defendants cannot be compelled to testify or confess guilt, and they have the right to appeal.

There were no reports of political prisoners or detainees.

Plaintiffs may bring lawsuits seeking damages for, or cessation of, a human rights violation. Individuals and organizations may appeal adverse domestic decisions to the European Court of Human Rights. The national ombudsman also serves to protect and defend basic rights and public freedom on behalf of citizens.

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, both of which are punishable by up to 15 years’ imprisonment. It penalizes domestic physical or psychological violence with a prison sentence of up to three years. Authorities enforced the law effectively.

The government’s Service for the Assistance of Victims of Gender Violence assisted 236 persons. This represented a 68-percent increase in reported cases. Most of the reported cases occurred during the government lockdown from March through May in response to the COVID-19 pandemic. The Service provided comprehensive medical and psychological services as well as legal assistance to victims of gender violence and domestic violence. In addition the government placed abused women and their children in a shelter, in a hotel, or with voluntary foster families. The national hotline for victims continued to function as a 24-hour service. Victims of domestic and gender-based violence could also report abuse by saying the words “purple code” to hospital workers or law enforcement agents activate all relevant assistance protocols. Victims could also request help from nongovernmental organizations (NGOs) Andorran Women’s Association (ADA), Accio Feminista Andorra, and Stop Violencies Andorra. In June the Ministry of Social Affairs, Housing, and Youth signed a memorandum of understanding with Accio Feminista Andorra to establish a victim’s assistance collaboration framework.

The Department of Equality Policies, which promotes and develops programs to prevent and fight against gender and domestic violence as well as any other forms of inequality, provided training on gender violence for journalists of the main national media outlets, social workers in the national and municipal administrations, and law enforcement agents.

Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three-months’ to three years’ imprisonment. As of the end of August, no cases were reported to authorities. Victims were reluctant to file a complaint due to fear of reprisal.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of governmental authorities.

Discrimination: The law prohibits discrimination privately or professionally with fines up to 24,000 euros ($28,800). The government enforced the law effectively.

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

Children are registered at birth.

Child Abuse: The law punishes child abuse with three months’ to six years’ imprisonment. The government’s Specialized Child Protection Team, consisting of three social workers, five psychologists and two social educators, intervened in situations where children and young persons were at risk or lacked protection, and it collected data on cases of child abuse. As of July authorities assisted 246 minors at risk, of whom 16 lived in a shelter designated for them.

The Ministry of Social Affairs approved a new protocol for the protection of minor victims of child abuse, sexual aggression, or physical abuse during judicial proceedings. The aim of the new protocol is to avoid double victimization of the children.

Child, Early, and Forced Marriage: The minimum legal age of marriage is 16 for girls and boys and as young as 14 with judicial authorization.

Sexual Exploitation of Children: The penalty for statutory rape is 15 years’ imprisonment, the same as for rape in general. The law bans slavery and servitude with a maximum of 12 years’ imprisonment and trafficking in persons for the purpose of slavery and servitude with a maximum of six years.

The law punishes anyone who manages or finances premises used for prostitution; who aids, abets, or fosters prostitution; or who incites another person to engage in prostitution by means of violence or intimidation or based on need, superiority, or deceit.

Child pornography is illegal and carries a prison sentence of up to four years. The minimum age of sexual consent is 14 years.

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.

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

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

The law prohibits discrimination against persons with disabilities. The Ministry of Social Affairs, Housing, and Youth received requests for psychological, social, and legal assistance from persons with disabilities.

The Service for Personal Autonomy within the Ministry of Social Affairs, Housing, and Youth supports persons with disabilities and their families. Local civil society organizations continued to identity as the primary concern for persons with disabilities accessibility for persons with disabilities and their entry into the workforce.

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, Housing, and Youth 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.

The Ministry of Social Affairs, Housing, and Youth and the NGO Diversand together launched an awareness campaign through social media platforms to foster diversity and tolerance. The campaign aimed at raising the visibility of the lesbian, gay, bisexual, transgender, and intersex community with special emphasis on transgender children.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

The government or its agents committed arbitrary or unlawful killings. The national police and Angolan Armed Forces (FAA) have internal mechanisms to investigate security force abuses, and the government provided some training to reform the security forces.

Several killings occurred after the government enacted measures to combat COVID-19, referred to by presidential decree as the “state of emergency” in May and “state of calamity” in June, which required police and the armed forces to guarantee compliance with measures including wearing masks, physical distancing, and restrictions on citizens’ movements. Credible reports between May and July documented that security forces killed at least seven persons while enforcing COVID-19 restrictions.

On August 22, a team of police officers and Angolan army soldiers approached a group of young men in Zango 3, in the Viana municipality of the capital of Luanda, for failure to wear masks. One of the young men tried to escape to his home 30 feet away, and a soldier shot him in the back and killed him. According to the Luanda Provincial Command, the Criminal Investigation Service and the Military Judiciary detained the soldier and summoned the team to provide testimony regarding the shooting.

On September 1, pediatric doctor Silvio Dala died while in police custody after his arrest for driving his car without wearing a face mask. According to police, Dala was driving alone when stopped by police and taken to a police station where he fainted and hit his head. Police stated the trauma from the fall caused extensive bleeding and Dala died en route to the hospital. The autopsy concluded that Dala died of natural causes.

Police declared Dala was arrested because he violated the requirement to wear a face mask inside vehicles and because the police wanted to ensure Dala would pay a token fine at the site of his arrest. The Angolan Medical Union, several members of parliament, and numerous social media postings objected to the official police version of Dala’s death. The subsequent public outcry after Dala’s death contributed to the government ending the requirement to wear face masks inside vehicles when the driver is alone.

On November 11, during a protest in Luanda to demand better living conditions and local elections, Inocencio de Matos, age 26, was killed when police attempted to disperse demonstrators. Police took him to the hospital where he was treated by a medical team but subsequently died. Witnesses said that police shot and killed him. According to the autopsy report, he died of “physical aggression with a nonspecified object.”

There were no reports of disappearances by or on behalf of government authorities.

The constitution and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions.

Periodic reports continued of beatings and other abuses both on the way to and inside police stations during interrogations. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender (Ombudsman).

Several reports indicated that police used excessive force to enforce the state of emergency implemented to combat COVID-19. On March 30, a video shared widely on social media showed police beating several men with nightsticks while the men laid prostrate on the ground inside a police station.

On October 24, a peaceful demonstration against the government demanding employment and local elections was violently repressed with several persons injured, 103 persons detained on charges of disobedience, and unsubstantiated reports of two persons killed. According to one human rights lawyer, Salvador Freire, some of the detainees, in particular the organizers of the demonstration, were subjected to harsh and violent treatment while in custody.

Prison and detention center conditions were harsh and life threatening due to overcrowding, a lack of medical care, corruption, and violence.

Physical Conditions: The director of the Institutional and Press Communication Office of the Ministry of Interior, Waldemar Jose, said the country’s 40 prisons are overcrowded. Prisons have a total capacity for 21,000 inmates but hold more than 26,000 inmates, with half of those inmates held in pretrial detention. Jose said the prison system holds an excessive number of prisoners in pretrial detention due to a backlog of criminal cases in the court system.

Authorities frequently held pretrial detainees with sentenced inmates. Authorities also held short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons. Inmates who were unable to pay court-ordered fines remained in prison after completing their sentence or while awaiting release warrants issued by higher courts. Many prisoners were held in pretrial detention longer than permitted under law, which ranges from four to 14 months depending on the severity and complexity of the alleged crime.

On June 23, a sub-attorney general said that in Malanje province, many criminal files sit on judges’ desks awaiting a court hearing, while higher court judges delay issuing a release warrant, leading to overcrowding in local prisons.

The director of Luzia jail in Saurimo in Lunda Sul province, said the jail held two inmates in pretrial detention for more than five years. The jail also held many prisoners who had served their sentence and awaited a release warrant.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and had better rehabilitation, training, and reintegration services. There were no reports of cases of deaths in prisons related to the physical conditions of jails. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local nongovernmental organizations (NGOs) stated prison services were insufficient.

One human rights lawyer described the conditions at the Cabinda civil jail, where three of his constituents are in pretrial detention, as terrible. He said prisoners had no potable water for drinking or bathing; prisoners defecated in the same location where they ate; eight inmates shared a single cell, and others were obliged to sleep in the corridors. There was no social distancing to prevent the spread of COVID-19.

Administration: The government investigated and monitored prison and detention center conditions. Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom, but it was unclear how prevalent this practice was.

Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons by impeding their ability to enter the prisons.

Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. According to the Ministry of Justice and Human Rights, ministry representatives made monthly visits to detention centers with representatives of the Office of the Public Defender, the Attorney General’s Office (PGR), and members of the National Assembly to assess prisoners’ living conditions. Members of the National Assembly conducted independent visits to prisons. On February 27, parliamentarians visited the Peu-Peu jail in Cunene province.

Improvements: Following the “state of emergency” for COVID-19 that took effect on March 27, the PGR released approximately 1,000 detainees held in pretrial detention who did not present a danger to the community. The PGR said the release was conducted to improve prison conditions that had deteriorated due to the overcrowding of inmates in the prison system.

The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions. The constitution provides the right of habeas corpus to citizens to challenge their detention before a court.

According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, although the constitution protects the right to protest. While they often released detainees after a few hours, police at times charged them with crimes.

The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.

By law, prosecutors must inform detainees of the legal basis for their detention within 48 hours. NGO sources reported authorities often did not respect the law. If prosecutors are unable to determine whether there is a legal basis for the detention within 48 hours, prosecutors have the authority to release the person from detention. Depending on the seriousness of the case, prosecutors may require the detained person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.

If prosecutors determine a legal basis exists for the detention, a detained person may be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the case. Cases of special complexity regarding crimes for which conviction is punishable by eight or more years allow for pretrial detention without charge for up to six months, and up to 14 months before a judge is required to rule on the case. By law the period of pretrial detention counts as time served in fulfillment of a sentence of imprisonment.

The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro bono basis. The lack of lawyers in certain provinces at times impeded the right to a lawyer. There was an insufficient number to handle the volume of criminal cases, and the geographical distribution of lawyers was a problem, since most lawyers were concentrated in Luanda. Lawyers and NGOs noted that even in Luanda, most poor defendants did not have access to lawyers during their first appearance before a judicial authority or during their trial. When a lawyer is unavailable, a judge may appoint a clerk of the court to represent the defendant, but clerks of the court often lacked the necessary training to provide an adequate defense.

A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.

The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law requires detainees be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.

On March 27, prison authorities suspended all visits to detainees and inmates due to the “state of emergency” for COVID-19. Prison officials allowed lawyers to visit clients and allowed relatives to receive information about family members in custody. The suspension of visits continued through May 25 when the subsequent “state of calamity” entered into force. Presidential Decree 142/20 published on May 25 provided that visits to inmates were allowed on June 29, July 13, and July 27 for separate classes of inmates. Subsequent updates to the “state of calamity” on July 7, August 9, and September 9 did not mention visits to prisons. As of December there were no additional provisions that allowed families to visit their relatives in prison.

The wife of an inmate in the Kakila prison said that since the “state of emergency” began she could no longer visit or contact her husband and that she was only able to leave food at the front gate of the jail to be delivered to her husband. She said prisoners at Kakila jail lacked running water for more than one month.

Arbitrary Arrest: During the year there were instances in which security forces reacted violently to public demonstrations against the government. The visible presence of security forces was enough to deter significantly what the government deemed unlawful demonstrations. Government authorities claimed known agitators, who sought to create social instability, organized many of the public demonstrations.

On August 5, in the Dande municipality of Bengo province, police arrested four activists (Domingos Periquito, Domingos Jaime, Gomes Hata, and Manuel Lima) who attempted to organize a protest against the lack of potable water. Domingos Jaime, a rapper known as Jaime MC, was hit by a police vehicle and later taken to the hospital. Police charged the activists for failure to wear face masks, but a judge dismissed the charges. Following the dismissal, Criminal Investigation Services returned the activists to the police who filed new charges for disobedience to authorities. The activists were convicted and given a one month suspended sentence converted to a fine. The activists had no money to pay the fine and remained in police custody until they were able to collect the fine amount.

On October 24, 103 persons were arrested in Luanda during a peaceful demonstration demanding improved employment conditions and local elections. Among those detained were persons from the surrounding area who were forcibly taken into custody without having participated in the demonstration. Of the 103 persons detained, six were released before trial, 26 were acquitted, and 71 were convicted of disobedience and fined.

Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases authorities held inmates in prison for up to five years in pretrial detention. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime.

The constitution and law provide for an independent and impartial judiciary. The judicial system was effected by institutional weaknesses including political influence in the decision-making process. The Ministry of Justice and Human Rights and the PGR worked to improve the independence of prosecutors and judges. The National Institute for Judicial Studies conducted capacity-building programs to foster the independence of the judicial system.

There were long trial delays at the Supreme Court, in part because the court remained the only appellate court in the country. A 2015 law established another level of appellate courts to reduce delays. Two of these courts were inaugurated in Benguela and Lubango but were not operating at year’s end. Criminal courts also had a large backlog of cases that resulted in major delays in hearings.

Informal courts remained the principal institutions through which citizens resolved civil conflicts in rural areas, such as disputes over a bartering deal. Each community in which informal courts were located established local rules, creating disparities in how similar cases were resolved from one community to the next. Traditional community leaders (known as sobas) also heard and decided local civil cases. Sobas do not have the authority to resolve criminal cases, which only courts may hear.

Both the national police and the FAA have internal court systems that generally remained closed to outside scrutiny. Although members of these organizations may be tried under their internal regulations, cases that include violations of criminal or civil laws may also fall under the jurisdiction of provincial courts. Both the PGR and the Ministry of Justice and Human Rights have civilian oversight responsibilities over military courts.

Although the law provides all citizens the right to a fair trial, authorities did not always respect this right. Defendants enjoy the right to a presumption of innocence until proven guilty. Authorities must inform defendants of the charges levied against them in detail within 48 hours of their detention. Defendants have the right to free language interpretation during all legal proceedings, from the moment of being charged through the close of all appeals.

In July the National Assembly unanimously approved a new procedural penal code to clarify the roles of each party in the judicial process, introduce rules that speed up judicial processes, and provide new procedural rules for both claimants and defendants.

By law trials are usually public, although each court has the right to close proceedings. Defendants have the right to be present and consult with an attorney, either chosen by them or appointed by the state, in a timely manner. According to the Ministry of Justice and Human Rights all public defenders are licensed lawyers. Defendants do not have the right to confront their accusers. They may question witnesses against them and present witnesses and evidence on their own behalf. Defendants have the right to sufficient time and facilities to prepare a defense. The law protects defendants from providing self-incriminating testimony. Individuals have the right to appeal their convictions. Authorities did not always respect these trial procedure rights.

A separate juvenile court hears cases of minors between the ages of 12 and 16 accused of committing a criminal offense. Minors older than 16 accused of committing a criminal offense are tried in regular courts. In many rural municipalities, there is no provision for juvenile courts, so offenders as young as 12 may be tried as adults. In many cases traditional leaders have state authority to resolve disputes and determine punishments for civil offenses, including offenses committed by juveniles. The constitution defines traditional authorities as ad hoc units of the state.

The president appoints Supreme Court justices for life terms without confirmation by the National Assembly. The Supreme Court generally hears cases concerning alleged political and security crimes.

In Cabinda province authorities detained three activists of the Cabinda Independence Union on June 28 and 29. Authorities detained Mauricio Gimbi, Andre Bonzela, and Joao Mampuela and accused the men of carrying pamphlets with the slogans, “Down to arms, down to the war in Cabinda”; “Cabinda is not Angola”; and “We want to talk”. The men appeared before a government attorney on June 30 who ordered their pretrial detention. Authorities subsequently charged the men with rebellion and criminal association.

The lawyer for the men, Arao Tempo, appealed the pretrial detention. On August 21, the Provincial Court of Cabinda decided to hold Gimbi and Mampuela in pretrial detention and release Bonzela pending the payment of a substantial fine. Tempo said the fine would be an impossible sum to pay due to the poor social and economic conditions of the Cabindan people. The three activists remained in jail. On November 15, human rights lawyer and head of the pro bono organization Associacao Maos Livres, demanded their release.

Damages for human rights abuses may be sought in provincial courts and appealed to the Supreme Court. During the year the National Assembly approved a new procedural penal code that allowed victims of human rights abuses to seek compensation from the state. The rules provide that the state must compensate victims who are illegally detained or arrested, are under excessively long pretrial detention, are not released in due time against a legal provision or a court decision, or are victim of a gross judicial error. Public agents responsible for actions that abuse human rights should in turn compensate the state.

SOS Habitat brought a lawsuit alleging that the government failed to comply with a judicial decision to compensate a victim of an unlawful killing. The NGO sued on behalf of the family of Rufino Antonio, age 14, who was killed by soldiers in August 2016 while protesting against the demolition of a neighborhood in the Zango area of Luanda province. The Luanda Military Court sentenced four soldiers to prison terms ranging between one and 18 years in prison, and ordered each soldier to pay a compensation fee to Rufino’s family of 1,000,000 kwanzas ($1,740). The family has not received the payments from the government or the convicted soldiers.

The constitution recognizes the right to housing and quality of life, and the law states that persons relocated should receive fair compensation. The constitution recognizes the right to private property and establishes that the state protects the property rights of all citizens, including of local communities, only allowing expropriation for reasons of public use. The constitution also provides that all untitled land belongs to the state, with no exceptions for pastoralists or traditional societies.

In the municipality of Quipungo in Huila province, farmers and herders of the Kakoi-Mangango community said their land was taken by the communal administrator of Cainda without notice and given to farmer Fernando Abilio Lumbamba. The local farmers tried to protest to the municipal authorities but were threatened with arrest by the communal administrator, who said the land in question belonged to the state. One local NGO wrote a letter on behalf of the local farmers to the Huila governor Luis Nunes denouncing the expropriation of the land.

The constitution and law prohibit the arbitrary or unlawful interference of privacy, family, home, or correspondence, but the government did not always respect these prohibitions. Civil organizations and politically active individuals, including government critics, members of opposition parties, and journalists, complained that the government maintained surveillance of their activities and membership. These groups also frequently complained of threats and harassment based on their affiliations with groups that were purportedly or explicitly antigovernment.

Women

Rape and Domestic Violence: Rape, including spousal rape and intimate partner rape, is illegal and punishable by up to eight years’ imprisonment if convicted. Limited investigative resources, poor forensic capabilities, and an ineffective judicial system prevented prosecution of most cases. The Ministry of Justice and Human Rights worked with the Ministry of Interior to increase the number of female police officers and to improve police response to rape allegations.

The law criminalizes domestic violence and penalizes offenders with prison sentences of up to eight years and monetary fines, depending on the severity of their crime. The Ministry of Justice and Human Rights maintained a program with the Angolan Bar Association to give free legal assistance to abused women and established counseling centers to help families cope with domestic abuse.

The government reported that cases of domestic violence increased during the period of confinement due to COVID-19. According to a Ministry of Social Action, Family and Promotion of Women (MASFAMU) report between March and May, 567 cases of domestic violence were reported in the second trimester of 2020 versus 444 reported cases in the first trimester. The NGO Gender Observatory started a campaign called “Quarantine without Violence” and urged the National Police to create a hotline for cases of domestic violence. In May MASFAMU launched a partnership with the UN to support a crisis hotline to help victims of gender-based violence.

Other Harmful Traditional Practices: There were anecdotal reports that some communities abused women and children due to accusations the latter practiced witchcraft. The Ministry of Culture and the National Institute for Children (INAC) had educational initiatives and emergency programs to assist children accused of witchcraft.

Sexual Harassment: Sexual harassment was common and not illegal. It may be prosecuted, however, under assault and battery and defamation statutes.

Reproductive Rights: Couples and individuals have the right to freely decide the number, spacing, and timing of their children, free from discrimination, coercion, or violence. Persons living in rural areas faced more barriers to access of sexual and reproductive health services than urban dwellers due to a lack of resources and health programs in those areas. According to 2015-16 World Health Organization (WHO) data, 62 percent of women between the ages of 15 and 49 made their own informed decisions regarding reproductive health care, contraceptive use, and sexual relations. Some cultural views, such as the view that women have a responsibility to have children, and religious objections to using contraception, limited access to reproductive health services. According to the UN Population Fund, the country has favorable laws relating to contraceptive services and access to emergency contraception with no restrictions. The WHO reported there were four nursing and midwifery personnel per 10,000 inhabitants in the country (2010-2018 data). For survivors of sexual violence, the law on domestic violence provides for legal and medical assistance, access to shelter spaces, and priority care assistance to obtain legal evidence of the crime. A specific department of the Angolan National Police investigates crimes against women and children.

According to a 2017 WHO report, the country’s maternal mortality rate was 241 deaths per 100,000 live births, which was a significant reduction from 431 deaths in 2007 and 827 deaths in 2000. High maternal mortality was due to inadequate access to health facilities before, during, and after giving birth, a lack of skilled obstetric care, and early pregnancy. The WHO data reported a high adolescent birth rate of 163 births per 1,000 women between the ages of 15 and 19. According to 2010-19 data, 30 percent of women of reproductive age had their need for family planning satisfied with modern methods. No known instances of female genital mutilation have been reported in the country in recent years. UNICEF reported in 2016 that 50 percent of births in the country were attended by skilled health personnel.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. During the year the Angolan branch of Universal Church of the Kingdom of God (IURD) had a public split with the church’s Brazilian leadership. On June 23, a group of Angolan IURD pastors took control over some of the 230 IURD temples in the country after accusing the Brazilian leadership of racism and harassment, including forced vasectomies of Angolan IURD pastors or mandatory abortions if an IURD pastor’s wife became pregnant. Both groups pressed charges against each other, which led to the closure and seizure of at least seven temples in Angola by the attorney general’s office on charges of money laundering. At year’s end, criminal investigations continued.

Discrimination: Under the constitution and law, women enjoy the same rights and legal status as men. The government, however, did not enforce the law effectively as societal discrimination against women remained a problem, particularly in rural areas. Customary law prevailed over civil law, particularly in rural areas, and at times had a negative effect on a woman’s legal right to inherit property.

The law provides for equal pay for equal work, although women generally held low-level positions. There were legal restrictions on women’s employment in occupations and industries compared to men, including in jobs deemed hazardous, factory jobs, and those in the mining, agriculture, and energy sectors. The Ministry of Social Assistance, Family, and Promotion of Women led an interministerial information campaign on women’s rights and domestic abuse, and hosted national, provincial, and municipal workshops and training sessions.

Birth Registration: Citizenship is derived by birth within the country or from one’s parents. The government does not register all births immediately. According to the 2014 census, approximately 13.7 million citizens (46 percent of the population) lacked birth registration documents. During the year the government continued programs to improve the rate of birth registration through on-site registries located in maternity hospitals in all 18 provinces with a campaign called “Born with Registration.” The government also trained midwives in rural areas to complete temporary registration documents for subsequent conversion into official birth certificates. The government permitted children to attend school without birth registration, but only through the sixth grade. The government implemented a mass registration process to issue identification (ID) cards with the goal of providing government-issued IDs to all citizens by the end of 2022.

Education: Education is tuition free and compulsory for documented children through the ninth grade. Students in public schools often faced significant additional expenses such as books or irregular fees paid directly to education officials in order to guarantee a spot. When parents were unable to pay the fees, their children were often unable to attend school. The Ministry of Education estimated that one to two million children did not attend school, because of a shortage of teachers and schools. Due to the “state of emergency” that went into effect on March 27, the government closed schools as a preventive measure against the spread of COVID-19, and provided some classes as television programs. The government began to reopen schools in October.

There were reports that parents, especially in more rural areas, were more likely to send boys to school rather than girls. According to UNESCO, enrollment rates were higher for boys than for girls, especially at the secondary level.

Child Abuse: Child abuse was widespread. Reports of physical abuse within the family were commonplace, and local officials largely tolerated abuse due to lack of capacity within institutions to provide appropriate care. The Ministry of Social Affairs, Family and Promotion of Women offers programs for child abuse victims and other vulnerable children. Nevertheless, nationwide implementation of such programs remained a problem.

In June the government launched a hotline called “SOS Child” to report violence against children. In fewer than two weeks, government officials stated the hotline received 19,753 calls relating cases of violence against children.

Child, Early, and Forced Marriage: The legal age for marriage with parental consent is 15 for girls and 16 for boys. The government did not enforce this restriction effectively, and the traditional age of marriage among lower income groups coincided with the onset of puberty. According to UNICEF, 6 percent of men between the ages of 20 and 24 were married or in union before the age of 18, 30 percent of women between the ages of 20 and 24 were married or in union by the age of 18, and 7 percent of women between the age of 20 and 24 were married or in union by the age of 15.

Sexual Exploitation of Children: All forms of prostitution, including child prostitution, are illegal. Police did not actively enforce laws against prostitution, and local NGOs expressed concern regarding the commercial sexual exploitation of children, which remained a problem. The law prohibits the use of children for the production of pornography; however, it does not prohibit the procuring or offering of a child for the production of pornography, or the use, procuring, or offering of a child for pornographic performances.

Sexual relations between an adult and a child younger than 12 are considered rape, and conviction carries a potential penalty of eight to 12 years’ imprisonment. Sexual relations with a child between the ages of 12 and 17 are considered sexual abuse, and convicted offenders may receive sentences from two to eight years in prison. The legal age for consensual sex is 18. Limited investigative resources and an inadequate judicial system prevented prosecution of most cases. There were reports of prosecutions during the year.

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.

There is a Jewish community of approximately 350 persons, primarily resident Israelis. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these prohibitions. The constitution grants persons with disabilities full rights without restriction and calls on the government to adopt national policies to prevent, treat, rehabilitate, and integrate persons with disabilities to support their families; remove obstacles to their mobility; educate society regarding disability; and encourage learning and training opportunities for persons with disabilities.

The law requires changes to public buildings, transportation, and communications to increase accessibility for persons with disabilities. The law also institutes a quota system to encourage the public and private sectors to employ more persons with disabilities, with the public sector quota at 4 percent of total employees and the private sector set at 2 percent. Civil society organizations and persons with disabilities, however, reported the government failed to enforce the law, and significant barriers to access remained.

The government official responsible for overseeing programs to promote inclusion for persons with disabilities acknowledged that both the private and public sectors fail to meet the quota system established by law. ANDA, an NGO that promotes the rights of persons with disabilities, said in a March interview that discrimination, physical, and psychological barriers impede persons with disabilities from having access to work, education, and public transportation.

Persons with disabilities included more than 80,000 survivors of land mines and other explosive remnants of war. The NGO Handicap International estimated that as many as 500,000 persons had disabilities. Because of limited government resources and uneven availability, only 30 percent of such persons were able to take advantage of state-provided services such as physical rehabilitation, schooling, training, or counseling.

Persons with disabilities found it difficult to access public or private facilities, and it was difficult for such persons to find employment or participate in the education system. Women with disabilities were reported to be vulnerable to sexual abuse and abandonment when pregnant. The Ministry of Social Assistance, Families, and Women’s Promotion sought to address problems facing persons with disabilities, including veterans with disabilities, and several government entities supported programs to assist individuals disabled by landmine incidents.

The constitution does not specifically refer to the rights of indigenous persons, and no specific law protects their rights and ecosystems. One NGO estimated that 14,000 members of the San indigenous group scattered among the southern provinces of Huila, Cunene, Kuando Kubango, and Moxico suffered discrimination and lacked adequate access to basic government services, including medical care, education, and identification cards.

The constitution prohibits all forms of discrimination but does not specifically address sexual orientation or gender identity. The new penal code decriminalizes same-sex sexual relations and makes it illegal to discriminate based on sexual orientation.

Local NGOs reported that lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals faced violence, discrimination, and harassment. The government, through its health agencies, instituted a series of initiatives to decrease discrimination against LGBTI individuals.

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

Discrimination against those with HIV/AIDS is illegal, but lack of enforcement allowed employers to discriminate against persons living with HIV. There were no news reports of violence against persons living with HIV. Reports from local and international health NGOs suggested discrimination against persons living with HIV was common. The government’s National Institute to Fight HIV/AIDS includes sensitivity and antidiscrimination training for its employees when they are testing and counseling HIV patients.