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

There were reports that the government or its agents committed arbitrary or unlawful killings. The Attorney General’s Office maintains a military investigation and prosecution office for cases involving entities of the Ministry of Interior. The Ministry of Defense maintains its own investigation authority as well as prosecution at the primary and appellate level; at the final level, cases are forwarded to the Supreme Court.

In January security forces in Kandahar Province reportedly killed a young girl and later her father, who approached the local army base apparently to condemn the killing. Security forces did not offer an explanation for the killings. Security forces fired upon and wounded at least one of the community members who protested the killings. Authorities committed to investigate the killings, but there was no update available as of October. The Australian Broadcasting Corporation (ABC) reported in March that Australian Special Air Service Regiment (SAS) members killed several locals either after they had surrendered or while they were in SAS detention in 2012. Witnesses alleged that in one such incident, SAS members shot and killed an imam and his son following evening prayers. In July the ABC additionally reported SAS members killed unarmed civilians in Kandahar Province in 2012.

During the year unknown actors carried out a number of targeted killings of civilians, including religious leaders, journalists, and civil society advocates (see section 1.g.).

b. Disappearance

There were no reports of disappearances committed by security forces.

The UN Assistance Mission in Afghanistan (UNAMA) noted an increase in abductions of civilians carried out by the Taliban in the first six months of the year, compared with the same period in the previous year, and a fivefold increase over the same period of the previous year of casualties resulting from abduction. UNAMA reported seven adult men were abducted from their village in Herat Province on March 6 and subsequently killed by the Taliban.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, there were numerous reports that government officials, security forces, detention center authorities, and police committed abuses.

Nongovernmental organizations (NGOs) reported security forces continued to use excessive force, including torturing and beating civilians. Despite legislation prohibiting these acts, independent monitors continued to report credible cases of torture in detention centers. According to local media, lawyers representing detainees in detention centers alleged in July that torture remained commonplace and that detainees were regularly questioned using torture methods.

There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. UNAMA reported that punishments carried out by the Taliban included beatings, amputations, and executions. The Taliban held detainees in poor conditions and subjected them to forced labor, according to UNAMA.

On January 30, a video was posted showing a woman being stoned to death. The president’s spokesman attributed the attack to the Taliban; the Taliban denied involvement.

Impunity was a significant problem in all branches of the security forces. Despite the testimony of numerous witnesses and advocates that service members were among the most prevalent perpetrators of bacha bazi (the sexual and commercial exploitation of boys, especially by men in positions of power), the government had never prosecuted a security officer for these acts, although eight officers were arrested during the year in connection with bacha bazi incidents.

In July, as a part of a political agreement between President Ghani and Abdullah, the government promoted Abdul Rashid Dostum to the rank of marshal, the country’s highest military rank. Dostum had been accused of gross violations of human rights, including the abduction and rape of a political opponent, but the government did not carry out an investigation.

Prison and Detention Center Conditions

Prison conditions were harsh due to overcrowding, lack of sanitation, and limited access to medical services. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Interior Ministry, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers. The Ministry of Justice’s Juvenile Rehabilitation Directorate is responsible for all juvenile rehabilitation centers. The National Directorate of Security (NDS) operates short-term detention facilities at the provincial and district levels, usually colocated with its headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan. There were credible reports of private prisons run by members of the Afghan National Defense and Security Forces (ANDSF) and used for abuse of detainees. The Taliban also maintain illegal detention facilities throughout the country.

Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem. On April 21, the general director of prisons stated the country’s prisons suffered from widespread abuses, including corruption, lack of attention to detainees’ sentences, sexual abuse of underage prisoners, and lack of access to medical care. Prisoners in a number of prisons occasionally conducted hunger strikes or sewed their mouths shut to protest their detention conditions.

In October inspectors reportedly identified a contaminated drinking water supply at Pul-e Charki Prison. The water was reportedly contaminated by an overflow of sewage at a nearby water treatment plant that was not adequately addressed due to low standards of safety and maintenance.

Authorities generally lacked the facilities to separate pretrial and convicted inmates or to separate juveniles according to the seriousness of the charges against them. Local prisons and detention centers did not always have separate facilities for female prisoners.

According to NGOs and media reports, authorities held children younger than age 15 in prison with their mothers, due in part to a lack of capacity of separate children’s support centers. These reports documented insufficient educational and medical facilities for these minors.

Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate. The GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items.

From March 11 to September 16, a total of 7,237 prisoners and detainees were released from 32 facilities across the country in an effort to protect these individuals from COVID-19 and slow the spread of the virus. At year’s end it was unknown how many were returned to custody. The majority were given reduced sentences or qualified for bail and did not have to return to prison.

As part of an exchange establishing conditions for peace talks between the government and the Taliban, the government released nearly 5,000 Taliban prisoners between March and September. The Taliban released 1,000 government prisoners between March and July as part of its commitments in the agreement.

Administration: Authorities conducted some investigations of credible allegations of mistreatment. The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners. Additionally, most prisons did not allow family visits.

Independent Monitoring: The Afghan Independent Human Rights Commission (AIHRC), UNAMA, and the International Committee of the Red Cross monitored the NDS, Ministry of Interior, Ministry of Justice, and Ministry of Defense detention facilities. NATO Resolute Support Mission monitored NDS, Afghan National Police (ANP), and Defense Ministry facilities. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when they arrived unannounced. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from documenting physical evidence of abuse, such as bruises, scars, and other injuries.

Improvements: The Office of Prisons Administration dedicated human rights departments at each facility to monitor and address problems.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but both remained serious problems. Authorities detained many citizens without respecting essential procedural protections. According to NGOs, law enforcement officers continued to detain citizens arbitrarily without clear legal authority or without regard to substantive procedural legal protections. Local law enforcement officials reportedly detained persons illegally on charges that have no basis in applicable criminal law. In some cases authorities improperly held women in prisons because they deemed it unsafe for the women to return home or because women’s shelters were not available to provide protection in the provinces or districts at issue (see section 6, Women). The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter, but authorities generally did not observe this requirement.

There were reports throughout the year of impunity and lack of accountability by security forces. According to observers, Afghan Local Police (ALP) and ANP personnel were largely unaware of their responsibilities and defendants’ rights under the law, since many were illiterate and lacked training. Accountability of NDS, ANP, and ALP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS, Major Crimes Task Force, ANP, and ALP in the investigation and prosecution of crimes or misconduct, including torture and abuse, was limited or nonexistent.

Arrest Procedures and Treatment of Detainees

UNAMA, the AIHRC, and other observers reported arbitrary and prolonged detention frequently occurred throughout the country, including persons being detained without judicial authorization. Authorities often did not inform detainees of the charges against them.

Justice-sector actors and the public lacked widespread understanding and knowledge of the penal code, which took effect in 2018 to modernize and consolidate criminal laws.

The law provides for access to legal counsel and the use of warrants, and it limits how long authorities may hold detainees without charge. Police have the right to detain a suspect for 72 hours to complete a preliminary investigation. If police decide to pursue a case, they transfer the file to the Attorney General’s Office. After taking custody of a suspect, the attorney general may issue a detention warrant for up to seven days for a misdemeanor and 15 days for a felony. With court approval, the investigating prosecutor may detain a suspect while continuing the investigation, with the length of continued detention depending on the severity of the offense. The investigating prosecutor may detain a suspect for a maximum of 20 days for a misdemeanor and 60 days for a felony. The prosecutor must file an indictment or release the suspect within those deadlines; there may be no further extension of the investigatory period if the defendant is already in detention. After a case is referred to the court, the court may issue detention orders not to exceed a total of 120 days for all court proceedings (primary, appeal, and Supreme Court stages). Compliance with these time limits was difficult to ascertain in the provincial courts. In addition there were multiple reports that judges often detained prisoners after their sentences were completed because bribes for release were not paid. Incommunicado imprisonment remained a problem, and prompt access to a lawyer was rare. Prisoners generally were able to receive family visits.

The criminal procedure code provides for release on bail. Authorities at times remanded “flight risk” defendants pending a prosecutorial appeal despite the defendants’ acquittal by the trial court. In other cases authorities did not rearrest defendants released pending appeal, even after the appellate court convicted them in absentia.

According to the juvenile code, the arrest of a child “should be a matter of last resort and should last for the shortest possible period.” Reports indicated children in juvenile rehabilitation centers across the country lacked access to adequate food, health care, and education. Detained children frequently did not receive the presumption of innocence, the right to know the charges against them, access to defense lawyers, and protection from self-incrimination. The law provides for the creation of special juvenile police, prosecution offices, and courts. Due to limited resources, special juvenile courts functioned in only six provinces (Kabul, Herat, Balkh, Kandahar, Nangarhar, and Kunduz). Elsewhere children’s cases went to ordinary courts. The law mandates authorities handle children’s cases confidentially.

Some children in the criminal justice system were victims rather than perpetrators of crime. In the absence of sufficient shelters for boys, authorities detained abused boys and placed them in juvenile rehabilitation centers because they could not return to their families and shelter elsewhere was unavailable. In addition some victims of bacha bazi were charged with “moral crimes” and treated as equally responsible perpetrators as the adult.

There were reports of children being abused while in custody, to include girls who were raped and became pregnant. Following the capture of ISIS-K fighters and family members in 2019, children of ISIS-K fighters (including girls married to ISIS-K fighters) were sometimes detained in special centers. The government registered some of these children in school, but most were not registered and did not receive adequate care. In addition child soldiers pressed into service with ISIS-K, the Taliban, or other groups were imprisoned without regard to their age. There was no established program for their reintegration into society. According to advocates, following their interception by government forces, all child soldiers from militia groups are initially placed into an NDS detention facility and are sometimes transferred to juvenile rehabilitation centers and later to a shelter run by the Ministry of Labor and Social Affairs. An estimated 125 children were held at the detention facility during the year, 30 were held at the shelter, and there was no reliable estimate of how many children were at the juvenile centers. Child soldiers affiliated with ISIS-K remained in the NDS detention facility.

Police and legal officials often charged women with intent to commit zina (sex outside marriage) to justify their arrest and incarceration for social offenses, such as running away from their husband or family, rejecting a spouse chosen by their families, fleeing domestic violence or rape, or eloping to escape an arranged marriage. The constitution provides that in cases not explicitly covered by the provisions of the constitution or other laws, courts may, in accordance with Hanafi jurisprudence (a school of Sunni Islamic law) and within the limits set by the constitution, rule in a manner that best attains justice in the case. Observers reported officials used this article to charge women and men with “immorality” or “running away from home,” neither of which is a crime. Police often detained women for zina at the request of family members.

Authorities imprisoned some women for reporting crimes perpetrated against them and detained some as proxies for a husband or male relative convicted of a crime on the assumption the suspect would turn himself in to free the family member.

Authorities placed some women in protective custody to prevent violence by family members. They also employed protective custody (including placement in a detention center) for women who had experienced domestic violence, if no shelters were available to protect them from further abuse. The 2009 Elimination of Violence against Women (EVAW) presidential decree–commonly referred to as the EVAW law–obliges police to arrest persons who abuse women. Implementation and awareness of the EVAW law was limited, however.

Arbitrary Arrest: Arbitrary arrest and detention remained a problem in most provinces. Observers reported some prosecutors and police detained individuals without charge for actions that were not crimes under the law, in part because the judicial system was inadequate to process detainees in a timely fashion. Observers continued to report those detained for moral crimes were primarily women.

Pretrial Detention: The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter. Nevertheless, lengthy pretrial detention remained a problem. Many detainees did not benefit from the provisions of the criminal procedure code because of a lack of resources, limited numbers of defense attorneys, unskilled legal practitioners, and corruption. The law provides that, if there is no completed investigation or filed indictment within the code’s 10-, 27-, or 75-day deadlines, judges must release defendants. Judges, however, held many detainees beyond those periods, despite the lack of an indictment.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but the judiciary continued to be underfunded, understaffed, inadequately trained, largely ineffective, and subject to threats, bias, political influence, and pervasive corruption.

Judicial officials, prosecutors, and defense attorneys were often intimidated or corrupt. World Justice Project’s annual report, released in July, found that in 2019 59 percent of those surveyed considered judges or magistrates to be corrupt; corruption was considered by those surveyed to be the most severe problem facing criminal courts.

Bribery and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency impaired judicial impartiality. Most courts administered justice unevenly, employing a mixture of codified law, sharia, and local custom. Traditional justice mechanisms remained the main recourse for many, especially in rural areas. Corruption was common in the judiciary, and often criminals paid bribes to obtain their release or a sentence reduction (see section 4).

There was a widespread shortage of judges, primarily in insecure areas, leading to the adjudication of many cases through informal, traditional mediation. A shortage of women judges, particularly outside of Kabul, limited access to justice for women. Many women are unable to use the formal justice system because cultural norms preclude their engagement with male officials. During the year only 254 of 2,010 judges were women, a slight decrease from 2019. The formal justice system is stronger in urban centers, closer to the central government, and weaker in rural areas. In rural areas, police operated unchecked with almost unlimited authority. Courts and police continued to operate at less than full strength nationwide. The judicial system continued to lack the capacity to absorb and implement the large volume of new and amended legislation. A lack of qualified judicial personnel hindered the courts. Some municipal and provincial authorities, including judges, had minimal training and often based their judgments on their personal understanding of sharia without appropriate reference to statutory law, tribal codes of honor, or local custom. The number of judges who graduated from law school continued to increase. Access to legal codes and statutes increased, but their limited availability continued to hinder some judges and prosecutors.

In major cities courts continued to decide criminal cases. Authorities frequently resolved civil cases using the informal system, the government mediation mechanism through the Ministry of Justice Huquq (civil rights) Office, or in some cases through negotiations between the parties facilitated by judicial personnel or private lawyers. Because the formal legal system often does not exist in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) are the primary means of settling both criminal matters and civil disputes. They also imposed punishments without regard to the formal legal system. UNAMA and NGOs reported several cases where perpetrators of violence against women that included domestic abuse reoffended after their claims were resolved by mediation.

In areas it controlled, the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments included execution and mutilation. According to UNAMA, in June, Taliban courts convicted two men in Faryab Province of different crimes. In both cases the men were brought before a crowd, and a Taliban member pronounced their death sentences; the men were immediately executed by public hanging.

Trial Procedures

The constitution provides the right to a fair and public trial, but the judiciary rarely enforced this provision. The administration and implementation of justice varied in different areas of the country. The government formally uses an inquisitorial legal system. By law all citizens are entitled to a presumption of innocence, and those accused have the right to be present at trial and to appeal, although the judiciary did not always respect these rights. The law requires judges to provide five days’ notice prior to a hearing, but judges did not always follow this requirement, and many citizens complained that legal proceedings often dragged on for years.

Three-judge panels decide criminal trials, and there is no right to a jury trial under the constitution. Prosecutors rarely informed defendants promptly or in detail of the charges brought against them. Indigent defendants have the right to consult with an advocate or counsel at public expense when resources allow. The judiciary applied this right inconsistently, in large part due to a severe shortage of defense lawyers. Citizens were often unaware of their constitutional rights. Defendants and attorneys are entitled to examine physical evidence and documents related to a case before trial, although observers noted court documents often were not available for review before cases went to trial, despite defense lawyers’ requests.

Criminal defense attorneys reported the judiciary’s increased respect and tolerance for the role of defense lawyers in criminal trials, but defendants’ attorneys continued to experience abuse and threats from prosecutors and other law enforcement officials.

The criminal procedure code establishes time limits for the completion of each stage of a criminal case, from investigation through final appeal, when the accused is in custody. The code also permits temporary release of the accused on bail, but this was rarely applied. An addendum to the code provides for extended custodial limits in cases involving crimes committed against the internal and external security of the country. Courts at the Justice Center in Parwan Province regularly elected to utilize the extended time periods. If the judiciary does not meet the deadlines, the law requires the accused be released from custody. Often courts did not meet these deadlines, but detainees nevertheless remained in custody.

In cases where no clearly defined legal statute applied, or where judges, prosecutors, or elders were unaware of the statutory law, judges and informal shuras enforced customary law. This practice often resulted in outcomes that discriminated against women.

In areas controlled by the Taliban, according to Human Rights Watch, the Taliban established courts that rely on religious scholars to adjudicate cases or at times referred cases to traditional dispute resolution mechanisms. Taliban courts include district-level courts, provincial-level courts, and a tamiz, or appeals, court located in a neighboring country.

According to Human Rights Watch, the Taliban justice system is focused on punishment, and convictions often resulted from forced confessions in which the accused is abused or tortured. At times the Taliban imposed corporal punishment for serious offenses, or hudud crimes, under an interpretation of sharia.

Political Prisoners and Detainees

There were no reports the government held political prisoners or political detainees.

During the year the Taliban detained government officials, individuals alleged to be spying for the government, and individuals alleged to have associations with the government. For political cases, according to NGOs, there were no official courts; cases were instead tried by Taliban military commanders.

Civil Judicial Procedures and Remedies

Corruption and limited capacity restricted citizen access to justice for constitutional and human rights abuses. Citizens may submit complaints of human rights abuses to the AIHRC, which reviews and submits credible complaints to the Attorney General’s Office for further investigation and prosecution. Some female citizens reported that when they approached government institutions with a request for service, government officials, in turn, demanded sexual favors as quid pro quo.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary interference in matters of privacy, but authorities did not always respect its provisions. The criminal procedure code contains additional safeguards for the privacy of the home, prohibiting night arrests, requiring the presence of a female officer during residential searches, and strengthening requirements for body searches. The government did not always respect these prohibitions.

Government officials continued to enter homes and businesses of civilians forcibly and without legal authorization. There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.

Media and the government reported the Taliban routinely used civilian homes as shelters, bases of operation, and shields. There were also reports the Taliban, ISIS-K, and ANDSF used schools for military purposes.

g. Abuses in Internal Conflict

Continuing internal conflict resulted in civilian deaths, abductions, prisoner abuse, property damage, displacement of residents, and other abuses. The security situation remained a problem largely due to insurgent and terrorist attacks. According to UNAMA, actions by nonstate armed groups, primarily the Taliban and ISIS-K, accounted for the majority of civilian deaths.

After the signing of the U.S.-Taliban Agreement and the issuance of the U.S.-Afghanistan Joint Declaration on February 29, attacks against U.S. and coalition forces largely stopped, but violence against Afghan security forces and civilians continued, even after the start of intra-Afghan negotiations on September 12.

Killings: UNAMA counted 2,117 civilian deaths due to conflict during the first nine months of the year, compared with 2,683 during the same period in 2019. During this period, UNAMA documented 1,274 civilian casualties resulting from nonsuicide improvised explosive device (IED) attacks perpetrated by antigovernment forces (456 deaths and 818 injured). UNAMA attributed 59 percent of civilian casualties in the first nine months of the year to antigovernment forces, including the Taliban and ISIS-K, 27 percent to progovernment forces, and 14 percent to cross fire and other sources. UNAMA documented a 46 percent decrease in the total number of civilian casualties due to all airstrikes in the first nine months of the year, compared with the same period in 2019, but documented a 70 percent increase in civilian casualties (349) and a 50 percent increase in civilians killed (156) from airstrikes by the Afghan Air Force in the first nine months of the year, compared with the same period in 2019.

The AIHRC stated that an airstrike in Takhar Province by Afghan forces on October 21 killed 12 children and wounded 18 others at a religious school and mosque. The mosque’s imam was among the wounded. The attack reportedly targeted Taliban fighters. First Vice President Amrullah Saleh initially rejected reports of civilian casualties, stating the attack had targeted a Taliban installation, but the Ministry of Defense declared it had assigned an investigation team to assess allegations of civilian casualties.

During the year antigovernment forces carried out a number of deadly attacks against religious leaders, particularly those who spoke out against the Taliban. Many progovernment Islamic scholars were killed in attacks during the year for which no group claimed responsibility. In June, three imams and a number of worshippers were killed in separate attacks on two mosques in Kabul, and seven students were killed by a bomb at a seminary in Takhar Province.

Antigovernment elements continued to attack civilian targets. On April 21 in Nangarhar Province, the Taliban detonated an IED inside a private pharmacy, wounding eight civilians, including a doctor from the local hospital. The owners reportedly had refused to provide the Taliban an extortion payment.

Antigovernment elements continued targeting hospitals and aid workers. In the first six months of the year, UNAMA documented 36 incidents affecting health-care facilities and personnel. UNAMA attributed the majority of these incidents to the Taliban.

On May 12, three gunmen attacked a maternity clinic in a Hazara Shia neighborhood in Kabul run by Doctors Without Borders (MSF), killing 24 mothers, newborns, and a health-care worker. No group claimed responsibility. In June the MSF announced it would close the clinic.

On May 19, the Afghan Air Force conducted an airstrike in Kunduz Province outside a hospital, killing and wounding Taliban who were seeking medical care, as well as killing at least two civilians at the hospital.

On November 22, gunmen detonated explosives and fired upon students, staff, and others, killing 35 and wounding at least 50, at Kabul University. During the attack students and faculty were taken hostage, according to press reports. The attack was later claimed by ISIS-K.

Antigovernment elements also continued to target government officials and entities, as well as political candidates and election-related activities, throughout the country. Media reported five staff members of the Attorney General’s Office, including two who reportedly had served as prosecutors, were ambushed and killed in their vehicle in Kabul on June 22. No one claimed responsibility, and a Taliban spokesperson denied any involvement, adding that the peace process had many enemies and that the Taliban, too, would “investigate.” On October 3, a car bomb targeting a government administrative building in Nangarhar Province killed at least 15, including at least four children. Most of the casualties were civilians; no group claimed responsibility. On December 15, Kabul deputy governor Mahbubullah Muhibbi was killed in a bomb blast in Kabul. On December 21, at least 10 persons were killed and 52 wounded in an attack on the convoy of lower house of parliament member Khan Mohammad Wardak. No group claimed responsibility for either attack.

Abductions: In January a three-year-old boy was kidnapped for ransom in Kabul. Businesswomen reported they faced a constant threat of having their children abducted and held for ransom. The UN secretary-general’s 2019 Children and Armed Conflict Report, released in June, cited 14 verified incidents of child abduction, all of which were of boys as young as 11. Of the abductions, 12 were attributed to the Taliban and one each to the ANP and a progovernment militia.

Seven reported abductions of currency exchangers in Herat during the year prompted the currency exchangers there to strike in October to protest.

Antigovernment groups regularly targeted civilians, including using IEDs to kill and maim them. Land mines, unexploded ordnance, and explosive remnants of war (ERW) continued to cause deaths and injuries. UNAMA reported 584 civilian casualties caused by unlawful pressure-plate IEDs by antigovernment elements, mostly attributed to the Taliban, during the first nine months of the year, a 44 percent increase compared with the same period in 2019. The state minister for disaster management and humanitarian affairs reported that approximately 125 civilians were killed or wounded by unexploded ordnance per month, and more than 730 square miles still needed to be cleared, which included both previously identified ERW areas as well as newly contaminated ranges. Media regularly reported cases of children killed and injured after finding unexploded ordinance.

UNAMA reported civilian casualties from ERW in the first nine months of the year accounted for 5 percent of all civilian casualties and caused 298 civilian casualties, with 86 deaths and 212 injured. Children comprised more than 80 percent of civilian casualties from ERW.

Child Soldiers: Under the penal code, recruitment of children in military units carries a penalty of six months to one year in prison. UNAMA reported the ANDSF and progovernment militias recruited and used 11 children during the first nine months of the year, all for combat purposes. Media reported that local progovernment commanders recruited children younger than age 16. NGOs reported security forces used child soldiers in sexual slavery roles. The country remained on the Child Soldiers Prevention Act List in the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/. The Taliban and other antigovernment groups regularly recruited and trained children to conduct attacks.

The ANP took steps that included training staff on age-assessment procedures, launching an awareness campaign on underage recruitment, investigating alleged cases of underage recruitment, and establishing centers in some provincial recruitment centers to document cases of attempted child enlistment. The government operated child protection units (CPUs) in all 34 provinces; however, some NGOs reported these units were not sufficiently equipped, staffed, or trained to provide adequate oversight. The difficult security environment in most rural areas prevented oversight of recruitment practices at the district level; CPUs played a limited oversight role in recruiting. Recruits underwent an identity check, including an affidavit from at least two community elders that the recruit was at least 18 years old and eligible to join the ANDSF. The Ministries of Interior and Defense also issued directives meant to prevent the recruitment and sexual abuse of children by the ANDSF. Media reported that in some cases ANDSF units used children as personal servants, support staff, or for sexual purposes. Government security forces reportedly recruited boys specifically for use in bacha bazi in every province of the country.

According to UNAMA, the Taliban and ISIS-K continued to recruit and use children for front-line fighting and setting IEDs. While the law protects trafficking victims from prosecution for crimes committed as a result of being subjected to trafficking, there were reports the government treated child former combatants as criminals as opposed to victims of trafficking. Most were incarcerated alongside adult offenders without adequate protections from abuse by other inmates or prison staff.

UNAMA verified the recruitment of 144 boys by the Taliban in the first nine months of the year. In some cases the Taliban and other antigovernment elements used children as suicide bombers, human shields, and to emplace IEDs, particularly in southern provinces. Media, NGOs, and UN agencies reported the Taliban tricked children, promised them money, used false religious pretexts, or forced them to become suicide bombers. UNAMA reported the Taliban deployed three boys in February to conduct a suicide attack against an ALP commander in Baghlan Province. One of the children accidentally detonated his IED before reaching the ceremony, killing all three children. See also the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Other Conflict-related Abuse: The security environment continued to make it difficult for humanitarian organizations to operate freely in many parts of the country. Violence and instability hampered development, relief, and reconstruction efforts. Insurgents targeted government employees and aid workers. NGOs reported insurgents, powerful local individuals, and militia leaders demanded bribes to allow groups to bring relief supplies into their areas and distribute them.

In contrast with previous years, polio vaccination campaigns were not disrupted by the conflict (the Taliban had previously restricted house-to-house vaccination programs). Routine immunization services at health facilities and other immunization campaigns, however, were interrupted by the COVID-19 pandemic, and only half of the provinces received vaccination coverage. According to the Ministry of Public Health, there were 46 new reported cases of polio during the year.

The Taliban also attacked schools, radio stations, and government offices. On February 3, the Taliban burned a girls’ school in Takhar Province. In July the Taliban burned a school in the same province after using it as cover to attack ANDSF. On August 20, the Taliban prevented approximately 200 female university applicants in Badakshan Province from taking their university entrance exams by threatening them with fines. Some of these women were ultimately taken to another location in the province to take the exam.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, but the government sometimes restricted this right.

Freedom of Speech: The law provides for freedom of speech, and the country has a free press. There were reports authorities at times used pressure, regulations, and threats to silence critics. Criticism of the central government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists. Discussion of a political nature was more dangerous for those living in contested or Taliban-controlled areas. Government security agencies increased their ability to monitor the internet, including social media platforms, although the monitoring did not have a perceptible impact on social media use.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. Implementation of the Access to Information Law, which provides for public access to government information, remained inconsistent, and media reported consistent failure by the government to meet the requirements of the law. Government officials often restricted media access to government information or simply ignored requests. UNAMA, Human Rights Watch, and Reporters without Borders (RSF) reported the government did not fully implement the law, and therefore journalists often did not receive access to information they sought. Furthermore, journalists stated government sources shared information with only a few media outlets. Human Rights Watch criticized the arrest of a government employee who was alleged by First Vice President Amrullah Saleh to have spread false information about the October 21 attack on a school and mosque in Takhar that resulted in civilian deaths.

Journalists faced the threat of harassment and attack by ISIS-K, the Taliban, and government-linked figures attempting to influence how they were covered in the news. The Afghanistan Journalists’ Council said that during the year journalists’ social media accounts were hacked and journalists were threatened by the Office of the National Security Council.

On May 30, a journalist and a driver from Khurshid TV were killed when their vehicle, carrying 15 employees of the station, was hit by a roadside bomb in Kabul. Four other employees of the station were wounded. ISIS-K claimed responsibility for the attack.

On November 12, an explosive in Lashkargah city killed Radio Azadi reporter Ilias Daee, as well as his brother. Journalist Malala Maiwand was killed by gunmen on December 10 in Jalalabad, and journalist Rahmatullah Nekzad was killed in Ghazni on December 21. No group claimed responsibility for the attacks. Journalists reported facing threats of violence from the internal conflict. Politicians, security officials, business owners, and others in positions of power at times threatened or harassed journalists because of their coverage. According to RSF, female journalists were especially vulnerable.

Vida Saghari, a female journalist, faced a series of online harassments, including hate speech and death threats, following her criticism of a cleric’s Ramadan rallies in defiance of COVID-19 restrictions, according to RSF.

Freedom of speech and an independent media were more constrained at the provincial level than in the capital, Kabul. Political and ethnic groups, including those led by former mujahedin leaders, financed many provincial media outlets and used their financial support to control the content. Provincial media was also more susceptible to antigovernment attacks.

Print and online media continued to publish independent magazines, newsletters, newspapers, and websites. A wide range of editorials and daily newspapers openly criticized the government. Nevertheless, there were concerns that violence and instability threatened journalists’ safety. A greater percentage of the population, including those in rural areas, had easier access to radio than other forms of media. According to The Asia Foundation, rural inhabitants primarily received news and information from family and friends, followed by television and radio.

Violence and Harassment: Government officials and private citizens used threats and violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. According to RSF, NDS officials arrested Radio Bayan journalist Mahboboalah Hakimi on July 1. Two days after Hakimi’s arrest, the NDS released a video of Hakimi confessing to posting a video critical of the president, an action he had previously denied, and apologizing to the president. Following Hakimi’s release, he alleged the NDS tortured him and forced him to record his confession.

RSF also reported that authorities had harassed Pajhwok Afghan News agency, including through NDS interrogations of its director, following its June 22 reporting that ventilators intended to respond to the COVID-19 outbreak had been stolen and illegally sold to a neighboring country.

At least six journalists were killed during the year, and another died under suspicious circumstances. According to the Afghanistan Journalists’ Council, as of September, three journalists were kidnapped, 12 were injured, and more than 30 were beaten or otherwise threatened.

The Taliban continued to threaten journalists, and civil society alleged the Taliban continued to attack media organizations. The Taliban warned media would be targeted unless they stopped broadcasting what it called “anti-Taliban statements.”

Increased levels of insecurity created a dangerous environment for journalists, even when they were not the specific targets of violence. A radio reporter was killed in police crossfire during a demonstration in Ghor Province on May 9. During the year several journalists reported attacks by unknown gunmen connected, they claimed, to their coverage of powerful individuals.

The law provides guidelines to address cases of violence against journalists, but these guidelines were not fully implemented. The guidelines created a joint national committee in Kabul, chaired by Second Vice President Sarwar Danesh and separate committees in provincial capitals, a coordination center to investigate and identify perpetrators of violence against journalists, and a support committee run by the NDS to identify threats against journalists. Press freedom organizations reported the committee met regularly during the year, referred cases to the Attorney General’s Office, and pushed for the resolution of cases, but it did not increase protection for journalists. A journalist advocacy organization reported that due to these pressures and the fact that many journalists were not paid for months at a time, many outlets closed during the year.

Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation. According to the Center for the Protection of Afghan Women Journalists, there were no female journalists in five of the country’s 34 provinces: Kunar, Logar, Nuristan, Paktika, and Uruzgan.

Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Ajmal Ahmady, Afghanistan Bank governor and economic advisor to the president, blocked journalists on his Twitter feed, reportedly for being publicly critical of him. Journalists and NGOs reported that, although the amended 2018 Access to Information Law provided an excellent regulatory framework, enforcement remained inconsistent and that noncompliant officials rarely were held accountable. Most requests for information from journalists who lacked influential connections inside the government or international media credentials were disregarded, and government officials often refused to release information, claiming it was classified. Many journalists asserted that First Vice President Amrullah Saleh’s statement that he would hold those who shared “disinformation” on the victims of the October 21 incident in Takhar criminally responsible was a restriction on freedom of speech.

Libel/Slander Laws: The penal code and the mass media law prescribe prison sentences and fines for defamation. Authorities sometimes used defamation as a pretext to suppress criticism of government officials.

National Security: Journalists complained government officials frequently invoked the national interest exception in the Access to Information law to avoid disclosing information.

Nongovernmental Impact: Some reporters acknowledged they avoided criticizing the insurgency and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.

Women in some areas of the country said their freedom of expression in choice of attire was limited by conservative social mores and sometimes enforced by Taliban in insurgent-controlled areas as well as religious leaders.

Internet Freedom

The government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without appropriate legal authority.

Media outlets and activists routinely used social media to discuss political developments, and Facebook was widely used in urban areas. The Taliban used the internet and social media to spread its messages. Internet usage remained relatively low due to high data prices, a lack of local content, and illiteracy.

There were many reports during the year of Taliban attempts to restrict access to information, often by destroying or shutting down telecommunications antennae and other equipment. In June, Human Rights Watch reported that in many Taliban-controlled areas, Taliban authorities limited usage of or otherwise banned smartphones, which generally restricted access to information.

Academic Freedom and Cultural Events

Academic freedom is largely exercised in government-controlled areas. In addition to public schooling, there was growth in private education, with new universities enjoying full autonomy from the government. Both government security forces and the Taliban took over schools to use as military posts.

The expansion of Taliban control in rural areas left an increasing number of public schools outside government control. The Taliban operated an education commission in parallel to the official Ministry of Education. Although their practices varied among areas, some schools under Taliban control reportedly allowed teachers to continue teaching but banned certain subjects and replaced them with Islamic studies; others provided only religious education. The Taliban continued to limit education for girls, especially for those past puberty. A Taliban commander told Human Rights Watch in Helmand Province, “Women’s education is to be banned [while] our country is occupied.”

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights; however, the government limited these freedoms in some instances.

Freedom of Peaceful Assembly

The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year; however, police sometimes fired live ammunition when attempting to break up demonstrations. Protests and rallies were also vulnerable to attacks by ISIS-K and the Taliban. Islamic State actors fired upon a political rally in Kabul on March 6, killing 32 and wounding at least 58, according to government estimates. Islamic State actors claimed to have detonated explosions during presidential inauguration ceremonies in Kabul on March 9, although no casualties were reported.

Freedom of Association

The constitution provides for the right to freedom of association, and the government generally respected it. The law on political parties requires political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. The law prohibits employees and officials of security and judicial institutions, specifically the Supreme Court, Attorney General’s Office, Ministry of Interior, Ministry of Defense, and NDS, from political party membership. Noncompliant employees are subject to dismissal.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights.

In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Social custom limited women’s freedom of movement without a male family member’s consent or a male relative chaperone. The greatest barrier to movement in some parts of the country remained the lack of security. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The Taliban regularly blocked highways completely or imposed illegal taxes on those who attempted to travel. Media reported the Taliban had blocked the highway between Kandahar and Uruzgan and on August 23 had notified private transportation companies operating in the area that the companies would be responsible for civilian deaths should they choose to travel on the road.

e. Status and Treatment of Internally Displaced Persons

Internal population movements continued during the year because of armed conflict and natural disasters, including avalanches, flooding, and landslides. The UN Office for the Coordination of Humanitarian Affairs reported more than 172,490 individuals fled their homes due to conflict from January to September 20. Most internally displaced persons (IDPs) left insecure rural areas and small towns to seek relatively greater safety and government services in larger towns and cities in the same province. Thirty of the country’s 34 provinces hosted IDP populations.

Limited humanitarian access because of the poor security situation caused delays in identifying, assessing, and providing timely assistance to IDPs, who continued to lack access to basic protection, including personal security and shelter. Many IDPs, especially in households with a female head, faced difficulty obtaining basic services because they did not have identity documents. Many IDPs in urban areas reportedly faced discrimination, lacked adequate sanitation and other basic services, and lived at constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. Women in IDP sites reported high levels of domestic violence. Limited opportunities to earn a livelihood following the initial displacement often led to secondary displacement, making tracking of vulnerable persons difficult. Even IDPs who had access to local social services sometimes had less access than their non-IDP neighbors, due to distance from the services or other factors. Severe flooding and landslides on August 26 in Parwan Province killed 190 individuals and destroyed nearly 4,000 houses. Media reported that on August 27, the Taliban killed four civilian internally displaced survivors of the floods during clashes with the ANDSF.

Intense fighting in Helmand Province in October resulted in the displacement of thousands of families over a period of just two weeks, reported the AIHRC. The UN Office for the Coordination of Humanitarian Affairs estimated 35,000 individuals were displaced but had only been able to confirm an estimated 14,000 IDPs because deteriorating security conditions interrupted phone service and prevented access.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: The government’s ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.

The IOM reported undocumented Afghan returns from Iran and Pakistan totaled 449,213 from January 1 to August 15, with 447,206 from Iran and 2,007 from Pakistan. Registered Afghan refugee returns from Pakistan slowed to historically low levels during the year, with just 551 returns as of August 25, in part because UNHCR suspended assisted returns between March 17 and August 10 due to COVID-19 and border closures impeded travel.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. Nonetheless, UNHCR registered and provided protection for approximately 170 refugees and 250 asylum seekers in urban areas throughout the country. UNHCR also provided protection for 72,000 persons of concern who fled Pakistan in 2014 and resided in the provinces of Khost and Paktika.

g. Stateless Persons

NGOs noted the lack of official birth registration for refugee children in the country as a significant problem and protection concern, due to the risk of statelessness and potential long-term disadvantage.

The law provides citizens the opportunity to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The right to vote may be stripped for certain criminal offenses. Violence from the Taliban and other antigovernment groups interfered with, but did not derail, the most recent presidential election, held in 2019.

Elections and Political Participation

Recent Elections: Presidential elections were held in September 2019. Voter turnout in the presidential election of September 2019 was historically low, at less than 19 percent, reportedly due to security threats, less robust campaigning by candidates, voter apathy, the decoupling of the presidential and provincial elections that traditionally helped drive local mobilization networks, among other factors. Additionally, biometric voter verification determined the validity of ballots in 2019 and reportedly accounted for at least part of the difference in turnout compared with previous elections because of the invalidation of any ballot not biometrically verified. According to the United Nations, the Taliban carried out a deliberate campaign of violence and intimidation, including on polling centers located in schools and health facilities. It found these attacks caused 458 civilian casualties (85 killed and 373 injured) from the start of the top-up registration in June 2019 through September 30, 2019. These figures included 100 incidents on the September 28 election day, resulting in 277 civilian casualties (28 killed and 249 injured). According to the United Nations, civilian casualty levels were higher on election day in 2019 than on the polling days for the first round and second rounds of the 2014 presidential election. On February 18, the Independent Election Commission (IEC) announced that President Ghani secured re-election with 50.64 percent of the vote, while then chief executive Abdullah Abdullah, Ghani’s chief opponent, received 39.52 percent of the vote. Although election experts noted technical improvements in the electoral procedures, there were concerns regarding the electoral bodies’ ability to ensure transparency during the results tabulation process. Political campaigns disputed the authenticity of 300,000 votes, of a total of 1.8 million votes cast, causing delays and accusations of politicization of election monitoring bodies. Opposition candidates additionally called for the IEC to reject votes cast at polling places that faced discrepancies with biometric verification of voters. The Electoral Complaints Commission (ECC) investigated approximately 16,500 electoral complaints, ultimately rejecting more than 9,800 complaints, and conducted a recount for nearly 5,400 polling stations. The IEC conducted two audits before finalizing the results it announced in February.

Both President Ghani and Abdullah declared victory and held competing swearing in ceremonies on March 9. Afghan political actors mediated the resulting political impasse, ultimately resulting in a compromise, announced on May 17, in which President Ghani retained the presidency, Abdullah was appointed to lead the High Council for National Reconciliation, and each would select one-half of the cabinet members.

Political Parties and Political Participation: The law grants parties the right to exist as formal institutions. The law provides that any citizen 25 years old or older may establish a political party. The law requires parties to have at least 10,000 members from the country’s 34 provinces to register with the Ministry of Justice, conduct official party business, and introduce candidates in elections. Only citizens 18 years old or older and who have the right to vote may join a political party. Certain members of the government, judiciary, military, and government-affiliated commissions are prohibited from political party membership during their tenure in office.

In large areas of the country, political parties could not operate due to insecurity.

On December 23, unknown gunmen shot and killed Yusuf Rashid, the head of the Free and Fair Elections Forum, an independent election monitoring group.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process. In the 2019 presidential election, women accounted for 34.5 percent of those registered to vote and 31.5 percent of all votes cast. Absent reliable data, civil society, think tanks, and election monitoring organizations assessed that women’s participation across the country varied according to the security conditions and social norms. There was lower female voter turnout in provinces where communities purposely limited female participation in the democratic process, where lack of security was a concern, or both. Conflict, threats, financial constraints, corruption, and conservative family members put female voters at a disadvantage. There were reports some men declared female voting a sin, and others said women should vote for male candidates. There were reports that a biometric voter identification requirement for all registering voters to have their photograph taken was seen by some as an infringement on women’s modesty and, according to media sources, limited women’s ability to vote.

The constitution specifies a minimum number of seats for women and minorities in the two houses of parliament. For the Wolesi Jirga (lower house of the national assembly), the constitution mandates that at least two women shall be elected from each province (for a total of 68). The IEC finalized 2018 parliamentary election results in May 2019, and 418 female candidates contested the 250 seats in the Wolesi Jirga in the 2018 parliamentary election. In Daikundi Province a woman won a seat in open competition against male candidates, making it the only province to have more female representation than mandated by the constitution. The constitution also mandates one-half of presidential appointees must be women. It also sets aside 10 seats in the Wolesi Jirga for members of the nomadic Kuchi minority. In the Meshrano Jirga (upper house), the president’s appointees must include two Kuchis and two members with physical disabilities, and half of the president’s nominees must be women. One seat in the Meshrano Jirga and one in the Wolesi Jirga is reserved for the appointment or election of a Sikh or Hindu representative, although this is not mandated by the constitution. On July 6, the cabinet decreed that each of the country’s 34 provinces should have one female deputy governor. By year’s end, 14 female deputy governors were appointed.

Traditional societal practices limited women’s participation in politics and activities outside the home and community, including the need to have a male escort or permission to work. These factors, in addition to an education and experience gap, likely contributed to the central government’s male-dominated composition. The 2016 electoral law mandates that 25 percent of all provincial, district, and village council seats “shall be allocated to female candidates.” Neither district nor village councils were established by year’s end.

Women active in government and politics continued to face threats and violence and were targets of attacks by the Taliban and other insurgent groups. On March 22, a gunman fired multiple shots into a vehicle carrying Zarifa Ghafari, the mayor of Maidan Shar in Wardak Province, and her fiance. Both were uninjured in the attack.

No laws prevent members of minority groups from participating in political life, although different ethnic groups complained of unequal access to local government jobs in provinces where they were in the minority. Individuals from the largest ethnic group, the Pashtuns, had more seats than any other ethnic group in both houses of parliament, but they did not have more than 50 percent of the seats. There was no evidence authorities purposely excluded specific societal groups from political participation.

The law provides criminal penalties for corruption by officials. The government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Reports indicated corruption was endemic throughout society, and flows of money from the military, international donors, and the drug trade continued to exacerbate the problem. Local businessmen complained government contracts were routinely steered to companies that paid a bribe or had family or other connections to a contracting official.

According to prisoners and local NGOs, corruption was widespread across the justice system, particularly in connection with the prosecution of criminal cases and in arranging release from prison. There were reports officials received unauthorized payments in exchange for reducing prison sentences, halting investigations, or outright dismissing charges.

Freedom House reported inadequately trained judges and extensive corruption in the judiciary, with judges and lawyers often subject to threats and bribes from local leaders or armed groups.

During the year there were reports of “land grabbing” by both private and public actors. Most commonly, businesses illegally obtained property deeds from corrupt officials and sold the deeds to unsuspecting prospective homeowners who were later prosecuted. Other reports indicated government officials confiscated land without compensation with the intent to exchange it for contracts or political favors. There were reports provincial governments illegally confiscated land without due process or compensation in order to build public facilities.

Corruption: The Anti-Corruption Justice Center (ACJC) reported that since its inception in 2016 to mid-September, the ACJC tried 281 defendants in 76 cases before its trial chamber and 214 defendants in 68 cases before its appellate chamber. Of cases tried in the trial chamber, 199 were sentenced to imprisonment, 23 were fined, and 59 acquitted. Of cases tried in the appellate chamber, 172 were sentenced to imprisonment, 18 were fined, and 24 were acquitted. In January the ACJC appellate court resentenced several former election officials to two and one-half years in prison each, cutting their earlier prison terms by half.

There were reports of political patronage in the government’s COVID-19 response efforts, including accusations of embezzlement and theft of medical equipment by government authorities. On June 22, a media report alleged that 32 ventilators were embezzled from the Ministry of Public Health and subsequently smuggled to Pakistan for a profit. Media reported that on August 24 former minister of public health Ferozuddin Feroz and several former and current deputy ministers were referred to the Attorney General’s Office for suspected misappropriation of funds designated to address the COVID-19 pandemic. Media also reported that in October the governor of Herat Province, the mayor of Herat city, three members of the provincial council, and 17 other top provincial officials were accused of embezzling approximately 20 million afghanis ($260,000) of government funding of COVID-19 response activities. According to ACJC prosecutors, the cases against these officials were sent to the ACJC primary court, but the court sent the case back to the prosecution office to fill investigative gaps. The suspects were released on bail.

Violent attacks by insurgents against judges, prosecutors, and prison officials during the year made members of the judicial sector increasingly fearful in carrying out their duties. According to government and media reports, since 2015 more than 300 judges, prosecutors, prison personnel, and other justice workers were killed, injured, or abducted. During the year, five judges and one administrative official were killed and two judges were abducted. Justice professionals came under threat or attack for pursuing certain cases–particularly corruption or abuse-of-power cases–against politically or economically powerful individuals.

According to various reports, many government officials, including district or provincial governors, ambassadors, and deputy ministers, were suborned. Government officials with reported involvement in corruption, the drug trade, or records of human rights abuses reportedly continued to receive executive appointments and served with relative impunity. On February 6, the Ministry of Interior announced it had arrested five police officers, including Ahmad Ahmadi, the Kabul counternarcotics chief, for involvement in drug trafficking.

On August 17, the primary court of the ACJC convicted a former official of the National Office of Norms and Standards of accepting a bribe of $100,000 from an unidentified company. The court sentenced the former official to 16 years’ imprisonment, a $100,000 fine (the amount of the bribe), as well as an additional fine of 60,000 afghanis ($765) for carrying a firearm without a permit.

There were allegations of widespread corruption and abuse of power by officers at the Ministry of Interior. Provincial police reportedly extorted civilians at checkpoints and received kickbacks from the drug trade. Police reportedly demanded bribes from civilians to gain release from prison or avoid arrest. Senior Interior Ministry officials also refused to sign the execution of arrest warrants.

Financial Disclosure: A 2017 legislative decree established the Administration on Registration and Assets of Government Officials and Employees (Registration Administration) under the Administrative Office of the President. All government officials, employees, and elected officials are required to declare their assets. The Registration Administration was responsible for collecting, verifying, and publishing information from high-ranking government officials. Under the law all government officials and employees must submit financial disclosures on all sources and levels of personal income for themselves and their immediate family annually and when they assume or leave office. Individuals who do not submit forms or are late in submission are subject to suspension of employment, salary, and travel bans. The Attorney General’s Office imposed travel bans on individuals who did not submit their forms; however, the bans were not regularly enforced, especially for high-level officials. For instance, although the website of the Administrative Office of the President showed several high-ranking government officials failed to register their assets, it was public knowledge they frequently travelled internationally. Employment and salary suspensions were not imposed.

As of July 22, the deadline for asset registration, the Registration Administration successfully registered assets of more than 18,000 government employees. Verification of assets was slow and problematic for the administration due to lack of organized systems in some government offices. Public outreach by the Registration Administration allowed civil society and private citizens the opportunity to comment on individual declarations.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views. Human rights activists continued to express concern that human rights abusers remained in positions of power within the government.

Government Human Rights Bodies: The constitutionally mandated AIHRC continued to address human rights problems, but it received minimal government funding and relied almost exclusively on international donor funds. On June 27, an IED killed two members of the AIHRC. Perpetrators of the bombing were not identified. Three Wolesi Jirga committees deal with human rights: the Gender, Civil Society, and Human Rights Committee; the Counternarcotic, Intoxicating Items, and Ethical Abuse Committee; and the Judicial, Administrative Reform, and Anticorruption Committee. In the Meshrano Jirga, the Committee for Gender and Civil Society addresses human rights concerns.

Women

Rape and Domestic Violence: The EVAW presidential decree was first issued in 2009 and was reinforced by another presidential decree in 2018. Implementation and awareness of the decree remained a serious problem. The decree criminalizes 22 acts of violence against women, including rape; battery or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. The penal code criminalizes rape of both women and men. The law provides for a minimum sentence of five to 16 years’ imprisonment for conviction of rape, or up to 20 years if one or more aggravating circumstances is present. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The penal code criminalizes statutory rape and prohibits the prosecution of rape victims for zina. The law provides for imprisonment of up to seven years for conviction of “aggression to the chastity or honor of a female [that] does not lead to penetration to anus or vagina.” Under the law rape does not include spousal rape. Authorities did not always enforce these laws, although the government was implementing limited aspects of EVAW, including through EVAW prosecution units.

Prosecutors and judges in rural areas were frequently unaware of the EVAW decree or received pressure to release defendants due to familial loyalties, threat of harm, or bribes, or because some religious leaders declared the law un-Islamic. Female victims faced stringent or violent societal reprisal, ranging from imprisonment to extrajudicial killing.

The penal code criminalizes forced gynecological exams, which act as “virginity tests,” except when conducted pursuant to a court order or with the consent of the subject. Awareness and enforcement of the restrictions on forced gynecological exams remained limited. In October the AIHRC reported that more than 90 percent of these exams were conducted without either a court order or the individual’s consent, and were conducted related to accusations including: adultery, murder, theft, and running away from home, among others. The Ministry of Public Health claimed no exam had taken place without a court order and the consent of the individual. There were reports police, prosecutors, and judges continued to order the exams in cases of “moral crimes” such as zina. Women who sought assistance in cases of rape were often subjected to the exams.

The penal code criminalizes assault, and courts convicted domestic abusers under this provision, as well as under the “injury and disability” and beating provisions in the EVAW decree. According to NGO reports, millions of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, and other individuals. State institutions, including police and judicial systems, failed to adequately address such abuse. Lockdowns due to COVID-19 forced women to spend more time at home, reportedly resulting in increased incidence of domestic violence as well as additional stress on already limited victim support systems. One such incident included a man from Paktika Province who cut off his wife’s nose with a kitchen knife in May. The woman, who regularly faced physical abuse by her husband, was reportedly seeking to leave the abusive relationship when her husband attacked her.

Due to cultural normalization and a view of domestic violence as a “family matter,” domestic violence often remained unreported. The justice system’s response to domestic violence was insufficient, in part due to underreporting, preference toward mediation, sympathy toward perpetrators, corruption, and family or tribal pressure. There were EVAW prosecution units in all 34 provinces, and EVAW court divisions expanded during the year to operate at the primary and appellate levels in all 34 provinces.

Space at the 28 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country. Some women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or being sent back to their family or to the perpetrator. Cultural stigmatization of women who spend even one night outside the home also prevented women from seeking services that may bring “shame” to herself or family.

In 2019 the International Federation of Association Football (FIFA) banned for life the Afghanistan Football Federation’s former head, Keramuddin Karim, and fined him one million Swiss francs (one million dollars) after finding him guilty of sexually abusing female players. At least five female soccer players accused Karim of repeated sexual abuse, including rape, from 2013 to 2018 while he served as the federation president. The players stated that Karim threatened them with reputational and additional physical harm if they did not comply with his advances. Women who rebuffed his advances were expelled from the team, according to eight former players who experienced such treatment. Those who went public faced intimidation. The Attorney General’s Office indicted Karim on multiple counts of rape in 2019, but the court sent the case back to the attorney general for further investigation before trial, and Karim was never questioned. Security forces attempted to arrest Karim on August 23 in Panjshir Province (where he was a former governor) but failed after local residents, many of whom were armed, intervened in support of Karim. At year’s end Karim was still at large.

At times women in need of protection ended up in prison, either because their community lacked a protection center or because “running away” was interpreted as a moral crime. Adultery, fornication, and kidnapping are criminal offenses. Running away is not a crime under the law, and both the Supreme Court and the Attorney General’s Office issued directives to this effect, but some local authorities continued to detain women and girls for running away from home or “attempted zina.” The Ministry of Women’s Affairs, as well as nongovernmental entities, sometimes arranged marriages for women who could not return to their families.

Other Harmful Traditional Practices: The law criminalizes forced, underage, and baad marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family) and interference with a woman’s right to choose her spouse. NGOs reported instances of baad were still practiced, often in rural areas. The practice of exchanging brides between families was not criminalized and remained widespread.

Honor killings continued throughout the year. In May a soldier in Badakhshan Province stabbed his 18-year-old sister to death in an apparent honor killing after she rejected her family’s proposal for an arranged marriage.

Sexual Harassment: The law criminalizes all forms of harassment of women and children, including physical, verbal, psychological, and sexual. By law all government ministries are required to establish a committee to review internal harassment complaints and support appropriate resolution of these claims. Implementation and enforcement of the law remained limited and ineffective. Media reported that the number of women reporting sexual harassment increased compared with prior years, although some speculated this could be an increased willingness to report cases rather than an increase in the incidence of harassment. Women who walked outside alone or who worked outside the home often experienced harassment, including groping, catcalling, and being followed. Women with public roles occasionally received threats directed at them or their families.

Businesswomen faced myriad challenges from the traditional nature of society and its norms with regard to acceptable behavior by women. When it was necessary for a businesswoman to approach the government for some form, permit, or authorization, it was common for a male functionary to ask for sexual favors or money in exchange for the authorization. In April, Human Rights Watch reported that a government employee, in front of other colleagues, told a woman with a disability he would process her disability certificate, which provides a stipend, if she had sex with him. The employee’s colleagues, according to her statement, laughed and said, “How do you want to get your disability card when you don’t want to sleep with us?” She reported that other women with disabilities had faced similar experiences when requesting disability certificates.

Reproductive Rights: In 2020 married couples had the legal right to decide the number, spacing, and timing of their children. The Family Law (2019), which is in effect by promulgation of presidential proclamation (though parliament has not passed it), outlines individuals’ rights to reproductive health. There were no recent, reliable data regarding reproductive rights in 2020. According to the 2015 Afghanistan Demographic and Health Survey, however, only 5 percent of women made independent decisions about their own health care, while 44 percent reported that their husbands made the decisions for them.

Having a child outside of wedlock is a crime according to the penal code and is punishable by up to three years’ imprisonment for both men and women. A mother faced severe social stigma for having a child out of wedlock, even when the pregnancy was a result of rape. Intentionally ending a pregnancy is a crime under both the penal code and the Elimination of Violence against Women (EVAW) law and is punishable by three months to one years’ imprisonment.

In 2020 there were no legal barriers to the use of any type of contraception, but there were social and cultural barriers, including the social practice of mandating a woman’s husband consent to the use of contraception. There were no legal barriers that prevent a woman from receiving reproductive health care or obstetrical care, but socially, many men prevented their wives from receiving care from male doctors or from having a male doctor in attendance at the birth of a child.

Families and individuals in cities generally had better access to information and better means to manage their reproductive health than did those living in rural areas. According to the United Nations, the rate of contraceptive use among married women was 35 percent for those living in urban areas compared with 19 percent in rural areas. According to the UN Population Fund, 20 percent of women could not exercise their right to reproductive health due to violence, and 50 percent did not have access to information about their reproductive rights. According to the Ministry of Public Health, while there was wide variance, most clinics offered some type of modern family planning method.

The WHO reported that the country had 638 maternal deaths per 100,000 live births in 2017 (the last year of reported data). A survey conducted by the Central Statistics Organization in the provinces of Bamyan, Daikundi, Ghor, Kabul, Kapisa, and Parwan concluded that many factors contributed to the high maternal death rate, including early pregnancy, narrowly spaced births, and high fertility. Some societal norms, such as a tradition of home births and the requirement for some women to be accompanied by a male relative to leave their homes, led to negative reproductive health outcomes, including inadequate prenatal, postpartum, and emergency obstetric care. Access to maternal health care services was constrained by the limited number of female health practitioners, including an insufficient number of skilled birth attendants. Additionally, the conflict environment and other security concerns limited women’s safe access to health services of any kind.

The EVAW law and the Prohibition of Harassment against Women and Children Law (2017) contain provisions to support female victims of violence, including sexual violence. In 2020 the Ministry of Women’s Affairs was charged with raising awareness of gender-based and sexual violence and providing legal support to survivors. According to the ministry, assistance was usually focused on pursuing legal action against the perpetrators but sometimes included general health services.

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

Discrimination: Women who reported cases of abuse or who sought legal redress for other matters reported they experienced discrimination within the judicial system. Some observers, including female judges, asserted that discrimination was a result of faulty implementation of law. Limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected women’s access to and participation in the justice system. Women do not have equal legal rights, compared to men, to inherit assets as a surviving spouse, and daughters do not have equal rights, compared to sons, to inherit assets from their parents.

By law women may not unilaterally divorce their husbands, but they may do so with the husband’s consent to the divorce, although men may unilaterally divorce their wives. Many women petition instead for legal separation. According to the family court in Kabul, during the year women petitioned for legal separation twice as frequently as in the previous year.

Prosecutors and judges in some provinces continued to be reluctant to use the EVAW decree, and judges sometimes replaced those charges with others based on the penal code.

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation.

Female political figures and activists were the targets of assassinations and assassination attempts throughout the year. On December 24, unknown gunmen killed women’s rights activist Freshta Kohistani, along with her brother.

Unknown gunmen attacked Fawzia Koofi, a former lawmaker and member of the government negotiating team in intra-Afghan negotiations, who sustained minor injuries.

Similarly, Zarifa Ghafari, the mayor of Maidan Shahr (capital city of Wardak Province), survived two separate assassination attempts. On March 22, unknown gunmen fired on her car; she did not sustain injuries. On October 3, unknown gunmen ambushed her car, but she again escaped unharmed. On November 12, assailants shot and killed Ghafari’s father, an army colonel. The Taliban acknowledged responsibility for the attack. Ghafari claimed the Taliban killed her father to discourage her from serving as mayor.

On August 25, unknown gunmen shot at the car carrying actress and women’s rights campaigner Saba Sahar. Sahar and her companions were injured in the attack.

On November 8, Abdul Sami Yousufi, a prosecutor specializing in EVAW cases, was killed by a group of unidentified gunmen on motorcycles of Herat city. The Herat Attorney General’s Office opened an investigation following the killing.

On November 10, media outlets reported that unidentified assailants attacked and blinded Khatera, a female police officer, for securing a position on the police force. According to media reports, the attackers were tipped off by Khatera’s father. Khatera blamed the Taliban for the attack, although they denied responsibility.

Children

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

Education: Education is mandatory up to the lower secondary level (six years in primary school and three years in lower secondary), and the law provides for free education up to and including the college level. UNICEF reported that approximately 3.7 million children, 60 percent of whom are girls, were not in school due to discrimination, poverty, lack of access, continuing conflict, and restrictions on girls’ access to education in Taliban-controlled areas, among other reasons. Only 16 percent of the country’s schools were for girls, and many of them lacked proper sanitation facilities. Key obstacles to girls’ education included poverty, early and forced marriage, insecurity, a lack of family support, lack of female teachers, and a lack of nearby schools.

Violent attacks on schoolchildren, particularly girls, hindered access to education, particularly in areas controlled by the Taliban. The Taliban and other extremists threatened and attacked school officials, teachers, and students, particularly girls, and burned both boys’ and girls’ schools. In February, Taliban militants set fire to a girls’ school in Takhar Province, burning all equipment, books, and documents.

There were press reports of sexual abuse perpetrated by teachers and school officials, particularly against boys. The government claimed families rarely pressed charges due to shame and doubt that the judicial system would respond. There were reports that both insurgent groups and government forces used school buildings for military purposes. School buildings were damaged and students were injured in Taliban attacks on nearby government facilities.

Child Abuse: The penal code criminalizes child abuse and neglect. The penalty for beating, or physically or mentally disciplining or mistreating a child, ranges from a fine of 10,000 afghanis ($130) to one year in prison if the child does not sustain a serious injury or disability. Conviction of endangering the life of a child carries a penalty of one to two years in prison or a fine of 60,000 to 120,000 afghanis ($800 to $1,600).

Police reportedly beat and sexually abused children. Children who sought police assistance for abuse also reported being further harassed and abused by law enforcement officials, particularly in bacha bazi cases, which deterred victims from reporting their claims.

On September 21, police officers in Kandahar Province beat and raped a 13-year-old boy who died of his injuries. The Attorney General’s Office reported seven suspects were in custody at year’s end and that it filed indictments against them at a Kabul district court in November for assault, rape, and murder.

NGOs reported a predominantly punitive and retributive approach to juvenile justice throughout the country. Although it is against the law, corporal punishment in schools, rehabilitation centers, and other public institutions remained common.

In 2019 human rights defenders exposed the sexual abuse of at least 165 schoolboys from three high schools in Logar Province, alleging that teachers, principals, vice principals, fellow students, and at least one local law enforcement official participated in the abuse. The release of videos of some the rapes and exposure of the scandal led to at least five honor killings of the victims. Two human rights defenders were subsequently placed in NDS detention after exposing the allegations, forced to apologize for their reporting, and continued to face threats after their release, prompting them to flee the country. The Attorney General’s Office investigation into the scandal resulted in the identification of 20 perpetrators, 10 of whom had been arrested by year’s end. Nine of the perpetrators were convicted of child sexual assault by the Logar Primary Court, which handed down sentences ranging between five and 22 years’ imprisonment. Another four men were indicted by the Attorney General’s Office in early September of raping a male student. One of the suspects, a high school headmaster, was the first government employee to face charges of child sexual assault related to the Logar bacha bazi case.

There were reports some members of the military and progovernment groups sexually abused and exploited young girls and boys. UNAMA reported children continued to be subjected to sexual violence by parties to the conflict at an “alarming rate.” According to media and NGO reports, many of these cases went unreported or were referred to traditional mediation, which often allowed perpetrators to reoffend.

The government took steps to discourage the abuse of boys and to prosecute or punish those involved. The penal code criminalizes bacha bazi as a separate crime and builds on a 2017 trafficking-in-persons law (TIP law) that includes provisions criminalizing behaviors associated with the sexual exploitation of children. The penal code details the punishment for authorities of security forces involved in bacha bazi with an average punishment of up to 15 years’ imprisonment. Although no police officer had ever been prosecuted for bacha bazi, eight officers were arrested during the year in connection with bacha bazi incidents and charged with “moral crimes,” sodomy, or other crimes.

The Ministry of Interior operated CPUs throughout the country to prevent the recruitment of children into the ANP, although the CPUs played a limited oversight role in recruiting. Nevertheless, recruitment of children continued, including into the ANP, the ALP, progovernment forces, and Taliban. Additionally, the government did not have sufficient resources to reintegrate children into their families once they had been identified by the CPUs.

Child, Early, and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 years for girls (15 years with the consent of a parent or guardian or the court) and 18 years for boys, international and local observers continued to report widespread early and forced marriages throughout the country. By EVAW decree those convicted of entering into, or arranging, forced or underage marriages are subject to at least two years’ imprisonment; however, implementation was limited.

By law a marriage contract requires verification that the bride is 16 years old (or 15 years old with the permission of her parents or a court), but only a small fraction of the population had birth certificates.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. In addition to outlawing the practice of bacha bazi, the penal code provides that, “[i]f an adult male has intercourse with a person younger than the legal age, his act shall be considered rape and the victim’s consent is invalid.” In the case of an adult female having intercourse with a person younger than the legal age, the law considers the child’s consent invalid and the woman may be prosecuted for adultery. The EVAW decree prescribes a penalty of 10 to 15 years’ imprisonment for forcing an underage girl into prostitution. Taking possession of a child for sexual exploitation or production of pornographic films or images constitutes trafficking in persons under the TIP law regardless of whether other elements of the crime are present.

Displaced Children: During the year NGOs and government offices reported high numbers of returnee families and their children in border areas, specifically Herat and Jalalabad. The government attempted to follow its policy and action plan for the reintegration of Afghan returnees and IDPs, in partnership with the United Nations; however, the government’s ability to assist vulnerable persons, many of them unaccompanied minors, remained limited, and it relied on the international community for assistance. Although the government banned street begging in 2008, NGOs and government offices reported large numbers of children begging and living in the streets of major cities.

Institutionalized Children: Living conditions for children in orphanages were poor. NGOs reported as many as 80 percent of children between ages four and 18 in orphanages were not orphans but from families unable to provide them with food, shelter, schooling, or all three. Children in orphanages reported mental, physical, and sexual abuse and occasionally were victims of trafficking. They did not have regular access to running water, heating in winter, indoor plumbing, health-care services, recreational facilities, or education. Security forces kept child detainees in juvenile detention centers run by the Ministry of Justice, except for a group of children arrested for national security violations who stayed at the detention facility in Parwan, the country’s primary military prison. NGOs reported these children were kept separate from the general population but still were at risk of radicalization.

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.

Anti-Semitism

There were no reports of anti-Semitic acts. Reportedly only one Afghan Jew remained in the country.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits any kind of discrimination against citizens and requires the state to assist persons with disabilities and to protect their rights, including the rights to health care and financial protection. The constitution also requires the state to adopt measures to reintegrate and provide for the active participation in society of persons with disabilities. The law provides for equal rights to, and the active participation of, such persons in society. Observers reported that both the constitutional provisions and disabilities rights law were mostly ignored and unenforced.

Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, difficulty in acquiring government identification required for many government services and voting, lack of economic opportunities, and social exclusion due to stigma.

Lack of security remained a problem for disability programs. Insecurity in remote areas, where a disproportionate number of persons with disabilities lived, precluded delivery of assistance in some cases. The majority of buildings remained inaccessible to persons with disabilities, prohibiting many from benefitting from education, health care, and other services.

In the Meshrano Jirga, authorities reserved two of the presidentially appointed seats for persons with disabilities. By law 3 percent of all government positions are reserved for persons with disabilities, but government officials acknowledged the law was not enforced.

Human Rights Watch released a report in April in which a woman with a disability reported that Herat city offered no disability support services, including technical support for wheelchair damage. She told interviewers she was stranded indoors, unable to access recreational activities.

Members of National/Racial/Ethnic Minority Groups

Ethnic tensions continued to result in conflict and killings. Societal discrimination against Shia Hazaras continued in the form of extortion of money through illegal taxation, forced recruitment and forced labor, physical abuse, and detention. According to NGOs, the government frequently assigned Hazara police officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country. During the year ISIS-K continued attacks against Shia, predominately Hazara, communities. On March 6, gunmen attacked a ceremony in Kabul attended primarily by Shia Hazaras, killing 32. On October 24, a suicide bomber killed 40 persons and wounded 72 others at an educational center in a Hazara neighborhood of Kabul. ISIS-K claimed responsibility. Many of the victims were between the ages of 15 and 26.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs, harassment in school, and verbal and physical abuse in public places. On March 25, gunmen attacked a Sikh gurdwara (house of worship and community gathering place) in Kabul, killing 25 and injuring 11. ISIS-K claimed responsibility for this attack. On March 26, an IED detonated during funeral services for the victims, injuring one. On March 27, police found and defused another IED near the Kabul gurdwara. In the months that followed, many Sikh families departed the country, going primarily to India, due to threats against Sikhs and what they perceived to be inadequate government protection. At year’s end approximately 400 members of the Sikh and Hindu community remained in the country, down from approximately 600 at the start of the year.

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

The law criminalizes consensual same-sex sexual conduct. Under Islamic sharia law, conviction of same-sex sexual activity is punishable by death, flogging, or imprisonment. Under the penal code, sex between men is a criminal offense punishable by up to two years’ imprisonment and sex between women with up to one year of imprisonment. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity.

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

Saboor Husaini, a transgender activist and artist, died in a Herat hospital after being beaten by an unidentified group of men December 25.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV or AIDS, but there was reportedly serious societal stigma against persons with AIDS. While the law allows for the distribution of condoms, the government restricted distribution to married couples.

a. Freedom of Association and the Right to Collective Bargaining

The labor law provides for the right of workers to join and form independent unions and to conduct legal strikes and bargain collectively, and the government generally respected these rights, although it lacked enforcement tools. The labor law, however, provides no definition of a union or its relationship with employers and members, nor does it establish a legal method for union registration or penalties for violations. The labor law does not prohibit antiunion discrimination or provide for reinstatement of workers fired for union activity. Other than protecting the right to participate in a union, the law provides no other legal protection for union workers or workers seeking to unionize.

Although the labor law identifies the Ministry of Labor and Social Affairs’ (Ministry of Labor) Labor High Council as the highest decision-making body on labor-related issues, the lack of implementing regulations prevented the council from performing its function. There was an inspection office within the ministry, but inspectors could only advise and make suggestions. As a result, the application of the labor law remained limited because of a lack of central enforcement authority, implementing regulations that describe procedures and penalties for violations, funding, personnel, and political will.

The government allowed several unions to operate, but it interfered with the National Union of Afghanistan Workers and Employees (NUAWE), forcing its offices to remain closed after several raids in 2018. The Justice Ministry blocked NUAWE from holding a congress, reneged on its promise to unblock union bank accounts, and refused to return confiscated properties until after a union congress. Freedom of association and the right to bargain collectively were sometimes respected, but most workers were not aware of these rights. This was particularly true of workers in rural areas or the agricultural sector, who had not formed unions. In urban areas the majority of workers participated in the informal sector as day laborers in construction, where there were neither unions nor collective bargaining.

b. Prohibition of Forced or Compulsory Labor

The labor law narrowly defines forced labor and does not sufficiently criminalize forced labor and debt bondage. Men, women, and children were exploited in bonded labor, where an initial debt assumed by a worker as part of the terms of employment was exploited, ultimately entrapping other family members, sometimes for multiple generations. This type of debt bondage was common in the brickworks industry. Some families knowingly sold their children into sex trafficking, including for bacha bazi (see section 7.c.).

Government enforcement of the labor law was ineffective; resources, inspections, and remediation were inadequate; and the government made minimal efforts to prevent and eliminate forced labor. Penalties were not commensurate with analogous crimes, such as kidnapping.

The government prosecuted and convicted two perpetrators of bacha bazi for kidnapping and increased the number of child protection units at the ANP. Despite consistent reports of bacha bazi perpetrated by Afghan National Army, ANP, and Afghan Local Police officials, however, the government has never prosecuted an official for bacha bazi, although the Attorney General’s Office investigated and filed indictments against seven Kandahar security officers implicated in the sexual abuse and death of a boy in September. The government denied that security forces recruited or used child soldiers. Some victims reported that authorities perpetuated abuse in exchange for pursuing their cases, and authorities continued to arrest, detain, and penalize victims.

Men, women, and children (see section 7.c.) were exploited in bonded and forced labor. Traffickers compelled entire families to work in bonded labor, predominantly in the carpet and brick making industries in the eastern part of the country. Some women who were sold to husbands were exploited in domestic servitude by their husbands. Men were subjected to forced labor and debt bondage in agriculture and construction.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The labor law sets the minimum age for employment at 15 but permits 14-year-old children to work as apprentices, allows children 15 years old and older to do light nonhazardous work, and permits children 15 to 17 to work up to 35 hours per week. The law prohibits children younger than 14 from working under any circumstances. The law was openly flouted, with poverty driving many children into the workforce. The law also bans the employment of children in hazardous work that is likely to threaten their health or cause disability, including mining and garbage collection; work in blast furnaces, waste-processing plants, and large slaughterhouses; work with hospital waste; drug-related work; security-guard services; and work related to war.

Poor institutional capacity was a serious impediment to effective enforcement of the labor law. Labor inspectors do not have legal authority to inspect worksites for compliance with child labor laws or to impose penalties for noncompliance. Other deficiencies included the lack of authority to impose penalties for labor inspectors, inadequate resources, labor inspector understaffing, inspections, remediation, and penalties for violations.

Child labor remained a pervasive problem. Most victims of forced labor were children. Child laborers worked as domestic servants, street vendors, peddlers, and shopkeepers. There was child labor in the carpet industry, brick kilns, coal mines, and poppy fields. Children were also heavily engaged in the worst forms of child labor in mining, including mining salt; commercial sexual exploitation including bacha bazi (see section 6, Children); transnational drug smuggling; and organized begging rings. Some forms of child labor exposed children to land mines. Children faced numerous health and safety risks at work. There were reports of recruitment of children by the ANDSF during the year (see section 1.g.). Taliban forces pressed children to take part in hostile acts (see section 6, Children).

Some children were forced by their families into labor with physical violence. Particularly in opium farming, families sold their children into forced labor, begging, or sex trafficking to settle debts with opium traffickers. Some Afghan parents forcibly sent boys to Iran to work to pay for their dowry in an arranged marriage. Children were also subject to forced labor in orphanages run by NGOs and overseen by the government.

According to the International Labor Organization and UNICEF, millions more children were at risk of child labor due to COVID-19, because many families lost their incomes and did not have access to social support. Child labor was a key source of income for many families and the rising poverty, school closures, and decreased availability of social services increased the reliance on child labor. Many children already engaged in child labor were experiencing a worsening of conditions and working longer hours, posing significant harm to their health and safety. Aid and human rights groups reported that child labor laws were often violated, and children frequently faced harassment and abuse and earned very little or nothing for their labor.

Gender inequalities in child labor were also rising, as girls were particularly vulnerable to exploitation in agriculture and domestic work. COVID-19 also increased violent attacks on schools and teachers, which disproportionately impacted girls’ access to education and vulnerability to child labor. The UN Security Council reported that nine attacks against schools occurred between April 1 and June 30. Poverty and security concerns frequently lead parents to pull girls out of school before boys.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings , and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination and notes that citizens, both “man and woman,” have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, religion, national origin, color, sex, ethnicity, disability, or age. The penal code prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism, which is commensurate to laws related to civil rights, such as election interference. A 2018 law criminalized physical, verbal, and nonverbal harassment, punishable with a fine, but the law remained largely ineffective due to underreporting.

Women continued to face discrimination and hardship in the workplace. Women made up only 22 percent of the workforce. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day-care facilities. Gender-based violence escalated with targeted killings of high-profile women in the public sector. Salary discrimination existed in the private sector. Men earned 30 percent more on average in the same occupations as women and 3.5 times more in agriculture and forestry, where women occupied two-thirds of the workforce. Female journalists, social workers, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.

The Ministry of Labor and the Ministry of Public Health jointly adopted a regulation prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, of which 31 are identified as worst forms of child labor that are prohibited to children younger than 18. It is not permissible for women and children to engage in types of work that are physically arduous, harmful to health, or carried out in underground sites, such as in the mining sector.

Ethnic Hazaras, Sikhs, and Hindus faced discrimination in hiring and work assignments, in addition to broader social discrimination (see section 6, Members of National/Racial/Ethnic Minority Groups).

e. Acceptable Conditions of Work

The minimum wage rates for workers in the nonpermanent private sector and for government workers were below the poverty line.

The labor law defines the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The labor law makes no mention of day workers in the informal sector, leaving them completely unprotected. There are no occupational health and safety regulations or officially adopted standards. The law, however, provides for reduced standard workweeks for children ages 15 to 17, pregnant women, nursing mothers, and miners and workers in other occupations that present health risks. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work without establishing penalties and stipulates that overtime work be subject to the agreement of the employee. The law requires employers to provide day care and nurseries for children.

The government did not effectively enforce minimum wage and overtime nor occupational health and safety laws. The number of labor inspectors was not sufficient to enforce compliance, and inspectors have no legal authority to enter premises or impose penalties for violations. Resources, inspections, and remediation were inadequate, and penalties for violations were not commensurate with those for similar crimes.

Employers often chose not to comply with the law or preferred to hire workers informally. Most employees worked longer than 40 hours per week, were frequently underpaid, and worked in poor conditions, particularly in the informal sector. Workers were generally unaware of the full extent of their labor rights. Although comprehensive data on workplace accidents were unavailable, there were several reports of poor and dangerous working conditions. Some industries, such as brick kiln facilities, continued to use debt bondage, making it difficult for workers to remove themselves from situations of forced labor that endangered their health or safety.

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

There were numerous reports security forces committed arbitrary or unlawful killings (see also section 1.g.) of civilians, prisoners, and other persons in their power.

On April 7, seven persons in Paletwa Township, Chin State, were killed when military airstrikes hit the village. Those killed included two children, a mother, and an infant. Eight others were injured. On June 10, Myo Thant, a 43-year-old also from Paletwa Township, was shot and killed by members of military’s 22nd Light Infantry Brigade.

In late June, a 60-year-old farmer named Lone Hsu was killed and a woman was injured when soldiers opened fire on a village in northern Shan State. The incident sparked a protest by more than 10,000 persons in Kyaukme Township, who called for an end to military brutality against civilians. On June 29, the military announced the squadron commander would be court-martialed because the shooter–an infantry soldier–had died in battle. There was no report of action as of November.

There were reports of suspects in custody dying as a result of police mistreatment. On August 10, two 17-year-old boys, sentenced to two years’ incarceration at the Mandalay Community Rehabilitation Centre for robbery, died under suspicious circumstances after a failed escape attempt, according to local media. The families of the deceased noted injuries found on the bodies of both boys.

b. Disappearance

There were reports of disappearances by security forces.

Khaing Khant Kyaw, a student at the Defense Services Medical Academy in Rangoon, disappeared in late August after he criticized military leaders in an August Facebook post. As of November, his whereabouts were unknown, according to the news service Myanmar Now.

According to the Chin Human Rights Organization, at least 18 persons from Paletwa Township in Chin State and from Rakhine State remained missing as of November, some two years after disappearing. At least three were reportedly abducted by the ethnic Rakhine Arakan Army (AA) (see also section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture; however, members of security forces reportedly tortured and otherwise abused suspects, prisoners, detainees, and others. Such incidents occurred, for example, in prisons and in Rakhine State. Authorities generally took no action to investigate incidents or punish alleged perpetrators.

Human rights groups reported incidents of alleged torture by security forces and some ethnic armed groups in ethnic minority areas. In Rakhine State, hundreds of prisoners reportedly were subject to torture and abuse by state prison and security officials.

Sexual violence by security force members continued. On January 14, a Chin woman was hospitalized after she was reportedly tortured while in the custody of military forces operating under the Western Command in Ann, Rakhine State. She was arrested on suspicion that her husband had been in contact with members of the AA. In another case on June 29, a woman in Rakhine State’s Rathedaung Township was allegedly raped by three military personnel at gunpoint. The 36-year-old woman filed a complaint with Sittwe Police Station, and the police station accepted the complaint and opened cases for rape, abduction with the intent to rape, and aiding and abetting rape. The military was also conducting an internal investigation.

Although there were reports of official investigations into some cases of alleged sexual violence, the government released no information on them.

Security forces reportedly subjected detainees to harsh interrogation techniques designed to intimidate and disorient, including severe beatings and deprivation of food, water, and sleep.

There was a widespread impression that security force members enjoyed near complete impunity for abuses committed. Police and military tribunals were often not transparent about investigations, trials, or punishments they claimed to have undertaken. There was no information to suggest that human rights training was a prominent part of overall security forces training or that rights abuses were punished in ways commensurate with the seriousness of crimes committed.

On September 16, the military’s Office of the Judge Advocate General announced that it was “investigating possible wider patterns of violations in the region of northern Rakhine State in 2016 and 2017.” The announcement came after release of a report by a government-appointed commission on violence in the region that found security forces had committed war crimes (see section 5, Government Human Rights Bodies).

On June 30, the military announced that two officers and a soldier had been convicted for “weakness in following the instructions” during the “Gu Dar Pyin incident.” Rakhine State’s Gu Dar Pyin village was the site of a massacre by the military in 2017, part of its campaign of mass atrocities that forced more than 740,000 Rohingya to flee to Bangladesh. The military did not provide any other information, such as the names and ranks of those convicted, their role in the massacre, or their sentences.

Prison and Detention Center Conditions

Conditions in prisons, labor camps, and military detention facilities were reportedly harsh and sometimes life threatening due to overcrowding, degrading treatment, and inadequate access to medical care and basic needs, including food, shelter, and hygiene.

Physical Conditions: There were 46 prisons and 50 labor camps, the latter referred to by the government as “agriculture and livestock breeding career training centers” and “manufacturing centers.” A prominent human rights group estimated there were approximately 70,000 prisoners. Women and men were held separately. Overcrowding was reportedly a serious problem in many prisons and labor camps. In March, before the latest general amnesty, a human rights group reported that occupancy at the country’s largest prison was nearly triple capacity. Some prisons held pretrial detainees together with convicted prisoners. More than 20,000 inmates were serving court-mandated sentences in labor camps located across the country.

Corruption was endemic in the penal system. Some authorities reportedly sent prisoners whose sentences did not include “hard labor” to labor camps in contravention of the law and “rented out” prisoners as labor to private companies for personal financial gain, although official policy prohibited both practices. In spite of reforms in recent years, conditions at the camps remained life threatening for some, especially at 18 labor camps where prisoners worked as miners.

Bedding was often inadequate and sometimes consisted of a single mat, wooden platform, or laminated plastic sheet on a concrete floor. Prisoners did not always have access to potable water. In many cases family members had to supplement prisoners’ official rations, medicine, and basic necessities. Inmates also reportedly paid prison officials for necessities, including clean water, prison uniforms, plates, cups, and utensils.

Medical care was inadequate and reportedly contributed to deaths in custody. Prisoners suffered from health problems, including malaria, heart disease, high blood pressure, tuberculosis, skin diseases, and stomach problems, caused or exacerbated by unhygienic conditions and spoiled food. Former prisoners also complained of poorly maintained physical structures that provided no protection from the elements and had rodent, snake, and mold infestations.

Prison conditions in Rakhine State were reportedly among the worst.

Administration: Prisoners and detainees could sometimes submit complaints to judicial authorities without censorship or negative repercussions, but there was no clear legal or administrative protection for this right.

Some prisons prevented full adherence to religious codes for prisoners, ostensibly due to space restrictions and security concerns. For example, imprisoned Buddhist monks reported authorities denied them permission to observe holy days, wear robes, shave their heads, or eat on a schedule compatible with the monastic code. For the general prison population, some authorities allowed individual or group worship, but prohibited long beards, wearing robes, or shaved heads.

Independent Monitoring: The ICRC had conditional and limited access to all prisons and labor camps; it did not have access to military detention sites. With prior approval from the Prison Department, it could visit prisons and labor camps twice monthly but could not meet privately with prisoners. The ICRC reported its findings through a strictly confidential bilateral dialogue with prison authorities. These reports were neither public nor shared with any other party.

The Ministry of Home Affairs Department of Corrections operates the prison and labor camp system. The International Committee of the Red Cross (ICRC) and the UN Office on Drugs and Crime were able to visit facilities during the past year, although some restrictions on access remain.

The military did not permit access to its detention facilities.

Improvements: The UN Office of Drugs and Crime strengthened its health system program in four prisons by including measures to respond to the COVID-19 pandemic.

d. Arbitrary Arrest or Detention

The law does not prohibit arbitrary arrest, and the government continued to arrest persons, often from ethnic and religious minority groups, and notably in Rakhine State, on an arbitrary basis. Persons held generally did not have the right to appeal the legality of their arrest or detention administratively or before a court.

The law allows authorities to order detention without charge or trial of anyone they believe is performing or might perform any act that endangers the sovereignty and security of the state or public peace and tranquility. The civilian government and the military continued to interpret these laws broadly and used them arbitrarily to detain activists, student leaders, farmers, journalists, political staff, and human rights defenders.

Personnel from the Office of the Chief of Military Security Affairs and police commonly conducted searches and made arrests at will, despite the law generally requiring warrants.

Arrest Procedures and Treatment of Detainees

The law generally requires warrants for arrest, but this this requirement was not always followed.

By law authorities may hold suspects in pretrial detention for two weeks (with a possible two-week extension) before bringing them before a judge or informing them of the charges against them. According to the Independent Lawyers’ Association of Myanmar, police regularly detained suspects for two weeks, failed to file a charge, and released suspects briefly before detaining them for a series of two-week periods with pro forma trips to the judge in between.

The law grants detainees the right to consult an attorney, but in some cases authorities refused to allow suspects this right. The law provides access to fair and equal legal aid based on international standards and mandates the independence of and legal protection for legal aid workers. The government failed to provide adequate funding and staffing to implement the law fully. Through September the legal aid program handled 300 cases.

There is a functioning bail system, but bribery was a common substitute for bail. Bail is commonly offered in criminal cases, but defendants were often required to attend numerous pretrial hearings before bail was granted.

In some cases the government held detainees incommunicado. There were reports authorities did not inform family members or attorneys of arrests of persons in a timely manner, reveal the whereabouts of those held, and often denied families the right to see prisoners in a timely manner.

Arbitrary Arrest: There were reports of arbitrary arrests, including detention by the military in conflict areas.

Amnesty International documented arbitrary detention in several townships in Rakhine State. A villager from Kyauktaw Township witnessed soldiers arresting 10 villagers, including her husband, on March 16. She said soldiers punched, kicked, and used guns to hit those who resisted.

On July 24, land activist Gei Om was taken into custody after a local official sent a letter of complaint to authorities in Mindat Township, Chin State, alleging that Gei Om had spread false news about possible illicit activities, was involved in an illegal land dispute settlement in 2016, and had been collecting illegal taxes from villagers. Prior to his arrest, Gei Om helped local community leaders to monitor the impact of a model farm project to harvest oil seed plants designed by the Management Committee of Mindat Township, according to the International Federation for Human Rights. They reportedly found that those in charge of the model farms had engaged in illegal logging and that the farms had caused environmental damage in Natma Taung National Park.

Pretrial Detention: Judges and police sometimes colluded to extend detentions. According to the Independent Lawyers’ Association, arbitrary and lengthy pretrial detentions resulted from lengthy, complicated legal procedures and widespread corruption. Periods of detention prior to and during trials sometimes equaled or exceeded the sentence that would result from a conviction.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Although habeas corpus exists in law, security forces often arrested and detained individuals without following proper procedures, in violation of national law. Arbitrary arrest or detention was sometimes used to suppress political dissent, according to the Assistance Association for Political Prisoners.

e. Denial of Fair Public Trial

The law calls for an independent judiciary, but the government manipulated the courts for political ends and sometimes deprived citizens of due process and the right to a fair trial, particularly in freedom of expression cases.

The criminal justice system was overburdened by a high number of cases lodged against small-time drug users, who constituted an estimated 50 percent of caseloads in the courts.

Corruption in the judiciary remained a significant problem. According to civil society organizations, officials at all levels received illegal payments at all stages of the legal process for purposes ranging from influencing routine matters, such as access to a detainee in police custody, to substantive decisions, such as fixing the outcome of a case.

The case of political activist Aung That Zin Oo (known as James) illustrates the prolonged delays, procedural irregularities, and political maneuvering that mark the judicial process. On August 25, a township court convicted James of carrying fake identification cards during a 2015 protest and sentenced him to six months at hard labor. James was tried and convicted because the local immigration office refused to drop the charges against him, although all charges against others arrested with him were dropped when the National League for Democracy (NLD) government took office in 2016.

The military and the government directly and indirectly exerted influence over the outcome of cases. Former military personnel, for example, served in key positions, and observers reported that the military pressured judicial officials in cases involving military interests, such as investments in military-owned enterprises.

Trial Procedures

The law provides for the right to a fair and public trial but also grants broad exceptions, effectively allowing the government to violate these rights at will. In ordinary criminal cases, the government allowed courts to operate independently, and courts generally respected some basic due process rights such as allowing a defense and appeal. Defendants do not enjoy a presumption of innocence or the rights to be informed promptly and in detail of the charges against them; to be present at their trial; to free interpretation; or, except in capital cases, to consult an attorney of their choice or have one provided at government expense. There is no right to adequate time and facilities to prepare a defense; defense attorneys in criminal cases generally had 15 days to prepare for trial. There is a fair trial standards manual, but because of the low standard of legal education, prosecutors, defense attorneys, and judges were often unfamiliar with precedent, case law, and basic legal procedures. While no legal provision allows for coerced testimony or confessions of defendants to be used in court, authorities reportedly accepted both. There were reports of official coercion to plead guilty despite a lack of evidence, with promises of reduced sentences to defendants who did so.

Although the law provides that ordinary criminal cases should be open to the public, members of the public with no direct involvement in a case were sometimes denied entry to courts. Defense attorneys generally could call witnesses and conduct cross-examinations. Prodemocracy activists generally were able to retain counsel, but other defendants’ access to counsel was inadequate.

Local civil society groups noted the public was largely unaware of its legal rights, and there were too few lawyers to meet public needs.

Political Prisoners and Detainees

The government continued to detain and arrest journalists, activists, and critics of the government and the military. According to civil society groups who use a definition of political prisoners that includes those who may have engaged in acts of violence and excludes some charges related to freedom of expression and religion, there were 36 convicted political prisoners as of October. Another 584 individuals were facing trial for their political views, of whom 193 were in pretrial detention and the rest were out on bail, according to the Assistance Association for Political Prisoners. The ICRC had very limited access to political prisoners.

Authorities held some political prisoners separately from common criminals, but political prisoners arrested in land rights disputes were generally held together with common criminals.

On May 18, the Union Election Commission annulled Aye Maung’s status as a lower house lawmaker and barred him from running in future elections due to his treason conviction. In 2019 Aye Maung, then chairman of the Arakan National Party, was sentenced to 20 years in prison for high treason and another two years for defamation of the state after remarks interpreted by the government as expressing and encouraging support for the AA.

Many former political prisoners were subject to surveillance and restrictions following their release, including the inability to resume studies or secure travel, identity, or land ownership documents.

Civil Judicial Procedures and Remedies

No specific mechanisms or laws provide for civil remedies for human rights abuses; however, complainants may use provisions of the penal code and laws of civil procedure to seek civil remedies. Individuals and organizations may not appeal an adverse decision to regional human rights bodies but may make complaints to the Myanmar National Human Rights Commission.

Property Restitution

Under the constitution the state owns all land, although there is a limited amount of freehold land and the law allows for registration and sale of private land ownership rights. Most land is held in long-term lease, meaning that while this leasehold land is still owned by the government, it is leased to private parties on a long-term basis with a general expectation that the leasehold will automatically roll over upon its expiration. The law provides for compensation when the government acquires privately held land for a public purpose; however, civil society groups criticized the lack of safeguards in the law and declared that compensation was infrequent and inadequate when offered. The government can also declare land unused or “vacant” and assign it to foreign investors or designate it for other uses. Authorities and private-sector organizations seized land during the year; restitution was very limited. In Mon State, for example, retired military personnel acting as private-sector land agents obtained land use rights to pursue development of rubber plantations, while those displaced received minimal compensation.

The General Administration Department of the Office of the Union Government oversees land restitution. There is no judicial review of land ownership or confiscation decisions, although there are limited administrative processes to manage objections. Administrative bodies subject to political control by the national government make final decisions on land use and registration. Researchers and civil society groups stated land laws facilitated land confiscation without providing adequate procedural protections. In some cases, advance notice of confiscations was not given.

The law does not favor recognition of traditional land-tenure systems (customary tenure). In March the new Vacant, Fallow, and Virgin Lands Management Law came into effect, requiring anyone occupying land classified as “vacant, fallow, or virgin” to apply for permits within six months. Continued use of the affected land without applying for permits meant land users would be in trespass and could be sentenced to up to two years in prison. If rigorously enforced, this order could result in millions of persons losing rights of access to their lands. Understanding of the new law and the application process was low in affected communities.

Beginning in September, police began to arrest farmers for violating the new law. Eight farmers were sentenced to two years’ imprisonment for farming land in Ayeyarwady Region that the local government seized as vacant and sold to a private company.

Civil society groups argued the new law was unjust and called for its immediate suspension. These groups also called for customary tenure to be defined and included in all land laws since it is included in the National Land Use Policy.

Observers were concerned about official statements suggesting that the new law could also be used to prevent displaced Rohingya from returning to their land or receiving adequate compensation. Officials stated that burned land would revert to the government and posted signs in several venues to that effect. Given that the military bulldozed villages, demolished structures, and cleared vegetation to build security bases and other structures in Rakhine State and given that the land law states that land not used productively within four years reverts to the government, civil society groups saw little progress in returning land confiscated by the government.

In March a group of 41 Karenni farmers and activists who were detained for more than six months for damaging property in a dispute with the army predating the new law were released from prison in Loikaw, Kayah State, after completing their sentences and paying fines. During the year many other farmers were awaiting trial in similar cases.

Neither restitution nor adequate compensation was provided to persons or communities whose land was confiscated under the former military regime.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law protects the privacy and security of the home and property, but these protections were poorly enforced. The law does not protect the privacy of correspondence or other communications.

Some activists reported the government systematically monitored citizens’ travel and closely monitored the activities of politically active persons, while others reported they did not experience any such invasions of privacy. Special Branch police, official intelligence networks, and other administrative systems (see section 2.d.) were reported agents of such surveillance.

The government and military commonly monitored private electronic communications through online surveillance. Police used Cellebrite technology to breach cell phones. While Cellebrite halted new sales in the country and stopped servicing equipment that was already sold in late 2018, authorities continued to employ the technology.

Authorities in Rakhine State required Rohingya to obtain a permit to marry officially, a step not required of other ethnicities. Waiting times for the permit could exceed one year, and bribes usually were required. Unauthorized marriages could result in prosecution of Rohingya men under the law, which prohibits a man from “deceitfully” marrying a woman, and could result in a prison sentence or fine.

There were reports of regular, unannounced nighttime household checks in northern Rakhine State and in other areas.

g. Abuses in Internal Conflict

There were long-running armed internal conflicts across the country. Reports of killings, disappearances, beatings, torture, forced labor, forced relocations, the unlawful recruitment and use of child soldiers, excessive use of force, disregard for civilian life, sexual violence, and other abuses committed by government forces and armed opposition and rebel groups were common. Within the military, impunity for abuses and crimes continued, although the military took disciplinary action in limited cases.

Conflict continued and escalated between the military and the AA in central and northern Rakhine State and expanded into southern Chin State; clashes between the military and multiple armed groups in northern Shan State took place throughout the year. Heavy fighting between the military and the AA displaced tens of thousands of civilians and resulted in civilian casualties and credible reports of military abuses. Although fighting between the two sides quieted in November and December and some individuals returned home, the situation remained tense and most displaced persons were unable to do so. The military also clashed with the Karen National Union in Karen State, temporarily displacing hundreds in February and March.

Killings: Military officials reportedly killed, tortured, and otherwise seriously abused civilians in conflict areas without public inquiry or accountability. Following ethnic armed groups’ attacks on the military, the military reportedly often directed its attacks against civilians, resulting in deaths. Some ethnic armed groups, most notably the AA, also allegedly committed abuses. The AA allegedly killed off-duty police and military personnel as well as civilians suspected of providing information to the military. Multiple local and international groups reported that the number of dead and injured civilians in the fighting between the military and the AA from January to April alone far surpassed the total for all of 2019–by one accounting, 151 were killed and 394 wounded through the middle of April–as the overall humanitarian situation deteriorated while the geographic scope of fighting grew.

The military blamed the AA for these and other killings of police: a police lieutenant was killed in Kyauktaw, Rakhine State on June 13; a police captain was shot by multiple assailants at the same station on August 12; two off-duty Border Guard Police officers were abducted in Maungdaw, Rakhine State on September 8, one was killed and the other was missing as of October. On September 8, four persons, including two children, were killed and another 10 wounded when the military fired artillery into a village in Myebon Township, Rakhine State, according to local residents and press.

Abductions: Government soldiers and nonstate armed groups abducted villagers in conflict areas.

The AA often abducted officials and others for propaganda purposes. On January 21, the AA released lower house member of parliament Hawi Tin after two months in custody. The AA detained him and several Indian nationals en route from Paletwa, Chin State, to Kyauktaw, Rakhine State. On October 19, the AA claimed responsibility for the October 14 abduction of two NLD candidates who were campaigning in Taungup Township, Rakhine State. The NLD rejected AA demands for the release of students and other protesters in exchange for the candidates.

Physical Abuse, Punishment, and Torture: Nongovernmental organization (NGO) reports provided credible information that the military tortured and beat civilians alleged to be working with or perceived to be sympathetic to ethnic armed groups in Rakhine State. There were also continued reports of forced labor and forced recruitment by the United Wa State Army, the Restoration Council of Shan State, and the Ta’ang National Liberation Army.

In May a video released by Radio Free Asia on social media showed soldiers viciously beating five blindfolded and bound men from Ponnagyun Township, Rakhine State, on April 27 aboard a naval vessel. The five were forced to confess to being AA members, although relatives and local villagers claimed they were civilians from a village the military shelled on April 13. The military released a statement on May 12 admitting that members of the security forces performed “unlawful interrogations” and promising to “take actions.”

Civilians, armed actors, and NGOs operating inside the country and along the border reported continued indiscriminate landmine use by the military and armed groups.

Child Soldiers: Four ethnic armed groups–the Kachin Independence Army, the armed wing of the Kachin Independence Organization; the Shan State Army, the armed wing of the Shan State Progress Party; the United Wa State Army; and the Democratic Karen Benevolent Army–were listed in the UN secretary-general’s 2020 report on Children and Armed Conflict as perpetrators of the unlawful recruitment and use of children. The military was conditionally delisted by the secretary-general as a perpetrator of unlawful recruitment and use of children due to continued progress on child recruitment, although the secretary-general called for continued progress on use of children.

The penalties imposed for recruiting and using child soldiers in a manner inconsistent with relevant laws were not commensurate with the seriousness of these actions. Most child recruitment or use cases reportedly culminated in reprimands, demotions, relocations, fines, or decreases in pensions, penalties significantly less severe than those prescribed by criminal law. Despite military directives prohibiting the use and recruitment of children, some children were still used by the military for noncombat roles in conflict areas. On child recruitment, reports continued that middlemen fraudulently facilitated enrollment of underage recruits, sometimes at the request of the recruits’ families. The Ministry of Defense undertook to investigate military personnel implicated in unlawfully recruiting child soldiers. There was, however, no evidence that the government prosecuted soldiers in military or civilian courts for recruiting or using child soldiers.

The military generally allowed UN monitors to inspect for compliance with agreed-upon procedures for ending the unlawful use and recruitment of children and identifying and demobilizing those already recruited. There were, however, some delays in securing official permissions, and access to conflict areas was often denied. The government allowed the United Nations to engage ethnic armed groups on the signing of joint plans of action to end the recruitment and use of child soldiers and to demobilize and rehabilitate those already serving.

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

Other Conflict-related Abuse: The government restricted the passage of relief supplies and access by international humanitarian organizations to conflict-affected areas of Rakhine, Chin, Kachin, and Shan States. The government regularly denied access to the United Nations, international NGOs, and diplomatic missions, asserting the military could not ensure their security or by claiming that humanitarian assistance would benefit ethnic armed group forces. In some cases the military allowed gradual access as government forces regained control over contested areas.

A World Health Organization vehicle with UN markings transporting COVID-19 test samples to Rangoon came under fire in Minbya Township, Rakhine State, on April 20, during heavy fighting in the area. The driver was hit and died of his injuries on April 21. The military and the AA traded blame for the attack. Based on the nature of the attack and the vehicle’s passage through a military checkpoint shortly before coming under fire, most observers believed the AA was responsible, although the attack may have been unintended. The government announced the formation of a four-member committee to investigate the attack.

In a separate incident, a convoy of five clearly marked World Food Program trucks came under fire in southern Chin State on April 29 while transporting food aid to vulnerable communities around Paletwa, the site of numerous recent clashes between the military and the AA. One of the drivers suffered a minor injury, and three of the five trucks were damaged. The World Food Program supplies ultimately reached Paletwa on May 2, traveling the final distance by boat.

Reports continued that the military forced civilians to act as human shields, carry supplies, or serve in other support roles in conflict areas such as northern Shan, southern Chin, and Rakhine States. On October 5, military forces conscripted 14 Rohingya civilians, many of them teenagers, to act as “guides” in the village of Pyin Shae, in Buthidaung Township, according to local civil society, officials, and multiple press reports. The soldiers, anticipating a clash with the AA forced the villagers to walk in front of them–using them, in effect, as human buffers. One press report indicated the military might also have believed the area was mined. When the group came under fire from AA forces, two teenage boys were killed and a man was seriously injured; the others fled.

As of November, an estimated 326,500 persons remained displaced by violence in Rakhine, Chin, Kachin, and Shan States. An increase of 60,000 in 12 months in Rakhine and Chin States was driven by the fighting between the AA and the military. In some cases, villagers driven from their homes fled into the forest, frequently in heavily mined areas, without adequate food, security, or basic medical care.

a. Freedom of Expression, Including for the Press

The constitution provides that “every citizen shall be at liberty in the exercise of expressing and publishing freely their convictions and opinions,” but it contains the broad and ambiguous caveat that exercise of these rights must “not be contrary to the laws enacted for national security, prevalence of law and order, community peace and tranquility, or public order and morality.” Threats against and arrests of journalists and others who criticized the government or military continued.

Freedom of Speech: Freedom of speech was more restricted than in 2019. Authorities arrested, detained, convicted, intimidated, and imprisoned citizens for expressing political opinions critical of the government and the military, generally under charges of defamation, incitement, or violating national security laws. This included the detentions and trials of activists and ordinary citizens. The government applied laws carrying more severe punishments than in the past, including laws enabling years-long prison sentences.

Some persons remained wary of speaking openly about politically sensitive topics due to monitoring and harassment by security services and ultranationalist Buddhist groups. Police continued to monitor politicians, journalists, and writers.

On January 17, the Karen State government charged Karen environmental activist Saw Tha Phoe over his role in a traditional prayer ceremony to protect local water resources against pollution from a coal-powered cement factory. He fled when police attempted to arrest him and was still in hiding as of November. The local government General Administration Department filed a complaint against Saw Tha Phoe for making or circulating statements that may cause public fear or alarm and incite the public to commit an offense against the state or “public tranquility.”

On May 7, the Kayah State government placed numerous restrictions on civil society and political activities, using COVID-19 as a pretext to ban any speeches, writing, pictures, posters, placards, pamphlets, or other activity deemed to be defamatory to authorities, according to The Irrawaddy newspaper.

On September 4, Maung Saungkha, an activist, poet, and cofounder of the freedom of expression activist organization Athan, paid a fine to avoid a prison sentence over an act of peaceful protest to mark the first anniversary of the mobile internet shutdown in Rakhine and Chin States. Saungkha unfurled a banner asking: “Is the internet being shut down to hide war crimes in Rakhine [State] and killing people?”

Military officers brought or sought to bring charges against several prominent religious figures based on their criticism of the military, including multiple Buddhist monks. Cases against at least three prominent, protolerance monks critical of the military and Burmese Buddhist ultranationalism, Sein Ti Ta, Myawaddy Sayadaw, and Thawbita, remained open as of November.

As of November, proceedings continued in the cases against democracy activist Nilar Thein and four others for their protest during a court hearing for Peacock Generation members (see Academic and Freedom and Cultural Events below). Nilar Thein and the four others were charged with “obstructing” and “deterring” a public official. The maximum sentence is three years in jail.

Freedom of Press and Media, Including Online Media: Independent media were active and able to operate, despite many official and unofficial restrictions. The government continued to permit the publication of privately owned daily newspapers. As of November, authorities approved 47 dailies; however, press freedom declined compared with 2019, and security forces detained journalists under laws carrying more severe sentences than those used in previous years.

Local media could cover human rights and political issues, including, for example, democratic reform and international investigations of the 2017 ethnic cleansing in Rakhine State, although they observed some self-censorship on these subjects. Official action or threats of such action increased against journalists reporting on conflict in Rakhine State involving the AA. The government generally permitted media outlets to cover protests and civil unrest, topics not reported widely in state-run media.

The military continued to react harshly to perceived critical media commentary through prosecution by civil authorities. Members of the ruling party increasingly prosecuted journalists perceived as critical. Officials continued to monitor journalists in various parts of the country, according to Freedom House.

On April 3, Takotaw Nanda (also known as Aung Kyi Myint), a Channel Myanmar News journalist, was sentenced to two years’ imprisonment for allegedly disrupting a public service and unlawful assembly after live-streaming on Facebook a May 2019 protest against a Mandalay Region cement plant. In May 2019, Aung Marm Oo, editor-in-chief of Development Media Group in Rakhine State, went into hiding after charges were filed that the group reported human rights violations in the continuing fighting between the military and the AA. Aung Marm Oo, also known as Aung Min Oo, received death threats, while Special Branch police interrogated journalists at the media group and questioned his family members.

Authorities took actions against journalists for erroneous reporting on the COVID-19 pandemic. On May 21, chief editor of Dae Pyaw News Agency, Zaw Min Oo, was sentenced to two years in prison for falsely reporting a COVID-19 death in Myawady, Karen State, on April 3. He was charged with publishing or circulating a statement, rumor, or report that could arouse “public mutiny, fear, alarm or incitement.” On July 10, Zaw Min, a reporter from Khit Thit Media, was fined for incorrectly reporting a local quarantine center had no staff to feed nine patients and no masks or soap were available.

The government relaxation of its monopoly on domestic television broadcasting continued, with five private companies broadcasting using Ministry of Information platforms. The news broadcasters, however, were subject to the same informal restrictions as were print and online media. The government offered three public channels–two controlled by the Ministry of Information and one by the military; the ministry channels regularly aired the military’s content. Two private companies that had strong links to the previous military regime continued to broadcast six free-to-air channels. The government allowed the general population to register satellite television receivers for a fee, but the cost was prohibitive for most persons outside of urban areas. The military, government, and government-linked businesspersons controlled the eight privately or quasi-governmentally owned FM radio stations.

Violence and Harassment: Government agents, nationalist groups, and businesspersons engaged in illegal enterprises, sometimes together with local authorities, continued to attack and harass journalists who criticized government policy on a range of issues.

On February 9, ultranationalists from the Ma Ba Tha-linked Myanmar National Organization protesting in Rangoon threatened and physically intimidated staff at Khit Thit Media and 7 Day News, according to Tharlon Zaung Htet, editor of Khit Thit Media and a member of the government-sponsored Myanmar Press Council.

On March 4, Frontier Myanmar journalist Naw Betty Han and Ko Mar Naw, a photojournalist from Myanmar Times, were detained for one day and allegedly tortured by the ethnic Karen Border Guard Forces in Myawaddy Township, Karen State, for reporting on the Chinese Shwe Kokko development project.

On May 13, Kyaw Lin, a journalist who reported for online independent news outlets Myanmar Now and Development Media Group, was assaulted in Sittwe, Rakhine State, by two individuals shouting death threats. Kyaw Lin had reported on fighting between the AA and the military. In 2017, an unknown attacker stabbed him in Sittwe after he published an article on local land prices. The perpetrators of the May 13 assault were still at large as of October.

Authorities prevented journalists’ access to northern Rakhine State except on government-organized trips that participants reported to be tightly controlled and designed to advance the government’s narrative. The government continued to use visa issuance and shortened visa validities to control foreign journalists, especially those not based in the country.

Censorship or Content Restrictions: Although generally not enforced, laws prohibit citizens from electronically passing information about the country to foreign media, exposing journalists who reported for or cooperated with international media to potential harassment, intimidation, and arrest. There were no reports of overt prepublication censorship, and the government allowed open discussion of some sensitive political and economic topics, but legal action against publications that criticized the military or the government increased self-censorship.

Self-censorship was common, particularly on issues related to Buddhist extremism, the military, the situation in Rakhine State, and the peace process. Journalists reported that such self-censorship became more pronounced after the 2018 trial and conviction of two Reuters journalists. The government ordered media outlets to use certain terms and themes to describe the situation in northern Rakhine State and threatened penalties against journalists who did not follow the government’s guidance, exacerbating self-censorship on that topic.

The military filed a complaint to the Myanmar Press Council when a January 25 Reuters story quoted a lawmaker as saying that army artillery fire had caused the deaths of two Rohingya women. After the reported advocacy by the press council, however, the military withdrew its complaint on March 18 “in the interest of maintaining good relations with the press council.”

The government censorship board reviews all films to be screened inside the country.

Journalists continued to complain about the widespread practice of government informants attending press conferences and other events, which they said intimidated reporters and the events’ hosts. Informants demanded lists of hosts and attendees.

Libel/Slander Laws: A criminal defamation clause in the telecommunications law was frequently used to restrict freedom of expression; charges were filed against journalists, activists, and ordinary citizens perceived as critics of the government and the military.

Noted filmmaker and human rights activist Min Htin Ko Gyi was freed on February 21 after serving seven months in prison for libel for Facebook posts that were critical of the military’s role in politics.

As of November, a case against three prominent political activists, lawyer Kyi Myint, poet Saw Wai, and former army captain Nay Myo Zin, continued in the courts. In late 2019 the military charged them with defamation for remarks they made in April 2019 about amending the military-drafted 2008 constitution. Nay Myo Zin was serving a one-year prison term in Insein Prison on the same charge from another military lawsuit.

National Security: In March the government and military designated the Arakan Army as a terrorist organization and an unlawful association under the law. Nay Myo Lin, founder and editor of Voice of Myanmar, a local Mandalay news outlet, was arrested on March 30 for publishing an interview with an AA spokesperson. He was charged in a local court under sections of the law prohibiting organizations and individuals from contacting or associating with outlawed organizations–a charge carrying a maximum life sentence. Police released Nay Myo Lin on April 10 when the court decided to drop the case.

Internet Freedom

The government censored online content, restricted access to the internet, and continued to prosecute internet users for criticism of the government and military and their policies and actions. In March the Ministry of Transport and Communications issued a series of directives ordering internet providers to block websites.

By order of the Transport and Communications Ministry, mobile phone operators in 2019 stopped mobile internet traffic in eight townships in northern Rakhine State and in Paletwa Township in southern Chin State due to “disturbances of peace and use of internet services to coordinate illegal activities.” Although the ministry announced on June 23 that internet restrictions were extended only through August 1, as of November only 2G data networks were available, according to Human Rights Watch. Some persons reported being unable to access the internet at all. On October 31, the ministry announced all mobile operators should extend restrictions on 3G and 4G mobile data services in the eight townships until at least December 31.

The telecommunications law includes broad provisions giving the government the power to temporarily block and filter content, on grounds of “benefit of the people.” According to Freedom House, pressure on users to remove content continued from the government, military, and other groups. The law does not include provisions to force the removal of content or provide for intermediary liability, although some articles are vague and could be argued to cover content removal. Pressure to remove content instead came from the use or threat of use of other criminal provisions.

In the second half of March, the Posts and Telecommunications Department ordered mobile operators to block more than 2,000 websites, including 67 allegedly distributing “fake news.” In May it followed up by instructing the operators to block a further 22 sites alleged to contribute to “fearmongering” and “misleading of the public in relation to the coronavirus.” Neither the government nor the operators released a full list of the blocked websites, but among those that could no longer be accessed were several registered news organizations, including Rakhine State-based Development Media and Narinjara News, Voice of Myanmar, Karen News from Karen State, Mandalay-based In-Depth News, and Mekong News, which was based in eastern Shan State’s Tachileik.

The government’s Social Media Monitoring Team reportedly continued to monitor internet communications without clear legal authority, according to Freedom House. Social media continued to be a popular forum to exchange ideas and opinions without direct government censorship, although there were military-affiliated disinformation campaigns on social media.

The government limited users’ ability to communicate anonymously by enforcement of SIM card registration requirements. Subscribers must provide their name, citizenship identification document, birth date, address, nationality, and gender to register for a SIM card; noncitizens must provide their passports. Some subscribers reported being required by telecommunications companies to include further information beyond the bounds of the regulations, including their ethnicity.

Academic Freedom and Cultural Events

Government restrictions on academic freedom and cultural events continued.

The government tightened restrictions on political activity and freedom of association on university campuses. In September and October, approximately 57 students at universities across the country, who protested human rights violations in Rakhine State, called on the government to lift internet restrictions in Rakhine and Chin states and urged reform of laws to comply with international standards for the protection of freedom of expression and peaceful assembly. They were arrested and faced a variety of criminal charges, according to the All Burma Federation of Student Unions. The students were charged with unlawful assembly, various speech-related crimes, antimilitary incitement, and other crimes, according to the federation. As of November, more than 20 were imprisoned, while the remainder were awaiting sentencing or were in hiding while facing arrest warrants, according to the Assistance Association for Political Prisoners.

The government generally allowed the informal establishment of student unions, although among university rectors and faculty there was considerable fear and suspicion of student unions because of their historical role in protests. Although some student unions were allowed to open unofficial offices, the All Burma Federation of Student Unions, as in previous years, was unable to register but participated in some activities through informal networks.

There were reported incidents of the government restricting cultural events. There is a ban on street art. On April 3, three street artists were arrested for painting a mural about the coronavirus pandemic, according to Human Rights Watch. The artists were charged with violating a law criminalizing speech that “insults” religion after Buddhist hardliners complained the mural portrayed a grim reaper figure that they believed looked like a Buddhist monk, spreading the COVID-19 virus. On July 17, the artists were freed after charges were dropped.

In a series of seven verdicts delivered between October 2019 and June 2020, courts handed down prison sentences to the leader and five other members of the satirical street performance group Peacock Generation. Group leader Zayar Lwin was sentenced to a total of five and one-half years in prison; the others received sentences of two to six years. The military brought the charges after a performance in which members satirically criticized the military’s political power in a democracy. At year’s end up to 25 members still faced charges that carry up to six months in prison, while two members were released in June and August, respectively, having already completed sentences of more than a year.

Public film showings were possible with the cooperation of the Ministry of Information. The MEMORY! film festival showed prescreened classic films in public spaces in Rangoon “under the high patronage of the Ministry of Information.” According to the organizers, mutual trust with the ministry enabled freedom of expression for organizers, participants from civil society organizations, and audiences. Organizers showed films including challenging themes. While MEMORY! faced information ministry censorship, mostly for nudity or Buddhist imagery, no film was banned in its entirety, and journalistic fora and public discussions around the films were free of interference.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but the government restricted these rights. In addition to direct government action, the government’s failure to investigate or prosecute attacks on human rights defenders and peaceful protesters led to de facto restrictions on freedom of assembly and association.

Freedom of Peaceful Assembly

Although the constitution provides the right to peaceful assembly, it was not always respected. While the law only requires notification of protests, authorities treated notification as a request for permission. Authorities used laws against criminal trespass and provisions criminalizing actions the government deemed likely to cause “an offense against the State or against the public tranquility” to restrict peaceful assembly.

Restrictions remained in place in 11 Rangoon townships on all applications for processions or assemblies. Some civil society groups asserted these restrictions were selectively applied and used to prevent demonstrations against the government or military.

Farmers and social activists continued to protest land rights violations and land confiscation throughout the country, and human rights groups reported the arrest of farmers and supporters. Many reported cases involved land seized by the former military regime and given to private companies or persons with ties to the military.

Whether civil society organizations were required to apply for advance permission before holding meetings and other functions in hotels and other public venues varied by situation and by government official. Some officials forced venues to cancel civil society events where such permission was not obtained.

On January 17, four activists–Naw Ohn Hla, Maung U, U Nge (also known as Hsan Hlaing), and Sandar Myint–were sentenced to one month in prison after they were found guilty of protesting without authorization. Police charged the four activists after they participated in a peaceful demonstration organized by residents of the Shwe Mya Sandi housing project in Karen State in April 2019.

On March 20, Than Hla (also known as Min Bar Chay), an ethnic Rakhine development worker, was found guilty of protesting without permission after he participated in a demonstration calling for justice and an end to security force violations in Rakhine State. He was sentenced to 15 days in prison; he was released the same day authorities announced that a second charge of protesting without permission was dropped.

Freedom of Association

Although the constitution and laws allow citizens to form associations and organizations, the government sometimes restricted this right.

The law on registering organizations stipulates voluntary registration for local NGOs and removes punishments for noncompliance for both local and international NGOs. In the run-up to the November general election, the government began insisting that NGOs receiving foreign funding were required to register.

Registration requires sponsorship from a government ministry. Some NGOs that tried to register under this law found the process extremely onerous. According to Myanmar Now, NGOs classed as “advocacy groups” would have to pay tax if the Internal Revenue Department determined, based on their tax return, that they made a “profit.” Advocacy groups include those working on human, women’s, labor, and land rights. NGOs expressed concern about the new rules and warned they could place an unfair burden on small organizations and limit their operations.

Activists reported that civil society groups, community-based organizations, and informal networks operated openly and continued to discuss human rights and political issues openly, although discussion of the most sensitive issues could lead to prosecution. They reported, however, that state surveillance of such operations and discussions was common and that government restrictions on meetings and other activity continued.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law does not protect freedom of internal movement, foreign travel, emigration, or repatriation. Local regulations limit the rights of citizens to settle and reside anywhere in the country. By law the president may require the registration of foreigners’ movements and authorize officials to require foreigners to register every change of address exceeding 24 hours.

In-country Movement: Regional and local orders, directives, and instructions restricted freedom of movement.

Restrictions on in-country movement of Rohingya were extensive. Authorities required the largely stateless Rohingya to carry special documents and travel permits for internal movement in areas in Rakhine State where most Rohingya resided. Township officers in Buthidaung and Maungdaw Townships continued to require Rohingya to submit a “form for informing absence from habitual residence” in order to stay overnight in another village and to register on the guest list with the village administrator. Obtaining these forms and permits often involved extortion and bribes.

Restrictions governing the travel of foreigners, Rohingya, and others between townships in Rakhine State varied, depending on township, and generally required submission of a document known as “Form 4.” A traveler could obtain this form only from the township Immigration and National Registration Department and only if that person provided an original copy of a family list, a temporary registration card, and letters from two guarantors. Travel authorized under Form 4 is generally valid for two to four weeks, but it is given almost exclusively for medical emergencies, effectively eliminating many opportunities to work or study. The cost to obtain the form varied from township to township, with required payments to village administrators or to the township immigration office ranging from the official amount of 30,000 to more than two million kyats ($22 to $1,460). The extensive administrative measures imposed on Rohingya and foreigners in Rakhine State effectively prevented persons from changing residency.

Rohingya faced prison terms of up to two years for attempting to travel out of Rakhine State without prior authorization. A total of 128 Rohingya from Rakhine State were arrested in November 2019 after disembarking from boats near beach resorts in the Ayeyarwady Region. They were charged for traveling without valid identity documents, which carries a maximum two-year prison sentence, a modest fine, or both. On April 8, a court dropped illegal travel charges against more than 200 accused persons, but according to activists hundreds more Rohingya charged with illegal travel remained in jails and youth detention centers across the country.

Foreign Travel: The government maintained restrictions to prevent foreign travel by political activists, former political prisoners, and some local staff of foreign embassies. Stateless persons, particularly Rohingya, were unable to obtain documents required for foreign travel.

e. Status and Treatment of Internally Displaced Persons

As of November, an estimated 326,500 individuals were living as internally displaced persons (IDPs) due to violence in Rakhine, Kachin, Chin, and northern Shan States. The large number of primarily ethnic minority IDPs in primarily ethnic-dominated parts of the country can be traced back to decades of conflict between the central government and ethnic communities.

As of November, an estimated 40,000 IDPs lived in areas of the country outside government control, primarily in northern Kachin State. Fighting in Rakhine, Chin, and Shan States displaced tens of thousands of additional persons during the year, compounding the long-term displacement of communities in these areas. Most of those newly displaced in Shan State, however, were able to return home. Locally based organizations had some access to IDPs in areas outside government control, but the military restricted their access, including through threats of prosecution. The military largely restricted access to IDPs and Rohingya in areas of Rakhine State to only the Red Cross and the World Food Program, resulting in unmet humanitarian needs among these IDPs. The government had not granted the United Nations or other international organizations humanitarian access to areas in Kachin State outside of military control since 2016.

The United Nations reported significant deterioration in humanitarian access during the year–a situation further exacerbated by the COVID-19 pandemic–and the military continued to block access to IDPs and other vulnerable populations in areas controlled by ethnic armed groups (see section 1.g., Other Conflict-related Abuse). The Arakan Army-military conflict in Rakhine State and the COVID-19 pandemic were cited as justifications for additional onerous restrictions on humanitarian access in Rakhine State, most of which were not justified on security or public health grounds, according to humanitarian partners operating in Rakhine State.

The government restricted the ability of IDPs and stateless persons to move, limiting access to health services, employment opportunities, secure refuge, and schooling. While a person’s freedom of movement generally derived from possession of identification documents, authorities also considered race, ethnicity, religion, and place of origin as factors in enforcing these regulations. Residents of ethnic minority states reported the government restricted the travel of IDPs and stateless persons.

The approximately 132,000 primarily Rohingya IDPs in Sittwe, Pauktaw, and other townships were dependent on assistance from aid agencies. Humanitarian agencies provided access to clean water, food, shelter, and sanitation in most IDP camps for Rohingya, although the COVID-19 pandemic restricted access from August.

An October Human Rights Watch report on the detention of Rohingya described the IDP camps’ severe restrictions on movement; limited access to education, health care, and work; and the denial of fundamental rights. It referred to the camps collectively as “An Open Prison Without End.” According to the report, more than 130,000 Muslims–mostly Rohingya, as well as a few thousand Kaman–remain confined in IDP camps in central Rakhine State. Rohingya in the camps were denied freedom of movement through overlapping systems of restrictions–formal policies and local orders, informal and ad hoc practices, checkpoints and barbed-wire fencing, and a widespread system of extortion that made travel financially and logistically prohibitive. In 24 camps or camp-like settings, severe limitations on access to livelihoods, education, health care, and adequate food or shelter were compounded by increasing government constraints on humanitarian aid.

The COVID-19 pandemic further compounded freedom of movement restrictions in IDP camps. In general, IDP camps did not have dedicated quarantine centers or testing facilities due to lack of space and dedicated staff. If there was a positive case, movement restrictions were imposed on the entire camp and residents were not allowed to leave or enter the camp, according to the UN High Commission for Refugees. IDPs who required testing, hospitalization, and quarantine were moved to outside government facilities where the government and humanitarian organizations provided targeted support for the patient and direct contacts. IDPs received adequate care, and outside of a few isolated cases, there were no major COVID-19 outbreaks at IDP camps.

Camp shelters, originally built to last just two years, deteriorated without construction and maintenance, leading to overcrowding and vulnerability to flood and fire. According to Human Rights Watch, these IDP camp conditions were a direct cause of increased morbidity and mortality in the camps, including increased rates of malnutrition, waterborne illnesses, and child and maternal deaths. Lack of access to emergency medical assistance, particularly in pregnancy-related cases, led to preventable deaths.

Approximately 70 percent of the 120,000 school-age Muslim children in central Rakhine camps and villages were out of school, according to Human Rights Watch. Given the movement restrictions, most could only attend underresourced temporary learning centers led by volunteer teachers. Restrictions that prevented Rohingya from working outside the camps had serious economic consequences. Almost all Rohingya in the camps were forced to abandon their pre-2012 trades and occupations.

Despite the adoption of a national camp closure strategy in 2019, the government’s approach to “closing” IDP camps largely consisted of building new infrastructure near existing camps and reclassifying them as villages without addressing movement restrictions; providing security, livelihoods, or basic services; or consulting with IDPs on their right to return to their areas of origin or to resettle in areas of their choice.

f. Protection of Refugees

The government did not always cooperate with the Office of the UN High Commissioner for Refugees or other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, or other persons of concern.

Abuse of Migrants and Refugees, and Stateless Persons: Dozens of Rohingya were arrested and charged under immigration laws after returning from Bangladesh informally in June and July during heightened scrutiny of border crossings because of the COVID-19 pandemic.

Access to Asylum: The law does not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees. The UN High Commission for Refugees did not register any asylum seekers during the year.

g. Stateless Persons

The vast majority of Rohingya are stateless. Following the forced displacement of more than 700,000 Rohingya to Bangladesh in 2017, up to 600,000 Rohingya were estimated to remain in Rakhine State. There were also likely significant numbers of stateless persons and persons with undetermined nationality throughout the country, including persons of Chinese, Indian, and Nepali descent. Although these latter groups did not face the same level of official and social discrimination as Rohingya, they were still subject at best to the lesser rights and greater restrictions of associate and naturalized citizenship.

The government recognizes 135 “national ethnic groups” whose members are automatically full citizens. The law defines “national ethnic group” as a racial and ethnic group that can prove origins in the country dating back to 1823, the year prior to British colonization. Despite this rule, the government has granted “national ethnic group” status to ethnic groups or withdrawn that status from them throughout the country on various occasions. The Rohingya are not on the list. Several ethnic minority groups, including the Chin and Kachin, criticized the classification system as inaccurate.

The law also establishes two forms of citizenship short of full citizenship: associate and naturalized. Citizens of these two types are unable to run for political office; form a political party; serve in the military, police, or public administration; inherit land or money; or pursue certain professional degrees, such as medicine and law. Only members of the third generation of associate or naturalized citizens are able to acquire full citizenship.

Some Rohingya may be technically eligible for full citizenship. The process involves additional official scrutiny and is complicated by logistical difficulties, including travel restrictions and significant gaps in understanding the Burmese language. In practice this also requires substantial bribes to government officials, and even then it does not guarantee equality with other full citizens. In particular, only Rohingya are required to go through an additional step of applying for the National Verification Card (NVC), in which their identity papers will describe them as “Bengali” and presumes them to be noncitizens. This can lead to discrimination in access to public services and a wide range of societal discrimination. While members of other ethnic groups faced challenges, they are not singled out the same way Rohingya are in obtaining citizenship.

The law does not provide any form of citizenship (or associated rights) for children born in the country whose parents are stateless.

The government continued to call for Rohingya to apply for NVCs, created in 2015. The government claimed that these cards were necessary to apply for citizenship as well as other government documentation, such as Citizenship Scrutiny Cards. NGO reports indicated that Rohingya were pressured or coerced to accept NVCs. For example, there were reported cases of government officials requiring Rohingya to have an NVC to go fishing or access a bank account. Many Rohingya expressed the need for more assurances about the results of the process as well as fear that after turning in their old documents they would not be issued new documents. Many said they were already citizens and expressed fear the government would either not affirm their citizenship or would provide a form of lesser citizenship, thereby formalizing their lack of rights. Rohingya in Rakhine State had to identify as “Bengali” to apply for NVCs, while some Muslims from other ethnic groups had to identify as “Bengali” to apply for Citizenship Scrutiny Cards in other parts of the country.

The constitution provides citizens a limited ability to choose their government through elections held by secret ballot. General elections are held every five years, and by-elections are held to fill empty seats due to locally cancelled races or other vacancies in nonelection years. The electoral system is not fully representative and does not assure the free expression of the will of the people. Under the constitution, active-duty military are appointed to one-quarter of all national and regional parliamentary seats, and the military has the right to appoint the ministers of defense, home affairs–which has responsibility for police, prisons, and other domestic security matters–and border affairs. The military can also indefinitely assume power over all branches of the government should the president declare a national state of emergency. The constitution prohibits persons with immediate relatives holding foreign citizenship from becoming president. Amending the constitution requires approval by more than 75 percent of members of parliament, giving the military effective veto power over constitutional amendments. NLD efforts to reform the 2008 military-drafted constitution failed in March due to the military’s veto. Significant portions of the population were disenfranchised due to restrictive citizenship laws or the cancellation of elections due to security concerns.

Elections and Political Participation

Recent Elections: Observers considered the November 8 national election to be generally reflective of the will of the people, notwithstanding some structural shortcomings. The NLD, chaired by Aung San Suu Kyi, won approximately 80 percent of the contested 1,150 seats at the state, regional, and union levels in the election. The NLD won 396 of 476 races for national assembly seats; a military-affiliated party won 33, and various ethnically based parties took 47. By-elections in 2017 and 2018 were also assessed as basically free and fair. Aung San Suu Kyi is constitutionally barred from the presidency due to her marriage to a British national.

Most potential Muslim candidates were disqualified from running in the November 8 general election by electoral authorities or blocked by their own parties from running, apparently on a discriminatory basis. Some political parties, including the NLD, nominated Muslim candidates. Two Muslim members of parliament were elected. Almost all members of the Rohingya community, many of whom voted prior to 2015, were disenfranchised and barred from running for office. The government also canceled voting in some conflict-affected ethnic minority areas.

The November general election featured more than 90 political parties and more than 5,640 candidates. The electoral commission cancelled elections across most of Rakhine and parts of Chin, Kachin, Mon, and Shan states and Bago Region, which generated further disillusionment in the electoral process among ethnic minorities and disenfranchised approximately 1.5 million persons nationwide. The government did not permit the right to vote for hundreds of thousands of voting age Rohingya in Rakhine State or in refugee camps in Bangladesh. The UN special rapporteur on the situation of human rights commented before the elections that there was “no evidence that the government was willing or prepared to facilitate the right to vote for hundreds of thousands of voting age Rohingya in Rakhine state or in refugee camps in Bangladesh.”

Political Parties and Political Participation: Opposition parties exercised their rights to assemble and protest. New political parties were generally allowed to register and compete in elections, which featured fewer restrictions than in 2015 on party organization and voter mobilization. Only sporadic interference from military and government officials was reported during the campaign and on November 8, unlike during the 2015 election, when military Special Branch elements were very active as election preparations were underway.

Electoral competition was skewed in part by the Union Solidarity and Development Party’s systematic support from the military, whose personnel and their families were eligible to vote in advance without observers present, in some cases in military barracks, despite a May change to the election law that requires service members to vote at public polling places on election day. Moreover, some legal provisions can be invoked to restrict parties’ operations. The constitution requires that political parties be loyal to the state. Laws allow for penalties, including deregistration, against political parties that accept support from foreign governments or religious bodies or that are deemed to have abused religion for political purposes or disrespected the constitution. The electoral commission, which is appointed by the ruling party, censored opposition party broadcasts on state-run television.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. Nevertheless, women and minority groups continued to be underrepresented in government, and policies limited participation in practice. For example, in some municipal elections, the vote was apportioned at the household level, with only one member, usually the male head of household, allowed to vote for the entire household. Women made up only approximately 17 percent of national and local elected legislators.

Ethnic minority parliamentarians from ethnic minority political parties comprised less than 9 percent of legislators at the national, state, and regional level; this did not include the numerous ethnic minority members of the NLD or the Union Solidarity and Development Party (see Recent Elections above for participation of Muslims and Rohingya).

The law provides criminal penalties for corruption by officials and the government continued efforts to curb corruption.

Corruption: Corruption remained widespread, particularly in the judicial sector. Police reportedly often required victims to pay substantial bribes for criminal investigations and routinely extorted money from members of the public. The government took some steps to investigate and address corruption of government officials.

On May 22, former Tanintharyi Region chief minister Lei Maw was sentenced to 30 years in prison for bribery, becoming the most senior official ever to be jailed for corruption. On the other side of the ledger, on August 27, the telecommunications minister ordered a shutdown of the Justice for Myanmar website. The site, established in April, sought to expose corrupt links between the military and business communities.

Financial Disclosure: Public officials were not subject to public financial disclosure laws. The law requires the president and vice presidents to furnish a list of family assets to the speaker of the joint houses of parliament, and the law requires persons appointed by the president to furnish a list of personal assets to the president. The government did not make the reports available to the public.

Civil servants cannot accept gifts worth more than 25,000 kyats ($18). The rules also require civil servants to report all offers of gifts to their supervisors, whether they are accepted.

The government did not allow domestic human rights organizations to function independently. Human rights NGOs were able to open offices and operate, but there were reports of harassment and monitoring by authorities, and authorities sometimes pressured hotels and other venues not to host meetings by activists or civil society groups. The government systematically denied international institutions or organizations attempting to investigate human rights abuses access to the country or sensitive regions.

Foreign human rights activists and advocates, including representatives from international NGOs, continued to be restricted to short-term visas that required them to leave the country periodically for renewal. The government continued to monitor the movements of foreigners and interrogated citizens concerning contacts with foreigners.

The United Nations or Other International Bodies: The government has not agreed to the opening of an Office of the UN High Commissioner for Human Rights and has not approved visa requests for its staff.

The government has also refused to cooperate with or give the Independent Investigative Mechanism for Myanmar, created by the UN Human Rights Council, access to the country.

The government continued to refuse entry to the UN special rapporteur on the situation of human rights in Myanmar but permitted UN Secretary General’s Special Envoy on Myanmar Christine Schraner-Burgener to open an office in the country and to meet with opposition figures, IDPs, senior officials including Aung San Suu Kyi and Commander-in-Chief Min Aung Hlaing, and others in 2019.

In January the International Court of Justice unanimously ordered the government to preserve any evidence of atrocities against Rohingya; ensure that government and security officials refrain from any act that could contribute to genocide; and report to the court on its progress on these measures in May and every six months thereafter. The government submitted its first report in May. The report was not made public. The court’s order followed a 2019 suit by the Gambia alleging that Myanmar violated the Genocide Convention by committing atrocities against Rohingya; failing to prevent and punish genocide; and committing continued violations of the convention. International human rights organizations continued to assert that the country remains in violation of its obligations.

Government Human Rights Bodies: The Myanmar National Human Rights Commission investigated some incidents of human rights abuses. The commission has the power to conduct independent inquiries, and in some cases it called on the government to conduct investigations into abuses. Human rights advocates questioned its ability to operate as a credible, independent mechanism, noting a lack of substantive investigations into allegations of widespread and systematic human rights abuses perpetrated by security forces. The commission supported the development of human rights education curricula, distributed human rights materials, and conducted human rights training. During the year it investigated one human trafficking case and pushed for equal rights for women police officers.

The Independent Commission of Enquiry for Rakhine State, formed by the government in 2018, released only the executive summary of its final report on January 21. It described the government security forces’ actions in Rakhine State in 2017 as largely in response to a massive insurgency by the Arakan Rohingya Salvation Army and attempted to frame the 2017 violence as part of an armed conflict with Rohingya. The report argued that genocide did not occur and denied the existence of any credible reports of rape and sexual violence, while acknowledging that limited “war crimes and serious human rights violations may have occurred.” As of November, the full report had not been released.

Women

Rape and Domestic Violence: Rape of women is illegal but remained a significant problem, and the government did not enforce the law effectively. Rape of a woman outside of marriage carries a maximum sentence of 20 years’ imprisonment. Spousal rape is not a crime unless the wife is younger than 14, and the penalty is a maximum of two years in prison. The law prohibits committing bodily harm against another person, but there are no laws specifically against domestic violence or spousal abuse unless the wife is younger than 14. Overlapping and at times contradictory legal provisions complicated implementation of these limited protections.

The number of reported rapes increased over the previous year, but it was unclear whether this was due to increased awareness or increased incidences of rape. Police generally investigated reported cases of rape, but there were reports police investigations were not sensitive to victims. Civil society groups continued to report police in some cases verbally abused women who reported rape, and women could be sued for impugning the dignity of the perpetrator.

Domestic violence against women, including spousal abuse, remained a serious problem. Abuse within families was prevalent and considered socially acceptable. Spousal abuse or domestic violence was difficult to measure because the government did not maintain comprehensive statistics and victims typically did not report it, although the government attempted to document cases, and reported cases were on the rise. In April Myanmar Times reported the observation by Daw Htar, founder of the NGO Akhaya Women Myanmar, that over the two weeks when the government started community lockdowns in some areas, there was a spike in domestic violence complaints compared to the prelockdown period.

Sexual Harassment: The law prohibits sexual harassment and imposes a maximum of one year’s imprisonment and a fine for verbal harassment and a maximum of two years’ imprisonment and a fine for physical contact. There was no information on the prevalence of the problem because these crimes were largely unreported. Local civil society organizations reported police investigators were not sensitive to victims and rarely followed through with investigations or prosecutions.

Reproductive Rights: The right of individuals to manage their reproductive health is limited by the 2015 Population Control and Health Care Law, which restricts sexual and reproductive rights, including the imposition of birth-spacing requirements. The president or the national government may designate “special regions” for health care that consider population, natural resources, birth rates, and food availability. In a special region the government may allow the creation of special health-care organizations to perform various tasks, including establishing regulations related to family planning.

Access to family planning was limited in rural areas, and local organizations noted that the unmet need for family planning was particularly high in Rakhine State. Economic hardship and security concerns in conflict-affected regions also limited access to family planning.

In 2020 limited access to sexual and reproductive health services for sexual violence survivors was available through both public and private facilities, and the Department of Social Welfare adapted gender-based violence services to COVID-19, including expanding virtual platforms for online training.

According to UN 2017 estimates, the maternal mortality ratio nationwide was 250 deaths per 100,000 live births. The 2017 National Maternal Death Surveillance and Response Report stated the maternal mortality ratio in Rakhine State was the second lowest among states and regions. This was not consistent with the previous pattern of Rakhine State reporting a relatively higher maternal mortality ratio, and the Ministry of Health and Sports acknowledged that the results reflected underreporting of maternal deaths due to the conflict in Rakhine State and other parts of the country. NGOs reported that humanitarian access and movement restrictions among Rohingya limited access to health-care services and contributed to maternal mortality rates in Rakhine State being higher than the national average. Complications resulting from unsafe abortions were also a leading cause of maternal deaths.

Other major factors influencing maternal mortality included poverty; limited availability of and access to comprehensive sexual and reproductive health services and information, including contraception, and maternal and newborn health services; a high number of home births; and the lack of access to services from appropriately trained and skilled birth attendants, midwives, auxiliary midwives, basic health staff, and other trained community health workers. The UN Population Fund estimated that skilled health personnel attended only 60 percent of births.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The law allows the government to impose coercive birth-spacing requirements–36 months between children–if the president or national government designates “special regions” for health care based on factors such as population, migration rate, natural resources, birth rates, and food availability. Once a special region is declared, the government may create special healthcare organizations to perform various tasks, including establishing family planning regulations. The government did not designate any such special regions during the year.

In Rakhine State, local authorities prohibited Rohingya families from having more than two children, although some Rohingya with household registration papers reportedly could circumvent the law.

Discrimination: By law women enjoy the same legal status and rights as men, including property and inheritance rights and religious and personal status, but it was not clear the government enforced the law. Customary law was widely used to address issues of marriage, property, and inheritance; it differs from the provisions of statutory law and is often discriminatory against women.

The law requires equal pay for equal work, but it was not clear the formal sector respected this requirement. NGOs reported some sectors did not comply, and other forms of workplace discrimination were common (see section 7.d.).

Poverty affected women disproportionately.

The law restricts the ability of Buddhist women to marry non-Buddhist men by imposing a requirement of public notification prior to any such marriage and allowing for objections to the marriage to be raised in court, although the law was rarely enforced.

Children

Birth Registration: The law automatically confers full citizenship to children of two parents from one of the 135 recognized national ethnic groups and to children who met other citizenship requirements. Moreover, the government confers full citizenship to second-generation children of both parents with any citizenship, as long as at least one parent has full citizenship. Third-generation children of associate or naturalized citizens can acquire full citizenship. Many long-term residents in the country, including the Rohingya, are not among the recognized national ethnic groups, however, and thus their children are not automatically conferred citizenship (see section 2.g.).

A prominent international NGO noted significant rural-urban disparities in birth registration. In major cities (e.g., Rangoon and Mandalay), births were registered immediately because registration is required to qualify for basic public services and to obtain national identification cards. In smaller towns and villages, birth registration often was informal or nonexistent. For the Rohingya community, birth registration was a significant problem (see section 2.g.). The Advisory Commission on Rakhine State noted in its interim report that nearly half of all residents in Rakhine State lacked birth documentation.

A birth certificate provides important protections for children, particularly against child labor, early marriage, and recruitment into the armed forces and armed groups. Sometimes a lack of birth registration complicated access to public services in remote communities.

Education: By law education is compulsory, free, and universal through the fourth grade (up to age 10). This leaves children ages 10 through 13 vulnerable to child labor, since they are not required to attend school but are not legally permitted to work, because the minimum age for work is 14. The government continued to allocate minimal resources to public education, and schools charged informal fees.

Schools were often unavailable in remote communities and conflict areas, and access to them for internally displaced and stateless children also remained limited.

Child Abuse: Laws prohibit child abuse, but they were neither adequate nor enforced. NGOs reported corporal punishment was widely used against children. The punishment for child abuse is a maximum of two years’ imprisonment or a modest fine. The Ministry of Social Welfare, Relief, and Resettlement continued child protection programs in partnership with UNICEF to improve data collection, develop effective laws, provide psychosocial assistance, and combat trafficking, and added COVID-19 awareness raising. Violence in Rakhine, Chin, Shan, and Kachin states exposed many children to an environment of violence and exploitation.

Online and street protests continued following the alleged May 2019 sexual assault of a two-year-old girl, pseudonym “Victoria,” at a nursery school in Nay Pyi Taw. Protesters raised concerns about the transparency of the trial, and in July 2019 Win Ko Ko Thein, the leader of an online protest campaign, was arrested for Facebook posts “defaming” the police officers investigating the case. Both cases continued as of November. Legal violations during the “Victoria” trial included the police’s December 2019 disclosure of the victim’s name and of photographs further identifying the child and her parents, their occupations, and the family’s address. On June 2, the promotions of three senior police officers responsible were suspended.

Child, Early, and Forced Marriage: The law stipulates different minimum ages for marriage based on religion and gender. The minimum age for Buddhists is 18, while the minimum age for non-Buddhists is 16 for boys and 15 for girls. Child marriage occurred, especially in rural areas. There were no reliable statistics on forced marriage.

Sexual Exploitation of Children: Children were subjected to sex trafficking in the country, and a small number of foreign child-sex tourists exploited children, according to Human Rights Watch. The 2019 Child Rights Law prohibits the sexual exploitation of children, including pimping and prostitution; separate provisions within the penal code prohibit sex with a minor younger than 14. The penalty for the purchase and sale of commercial sex acts from a child younger than 18 is 10 years’ imprisonment. The law prohibits child pornography and specifies a minimum penalty of two years’ imprisonment and a modest fine. The law on child rights provides for one to seven years’ imprisonment, a substantial fine, or both for sexual trafficking or forced marriage. If a victim is younger than 14, the law considers the sexual act statutory rape. The maximum sentence for statutory rape is two years’ imprisonment when the victim is between the ages of 12 and 14 and 10 years’ to life imprisonment when the victim is younger than 12.

The country’s antitrafficking in persons law requires a demonstration of force, fraud, or coercion to constitute a child sex-trafficking offense.

Displaced Children: The United Nations estimated that approximately 40 percent of IDPs were children. The mortality rate for child IDPs was significantly higher than the national average.

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.

Anti-Semitism

There was one synagogue in Rangoon serving a very small Jewish population. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law directs the government to ensure that persons with disabilities have easy access to public transportation. The government did not effectively enforce these provisions.

Civil society groups reported that children with disabilities attended school through secondary education at a significantly lower rate than other persons; many never attended school due to stigma and lack of any accommodation for their needs.

Persons with disabilities reported stigma, discrimination, and abuse from members of the public and government officials. Students with disabilities cited barriers to inclusive education as a significant disadvantage.

Military veterans with disabilities in urban areas received official benefits on a priority basis, usually a civil service job at pay equivalent to rank. Persons with disabilities in rural areas typically did not have access to livelihood opportunities or affordable medical treatment. Official assistance to civilian persons with disabilities in principle included two-thirds of pay for a maximum of one year for a temporary disability and a tax-free stipend for permanent disability. The law providing job protection for workers who become disabled was not implemented.

Members of National/Racial/Ethnic Minority Groups

Wide-ranging governmental and societal discrimination against members of minority groups persisted, including in areas such as education, housing, employment, and access to health services. Ethnic minority groups constituted 30 to 40 percent of the population. The seven ethnic minority states comprised approximately 60 percent of the national territory, and significant numbers of minority group members also resided in the country’s other regions.

International observers noted that significant wage discrepancies based on religious and ethnic backgrounds were common.

Burmese remained the mandatory language of instruction in government schools. The government’s official education plan does not cover issues related to mother tongue instruction, but ethnic languages were taught as extra subjects in some government schools. Progress was slow due to insufficient resources provided by the government, the nonstandardization of regional languages, a lack of educational material in minority languages, and varying levels of interest. In schools controlled by armed ethnic groups, students sometimes had no access to the national curriculum.

The Rohingya are a predominantly Muslim ethnic group that claims to have lived in the area of Rakhine State for generations. The Rohingya faced severe discrimination based on their ethnicity and religion. Large numbers of Rohingya were forced into internal exile in 2012, and the majority of the population was forced into refugee camps in Bangladesh in 2017 during a military ethnic cleansing campaign.

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

Political reforms in recent years made it easier for the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community to hold public events and openly participate in society, yet discrimination, stigma, and a lack of acceptance among the general population persisted. Transgender persons, for example, were subject to police harassment, and their identity is not recognized by the state. There were reports of discrimination based on sexual orientation and gender identity in employment. LGBTI persons reported facing discrimination from healthcare providers.

On March 12, an openly gay restaurant owner was sentenced to five years in prison under the “unnatural offenses” law for allegedly sexually assaulting a male member of his staff.

HIV and AIDS Social Stigma

There were continued reports of societal violence and discrimination, including employment discrimination, against persons with HIV/AIDS. Negative incidents, such as exclusion from social gatherings and activities; verbal insults, harassment, and threats; and physical assaults continued to occur. Laws that criminalize behaviors linked to an increased risk of acquiring HIV/AIDS remain in place, directly fueling stigma and discrimination against persons engaged in these behaviors and impeding their access to HIV prevention, treatment, and care services.

Although the law nominally decriminalizes drug use, possession of small amounts of illegal drugs still leads to long prison sentences. Excessive law enforcement activities and local antidrug groups threatened at-risk drug abusers and hindered access to HIV, harm reduction, and other essential health services. Likewise, the antisodomy law creates an environment that discourages men who have sex with men from accessing available services.

High levels of social stigma and discrimination against female sex workers and transgender women hindered their access to HIV prevention, treatment, and social protection services. Police harassment of sex workers deterred them from carrying condoms.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct strikes. The law permits labor organizations to demand the reinstatement of workers dismissed for union activity, but it does not explicitly prohibit antiunion discrimination in the form of demotions or mandatory transfers, nor does it offer protection for workers seeking to form a union. The law does not provide adequate protection for workers from dismissal before a union is officially registered.

Laws prohibit civil servants and personnel of the security services and police from forming unions. The law permits workers to join unions only within their category of trade or activity, and the definition of trade or activity lacks clarity. Basic labor organizations must have a minimum of 30 workers and register through township registrars with the Chief Registrar’s Office of the Ministry of Labor, Immigration, and Population (Ministry of Labor). Township-level labor organizations require support from a minimum of 10 percent of relevant basic labor organizations to register; regional or state labor organizations require a minimum of 10 percent of relevant township labor organizations. Each of these higher-level unions must include only organizations within the same trade or activity. Similarly, federations and confederations also require a minimum number of regional or state labor organizations (10 percent and 20 percent, respectively) from the next lower level in order to register formally. The law permits labor federations and confederations to affiliate with international union federations and confederations.

The law provides for voluntary registration for local NGOs, including NGOs working on labor issues. Organizations that choose to register are required to send organizational bylaws and formation documents to the government and secure sponsorship from a government ministry. Broader restrictions on freedom of assembly remained in place (see section 2.b.).

The law gives unions the right to represent workers, to negotiate and bargain collectively with employers, and to send representatives to a conciliation body or conciliation tribunal. Union leaders’ rights to organize, however, are only protected after the official registration of the union. The law does not contain detailed measures regarding management of the bargaining process, such as requiring bargaining to be in good faith or setting parameters for bargaining or the registration, extension, or enforcement of collective agreements. The National Tripartite Dialogue Forum, with representatives from government, business, and labor unions, met during the year. The forum consulted with parliament on labor legislation.

The law stipulates that disputes in special economic zones be settled in accordance with original contracts and existing laws. The government appointed a labor inspector for each such zone and established zonal tripartite committees responsible for setting wage levels and monitoring the ratio of local and foreign labor.

The government partially enforced applicable labor laws; penalties were commensurate with those for other laws involving denials of civil rights. As of November the implementing regulations for the Settlement of Labor Dispute Law amended in 2019 remained in draft.

The law provides the right to strike in most sectors, with a majority vote by workers, permission of the relevant labor federations, and detailed information and three days’ advance notice provided to the employer and the relevant conciliation body. The law does not permit strikes or lockouts in essential services such as water, electric, or health services. Lockouts are permitted in public utility services (including transportation; cargo and freight; postal; sanitation; information, communication, and technology; energy; petroleum; and financial sectors), with a minimum of 14 days’ notice provided to the relevant labor organizations and conciliation body. Strikes in public utility services generally require the same measures as in other sectors, but with 14 days’ advance notice and negotiation between workers and management before the strike takes place in order to determine maintenance of minimum service levels. The law prohibits strikes addressing problems not directly relevant to labor issues.

The amended law no longer defines complaints as “individual” or “collective,” but as “rights-based” or “benefits-based.” A “rights-based” dispute includes violations of labor laws, whereas a “benefits-based” dispute pertains to working conditions as set by the collective agreement, contract, or position. The type of dispute determines the settlement procedure. Under the amended law, “rights-based” disputes do not go through a conciliation process or an arbitration proceeding but go directly to court proceedings. The amended law has no requirements for good faith bargaining and permits worker welfare committees to negotiate disputes, even in workplaces where unions exist. The amended law significantly increases fines for labor violations, but it eliminates prison terms as punishment for violations.

Labor groups continued to report labor organizations’ inability to register at the national level, a legal prerequisite for entering labor framework agreements with multinational companies.

There were continued reports of employers engaging in forms of antiunion discrimination. The International Labor Organization (ILO), labor activists, and media outlets reported employers firing or engaging in other forms of reprisal against workers who formed or joined labor unions, including using the COVID-19 pandemic as a pretext for dismissing workers organizing unions in factories. Trade unions reported cases in which criminal charges were filed against workers for exercising their right to strike, and trade union members were arrested and charged with violating peaceful assembly laws when holding demonstrations regarding labor rights generally.

Worker organizations reported that formal dispute settlement and court procedures were not effective at enforcing labor laws. Workers resorted to engaging in campaigns with international brands to pressure factories to reinstate workers or resolve disputes. For example, in August, after negotiations between Kamcaine Manufacturing with the Industrial Worker’s Federation of Myanmar regarding terminations, Kamcaine Manufacturing agreed to reinstate 57 dismissed union members, including seven executive members. Similarly at the Youngan factory, union organizers were dismissed, but the company later complied with the arbitration council’s decision to reinstate the workers.

Labor organizations also reported that local labor offices imposed unnecessary bureaucratic requirements for union registration that were inconsistent with the law.

Workers and workers’ organizations continued to report they generally found the Ministry of Labor to be helpful in urging employers to negotiate.

b. Prohibition of Forced or Compulsory Labor

Laws prohibit most forms of forced or compulsory labor, although it is allowed for use by the military and penal institutions. Laws also provide for the punishment of persons who impose forced labor on others. The law provides for criminal penalties for forced labor violations; penalties differ depending on whether the military, the government, or a private citizen committed the violation. The penalties are commensurate with analogous serious crimes such as kidnapping. The government did not effectively enforce the law, particularly in the areas where significant conflict was occurring.

The government established a forced labor complaints mechanism under the Ministry of Labor, which began receiving and referring cases during the year, replacing the previous mechanism run in coordination with the ILO. The ILO and unions expressed concerns that the government’s mechanism does not provide sufficient protections for victims. Since February the mechanism had received at least 34 complaints and carried over an additional 24 open cases reported through the interim mechanism that took over from the ILO in 2019. Of these 58 combined cases, the labor ministry reported that 25 were officially listed as settled, while 33 were listed as continuing cases. Cases are listed as settled once they have been referred to the appropriate authorities and action has been taken. For example, cases of underage military recruitment are considered settled once they have been referred to the Ministry of Defense and the victim has been released from military service and provided social assistance. These complaints were in addition to the 61 complaints received directly by the ILO as of November.

Although reports of forced labor continued, the ILO reported their number of complaints decreased. Reports of forced labor predominantly arose in conflict and ceasefire areas. The complaints mechanism was not accessible in these areas.

The military’s use of forced labor declined, although the 2020 Secretary-General’s Report on Children and Armed Conflict noted an increase in use of children by the military with indicators of forced labor in conflict-affected areas in Rakhine State. The military continued to compel forced labor by civilians as porters, cleaners, and cooks in conflict areas. Although the military and the government received complaints through the complaints mechanism about the military’s use of forced labor, no military perpetrators were tried in civilian court, and it was not possible to confirm military assertions that perpetrators were subjected to military justice.

Prisoners in the country’s 50 labor camps engaged in forced labor (see section 1.c., Prison and Detention Center Conditions).

The ILO did not receive any verified reports of forced labor in the formal private sector, although domestic workers remained at risk of forced labor. There were reports of forced labor in the production of a variety of agricultural products and of jade, rubies, and teak. Traffickers forced men to work domestically and abroad in fishing, manufacturing, forestry, agriculture, and construction, and they subjected women and girls primarily to sex trafficking or forced labor in garment manufacturing and domestic service.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The 2019 Child Rights Law sets the minimum age at 14 for work in certain sectors, including shops and factories; the law establishes special provisions for “youth employment” for those older than 14. There is, however, no minimum age for work for all sectors in which children were employed, including agriculture and informal work. Some sector-specific laws identify activities that are prohibited for children younger than 18. The law prohibits employees younger than 16 from working in a hazardous environment, and the government prepared a hazardous work list. Penalties under the Child Rights Law are analogous to other serious crimes, such as kidnapping.

Trained inspectors from the Factories and General Labor Laws Inspection Department monitored the application of these regulations, but their legal authority only extends to factories. In addition, inspectors were hindered by a general lack of resources.

The United Nations documented a sharp reduction in the recruitment of children by the Burmese military for use in armed combat, although it continued to document cases, mainly in Rakhine State, of the use of children by the military in noncombat roles. Both practices continue to occur within some ethnic armed groups (see section 1.g.).

The government did not effectively enforce the law. Child labor remained prevalent and highly visible. Poverty led some parents to remove their children from school before completion of compulsory education.

In cities children worked mostly as street vendors, refuse collectors, restaurant and teashop attendants, and domestic workers. Children often worked in the informal economy, in some instances exposing them to drugs and petty crime, risk of arrest, commercial sexual exploitation, HIV/AIDS, and other sexually transmitted infections (also see section 6). Children were also vulnerable to forced labor in teashops, agriculture and forestry, gem production, begging, and other fields. In rural areas children routinely worked in family agricultural activities, occasionally in situations of forced labor. Child labor was also reported in the extraction of gems and jade, as well as rubber and bricks.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor report at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not prohibit employment discrimination.

Restrictions against women in employment exist based on social and cultural practices and beliefs. Women remained underrepresented in most traditionally male-dominated occupations (forestry, carpentry, masonry, and fishing) and were effectively barred by hiring practices and cultural barriers. Women were not legally prohibited from working in certain professions, except in underground mines. The law governing hiring of civil service personnel states that nothing shall prevent the appointment of men to “positions that are suitable for men only,” with no further definition of what constitutes positions “suitable for men only.”

There were reports government and private actors practiced discrimination that impeded Muslim-owned businesses’ operations and undercut their ability to hire and retain labor, maintain proper working standards, and secure public and private contracts. There were reports of discrimination based on sexual orientation and gender identity in employment, including the denial of promotions and firing of LGBTI persons. Activists reported job opportunities for many openly gay and lesbian persons were limited and noted a general lack of support from society as a whole. Activists reported that in addition to general societal discrimination, persons with HIV/AIDS faced employment discrimination in both the public and private sectors, including suspensions and the loss of employment following positive results from mandatory workplace HIV testing.

e. Acceptable Conditions of Work

The official minimum daily wage was above the poverty line. The minimum wage covers a standard eight-hour workday across all sectors and industries and applies to all workers in the formal sector except for those in businesses with fewer than 15 employees. The law requires the minimum wage to be revised every two years. Overtime cannot exceed 12 hours per workweek, should not go past midnight, and can exceed 16 hours in a workweek only on special occasions. The law also stipulates that an employee’s total working hours cannot exceed 11 hours per day (including overtime and a one-hour break). The law applies to shops, commercial establishments, and establishments for public entertainment. The law requires employers to pay employees on the date their salary is due for companies with 100 or fewer employees. For companies with more than 100 employees, the employer is required to pay employees within five days from the designated payday. Up to 75 percent of the workforce was in the informal sector or self-employed and thus was not covered by the laws.

The 2019 Occupational Safety and Health law sets standards for occupational safety and health, and welfare. The law does not provide inspectors the authority to make unannounced inspections or initiate sanctions. The Ministry of Labor has the authority to suspend businesses operating at risk to worker health and safety until risks are remediated.

Labor unions reported instances in which workers could not remove themselves from situations that endanger their health or safety without jeopardizing their employment. Unions reported that workers concerned about COVID-19 positive cases in factories were nonetheless required to work. Penalties for safety and health violations were not commensurate with those for crimes like negligence.

The Ministry of Labor’s Factories and General Labor Laws Inspection Department oversees labor conditions in the private sector. Inspectors were authorized to make unannounced inspections and initiate sanctions. Penalties were commensurate with those for similar violations. The government did not effectively enforce the law. The number of labor law inspectors and factory inspectors was insufficient to address occupational safety and health standards, wage, salary, overtime, and other issues adequately. In some sectors other ministries regulated occupational safety and health laws (e.g., the Ministry of Agriculture, Livestock, and Irrigation).

Workers’ organizations alleged government inspections were rare and often announced with several days’ notice that allowed factory owners to bring facilities–often temporarily–into compliance. Corruption and bribery of inspectors reportedly occurred, according to UNICEF, unions, and the labor NGO Solidarity Center.

The public sector was reasonably likely to respect labor laws; frequent violations occurred in private enterprises. Workers continued to submit complaints to relevant government agencies and the dispute settlement mechanism.

There were no recent statistics available on industrial accidents leading to death or serious injury of workers. In July a landslide in a mining area killed at least 172 persons scavenging for jade in an area closed because of heavy rains.

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

There were reports that the government or its agents committed arbitrary, unlawful, or extrajudicial killings. At times authorities sought to investigate, and when found culpable, held police, military, or other security force personnel accountable for the use of excessive or deadly force or for the deaths of persons in custody, but impunity in such cases remained a significant problem. State and federal panels of inquiry investigating suspicious deaths did not always make their findings public.

The national police, army, and other security services sometimes used force to disperse protesters and apprehend criminals and suspects. Police forces engaging in crowd-control operations generally attempted to disperse crowds using nonlethal tactics, such as firing tear gas, before escalating their use of force.

On October 20, members of the security forces enforced curfew by firing shots into the air to disperse protesters, who had gathered at the Lekki Toll Gate in Lagos to protest abusive practices by the Nigerian Police Force’s Special Anti-Robbery Squad (SARS). Accurate information on fatalities resulting from the shooting was not available at year’s end. Amnesty International reported 10 persons died during the event, but the government disputed Amnesty’s report, and no other organization was able to verify the claim. The government reported two deaths connected to the event. One body from the toll gate showed signs of blunt force trauma. A second body from another location in Lagos State had bullet wounds. The government acknowledged that soldiers armed with live ammunition were present at the Lekki Toll Gate. At year’s end the Lagos State Judicial Panel of Inquiry and Restitution continued to hear testimony and investigate the shooting at Lekki Toll Gate.

In August a military court-martial convicted a soldier and sentenced him to 55 years in prison after he committed a homicide while deployed in Zamfara State.

There were reports of arbitrary and unlawful killings related to internal conflicts in the Northeast and other areas (see section 1.g.).

Criminal gangs also killed numerous persons during the year. On January 25, criminals abducted Bola Ataga, the wife of a prominent doctor, and her two children from their residence in the Juji community of Kaduna State. The criminals demanded a ransom of $320,000 in exchange for their return. They killed Ataga several days later after the family was unable to pay the ransom. On February 6, the criminals released the children to their relatives.

b. Disappearance

In August 2019, to mark the International Day of the Disappeared, Amnesty International issued a statement calling on the government to release immediately hundreds of persons who had been subjected to enforced disappearance and held in secret detention facilities across the country without charge or trial.

Criminal groups abducted civilians in the Niger Delta, the Southeast, and the Northwest, often to collect ransom payments. For example, on the evening of December 11, criminals on motorbikes stormed the Government Science Secondary School in Kankara, Katsina State, abducting 344 schoolboys and killing one security guard. On December 17, the Katsina State government, in conjunction with federal government authorities, secured the release of the boys.

Maritime kidnappings remained common as militants turned to piracy and related crimes to support themselves. For example, in July, Nigerian pirates attacked a Floating Production Storage and Offloading vessel near Rivers State, kidnapping 11 crew members.

Other parts of the country also experienced a significant number of abductions. Prominent and wealthy figures were often targets of abduction, as were religious leaders, regional government leaders, police officers, students, and laborers, amongst others. In January the Emir of Potiskum, Alhaji Umaru Bubaram, and his convoy were attacked on the Kaduna-Zaria Highway. The emir was abducted, and several of his bodyguards were killed. The Abuja-Kaduna road axis was a major target for kidnappers, forcing most travelers to use the train.

Boko Haram and the Islamic State in West Africa (ISIS-WA) conducted large-scale abductions in Borno, Yobe, and Adamawa States (see section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment. A 2017 law defines and specifically criminalizes torture. The law prescribes offenses and penalties for any person, including law enforcement officers, who commits torture or aids, abets, or by act or omission is an accessory to torture. It also provides a basis for victims of torture to seek civil damages. A 2015 law prohibits torture and cruel, inhuman, or degrading treatment of arrestees; however, it fails to prescribe penalties for violators. Each state must also individually adopt the legislation compliant with the 2015 law for the legislation to apply beyond the Federal Capital Territory (FCT) and federal agencies. Two-thirds of the country’s states (Abia, Adamawa, Akwa Ibom, Anambra, Bayelsa, Benue, Cross River, Delta, Edo, Ekiti, Enugu, Jigawa, Kaduna, Kano, Kogi, Kwara, Lagos, Nasarawa, Ogun, Ondo, Osun, Oyo, Plateau, and Rivers) had adopted compliant legislation.

The Ministry of Justice previously established a National Committee against Torture. Lack of legal and operational independence and limited funding hindered the committee from carrying out its work effectively.

The law prohibits the introduction into trials of evidence and confessions obtained through torture. Authorities did not always respect this prohibition. According to credible international organizations, prior to their dissolution, SARS units sometimes used torture to extract confessions later used to try suspects. President Buhari disbanded SARS units in October following nationwide #EndSARS protests against police brutality. Of the states, 28 and the FCT established judicial panels of inquiry to investigate allegations of human rights violations carried out by the Nigerian Police Force and the disbanded SARS units. The panels were made up of a diverse group of civil society representatives, government officials, lawyers, youth, and protesters with the task of reviewing complaints submitted by the public and making recommendations to their respective state government on sanctions for human rights violations and proposed compensation for victims. The work of the judicial panels continued at year’s end.

Local nongovernmental organizations (NGOs) and international human rights groups accused the security services of illegal detention, inhuman treatment, and torture of criminal suspects, militants, detainees, and prisoners. On February 10, the BBC published a report documenting police and military use of a torture practice known as tabay when detaining criminal suspects, including children. Tabay involves binding a suspect’s arms at the elbows to cut off circulation; at times the suspect’s feet are also bound and the victim is suspended above the ground. In response to the BBC video, military and Ministry of Interior officials told the BBC they would investigate use of the practice.

In June, Amnesty International issued a report documenting 82 cases of torture by the SARS from 2017 to May.

Police used a technique commonly referred to as “parading” of arrestees, which involved walking arrestees through public spaces and subjecting them to public ridicule and abuse. Bystanders sometimes taunted and hurled food and other objects at arrestees.

The sharia courts in 12 states and the FCT may prescribe punishments such as caning, amputation, flogging, and death by stoning. The sharia criminal procedure code allows defendants 30 days to appeal sentences involving mutilation or death to a higher sharia court. Statutory law mandates state governors treat all court decisions equally, including amputation or death sentences, regardless of whether issued by a sharia or a nonsharia court. Sharia courts issued several death sentences during the year. In August a sharia court in Kano State convicted a man of raping a minor and sentenced the man to death by stoning. Authorities often did not carry out sentences of caning, amputation, and stoning ordered by sharia courts because defendants frequently appealed, a process that was often lengthy. Federal appellate courts had not ruled on whether such punishments violate the constitution because no relevant cases reached the federal level. Although sharia appellate courts consistently overturned stoning and amputation sentences on procedural or evidentiary grounds, there were no challenges on constitutional grounds.

There were no new reports of canings during the year. Defendants generally did not challenge caning sentences in court as a violation of statutory law. Sharia courts usually carried out caning immediately. In some cases convicted individuals paid fines or went to prison in lieu of caning.

According to the Conduct in UN Field Missions online portal, there were no new reports of sexual exploitation or abuse by peacekeepers from Nigeria deployed to UN peacekeeping missions, but there were still five open allegations, including one from 2019, one from 2018, and three from 2017. As of September, two allegations had been substantiated, and the United Nations repatriated the perpetrators, but the Nigerian government had not yet provided the full accountability measures taken for all five open cases.

In Oyo State, two Nigeria Police Force officers were arrested after reportedly mistreating subjects they arrested in July. In September the Nigeria Police Force dismissed 11 officers and filed criminal charges against an additional 19 for misconduct.

Impunity remained a significant problem in the security forces, including in the police, military, and the Department of State Services (DSS). The DSS, police, and military reported to civilian authorities but periodically acted outside civilian control. The government regularly utilized disciplinary boards and mechanisms to investigate security force members and hold them accountable for crimes committed on duty, but the results of these accountability mechanisms were not always made public. Police remained susceptible to corruption, faced allegations of human rights abuses, and operated with widespread impunity in the apprehension, illegal detention, and torture of suspects.

In response to nationwide protests against police brutality, the government on October 11 abolished SARS units. The DSS also reportedly committed human rights abuses. In some cases private citizens or the government brought charges against perpetrators of human rights abuses, but most cases lingered in court or went unresolved after an initial investigation. In the armed forces, a soldier’s commanding officer determined disciplinary action, and the decision was subject to review by the chain of command. The army had a human rights desk to investigate complaints of human rights abuses brought by civilians, and a standing general court-martial in Maiduguri. The human rights desk in Maiduguri coordinated with the Nigerian Human Rights Commission (NHRC) and Nigerian Bar Association to receive and investigate complaints, although their capacity and ability to investigate complaints outside major population centers remained limited. The court-martial in Maiduguri convicted soldiers for rape, murder, and abduction of civilians. Many credible accusations of abuses remained uninvestigated. The military continued its efforts to train personnel to apply international humanitarian law and international human rights law in operational settings.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and life threatening. Prisoners and detainees reportedly were subjected to gross overcrowding, inadequate medical care, food and water shortages, and other abuses; some of these conditions resulted in deaths. The government sometimes detained suspected militants outside the formal prison system (see section 1.g.).

Physical Conditions: Overcrowding was a significant problem. Although the total designed capacity of the country’s prisons was 50,153 inmates, as of October prison facilities held 64,817 prisoners. Approximately 74 percent of inmates were in pretrial detention or remanded. As of October there were 1,282 female inmates. Authorities sometimes held female and male prisoners together, especially in rural areas. Prison authorities sometimes held juvenile suspects with adults.

Many of the 240 prisons were 70 to 80 years old and lacked basic facilities. Lack of potable water, inadequate sewage facilities, and overcrowding sometimes resulted in dangerous and unsanitary conditions. For example, in December 2019, according to press reports, five inmates awaiting trial at Ikoyi Prison were accidentally electrocuted in their cell, which held approximately 140 inmates despite a maximum capacity of 35.

Disease remained pervasive in cramped, poorly ventilated prison facilities, which had chronic shortages of medical supplies. Inadequate medical treatment caused some prisoners to die from treatable illnesses, such as HIV/AIDS, malaria, and tuberculosis. This situation was exacerbated with the arrival of COVID-19. In July the government released 7,813 prisoners, including some older than 60 or with health conditions, and others awaiting trial, in response to COVID-19. Although authorities attempted to isolate persons with communicable diseases, facilities often lacked adequate space, and inmates with these illnesses lived with the general prison population. There were no reliable statistics on the total number of prison deaths during the year.

Prisoners and detainees were reportedly subjected to torture, overcrowding, food and water shortages, inadequate medical treatment, exposure to heat and sun, and infrastructure deficiencies that led to inadequate sanitary conditions that could result in death. Guards and prison employees reportedly extorted inmates or levied fees on them to pay for food, prison maintenance, transport to routine court appointments, and release from prison. Female inmates in some cases faced the threat of rape.

Only prisoners with money or support from their families had sufficient food. Prison employees sometimes stole money provided for prisoners’ food. Poor inmates sometimes relied on handouts from others to survive. Prison employees, police, and other security force personnel sometimes denied inmates food and medical treatment to punish them or extort money.

Some prisons had no facilities to care for pregnant women or nursing mothers. Although the law prohibits the imprisonment of children, minors–some of whom were born in prison–lived in the prisons.

Generally, prison officials made few efforts to provide mental health services or other accommodations to prisoners with mental disabilities (see section 6).

Several unofficial military detention facilities continued to operate, including the Giwa Barracks facility in Maiduguri, Borno State. Although conditions in the Giwa Barracks detention facility reportedly improved, detainees were not always given due process and were subjected to arbitrary and indefinite detention (see section 1.g.). There were no reports of accountability for past deaths in custody, nor for past reports from Amnesty International alleging that an estimated 20,000 persons were arbitrarily detained between 2009 and 2015, with as many as 7,000 dying in custody.

After multiple releases during the year (see Improvements below), it was unclear how many children or adults remained in detention at Giwa Barracks or other unofficial detention facilities. According to press and NGO reports, the military continued to arrest and remand to military detention facilities, including Giwa Barracks, additional persons suspected of association with Boko Haram or ISIS-WA.

The government continued to arrest and detain women and children removed from or allegedly associated with Boko Haram and ISIS-WA. They included women and girls who had been forcibly married to or sexually enslaved by the insurgents. The government reportedly detained them for screening and their perceived intelligence value. Some children held were reportedly as young as age five.

The law provides that the chief judge of each state, or any magistrate designated by the chief judge, shall conduct monthly inspections of police stations and other places of detention within the magistrate’s jurisdiction, other than prisons, and may inspect records of arrests, direct the arraignment of suspects, and grant bail if previously refused but appropriate.

While prison authorities allowed visitors within a scheduled timeframe, in general few visits occurred, largely due to lack of family resources and travel distances. Prison employees sometimes requested bribes to allow access for visitors.

Independent Monitoring: There was limited monitoring of prisons by independent nongovernmental observers. The International Committee of the Red Cross had access to police detention, the Nigerian Correctional Service (NCS), and some military detention facilities.

Improvements: International organizations reported that the military released more than 400 persons, including at least 309 children, from military custody in Maiduguri in March. Operation Safe Corridor, a deradicalization program, graduated more than 600 former low-level Boko Haram affiliate members and former detainees.

d. Arbitrary Arrest or Detention

Although the constitution and law prohibit arbitrary arrest and detention, police and security services at times employed these practices. The law also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but detainees found such protections ineffective, largely due to lengthy court delays. According to numerous reports, the military arbitrarily arrested and detained–often in unmonitored military detention facilities–thousands of persons in the context of the fight against Boko Haram in the Northeast (see section 1.g.). In their prosecution of corruption cases, law enforcement and intelligence agencies did not always follow due process, arresting suspects without appropriate arrest and search warrants.

Arrest Procedures and Treatment of Detainees

Police and other security services have the authority to arrest individuals without first obtaining warrants if they have reasonable suspicion a person committed an offense, a power they sometimes abused. The law requires that, even during a state of emergency, detainees must appear before a magistrate within 48 hours and have access to lawyers and family members. In some instances government and security employees did not adhere to this regulation. Police held for interrogation individuals found in the vicinity of a crime for periods ranging from a few hours to several months, and after their release, authorities sometimes asked the individuals to return for further questioning. The law requires an arresting officer to inform the accused of charges at the time of arrest, transport the accused to a police station for processing within a reasonable time, and allow the suspect to obtain counsel and post bail. Families were afraid to approach military barracks used as detention facilities. In some cases police detained suspects without informing them of the charges against them or allowing access to counsel and family members; such detentions often included solicitation of bribes. Provision of bail often remained arbitrary or subject to extrajudicial influence. Judges sometimes set stringent bail conditions. In many areas with no functioning bail system, suspects remained incarcerated indefinitely in investigative detention. At times authorities kept detainees incommunicado for long periods. Numerous detainees stated police demanded bribes to take them to court hearings or to release them. If family members wanted to attend a trial, police sometimes demanded additional payment.

The government continued to turn to the armed forces to address internal security concerns, due to insufficient capacity and staffing of domestic law enforcement agencies. The constitution authorizes the use of the military to “[s]uppress insurrection and act in aid of civil authorities to restore order.” Armed forces were part of continuing joint security operations throughout the country.

In some northern states, Hisbah religious police groups patrolled areas to look for violations of sharia.

Arbitrary Arrest: Security personnel reportedly arbitrarily arrested numerous persons during the year, although the number remained unknown.

Security services detained journalists and demonstrators during the year (see sections 2.a. and 2.b.).

Pretrial Detention: Lengthy pretrial detention remained a serious problem. According to NCS figures released in October, 74 percent of the prison population consisted of detainees awaiting trial, often for years. The shortage of trial judges, trial backlogs, endemic corruption, bureaucratic inertia, and undue political influence seriously hampered the judicial system. Court backlogs grew due to COVID-related shutdowns and delays. In many cases multiple adjournments resulted in years-long delays. Some detainees had their cases adjourned because the NPF and the NCS did not have vehicles to transport them to court. Some persons remained in detention because authorities lost their case files. Prison employees did not have effective prison case file management processes, including databases or cataloguing systems. In general the courts were plagued with inadequate, antiquated systems and procedures.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees may challenge the lawfulness of their detention before a court and have the right to submit complaints to the NHRC. Nevertheless, most detainees found this approach ineffective because, even with legal representation, they often waited years to gain access to court.

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, the judicial branch remained susceptible to pressure from the executive and legislative branches. Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, inefficiency, and corruption prevented the judiciary from functioning adequately. There are no continuing education requirements for attorneys, and police officers were often assigned to serve as prosecutors. Judges frequently failed to appear for trials. In addition the salaries of court officials were low, and officials often lacked proper equipment and training.

There was a widespread public perception that judges were easily bribed, and litigants could not rely on the courts to render impartial judgments. Many citizens encountered long delays and reported receiving requests from judicial officials for bribes to expedite cases or obtain favorable rulings.

Although the Ministry of Justice implemented strict requirements for education and length of service for judges at the federal and state levels, no requirements or monitoring bodies existed for judges at the local level. This contributed to corruption and the miscarriage of justice in local courts.

The constitution provides that, in addition to common law courts, states may establish courts based on sharia or customary (traditional) law. Sharia courts functioned in 12 northern states and the FCT. Customary courts functioned in most of the 36 states. The nature of a case and the consent of the parties usually determined what type of court had jurisdiction. In the case of sharia courts in the north, the impetus to establish them stemmed at least in part from perceptions of inefficiency, cost, and corruption in the common law system. The transition to sharia penal and criminal procedure codes, however, was largely perceived as hastily implemented, insufficiently codified, and constitutionally debatable in most of the states.

The nature of a case and the consent of the parties usually determine what type of court has jurisdiction. The constitution specifically recognizes sharia courts for “civil proceedings”; they do not have the authority to compel participation, whether by non-Muslims or Muslims. At least one state, Zamfara State, requires civil cases in which all litigants are Muslim be heard in sharia courts, with the option to appeal any decision to the common law court. Non-Muslims have the option to have their cases tried in the sharia courts if they wish.

In addition to civil matters, sharia courts also hear criminal cases if both complainant and defendant are Muslim and agree to the venue. Sharia courts may pass sentences based on the sharia penal code, including for hudud offenses (serious criminal offenses with punishments prescribed in the Quran) that provide for punishments such as caning, amputation, and death by stoning. Despite constitutional language supporting only secular criminal courts and the prohibition against involuntary participation in sharia criminal courts, a Zamfara State law requires that a sharia court hear all criminal cases involving Muslims.

Defendants have the right to challenge the constitutionality of sharia criminal statutes through the common law appellate courts. As of September no challenges with adequate legal standing had reached the common law appellate system. The highest appellate court for sharia-based decisions is the Supreme Court, staffed by common-law judges who are not required to have any formal training in the sharia penal code. Sharia experts often advise them. Sharia courts are thus more susceptible to human error, as many court personnel lack basic formal education or the appropriate training to administer accurately and effectively penal and legal procedures. Despite these shortfalls, many in the north prefer sharia courts to their secular counterparts, especially concerning civil matters, since they are faster, less expensive, and conducted in the Hausa language.

Trial Procedures

Pursuant to constitutional or statutory provisions, defendants are presumed innocent and enjoy the rights to: be informed promptly and in detail of charges (with free interpretation as necessary from the moment charged through all appeals); receive a fair and public trial without undue delay; be present at their trial; communicate with an attorney of choice (or have one provided at public expense); have adequate time and facilities to prepare a defense; confront witnesses against them and present witnesses and evidence; not be compelled to testify or confess guilt; and appeal.

Authorities did not always respect these rights, most frequently due to a lack of capacity. Insufficient numbers of judges and courtrooms, together with growing caseloads, often resulted in pretrial, trial, and appellate delays that could extend a trial for as many as 10 years. Although accused persons are entitled to counsel of their choice, there were reportedly some cases where defense counsel was absent from required court appearances so regularly that a court might proceed with a routine hearing in the absence of counsel, except for certain offenses for which conviction carries the death penalty. Authorities held defendants in prison awaiting trial for periods well beyond the terms allowed by law (see section 1.c.).

Human rights groups stated the government did not permit all terror suspects detained by the military their rights to legal representation, due process, and to be heard by a judicial authority. Rights groups, including Human Rights Watch, expressed concerns regarding inadequate access to defense counsel, a lack of interpreters, and inadequate evidence leading to an overreliance on confessions. It was unclear whether confessions were completely voluntary. Those whose cases were dismissed reportedly remained in detention without clear legal justification. Human rights groups also alleged that in some cases dissidents and journalists were jailed without access to legal representation or had other rights denied, such as the right to a fair and public trial.

Women and non-Muslims may testify in civil or criminal proceedings and give testimony that carries the same weight as testimony of other witnesses. Sharia courts, however, usually accorded the testimony of women and non-Muslims less weight than that of Muslim men. Some sharia court judges allowed different evidentiary requirements for male and female defendants to prove adultery or fornication. Pregnancy, for example, was admissible evidence of a woman’s adultery or fornication in some sharia courts. In contrast, sharia courts could convict men only if they confessed or there was eyewitness testimony. Sharia courts provided women increased access to divorce, child custody, and alimony, among other benefits.

Military courts tried only military personnel, but their judgments could be appealed to civilian courts. The operational commanding officer of a member of the armed forces must approve charges against that member. The commanding officer decides whether the accusation merits initiation of court-martial proceedings or lower-level disciplinary action. Such determinations are nominally subject to higher review, although the commanding officer makes the final decision. If the case proceeds, the accused is subject to trial by court-martial. The law provides for internal appeals before military councils as well as final appeal to the civilian Court of Appeals.

Political Prisoners and Detainees

IMN’s leader, Sheikh Ibrahim Zakzaky, and his spouse remained in detention. In 2018 the Kaduna State government charged Zakzaky in state court with multiple felonies stemming from the death of a soldier at Zaria.

Civil Judicial Procedures and Remedies

The constitution and law provide for an independent judiciary in civil matters, but the executive and legislative branches, as well as business interests, at times exerted influence and pressure in civil cases. Official corruption and lack of will to implement court decisions also interfered with due process. The constitution and the annual appropriation acts stipulate the National Assembly and the judiciary be paid directly from the federation account as statutory transfers before other budgetary expenditures are made, in order to maintain autonomy and separation of powers. Federal and state governments, however, often undermined the judiciary by withholding funding and manipulating appointments. The law provides for access to the courts for redress of grievances, and courts may award damages and issue injunctions to stop or prevent a human rights abuse, but the decisions of civil courts were difficult to enforce.

Property Restitution

State and local governments forcibly evicted some residents and demolished their homes, often without sufficient notice or alternative compensation, and sometimes in violation of court orders.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary interference, but authorities reportedly infringed on this right during the year, and police entered homes without judicial or other appropriate authorization. In their pursuit of corruption cases, law enforcement agencies allegedly carried out searches and arrests without warrants.

g. Abuses in Internal Conflict

The insurgency in the Northeast by the militant terrorist groups Boko Haram and the ISIS-WA continued. The groups conducted numerous attacks on government and civilian targets, resulting in thousands of deaths and injuries, widespread destruction of property, the internal displacement of more than two million persons, and external displacement of approximately 300,000 Nigerian refugees as of September 30.

Killings: Units of the NA’s Seventh Division, the NPF, and the DSS carried out operations against the terrorist groups Boko Haram and ISIS-WA in the Northeast. There were reports of military forces committing extrajudicial killings of suspected members of the groups.

Boko Haram and ISIS-WA attacked population centers, security personnel, and international organization and NGO personnel and facilities in Borno State. Boko Haram also conducted attacks in Adamawa, while ISIS-WA attacked targets in Yobe. These groups targeted anyone perceived as disagreeing with the groups’ political or religious beliefs or interfering with their access to resources. While Boko Haram no longer controlled as much territory as it did in 2016, the two insurgencies nevertheless maintained the ability to stage forces in rural areas and launch attacks against civilian and military targets across the Northeast. Both groups carried out attacks through roadside improvised explosive devices (IEDs). ISIS-WA maintained the ability to carry out effective complex attacks on military positions, including those in population centers.

On November 28, suspected Boko Haram terrorists killed at least 76 members of a rice farming community in Zabarmari, Borno State. Some of those killed were beheaded.

Boko Haram continued to employ indiscriminate person-borne improvised explosive device (PIED) attacks targeting the local civilian populations. Women and children were forced to carry out many of the attacks. According to a 2017 study by UNICEF, children, forced by Boko Haram, carried out nearly one in five PIED attacks. More than two-thirds of these children were girls. Boko Haram continued to kill scores of civilians suspected of cooperating with the government.

ISIS-WA increased attacks and kidnappings of civilians and continued to employ acts of violence and intimidation against civilians in order to expand its area of influence and gain control over critical economic resources. As part of a violent campaign, ISIS-WA also targeted government figures, traditional leaders, international organization and NGO workers, and contractors. In multiple instances ISIS-WA issued “night letters” or otherwise warned civilians to leave specific areas and subsequently targeted civilians who failed to depart. During its attacks on population centers, ISIS-WA also distributed propaganda materials.

On June 13, suspected ISIS-WA militants attacked the village of Felo, Borno State, killing dozens of civilians.

Abductions: In previous years Human Rights Watch documented cases where security forces forcibly disappeared persons detained for questioning in conflict areas, but there were no reports of such cases during the year.

Boko Haram conducted mass abductions of men, women, and children, often in conjunction with attacks on communities. The group forced men, women, and children to participate in military operations on its behalf. Those abducted by Boko Haram were subjected to physical and psychological abuse, forced labor, and forced religious conversions. Women and girls were subjected to forced marriage and sexual abuse, including rape and sexual slavery. Most female PIED bombers were coerced in some form and were often drugged. Boko Haram also used women and girls to lure security forces into ambushes, force payment of ransoms, and leverage prisoner exchanges.

While some NGO reports estimated the number of Boko Haram abductees at more than 2,000, the total count of the missing was unknown since abductions continued, towns repeatedly changed hands, and many families were still on the run or dispersed in camps for internally displaced persons (IDPs). Many abductees managed to escape Boko Haram captivity, but precise numbers remained unknown.

Approximately half of the students abducted by Boko Haram from the Chibok Government Girls Secondary School in 2014 remained in captivity. Leah Sharibu remained the only student from the 2018 kidnapping in Dapchi in ISIS-WA captivity, reportedly because she refused to convert to Islam from Christianity.

Physical Abuse, Punishment, and Torture: There were reports that security services used excessive force in the pursuit of Boko Haram and ISIS-WA suspects, at times resulting in arbitrary arrest, detention, or torture.

Arbitrary arrests reportedly continued in the Northeast, and authorities held many individuals in poor and life-threatening conditions. There were reports some of the arrested and detained included children believed to be associated with Boko Haram, some of whom may have been forcibly recruited. On May 27, Amnesty International published a report documenting the prolonged detention of terrorism suspects, including children, in deplorable conditions in military facilities in the Northeast. According to Amnesty, the prolonged detention of children in severely overcrowded facilities without adequate sanitation, water, or food, amounted to torture or inhuman treatment. Amnesty documented cases in which children detained in the facilities died as a result of the poor conditions. Conditions in Giwa Barracks reportedly improved somewhat during the year, because the military periodically released groups of women and children, and less frequently men, from the facility to state-run rehabilitation centers. Government employees were not consistently held accountable for abuses in military detention facilities.

Reports indicated that soldiers, police, the Civilian Joint Task Force (CJTF), SARS, and others committed sexual exploitation and abuse of women and girls. Such exploitation and abuse were a concern in state-run IDP camps, informal camps, and local communities in and around Maiduguri, the Borno State capital, and across the Northeast. Women and girls continued to be exploited in sex trafficking, reportedly by other IDPs, aid workers, and low-level government employees. Some charges were brought against government officials, security force members, and other perpetrators. For example, an Air Force officer was convicted, dismissed, and sentenced in 2019 by a court-martial for sexual exploitation of a 14-year-old girl in one of the IDP camps. In August he was turned over to civilian authorities for further criminal prosecution. In September a military court-martial convicted, dismissed from service, and sentenced to five years’ imprisonment a soldier after he raped a teenage girl in Borno State.

Boko Haram engaged in widespread sexual and gender-based violence against women and girls. Those who escaped, or whom security services or vigilante groups rescued, faced ostracism by their communities and had difficulty obtaining appropriate medical and psychosocial treatment and care. In 2019 Boko Haram kidnapped a group of women and cut off their ears in retaliation for perceived cooperation with Nigerian and Cameroonian military and security services.

Child Soldiers: There were no reports that the military used child soldiers during the year. In 2019 an international organization verified the Nigerian military recruited and used at least two children younger than age 15 in support roles. Between April and June 2019, the military used six boys between 14 and 17 years old in Mafa, Borno State, in support roles fetching water, firewood, and cleaning. In October 2019 the same international organization verified the government used five boys between 13 and 17 years old to fetch water at a checkpoint in Dikwa, Borno State.

Reports indicated that the military coordinated closely on the ground with the CJTF. The CJTF and United Nations continued work to implement an action plan to end and prevent the recruitment and use of children, which was signed by both parties and witnessed by the Borno State government in 2017. According to credible international organizations, following the signing of the action plan there had been no verified cases of recruitment and use of child soldiers by the CJTF. Some demobilized former child soldiers were awaiting formal reintegration into communities.

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

a. Freedom of Expression, Including for the Press

Although the constitution and law provide for freedom of speech and press, the government restricted these rights at times.

Freedom of Speech: The constitution entitles every individual to “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Although federal and state governments usually respected this right, there were reported cases in which the government abridged the right to speech and other expression. Authorities in the north at times restricted free speech by labeling it blasphemy.

Freedom of Press and Media, Including Online Media: A large and vibrant private domestic press frequently criticized the government, but critics reported being subjected to threats, intimidation, arrest, detention, and sometimes violence.

At times civilian leaders instructed security forces to harass journalists covering sensitive topics such as human right abuses, electoral malpractices, high-level public corruption, and the government’s war against terrorism.

Violence and Harassment: Security services detained and harassed journalists, sometimes for reporting on sensitive problems such as political corruption and security. Security services including the DSS and police occasionally arrested and detained journalists who criticized the government. Moreover, army personnel in some cases threatened civilians who provided, or were perceived to have provided, information to journalists or NGOs on misconduct by the military. On at least six occasions, journalists were charged with treason, economic sabotage, or fraud when uncovering corruption or public protests.

Numerous journalists were killed, detained, abducted, or arrested during the year.

On January 21, Alex Ogbu, a reporter for the RegentAfrica Times magazine and website, was shot and killed in a cross fire while covering an IMN protest in Abuja.

On October 24, police arrested Onifade Pelumi, an intern reporter for Gboah TV, as he conducted interviews in a crowd gathered outside a food warehouse in Agege near Lagos. His family was unable to locate him until his body was found in a Lagos morgue two weeks later.

On November 28, soldiers assaulted and detained Voice of America Hausa-service reporter Grace Abdu in Port Harcourt, Rivers State. Abdu was interviewing residents of the Oyigbo community about allegations the army had committed extrajudicial killings of members of the proscribed separatist group the Indigenous People of Biafra (IPOB), as well as killed or indiscriminately arrested civilians during a crackdown against IPOB. She was released later that afternoon.

Censorship or Content Restrictions: The government controlled much of the electronic media through the National Broadcasting Commission (NBC), which is responsible for monitoring and regulating broadcast media. The law prohibits local television stations from transmitting programming from other countries except for special religious programs, sports programs, or events of national interest. Cable and satellite transmission was less restricted. For example, the NBC permitted live transmission of foreign news and programs on cable and satellite networks, but they were required to dedicate 20 percent of their programming time to local content.

The government used regulatory oversight to restrict press freedom, notably clamping down on television and radio stations. Citing violations of amendments to the sixth edition of the Nigeria Broadcasting Code, in August the NBC fined local radio station Nigeria Info 99.3 FM for comments by the former deputy governor of the Central Bank of Nigeria, Obadiah Mailafia, on insecurity in the country. Mailaifia alleged that a northern governor was a sponsor of Boko Haram.

The NBC also sanctioned private television stations Africa Independent Television, Channels TV, and Arise News during October’s #EndSARS protests, alleging their reportage of the nationwide protests relied on unverifiable video footage from social media handles.

Some journalists reported they practiced self-censorship. Journalists and local NGOs claimed security services intimidated journalists, including editors and owners, into censoring reports perceived to be critical of the government. In February, Samuel Ogundipe, a reporter for the newspaper Premium Times, went into hiding after receiving numerous threatening telephone calls, having his email hacked, and being told to stop his reporting that relations between the country’s national security adviser, the army chief of staff, and the chief of staff for the presidency were strained. The newspaper’s editor, Musililu Mojeed, also reported receiving threats and the online edition of Premium Times suffered cyberattacks.

Libel/Slander Laws: Libel and slander are civil offenses and require defendants to prove truthfulness or value judgment in news reports or editorials or pay penalties. The requirement limited the circumstances in which media defendants could rely on the common law legal defense of “fair comment on matters of public interest,” and it restricted the right to freedom of expression. Allegations of libel were also used as a form of harassment by government employees in retaliation for negative reporting. Defamation is a criminal offense carrying a penalty for conviction of up to two years’ imprisonment and possible fines. On October 13, police arrested Oga Tom Uhia, editor of Power Steering, a magazine covering the electrical power sector, at his home in Gwarimpa near Abuja. Uhia was charged with defamation, based on a complaint by Minister of State for Power Goddy Jeddy Agba. As of November, Uhia remained in detention.

On April 28, police arrested Mubarak Bala, president of the Humanist Association of Nigeria, for allegedly posting blasphemous statements regarding the Prophet Muhammad on Facebook. On December 21, the Federal High Court in Abuja ordered the inspector general of police, Mohammed Adamu, and the Nigerian Police Force to release Bala, ruling that his detention without charge for almost eight months violated his rights to freedom of expression and movement, among others. At year’s end the inspector general and police had not complied with the court’s decision, and Bala remained in detention.

Sharia courts sentenced persons for blasphemy. In August singer Yahaya Sharif-Aminu was convicted of blasphemy and sentenced to death by a Kano State sharia court. A 13-year-old boy was convicted of blasphemy and sentenced to 10 years’ imprisonment. Lawyers for both defendants were appealing the convictions at year’s end.

Internet Freedom

There were few government restrictions on access to the internet, but challenges with infrastructure and affordability persisted. The NGO Freedom House reported that internet providers sometimes blocked websites at the request of the Nigerian Communications Commission, particularly websites advocating independence for Biafra. The internet and communications technology enterprise Paradigm Initiative reported that mobile internet providers blocked websites related to the #EndSARS protests.

Civil society organizations and journalists expressed concern regarding the broad powers provided by the law on cybercrime. Some local and state governments used the law to arrest journalists, bloggers, and critics for alleged hate speech. On August 17, authorities in Akwa Ibom State arrested journalist Ime Sunday Silas following his publication of a report, Exposed: Okobo PDP Chapter Chair Links Governor Udom’s Wife with Plot to Blackmail Deputy Speaker. Authorities charged Silas with “cyberstalking.” Silas’s case was pending before the court at year’s end. The law on cybercrimes had yet to be fully tested in the courts. Legislative interest and calls for regulating social media increased due to concerns it plays a role in accelerating rural and electoral violence.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for rights to freedom of peaceful assembly and association, but the government limited these rights.

Freedom of Peaceful Assembly

The constitution and law provide for freedom of assembly. The government occasionally banned and targeted gatherings when it concluded their political, ethnic, or religious nature might lead to unrest. The government put limitations on public gatherings, including temporary bans on congregational worship services in some states, in response to COVID-19. As of September public gatherings were limited to no more than 50 persons in enclosed spaces. State-level mandates varied on the reopening of religious services. Open-air religious services held away from places of worship remained prohibited in many states due to fear they might heighten interreligious tensions.

Members of a Shia political organization, the IMN, carried out a series of protests across the country in response to the continued detention of their leader, Sheikh Ibrahim El-Zakzaky. Police and military officials set up roadblocks and used other means to contain protesters in and around the capital city of Abuja. On January 23, Shia Rights Watch reported that government forces used tear gas and firearms against IMN protesters, killing one protester and severely injuring another. An IMN spokesperson alleged that police killed three IMN members during the group’s annual Ashura mourning procession in Kaduna on August 24 and that two persons died in clashes with police on August 30. On October 19, IMN members protested El-Zakzaky’s continued detention on the first anniversary of the violent clash with police in Zaria.

In August, #RevolutionNow protesters organized a set of demonstrations in several cities across the country to mark the one-year anniversary of their inaugural protests calling for more responsive and accountable governance. Although the protests were allowed to proceed unimpeded in most places, civil society observers reported the arrest of some peaceful protesters in Lagos, Osun, and Kano States on charges of “conduct likely to cause breach of public peace.” All those arrested were released within days of their arrest.

In October, #EndSARS protests were staged in states across the country to demand an end to police brutality. Demonstrations were largely peaceful, but some protests turned violent after criminal elements infiltrated the protests and security forces fired at protesters at the Lekki Toll Gate on October 20 (see section 1.a.). According to #EndSARS Legal Aid, by year’s end a network of volunteer lawyers had secured the release of 337 protesters, but it was unable to confirm how many remained in detention.

In areas that experienced societal violence, police and other security services permitted public meetings and demonstrations on a case-by-case basis. Security services sometimes used excessive force to disperse demonstrators (see section 1.a.).

Freedom of Association

The constitution and law provide for the right to associate freely with other persons in political parties, trade unions, or other special interest organizations. While the government generally respected this right, on occasion authorities abrogated it for some groups. The government of Kaduna State continued its proscription of the IMN, alleging the group constituted a danger to public order and peace. In July 2019 the government extended that proscription nationwide and designated the IMN as a terrorist organization.

The law criminalizes the registration, operation, or participation in so-called gay clubs, societies, or organizations, and further prohibits any support to such organizations (see section 6). Rights groups reported the law had a significant chilling effect on free association.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but security officials restricted freedom of movement at times by imposing curfews in areas experiencing terrorist attacks and ethnic violence.

In-country Movement: The federal, state, or local governments imposed curfews or otherwise restricted movement in Adamawa, Borno, and Yobe States in connection with operations against Boko Haram and ISIS-WA. Other states imposed curfews in reaction to specific threats and attacks, and rural violence.

Police conducted “stop and search” operations in cities and on major highways and, on occasion, set up checkpoints. In response to COVID-19, the federal and state governments each instituted restrictions on movement between and within states, as well as curfews that varied throughout the year.

e. Status and Treatment of Internally Displaced Persons

Access to farmland remained a problem for IDPs in the Northeast, particularly for those living with host communities. Many IDPs with access to farmland were told by the military to refrain from planting taller crops for security reasons. Distribution of fertilizers to areas with some farming opportunities was restricted due to the military’s suspicion that fertilizers such as urea could be used for military purposes.

IDPs, especially those in the Northeast, faced severe protection problems, including sexual abuse of women and girls, some of which constituted sex trafficking (see section 1.g.). Security services continued to arrest and detain suspected Boko Haram and ISIS-WA members at IDP camps and in host communities, sometimes arbitrarily and with insufficient evidence, and restricted family access to detainees. Other protection concerns included terrorist attacks or bombings, lack of accountability and diversion of humanitarian aid, drug abuse, hostility and insecurity, harassment of women and girls, and lack of humanitarian assistance for host communities.

NGOs reported having insufficient resources available to assist IDP victims of sexual and gender-based violence, who had limited access to safe, confidential psychosocial counseling and medical services or safe spaces. Women and girls abducted by Boko Haram and ISIS-WA, as well as the babies born as a result of rape during their captivity, faced stigmatization and community isolation.

f. Protection of Refugees

The government cooperated with UNHCR and humanitarian organizations in assisting refugees and asylum seekers through the National Commission for Refugees, Migrants, and IDPs. The government participated in a regional protection dialogue to continue to work through a tripartite agreement with UNHCR and Cameroon signed in 2017 to ensure that any Nigerian refugees in Cameroon returning to Nigeria were fully informed and gave their consent. Nevertheless, the agreement was not fully enforced, and the return of Nigerian refugees to Nigeria was sometimes forced, uninformed, or dangerous according to some humanitarian organizations.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Asylum seekers originated mainly from Cameroon, the Democratic Republic of the Congo, Central African Republic, Mali, Cote d’Ivoire, and Sudan, with a majority living in urban areas in Cross River State, Lagos, and Ijebu Ode in Ogun State. According to UNHCR, approximately 60,000 Cameroonians fleeing the Anglophone Crisis sought refuge in Cross River, Benue, and Akwa Ibom States.

Access to Basic Services: Legal documentation such as birth certificates, national identity cards, certificate of indigenes and voter registration are the key civil documentation to prove state of origin and nationality. They are also necessary to access services such as education. UNHCR reported in August that ineffective and inexistent civil registration and identification management systems in areas hosting IDPs and returnees remained a concern.

Durable Solutions: The country received a high number of returnees, both voluntary and forced, primarily in the Northeast. Accurate information on the number of returnees was not available. The government was generally unable to take action to reintegrate returning refugees. Many returnees did not find durable solutions and were forced into secondary displacement.

Temporary Protection: The government provided temporary protection to a few hundred individuals who may not qualify as refugees.

g. Stateless Persons

The government does not require birth registration, and the majority of births were unregistered. The 2018 Nigeria Demographic and Health Survey, the most recent data available, found that only 42 percent of births of children younger than age five were registered. Most persons did not become stateless because of their lack of birth registration; however, there were some reported cases where the government denied individuals citizenship because they did not have a birth registration and did not have another way to prove their citizenship.

The law provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot.

Elections and Political Participation

Recent Elections: The Independent National Electoral Commission (INEC) is the independent electoral body responsible for overseeing elections by regulating the process and preventing electoral misconduct. In 2019 INEC conducted the presidential election, National Assembly elections, state houses of assembly elections, and local elections in all 36 states plus the FCT, as well as gubernatorial elections in 30 states. During the year INEC conducted gubernatorial elections in Edo and Ondo States. There was evidence in some of these elections that military and security services intimidated voters, electoral officials, and election observers. There were reports in some of these elections of corrupt practices, including high incidences of vote buying.

Political Parties and Political Participation: The constitution and law allow the free formation of political parties. As of September there were 18 parties registered with INEC. INEC deregistered 74 political parties in February on the basis that the parties did not satisfy the requirements of the law. The constitution requires political party sponsorship for all election candidates.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process. Observers attributed fewer leadership opportunities for women in major parties and government, particularly in the north, to religious and cultural barriers. The number of female candidates was disproportionally low. Although INEC introduced assistive materials, including braille ballot guides and sign language interpreters’ manuals, the accessibility of polls for persons with disabilities remained poor. Less than 4 percent of those elected in the 2019 general elections were women. Only 12 percent of the 6,300 candidates for the National Assembly’s House of Representatives and Senate were women, and women won only 17 of the 469 Assembly seats. The situation was similar in the 36 state houses of assembly and 774 local government councils. Women’s participation dropped from a high of 8 percent of National Assembly members elected in 2007 to 4 percent in 2019.

Although the law provides criminal penalties for conviction of official corruption, the government did not consistently implement the law, and government employees frequently engaged in corrupt practices with impunity. Massive, widespread, and pervasive corruption affected all levels of government, including the judiciary and security services. The constitution provides immunity from civil and criminal prosecution for the president, vice president, governors, and deputy governors while in office. There were numerous allegations of government corruption during the year.

Corruption: The Independent Corrupt Practices Commission (ICPC) holds broad authorities to prosecute most forms of corruption. The Economic and Financial Crimes Commission’s (EFCC) writ extends only to financial and economic crimes. During the year there was a high-profile investigation involving the acting chairman of the EFCC, Ibrahim Magu. In July authorities arrested Magu and charged him with embezzlement. Magu was suspended as acting EFCC chairman. The ICPC led a raid in August 2019 that resulted in the arrest of 37 federal road safety officers and five civilian employees on charges of extortion. As of December 2019, the EFCC had secured 890 convictions, a record during the year. Through court-martial, the military convicted and fired a major general in connection with the 2019 reported theft of 400 million naira (more than one million dollars) in cash.

The bulk of ICPC and EFCC anticorruption efforts remained focused on low- and mid-level government officials. In 2019 both organizations started investigations into, and brought indictments against, various active and former high-level government officials. Many of the corruption cases, particularly the high-profile ones, remained pending before the court due to administrative or procedural delays.

In June the Nigeria National Petroleum Corporation released audited 2018 financial statements, the first such release since its establishment in 1977. The corporation also published audited accounts of its 20 subsidiaries and business divisions. In December the federal government launched the Financial Transparency Policy and Portal, commonly referred to as Open Treasury Portal, with the aim of increasing transparency and governmental accountability of funds transferred by making the daily treasury statement public. The Open Treasury Portal required all ministries, departments, and agencies to publish daily reports of payments greater than five million naira ($13,300). The Nigeria Extractive Industries Transparency Initiative and other anticorruption watchdog groups hailed the government for providing better access to government spending data.

Financial Disclosure: The Code of Conduct Bureau and Tribunal Act requires public officials–including the president, vice president, governors, deputy governors, cabinet ministers, and legislators (at both federal and state levels)–to declare their assets to the Code of Conduct Bureau before assuming and after leaving office. The constitution calls for the bureau to “make declarations available for inspection by any citizen of the country on such terms and conditions as the National Assembly may prescribe.” The law does not address the publication of asset information. Violators risk prosecution, but cases rarely reached conclusion.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials sometimes cooperated and responded but generally dismissed allegations quickly without investigation. In some cases the military threatened NGOs and humanitarian organizations.

Government Human Rights Bodies: The law establishes the NHRC as an independent nonjudicial mechanism for the promotion and protection of human rights. The NHRC monitors human rights through its zonal affiliates in the country’s six political regions. The NHRC is mandated to investigate allegations of human rights abuses and publishes periodic reports detailing its findings, including torture and poor prison conditions; however, the commission served more in an advisory, training, and advocacy role. During the year there were no reports of its investigations having led to accountability. The law provides for recognition and enforcement of NHRC awards and recommendations as court decisions, but it was unclear whether this happened.

Women

Rape and Domestic Violence: Federal law addresses sexual violence, physical violence, psychological violence, harmful traditional practices, and socioeconomic violence. The law cites spousal battery, forceful ejection from the home, forced financial dependence or economic abuse, harmful widowhood practices, female genital mutilation/cutting (FGM/C), other harmful traditional practices, substance attacks (such as acid attacks), political violence, and violence by state actors (especially government security forces) as offenses. Victims and survivors of violence are entitled by law to comprehensive medical, psychological, social, and legal assistance by accredited service providers and government agencies, with their identities protected during court cases, although during the year these services were often limited due to resource constraints. As of September only 13 of the country’s 36 states (Kaduna, Anambra, Oyo, Benue, Ebonyi, Edo, Ekiti, Enugu, Osun, Cross River, Lagos, Plateau, and Bauchi) and the FCT had adopted the act, meaning that most Nigerians were not yet protected by the law.

The law criminalizes rape, but it remained widespread. According to the 2018 Nigeria Demographic and Health Survey, approximately 31 percent of women between ages 15 and 49 had experienced some form of physical violence and 9 percent had experienced sexual violence. On May 27, a university student was raped and killed while studying inside a church in Benin City, Edo State. With support from Edo State, the inspector general of police sent a special homicide team to investigate, which resulted in the arrest of six suspects in August. Four were charged and remained in jail awaiting trial until October, when they escaped during a mass jailbreak during the #EndSARS protests. At year’s end they remained fugitives, while two more suspects had yet to be charged because authorities could not locate them.

Sentences for persons convicted of rape and sexual assault were inconsistent and often minor. Federal law provides penalties for conviction ranging from 12 years’ to life imprisonment for offenders older than 14 and a maximum of 14 years’ imprisonment for all others. It also provides for a public register of convicted sexual offenders and appointment of protection officers at the local government level to coordinate with courts and provide for victims to receive various forms of assistance (e.g., medical, psychosocial, legal, rehabilitative, and for reintegration) provided by the law. The law also includes provisions to protect the identity of rape victims and a provision empowering courts to award appropriate compensation to victims of rape. Because the relevant federal law had only been adopted in one-third of states, state criminal codes continued to govern most rape and sexual assault cases and typically allowed for lesser sentences. While some, mostly southern, states enacted laws prohibiting some forms of gender-based violence or sought to safeguard certain rights, a majority of states did not have such legislation. Victims generally had little or no recourse to justice. In September, Kaduna State enacted laws increasing the maximum penalty for rape to include sterilization and the death penalty.

The law provides for up to three years’ imprisonment, a monetary fine, or both for conviction of spousal battery. It also authorizes courts to issue protection orders upon application by a victim and directs the appointment of a coordinator for the prevention of domestic violence to submit an annual report to the federal government.

Domestic violence remained widespread, and many considered it socially acceptable. A 2019 survey on domestic violence found that 47 percent of respondents had suffered from domestic violence or knew someone who had; 82 percent of respondents indicated that violence against women was prevalent in the country.

Police often refused to intervene in domestic disputes or blamed the victim for provoking the abuse. In rural areas courts and police were reluctant to intervene to protect women who formally accused their husbands of abuse if the level of alleged abuse did not exceed local customary norms.

Female Genital Mutilation/Cutting (FGM/C): Federal law criminalizes female circumcision or genital mutilation, but there were few reports that the government took legal action to curb the practice. The law penalizes a person convicted of performing female circumcision or genital mutilation with a maximum of four years in prison, a monetary fine, or both. It punishes anyone convicted of aiding or abetting such a person with a maximum of two years’ imprisonment, a monetary fine, or both. The federal government launched a revised national policy on the elimination of FGM for 2020-24.

The 2018 Nigeria Demographic and Health Survey found that 20 percent of women ages 15 to 49 had undergone FGM/C. While 13 of 36 states banned FGM/C, once a state legislature had criminalized FGM/C, NGOs found they had to convince local authorities that state laws applied in their districts.

Other Harmful Traditional Practices: According to the law, any person convicted of subjecting another person to harmful traditional practices may be punished with up to four years’ imprisonment, a monetary fine, or both. Anyone convicted of subjecting a widow to harmful traditional practices is subject to two years’ imprisonment, a monetary fine, or both. For purposes of the law, a harmful traditional practice means all traditional behavior, attitudes, or practices that negatively affect the fundamental rights of women or girls, to include denial of inheritance or succession rights, FGM/C, forced marriage, and forced isolation from family and friends.

Despite the federal law, purdah, the cultural practice of secluding women and pubescent girls from unrelated men, continued in parts of the north. “Confinement,” which occurred predominantly in the Northeast, remained the most common rite of deprivation for widows. Confined widows were subject to social restrictions for as long as one year and usually shaved their heads and dressed in black as part of a culturally mandated mourning period. In other areas communities viewed a widow as a part of her husband’s property to be “inherited” by his family. In some traditional southern communities, widows fell under suspicion when their husbands died. To prove their innocence, they were forced to drink the water used to clean their deceased husbands’ bodies.

Sexual Harassment: Sexual harassment remained a common problem. No statutes prohibit sexual harassment, but assault statutes provide for prosecution of violent harassment. The law criminalizes stalking, but it does not explicitly criminalize sexual harassment. The law also criminalizes emotional, verbal, and psychological abuse and acts of intimidation.

The practice of demanding sexual favors in exchange for employment or university grades remained common. Women suffered harassment for social and religious reasons in some regions.

Reproductive Health: Although couples and individuals have the legal right to decide the number, spacing, and timing of children, traditional practices often hampered a woman’s choice on family size.

Information on reproductive health and access to quality reproductive health services and emergency obstetric care were not widely available. The UN Population Fund (UNFPA) reported as of 2020 that only 46 percent of married or in-union women were free to make their own informed decisions in all three categories of reproductive health care, contraceptive use, and sexual relations. More than 30 percent of women of reproductive age experienced spousal violence during pregnancy.

Modern methods of contraception were used by 12 percent of women, with nearly 19 percent of all surveyed women stating they had an unmet need for family planning, and 24 percent of women stating they wanted no more children. The UN Population Division estimated 17 percent of girls and women ages 15-49 used a modern method of contraception. As of 2010, the UNFPA reported that 29 percent of women ages 20-24 had given birth before the age of 18.

Cultural and religious views across regions affected access to reproductive services, especially contraceptive use. Not all primary health centers provided free family-planning services. The National Health Insurance Scheme did not always cover family-planning services.

Conversations around sex and sexuality issues were taboo in many places, posing a barrier for access for youth who might need services and information from health-care providers.

Pediatricians provided primary care for adolescents through 18 years of age. Adolescent-friendly reproductive health services and interventions were usually not provided within the health system. Low literacy and low economic empowerment among couples hampered effective access to skilled health attendance during pregnancy and delivery, although government insurance policies sometimes provided for free antenatal services. The 2018 Nigeria Demographic and Health Survey (NDHS) reported that 67 percent of women ages 15-49 received antenatal care from a skilled provider during pregnancy, and 39 percent of live births took place in a health-care facility.

Inadequate funding for primary health-care facilities and cost of services, as well as lack of access to primary health-care facilities in rural and hard-to-reach areas with poor transportation and communications infrastructure, limited access to antenatal care and skilled birth delivery. Gender roles also limited access to maternal health services; women who were financially or socially dependent on men might be unable to access health care without seeking consent from their spouses. In some states, health-care workers frequently required women to provide proof of spousal consent prior to accessing contraceptives. In the North, societal and cultural norms inhibited women from leaving the house unaccompanied to access reproductive health services. Some women also preferred to deliver their babies using traditional birth attendants because of the belief they could prevent spiritual attacks and because of the affordability of their services.

According to the 2018 NDHS, one in 10 women ages 15-49 experienced sexual violence. A UNICEF survey from 2014 indicated one in four girls and one in 10 boys experienced sexual violence before age 18. The government received support from donors to provide access to age-appropriate sexual and reproductive health services for survivors of sexual violence in all 36 states and the Federal Capital Territory. Sexual violence survivors who sought and had access to care could receive a minimum package of care, including counseling, HIV testing services, provision of post-exposure prophylaxis (within 72 hours), linkage to pre-exposure prophylaxis for HIV-negative clients, linkage to anti-retroviral services for HIV-positive clients, provision of emergency contraceptives (within 120 hours), testing and treatment for sexually transmitted diseases, and legal support where required, among other services such as referrals for longer term psycho-social support and economic empowerment programs.

The 2018 NDHS reported a maternal mortality rate of 512 deaths per 100,000 live births due to lack of access to antenatal care, skilled birth attendants, emergency obstetric care, and other medical services.

Complications associated with FGM/C included potential spread of HIV due to tearing of scarred vaginal tissue and use of unsterilized instruments; emotional trauma; and sexual health problems such as pain during sex, decreased sexual desire and pleasure, and obstetric problems such as prolonged or obstructed labor, obstetric fistulas, infection, sepsis, and postpartum bleeding.

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

Discrimination: Although the constitution provides the same legal status and rights for women as for men, and there were no known legal restrictions on women’s working hours or jobs deemed too dangerous for women, there were limitations on women’s employment in certain industries such as construction, energy, and agriculture. Women experienced considerable economic discrimination. The law does not mandate equal remuneration for work of equal value, nor does it mandate nondiscrimination based on gender in hiring.

Women generally remained marginalized. No laws prohibit women from owning land, but customary land tenure systems allowed only men to own land, with women gaining access to land only via marriage or family. Many customary practices also did not recognize a woman’s right to inherit property, and many widows became destitute when their in-laws took virtually all the deceased husband’s property.

In the 12 northern states that adopted religious law, sharia and social norms affected women to varying degrees. For example, in Zamfara State local governments enforced laws requiring the separation of Muslim men and women in transportation and health care.

The testimony of women carried less weight than that of men in many criminal courts. Women could arrange but not post bail at most police detention facilities.

Children

Birth Registration: Children derive their citizenship from their parents. The government does not require birth registration, and the majority of births were unregistered. The 2018 Nigeria Demographic and Health Survey, the most recent data available, found that only 42 percent of births of children younger than age five were registered. Lack of documents did not result in denial of education, health care, or other public services.

Education: The law requires provision of tuition-free, compulsory, and universal basic education for every child of primary and junior secondary school age. According to the constitution, women and girls are supposed to receive career and vocational guidance at all levels, as well as access to quality education, education advancement, and lifelong learning. Despite these provisions, extensive discrimination and impediments to female participation in education persisted, particularly in the north.

Public schools remained substandard, and limited facilities precluded access to education for many children.

Most educational funding comes from the federal government, with state governments required to pay a share. Public investment was insufficient to achieve universal basic education. Actual budget execution was consistently much lower than approved funding levels. Increased enrollment rates created challenges in ensuring quality education. According to UNICEF, in some instances there were 100 pupils for one teacher.

According to the 2015 Nigeria Education Data Survey, attendance rates in primary schools increased to 68 percent nationwide. Of the approximately 30 million primary school-age children, an estimated 10.5 million were not enrolled in formally recognized schools. At least an additional four million were estimated to be out of school at the secondary level. Primary school attendance was low, and learning outcomes nationally were poor on average, especially across the northern states, where compounding disadvantages included higher levels of household poverty, insecurity, and restrictive cultural norms. According to the 2015 education survey, the net attendance ratio at primary level was only 67 percent of children between the ages of six and 11. Children in rural areas were at a greater disadvantage than those in urban areas, with a ratio of 57 percent and 81 percent, respectively. Furthermore, national data on students’ reading and literacy levels revealed all of the northern states fell within the bottom third on reading performance.

The lowest attendance rates were in the north, where rates for boys and girls were approximately 45 percent and 35 percent, respectively. According to UNICEF, in the north, for every 10 girls in school, more than 22 boys attended. Approximately 25 percent of young persons between ages 17 and 25 had fewer than two years of education.

The Northeast had the lowest primary school attendance rate. The most pronounced reason was the Boko Haram and ISIS-WA insurgencies, which prevented thousands of children from continuing their education in Borno and Yobe States (due to destruction of schools, community displacement, and mass movement of families from those crisis states to safer areas). According to the United Nations, between 2014 and 2017, attacks in the Northeast destroyed an estimated 1,500 schools and resulted in the deaths of 1,280 teachers and students.

Child Abuse: Child abuse remained common throughout the country, but the government took no significant measures to combat it. Findings from the Nigeria Violence Against Children Survey released in 2015 revealed approximately six of every 10 children younger than age 18 experienced some form of physical, emotional, or sexual violence during childhood. One in two children experienced physical violence, one in four girls and one in 10 boys experienced sexual violence, and one in six girls and one in five boys experienced emotional violence.

In 2010 the Ministerial Committee on Madrasah Education reported 9.5 million children worked as almajiri, poor children from rural homes sent to urban areas by their parents ostensibly to study and live with Islamic teachers. Since government social welfare programs were scarce, parents of children with behavioral, mental health, or substance abuse problems turned to the almajiris of some mallams who claimed to offer treatment. Instead of receiving an education, many almajiri were forced to work manual jobs or beg for alms that were given to their teacher. The religious leaders often did not provide these children with sufficient shelter or food, and many of the children effectively became homeless. In April governors of 19 northern states agreed to ban almajiri schools, and during the COVID pandemic they repatriated thousands of students across state lines. By year’s end there were reports that almajiri schools had resumed in some states.

In some states children accused of witchcraft were killed or suffered abuse, such as kidnapping and torture.

So-called baby factories operated, often disguised as orphanages, religious or rehabilitation centers, hospitals, or maternity homes. They offered for sale the newborns of pregnant women–mostly unmarried girls–sometimes held against their will and raped. The persons running the factories sold the children for various purposes, including adoption, child labor, child trafficking, or sacrificial rituals, with boys fetching higher prices. Media reports indicated some communities killed infants born as twins or with birth defects or albinism.

Child, Early, and Forced Marriage: The law sets a minimum age of 18 for marriage for both boys and girls. According to UNICEF, 43 percent of women between the ages of 20 and 24 had been married before the age of 18, while 16 percent were married before age 15. The prevalence of child, early, and forced marriage varied widely among regions, with figures ranging from 76 percent in the Northwest to 10 percent in the Southeast. Only 25 state assemblies adopted the Child Rights Act of 2003, which sets the minimum marriage age, and most states, especially northern states, did not uphold the federal official minimum age for marriage. The government engaged religious leaders, emirs, and sultans on the problem, emphasizing the health hazards of early marriage. Certain states worked with NGO programs to establish school subsidies or fee waivers for children to help protect against early marriage. The government did not take significant legal steps to end sales of young girls into marriage.

According to an NGO, education was a key indicator of whether a girl would marry as a child–82 percent of women with no education were married before 18, as opposed to 13 percent of women who had at least finished secondary school. In the north parents complained the quality of education was so poor that schooling could not be considered a viable alternative to marriage for their daughters. Families sometimes forced young girls into marriage as early as puberty, regardless of age, to prevent “indecency” associated with premarital sex or for other cultural and religious reasons. Boko Haram subjected abducted girls to forced marriage.

Sexual Exploitation of Children: The law prohibits child commercial sexual exploitation and sexual intercourse with a child, providing penalties for conviction from seven years’ to life imprisonment, respectively, for any adults involved. Two-thirds of states had adopted the relevant federal law. The minimum age for sexual consent varies according to state law. The constitution provides that “full age” means the age of 18, but it creates an exception for any married woman who “shall be deemed of full age.” In some states children as young as 11 can be legally married under customary or religious law. The law criminalizes child sex trafficking and prescribes a minimum penalty of seven years’ imprisonment and a substantial monetary fine.

The law criminalizes incest and provides prison sentences of up to 10 years. The law criminalizes the production, procurement, distribution, and possession of child pornography with prison terms of 10 years, a substantial monetary fine, or both.

Sexual exploitation of children remained a significant problem. Children were exploited in commercial sex, both within the country and in other countries. Girls were victims of sexual exploitation in IDP camps. There were continued reports that camp employees and members of security forces, including some military personnel, used fraudulent or forced marriages to exploit girls in sex trafficking (see section 1.g.). The government expanded efforts to identify victims of exploitation in IDP camps and investigate camp officials alleged to be complicit in the exploitation. For example, the government continued a screening and sensitization campaign to identify sex-trafficking victims in IDP camps in Bama and other areas near Maiduguri. The National Agency for the Prohibition of Traffic in Persons (NAPTIP) also collaborated with the Borno State government, international organizations, and NGOs to establish the Borno State Anti-Trafficking Task Force.

Displaced Children: As of September, UNHCR reported there were approximately 2.5 million persons displaced in the Lake Chad Basin region. According to the International Organization for Migration, children younger than age 18 constituted 56 percent of that IDP population, with 23 percent of them younger than age six. There were displaced children among IDP populations in other parts of the north as well. Many children were homeless.

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.

Anti-Semitism

An estimated 700 to 900 members of the Jewish community, who were foreign employees of international firms, resided in Abuja. Although not recognized as Jews by mainstream Jewish communities, between 2,000 and 30,000 ethnic Igbos claimed Jewish descent and practiced some form of Judaism. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits discrimination based on the “circumstances of one’s birth.” In 2019 the government passed a disability rights law for the first time, prohibiting discrimination on the basis of disability. Violators are subject to fines, imprisonment, or both. In August, President Buhari named the first appointees to lead the new National Commission for Persons with Disabilities.

Some national-level policies such as the National Health Policy of 2016 provide for health-care access for persons with disabilities. By year’s end 10 states had adopted the national disability law including Kano, Jigawa, Anambra, Kogi, Ondo, Lagos, Ekiti, Plateau, Kwara, and Bauchi. The Ministry of Women’s Affairs and Social Development has responsibility for persons with disabilities. Some government agencies, such as the NHRC and the Ministry of Labor and Employment, designated an employee to work on matters related to disabilities.

The government operated vocational training centers in Abuja and Lagos to train indigent persons with disabilities. Individual states also provided facilities to help persons with physical disabilities become self-supporting. The Joint National Association of Persons with Disabilities served as the umbrella organization for a range of disability groups.

Persons with disabilities faced social stigma, exploitation, and discrimination, and relatives often regarded them as a source of shame. Many indigent persons with disabilities begged on the streets. Mental health-care services were almost nonexistent. Officials at a small number of prisons used private donations to provide separate mental health facilities for prisoners with mental disabilities. All prisoners with disabilities stayed with the general inmate population and received no specialized services or accommodations.

Members of National/Racial/Ethnic Minority Groups

The country’s ethnically diverse population consisted of more than 250 groups speaking 395 different languages. Many were concentrated geographically. Three major groups–the Hausa, Igbo, and Yoruba–together constituted approximately one-half the population. Members of all ethnic groups practiced ethnic discrimination, particularly in private-sector hiring patterns and the segregation of urban neighborhoods. A long history of tension existed among some ethnic groups. The government’s efforts to address tensions among ethnic groups typically involved heavily concentrated security actions, incorporating police, military, and other security services, often in the form of a joint task force.

The law prohibits ethnic discrimination by the government, but most ethnic groups claimed marginalization in terms of government revenue allocation, political representation, or both.

The constitution requires the government to have a “federal character,” meaning that cabinet and other high-level positions must be distributed to persons representing each of the 36 states or each of the six geopolitical regions. President Buhari’s cabinet appointments conformed to this policy. Traditional relationships were used to pressure government officials to favor particular ethnic groups in the distribution of important positions and other patronage.

All citizens have the right to live in any part of the country, but state and local governments frequently discriminated against ethnic groups not indigenous to their areas, occasionally compelling individuals to return to a region where their ethnic group originated but where they no longer had ties. State and local governments sometimes compelled nonindigenous persons to move by threats, discrimination in hiring and employment, or destruction of their homes. Those who chose to stay sometimes experienced further discrimination, including denial of scholarships and exclusion from employment in the civil service, police, and military. For example, in Plateau State the predominantly Muslim and nonindigenous Hausa and Fulani faced significant discrimination from the local government in land ownership, jobs, access to education, scholarships, and government representation.

Land disputes, competition over dwindling resources, ethnic differences, and settler-indigene tensions contributed to clashes between herdsmen and farmers throughout the north-central part of the country. Ethnocultural and religious affiliation also contributed to and exacerbated some local conflicts. Nevertheless, many international organizations, including the International Crisis Group, assessed these divisions were incidental to the farmer-herder conflict. “Silent killings,” in which individuals disappeared and later were found dead, occurred throughout the year in north-central Nigeria.

Conflicts concerning land rights continued among members of the Tiv, Kwalla, Jukun, Fulani, and Azara ethnic groups living near the convergence of Nasarawa, Benue, and Taraba States.

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

A 2014 law effectively renders illegal all forms of activity supporting or promoting lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. According to the law, anyone convicted of entering into a same-sex marriage or civil union may be sentenced to up to 14 years’ imprisonment. The law also criminalizes the public show of same-sex “amorous affection.”

A 2016 Human Rights Watch report asserted police and members of the public used the law to legitimize human rights abuses against LGBTI persons, such as torture, sexual violence, arbitrary detention, extortion, and violations of due process rights.

During the year LGBTI persons reported increased harassment, threats, discrimination, and incidents of violence against them based on their real or perceived sexual orientation or gender identity according to the NGO The Initiative for Equal Rights (TIERs). TIERs documented 482 human rights abuses based on real or perceived sexual orientation, gender expression, and sex characteristics between December 2019 and November. Of these cases, more than 20 percent involved state actors. Invasion of privacy, arbitrary arrest, and unlawful detention were the most common abuses perpetrated by law enforcement and other state actors. Blackmail, extortion, assault, and battery were the most common types of abuses perpetrated by nonstate actors.

In the 12 northern states that adopted sharia, adults convicted of engaging in same-sex sexual conduct may be subject to execution by stoning. Sharia courts did not impose such sentences during the year. In previous years individuals convicted of same-sex sexual conduct were sentenced to lashing.

On October 27, the Federal High Court in Lagos struck out the charges against 47 men charged in 2018 with public displays of same-sex amorous affection for their attendance at a hotel party where police stated homosexual conduct took place. The presiding judge struck out the charges due to a “lack of diligent prosecution” after the prosecuting counsel repeatedly failed to present witnesses or evidence for court proceedings among other concerns.

Several NGOs provided LGBTI groups with legal advice and training in advocacy, media responsibility, and HIV/AIDS awareness; they also provided safe havens for LGBTI individuals. This work took place contrary to the law.

HIV and AIDS Social Stigma

In general the public considered HIV to be a disease, a result of immoral behavior, and a punishment for same-sex sexual conduct. Persons with HIV/AIDS often lost their jobs or were denied health-care services. Authorities and NGOs sought to reduce the stigma and change perceptions through public education campaigns.

Other Societal Violence or Discrimination

Amnesty International reported in 2018 that 3,641 citizens and perhaps more were killed in violence involving herders and farmers since January 2016. According to International Crisis Group, what were once spontaneous attacks had increasingly become premeditated, scorched-earth campaigns driven primarily by competition for land between farmers and herders, and an estimated 300,000 persons were displaced by the violence.

Various reports indicated street mobs killed suspected criminals during the year. In most cases these mob actions resulted in no arrests.

Ritualists who believed certain body parts confer mystical powers kidnapped and killed persons to harvest body parts for rituals and ceremonies. For example, in June, five persons were killed in Oyo State. Their bodies were found with vital organs missing, and it was suspected that the organs were harvested for ritualistic use.

Members of both Christian and Muslim groups continued to report some state and local government laws discriminated against them, including by limiting their rights to freedom of expression and assembly and in obtaining government employment.

Persons born with albinism faced discrimination, were considered bad luck, and were sometimes abandoned at birth or killed for witchcraft purposes.

a. Freedom of Association and the Right to Collective Bargaining

The law provides all workers, except members of the armed forces, the Central Bank of Nigeria, and public employees who are classified in the broad category of “essential services,” the right to form or belong to a trade union or other association, conduct legal strikes, and bargain collectively; some statutory limitations substantially restrict these rights. Trade unions must meet various registration requirements to be legally established. By law a trade union may be registered only if there is no other union already registered in that trade or profession and if it has a minimum of 50 members, a threshold most businesses could not meet. A three-month notice period, starting from the date of publication of an application for registration in the Nigeria Official Gazette, must elapse before a trade union may be registered. If the Ministry of Labor and Employment does not receive objections to registration during the three-month notice period, it must register the union within three months of the expiration of the notice period. If an objection is raised, the ministry has an indefinite period to review and deliberate on the registration. The registrar may refuse registration because a proper objection has been raised or because a purpose of the trade union violates the Trade Union Act or other laws. Each federation must consist of 12 or more affiliated trade unions, and each trade union must be an exclusive member in a single federation.

The law generally does not provide for a union’s ability to conduct its activities without interference from the government. The law narrowly defines what union activities are legal. The minister of labor and employment has broad authority to cancel the registration of worker and employer organizations. The registrar of trade unions has broad powers to review union accounts at any time. In addition the law requires government permission before a trade union may legally affiliate with an international organization.

The law stipulates that every collective agreement on wages be registered with the National Salaries, Income, and Wages Commission, which decides whether the agreement becomes binding. Workers and employers in export-processing zones (EPZs) are subject to the provisions of labor law, the 1992 Nigeria Export Processing Zones Decree, and other laws. Workers in the EPZs may organize and engage in collective bargaining, but there are no explicit provisions providing them the right to organize their administration and activities without interference by the government. The law does not allow worker representatives free access to the EPZs to organize workers, and it prohibits workers from striking for 10 years following the commencement of operations by the employer within a zone. In addition the Nigerian Export Processing Zones Authority, which the federal government created to manage the EPZ program, has exclusive authority to handle the resolution of disputes between employers and employees, thereby limiting the autonomy of the bargaining partners.

The law provides legal restrictions that limit the right to strike. The law requires a majority vote of all registered union members to call a strike. The law limits the right to strike to disputes regarding rights, including those arising from the negotiation, application, interpretation, or implementation of an employment contract or collective agreement, or those arising from a collective and fundamental breach of an employment contract or collective agreement, such as one related to wages and conditions of work. The law prohibits strikes in essential services. The International Labor Organization (ILO), however, stated that government defined “essential services” in an overly broad manner. Essential services included the Central Bank of Nigeria; the Nigerian Security Printing and Minting Company, Ltd.; any corporate body licensed to carry out banking under the Banking Act; postal service; sound broadcasting; telecommunications; maintenance of ports, harbors, docks, or airports; transportation of persons, goods, or livestock by road, rail, sea, or river; road cleaning; and refuse collection. Strike actions, including many in nonessential services, may be subject to a compulsory arbitration procedure leading to a final award, which is binding on the parties concerned.

Strikes based on disputed national economic policy are prohibited. Penalties for conviction of participating in an illegal strike include fines and imprisonment for up to six months.

Workers under collective bargaining agreements may not participate in strikes unless their unions comply with legal requirements, including provisions for mandatory mediation and referral of disputes to the government. Workers may submit labor grievances to the judicial system for review. Laws prohibit workers from forcing persons to join strikes, blocking airports, or obstructing public byways, institutions, or premises of any kind. Persons committing violations are subject to fines and possible prison sentences. The law further restricts the right to strike by making regular payments of union dues conditional on the inclusion of a no-strike clause during the lifetime of a collective agreement. No laws prohibit retribution against strikers and strike leaders, but strikers who believe they are victims of unfair retribution may submit their cases to the Industrial Arbitration Panel with the approval of the Ministry of Labor and Employment. The panel’s decisions are binding on the parties but may be appealed to the National Industrial Court. The arbitration process was cumbersome, time consuming, and ineffective in deterring retribution against strikers. Individuals also have the right to petition the Labor Ministry and may request arbitration from the National Industrial Court.

The law does not prohibit general antiunion discrimination; it only protects unskilled workers. Penalties for violations were not comparable with penalties for similar offenses. The law does not provide for the reinstatement of workers fired for union activity. A large number of alleged cases in antiunion discrimination and obstruction to collective bargaining were reported during the year. Specific acts include denial of the right to join trade unions, massive dismissals for trying to join trade unions, mass repression of union members, and arrests of union members, among others.

In 2013 the ILO ruled that many provisions of the Trade Union Act and the Trade Disputes Act contravened ILO conventions 87 and 98 by limiting freedom of association. While workers exercised some of their rights, the government generally did not effectively enforce the applicable laws. Penalties were not commensurate with those for similar violations. Inflation reduced the deterrence value of many fines established by older laws.

In many cases workers’ fears of negative repercussions inhibited their reporting of antiunion activities. According to labor representatives, police rarely gave permission for public demonstrations and routinely used force to disperse protesters. In Port Harcourt union members were harassed in an effort to silence opposition to the unilateral abolition of the 30,000 naira ($78) monthly national minimum wage. On July 21, the Trade Union Side of the Joint National Public Service Negotiating Council alleged the governor of Rivers State dispatched armed thugs to the National Labor Congress secretariat to vandalize property and abduct the chairperson of the Judiciary Staff Union of Nigeria. The chairman was detained at Government House, dragged to a magistrate court on trumped up offenses, and kidnapped while undergoing trial; his whereabouts remained unknown.

Collective bargaining occurred throughout the public sector and the organized private sector but remained restricted in some parts of the private sector, particularly in banking and telecommunications. According to the International Trade Union Confederation, the government and some private-sector employers occasionally failed to honor their collective agreements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children, except compulsory prison labor. Criminal penalties were commensurate with those for similar crimes but were seldom appropriately enforced. The government did not effectively enforce these laws in many parts of the country. The government took steps to identify or eliminate forced labor, but insufficient resources and lack of training on such laws hampered efforts.

Forced labor remained with reports of women and girls subjected to forced labor in domestic service, and boys subjected to forced labor in street vending, domestic service, mining, stone quarrying, agriculture, and begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government does not prohibit all of the worst forms of child labor. Penalties were not commensurate with those for similar crimes. Child labor was prevalent, especially in the informal sector.

By law age 12 is the general minimum age for employment. Persons younger than age 14 may be employed only on a daily basis, must receive the day’s wages at the end of each workday, and must be able to return each night to their parents’ or guardian’s residence. By law these regulations do not apply to domestic service. The law also provides exceptions for light work in agriculture and horticulture if the employer is a family member. No person younger than age 16 may work underground, in machine work, or on a public holiday. No “young person,” defined as a person younger than age 18 by the Labor Act, may be employed in any job that is injurious to health, dangerous, or immoral. For industrial work and work on vessels where a family member is not employed, the minimum work age is 15, consistent with the age for completing educational requirements. The law states children may not be employed in agricultural or domestic work for more than eight hours per day. Apprenticeship of youths older than age 12 is allowed in skilled trades or as domestic servants.

The Labor Ministry dealt specifically with child labor problems but mainly conducted inspections in the formal business sector, where the incidence of child labor reportedly was not significant. The NAPTIP has some responsibility for enforcing child labor laws, although it primarily rehabilitates trafficking and child labor victims. Victims or their guardians rarely complained due to intimidation and fear of losing their jobs.

The government’s child labor policy focused on intervention, advocacy, sensitization, legislation, withdrawal of children from potentially harmful labor situations, and rehabilitation and education of children following withdrawal. In an effort to withdraw children from the worst forms of child labor, the government operated vocational training centers with NGOs around the country. The Labor Ministry confirmed that 2,996 children were removed from child labor during the year. Despite the policy and action plan, children largely were not adequately protected due to weak enforcement of the law and gaps in coverage.

Children engaged in the worst forms of child labor identified in the country including: commercial agriculture and hazardous farm work (cocoa, cassava); street hawking; exploitative cottage industries such as iron and other metal works; hazardous mechanical workshops; exploitative and hazardous domestic work; commercial fishing; exploitative and hazardous pastoral and herding activities; construction; transportation; mining and quarrying; prostitution and pornography; forced and compulsory labor and debt bondage; forced participation in violence, criminal activity, and ethnic, religious, and political conflicts; and involvement in drug peddling.

Many children worked as beggars, street peddlers, and domestic servants in urban areas. Children also worked in the agricultural sector and in mines. Boys were forced to work as laborers on farms, in restaurants, for small businesses, and in granite mines, as well as street peddlers and beggars. Girls worked involuntarily as domestic servants and street peddlers.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The law does not prohibit discrimination in employment and occupation based on race, sex, religion, political opinion, gender, language, sexual orientation, gender identity, age, HIV-positive status, or social status. The government did not effectively address discrimination in employment or occupation except in the area of discrimination against persons with disabilities. Penalties were not commensurate with those for similar violations. Gender-based discrimination in employment and occupation occurred (see section 6, Women). Women are legally barred from particular fields of employment, such as mining. Women often experienced discrimination due to traditional and religious practices. Police regulations provide for special recruitment requirements and conditions of service applying to women, particularly the criteria and provisions relating to pregnancy and marital status.

In January 2019 the government adopted the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, which prohibits discrimination against persons with disabilities, giving them the right to education without discrimination or segregation; the right to work on an equal basis with others, including the right to opportunity to gain a living by work freely chosen or accepted in a labor market and work environment that is open. The act further provides that “all employers of labor in public organizations shall, as much as possible, have persons with disabilities constituting at least 5 percent of their employment.”

NGOs expressed concern regarding discrimination against women in the private sector, particularly in access to employment, promotion to higher professional positions, and salary equity. According to credible reports, many businesses implemented a “get pregnant, get fired” policy. Women remained underrepresented in the formal sector where labor protections and higher wages applied. Women did not receive equal pay for equal work and often encountered difficulty in acquiring commercial credit or obtaining tax deductions or rebates as heads of households. Unmarried women in particular endured many forms of discrimination. Several states had laws mandating equal opportunity for women.

Employers frequently discriminated against persons with HIV and AIDs. The government spoke out in opposition to such discrimination, calling it a violation of the fundamental right to work.

e. Acceptable Conditions of Work

In April 2019 President Buhari signed legislation increasing the legal national monthly minimum wage. The minimum wage was not higher than the poverty income level. Trade unions protested the failure of the new minimum wage to keep up with inflation. Employers with fewer than 50 employees are exempt from this minimum, and the large majority of workers were not covered. Government enforcement of the minimum wage, particularly by state governments, remained sporadic despite workers’ protests and warning strikes. For example, on December 23, the Academic Staff Union of Universities (ASUU) conditionally suspended its nine-month strike (the country’s longest strike since 1999) in protest of the government’s nonpayment of salaries of ASUU members and failure to revitalize public-sector universities.

The law mandates a 40-hour workweek, two to four weeks of annual leave, and overtime and holiday pay, except for agricultural and domestic workers. The law does not define premium pay or overtime. The law prohibits excessive compulsory overtime for civilian government employees. Penalties for wage and hour violations were not commensurate with those for similar violations.

The law establishes appropriate health and safety provisions. The law requires employers to compensate injured workers and dependent survivors of workers killed in industrial accidents. The law provides for the protection of factory employees in hazardous situations. The law does not provide other nonfactory workers with similar protections. The law applies to legal foreign workers, but not all companies respected these laws. Penalties were not commensurate with those for similar violations. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.

The Ministry of Labor and Employment is responsible for enforcing these standards. The ministry did not effectively enforce occupational health and safety law and did not have a sufficient number of inspectors to enforce compliance. The department is tasked to inspect factories’ compliance with health and safety standards, but it was underfunded, lacked basic resources and training, and consequently did not sufficiently enforce safety regulations at most enterprises, particularly construction sites and other nonfactory work locations. Labor inspections mostly occurred randomly but occasionally occurred when there was suspicion, rather than actual complaints, of illegal activity. In addition the government did not enforce the law strictly. Authorities did not enforce standards in the informal sector, which included the majority of workers.