Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law prohibits rape and provides for prison terms of five to 20 years for perpetrators. The law does not specifically penalize spousal rape, and there is a rebuttable presumption of consent in marital rape cases. The court may impose a life sentence in cases of gang rape if the rapists are related to or hold positions of authority over the victim, or if the victim is younger than age 15. Media and NGOs reported that rape of schoolgirls by teachers was a problem, but the government did not provide information on charges filed.
A local human rights organization that supports the rights of persons with disabilities reported a man was sentenced to a 20-year prison term for the April 2019 murder of his pregnant girlfriend, a woman with disabilities. The same organization reported that the 2019 rape and killing of another teenage girl with disabilities remained unsolved as of September.
Survivors were often discouraged from pursuing criminal cases, with their families often accepting payment as compensation. A human rights organization cited a recent case in which a rape victim with disabilities’ father brought a complaint against the rapist and then withdrew it upon receiving a private payment from the assailant. The mother of the victim, wanting her own compensation, threatened to file a complaint and then refused to do so after receiving a payment from the assailant. There was at least one report of security forces intervening to persuade a family to file criminal charges rather than accept private compensation for a sexual assault on their minor child.
Although rape victims were no longer legally required to obtain a medical certificate, some human rights organizations reported that victim who did not do so encountered difficulties in moving their cases forward. Obtaining a medical certificate could be costly. In the first half of the year, the government reported authorities accepted 50 rape cases for investigation without a medical certificate.
Female Genital Mutilation/Cutting (FGM/C): The law specifically forbids FGM/C and provides penalties for practitioners of up to five years’ imprisonment and substantial fines. Double penalties apply to medical practitioners, including doctors, nurses, and medical technicians. Nevertheless, FGM/C remained a problem. The government reported one FGM/C prosecution in the first half of the year. The defendant was fined and sentenced to 24 months in prison. The most recent 2016 Multiple Indicator Cluster Survey indicated that the rate of FGM/C nationwide was 36.6 percent, with prevalence varying by region.
Other Harmful Traditional Practices: Societal violence against women included traditional practices that are illegal, such as dowry deaths (the killing of brides over dowry disputes), levirate (forcing a widow to marry her dead husband’s brother), and sororate (forcing a woman to marry her dead sister’s husband). The government did not provide information regarding the prevalence or rate of prosecution for such violence or forced activity during the year but stated that no deaths were linked to these practices.
Sexual Harassment: The law prohibits sexual harassment and prescribes penalties of one-to–three years’ imprisonment and fines. Nevertheless, the government rarely, if ever, enforced the law, and harassment was widespread and routinely tolerated.
Reproductive Rights: The law provides for full and equal access to reproductive health information and services to all men and women ages 15 and older. Couples and individuals generally have the right to decide the number, spacing, and timing of their children, and had access to the information and means to do so, free from coercion, discrimination, or violence. Government policy required emergency health-care services to be available and free to all, but care was not available in all regions, particularly rural areas, and was often expensive.
According to estimates by the World Health Organization (WHO), in 2010-19, 44 percent of women of reproductive age had their need for family planning satisfied with modern methods. The United Nations Population Fund (UNFPA) estimated 82 percent of all women had the autonomy to decide whether to use contraception. Barriers to modern methods of contraception included cost (the government only partially subsidized the cost of some methods of contraception), distance to points of purchase such as pharmacies and clinics, and low or unreliable stocks of certain types of contraception. Other barriers to use included misinformation and hearsay, as well as religious beliefs and biases against marginalized groups.
According to estimates by the WHO, 74 percent of births in 2010-19 were attended by skilled health personnel. Barriers to births attended by skilled health personnel included distance to modern health facilities, cost of prenatal consultations and other birth-related supplies and vaccinations, and low provider capacity. According to WHO estimates, in 2010-18, the adolescent birth rate was 123 per 1,000 girls aged 15-19.
Health services for survivors of sexual violence existed, but costs of such services were often prohibitive for victims, law enforcement often did not know to refer victims to medical practitioners, and many medical practitioners were not trained in treatment of survivors of sexual violence.
According to estimates by the WHO, UNICEF, the UNFPA, the World Bank, and the United Nations Population Division, in 2017 (the latest year for which data are available), the maternal mortality rate was 617 deaths per 100,000 live births, down from 658 deaths per 100,000 live births in 2015. Factors contributing to the high maternal mortality rate were chiefly related to lack of access to quality care. Additionally, local nongovernmental organizations reported women often had to pay for prenatal consultations and other birth-related supplies and vaccinations, which dissuaded them from using modern facilities and increased the likelihood of maternal mortality. As a result of FGM/C, scarification was common. Scarification can lead to obstructed labor during childbirth, an obstetric complication that is a common cause of maternal deaths, especially in the absence of Caesarean section capability.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides the same legal status and rights for women and men in labor law, although there were also restrictions on women’s employment (see section 7.d.). A 2019 law establishes the right for widows to inherit upon the deaths of their husbands as much as the deceased’s children can. Human rights organizations reported many religious and traditional authorities rejected laws intended to reduce gender-related inequality in household decision-making.
Birth Registration: The law confers citizenship at birth if at least one parent was a citizen when the child was born.
The law provides parents a three-month period to register their child’s birth for a nominal fee. In some parts of the country, the three-month window conflicts with important cultural practices around the naming of children, making birth registration difficult for many families. To register births after the first three months, families must also pay a fine. For older children, authorities may require a doctor’s age assessment and other documents. To continue to secondary school, children must pass an exam for which identity documents are required. As a result children without documents could not continue their studies after primary school. The government, with the support of UNICEF, requires healthcare workers in maternity wards and at immunization sites to complete birth registration forms automatically when providing services. According to UNICEF this service was offered during the year in nearly 62 percent of the country’s health centers and, since the beginning of the program, health workers have completed registration paperwork for 85,779 newborns out of 94,892 live births, a registration rate of 90 percent.
Education: Primary schooling is obligatory, free, and open to all. Education was thus ostensibly free and compulsory for children ages six to 16, but families generally reported being asked to pay school fees, either to receive their children’s records or pay for school supplies. In principle students’ families do not have to pay for books or user fees, but families usually covered some schooling expenses not covered by the government. Parents also often contributed to teachers’ salaries and living stipends, particularly in rural areas. Parents of children not in compliance with the law were reportedly subject to substantial fines or two to six months in jail, but this was seldom, if ever, enforced, and many children did not attend or have access to school.
Girls participated in education at lower rates than boys, particularly in rural areas. Although girls initially enrolled at a higher rate, their participation dropped below boys’ because of a cultural tendency to keep girls at home to care for younger siblings or do other domestic work, and due to reported sexual harassment of female students by teachers and other staff. In April 2019 the Ministry of National Education created a new gender unit to focus on improving education and training for girls and women. The gender unit sponsored several events during the year, including a celebration of International Day of the Girl and a training for community leaders and parents on preventing pregnancy among school-aged girls.
Child Abuse: The penalty for statutory rape, or attempted rape, of a child younger than age 16 is a prison sentence of one to three years and a substantial fine. In March the government published a report detailing the findings of a 2018 study carried out with the support of international donors on violence against children and youth younger than age 18. The study found that 19 percent of girls and 11 percent of boys had been victims of sexual violence and 47 percent of girls and 61 percent of boys had been victims of physical violence. In 2019 the government investigated 59 cases of sexual abuse of minors and 37 child rape cases. In the first half of the year, the government reported two child rape convictions and four pending prosecutions. In February authorities arrested the relatives of a nine-year-old who died while being raped for not reporting the crime and for aiding in the rapist’s escape. To assist child victims of violence and abuse, the government cooperated with UNICEF to strengthen the child protection network in areas such as case management, the implementation of evidence-based prevention programs, and data collection and analysis.
Responsibility for combating child abuse lies with the Ministries of Employment, Social Affairs, and Professional Training; Justice and Human Rights; Women, Families, and Children; Solidarity, Social Cohesion, and the Fight against Poverty; and National Education. International organizations and civil society groups reported that lack of coordination among the ministries hampered their effectiveness.
Child, Early, and Forced Marriage: A law passed in July 2019 equalized the legal age for marriage for women and men at 18. The law prohibits marriage of women and men younger than 18 without parental consent. The law specifically penalizes anyone who forces a minor younger than 18 to enter a religious or customary matrimonial union. Nevertheless, reports of traditional marriages involving at least one minor spouse persisted.
In 2017 (most recent data available) according to UNICEF, 27 percent of girls were married by age 18 and 7 percent by age 15. In September media reported that a 15-year-old girl had been forced to marry a 29-year-old man in a customary marriage and was subjected to repeated abuse until she stabbed him to death in self-defense. Authorities arrested the girl and she confessed to the homicide; however, the public prosecutor ultimately released her and entrusted her to the Child and Youth Judicial Protection Service.
Sexual Exploitation of Children: The minimum age for consensual sex is 18. The law prohibits the use, recruitment, or offering of minors for commercial sex or use in pornographic films, pictures, or events. Violators can receive prison sentences ranging from five to 20 years and substantial fines. Statutory rape of a minor carries a punishment of one to three years in prison and a monetary fine.
The country is a source, transit, and destination country for children subjected to trafficking in persons, including sex trafficking.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
Displaced Children: Human rights organizations reported thousands of children countrywide lived on the streets and were frequently subject to harassment by authorities. The government implemented a program to reduce the number of homeless minors. Officials in the Ministry of Youth opened several centers in a few cities where at-risk youth could live and receive training. A charity associated with First Lady Dominique Ouattara broke ground on a shelter to house former juvenile offenders. There was no information on the number of minors assisted in 2020.
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 .
The country’s Jewish community numbered fewer than 100 persons, including foreign residents and Ivoirian converts. There were no reports of anti-Semitic acts.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The constitution contains protections for persons with disabilities. The law requires the government to educate and train persons with physical, mental, visual, auditory, and cerebral motor disabilities; hire them or help them find jobs; design houses and public facilities for wheelchair access; and adapt machines, tools, and work spaces for access and use by persons with disabilities as well as to provide them access to the judicial system. The law prohibits acts of violence against persons with disabilities and the abandonment of such persons. These laws were not effectively enforced.
Political campaigns did not include braille or sign language, undercutting civic participation by persons with vision and hearing disabilities. The CEI did not provide any formal accommodations for persons with disabilities at polling sites for the October presidential election, although observers reported CEI staff assisting persons with disabilities during both the presidential election and the June-July voter registration period on an ad hoc basis, including by physically carrying registration documents down to ground level of a building if the registration center was located on a higher floor.
Persons with disabilities reportedly encountered serious discrimination in employment and education. Prisons and detention centers reportedly provided no accommodations for persons with disabilities. Although the law requires measures to provide persons with disabilities access to transportation and buildings and designated parking spots, human rights organizations reported these provisions were frequently not implemented around the country.
The government financially supported some separate schools, training programs, associations, and artisans’ cooperatives for persons with disabilities, located primarily in Abidjan, but human rights organizations reported these schools functioned primarily as literacy centers and did not offer the same educational materials and programs as other schools. The government made efforts to recruit persons with disabilities for select government positions. Nonetheless, it was difficult for children with disabilities to obtain an adequate education if their families did not have sufficient resources. Although public schools did not bar students with disabilities from attending, such schools lacked the resources to accommodate them. In some instances, provisions were financed by private donations. Homelessness among persons with mental disabilities was reportedly common.
The country has more than 60 ethnic groups; human rights organizations reported ethnic discrimination was a problem. Authorities considered approximately 25 percent of the population foreign, although many within this category were second or third generation residents. Land ownership laws remained unclear and unimplemented, resulting in conflicts between native populations and other groups.
The law prohibits xenophobia, racism, and tribalism and makes these forms of intolerance punishable by five to 10 years’ imprisonment. During the presidential election period, numerous interethnic (referred to as intercommunal in the country) clashes occurred. A particularly violent clash in Dabou between two ethnic groups, Malinke and Adjoukrou claimed 16 lives and injured 67 persons. Government officials found that the violence had been instigated by unidentified outside actors wanting to stoke the conflict, potentially for political gain, but did not say whether the actors were progovernment or opposition. Security forces deployed to the town to restore order and remained on the scene for several days.
In November, brutal intercommunal conflicts broke out in the rural interior towns of Daoukro, between Baoule and Malinke, and in M’Batto, between Agni and Malinke. The government recorded six deaths in Daoukro and three deaths in M’Batto, including two cases of persons burned to death and one beheading, although one opposition party claimed the actual death toll was much higher.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Homosexuality is not criminalized, but public heterosexual and same-sex intimate activity is subject to conviction as a form of public indecency that carries a penalty of up to two years’ imprisonment. In July 2019 the government made minor changes to the law, but human rights organizations reported the changes did not prevent tacit discrimination based on sexual orientation or gender identity.
Human rights organizations reported the lesbian, gay, bisexual, transgender and intersex (LGBTI) community continued to face discrimination and violence. Authorities were at times slow and ineffective in their response to societal violence targeting the LGBTI community. Further, LGBTI persons often did not report violence committed or threatened against them, including assault or homicide, because they did not believe authorities would take their complaints seriously. LGBTI community members reported being evicted from their homes by landlords or by their own families. Familial rejection of LGBTI youth often caused them to become homeless and drop out of school. Members of the LGBTI community reported discrimination in access to health care.
In February a gay man was reportedly severely beaten by family members after presenting his long-term partner publicly at his birthday party. The next day, his uncle told him he would not let his homosexuality tarnish the family’s image and instructed relatives to beat or kill him. After his relatives beat the man, neighbors sheltered him and took him to a health center for treatment. He then took refuge in a church, but congregants demanded the pastor expel him. Information regarding authorities’ response to this incident was not readily available.
There were no credible reports of official discrimination based on HIV/AIDS status, and the government respected the confidentiality of individuals’ HIV/AIDS status. The government adhered to global standards of patient rights, and a statement of these rights was posted or available at health facilities. The law expressly condemns all forms of discrimination against persons with HIV and provides for their access to care and treatment. The law also prescribes punishment for refusal of care or discrimination based on HIV/AIDS status. Social stigma persists.
The Ministry of Health and Public Hygiene managed a program within the National AIDS Control Program to assist vulnerable populations at high risk of acquiring HIV/AIDS (including but not limited to men who have sex with men, commercial sex workers, persons who inject drugs, prisoners, and migrants). The Ministry of Women, Families, and Child Protection oversaw a program that directed educational, psychosocial, nutritional, and economic support to orphans and other vulnerable children, including those infected or affected by HIV.