Egypt

Executive Summary

According to its constitution, Egypt is a republic governed by an elected president and unicameral legislature. Presidential elections were held in March 2018. Challengers to the incumbent President Abdel Fattah al-Sisi pulled out ahead of the election, citing personal decisions, political pressure, legal troubles, and unfair competition; in some cases they were arrested for alleged violations of candidacy rules. Domestic and international organizations expressed concern that government limitations on association, assembly, and expression severely constrained broad participation in the political process. Domestic and international observers concluded that government authorities professionally administered parliamentary elections in 2015 in accordance with the country’s laws, while also expressing concern about restrictions on freedom of peaceful assembly, association, and expression and their negative effect on the political climate surrounding the elections.

The Interior Ministry supervises law enforcement and internal security, including the Public Police, the Central Security Force (CSF), the National Security Sector (NSS), and Customs and Immigration. The Public Police are responsible for law enforcement nationwide. The CSF protects infrastructure and is responsible for crowd control. The NSS is responsible for internal security threats and counterterrorism along with other Egyptian security services. The armed forces report to the minister of defense and are responsible for external defense, but they also have a mandate to “assist” police in protecting vital infrastructure during a state of emergency. Military personnel were granted full arrest authority in 2011 but normally only use this authority during states of emergency and “periods of significant turmoil.” Defense forces operate in the Sinai as part of a broader national counterterrorism operation with general detention authority. The Border Guard Forces, under the Ministry of Defense, are responsible for border control. Civilian authorities maintained effective control over the security forces.

In April the country held a national referendum that approved new constitutional amendments, which among other outcomes extended President Sisi’s current term from four years to six years and allowed the president to run for a third six-year term in 2024. Domestic and international press reported multiple violations of the elections law by the government in the referendum process, including arrests of opponents. The State Council blocked all legal challenges to the referendum and amendments.

President Sisi requested that parliament approve a nationwide state of emergency (SOE) after the 2017 terrorist attack on Coptic churches. Since then, the government has requested, and parliament has renewed, SOEs with one- or two-day gaps between every two SOE periods to meet the legal requirement that SOEs may only be renewed once. In North Sinai, a partial SOE has been in effect since 2014. The government regularly renews that SOE every three months and has imposed partial curfews on parts of North Sinai.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by the government or its agents and terrorist groups; forced disappearance; torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; the worst forms of restrictions on free expression, the press, and the internet, including arrests or prosecutions against journalists, censorship, site blocking, and the existence of unenforced criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive laws governing civil society organizations; restrictions on political participation; violence involving religious minorities; violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; use of the law to arbitrarily arrest and prosecute LGBTI persons; and forced or compulsory child labor.

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

Attacks by terrorist organizations caused arbitrary and unlawful deprivation of life. Terrorist groups conducted deadly attacks on government, civilian, and security targets throughout the country, including places of worship. Authorities investigated terrorist attacks and prosecuted alleged perpetrators. Terrorists and other armed groups abducted civilians in North Sinai, some of whom they beheaded. There were incidents of societal sectarian violence against Coptic Christian Egyptians.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but includes a clause stating, “It may be subject to limited censorship in times of war or public mobilization.” The government frequently did not respect this right.

Freedom of Expression: Citizens expressed their views on a wide range of political and social topics. Nonetheless, the government investigated and prosecuted critics for alleged incitement of violence, insults to religion, insults to public figures and institutions such as the judiciary and the military, or violation of public morals. Individuals also faced societal and official harassment for speech viewed as sympathetic to political protests in other countries, such as Mohamad Ramadan who remained in pretrial detention after his December 2018 arrest for “inciting social unrest” by posting a photo on Facebook of himself wearing a yellow vest akin to those worn by political protesters in France.

The law provides a broad definition of terrorism, to include “any act harming national unity or social peace.” Human rights observers expressed concern that authorities could use the ambiguous definition to stifle nonviolent speech and nonviolent opposition activity.

Between January and June, a local organization that tracks freedom of association and speech recorded 138 violations of the freedoms of media and artistic and digital expression. One example cited by The Association for Freedom of Thought and Expression (AFTE) is the June 25 arrest of several political figures after they met to form a new political alliance (Alliance of Hope) to run in 2020 parliamentary elections. On August 6, the Cairo Criminal Court upheld a freeze on the assets of 83 defendants in the case (no. 930/2019). On September 3, board members of the Journalists’ Syndicate, journalists, and families of the detainees submitted three official complaints to NCHR claiming that the detainees were experiencing poor detention conditions and medical negligence. The next hearing on the renewal of the detention of the defendants was scheduled for January 8, 2020.

On September 24, authorities arrested Hazem Hosni and Hassan Nafaa, both political science professors at Cairo University who were outspoken critics of President Sisi. Hosny was also a spokesman for the 2018 presidential campaign of Sami Anan (see section 3). According to media, Nafaa’s arrest came minutes after a local channel aired a leaked conversation between Nafaa and an al-Jazeera producer in which Nafaa demanded LE 16,500 ($1,000) for conducting an interview with al-Jazeera. On December 17, the State Security Prosecutor ordered the renewal of Hosni and Nafaa’s detention for 15 days pending investigations on charges of joining a banned group and spreading false news.

In a November 19 report, HRW claimed it had documented 28 cases from 2016 to 2019 in which authorities harassed or threatened one or more family members of journalists, media workers, and political and human rights activists who have criticized the government and now live abroad.

Press and Media, Including Online Media: Independent media were active and expressed a variety of views but with significant restrictions. Independent media reported that entities wholly or partially owned by the intelligence services assumed control of several independent media companies throughout the year. The constitution, penal code, and media and publications law govern media issues. The government regulated the licensing of newspapers and controlled the printing and distribution of a majority of newspapers, including private newspapers and those of opposition political parties. The law does not impose restrictions on newspaper ownership.

The more than 20 state-owned media outlets broadly supported official state policy. The National Press Authority holds the power to appoint and dismiss editorial leadership of state-owned print outlets. The governmental Egyptian Radio and Television Union appointed the heads of state-owned radio and television channels. Both state-owned and private media (including television and online journalism) occasionally broadcast and published mild criticism of government policies, but dominant media narratives supported the president and his policy initiatives.

The law considers websites and social media accounts with at least 5,000 subscribers as media outlets, requires them to pay a licensing fee of 50,000 Egyptian pounds (LE) ($3,030), and grants the Supreme Council for Media Regulation (SCMR) broad discretion to block their content. According to media reports, the SCMR fined the weekly newspaper al-Mashhad LE 50,000 ($3,030) in March and blocked its website for six months for allegedly publishing sexually explicit material. Al-Mashhad claimed it did not publish illicit material and that the censorship was due to its reports claiming that a police station in Cairo extorted business owners to fund food to be given to voters in the April referendum. According to media reports, the SCMR also prevented al-Mashhad from sending 30 journalists to report from polling stations during the referendum.

As of December the Committee to Protect Journalists reported there were 26 imprisoned journalists in the country.

On June 23, the al-Tahrir news agency stated it was shutting down operations after authorities blocked its website on May 9. According to a June 25 report by the Committee to Protect Journalists, the SCMR issued a bylaw in March stating that websites in violation of Egypt’s media laws would be blocked.

On November 24, unidentified security officials raided the office of news site Mada Masr, seized documents and electronic equipment, and detained three staff members. Detained staff members were taken to a police station before being released several hours later. On November 27, the Ministry of Foreign Affairs released a statement saying that Mada Masr was investigated because it was operating without a permit. No additional information was available on the status of the investigation as of December 16.

On May 21, a court ordered the release of al-Jazeera journalist Mahmoud Hussein, who had been held for 880 days in pretrial detention for allegedly disseminating false news and receiving monetary funds from foreign authorities to defame the state’s reputation. Before processing his release, authorities rearrested Hussein, who remained in pretrial detention awaiting formal charges.

Violence and Harassment: According to media reports and local and international human rights groups, state actors arrested and imprisoned, harassed, and intimidated journalists. Foreign correspondents reported cases where the government denied them entry, deported them, and delayed or denied issuance of media credentials; some claimed these actions were part of a government campaign to intimidate foreign media.

According to media reports, on February 20, authorities detained David Kirkpatrick, a New York Times reporter, in the Cairo International Airport and prevented him from entering the country. Kirkpatrick was the Cairo bureau chief for The New York Times from 2011 to 2015 and is the author of a book on Egypt, Into the Hands of the Soldiers.

Censorship or Content Restrictions: Official censorship occurred. The SOE empowered the president to monitor newspapers, publications, editorials, drawings, and all means of expression and to order the seizure, confiscation, and closure of publications and print houses.

According to media reports, authorities blocked 34,000 websites prior to the April referendum, including sites gathering signatures to oppose the amendments. On June 23, AFTE reported that authorities censored three issues of the leftist Al Tagammaa Party’s weekly Al Ahly newspaper that discussed presidential pardons, corruption, and a planned government cabinet reshuffle. The AFTE report noted the government had previously censored Al-Dostour, Al-Mesryoon, Sawt Al Ummah, Al-Sabah, and Al-Bawaba newspapers.

Some activists and many journalists reported privately they self-censored criticism of the government or comments that could be perceived as sympathetic to the MB, due to the overall anti-MB and progovernment media environment. Publishers were also wary of publishing books that criticized religious institutions, such as al-Azhar, or challenged Islamic doctrine.

On March 22, the Musicians’ Syndicate banned famous singer Sherine Abdel Wahab from performing and summoned her for questioning for “insulting Egypt.” The syndicate lifted the ban in early June after she publicly apologized.

Libel/Slander Laws: Local and international rights groups reported several cases of authorities charging and convicting individuals with denigrating religion under the so-called blasphemy law, targeting primarily Christians but also Muslims.

On January 29, atheist video blogger Sherif Gaber launched a crowdfunding page called “Help Me Escape Egypt” to aid him in purchasing another nationality. On March 29, he posted on Twitter that there were two warrants for his arrest for treason and receiving funding from unknown sources. Gaber was arrested for denigration of Islam-related charges in 2018, 2015, and 2013. As of December 16, the government had not detained him.

National Security: The law allows government censors to block the publication of information related to intelligence and national security.

The law imposes a fine on any person who “intentionally publishes…or spreads false news.” The fine is many times the average annual salary of most local journalists. In March 2018 authorities established hotlines for members of the public to call or leave text messages reporting fake news in either traditional or social media that endangers state security.

Judges may issue restraint orders to prevent media from covering court cases considered sensitive on national security grounds. Rights groups stated authorities sometimes misused the orders to shield government, police, or military officials from public scrutiny. Citing safety and security, the government and military restricted media access to many parts of North Sinai.

Authorities have held blogger Islam al-Refai, known as Khorm, who ran a satirical Twitter account with 75,000 followers, in pretrial detention since 2017, according to his attorney. NGOs continued to claim that authorities used counterterrorism and state-of-emergency laws and courts unjustly to prosecute journalists, activists, lawyers, political party members, university professors, and critics for their peaceful criticism.

The constitution protects the right to privacy, including on the internet. The constitution provides for the confidentiality and “inviolability” of postal, telegraphic, and electronic correspondence; telephone calls; and other means of communication. They may not be confiscated, revealed, or monitored except with a judicial order, only for a definite period, and only in cases defined by law. The constitution prohibits the government from “arbitrarily” interrupting, disconnecting, or depriving citizens seeking to use all forms of internet communications.

Despite legal protections, the government restricted and disrupted access to the internet and censored online content. There were credible reports the government monitored private online communications without appropriate legal authority including cyberattacks to gain access to devices and accounts belonging to critics of the government. Law enforcement agencies restricted or disrupted individuals’ access to the internet, and the government monitored social media accounts and internet usage, relying on a law that only allows targeted interception of communications under judicial oversight for a limited period and does not permit indiscriminate mass surveillance. The public prosecutor prosecuted individuals accused of posting “insulting” material.

The counterterrorism law criminalizes the use of the internet to “promote ideas or beliefs that call for terrorist acts” or to “broadcast what is intended to mislead security authorities or influence the course of justice in relation to any terrorist crime.” The law also authorizes the public prosecutor and investigators to monitor and record online communications among suspects in terrorism cases for a period of 30 days, renewable in 30-day increments. The law does not specify a maximum period.

The cybercrime law of August 2018 states, “the relevant investigating authority may, when the evidence indicates that a website is broadcasting phrases, numbers, pictures, videos, or any promotional material, that constitutes one of the crimes enshrined in this law, and poses a threat to national security or endangers the security or economy of the country, order the blocking of the website.” The government had not issued implementing regulations for the law as of September.

There were reports the government temporarily blocked access to internet messaging applications. On March 5, the Ministry of Communications and Information Technology denied reports that the government monitored social media sites. On March 14, there were reports that authorities blocked Facebook and other social media platforms.

The government attempted to disrupt the communications of terrorist groups operating in Sinai by cutting mobile services, internet, and sometimes landlines.

The law obliges internet service providers and mobile operators to allow government access to customer databases, allowing security forces to obtain information regarding activities of specific customers, which could lead to lack of online anonymity.

There were reports authorities monitored social media and internet dating sites to identify and arrest LGBTI individuals (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity).

A local news site reported in April that the government blocked its website and 500 more in Egypt. The blocked sites included international NGOs, local human rights NGOs, and numerous virtual private network services. Some blockages appeared intended to respond to critical coverage of the government or to disrupt antigovernment political activity or demonstrations. On April 15, NetBlocks.org reported that the government blocked 34,000 internet domains to stop an online campaign to gather signatures to oppose the April constitutional referendum. On May 22, a local organization that tracks freedom of association and speech reported the government blocked 26,175 websites to block the Batel “Void” Campaign launched on April 8 to petition against the April referendum. After September 20 street protests (see section 2.b.), internet users throughout the country reported difficulty accessing Facebook Messenger and the news websites of the BBC, al-Jazeera, and al-Hurra. A spokesperson for the Supreme Council for Media Regulation said the BBC and other news websites may have been blocked because of their “inaccurate” coverage of the protests.

In 2017 the news website Mada Masr sued the government seeking information on why it was blocked. In September 2018 the Court of Administrative Justice referred the case for technical review by the Justice Ministry’s Authority of Experts. This review was pending at year’s end. Defense lawyers claimed it could take years to examine the case.

There were reports of politically motivated cyberattacks. A March 6 report from AI documented a wave of digital attacks that likely originated from government-backed bodies, starting from early January and involving multiple attempts to gain access to the email accounts of prominent Egyptian human rights defenders, media, and civil society organization staff.

In October, The New York Times reported that a series of cyberattacks targeting journalists, opposition politicians, and human rights activists, in which attackers installed software on the targets’ phones that enabled them to read the victims’ files and emails and track their locations, was traced to the Ministry of Communications and Information Technology and that geographic coordinates embedded in one of the applications used to track the targeted individuals corresponded to the headquarters of the General Intelligence Service.

There were reports of government restrictions on academic freedom and cultural events. The removal of references to the country’s 2011 and 2013 revolutions from high school history class curricula continued after a 2017 decree from the Ministry of Education. According to media and local rights groups, a degree of self-censorship, similar to that reported by nonacademic commentators, existed when academics publicly commented on sensitive political and socioeconomic issues. Faculty members needed security agency approval to travel abroad for academic purposes. Faculty and officials at public universities and research centers also must obtain Ministry of Foreign Affairs permission to travel abroad for any reason.

On August 14, the Middle East Studies Association Committee on Academic Freedom requested the government to lift the travel ban on University of Washington doctoral student Walid Salem. Authorities arrested Salem in May 2018 while he was conducting political science dissertation research on the Egyptian judiciary and released him in December 2018 with a travel ban and probation pending trial.

According to a local human rights organization, authorities released Helwan University science professor Yehia al-Qazzaz from prison on May 23, following his 2018 arrest based on a complaint filed against him by the university’s dean of the faculty of sciences for comments al-Qazzaz made on Facebook critical of President Sisi. According to the organization, after al-Qazzaz’s release, the president of Helwan University continued to harass al-Qazzaz with investigations over his 2018 political comments and by referring him to university disciplinary procedures for being absent from work while he was in prison.

There was censorship of cultural events. A prime ministerial decree issued in June 2018 declares it unlawful to hold a special event or festival without “prior license from the Ministry of Culture and liaising with relevant state entities.” This requirement added to existing regulations, under which organizations must obtain a permit from the Ministry of Culture’s Censorship Board, as well as permits from the Ministry of Interior and the relevant artists’ union for concerts, performances, and other cultural events. The Ministry of Culture must approve all scripts and final productions of plays and films. The ministry censored foreign films to be shown in theaters but did not censor the same films sold as DVDs.

On May 26, after remaining in pretrial detention since his arrest in February 2018, authorities released film editor Ahmed Tarek on probationary measures pending trial. According to his lawyer, authorities held Tarek incommunicado at National State Sector headquarters three days. Tarek faced charges of spreading false news and joining a group established contrary to the provisions of the law. The charges stemmed from his work on a documentary, Minus 1,095 Days, which sought to rebut claims in a state-produced film highlighting President Sisi’s accomplishments called 1,095 Days.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

The constitution provides for freedom of assembly “according to notification regulated by law.” The demonstrations law includes an expansive list of prohibited activities, giving a judge the authority to prohibit or curtail planned demonstrations after submitting an official memorandum. Domestic and international human rights organizations asserted the law did not meet international standards regarding freedom of assembly. In 2017 a local human rights organization filed a lawsuit challenging the 1914 law, arguing that it was passed by an incompetent body and repealed in 1929. The court was expected to issue a ruling in the case on January 4, 2020. In 2017 the government imposed an exclusion zone of 2,600 feet (790 meters) around vital governmental institutions in which protests are prohibited.

There were protests throughout the year, mostly small, and some occurred without government interference. In most cases the government rigorously enforced the law restricting demonstrations, in some cases using force, including in cases of small groups of protesters demonstrating peacefully.

In September local NGOs reported police arrested more than 4,000 individuals after small protests erupted in several cities over accusations of corruption against President Sisi. Many of the individuals detained reportedly had no connection to the protests and happened simply to be in the vicinity of the protests. Police and prosecutors subsequently released more than 2,500 of those detained. Local human rights organizations claimed that, in some instances, detainees were tortured or subjected to other abuses.

The cumulative number of persons arrested under the protest law was not publicly available. On May 13, authorities arrested political activist Haytham Mohamadeen, who police had surveilled since his October 2018 release following five months in pretrial detention. On May 14, authorities arrested political activist Mostafa Maher, the brother of political activist Ahmed Maher, who co-founded the April 6 movement. On December 25, Mostafa Maher received a release order that was immediately appealed by the prosecutor. Both remained in pretrial detention pending charges of “colluding with a terrorist group.”

On April 22, the final day of voting for the referendum, authorities arrested Ahmed Badawi, an engineer and member of the liberal Dostour Party, after he raised a sign saying “No to the constitutional changes” outside a polling station in Cairo. According to local media, authorities arrested four members of the Dostour Party in February after they reportedly voiced objection to the proposed constitutional amendments.

According to a local human rights organization, thousands of persons whom authorities arrested during 2013 and 2014 due to their participation in demonstrations (some of which were peaceful) remained imprisoned; however, authorities released others who had completed their sentences and some through presidential pardons. Authorities reportedly held such individuals under charges of attending an unauthorized protest, incitement to violence, or “blocking roads.”

Human rights groups claimed authorities inflated or used these charges solely to target individuals suspected of being members of groups in opposition to the government or those who sought to exercise the rights to free assembly or association.

On March 29, authorities conditionally released prominent activist Alaa Abdel Fattah, whom a court convicted of participating in a protest in 2013. The conditions of a Court of Cassation sentence in 2017 require Abdel Fattah to report to the Dokki police station from 6 p.m. to 6 a.m. each day for the next five years, but he may report at 7:30 p.m. during Ramadan. Abdel Fattah was appealing the nightly sentence and requesting that he be allowed to fulfill its terms from home. On September 29, police detained Abdel Fattah as he prepared to leave after spending the night in the police station and charged him with belonging to a terrorist organization, funding a terrorist group, spreading false news to undermine national security, and using social media to commit a publishing offense. Local NGOs reported he was tortured or subjected to other abuses while in custody in Tora Prison. As of year’s end, Abdel Fattah, along with his attorney Mohamed Elbakr, remained in detention on charges of “joining a banned group” and “spreading false news.”

Since their release from prison in 2017 after completing three-year sentences for violating the protest law, activists Ahmed Maher and Mohamed Adel remained on probation with terms requiring them to reside in the local police station from 6 p.m. to 6 a.m. each day. In May authorities rearrested Maher and released him a few days later on charges of beating a citizen and damaging his car outside a police station. Authorities also rearrested Adel in another case. On December 16, an administrative court ruled that the order to compel Adel to spend every night inside a police station as part of his probation was invalid. The court ruled that Adel could spend the daily probationary period from 6 p.m. until 6 a.m. inside his home, according to a lawyer.

On May 21, authorities arrested several high school boys who protested in front of the Ministry of Education building regarding the repeated failures of new electronic systems in their schools; they were released the following day.

The constitution provides for freedom of association. The law governing associations, however, significantly restricts this right.

President Sisi signed a new NGO law on August 19. The law replaced a 2017 law which local and international NGOs stated could make it impossible for them to operate independently; the 2017 law was never implemented. According to International Center for Not-Profit Law (ICNL), the new law includes noteworthy improvements from the 2017 law in several respects, such as by eliminating individual prison sentences for violations and by removing the previous formal oversight role for security and intelligence authorities over foreign funding and foreign organizations. However, ICNL also assessed that the new law preserves the former law’s overall restrictive regulatory approach and continues to impose significant barriers to civil society activity.

Pending the promulgation of implementing regulations for the new law, the Ministry of Social Solidarity continued to apply the previous NGO law on international and domestic organizations receiving international funding. Rights groups reported fewer incidents of security services ordering cancellation of planned training programs or other events. On February 2, the Supreme Constitutional Court ruled unconstitutional several articles of the previous NGO law, which gives the minister of social solidarity the right to dissolve NGOs.

The penal code criminalizes the request for or acceptance of foreign funds, materiel, weapons, ammunition, or “other things” from states or NGOs “with the intent to harm the national interest.” Those convicted may be sentenced to life in prison (or the death penalty in the case of public officials) for crimes committed during times of war or with “terrorist purpose.”

On October 16, a local NGO announced that authorities arrested lawyer Amr Emam after he announced on October 14 that he intended to go on a hunger strike and begin a sit-in to protest the arrests and alleged abuse of journalist Esraa Abdel Fattah, activist Alaa Abdel Fattah, and his attorney Mohamed Elbakr. As of year’s end, Emam remained in detention pending investigations in case no. 488 of 2019 on charges of “colluding with a terrorist organization,” “publishing fake news,” and “misusing social media to spread false information.”

On May 2, Cairo Criminal Court renewed the pretrial detention of Ibrahim Metwally Hegazy, founder of the Association of the Families of the Disappeared. Authorities arrested him in 2017 at the Cairo International Airport and initially held him incommunicado. Hegazy was traveling to Geneva to participate in the WGEID. The charges against him included “communicating with a foreign body to harm the Egyptian national interest.” On May 20, the WGEID stated that it “remains concerned” that the measures against Hegazy “constitute acts of reprisals against him for cooperating with the Working Group.” On October 15, the Cairo Criminal Court ordered Hegazy’s release. On November 5, Hegazy appeared in front of the State Security Prosecution accused in a new case of “belonging to a terrorist group” and “funding a terrorist group.” On November 20, UN human rights rapporteurs criticized Hegazy’s continued detention.

Following the December 2018 acquittal of 41 mostly foreign NGO workers sentenced in 2013 for operating unlicensed organizations and receiving foreign funding without government permission, a court acquitted the remaining two defendants in May.

The MB, the MB-affiliated Freedom and Justice Party, and its NGO remained illegal, and the MB was listed as a designated terrorist organization.

Authorities continued investigations of local NGOs that received foreign funding under a case originally brought in 2011. The Cairo Criminal Court postponed until February 15, 2020, a motion to lift the travel bans imposed on eight defendants in the case, including Nazra for Feminist Studies founder Mozn Hassan, accused of receiving foreign funding to harm national security in connection with her NGO.

A court case brought by el-Nadeem Center for the Rehabilitation of Victims of Violence (also registered under the name el-Nadeem for Psychological Rehabilitation) challenging a 2016 closure order remained pending an expert report ordered by the court. The organization asserted the closure was politically motivated, targeting el-Nadeem because of its work investigating torture, deaths in detention, and impunity for these crimes. The organization continued to operate in a limited capacity.

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, and the government generally respected these rights, albeit with some exceptions, including the handling of potential refugees and asylum seekers. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. Authorities maintained a “no-fly” list that prevented some defendants in court cases from fleeing the country.

In-country Movement: Citizens and foreigners may not travel freely in areas of the country designated as military zones. The government sought to prevent private individuals, journalists, civil society figures, and international organizations from entering North Sinai, stating it was to protect their safety, although it began organizing some supervised visits for journalists to North Sinai in July.

Foreign Travel: The constitution states, “No citizen may be prevented from leaving the State territory.”

Nonetheless, men who have not completed compulsory military service and have not obtained an exemption may not travel abroad or emigrate. National identification cards indicated completion of military service.

Authorities required citizens between ages 18 and 40 to obtain permission from the Interior Ministry to travel to 16 countries: Georgia, Guinea, Indonesia, Iraq, Jordan, Lebanon, Libya, Malaysia, Qatar, South Africa, South Korea, Sudan, Syria, Thailand, Turkey, , and Yemen. Enforcement of these regulations was sporadic. The government stated it intended these regulations to make it more difficult for citizens to join terrorist groups and to stop flight of criminals. These regulations also affected the ability of other individuals to travel outside the country.

The government-imposed travel bans on human rights defenders and political activists under investigation or formally charged. Local human rights groups maintained that authorities used travel bans to intimidate and silence human rights defenders, including individuals connected with NGOs facing investigation as part of the reopened NGO foreign-funding case. A September 2018 court ruling stated a travel ban “does not require the investigation of certain facts and their certainty,” but there must be “serious evidence that there are reasons for it and that the decision to prevent travel is due to security reasons and the interests of the state.”

Democracy activist Esraa Abdel Fattah remained unable to depart the country as a result of a travel ban (see section 1.c. regarding her arrest).

Exile: There was no government-imposed exile, and the constitution prohibits the government from expelling citizens or banning citizens from returning to the country. Some Mubarak- and Morsi-era politicians lived outside the country by choice and stated they faced government threats of prosecution.

Not Applicable.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: From April to June, 413 incidents of sexual and gender-based violence (SGBV) were reported to UNHCR and CARE International, which provided SGBV prevention activities and counseling to 1,750 refugee and asylum seekers.

Media, NGOs, and UNHCR staff reported multiple cases of attacks against refugees, particularly women and children. According to UNHCR, refugees sometimes reported harassment, sexual harassment, and discrimination. Refugee women and girls, particularly sub-Saharan Africans, faced the greatest risk of societal, sexual, and gender-based violence.

According to UNHCR and press reports, police security sweeps increased in neighborhoods known to house Syrian, Sudanese, and other African refugees, as well as migrants, resulting in increased detentions. Detainees reported authorities subjected them to verbal abuse and poor detention conditions.

Refoulement: Although the government often contacted UNHCR upon detaining unregistered migrants and asylum seekers, authorities reportedly sometimes encouraged unregistered detainees to choose to return to their countries of origin or a neighboring country to avoid continued detention, even in cases where the individuals expressed a fear of return. The number of these cases was unknown.

Compared with previous years, fewer Palestinian refugees from Syria entered the country illegally, intending to travel to Europe. In a number of cases, in the absence of valid travel documents or inability to confirm their identities they faced more difficulties, including higher chances of detention or deportation.

Access to Asylum: The constitution provides for the protection of political refugees, but the laws do not provide for granting asylum or refugee status, and the government has not established a comprehensive legal regime for providing protection to refugees. The government granted UNHCR authority to make refugee status determinations. UNHCR does not register Libyan citizens; neither does it register or assist Palestinian refugees in the country.

According to UNHCR as of June 30, asylum seekers in the country came mainly from Syria, as well as from Eritrea, Ethiopia, South Sudan, Sudan, and Yemen. The number of African refugees increased during the year, according to UNHCR, particularly those from Eritrea, Ethiopia, and Sudan.

Since 2013 the government has applied a system of visa and security clearance requirements for Syrian nationals and Palestinian refugees from Syria, thus assuring no direct entries from Syria since Egypt lacked consular services there. Following the UNHCR high commissioner’s visit in 2017, the country relaxed its visa requirements for Syrians seeking family reunification.

Reports of irregular movements of individuals, including asylum seekers, and detention of foreign nationals attempting to depart the country irregularly via the Mediterranean remained low during the year, according to UNHCR, following parliament’s passage and enforcement of a law that dramatically increased patrols on the country’s Mediterranean coast in 2016.

UNHCR and its partners usually had regular access, by request, to detained registered refugees and asylum seekers along the north coast. Local rights groups faced continued resistance from the government when trying to interview detainees at Qanater men’s and women’s prisons outside Cairo, which housed the majority of detained refugees and asylum seekers. Authorities generally granted UNHCR access to asylum seekers at all prison and detention facilities. Authorities generally released asylum seekers registered with UNHCR, although frequently did not do so for detained migrants, many of whom were Eritrean, Ethiopian, Somali, and Sudanese (who may have had a basis for asylum claims). Detained migrants–as unregistered asylum seekers–did not have access to UNHCR. Authorities often held them in in police stations until UNHCR or other aid agencies assisted them, although sometimes authorities sent them to regular prisons alongside convicted criminals or deported them.

The government has never recognized UNHCR’s mandate to offer services to Palestinians outside of the fields of operations of the UN Relief and Works Agency, reportedly due to a belief that allowing UNHCR registration would negate Palestinian refugees’ alleged right of return. Approximately 2,900 Palestinian refugees from Syria were also present in the country, the majority reportedly in Cairo. The Palestinian Authority mission in the country provided limited assistance to this population. The Swiss Red Cross also provided some humanitarian assistance to Palestinian refugees from Syria.

Employment: No law grants or prohibits refugees the right to work. Those seeking unauthorized employment were challenged by lack of jobs and societal discrimination, particularly against sub-Saharan Africans. Refugees who found work took low-paying jobs in the informal market, such as domestic servants, and were vulnerable to financial and sexual exploitation by employers.

Access to Basic Services: Refugees, in particular non-Arabic-speaking refugees from sub-Saharan Africa, received limited access to some services, including health care and public education. According to UNHCR, refugees can fully access public-health services, although many did not have the resources to do so, and prices were often higher for refugees due to discrimination. The Interior Ministry restricted access for some international organizations seeking to assist migrants and refugees in Sinai. UNHCR was unaware of any migrants detained in Sinai since 2016. UNHCR provided some refugees with modest support for education and health care, as well as small monthly financial assistance grants for particularly vulnerable refugees. The International Organization for Migration provided additional assistance to particularly vulnerable migrants and individual asylum cases either rejected or being processed by UNHCR.

Refugee children not enrolled in public schools mainly attended refugee-run schools, private schools, or were home schooled. The law requires government hospitals to provide free emergency medical care to refugees, but many hospitals did not have adequate resources to do so. In some cases hospitals insisted that refugees provide payment in advance of receiving services or refused to provide services to refugees. One local refugee agency reported some refugees died due to the lack of medical care. As of March 19, UNHCR reported 10 protests and two suicides committed by refugees in response to the lack of adequate services. In response to the influx of Syrians, the government allowed Syrian refugees and asylum seekers access to public education and health services. The Ministry of Education estimated that 35,000 school-age Syrian children (approximately 90 percent) enrolled successfully in the public-school system.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Constraints on freedom of expression, association, and assembly, however, limited citizens’ ability to do so.

Recent Elections: The country held a presidential election in March 2018 resulting in the re-election of President Sisi with 92 percent of the vote. President Sisi’s sole opponent, Moussa Moustapha Moussa, received 3 percent of the vote, less than the number of spoiled ballots. Moussa registered his candidacy on January 29, the last possible day to register, and until the day before he registered his candidacy, he was a member of a campaign supporting President Sisi for a second term. Prior to the elections, authorities arrested some potential candidates for allegedly violating military prohibitions for public office and reportedly pressured others against running in the elections; some candidates remained in detention as do journalists arrested based on their coverage of the elections. Authorities were still holding chief editor of the now-blocked Masr al-Arabiya news site Adel Sabri, satirist Shady Abu Zeid, and former Constitution Party leader Shady al-Ghazaly Harb in pretrial detention. Authorities arrested them with other bloggers, researchers, and students between February 4 and May 23, 2018, in cases no. 621/2018 and 441/2018 on charges including spreading false news and joining a banned group. According to Front Line Defenders, authorities arrested Sabri in April 2018 after Masr al-Arabiya published a translation of a New York Times article that claimed authorities gave bribes to citizens to vote during the presidential elections. According to local media, authorities arrested Harb in May 2018 after he made statements about the presidential elections. Domestic and international organizations expressed concern that government limitations on association, assembly, and expression severely constrained broad participation in the political process.

International news media alleged that, in some instances, voters were paid to vote. The Supreme Media Regulatory Council fined some news outlets publishing critical coverage of the presidential election and also referred several journalists to the Journalists Syndicate for investigation (see section 2.a.).

Parliamentary elections were held in 2015. Domestic and international observers concluded that government authorities professionally administered these elections, while also expressing concern about restrictions on freedom of peaceful assembly, association, and expression and their negative effect on the political climate surrounding the elections.

In April a national referendum approved constitutional amendments extending President Sisi’s current term from four years to six years (ending in 2024) and allowing the president to run for a third six-year term in 2024. The amendments expand the role of the armed forces to include “safeguarding the constitution and democracy” and the role of the president to include appointing the heads of judicial bodies and chairing the Supreme Council for Judicial Bodies and Entities. They also limit the State Council’s authority to review laws. The amendments also add a second chamber (Senate) to the parliament and allow the president to appoint one or more vice presidents.

Multiple domestic and international organizations and press reported interference by the government in the referendum process: arrests of independent and partisan individuals who opposed the constitutional amendments publicly on social media accounts; distribution of food packages and cash as incentives to vote yes; a large presence of banners and media promoting the amendments and a lack of opposition banners and media; a government ban on websites opposing the amendments, including those gathering “no vote” signatures; the lack in some polling stations of a list of the proposed amendments; progovernment supporters to mobilize near and in polling stations; and allowing out-of-district voters to vote in all polling stations, which allowed for the possibility of casting multiple votes.

Political Parties and Political Participation: The constitution grants citizens the ability to form, register, and operate political parties. The law requires new parties to have a minimum of 5,000 members from each of at least 10 governorates. The constitution also states, “No political activity may be practiced and no political parties may be formed on the basis of religion or discrimination based on gender, origin, or sectarian basis or geographic location. No activity that is hostile to democratic principles, secretive, or of military or quasi-military nature may be practiced. Political parties may not be dissolved except by virtue of a court judgment.”

The Freedom and Justice Party, the political wing of the MB, remained banned. Authorities did not ban other Islamist parties, including the Strong Egypt Party and the Building and Development Party. Separate military courts sentenced former chief of staff of the armed forces Sami Anan to six years in prison for violating military discipline by announcing his intention to run for president in 2018 and to four years in prison for forgery. On December 22, Anan was released from detention by military prosecution order.

Participation of Women and Minorities: No laws limit participation of women or, members of minorities in the political process, and they did participate. Social and cultural barriers, however, limited women’s political participation and leadership in most political parties and some government institutions. Voters elected a record number of 75 women, 36 Christians, and nine persons with disabilities to parliament during the 2015 parliamentary elections, a substantial increase compared with the 2012 parliament. The House of Representatives law outlines the criteria for the electoral lists, which provides that the House of Representatives must include at least 56 women, 24 Christians, and nine persons with disabilities. The April constitutional amendments introduced a 25 percent quota in the House of Representatives for women and a requirement to better represent workers, farmers, youth, Christians, Egyptians abroad, and individuals with disabilities. In 2015 the president appointed 28 additional members of parliament, including 14 women and two Christians. The House of Representatives law grants the president the authority to appoint House of Representatives members, not to surpass 5 percent of the total number of elected members. If the president opts to use this authority, one-half of his appointments must be women, according to the law. Parliament included 89 women and 38 Christians.

Eight women led cabinet ministries. There were two Christians among the appointed governors of the 27 governorates. In 2018 authorities appointed Manal Awad Michael, a Coptic woman, governor of Damietta, making her the country’s second female governor. No women were on the Supreme Constitutional Court. In 2018 the Supreme Judiciary Council promoted 16 female judges to higher courts, including the Qena Appeals Court. Legal experts stated there were approximately 66 female judges serving in family, criminal, economic, appeals, and misdemeanor courts; that total was less than 1 percent of judges. Several senior judges were Christian.

On November 6, member of parliament Ahmed Tantawi told press that parliament has referred him to an ethics committee for posting a video criticizing President Sisi.

Of the eight stateless persons known to UNHCR, most were Armenians displaced for more than 50 years. According to a local civil society organization, the number of stateless persons in the country was likely higher than the number recorded by UNHCR. The government and UNHCR lacked a mechanism for identifying stateless persons, including those of disputed Sudanese/South Sudanese nationality and those of disputed Ethiopian/Eritrean nationality. A majority of the approximately 70,000 Palestinian refugees were stateless.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not consistently implement the law effectively, and officials sometimes engaged in corrupt practices with impunity.

Corruption: The Central Agency for Auditing and Accounting was the government’s internal anticorruption body and submitted reports to the president and prime minister that were not available to the public. The auditing and accounting agency stationed monitors at state-owned companies to report corrupt practices. The Administrative Control Authority (ACA), another state institution with technical, financial, and administrative independence, had jurisdiction over state administrative bodies, state-owned enterprises, public associations and institutions, private companies undertaking public work, and organizations to which the state contributes in any form. The ACA is a civilian agency led by personnel seconded from the military and intelligence services. The ACA has no oversight role for allegations of corruption involving the military. In addition to anticorruption, it also has jurisdiction for criminal violations to include human trafficking and financial crimes.

On April 3, the World Bank offered a positive assessment of the country’s anticorruption efforts. The ACA raised more than 400 corruption-related cases and took legal action against more than 1,400 employees January to August. For example, on August 20, the ACA arrested the secretary general of the SCMR, Ahmed Selim, for bribery and corruption.

In another case, on September 15, the Illicit Gains Authority referred Souad al-Khouli, the former deputy governor of Alexandria, to the criminal court based on charges of illegally obtaining more than LE 907,500 ($55,000) by exploiting her public positions. On April 4, the Port Said Felonies court sentenced Gamal Abdel Azim, the former head of the Customs Authority, to 10 years in prison and a fine of LE 769,000 ($46,600) on charges of corruption and bribery. A February report by the Project on Middle East Democracy criticized the lack of transparency in ACA investigations and alleged the organization may selectively target individuals for investigation at the behest of the Presidency.

In August Mohamed Ali, a disgruntled former contractor whose contracting company formerly carried out civilian projects for the army, posted a series of videos accusing President Sisi of wasting public funds on prestige projects. President Sisi stated the allegations were “lies and slander” and that the projects were necessary to build a new state.

Financial Disclosure: There are no financial disclosure laws for public officials. A 2013 conflict-of-interest law forbids government officials from maintaining any pecuniary interest in matters over which they exercise authority.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

International and local human rights organizations stated the government continued to be uncooperative. On April 16, the local development minister said the government had established human rights units in 25 governorates and planned to establish units in Cairo and North Sinai as well. Government officials publicly asserted they shared the civil society organizations’ goals, but they rarely cooperated with or responded to the organizations’ inquiries, according to local NGOs. Some units were in the formative stage, staffed by personnel from the governor’s complaints office who receive basic human rights training. The cabinet established a committee on human rights chaired by the minister of foreign affairs to prepare UN reports and respond to human rights allegations raised against the country. Domestic civil society organizations criticized the government’s consultations with civil society as insufficient.

Extended delays in gaining government approvals and an unclear legal environment continued to limit the ability of domestic and international NGOs to operate. State-owned and independent media frequently depicted NGOs, particularly international NGOs and domestic NGOs that received funding from international sources, as undertaking subversive activities. Some NGOs reported receiving visits or calls to staff, both at work and at home, from security service officers and tax officials monitoring their activities, as well as societal harassment.

Human rights defenders and political activists were also subjected to governmental and societal harassment and intimidation, including through travel bans (see section 2.d.). On October 31, the Arabic Network for Human Rights Information released a statement saying that security forces vandalized the car of a lawyer working for the organization and that several days prior security forces had physically beaten the organization’s director and stolen his car.

Well-established, independent domestic human rights NGOs struggled to operate amid increasing pressure from security forces throughout the country. Online censorship (see section 2.a.) diminished the roles of internet activists and bloggers in publicizing information concerning human rights abuses. Authorities sometimes allowed civil society organizations not registered as NGOs to operate, but such organizations often reported harassment, along with threats of government interference, investigation, asset freezes, or closure.

The government continued investigations into the receipt of foreign funding by several human rights organizations (see section 2.b.).

Major international human rights organizations, such as HRW and AI, have not had offices in the country since closing them in 2014 due to “concerns about the deteriorating security and political environment in the country.”

The United Nations or Other International Bodies: In October 2018 the UN special rapporteur on the right to adequate housing visited the country, the first rapporteur to visit since 2010. In a December 2018 statement, the rapporteur claimed that individuals she met during her trip faced retaliation in the form of forced evictions, housing demolitions, arbitrary arrest, intimidation, and other reprisals.

Nine other UN special rapporteurs had pending visit requests; the Ministry of Foreign Affairs stated it was committed to facilitating their visits by the end of 2019. Authorities did not allow the International Committee of the Red Cross access to prisoners and detainees. The Interior Ministry provided some international organizations informal access to some detention centers where authorities detained asylum seekers, refugees, and migrants to provide humanitarian assistance (see section 2.d.).

Following backlash from domestic and international human rights organizations, the United Nations postponed plans for an international conference on torture in Cairo in September.

Government Human Rights Bodies: The quasi-governmental NCHR monitored government abuses of human rights submitted in the form of citizen complaints to the government. The NCHR continues to function with its existing membership, even though under the law the terms of existing NCHR members ended in 2016. A number of well-known human rights activists served on the organization’s board, although some observers alleged the board’s effectiveness was sometimes limited because it lacked sufficient resources and the government rarely acted on its findings. The council at times challenged and criticized government policies and practices, calling for steps to improve its human rights record. In early October the NCHR criticized police procedures during the September arrests of citizens, including not informing arrestees of the charges against them and forcing citizens to display the contents of their mobile phones. In response the Interior Ministry stated that all arrests were legal. The NCHR also held a conference in September to discuss the NGO law and Egypt’s preparations for the Universal Periodic Review with local human rights organizations, and in October to discuss torture.

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

Rape and Domestic Violence: The law criminalizes rape, prescribing penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal. The government did not effectively enforce the law. Civil society organizations reported police pressure not to pursue charges.

In July police arrested a 15-year-old girl who confessed that she had killed a bus driver who she alleged had kidnapped her in a deserted rural area near Cairo and sought to sexually assault her at knife point. The case was pending pretrial detention as of October 2. On November 12, the prosecutor general said in a statement that there were no grounds to prosecute her.

Domestic violence was a significant problem. The law does not prohibit domestic violence or spousal abuse, but authorities may apply provisions relating to assault with accompanying penalties. The law requires that an assault victim produce multiple eyewitnesses, a difficult condition for domestic abuse victims. Police often treated domestic violence as a social rather than criminal matter.

The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The NCW, a quasi-governmental body, was responsible for coordinating government and civil society efforts to empower women. In 2015 the NCW launched a five-year National Strategy to Combat Violence Against Women with four strategic objectives: Prevention, protection, intervention, and prosecution. An NCW study found that approximately 1.5 million women reported domestic violence each year.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but it remained a serious problem. According to international and local observers, the government did not effectively enforce the FGM/C law. In May the government formed a national task force to end FGM/C, led by the NCW and the National Council for Childhood and Motherhood (NCCM). The latest research conducted by the National Population Council shows that the number of girls ages 13-17 subjected to the procedure dropped to 72 percent in 2018.

In July the “Protecting Her from FGM” campaign was launched by the National Commission for the Elimination of Female Genital Mutilation and included a door-to-door campaign in all governorates to raise awareness among local communities about the harmful effects of FGM/C, in cooperation with the committees of child protection and rural leaders.

In July Dar al-Iftaa, responsible for issuing Islamic fatwas, said that female circumcision in its current form in Egypt is considered an attack on the body of women and therefore is prohibited and not permissible under Islamic law.

A 2016 amendment to the law designated FGM/C a felony, as opposed to a misdemeanor as it was previously, and assigned penalties for conviction of five to seven years’ imprisonment for practitioners who perform the procedure or 15 years if the practice led to death or “permanent deformity.” The law granted exceptions in cases of “medical necessity,” which rights groups and subject matter experts identified as a problematic loophole that allowed the practice to continue.

Other Harmful Traditional Practices: The law does not specifically address “honor” crimes, which authorities treated as any other crime. There were no reliable statistics regarding the incidence of killings and assaults motivated by “honor,” but local observers stated such killings occurred, particularly in rural areas. Local media occasionally reported on incidents where fathers or brothers killed their daughters and sisters in alleged “honor killings” after they discovered they had premarital or extramarital relationships, especially in Upper Egypt.

Sexual Harassment: Sexual harassment remained a serious problem. The government claimed it prioritized efforts to address sexual harassment. The penal code defines sexual harassment as a crime, with penalties including fines and sentences of six months’ to five years’ imprisonment if convicted. Media and NGOs reported sexual harassment by police was also a problem, and the potential for further harassment further discouraged women from filing complaints.

A criminal court sentenced a man to 10 years in prison in March for cyber sexual harassment, after hacking a social media account of a university female student and using her personal photos to create fake accounts to send obscene messages.

The state-affiliated Egyptian Football Association’s decision to overturn its initial decision to expel national soccer team player Amr Warda from the country’s Africa Cup of Nations squad for online sexual harassment of several women sparked anger among women activists and local NGOs. In July the Disciplinary Board at Cairo University dismissed Professor Yaseen Lasheen following allegations of sexual harassment and blackmail of a female student. Cairo University president Mohamed al-Khosht referred Lasheen to the Public Prosecution on allegations of sexual harassment and blackmail dating back to 2017.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution provides for equal rights for male and female citizens. Women did not enjoy the same legal rights and opportunities as men, and discrimination was widespread. Aspects of the law and traditional societal practices disadvantaged women in family, social, and economic life.

Women faced widespread societal discrimination, threats to their physical security, and workplace bias in favor of men that hindered their social and economic advancement.

Laws affecting marriage and personal status generally corresponded to an individual’s religious group. A female Muslim citizen cannot legally marry a non-Muslim man. If she were to do so, authorities could charge her with adultery and consider her children illegitimate. Under the government’s interpretation of Islamic law, any children from such a marriage could be placed in the custody of a male Muslim guardian. Khula divorce allows a Muslim woman to obtain a divorce without her husband’s consent, provided she forgoes all her financial rights, including alimony, dowry, and other benefits. The Coptic Orthodox Church permits divorce only in rare circumstances, such as adultery or conversion of one spouse to another religion. Other Christian churches sometimes permitted divorce on a case-by-case basis.

The law follows sharia in matters of inheritance; therefore, a Muslim female heir generally receives one-half the amount of a male heir’s inheritance, and Christian widows of Muslims have no inheritance rights. A sole Muslim female heir receives one-half her parents’ estate, and the balance goes to the siblings of the parents or the children of the siblings if the siblings are deceased. A sole male heir inherits his parents’ entire estate.

On November 26, a court ruled that Huda Nasrallah, a Coptic woman, was entitled to a share of her father’s estate equal to those of her brothers. Nasrallah had challenged a lower court ruling that granted each of her brothers double her share. Nasrallah’s appeal reportedly cited Article 245 of the Orthodox personal status bylaws, issued in 1938, which grants Coptic Christian women equal inheritance to men, and argued that sharia does not apply to her as a Copt.

In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually the woman accomplishes credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise.

Labor laws provide for equal rates of pay for equal work for men and women in the public but not the private sector. Educated women had employment opportunities, but social pressure against women pursuing a career was strong. Large sectors of the economy controlled by the military excluded women from high-level positions.

Birth Registration: Children derive citizenship through their parents. The mother or the father transmits citizenship and nationality. The government attempted to register all births soon after birth, but some citizens in remote and tribal areas such as the Sinai Peninsula resisted registration or could not document their citizenship. In some cases failure to register resulted in denial of public services, particularly in urban areas where most services required presentation of a national identification card.

Education: Education is compulsory, free, and universal until the ninth grade. The law provides this benefit to stateless persons and refugees. Public schools enrolled Syrian refugees, but they largely excluded refugees of other nationalities.

Child Abuse: The constitution stipulates the government shall protect children from all forms of violence, abuse, mistreatment, and commercial and sexual exploitation. According to a local rights group, authorities recorded hundreds of cases of alleged child abuse each month. The quasi-governmental NCCM works on child abuse issues, and several civil society organizations assisted runaway and abandoned children.

Rights organizations reported children faced mistreatment in detention, including torture, sharing cells with adults, denial of their right to counsel, and authorities’ failure to notify their families. In a November 2018 report, AI alleged it had documented six instances of torture and 12 instances of enforced disappearances involving children since 2015. The State Information Service released a response denying the report.

Early and Forced Marriage: The legal age of marriage is 18. On September 3, the NCCM announced it had received 432 complaints about child marriage cases on its hotline from 18 governorates since the beginning of the year. Families reportedly sometimes forced adolescent girls to marry wealthy foreign men in what were known locally as “tourism” or “summer” marriages for the purpose of sexual exploitation, prostitution, or forced labor. According to the law, a foreign man who wants to marry an Egyptian woman more than 25 years younger than he is must pay a fine of LE 50,000 ($3,030). Women’s rights organizations argued that allowing foreign men to pay a fine to marry much younger women represented a form of trafficking and encouraged child marriage. They called on the government to eliminate the system altogether. The Antitrafficking Unit at the NCCM is responsible for raising awareness of the problem.

Sexual Exploitation of Children: The law provides for sentences of not less than five years’ imprisonment and fines of up to LE 200,000 ($12,120) for conviction of commercial sexual exploitation of children and child pornography. The government did not adequately enforce the law. The minimum age for consensual sex is age 18.

Displaced Children: The Central Agency for Public Mobilization and Statistics and the NCCM estimated the number of street children to be 16,000, while civil society organizations estimated the number to be in the millions. The ministry offered shelters to street children, but many chose not to use them because staff treated the children as if they were criminals, according to local rights groups. According to rights groups, the incidence of violence, prostitution, and drug dealing in these shelters was high. Religious institutions and NGOs provided services for street children, including meals, clothing, and literacy classes. The Ministry of Health and Population provided mobile health clinics staffed by nurses and social workers. The Ministry of Social Solidarity also provided 17 mobile units in 10 governorates, offering emergency services, including food and health care, to street children.

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 reportedly numbered fewer than eight individuals. There were a few reports of imams, who are appointed and paid by the government, using anti-Semitic rhetoric in their sermons.

Journalists and academics made statements on state-owned television endorsing conspiracy theories about Jewish domination of world media and economy. Responding to a play by Ain Shams University in Cairo that portrayed the Holocaust, a political science professor at Cairo University said it promotes “Israeli myths.”

In May Egyptian-born Canadian actor Mena Massoud received heavy criticism in the press and on various social media platforms over his interview with a prominent Israeli newspaper website.

In August media commentators and local anti-Zionist organizations strongly criticized a theater performance on the Holocaust performed by university students in the National Theater Festival, accusing members of the cast of glorifying Zionism and insulting Muslims.

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

The constitution states persons with disabilities are equal without discrimination before the law. The law prohibits discrimination in education, employment, health, political activity, rehabilitation, training, and legal protection.

The law provides for persons with disabilities to gain access to vocational training and employment. Government policy sets a quota for employing persons with disabilities of 5 percent of workers with disabilities for companies with more than 50 employees. Authorities did not enforce the quota requirement, and companies often had persons with disabilities on their payroll to meet the quota without actually employing them. Government-operated treatment centers for persons with disabilities, especially children, were of poor quality.

During the year the parliament approved, and the president signed, a law to establish the National Council for People with Disabilities (NCPD), an independent body that aims to promote, develop, and protect the rights of persons with disabilities and their constitutional dignity. The council subsequently signed a cooperation protocol with the Ministry of Justice to guarantee the rights of persons with disabilities and to train employees in the government on how to help those with hearing impairments.

Persons with disabilities rode government-owned mass transit buses without charge, but the buses were not wheelchair accessible. Persons with disabilities received subsidies to purchase household products, wheelchairs, and prosthetic devices. Some children with disabilities attended schools with their nondisabled peers while others attended segregated schools. Some of the segregated institutions were informal schools run by NGOs. Some parents of children with disabilities often complained on social media of the lack of experience of teacher assistants assigned to help their children.

The law prohibits discrimination on any grounds. Nevertheless, dark-skinned Egyptians and sub-Saharan Africans faced discrimination and harassment, as did Nubians from Upper Egypt.

According to the constitution, the state should make efforts to return Nubians to their original territories and develop such territories within 10 years of the constitution’s 2014 ratification.

In April the State Security Emergency Court in Aswan fined 25 members of the indigenous Nubian minority LE 50,000 ($3,030) each, and cleared eight defendants over charges of organizing an unsanctioned protest in 2017, disrupting public order, and halting traffic in the southern city of Aswan, to pressure the government to return to ancestral lands.

While the law does not explicitly criminalize consensual same-sex sexual activity, it allows police to arrest LGBTI persons on charges such as “debauchery,” “prostitution,” and “violating the teachings of religion” and provides for prison sentences if convicted of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Authorities did not use antidiscrimination laws to protect LGBTI individuals. Legal discrimination and social stigma impeded LGBTI persons from organizing or advocating publicly in defense of their rights. Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. A Supreme Media Council (a semigovernmental body) ban on media supporting LGBTI persons and their rights continued. On January 21, a court in Giza sentenced television host Mohamed al-Ghiety to one year of hard labor for interviewing a gay man and also fined him LE 3,000 ($182) for “promoting homosexuality” on his privately owned LTC television channel. The gay man, whose identity was hidden, had talked about life as a sex worker.

There were reports of arrests and harassment of LGBTI individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTI individuals or to avoid arrest. The government has the authority to deport or bar entry to the country of LGBTI foreigners.

There were reports that authorities used social media, dating websites, and cell phone apps to entrap persons they suspected of being gay or transgender, a method LGBTI advocates described as especially effective as LGBTI-friendly public spaces had largely closed during the past few years.

On March 6, authorities arrested a transgender woman for her alleged involvement in antigovernment demonstrations after a February 27 train crash in Cairo’s Ramses Station. According to local press, authorities sexually assaulted al-Kashef, subjected her to a public anal examination, and placed her in solitary confinement in a male prison. Authorities added her to an existing case which includes at least 35 persons, including transgender male Hossam Ahmed, who authorities also subjected to invasive physical exams and who remained in pretrial detention in a female prison as of December 16, despite a December 4 court order for his release. On July 18, al-Kashef was released from prison pending trial.

Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations. The law allows for conducting forced anal exams in cases of debauchery.

HIV-positive individuals faced significant social stigma and discrimination in society and the workplace. The health-care system provided anonymous counseling and testing for HIV, free adult and pediatric antiretroviral therapy, and support groups.

There were incidents of mob violence and vigilantism, particularly sectarian violence against Coptic Christian Egyptians. On July 1, the Court of Cassation upheld a death sentence issued against a suspect convicted of killing two Copts, terrorizing the Christian community of Shamiya village in Assiut, and imposing taxes on the village in 2013-14.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent unions, bargain collectively, and strike, with significant restrictions. The constitution provides for freedom of association. The law prescribes union elections every four years and imposes a strict hierarchy for union formation consisting of a company-level trade union committee, a profession, or industry-level general union, and a national-level union. In June the International Labor Organization (ILO) Committee on the Application of Standards discussed the country’s failure to meet the terms of Convention 87 concerning the Freedom of Association and Protection of the Right to Organize. Specifically, the committee considered the minimum threshold of workers required to form an enterprise union appeared to restrict workers’ freedom of association, since 90 percent of all economic activity in the country is conducted in small and medium enterprises with fewer than 50 employees. The committee also noted that the high threshold requirements for general unions and confederations guaranteed the government-sponsored confederation a de facto monopoly.

In July parliament amended the 2017 trade unions law. The amendments reduced the minimum number of workers required to form a trade union committee from 150 to 50, the number of trade union committees required to form a general union from 15 to 10, and the number of workers required to form a general union from 20,000 to 15,000. The new amendments also decreased the number of unions necessary to establish a trade union federation from 10 to seven and the number of workers in a trade union federation from 200,000 to 150,000. Furthermore, the amendments replaced prison penalties for violations of labor laws with financial penalties.

While the law provides for collective bargaining, it imposes significant restrictions. For example, the government sets wages and benefits for all public-sector employees. The law does not provide for enterprise-level collective bargaining in the private sector and requires centralized tripartite negotiations that include workers, represented by a union affiliated with the Egyptian Trade Union Federation (ETUF), business owners, and the Ministry of Manpower overseeing and monitoring negotiations and agreements.

The constitution provides for the right to “peaceful” strikes. The Unified Labor Law permits peaceful strikes as well, but it imposes significant restrictions, including prior approval by a general trade union affiliated with ETUF. In May workers at the Mahala Egypt Spinning and Weaving Company went on strike over unpaid salaries and bonuses, which they ended when the company’s administration promised to pay the delayed wages.

The law prohibits antiunion discrimination and provides for the reinstatement of workers fired for union activity. Labor laws do not cover some categories of workers, including agricultural and domestic workers, and other sectors of the informal economy.

The Ministry of Manpower and affiliated directorates did not allow trade unions to adopt any bylaws other than those provided in the law. This position, according to local workers’ rights organizations, was contrary to the law, which states that unions can use the statutory bylaws as guidance to develop their own.

Government enforcement of applicable laws was inconsistent. The government also occasionally arrested striking workers and rarely reversed arbitrary dismissals. The government seldom followed the requirement for tripartite negotiations in collective disputes, leaving workers to negotiate directly with employers, typically after resorting to a strike.

Independent unions continued to face pressure to dissolve. In some cases the Ministry of Manpower delayed responding to unions’ applications for legal status, leaving many in legal limbo. In other instances the Ministry of Manpower refused to legalize proposed unions if an ETUF-affiliated counterpart existed. Independent labor activists claimed that the government placed obstacles on independent unions’ ability to participate in 2018 union elections by delaying or rejecting union registration.

Authorities arrested several labor organizers and subjected others to legal sanctions following the dispersal of a labor strike.

Workers sometimes staged sit-ins on government and private property, often without obtaining the necessary permits. Rights groups claimed authorities sometimes arrested those seeking to obtain protest permits. In January the engineers and workers in al-Nasr Contracting Company organized a strike at the New Administrative Capital to demand their late salaries. The security services reportedly arrested seven workers, including trade unionist Talal Atef. In April Sharabiya Appellant Misdemeanor Court sentenced the seven workers to 30 days in prison on charges of participating in an illegal gathering and refusing to perform their duties at work in order to harm the company. In March the Court of Cassation upheld a court ruling sentencing 27 police officers in South Sinai to three years in prison and cancelled a LE 6,000 fine over charges of protesting and going on strike. The incident dates back to January when 50 police officers in different sectors of South Sinai protested the Interior Ministry’s decision to reduce vacation days to 10 days a month instead of 15 days.

On September 16, security personnel in plain clothes arrested 19 workers who participated in a sit-in to demand payment of annual salary increases for the past two years and unpaid bonuses in a factory in Ismailia. The sit-in began on September 14 in front of the General Investment Authority and blocked the Cairo-Ismaili road. The prosecutor released 13 of the workers the same day without charges and detained six of them, including two women, for 15 days pending formal charges. On September 22, an Ismailia court released them on bail.

On October 7, thousands of Universal Company for Engineering Industries workers protested delayed salaries of three months and other unpaid benefits. Media reported that the protest continued for eight days and included 5,000 workers from different departments of the company.

b. Prohibition of Forced or Compulsory Labor

The constitution states no work may be compulsory except by virtue of a law. The government did not effectively enforce the prohibition but conducted awareness raising activities such as distributing antitrafficking informational booklets to migrant laborers, and the NCW conducted a media campaign about the treatment of domestic workers, a population vulnerable to trafficking, and worked with NGOs to provide some assistance to victims of human trafficking, including forced labor. Penalties were insufficient to deter violations.

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 does not prohibit all of the worst forms of child labor. The law sets the minimum age for regular employment at age 15 and at age 13 for seasonal employment. The constitution defines a child as anyone younger than 18. A Ministry of Manpower decree bars children younger than 18 from 44 specific hazardous occupations, while the law prohibits employment of children younger than 18 from work that “puts the health, safety, or morals of the child into danger.” Provincial governors, with the approval of the minister of education, may authorize seasonal work (often agricultural) for children age 13 and older, provided duties are not hazardous and do not interfere with schooling. The labor code and law limit children’s work hours and mandate breaks.

Overall, authorities did not enforce child labor laws effectively. The Ministry of Manpower, in coordination with the NCCM and the Interior Ministry, enforced child labor laws in state-owned enterprises and private sector establishments through inspections and supervision of factory management. Labor inspectors generally operated without adequate training on child labor issues, although the Ministry of Manpower offered some child labor-specific training. The government did not inspect noncommercial farms for child labor, and there were very limited monitoring and enforcement mechanisms for children in domestic service. When authorities imposed penalties for violations, fines were insufficient to deter violations.

Although the government often did not effectively enforce relevant laws, authorities implemented a number of social, educational, and poverty reduction programs to reduce children’s vulnerability to exploitive labor. The NCCM, working with the Ministries of Education and Social Solidarity, sought to provide working children with social security safeguards and to reduce school dropout rates by providing families with alternative sources of income.

Child labor occurred, although estimates on the number of child laborers varied. According to the 2012 joint ILO and Central Agency for Public Mobilization and Statistics child labor survey, of the 1.8 million children working, 1.6 million were engaged in child labor, primarily in the agricultural sector in rural areas but also in domestic work and factories in urban areas, often under hazardous conditions. Children also worked in light industry, the aluminum industry, construction sites, brick production, and service businesses such as auto repair. According to government, NGO, and media reports, the number of street children in Cairo continued to increase in the face of deteriorating economic conditions. Such children were at greater risk of sexual exploitation or forced begging. In some cases employers abused or overworked children. Children also worked in the production of limestone.

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 constitution states all citizens “are equal in rights, freedoms, and general duties without discrimination based on religion, belief, gender, origin, race, color, language, disability, social class, political or geographic affiliation, or any other reason.” It does not specify age, citizenship, sexual orientation, gender identity, or HIV-positive status or other communicable diseases. In April the Ministry of Justice started its first training course for 22 employees working at the state’s real estate departments in Giza and Cairo to use sign language to help persons with disabilities fill out documents. The training comes as part of a cooperation protocol signed in January between the Justice Ministry and the newly established NCPD. While the law provides for persons with disabilities to gain access to vocational training and employment, the government did not effectively enforce prohibitions against such discrimination. Discrimination also occurred against women and migrant workers (see sections 2.d. and 6), as well as workers based on their political views.

An employee facing discrimination can file a report with the local government labor office. If the employee and the employer are unable to reach an amicable settlement, they can file their claim in administrative court, which may order the employer to redress the complaint or to pay damages or legal fees. According to local rights groups, implementation of the law was inadequate. Additionally, the lengthy and expensive litigation process could deter employees from filing claims.

Local rights groups reported several cases of employers dismissing workers or depriving them from work for expressing antigovernment opinions. In March the actors’ professional syndicate revoked the memberships of well-known actors Khaled Abul Naga and Amr Waked, describing their actions as amounting to “high treason” against the homeland and the Egyptian people. The syndicate’s decision came after the two actors participated in a congressional briefing in Washington regarding the human rights situation in Egypt.

In June the Ministry of Religious Endowments warned it would terminate the employment of imams in Sharqiyah Governorate who violated the ministry’s instructions not to hold funeral prayers for the late president Morsi, who died on June 17.

e. Acceptable Conditions of Work

Challenges to improving working conditions in both the private sector and informal sector include uneven application or lack of regulations and restrictions on engaging in peaceful protests as a means of negotiating resolutions to workplace disparities. For example, there is no national minimum wage in the private sector, but the government sets a monthly minimum wage for government employees and public-sector workers, which is above the poverty line. According to labor rights organizations, the government implemented the minimum wage for public-sector workers but applied it only to direct government employees and included benefits and bonuses in calculating total salaries. For government employees and public business-sector workers, the government also set a maximum wage limit per month. The law does not require equal pay for equal work.

The law stipulates a maximum 48-hour workweek for the public and private sectors and provides for premium pay for overtime and work on rest days and national holidays. The law prohibits excessive compulsory overtime. The government sets worker health and safety standards, for example, prohibiting employers from maintaining hazardous working conditions. The law excludes agricultural, fisheries, and domestic workers from regulations concerning wages, hours, and working conditions.

The Ministry of Manpower is responsible for enforcing labor laws and standards for working conditions. The government did not effectively enforce the law. The ministry did not attempt to apply labor standards to the informal sector. Penalties, especially as they were often unenforced, were not sufficient to deter violations.

By law workers can remove themselves from situations that endanger health or safety without jeopardy to employment, although authorities did not reliably enforce this right. In March at least 10 workers were killed and 15 more were injured in an explosion at a military-owned phosphates and fertilizer production facility in Ain Sokhna, a port city east of Cairo. Workers blamed the factory’s administration for failing to comply with the health and safety measures at the site. In May, three workers were killed when a fire broke out in a plastic factory in Sadat city in Menofia Governorate.

According to media reports, laborers in some remote areas worked in extremely dangerous environments. In North Sinai, workers’ movements were restricted by local government-established curfews and checkpoints run by both the military and non-state armed groups. In June terrorists killed four civilian workers who were building a fence around the El Arish airport.

The government provided services, such as free health care, to all citizens, but the quality of services was often poor. Other benefits, such as social insurance, were available only to employees in the formal sector.

Many persons throughout the country faced poor working conditions, especially in the informal economy, which employed up to 40 percent of workers, according to some estimates. Domestic workers, agricultural workers, workers in rock quarries, and other parts of the informal sector were most likely to face hazardous or exploitive conditions. There were reports of employer abuse of citizen and undocumented foreign workers, especially domestic workers. Little information was available on workplace fatalities and accidents.

Morocco

Executive Summary

Morocco is a constitutional monarchy with a parliamentary national legislative system under which ultimate authority rests with King Mohammed VI, who presides over the Council of Ministers. The king shares executive authority with Head of Government (prime minister) Saadeddine El Othmani. According to the constitution, the king appoints the head of government from the political party with the most seats in parliament and approves members of the government nominated by the head of government. International and domestic observers judged the 2016 parliamentary elections credible and relatively free from irregularities.

The security apparatus includes several police and paramilitary organizations with overlapping authority. The National Police Force manages internal law enforcement in cities and reports to the Ministry of Interior. The Auxiliary Forces also report to the Ministry of Interior and support gendarmes and police. The Royal Gendarmerie, which reports to the Administration of National Defense, is responsible for law enforcement in rural regions and on national highways. The judicial police (investigative) branches of both the Royal Gendarmerie and the National Police report to the royal prosecutor and have the power to arrest individuals. Civilian authorities maintained effective control over security forces.

Significant human rights issues included: allegations of torture by some members of the security forces, although the government condemned the practice and made efforts to investigate and address any reports; allegations that there were political prisoners; undue limits on freedom of expression, including criminalization of libel and certain content that criticized Islam, the monarchy, and the government’s position regarding territorial integrity; limits on freedom of assembly and association; corruption; and criminalization of lesbian, gay, bisexual, transgender, or intersex (LGBTI) conduct.

There were few examples of investigations or prosecutions of human rights abuses by officials, whether in the security services or elsewhere in the government, which contributed to the widespread perception of impunity.

(For additional information on Western Sahara, see the Department of State’s annual Country Reports on Human Rights for Western Sahara.)

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law generally provide for freedom of expression, including for the press, although they criminalize and restrict some freedom of expression in the press and social media–specifically criticism of Islam, the institution of the monarchy, or the government’s positions regarding territorial integrity and Western Sahara. Such criticism can result in prosecution under the penal code, with punishments ranging from fines to prison time, despite the freedom of expression provided for in the 2016 press code. The press code applies only to journalists accredited by the Ministry of Communication for speech or publications in the line of work; private speech by accredited journalists remains punishable under the penal code. According to the Freedom House 2019 Freedom in the World report, the press in Morocco enjoys a significant degree of freedom when reporting on economic and social policies, but authorities used an array of financial and legal mechanisms to punish critical journalists. International and domestic human rights groups criticized criminal prosecutions of journalists and publishers as well as libel suits, claiming that the government principally used these laws to restrict independent human rights groups, the press, and social media.

Freedom of Expression: The law criminalizes criticism of Islam, of the legitimacy of the monarchy, of state institutions, of officials such as those in the military, and of the government’s positions regarding territorial integrity and Western Sahara. The government sometimes prosecuted persons who expressed criticism on these topics. HRW reported during the year that the government demonstrated increasing intolerance of public dissent, particularly pf persons who were critical of the monarchy, state authorities, or Islam. According to government figures, 22 individuals were specifically charged for criminal speech, including defamation, slander, and insult (see Libel/Slander Laws and National Security).

On April 19, the al-Hoceima Court of Appeals increased the sentence for defense lawyer for Hirak protesters Abdessadek El Bouchtaoui from 20 to 24 months in prison and sustained a 500 dirhams ($50) fine for insulting officials and representatives of authority while on duty, undermining the authority of justice, incitement to commit crimes, public incitement via Facebook to participate in unauthorized protests and crimes, and participation in unauthorized protests. According to Amnesty International, the government’s charges were based on 114 posts on El Bouchtaoui’s Facebook account and comments he made on national media criticizing the security forces’ use of force against Hirak protesters. El Bouchtaoui fled Morocco prior to the Appeals Court sentence in February 2018, and after more than a year in exile on February 13, France issued political asylum to Bouchtaoui, his wife, and three children. In April the Tetouan Court of Appeals also suspended El Bouchtaoui’s legal license for two years.

On March 27, a court of first instance convicted four individuals to a six-month suspended prison sentence and fine of 10,000 dirhams ($1,000) for publishing information from a parliamentary committee under the new access to information law that came into force during the year. The individuals reported publishing the information because of concerns over corruption by elected officials.

On November 25, the Sale Court of First Instance sentenced Moroccan rapper Mohamed Mounir to one year in prison and a fine of 1,000 dirhams ($100) for insulting police via a live social media feed posted in late October. The rapper confessed to the crime, stating his post came after two police officers assaulted him during a stop in mid-October to check his identity papers. Although Mounir was convicted for those online comments, his defense team, AMDH, and Amnesty International attributed his arrest and prosecution instead to a controversial rap video, titled “Long Live the People,” released on YouTube three days prior to the arrest. The defense planned to appeal the sentence at year’s end.

Press and Media, Including Online Media: Independent media, as well as partisan media, were active and expressed a variety of views within the restrictions of the law. The press code limits punishments for accredited journalists to fines. As of July 30, no journalists were prosecuted under the press code during the year, compared with two in 2018. According to the Ministry of Justice, Hajar Raissouni, Taoufiq Bouachrine (see section 1.d.), and Hamid al-Mahdaoui (see section 1.c.) are accredited journalists who were in prison during the year for criminal acts the government claimed were outside of their role as journalists. According to authorities, 22 individuals faced charges during the year for defamation, slander, or blasphemy.

Journalists continued to denounce the cumbersome administrative procedures and the long wait times to receive accreditation under the press code. Some members of the press claimed that journalists from outlets close to the government and palace received their credentials sooner than journalists from independent outlets. They claimed journalists waiting for their credentials had to operate without a press card in an ambiguous legal status, as the protections of the press code are only available to accredited journalists.

The government also enforced strict procedures governing journalists’ meetings with NGO representatives and political activists. Foreign journalists needed, but did not always receive, approval from the Ministry of Communication before meeting with political activists.

The trial for seven members of the Moroccan Association for Investigative Journalism, including Hicham Mansouri, Maati Monjib, and Hisham Almiraat, has been repeatedly postponed since 2015; the individuals had not been sentenced at year’s end. According to the Ministry of Justice, Mansouri, Monjib, and Almiraat were suspected of accepting foreign funds intended for acts threatening the internal security and territorial integrity of the country. The seven individuals were charged for posing a threat to the internal security of the country, fraud, managing an association exercising unauthorized acts, and accepting unauthorized foreign funds. The seven remained free but reported hardships due to the open case.

Violence and Harassment: Authorities subjected some journalists to harassment and intimidation, including attempts to discredit them through harmful rumors about their personal lives. Journalists reported that selective prosecutions served as a mechanism for intimidation. According to Reporters without Borders, the government intimidated activists and journalists, often putting them on trial for matters seemingly unrelated to journalism or political activities.

On September 30, the Rabat Court of First Instance sentenced journalist Hajar Raissouni to a 500 dirham ($50) fine and one year in prison for a presumed illegal abortion and premarital sex, charges the defense and Amnesty International denounced as lacking medical evidence. Police arrested Raissouni at a doctor’s clinic in Rabat, along with her fiance, gynecologist, anesthesiologist, and nurse. Raissouni claims that while she was held in custody, police forced her to undergo a physical examination against her will and questioned her about her family ties and journalism, particularly her writing on the Hirak movement. Raissouni told reporters she believes she was targeted because of her critical reporting and family connections to the Justice and Development Party. Reporters without Borders called the case an example of “profoundly unjust” persecution of a journalist. Raissouni and codefendants received a royal pardon on October 16 before the case moved to an appellate court.

According to media reports, authorities expelled multiple international journalists during the year because they lacked valid permits. The government stated that foreign media representatives who comply with local laws are allowed to perform their duties without interference and that allegations that authorities expelled foreign journalists were unsubstantiated.

In July and October, the Committee to Protect Journalists (CPJ) reported that several local journalists believed they were under surveillance. For example, some journalists stated at times their private conversations were publicized without their consent in an apparent attempt by the state to discredit their reporting. The CPJ also reported that some journalists jailed during the Rif protests in 2016 to 2017 reported authorities had referenced private WhatsApp messages while questioning them under detention.

Censorship or Content Restrictions: Self-censorship and government restrictions on sensitive topics remained serious hurdles to the development of a free, independent, and investigative press. Publications and broadcast media require government accreditation, and the government may deny and revoke accreditation as well as suspend or confiscate publications that breach public order or criticize Islam, the institution of the monarchy, or the government’s positions on territorial integrity. The press code lists threats to public order as one of the criteria for censorship. While the government rarely censored the domestic press, it exerted pressure through written and verbal warnings and by pursuing legal cases that resulted in heavy fines and suspended publication. Such cases encouraged editors and journalists to self-censor. The government denied restricting content on media outlets.

Libel/Slander Laws: The press code includes provisions that permit the government to impose financial penalties on accredited journalists and publishers who violate restrictions related to defamation, libel, and insults. A court may impose a prison sentence if an accredited journalist is unable or unwilling to pay the fine.

Individuals who were not registered as journalists may be charged for defamation, libel, and slander under the criminal code, as can accredited journalists for their private actions.

National Security: The antiterrorism law provides for the arrest of individuals, including journalists, and filtering websites deemed to “disrupt public order by intimidation, terror, or violence.”

The government did not disrupt access to the internet, but it did apply laws governing and restricting public speech and the press on the internet. The press code stipulates that online journalism is equivalent to print journalism. Laws on combatting terrorism permit the government to filter websites. According to Freedom House’s 2019 Freedom on the Net report, the government did not block or filter any political, social, or religious websites during the year. The same report indicated that there have been cases in Morocco where bloggers were arrested or imprisoned for content the government deemed politically sensitive. Social media and communication services, including YouTube, Facebook, and Twitter, were available in the country, as were international blog-hosting services. Freedom House claimed, however, that unfair disbursement of advertising money, strict self-censorship, and ongoing trials of journalists have prevented the emergence of a vibrant online media environment. According to the government, funds for advertisements derive from the private sector, not from the public sector. The government also repeatedly reminded online journalists to obey the law. The government also prosecuted individuals for expressing certain ideological views online, particularly related to protests in the northern Rif region.

Many contributors working for online news outlets and many online news outlets themselves were unaccredited and therefore not covered under the press code for their publications. They remained subject to provisions of the antiterrorism law and the penal code that permit the government to jail and impose financial penalties on anyone who violates restrictions related to defamation, libel, and insults.

The law permits the government to criminalize presentations or debate questioning the legitimacy of Islam, the legitimacy of the monarchy, state institutions, and the status of Western Sahara. The law restricts cultural events and academic activities, although the government generally provided more latitude to political and religious activism confined to university campuses. The Ministry of Interior approved appointments of university rectors.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

The law provides for the right of peaceful assembly. The government generally allowed authorized and unauthorized peaceful demonstrations to occur. Under the law, groups of more than three persons require authorization from the Ministry of Interior to protest publicly. Security forces intervened on occasion to disband both authorized and unauthorized protests when officials deemed the demonstration a threat to public security.

Some NGOs complained that authorities did not apply the approval process consistently and used administrative delays and other methods to suppress or discourage unwanted peaceful assembly. According to HRW’s World Report 2019, police allowed many protests demanding political reform and protesting government actions, but often forcibly dispersed peaceful protests, arrested protestors and protest leaders, or prevented demonstrations from occurring. According to the government, there were an average of 20,000 demonstrations per year. While most protests proceeded peacefully, on several occasions, violence erupted between protestors and police.

Security forces were generally present both in and out of uniform at protests, particularly if the protest was expected to address a sensitive issue. In general, officers were under orders to observe and not intervene, unless the demonstration became unruly, threatening to bystanders, or overflowed into public highways. In those cases, under standard operating procedures, officers were required to give the crowd three warnings that force would be used if they did not disperse. Security forces would then attempt to force protestors to leave the area, using riot shields to push standing protestors into a designated area or carrying seated protestors to the designated area. If such lower-level tactics failed, security forces may escalate to the use of batons, water cannons, or tear gas to clear the area and restore order.

Security force tactics did not differ significantly whether the protest was authorized or unauthorized, although the decision on whether to intervene sometimes depended on whether the protest was authorized. According to the government, if officers intervened in a protest, a police judiciary officer not involved in the intervention and under the supervision of the attorney general must produce a statement documenting the circumstances of the case, the number of victims, and the material damage due to the operation. The police judiciary officer must address the statement to the Attorney General’s Office with a copy to the governor of the territorial jurisdiction where the incident transpired. The government organized ongoing training on human rights-based methods to manage crowds throughout the year.

In 2017, after two brothers who had been mining illegally were found dead inside a coal pit in the northeast province of Jerada, it sparked more than 300 protests over social disparities, economic grievances, and unemployment. According to the government, 67 individuals arrested were sentenced to prison for terms ranging from one to five years for destruction of public goods, incitement to commit crimes, or involvement in unauthorized protests. According to authorities, on the occasion of Eid al-Fitr in June, the king pardoned all prisoners associated with the Jerada protests.

In April the Casablanca Court of Appeals sustained a court of first instance ruling against protest leader Nasser Zefzafi and 41 other members of the Hirak protest movement in the Rif. Four detainees, including Zefzafi, were sentenced during the year to 20 years’ imprisonment on charges including threatening national security. At least one of the convicted individuals appealed the sentence to the Court of Cassation. Other sentences varied from 15 years’ imprisonment to suspended sentences and fines. According to the government, authorities implicated 578 persons in crimes related to the Hirak protests, of whom 39 were acquitted of all charges in 2018. With the exception of one remaining pretrial detainee, the rest were prosecuted and sentenced by the al-Hoceima’s Court of First Instance as of October. During the year the king pardoned 68 of the prisoners; Zefzafi was not included in the pardons.

Amnesty International reported public authorities interrupted a sit-in organized to take place on April 10 in Rabat. The NGO submitted the required notice of the event to authorities. Amnesty International reported the incident to the CNDH and the Ministry of Human Rights via written correspondence. According to an initial response from the ministry, Amnesty International’s complaint was forwarded to the Ministry of Interior on April 25. The NGO had not received a response from the Ministry of Interior by year’s end.

The constitution and the law provide for freedom of association, although the government sometimes restricted this freedom. The government prohibited or failed to recognize some political opposition groups by deeming them unqualified for NGO status. While the government does not restrict the source of funding for NGOs operating in the country, NGOs that receive funding from foreign sources are required to report the amount and its origins to the government within 30 days from the date of receipt. The government denied official recognition to NGOs that it considered to be advocating against Islam as the state religion or questioning the legitimacy of the monarchy or the country’s territorial integrity. Authorities obstructed the registration of a number of associations perceived to be critical of the authorities by refusing to accept their registration applications or to deliver receipts confirming the filing of applications (see section 5).

The Ministry of Interior required NGOs to register before being recognized as legal entities, but there was no comprehensive national registry publicly available. A prospective organization must submit its objectives, bylaws, address, and photocopies of members’ identification cards to local officials of the ministry. The local officials of the ministry issue a receipt to the organization that signifies formal approval. Organizations without receipts are not formally registered. According to the law, however, any association not denied registration that did not receive a receipt within 60 days of submitting the required documentation has the right to engage in activities. There were several reports during the year that some organizations faced administrative issues because the ministry did not issue a registration receipt. These same organizations reported extended delays in receiving correspondence from the ministry on the receipt issue.

Unregistered organizations could not access government funds or legally accept contributions.

The National Federation of Amazigh Associations, an organization supporting the inclusion of the Amazigh (Berber) population in public life, reported that, as of October, the nine Amazigh organizations denied registration in 2017 continued to be denied registration during the year, including the federation itself (see section 6, National/Racial/Ethnic Minorities).

The Justice and Charity Organization (JCO), a Sunni Islamist movement that rejects the king’s spiritual authority, remained banned but largely tolerated, although authorities continued to monitor its activities. On February 6, media reported that authorities closed unlicensed mosques run out of homes of JCO members in Casablanca, Kenitra, and Inezgane.

On April 16, the Casablanca Court of Appeals sustained a court of first instance ruling to dissolve Racines, a cultural rights NGO. The courts determined the NGO engaged in activities beyond the scope of its bylaws as a cultural rights NGO by hosting an episode of the online show 1 Dinner, 2 Idiots, where guests of the show engaged in political discussions on freedom of association, corruption in the public sector, the monarchy, and the Rif Hirak protest movement. The leadership of the organization appealed to the Court of Cassation but ceased operations in June, as required by the court of appeals ruling.

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, and the government generally respected these rights, although it limited movement to areas experiencing widespread unrest. The government denied entry to individuals it believed threatened the stability of the country. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, and other persons of concern. The government also provided funding to humanitarian organizations to provide social services to migrants, including refugees.

There were several reports of government authorities denying local and international organizations and press access to the Rif and Eastern regions. In January, Amnesty International announced two of its researchers were denied entry to conduct a human rights investigation.

In February authorities expelled a Dutch journalist from the north for failing to present the appropriate accreditation. The journalist visited the region to cover a story on migration issues. He also reported that security forces followed him for several days before deporting him from the country.

The government continued to make travel documents available to Sahrawis. There were a few reported cases, however, of authorities preventing Sahrawis from traveling. The government encouraged the return of Sahrawi refugees from Algeria and elsewhere if they acknowledged the government’s authority over Western Sahara.

In-country Movement: Local and international media reported that authorities forcibly relocated more than 200 sub-Saharan migrants from Nador to the Atlas region. NGOs reported Moroccan authorities forcibly relocated dozens of destitute sub-Saharan migrants every few weeks from areas neighboring the Spanish enclaves of Melilla and Ceuta to Tiznit and Agadir in the south of the country.

Not applicable.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Refugees and asylum seekers, as well as migrants, were particularly vulnerable to abuse. Europe-bound human smuggling and human trafficking decreased after January following a government of Morocco and EU agreement. Moroccan authorities cooperated with Spanish and EU authorities to thwart trafficking networks and arrest smugglers. Parliament passed legislation in 2016 to improve protections for victims. CNDH regional branches reported receiving several complaints regarding the rights of migrants. There were reports of government authorities arresting or detaining migrants, particularly around the Spanish enclave cities of Melilla and Ceuta, and forcibly relocating them to other parts of the country to deter attempts to cross illegally into Spanish territory.

Access to Asylum: The law provides for the granting of refugee status. The government has historically deferred to UNHCR as the sole agency in the country entitled to perform refugee status determinations and verify asylum cases. UNHCR referred cases that meet the criteria for refugee recognition to the government’s interministerial Commission in Charge of Hearings for Asylum Seekers within the Bureau of Refugees and Stateless Persons. The government recognizes asylum status for refugees designated according to the UNHCR statute. The government continued to grant status to UNHCR-recognized refugees and temporary status to registered Syrians. There were 802 refugees registered in the country. From December 2018 to July 2019, the commission held 33 hearings and granted legal status as refugees to 257 asylum seekers referred by UNHCR, of whom 80 percent were Syrian nationals.

Access to Basic Services: Recognized refugees and migrants were generally able to work and access health care and education services, including publicly funded professional and vocational training. Requests on behalf of women and children receive automatic approval, with immediate access to education and healthcare. Asylum seekers were, however, sometimes unable to access the national health care system and continued to have little access to the judicial system until recognized as refugees.

Durable Solutions: The government facilitated voluntary returns in cooperation with UNHCR and, when necessary, the resettlement of recognized refugees to third countries. Since 2004 the government and the International Organization for Migration (IOM) have cofunded the voluntary return of migrants to their countries of origin. According to the government, it assisted with the voluntary return to the country of origin of an average of 2,000 to 3,000 migrants per year.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. Syrians and Yemenis benefited from “exceptional regularization” outside of the more permanent migrant regularization program.

Not applicable.

Section 3. Freedom to Participate in the Political Process

The country is a constitutional monarchy under which ultimate authority rests with King Mohammed VI, who presides over the Council of Ministers. The king shares executive authority with the head of government (prime minister). According to the constitution, the king appoints the head of government from the political party with the most seats in parliament and approves members of the government nominated by the head of government.

The law provides for, and citizens participated in, free and fair periodic elections held by secret ballot and based on universal and equal suffrage for parliament’s Chamber of Representatives and municipal and regional councils. Regional and professional bodies indirectly elected members of parliament’s less powerful Chamber of Counselors.

Recent Elections: In 2016 the country held direct elections for the Chamber of Representatives (the more powerful lower house of parliament). The major political parties and domestic observers considered the elections free, fair, and transparent. International observers considered the elections credible, noting voters were able to choose freely and the process was free of systemic irregularities. As stipulated by the constitution, the king tasked the Party of Justice and Development, which won the most seats in the newly elected chamber, to form a governing coalition and nominate new ministers.

Political Parties and Political Participation: A political party may not legally challenge Islam as the state religion, the institution of the monarchy, or the country’s territorial integrity. The law prohibits basing a party on a religious, ethnic, or regional identity.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. Voters elected a record number of women in the 2016 elections, although very few subsequently won leadership positions as ministers or parliamentary committee presidents.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government generally did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. There were reports of government corruption in the executive, judicial, and legislative branches during the year.

Corruption: Observers generally considered corruption an ongoing problem, with insufficient governmental checks and balances to reduce its occurrence. There were reports of petty government corruption. According to the Global Corruption Barometer Africa 2019 report published in July, 53 percent of Moroccans surveyed thought corruption increased in the previous 12 months, 31 percent of public services users surveyed paid a bribe in the previous 12 months, and 74 percent believed the government was doing a bad job in tackling corruption.

The National Authority for Probity, Prevention, and Fighting Corruption (INPPLC) is responsible for combating corruption. In addition to the INPPLC, the Ministry of Justice and the High Audit Institution (government accountability court) had jurisdiction over corruption issues, and the latter has authority to conduct investigations.

The Ministry of Justice ran a hotline for the public to report instances of corruption. As of October the government reported there were 7,550 calls to the hotline alleging corruption that resulted in 23 cases in court during the year. The government also reported 80 percent of the calls were inquires on corruption cases in trial, rather than new reports of alleged corruption. In February the Prosecutor General’s Office reported it registered 19,000 calls to its anticorruption hotline from private citizens in 2018. From information collected through the anticorruption hotline in 2018, the Prosecutor General’s Office opened 63 cases, resulting in arrests of public officials on corruption charges in 2019. According to the Prosecutor General’s Office, 42 of the 63 cases resulted in convictions against the officials involved; six cases had not been adjudicated at year’s end; two more were under investigation; and nine other cases were under review for classification.

Some members of the judicial community were reluctant to implement adopted reforms and procedures to strengthen controls against corruption. In some cases judges received disciplinary sanctions for corruption but were not prosecuted. The Supreme Judicial Council is tasked with ensuring ethical behavior by judicial personnel (see section 1.e.).

On July 4, the court of appeals in Kenitra sentenced elected official Allal Chkaoua, president of the rural municipality of Haddada in Kenitra, along with a counselor to eight months in prison for corruption and blackmail.

Also on July 4, judicial police arrested Khalid Ouaya, the director of the Urban Planning Agency in Marrakech, with large sums of cash in his possession. Authorities pursued the Ouaya after receiving reports that he was soliciting bribes to expedite approvals for urban development projects. According to authorities, police confiscated the large sums of money during the arrest and the case was transmitted to the courts. The first trial hearing under the Marrakech Court of First Instance took place on November 21. The outcome of the case was unknown at year’s end.

Observers noted widespread corruption among police. The government claimed to investigate corruption and other instances of police malfeasance through an internal mechanism. Nevertheless, in the past, international and domestic human rights organizations claimed that authorities dismissed many complaints of abuse and relied only on police statements.

Authorities investigated some low-level incidents of alleged abuse and corruption. The judicial police investigated allegations, including those against security forces, and advised the court of their findings. Cases at times languished in the investigatory or trial phases. According to the government, in 2018 a total of 134 public officials faced charges for corruption, of whom 13 were convicted on those charges.

The government also reported 16 cases in 2018 where there was sufficient evidence pointing to police officers engaging in corruption, extortion, collusion with drug traffickers, or misappropriation of seized objects, and 26 police officers received disciplinary sanctions in connection to the cases. During the year a court of first instance sentenced two additional DGSN officials to nine and two months in prison, respectively, for engaging in corrupt practices tied to the 16 cases in 2018; the DGSN then dismissed the officials from duty. One additional case was pending a court decision at year’s end.

From January to June 30, judiciary police initiated investigations in 10 cases that involved allegations of corruption by 10 police officers and 12 DGSN officials. Judiciary police referred one of the 10 cases to the courts and had not made any determinations on the validity of the allegations of the remaining cases.

In March police officers in Sale were arrested for accepting a bribe of 900 dirhams ($90) to facilitate the extradition of a Norwegian detainee. The police officers confessed to the crimes during pretrial detention. The Marrakech Court of First Instance sentenced the police officers to five and 10 months in prison, respectively, and to a fine of 5,000 dirhams ($500). The officers appealed the sentence. Disciplinary measures for the officers will be determined by the National Police after the court of appeals makes a determination on the case.

Financial Disclosure: The law requires judges, ministers, and members of parliament to submit financial disclosure statements to the High Audit Institution, which is responsible for monitoring and verifying disclosure compliance. According to allegations from government transparency groups, however, many officials did not file disclosures. There are no effective criminal or administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups investigated and published findings on human rights cases; however, the government’s responsiveness to, cooperation with, and restrictions on domestic and international human rights organizations varied, depending on its evaluation of the political orientation of the organization and the sensitivity of the issues.

The government did not approve AMDH appeals during the year to register multiple regional branches. The organization has regularly faced difficulties renewing the registration of its offices.

During the year activists and NGOs reported continuing restrictions on their activities in the country. Many activists alleged that the government restricted their use of public spaces and conference rooms as well as informed the proprietors of private spaces that certain activities should not be welcomed. According to the government, its actions were in accordance with the law. Registered organizations are authorized to meet within their established headquarters, but any meetings outside that space, including privately owned establishments, were considered to be in public spaces and require authorization from the Ministry of Interior. Organizations stated that government officials told them their events were canceled for failing to follow required procedures for public meetings, although the organizations claimed to have submitted the necessary paperwork or believed the law did not require it.

Some unrecognized NGOs that did not cooperate officially with the government still shared information informally with both the government and government-affiliated organizations.

The United Nations or Other International Bodies: The government cooperated with the UN and permitted requested visits.

Government Human Rights Bodies: The CNDH is a national human rights institution established by the constitution that operates independently from the elected government. It is publicly funded and operates in conformity with the Principles of Paris according to the Global Alliance of National Human Rights Institutions, which recognized it in 2015 as a “class A national human rights institution” within the UN framework. The council filled the role of a national human rights monitoring mechanism for preventing torture. The CNDH oversees the National Human Rights Training Institute, which collaborated with international organizations to provide training to civil society, media, law enforcement, medical personnel, educators, and legal practitioners.

The Institution of the Mediator acted as a general ombudsman. It considered allegations of governmental injustices and had the power to carry out inquiries and investigations, propose disciplinary action, and refer cases to the public prosecutor.

The mission of the Interministerial Delegation for Human Rights (DIDH), which reports to the minister of state in charge of human rights, is to promote the protection of human rights across all ministries, serve as a government interlocutor with domestic and international NGOs, and interact with relevant UN bodies regarding international human rights obligations. DIDH coordinates government responses to UN bodies on adherence to treaty obligations and serves as the principal advisory body to the king and government on human rights. DIDH oversaw the launch during the year of the National Plan of Action on Democracy and Human Rights (PANDDH), approved by parliament in 2017 and the king in 2019. The PANDDH includes more than 400 measures to improve democracy, governance, economic, social, cultural, and environmental rights as well as reforms to institutional and legal frameworks. The UN Development Program (UNDP) issued $3 million in funds to implement PANDDH projects throughout the country.

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

Rape and Domestic Violence: The law punishes individuals convicted of rape with prison terms of five to 10 years; when the conviction involves a minor, the prison sentence ranges from 10 to 20 years. Spousal rape is not a crime. Numerous articles of the penal code pertaining to rape perpetuate unequal treatment for women and provide insufficient protection. A 2018 law provides a stronger legal framework to protect women from violence, sexual harassment, and abuse. Under the law, a sexual assault conviction may result in a prison sentence of six months to five years and a fine of 2,000 to 10,000 dirhams ($210 to $1,050). For insults and defamation based on gender, an individual may be fined up to 60,000 dirhams for insults and up to 120,000 dirhams for defamation ($6,300 to $12,600). General insult and defamation charges remain in the penal code. In March the law was reformed to require the DGSN, Prosecutor General’s Office, Supreme Judicial Court, and Ministries of Health, Youth, and Women to have specialized units that coordinate with one another on cases involving violence against women. While the DGSN announced on September 26 that such specialized units were designated in 136 police precincts, the units were not active as of December. Some women’s rights NGOs criticized the lack of clarity in procedures and protections for reporting abuse under the new law. In the past, authorities did not effectively enforce laws against sexual harassment; the impact of the law was not clear by year’s end.

Then minister of family, solidarity, equality, and social development Bassima Hakkaoui announced on July 9 that, based on a national survey conducted by the ministry, 93.4 percent of women who were victims of violence did not press charges against the aggressor. According to local NGOs, survivors did not report the vast majority of sexual assaults to police due to social pressure and the concern that society would most likely hold the victims responsible. Some sexual assault victims also reported police officers at times turned them away from filing a police report or coerced them to pay a bribe to file the report by threatening to charge them with consensual sex outside of marriage, a crime punishable with up to one year in prison. Police selectively investigated cases; among the minority brought to trial, successful prosecutions remained rare.

The law does not specifically define domestic violence against women and minors, but the general prohibitions of the criminal code address such violence. Legally, high-level misdemeanors occur when a victim’s injuries result in 20 days of disability leave from work. Low-level misdemeanors occur when a victim’s disability lasts for less than 20 days. According to NGOs, the courts rarely prosecuted perpetrators of low-level misdemeanors. Police were slow to act in domestic violence cases, and the government generally did not enforce the law and sometimes returned women against their will to abusive homes. Police generally treated domestic violence as a social rather than a criminal matter. Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities.

The Prosecutor General’s Office launched an investigation into the rape of a 34-year-old woman in Rabat on June 9. The victim died two days later at a hospital from severe injuries inflicted during the rape. Authorities detained eight suspects, including the accused perpetrator and an accomplice who filmed the incident. Authorities reported the suspects were facing charges of premediated murder, complicity in torture and other barbaric acts, and failure to seek assistance for a person in peril. The sentences were pending at year’s end.

In 2018 Khadija Okkarou, 18, reported to the authorities that she was kidnapped in Oulad Ayad in June and held for two months by a group of men who raped her repeatedly and forced her to consume drugs and alcohol. Police arrested 12 suspects on charges for abduction, rape, and torture. The Beni Mellal Court of Appeals subjected Okkarou to a virginity exam by a judicial medical examiner, who determined the results were inconclusive. The Beni Mellal Appeals Court held a brief hearing on October 15 to announce it would hear the testimonies of the 12 defendants on November 12. The hearing was postponed again to December 3 because of the absence of the defendants’ defense and again to December 24 at the request of the plaintiff’s defense. The sentences were pending at year’s end.

The government funded a number of women’s counseling centers under the Ministry of Family, Solidarity, Equality, and Social Development. A few NGOs provided shelter, assistance, and guidance for survivors of domestic abuse. There were reports, however, that these shelters were not accessible to persons with disabilities. Courts had “victims of abuse cells” that brought together prosecutors, lawyers, judges, women’s NGO representatives, and hospital personnel to review domestic and child abuse cases to provide for the best interests of women or children.

Sexual Harassment: Before the law on violence against women was passed in 2018, sexual harassment was only a crime if it was committed by a supervisor in the workplace. Under the 2018 law, sexual harassment is a crime punishable by up to six months in prison and a fine up to 10,000 dirhams ($1,000) if the offense takes place in a public space or by insinuations through texts, audio recording, or pictures. In cases where the harasser is a coworker, supervisor, or security official, the sentence is doubled. Prison sentences and fines are also doubled in cases where a spouse, former spouse, fiance, or a family member perpetrates the harassment act, physical violence, or abuse or mistreatment or breaks a restraining order or if the crime is perpetrated against a minor. In the past, authorities did not effectively enforce laws against sexual harassment. As of year’s end, NGOs did not observe an impact of the new law, with civil society leaders stating they did not observe efforts by the government to enforce the law or provide training on the new law for judicial or law enforcement officials.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: While the constitution provides women equal rights with men in civil, political, economic, cultural, and environmental affairs, laws favor men in property and inheritance. Numerous problems related to discrimination against women remained, both with inadequate enforcement of equal rights provided for by the laws and constitution and in the reduced rights provided to women in inheritance.

According to the law, women are entitled to a share of inherited property, but a woman’s share of inheritance is less than that of a man. Women are generally entitled to receive half the inheritance a man would receive in the same circumstances. A sole male heir would receive the entire estate, while a sole female heir would receive half the estate with the rest going to other relatives. Multiple women’s rights activists and organizations called for reform of the inheritance law.

The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent, and places legal limits on polygamy. Implementation of family law reforms remained a problem. The judiciary lacked willingness to enforce them, as many judges did not agree with their provisions. Corruption among working-level court clerks and lack of knowledge about its provisions among lawyers were also obstacles to enforcing the law.

The law requires equal pay for equal work, although in practice this did not occur.

The government led some efforts to improve the status of women in the workplace, most notably the constitutional mandate, established by parliament in 2017, for the creation of an Authority for Gender Parity and Fighting All Forms of Discrimination. The Gender Parity Authority, however, has yet to become functional.

Birth Registration: The law permits both parents to pass nationality to their children. The law establishes that all children have civil status regardless of their family status. There were, nonetheless, cases in which authorities denied identification papers to children because they were born to unmarried parents, particularly in rural areas or in the cases of poorly educated mothers unaware of their legal rights. The Ministry of State for Human Rights and Relations with the Parliament estimated that over 83,000 Moroccan children remain unregistered. In October the Ministry of Interior administered a national communique that local authorities now have a simplified registration procedure as an effort to improve on birth registration. According to Amazigh NGOs, during the year representatives of the Ministry of Interior refused to register the births of at least two children whose parents sought to give them Amazigh names.

Child Abuse: NGOs, human rights groups, media outlets, and UNICEF claimed child abuse was widespread. According to the government, in 2018, 7,263 individuals were investigated for criminal offenses associated with 6,702 reported cases of child abuse. Prosecutions for child abuse were extremely rare. Some children rights NGOs expressed concerns over the lack of legislation to prosecute cases involving incest.

In August local authorities arrested a religious studies teacher for physically abusing a four-year-old child with a baton. The authorities opened an investigation into the alleged crime, which was recorded on video. The authorities submitted a “judicial informational report” after the father of the victim refused to press charges against the educator.

Early and Forced Marriage: The legal age for marriage is 18, but parents, with the informed consent of the minor, may secure a waiver from a judge for underage marriage. According to a statement released by the Prosecutor General’s Office in July, the judiciary in 2018 approved 18,422 out of 33,686 of such requests, despite a notice sent that year that called on attorneys and judges to “not hesitate to oppose any marriage request that does not take into account the interests of the minor.” Othmane Abid, director of the Family Law Department at the Ministry of Justice, stated in March that 75 percent of applications approved involved cases of girls who were 17 years old. Under the framework of the PANDDH, the CNDH launched a national awareness-raising campaign against the marriage of minors.

Sexual Exploitation of Children: The age of consent is 18. The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Penalties for sexual exploitation of children under the criminal code range from two years’ to life imprisonment and fines from 9,550 dirhams ($1,000) to 344,000 dirhams ($36,100).

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 .

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

The constitution recognizes the Jewish community as part the country’s population and guarantees to each individual the freedom to “practice his religious affairs.” Community leaders estimated the size of the Jewish population at 3,000 to 3,500. Overall there appeared to be little overt anti-Semitism, and Jews generally lived in safety.

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

The law prohibits discrimination against persons with disabilities in employment, education, and access to health care. The law also provides for regulations and building codes that provide for access for persons with disabilities. The government did not effectively enforce or implement these laws and regulations. While building codes enacted in 2003 require accessibility for all persons, the codes exempt most pre-2003 structures, and authorities rarely enforced them for new construction. Most public transportation is inaccessible to persons with disabilities, although the national rail system offers wheelchair ramps, accessible bathrooms, and special seating areas. Government policy provides that persons with disabilities should have equal access to information and communications. Special communication devices for persons with visual or audio disabilities were not widely available.

The Ministry of Family, Solidarity, Equality, and Social Development has responsibility for protecting the rights of persons with disabilities and attempted to integrate persons with disabilities into society by implementing a quota of 7 percent for persons with disabilities in vocational training in the public sector and 5 percent in the private sector. Both sectors were far from achieving the quotas. The government maintained more than 400 integrated classes for children with learning disabilities, but private charities and civil society organizations were primarily responsible for integration.

The majority of the population, including the royal family, claimed some Amazigh heritage. Many of the poorest regions in the country, particularly the rural Middle Atlas region, were predominantly Amazigh and had illiteracy rates higher than the national average. Basic governmental services in this mountainous and underdeveloped region were lacking.

Article 5 of the constitution identifies Arabic and Tamazight as the official languages of the state, although Arabic predominates. Tamazight is one of three national Amazigh dialects. On July 25, parliament unanimously approved legislation mandating the standardization of the teaching of Tamazight in the public and private education systems for citizens. The law adopts Tifinagh (Amazigh script) as the script for Tamazight. Amazigh activists were disappointed that parliament did not incorporate some recommendations into the bill’s language, such as integrating Tamazight into other institutions beyond the Moroccan educational system. Activists also found the bill remains too vague in defining how government will ensure schools and the media apply the law. The legislation was pending review by the Constitutional Court because it is an organic law that implements provisions in the 2011 constitution. On August 2, parliament approved an education bill that encourages instruction in Tifinagh and foreign languages in schools.

Amazigh cultural groups contended they were rapidly losing their traditions and language to Arabization. The government offered Tamazigh language classes in some schools. Although the palace-funded Royal Institute of Amazigh Culture created a university-level teacher-training program to address the shortage of qualified teachers, Amazigh NGOs contended that the number of qualified teachers of regional dialects of Amazigh languages continued to decrease. The government reported, however, that the number of teachers employed to teach the official national Amazigh language has increased. Instruction in the Amazigh language is mandatory for students at the Ministry of Interior’s School for Administrators.

Amazigh materials were available in the news media and, to a much lesser extent, educational institutions. The government provided television programs in the three national Amazigh dialects of Tarifit, Tashelhit, and Tamazight. According to regulations, public media are required to dedicate 30 percent of broadcast time to Amazigh language and cultural programming. According to Amazigh organizations, however, only 5 percent of broadcast time was given to Amazigh language and culture.

The law criminalizes consensual same-sex sexual activity, with a maximum sentence of three years in prison for violations. According to a report by the Prosecutor General’s Office released in June, the state prosecuted 170 individuals in 2018 for same-sex sexual activity. Media and the public addressed questions of sexuality, sexual orientation, and gender identity more openly than in previous years. According to some human rights organizations, LGBTI victims of violence in high-profile cases from previous years continue to be harassed when recognized in public.

There were several attacks against individuals based on their sexual orientation or gender identity during the year, including on May 12, when media reported four individuals in Tiznit forcibly stripped and physically assaulted a man because of his sexual orientation. The seriously injured individual pressed charges against the alleged perpetrators of the attack. Local authorities arrested three of the four individuals and opened an investigation. One of the three individuals was over the age of 18 and was sentenced to six months in prison and a fine of 500 dirhams ($50) by a court of first instance; the charges on which he was prosecuted were unknown. The two others had their cases referred to a judge for crimes involving minors; these cases were pending in court at year’s end.

Antidiscrimination laws do not apply to LGBTI persons, and the penal code does not criminalize hate crimes. There was a stigma against LGBTI persons, including some reports of overt discrimination based on sexual orientation or gender identity in employment, housing, and health care.

Persons with HIV/AIDS faced discrimination and had limited treatment options. The Joint UN Program on HIV/AIDS (UNAIDS) reported that some health-care providers were reluctant to treat persons with HIV/AIDS due to fear of infection. According to UNAIDS, treatment coverage increased from 16 percent in 2010 to 48 percent in 2016, and the National Strategic Plan 20172021 commits the country to reduce new infections among key and vulnerable populations, eliminate mother-to-child transmission of HIV, reduce AIDS-related deaths, confront discrimination, and strengthen governance for an efficient response.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides workers with the rights to form and join unions, strike, and bargain collectively, with some restrictions.

The law prohibits antiunion discrimination and prohibits companies from dismissing workers for participating in legitimate union-organizing activities. Courts have the authority to reinstate workers dismissed arbitrarily and may enforce rulings that compel employers to pay damages and back pay. Trade unions complained that the government at times used the penal code to prosecute workers for striking and to suppress strikes.

The law prohibits certain categories of government employees, including members of the armed forces, police, and some members of the judiciary, from forming and joining unions and from conducting strikes. The law excludes migrant workers from assuming leadership positions in unions.

The government generally respected freedom of association and the right to collective bargaining. Employers limited the scope of collective bargaining, frequently setting wages unilaterally for most unionized and nonunionized workers. The law allows independent unions to exist but requires 35 percent of the employee base to be associated with a union in order that the union be represented and engage in collective bargaining. Domestic NGOs reported that employers often used temporary contracts to discourage employees from affiliating with or organizing unions. Unions can legally negotiate with the government on national-level labor issues. At the sectoral level, trade unions negotiated with private employers concerning minimum wage, compensation, and other concerns. Labor disputes were common and, in some cases, resulted from employers failing to implement collective bargaining agreements and withholding wages.

The law concerning strikes requires compulsory arbitration of disputes, prohibits sit-ins, and calls for a 10-day notice of a strike. The government may intervene in strikes. A strike may not occur over matters covered in a collective contract for one year after the contract commences. The government has the authority to disperse strikers in public areas not authorized for demonstrations and to prevent the unauthorized occupancy of private space. Unions may neither engage in sabotage nor prevent those individuals who were not on strike from working. In August the government introduced a law proposal to amend legal provisions on the right to strike; the proposal was subsequently withdrawn after it received heavy criticism from domestic and international labor unions.

The government did not adequately enforce labor laws due to a lack of inspection personnel and resources. Inspectors reported that their role as mediators of labor conflicts significantly limited the amount of time they can spend proactively inspecting worksites and remediating any violations they uncover. Inspectors do not have punitive power and cannot levy fines or other punishments. Upon action by the public prosecutor, the courts can force an employer to take remedial actions through a court decree. Penalties were not sufficient to deter violations. Enforcement procedures were subject to lengthy delays and appeals.

Most union federations affiliated with political parties, but unions were generally free from government interference.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and prescribes penalties of a fine for the first offense and a jail term of up to three months for subsequent offenses; these penalties were not sufficiently stringent to deter violations.

In 2018 the domestic workers law passed in 2016 went into effect. The law provides new protections to domestic workers, including limits on working hours and a minimum wage. Penalties for violating the law start with a fine and, in cases of repeated offenses, can include one to three months’ imprisonment.

In the past, authorities did not adequately enforce laws against forced or compulsory labor, although it was too soon to assess the impact of the new law. Labor inspectors did not inspect small workshops with fewer than five employees and private homes where many of such violations occurred, as the law requires a warrant or permission of the owner to search a private residence. The new law establishes a conciliation process for labor inspectors to handle disputes between domestic workers and their employers, but the law lacks time limits for a resolution. Labor inspectors reported that their small numbers, scarce resources at their disposal, and the broad geographic dispersion of sites limited their ability to enforce the law effectively.

Local NGOs reported that an undetermined number of vulnerable migrant domestic workers filed lawsuits against their former employers. The suits included significant indicators of potential trafficking abuses, such as withholding passports or wages. Information on disposition of the cases was not available.

Reports indicated that forced labor, especially of children, occurred (see section 7.c.).

For more information 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 establishes a minimum age for employment and the government enforced the law. In 2016 parliament passed a law that became effective in 2018 prohibiting children under the age of 16 from working as domestic servants and strictly limiting the work of children under the age of 18. The overwhelming majority of child laborers worked in rural areas, according to the government’s statistical agency, the High Planning Commission. Punishments for violations of the child labor laws include criminal penalties, civil fines, and withdrawal or suspension of one or more civil, national, or family rights, including denial of legal residence in the country for five to 10 years. Penalties were not sufficient to deter violations. The Ministry of Labor and Vocational Integration continued to conduct child labor inspections in the formal economy across the country, but the government reported it remained concerned about child labor violations in the informal sector, including potential forced child labor crimes. The government reported that, overall, labor inspections suffered from insufficient personnel and resources to address child labor violations, including potential child trafficking crimes, throughout the country. Furthermore, there was no national focal point to submit complaints about child labor or forced child labor and no national mechanism for referring children found during inspections to appropriate social services.

The labor code does not apply to children who work in the traditional artisan or handicraft sectors for businesses with fewer than five employees or to those who work on private farms or in residences. Some children became apprentices before they were 12, particularly in small, family-run workshops in the handicraft industry and in the construction industry and mechanic shops. Children also worked in hazardous occupations as designated by law (see section 7.e.). These included fishing and, in the informal sector, in textiles, light manufacturing, and traditional handicrafts. Children’s safety, health conditions, and wages were often substandard.

The law does not prohibit all of the worst forms of child labor. The law does not specifically prohibit the use, procuring, or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In some cases employers subjected children to the worst forms of child labor, including commercial sexual exploitation, sometimes as the result of human trafficking (see section 6, Children); forced domestic work, sometimes as the result of human trafficking; and forced labor in the production of artisan products and construction.

For more information 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 labor code prohibits discrimination against persons in employment and occupation based on race, religion, national origin, color, sex, ethnicity, or disability, including physical, sensory, intellectual, and mental disability. The law does not address age or pregnancy.

Discrimination occurred in all categories prohibited by law, as the government stated that it lacked sufficient human and financial resources to enforce the laws effectively. Migrant worker organizations reported that some migrants experienced discrimination in hiring, wages, or conditions of employment.

e. Acceptable Conditions of Work

The minimum wage was above the poverty line. The law provides for a 44- to 48-hour maximum workweek with no more than 10 hours work in a single day, premium pay for overtime, paid public and annual holidays, and minimum conditions for health and safety, including limitations on night work for women and minors. The law prohibits excessive overtime.

Occupational health and safety standards, reviewed and enforced by the Ministry of Employment and Vocational Integration, are rudimentary, except for a prohibition on the employment of women and children in certain dangerous occupations. The law prohibits persons under the age of 18 from hazardous work in 33 areas, including working in mines, handling dangerous materials, transporting explosives, and operating heavy machinery.

Many employers did not observe the legal provisions regulating conditions of work. The government did not effectively enforce basic provisions of the labor code, such as payment of the minimum wage and other basic benefits under the National Social Security Fund. The country’s labor inspectors reported that although they attempted to monitor working conditions and investigate accidents, they lacked adequate resources, preventing effective enforcement of labor laws. Penalties were generally not sufficient to deter violations.

According to NGOs no major workplace accidents occurred during the year. There were, however, numerous media reports of accidents, sometimes fatal, on construction sites that had substandard standards or lacked safety equipment. In the formal sector, workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in such situations.

Tunisia

Executive Summary

Tunisia is a constitutional republic with a multiparty, unicameral parliamentary system and a president with powers specified in the constitution. During the year the country held parliamentary and presidential elections in the first transition of power since its first democratic elections in 2014. On October 6, the country held open and competitive parliamentary elections that resulted in the Nahda Party winning a plurality of the votes, granting the party the opportunity to form a new government. President Kais Saied, an independent candidate without a political party, came to office on October 23 after winning the country’s second democratic presidential elections. On July 25, President Caid Essebsi died of natural causes and power transferred to Speaker of Parliament Mohamed Ennaceur as acting president for the three months prior to the election of President Saied on October 13.

The Ministry of Interior holds legal authority and responsibility for law enforcement. The ministry oversees the National Police, which has primary responsibility for law enforcement in the major cities, and the National Guard (gendarmerie), which oversees border security and patrols smaller towns and rural areas. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included reports of unlawful or arbitrary killings, primarily by terrorist groups; allegations of torture by government agents, which reportedly decreased during the year; arbitrary arrests and detentions of suspects under antiterrorism or emergency laws; undue restrictions on freedom of expression and the press, including criminalization of libel; corruption, although the government took steps to combat it; societal violence and threats of violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and criminalization of consensual same-sex sexual conduct that resulted in arrests and abuse by security forces.

The government took steps to investigate officials who allegedly committed abuses, but investigations into police, security force, and detention center abuses lacked transparency and frequently encountered long delays and procedural obstacles.

Section 2. Respect for Civil Liberties, Including:

Although government officials acknowledged a Ministry of Justice effort to review and revise the 1968 code of criminal procedures (CPP) and the 1913 Penal Code to comply with the 2014 constitution, activists and members of civil society expressed concern with the slow pace of reforms. Apart from a few discrete modifications to sections governing rape and pretrial detention, no changes have been made to the penal code since the country became a democracy, leading authorities to enforce provisions of the penal code that appear to contradict with the rights and freedoms protected in the constitution. For the CPP, however, the government has introduced notable changes, including the introduction of alternatives to incarceration and probation, reorganization of Judicial Police and moving the Office of the Judicial Police under the authority of the Ministry of Justice and a more refined definition of flagrante delicto, obvious offense. As of October the independent committee of experts in charge of amending these two criminal codes submitted revisions to the CCP to the Justice Ministry, enabling the ministry to prepare the draft law to parliament for review and adoption. The penal code project remained under review.

Civil society activists continue to cite the lack of a constitutional court as hindering efforts to align existing legislation with the 2014 constitution and international human rights norms, particularly legislation pertaining to individual freedoms and fundamental rights.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government mainly respected this right, although there were constraints. An independent press and a functioning democratic political system contributed to an environment generally conducive to this freedom. Some media outlets and civil society expressed concerns about occasional government interference in media and the concentration of media ownership in the hands of a few political parties or families.

Freedom of Expression: Public speech considered offensive to “public morals” or “public decency,” terms undefined in the law, continued to be treated as criminal acts. Provisions of the penal and telecommunications codes, for example, criminalize speech that causes “harm to the public order or public morals” or intentionally disturbs persons “in a way that offends the sense of public decency.”

HRW issued a statement on October 15 asserting, “Tunisian authorities are using laws on criminal defamation, ‘spreading false information,’ and ‘harming others via public telecommunications networks’ to prosecute people for their online commentary.” HRW cited the example of Yacine Hamdouni, a civil servant who was sentenced to six months in prison for having accused a senior security official of corruption in several social media posts. The Tunis First Instance Court that heard Hamdouni’s case convicted him on June 6 for having disseminated “false information,” accusing officials of wrongdoing without providing proof, and “harming others via public telecommunication networks.” The court sentenced him originally to one year in prison, but this sentence was reduced to six months on appeal. According to HRW, Hamdouni remained detained in the Mourneguia prison as of October.

In another example, in December 2018, the First Instance Court of Kairouan sentenced a civil society activist to three months in prison for insulting the president. The activist allegedly wrote an insulting message on a public wall in Kairouan.

Press and Media, Including Online Media: Activists expressed concern about government interference in media and the concentration of media ownership. NGOs stated the penal code and military justice codes, were used to target journalists, lawyers, and civil society activists. The codes criminalize defamation, false allegations against members of an administrative or judicial authority, and attacks against the “dignity, reputation, or morale of the army.”

On March 14, the investigative judge for the First Instance Court of Tunis prevented the dissemination of two television shows investigating a public-health scandal. The judge ruled these shows would impede an ongoing investigation, but critics characterized the injunction as a violation of free speech.

Violence and Harassment: Violence and harassment against journalists continued, according to human rights organizations. In its annual 2019 report, the Tunisian Union of Journalists (SNJT) warned of an increase in incitement and threats against journalists from citizens who hold media responsible for the deteriorating economic and social situation. Between February 2018 and April 2019, the SNJT reported 139 incidents of verbal, physical assaults, and intimidation against journalists. The SNJT cited public-service employees as primarily responsible for these incidents, followed by security forces and government officials. The SNJT reported an additional 39 instances of physical aggression against journalists between July and September, with the majority of these instances taking place during the September 15 elections with heads of polling stations forcibly removing media from polling stations or otherwise limiting their access to report on the electoral process.

Censorship or Content Restrictions: The government penalized individuals who published items counter to government guidelines or who published items deemed to defame government officials.

Libel/Slander Laws: Various civil society organizations expressed concern about the use of criminal libel laws to stifle freedom of expression. The 2017 adoption of decree laws maintaining the separation between protection of freedom of expression and regulation of the communications and media sector rolled back the prerevolution regime of censorship and secrecy; however, many media actors and activists expressed concern that these decree laws did not go far enough to protect press freedoms and freedom of expression and did not comply with the country’s international obligations.

In August 2018 authorities charged blogger Amina Mansour with violating Article 128 of the penal code and Article 86 of the telecommunications code. The former refers to accusing public officials of crimes without providing proof of their guilt, while the latter covers “willfully and knowingly harming others or disturbing them via public telecommunications networks.” Mansour had posted a message on her Facebook page accusing Prime Minister Youssef Chahed of promoting “criminals in the customs agency.” The court sentenced Mansour to a suspended sentence of two months in prison. She appealed the ruling, and as of September her appeals case continued.

The government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without legal authority. There was no censorship of websites, including those with pornographic content, with the exception of websites linked to terrorist organizations.

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

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government did not always respect the right of association. The state of emergency law grants the government the right to limit the right of assembly, although the government rarely applied this law during the year.

A 2018 law mandated the establishment of a more comprehensive business registration system, including the creation of a National Center for Business Registry (CNRE), with the aim to combat terrorism finance and money laundering that also included requirements for nonprofit associations to submit financial data to a newly created registry. Formally established on February 5, the CNRE is responsible for collecting and maintaining the financial and administrative data of all “economic actors,” including nonprofit associations. The center also ensures implementation of the new law and reinforces intelligence tools to eliminate economic crimes. There are CNRE offices in Tunis, Sousse, Sfax, and Nabeul that serve as independent institutions under the Prime Minister’s Office. Since February the CNRE has trained professional associations that support companies and civil society organizations to comply with the new business registration system requirements. The deadline for economic actors to register with this new system was September 10.

The law provides for the right of freedom of association, but the government did not always respect it. A 2011 law on associations eliminated penalties in the previous law, as well as the prohibition on belonging to, or serving in, an unrecognized or dissolved association. The law eased the registration procedure, reducing opportunities for government entities to hinder or delay registration. According to the 2011 law, only the judiciary has the authority to suspend or dissolve an association. Several independent monitoring organizations asserted, however, that the government delayed registration of associations through unnecessary bureaucratic hurdles, at times for political reasons, a practice counter to the law.

On June 24, UN Special Rapporteur on Rights to Freedom of Association and Peaceful Assembly Clement Nyaletsossi Voule presented the findings from an official visit to the country in September 2018, noting his concern that the inclusion of civil society organizations in the National Enterprise Registry created an unfavorable environment for civil society by imposing a new registration system on civil society organizations. The report noted there were more than 21,500 registered associations in the country.

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, and the government generally respected these rights. Following the April clashes in Tripoli, the government allowed the free movement of Libyans and other nationals crossing into Tunisia.

In-country Movement: In 2018 local NGO Observatory for Rights and Freedoms (ODL) estimated that more than 100,000 individuals were on a border-control order list known as “S17.” Originally created as an “advance consultation” watch list, the S17 procedure identifies individuals requiring additional screening at border checkpoints on security-related grounds. Although the list was established to inform border agents of these individuals’ potential travel outside of the country, civil society groups report that the Ministry of Interior continued to restrict some individuals’ internal travel as well.

Based on feedback from citizens and civil society organizations, the Ministry of Interior prepared new guidelines at the end of 2018 for the application of the S17 procedure to ensure it complies with the constitution and is not used to restrict internal travel. During a February 7 parliamentary hearing, the Director General of Human Rights for the Ministry of the Interior, Mohamed Ali Khaldi, stated the judiciary reviewed 800 cases related to the application of this border-control measure and that 51 individuals successfully appealed to remove their names from this list. Khaldi also noted the ministry adopted new procedures to address concerns by individuals who believe they were mistakenly included on the list.

Amnesty International reported the Ministry of Interior’s efforts to improve its S17 procedures led to improvements in in-country movement. According to the ODL, however, despite a court order to the contrary, the Ministry of Interior refused to grant individuals access to the orders that led them to be included on the S17 list. Even in the case of a court-mandated suspension or lifting of the travel restrictions, some individuals have remained on the list.

Foreign Travel: The law requires that authorities promptly inform those affected by travel restrictions or who have had their passports seized of the reasons for these decisions. In addition the law provides that the affected individuals have the right to challenge the decision and sets a maximum of 14 months during which their travel can be restricted before requiring another court order. Human rights groups noted that authorities did not consistently apply the law and that security forces did not always respect court decisions to reverse travel restrictions. Amnesty International reported, however, that the Ministry of Interior’s efforts to improve its S17 procedures enabled some individuals on the S17 list to obtain their passports and travel internationally with a court order.

Not applicable.

f. Protection of Refugees

Access to Asylum: The country does not have a law for granting asylum or refugee status. The Ministry of Interior noted it coordinated regularly with UNHCR in spite of the absence of this legal framework. Pending the creation of a legal framework, UNHCR is the sole entity conducting refugee status determination. UNHCR provided assistance to registered refugees for primary medical care and, in some cases, basic education. The government granted access to schooling and basic public-health facilities for registered refugees. UNHCR reported that as of September it registered 1,489 newly registered asylum seekers and refugees, bringing to 2,729 the total of persons of concern in the country.

Not applicable.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. It prescribes the creation of a constitutional court whose authority includes overseeing the constitutionality of draft laws and acknowledging permanent or temporary vacancies in the office of the president. Parliament advanced the establishment of the court in March by nominating one of the nine court members but could not reach an agreement on the remaining candidates for the court. Legal scholars stress that there remains the potential for a constitutional crisis given differing legal interpretations of constitutional provisions that require the court’s action. In one example during the year, political leaders agreed to a solution to ensure a peaceful transition of power following the death of former president Beji Caid Essebsi in July but did not resolve the underlying ambiguity created by the lack of a constitutional court.

Recent Elections: Citizens exercised their ability to vote in legislative and presidential elections that observers characterized as generally open, competitive, and well run. Officials reported that approximately 3.9 million persons voted in the second round of presidential elections on October 13, placing the turnout at 55 percent. Official elections observers generally agreed these elections were successful with no widespread fraud, violence, or attempts to undermine the credibility of the results. In addition observers’ overall assessment was that the process for both elections was satisfactory, transparent, and valid, despite detailing faults with certain technical aspects of the electoral process and some electoral law violations. International observers expressed concern that the arrest and detention of one of the presidential candidates, Nabil Karoui, denied him an equal opportunity to campaign for both the presidential and parliamentary elections, a right guaranteed by the electoral law. Authorities arrested Karoui after a court ordered his detention in a 2016 case involving money laundering and tax evasion charges. Without a conviction and court order to specifically restrict his candidacy, Karoui remained on the ballot for the September 15 presidential elections. Ranking second in the elections with 15.6 percent of the votes, Karoui proceeded to the runoff election on October 13.

The courts denied Karoui’s bail request on four separate occasions: September 3, September 13, September 18, and October 1, citing lack of jurisdiction. Karoui and his political party, Qalb Tounes (Heart of Tunisia), argued that his continued detention was politically motivated to limit his party’s success and to exclude his participation in the presidential elections.

The Court of Cassation issued a judgement on October 9 ordering Karoui’s release and citing procedural errors in his original detention. Although Karoui was released prior to the October 13 elections and appeared in a televised debate with his opponent Kais Saied on October 11, international observers expressed concern that the timing of his detention and release appeared, on the surface, to be politically motivated, or at least influenced by the electoral calendar.

Judicial authorities stressed that Karoui’s arrest complied with established procedures and the timing of his arrest did not take into consideration political calculations or the electoral timeline.

Political Parties and Political Participation: As of September the country had 221 registered political parties. Political parties obtained the highest number of seats in the new parliament compared with independents and coalition lists. Authorities rejected parties that did not receive accreditation due to incomplete applications or because their programs were inconsistent with laws prohibiting discrimination and parties based on religion. Out of a total of 97 candidates for the presidential elections, the Independent High Authority for Elections (ISIE) accepted 26 candidates and rejected 71 for failing to meet the candidacy criteria.

During the presidential and legislative elections, the ISIE granted accreditations to more than 33,000 observers representing candidates, international observation missions, and local organizations. More than 18,000 local observers received accreditation. Local observer organization Mourakiboun reported that the majority of its observers were authorized access to polling stations without restriction, with access improving with each of the three elections. By the October 13 presidential election, 99 percent of Mourkiboun’s observers reported unrestricted access. Other local observer groups noted similar improvements to their access.

Participation of Women and Minorities: No laws limit participation of women or members of minority communities in the political process, and they did participate, including two women who ran for president during the first round of presidential elections on September 15. Women’s representation decreased from 35 percent to 23 percent in the newly elected parliament, with only 54 female Members of Parliament elected on October 6, down from 68 elected in 2014. In a first for Tunisia, one openly gay candidate submitted his candidacy for president, although he ultimately did not meet the endorsement requirements to qualify for the election.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took some preliminary steps to implement these laws.

Corruption: The National Authority for the Combat Against Corruption (INLUCC), an independent body charged with investigating and preventing corruption and drafting policies to combat corruption, continued to process corruption cases. During a March 16 press conference, INLUCC President Chawki Tabib said 205 cases had been referred to the judiciary. Tabib added that it takes seven to 10 years on average for the corruption cases to be processed in the judicial system and that this long processing time gives the impression to the public that it is “useless” to attempt to hold corrupt persons accountable.

In the summer INLUCC opened renovated regional offices in Gabbes, Gafsa, Jendouba, Medenine, and Tozeur to assist citizens outside of Tunis in reporting corruption to the body.

In 2018 the Tunisian Financial Analysis Committee, which operates under the auspices of the Central Bank as a financial intelligence unit, announced that it froze approximately 200 million dinars ($70 million) linked to suspected money-laundering transactions. The committee received approximately 600 reports of suspicious transactions related to corruption and illicit financial flows during the year.

On October 1, the Public Prosecutor’s Office at the Judicial Counterterrorism Division announced its decision to close the case against businessman Chafik Jarraya for “plotting against national security.” In 2017 the government arrested Jarraya and seven other prominent businessmen, including two former customs officials, on allegations of smuggling, embezzlement, conspiracy against the safety of the state, and complicity with a foreign government. With the October ruling, Jarraya and the other defendants were acquitted of national security charges but must remain in detention pending the conclusion of the investigation into the smuggling and embezzlement allegations.

Financial Disclosure: The constitution requires those holding high government offices to declare assets “as provided by law.” In 2018 parliament adopted the Assets Declaration Law, identifying 35 categories of public officials required to declare their assets upon being elected or appointed and upon leaving office. By law INLUCC is then responsible for publishing the lists of assets of these individuals on its website. In addition the law requires other individuals in specified professions that have a public role to declare their assets to INLUCC, although this information would not be made public. This provision applies to journalists, media figures, civil society leaders, political party leaders, and union officials. The law also enumerates a “gift” policy, defines measures to avoid conflicts of interest, and stipulates the sanctions that apply in cases of illicit enrichment.

On August 23, INLUCC reported that only 1,877 associations out of a total of 17,772 and only 34 of 219 political parties registered in 2018 declared their assets as required by this new law. It reported that 22,884 individuals representing civil society organizations and 538 individuals representing political parties declared their assets. INLUCC reported that all but three of the 217 Members of Parliament declared their assets. INLUCC did not report the number of other government officials who declared their assets according to the law.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights groups investigated and published without government restriction their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The government’s primary agency to investigate human rights violations and combat threats to human rights is the Ministry of Justice. Human rights organizations contended, however, that the ministry failed to pursue or investigate adequately alleged human rights violations. Within the President’s Office, the High Committee for Human Rights and Fundamental Freedoms is a government-funded agency charged with monitoring human rights and advising the president on related topics. The minister in charge of Relations with Constitutional Bodies, Civil Society, and Human Rights has responsibility for coordinating government activities related to human rights, such as proposing legislation, representing the government before international bodies such as the UN Human Rights Council, and preparing human rights reports.

The independent transitional justice Truth and Dignity Commission (IVD), established in 2014 to investigate gross violations of human rights committed by the government or those who acted in its name from 1955 to 2013, concluded its mandate in 2018. On March 25, the IVD published the final report of the commission’s findings and activities. The report’s five volumes document the commission’s findings pertaining to claims of gross violations of human rights committed between July 1955 and December 2013. It also made recommendations how to guarantee nonrepetition of these human rights violations, including through the “preservation of memory,” reconciliation, and institutional reforms. The law requires the government to prepare an action plan to implement these recommendations within one year of the publication of the IVD’s final report. President Kais Saied met with IVD President Sihem Ben Sedrine on October 30 to discuss the commission’s recommendations on the reform of state institutions and the fight against corruption, although as of December the government had not yet begun work on an action plan.

In 2018 the specialized criminal courts (SCCs) in charge of investigating cases for gross human rights violations reviewed 38 cases and conducted 108 hearing sessions. As of September the SCCs continued to hear transitional justice cases originally brought forward by the IVD, but activists expressed concern about lack of strong government support to the courts, the slow pace of the hearings, and a lack of media attention on both the report and the SCCs’ efforts to prosecute cases of gross violations referred by the IVD. Activists reported that police unions refused to cooperate with the SCCs and did not support requests to deliver subpoenas or other court requests. Without the support of the security forces, activists said some judges feared for their personal safety, with one judge resigning after being threatened.

The government established the INPT in 2013 to respond to allegations of torture and mistreatment (see section 1.c.).

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

Rape and Domestic Violence: The law broadly defines violence against women as “any restriction denying women equality in the civil, political, economic, social, or cultural domains.” The 2018 law criminalizing gender-based violence adds or updates articles in the penal code to meet international best practices. It criminalizes incest, sexual harassment of women in public places, and gender discrimination.

Laws prohibiting domestic violence provide penalties for assault committed by a spouse or family member that are double those of an unrelated individual for the same crime, but enforcement was rare, and domestic violence remained a serious problem. The law provides penalties for domestic violence and allows women to seek restraining orders against their abusers without filing a criminal case or filing for divorce. The Ministry of Women, Family, Childhood and Senior Citizens established a national hotline for victims of violence. There were five centers dedicated to providing assistance to female victims of violence, one managed by the ministry and four by civil society organizations.

On May 22, Minister of Women, Family, Childhood, and Senior Citizens (MWFCS) Neziha Laabidi said that authorities annually receive an average of 40,000 complaints of domestic violence brought by women against their husbands. Civil society representatives said many incidents go unreported.

Rape remained a taboo subject, and cultural pressures often dissuaded victims from reporting sexual assault. There were no government public education programs on domestic violence, including rape. Victims received services at two dozen social centers throughout the country, in addition to the five centers dedicated to victims of gender-based violence.

On June 10, the First Instance Court of Tunis sentenced five individuals to life in prison for raping a 27-year-old woman. During the trial the defendants confessed to their crime, which took place in 2017 in the governorate of Manouba.

Sexual Harassment: The 2018 gender-based violence law includes a revised article related to sexual harassment. It allows up to a two-year sentence for the harasser and a 5,000-dinar ($1,740) fine, instead of the previous one year in prison. The law further clarifies that sexual harassment can include any act, gesture, or words with sexual connotation. The punishment is doubled if the victim is a child or the perpetrator has authority over the victim.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution and law explicitly prohibit discrimination based on race, gender, disability, language, or social status, and the government generally enforced these prohibitions. Women faced societal rather than statutory barriers to their economic and political participation. Codified civil law is based on the Napoleonic code, although on occasion, judges drew upon interpretations of sharia (Islamic law) as a basis for customary law in family and inheritance disputes.

Newly married couples must state explicitly in the marriage contract whether they elect to combine their possessions or to keep them separate. Sharia inheritance law in some instances provides men with a larger share of an inheritance. Some families avoided the application of sharia by executing sales contracts between parents and children to ensure that daughters received shares of property equal to those given sons. Non-Muslim women and their Muslim husbands may not inherit from each other, unless they seek a legal judgement based on the rights enshrined in the constitution. The government considers all children of those marriages to be Muslim and forbids those children from inheriting from their mothers. Spouses may, however, freely give up to one-third of their estate to whomever they designate in their will.

The law explicitly requires equal pay for equal work, and the government generally enforced it. The law allows female employees in the public sector to receive two-thirds of their full-time salary for half-time work, provided they have at least one child younger than age 16 or a child with special needs, regardless of age. Qualifying women may apply for the benefit for a three-year period, renewable twice for a maximum of nine years. Societal and cultural barriers significantly reduced women’s participation in the formal labor force, particularly in managerial positions. Women in the private sector earned on average one-quarter less than men for similar work. The 2018 law on gender-based violence contains provisions aimed at eliminating the gender-based wage gap.

Birth Registration: Citizenship is derived by birth from one’s parents, and the law provides for a period of 10 days to register a newborn. Thereafter, parents have 30 days to explain why they failed to register a newborn and complete the registration. Female citizens can transmit citizenship on an equal basis with male citizens, and there is no discrimination between a mother and father regarding passport application and authorization to leave the country.

Early and Forced Marriage: The minimum age for marriage for both sexes is 18, but the courts may, in certain situations, authorize the marriage of persons younger than 18 upon the request and approval of both parents.

Sexual Exploitation of Children: Anyone who has sexual relations with a child younger than age 16 is subject to 20 years in prison with the possibility for a life sentence due aggravating circumstances, including incest or the use of violence. Under previous laws, intercourse with a girl younger than 15 without the use of violence was punishable by six years in prison; the 2018 law raised the age of consent to 16, and removed a clause in the legal code that allowed the court to drop the charges of sex with a minor if the perpetrator agreed to marry the victim, with the approval of her parents. The law prohibits child pornography. UNICEF reported that one in four children live in poverty and that 88 percent of children ages one to 14 are subjected to physical, verb, or psychological violence in their homes and at school. The MWFCS reported to media on October 17 that during the year it received approximately 17,000 notifications related to child abuse cases, which the ministry attributed to “growing awareness among citizens about the need to denounce perpetrators of violence.”

On January 31, authorities closed an unlicensed, privately run Quranic school in Regueb, Sidi Bouzid Governorate and arrested its director and administrators on charges of human trafficking, polygamy, and suspicion of belonging to a terrorist organization. Authorities reported many of the children were mistreated and were the victims of economic and sexual abuse. On the same day as the closure, the public prosecutor initiated an investigation into the allegations of child exploitation, and a family judge ordered the transfer of the children to a state-run center in Tunis specializing in caring for children who were victims of abuse. In July the court sentenced one adult male who was affiliated with the school to 20 years in prison on charges of child sexual abuse.

On March 12, the MWFCS reported that a teacher in Sfax was accused of sexually abusing 20 elementary school students. The ministry announced it would provide the children with psychological support. Subsequent to these allegations, the Ministry of Education indicated the initial investigation revealed that these crimes took place outside of the school and that, as a result, the ministry would suspend any teacher providing private classes outside of the educational framework. Media later reported that authorities issued an arrest warrant against the teacher, although as of September there were no updates to the investigation.

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

An estimated 1,400 Jews lived in the country. In September the Aleph Institute, an international Jewish organization that assists individuals in prisons, expressed concern about possible anti-Semitic treatment of two Jewish detainees. In one case, the Aleph Institute reported Ilane Racchah has been detained since July 2018 without a trial and that the investigative judge on his case posted to social media comments that appear anti-Semitic. Although prison officials allowed his family to bring him kosher meals, the normal visiting hours precluded the family from visiting Racchah on Sabbath or Jewish holidays and prevented the family from bringing him Jewish religious materials.

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

Since 1991 the law requires all new public buildings to be accessible to persons with physical disabilities, and the government generally enforced the law. Persons with physical disabilities did not have access to most buildings built before 1991. The government did not ensure information and communications were accessible for persons with disabilities.

The Ministry of Social Affairs is charged with protecting the rights of persons with disabilities. The government issued cards to persons with disabilities for benefits such as unrestricted parking, free and priority medical services, free and preferential seating on public transportation, and consumer discounts. In general public buses and trains are ill suited and not easily accessible to persons with disabilities. As of July 1, for the first time, authorities permitted persons with disabilities to obtain a driver’s license from their area of residence rather than the capital.

The government provided tax incentives to companies to encourage the hiring of persons with physical disabilities. There were approximately 300 government-administered schools for children with disabilities, at least five schools for blind pupils, one higher-education school, and one vocational training institution. The Ministry of Social Affairs managed centers that provided short- and long-term accommodation and medical services to persons with disabilities who lacked other means of support. On July 29, the ministry announced it would hire 226 persons with disabilities to work in the public sector.

The Ibsar Association, which works to promote rights for all persons with disabilities, estimated that fewer than one-third of persons with disabilities hold a government-issued disability card, which entitles the holder to a monthly government stipend of 120 dinars ($41.70).

One of the biggest challenges for persons with disabilities, according to Ibsar, was a lack of access to information through education, media, or government agencies. There were very limited education options or public-sector accommodations for persons with hearing or visual disabilities. There were no schools for children with hearing disabilities, and Ibsar estimated that more than 90 percent of persons with hearing disabilities were illiterate. For children with physical disabilities, infrastructure continued be a major hurdle to their social inclusion, as few buildings or cities are accessible to persons with physical disabilities or reduced mobility.

For the national elections, ISIE worked with civil society organizations to prepare electoral handbooks in braille and to develop elections-related materials in sign language, including a mobile application that standardizes signed vocabulary and phrases related to elections. Civil society observer groups noted ISIE increased its efforts to ensure accessibility to persons with disabilities but that there continued to be a need for effective, timely voter education programs targeted at persons with disabilities and their families.

In October 2018 parliament adopted a law against all forms of racial discrimination, including “all distinction, exclusion, restriction, or preference based on race, color, origin, heritage, or all other forms of racial obstruction, obstacle, or deprivation of rights and liberties or their exercise.” The law penalizes acts of racial discrimination with up to three years in prison and a 1,000-to 3,000-dinar ($347 to $1,040) fine for an individual and a 5,000- to 15,000-dinar ($1,740 to $5,220) fine for a legal entity.

On February 5, a court in Sfax sentenced a woman to a three-month suspended prison sentence and a 300-dinar ($104) fine for using racial slurs to insult her daughter’s black teacher. The court added an additional two-month suspended prison sentence and a 100-dinar ($35) fine for insulting a public official exercising his official duties. This was the first court sentence issued under the law criminalizing racial discrimination.

In December 2018 Falikou Coulibaly, president of the Association of Ivoirians in Tunisia, was killed during a robbery in a suburb of Tunis. Hundreds of Ivorian nationals demonstrated in Tunis to protest Coulibaly’s murder in what they characterized as a racist attack. Then minister in charge of relations with constitutional bodies, civil society, and human rights Mohamed Fadhel Mahfoudh told media, “It is not clear yet if this is a racist criminal act, but an investigation is ongoing. We are against any act of racism.”

The law criminalizes sodomy. Convictions carry up to a three-year prison sentence. According to NGOs, authorities occasionally used the law against sodomy to detain and question persons about their sexual activities and sexual orientation, reportedly at times based on appearance alone. In some instances NGOs reported that LGBTI individuals were targeted under the article of the penal code that criminalizes “infringement of morality or public morals,” which carries a penalty of six months in prison and a fine of 1,000 dinars ($347).

LGBTI individuals continued to face discrimination and violence, including death and rape threats, although societal stigma and fear of prosecution under sodomy laws discouraged individuals from reporting problems. On July 18, the First Instance Court of Sousse sentenced two young men to 18 months in prison each under Article 230 of the 1913 Penal Code that criminalizes same-sex relations. According to Shams Association, one of the accused reported being the victim of sexual harassment while in detention due to his sexual orientation.

Human rights organizations and LGBTI-focused NGOs stated that judges continued to sentence individuals to jail under the sodomy law, and since judges often assumed guilt of individuals who refused to submit voluntarily to an exam, individuals felt coerced to submit to anal examinations. On May 17, a coalition of NGOs, the Civil Collective for Individual Liberties, called on the government to accelerate the establishment of the Constitutional Court as a guarantor of rights, decriminalize consensual same-sex conduct, end forced or coerced anal examinations, recognize the rights of transgender people, and end harassment of LGBTI-rights organizations. The collective noted, “despite the commitment by Tunisian authorities since 2017 not to resort to the use of anal examinations, courts continue to order this practice.”

No laws restrict freedom of expression, association, or peaceful assembly for those speaking out about LGBTI issues. Nevertheless, in February the government appealed a 2016 court ruling overturning the government’s complaint that the Shams Association’s charter did not allow it to explicitly advocate for gay rights. Adding to its 2016 case, the government stated, “the Tunisian society rejects homosexuality culturally and legally,” and that the Shams Association violated Article 3 of Decree Law 3 “by conducting activities that contradict Tunisia’s laws and culture.” On May 17, the Tunis Court of Appeals ruled in favor of the Shams Association, noting that Shams did not violate the law by advocating for LGBTI rights.

During the year a small number of politicians offered support for increased rights for members of the LGBTI community. In October 2018, 10 Members of Parliament submitted a draft bill proposing decriminalization of homosexuality, recognition of gender identity, and penalization of homophobia. In a February 11 media interview, Nahda Party leader Lotfi Zitoun condemned the continued use of anal examinations as a violation of human rights and individual dignity. On April 3, the president of the Machrou Tounes party, Mohsen Marzouk, met representatives from the Shams Association and publicly expressed his support for LGBTI rights.

There continued to be no information on official discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides workers with the right to organize, form, and join unions, and bargain collectively. The law allows workers to protest, provided they give 10 days’ advance notice to their federations and receive Ministry of Interior approval. Workers may strike after giving 10 days’ advance notice. The right to strike extends to civil servants, with the exception of workers in essential services “whose interruption would endanger the lives, safety, or health of all or a section of the population.” The government did not explicitly stipulate which services were “essential.” Authorities largely respected the right to strike in public enterprises and services. The law prohibits antiunion discrimination by employers and retribution against strikers. The government generally enforced applicable laws.

Conciliation panels with equal labor and management representation settled many labor disputes. Otherwise, representatives from the Ministry of Social Affairs, the Tunisian General Labor Union (UGTT), and the Tunisian Union for Industry, Commerce, and Handicrafts (UTICA) formed tripartite regional commissions to arbitrate disputes. Observers generally saw the tripartite commissions as effective.

Unions rarely sought advance approval to strike. Wildcat strikes (those not authorized by union leadership) occasionally occurred throughout the year. Sector-based unions carried out some strikes and sit-ins, such as those in education, security services, health services, and extractive industries. Even if they were not authorized, the Ministry of Interior tolerated most strikes.

In November 2018, after the UGTT and the government failed to reach an agreement over salary increases for public-sector employee, the UGTT organized a nationwide general strike of approximately 670,000 public-sector workers. On January 17, the UGTT led another nationwide public-sector strike to continue to put pressure on the government. Ministry of Interior officials estimated that 7,000 gathered in front of the UGTT headquarters in Tunis, while an additional 6,000 marched in Sfax, 4,000 in Sousse, and 2,000 in Beja. Media reported no incidents of violence or conflict with local authorities.

The UGTT alleged antiunion practices among private-sector employers, including firing of union activists and using temporary workers to deter unionization. In certain industries, such as textiles, hotels, and construction, temporary workers continued to account for a significant majority of the workforce. UTICA, along with the government, maintained an exclusive relationship with the UGTT in reaching collective bargaining agreements. The government held organized collective social negotiations only with the UGTT and UTICA. Representatives from the General Confederation of Tunisian Labor and the Union of Tunisian Workers complained their labor organizations were ignored and excluded from tripartite negotiations.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced and compulsory labor and provides for penalties of up to 10 years’ imprisonment for capturing, detaining, or sequestering a person for forced labor. The government effectively enforced most applicable codes dealing with forced labor. While penalties were sufficient to deter many violations, transgressions still occurred in the informal sector.

Some forced labor and forced child labor occurred in the form of domestic work in third-party households, begging, street vending, and seasonal agricultural work (see section 7.c.).

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 generally prohibits the employment of children younger than age 16. Persons younger than 18 are prohibited from working in jobs that present serious threats to their health, security, or morality. The minimum age for light work in the nonindustrial and agricultural sectors during nonschool hours is 13. Children between the ages of 14 and 16 may work no more than two hours per day. The total time that children spend at school and work may not exceed seven hours per day. Workers between the ages of 14 and 18 must have 12 hours of rest per day, which must include the hours between 10 p.m. and 6 a.m. The law to prevent trafficking in persons provides for penalties that are adequate to deter violations.

Labor inspectors from the Ministry of Social Affairs monitored compliance with the minimum-age law by examining employee records. According to ministry officials, the labor inspectorate did not have adequate resources to monitor fully the informal economy, officially estimated to constitute 38 percent of the gross domestic product. According to World Bank statistics, the informal sector employed more than 54 percent of the total workforce, more than half of which was women. Occasionally, labor inspectors coordinated spot checks with the UGTT and the Ministry of Education.

Children were subjected to commercial sexual exploitation and used in illicit activities, including drug trafficking.

The Ministries of Employment and Vocational Training, Social Affairs, Education, and Women, Family, Childhood, and Senior Citizens all have programs directed at both children and parents to discourage children from entering the informal labor market at an early age. These efforts include programs to provide vocational training and to encourage youth to stay in school through secondary school. The minister of social affairs told media in 2018 that between 100,000 and 120,000 students drop out of primary or secondary school each year. UNICEF reported that only 48 percent of children ages 15-18 complete secondary school, down from 70 percent 20 years ago.

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 and regulations prohibit employment discrimination regarding race, sex, gender, disability, language, sexual orientation and gender identity, HIV-positive status or presence of other communicable diseases, or social status. The government did not always effectively enforce those laws and regulations due to lack of resources and difficulty in identifying when employers’ attitudes toward gender identity or sexual orientation resulted in discriminatory employment practices (see section 6). Societal and cultural barriers significantly reduced women’s participation in the formal labor force, particularly in managerial positions. Women in the private sector earned on average one-quarter less than men for similar work. The 2018 law on gender-based violence contains provisions aimed at eliminating the gender-based wage gap.

The law prohibits discrimination against persons with physical or mental disabilities. It mandates that at least 2 percent of public- and private-sector jobs be reserved for persons with disabilities. NGOs reported authorities did not widely enforce this law, and many employers were not aware of it.

e. Acceptable Conditions of Work

The labor code provides for a range of administratively determined minimum wages; the minimum wages were above the poverty income level.

In 2015 the Ministry of Social Affairs, the UGTT, and the Tunisian Union of Agriculture and Fishing reached an agreement to improve labor conditions and salaries in agricultural work to match those in the industrial sector. The agreement allows for the protection of rural women against dangerous employment conditions, sets safety standards for handling of hazardous materials, and gives tax incentives for agricultural employers to provide training for workers.

The law sets a maximum standard 48-hour workweek for manual work in the industrial and agricultural sectors and requires one 24-hour rest period per week. For administrative jobs in the private and public sectors, the workweek is 40 hours with 125-percent premium pay for overtime. The law prohibits excessive compulsory overtime. Depending on years of service, employees are statutorily awarded 18 to 23 days of paid vacation annually. Although there is no standard practice for reporting labor-code violations, workers have the right to report violations to regional labor inspectors.

Special government regulations control employment in hazardous occupations, such as mining, petroleum engineering, and construction. Workers were free to remove themselves from dangerous situations without jeopardizing their employment, and they could take legal action against employers who retaliated against them for exercising this right. The Ministry of Social Affairs is responsible for enforcing health and safety standards in the workplace. Under the law all workers, including those in the informal sector, are afforded the same occupational safety and health protections. These health and safety standards were not adequately enforced. Regional labor inspectors were also responsible for enforcing standards related to hourly wage regulations. The government did not adequately enforce the minimum-wage law, particularly in nonunionized sectors of the economy. The prohibition against excessive compulsory overtime was not always enforced. The number of inspectors was insufficient to deter violations.

Working conditions and standards generally were better in export-oriented firms, which were mostly foreign owned, than in those firms producing exclusively for the domestic market. According to the government and NGOs, labor laws did not adequately cover the informal sector, where labor violations were reportedly more prevalent. Temporary contract laborers complained they were not afforded the same protections as permanent employees. There were no major industrial accidents during the year. Credible data on workplace accidents, injuries, and fatalities were not available.

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