Djibouti
Executive Summary
Djibouti is a republic with a strong elected president and a weak legislature. Djibouti has a multiparty political system in which parties must be registered and recognized by the ruling authorities. President Ismail Omar Guelleh has served as president since 1999. In 2016 he was re-elected for a fourth term. International observers from the African Union, Intergovernmental Authority on Development, and Arab League characterized the election as “peaceful,” “calm,” and “sufficiently free and transparent” but noted restrictive voter registration laws, voter intimidation, inadequate ballot security, and lack of opposition observers. Most opposition groups did not characterize the elections as free and fair. Legislative elections were held in 2018 but were boycotted by most opposition parties, which stated the government failed to honor a 2015 agreement to install an independent electoral commission to manage and oversee elections. International observers from the African Union, the Intergovernmental Authority on Development, the Organization of Islamic Cooperation, and the Arab League characterized the 2018 legislative elections as “free, just, and fair,” an assessment disputed by opposition leaders. Political power is shared by Djibouti’s two largest ethnic groups, the Somali-Issas and Afars.
The National Police is responsible for security within Djibouti City and has primary control over immigration and customs procedures for all land border-crossing points. The National Gendarmerie is responsible for all security outside of Djibouti City and is responsible for protecting critical infrastructure within the city, such as the international airport. The leadership of both entities reports to the minister of interior. The National Service of Documentation and Security operates as a law enforcement and intelligence agency. It reports directly to the Presidency. Civilian authorities maintained effective control over security forces. Members of the security forces committed some abuses.
Significant human rights issues included: unlawful or arbitrary killings including extrajudicial killings; cases of cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, site blocking, and the existence of criminal libel laws; substantial interference with the freedom of peaceful assembly and freedom of association; and the worst forms of child labor committed throughout the country.
Impunity was a problem. The government seldom took steps to identify, investigate, prosecute, or punish officials who committed abuses, whether in the security services, or elsewhere in the government.
Section 3. Freedom to Participate in the Political Process
The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The government, however, deprived many citizens of this ability by suppressing the opposition and refusing to allow several opposition groups to form legally recognized political parties. The formal structures of representative government and electoral processes had little relevance to the real distribution and exercise of power.
Elections and Political Participation
Recent Elections: In 2016 the Constitutional Council proclaimed the official and final results of that year’s presidential election and confirmed the re-election of President Ismail Omar Guelleh of the Union for a Presidential Majority (UMP) for a fourth term in the first round of voting. The Constitutional Council certified Guelleh was re-elected president with 87.7 percent of the vote. Two opposition and three independent candidates shared the rest of the votes. One opposition group boycotted the election, stating the process was fraudulent. After the election opposition members noted irregularities, including alleging authorities unfairly ejected opposition delegates from polling stations, precluding them from observing the vote tallying. Most opposition leaders called the election results illegitimate.
International observers from the African Union (AU), Intergovernmental Authority on Development (IGAD), and Arab League characterized the 2016 presidential election as “peaceful,” “calm,” and “sufficiently free and transparent” but noted irregularities. International observers reported the UMP coalition continued to provide campaign paraphernalia after the campaign period closed, including on the day of the election. Some polling station workers also wore shirts and paraphernalia supporting the UMP. The executive branch selected the members of the National Independent Electoral Commission.
International observers from the AU, IGAD, Arab League, and Organization of Islamic Cooperation characterized the 2018 legislative elections as “free, just, and fair.” The mission from the AU, however, noted several worrisome observations, including lower voter registration due to restrictive laws, inadequate implementation of biometric identification processes during the elections, voter intimidation, inadequate security of submitted ballots, premature closures of voting centers, and the lack of opposition observers during ballot counting.
Political Parties and Political Participation: State security forces reportedly beat, harassed, and excluded some opposition leaders. The government also restricted the operations of opposition parties.
As in previous years, the Ministry of Interior refused to recognize the opposition political parties MoDeL and RADDE, although they continued to operate. Members of those political parties and other opposition members were routinely arrested and detained (see section 1.d.). Senior government officials alleged MoDeL was affiliated with the Muslim Brotherhood organization.
Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process. While women did participate, they did not account for 25 percent of political candidates and election administration officials as required by law (see section 7.d.). International observers documented only 11 percent of election administration officials were women and that only 8 percent of candidates were women.
Eritrea
Executive Summary
Eritrea is a highly centralized, authoritarian regime under the control of President Isaias Afwerki. A constitution, although drafted in 1997, was never implemented. The People’s Front for Democracy and Justice, headed by the president, is the sole political party. There have been no national-level elections since an independence referendum in 1993.
Police are responsible for maintaining internal security, and the armed forces are responsible for external security, but the government sometimes used the armed forces, reserves, demobilized soldiers, or civilian militia to meet domestic as well as external security requirements. Agents of the national security service, a separate agency which reports to the Office of the President, are responsible for detaining persons suspected of threatening national security. The armed forces have authority to arrest and detain civilians. Civilian authorities maintained effective control over most security forces. Members of the security forces committed numerous abuses.
The country experienced significant adverse changes in its human rights situation after, according to credible reports, it intervened in the conflict in Tigray, Ethiopia, that began in November. There are credible reports of Eritrean soldiers engaging in unlawful and arbitrary killings in Tigray. There are also reports of Eritrean soldiers engaging in forced disappearance and forced repatriation of Eritrean refugees from Tigray.
Significant human rights issues included: unlawful and arbitrary killings, forced disappearance; torture; and arbitrary detention, all committed by the government; harsh and life-threatening prison and detention center conditions; political prisoners; serious problems with judicial independence; arbitrary or unlawful interference with privacy; the worst forms of restrictions on free expression and the press, including censorship and the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; severe restrictions on religious freedom; widespread restrictions on freedom of movement; inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; trafficking in persons; criminalization of consensual same-sex sexual conduct; and the worst forms of child labor.
The government did not generally take steps to investigate, prosecute, or punish officials who committed human rights abuses. Impunity for such abuses was the norm.
Section 3. Freedom to Participate in the Political Process
The law 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, but they were not able to exercise this ability.
Elections and Political Participation
Recent Elections: The government came to power in a 1993 popular referendum, in which voters chose to have an independent country managed by a transitional government. The transitional government did not permit the formation of a democratic system. The government twice scheduled elections but canceled them without explanation. An official declaration in 2003 asserted, “In accordance with the prevailing wish of the people, it is not the time to establish political parties, and discussion of the establishment has been postponed.” Local communities elect area administrators, magistrates, and managing directors.
Political Parties and Political Participation: The country is a one-party state. Political power rests with the People’s Front for Democracy and Justice and its institutions; the government does not allow the formation of any other political parties. Membership in the People’s Front was not mandatory, but authorities pressured some categories of individuals, particularly those occupying government positions, to join the party. Authorities reportedly visited citizens in their homes after they completed national service and compelled them to join the party and pay the required fees. Authorities occasionally convoked citizens to attend political indoctrination meetings as part of mandatory participation in the militia irrespective of People’s Front membership. Authorities denied benefits such as ration coupons to those who did not attend. Some citizens in the diaspora claimed such meetings also occurred at embassies abroad, with the names of those who did not attend reported to government officials, sometimes resulting in denial of benefits such as passport services.
Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process.
Ethiopia
Executive Summary
Ethiopia is a federal republic. The Ethiopian Peoples’ Revolutionary Democratic Front, a coalition of four ethnically based parties, controlled the government until December 2019 when the coalition dissolved and was replaced by the Prosperity Party. In the 2015 general elections, the Ethiopian Peoples’ Revolutionary Democratic Front and affiliated parties won all 547 seats in the House of Peoples’ Representatives (parliament) to remain in power for a fifth consecutive five-year term. In 2018 former prime minister Hailemariam Desalegn announced his resignation to accelerate political reforms in response to demands from the country’s increasingly restive youth. Parliament then selected Abiy Ahmed Ali as prime minister to lead these reforms. Prime Minister Abiy leads the Prosperity Party.
National and regional police forces are responsible for law enforcement and maintenance of order, with the Ethiopian National Defense Force sometimes providing internal security support. The Ethiopian Federal Police report to the Ministry of Peace. The Ethiopian National Defense Force reports to the Ministry of National Defense. The regional governments (equivalent to a U.S. state) control regional security forces, which are independent from the federal government. Civilian authorities maintained effective control over the security forces. Members of all security forces committed some abuses.
Abiy’s assumption of office was followed by positive changes in the human rights climate. The government decriminalized political movements that in the past were accused of treason, invited opposition leaders to return and resume political activities, allowed peaceful rallies and demonstrations, enabled the formation and unfettered operation of political parties and media outlets, and carried out legislative reform of repressive laws. The opening of political space has also met with challenges. Reforms are taking place in an environment with weak institutions including in the security sector. Ethnic tensions increased, resulting in significant violence in some cases. Citizen-on-citizen violence caused the majority of human rights abuses.
On November 4, fighting between the Ethiopian National Defense Forces and the Tigray People’s Liberation Front Regional Security Force resulted in protracted conflict in the northern Tigray Region and reports of serious and widespread abuses. As of the end of the year, there was very limited access to the majority of Tigray, except for the capital Mekele, resulting in a lack of reporting and making it difficult to ascertain the extent of human rights abuses and violations.
Significant human rights issues included: unlawful or arbitrary killings by security forces and private entities; forced disappearances by unnamed armed groups; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest and detention; serious abuses in an internal conflict, including killing of civilians; serious restrictions on free expression, the press, and the internet, including harassment of journalists, and blocking of the internet and social media sites; interference with freedom of peaceful assembly and freedom of association; serious acts of corruption; lack of investigation of and accountability for violence against women; crimes involving violence or threats of violence targeting members of racial or ethnic minority groups; and existence or use of laws criminalizing same-sex sexual conduct.
The government at times did not take steps to prosecute officials who committed human rights abuses, resulting in impunity for abusers due to a lack of institutional capacity. The government took positive steps toward greater accountability under the Abiy administration to change the relationship between security forces and the public. In June the attorney general’s office and the government-affiliated Ethiopian Human Rights Commission investigated Amnesty International’s allegations of human rights abuses perpetrated by security forces. The administration also addressed past reported abuses such as restrictions on freedom of assembly, political prisoners, and interference with privacy. In late August the Ethiopian Human Rights Commission and human rights nongovernmental organizations deployed investigators to 40 sites in Oromia Region to probe ethnic-based killings after the June 29 killing of Oromo singer Hachalu Hundessa.
There were human rights abuses by paramilitary groups, rebel forces, and youth groups. The Ethiopian Human Rights Commission’s preliminary assessment of the November 9 attack in Mai-Kadra in Tigray concluded that a Tigrayan youth group supported by the Tigray People’s Liberation Front Regional Security Force killed approximately 600 persons. Amnesty International reported that the abuses were carried out by police special forces of the Tigray People’s Liberation Front Regional Security Force. A local human rights group reported that on June 29 and 30, youth groups attacked the villages of Arsi and Bale Zones in Oromia. The federal police arrested 1,500 regional officials for participation in the violence or failing to prevent the violence following the death of Hachalu Hundessa. The Oromo Liberation Army-Shane, an armed separatist group with factions in western, central, and southern Oromia, killed civilians and government officials.
Section 3. Freedom to Participate in the Political Process
The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: In 2015 the country held national elections for the House of Peoples’ Representatives, the country’s parliamentary body. That year the parliament elected Hailemariam Desalegn to his first full mandate as prime minister. In 2018 Hailemariam announced his resignation as prime minister, and the Ethiopia Peoples’ Revolutionary Democratic Front selected Abiy Ahmed as the new chairperson of the party and candidate for federal prime minster. After an acclamation vote in the parliament, Abiy Ahmed became prime minister.
The COVID-19 pandemic and related State of Emergency delayed elections planned for May. The parliament declared the postponement because measures to control the pandemic restricted the numbers of persons able to congregate, closed public venues, and restricted the National Electoral Board of Ethiopia’s (NEBE) ability to conduct training needed to prepare for the election. On September 22, the parliament approved a resolution to allow NEBE to organize national elections by September 2021.
Political Parties and Political Participation: The government allowed all diaspora-based opposition groups, including those in armed struggle, to return and pursue nonviolent struggle. As of December there were 78 registered parties that were permitted to compete in parliamentary elections.
Registered political parties must receive permission from regional governments to open and occupy local offices. The law requires parties to report “public meetings” and obtain permission for public rallies.
Participation of Women and Members of Minority Groups: No laws prevent women or members of minority groups from voting or participating in political life, although patriarchal customs in some regions limited female participation in political life. Although there were increases in women’s representation, women remained significantly underrepresented across both elected and appointed positions. In October 2019 the prime minister announced a new cabinet with 10 female ministers, or approximately one-half of the cabinet. Also in October 2019 Sahle-Work Zewde became the country’s first female president. Zewde’s appointment was in line with the prime minister’s stated goal of empowering women in his administration. In November the parliament swore in the country’s first female Supreme Court president. In the national parliament, women held 38 percent of seats, 211 of 547.
The government’s policy of ethnic federalism led to the creation of individual constituencies to provide representation for all major ethnic groups in the House of the Federation (the upper chamber of parliament). The government recognized more than 80 ethnicities, and the constitution states that at least one member represent each “Nation, Nationality, and People” in the House of the Federation.
Kenya
Executive Summary
Kenya is a republic with three branches of government: an executive branch, led by a directly elected president; a bicameral parliament consisting of the Senate and National Assembly; and a judiciary. In the 2017 general elections, the second under the 2010 constitution, citizens cast ballots for president, deputy president, and parliamentarians, as well as county governors and legislators. International and domestic observers judged the elections generally credible, although some civil society groups and the opposition alleged there were irregularities. The Independent Electoral and Boundaries Commission declared Jubilee Coalition Party candidate Uhuru Kenyatta had won re-election as president over opposition candidate Raila Odinga. The Supreme Court subsequently annulled the results for president and deputy president, citing irregularities, and the court ordered a new vote for president and deputy president that the opposition boycotted. The Independent Electoral and Boundaries Commission declared President Kenyatta winner of the new vote, and the Supreme Court upheld the results.
The National Police Service maintains internal security and reports to the Ministry of Interior and Coordination of National Government. The National Intelligence Service collects intelligence internally as well as externally and reports directly to the president. The Kenya Defense Forces report to the Ministry of Defense and are responsible for external security but have some domestic security responsibilities, including border security and supporting civilian organizations in the maintenance of order, including post disaster response. Civilian authorities at times did not maintain effective control over the security forces. Members of the security forces committed numerous abuses.
Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by the government or on behalf of the government and by the terrorist group al-Shabaab; forced disappearances by the government or on behalf of the government and by al-Shabaab; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest and detention by the government; arbitrary interference with privacy; serious interference with the freedom of peaceful assembly and freedom of expression; serious acts of corruption; lack of investigation and accountability for violence against women and girls; and the existence and use of laws criminalizing consensual same-sex sexual conduct between adults.
The governmental Independent Policing Oversight Authority, established to provide civilian oversight of police, investigated numerous cases of misconduct. Impunity at all levels of government continued to be a serious problem. The government took limited and uneven steps to address cases of alleged unlawful killings by security force members, although the Independent Policing Oversight Authority continued to refer cases of police misconduct to the Office of the Director of Public Prosecutions for prosecution. Impunity in cases of alleged corruption was also common.
Al-Shabaab staged deadly attacks on isolated communities along the border with Somalia, targeting both security forces and civilians. In January militants carried out five attacks, killing more than a dozen persons, including three teachers and four children. The government continued to prioritize investigations and prosecutions of terrorist activities. Human rights groups alleged security forces committed abuses, including extrajudicial killings, while conducting counterterror operations.
Section 3. Freedom to Participate in the Political Process
The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: In August 2017 citizens voted in the second general election under the 2010 constitution, electing executive leadership and parliamentarians, county governors, and members of county assemblies. International and domestic observers, such as the Kenya Elections Observation Group, African Union Observer Mission, and Carter Center, judged the elections generally credible, although some civil society groups raised concerns regarding irregularities. In the presidential election, Jubilee Party candidate Uhuru Kenyatta won with a margin significantly above that of runner-up candidate Raila Odinga of the National Super Alliance. The National Super Alliance challenged the results in a petition to the Supreme Court. In September 2017 the court ruled in the National Super Alliance’s favor, annulling the presidential elections and citing the Independent Electoral and Boundaries Commission (IEBC) for irregularities in voter registration and technical problems with vote tallying and transmission. The court ordered a new election for president and deputy president, which was held on October 26, 2017.
On October 10, 2017, Odinga announced his withdrawal from the new election, asserting the IEBC had not taken sufficient steps to ensure a free and fair election. The October 26 vote was marred by low voter turnout in some areas and protests in some opposition strongholds. Human Rights Watch documented more than 100 persons badly injured and at least 33 killed by police using excessive force in response to protests following the August election, and the Independent Medico-Legal Unit reported another 13 deaths before, during, and after the October vote.
On October 30, 2017, the IEBC declared Kenyatta the winner of the new election. On November 20, 2017, the Supreme Court rejected petitions challenging the October 26 elections and upheld Kenyatta’s victory. Odinga refused to accept Kenyatta’s re-election and repeated his call for people’s assemblies across the country to discuss constitutional revisions to restructure the government and the elections process. On January 30, 2018, elements of the opposition publicly swore Odinga in as “the People’s President,” and the government shut down major public media houses for several days to prevent them from covering the event.
Kenyatta and Odinga publicly reconciled in March 2018 and pledged to work together towards national unity. In May 2018 the president established the Building Bridges to Unity Advisory Taskforce as part of this pledge. The task force issued an October report with proposed constitutional, legislative, and policy reforms to address nine areas: lack of a national ethos, responsibilities and rights of citizenship; ethnic antagonism and competition; divisive elections; inclusivity; shared prosperity; corruption; devolution; and safety and security. Some politicians, civil society, and religious groups questioned whether the proposed reforms, including significant changes to the country’s political structure, would increase inclusivity, prevent electoral violence, and address the country’s ethnic divisions.
In April the IEBC postponed five planned by-elections, one for a vacant parliament position and four for county positions, due to the COVID-19 pandemic. The IEBC scheduled six by-elections for December 15, the five that had been postponed and one for a county position that had subsequently become vacant, after developing COVID-19 health protocols.
Political Parties and Political Participation: To reduce voter fraud, the government used a biometric voter registration system, first employed in 2013. Possession of a national identity card or passport was a prerequisite for voter registration. According to media reports, political parties were concerned regarding hundreds of thousands of national identity cards produced but never collected from National Registration Bureau offices around the country, fearing their supporters would not be able to vote. Ethnic Somalis and Muslims in the coast region and ethnic Nubians in Nairobi complained of discriminatory treatment in the issuance of registration cards, noting authorities sometimes asked them to produce documentation proving their parents were citizens.
The country’s five largest ethnic groups–the Kikuyu, Kalenjin, Luhya, Luo, and Kamba–continued to hold most political positions. Civil society groups raised concerns regarding the underrepresentation of minority ethnic groups, including indigenous communities. For example, one study conducted in Nakuru County found that among the Ogiek community, only two persons were members of the county assembly and one person was a nominated senator.
Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. Voting rates and measures of other types of participation in the political process by women and members of minority groups remained lower than those of nonminority men.
The constitution provides for parliamentary representation by women, youth, persons with disabilities, ethnic minorities, and marginalized communities. The constitution specifically states no gender should encumber more than two-thirds of elective and appointed offices. Parliament had not enacted legislation to implement this provision, despite four court orders to do so (see section 1.e.). As of year’s end, men made up nearly the entirety of the leadership of the National Assembly and the Senate, with the exception of a woman deputy speaker of the Senate. President Kenyatta appointed one additional woman to the cabinet in January, for a total of seven women in the cabinet.
Women leaders and advocacy groups continued to cite inadequate political support from their parties, particularly in the primaries; a lack of financial resources; gender-based violence; gender stereotyping; and patriarchal structures across society as significant barriers to women’s participation in political processes.
The overall success rate of female candidates who ran for positions in the 2017 national elections was 16 percent, with 23 women elected and 52 women nominated to the 349-member National Assembly, and three women elected and 18 women nominated to the 67-member Senate. Women were elected to three of the 47 governorships, although there were only two female governors during the year. Compared with 2013, the number of women elected to office increased by 18.6 percent. The constitution provides for the representation in government of ethnic minorities, but civil society groups noted minorities remained underrepresented in local and national government. The constitution also calls for persons with disabilities to hold a minimum of 5 percent of seats in the Senate and National Assembly but persons with disabilities composed only 2.8 percent of Senate and National Assembly members.
South Sudan
Executive Summary
South Sudan is a republic operating under a transitional government formed according to the terms of peace agreements signed in August 2015 and September 2018. President Salva Kiir Mayardit, whose authority derives from his 2010 election as president of what was then the semiautonomous region of Southern Sudan within the Republic of Sudan, is chief of state and head of government. International observers considered the 2011 referendum on South Sudanese self-determination, in which 98 percent of voters chose to separate from Sudan, to be free and fair. Since then all government positions have been appointed rather than elected.
The South Sudan National Police Service, under the Ministry of Interior, is responsible for law enforcement and maintenance of order. The South Sudanese People’s Defense Forces are responsible for providing security throughout the country and ostensibly operate under the Ministry of Defense and Veterans’ Affairs. The Internal Security Bureau of the National Security Service, under the Ministry of National Security, has arrest authority for cases connected to national security but operates far beyond its legal authority. Numerous irregular forces, including militias operated by the National Security Service and proxy forces, operate in the country with official knowledge. Civilian authorities routinely failed to maintain effective control over the security forces. Members of the security forces committed numerous serious abuses.
In 2013 a power struggle within the ruling Sudan People’s Liberation Movement party erupted into armed conflict. President Salva Kiir accused then first vice president Riek Machar Teny of plotting a coup. The two leaders appealed to their respective ethnic communities and the conflict spread. The parties signed several cease-fire agreements, culminating in the 2015 peace agreement. A cease-fire generally held from August 2015 to July 2016, when fighting broke out in Juba, eventually spreading to the rest of the country. The major warring factions signed a “revitalized” peace agreement in 2018, which continued to hold as of mid-September. Fighting between government forces and other groups not party to the peace agreement, referred to as the “nonsignatories,” continued in the Greater Equatoria region. Subnational violence, often labeled “intercommunal” but frequently reflecting political causes, also continued, particularly in Jonglei and Warrap States.
Significant human rights issues included government-perpetrated extrajudicial killings, including ethnically based, targeted killings of civilians; forced disappearances; torture and cases of cruel, inhuman, and degrading treatment or punishment; harsh and life-threatening prison conditions; arbitrary detention; political prisoners or detainees; politically motivated reprisal against individuals located outside the country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious abuses in an internal conflict, including unlawful killing of civilians, enforced disappearances or abductions, torture and physical abuses or punishment, unlawful recruitment or use of child soldiers, mass forced displacement, widespread sexual and gender-based violence, and use of food as a weapon of war; serious restrictions on free expression, the press, and the internet, including violence against and intimidation and detention of journalists; closure of media houses, censorship, and site blocking; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization laws; significant restrictions on freedom of movement; inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of corruption; lack of investigation and accountability for violence against women; trafficking in persons; crimes involving violence targeting lesbian, gay, bisexual, transgender, or intersex persons; the use of laws criminalizing consensual same-sex sexual conduct between adults; and existence of the worst forms of child labor.
Security force abuses occurred throughout the country. Despite isolated examples of prosecution for these crimes, impunity was widespread and remained a major problem.
Nongovernment armed groups, including the forces of peace agreement signatories and other opposition armed groups alike, also perpetrated serious human rights abuses, which, according to the United Nations, included unlawful killings, abduction, rape, sexual slavery, and forced recruitment of children and adults into combat and noncombat roles.
Section 3. Freedom to Participate in the Political Process
The transitional constitution provides that every citizen has the right to participate in elections in accordance with the constitution and the law. Since the 2011 referendum on South Sudanese self-determination, no elections have been held. Elected officials were arbitrarily removed and others appointed to take their place.
Elections and Political Participation
Recent Elections: Elections have been postponed several times over several years due to intense violence and insecurity starting in 2013. Since then the president fired and appointed local government officials and parliamentarians by decree. In 2015 and again in 2018, the legislature passed amendments to the transitional constitution extending the terms of the president, national legislature, and state assemblies for three years. The peace agreement signed in 2018 allowed for the extension of all terms for a three-year transitional period; as of September constitutional amendments to reflect the agreement had yet to be passed by the legislature and the transitional period had yet to commence.
Political Parties and Political Participation: The SPLM enjoyed a near monopoly of power in the government and continued to be the most broadly recognized political entity since the signing of the Comprehensive Peace Agreement in 2005. SPLM membership conferred political and financial advantages, and there was great reluctance by opposition parties to shed the SPLM name. For example, the main opposition party was referred to as the SPLM-IO (in-opposition) and most other political parties either were offshoots of the SPLM or affiliated with it. In December, after its integration into the transitional government, the SPLM-IO conducted a widely attended party conference in Juba without restrictions.
The peace agreement signed in 2018 allocates to the government and to the opposition a certain number of seats in parliament, the leadership of ministries, and the leadership of local governments; however, as of October the parties had not fully completed the process of making their appointments as called for in the peace agreement.
Opposition parties complained that at times the government harassed party members. A 2012 law mandates specific requirements for those political parties that existed in a unified Sudan prior to South Sudan’s independence in 2011. Representatives of the Political Parties Council (an independent body created by law in 2018 to manage political party matters) estimated the requirements affected approximately 25 parties.
An unfavorable environment for media and citizen expression hampered participation in political processes.
Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate. The terms of the 2018 peace agreement forming a unity government require at least 35 percent female participation in the government at the national and state levels and specify that one of the five vice presidents should be a woman. The law requires at least 25 percent of county commissioners and 25 percent of county councilors be women. In December the SPLM-IO announced a mandatory 40 percent quota for women’s participation. None of the thresholds for women’s political participation had been met, and only one woman nominated by the SPLM-IO had been appointed as a governor.
These conditions and laws were inconsistently implemented at both the state and national levels, and although women made gains in both the Transitional National Legislative Assembly and the executive branch (see below), they remained poorly represented in the judiciary, local governments, and among traditional leaders. Representation was particularly poor at the local level, where there was little to no implementation of the law’s provisions. The system also devolved substantial candidate-selection power to political party leaders, very few of whom were women.
Some observers believed traditional and cultural factors limited women’s participation in government. An entrenched culture of discrimination presented a major challenge to their political participation. Women tended to be discouraged from assuming leadership positions because of the belief that such activities conflicted with their domestic duties. Basic safety and security concerns also limited women’s ability to participate in government.
Several ethnic groups remained underrepresented or unrepresented in government, and the conflict exacerbated ethnic tensions and the imbalance in national- and state-level political institutions.
The absence of translations of the constitution in Arabic or local languages limited the ability of minority populations to engage meaningfully in political dialogue and contributed to low turnout for several consultations on a permanent constitution that took place around the country.
Uganda
Executive Summary
Uganda is a constitutional republic led since 1986 by President Yoweri Museveni of the National Resistance Movement party. In 2016 voters re-elected Museveni to a fifth five-year term and returned a National Resistance Movement majority to the unicameral parliament. Allegations of disenfranchisement and voter intimidation, harassment of the opposition, closure of social media websites, and lack of transparency and independence in the Electoral Commission marred the elections, which fell short of international standards. The periods before, during, and after the elections were marked by a closing of political space, intimidation of journalists, and widespread use of torture by the security agencies.
The national police maintain internal security, and the Ministry of Internal Affairs oversees the police. While the army is responsible for external security, the president detailed army officials to leadership roles within the police force. The Ministry of Defense oversees the army. Civilian authorities maintained effective control over the security forces. Members of the security forces committed numerous abuses.
Significant human rights issues included: unlawful or arbitrary killings by government forces, including extrajudicial killings; forced disappearance; torture and cases of cruel, inhuman, or degrading treatment or punishment by government agencies; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, and unjustified arrests or prosecution of journalists, censorship, site blocking, and criminal libel laws; substantial interference with the freedom of peaceful assembly and freedom of association; restrictions on political participation; serious acts of corruption; lack of investigation of and accountability for violence against women; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; the existence of laws criminalizing consensual same-sex sexual conduct between adults; and the existence of the worst forms of child labor.
The government was reluctant to investigate, prosecute, or punish officials who committed human rights abuses, whether in the security services or elsewhere in government, and impunity was a problem.
Section 3. Freedom to Participate in the Political Process
The law provides citizens the ability to choose their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The law also allows authorities to carry out elections for the lowest-level local government officials by having voters line up behind their preferred candidate or the candidate’s representative, portrait, or symbol. Serious irregularities marred the 2016 presidential and parliamentary elections and several special parliament elections that followed.
Elections and Political Participation
Recent Elections: In 2016 the country held its fifth presidential and legislative elections since President Museveni came to power in 1986. The Electoral Commission (EC) announced the president was re-elected with 61 percent of the vote, and FDC candidate Kizza Besigye finished second with 36 percent. The ruling National Resistance Movement (NRM) party captured approximately 70 percent of the seats in the 431-member unicameral parliament. Domestic and international election observers stated the elections fell short of international standards for credible democratic elections. The Commonwealth Observer Mission’s report noted flawed processes, and the EU’s report noted an atmosphere of intimidation and police use of excessive force against opposition supporters, media workers, and the public. Domestic and international election observers noted biased media coverage and the EC’s lack of transparency and independence. Media reported voter bribery, multiple voting, ballot box stuffing, and the alteration of precinct and district results. Due to election disputes stemming from the elections, in 2016 the Supreme Court recommended changes to electoral laws to increase fairness, including campaign finance reform and equal access for all candidates to state-owned media. The government had not yet enacted laws to comply with these recommendations.
During the year the EC held several local elections, which local media reported featured incidents of intimidation by security forces and irregularities such as voters in opposition strongholds complaining their names were missing on the voter register. Political parties also held party primaries in preparation for the 2021 general election. On September 4, the ruling NRM party held its primaries, in which party members alleged widespread voter intimidation, bribery, harassment, and killings of rival supporters. On September 4-5, local media broadcast images of party members receiving 5,000 Ugandan shillings ($1.35) each before lining up to vote. On September 5, amateur cellphone video footage emerged on social media showing State Minister for Labor Mwesigwa Rukutana in a scuffle with a rival’s supporters, before drawing a rifle from one of his bodyguards and aiming it at his rival’s vehicle. Local media reported that Rukutana fired the gun at the vehicle, injuring an occupant and damaging the car. On September 6, the UPF arrested Rukutana with his three bodyguards for inciting violence, attempted murder, and malicious damage to property. His trial continued at year’s end.
Political Parties and Political Participation: Security forces arbitrarily arrested and detained opposition leaders and intimidated and beat their supporters (see sections 1.a., 1.c., and 1.d.). On October 14, UPF and UPDF officers raided the NUP secretariat in Kamwokya and confiscated documents, property, and party insignia while accusing the NUP of being in possession of military uniforms (see section 2.a.). NUP officials reported UPF and UPDF personnel stole 25 million Ugandan shillings ($6,800) from the party’s offices that the party had earmarked to pay nomination fees for its electoral candidates, and confiscated signatures backing Kyagulanyi’s nomination to contest for the presidency. The UPF used COVID-19 restrictions to disperse opposition meetings and rallies but allowed similar meetings by the ruling party to proceed unhindered (see section 2.b.). The law prohibits candidates from holding official campaign events more than four months prior to an election, although the ruling NRM party operated without restriction, regularly holding rallies and conducting political activities. In December 2019 the EC announced it had closed its update of the voter register in preparation for the 2021 election, effectively blocking more than one million citizens who would have turned 18 years old–the required minimum age to vote–by February 2021 from participating in the electoral process. Local civil society organizations criticized the action and stated the EC closed the voter register early to lock out potential Kyagulanyi supporters. The UPF used COVID-19 restrictions regularly to block opposition politicians from appearing on radio and television talk shows (see section 2.a.). Opposition politicians also accused the ruling party of gerrymandering when the parliament approved 46 new legislative districts.
Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate. Women comprised 35 percent of the members of parliament and occupied 34 percent of ministerial positions. Cultural factors, high costs, and sexual harassment, however, limited women’s ability to run for political office. Female activists reported the official fees required to secure a nomination to run for elected office were prohibitively high and prevented most women from running for election. Gender rights activists reported violence from the security agencies discouraged women from participating in electoral activities. Gender rights activists also reported an affirmative action policy, which reserved a legislative position for women in each district, instead discouraged women from running against men in the other positions not reserved for women. Election observers reported that holding party primaries and some local government elections by having voters line up behind their selected candidate effectively disenfranchised women, because they could be discouraged from participating in a process that could bring them into conflict with their domestic partners if they voted for the opposing candidate.
