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Afghanistan

Executive Summary

Afghanistan is an Islamic republic with a directly elected president, a bicameral legislative branch, and a judicial branch. Parliamentary elections for the lower house of parliament were constitutionally mandated for 2015, but for a number of reasons, were not held until October 2018. Elections were held on October 20 and 21 in all provinces except in Ghazni where they were delayed due to an earlier political dispute and in Kandahar where they were delayed following the October 18 assassination of provincial Chief of Police Abdul Raziq. Elections took place in Kandahar on October 27, but elections in Ghazni were not scheduled by year’s end. Although there was high voter turnout, the election was marred by violence, technical issues, and irregularities, including voter intimidation, vote rigging, and interference by electoral commission staff and police. In some cases, polling stations were forced to close due to pressure from local leaders.

Civilian authorities generally maintained control over the security forces, although security forces occasionally acted independently.

Human rights issues included extrajudicial killings by security forces; forced disappearances; torture; arbitrary arrest; arbitrary detention; criminalization of defamation; government corruption; lack of accountability and investigation in cases of violence against women, including those accused of so-called moral crimes; sexual abuse of children by security force members; violence by security forces against members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community; and violence against journalists.

Widespread disregard for the rule of law and official impunity for those responsible for human rights abuses were serious problems. The government did not consistently or effectively prosecute abuses by officials, including security forces.

There were major attacks on civilians by armed insurgent groups and targeted assassinations by armed insurgent groups of persons affiliated with the government. The Taliban and other insurgents continued to kill security force personnel and civilians using indiscriminate tactics such as improvised explosive devices (IEDs), suicide attacks, and rocket attacks, and to commit disappearances and torture. The UN Assistance Mission in Afghanistan (UNAMA) attributed 65 percent of civilian casualties during the first nine months of the year (1,743 deaths and 3,500 injured) to antigovernment actors. The Taliban and ISIS-Khorasan Province (ISIS-K) used children as suicide bombers, soldiers, and weapons carriers. Other antigovernment elements threatened, robbed, kidnapped, and attacked government workers, foreigners, medical and nongovernmental organization (NGO) workers, and other civilians.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

b. Disappearance

There were reports of disappearances committed by security forces and antigovernment forces alike.

UNAMA, in its biannual Report on the Treatment of Conflict-Related Detainees, reported multiple allegations of disappearances by the ANP in Kandahar.

Two professors, working for the American University of Afghanistan and kidnapped by the Taliban in 2016 in Kabul, remained in captivity.

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

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

NGOs reported security forces continued to use excessive force, including torturing and beating civilians. On April 17, the government approved the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, building on the prior year’s progress in passing the Antitorture Law. Independent monitors, however, continued to report credible cases of torture in detention centers.

UNAMA, in its April 2017 Report on the Treatment of Conflict-Related Detainees, stated that of the 469 National Directorate for Security (NDS), ANP, and Afghan National Defense and Security Forces (ANDSF) detainees interviewed, 39 percent reported torture or other abuse. Types of abuse included severe beatings, electric shocks, prolonged suspension by the arms, suffocation, wrenching of testicles, burns by cigarette lighters, sleep deprivation, sexual assault, and threats of execution.

The Afghanistan Independent Human Rights Commission (AIHRC) stated in its June report on the use of torture in detention centers that of the 621 detainees they interviewed, 79 persons, or 12 percent, reported being tortured, for the purpose of both eliciting confessions as well as punishment. The AIHRC reported that of these 79 cases, the ANP perpetrated 62 cases, with the balance by the NDS and ANDSF.

In November 2016, first vice president General Abdul Rashid Dostum allegedly kidnapped Uzbek tribal elder and political rival Ahmad Ishchi. Before detaining Ishchi, Dostum let his bodyguards brutally beat him. After several days in detention, Ishchi alleged he was beaten, tortured, and raped by Dostum and his men. Dostum returned in July and resumed his duties as first vice president after more than a year in Turkey. As of August there was no progress on the case brought by Ishchi.

There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. The AIHRC and other organizations reported summary convictions by Taliban courts that resulted in executions by stoning or beheading. According to media reports, Taliban in Kohistan District, Sar-e Pul Province, stoned a man to death in February on suspicion of zina (extramarital sex). There were other reports of ISIS-K atrocities, including the beheading of a 12-year-old child in Darzab District, Jowzjan Province, in April, the beheading of three medical workers in Chaparhar District, Nangarhar Province, in April, and stoning of a man in Nangarhar in February.

Prison and Detention Center Conditions

Prison conditions were difficult due to overcrowding, unsanitary conditions, and limited access to medical services. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Ministry of Interior, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers, including the large national prison complex at Pul-e Charkhi. The Ministry of Justice’s Juvenile Rehabilitation Directorate is responsible for all juvenile rehabilitation centers. The NDS operates short-term detention facilities at the provincial and district levels, usually collocated with their headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan. There were credible reports of private prisons run by members of the ANDSF and used for abuse of detainees. The Taliban also maintain illegal detention facilities throughout the country. The ANDSF discovered and liberated several Taliban detention facilities during the year and reported that prisoners included children and Afghans accused of moral crimes or association with the government.

Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem. Based on standards recommended by the International Committee of the Red Cross (ICRC), 28 of 34 provincial prisons for men were severely overcrowded. The country’s largest prison, Pul-e Charkhi, held 13,118 prisoners, detainees, and children of incarcerated mothers as of October, 55 percent more than it was designed to hold. In August more than 500 prisoners at Pul-e Charkhi participated in a one-week hunger strike to protest prison conditions, particularly for elderly and ill inmates, and the administration of their cases.

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

According to NGOs and media reports, children younger than age 15 were imprisoned with their mothers, due in part to a lack of capacity among Children’s Support Centers. These reports documented insufficient educational and medical facilities for these minors.

Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate. The GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items. In November 2017 the local NGO Integrity Watch Afghanistan reported that Wardak Prison had no guaranteed source of clean drinking water and that prisoners in Pul-e Charkhi, Baghlan, and Wardak had limited access to food, with prisoners’ families also providing food to make up the gap.

Administration: The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials. The government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Reports indicated corruption was endemic throughout society, and flows of money from the military, international donors, and the drug trade continued to exacerbate the problem.

The Construction Sector Transparency Initiative Afghanistan reported that during the last 15 years, many government infrastructure projects did not go through proper legal mechanisms but instead were based on favoritism. The organization estimated total embezzlement in the billions of dollars.

According to prisoners and local NGOs, corruption was widespread across the justice system, particularly in connection with the prosecution of criminal cases and in arranging release from prison. For example, there were multiple reports that judges would not release prisoners who had served their sentences without payment from family members. There were also reports that officials received unauthorized payments in exchange for reducing prison sentences, halting investigations, or dismissing charges outright.

National-level survey data offered a mixed picture of corruption in the justice sector. The World Justice Project’s 2017 Rule of Lawsurvey found moderate improvements in perceptions of government accountability. Nonetheless, experts polled for the report cited corrupt prosecutors as the biggest problem in criminal investigative services and corruption as the largest problem in criminal courts. Respondents to the poll increasingly believed that high-ranking government officials would be investigated for embezzlement, but they also named judges, magistrates, parliamentarians, and local government officials as most likely to be involved in corrupt practices. Respondents also reported widespread bribe taking by government officials and agencies, police, and hospitals.

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

Corruption: In September the president sent a legislative decree to Parliament to approve a new Anticorruption Law that established an independent Anticorruption Commission to oversee efforts to prevent and mitigate corruption. The new law codifies the June 2016 presidential decree establishing an independent Anticorruption Justice Center (ACJC) with responsibility for prosecuting high-level corruption cases. During the year case progress through the ACJC appeared to stall, despite dramatic increases in the number of prosecutors assigned to the ACJC. ACJC prosecutors receive salary top offs and housing. Nearly half of all ACJC prosecutors and MCTF officers in the anticorruption unit failed polygraph examinations for corruption. In addition, as of September 20, the MCTF had a backlog of more than 120 warrants and notices to appear at the ACJC.

According to various reports, many government positions, up to district or provincial governorships, could be suborned. Governors with reported involvement in corruption, the drug trade, or records of human rights violations reportedly continued to receive executive appointments and served with relative impunity. For example, President Ghani appointed Zia ul-Haq Amarkhel, who was disqualified by the Electoral Complaints Commission for corruption, as special presidential advisor for public and political affairs. Ghani also appointed governor of Herat Mohammad Yusuf Nuristani to the Senate, although he was the target of outstanding ACJC arrest warrants. ACJC prosecutors investigated Nuristani for unlawful land transfers and misuse of authority and obtained the arrest warrants after he failed to appear on summons and ignored subpoenas. Nuristani surrendered himself to authorities in November.

There were allegations of widespread corruption, and abuse of power by officers at the Ministry of Interior. Provincial police reportedly extorted civilians at checkpoints and received kickbacks from the drug trade. Police reportedly demanded bribes from civilians to gain release from prison or avoid arrest. Nearly half of MCTF officers in the anticorruption unit failed corruption polygraph examinations. Senior Ministry of Interior officials also refused to sign off on the execution of arrest warrants. More than 120 unexecuted ACJC arrest warrants were pending as of September. In one case Ministry of Interior officers served as the protective detail of ACJC warrant target Major General Zamari Paikan, and drove him in a Ministry of Interior armored vehicle. The Ministry of Defense also provided protection to Paikan. The ACJC convicted General Paikan in absentia for corruption in December 2017 and sentenced him to 8.5 years imprisonment, but the Ministry of Interior had not arrested him.

Financial Disclosure: The Law on Declaration and Registration of Assets of State Officials and Employees was issued by legislative decree of October 2017. The law established the Administration on Registration and Assets of Government Officials and Employees (Administration) under the Administrative Office of the President. All government officials, employees, and elected officials are required to declare their assets. The Administration was responsible for collecting, verifying, and publishing information from senior government officials. The High Office of Oversight was dissolved in March 2018. Under the law all government officials and employees must submit financial disclosures on all sources and levels of personal income for themselves and their immediate family, annually and when they assume or leave office. Individuals who do not submit forms or are late in submission are subject to suspension of employment, salary, and travel bans. Travel bans were implemented for individuals who did not submit their forms.

During the year the Administration successfully registered assets of nearly 15,000 government employees, a significant increase over past years. Verification of assets continued to be slow and problematic for the Administration due to lack of organized systems in some government offices. Public outreach by the Administration allowed civil society and private citizen the opportunity to comment on individual declarations. As of September only two members of parliament had declared their assets.

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

Women

Rape and Domestic Violence: The EVAW law, as amended during the year by a presidential decree, criminalizes 22 acts of violence against women, including rape; battery or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. The new Penal Code criminalizes rape of both women and men. The law provides for a minimum sentence of five to 16 years’ imprisonment for rape, or up to 20 years if one or more aggravating circumstances is present. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The new Penal Code also explicitly criminalizes statutory rape and, for the first time, prohibits the prosecution of rape victims for zina (sex outside of marriage). The law provides for imprisonment of up to seven years for aggression to the chastity or honor of a female “[that] does not lead to penetration to anus or vagina”. Under the law rape does not include spousal rape. Authorities did not always fully enforce these laws.

Prosecutors and judges in remote provinces were frequently unaware of the EVAW law or received pressure to release defendants due to familial loyalties, threat of harm, or bribes, or because some religious leaders declared the law un-Islamic. Female victims faced stringent societal reprisal, ranging from imprisonment to extrajudicial killing. In September police in Faryab Province arrested a woman who appeared in an online sex video with a self-proclaimed mullah on charges of zina. The mullah, who remains at large, was suspected of sexual exploitation and rape of several women who came to him for help. Interpretations of sharia also impeded successful prosecution of rape cases.

The new Penal Code criminalizes forced virginity testing under Article 640 except when conducted pursuant to a court order or with the consent of the individual. Awareness and enforcement of this change remained limited. In July the Ministry of Public Health issued a policy prohibiting health clinics and hospitals from performing virginity tests. There were reports police, prosecutors, and judges continued to order virginity tests in cases of “moral crimes” such as zina. Women who sought assistance in cases of rape were often subject to virginity tests.

The penal code criminalizes assault, and courts convicted domestic abusers under this provision, as well as under the “injury and disability” and beating provisions in the EVAW law. According to NGO reports, millions of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, armed individuals, parallel legal systems, and institutions of state, such as the police and justice systems.

Due to cultural normalization and a view of domestic violence as a family matter, domestic violence often remained unreported. The justice system’s response to domestic violence was insufficient, in part due to underreporting, preference toward mediation, sympathy toward perpetrators, corruption, and family or tribal pressure. There were EVAW prosecution units in all 34 provinces, and EVAW court divisions operated at the primary and appellate levels in at least 16 provinces. In August Taliban members shot and killed a woman in Jawzjan Province. According to the governor’s spokesman, the woman had fled some months earlier to a safe house in Sheberghan city due to domestic violence. She returned home after local mediation but was later shot by Taliban members.

Space at the 28 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country. Some women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or being sent back to their family or the perpetrator.

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

Other Harmful Traditional Practices: The law criminalizes forced, underage, and baad marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family) and interference with a woman’s right to choose her spouse. NGOs report instances of baad still practiced, often in more remote provinces. The practice of exchanging brides between families has not been criminalized and remained widespread. In July a man killed a nine-year-old who had been sold to him as a bride for 972,000 Afghanis ($13,500) by her family.

Honor killings continued throughout the year. In April a man stabbed his sister to death in an apparent honor killing in Andkhoy District, Faryab Province, after bringing a knife into a building where she was under protection. In a May report on Mediation of Criminal Offenses of Violence against Women, UNAMA reported documenting 280 instances of murder and honor killing between January 2016 and December 2017 with only 18 percent of these resulting in conviction and imprisonment. The report found that despite the EVAW law, government institutions often pressured victims to resolve their cases through mediation for serious offenses, which the EVAW law prohibits, resulting in impunity for perpetrators.

Sexual Harassment: The 2017 Antiharassment Law went into effect in January and criminalizes all forms of harassment of women and children, including physical, verbal, psychological, and sexual. Under this law all government ministries are required to establish a committee to review internal harassment complaints and support appropriate resolution of these claims. Implementation and enforcement of the law remained limited and ineffective. The AIHRC reported that more than 85 percent of women and children faced various forms of harassment. Women who walked outside alone or who worked outside the home often experienced harassment, including groping, catcalling, and being followed. Women with public roles occasionally received threats directed at them or their families.

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

Discrimination: Women who reported cases of abuse or who sought legal redress for other matters reported they experienced discrimination within the judicial system. Some observers, including female judges, asserted that discrimination was a result of faulty implementation of law. Limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected women’s access to and participation in the justice system.

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

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation. Overall, 22 percent of civil servants and 5 percent of security forces were women, including 3,000 female police and 1,400 female soldiers.

Children

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

Education: Education is mandatory up to the lower secondary level (six years for primary school and three years for lower secondary), and the law provides for free education up to and including the college level. UNICEF reported that 3.7 million children were not in school due to discrimination, poverty, lack of access, and continuing conflict, among other reasons. UNAMA also noted that armed groups tried to restrict girls’ access to education. In February threats forced the closure of girls’ schools in several villages in Farah Province, temporarily denying education to more than 3,500 girls. When the schools reopened 10 days later, the vast majority of the girls were initially afraid to return.

Key obstacles to girls’ education included poverty, early and forced marriage, insecurity, a lack of family support, lack of female teachers, and a lack of nearby schools. An October 2017 Human Rights Watch report observed that the government provided fewer schools for girls than boys and that the lack of basic provisions in many schools for security, privacy, and hygiene, including boundary walls, toilets, and water, also disproportionately affected girls.

Violent attacks on schoolchildren, particularly girls, also hindered access to education, particularly in areas controlled by the Taliban. The Taliban and other extremists threatened and attacked school officials, teachers, and students, particularly girls, and burned both boys’ and girls’ schools. There were press reports of sexual abuse perpetrated by teachers and school officials, particularly against boys. The government claimed families rarely pressed charges due to shame and doubt that the judicial system would respond. There were reports that both insurgent groups and government forces used school buildings for military purposes.

Child Abuse: The revised Penal Code criminalizes child abuse and neglect. The penalty for beating, or physically or mentally disciplining or mistreating a child, ranges from a cash fine of 10,000 Afghanis (approximately $130) to one-year in prison as long as the child does not sustain a serious injury or disability. Endangering the life of a child carries a penalty of one to two years in prison or a cash fine of 60,000 to 120,000 Afghanis (approximately $800 to $1,600).

Police reportedly beat and sexually abused children. Children who sought police assistance for abuse also reported being further harassed and abused by law enforcement officials, particularly in bacha bazi (sexual entertainment) cases, deterring victims from reporting their claims. NGOs reported a predominantly punitive and retributive approach to juvenile justice throughout the country. Although it is against the law, corporal punishment in schools, rehabilitation centers, and other public institutions remained common.

There were reports some members of the security forces and progovernment groups sexually abused and exploited young girls and boys. During the first six months of the year, UNAMA documented credible reports of five cases of sexual abuse involving six boys, attributed to the Afghan National Police, and Afghan Local Police. In June 2017 in Daikundi Province, an ANDSF commander sexually abused a teenager, who later committed suicide. There were multiple reports of bacha bazi, a practice in which men exploit boys for social and sexual entertainment. According to media and NGO reports, many of these cases went unreported or were referred to traditional mediation, which often allowed perpetrators to reoffend.

The government took steps to discourage the abuse of boys and to prosecute or punish those involved. The new Penal Code criminalizes bacha bazi as a separate crime, and builds on the 2017 Law to Combat Crimes of Trafficking in Persons and Smuggling in Migrants (TIP Law), which includes provisions criminalizing behaviors associated with the sexual exploitation of children. Despite the inclusion of bacha bazi in the Penal Code, as of August there were no convictions under the law.

Early and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 for girls (15 with the consent of a parent or guardian or the court) and 18 for boys, international and local observers continued to report widespread early and forced marriages throughout the country. Under the EVAW law, those who enter into or arrange forced or underage marriages are subject to imprisonment for not less than two years, but implementation of the law was limited. According to a July report, Child Marriage in Afghanistan, by UNICEF and the Ministry of Labor, Social Affairs, Martyrs and Disabled, 34 percent of women and 7 percent of men ages 20 to 24 had been married before the age of 18. In 2017 the government launched a five-year National Action Plan to Eliminate Early and Child Marriage.

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

There were reports from Badakhshan Province that Taliban militants bought young women to sell into forced marriage. The UN Development Program Legal Aid Grant Facility reported women increasingly petitioned for divorce.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. In addition to outlawing the practice of bacha bazi, the new Penal Code provides that, “[i]f an adult male has intercourse with a person under the legal age, his act shall be considered rape and the victim’s consent is invalid.” The Penal Code also treats nonstatutory rape of a child as an aggravated form of the offense, punishable by up to 20 years in prison. The EVAW Law prescribes a penalty of 10 to 15 years’ imprisonment for forcing an underage girl into prostitution. Taking possession of a child for sexual exploitation or production of pornographic films or images constitutes trafficking in persons under the 2017 TIP Law regardless of whether other elements of the crime are present.

Child Soldiers: In February 2016 the Law on Prohibition of Children’s Recruitment in the Military became effective. Under the revised Penal Code, recruitment of children in military units carries a penalty of six months to one year in prison. There were reports the ANDSF and progovernment militias recruited and used children in a limited number of cases, and the Taliban and other antigovernment elements recruited children for military purposes (see section 1.g.). Media reported that local progovernment commanders recruited children younger than age 16. The Taliban and other antigovernment groups regularly recruited and trained children to conduct attacks.

Displaced Children: During the year NGOs and government offices reported high numbers of returnee and drought-displaced families and their children in border areas, specifically Herat and Jalalabad. Although the government banned street begging in 2008, NGOs and government offices reported large numbers of children begging and living in the streets of major cities.

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

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

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

Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, lack of economic opportunities, and social exclusion due to stigma.

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

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

Disability rights activists reported that corruption prevented some persons with disabilities from receiving benefits. There were reports that government officials redirected scholarship funds for persons with disabilities to friends or family through fraud and identity theft. NGOs and government officials also reported that associations of persons with disabilities attempted to intimidate ministry employees in an effort to secure benefits such as apartments.

National/Racial/Ethnic Minorities

Ethnic tensions between various groups continued to result in conflict and killings. Societal discrimination against Shia Hazaras continued along class, race, and religious lines in the form of extortion of money through illegal taxation, forced recruitment and forced labor, physical abuse, and detention. According to NGOs, the government frequently assigned Hazara ANP officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country. During the year ISIS-K continued escalating attacks against the Hazara community. Attacks against the Shia, predominantly Hazara, population, resulted in 705 civilian casualties, including 211 deaths between January 1 and September 30. On September 5, another ISIS-K bombing targeting a sports center killed 20. Both attacks took place in the Shia neighborhood of Dasht-e Barchi in Kabul.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs and harassment in school, as well as verbal and physical abuse in public places. On July 1, ISIS-K killed 19 people in a Jalalabad suicide bombing targeting the Sikh community. The attack killed the only Sikh candidate for the October parliamentary elections. Ultimately, the Sikh candidate’s son ran in his place. According to the Sikh and Hindu Council of Afghanistan, there were approximately 900 members of the Sikh and Hindu community in the country.

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

The law criminalizes consensual same-sex sexual conduct, and there were reports of harassment and violence by society and police. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. Homosexuality was widely seen as taboo and indecent. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community did not have access to certain health services and could be fired from their jobs because of their sexual orientation. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. Members of the LGBTI community reported they continued to face arrest by security forces and discrimination, assault, rape by society at large.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV/AIDS, but there was reportedly serious societal stigma against persons with AIDS.

Comoros

Executive Summary

The Union of the Comoros is a constitutional, multiparty republic. The country consists of three islands–Grande Comore (also called Ngazidja), Anjouan (Ndzuani), and Moheli (Mwali)–and claims a fourth, Mayotte (Maore), that France administers. In 2015 successful legislative elections were held. In April 2016 voters elected Azali Assoumani as president of the union, as well as governors for each of the three islands. Despite a third round of voting on Anjouan–because of ballot-box thefts–Arab League, African Union, and EU observer missions considered the elections generally free and fair.

Civilian authorities maintained effective control over the security forces.

On July 30, Comorians passed a referendum on a new constitution, which modified the rotating presidency, abolished the islands’ vice presidents, and significantly reduced the size and authority of the islands’ governorates. On August 6, the Supreme Court declared the referendum free and fair, although the opposition, which had called for a boycott of the referendum, rejected the results and accused the government of ballot-box stuffing.

Human rights issues included torture; harsh and life-threatening prison conditions; political prisoners; use of excessive force against detainees; restrictions on freedom of movement; corruption; criminalization of same-sex sexual conduct, trafficking in persons, and ineffective enforcement of laws protecting workers’ rights.

Impunity for violations of human rights was widespread. Although the government discouraged officials from committing human rights violations and sometimes arrested or dismissed officials implicated in such violations, they were rarely tried.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

b. Disappearance

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

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

The constitution and law prohibit such practices, but there were reports that government officials employed them.

Media reports alleged a 30-year-old prison detainee died on September 30, days after having been released from Mutsamudu’s Koki Prison, due to torture he allegedly endured, and harsh conditions. Family members reported they would not make an official complaint due to fear of reprisals.

Prison and Detention Center Conditions

Prison and detention center conditions remained poor. The national prison in Moroni is the largest of three prisons in the country. The other two are in Anjouan and Moheli. Military detainees were held in military facilities. National or individual island authorities used various detention facilities as deemed appropriate, and detainees could be transferred from either Anjouan or Moheli to the national prison in Moroni, depending upon the nature of their offenses.

Physical Conditions: Overcrowding was a problem. As of December the Moroni prison held 135 inmates, but according to International Committee of the Red Cross (ICRC) standards, the capacity was 60 inmates. Koki Prison on Anjouan held 90 inmates. Its capacity is not known but all prisoners are kept in only one of the two prison buildings, consisting of three rooms each 215 square feet and a single toilet, and the second building is unused.

The law on child protection provides for juveniles ages 15 to 18 to be treated as adults in the criminal justice system. Juveniles and adult prisoners were held together. As of December there were three juvenile male inmates in the Moroni prison held with adults. That prison also held two adult female prisoners in a separate cellblock. The Anjouan prison held three adult female prisoners in a separate area and no minors. Detainees and prisoners normally received a single meal per day consisting of 1.8 ounces of rice and one egg (Moroni) or red beans when available (Anjouan). Those who did not receive additional food from family members suffered. Other common problems included inadequate potable water, sanitation, ventilation and lighting, and medical facilities. The prison in Moroni has a nurse on staff and a visiting doctor; prisoners in Koki said they were sometimes allowed to leave the prison if they needed medical care.

There were multiple reports that the writer Said Ahmed Said Tourqui (known as SAST), arrested in August for his role in an alleged coup plot, was being held in a prison cell so small he could neither lie down nor stand straight, and that he was being denied medical treatment, visitations, and clean water and sanitation. As of December, however, he was with the general population in Moroni and appeared to be in reasonably good health. Some media reports suggested that four other less well known detainees arrested for the same incident were suffering the same conditions.

Administration: Prisoners could submit complaints without censorship, but investigations or follow-up actions almost never occurred.

Independent Monitoring: The government permitted the ICRC to monitor prisons. Authorities required that nongovernmental organizations (NGOs) request a visit permit from the prosecutor general.

Section 4. Corruption and Lack of Transparency in Government

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

The National Commission for Preventing and Fighting Corruption (CNPLC) was an independent administrative authority established to combat corruption, including through education and mobilization of the public. In September 2016 the president repealed the provisions of the law that created the commission, citing its failure to produce any results. The Constitutional Court subsequently invalidated this decision, noting that a presidential decree may not overturn a law. Nevertheless, the president has neither renewed the commissioners’ mandates nor appointed replacement members, and the Constitutional Court also lacked a quorum for most of the year, until the constitutional referendum in July abolished the organization altogether.

Corruption: Resident diplomatic, UN, and humanitarian agency workers reported petty corruption was commonplace at all levels of the civil service and security forces. Businesspersons reported corruption and a lack of transparency, while the World Bank’s Worldwide Governance Indicators reflected that corruption was a significant problem. Citizens paid bribes to evade customs regulations, to avoid arrest, and to obtain falsified police reports.

In January, four employees of the national pension fund, including its chief accountant, his two assistants, and a security guard, were sued for the embezzlement of 18 million Comorian francs ($42,000) from the national pension fund.

In 2017 a commission of the National Assembly conducted an investigation into the Economic Citizenship Program, developed to award citizenship to stateless Bidoon people in cooperation with the United Arab Emirates. This investigation revealed several cases of large-scale embezzlement involving high-ranking officials of previous governments. After the president received the report and transferred it to the Justice Ministry, the public prosecutor conducted a series of hearings, which resulted in the following outcomes: On June 27, Ibrahim Mhoumadi Sidi, former vice president of the National Assembly, was charged with forgery and use of forgery, and misappropriation of title, allegedly to manipulate the outcome of parliament’s initial vote to approve the economic citizenship program.

In July the investigating judge issued arrest warrants for Mohamed Ali Soilihi, former vice president in charge of the Ministry of Finance, and Hair El Karim Hilali, former national director of security of the territory, for embezzlement in connection with the Economic Citizenship Program.

On August 20, former president Ahmed Abdallah Sambi was charged with embezzlement in connection with the Economic Citizenship Program and was placed under house arrest.

The public prosecutor requested that the president of the National Assembly lift the parliamentary immunity of some members of the Assembly for the purpose of investigation, which the assembly president did on October 3.

Financial Disclosure: The law requires high-level officials at national and island levels to declare their assets prior to entering office. The submission of a disclosure is made public, but the disclosure itself is not. Officials subject to the law did so upon taking office. Conviction of failure to comply is punishable by fines and up to two years’ imprisonment. In 2016 the CNPLC reported that all officials subject to the law filed financial disclosures; however, the mandates of CNPLC commissioners have not been renewed since 2017, and it is unclear whether any other organization has taken on the oversight role.

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

Women

Rape and Domestic Violence: Rape regardless of age or gender is illegal and punishable if convicted by five to 10 years’ imprisonment or up to 15 years if the victim is younger than age 15. Authorities prosecuted perpetrators if victims filed charges. There were reports families or village elders settled many allegations of sexual violence informally through traditional means and without recourse to the formal court system.

The law treats domestic violence as an aggravating circumstance that includes crimes committed by one domestic partner against an existing or former partner. Penalties for conviction include prison sentences up to five years and fines up to two million Comorian francs ($4,800). Courts rarely sentenced or fined convicted perpetrators. No reliable data were available on the extent of the problem. Women rarely filed official complaints. Although officials took action (usually the arrest of the spouse) when reported, domestic violence cases rarely entered the court system.

Sexual Harassment: Sexual harassment is illegal, and conviction is punishable by fines and imprisonment. It is defined in the labor code as any verbal, nonverbal, or bodily behavior of a sexual nature that has the effect of creating an intimidating, hostile, or humiliating work environment for a person. Although rarely reported due to societal pressure, such harassment was nevertheless a common problem, and authorities did not effectively enforce the law.

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

Discrimination: The law provides for equality of persons without regard to gender, creed, belief, origin, race, or religion. Nevertheless, inheritance and property rights practices favor women. Local cultures are traditionally matrilineal, and all inheritable property is in the legal possession of women. Societal discrimination against women was most apparent in rural areas, where women were mostly limited to farming and child-rearing duties, with fewer opportunities for education and wage employment.

Children

Birth Registration: Any child having at least one Comorian parent is considered a citizen, regardless of where the birth takes place. Any child born in the country is a citizen unless both parents are foreigners, although these children may apply for citizenship if they have at least five years’ residency at the time they apply. Authorities did not withhold public services from unregistered children.

Education: Universal education is compulsory until age 12. No child younger than age 14 may be prevented from attending school. An approximately equal number of girls and boys attended public schools at the primary and secondary levels, but fewer girls graduated.

Child Abuse: Official statistics revealed cases of abuse when impoverished families sent their children to work for relatives or wealthy families, usually in the hope of obtaining a better education for their children. The NGO Listening and Counseling Service, funded by the government and UNICEF, had offices on all three islands to provide support and counseling for abused children and their families. The NGO routinely referred child abuse cases to police for investigation. Police conducted initial investigations of child abuse and referred cases to the Morals and Minors Brigade for further investigation and referral for prosecution if justified by evidence. If evidence was sufficient, authorities routinely prosecuted cases.

In June, 60-year-old Ibrahim Ali Kassim was prosecuted for sexual assault of a four-year-old girl and was sentenced to seven years in prison and a fine of one million Comorian francs ($2,400).

Early and Forced Marriage: The legal minimum age of marriage is 18 for both boys and girls. Child marriage was a problem, with estimates of 35 to 40 percent of girls being married before age 18.

Sexual Exploitation of Children: The law considers unmarried persons younger than age 18 to be minors and prohibits their sexual exploitation, prostitution, and involvement in pornography. Anyone convicted of facilitating the sex trafficking of children is subject to a prison term of two to five years and a fine of 150,000 to two million Comorian francs ($358 to $4,800). Conviction of child pornography is punishable by fines or imprisonment. There were no official statistics regarding these matters and no reports in local media of cases, prosecutions, or convictions relating to either child sex trafficking or child pornography.

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.html.

Anti-Semitism

There was no known Jewish population, and there were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution and applicable laws, particularly the labor code, prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. The law mandates access to buildings, information, communication, education, and transportation for persons with disabilities. The government did not effectively enforce the law. Despite the absence of appropriate accommodation for children with disabilities, such children attended mainstream schools, both public and private.

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

Consensual same-sex sexual activity is illegal, and conviction is punishable by up to five years’ imprisonment and a fine of 50,000 to one million Comorian francs ($119 to $2,400). Authorities reported no arrests or prosecutions for same-sex sexual activity during the year. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons generally did not publicly reveal their sexual orientation due to societal pressure. There were no local LGBTI organizations.

Luxembourg

Executive Summary

The Grand Duchy of Luxembourg has a constitutional monarchy and a democratic parliamentary form of government with a popularly elected unicameral Chamber of Deputies (parliament). The prime minister is the leader of the dominant party or party coalition in parliament. On October 14, the country held parliamentary elections that observers considered free and fair.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

The government prosecuted officials in the security services and elsewhere in the government who allegedly committed human rights abuses, and there was no impunity for such abuses.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

b. Disappearance

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

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

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

Prison and Detention Center Conditions

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

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

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

Independent Monitoring: The government permitted monitoring by independent human rights observers, including the Council of Europe’s Committee for the Prevention of Torture and through the country’s ombudsman who monitors and supervises the country’s detention centers.

Improvements: On July 4, parliament unanimously adopted two laws, one focused on sentencing and one on prison administration. Both laws are part of a larger prison reform focused on successful rehabilitation. The law on sentencing creates a process for detainees to appeal sentencing and administrative decisions and makes several other reforms.

Starting September 15, the law on prison administration creates a system for supervising detention, parole, and probation. It also creates a sociojudicial psychiatric unit and allows penitentiary officers to carry arms, both lethal and nonlethal, as well as pepper spray, and to use them in self-defense and other well-defined scenarios. In addition, all detainees have the option to sign a “voluntary insertion plan” that monitors the convict from his or her incarceration to his or her early release and can cover different topics, such as training and competence development. Revisited at regular intervals, the plan is designed to serve as the basis for possible release on parole.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively.

Financial Disclosure: By executive order cabinet members must disclose any company assets, in the form of shares or otherwise, that they own. The order requires that prospective ministers submit the information before they assume office. The declarations are available to the public on the government’s internet website. There are no criminal or administrative sanctions for noncompliance, and no particular agency has a mandate to monitor disclosures.

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

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, and the government enforced the law effectively. Penalties for violations range from five to 10 years’ imprisonment. The law prohibits domestic violence, and the government effectively enforced the law. The law is gender neutral and provides for the removal of abusers from their residences for a 10-day period that can be extended for an additional three months. Penalties may include fines and imprisonment. If an individual approaches an NGO for assistance in cases involving domestic abuse, police are required to investigate.

The government funded organizations that provided shelter, counseling, psychosocial assistance, and hotlines. Three separate hotlines were available to assist men, women, and children who were victims of domestic abuse. The government provided financial assistance to domestic violence victims.

In 2017 authorities prosecuted 126 cases of indecent assault and 84 cases of rape, representing decreases from 2016. In 2017 police intervened 715 times in domestic violence situations, and prosecutors authorized 217 evictions of the abuser from the domestic home as a result of these incidents; these also represent decreases from the prior year.

On February 28, the country amended its penal code to combat the exploitation of prostitution, procuring, and human trafficking for sexual purposes. The law criminalizes client solicitation and accepting or obtaining in exchange for remuneration or a promise to remunerate relations of a sexual nature by a person who is a victim of human trafficking.

Sexual Harassment: The law prohibits sexual harassment and requires employers to protect employees from such harassment. The law prohibits gender-based job discrimination and harassment of subordinates by superiors. Disciplinary measures against offenders, including dismissal, are applicable. The law considers an employer’s failure to take measures to protect employees from sexual harassment a breach of contract, and an affected employee is entitled to paid leave until the situation is rectified. In the fall the Ministry of Equal Opportunities launched an awareness campaign and conducted training. On July 3, parliament approved the Istanbul Convention on preventing and combatting violence against women and domestic violence, which also addresses sexual harassment. The Interministerial Committee of Human Rights, under the supervision of the Ministry of Foreign Affairs and in close cooperation and coordination with the Ministry of Justice and Ministry of Equal Opportunity, implements the convention and collects all required data.

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

Discrimination: The law provides for the same legal status and rights for women as for men. The government enforced the law effectively.

Children

Birth Registration: Citizenship is governed by the principle of descent, according to which a father or mother who is a citizen automatically conveys citizenship to offspring at birth. The law allows for citizenship via naturalization and allows dual citizenship. Citizenship for minor children is automatically conveyed when a parent naturalizes. All residents, regardless of citizenship, are required to register in their commune of residence.

Early and Forced Marriage: The minimum legal age for marriage is 18 but can be waived by a guardianship judge. In its 2017 report, the country’s Ombudsman Committee for the Rights of Children noted that forced marriage had become a problem as a result of immigration, but no official data on it was available.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, the offering or procuring of a child for child prostitution, and practices related to child pornography. Authorities enforced the law, and cases were rare. Penalties for the sexual exploitation of children range from five years’ to life imprisonment.

Amendments to the penal code adopted on February 28 provide that a client having consciously committed a commercial sexual act with a minor can be sentenced to one to five years of imprisonment and a fine of 251 euros ($290) to 50,000 euros ($57,500).

The minimum legal age for consensual sex is 16.

Displaced Children: In a June 2017 report, the Immigration Directorate noted there were 50 asylum requests for unaccompanied children, almost equal to the 51 requests it received in 2016. There were three specialized housing shelters specifically for unaccompanied children and two shelters that also accepted unaccompanied children; the government placed unaccompanied children in these shelters whenever feasible.

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.html.

Anti-Semitism

The Jewish community numbered approximately 1,500 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. The government enforced these provisions. The law requires all new government-owned buildings and buildings undergoing renovation to be accessible to persons with disabilities. Private facilities and services as well as existing government-owned buildings are not subject to the law. The accessibility of public transportation outside the capital was limited.

The law permits persons with mental disabilities to be placed under legal guardianship. There were reports of the forced administration of contraceptives to women of reproductive age with disabilities, particularly of women and girls with intellectual disabilities living in state-funded institutions.

On July 24, parliament recognized German sign language, allowing deaf and hard of hearing people to use both the language and a state-paid translator in their communications with government.

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

The law prohibits all forms of discrimination based on sexual orientation or gender identity and applies to lesbian, gay, bisexual, transgender, and intersex persons. There were no reports of violations of the law during the year.

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