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Argentina

Executive Summary

Argentina is a federal constitutional republic. On October 27, Alberto Fernandez was elected president in elections that local and international observers considered generally free and fair. On the same day, the country also held municipal, provincial, and federal elections. Voters elected governors in 22 provinces and more than one-half of the members of the Chamber of Deputies, representing all of the provinces and the city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces.

Federal, provincial, and municipal police forces share responsibility for law enforcement and maintenance of law and order. All federal police forces report to the Ministry of Security, while provincial and municipal forces report to a ministry or secretariat within their jurisdiction. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included unlawful and arbitrary killings and torture by federal and provincial police; harsh and life-threatening prison conditions; significant problems with the independence of the judiciary; serious instances of corruption; violence motivated by anti-Semitism; gender-based killings of women; and forced labor despite government efforts to combat it.

Judicial authorities indicted and prosecuted a number of current and former government officials who committed human rights abuses during the year, as well as officials who committed dictatorship-era (1976-83) crimes.

Bolivia

Executive Summary

Bolivia is a constitutional, multiparty republic with an elected president and a bicameral legislature. Following October 20 presidential and legislative elections marred by fraud and manipulation, the Electoral Tribunal declared Evo Morales, leader of the Movement Toward Socialism Party (MAS), the winner on October 25. After weeks of protests concerning the election results, on November 10, then president Morales submitted his resignation and fled to Mexico the following day. On November 12, after mass resignations by former ruling-party officials in the line of succession, then second vice president of the Senate Jeanine Anez assumed the presidency on a transitional basis; on the same day, the Constitutional Court endorsed this as a constitutionally sound succession. On November 24, transitional president Anez signed a multipartisan bill outlining a process for future elections that effectively reimposes term limits and bars Morales from participating.

The national police, under the Ministry of Government’s authority, have primary responsibility for law enforcement and the maintenance of order within the country, but military forces, which report to the Ministry of Defense, may be called to help in critical situations. Migration officials report to the Ministry of Government, and police and military share responsibilities for border enforcement. Civilian authorities maintained effective control over the security forces.

Then president Morales had invited observers and technical experts from the Organization of American States (OAS) to observe and later audit the October 20 presidential election. The OAS audit team found intentional and malicious manipulation and serious irregularities in the management of the election. The team also found instances of manipulation of electoral computer servers and deficiencies in the chain of custody of vote tally sheets that made it “impossible to validate” the official results. Mass protests that began after the initial election results were announced gradually increased throughout the country, pitting Morales supporters against those demanding a new election. The civic disturbances quickly became violent and disruptive, leading to an estimated 36 deaths, all of which were under investigation for attribution purposes, as well as more than 800 injured, acts of arson, and road closures across the country.

Significant human rights issues included: reports of torture by government officials; harsh and life-threatening prison conditions; arbitrary detention; serious problems concerning judicial independence; restrictions on free expression, the press, and other media, including violence against journalists by state security forces and censorship; substantial interference with the rights of peaceful assembly and freedom of association; corruption in all levels of government; trafficking in persons for the purposes of commercial sexual exploitation and forced labor; crimes involving violence targeting lesbian, gay, bisexual, transgender, and intersex persons; and use of child labor. The extent to which these abuses occurred varied under the Morales and Anez administrations.

The government took steps in some cases to prosecute members of the security services and other government officials who committed abuses, but inconsistent application of the law and a dysfunctional judiciary led to impunity.

Brazil

Executive Summary

Brazil is a constitutional, multiparty republic. In October 2018 voters chose the president, vice president, and the bicameral National Congress in elections that international observers reported were free and fair.

The three national police forces–the Federal Police, Federal Highway Police, and Federal Railway Police–have domestic security responsibilities and report to the Ministry of Justice and Public Security. There are two distinct units within the state police forces: The civil police, which perform an investigative role, and the military police, charged with maintaining law and order in the states and the Federal District. Despite the name, military police forces do not report to the Ministry of Defense. The armed forces also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities at times did not maintain effective control over security forces.

Significant human rights issues included: reports of unlawful or arbitrary killings by state police; harsh and sometimes life-threatening prison conditions; torture; violence against journalists; widespread acts of corruption by officials; crimes involving violence or threats of violence targeting members of racial minorities, human rights and environmental activists, indigenous peoples and other traditional populations, and lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons; and use of forced or compulsory labor.

The government prosecuted officials who committed abuses; however, impunity and a lack of accountability for security forces was a problem, and an inefficient judicial process at times delayed justice for perpetrators as well as victims.

Chile

Executive Summary

Chile is a constitutional multiparty democracy. In 2017 the country held presidential elections and concurrent legislative elections, which observers considered free and fair. Former president (2010-14) Sebastian Pinera won the presidential election and took office in March 2018.

The Carabineros and the Investigative Police have legal responsibility for law enforcement and maintenance of order, including migration and border enforcement, within the country. The Ministry of the Interior and Public Security oversees both forces. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included reports of arbitrary or unlawful killings; torture by law enforcement officers; violence against lesbian, gay, bisexual, transgender, and intersex persons; and violence against indigenous persons.

The government took steps to investigate and prosecute officials who allegedly committed abuses.

Colombia

Executive Summary

Colombia is a constitutional, multiparty republic. Presidential and legislative elections were held in 2018. In June 2018, voters elected Ivan Duque Marquez president in a second round of elections that observers considered free and fair and the most peaceful in decades.

The Colombian National Police (CNP) force is responsible for internal law enforcement and is under the jurisdiction of the Ministry of Defense. The Migration Directorate, part of the Ministry of Foreign Affairs, is the immigration authority. The CNP shares law enforcement investigatory duties with the attorney general’s Corps of Technical Investigators. In addition to its responsibility to defend the country against external threats, the army shares limited responsibility for law enforcement and maintenance of order within the country. For example, military units sometimes provided logistical support and security for criminal investigators to collect evidence in high-conflict or remote areas. Civilian authorities generally maintained effective control over security forces.

Significant human rights issues included: reports of unlawful or arbitrary killings; reports of torture and arbitrary detention by both government security forces and illegal armed groups; criminalization of libel; widespread corruption; rape and abuse of women and children by illegal armed groups; violence and threats of violence against human rights defenders and social leaders; violence against and forced displacement of Afro-Colombian and indigenous persons; violence against lesbian, gay, bisexual, transgender, and intersex persons; forced child labor; and killings and other violence against trade unionists.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses, although some cases experienced long delays that raised concerns about accountability.

The National Liberation Army (ELN) perpetrated armed attacks across the country during the year, including a car bomb attack on a police academy in Bogota that killed 22 persons. Other illegal armed groups, including dissidents of the Revolutionary Armed Forces of Colombia (FARC) and drug-trafficking gangs, continued to operate. Illegal armed groups, as well as narcotics traffickers, were significant perpetrators of human rights abuses and violent crimes and committed acts of extrajudicial and unlawful killings, extortion, and other abuses, such as kidnapping, torture, human trafficking, bombings and use of landmines, restriction on freedom of movement, sexual violence, recruitment and use of child soldiers, and intimidation of journalists, women, and human rights defenders. The government investigated these actions and prosecuted those responsible to the extent possible.

Ecuador

Executive Summary

Ecuador is a constitutional, multiparty republic with an elected president and unicameral legislature. In 2017 voters elected President Lenin Moreno from the ruling party Alianza PAIS (Proud and Sovereign Fatherland) and chose members of the National Assembly in elections that were generally free and fair, marking a successful democratic transfer of power.

The National Police maintains internal security and law enforcement and is under the authority of the Ministry of Government (formerly the Ministry of Interior until August 1). The military is under the supervision of the Ministry of Defense and is responsible for external security. Police and military share responsibility for border enforcement. Migration officers are civilians and report to the Ministry of Government. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included reports of torture and abuse by police officers and prison guards; harsh and life-threatening prison conditions; the existence of criminal libel laws; violence against women; and the use of child labor.

The government took steps to investigate and prosecute officials who committed human rights abuses, as it engaged in efforts to strengthen democratic governance, fight corruption, and promote respect for human rights.

Guyana

Executive Summary

The Cooperative Republic of Guyana is a multiparty democracy. National and regional elections took place in 2015, and the APNU+AFC coalition parties won both the presidency and a majority of representational seats. The largest APNU+AFC components were A Partnership for National Unity (APNU)–itself a coalition of the major People’s National Congress/Reform party and other minor parties–and the Alliance for Change (AFC) party. Former opposition leader David Granger led the election coalition and became president. International and local observers considered the 2015 elections free, fair, and credible.

The police commissioner heads the Guyana Police Force, which reports to the Ministry of Public Security and is responsible for maintaining internal security. The Guyana Defense Force is responsible for external security but also has some domestic security responsibilities. The defense force, headed by a chief of staff, falls under the purview of the Defense Board, which the president of the country chairs. Civilian authorities maintained effective control over police and the military.

Noteworthy human rights issues included harsh prison conditions; crimes involving violence or threats of violence targeting lesbian, gay, bisexual transgender, or intersex (LGBTI) persons; and laws that criminalize consensual same-sex sexual conduct between adult men.

Government officials did not enjoy impunity for human rights abuses. There were independent and transparent procedures for handling allegations of abuses by security forces.

Paraguay

Executive Summary

Paraguay is a multiparty, constitutional republic. In April 2018 Mario Abdo Benitez of the Colorado Party, also known as the National Republican Association (ANR), won the presidency in elections recognized as free and fair. Legislative elections took place at the same time.

The National Police, under the authority of the Ministry of Internal Affairs, are responsible for preserving public order, protecting the rights and safety of persons and entities and their property, preventing and investigating crimes, and implementing orders given by the judiciary and public officials. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included reports of torture by government officials; harsh and at times life-threatening prison conditions; arbitrary arrest and detention; substantial problems with the independence of the judiciary; violent intimidation of journalists by organized-crime groups; widespread corruption in all branches and levels of government; widespread and sometimes lethal violence against women and, to a lesser extent, indigenous persons, despite government efforts to curtail such acts; discrimination against lesbian, gay, bisexual, transgender, and intersex persons; and child labor, particularly in domestic service and informal agricultural sectors.

The government took steps to prosecute and punish low- and mid-rank officials who committed abuses, but general impunity for officials in the police and security forces continued to be widely alleged.

Peru

Executive Summary

Peru is a constitutional, multiparty republic. President Martin Vizcarra assumed the presidency in March 2018 following the resignation of then president Pedro Pablo Kuczynski when Vizcarra was vice president. Kuczynski won the 2016 national elections in a vote widely considered free and fair. Invoking articles of the constitution, President Vizcarra dissolved Congress on September 30. Legislative elections are scheduled for January 2020.

The national police, who report to the Ministry of Interior, maintain internal security. The military, reporting to the Ministry of Defense, is responsible for external security but also has some domestic security responsibilities in exceptional circumstances and in designated emergency areas. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included isolated cases of torture; government corruption at all levels, including in the judiciary; sexual exploitation, including human trafficking; violence against women and girls; and forced labor.

The government took steps to investigate and in some cases prosecute or otherwise punish public officials, including high-level officials, accused of abuses.

Suriname

Executive Summary

Suriname is a constitutional democracy with a president elected by the unicameral National Assembly. Elections for the National Assembly took place in 2015. International observers considered the legislative elections to be free and fair. In 2015 the Assembly elected Desire (Desi) Delano Bouterse to a second consecutive term as president.

The armed forces are responsible for national security and border control, with the military police having direct responsibility for immigration control at the country’s ports of entry. All elements of the military are under the control of the Ministry of Defense. Civilian police bear primary responsibility for maintaining law and order and report to the Ministry of Justice and Police. Police and military personnel continued to conduct regular joint patrols as part of the government’s overall efforts to combat crime, and both also served jointly on special security teams. Civilian authorities maintained effective control over the military and police.

Significant human rights issues included: unlawful or arbitrary killings by prison guards; the existence of criminal defamation laws, although there were no prosecutions during the year; significant acts of corruption; violence and abuse against women and children; and the use of child labor.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses, whether in the security forces or elsewhere in the government.

Uruguay

Executive Summary

The Oriental Republic of Uruguay is a constitutional republic with a democratically elected president and a bicameral legislature. In November, in a free and fair general election, Luis Lacalle Pou won a five-year presidential term. No political party won a majority in parliament; consequently, party coalitions will be required to pass legislation. Legislative elections were also held in October.

Under the Ministry of Interior, the National Police maintains internal security, and the National Directorate for Migration is responsible for migration and border enforcement. The armed forces, under the Ministry of National Defense, are responsible for external security and have some domestic responsibilities, including perimeter security for six prisons, and border security. Civilian authorities maintained effective control over security forces.

Significant human rights abuses included harsh and inhuman conditions in some prisons.

The government took steps to investigate and prosecute officials who committed human rights abuses, and there were no reports of impunity. The judiciary continued to investigate human rights violations committed during the 1973-85 military dictatorship, which the law classifies as crimes against humanity.

Venezuela

Executive Summary

Venezuela is legally a multiparty, constitutional republic, but for more than a decade, political power has been concentrated in a single party with an authoritarian executive exercising significant control over the judicial, citizens’ power (which includes the prosecutor general and ombudsman), and electoral branches of government, and standing up a parallel, illegitimate legislative body alongside the existing elected one. On January 10, the term of former president Nicolas Maduro ended. He sought to remain in power based on his claimed “victory” in the 2018 presidential elections widely condemned as neither free nor fair, a claim not accepted by the democratically elected National Assembly (AN). On January 23, Juan Guaido, as president of the National Assembly, assumed the role of interim president pursuant to the provisions of the constitution related to vacancies. Former president Maduro, with the backing of hundreds of Cuban security force members, refused to cede control over the instruments of state power, preventing interim president Guaido from exercising authority within the country. In the 2015 legislative elections, opposition political parties gained supermajority (two-thirds) control of the AN. The former Maduro regime, however, used its control over the Supreme Court (TSJ) to create the illegitimate Constituent National Assembly (ANC) that placed the AN in contempt, usurped its constitutional role to legislate, and weakened the constitution’s separation of powers principle.

Civilian authorities’ control over the security forces declined and was deeply politicized. The National Guard (GNB)–a branch of the military that reports to both the Ministry of Defense and the Ministry of Interior, Justice, and Peace–is responsible for maintaining public order, guarding the exterior of key government installations and prisons, conducting counternarcotics operations, monitoring borders, and providing law enforcement in remote areas. The Ministry of Interior, Justice, and Peace controls the National Scientific Criminal and Investigative Corps (CICPC), which conducts most criminal investigations, and the Bolivarian National Intelligence Service (SEBIN), which collects intelligence within the country and abroad and is responsible for investigating cases of corruption, subversion, and arms trafficking. Police include municipal, state, and national police forces. Mayors and governors oversee municipal and state police forces. The Venezuelan National Police (PNB) reports to the Ministry of Interior, Justice, and Peace. According to its website, the PNB largely focused on policing Caracas’s Libertador municipality; patrolling Caracas-area highways, railways, and metro system; and protecting diplomatic missions. The PNB maintained a minimal presence in seven of the country’s 23 states.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by security forces of the former Maduro regime, including colectivos (regime-sponsored armed groups); forced disappearances; torture by security forces; arbitrary detention by security forces; harsh and life-threatening prison conditions; political prisoners; unlawful interference with privacy; and lack of judicial independence. The former Maduro regime restricted free expression and the press by routinely blocking signals and interfering with the operations of, or shutting down, privately owned television, radio, and other media outlets. Libel, incitement, and inaccurate reporting were subject to criminal charges. The former Maduro regime used violence to repress peaceful demonstrations and repressed freedom of assembly. Other issues included: intimidation, harassment, and abuse of AN members, including denial of due process and parliamentary immunity; pervasive corruption and impunity among all Maduro-aligned security forces and in other national and state regime offices, including at the highest levels; trafficking in persons; violence against indigenous persons; and the worst forms of child labor, which the former regime made minimal efforts to eliminate.

There were continued reports of police abuse and involvement in crime, particularly in the activities of illegally armed groups, including illegal and arbitrary detentions, extrajudicial killings, kidnappings, and the excessive use of force, but the former regime at the national, state, and local levels took no effective action to investigate officials who committed human rights abuses, and there was impunity for such abuses. The Office of the Human Rights Ombudsman did not provide information regarding alleged human rights violations committed by police and military personnel. Nongovernmental organizations (NGOs) noted that many victims did not report violent crimes to police or other regime authorities due to fear of retribution or lack of confidence in police. The former Maduro regime backed by Cuban security force members refused to cede power, preventing the interim government from taking action.

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