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Australia

Executive Summary

Australia is a constitutional democracy with a freely elected federal parliamentary government. In a free and fair federal parliamentary election in May 2019, the Liberal Party and National Party coalition was re-elected with a majority of 77 seats in the 151-seat House of Representatives. The House subsequently reconfirmed Scott Morrison as prime minister.

The Australian Federal Police (federal police), an independent agency of the Department of Home Affairs, and state and territorial police forces are responsible for internal security. The federal police enforces national laws and state and territorial police forces enforce state and territorial laws. The Department of Home Affairs and the Australian Border Force are responsible for migration and border enforcement. Civilian authorities maintained effective control over the security forces. The Inspector General of the Australian Defence Force is conducting an independent inquiry into allegations that members of the Special Forces may have committed abuses in Afghanistan.

Significant human rights issues included credible allegations of deaths related to neglect or abuse in prison and occasional neglect or mistreatment of prisoners, especially Aboriginal or Torres Strait Islander persons or persons with disabilities.

The government took steps to prosecute officials accused of abuses, and ombudsmen, human rights bodies, and internal government mechanisms responded effectively to complaints.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. The internet was widely available to and used by citizens.

Law enforcement agencies require a warrant to intercept telecommunications, including internet communications.

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

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The Human Rights Commission, an independent organization established by parliament, investigates complaints of discrimination or breaches of human rights under the federal laws that implement the country’s human rights treaty obligations. The commission reports to parliament through the attorney general. Media and nongovernmental organizations deemed its reports accurate and reported them widely. Parliament has a Joint Committee on Human Rights, and federal law requires that a statement of compatibility with international human rights obligations accompany each new bill.

Fiji

Executive Summary

Fiji is a constitutional republic. In 2018 the country held general elections, which international observers deemed free, transparent, and credible. Josaia Voreqe (Frank) Bainimarama’s Fiji First party won 27 of 51 seats in parliament, and he began a second four-year term as prime minister.

The Fiji Police Force maintains internal security. The Republic of Fiji Military Force is responsible for external security but may also have some domestic security responsibilities in specific circumstances. Both report to the Ministry of Defense, National Security, and Policing. Civilian authorities maintained effective control over the security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: cases of cruel, inhuman, or degrading treatment, in some cases leading to death; restrictions on free expression, such as substantial interference with the right of peaceful assembly; and trafficking in persons.

The government investigated some security force officials who committed abuses and prosecuted or punished officials who committed abuses elsewhere in the government; however, impunity was a problem in cases with political implications.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content; unlike in previous years, there were no reports the government monitored private online communications without legal authority.

The law on online safety penalizes offenders with a substantial maximum fine and a maximum five years’ imprisonment for posting an electronic communication that causes harm to a person. Critics, including rights groups and youth and women’s organizations, maintain the law is a potential Trojan horse for internet censorship and punishment of online dissent.

After enacting the law in 2018, the government filed several defamation lawsuits (although none during the year) against political opponents for posting comments critical of the government on social media.

In many cases, authorities used the POA to charge critics and “rumormongers” in the days before the government released the COVID-19 budget on March 27. Eight persons, including opposition member of parliament Lynda Tabuya, were arrested for “spreading fake news or reports to create public anxiety” about COVID-19. Tabuya was arrested on March 26 for Facebook posts about COVID-19 that allegedly breached the POA, as “malicious writings of false news or reports tending to create or foster public alarm and anxiety.” Tabuya was detained for four days and appeared in court on March 30 charged with one count of a malicious act contrary to the POA. The court ordered that she surrender travel documents, report weekly to a local police station, and deactivate her Facebook account for the duration of her court case. The case ended on August 17 when the prosecution withdrew the charges against her.

Others arrested on similar charges included: three women arrested on March 26 for their Facebook posts about the virus; Nemani Bainivalu, a former Fiji First Party candidate, arrested on March 27 and released on bail two days later; and a 24-year-old female radio announcer from Fiji Broadcasting charged on April 11 with one count of a malicious act for social media posts that called on individuals to stone vehicles during curfew hours.

All telephone and internet users must register their personal details with telephone and internet providers, including name, birth date, home address, left thumbprint, and photographic identification. The law imposes a moderate maximum fine on providers who continued to provide services to unregistered users and a substantial maximum fine on users who did not update their registration information as required.

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

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

The law constrained NGO operations in several ways. For example, the law includes criticism of the government in its definition of sedition.

Government Human Rights Bodies: The constitution establishes the FHRADC, and it continued to receive reports of human rights violations lodged by citizens. The constitution prohibits the commission from investigating cases filed by individuals and organizations relating to the 2006 coup and the 2009 abrogation of the 1997 constitution. While the commission routinely worked with the government to improve certain human rights matters (such as prisoner treatment), observers reported it generally declined to address politically sensitive human rights matters and typically took the government’s side in public statements, leading observers to assess the FHRADC as progovernment.

Japan

Executive Summary

Japan has a parliamentary government with a constitutional monarchy. On September 16, Yoshihide Suga, the newly elected leader of the Liberal Democratic Party, became prime minister. Upper House elections in 2019, which the Liberal Democratic Party and its coalition partner, Komeito, won with a solid majority, were considered free and fair by international observers.

The National Public Safety Commission, a cabinet-level entity, oversees the National Police Agency, and prefectural public safety commissions have responsibility for local police forces. Civilian authorities maintained effective control over the security forces. There were no reports of abuses committed by security forces.

There were no reports of significant human rights abuses.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. In March the Ministry of Justice reported that the number of human rights violations via the internet increased by 3.9 percent in 2019.

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were usually cooperative and responsive to their views.

Government Human Rights Bodies: The Justice Ministry’s Human Rights Counseling Office has more than 300 offices across the country. Approximately 14,000 volunteers fielded questions in person, by telephone, or on the internet, and provided confidential consultations. Counselling in 10 foreign languages was available in 50 offices. These consultative offices fielded queries, but they do not have authority to investigate human rights abuses by individuals or public organizations without consent from parties concerned. They provide counsel and mediate, and collaborate with other government agencies, including child consultation centers and police. Municipal governments have human rights offices that deal with a range of human rights problems.

According to the Ministry of Justice, regional legal affairs bureaus nationwide initiated relief procedures in 15,420 cases of human rights violations in 2019. Of those, 1,985 were committed online, and 454 were cases of sexual harassment. In one example publicized by the ministry, a regional legal affairs bureau requested that online video-sharing platform companies remove videos of a preteenage boy after it was contacted by his mother, investigated the case, and found that the videos of the boy were filmed and posted without his or his mother’s knowledge. The bureau recognized posting such videos as a violation of his privacy and defamation of his character. The video-sharing companies removed the videos following the request.

Kiribati

Executive Summary

Kiribati is a constitutional multiparty republic. The president exercises executive authority. Following legislative elections, the House of Assembly nominates three or four presidential candidates from among its members, and the public then elects the president for a four-year term. Two-stage parliamentary elections in April preceded the June 22 presidential elections, in which citizens re-elected Taneti Maamau president. Observers considered the elections to be free and fair, despite allegations of corruption and foreign influence throughout election campaigning.

The Police and Prisons Service, under the Ministry of Justice, maintains internal security. The country has no military force. Civilian authorities maintained effective control over police. Members of the security forces were not reported to have committed abuses.

Significant human rights issues included: criminalization of consensual sexual activity between men, although the law was not enforced, and child labor.

The government took steps to investigate officials who committed human rights abuses, and impunity was not a problem.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Together with foreign partners, the government offered training to police, nongovernmental organizations (NGOs), and church-based groups to develop strategies to strengthen human rights institutions and policies and to reduce discrimination against women.

Government Human Rights Bodies: A Human Rights Taskforce and a Human Rights Unit based in the Ministry of Justice provide human rights training and monitoring, and coordinate implementation of human rights treaties.

Marshall Islands

Executive Summary

The Republic of the Marshall Islands is a constitutional republic led by President David Kabua. On January 6, the Nitijela, the country’s parliament, elected Kabua following free and fair multiparty parliamentary elections in November 2019.

The national police, local police forces, and the Sea Patrol (maritime police) maintain internal security. The national police and Sea Patrol report to the Ministry of Justice; local police report to their respective local government councils. Civilian authorities maintained effective control over national police, local police, and maritime police. Members of the security forces are not known to have committed abuses.

Significant human rights issues included: serious restrictions on freedom of movement related to the COVID-19 pandemic; corruption; and trafficking in persons.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Micronesia

Executive Summary

The Federated States of Micronesia is a constitutional republic composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Individual states enjoy significant autonomy, and their traditional leaders retain considerable influence, especially in Pohnpei and Yap. In March 2019 national elections were held for the 14-seat unicameral Congress; 10 senators were elected in single-seat constituencies to two-year terms, and four (one per state) to four-year terms. Following the election, the Congress selected the new president, David W. Panuelo. Observers considered the election generally free and fair, and the transfer of power was uneventful.

The national police are responsible for enforcing national laws, and the Department of Justice oversees them. The four state police forces are responsible for law enforcement in their respective states and are under the jurisdiction of the director of public safety for each state. Civilian authorities maintained effective control over national and state police forces. Members of the security forces were not reported to have committed abuses.

There were no reports of significant human rights abuses.

The government sometimes took steps to identify, investigate, prosecute, and punish officials, but impunity was a problem, particularly for corruption.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

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

Although there are no official restrictions, no local groups concerned themselves exclusively with human rights. Several groups addressed problems concerning the rights of women and children, and there were active women’s associations throughout the country. Government officials often were cooperative and responsive to their views.

Nauru

Executive Summary

Nauru is a constitutional republic. International observers deemed the August 2019 parliamentary election to be generally free and fair. Parliament elected Lionel Aingimea, a former human rights lawyer and second-term member of parliament, as president.

The police force, under the Minister for Police and Emergency Services, maintains internal security and, as necessary, external security. The country has no military force. Civilian authorities maintained effective control over the security forces. Members of the security forces committed few abuses.

Significant human rights issues included censorship and criminal libel laws, although there were no such cases during the year.

There were no reports that government officials committed egregious human rights abuses, and impunity was not a problem. The government has mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. In 2018 the government lifted restrictions it had used previously to block Facebook.

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

The government did not restrict the establishment or operation of local human rights organizations, but no such groups existed. No international human rights organizations maintained offices in the country.

Government Human Rights Bodies: The Department of Justice had a Human Rights Section staffed by a human rights adviser, two human rights officers, and a liaison officer from the secretariat of the Pacific Community’s Regional Rights Resource Team. The section was generally effective.

New Zealand

Executive Summary

New Zealand is a parliamentary democracy. In October 17 elections, the Labour Party led by Prime Minister Jacinda Ardern won an outright majority in parliament. The elections were considered free and fair.

The New Zealand Police, under the Ministry of Police, are responsible for internal security, and the armed forces, under the Ministry of Defence, are responsible for external security. Civilian authorities maintained effective control over the security forces. Members of the security forces did not commit any significant abuses.

There were no reports of significant human rights abuses.

The government had effective mechanisms to identify and prosecute officials who commit human rights abuses; there were no reports of such abuses.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

After the March 2019 Christchurch mosque attacks, the government imposed an open-ended ban on publication via the internet and other means of the video footage of the attack and on the attacker’s “manifesto.”

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The Ministry of Justice funded the Human Rights Commission, which operates as an independent agency without government interference. The commission had adequate staff and resources to perform its mission.

The Office of the Ombudsman, responsible to parliament but independent of the government, is charged with investigating complaints about administrative acts, decisions, recommendations, and omissions of national and local government agencies; inspecting prisons; and following up on prisoner complaints. The office enjoyed government cooperation, operated without government or party interference, had adequate resources, and was considered effective. The ombudsman produced a wide variety of reports for the government that were publicly available on its website. In April the ombudsman reported that the Department of Corrections had “discouraged” ombudsman staff from visiting prisons because of the risk of COVID-19 infection.

The law mandates that the Department of Internal Affairs provide administrative assistance to significant public and governmental inquiries into, among other items, human rights abuses.

Palau

Executive Summary

Palau is a constitutional republic with a national government consisting of executive, legislative, and judicial branches that are independent of each other. Voters elect the president, vice president, and members of the legislature for four-year terms. On November 3, voters elected Surangel Whipps Jr. president in a generally free and fair election.

The national police and marine police are responsible for law enforcement and maintenance of order; both report to the Ministry of Justice. Civilian authorities maintained effective control over the security forces. Members of the security forces generally did not commit abuses.

There were no reports of significant human rights abuses.

The government took steps to investigate and prosecute officials who committed abuses such as corruption.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there no credible reports that the government monitored private online communication without the appropriate legal authority.

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the President has an Office of the Ombudsman, but the position has remained vacant since 2016. The government held numerous meetings and training sessions on human rights topics during the year. The special prosecutor held outreach sessions in hamlets throughout the country to inform community members of their right to complain to her office anonymously. She also created a web site for citizens to lodge complaints, which has received complaints that have been investigated.

Papua New Guinea

Executive Summary

Papua New Guinea is a constitutional, federal, multiparty, parliamentary democracy. Parliamentary elections took place in 2017, and the People’s National Congress party won a majority in the 111-seat unicameral parliament, led by former prime minister Peter O’Neill. In May 2019 O’Neill resigned, and parliament elected James Marape prime minister. In some parts of the country, electoral contests involved widespread violence, fraud, bribery, voter intimidation, and undue political and tribal influence.

The Royal Papua New Guinea Constabulary maintains internal security and reports to the Ministry of Police. The Defense Force is responsible for external security but also has some domestic security responsibilities, and reports to the Ministry of Defense. 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 by police; torture by police and cases of cruel, inhuman, or degrading treatment or punishment; the existence of criminal defamation laws; serious acts of government corruption; lack of investigation of and accountability for violence against women; trafficking in persons; the criminalization of consensual same-sex sexual conduct between men, although the law was not enforced; and extensive child labor, including the worst forms of child labor.

The government frequently failed to prosecute or punish officials who committed abuses, whether in the security services or elsewhere in the government. Impunity was pervasive.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. Internet access remained limited but continued to grow through the increasing use of mobile phones. The growth of internet access resulted in increased use of social media and blogs to discuss and develop evidence of abuse of power and corruption in government.

The law prohibits using electronic systems to incite any form of unrest (called cyber-unrest). Responsibility for enforcing the law lies with police. The penalties for conviction of violations are a maximum 25 years’ imprisonment and a substantial fine.

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Government Human Rights Bodies: The Ombudsman Commission is responsible for investigating alleged misconduct and defective administration by governmental bodies, alleged discriminatory practices by any person or body, and alleged misconduct in office by leaders under the leadership code. Staffing constraints often caused delays in investigations and thus in the completion and release of reports.

Philippines

Executive Summary

The Philippines is a multiparty, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. Midterm elections in May 2019 for 12 (of 24 total) senators, all congressional representatives, and local government leaders were seen as generally free and fair, despite reports of violence and vote buying. The ruling party and allies won all 12 Senate seats and maintained an approximately two-thirds majority in the 306-seat House of Representatives. Barangay (village) and youth council elections originally scheduled for 2021 were rescheduled for December 5, 2022, so that local and national elections would occur in the same year.

The Philippine National Police is charged with maintaining internal security in most of the country and reports to the Department of the Interior. The Armed Forces of the Philippines (armed forces), which reports to the Department of National Defense, is responsible for external security but also carries out domestic security functions in regions with a high incidence of conflict, particularly the Mindanao region. The two agencies share responsibility for counterterrorism and counterinsurgency operations. The national police Special Action Force is responsible for urban counterterrorism operations. Governors, mayors, and other local officials have considerable influence over local police units, including appointment of top departmental and municipal police officers and the provision of resources. The government continued to support and arm civilian militias. The armed forces controlled Civilian Armed Force Geographical Units, while Civilian Volunteer Organizations fell under national police command. These paramilitary units often received minimal training and were poorly monitored and regulated. Some political families and clan leaders, particularly in Mindanao, maintained private armies and, at times, recruited Civilian Volunteer Organization and Civilian Armed Forces Geographical Unit members into those armies. Civilian control over security forces was not fully effective. Members of the security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, by and on behalf of the government and nonstate actors; reports of forced disappearance by and on behalf of the government and nonstate actors; torture by and on behalf of the government and nonstate actors; harsh and life-threatening prison conditions; arbitrary detention by and on behalf of the government and nonstate actors; significant problems with the independence of the judiciary; arbitrary and unlawful interference with privacy; unlawful recruitment or use of child soldiers by terrorists and groups in rebellion against the government; serious restrictions on free expression and the press, including violence, threats of violence, and unjustified arrests or prosecutions of journalists, censorship, and the use of criminal libel laws to punish journalists; and corruption.

The government investigated a limited number of reported human rights abuses, including abuses by its own forces, paramilitaries, and insurgent and terrorist groups. Concerns about police impunity continued following the increase in killings by police in 2016. Significant concerns also persisted about impunity for other security forces, civilian national and local government officials, and powerful business and commercial figures. Slow judicial processes remained an obstacle to bringing government officials allegedly involved in human rights abuses to justice.

Muslim separatists, communist insurgents, and terrorist groups continued to attack government security forces and civilians, causing displacement of civilians and resulting in the deaths of security force members and civilians. Terrorist organizations engaged in kidnappings for ransom, bombings of civilian targets, beheadings, and the use of child soldiers in combat or auxiliary roles.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

With the exception of mobile communications blocked during special events for security purposes, the government did not restrict or disrupt access to the internet. While the government did not overtly censor online content, there were credible reports of government agencies and government-connected groups using coordinated, disguised online behavior to suppress speech critical of the government. On September 22, Facebook announced that it had dismantled several accounts for “coordinated inauthentic behavior.” The fake accounts were allegedly operated by members of the military and police, with content largely revolving around criticism of the political opposition, activism, and communism. The military disputed at least one of the removals, claiming the site was a legitimate attempt to raise awareness of the communist movement’s recruiting tactics.

There were no credible reports that the government monitored private online communication without appropriate legal authority, but student protesters received threats of physical harm and other online attacks from progovernment supporters.

The Bayanihan Act punishes “individuals or groups creating, perpetuating, or spreading false information regarding the COVID-19 crisis on social media or other platforms” that is “clearly geared to promote chaos, panic, anarchy, fear, or confusion.” Offenders face penalties of up to two months in prison or a substantial fine. Between March 9 and April 13, the PNP’s Anti-Cyber Crime Group recorded 24 cases of individuals allegedly sharing false information about the pandemic on social media. Legal groups expressed concern regarding local officials using vague provision on “fake news” in the emergency law. In April, Cebu artist Bambi Beltran was arrested without a warrant for posting a Facebook report about the rising number of COVID-19 cases in Cebu City. Cebu mayor Edgar Labella labeled her post as “fake news.” A Cebu court dismissed Beltran’s case in August for lack of jurisdiction.

On July 16, the National Bureau of Investigation subpoenaed a college student for cyber libel for sharing an online post criticizing former Duterte aide and now senator Christopher Lawrence “Bong” Go. Observers accused government officials of selectively using the cyber libel laws to suppress free expression.

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

A number of domestic and international human rights groups operated in the country, investigating and publishing their findings on human rights cases. Government officials were under pressure not to cooperate with or respond to the views of international human rights organizations. Local human rights activists continued to encounter occasional harassment, mainly from security forces or local officials from areas in which incidents under investigation occurred.

The Philippine Alliance of Human Rights Advocates reported that during a UN Human Rights Council session in May, the Philippine delegation presented a list of local organizations allegedly affiliated with leftist groups including iDefend, a human rights movement established by the alliance to campaign against the government’s war on drugs and continuing impunity.

Government Human Rights Bodies: The Commission on Human Rights’ constitutional mandate is to protect and promote human rights; investigate all human rights violations, including those reported by NGOs; and monitor government compliance with international human rights treaty obligations. Approximately three-quarters of the country’s 42,000 villages had human rights action centers that coordinated with commission regional offices. Although the legislature doubled the commission’s budget in the last two to three years, despite the executive’s efforts to reduce it, the commission nonetheless lacked sufficient resources to investigate and follow up on all cases presented to its regional and subregional offices.

The Office of the Ombudsman is an independent agency that responds to complaints about public officials and employees. It has the authority to make administrative rulings and seek prosecutions.

The Presidential Human Rights Committee serves as a multiagency coordinating body on human rights problems. The committee’s responsibilities include compiling the government’s submission for the UN Universal Periodic Review. Many NGOs considered it independent but with limited ability to influence human rights policy. The committee also chairs the Inter-Agency Committee on Extra-Legal Killings, Enforced Disappearances, Torture, and Other Grave Violations of the Right to Life, Liberty, and Security of Persons, also known as the AO35 committee. This body determines the appropriate mechanisms to resolve cases of political violence. It inventories all cases of extrajudicial killings, enforced disappearances, torture, and other grave violations and classifies cases as unresolved, under investigation, under preliminary investigation, or under trial.

The Regional Human Rights Commission is a constitutionally mandated body tasked with monitoring alleged human rights violations in Bangsamoro.

Samoa

Executive Summary

Samoa is a constitutional parliamentary democracy that incorporates traditional practices into its governmental system. Although the unicameral parliament is elected by universal suffrage, only matai (heads of extended families) may be members. In 2016 voters elected a new parliament, confirming Prime Minister Tuilaepa Sailele Malielegaoi in office. The elections were free and fair on the day, but the matai requirement and the questionable disqualification of candidates caused some observers to question the fairness of the outcome.

The national police, under the Ministry of Police, maintain internal security. Civilian authorities maintained effective control over the security forces. Members of the security forces committed isolated abuses.

Significant human rights issues included: arbitrary or unlawful interference with privacy at the village government level; criminal libel laws; laws criminalizing consensual same-sex sexual conduct between adults, although the law was not enforced; and the worst forms of child labor.

The government took steps to prosecute officials who committed abuses. There were no reports of impunity.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: Observers considered the Office of the Ombudsman generally effective and able to operate free from government or political party interference. The government usually adopted its recommendations. The Office of the Ombudsman also houses the National Human Rights Institute.

Tonga

Executive Summary

The Kingdom of Tonga is a constitutional monarchy. The Legislative Assembly, a parliamentary body consisting of 17 popularly elected members and nine nobles selected by their peers, elects the prime minister. Following the 2017 election, which international observers characterized as generally free and fair, Prime Minister Samuela ‘Akilisi Pohiva was returned to office for a second term. After Pohiva’s death in September 2019, the Legislative Assembly elected Pohiva Tu’i’onetoa to replace him. While Tu’i’onetoa and his cabinet are responsible for most government functions, King Tupou VI, the nobility, and their representatives retain significant authority.

The Tonga Police Force maintains internal security and reports to the Ministry of Police and Fire Services. Civilian authorities maintained effective control over the security forces. Members of the security forces committed few abuses.

Significant human rights issues included serious acts of corruption and a law criminalizing consensual same-sex sexual conduct between adults that remains on the books, although it is not enforced.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. Workplaces and internet cafes provided internet access, but most homes did not have internet access.

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views. The Office of the Ombudsman oversees the rights of every citizen in the country, including members of the public service and vulnerable members of society such as women, children, prisoners, and persons with disabilities.

Tuvalu

Executive Summary

Tuvalu is a constitutional parliamentary democracy. Observers judged that parliamentary elections held in September 2019 were free and fair, with seven new members elected to the 16-member parliament. There are no formal political parties. Following the elections, parliament selected Kausea Natano as prime minister.

The national police service, under the Ministry of Justice, Communications, and Foreign Affairs, maintains internal security. The country has no military force. Civilian authorities maintained effective control over the security forces. Members of the security forces were not reported to have committed abuses.

Significant human rights issues included laws criminalizing consensual same-sex sexual activities between men, although the law was not enforced.

The government took steps to investigate human rights abuses, and impunity was not a problem.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

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

No nongovernmental organizations (NGOs) focused solely on human rights, although no known barriers exist to the establishment of human rights groups. Some NGOs that included human rights in their agenda, such as the Tuvalu National Council of Women, operated under the auspices of the Tuvalu Association of NGOs, composed primarily of faith-based organizations. Organizations involved in human rights issues generally operated without government restriction, investigating and publishing their findings on human rights cases. Nonetheless, the lack of local print and electronic media limited opportunities to publicize such information locally. Government officials were somewhat cooperative and responsive to local organizations’ views.

Government Human Rights Bodies: The Office of the Ombudsman includes a national human rights institution, to promote and protect human rights in the country.

Vanuatu

Executive Summary

Vanuatu is a multiparty parliamentary democracy with a freely elected government. Observers considered the March 19-20 parliamentary election generally free and fair. Parliament elected Bob Loughman as prime minister. The president is head of state. Parliament elected Tallis Obed Moses president in 2017.

The national police maintain internal security. The Vanuatu Mobile Force, a paramilitary police unit, is responsible for external security but also has some domestic-security responsibilities. Both agencies report to the Ministry of Internal Affairs. Civilian authorities maintained effective control over the security forces. Members of the security forces are not known to have committed abuses.

Significant human rights issues included: serious acts of corruption; lack of investigation of violence against women; and minimal progress in reducing the worst forms of child labor.

The government made efforts to prosecute and punish abuses by officials and had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

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

A number of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: In consultation with other political leaders, the president appoints a government ombudsman to a five-year term. Investigating alleged human rights abuses is among the Office of the Ombudsman’s responsibilities. The office, however, does not have the power to prosecute, and the findings of its investigations are not admissible as evidence in court proceedings. The ombudsman referred cases deemed valid to the Public Prosecutor’s Office for action, but there were few prosecutions.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future