Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape but does not specifically address spousal rape. Prison sentences for rape range from five to 10 years and, although sex crimes are rarely reported due to cultural norms, authorities generally enforced the law. A provision of the penal code allows an adult accused of “corruption of a minor” to avoid prosecution if the accused subsequently marries his or her victim and if the crime did not involve violence, threats, or fraud. The law stipulates sentences of one year to life imprisonment for “anyone who voluntarily causes injury or blows to his or her spouse.” It also introduced penalties for verbal and psychological violence, sexual assault, harassment, and indecent assault.
Domestic violence remains a society-wide problem. The law states that a person claiming domestic abuse must visit a “forensic physician” for an examination to document injuries and that the physician must determine the injuries suffered “incapacitated” the victim for 15 days. The law prescribes up to a 20-year imprisonment for the accused, depending on the severity of injuries. If domestic violence results in death, a judge may impose a life sentence.
For the first quarter of the year, the Ministry for National Solidarity, Family, and Women reported that there were 260 logged cases of violence against women, down from 1,734 cases in 2019. The Minister of Solidarity provides psychological care, guidance, and administrative and legal support through their Social Action and Solidarity Departments (DASS) teams, which are in all the country’s provinces. The National Security General Directorate (DGSN) reported there were 6,121 complaints related to violence against women.
According to statistics from women’s advocacy groups published in the local press, between 100 and 200 women die each year from domestic violence. The government maintained two regional women’s shelters and finished building a third shelter in Annaba, which the government said will be operational by the end of the year. These shelters assisted with 300 cases of violence against women during 2019. The Information and Documentation Center on the Rights of Children and Women, a network of local organizations that promoted the rights of women, managed call centers in 15 provinces.
Femicides Algeria, an advocacy group which tracks and publicizes femicides, reported 38 women have been killed because of their gender in the country since the start of the year.
In April media reported several femicides. In Bouzareah a police officer shot and killed his wife in front of their four children. In Zahana a man threw his wife from the window of their second-floor apartment. In Relizane a 25-year-old man stabbed his mother. The women died in these three cases and police arrested the perpetrators. Their cases are still pending.
In October a 19-year-old woman, Chaima Sadou, was kidnapped, raped, and murdered. Authorities arrested a suspect, who confessed to killing Sadou. The suspect previously served three years in prison after authorities convicted him for sexually assaulting and stalking Sadou when she was 15 years old. Sadou’s remains were burned beyond recognition.
During the year a women’s advocacy group, the Wassila Network, received 200 cases of domestic violence. The Wassila Network stated information on domestic violence remains sparse and public authorities have not provided exact statistics on violence against women since 2012. The Wassila Network noted this number is a fraction of actual cases since victims of domestic violence rarely report the abuse to authorities and because of a forgiveness clause provided in the legal code. The clause stipulates that, if the victim forgives his or her aggressor, legal action ceases. The Wassila Network described situations in which a victim goes to police to report a domestic violence incident and family members convince the victim to forgive the aggressor, resulting in no charges.
The Wassila Network reported 16 femicides during the COVID-19 lockdown. According to the NGO, the figure is likely much higher, since many cases are not reported. Women’s groups expressed concerns about the consequences of the lockdown. NGO Femmes Algeriennes vers un Changement pour l’Egalite (FACE) issued a statement highlighting the increase of violence against women within the home. FACE called for authorities to implement emergency measures to protect women from violence.
Two women’s rights activists, Wiam Arras and Narimene Mouaci, launched a Facebook initiative called “Feminicides Algerie” to track femicide in the country. As of August 18, they documented 36 cases of femicide. The initiative’s goal is to publicize the extent of violence against women, specifically violence resulting in death. They began their publicity initiative in 2019, after seeing the discrepancy between official statistics and NGO statistics, the latter of which were almost double that of the authorities.
Women’s rights NGOs maintained call centers and counseling sessions throughout the COVID-19 lockdown. The Wassila Network, which usually averages between 20 calls a week, received an average of 70 calls per week since the COVID-19 lockdown began in March.
The law provides for sentences of one to 20 years’ imprisonment for domestic violence and six months to two years’ incarceration for men who withhold property or financial resources from their spouses.
In 2018 the Ministry for National Solidarity, Family, and Women and UN Women launched an administrative database, named AMANE, to collect information on violence against women. UN Women is using the information collected to assist the government in developing targeted programs to support and protect women in vulnerable situations, including violence, as part of one of its programs funded by the Belgian government. The government reported it uses the data to identify patterns of violence against women, specifically collecting data on family situations, types of violence, and relationship to the perpetrators. The 2019 AMANE data showed women aged 36-50 represent 47 percent of reported cases; women aged 19-35 represent 30 percent of cases; and the most frequent perpetrators are women’s husbands.
Female Genital Mutilation and Cutting (FGM/C): This was not generally practiced in the country but was widely present among immigrant communities in southern sectors, particularly among Sub-Saharan African migrant groups. While this abuse is considered a criminal offense punishable by up to 25 years in prison, there were no reports of any related convictions, nor any official pronouncements by religious or secular leaders proscribing the practice.
Sexual Harassment: The punishment for sexual harassment is one to two years’ imprisonment and a fine; the punishment doubles for a second offense. Women’s groups said that most reported cases of harassment occurred in the workplace.
Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children; have the right to manage their reproductive health; and had access to the information and means to do so. Societal and family pressure restricted women from making independent decisions about their health and reproductive rights.
Conservative elements of society challenged the government’s family planning program, including the provision of free contraception. A 2018 Oran hospital survey showed that a husband’s prohibition or religious disapproval influenced women’s contraceptive practices. Married and unmarried women had access to contraceptives, although some clinics required a prescription before dispensing birth control pills to unmarried women. A doctor in Oran said anecdotally that her colleagues more frequently questioned young women’s motives for seeking birth control, compared to past practice. Women did not need permission to obtain birth control pills, but doctors required permission of the partner for women who sought tubal ligation.
Civil society organizations such as the Wassila Network coordinated medical, psychological, and legal support to victims of sexual violence.
According to World Health Organization (WHO) data, the maternal mortality rate gradually dropped from 179 deaths per 100,000 live births in 1998 to 112 deaths per 100,000 live births in 2017 (the most recent available annual data). The WHO attributed the decline to increased medical training, investments in health care, and specific government initiatives aimed at reducing maternal deaths. A 2018 study by a prominent women’s group found that 75 percent of women who used nonbarrier birth control opted for the birth control pill, while 11 percent opted for an intrauterine device. These figures coincided with the United Nations Population Fund’s most recent data.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Although the constitution provides for gender equality, aspects of the law and traditional social practices discriminated against women. In addition some religious elements advocated restrictions on women’s behavior, including freedom of movement. The law prohibits Muslim women from marrying non-Muslims, although authorities did not always enforce this provision.
Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce the law provides for the wife to retain the family’s home until the children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization. The government provided a subsidy for divorced women whose former husbands failed to make child support payments.
The law affirms the religiously based practice of allowing a man to marry as many as four wives. The law permits polygamy only upon the agreement of the previous and future wife, and the determination of a judge as to the husband’s financial ability to support an additional wife. It was unclear whether authorities followed the law in all cases since local authorities had significant discretion and the government did not maintain nationwide statistics.
Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers. Women did not often have exclusive control over assets that they brought to a marriage or that they earned.
Women may own businesses, enter into contracts, and pursue careers similar to those of men. Women enjoyed rights equal to those of men concerning property ownership, and property titles listed female landowners’ names.
Birth registration: The mother or father may transmit citizenship and nationality. By law children born to a Muslim father are Muslim, regardless of the mother’s religion. The law does not differentiate between girls and boys in registration of birth.
On August 8, the prime minister changed the procedure for recognizing children born to an unknown father. The decree stipulates requests must be made through the Ministry of Justice. The decree also states that a “person who has legally fostered a child born to an unknown father, may submit a request, on behalf and for the benefit of this child, to the public prosecutor in order to change the patronymic name of the child and make it match his own.” If the child’s mother is known and alive, her consent is required to change the name. Those born abroad can file a request at the diplomatic or consular center of their place of residence.
Child Abuse: Child abuse is illegal but continues to be a problem. The government devoted increasing resources and attention to it. A national committee is responsible for monitoring and publishing an annual report on the rights of children. The government supported the Qatari NGO Network for the Defense of Children’s Rights. For the first quarter of the year, the Ministry for National Solidarity, Family, and the Status of Women reported that the government intervened in 887 child endangerment cases.
Laws prohibiting parental abduction do not penalize mothers and fathers differently, and the punishment for convicted kidnappers includes the death penalty.
In August, Meriem Chorfi, president of the National Body of the Protection and Promotion of Children (ONPPE), stated her organization’s toll free telephone number received 1,480 reports related to children’s rights abuses. She added that 500 calls occurred during the mandatory COVID-19 curfew period. Chorfi estimated the ONPPE hotline receives 10,000 calls per day, mostly to request information or clarification on specific topics related to child abuse.
Child, Early, and Forced Marriage: The legal minimum age of marriage is 19 for both men and women, but minors may marry with parental consent, regardless of gender. The law forbids legal guardians from forcing minors under their care to marry against the minor’s will. The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies.
Sexual Exploitation of Children: The law prohibits solicitation for prostitution and stipulates prison sentences of between 10 and 20 years when the offense is committed against a minor younger than 18. By law the age for consensual sex is 16. The law stipulates a prison sentence of between 10 and 20 years for rape when the victim is a minor. The DGSN reported there were 1,443 victims of child sexual abuse.
The law established a national council to address children’s matters, which gives judges authority to remove children from an abusive home, and allows sexually abused children to provide testimony on video rather than in court.
The country’s Jewish population numbered fewer than 200 persons.
Religious and civil society leaders reported that the Jewish community faced unofficial, religion-based obstacles to government employment and administrative difficulties when working with government bureaucracy.
The law prohibits discrimination against persons with disabilities, although the government did not always effectively enforce these provisions (see also section 7, Worker Rights).
The Ministry of National Solidarity, Family, and the Status of Women provided some financial support to health-care-oriented NGOs, but for many NGOs, such financial support represented a small fraction of their budgets. The government provided disability benefits to persons with disabilities who registered.
The Ministry of National Solidarity, Family, and Women reported that in 2019 it ran 238 centers throughout the country that provided support for persons with intellectual, auditory, vision, and physical disabilities.
Many persons with disabilities struggled to acquire assistive devices and noted the National Office of Apparatus and Accessories for the Handicapped did not have a presence in all provinces.
The ministry stated that it worked with the Ministry of Education to integrate children with disabilities into public schools to promote inclusion. The majority of the ministry’s programs for children with disabilities remained in social centers for children with disabilities rather than in formal educational institutions. Advocacy groups reported that children with disabilities rarely attended school past the secondary level. Many schools lacked teachers trained to work with children with disabilities, threatening the viability of efforts to mainstream children with disabilities into public schools. For the 2020-21 school year, the government reported it created 1,722 positions to assist children with disabilities, including 940 master teachers’, 400 teachers’, and 382 school assistants’ positions. The government also reported it limited class sizes for children with auditory, visual, and mental disabilities.
Many persons with disabilities faced challenges casting ballots due to voting centers that lacked accessible features.
The law criminalizes public indecency and consensual same-sex sexual relations between adult men or women, with penalties that include imprisonment of six months to three years and a fine. The law also stipulates penalties that include imprisonment of two months to two years and fines for anyone convicted of having committed a “homosexual act.” If a minor is involved, the adult may face up to three years’ imprisonment and a fine. LGBTI activists reported that the vague wording of laws criminalizing “homosexual acts” and “acts against nature” permitted sweeping accusations that resulted in multiple arrests for consensual same-sex sexual relations, but no known prosecutions during the year.
LGBTI status is not, in itself, criminalized; however, LGBTI persons may face criminal prosecution under legal provisions concerning prostitution, public indecency, and associating with bad characters. NGOs reported that judges gave harsher sentences to LGBTI persons for the above crimes compared to non-LGBTI persons. An NGO reported that LGBTI men were targeted more often than women.
The law does not extend antidiscrimination protections to LGBTI persons based on sexual orientation, gender identity or expression, or sex characteristics. Officials asserted that the law covers LGBTI individuals through general civil and human rights legislation. Government officials did not take measures specifically to prevent discrimination against LGBTI persons. LGBTI persons faced discrimination in accessing health services such as longer wait times, refusal of treatment, and shaming. Some organizations maintained a list of “LGBTI-friendly” hospitals, and several NGOs operated mobile clinics specifically for vulnerable communities. NGOs reported that employers refused jobs to LGBTI persons, particularly men perceived as effeminate. Community members reported obtaining legal assistance was also a challenge due to similar discrimination.
On July 24, Constantine’s national gendarmerie arrested 44 individuals for supporting a same-sex marriage. On September 3, authorities convicted 44 individuals of same-sex sexual relations, public indecency, and subjecting others to harm by breaking COVID-19-related quarantine measures. Two men received three years in prison and a fine, and the others received a one-year suspended sentence.
In February, two men shared their wedding ceremony on social media. Following the post, Tebessa security authorities arrested the two men, charging them with “displaying shameful images to the public, committing an act of homosexuality in public, and possession of drugs.”
During the year LGBTI NGOs organized virtual meetings. The NGOs reported government harassment, including threats of imprisonment.
Strong social stigma towards the vulnerable groups in which HIV/AIDS was most concentrated–commercial sex workers, men who have sexual relations with men, and drug users–deterred testing of these groups. The government reported it did not take measures to specifically prevent and treat HIV/AIDS in the LGBTI community. Members of the country’s LGBTI community reported pre-exposure prophylaxis (PrEP) is not available.
According to UNAIDS the country was close to achieving the UNAIDS’ 90-percent target, with 84 percent of persons living with HIV knowing their status. Civil society organizations are integral to the region’s HIV response, and advocate for HIV prevention, treatment, and funding. Many civil society organizations include individuals affected by HIV, helping these organizations reach key populations.
The government’s National AIDS Committee met during the year. The committee brought together various government and civil society actors to discuss implementation of the national strategy to combat HIV/AIDS.
During the COVID-19 pandemic, a professor at El-Hadi Flici Hospital, Algiers’ primary hospital for infectious diseases, stated ambulances were delivering AIDS patients’ medicines to reduce their susceptibility to COVID-19.
Belgium
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Rape of women or men, including spousal rape, is illegal, and the government prosecuted such cases. A convicted rapist may receive 10 to 30 years in prison. The law prohibits domestic violence and provides for fines and incarceration. Legal sanctions for domestic violence are based on the sanctions for physical violence against a third person; the latter range from eight days to 20 years in prison. In cases of domestic violence, these sanctions are doubled.
The activist blog StopFeminicide reported that 24 women died in connection with rape or domestic violence in 2019. The government does not keep a record of the number of femicides. According to 2018 federal police statistics, there were approximately 39,000 official complaints of physical, psychological, and economic violence, including 139 complaints of sexual violence, during that year.
A number of government-supported shelters and telephone helplines were available across the country for victims of domestic abuse.
According to analysis carried out in the country for the EU Commission in 2019, out of a sample of 100 rape cases, 50 of the rapists were never identified. Of the 50 who were identified, only four were judged in court: three were given a deferred sentence, while one was convicted and served prison time. In 2016 the Federal Public Service for Justice estimated that 500 to 600 of the 3,000 to 4,000 rape cases of rape reported annually ended in conviction. A survey of 2,300 male and female participants, ages 15 to 85, conducted by Amnesty International in during the year indicated that respondents believed only 4.3 percent of the reported cases lead to conviction.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for women and girls, and it was not a widespread practice in the country. Reported cases were primarily filed by recent immigrants or asylum seekers. Criminal sanctions apply to persons convicted of FGM/C. According to 2017 estimates, there were more than 17,000 female minor and adult victims of FGM/C in the country, while more than 8,000 were at risk. The vast majority of potential victims were asylum seekers from Cote d’Ivoire, Egypt, Guinea, and Somalia.
Sexual Harassment: The law aims to prevent violence and harassment at work, obliging companies to set up internal procedures to handle employee complaints. Sexist remarks and attitudes targeting a specific individual are illegal; parties ruled guilty are subject to fines. The government generally enforced antiharassment laws.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. All individuals have the right to manage their reproductive health. They had access to the information and means to do so, free from discrimination, coercion, or violence. No legal, social, or cultural barriers, or government policies adversely affect access to contraception. Similarly, no legal, social, or cultural barriers, or government policies adversely affect access to skilled health attendance during pregnancy and childbirth. The government provides access to sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Women have the same legal rights as men. The law requires equal pay for equal work and prohibits discrimination on the grounds of gender, pregnancy, or motherhood as well as in access to goods, services, social welfare, and health care. The government generally enforced the law effectively, although many NGOs and feminist organizations reported women often had to accept part-time work due to conflicting family obligations.
Birth Registration: The government registered all live births immediately. Citizenship is conferred on a child through a parent’s (or the parents’) citizenship, but, except for a few circumstances, not through birth on the country’s territory.
Child Abuse: The government continued to prosecute cases of child abuse and punish those convicted.
Child, Early, and Forced Marriage: The law provides that both (consenting) partners must be at least 18 years of age to marry. Federal police statistics for 2019 recorded 20 cases of forced marriage.
Sexual Exploitation of Children: The law prohibits sexual exploitation, abduction, and trafficking of children and includes severe penalties for child pornography and possession of pedophilic materials. Authorities enforced the law. The penalties for producing and disseminating child pornography range up to 15 years’ imprisonment and up to one year in prison for possessing such material. Local girls and foreign children were subjected to sex trafficking within the country.
The minimum age for consensual sex is 16. Statutory rape carries penalties of imprisonment for up 30 years.
In April, five men were arrested for their participation in a child pornography case involving 110 victims, 90 suspects, and some nine million images. The investigation began in 2015 and has since been referred to as the country’s largest child pornography case. The case involved three Belgians, a citizen of the Netherlands, and a UK citizen, all of whom were tried at the Dendermonde correctional court, were found guilty, and were subject to sentences ranging from five to 16 years in prison.
In September the courts convicted five persons for trafficking eight young Nigerian girls into the country. The girls, who were recruited under the promise of becoming hairdressers, were first transferred through Liberia before being forced into prostitution upon their arrival in the country.
The country’s Jewish community was estimated at 40,000 persons.
In 2019 UNIA received 79 complaints of anti-Semitism, a decrease from 101 complaints in 2018. Of these, 46 reports took place on the internet, five were linked to education, five were cases of verbal aggression and threats, six were cases of vandalism, and one case involved violence. Also in 2019 the Belgian Federal Police recorded 14 cases of Holocaust denial. The civil society organization antisemitisme.be recorded 75 anti-Semitic incidents in 2019; the majority of cases were ideological (34) or took place on the internet (26), while 11 involved property damage.
A poll by the EU’s Fundamental Rights Agency found that 39 percent of local Jews had encountered verbal abuse. Authorities generally investigated and where appropriate prosecuted such cases.
While ritual slaughter for religious practice remains legal at the federal level, the Flanders and Walloon regional governments instituted bans on religious slaughter in January and September 2019, respectively. In both regional governments, the law requires that animals be stunned prior to killing. Many Muslim and Jewish communities challenged the restrictions on grounds of discrimination and violation of religious freedom. On July 8, the EU Court of Justice heard the case. On September 10, the EU’s advocate general ruled against the ban, stating that it violates EU norms. The ruling was nonbinding but serves as a precursor to the final court decision expected later. Normally court decisions align with the advocate general’s ruling. The Brussels regional government does not have a policy on ritual slaughter and has further stated that it will await the court decision before holding discussions on the subject.
On February 23, the carnival parade in the city of Aalst, as in 2019, had floats with negative caricatures of Jews as well as individuals parading in Nazi SS uniforms. In 2019 UNESCO stripped the 600-year-old event of its World Heritage status because of its anti-Semitic floats.
The law prohibits public statements that incite national, racial, or religious hatred, including denial of the Holocaust. The government prosecuted and convicted individuals under this law (also see section 2.a.). The government provided enhanced security at Jewish schools and places of worship.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced these prohibitions.
While the government mandated that public buildings erected after 1970 must be accessible to persons with disabilities, many older buildings were still inaccessible. Although the law requires that prison inmates with disabilities receive adequate treatment in separate, appropriate facilities, many inmates were still incarcerated in inadequate facilities.
The National High Council for Persons with Disabilities raised concerns about access to intensive care services for persons with disabilities during the COVID-19 pandemic. UNIA stated as well that due to social distancing measures, persons with disabilities and older persons did not have equal access to health care. Cases included older persons and persons with disabilities being given oxygen without medical supervision, and a person with an intellectual disability being told to leave the hospital because he was too loud.
Ethnic profiling continued to be a problem, and there were sometimes concerns regarding ethnic profiling by police. Amnesty International, among others, alleged that police enforcing COVID-19 lockdowns sometimes targeted ethnic minority and marginalized groups with violence, discriminatory identity checks, forced quarantines, and fines.
According to media reports, police subjected Pierrette Herzberger-Fofana, a black member of the European Parliament, to violence in Brussels in June after she attempted to video-record nine police officers “harassing” two black youths. Herzberger-Fofana filed a complaint, while police filed a countersuit for defamation.
In 2018 Sanda Dia, a black Belgian student at the Catholic University Leuven, died while allegedly participating in the Reuzengom fraternity initiation custom known as a “baptism.” According to local media outlets, Dia died of hypothermia and multiple organ failure after being subjected to the club’s ritualistic hazing. In August new information regarding Dia’s treatment alleged that the club subjected him to racist remarks during his initiation. Reuzengom members were also accused of other displays of racism, including allegedly wearing Ku Klux Klan robes, a speech at the fraternity that referred to “our good German friend, Hitler,” and a video of club members singing, “Congo is ours.” In September requests for additional investigation into the incident postponed the case’s referral to criminal court until a later date.
The law prohibits discrimination against lesbian, gay, bisexual, transsexual, and intersex (LGBTI) persons in housing, employment, application of nationality laws, and access to government services, such as health care. The government enforced the law, but the underreporting of crimes against the LGBTI community remained a problem.
UNIA reported that in 2019 it received 133 complaints of acts of discrimination against members of the LGBTI community, of which 35 were related to workplace discrimination or harassment. This was a record number of complaints related to LGBTI discrimination and the first time workplace discrimination was the most cited abuse. A study by the EU Agency for Fundamental Rights found that 37 percent of individuals in the country identifying as LGBTI reported avoiding certain areas to avoid being harassed, assaulted, or insulted.
UNIA received several complaints of online hate speech and incitement to violence towards the LGBTI community. One case involved a student who had commented on a teacher’s Instagram page, that homosexuality was “cancerous,” telling him to “die of AIDS.” Within the political sphere, UNIA received reports of discrimination concerning comments made by several Vlaams Belang (an extreme right political party) politicians, stating that the LGBTI community “will always be abnormal,” referring to pictures of Pride marches as “repugnant,” and saying that allowing homosexuals to marry and adopt children “is going too far.”
LGBTI persons from immigrant communities reported social discrimination within those communities.
The law provides protections for transgender persons, including legal gender recognition without first undergoing sex reassignment surgery.
There were reports of physical and verbal attacks against Muslims. In 2019, the most recent year of available data, the Collective against Islamophobia in Belgium reported they had received 108 reports of discrimination. Of these, 96 investigations were opened, of which 80 were confirmed as cases of Islamophobia. In nine of 10 confirmed cases, the victims of discrimination were women. During the same year, UNIA registered 290 reports of discrimination against persons of Muslim faith.
UNIA received complaints of discrimination based on physical characteristics, political orientation, social origin, or status. Restrictions on Islamic clothing in public- and private-sector employment, schools, and public spaces affected Muslim women in particular.
In February the Brussels Court of First Instance ruled that prohibiting headscarves in sports for safety reasons was permitted and that a sports headscarf did not meet the safety requirements. In July the Constitutional Court ruled that educational institutions could prohibit religious symbols (namely headscarves), leading to protests against the ruling for disproportionately targeting girls of Muslim faith. In November a teacher in a Molenbeek school was suspended for showing caricatures of the prophet Mohammed in his class. UNIA also reported numerous instances of religious discrimination via social media. In October, two individuals were sentenced to six months of prison and a fine for running a Facebook page, Identitaires Ardennes, which featured anti-Islamic hate speech. The Audiovisual Superior Council noted an increase and normalization of online hate speech.
In November, UNIA published a report on the effect of the COVID-19 pandemic on discrimination. The study found that reports of discrimination rose by 32 percent between February 1 and August 19 in comparison with 2019. A total of 1,850 complaints which UNIA linked to the health and safety measures taken to combat the COVID-19 pandemic were registered. Discrimination reports came mainly from persons with East Asian and foreign origins, persons with disabilities, young persons, and elderly persons.
Benin
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law prohibits rape, but enforcement was weak due to police ineffectiveness, official corruption, and victims not reporting cases due to fear of social stigma and retaliation. Sentences for rape convictions range from five to 20 years’ imprisonment. The law explicitly prohibits spousal rape and provides the maximum penalty for conviction of raping a domestic partner. Because of the lack of police training in collecting evidence associated with sexual assaults, ignorance of the law, and inherent difficulties victims faced in preserving and presenting evidence in court, judges reduced most sexual offense charges to misdemeanors. The primary form of evidence used to prove sexual assault required physician certification. Since physicians were only accessible in large cities, victims in rural areas were effectively precluded from pursuing charges.
Penalties for conviction of domestic violence range from six to 36 months’ imprisonment. Nevertheless, domestic violence against women was common. Women remained reluctant to report cases, and judges and police were reluctant to intervene in domestic disputes.
The Ministry of Social Affairs provided financial support to some victims of abuse. The ministry’s Center for Social Promotion provided mediation services that in some cases resulted in victim restitution. The ministry also organized public outreach campaigns to raise public awareness of violence against girls and women. During the year the Ministry of Health and Ministry of Social Affairs instituted a services training program for victims of rape, domestic violence, and other forms of gender-based violence to health clinic and social service first responders.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and provides penalties for conviction of performing the procedure, including prison sentences of up to 10 years and substantial monetary fines. Nevertheless, FGM/C occurred, and enforcement was rare due to the code of silence associated with this crime. The practice was largely limited to remote rural areas in the north. According to UNICEF, 7 percent of girls and women ages 15 to 49 underwent FGM/C in 2018.
The government, in conjunction with NGOs and international partners, continued to raise public awareness of the dangers of the practice.
Sexual Harassment: The law prohibits sexual harassment and offers protection for victims, but sexual harassment was common in the workplace and in schools. Persons convicted of sexual harassment face sentences of one to two years’ imprisonment and substantial monetary fines. The law also provides for penalties applicable to persons who are aware of sexual harassment but do not report it. Victims, however, seldom reported harassment due to fear of social stigma and retaliation; furthermore, police, examining magistrates who conduct pretrial investigations, and prosecutors lacked the legal knowledge and capacity to pursue such cases. Although laws prohibiting sexual harassment were not widely enforced, judges used other provisions in the penal code to address sexual abuses involving minors.
On May 1, Office of Radio and Television Broadcasting health correspondent Angela Kpeidja stated that “rape and moral and sexual harassment” were rampant at the state-owned broadcaster.
On May 4, civil society groups and the Benin Human Rights Defenders Association coalition of human rights NGOs issued a joint statement denouncing sexual harassment and calling on the Ministries of Labor, Communications, Justice, and Social Affairs to enforce laws prohibiting sexual harassment and protecting its victims. On May 5, the president pledged to do more to protect women in the workplace and to encourage them to report incidents of sexual harassment.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children. The law limits abortion to safeguarding the life of a girl or woman.
Societal pressures imposed barriers to contraception. Although minors had the legal right to access contraception without parental consent, health-care workers sometimes disrupted access by requiring parental consent. In some areas, notably the Plateau Department bordering Nigeria, traditional leaders used voodoo to threaten women to stay indoors during contraceptive campaigns, according to the Beninese Association for Social Marketing. Roman Catholic churches prohibited the use of modern contraceptives. Anecdotal reports suggested that cultural norms also influenced low rates of contraception.
The government provided access to sexual and reproductive health services for survivors of sexual violence.
According to the government’s 2017-2018 Demographic Health Survey, the maternal mortality rate was 391 deaths per 100,000 live births. Factors contributing to the high mortality rate were deliveries without adequate medical assistance, lack of access to emergency obstetric care, and unhygienic conditions. According to the survey, 84 percent of live births took place in a health center (most of which were public), and 20 percent of girls and women ages 15-19 were either pregnant or had already had one live birth. These rates varied dramatically with higher adolescent birth rates (24 to 38 percent) in northern departments and lower rates (ranging from 8 to 16 percent) in southern departments.
Poor access to reproductive health information in rural areas, poverty, and low levels of formal education contributed to low usage of contraceptives and high pregnancy rates. Only 13 percent of girls and women ages 15 to 49 used a modern method of contraception, and 35 percent of women had an unmet need for contraception.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Although the constitution provides for equality for women in political, economic, and social spheres, women experienced extensive discrimination in obtaining employment, credit, equal pay, and in owning or managing businesses. There were legal restrictions on women in employment, including limitations on the occupations in which women are allowed to work.
The law bans all discrimination against women in marriage and provides for the right to equal inheritance. The government and NGOs educated the public on women’s inheritance and property rights and their increased rights in marriage, including prohibitions on forced marriage, child marriage, and polygyny. The government did not enforce the law effectively, however.
Birth Registration: Citizenship is derived by birth within the country to a citizen father. By law the child of a Beninese father is automatically considered a citizen, but the child of a Beninese woman is considered Beninese only if the child’s father is unknown, has no known nationality, or is also Beninese. Particularly in rural areas, parents often did not declare the birth of their children, either from lack of understanding of the procedures involved or because they could not afford the fees for birth certificates. This could result in denial of public services such as education and health care.
A 2018 law authorizes vital records offices to issue provisional birth certificates on an exceptional basis to persons lacking one who were enrolled in the Administrative Census for the Identification of the Population program. According to the UNICEF State of the World’s Children survey, 86 percent of births were registered in 2018.
Education: Primary education is compulsory for all children between ages six and 11. Public school education is tuition free for primary school students and for female students through grade nine in secondary schools. Girls did not have the same educational opportunities as boys and the literacy rate for women was 18 percent, compared with 50 percent for men. In some parts of the country, girls received no formal education.
Child Abuse: Violence against children was common. According to the Center for Social Promotion of Aplahoue, there were reported cases of rape, abduction, forced marriage, and trafficking of girls during the year. The law bans a wide range of harmful practices and provides for substantial fines and up to life imprisonment for persons convicted of child abuse. Police of the Central Office for the Protection of Minors arrested suspects, referred them to judicial authorities, and provided temporary shelter to victims of abuse. Courts meted out stiff sentences to persons convicted of crimes against children, but many such cases never reached the courts due to lack of awareness of the law and children’s rights, lack of access to courts, fear of police involvement, or a combination of the three.
On March 18, the Ministry of Social Affairs launched a hotline staffed by social workers to report child abuse cases and to facilitate a systematic response to child abuse by police and social workers. On May 26, a hotline operator received a call concerning a badly abused six-year-old boy in Womey-Yenadjro neighborhood in Abomey-Calavi north of Cotonou. The abuser was arrested, tried, convicted, and sentenced to two years’ imprisonment.
Child, Early, and Forced Marriage: The law prohibits marriage at younger than age 18 but grants exemptions for children ages 14 to 17 with parental consent and authorization of a judge. According to the Benin 2017-2018 Demographic Health Survey, 9 percent of women between the ages of 20 and 24 were married before age 15. Child, early, and forced marriage included barter marriage and marriage by abduction, in which the groom traditionally abducts and rapes his prospective child bride. The practice was widespread in rural areas, despite government and NGO efforts to end it through information sessions on the rights of women and children. Local NGOs reported some communities concealed the practice. The joint government and UNICEF Zero Tolerance for Child Marriage campaign to change social norms and create a protective environment for children in their communities continued.
Sexual Exploitation of Children: The penal code provides penalties for conviction of rape, sexual exploitation, and corruption of minors, including procuring and facilitating prostitution; it increases penalties for cases involving children younger than age 15. The child trafficking law provides penalties for conviction of all forms of child trafficking, including child commercial sexual exploitation, prescribing penalties if convicted of 10 to 20 years’ imprisonment. Individuals convicted of involvement in child commercial sexual exploitation, including those who facilitate and solicit it, face imprisonment of two to five years and substantial monetary fines. The child code prohibits child pornography. Persons convicted of child pornography face sentences of two to five years’ imprisonment and substantial monetary fines.
Infanticide or Infanticide of Children with Disabilities: Although concealed from authorities, traditional practices of killing breech babies, babies whose mothers died in childbirth, babies considered deformed, and one newborn from each set of twins (because they were considered sorcerers) occurred. Authorities enforced prohibitions and discouraged the practice through door-to-door counseling and awareness raising.
The law provides for the protection of the rights of persons with disabilities, including physical, sensory, intellectual, psychological, mental, and communication disabilities, against all forms of exploitation and violence.
The Federation of Associations of Persons with Disabilities of Benin reported that persons with disabilities faced discrimination in employment, health care, access to education, and access to justice.
The government operated few institutions to assist persons with disabilities. The Ministry of Social Affairs coordinated assistance to persons with disabilities through the Support Fund for National Solidarity.
The Promotion and Protection of the Rights of Persons with Disabilities Act provides for a wide range of social benefits to persons with disabilities, including improved access to health care, education, vocational training, transportation, and sports and leisure activities. It includes provisions regarding the construction or alteration of buildings to permit access for persons with disabilities. It requires schools to enroll children with disabilities. In July the Ministry of Social Affairs conducted a campaign to provide medical care, temporary housing, family reintegration assistance, and social service provider referrals for homeless persons with mental disabilities.
The law does not criminalize consensual same-sex sexual conduct between adults. A provision related to public indecency in the penal code, however, may be applied to prosecute same-sex sexual conduct by charging individuals with public indecency or acts against nature. The law prohibits all forms of discrimination without specific reference to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.
Members of the LGBTI community reported police tolerated violence against LGBTI individuals. For example, on July 29, in the northern town of Bohicon, a group of 15 men attacked and severely beat a transgender woman at a bar. Upon seeking assistance at the police station, police required the victim to stay the night, photographed her injuries and genitalia with their mobile phones, and accused the victim of deceiving the men by identifying as a woman. The victim was asked if she had stolen anything or done anything to provoke the beating. The victim did not file a formal complaint, and as of December police had not conducted an investigation of the assault.
Police generally ignored vigilante attacks. Incidents of mob violence occurred, in part due to the perceived failure of local courts to punish criminals adequately. Such cases generally involved mobs killing or severely injuring suspected criminals, particularly thieves caught stealing. For example, on July 28, vigilantes caught a burglar breaking into a shop in the southwestern village of Kinkinhoue. Media reported that the vigilantes burned the victim to death. Police did not conduct a formal investigation of the incident.
Despite government efforts to implement policies to regulate transhumance (the practice of moving livestock seasonally from one grazing area to another), periodic violence between farmers and Fulani herders continued. While several commune-level officials blamed armed Fulani herders from Nigeria for provoking violence by allowing their cattle to eat farmers’ crops, both herders and farmers engaged in violence. There were numerous reported instances of violence similar to the following examples. On January 21, in Ouinhi in the southwest of the country, herders killed two farmers; on May 1, in Woroko in the central part of the country, six persons died and several more were injured in clashes between farmers and herders; on June 3, in the northern town of Malanville bordering Niger, nine individuals died in clashes between farmers and herders; and on August 5, a farmer in the northern town of Bembereke stoned to death a Fulani child age 10 for trespassing.
Brunei
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Secular law stipulates imprisonment from eight to 30 years plus caning with a minimum of 12 strokes as punishment for rape. The SPC provides stoning to death as the maximum punishment for rape. The law does not criminalize rape against men or spousal rape and explicitly states that sexual intercourse by a man with his wife is not rape as long as she is not younger than 14 (15 if she is ethnic Chinese). There is no specific domestic violence law, but authorities arrested individuals in domestic violence cases under the law related to protection of women and girls. The criminal penalty under the law is one to two weeks in jail and a fine for a minor assault; an assault resulting in serious injury is punishable by caning and a longer prison sentence. Islamic family law provides protections against spousal abuse and for the granting of protection orders, and it has been interpreted to cover sexual assault. The penalty for violating a protection order is a significant fine, maximum imprisonment of six months, or both.
Police investigated domestic violence only in response to a report by a victim but reportedly did respond effectively in such cases.
The government reported rape cases, but there were no data available on the prevalence of the crime. All rape cases are tried under the secular civil law. However, if a rape case were to be tried under the Sharia Penal Code the high evidential standards may discourage reporting of the crime. A special police unit staffed by female officers investigated domestic abuse and child abuse complaints.
The Department of Community Development in the Ministry of Culture, Youth, and Sports provided counseling for women and their spouses. Some female and minor victims of domestic violence and rape were placed in protective custody at a government-sponsored shelter while waiting for their cases to be scheduled in court. Islamic courts staffed by male and female officials offered counseling to married couples in domestic violence cases. Islamic courts recognized assault as grounds for divorce.
Female Genital Mutilation/Cutting (FGM/C): No law criminalizes FGM/C for women of any age. There were no statistics on the prevalence of FGM/C, but international media and contacts reported that in general Type 4 FGM/C was done within 40 days of birth based on religious belief and custom and that the practice was widespread. Contacts also reported that the procedure was sometimes performed outside of a medical setting. The Ministry of Religious Affairs declared “circumcision” for Muslim girls (sunat) to be a religious rite obligatory in Islam and described it as the removal of the hood of the clitoris (Type I per World Health Organization classification).
Sexual Harassment: The law prohibits sexual harassment and states that whoever utters any word, makes any sound or gesture, or exhibits any object intending to insult the modesty of a woman shall be punished by up to three years in prison and a fine. The law also stipulates that whoever assaults or uses criminal force, intending thereby to outrage, or knowing the act is likely to outrage the modesty of a person, shall be punished by caning and a maximum imprisonment of five years. There were reports of sexual harassment, but there were no data available on the prevalence of the crime.
Reproductive Rights: Couples have the legal right to decide the number, spacing, and timing of their children, and they have access to the information and means to do so, free from discrimination, coercion, or violence. Social, cultural, and religious pressures may have affected some women’s access to contraception or health care for sexually transmitted infections. Unmarried Muslim women had difficulty obtaining contraception from government clinics, turning to private clinics or reproductive services abroad instead. Women seeking medical assistance for complications arising from illegal abortions were reported to police after being given care. The government provides access to health services for sexual violence survivors.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: In accordance with the government’s interpretation of the Quran, Muslim women and men are accorded different rights, particularly as codified in sharia law, applicable to Muslims. Secular civil law permits female citizens to own property and other assets, including business properties. Noncitizen husbands of citizens may not apply for permanent resident status until they reside in the country for a minimum of seven years, whereas noncitizen wives may do so after two years of marriage. Although citizenship is automatically inherited from citizen fathers, citizen mothers may pass their nationality to their children only through an application process in which children are first issued a certificate of identity (and considered stateless).
Birth Registration: Citizenship derives from the father, or, following an application process, the mother. Citizenship is not derived by birth within the country’s territory. Birth registration is universal and equal for girls and boys. Stateless parents must apply for a special pass for a child born in the country. Failure to register a birth is against the law and later makes it difficult to enroll the child in school.
Child Abuse: Child abuse is a crime and was prosecuted but did not appear prevalent. The Royal Brunei Police Force includes a specialized Woman and Child Abuse Crime Investigation Unit, and the Ministry of Culture, Youth, and Sports provided shelter and care to victims.
Child, Early, and Forced Marriage: The legal minimum age of marriage for both boys and girls is 14 years and seven months with parental and participant consent, unless otherwise stipulated by religion or custom under the law, which generally sets a higher minimum age. The Islamic Family Act sets the minimum marriageable age at 16 for Muslim girls and 18 for Muslim men and makes it an offense to use force, threat, or deception to compel a person to marry against his or her own will. Ethnic Chinese must be 15 or older to marry, according to the Chinese Marriage Act, which also stipulates sexual intercourse with an ethnic Chinese girl younger than 15 is considered rape even if with her spouse. Observers reported that, although permitted by the law, marriages involving minors were rare and generally prohibited by social custom.
Sexual Exploitation of Children: By law sexual intercourse with a girl younger than 14 (15 if ethnically Chinese) constitutes rape and is punishable by imprisonment of from eight to 30 years plus a minimum of 12 strokes of the cane. The law provides for protection of women, girls, and boys from commercial sexual exploitation through prostitution and “other immoral purposes,” including pornography. The government applied the law against “carnal intercourse against the order of nature” to prosecute rape of male children. The minimum age for consensual sex outside of marriage is 16.
There was no known Jewish community in the country. Comments disparaging Jewish persons collectively were occasionally posted online and on social media.
The law does not prohibit discrimination against persons with disabilities or mandate accessibility or the provision of most public services to them. Access to buildings, information, transportation, and communications for persons with disabilities was inconsistent. The law does not specifically address access to the judiciary for persons with disabilities. All persons regardless of disability, however, receive the same rights and access to health care.
Although not required by law, the government provided inclusive educational services for children with disabilities who attended both government and religious schools alongside nondisabled peers. Persons with disabilities may participate in local village elections.
During the year the Department for Community Development continued its outreach programs promoting awareness of the needs of persons with disabilities.
By a decree from the sultan, all children with disabilities younger than age 15 are eligible to receive a monthly disability allowance of Brunei Dollars (BND) 450 ($330). Nine registered NGOs worked to supplement services provided by the three government agencies that supported persons with disabilities. The government introduced alternative methods of payment to ensure that persons with disabilities received disability allowance during the COVID-19 pandemic.
The government favors ethnic Malays in society through the national Malay Islamic Monarchy philosophy. Under the constitution, ministers and most top officials must be Malay Muslims, although the sultan may make exceptions. Members of the military must be Malay. The government pressured both public- and private-sector employers to increase hiring of Malay citizens. There were no known incidents of violence against members of ethnic minority groups, but the government continued policies that favored ethnic Malays in employment, health, housing, and land ownership.
Some indigenous persons were stateless. Indigenous lands were not specifically demarcated, and there were no specially designated representatives for indigenous groups in the Legislative Council or other government entities. Indigenous persons generally had minimal participation in decisions affecting their lands, cultures, and traditions and in the exploitation of energy, minerals, timber, or other natural resources on and under indigenous lands.
Secular law criminalizes “carnal intercourse against the order of nature,” understood to mean sex between men. In 2017 legal amendments increased the minimum prison sentence for such carnal intercourse to 20 years. The amendments were intended to apply in cases of rape or child abuse wherein both attacker and victim are male, because existing law covered only assault of a woman by a man. The SPC bans liwat (anal intercourse) between men or between a man and a woman who is not his wife, with a maximum penalty of death by stoning. The SPC also prohibits men from dressing as women or women dressing as men “without reasonable excuse” or “for immoral purposes.” Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported that the Ministry of Religious Affairs summoned transsexual individuals to their offices and demanded that they agree to maintain the gender listed on their birth certificate, although no threats of punishment were made in any of these reported cases.
At a private Pride gathering, members of the LGBTI community reported societal discrimination in public and private employment, housing, recreation, and in obtaining services including education from state entities. Members said the absence of online or in-person support injured their mental health but that they were reluctant to seek counseling at government health centers. Members of the LGBTI community reported the government monitored their activities and communications. Like all events in the country, events on LGBTI topics were subject to restrictions on assembly and expression. The LGBTI community reported that the government would not issue permits for community events or other occasions on LGBTI topics.
HIV and HIV-related stigma continued and discrimination occurred. By law foreigners infected with HIV are not permitted to enter or stay in the country, although no medical testing is required for short-term tourists.
The Ministry of Health reported more than 70 persons were infected with HIV between 2018 and 2019, of whom 90 per cent were men. In response, on October 7, the Brunei Darussalam AIDS Council, a government-linked NGO, provided free HIV testing and anonymous counseling for all men, an initiative to encourage infected men to seek resources and assistance without fear of scrutiny over the cause or source of infection.
Burkina Faso
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Gender-based violence was prevalent, including rape and domestic violence. According to the penal code, rape is punishable by a prison sentence of 11 to 20 years and a substantial monetary fine when committed against an adult or minor age 13 years or older. The penalty is 11 to 30 years in prison and even higher monetary fines when the victim is younger than 13. Rape was widely underreported in part due to societal taboos and the drawn-out judicial process owing to the overburdened justice system. Media, however, reported on the prevalence of rape cases and subsequent convictions.
In May, Oxfam reported more than one million women and girls in the country faced increased sexual violence, as well as hunger and water shortages, as a result of the conflict and further exacerbated by the COVID-19 pandemic (see sections 1.g. and 2.e.).
On August 12, a man was arrested for having raped and impregnated his 14-year-old daughter who was then repudiated by the family for acts of incest. She was transferred to a shelter for young girls in distress in Ouagadougou.
The Ministry of Women, National Solidarity, Family, and Humanitarian Affairs indicated in a July 8 communique that three girls ages three, five, and eight were raped in the Boucle du Mouhoun Region, and the three-year-old victim died. The communique also revealed that a 17-year-old IDP was seriously injured with a machete by her boyfriend. An investigation was underway into these attacks.
On March 30, a 16-year-old girl was reportedly raped on her hospital bed in the Tanghin-Dassouri Department by the son of a male patient housed in the same room as the victim.
Survivors of domestic violence seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice could provide no statistics on prosecutions, convictions, or punishment. A government-run shelter for survivors of gender-based violence housed women and girls regardless of nationality. In Ouagadougou the Ministry of Women, National Solidarity, Family, and Humanitarian Affairs assisted victims of domestic violence at four centers. The ministry sometimes provided counseling and housing for abused women.
The ministry has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. To raise awareness of gender discrimination and reduce gender inequalities, the ministry organized numerous workshops and several awareness campaigns mainly in the Nord, Sahel, Est, and Centre-Ouest Regions.
The law makes conviction of “abduction to impose marriage or union without consent” punishable by six months to five years in prison. Conviction of sexual abuse or torture or conviction of sexual slavery is punishable by two to five years in prison. Conviction of these crimes may also carry substantial monetary fines.
The law requires police to provide for protection of domestic violence survivors and their minor children and mandates the establishment of chambers in the High Court with exclusive jurisdiction over cases of violence against women and girls. The law requires all police and gendarmerie units to designate officers to assist women affected or threatened by gender-based violence and to respond to emergencies; however, some units had not complied by year’s end. It also mandates the creation of care and protection centers in each commune for gender-based violence survivors and a government support fund for their care. The centers receive survivors on an emergency basis, offer them security, provide support services (including medical and psychosocial support), and, when possible, refer them to court.
Female Genital Mutilation/Cutting (FGM/C): The practice of FGM/C is prohibited by law, and those found guilty are liable to a prison sentence of one to 10 years with a substantial monetary fine. If a victim of FGM/C dies following the excision, the sentence increases to a term of 11 to 20 years’ imprisonment and an even higher monetary fine. Accomplices are also punishable with penalties. While comprehensive statistics were not available, as of December 2019 the Ministry of Women, National Solidarity, Family, and Humanitarian Affairs had registered 185 FGM/C cases in the Sud-Ouest Region. Some arrests were reported.
Media reported some FGM/C cases. For example, in January, nine girls ages one to five were excised in the village of Tiomboni in Hounde, but no arrests were reported.
The government continued to fund and operate a toll-free number to receive anonymous reports of the practice. The government continued to fund the Permanent Secretariat of the National Council for the Fight against the Practice of Excision, which reported that as of August, 3,090 villages had agreed to cease practicing excision. The council strengthened the skills of regional coordinators of women’s associations in the fight against excision through training. The government also provided training to 2,500 health workers to strengthen their skills in caring for FGM/C-related medical complications. On July 14, President Kabore spoke with representatives of youth from the 13 regions of the country engaged in the fight against FGM/C.
Other Harmful Traditional Practices: In the Center-East Region, primarily in rural areas, self-proclaimed traditional healers performed rituals in which participants denounced others as “witches” whom they held responsible for their misfortune. Those accused, often elderly women, and less frequently men, were sometimes tied up, humiliated, beaten, brutalized, banned from their villages, or killed. Widows were disproportionately accused of witchcraft by male relatives, who then claimed their land and other inheritance. The law, which was seldom enforced, makes the conviction of physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in prison, a substantial monetary fine, or both.
Sexual Harassment: The law provides for sentences of three months to one year in prison and a substantial monetary fine or conviction of sexual harassment; the maximum penalty applies if the perpetrator is a relative or in a position of authority, or if the victim is “vulnerable.” The government was ineffective in enforcing the law. Owing to social taboos, victims rarely reported sexual harassment.
Reproductive Rights: The law entitles couples and individuals to decide freely the number, spacing, and timing of their children, and to manage their reproductive health free from discrimination, coercion, or violence, but individuals often lacked the information and means to exercise these rights.
Government and private health centers were open to all women and offered reproductive health services, skilled medical assistance during childbirth (essential obstetric and postpartum care), and diagnosis and treatment of sexually transmitted diseases. Family planning services were free in all public health facilities. Remote villages, however, often lacked these facilities or did not have adequate transportation infrastructure to permit easy access.
According to the UNFPA, 58 percent of women aged 15-49 had their reproductive needs satisfied with modern methods. According to the UNFPA also, in 2018 the adolescent birth rate was 132 per 1,000 girls aged 15-19.
Geographical distance, illiteracy, insufficient capacity of providers, lack of medical supplies, and religious and social beliefs regarding the negative effects of contraceptive methods were the main barriers to access to contraception. Women’s limited decision-making power and men’s lack of support for and understanding of family planning were also barriers to access to contraception.
The government worked with international and local aid organizations to provide access to sexual and reproductive health services for Internally Displaced Persons.
The volatile security situation impacted women’s and girls’ sexual and reproductive health needs, since 12 percent of the health centers in the Nord, Sahel, and Est regions closed due to insecurity. The COVID-19 pandemic reduced access to family planning services, as well as overall sexual and reproductive health.
In 2016 according to the National Institute of Statistics and Demography, the maternal mortality rate was 320 deaths per 100,000 live births. According to the UNFPA, between 2014-2019, 80 percent of births were attended by skilled health personnel. Among the leading causes of maternal deaths were hemorrhage (30 percent) and infection (23 percent).
The government’s official midwifery curriculum included components on the prevention of FGM/C and care for women and girls affected by it.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Although the law generally provides the same legal status and rights for women as for men–including under family, labor, property, and inheritance laws–discrimination frequently occurred. Labor laws provide that all workers–men and women alike–should receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property. There were legal restrictions on women’s employment under certain working conditions and in the same occupations and industries as men.
Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result, authorities often denied women the right to own property, particularly real estate. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.
The government conducted media campaigns to change attitudes toward women. It sponsored a number of community outreach efforts and awareness campaigns to promote women’s rights.
Birth Registration: Citizenship derives either from birth within the country’s territory or through a parent. Parents generally did not register births immediately, particularly in the rural areas; lack of registration sometimes resulted in denial of public services, including access to school. To address the problem, the government periodically organized registration drives and issued belated birth certificates.
Education: The law provides for compulsory schooling of children until age 16. Nevertheless, many children did not attend school. Targeted attacks on schools and insecurity forced thousands of schools to close (see section 1.g.). Parents often had to pay their children’s school fees as well as provide their uniforms and supplies. Other factors affecting school enrollment included distance to the nearest school, lack of transportation, shortages of teachers and instructional materials, and lack of school feeding programs. Girls’ enrollment was lower than that of boys at all levels due to poverty, a cultural preference to educate boys, the early marriage of girls, and sexual harassment of girls.
Many children attended Quranic schools. Educators forced some children sent to Quranic schools by their parents to engage in begging (see section 7.c.).
Child Abuse: The penal code provides for a prison sentence of one to three years with a substantial monetary fine for those found guilty of inhuman treatment or mistreatment of children. In 2019 the government launched a National Child Protection Strategy to create a strengthened institutional, community, and family environment to ensure effective protection for children by 2023.
Child, Early, and Forced Marriage: The law prohibits forced marriage and provides for prison sentences ranging from six months to two years for offenders, and a three-year prison sentence if the victim is younger than age 13.
According to the family code, “marriage can only be contracted between a man older than age 20 and a woman older than 17, unless age exemption is granted for serious cause by the civil court.” Nonetheless, data from UNICEF indicated that 10 per cent of women were married before age 15 and 52 per cent of women before 18. While early marriage occurred throughout the country, the NGO Plan International reported that some of the highest rates of early marriage were 83 percent in the Sud-Ouest Region, 83 percent in the Centre-Nord Region and 72 percent in the Centre-Est Region. In August the Lobbying and Advocacy Action Group (GALOP), an association mainly composed of the wives of senior officials and chaired by the first lady, initiated a training session to counter the practice of child marriage, which was carried by media in Ouagadougou. GALOP set up a network of journalists and communicators to produce and disseminate press articles to raise awareness of the effects of early marriage. During the year the government organized travelling campaigns targeting specific communes for education against the practice.
According to media reports, however, the traditional practice persisted of kidnapping, raping, and impregnating a girl and then forcing her family to consent to her marriage to her violator. NGOs reported that minors, especially girls, were kidnapped on their way to school or to market and forced into early marriage.
Sexual Exploitation of Children: The law provides penalties for conviction of “child prostitution” or child pornography of five to 10 years’ imprisonment, a substantial monetary fine, or both. The minimum age of consensual sex is 15. The law criminalizes the sale of children, child commercial sexual exploitation, and child pornography. Children from poor families were particularly vulnerable to sex trafficking. The government did not report any convictions for violations of the law during the year. The penal code prescribes penalties of 11 to 20 years’ imprisonment and a substantial monetary fine for sex trafficking involving a victim 15 years or younger. It also prescribes five to 10 years’ imprisonment and substantial monetary fines for sex trafficking involving a victim older than age 15.
Infanticide or Infanticide of Children with Disabilities: The law provides for a sentence of 10 years’ to life imprisonment for infanticide. Newspapers reported several cases of abandonment of newborn babies.
Displaced Children: Recurrent armed attacks displaced hundreds of thousands of children. According to CONASUR, the national emergency relief council, women and children accounted for 60 percent of the IDPs (see section 2.e.).
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, transportation, access to health care, the judicial system, or the provision of other state services. There is legislation to provide persons with disabilities less costly or free health care and access to education and employment. The law also includes building codes to provide for access to government buildings. The government did not effectively enforce these provisions.
Persons with disabilities encountered discrimination and reported difficulty finding employment, including in government service.
The government had limited programs to aid persons with disabilities, but NGOs and the National Committee for the Reintegration of Persons with Disabilities conducted awareness campaigns and implemented integration programs.
On October 27, President Kabore presided over a national forum on developing more socioeconomic inclusion for persons with disabilities. The government continued to arrange for candidates with vision disabilities to take the public administration recruitment exams by providing the tests in braille. Additionally, authorities opened specific counters at enrollment sites to allow persons with disabilities to register more easily for public service admission tests. According to the Ministry of Education, children with disabilities attended school at lower rates than others, although the government provided for limited special education programs in Ouagadougou.
Long-standing conflicts between Fulani (Peuhl) herders and sedentary farmers of other ethnic groups sometimes resulted in violence. Incidents were commonly triggered by herders allowing their cattle to graze on farmlands or by farmers attempting to cultivate land set aside by local authorities for grazing. Government efforts at dialogue and mediation contributed to a decrease in such incidents.
On April 13, in the western part of the country, media reported that a land dispute along ethnic lines between Karaboro and Mosse communities in the Cascade Region’s Sideradougou Commune resulted in the death of four men.
Allegations of extrajudicial killings, torture, and violations of due process and basic human rights by security forces and VDPs, particularly against the Fulani community, continued to mount. While senior officials, including President Kabore, appeared politically committed to reinforcing respect for human rights and holding abusers accountable, the government lacked capacity to address a growing case load of such allegations.
Many observers, including HRW, noted an ethnic dynamic underscoring the violence in the country. Armed groups often recruited from the Fulani community, while the vast majority of men allegedly killed by security forces were Fulani because of their perceived support of extremist groups.
On January 21, the government passed a law establishing the VDP in an effort to institutionalize civilian support for state counterterrorism efforts. There were reports the VDPs did not incorporate Fulani into their ranks, nor did Fulani seek to be included among the VDPs. This dynamic underscored the precarious situation for the Fulani, who lacked security in their community but were excluded from the state’s security effort, thereby fueling a perception of or actual experience of marginalization among the Fulani. The government conducted media campaigns in an effort to change attitudes toward the Fulani community. It sponsored a number of media outreach efforts and awareness campaigns against the stigmatization of ethnic groups. In what observers understood to be a reference to the Fulani, President Kabore spoke against the “stigmatization of entire communities following armed terrorist acts in certain localities of our country” in his speech during the December 28 inauguration ceremony for his second and final term of office.
Indigenous persons and their institutions sometimes participated in decisions affecting their land. Exploitation of natural resources near indigenous land endangered the welfare and livelihoods of indigenous communities. A Chinese construction project announced in 2019 to build a hospital in a protected forest in Bobo-Dioulasso sparked a controversial debate and was strongly rejected by the local population. Indigenous communities criticized the government’s decision to permit construction on approximately 38 acres of the forest and suggested that the hospital be built on another site. Following the controversy, the government suspended the project and commissioned an environmental impact study of the site. On August 13, the government announced that in line with the study’s recommendation, the hospital would be built on another site located a few miles from the original one.
The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police occasionally arrested gay men and transgender individuals and humiliated them in detention before releasing them.
Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. Medical facilities often refused to provide care to members of the transgender community, and LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.
LGBTI organizations had no legal status in the country but existed unofficially with no reported harassment. There were no reports of government or societal violence against such organizations.
Societal discrimination against persons with HIV/AIDS continued to be a problem and prohibited some individuals from receiving medical services due to fear of harassment. Families sometimes shunned persons who tested positive and sometimes evicted HIV-positive wives from their homes, although families did not evict their HIV-positive husbands. Some property owners refused to rent lodgings to persons with HIV/AIDS. The government distributed free antiretroviral medication to some HIV-positive persons who qualified according to national guidelines.
Cameroon
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape and provides penalties of between five and 10 years of imprisonment for convicted rapists. Police and courts rarely investigated or prosecuted rape cases, especially since victims often did not report them. The law does not address spousal rape (see also section 1.g.).
The law does not specifically prohibit domestic violence, although assault is prohibited and punishable by imprisonment and fines.
Female Genital Mutilation/Cutting (FGM/C): The law protects the bodily integrity of persons and prohibits genital mutilation. Perpetrators are subject to a prison sentence of 10 to 20 years or imprisonment for life if the offender habitually carries out this practice for commercial purposes or the practice causes death. FGM/C remained a problem, but its prevalence was low. As in the previous year, children were reportedly subjected to FGM/C in isolated areas of the Far North, East, and Southwest Regions and among the Choa and Ejagham ethnic groups.
Other Harmful Traditional Practices: Widows were sometimes forcibly married to one of their deceased husband’s relatives to secure continued use of property left by the husband, including the marital home. To better protect women, including widows, the government included provisions in the law outlawing the eviction of a spouse from the marital home by any person other than the other spouse. The practice of widow rites, by which widows forgo certain activities such as bathing or freedom of movement, was also prevalent in some parts of the country, including in some rural communities of the West Region.
Sexual Harassment: The law prohibits sexual harassment. Offenders can be subject to imprisonment for periods of six months to one year and a monetary fine. If the victim is a minor, the penalty can be one to three years in prison. If the offender is the victim’s teacher, the penalty can increase to three to five years in prison. Despite these legal provisions, sexual harassment was widespread and there were no reports that anyone was fined or imprisoned for sexual harassment, in part due to sexual harassment victims’ reluctance to file official complaints for fear of reprisal and or stigmatization.
Reproductive Rights: Couples and individuals have the right to decide the number and timing of their children. The Ministry of Public Health offered counseling services to women during prenatal visits, promoting the concept of responsible parenthood and encouraging couples to use contraception to space the timing of their children. Many women, however, lacked the means to manage their reproductive health, and societal pressures continued to reinforce taboos on discussing reproductive health within certain communities. Women’s dependence on receiving their husbands’ consent continued to be a barrier in contraceptive decisions. The government provides support to survivors of gender-based violence or sexual violence through: (1) the development of policies to protect survivors of gender-based violence; (2) legal support to survivors via the judiciary network; (3) general clinical care offered in health facilities; and (4) collection of data through the District Health Information System and provision of situational analysis. Many of the prevention and basic support programs for survivors of gender-based and sexual violence are implemented by community-based organizations.
The UN Population Fund (UNFPA) indicated that, as of October, 48 percent of married or in-union women ages 15 to 49 made their own informed decisions regarding their reproductive health care.
On December 15, the National Committee to Combat Maternal, Neonatal, and Infant/Child Mortality indicated the ratio of maternal deaths dropped by more than 40 percent between 2011 and 2018, from 782 to 406 deaths per 100,000 live births. The high mortality rate was attributed to inadequate access to medical care; lack of trained medical personnel; and the high cost of prenatal care, hospital delivery, and postpartum care. Prenatal care, skilled attendants during childbirth, emergency obstetrics, neonatal, and postpartum care remained inadequate, particularly in rural areas. The 2018 Cameroon Demographic and Health Survey indicated that, in the five years before the survey, almost 90 percent of women ages 15 to 49 who had a live birth received antenatal care from a skilled provider, and 70 percent of births were assisted by a skilled provider, most commonly a nurse, midwife, or auxiliary midwife.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution provides women and men the same legal status and rights. The government, however, often did not enforce the law. In practice, women did not enjoy the same rights and privileges as men. Although local government officials claimed women had access to land in their constituencies, the overall sociocultural practice of denying women the right to own land, especially through inheritance, was prevalent in most regions. The government did not implement any official discriminatory policy against women in such areas as divorce, child custody, employment, credit, pay, owning or managing business or property, education, the judicial process, or housing. There were legal restrictions to women’s employment in some occupations and industries (see section 7.d.). Within the private sector, fewer women occupied positions of responsibility.
Birth Registration: Children derive citizenship through their parents, but not through birth in the country’s territory; the responsibility to register a child’s birth falls upon parents. Birth registration was not provided on a discriminatory basis, but many births went unregistered because children were not always born in health facilities. Also, many parents faced challenges in reaching local government offices. While failure to register births did not have immediate consequences for children, in the long run children without birth certificates found it difficult to register for official examinations or secure identification documents.
On February 18, the National Civil Status Bureau and the Ministry of Health signed a memorandum of understanding, as part of a universal birth registration project, implemented by the civil status bureau with donor financial support. The partnership is expected to allow the various actors to improve birth declarations and registrations.
Education: The law provides for tuition-free compulsory primary education up to the age of 12. The law punishes any parent with sufficient means who refuses to send his or her child to school with a fine. The punishment is imprisonment from one to two years for repeat offenders. Children were generally expected to complete primary education at 12. Secondary school students must pay tuition and other fees in addition to buying uniforms and books. This rendered secondary education unaffordable for many children.
A 2019 UN Women report highlighted gender disparity in education, particularly in secondary education. According to the report, the literacy rate in 2019 was lower for women and girls (86 percent) than for men and boys (97 percent).
During the year separatist attacks on schools in the Southwest and Northwest Regions continued to disrupt the normal operation of schools (see section 1.g.). During the year research by Human Rights Watch showed that school closures caused by the COVID-19 pandemic exacerbated previously existing inequalities and that children who were already most at risk of being excluded from a quality education had been most affected.
Child Abuse: The law prohibits various forms of child abuse, including but not limited to assault, indecency, kidnapping, forced labor, rape, sexual harassment, and situations where one parent refuses to disclose the identity of the other parent to the child. Penalties for offenses range from a token fine for forced labor to imprisonment for life in the case of assault leading to death or serious harm. Despite these legal provisions, child abuse remained a problem. Children continued to suffer corporal punishment, both within families and at school. Boko Haram continued to abduct children for use as child soldiers or as suicide bombers (see section 1.g.).
On June 29, the daily newspaper La Nouvelle Expression published an article by Herve Villard Njiete, who reported that a man named Mahop forced his own daughter to become his sexual partner from the age of nine to 15. Mahop was arrested after his neighbors reported him to police. According to the newspaper, the young girl, who lived in the PK 11 neighborhood in Douala V, tested positive for HIV.
Child, Early, and Forced Marriage: The minimum legal age for marriage is 18. Despite the law, according to UNICEF’s 2018 child marriage data, 31 percent of women between the ages of 20 and 24 were married before they turned 18 and, of these, 10 percent were married before they turned 15. Childhood marriages were more prevalent in the northern part of the country. The law punishes anyone who compels an individual into marriage with imprisonment of from five to 10 years and fines.
Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation and the sale, offering, or procuring for prostitution of children, and practices related to child pornography. A conviction requires proof of a threat, fraud, deception, force, or other forms of coercion. Penalties include imprisonment of between 10 and 20 years and a substantial fine. The law does not set a minimum age for consensual sex. According to anecdotal reports, children younger than 18 were exploited in commercial sex, especially by restaurant and bar promoters, although no statistics were available. Anecdotal reports suggested the ongoing crisis in the two Anglophone regions had contributed to a dramatic increase in the prostitution of underage girls and number of early pregnancies, especially in areas with IDPs.
Displaced Children: Many displaced children continued to live on the streets of urban centers, although the number was in decline as a result of stringent security measures and a law that criminalizes vagrancy. According to estimates by the International Organization for Migration, there were approximately 2,570 unaccompanied children in the Far North Region as of April 2019, including IDPs, returnees, out-of-camp refugees, and other migrants (see also sections 2.e. and 2.f.). These children faced many challenges, including limited access to school, health, and protection. Thousands of children were harmed by the humanitarian crisis in the Northwest and Southwest. These children faced significant abuses of their rights by armed forces and nonstate armed actors alike. The government had not established structures to ensure that internally displaced children were protected from recruitment by nonstate armed groups and terrorist organizations.
In April the Ministry of Social Affairs started an operation to remove thousands of homeless children from the streets. Henri Nyambi Dikosso, the director of national solidarity at the ministry, led a group of social workers and hospital staff who removed up to 160 children from the street by April 1. The spread of COVID-19 forced authorities to begin the project earlier than planned.
The constitution protects the rights of all persons, including persons with disabilities. A 2010 law provides additional protection to persons with physical, sensory, intellectual, or mental disabilities. The protections under the law cover access to education and vocational training, employment, health services, information and cultural activities, communications, buildings, sports and leisure, transportation, housing, and other state services. Some infrastructure projects were made accessible to persons with mobility issues. Public education is free for persons with disabilities and children born of parents with disabilities. Initial vocational training, medical treatment, and employment must be provided “when possible,” and public assistance “when needed.” The government did not enforce these provisions effectively.
There were no reports of police or other government officials inciting, perpetrating, or condoning violence against persons with disabilities during the year.
The majority of children with disabilities attended school with peers without disabilities. The government introduced inclusive education in many schools and reviewed the curriculum of teacher training colleges to include training in inclusive education skills. Other children with disabilities continued to attend separate schools, such as the Bulu Blind Center in Buea and the Yaounde Special School for Hearing-impaired Children. Human Rights Watch expressed concern that all factors affecting children’s education during the COVID-19 pandemic significantly affected children with disabilities.
Persons with disabilities did not receive adequate protection in conflict zones.
The population consists of more than 275 ethnic groups. Members of President Biya’s Beti/Bulu ethnic group from the South Region continued to hold many key positions and were disproportionately represented in the government, state-owned businesses, and security forces.
An estimated 50,000 to 100,000 Baka, including Bakola and Bagyeli, resided primarily in (and were the earliest known inhabitants of) the forested areas of the South and East Regions. The government did not effectively protect the civil or political rights of either group. Logging companies continued to destroy indigenous peoples’ naturally forested land without compensation. Other ethnic groups often treated the Baka as inferior and sometimes subjected them to unfair and exploitative labor practices. The government continued long-standing efforts to provide birth certificates and national identity cards to Baka. Most Baka did not have these documents, and efforts to reach them were impeded by the difficulty in reaching homes deep in the forest.
There were credible reports from NGOs that the Mbororo, nomadic pastoralists living mostly in the North, East, Adamawa, and Northwest Regions, continued to be subject to harassment, sometimes with the complicity of administrative or judicial authorities. In a letter dated August 17, a group of eight persons writing on behalf of the Fulani-Mbororo community and associated with the CPDM, denounced what they described as the demeaning stigmatization of the Fulani-Mbororo as an indigenous and minority people in the country. They stated that the Fulani-Mbororo are not indigenous in the same way as the Baka and are not a minority.
Consensual same-sex sexual activity between adults is illegal and punishable by a prison sentence lasting between six months and five years and a token fine.
Lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights organizations such as the Cameroonian Foundation for AIDS, Humanity First Cameroon, Alternatives Cameroon, the National Observatory of the Rights of LGBTI Persons and Their Defenders, and others, continued to report arbitrary arrests of LGBTI persons. Data collected through the UNITY platform, a group of 34 local organizations dedicated to the LGBTI population, indicated an increase in arbitrary arrests of LGBTI individuals in the first half of the year. Many of the arrests occurred in Bafoussam on May 17 when police arrested–and later released–53 LGBTI individuals celebrating the International Day against Homophobia, Transphobia, and Biphobia at a time when COVID-19-related restrictions prohibited large gatherings. LGBTI individuals also continued to face significant stigma, violence, and discrimination from their families, communities, and the government.
The constitution provides for equal rights for all citizens, but the law does not explicitly prohibit discrimination against LGBTI persons in housing, employment, nationality, and access to government services such as health care. Security forces sometimes harassed persons on the basis of their real or perceived sexual orientation or gender identity, including individuals found with condoms and lubricants. Fear of exposure affected individuals’ willingness to access HIV/AIDS services, and a number of HIV-positive men who had sex with men reported also partnering with women, in part to conceal their sexual orientation. Anecdotal reports suggested some discrimination occurred in places of employment with respect to sexual orientation.
In an online article, a human rights activist with the pseudonym John Enama reported that on July 28 the Court of First Instance of Bafang in the West Region imposed fines on four men who were arrested due to what was described as their LGBTI conduct on June 9 in Kekem. The four men pleaded guilty but their lawyer highlighted extenuating circumstances, alleging that their confessions were given under threats and torture. The court accepted the guilty pleas; one man was sentenced to a month in prison and a token fine; the other three were fined. Because the families of the defendants were unwilling to pay the fines, two local NGOs paid them, and they were released.
LGBTI organizations could not officially register as such and so sought registration either as general human rights organizations or as health-focused organizations. Many LGBTI organizations found that operating health programs, particularly HIV programs, shielded them from potential harassment or shutdown rather than promoting advocacy for LGBTI persons as their primary mission.
Persons with HIV often suffered social discrimination and were isolated from their families and society, in part also due to a lack of education on the disease. As in the previous year, while no specific cases of discrimination in employment were made public, anecdotal reports indicated some discrimination occurred with respect to HIV status, especially in the private sector.
Several cases of vigilante action and arson attacks were reported involving arbitrary killings and destruction of both public and private property. In March an organization known as Friends of the Press Network, based in Kumba in the Southwest Region, reported that Southern Cameroon Defense Forces fighters summarily executed Cecilia Bemo, Itoe Ajasco, and Ferdinand Bajaraka Okon, whom they suspected of witchcraft. The killings happened in Ediki Mbonge in the Southwest Region. The victims were reportedly tortured by their executioners, who forced them to confess and summarily shot them.
During the year there was a pattern of discrimination and repeated threats between members of the Bamileke and Beti/Ekan tribes. The animosity started when Maurice Kamto, a Bamileke, challenged the results of the 2018 presidential election and gained momentum when Kamto boycotted the municipal and legislative elections in February. Various government and political figures issued messages via social and traditional media that inflamed intergroup tensions, despite legal provisions against hate speech.
Canada
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, as sexual assault, and the government enforced the law effectively. Penalties for sexual assault carry prison sentences of up to 10 years, up to 14 years for sexual assault with a restricted or prohibited firearm, and between four years and life for aggravated sexual assault with a firearm or committed for the benefit of, at the direction of, or in association with, a criminal organization. Most victims of sexual assault were women.
The law provides protections against domestic violence for both men and women, although most victims were women. Although the criminal code does not define specific domestic violence offenses, assault, aggravated assault, intimidation, mischief, or sexual assault charges apply to acts of domestic violence. Persons convicted of assault receive up to five years in prison. Assaults involving weapons, threats, or injuries carry terms of up to 10 years. Aggravated assault or endangerment of life carry prison sentences of up to 14 years. The government generally enforced the law effectively. Police received training in treating victims of sexual assault and domestic violence, and agencies provided hotlines to report abuse.
Approximately 1,180 indigenous women disappeared or were killed from 1980 to 2012, according to a 2014 RCMP report. Indigenous advocates and a report issued in 2019 by the government-commissioned National Inquiry into Missing and Murdered Indigenous Women and Girls (NIMMIWG) stated the number was probably far higher, since many deaths had gone unreported. Indigenous women and girls make up an estimated 4 percent of the country’s women but represented 16 percent of the women killed, according to government statistics.
The NIMMIWG concluded in June 2019 that the government’s treatment of indigenous peoples amounted to “deliberate race, identity, and gender-based genocide,” continued and required immediate action. The government failed to release an expected national action plan for addressing the inquiry’s 231 recommendations, attributing delay to a number of factors including the pandemic. Critics noted the federal government took few steps during the year to implement the recommendations. On June 3, the national inquiry’s former commissioners called for the government to appoint an impartial international organization to oversee implementation of the recommendations, which they said was “essential to address Canada’s responsibility for the commission of genocide and for violations of fundamental human rights.”
The government’s Family Violence Initiative involved 15 federal departments, agencies, and crown corporations, including Status of Women Canada, Health Canada, and Justice Canada. These entities worked with civil society organizations to eliminate violence against women and to advance women’s human rights. The government continued a national strategy to prevent and address gender-based violence, budgeting C$101 million ($77.8 million) over five years to create a center of excellence within Status of Women Canada for research, data collection, and programming. The 2018 federal budget allocated an additional C$86 million ($66 million) over five years, starting in 2018-19, and C$20 million ($15.4 million) per year thereafter, to expand the strategy with a focus on preventing teen-dating violence, bullying, and cyberbullying; health care for victims; investigative policing; police training; research; funding for rape crisis and sexual assault centers; and programs to prevent gender-based violence in postsecondary educational institutions. Provincial and municipal governments also sought to address violence against women, often in partnership with civil society.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls and prosecutes the offense, including parents of minors, as aggravated assault with a maximum penalty of 14 years’ imprisonment. FGM/C occurred on occasion, predominantly in diaspora communities. While internal government reports leaked to media asserted that FGM/C practitioners and victims often travelled to the country of the practitioners’ origin for the illegal procedure, officials also sought to prevent the entry of FGM/C practitioners into the country.
Sexual Harassment: The law offers protections from sexual harassment at the workplace but does not articulate a specific offense of “sexual harassment” outside of work; instead it criminalizes harassment (defined as stalking), punishable by up to 10 years’ imprisonment, and sexual assault, with penalties ranging from 10 years for nonaggravated sexual assault to life imprisonment for aggravated sexual assault. Federal, provincial, and territorial human rights commissions have responsibility for investigating and resolving harassment complaints. Employers, companies, unions, educational facilities, professional bodies, and other institutions had internal policies against sexual harassment, and federal and provincial governments provided public education and guidance.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. No significant legal, social, or cultural barriers or government policies adversely affected access to contraception; cost has been cited as the most important barrier to contraception access in the country, particularly for young and low-income women. The government provided access to sexual and reproductive health services for survivors of sexual violence, including through dedicated sexual assault care centers. Skilled health attendants were available during pregnancy and childbirth and were publicly funded, although women in rural and Arctic areas had more difficulty accessing care. The country’s adolescent birth rate varied widely by province. In Ontario, the most populous province which includes multiple urban centers, the birth rate was 4.3 per 1,000 adolescents between the ages of 15 and 19, while in the rural northern territory of Nunavut, the rate was 97.3 per 1,000.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of the government during the year. In 2018 the Ministries of Indigenous Services and Health sent a letter to provincial and territorial ministers as well as to members of the medical community expressing concern over reports from indigenous women that they were involuntarily sterilized after giving birth. More than 100 women reported they had been sterilized without their proper and informed consent. At least 60 women joined a class action litigation against the province of Saskatchewan for their coerced sterilization between 1972 and 2017; the case was pending as of August.
Discrimination: Women have the same legal status and rights in the judicial system as men, and the government enforced these rights effectively.
In January the government released data regarding female representation on corporate boards. The government determined that in 2017 (the most recent year for which data was available), 18 percent of board seats were held by women. Solely men composed 61 percent of boards. Seven provinces and two territories require private-sector companies to report annually on their efforts to increase the number of women appointed to executive corporate boards. The government’s statistical agency reported that hourly wages for women were, on average, lower than for men but that the wage gap had narrowed to 87 cents for women for every dollar earned by men, except at the top of corporate structures.
First Nations women living on reservations (where land is held communally) have matrimonial property rights. First Nations may choose to follow federal law or may enact their own rules related to matrimonial real property rights and interests that respect their customs.
Birth Registration: Citizenship is derived both by birth within the country’s territory and from one’s parents. Births are registered immediately and are neither denied nor provided on a discriminatory basis.
Child Abuse: The law criminalizes violence and abuse against children, including assault, sexual exploitation, child pornography, abandonment, emotional maltreatment, and neglect. Provincial and territorial child welfare services investigate cases of suspected child abuse and may provide counseling and other support services to families, or place children in child welfare care, when warranted.
Child, Early,and Forced Marriage: The law establishes 16 years as the legal minimum age of marriage with parental consent. Early marriages were not known to be a major problem.
Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, and offering or procuring a child for child prostitution and practices related to child pornography. Authorities enforced the law effectively. The minimum age of consensual sex is 16 years. Persons convicted of living from the proceeds of the prostitution of a child younger than age 18 face between two and 14 years’ imprisonment. Persons who aid, counsel, compel, use, or threaten to use violence, intimidation, or coercion in relation to a child younger than age 18 engaging in prostitution face between five and 14 years’ imprisonment. Persons who solicit or obtain the sexual services of a child younger than age 18 face between six months’ and 10 years’ imprisonment. Children, principally teenage girls, were exploited in sex trafficking. Children from indigenous communities, at-risk youth, runaway youth, and youth in the child welfare system were at high risk for trafficking.
The law prohibits accessing, producing, distributing, and possessing child pornography. Maximum penalties range from 18 months’ imprisonment for summary offenses to 10 years’ imprisonment for indictable offenses.
Approximately 1 percent of the population is Jewish.
The B’nai Brith Canada League for Human Rights received 2,207 reports of anti-Semitic incidents in 2019, the latest available figures and an 8 percent increase from 2018. Out of this total, there were 2,011 incidents of anti-Semitic harassment in 2019, up 11 percent from 2018. B’nai Brith also reported there were 11 cases of anti-Semitic violence and 221 reports of anti-Semitic vandalism in 2019.
In January a Quebec man appeared in court on charges of inciting hatred and advocating genocide for posting alleged racist and homophobic slurs on social media in 2019 and in January. The posts targeted Jews, Muslims, black persons, and homosexuals, and it promoted Aryan supremacy. In June he pled guilty to inciting hatred against an identifiable group through social networks. A court sentenced him to seven and one-half months in prison and released him with credit for time served in pretrial detention.
In June an Ontario man was arrested for allegedly painting swastikas and the names of Adolf Hitler, senior Nazi officials related to the Holocaust, and Anne Frank at nine different sites in Barrie, Ontario. The man was charged with nine counts of mischief for vandalism of property.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, transportation, the judicial system, and other state services. Federal and provincial governments effectively implemented laws and programs mandating access to buildings, information, and communications for persons with disabilities, but regulation varies by jurisdiction. The federal Accessible Canada Act became law in June 2019 to “identify, remove, and prevent” accessibility barriers in areas that fall under federal jurisdiction.
Disability rights nongovernmental organizations (NGOs) reported that persons with disabilities experienced higher rates of unemployment and underemployment, lower rates of job retention, and higher rates of poverty and economic marginalization than the broader population. Mental-disability advocates asserted the prison system was not sufficiently equipped or staffed to provide the care necessary for those in the criminal justice system, resulting in cases of segregation and self-harm.
The law prohibits discrimination because of race. Federal, provincial, and territorial human rights commissions investigated complaints and raised public awareness. The federal Canadian Race Relations Foundation coordinates and facilitates public education and research and develops recommendations to eliminate racism and promote harmonious race relations.
In September, five indigenous persons attacked and stabbed a black man in a Manitoba park while yelling racial slurs. Police arrested three of the perpetrators charged them with assault and public incitement of hatred, and continued to search for the other two assailants.
Indigenous peoples constituted approximately 5 percent of the national population and much higher percentages in the country’s three territories: Yukon, 23 percent; Northwest Territories, 52 percent; and Nunavut, 86 percent. Disputes over land claims, self-government, treaty rights, taxation, duty-free imports, fishing and hunting rights, and alleged police brutality and harassment were sources of tension. Indigenous peoples remained underrepresented in the workforce, leadership positions, and politics; more susceptible than other groups to suicide, poverty, chronic health conditions, and sexual violence; and overrepresented on welfare rolls and in prison populations. In January the government announced the proportion of indigenous persons serving federal sentences had reached a record high: indigenous women constituted 42 percent of all incarcerated women, and more than 30 percent of all incarcerated individuals were indigenous. According to the government’s statistical agency, approximately 22 percent of all homicide victims in 2018 were indigenous, and the rate of homicide was five times higher for indigenous persons than nonindigenous persons.
The law recognizes individuals registered under the Indian Act based on indigenous lineage and members of a recognized First Nation as Status Indians and eligible for a range of federal services and programs. Status and services are withheld from unregistered or nonstatus indigenous persons who do not meet eligibility criteria for official recognition or who may have lost status through marriage to a nonindigenous person or other disenfranchisement. In 2016, according to the government’s statistical agency, 52 percent of children in foster care were indigenous, although indigenous children accounted for less than 8 percent of the child population. Approximately 14,970 of 28,665 foster children in private homes younger than age 15 were indigenous. In January a law came into effect that affirms and recognizes First Nations, Inuit, and Metis jurisdiction over child and family services with the goal of keeping indigenous children and youth connected to their families, communities, and culture. In July the government of Ontario announced reform of its child welfare system with a goal of reducing the number of indigenous children in provincial foster care by 25 percent and mandating that 85 percent of placements be made with caregivers related to a child’s family of origin to allow children to retain cultural, familial, and community connections.
The law recognizes and specifically protects indigenous rights, including rights established by historical land claims settlements. Treaties with indigenous groups form the basis for the government’s policies in the eastern part of the country, but there were legal challenges to the government’s interpretation and implementation of treaty rights. Indigenous groups in the western part of the country that had never signed treaties continued to claim land and resources, and many continued to seek legal resolution of outstanding issues. As a result the evolution of the government’s policy toward indigenous rights, particularly land claims, depended on negotiation or legal challenges.
The law imposes statutory, contractual, and common-law obligations to consult with indigenous peoples on the development and exploitation of natural resources on land covered by treaty or subject to indigenous land claims. According to a Supreme Court ruling, the federal government has the constitutional duty to consult and, where appropriate, accommodate indigenous peoples when the government contemplates actions that may adversely affect potential or established indigenous and treaty rights.
A Supreme Court decision affirmed that indigenous title extends to territory used by indigenous peoples for hunting, fishing, and other activities prior to contact with Europeans, as well as to settlement sites. Provincial and federal governments may develop natural resources on land subject to indigenous title but are obliged to obtain consent of the indigenous titleholders in addition to existing constitutional duties to consult, and where necessary, accommodate indigenous peoples in matters that affect their rights. If governments cannot obtain consent, they may proceed with resource development only based on a “compelling and substantial objective” in the public interest, in which the public interest is proportionate to any adverse effect on indigenous interests. The court has established that indigenous titles are collective in nature.
First Nations, Inuit, and Metis former students of federal and provincial government-funded day schools filed a national class-action lawsuit in 2018 for alleged physical, sexual, and psychological abuse and loss of culture and language, which they claimed they suffered in church-run schools they were legally compelled to attend since 1920. In May 2019 the federal court approved a settlement between the government and former students who suffered harm while attending the schools, whereby some former students would receive C$10,000 ($7,700) in individual compensation, and students who experienced physical and sexual abuse were eligible for additional compensation, ranging from C$50,000 ($38,500) to C$200,000 ($154,000). The claims period was scheduled to remain open until July 2022.
Contaminated drinking water was a problem in many indigenous communities. The 2018 budget provided C$172.6 million ($133 million) over three years for infrastructure projects to support high-risk water systems. The government committed to end all drinking water advisories on indigenous lands by March 2021.
In October, Joyce Echaquan, an indigenous woman, used her cellphone to record derogatory and discriminatory comments made to her by nurses at a Joliette, Quebec, hospital as she lay dying and asked for pain relief. The hospital fired a nurse and orderly when the recording became public. The prime minister publicly deplored the abuse as an example of systemic racism. The premier of Quebec, whose government has jurisdiction over health care, issued a public, formal apology to the Echaquan family and publicly committed to investigating complaints of racism and mistreatment of indigenous patients at the hospital and to introducing training on indigenous culture for physicians and nurses. At the request of the Quebec government, the provincial chief coroner ordered a public inquiry into Echaquan’s death that remained pending at year’s end.
Conversion therapy designed to change a person’s sexual orientation is lawful, and government data reflected that approximately 20 percent of sexual minority men had undergone some form of conversion therapy. The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex persons in housing, employment, nationality laws, and access to government services, including health care, and the government enforced the law.
Police-reported hate crimes based on sexual orientation declined 15 percent in 2018 (the most recent data available) to 173 incidents.
In June a gay man camping in British Columbia was assaulted by seven strangers and suffered a concussion. The group reportedly yelled antigay slurs at the man while beating him. Police investigated the incident but as of October had made no arrests.
There were reports of societal violence and discrimination against members of other minority, racial, and religious groups, but the government generally implemented effectively the law criminalizing such behavior.
There were reports of harassment of members of East Asian communities, especially ethnic Chinese, related to the coronavirus pandemic, including name-calling, negative social media posts, and intimidation. In March a white man shoved an elderly East Asian man with dementia out of a Vancouver convenience store and onto the ground while yelling racist slurs related to the coronavirus. Police charged the assailant with assault.
Central African Republic
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law prohibits rape, although it does not specifically prohibit spousal rape. Rape is punishable by imprisonment with hard labor, but the law does not specify a minimum sentence. The government did not enforce the law effectively.
Domestic abuse, rape, and sexual slavery of women and girls by armed groups threatened their security, and sexual violence was increasingly used as a deliberate tool of warfare. Attackers enjoyed broad impunity. In 2019 MINUSCA verified 322 incidents of conflict-related sexual violence, affecting 187 women, 124 girls, three men, two boys, and six women of unknown age. These incidents included 174 rapes or attempted rapes and 15 cases of forced marriage.
Although the law does not specifically mention spousal abuse, it prohibits violence against any person and provides for penalties of up to 10 years in prison. Domestic violence against women was common, although there are laws and instruments prohibiting violence against women. The government took no known action to punish perpetrators.
As of July the Mixed Unit for the Repression of Violence against Women and the Protection of Children (UMIRR) received 501 complaints from victims of various profiles, including 227 victims of sexual violence (rape, assault, forced marriage) and 232 cases of other form of violence. According to UMIRR, there were 266 reported cases of women who were victims of societal abuse in the country.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls, which is punishable by two to five years’ imprisonment and a moderate to substantial fine.
Nearly one-quarter of girls and women had been subjected to FGM/C, with variations according to ethnicity and region. Approximately one-half of girls were mutilated between ages 10 and 14. Both the prevalence of FGM/C and support for the practice has substantially declined in recent years.
Sexual Harassment: The law prohibits sexual harassment, but the government does not effectively enforce the law, and sexual harassment was common. The law prescribes no specific penalties for the crime.
Reproductive Rights: After recurrent military-political crises, the CAR continued to be characterized by widespread insecurity and impoverishment. The state was largely absent outside of Bangui. This situation created barriers to providing adequate assistance, including health and reproductive care, to vulnerable populations. Many displaced families were in makeshift sites, in the bush, or in fields far from existing basic social services. Of the 814 hospitals and dispensaries in the country, only 55.3 percent were functional in 2015. Anecdotal evidence suggests NGOs were nearly entirely responsible for the provision of healthcare services outside of Bangui.
Couples and individuals have the right to decide freely and responsibly the number, spacing, and timing of children. Nevertheless, most couples lacked access to contraception, prenatal care, skilled attendance during childbirth, and essential obstetric care and postpartum care.
The government has committed to implementing the 1994 International Conference on Population and Development Program of Action held in Cairo. Law number 06.005 of June 20, 2006, authorized abortion for pregnancy resulting from rape. The law prohibits certain acts that endanger sexual and reproductive health, including female genital mutilation/cutting (FGM/C). Article 29 of the law criminalizes all forms of sexual violence and exploitation in all its forms that target women.
Citizens, in particular women and girls, were affected by high rates of conflict-related sexual violence. The country experienced multiple armed conflicts in the last 20 years, and customs and traditions in the country influenced the existence and exacerbation of gender-based violence, in particular sexual violence. Survivors of sexual violence were discriminated against, and the government was unable to provide adequate care, including health and social services to survivors. Sexual violence committed by armed actors increases the risk of spreading of HIV/AIDS and other sexually transmitted infections.
According to UNICEF’s 2018-2019 Multiple Indicator Cluster Survey (MICS) Findings Report, 82.2 percent of women did not use any form of contraceptive. For girls aged 15 to 19 years, 88.7 percent do not use contraception (MICS IV 2018-2019). The World Health Organization reported 22 percent of women said their need for family planning was satisfied with modern methods. The prevalence of HIV among people aged 15 to 49 years was 4.9 percent (MICS 2010; contacts at the Institute Pasteur in Bangui reported the infection rate in the capital was approximately 18 percent. Data from the MICS IV survey (2018-2019) indicated that the infant mortality rate was 100 deaths per 1,000 live births, and 53 percent of deliveries were assisted.
The maternal mortality rate was 829 per 100,000 live births, according to the World Health Organization. The major factor involved in the high maternal death rate was the lack of access to adequate healthcare. Only 18.9 percent of women reported receiving prenatal care for their last pregnancy (MICS IV 2018-2019). Fertility was very high (6.4 per MICS IV 2018-2019), and 42.8 percent of women reported having a child before age 18 (MICS IV 2018-2019). The lack of sexual and reproductive education led to early fertility among girls, which was more prevalent in rural than in urban areas (MICS 2010). These factors partly contributed to high maternal and neonatal mortality. Only 53.4 percent of births in 2006 were attended by qualified health personnel (83 percent in urban areas, 35 percent in rural areas).
Women were victims of many forms of gender-based violence, including FGM/C, sexual violence, and early marriage. This gender-based violence is exacerbated by conflicts. According to the MICS 2006 survey, nearly 45 percent of women suffered physical violence from their husbands or relatives; 51.6 percent suffered verbal abuse, 32.2 percent were raped. According to MICS 2010, 24 percent of women aged 15-49 had undergone some form of FGM/C. Although UNICEF did not yet publish the 2020 MICS, contacts reported FGM/C remained a widespread issue in the country and rates may be higher now than in 2010. No information was available on the FGM/C’s implication on maternal morbidity. The MICS 2010 indicated that the induced abortion rate was 6.9 percent among women aged 15 to 45.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The formal law does not discriminate against women in inheritance and property rights, but a number of discriminatory customary laws often prevailed. Women’s statutory inheritance rights often were not respected, particularly in rural areas. Women experienced economic and social discrimination. Customary law does not consider single, divorced, or widowed women, including those with children, to be heads of households. By law men and women are entitled to family subsidies from the government, but several women’s groups complained of lack of access to these payments for women.
Birth Registration: Children derive citizenship by birth in the national territory or from one or both parents. Birth registration could be difficult and less likely to occur in regions with little government presence. Parents did not always register births immediately. Unregistered children faced restrictions on access to education and other social services. The lack of routine birth registration also posed long-term problems.
Education: Education is compulsory from ages six to 15. Tuition is free, but students have to pay for items such as books and supplies and for transportation. Few Ba’aka, the earliest known inhabitants of the forests in the south, attended primary school. There was no significant government assistance for efforts to increase Ba’aka enrollment.
Child Abuse: The law criminalizes parental abuse of children younger than 15. UMIRR is in charge of investigating abuses against women and children. As of July children’s rights abuses were reported in 42 households. According to UMIRR, 214 girls and seven boys were reported victims of societal abuse.
With the support of UNICEF, Bethanie, a local NGO, provided legal, psychological, and socioeconomic assistance to 900 vulnerable children, including 200 children victims of sexual violence, 100 children accused of witchcraft, 250 children with HIV, and 350 children victims of other forms of violence in the prefecture of Ombella M’poko and Bangui.
Child, Early, and Forced Marriage: The law establishes 18 as the minimum age for civil marriage. A 2017 UNICEF report indicated that 68 percent of girls married before age 18 and 29 percent of girls married before age 15, and that 27 percent of boys married before age 18. The practice of early marriage was more common in Muslim communities. There were reports during the year of forced marriages of young girls to ex-Seleka and Anti-balaka members. The government did not take steps to address forced marriage.
Sexual Exploitation of Children: On June 15, the government enacted the Child Protection Act. The legislation has a series of measures that address the exploitation of minors. The family code prescribes penalties for the commercial exploitation of children, including imprisonment and financial penalties. The minimum age of sexual consent is 18, but it was rarely observed.
Armed groups committed sexual violence against children and used girls as sex slaves (see section 1.g.).
Displaced Children: Armed conflict resulted in forced displacement, with the number of persons fleeing in search of protection fluctuating based on local conditions. The country’s instability had a disproportionate effect on children, who accounted for 64 percent of IDPs, 48 percent of whom were children younger than five, according to a report by the International Organization for Migration (IOM).
The law prohibits discrimination against persons with both mental and physical disabilities but does not specify other forms of disabilities. It requires that in any company employing 25 or more persons, at least 5 percent of staff must consist of sufficiently qualified persons with disabilities if they are available. The law states that at least 10 percent of newly recruited civil service personnel should be persons with disabilities. There are no legislated or mandated accessibility provisions for persons with disabilities. There were no available statistics concerning the implementation of this provision.
The government did not enact programs to provide access to buildings, information, and communications. The Ministry of Labor, of Employment and Social Protection’s Labor Inspectorate has responsibility for protecting children with disabilities.
Violence by unidentified persons, bandits, and other armed groups against the Peuhl (also known as Fulani or Mbororo), primarily nomadic pastoralists, was a problem. Their cattle wealth made them attractive targets, and they continued to suffer disproportionately from civil disorder in the north. Additionally, since many citizens viewed them as inherently foreign due to their transnational migratory patterns, the Peuhl faced occasional discrimination with regard to government services and protections. In recent years the Peuhl began arming themselves against attacks from farmers who objected to the presence of the Peuhl’s grazing cattle. Several of the ensuing altercations resulted in deaths.
In December 2019 a young man from the subprefecture of Baboua, who was heading to the cattle market, was killed by unidentified armed men. The population of Baboua accused the Peuhl community of being the perpetrators. On December 30, dozens of young persons armed with machetes, knives, and other bladed weapons retaliated against a Peuhl citizen from a neighboring commune of Baboua, killing him.
Discrimination continued against the nomadic pastoralist Peuhl minority, as well as the forest dwelling Ba’aka. The independent High Authority for Good Governance, whose members were appointed in 2017, is tasked with protecting the rights of minorities and those with disabilities, although its efficacy had yet to be proven.
Discrimination against the Ba’aka, who comprise 1 to 2 percent of the population, remained a problem. The Ba’aka continued to have little influence in decisions affecting their lands, culture, traditions, and the exploitation of natural resources. Forest-dwelling Ba’aka, in particular, experienced social and economic discrimination and exploitation, which the government did little to prevent.
The Ba’aka, including children, were often coerced into agricultural, domestic, and other types of labor. They were considered slaves by members of other local ethnic groups, and even when they were remunerated for labor, their wages were far below those prescribed by the labor code and lower than wages paid to members of other groups.
Reports by credible NGOs, including the American Bar Association Rule of Law Initiative, stated the Ba’aka were effectively “second-class citizens,” perceived as barbaric and subhuman and excluded from mainstream society.
The penal code criminalizes consensual same-sex sexual conduct. The penalty for conviction of “public expression of love” between persons of the same sex is imprisonment for six months to two years or a moderate to substantial fine. When one of the participants is a child, the adult could be sentenced to two to five years’ imprisonment or a moderate to substantial fine. There were no reports police arrested or detained persons under these provisions.
While official discrimination based on sexual orientation occurred, there were no reports the government targeted LGBTI persons. Societal discrimination against LGBTI persons was entrenched due to a high degree of cultural stigmatization. The IOM reported the case of an LGBTI person who had to move due to physical violence against him by neighbors due to his sexuality. There were no known organizations advocating for or working on behalf of LGBTI persons.
Persons with HIV/AIDS were subjected to discrimination and stigma, and many individuals with HIV/AIDS did not disclose their status due to social stigma.
Violent conflict and instability in the country had a religious cast. Many, but not all, members of the ex-Seleka and its factions were Muslim, having originated in neighboring countries or in the remote Muslim north, a region the government often neglected.
During the worst of the crisis, some Christian communities formed Anti-balaka militias that targeted Muslim communities, presumably for their association with the Seleka. The Interfaith Religious Platform, which includes Muslim and Christian leaders, continued working with communities to defuse tensions and call for tolerance and restraint. Local leaders, including the bishop of Bossangoa, and internationally based academics warned against casting the conflict in religious terms and thus fueling its escalation along religious lines.
Ethnic killings often related to transhumance movements occurred. The major groups playing a role in the transhumance movements were social groups centering on ethnic identity. These included Muslim Fulani/Peuhl herders, Muslim farming communities, and Christian/animist farming communities. Armed group conflict at times devolved into ethnic violence, such as the Kara/Rounga conflict in Birao. Throughout the year, there were recorded acts of violence among the various ethnic groups–primarily between the Rounga and the Goula ethnic groups. Violence between the groups continued in Birao and spread to Ndele.
The law prohibits the practice of witchcraft. Conviction of witchcraft is punishable by five to 10 years’ imprisonment and a moderate to substantial fine. Individuals accused of sorcery or witchcraft experienced social exclusion. According to a legal advocate, the penal code does not have an established definition of witchcraft, and the state does not typically intervene in these cases. District chiefs often preside over witchcraft trials: however, the accused are also often killed by the local population. For instance, on August 27, local press reported that in the village of Barka-Panziin, in the prefecture of Mambere-Kadei, a 60-year-old woman suspected of witchcraft by the inhabitants was severely beaten by her own children and buried alive by the local population. She was rescued by gendarmes stationed at a timber company located two miles away. Women accused of witchcraft faced the possibility of sexual violence in prison while waiting for their trial or serving their sentence. Those accused of witchcraft reported psychological harm from fearing for their physical safety due to the accusations.
Chad
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Rape is punishable by eight to 30 years in prison. Nevertheless, rape–including rape of female refugees–was a problem. The law does not specifically address spousal rape, gender of victims, or domestic violence. Police often detained alleged perpetrators, but rape cases were rarely tried. Authorities fined and released most rape suspects, according to local media. Communities sometimes compelled rape victims to marry their attackers.
Although the law prohibits violence against women, domestic violence was widespread. Police rarely intervened, and women had limited legal recourse.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for girls and women, but the practice remained widespread, particularly in rural areas. According to UNICEF, 38 percent of girls and women ages 15 to 49 underwent FGM.
By law FGM/C may be prosecuted as a form of assault, and charges may be brought against the parents of victims, medical practitioners, or others involved. Nevertheless, lack of specific penalties hindered prosecution, and authorities prosecuted no cases. NGOs cited enduring local social norms and limited federal authority in rural areas as major impediments to progress.
The Roman Catholic Church and the CNDH alerted authorities in August of the resurgence of the practice of FGM/C, attributed to lack of enforcement of the law. The Ministry of Women and Early Childhood Protection is responsible for coordinating activities to combat FGM/C.
Sexual Harassment: The law provides penalties for sexual harassment ranging from six months to three years in prison and fines. The government did not enforce the law effectively.
Reproductive Rights: The law provides for the right of couples and individuals to decide freely and responsibly the number, spacing, and timing of their children, to manage their reproductive health, and to have access to the information and means to do so, free from discrimination, coercion, or violence. Many persons, however, lacked access to reproductive information or care, particularly in rural areas. Obstacles to contraception use included the lack of education, the limited supply of contraceptive products, and cultural sensitivities. The government provided some contraception products for free to the public through NGOs. The UN Population Fund (UNFPA) estimated only 24 percent of live births were attended by skilled health personnel between 2014 and 2019. The country had a severe shortage of health-care providers and a significant shortage of nurses, midwives, hospital staff, and specialists, such as obstetricians. Prenatal care remained limited, particularly in rural areas. The government provided limited access to sexual and reproductive health services for survivors of sexual violence due to capacity constraints. In practice, not all survivors of sexual violence received health services.
The UNFPA estimated that in 2017 the maternal mortality rate was 1,140 deaths per 100,000 live births. Factors contributing to maternal mortality included adolescent pregnancies, multiple closely spaced births, and lack of access to medical care.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Although property and inheritance laws provide the same legal status and rights for women as for men, the government did not enforce the laws effectively. Family law discriminates against women, and discrimination against and exploitation of women were widespread. Local leaders settled most inheritance disputes in favor of men, according to traditional practice. There were legal restrictions to women’s employment in occupations deemed dangerous, including mining, construction, and factories.
Birth Registration: Citizenship is derived from birth within the country’s territory or from at least one parent. The government did not register all births immediately and also denied registration on a discriminatory basis.
Education: Although primary education is tuition free, universal, and compulsory between ages six and 16, parents were required to pay for textbooks, except in some rural areas. Parents often were required to pay tuition for public secondary education. According to a UNESCO Institute for Statistics 2019 report, 65 percent of girls attended primary school compared with 83 percent of boys.
Human rights organizations cited the problem of the mouhadjirin, migrant children who attended certain Islamic schools and whose teachers forced them to beg for food and money. There was no reliable estimate of the number of mouhadjirin.
Child, Early, and Forced Marriage: The law sets the minimum age for marriage at 18 for men and women. The law precludes invoking the consent of the minor spouse to justify child marriage and prescribes sentences of five to 10 years’ imprisonment and fines for persons convicted of perpetrating child marriage, although the practice was widespread.
According to UNICEF, 67 percent of girls were married before age 18.
Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, with punishments of two to five years’ imprisonment and fines. The law specifically addresses the sale, offering, or procuring of children for prostitution. The law prohibits sexual relations with children younger than age 14, even if married, but authorities rarely enforced the ban. The law criminalizes the use, procuring, or offering of a child for the production of pornography, but no cases of child pornography were reported. The country was a destination for some child trafficking in the country, and refugee children from CAR were particularly vulnerable to commercial sexual exploitation.
Medical professionals in N’Djamena reported a sixfold upsurge in sexual assault on underage girls toward the end of the rainy season, attributed to rising insecurity.
The law prohibits discrimination against persons with disabilities, although it does not specify the types of disability. The government did not effectively enforce the law, according to the Chadian Disability Organization. There are no laws that provide for access to public buildings for persons with disabilities, or other forms of access such as education, health services, the judicial system, or other state services. The government operated education, employment, and therapy programs for persons with disabilities. There were no reports of violence or other abuses against persons with disabilities.
Children with physical disabilities may attend primary, secondary, and higher education institutions. The government supported schools for children with vision or mental disabilities, but they were inadequate.
There were approximately 200 ethnic groups speaking more than 120 languages and dialects.
Conflict between herders and farmers resulted in dozens of deaths and injuries, particularly during November and December. Authorities called for peaceful cohabitation and traveled to provinces in central areas of the country worst hit by violence to mediate and encourage dialogue. On December 24, the government created a disarmament commission to confiscate firearms, which are illegal for private citizens to possess. NGOs stated this conflict persisted due to growing human and cattle populations, competition over scarce resources, and judicial impunity for perpetrators of violence with political or economic connections to authorities.
The government restricted social media and internet access between July and October, citing fears of interethnic violence following a violent incident at the Champ de Fil market (see section 2.a., Internet Freedom).
The law criminalizes consensual same-sex sexual conduct between adults, with punishments ranging from three months’ to two years’ imprisonment and fines. The government did not actively enforce this law, although there were reports of police harassment.
The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services.
In a media interview in November, the president stated same-sex marriage “is a negative value” and unacceptable in Africa.
The law provides individuals with HIV or AIDS the same rights as other persons and requires the government to provide information, education, and access to tests and treatment for HIV or AIDS, but authorities rarely complied with the law. According to the Chadian Women Lawyers’ Association, women sometimes were accused of passing HIV to their husbands and were threatened by family members with judicial action or banishment.
The CNDH and local media reported cases of COVID-19 victim stigmatization, particularly in the initial months after the outbreak of the pandemic.
Colombia
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Although prohibited by law, rape of men or women, including spousal rape, remained a serious problem. The law provides for sentences ranging from eight to 30 years’ imprisonment for violent sexual assault. For acts of spousal sexual violence, the law mandates prison sentences of six months to two years. By law femicide is punishable with penalties of 21 to 50 years in prison, longer than the minimum sentence of 13 years for homicide.
Violence against women, as well as impunity for perpetrators, continued to be a problem. Members of illegal armed groups continued to rape and abuse women and children sexually. Family-violence hotlines reported a 160 percent increase in calls during the COVID-19 national quarantine.
The government continued to employ the Elite Sexual Assault Investigative Unit interagency unit in Bogota, which was dedicated to the investigation of sexual assault cases. From January through July, the Attorney General’s Office opened 58,000 investigations into domestic violence, with women identified as the victim in 39,000 of those investigations.
The law requires the government to provide victims of domestic violence immediate protection from further physical or psychological abuse.
The Ministry of Defense continued implementing its protocol for managing cases of sexual violence and harassment involving members of the military. The district secretary of women in Bogota and the Ombudsman’s Office offered free legal aid for victims of gender violence and organized courses to teach officials how to treat survivors of gender violence respectfully.
The law augments both imprisonment and fines if a crime causes “transitory or permanent physical disfigurement,” such as acid attacks, which have a penalty of up to 50 years in prison.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but isolated incidents were reported in several indigenous communities in different parts of the country. Two-thirds of women from the Embera community had undergone FGM/C, according to the UN Population Fund.
Sexual Harassment: The law provides measures to deter and punish harassment in the workplace, such as sexual harassment, verbal abuse or derision, aggression, and discrimination, which carries a penalty of one to three years’ imprisonment. Nonetheless, NGOs reported sexual harassment remained a pervasive and underreported problem in workplaces and in public.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, and violence. Contraception was widely available. The government provided access to sexual and reproductive services for survivors of sexual violence, including survivors of conflict-related sexual violence.
The law criminalizes abortion except in cases of rape, danger to the life of the mother, or serious health problems of the fetus.
Coercion in Population Control: Coerced abortion is not permitted under the law, and there were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The law, however, allows the involuntary surgical sterilization of children with cognitive and psychosocial disabilities in certain cases.
Through August 31, the Attorney General’s Office reported opening five investigations related to cases of forced abortion.
Discrimination: Although women have the same legal rights as men, discrimination against women persisted. The Office of the Advisor for the Equality of Women has primary responsibility for combating discrimination against women, but advocacy groups reported that the office remained seriously underfunded. The government continued its national public policy for gender equity.
Birth Registration: Citizenship is derived by birth within the country’s territory in most cases. Most births were registered immediately. If a birth is not registered within one month, parents may be fined and denied public services.
Child Abuse: Child abuse was a serious problem. The Attorney General’s Office reported almost 7,850 criminal prosecutions for sexual crimes against minors through August. The Colombian Family Welfare Institute (ICBF) reported that between January and June 30, there were approximately 4,730 cases of child abuse in addition to 5,250 cases of sexual abuse of a minor. The ICBF provided psychosocial, legal, and medical care to victims.
Child, Early, and Forced Marriage: Marriage is legal at the age of 18. Boys older than 14 and girls older than 12 may marry with the consent of their parents. According to UNICEF, 5 percent of girls were married before age 15 and 23 percent before age 18.
Sexual Exploitation of Children: Sexual exploitation of children remained a problem. The law prohibits sexual exploitation of a minor or facilitating the sexual exploitation of a minor and stipulates a penalty of 14 to 25 years in prison, with aggravated penalties for perpetrators who are family members of the victim and for cases of sexual tourism, forced marriage, or sexual exploitation by illegal armed groups. The law prohibits pornography using children younger than 18 and stipulates a penalty of 10 to 20 years in prison and a fine for violations. The minimum age for consensual sex is 14. The penalty for sexual activity with a child younger than 14 ranges from nine to 13 years in prison. The government generally enforced the law.
On May 27, police dismantled a child sexual-trafficking ring in the department of Meta. Police raided a residential building after neighbors reported suspicious activity. When police officers entered, they found five rooms where “webcam modeling” was taking place–minors performing sex acts for a live virtual audience for a fee. Police captured the webcam business owner and her recruiter. As of September they were facing charges of pornography with an underage person, forced prostitution, and facilitation to offer sexual activities with persons younger than 18. According to media reports, the economic fallout from COVID-19 pandemic resulted in an increase in “webcam modeling.”
Displaced Children: The NGO Consultancy for Human Rights and Displacement estimated in 2016 that 31 percent of persons registered as displaced since 1985 were minors at the time they were displaced (see also section 2.e.).
The Jewish community, which had an estimated 5,000 members, continued to report instances of anti-Israeli rhetoric connected to events in the Middle East, accompanied by anti-Semitic graffiti near synagogues, as well as demonstrations in front of the Israeli embassy that were sometimes accompanied by anti-Semitic comments on social media. In particular the Colombian Confederation of Jewish Communities expressed concern over the presence of BDS (Boycott, Divestment, Sanctions) Colombia, which promotes the boycott of Israeli products and travel and does not actively counter the conflation of anti-Israeli policies with anti-Semitic rhetoric.
The law punishes those who arbitrarily restrict the full exercise of the rights of persons with disabilities or harass persons with disabilities, but enforcement was rare. The law prohibits discrimination against persons with physical and mental disabilities but does not explicitly prohibit discrimination against persons with sensory or intellectual disabilities. No law mandates access to information and telecommunications for persons with disabilities. Law 1996, adopted in 2019, recognizes that persons with disabilities older than 18 have full legal capacity.
The Office of the Presidential Advisor for Human Rights under the high counselor for postconflict, public security, and human rights, along with the Human Rights Directorate at the Ministry of Interior, is responsible for protecting the rights of persons with disabilities. According to Somos Defensores and other NGOs, the law was seldom enforced.
Although children with disabilities attended school at all levels, advocates noted the vast majority of teachers and schools were neither trained nor equipped to educate children with disabilities successfully. Advocacy groups also stated children with disabilities entered the education system later than children without disabilities and dropped out at higher rates. Persons with disabilities were unemployed at a much higher rate than the general population.
In 2013 the State Council ordered all public offices to make facilities accessible to persons with disabilities and asked public officials to include requirements for accessibility when granting licenses for construction and occupancy. The State Council also asked every municipality to enforce rules that would make all public offices accessible to persons with disabilities “in a short amount of time.” It was not clear if much progress had been made at the municipal level, but several government ministries reported progress, such as adding ramps, designating parking spaces, and improving bathroom access.
According to the 2018 national census, approximately 9.3 percent of the country’s population described themselves as being of African descent. A 2011 UN report estimated Afro-Colombians made up 15 to 20 percent of the population, while human rights groups and Afro-Colombian organizations estimated the proportion to be 20 to 25 percent.
Afro-Colombians are entitled to all constitutional rights and protections, but they faced significant economic and social discrimination. According to a 2016 UN report, 32 percent of the country’s population lived below the poverty line, but in Choco, the department with the highest percentage of Afro-Colombian residents, 79 percent of residents lived below the poverty line. NGOs and the OHCHR reported that Afro-Colombian and indigenous communities continued to be disproportionately affected by illicit economic activities in rural territories that lacked sufficient state presence.
The government continued a policy to promote equal opportunity for black, Afro-Colombian, Palenquera, and Raizal populations. (Palenquera populations inhabit some parts of the Caribbean coast, Raizal populations live in the San Andres Archipelago, and Blacks and Afro-Colombians are Colombians of African descent who self-identify slightly differently based on their unique linguistic and cultural heritages.) The Ministry of Interior provided technical advice and funding for social projects presented by Afro-Colombian communities.
The National Autonomous Congress of Afro-Colombian Community Councils and Ethnic Organizations for Blacks, Afro-Colombians, Raizals, and Palenqueras, consisting of 108 representatives, met with government representatives on problems that affected their communities.
The law gives special recognition to the fundamental rights of indigenous persons, who make up approximately 4.4 percent of the population, and require the government to consult beforehand with indigenous groups regarding governmental actions that could affect them.
The law accords indigenous groups perpetual rights to their ancestral lands, but indigenous groups, neighboring landowners, and the government often disputed the demarcation of those lands. Traditional indigenous groups operated 842 reservations, accounting for approximately 28 percent of the country’s territory. Illegal armed groups often violently contested indigenous land ownership and recruited indigenous children to join their ranks.
The law provides for special criminal and civil jurisdictions within indigenous territories based on traditional community laws. Legal proceedings in these jurisdictions were subject to manipulation and often rendered punishments more lenient than those imposed by civilian state courts.
Some indigenous groups continued to assert they were not able to participate adequately in decisions affecting their lands. The constitution provides for a “prior consultation” mechanism for indigenous communities, but it does not require the government to obtain the consent of those communities in all cases. In October indigenous communities convened in several cities to hold a protest known as a minga to draw attention to violence in rural territories and to press for increased government attention to the 2016 peace accord implementation.
The government stated that for security reasons, it could not provide advance notice of most military operations, especially when in pursuit of enemy combatants, and added that it consulted with indigenous leaders when possible before entering land held by their communities.
Despite special legal protections and government assistance programs, indigenous persons continued to suffer discrimination and often lived on the margins of society. They belonged to the country’s poorest population and had the highest age-specific mortality rates.
Killings of members and leaders of indigenous groups remained a problem. According to the NGO National Indigenous Organization of Colombia, since the signing of the peace accord, 274 indigenous persons had been killed. The OHCHR’s February report noted particular concern for the safety of indigenous communities, particularly in the department of Cauca, where the OHCHR registered the killing of 66 members of the indigenous Nasa people. In July soldiers from the army’s Second Division allegedly killed indigenous leader Joel Aguablanca Villamizar during a military operation targeting the ELN.
Despite precautionary measures ordered by the Inter-American Commission on Human Rights, ethnic Wayuu children continued to die of malnutrition. According to a 2015 government survey, 77 percent of indigenous households in the department of La Guajira, where the largest number of Wayuu lived, were food insecure. An August Human Rights Watch report stated that the travel restrictions associated with the government’s COVID-19 national quarantine severely limited the Wayuu’s access to food.
There were allegations of police violence based on sexual orientation. There were no reports of official discrimination based on sexual orientation in employment, housing, statelessness, or access to education; however, there were reports of discrimination with respect to access to health care. The government approved a national action plan to guarantee lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights for the 2019-2022 period. In August the constitutional court determined that medical insurance companies must bear the costs of gender affirmation and reassignment surgeries.
Despite government measures to increase the rights and protection of LGBTI persons, there were reports of societal abuse and discrimination as well as sexual assault. NGOs claimed transgender individuals, particularly transgender men, were often sexually assaulted in so-called corrective rape. In the first eight months of the year, the Ombudsman’s Office reported 388 cases of violence against LGBTI persons, up from up from 309 cases in the whole of 2019. The primary forms of abuse were physical, sexual, and psychological aggression, in addition to economic discrimination.
The Ombudsman’s Office reported the killings of 63 LGBTI persons from January to August and also cited 36 cases of aggression by police officers. The majority of the victims were transgender women. In July an unknown assailant shot and killed LGBTI leader Mateo Lopez Mejia in Circasia, Quindio, while he led a community event in a sports complex. As of August the Attorney General’s Office reported 29 open investigations into excessive use of force by military or police against LGBTI persons.
Transgender individuals cited barriers to public services when health-care providers or police officers refused to accept their government-issued identification. Some transgender individuals stated it was difficult to change their gender designation on national identity documents and that transgender individuals whose identity cards listed them as male were required to show proof they had performed mandatory military service or obtained the necessary waivers from that service. As part of COVID-19 national quarantine, some cities instituted movement restrictions based on gender. NGOs noted this resulted in discrimination against the transgender community and a loss of access to services.
There were confirmed reports of societal violence or discrimination against persons with HIV/AIDS. On May 29, paramedics in Bogota allegedly refused to provide medical care upon learning the patient was HIV positive. The patient died 90 minutes after the paramedics left. Bogota city officials subsequently opened an investigation. In its most recent demographic and health survey (2015), the government reported the responses of 78 percent of those surveyed indicated discriminatory attitudes towards persons with HIV/AIDS, reflecting low levels of social acceptance throughout the country.
Côte d’Ivoire
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law prohibits rape and provides for prison terms of five to 20 years for perpetrators. The law does not specifically penalize spousal rape, and there is a rebuttable presumption of consent in marital rape cases. The court may impose a life sentence in cases of gang rape if the rapists are related to or hold positions of authority over the victim, or if the victim is younger than age 15. Media and NGOs reported that rape of schoolgirls by teachers was a problem, but the government did not provide information on charges filed.
A local human rights organization that supports the rights of persons with disabilities reported a man was sentenced to a 20-year prison term for the April 2019 murder of his pregnant girlfriend, a woman with disabilities. The same organization reported that the 2019 rape and killing of another teenage girl with disabilities remained unsolved as of September.
Survivors were often discouraged from pursuing criminal cases, with their families often accepting payment as compensation. A human rights organization cited a recent case in which a rape victim with disabilities’ father brought a complaint against the rapist and then withdrew it upon receiving a private payment from the assailant. The mother of the victim, wanting her own compensation, threatened to file a complaint and then refused to do so after receiving a payment from the assailant. There was at least one report of security forces intervening to persuade a family to file criminal charges rather than accept private compensation for a sexual assault on their minor child.
Although rape victims were no longer legally required to obtain a medical certificate, some human rights organizations reported that victim who did not do so encountered difficulties in moving their cases forward. Obtaining a medical certificate could be costly. In the first half of the year, the government reported authorities accepted 50 rape cases for investigation without a medical certificate.
Female Genital Mutilation/Cutting (FGM/C): The law specifically forbids FGM/C and provides penalties for practitioners of up to five years’ imprisonment and substantial fines. Double penalties apply to medical practitioners, including doctors, nurses, and medical technicians. Nevertheless, FGM/C remained a problem. The government reported one FGM/C prosecution in the first half of the year. The defendant was fined and sentenced to 24 months in prison. The most recent 2016 Multiple Indicator Cluster Survey indicated that the rate of FGM/C nationwide was 36.6 percent, with prevalence varying by region.
Other Harmful Traditional Practices: Societal violence against women included traditional practices that are illegal, such as dowry deaths (the killing of brides over dowry disputes), levirate (forcing a widow to marry her dead husband’s brother), and sororate (forcing a woman to marry her dead sister’s husband). The government did not provide information regarding the prevalence or rate of prosecution for such violence or forced activity during the year but stated that no deaths were linked to these practices.
Sexual Harassment: The law prohibits sexual harassment and prescribes penalties of one-to–three years’ imprisonment and fines. Nevertheless, the government rarely, if ever, enforced the law, and harassment was widespread and routinely tolerated.
Reproductive Rights: The law provides for full and equal access to reproductive health information and services to all men and women ages 15 and older. Couples and individuals generally have the right to decide the number, spacing, and timing of their children, and had access to the information and means to do so, free from coercion, discrimination, or violence. Government policy required emergency health-care services to be available and free to all, but care was not available in all regions, particularly rural areas, and was often expensive.
According to estimates by the World Health Organization (WHO), in 2010-19, 44 percent of women of reproductive age had their need for family planning satisfied with modern methods. The United Nations Population Fund (UNFPA) estimated 82 percent of all women had the autonomy to decide whether to use contraception. Barriers to modern methods of contraception included cost (the government only partially subsidized the cost of some methods of contraception), distance to points of purchase such as pharmacies and clinics, and low or unreliable stocks of certain types of contraception. Other barriers to use included misinformation and hearsay, as well as religious beliefs and biases against marginalized groups.
According to estimates by the WHO, 74 percent of births in 2010-19 were attended by skilled health personnel. Barriers to births attended by skilled health personnel included distance to modern health facilities, cost of prenatal consultations and other birth-related supplies and vaccinations, and low provider capacity. According to WHO estimates, in 2010-18, the adolescent birth rate was 123 per 1,000 girls aged 15-19.
Health services for survivors of sexual violence existed, but costs of such services were often prohibitive for victims, law enforcement often did not know to refer victims to medical practitioners, and many medical practitioners were not trained in treatment of survivors of sexual violence.
According to estimates by the WHO, UNICEF, the UNFPA, the World Bank, and the United Nations Population Division, in 2017 (the latest year for which data are available), the maternal mortality rate was 617 deaths per 100,000 live births, down from 658 deaths per 100,000 live births in 2015. Factors contributing to the high maternal mortality rate were chiefly related to lack of access to quality care. Additionally, local nongovernmental organizations reported women often had to pay for prenatal consultations and other birth-related supplies and vaccinations, which dissuaded them from using modern facilities and increased the likelihood of maternal mortality. As a result of FGM/C, scarification was common. Scarification can lead to obstructed labor during childbirth, an obstetric complication that is a common cause of maternal deaths, especially in the absence of Caesarean section capability.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides the same legal status and rights for women and men in labor law, although there were also restrictions on women’s employment (see section 7.d.). A 2019 law establishes the right for widows to inherit upon the deaths of their husbands as much as the deceased’s children can. Human rights organizations reported many religious and traditional authorities rejected laws intended to reduce gender-related inequality in household decision-making.
Birth Registration: The law confers citizenship at birth if at least one parent was a citizen when the child was born.
The law provides parents a three-month period to register their child’s birth for a nominal fee. In some parts of the country, the three-month window conflicts with important cultural practices around the naming of children, making birth registration difficult for many families. To register births after the first three months, families must also pay a fine. For older children, authorities may require a doctor’s age assessment and other documents. To continue to secondary school, children must pass an exam for which identity documents are required. As a result children without documents could not continue their studies after primary school. The government, with the support of UNICEF, requires healthcare workers in maternity wards and at immunization sites to complete birth registration forms automatically when providing services. According to UNICEF this service was offered during the year in nearly 62 percent of the country’s health centers and, since the beginning of the program, health workers have completed registration paperwork for 85,779 newborns out of 94,892 live births, a registration rate of 90 percent.
Education: Primary schooling is obligatory, free, and open to all. Education was thus ostensibly free and compulsory for children ages six to 16, but families generally reported being asked to pay school fees, either to receive their children’s records or pay for school supplies. In principle students’ families do not have to pay for books or user fees, but families usually covered some schooling expenses not covered by the government. Parents also often contributed to teachers’ salaries and living stipends, particularly in rural areas. Parents of children not in compliance with the law were reportedly subject to substantial fines or two to six months in jail, but this was seldom, if ever, enforced, and many children did not attend or have access to school.
Girls participated in education at lower rates than boys, particularly in rural areas. Although girls initially enrolled at a higher rate, their participation dropped below boys’ because of a cultural tendency to keep girls at home to care for younger siblings or do other domestic work, and due to reported sexual harassment of female students by teachers and other staff. In April 2019 the Ministry of National Education created a new gender unit to focus on improving education and training for girls and women. The gender unit sponsored several events during the year, including a celebration of International Day of the Girl and a training for community leaders and parents on preventing pregnancy among school-aged girls.
Child Abuse: The penalty for statutory rape, or attempted rape, of a child younger than age 16 is a prison sentence of one to three years and a substantial fine. In March the government published a report detailing the findings of a 2018 study carried out with the support of international donors on violence against children and youth younger than age 18. The study found that 19 percent of girls and 11 percent of boys had been victims of sexual violence and 47 percent of girls and 61 percent of boys had been victims of physical violence. In 2019 the government investigated 59 cases of sexual abuse of minors and 37 child rape cases. In the first half of the year, the government reported two child rape convictions and four pending prosecutions. In February authorities arrested the relatives of a nine-year-old who died while being raped for not reporting the crime and for aiding in the rapist’s escape. To assist child victims of violence and abuse, the government cooperated with UNICEF to strengthen the child protection network in areas such as case management, the implementation of evidence-based prevention programs, and data collection and analysis.
Responsibility for combating child abuse lies with the Ministries of Employment, Social Affairs, and Professional Training; Justice and Human Rights; Women, Families, and Children; Solidarity, Social Cohesion, and the Fight against Poverty; and National Education. International organizations and civil society groups reported that lack of coordination among the ministries hampered their effectiveness.
Child, Early, and Forced Marriage: A law passed in July 2019 equalized the legal age for marriage for women and men at 18. The law prohibits marriage of women and men younger than 18 without parental consent. The law specifically penalizes anyone who forces a minor younger than 18 to enter a religious or customary matrimonial union. Nevertheless, reports of traditional marriages involving at least one minor spouse persisted.
In 2017 (most recent data available) according to UNICEF, 27 percent of girls were married by age 18 and 7 percent by age 15. In September media reported that a 15-year-old girl had been forced to marry a 29-year-old man in a customary marriage and was subjected to repeated abuse until she stabbed him to death in self-defense. Authorities arrested the girl and she confessed to the homicide; however, the public prosecutor ultimately released her and entrusted her to the Child and Youth Judicial Protection Service.
Sexual Exploitation of Children: The minimum age for consensual sex is 18. The law prohibits the use, recruitment, or offering of minors for commercial sex or use in pornographic films, pictures, or events. Violators can receive prison sentences ranging from five to 20 years and substantial fines. Statutory rape of a minor carries a punishment of one to three years in prison and a monetary fine.
The country is a source, transit, and destination country for children subjected to trafficking in persons, including sex trafficking.
Displaced Children: Human rights organizations reported thousands of children countrywide lived on the streets and were frequently subject to harassment by authorities. The government implemented a program to reduce the number of homeless minors. Officials in the Ministry of Youth opened several centers in a few cities where at-risk youth could live and receive training. A charity associated with First Lady Dominique Ouattara broke ground on a shelter to house former juvenile offenders. There was no information on the number of minors assisted in 2020.
The country’s Jewish community numbered fewer than 100 persons, including foreign residents and Ivoirian converts. There were no reports of anti-Semitic acts.
The constitution contains protections for persons with disabilities. The law requires the government to educate and train persons with physical, mental, visual, auditory, and cerebral motor disabilities; hire them or help them find jobs; design houses and public facilities for wheelchair access; and adapt machines, tools, and work spaces for access and use by persons with disabilities as well as to provide them access to the judicial system. The law prohibits acts of violence against persons with disabilities and the abandonment of such persons. These laws were not effectively enforced.
Political campaigns did not include braille or sign language, undercutting civic participation by persons with vision and hearing disabilities. The CEI did not provide any formal accommodations for persons with disabilities at polling sites for the October presidential election, although observers reported CEI staff assisting persons with disabilities during both the presidential election and the June-July voter registration period on an ad hoc basis, including by physically carrying registration documents down to ground level of a building if the registration center was located on a higher floor.
Persons with disabilities reportedly encountered serious discrimination in employment and education. Prisons and detention centers reportedly provided no accommodations for persons with disabilities. Although the law requires measures to provide persons with disabilities access to transportation and buildings and designated parking spots, human rights organizations reported these provisions were frequently not implemented around the country.
The government financially supported some separate schools, training programs, associations, and artisans’ cooperatives for persons with disabilities, located primarily in Abidjan, but human rights organizations reported these schools functioned primarily as literacy centers and did not offer the same educational materials and programs as other schools. The government made efforts to recruit persons with disabilities for select government positions. Nonetheless, it was difficult for children with disabilities to obtain an adequate education if their families did not have sufficient resources. Although public schools did not bar students with disabilities from attending, such schools lacked the resources to accommodate them. In some instances, provisions were financed by private donations. Homelessness among persons with mental disabilities was reportedly common.
The country has more than 60 ethnic groups; human rights organizations reported ethnic discrimination was a problem. Authorities considered approximately 25 percent of the population foreign, although many within this category were second or third generation residents. Land ownership laws remained unclear and unimplemented, resulting in conflicts between native populations and other groups.
The law prohibits xenophobia, racism, and tribalism and makes these forms of intolerance punishable by five to 10 years’ imprisonment. During the presidential election period, numerous interethnic (referred to as intercommunal in the country) clashes occurred. A particularly violent clash in Dabou between two ethnic groups, Malinke and Adjoukrou claimed 16 lives and injured 67 persons. Government officials found that the violence had been instigated by unidentified outside actors wanting to stoke the conflict, potentially for political gain, but did not say whether the actors were progovernment or opposition. Security forces deployed to the town to restore order and remained on the scene for several days.
In November, brutal intercommunal conflicts broke out in the rural interior towns of Daoukro, between Baoule and Malinke, and in M’Batto, between Agni and Malinke. The government recorded six deaths in Daoukro and three deaths in M’Batto, including two cases of persons burned to death and one beheading, although one opposition party claimed the actual death toll was much higher.
Homosexuality is not criminalized, but public heterosexual and same-sex intimate activity is subject to conviction as a form of public indecency that carries a penalty of up to two years’ imprisonment. In July 2019 the government made minor changes to the law, but human rights organizations reported the changes did not prevent tacit discrimination based on sexual orientation or gender identity.
Human rights organizations reported the lesbian, gay, bisexual, transgender and intersex (LGBTI) community continued to face discrimination and violence. Authorities were at times slow and ineffective in their response to societal violence targeting the LGBTI community. Further, LGBTI persons often did not report violence committed or threatened against them, including assault or homicide, because they did not believe authorities would take their complaints seriously. LGBTI community members reported being evicted from their homes by landlords or by their own families. Familial rejection of LGBTI youth often caused them to become homeless and drop out of school. Members of the LGBTI community reported discrimination in access to health care.
In February a gay man was reportedly severely beaten by family members after presenting his long-term partner publicly at his birthday party. The next day, his uncle told him he would not let his homosexuality tarnish the family’s image and instructed relatives to beat or kill him. After his relatives beat the man, neighbors sheltered him and took him to a health center for treatment. He then took refuge in a church, but congregants demanded the pastor expel him. Information regarding authorities’ response to this incident was not readily available.
There were no credible reports of official discrimination based on HIV/AIDS status, and the government respected the confidentiality of individuals’ HIV/AIDS status. The government adhered to global standards of patient rights, and a statement of these rights was posted or available at health facilities. The law expressly condemns all forms of discrimination against persons with HIV and provides for their access to care and treatment. The law also prescribes punishment for refusal of care or discrimination based on HIV/AIDS status. Social stigma persists.
The Ministry of Health and Public Hygiene managed a program within the National AIDS Control Program to assist vulnerable populations at high risk of acquiring HIV/AIDS (including but not limited to men who have sex with men, commercial sex workers, persons who inject drugs, prisoners, and migrants). The Ministry of Women, Families, and Child Protection oversaw a program that directed educational, psychosocial, nutritional, and economic support to orphans and other vulnerable children, including those infected or affected by HIV.
Democratic Republic of the Congo
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law on sexual violence criminalizes rape, but the offense was not always reported by victims, and the law was not always enforced. Rape was common. The legal definition of rape does not include spousal rape or intimate partner rape. It also prohibits extrajudicial settlements (for example, a customary fine paid by the perpetrator to the family of the victim) and forced marriage, allows victims of sexual violence to waive appearance in court, and permits closed hearings to protect confidentiality. The minimum penalty prescribed for conviction of rape is a prison sentence of five years, and courts regularly imposed such sentences in rape convictions. Some prosecutions occurred for rape and other types of sexual violence.
From January through June, the UNJHRO reported at least 436 women and 183 girls were victims of sexual and gender-based violence in conflict-affected areas. IAGs frequently used rape as a weapon of war (see section 1.g.).
Government agents raped and sexually abused women and girls during arrest and detention, as well as during the course of military action. MONUSCO reported 148 cases of sexual violence attributed to FARDC and PNC agents as of June 30. The UNJHRO stated nearly one-third of sexual violence cases committed against girls were committed by the SSF. While it was a problem throughout the country, the majority of cases took place in areas affected by internal conflict. The PNC continued its nationwide campaign, with support from MONUSCO, to eliminate sexual and gender-based violence by the SSF, including through the fight against impunity and the protection of victims and witnesses. The campaign operationalizes the national action plan to combat sexual and gender-based violence; however, as of year’s end the plan had not been fully funded and few activities had taken place.
On July 7, Colonel Jean Daniel Apanza, head of the military’s internal commission to combat sexual violence, reaffirmed the FARDC’s principle of “zero tolerance for cases of sexual violence.”
MONUSCO reported that on January 15, the military court in Bukavu, South Kivu Province, convicted one FARDC soldier and one PNC officer on charges of rape. The soldier and officer were sentenced to 20 years in prison each. During the same hearing, five other FARDC soldiers were convicted of other human rights abuses and received prison sentences.
Most survivors of rape did not pursue formal legal action due to insufficient resources, lack of confidence in the justice system, family pressure, and fear of subjecting themselves to humiliation, reprisal, or both.
The law does not provide any specific penalty for domestic violence despite its prevalence. Although the law considers assault a crime, police rarely intervened in perceived domestic disputes. There were no reports of judicial authorities taking action in cases of domestic or spousal abuse.
Female Genital Mutilation/Cutting (FGM/C): The law describes FGM/C as a form of sexual violence and provides for a sentence of two to five years in prison and substantial fines if convicted; in case of death due to FGM/C, the sentence is life imprisonment.
Other Harmful Traditional Practices: UNICEF and MONUSCO attributed some abuses of children, including sexual violence against young girls, to harmful traditional and religious practices. Perpetrators allegedly targeted children because they believed harming children or having sex with virgins could protect against death in conflict.
Sexual Harassment: Sexual harassment occurred throughout the country. The law prohibits sexual harassment and stipulates a minimum sentence of one year if convicted, but there was little or no effective enforcement of the law.
Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children, free from coercion, discrimination, or violence. Many couples and individuals lacked the means and access to information to enjoy these rights. The law also recognizes the rights of all couples and individuals of reproductive age to benefit from information and education on contraception and to have free access to reproductive health services.
According to the UNFPA, during the year 28 percent of women and girls ages 15 to 49 had their demand for family planning with modern methods satisfied. Challenges affecting access to family planning and reproductive health services included a failing transportation infrastructure, funding shortfalls for procuring adequate quantities of contraceptives, and poor logistics and supply chain management leading to frequent stock shortages. Cultural norms favoring large families; misinformation surrounding contraceptive use, including fear that contraception causes infertility; and, especially, the population’s general low capacity to pay for contraceptive services were also barriers.
The adolescent birth rate was 138 per 1,000 girls ages 15 to 19.
The government provided access to sexual and reproductive health services to survivors of sexual and gender-based violence. The services were free and intended to provide a postexposure prophylaxis kit within 72 hours to avoid unwanted pregnancy and sexually transmitted diseases. The government established mobile clinics for survivors in remote areas.
According to the 2013-14 Demographic and Health Survey, the maternal mortality ratio was 846 deaths per 100,000 live births, despite sustained high usage of health facilities for deliveries, which suggested a poor quality of health services. Geographic barriers, lack of appropriate equipment, and low health professional capacity also hindered the provision of quality maternal and child health services and led to high maternal mortality and childbirth complications, such as obstetric fistula.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution prohibits discrimination based on gender, but the law does not provide women the same rights as men. The law provides women a number of protections. It permits women to participate in economic domains without approval of male relatives, provides for maternity care, disallows inequities linked to dowries, and specifies fines and other sanctions for those who discriminate or engage in gender-based abuse. Women, however, experienced economic discrimination. There were legal restrictions on women in employment–including limitations on occupations considered dangerous–but no known restrictions on women’s working hours.
According to UNICEF, many widows were unable to inherit their late husbands’ property because the law states that in event of a death in which there is no will, the husband’s children, including those born out of wedlock (provided they were officially recognized by the father), rather than the widow, have precedence with regard to inheritance. Courts may sentence women found guilty of adultery to up to one year in prison, while adultery by men is punishable only if judged to have “an injurious quality.”
Birth Registration: The law provides for the acquisition of citizenship through birth within the country or from either parent being of an ethnic group documented as having been located in the country in 1960. The government registered 25 percent of children born in some form of medical facility. Lack of registration rarely affected access to government services.
Education: The constitution provides for tuition-free and compulsory primary education. Despite President Tshisekedi’s policy of free primary education, the government was unable to provide it consistently in all provinces. Public schools generally expected parents to contribute to teachers’ salaries. These expenses, combined with the potential loss of income from their children’s labor while they attended class, rendered many parents unable or unwilling to enroll their children. Primary and secondary schools were closed during the COVID-19 state of emergency.
Secondary school attendance rates for girls were lower than for boys due to financial, cultural, or security reasons, including early marriage and pregnancy for girls. There were reports of teachers pressuring girls for sexual favors in return for higher grades.
Many of the schools in the east were dilapidated and closed due to chronic insecurity. Schools were sometimes targeted in attacks by IAGs. Parents in some areas kept their children from attending school due to fear of IAG forcible recruitment of child soldiers.
Child Abuse: Although the law prohibits all forms of child abuse, it regularly occurred. The constitution prohibits parental abandonment of children accused of sorcery. Nevertheless, parents or other care providers sometimes abandoned or abused such children, frequently invoking “witchcraft” as a rationale. The law provides for the imprisonment of parents and other adults convicted of accusing children of witchcraft. Authorities did not implement the law.
Many churches conducted exorcisms of children accused of witchcraft. These exorcisms involved isolation, beating and whipping, starvation, and forced ingestion of purgatives. According to UNICEF some communities branded children with disabilities or speech impediments as witches. This practice sometimes resulted in parents’ abandoning their children.
Child, Early, and ForcedMarriage: While the law prohibits marriage of boys and girls younger than age 18, many marriages of underage children took place. Bridewealth (dowry) payment made by a groom or his family to the relatives of the bride to ratify a marriage greatly contributed to underage marriage, as parents forcibly married daughters to collect bridewealth or to finance bridewealth for a son.
The constitution criminalizes forced marriage. Courts may sentence parents convicted of forcing a child to marry to up to 12 years’ hard labor and a fine. The penalty doubles when the child is younger than age 15.
Sexual Exploitation of Children: The minimum age of consensual sex is 18 for both men and women, and the law prohibits prostitution by anyone younger than age 18. The penal code prohibits child pornography, with imprisonment of 10 to 20 years for those convicted. The law criminalizes child sex trafficking, with conviction carrying penalties ranging from 10 to 20 years’ imprisonment and a heavy fine. From January through June, UNICEF assisted 2,018 children (1,999 girls and 19 boys) who were victims of sexual exploitation. Most of these children were provided with a holistic response including psychosocial care, medical care, socioeconomic reintegration, and legal assistance.
There were also reports child soldiers, particularly girls, faced sexual exploitation (see section 1.g.).
Displaced Children: According to the 2007 Rapid Assessment, Analysis, and Action Planning Report, which was the most recent data available, there were an estimated 8.2 million orphans, children with disabilities, and other vulnerable children in the country. Of these, 91 percent received no external support of any kind and only 3 percent received medical support. In 2019 the NGO Humanium estimated 70,000 children lived on the streets, with at least 35,000 in Kinshasa. The families of many of these children forced them out of their homes, accusing them of witchcraft and causing misfortune.
UNICEF registered 2,646 orphans who lost parents to the Ebola virus, during an outbreak in the eastern part of the country that was officially declared ended on June 25. During the outbreak 1,604 children were separated from their parents–either because they were isolated after being in contact with an Ebola-affected individual or because their parents were undergoing treatment. These children received psychosocial support in UNICEF-supported nurseries.
The constitution prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities and requires the state to promote their participation in national, provincial, and local institutions. The constitution states all persons should have access to national education. The law states private, public, and semipublic companies may not discriminate against qualified candidates based on disability. The government did not enforce these provisions effectively, and persons with disabilities often found it difficult to obtain employment, education, and other government services.
As of November the law did not mandate access to government buildings or services for persons with disabilities including access to health care, information, communication, transportation, the judicial system, or other state services. While persons with disabilities may attend public primary and secondary schools and have access to higher education, no reasonable accommodations are required of educational facilities to support their full and equal inclusion. Consequently, 90 percent of adults with disabilities did not achieve basic literacy. The Ministry of Education increased its special education outreach efforts but estimated it was educating fewer than 6,000 children with disabilities.
Disability groups reported extensive social stigmatization, including children with disabilities being expelled from their homes and accused of witchcraft. Families sometimes concealed their children with disabilities due to shame.
Ethnic Twa persons frequently faced severe societal discrimination and had little protection from government officials (see section 1.g.).
There were reports of societal discrimination and violence against foreign minority groups.
Estimates of the country’s indigenous population (Twa, Baka, Mbuti, Aka, and others believed to be the country’s original inhabitants) varied greatly, from 250,000 to two million. Societal discrimination against these groups was widespread, and the government did not effectively protect their civil and political rights. Most indigenous persons took no part in the political process, and many lived in remote areas. Fighting in the east between IAGs and the SSF, expansion by farmers, and increased trading and excavation activities caused displacement of some indigenous populations.
While the law stipulates indigenous populations receive 10 percent of the profits gained from use of their land, this provision was not enforced. In some areas, surrounding tribes kidnapped and forced indigenous persons into slavery, sometimes resulting in ethnic conflict (see section 1.g.). Indigenous populations also reported high instances of rape by members of outside groups, which contributed to HIV/AIDS infections and other health complications.
On August 8, the International Day for Indigenous Peoples, President Tshisekedi gave a speech condemning the social stigmatization and lack of economic opportunity for the “pygmy” people.
While no law specifically prohibits consensual same-sex sexual conduct between adults, individuals engaging in public displays of consensual same-sex sexual conduct, such as kissing, were sometimes subject to prosecution under public indecency provisions, which society rarely applied to opposite-sex couples. A local NGO reported authorities often took no steps to investigate, prosecute, or punish officials who committed abuses against FLGBI persons, whether in the security forces or elsewhere in the government, and impunity for human rights abuses was a problem.
Identifying as lesbian, gay, bisexual, transgender, or intersex remained a cultural taboo, and harassment by SSF and judiciary occurred.
LGBTI individuals were subjected to harassment, stigmatization, and violence, including “corrective” rape. Some religious leaders, radio broadcasts, and political organizations played a key role in supporting discrimination against LGBTI individuals.
LGBTI persons in South Kivu Province reported that in 2018 a coalition of revivalist churches in Bukavu published materials characterizing LGBTI persons as against the will of God. The publications contributed to a deteriorating environment for LGBTI rights in the area. Advocates in the eastern part of the country reported arbitrary detentions, acts of physical violence, including beatings, being stripped naked, sexual abuse in public settings, and rape. In some cases LGBTI persons were forced by threats of violence to withdraw from schools and other public and community institutions.
The law prohibits discrimination based on HIV status, but social stigma continued.
The Demographic and Health Survey2013-14 captured a proxy indicator measuring the level of tolerance of respondents towards an HIV-positive person (either family member, businessperson, or teacher) and the necessity of hiding the HIV-positive status of a family member. A total of 72 percent of respondents said they were ready to take care of an HIV-positive parent, but only 47 percent expressed willingness to purchase produce from an HIV-positive seller. A total of 49 percent of respondents would accept having an HIV-positive teacher teach their children, and 26 percent said it would not be necessary to hide the HIV status of a family member. The study estimated a global tolerance level towards HIV-positive persons at 4 percent in women and 12 percent in men.
Discrimination against persons with albinism was widespread and limited their ability to marry and obtain employment, health care, and education. Families and communities frequently ostracized persons with albinism. Civil society groups reported albinos were killed and their bodies disinterred from their graves and cut up for use in rituals meant to grant special power to anyone, from soccer teams to political campaigns, for example.
Long-standing ethnic tensions also fueled some community violence. During the first half of the year, Hutu populations in North Kivu were subject to forced displacement by both the SSF and IAGs operating in the area. Intercommunal violence between Hema and Lendu groups in Ituri Province resulted in killings and displacement (see section 1.g.).
Djibouti
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law includes sentences of up to 20 years’ imprisonment for conviction of rape but does not address spousal rape. The law prohibits “torture and barbaric acts” against a spouse, specifying penalties of up to 20 years’ imprisonment for convicted perpetrators. A law passed in February allows for the protection and care of women and children who are victims of violence (Protection Law), and specifically enumerates protection against domestic violence, harmful cultural practices, sexual harassment, and discrimination. The law instructs ministries and public institutions to take all necessary measures to prevent and combat violence against women and children, including “economic violence,” such as any discrimination that would lead to preventing a woman’s economic or financial development.
The government made significant efforts to address the problems of violence against women. The National Union of Djiboutian Women (UNFD), a nonprofit organization for the empowerment of women, chaired by the first lady, was actively working with the government to improve the lives of women. UNFD’s Cellule d’Ecoute (Listening Committee) addresses issues of violence against women and girls and works in partnership with the ministries of health, justice, defense, women and family, interior, and Islamic and cultural affairs. This committee refers cases to the Ministry of Justice when abuse is violent or to the council on sharia for divorce proceedings.
The National Gendarmerie has a special unit for cases of gender-based violence. During the year it noted and addressed an increase of domestic violence during the COVID-19 confinement and quarantine requirements. Officials at the Ministry of Justice reported victims of rape and domestic violence often avoided the formal court system in favor of settlements between families. Through the Protection Law, however, the government made strides to address the issue including by creating a support fund for victims of violence and creating integrated care centers that provide medical care and psychosocial support.
International media reported cases of domestic violence in refugee villages, although the status of subsequent investigations was unknown. UNFD placed a full-time staff member in all refugee settlements to provide support for domestic violence victims.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but rates remained high. Reports stated that 78 percent of girls and women older than 15 had been subjected to FGM/C, a drop from previous studies that put the rate at more than 90 percent. The law sets punishment for conviction of FGM/C at five years’ imprisonment and a substantial fine, and NGOs may file charges on behalf of victims. The law also provides for up to one year’s imprisonment and a substantial fine for anyone convicted of failing to report a completed or planned FGM/C to the proper authorities.
The government took measures to address the problem. On October 25, authorities enforced the first-ever FGM/C case of a 10-year-old victim. The mother and the professional cutter were both arrested and brought before a judge, who issued them a warning and mandated that they each serve six months of detention if they were to reoffend. The government is supportive of efforts by international and national NGOs to provide training and education concerning the harmful effects of FGM/C. Additionally, the country’s religious leaders took a stance against FGM/C, declaring that the belief that the rationale “purifies young girls” has no basis in Islam. Despite the government’s efforts, major obstacles include high rates of illiteracy, difficulty of enforcement, and deep-seated societal traditions.
Sexual Harassment: The Protection Law prohibits sexual harassment. Anecdotal information suggested such harassment continued, but the government made the empowerment of women one of its top priorities.
Reproductive Rights: Individuals have the legal right to decide the number, spacing, and timing of their children. In practice, particularly in the rural areas, individuals were subject to the pressures of tradition, religion, and custom. Individuals have the right to manage reproductive health and to have access information and birth control. No discrimination, coercion, or violence was reported at health centers and birth-control dispensaries. Women could obtain birth control without the consent of their husbands or male partners. No legal, social, or cultural barriers affected access to skilled health attendance during pregnancy, but there was a lack of facilities.
The government offered access to sexual and reproductive health services for survivors of sexual violence, including survivors of conflict-related sexual violence; however, there was no data available on victims’ use of reproductive health information or health facilities.
Statistics from 2017 indicated a high maternal death rate of 383 deaths per 100,000 live births. Home births were the norm in rural areas. According to the UNFPA, the fertility rate per women was 2.6. Sixteen percent of women of reproductive age used modern methods for family planning. Skilled health personnel attended 28.6 percent of births between 2006 and 2014; more recent statistics for health personnel attendance were unavailable.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution provides for equal treatment of citizens regardless of gender, but custom and traditional societal discrimination resulted in a secondary role for women in public life and fewer employment opportunities in the formal sector (see section 7.d.).
Birth Registration: Citizenship derives from a child’s parents. The government encouraged prompt registration of births, but confusion regarding the process sometimes left children without proper documentation. Lack of birth registration did not result in denial of most public services but did prevent youth from completing higher studies and adults from voting.
Education: Although primary education is compulsory, only an estimated three of every four children were enrolled in school. Primary and middle school are tuition free, but other expenses are often prohibitive for poor families.
Child Abuse: Child abuse existed but was not frequently reported or prosecuted. The government sought to combat child abuse by establishing the National Commission for Youth and nominating a specialist judge to try cases involving child abuse.
Child, Early, and Forced Marriage: Although the law fixes the minimum legal age of marriage at 18, it provides that “marriage of minors who have not reached the legal age of majority is subject to the consent of their guardians.” Child, early, and forced marriage occasionally occurred in rural areas. The Ministry for the Promotion of Women and Family Planning, as well as UNFD, worked with women’s groups throughout the country to protect the rights of girls, including the right to decide when and whom to marry.
Sexual Exploitation of Children: The law provides for three years’ imprisonment and a substantial fine if convicted of the commercial exploitation of children. The law does not specifically prohibit statutory rape, and there is no legal minimum age of consent. The sale, manufacture, or distribution of all pornography, including child pornography, is prohibited, and are punishable by one year’s imprisonment and a substantial fine.
The government in 2016 enacted a law against trafficking in persons (TIP) that prohibits human trafficking and outlines definitions distinguishing trafficking and smuggling. The law states that the “means” element (referring to force or other forms of coercion) generally needed to prosecute TIP cases is not required when the victim is a minor.
Despite government efforts to keep at-risk children off the streets and to warn businesses against permitting children to enter bars and clubs, children were vulnerable to sex trafficking on the streets and in brothels.
Displaced Children: There is a significant population of migrant children due to the country’s location as a transit point for migrants, especially from Ethiopia, who seek to transit to Yemen and ultimately to the Arabian Peninsula. An NGO operates the only facility in the country to look after these “street children.”
Observers estimated the Jewish community at fewer than 30 persons, the majority of whom were foreign military members stationed in the country. There were no reports of anti-Semitic acts. Djibouti’s indigenous Jewish community emigrated to Israel in 1947 during the French colonial period.
The constitution does not prohibit discrimination against persons with disabilities. In 2018 the government created the National Agency of Handicapped Persons (ANPH). It has responsibility specifically to protect the rights of persons with disabilities and improve their access to social services and employment. The government did not mandate access to government services and accessibility to buildings for persons with disabilities, and buildings were often inaccessible. The law provides persons with disabilities access to health care and education, but it was not enforced.
Authorities held prisoners with mental disabilities separately from other pretrial detainees and convicted prisoners. They received some psychological treatment or monitoring. Families could request confinement in prison for relatives with mental disabilities who had not been convicted of any crime, but who were considered a danger to themselves or those around them. There were no mental health treatment facilities and only one practicing psychiatrist in the country.
The ANPH conducted awareness-raising campaigns, coordinated with NGOs to organize seminars and other events, and encouraged social service providers to improve their systems to serve persons with disabilities better.
The governing coalition included representatives of all the country’s major clans and ethnic groups, with minority groups also represented in senior positions. Nonetheless, there was discrimination based on ethnicity in employment and job advancement. Somali-Issas, the majority ethnic group, controlled the ruling party, UMP. It shared political power with the Afar ethnic group. However, there are multiple rival subclans, and discrimination based on ethnicity and clan affiliation remained a factor in business and politics.
The law does not explicitly criminalize lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or sexual conduct between consenting adults. No antidiscrimination law exists to protect LGBTI individuals. There were no reported incidents of societal violence or discrimination based on sexual orientation, gender identity or expression, or sex characteristics, although LGBTI persons generally did not openly acknowledge their LGBTI status. There were no LGBTI organizations.
There were no reported cases of violence or discrimination against persons with HIV/AIDS, although stigma against individuals with the disease was widespread. Several local associations worked in collaboration with the government to combat social discrimination.
Egypt
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape, prescribing penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal. The government improved its enforcement of the law. Civil society organizations reported instances of police pressuring victims not to pursue charges.
On July 4, authorities arrested Ahmed Bassam Zaki after more than 50 women accused him online of rape, sexual assault, and harassment dating back to 2016. On July 8, the prosecution ordered his pretrial detention for 15 days pending investigations on charges that included attempted rape and sexual assault. Zaki faced charges of statutory rape, sexual harassment, and blackmail in an October 10 trial session; the court was scheduled to reconvene in January 2021. On December 29, the Cairo Economic Court convicted Zaki of misuse of social media and using social media for sexual assault and sentenced him to three years’ imprisonment with labor. These allegations gave rise to what media referred to as Egypt’s #MeToo movement.
On July 21, a Qena criminal court sentenced three defendants to death after convicting them of kidnapping and raping a young woman from Farshout in Qena Governorate in 2018. A local NGO said on July 22 that the victim received threats from the families of the defendants hours after the verdict was issued and after she discussed the rape on television two weeks prior to the ruling.
On July 31, media reported that the administrator of the Instagram and Twitter accounts “Assault Police,” which had almost 200,000 followers, deactivated the accounts after it received death threats following postings about various alleged gang rapes. Local media reported the account also referred allegations against Ahmed Bassam Zaki to authorities and the National Council for Women.
On August 4, the National Council for Women forwarded a complaint to the public prosecutor from a woman who alleged she was sexually assaulted by multiple men at the Fairmont Nile City hotel in 2014. The complaint included testimony about the incident in which a group of men allegedly drugged, raped, and filmed the victim after a social event. According to social media, the men signed their initials on her body and used the film as a “trophy” and blackmail. On August 24, the public prosecutor ordered the arrests of nine men allegedly involved in the case, most of them sons of prominent businesspeople. According to media, as of September 2, authorities arrested five suspects in Egypt and three in Lebanon, who were extradited to Egypt. Media reported that in late August state security arrested a man and three women who were witnesses to the alleged rape and two of the witnesses’ acquaintances. The prosecutor general charged all six in a separate case with violating laws on drug use, “morality,” and “debauchery;” the prosecutor general ordered the release on bail of three of the six on August 31 and was pressing charges.
Domestic violence was a significant problem. The law does not prohibit domestic violence or spousal abuse, but authorities may apply provisions relating to assault with accompanying penalties. The law requires that an assault victim produce multiple eyewitnesses, a difficult condition for domestic abuse victims. Police often treated domestic violence as a family issue rather than a criminal matter.
The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The National Council for Women (NCW) was responsible for coordinating government and civil society efforts to empower women. In 2015 the NCW launched a five-year National Strategy to Combat Violence against Women with four strategic objectives: prevention, protection, intervention, and prosecution. An NCW study found that approximately 1.5 million women reported domestic violence each year. A 2015 Egypt Economic Cost of Gender-based Violence Survey reported that 5.6 million women experience violence at the hands of their husbands or fiances each year. After the start of the country’s #MeToo movement, the NCW coordinated with women’s rights organizations and the Prosecutor General’s Office to help women who disclosed they were victims of sexual harassment.
Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but it remained a serious problem. According to international and local observers, the government did not effectively enforce the FGM/C law. In May 2019 the government formed a national task force to end FGM/C, led by the NCW and the National Council for Childhood and Motherhood (NCCM). On June 13, the NCCM stated that 82 percent of FGM crimes were carried out by doctors.
On January 20, a Sohag criminal court sentenced a doctor who conducted FGM/C surgery on a girl in Sohag Governorate in 2018 and the father of the girl to one year in prison; it ruled to suspend implementation of the sentence unless the doctor committed the crime again within the next three years. On August 6, the Administrative Prosecution referred the doctor, who directed a government clinic in Sohag Governorate, to administrative trial for committing FGM/C. One local human rights organization welcomed this disciplinary proceeding and criticized the legal discretion given to the judiciary in sentencing FGM/C cases. The circumcision resulted in severe bleeding and caused the girl permanent disability that forced her to stay in a Sohag hospital for more than a year.
In late January Nada Hassan, a 12-year-old girl, died from FGM/C in Assiut. Authorities arrested the doctor who performed the FGM/C, the parents, and an aunt. On February 6, a court in Assiut released the parents and aunt on guarantee of their residence pending trial and released the doctor on bail pending trial. The public prosecutor summoned the doctor and redetained him on February 20 and referred the case to trial on February 22. The Assuit Criminal Court scheduled a review of the case on October 28, but further developments were not made public. On June 3, the Public Prosecution stated that after a forensic analysis confirmed FGM/C occurred on three minor girls in Sohag Province, it charged a doctor with performing the procedure and the father of the girls for assisting in the crime. The statement also said the father had told the girls that the doctor was going to vaccinate them for COVID-19. According to media reports, the children’s mother reported the crime on May 31 to police. On July 12, a Sohag court sentenced the doctor to three years in prison and the father to one year in prison.
A 2016 amendment to the law designated FGM/C a felony, as opposed to a misdemeanor as it was previously, and assigned penalties for conviction of five to seven years’ imprisonment for practitioners who perform the procedure, or 15 years if the practice led to death or “permanent deformity.” The law granted exceptions in cases of “medical necessity,” which rights groups and subject matter experts identified as a problematic loophole that allowed the practice to continue. After Hassan’s death and the case of the three Sohag girls, the Ministry of Health and Population, National Council for Population, NCCM, National Council for Women, Prosecutor General’s Office, and local NGOs worked together successfully to eliminate the loophole and raise awareness of the crime.
Other Harmful Traditional Practices: The law does not specifically address “honor” crimes, which authorities treated as any other crime. There were no reliable statistics regarding the incidence of killings and assaults motivated by “honor,” but local observers stated such killings occurred, particularly in rural areas. Local media, especially in Upper Egypt, occasionally reported on incidents where fathers or brothers killed their daughters and sisters in alleged “honor killings” after they discovered they had premarital or extramarital relationships.
Sexual Harassment: Sexual harassment remained a serious problem. The government claimed it prioritized efforts to address sexual harassment. The penal code defines sexual harassment as a crime, with penalties including fines and sentences of six months’ to five years’ imprisonment if convicted. Media and NGOs reported sexual harassment by police was also a problem, and the potential for further harassment further discouraged women from filing complaints. In September the president ratified a penal code amendment to strengthen protection of the identities of victims of harassment, rape, and assault during court cases.
On January 29, a Giza court ordered a daily newspaper to pay financial compensation to journalist May al-Shamy for dismissing her wrongfully in 2018 after she complained of sexual harassment in the workplace.
On February 9, the Supreme Administrative Court issued a final ruling dismissing a teacher after he was convicted of sexual harassment of 120 elementary school students in Alexandria Governorate in 2013. The teacher had been dismissed in 2013 by the school where he was working.
According to local press, a Qena criminal court on July 11 sentenced a man to 15 years in prison for sexually assaulting a woman in February. The verdict remained subject to appeal.
On July 18, the Coptic Orthodox Church announced that Pope Tawadros II decided to defrock priest Rewiess Aziz Khalil of the Diocese of Minya and Abu Qurqas, following allegations of sexual abuse and pedophilia leveled by Coptic Christians in North America where the priest had lived on a foreign assignment.
Reproductive Rights: The law recognizes the basic right of married couples to decide the number, spacing, and timing of their children, and it enables individuals to have access to the information and means to do so free from coercion or violence. The Ministry of Health and Population distributed contraceptive materials and assigned personnel to attend births, offer postpartum care to mothers and children, and provide treatment for sexually transmitted diseases at minimal or no cost. The government also did not restrict family-planning decisions. Gender norms and social, cultural, economic, and religious barriers inhibited some women’s ability to make reproductive decisions, to access contraceptives, and to attain full reproductive health. Some women lacked access to information on reproductive health, and the limited availability of female healthcare providers impacted access to skilled health attendance during pregnancy and childbirth, given the preference many women had for female healthcare providers for social and religious reasons.
According to the World Health Organization’s 2020 World Health Statistics report, the country’s maternal mortality ratio is 37/100,000 births, the proportion of births attended by skilled health personnel is 90 percent, the adolescent birth rate is 51.8/1,000 aged 15-19, and the proportion of women of reproductive age who have their need for family planning met with modern methods is 80 percent. Although on the decline, female genital mutilation/cutting (FGM/C) continues to be widely practiced. In 2015, 87 percent of girls and women aged 15 to 49 had undergone FGM/C, according to the 2015 Egypt Health Issues Survey. The prevalence, however, is reportedly much higher among older age groups. FGM/C third grade (infibulation) is more prevalent in the South (Aswan and Nubia), and this, in some cases, has been associated with difficulty in giving birth, obstructed labor, and higher rates of neonatal mortality. The government enlisted the support of religious leaders to combat cultural acceptance of FGM/C and encourage family planning.
There was no information on government assistance to survivors of sexual assault.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution provides for equal rights for male and female citizens. Women did not enjoy the same legal rights and opportunities as men, and discrimination was widespread. Aspects of the law and traditional societal practices disadvantaged women in family, social, and economic life.
Women faced widespread societal discrimination, threats to their physical security, and workplace bias in favor of men that hindered their social and economic advancement.
Laws affecting marriage and personal status generally corresponded to an individual’s religious group. A female Muslim citizen cannot legally marry a non-Muslim man. If she were to do so, authorities could charge her with adultery and consider her children illegitimate. Under the government’s interpretation of Islamic law, any children from such a marriage could be placed in the custody of a male Muslim guardian. Khula divorce allows a Muslim woman to obtain a divorce without her husband’s consent, provided she forgoes all her financial rights, including alimony, dowry, and other benefits. The Coptic Orthodox Church permits divorce only in rare circumstances, such as adultery or conversion of one spouse to another religion. Other Christian churches permitted divorce on a case-by-case basis.
On February 4, President Sisi approved harsher penalties in the penal code for divorced men who avoid paying spousal and child support.
The law follows sharia in matters of inheritance; therefore, a Muslim female heir generally receives one-half the amount of a male heir’s inheritance, and Christian widows of Muslims have no inheritance rights. A sole Muslim female heir receives one-half her parents’ estate, and the balance goes to the siblings of the parents or the children of the siblings if the siblings are deceased. A sole male heir inherits his parents’ entire estate.
In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually the woman accomplishes credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise.
Labor laws provide for equal rates of pay for equal work for men and women in the public but not the private sector. Educated women had employment opportunities, but social pressure against women pursuing a career was strong. Large sectors of the economy controlled by the military excluded women from high-level positions.
Birth Registration: Children derive citizenship through their parents. The mother or the father transmits citizenship and nationality. The government attempted to register all births soon after birth, but some citizens in remote and tribal areas such as the Sinai Peninsula registered births late or could not document their citizenship. In some cases, failure to register resulted in denial of public services, particularly in urban areas where most services required presentation of a national identification card.
Education: Education is compulsory, free, and universal until the ninth grade. The law provides this benefit to stateless persons and refugees. Public schools enrolled Syrian refugees, but they largely excluded refugees of other nationalities.
Child Abuse: The constitution stipulates the government shall protect children from all forms of violence, abuse, mistreatment, and commercial and sexual exploitation. According to a local rights group, authorities recorded hundreds of cases of alleged child abuse each month. The NCCM worked on child abuse issues, and several civil society organizations assisted runaway and abandoned children.
Rights organizations reported children faced mistreatment in detention, including torture, sharing cells with adults, denial of their right to counsel, and authorities’ failure to notify their families. In March Human Rights Watch reported that security forces arrested a 14-year-old boy for protesting in 2016, used electric shocks on sensitive parts of his body, suspended him from his arms until it dislocated his shoulders and left him without medical care for three days, and sentenced him to 10 years in prison for participating in an antigovernment protest.
Child, Early, and Forced Marriage: The legal age of marriage is 18. On January 30, the NCCM announced it had stopped 659 cases of child marriage in 2019. A government study published on March 17 reported that 2.5 percent of the population in Upper Egypt governorates were married between the ages of 15 and 17, and the percentage of females in that age group who had previously been married exceeded that of males. On February 23, the deputy minister of health and population affairs stated there were 230,000 newborns as a result of early marriage in various governorates across the country. Informal marriages could lead to contested paternity and leave minor females without alimony and other claims available to women with registered marriages. Families reportedly sometimes forced adolescent girls to marry wealthy foreign men in what were known locally as “tourism” or “summer” marriages for the purpose of sexual exploitation, prostitution, or forced labor. According to the law, a foreign man who wants to marry an Egyptian woman more than 25 years younger than he is must pay her EGP 50,000 ($3,030). Women’s rights organizations argued that allowing foreign men to pay a fine to marry much younger women represented a form of trafficking and encouragement of child marriage. They called on the government to eliminate the system altogether. The NCCM’s antitrafficking unit is responsible for raising awareness of the problem.
On January 4, the Supreme Administrative Court upheld a lower court ruling to dismiss an imam and preacher in the village of Mit Habib in Samanoud, Gharbeya, for administering the marriage of a minor girl and a minor boy in violation of the law. He had administered several urfi (unregistered) marriages of underage girls under the pretext that the practice is “lawful” in Islamic law. The court ruled that urfi marriages of minors is a violation of children’s rights and an attack on children and young girls, calling the practice of child marriage inconsistent with efforts to protect and promote women’s rights. On February 14, security forces arrested a criminal network engaged in the sale of minors in Giza Governorate. According to local media, the gang sold girls for marriage to wealthy Arabs for a large fee, exploiting their families’ financial need. On December 10, the Public Prosecution referred the case to the Criminal Court.
On March 10, the NCCM’s Child Protection Committee at the Akhmeem Center in Sohag announced it stopped an early marriage of a minor in the village of Al-Sawamah Sharq after receiving a report that a person was preparing to marry off his 16-year-old sister.
Sexual Exploitation of Children: The law provides for sentences of not less than five years’ imprisonment and fines for conviction of commercial sexual exploitation of children and child pornography. The government did not adequately enforce the law. The minimum age for consensual sex is age 18.
On May 26, security forces detained Menna Abd El-Aziz, a minor, after she said in a social media video that an acquaintance and others had sexually assaulted her. On May 31, the prosecution ordered Abd El-Aziz’s detention pending investigations on charges of inciting debauchery and forging an online account. On June 9, the prosecutor general confirmed Abd El-Aziz had been assaulted, beaten, and injured and ordered her pretrial detention in one of the Ministry of Social Solidarity’s shelters for women. On July 26, the prosecutor general referred Abd El-Aziz and six other defendants to criminal court. According to her lawyers, Abd El-Aziz was released on September 17. The individuals she accused were charged in a separate case with sexual abuse and violating the sanctity of a minor’s private life.
On August 29, the public prosecutor ordered the detention of a cook whom authorities had arrested the same day on charges of sexually assaulting underage girls at the orphanage where he worked. On September 26, the Public Prosecution ordered the detention of a teacher pending investigations on charges of sexually assaulting two children in the Khalifa district.
Displaced Children: The Central Agency for Public Mobilization and Statistics and the NCCM estimated there were 1,600 street children, while civil society organizations estimated the number to be in the millions. The ministry offered shelters to street children, but many chose not to use them because staff reportedly treated the children as if they were criminals, according to local rights groups. According to rights groups, the incidence of violence, prostitution, and drug dealing in these shelters was high. Religious institutions and NGOs provided services for street children, including meals, clothing, and literacy classes. The Ministry of Health and Population provided mobile health clinics staffed by nurses and social workers. The Ministry of Social Solidarity also provided 17 mobile units in 10 governorates, offering emergency services, including food and health care, to street children.
The country’s Jewish community reportedly numbered fewer than 10 individuals. In January the government publicly celebrated the history of Jews in Egypt with the reopening of a historic synagogue in Alexandria following completion of its restoration.
On February 25, the Anti-Defamation League called on the government to remove anti-Semitic books from the Cairo International Book Fair.
In April, Israel condemned an Egyptian television series called The End, which depicted the future destruction of Israel in a science fiction film.
The constitution states persons with disabilities are equal without discrimination before the law. The law prohibits discrimination in education, employment, health, political activity, rehabilitation, training, and legal protection.
The law provides for persons with disabilities to gain access to vocational training and employment. Government policy sets a quota for employing persons with disabilities of 5 percent of workers with disabilities for companies with more than 50 employees. Authorities did not enforce the quota requirement, and companies often had persons with disabilities on their payroll to meet the quota without employing them. Government-operated treatment centers for persons with disabilities, especially children, were of poor quality.
A 2019 law establishes the National Council for People with Disabilities (NCPD), an independent body that aims to promote, develop, and protect the rights of persons with disabilities and their constitutional dignity. The council signed a cooperation protocol with the Justice Ministry to guarantee the rights of persons with disabilities and to train employees in the government on how to help those with hearing impairments.
Persons with disabilities rode government-owned mass transit buses without charge, but the buses were not wheelchair accessible. Persons with disabilities received subsidies to purchase household products, wheelchairs, and prosthetic devices. Some children with disabilities attended schools with their nondisabled peers while others attended segregated schools. Some of the segregated institutions were informal schools run by NGOs. Some parents of children with disabilities complained on social media of the lack of experience of teacher assistants assigned to help their children.
On January 11, President Sisi directed the government to increase its support to persons with special needs. On April 28, the NCPD general secretary complained to the Human Rights Department of the Prosecutor General’s Office about a reality television broadcast where one participant presented himself as having intellectual disabilities in order to elicit reactions from other participants.
On June 29, the prosecutor general ordered reconsideration of the acquittal of a minor who had allegedly raped an autistic child in late January.
During the Senate and House of Representatives elections, polling stations provided wheelchairs for persons with walking disabilities.
The law prohibits discrimination on any grounds. Nevertheless, dark-skinned Egyptians and sub-Saharan Africans faced discrimination and harassment, as did Nubians from Upper Egypt.
On July 3, the prosecutor general ordered the detention of two suspects pending investigations on charges of insulting a Sudanese child, violating his personal life, violating Egyptian social values, theft, physical abuse, and discrimination based on national origin. The Prosecutor General’s Office stated the two suspects had beaten the child, stolen his property, and filmed him to post the video on social media. On July 25, the Imbaba misdemeanor court sentenced two defendants in a bullying case to two years in prison with labor and a fine. On September 5, President Sisi ratified amendments to the penal code to criminalize bullying. The new law criminalizes disparaging someone else’s race, gender, religion, physical attributes, social status, health, or mental condition with up to six months in prison a fine, or both.
According to the constitution, the state should make efforts to return Nubians to their original territories and develop such territories within 10 years of the constitution’s 2014 ratification.
On January 20, the prime minister presided over a ceremony granting compensation to Nubians in Aswan Governorate who were displaced by the construction of the two Aswan dams decades ago. The ministers of social solidarity and of culture and of housing attended the event. In his speech, the prime minister noted recent major development projects in Upper Egypt, including improvements to roads, electricity, housing, drinking water, sanitation, education, and health.
While the law does not explicitly criminalize consensual same-sex sexual activity, it allows police to arrest LGBTI persons on charges such as “debauchery,” “prostitution,” and “violating the teachings of religion” and it provides for prison sentences of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Authorities did not use antidiscrimination laws to protect LGBTI individuals. Legal discrimination and social stigma impeded LGBTI persons from organizing or advocating publicly in defense of their rights. Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. There were reports of arrests and harassment of LGBTI individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTI individuals or to avoid arrest. The government has the authority to deport or bar entry to the country of LGBTI foreigners.
There were reports that authorities used social media, dating websites, and cell phone apps to entrap persons they suspected of being gay or transgender, a method LGBTI advocates described as especially effective as LGBTI-friendly public spaces had largely closed in recent years.
On June 1, the Administrative Court rejected a lawsuit filed by transgender Malak El-Kashef, whom authorities released from detention in July 2019, to compel the interior minister to establish separate facilities for transgender individuals inside prisons and police stations. A court ordered transgender male Hossam Ahmed, whom authorities subjected to invasive physical exams, released from pretrial detention in a women’s prison in September.
In a televised statement in early May, prominent actor Hisham Selim spoke openly about his son’s gender change and inability to change his identity card from female to male. On June 23, two lawyers filed lawsuits against Selim and his transgender son for an Instagram post that paid tribute to Egyptian LGBT activist Sara Hegazy, who died by suicide in 2020. Hegazy was reportedly subjected to electric shocks, verbally and sexually assaulted, and held in solitary confinement during her imprisonment for debauchery in 2017, reportedly because she flew a rainbow flag at a concert.
Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations. The law allows for conducting forced anal exams in cases of debauchery.
According to a LGBTI rights organization 2019 annual report issued in January, authorities arrested 92 LGBTI individuals in 2019 and conducted forced anal exams on seven persons.
HIV-positive individuals faced significant social stigma and discrimination in society and the workplace. The health-care system provided anonymous counseling and testing for HIV, free adult and pediatric antiretroviral therapy, and support groups.
Eritrea
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Rape is a crime punishable by up to 10 years in prison if convicted, or up to 16 years in aggravated cases (such as those that inflict serious bodily injury, involve a minor or someone under the perpetrator’s care, or involve a group of perpetrators). The law makes no distinction based on the gender of the assailant or the victim. Rape between spouses is punishable only when the spouses have permanently separated.
While the law does not specifically criminalize domestic violence, assault carries a punishment that varies based on the seriousness of the crime, ranging from nine months to 19 years in prison. Authorities rarely intervened in domestic violence cases.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for both women and girls. Government efforts to reduce FGM/C included public awareness campaigns at the local level targeting religious and community leaders. Government reports stated certain regions and subzones were considered 100 percent free of FGM/C practices. Local UN representatives confirmed that the government took FGM/C seriously as a problem and acted credibly to combat the practice. The UN Population Fund worked with the government and other organizations, including the National Union of Eritrean Women and the National Union of Eritrean Youth and Students, on a variety of education programs to discourage the practice.
Sexual Harassment: The law does not specifically criminalize sexual harassment.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and they may do so free from discrimination, coercion, or violence. The Ministry of Health promoted modern contraceptive means and took steps to inform women throughout the country of these means. Contraception was provided free of charge in many cases; however, in more rural areas, women still lacked access or information. The World Health Organization (WHO) reported that from 2010 to 2019 only 21 percent of women of reproductive age had their need for family planning satisfied with modern methods.
While the government took steps to ensure the attendance of skilled health personnel at births, according to the WHO, only 34 percent of births from 2010 to 2019 were so attended. Barriers included education and transportation.
The government provided sexual and reproductive health services for survivors of sexual violence, including emergency contraception and postexposure prophylaxis for HIV.
According to the WHO, the maternal death rate was an estimated 480 deaths per 100,000 live births. The high maternal death rate was likely due to such factors as limited health-care services, particularly in rural areas. No information was available on the adolescent birth rate. While this has traditionally been a problem in the country and likely contributed to high maternal death rates, the government has made a concerted effort to convince individuals to delay marriage and childbirth.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization by government authorities.
Discrimination: Family, labor, property, nationality, and inheritance laws provide men and women the same status and rights. The law requires equal pay for equal work. Nevertheless, women, particularly in rural areas, continued to face economic and social discrimination. The government did not enforce the law effectively.
Birth Registration: A child derives citizenship from having at least one citizen parent, whether the person is born in the country or abroad. Registration of a birth within the first three months requires only a hospital certificate. If not registered, a child may not be allowed to attend school but may receive medical treatment at hospitals.
Education: Education through grade seven is compulsory and tuition free, although students’ families were responsible for providing uniforms, supplies, and transportation. Access to education was not universal, but the government took steps to encourage attendance, including public awareness campaigns and home visits by school officials. In rural areas parents enrolled fewer daughters than sons in school, but the percentage of girls in school continued to increase.
Child Abuse: The law provides that assault of a person incapable of self-defense or against a person for whom the assailant has an obligation to give special care is an aggravated offense. The law also criminalizes child neglect, with a punishment between one and six months’ imprisonment.
Child, Early, and Forced Marriage: The legal minimum age for marriage for both men and women is 18, unless the woman is pregnant or has already had a child, in which case the minimum for both is 16. The minister of justice or someone appointed by the minister may also waive the age requirement. There were no recent statistics on early marriage. Officials spoke publicly on the dangers of early marriage and collaborated with UN agencies to educate the public regarding these dangers, and many neighborhood committees actively discouraged the practice.
Sexual Exploitation of Children: The law criminalizes most commercial sexual exploitation and practices related to child pornography. The use of a child for prostitution, however, is not specifically criminally prohibited. The minimum age for consensual sex is 18.
There were no reports of anti-Semitic acts, and the country’s sole remaining Jew maintained the only synagogue without reported government interference.
The law prohibits discrimination against persons with disabilities. The government implemented programs to assist persons with disabilities, especially combat veterans, and dedicated substantial resources to support and train thousands of persons with physical disabilities. No laws mandate access for persons with disabilities to public or private buildings, information, and communications. There were separate schools for children with hearing, vision, mental, and intellectual disabilities. Most of these schools were private; the government provided some support to them. The Ministry of Labor and Human Welfare is responsible for protecting the rights of persons with disabilities, including mental disabilities.
There were reports governmental discrimination continued against ethnic minorities, particularly against the Afar, one of nine ethnic groups in the country.
The law criminalizes consensual same-sex sexual activity “or any other indecent act,” which is punishable if convicted by five to seven years’ incarceration. The government actively enforced this law. Antidiscrimination laws relating to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons do not exist.
There were no known LGBTI organizations in the country.
Ethiopia
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape and provides for a penalty of five to 20 years’ imprisonment if convicted, depending on the severity of the case. The law does not expressly address spousal rape. The government did not fully enforce the law. The law generally covers violence against a marriage partner or a person cohabiting in an irregular union without specifically mentioning spousal rape. Some judges interpreted this article to cover spousal rape cases, but others overlooked such cases.
The Tigray Women’s Association reported that 133 girls were sexually assaulted in Tigray Region between April and May. The Addis Ababa Women, Children, and Youth Affairs Bureau received 101 reports of child rape from three hospitals during the same period. Following this large number of reports, the government and CSOs launched initiatives that improved reporting and law enforcement regarding rape and sexual assaults, and provided psychological support to victims. The regional Women and Child Affairs Bureaus worked with police to bring suspects to justice, but these efforts yielded little because of poor community awareness of the law and due difficulties in finding witnesses willing to testify. Domestic CSOs also assisted victims of gender-based violence. The United Nations supported Marie Stopes Ethiopia, a CSO working on reproductive health, to set up two hotlines and provide counselling services to victims of sexual assault and gender-based violence.
Domestic violence is illegal, but government enforcement of the law was inconsistent. Depending on the severity of injuries inflicted, penalties for conviction ranged from small fines to 15 years’ imprisonment. Domestic violence, including spousal abuse, was a pervasive social problem. According to the 2016 Demographic and Health Survey, 34 percent of married women and girls between ages 15 and 49 had experienced physical, sexual, or emotional violence from spouses.
Female Genital Mutilation/Cutting (FGM/C): The law criminalizes the practice of clitoridectomy and provides for three months’ imprisonment or a monetary fine if convicted. Conviction of infibulation of the genitals (the most extreme and dangerous form of FGM/C) is punishable by five to 10 years’ imprisonment. According to government sources, there were no criminal prosecutions of FGM/C, and media reported this was due to lack of enforcement of the law.
UNICEF’s annual profile of FGM/C indicated that 65 percent of girls and women ages 15-49 were circumcised. The prevalence of female circumcision was highest in the Somali Region (99 percent) and lowest in the Tigray Region (23 percent). The greatest reduction in the prevalence of FGM/C in the country was in Oromia according to UNICEF. The level of FGM/C, however, has not changed significantly in the Somali Region according to the UNICEF report. It was less common in urban areas.
Other Harmful Traditional Practices: Marriage by abduction is illegal, although it continued in some regions despite the government’s attempts to combat the practice. Between April and May, abduction to commit forced marriage surged in the country because of school closures due to COVID-19. Forced sexual relationships accompanied most marriages by abduction, and women often experienced physical abuse during the abduction. Abductions led to conflicts among families, communities, and ethnic groups. In cases of abduction, the perpetrator did not face punishment if the victim agreed to marry the perpetrator.
Sexual Harassment: Sexual harassment was widespread. The law prescribes penalties of 18 to 24 months’ imprisonment, but authorities generally did not enforce the law. In September 2019 the government regulated workplace sexual harassment and sexual violence in its revised labor law.
Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children; have the right to manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence.
The constitution protects the rights of women to access family planning resources and safeguard their health during pregnancy and childbirth. Although the law criminalizes marriage by abduction–which often involved rape–the persistence of this traditional practice limited reproductive rights. According to the 2016 Demographic Health Survey (DHS), 85 percent of married or in-union women in the country made decisions on their health care; 94 percent had autonomy in deciding to use contraception; but only 53 percent could say no to sex. Overall, only 45 percent of married or in-union women aged 15 to 49 made their own decisions in all three key areas of sexual and reproductive health and rights: deciding on their own health care, deciding on the use of contraception, and saying no to sex. While 53 percent of married or in-union women reported being able to say no to sex, the law does not protect this right.
According to the 2016 DHS, 61 percent of women of reproductive age had access to family planning with modern methods. According to 2018 World Health Organization (WHO) data, the country had an adolescent birth rate (per 1,000 girls aged 15-19 years) of 79.5. Despite nationwide access to contraception, negative cultural stigma around premarital sex reduced utilization of contraception. Transportation problems in remote areas of the country also reduced utilization of contraception. According to a small-scale DHS in 2019, the modern contraception prevalence rate was 41 percent, up from 35 percent in 2016. Prevalence and utilization of contraception varied widely among regions.
Skilled health personnel attended 28 percent of births according to 2019 WHO data. Although the government provided free maternal and child health services, challenges from resource constraints and poor transportation in remote areas persisted for women in accessing skilled health attendance during pregnancy and childbirth. Lack of skilled health attendance during pregnancy correlated with the country’s high maternal mortality rate–401 deaths per 100,000 live births according to 2017 WHO data. Major causes of maternal mortality included hemorrhage, obstructed labor/ruptured uterus, pregnancy-induced hypertension, sepsis, and unsafe abortion.
The law criminalizes FGM/C and stitching female genitalia. The law provides punishments of imprisonment of at least three months or a fine for female circumcision. Cutting and stitching female genitalia is punishable with imprisonment for three years to five years. Girls and women who have had FGM/C were significantly more likely to have adverse obstetric outcomes, including maternal death. Risk of maternal morbidity increased with more extensive forms of FGM/C. While access to some sexual and reproductive health services was available for survivors of sexual violence at public sector facilities, more comprehensive services for survivors–including legal and judicial support–were limited.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Discrimination against women was widespread. It was most acute in rural areas, where an estimated 80 percent of the population lived. The law contains discriminatory regulations, such as recognition of the husband as the legal head of the family and the sole guardian of children older than five. Courts generally did not consider domestic violence by itself a justification for granting a divorce. Regardless of the number of years married, the number of children raised, and joint property, the law entitles women to only three months’ financial support if the relationship ends. There is limited legal recognition of common-law marriage. A common-law husband has no obligation to provide financial assistance to his family, and consequently women and children sometimes faced abandonment. Traditional courts applied customary law in economic and social relationships.
All federal and regional land laws empower women to access government land. Inheritance laws enable widows to inherit joint property acquired during marriage; however, enforcement of both legal provisions was uneven.
Women’s access to gainful employment, credit, and the opportunity to own or manage a business was limited by fewer educational opportunities and by legal restrictions on women’s employment. These restrictions include limitations on working in occupations deemed dangerous and in specific industries such as mining and agriculture. There were a number of initiatives aimed at increasing women’s access to these critical economic empowerment tools.
Birth Registration: A child’s citizenship derives from its parents. The law requires registration for children at birth. Children born in hospitals were registered; most of those born outside of hospitals were not. The overwhelming majority of children, particularly in rural areas, were born at home. The government continued a campaign initiated in 2017 to increase birth registrations by advising that failure to register would result in denial of public services.
Education: The law does not make education compulsory. Primary education is universal and tuition-free; however, there were not enough schools to accommodate the country’s youth, particularly in rural areas. The cost of school supplies was prohibitive for many families. During the year the city government of Addis Ababa provided school uniforms and supplies to students in all government schools. According to the most recent data available, 90 percent of boys and 84 percent of girls were enrolled in primary school.
Child Abuse: Child abuse was widespread. Uvula cutting, tonsil scraping, and milk-tooth extraction were among the most prevalent harmful traditional practices. The African Report on Child Wellbeing 2013, published by the African Child Policy Forum, found the government had increased punishment for conviction of sexual violence against children. “Child-friendly” courtrooms heard cases involving violence against children and women.
Child, Early, and Forced Marriage: The law sets the legal age of marriage for girls and boys at 18. Authorities, however, did not enforce this law uniformly, and rural families sometimes were unaware of this provision. Based on 2016 data, UNICEF reported that 40 percent of women between ages 20 and 24 were married before age 18, and 14 percent were married before age 15.
The government took several public health measures to prevent the spread of COVID-19, including closing all schools. The closure of schools removed a child marriage safety net from rural students because teachers served as a protection mechanism in early identification of child marriage practices. The closing of schools, coupled with stay-at-home advice, resulted in a surge of child marriages. Between April and May, 249 girls ages eight to 15 were married in Amhara Region. The government strategy to address underage marriage focused on education and mediation rather than punishment of offenders.
Sexual Exploitation of Children: The minimum legal age for consensual sex is 18, but authorities did not enforce this law. The law provides for three to 15 years’ imprisonment for conviction of sexual intercourse with a minor. The law provides for one year in prison and a substantial monetary fine for conviction of trafficking in indecent material displaying sexual intercourse by minors. In February parliament approved Proclamation 1178/2020–A Proclamation to Provide for the Prevention and Suppression of Trafficking in Persons and the Smuggling of Persons, which criminalizes all forms of child sex trafficking. Some families and brothel owners exploited girls from the country’s impoverished rural areas for domestic servitude and commercial sex. There were reports that brothel owners exploited some young girls for commercial sex in Addis Ababa’s central market.
Infanticide or Infanticide of Children with Disabilities: Ritual and superstition-based infanticide, including of infants with disabilities, continued in remote tribal areas, particularly in South Omo. Local governments worked to educate communities against the practice.
Displaced Children: According to a 2010 report of the Ministry of Labor and Social Affairs, approximately 150,000 children lived on the streets; 60,000 of them were in the capital. The ministry’s report stated this was caused by the inability of families to support children due to parental illness or insufficient household income. Research in 2014 by the ministry noted the problem was exacerbated by rapid urbanization, illegal employment brokers, high expectations of better life in cities, and rural-to-urban migration. These children often begged, sometimes as part of a gang, or worked in the informal sector.
The government was concerned by the increasing number of street children in Addis Ababa. The government worked in collaboration with various organizations in rehabilitating needy children. A center for the rehabilitation of street children was donated to the Addis Ababa Labor and Social Affairs Bureau. The center accommodates up to 2,000 children; the beneficiaries receive short-term training, physiological therapy, and vocational training. The government also assisted street children who wanted to pursue an education.
Institutionalized Children: There were an estimated 4.5 million orphans in the country in 2012, which was 4.9 percent of the population, according to statistics published by UNICEF. The vast majority lived with extended family members. Governmental and privately operated orphanages were overcrowded, and conditions were often unsanitary. Institutionalized children did not receive adequate health care.
The Jewish community numbered approximately 2,000 persons. There were no reports of anti-Semitic acts, and the Addis Ababa Jewish community reported it believed it was protected by the government to practice its faith; however, it did face limited societal discrimination.
The constitution does not mandate equal rights for persons with disabilities. Employment law prohibits discrimination against persons with physical and mental disabilities but does not explicitly mention intellectual or sensory disabilities. It was illegal for deaf persons to drive, but the National Association of the Deaf has advocated for the issuance of driver’s licenses for the past 45 years.
The law prohibits employment discrimination based on disability. It also requires employers to provide appropriate working or training conditions and materials to persons with disabilities. The law specifically recognizes the additional burden on women with disabilities.
The government took some measures to enforce these laws, for example by assigning interpreters for deaf and hard-of-hearing civil service employees. The Ministry of Labor and Social Affairs and the Public Servants Administration Commission were responsible for the implementation of employment laws for individuals with disabilities.
The law mandates disability accessibility for buildings, although there are no specific regulations that define these standards. Buildings and toilet facilities were usually not accessible for persons with disabilities. Property owners are required to give persons with disabilities preference for ground-floor apartments, and they generally did so.
According to a report from the UN Population Fund and the Population Council, one in every three girls with disabilities suffered at least one sexual assault. Girls with disabilities also faced systematic and violent abuse at home and in their communities. The report stated many girls with disabilities were blamed for being different and were accused of being under the spell of witchcraft.
Women with disabilities faced more disadvantages in education and employment. According to the 2010 Young Adult Survey by the Population Council, 23 percent of girls with disabilities were in school, compared with 48 percent of girls and 55 percent of boys without disabilities.
Nationally there were several schools for persons with hearing and vision disabilities, and several training centers for children and young persons with intellectual disabilities. There was a network of prosthetic and orthopedic centers in five of the 10 regions.
The law does not restrict the right of persons with disabilities to vote and otherwise participate in civic affairs, although accessibility problems may make participation difficult for persons with more significant disabilities. Most polling stations were accessible to persons with disabilities, and these individuals as well as the elderly, pregnant women, and nursing mothers received priority when voting.
According to the 2007 census, the country had more than 80 ethnic groups, of which the Oromo, at approximately 34 percent of the population, is the largest. An updated census is controversial and was slated for 2019 but was postponed until further notice. The federal system and constitution define political boundaries based on ethnic considerations, but the documents themselves are not drawn along such boundaries. Most political parties were primarily ethnically based, although the ruling party and one of the largest opposition parties were not organized along ethnic lines.
There were several cases of societal violence affecting members of national, racial, or ethnic minorities or groups. In July unidentified gunmen attacked a village in Guba District, Metekel Zone of Benishangul Gumuz Region, killing 14 ethnic Amharans, according to a statement issued by the Amhara Region. An official within Amhara Region reported that six individuals suffered injuries in this “premeditated attack aimed at triggering ethnic conflict.” This conflict was followed on August 6, 7, and 13 by attacks on three different areas in Metekel Zone. The violence included livestock raids, ambushes of travelers on roads, attacks, and robberies of churches, resulting in an estimated 160 deaths. National defense forces were called to restore calm.
On June 30, Oromo youths in Harar and parts of Oromia Region went door-to-door and attacked non-Oromos and destroyed their property following the killing of the prominent Oromo singer and activist Hachalu Hundessa. Most of the violence occurred from June 30 to July 6. The death of Hundessa was followed by violent protests throughout Oromia Region resulting in more than 170 deaths and millions of dollars of property destruction. Federal and regional authorities pursued investigations against 5,728 detainees whom authorities accused of participating in this violence. Police also arrested local officials and security personnel for complicity. (See section 1.a., Respect for the Integrity of the Person–Arbitrary Deprivation of Life.)
As tensions mounted between the national government and the Tigrayan regional government, there were multiple reports of Tigrayan security officials, public officials, and other ethnic Tigrayans who were arrested, detained, or asked to step down or take a leave of absence from their official positions. On November 24 and December 25, the EHRC and the Ethiopian Human Rights Council released assessments describing targeted ethnic killings that began November 9 in Mai-Kadra and surrounding towns. Prior to the November 9 attack, Tigrayan militias and regional security services reportedly asked for the identification documents of Amharans before targeting them. The attack resulted in approximately 600-1,200 deaths, including bodies discovered in mass graves near Abune Aregwai Church, and the destruction of private property.
Consensual same-sex sexual conduct is illegal and conviction is punishable by three to 15 years’ imprisonment. No law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. There were reports of violence against LGBTI individuals; however, reporting was limited due to fear of retribution, discrimination, or stigmatization. There are no hate crime laws or other criminal justice mechanisms to aid in the investigation of abuses against LGBTI individuals. Individuals generally did not identify themselves as LGBTI persons due to severe societal stigma and the illegality of consensual same-sex sexual conduct. Activists in the LGBTI community reported surveillance and feared for their safety. There were no reports of persons incarcerated or prosecuted for engaging in consensual same-sex sexual conduct.
The AIDS Resource Center in Addis Ababa reported the majority of self-identified gay and lesbian callers, most of whom were men, requested assistance in changing their behavior to avoid discrimination. Many gay men reported anxiety, confusion, identity crises, depression, self-ostracism, religious conflict, and suicide attempts.
Societal stigma and discrimination against persons with or affected by HIV or AIDS continued in education, employment, and community integration. Persons with or affected by HIV or AIDS reported difficulty accessing various services. There were no statistics on the scale of the problem.
In April public universities were closed because of COVID-19, however, they were the site of violence fueled by ethnic tensions that severely interrupted learning. A report by the Center for Advancement of Rights and Democracy, a local human rights group, found that 12 students lost their lives and more than 58 were wounded in violence at 28 of the country’s 45 public universities during the previous academic year (September 2019 through March). The report found that the violence frequently took on an ethnic dimension, although the triggering incidents varied and sometimes began with personal fights. In response to the violence, authorities detained 15 students and two administrative staff suspected of the killings. The government also temporarily or permanently suspended three university vice presidents, four professors, and a health officer for involvement in the violence. The report identified the highest incidence of violence at Wollo University in Amhara Region, which experienced three rounds of unrest.
Finland
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape of persons of both sexes, including spousal rape, and the government enforced the law effectively. Rape is punishable by up to six years’ imprisonment. If the offender used violence, the offense is considered aggravated, and the penalty may be more severe. The maximum penalties are six years’ imprisonment for rape and 10 years for aggravated rape. All sexual offenses against adults, except sexual harassment, are subject to public prosecution. Sexual offenses against a defenseless person (such as because of unconsciousness, intoxication or a disability) are considered as severe as rape.
Authorities may prosecute domestic abuse under various criminal laws, including laws prohibiting rape, assault and battery, harassment, and disturbing the peace. The penalty for physical domestic violence ranges from a minimum of six months to a maximum of 10 years in prison.
The current legal definition of rape emphasizes intentional violence, which civil society organizations alleged leads courts to find assailants not guilty in cases where the coercion was less explicit. In addition police must inquire about a party’s willingness to participate in reconciliation, which is usually engaged in before the case proceeds to the prosecutor. Reconciliation may be grounds for the prosecutor not to press charges, but even reconciliation where a mutual agreement has been reached does not prevent the prosecutor from pressing charges.
Violence against women, including spousal abuse, continued to be a problem. The Finnish branch of Amnesty International estimated that more than 100,000 persons experienced violence annually in the country and that 76 percent of the victims were women. According to Amnesty International, only 10 percent of these incidents were reported to authorities and most of those reported did not lead to prosecution. While police are obligated to investigate domestic violence cases, most of the cases are referred to a mediator after which point the police do not closely track the cases. The situation created by the COVID-19 pandemic led to an increase in incidents of domestic violence, and the economic pressures the pandemic placed on the government led to a proposed 33-percent reduction in funding for civil society groups engaged with domestic violence and social health in the most recent government budget proposal. The ombudsman for equality at the Ministry of Justice highlighted problems with access to domestic violence shelters in remote rural areas.
The government funds shelters specifically for victims of domestic violence. The number of shelters increased to 29 from 28 in 2019 and the number of places available in shelters throughout the country increased to 211 from 179 in 2018. The number of clients assisted by shelters increased by 6 percent compared with 2018. The Finnish branch of Amnesty International highlighted the need for additional shelters for victims of intimate partner violence, stating that 550 places were needed to support the number of victims properly and that some rural areas had very few shelters and insufficient space in those shelters. The Human Rights Center, a national human rights institution affiliated with the Office of the Parliamentary Ombudsman, acknowledged the problem.
Female Genital Mutilation/Cutting (FGM/C): FGM/C is treated as aggravated assault under the law and may be punished with imprisonment or deportation. Taking a girl living in the country abroad for FGM/C is also considered a crime. The government generally enforced the law. A school health survey released by the Department of Health and Welfare (THL) in June found that 0.2 percent of girls attending high school or vocational school had undergone FGM/C and that at least 10 girls who answered the questionnaire were mutilated in Finland. The population that most reported having undergone FGM/C were Somali-born residents of the country. THL experts believed that the practice decreased over recent years among the country’s residents.
Sexual Harassment: The law defines sexual harassment as a specific, punishable offense with penalties ranging from fines to up to six months’ imprisonment. Employers who fail to protect employees from workplace harassment are subject to the same penalties. The prosecutor general is responsible for investigating sexual harassment complaints. The government generally enforced the law.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; and to manage their reproductive health. They had access to the information and means to do so, free from discrimination, coercion, or violence. The government provided access to sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides for the same legal status and rights for women as for men. The government enforced the law effectively. The ombudsman for equality at the Ministry of Justice highlighted problems with workplace discrimination against pregnant women.
Birth Registration: A child generally acquires citizenship at birth through one or both parents. A child may also acquire citizenship at birth if the child is born in the country and meets certain other criteria, such as if the parents have refugee status in the country or if the child is not eligible for any other country’s citizenship. A local registration office records all births immediately.
Child Abuse: The law prohibits child abuse, defining children as individuals younger than age 16. Child negligence and physical or psychological violence carry penalties of up to six months in prison and up to two years in prison, respectively. Sexual abuse of a child carries a minimum penalty of four months imprisonment and a maximum of six years. The law defines rape of a minor (younger than 18) as aggravated rape. Rape of a child carries a minimum penalty of two years’ imprisonment and a maximum of 10 years. Aggravated rape of a child carries a minimum penalty of four years imprisonment and a maximum of 12 years.
Child, Early, and Forced Marriage: The minimum age of marriage is 18; the law disallows marriage of individuals under that age. An increase in the number of forced marriages continued. In the first half of the year, the Victims of Trafficking Assistance System reported 23 new cases of forced marriage (no gender breakdown provided). In 2019 the National Assistance System for Victims of Human Trafficking assisted 52 individuals (50 women/girls and two men/boys), more than double the number from 2018, considered to have been subjected to forced marriage. Many of these marriages occurred when the victim was underage.
Sexual Exploitation of Children: The country prohibits the commercial sexual exploitation of children, including child pornography and the sale, offering, or procuring of children for prostitution. The law prohibits purchase of sexual services from minors and covers “grooming” (enticement of a child), including in a virtual environment or through mobile telephone contacts. Authorities enforced the law effectively.
The minimum age for consensual sex is 16. The law regards a person whose age cannot be determined, but who may reasonably be assumed to be younger than 18, as a child.
From January to July, there were 980 reported cases of child exploitation, compared with 1,000 cases during the same period in 2019. In June police passed to prosecutors a case involving a man suspected of multiple counts of aggravated sexual abuse of a child, aggravated child rape, and the possession and dissemination of indecent images of children. All of the more than 30 victims identified as of September were girls between ages eight and 14.
Government statistics and Jewish leaders place the size of the Jewish population between 1,500 and 2,500 individuals, most living in the Helsinki area.
On January 27, International Holocaust Remembrance Day, the neo-Nazi group Towards Freedom! (Kohti Vapautta! in Finnish) claimed to burn an Israeli flag during a rally in Tampere. Police from the Central Finland Police Department subsequently announced that they were considering the flag burning a case of illegal ethnic agitation. On the same day, the synagogue in Turku was defaced with red paint. Police were investigating the incident as a property damage case but have made no arrests. President Sauli Niinisto and other government officials denounced the incidents in official statements.
On January 31, vandals defaced the building housing, inter alia, the Embassy of Israel with stickers of the banned Nordic Resistance Movement (NRM). The same night similar stickers were also placed on the synagogue of Helsinki’s Jewish Congregation. Similar incidents have happened numerous times in the past two years; police made no arrests in these incidents. The government provided funding for the security of the Helsinki synagogue. Representatives of the Jewish community reported feeling under threat and specifically targeted due to their beliefs.
The public broadcaster YLE reported that in April in Hamina, one tombstone was overturned and swastika painted on a second in a cemetery for Jewish officers of the Russian military in the 1800’s. On May 1, in nearby Kotka, a statue of Vladimir Lenin was vandalized with graffiti of the Star of David and the words “Mass murderer.” Police arrested a single suspect for both acts but released him for lack of evidence.
On September 21, the Supreme Court affirmed in a final decision the police’s banning of the NRM. The court found the organization’s activities were contrary to the constitution and laws. After an investigation, the National Bureau of Investigation (NBI) concluded that nine of the NRM’s members appeared in a new group Toward Freedom!. The NRM’s Finnish-language website came back into operation during the year and was still active at year’s end. Public displays of the NRM’s symbol decreased in frequency, although members continued to spray graffiti. These individuals held events in multiple cities and recruited new members for the Towards Freedom! group.
The constitution and law prohibit discrimination against persons with disabilities in all fields, including the provision of government services. The government effectively monitored compliance with these laws and implemented enforcement actions. The parliamentary ombudsman received more than 700 complaints over the government’s handling of the COVID-19 pandemic, many of which concerned access to disability services.
According to civil society groups, municipalities frequently break the law on the provision of disability services and in many cases do not budget enough money to provide such services. Allegedly municipalities routinely provided only the minimum services required by legislation regardless of the actual need for services. Sometimes services were denied, and the person with disabilities was instructed to appeal the decision, since an appeal lengthens the process of granting services. Representatives for the Association of Finnish municipalities claimed that many of these problems were due to labor shortages in municipal government and not due to intentional bias.
An expert from a civil society group asserted that legislation and practices surrounding mentally disabled persons’ labor and daily activities needed comprehensive reform. Conflicts between social welfare legislation and labor legislation created conditions where businesses could employ persons with disabilities for rehabilitative work without pay. The system does not take into consideration that individuals with intellectual disabilities are often capable of full- or part-time wage-labor on the same basis as others. Social welfare legislation defines labor activities as maintaining and improving capabilities, and a municipality may grant tax-free pay of between zero and 12 euros ($14.40) an hour for such activities. If the work requires guidance, it is seen as a daily activity rather than labor, meaning an employee may not receive even food in exchange for hours of work. The Ministry of Social Affairs and Health has acknowledged that too many persons with intellectual disabilities are not paid for their work.
In June parliament passed legislation requiring assisted-living facilities to have 0.7 caretakers per resident. The change will take place incrementally, starting with 0.5 caretakers per resident by October and coming fully into effect by April 2023. The legislative change followed findings that many such facilities were understaffed and unable to assist residents adequately during the night.
The law specifically prohibits discrimination on the basis of origin and nationality. In June the ombudsman for equality reported that 80 percent of respondents with an African background experienced discrimination because of their skin color, 67 percent encountered discrimination or harassment in education, 60 percent encountered discrimination in the workplace, and 27 percent also experienced physical violence. Over one-half of the respondents answering the survey said they had not reported the discrimination to authorities due to their belief that reporting harassment would not accomplish anything.
Roma continued to face discrimination in all social sectors and were often targeted by law enforcement and security officials. The chief inspector of the ombudsman for equality confirmed in June that security officials, including police, have been observed profiling and discriminating against people based on ethnicity. The statement confirmed the key finding of a 2018 study that found that police officers, security guards, border agents, and customs officers targeted minorities due to ethnic background or skin color.
According to the Program for International Student Assessment of the Organization for Economic Cooperation and Development, an immigrant background disproportionally influenced educational results for students. According to a university researcher, students are often placed in Finnish-as-a-second-language classes regardless of their Finnish proficiency if their native language on record is something other than Finnish or if they have a “non-Finnish” name.
The nondiscrimination ombudsman is responsible for responding to complaints of discrimination and regularly mediated between business owners, government agencies, and public service providers regrading treatment of customers and clients. The Ministry of Justice also responds to complaints of discrimination.
The government strongly encouraged tolerance and respect for minority groups, sought to address racial discrimination, and assisted victims.
The constitution provides for the protection of the Sami language and culture, and the government financially supported these efforts. The Sami, who constituted less than 0.1 percent of the population, have full political and civil rights as citizens as well as a measure of autonomy in their civil and administrative affairs. A 21-member Sami parliament (Samediggi), popularly elected by the Sami, is responsible for the group’s language, culture, and matters concerning their status as an indigenous people. It may adopt legally binding resolutions, propose initiatives, and provide policy guidance.
A report issued by the Sami parliament in February found that the linguistic rights of the Sami are not realized in the way intended by the constitution and the Sami Language Law. Deficiencies related to the number of Sami language personnel, accessibility of services, and the fact that, against the provisions of the Sami Language Law, Sami people must still separately invoke their linguistic rights for them to be recognized. Speakers of Inari Sami and Skolt Sami are in the most vulnerable positions, according to the report. In addition, as services are moved online and to centralized service telephone lines, authorities did not take into consideration the possibility of accessing these services in the Sami language. The funds appropriated for Sami language social and health care have not been indexed to inflation since 2004, and there were fears that social and health-care reform could further deplete services. There was also poor availability of Sami language pre-Kindergarten personnel, and the funding of Sami language pre-Kindergarten programs was inadequate.
The ombudsman for gender equality stated that Sami victims of domestic violence were at a disadvantage in accessing public shelters due to the long distances between population centers in the northern part of the country.
Sami objected to plans to develop an Arctic railway running from Helsinki to the northern border, citing the railway’s potential impact on natural resources critical for their livelihoods, including reindeer-herding land and Arctic nature tourism. The proposed railway remained on the zoning map released by the Regional Council of Lapland.
The law prohibits discrimination based on gender identity, gender expression, or sexual orientation in housing, employment, nationality laws, and access to government services, and the government enforced the law.
The law requires that a transgender person present a medical statement affirming the individual’s gender identity and a certificate of infertility before the government may legally recognize their gender identity. In addition to the requirement that an individual submit to sterilization, activists criticized the duration of the legal process, stating it may take up to three years to obtain identity documents with the new gender markers. Trafficking authorities and civil society stated they have no specialized services for transgender victims of trafficking and are unaware of their status among the trafficking-victim population.
While the law prohibits “conversion therapy” in medical settings, it continued to be practiced privately, most commonly in religious associations. The media reported that the Christian organization Journey Finland continued to practice conversion therapy.
On September 11, the NBI arrested two men with links to far-right groups on suspicion of the attempted murder of the Finns Party election manager for Central Finland, Pekka Kataja. Kataja was attacked at his home on July 17 and suffered a fractured skull, cerebral hemorrhage, and broken ribs and fingers, told the press that he suspected far-right involvement in his attack because he had enemies in far-right groups. According to press reports, the detained men, Teemu Torssonen, a Jyvaskyla city council and city board member, and self-proclaimed ethno-nationalist Tero Ala-Tuuhonen, both had links to far-right groups, including the NRM. Kataja said he prevented Torssonen from running as a Finns Party parliamentary candidate in 2019 and in May expelled him from the party because of his extremism. Ala-Tuuhonen was also reportedly a leading figure in the far-right group Soldiers of Odin.
In February, Oulu city councilor Junes Lokka was fined for two counts of ethnic agitation. The city’s district court found that two online videos Lokka had posted in 2016 violated laws on human dignity and religious freedom by depicting Muslims and other immigrants as being inferior to others. One of the videos was a recording of a demonstration in Helsinki featuring anti-immigrant and Islamophobic speech. The second agitation charge was related to another video defaming immigrants and Muslims. Lokka had a previous conviction for ethnic agitation.
In November the Pirkanmaa District Court convicted and fined for ethnic agitation two members of the Finns Party’s youth wing, Toni Jalonen, the former deputy chairman of the Finns Party youth arm, and Johannes Sipola, chairman of the Finns Party’s Lapland chapter during the 2019 European election campaign. During that campaign, they published on Twitter a picture of a dark-skinned family with the text “Vote for the Finns Party so that Finland’s future won’t look like this.” A Facebook post during the same campaign included two figures dressed in black burkas with the accompanying text “Do you want our country to look like this? Don’t stay sleeping. Vote.” The court found that images and text published by the organization constituted incitement to ethnic hatred and were not acceptable as political speech. The tweet led the Ministry of Education and Culture to cancel and move to recover state funding granted to the organization. The youth organization appealed that decision in the administrative courts but filed for bankruptcy in June.
France
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and the government generally enforced the law effectively. The penalty for rape is 15 years’ imprisonment, which may be increased. The government and NGOs provided shelters, counseling, and hotlines for rape survivors.
The law prohibits domestic violence against women and men, including spousal abuse, and the government generally enforced the law effectively. The penalty for domestic violence against either gender varies from three years to 20 years in prison and a substantial fine.
In November 2019 the government’s Interministerial Agency for the Protection of Women against Violence and Combatting Human Trafficking published data showing that in 2018 approximately 213,000 women older than 18 declared they had been victims of physical or sexual violence at the hands of a partner or former partner. The agency reported that, over the same period, 94,000 women declared they had been victims of rape or attempted rape.
In December 2019 the National Observatory of Crime and Criminal Justice, an independent public body, and the National Institute of Statistics and Economic Studies (INSEE) published a joint study showing that the number of persons who considered themselves victims of sexual violence committed by a person who did not live with them declined from 265,000 in 2017 to 185,000 in 2018. In 2017 there was a sharp increase in the number of estimated victims, so despite this decline the 2018 estimate reflected the second-highest level since the organizations began collecting data in 2008.
The government sponsored and funded programs for women victims of violence, including shelters, counseling, hotlines, free mobile phones, and a media campaign. The government also supported the work of 25 associations and NGOs dedicated to addressing domestic violence.
In September 2019 the government launched a national forum (grenelle) on domestic violence and brought together dozens of ministers, judges, police officers, victims’ relatives and feminist groups. Approximately 100 conferences took place across the country from September to November 2019. At the closure of the series of consultations in November 2019, the international day for the prevention of violence against women, then prime minister Philippe announced 43 measures aimed at preventing domestic violence against women, focusing on three areas: education (educating children on gender equality); protection (ensuring the immediate safety of victims and their children); and restriction (preventing further violence from the perpetrators). Among concrete measures announced were the creation of 1,000 new places in shelters for survivors and improved training for those who work with survivors of domestic violence. On November 25, the government reported that among the 43 measures announced, 23 of them had been implemented and that 1,000 places in shelters were available to women who had to get away from their homes.
On October 9, the High Council for Equality issued a report assessing the results of its commission on domestic violence. The high council noted persistent failures in caring for victims and called for a sixth interministerial plan, to include annual assessments of implementation. The report called for funding “at the level of need,” citing the estimated annual, societal cost of domestic violence of 3.6 billion euros ($4.3 billion). The high council issued 44 recommendations to “better protect women” and “put an end to the impunity of attackers.”
On July 21, parliament adopted a bill to protect domestic violence victims that authorizes doctors to waive medical confidentiality and report to police if a patient’s life is in “immediate danger.” The law reinforces harassment penalties and includes a 10-year prison sentence in cases where violence led to a victim’s suicide. The law also makes it possible to suspend parental authority in cases of domestic violence.
Starting on September 25, judges in five courts (Bobigny, Pontoise, Douai, Angouleme, and Aix-en-Provence) may order domestic violence offenders to wear electronic tracking bracelets. A GPS monitor alerts victims and police if known abusers come within a certain distance of their victims. Judges may order GPS trackers for men charged with assault, even if not yet convicted, provided sufficient grounds are met and the suspect accepts. If a suspect refuses, the judge may order prosecutors to open a criminal inquiry. Victims will be given a warning device, and alleged offenders must submit to restraining orders as defined by judges.
The government estimated more than 200,000 women were victims of marital violence each year, with many cases never reported. Official statistics showed that 149 women were killed in domestic violence cases in 2019, up from 121 in 2018. On November 16, the Ministry of Interior reported 142,310 individuals, both men and women, reported being victims of domestic violence in 2019, representing a 16 percent increase from the previous year. Women represented 88 percent of the victims, while men represented 12 percent. Three percent of the crimes reported concerned rape or sexual assault, with women being the victims in 98 percent of cases. On March 26, then interior minister Castaner stated reports of domestic violence across the country had jumped by more than 30 percent since the COVID-19 lockdown began on March 17. The sharp rise in the numbers prompted the government to establish temporary support centers outside supermarkets and provide pharmacists with guidelines to advise domestic abuse victims who sought help. The government agreed to pay for 20,000 overnight stays in hotels and shelters for survivors who left their partners during the lockdown. The feminist collective Nous Toutes reported that, as of September 29, 69 women had been killed by their partners or former partners since the beginning of the year.
On March 16, a Paris court found the State guilty of negligence for police failure to prevent a woman’s former partner from murdering her and ordered payment of 100,000 euros ($120,000) to her family. A woman whose sister and parents were murdered by the sister’s former partner asked a court to find the state responsible for their deaths, again citing failure to protect.
Female Genital Mutilation/Cutting (FGM/C): FGM/C was practiced in the country, particularly within diaspora communities. Various laws prohibit FGM/C and include extraterritorial jurisdiction, allowing authorities to prosecute FGM/C, which is punishable by up to 20 years in prison, even if it is committed outside the country, and up to 30 years if the FGM/C leads to the death of the victim. The government provided reconstructive surgery and counseling for FGM/C victims.
According to the latest statistics available from the Ministry of Gender Equality and the Fight against Discrimination, between 40,000 and 60,000 FGM/C survivors resided in the country. The majority were recent immigrants from sub-Saharan African countries where FGM/C was prevalent and where the procedure was performed. According to the Group against Sexual Mutilation, 350 excisions were performed in the country each year. In June 2019 then junior minister of gender equality and the fight against discrimination, Marlene Schiappa, launched a national action plan to combat FGM/C, focusing on identifying risks, preventing FGM/C, and supporting female victims.
In 2019 the National Public Health Agency estimated the number of victims of FGM/C rose from 62,000 in the early 2000s to 124,355 in the middle 2010s.
On February 6, the International Day of Zero Tolerance for Female Genital Mutilations, then junior minister of gender equality Schiappa announced the allocation of 60,000 euros ($72,000) to implement a key provision of the 2019 national action plan to eradicate FGM/C. The funds were to support initial trials of a system to study the prevalence of FGM/C in France.
Sexual Harassment: The law prohibits gender-based harassment of both men and women in the workplace. Sexual harassment is defined as “subjecting an individual to repeated acts, comments, or any other conduct of a sexual nature that are detrimental to a person’s dignity because of their degrading or humiliating character, thereby creating an intimidating, hostile, or offensive environment.” The government enforced the law.
The law provides for on-the-spot fines for persons who sexually harass others on the street (including wolf whistling), and substantial fines if there are aggravating circumstances. The law covers sexual or sexist comments and behavior that is degrading, humiliating, intimidating, hostile, or offensive and provides for increased sanctions for cyberstalking and prohibits taking pictures or videos under someone’s clothes without consent, which is punishable by up to one year in prison and a substantial fine. On October 13, Junior Minister for Citizenship Schiappa reported that authorities fined 2,005 men for harassing women in public spaces since the introduction of the law in 2018, including 694 during the year.
On May 20, a labor court convicted National Assembly member Stephane Trompille of sexual harassment of his female staffer and ordered him to pay a substantial amount in damages. In its ruling, the court specified that “under the guise of sexist and crude jokes,” Stephane Trompille adopted “conduct detrimental to the health” of the staffer, the only woman on the team, who then suffered “health consequences.”
On May 28, then gender equality minister Marlene Schiappa unveiled a plan to fast-track court proceedings for street sex offenders and a campaign to keep women safe on the streets. The measures are part of a “cat-calling law,” which already allows for on-the-spot fines. The new provisions tighten enforcement for street harassment against women, allowing prosecutors to hear cases immediately. The plan, backed by the UN, allows women who feel in danger “to know where they can find refuge if there are no police officers at hand to take their statement.” Refuge shelters can be bars, restaurants, pharmacies, or any business willing to take part in the program. Women will be able to recognize participating locations by a label displayed outside the business.
On September 24, a young man in Mulhouse received a two-month suspended jail sentence under the fast-track procedure for harassing two women, chastising them for their choice of attire. The man was ordered to perform 75 hours of community service and attend citizenship classes.
According to the latest statistics released by the Interior Ministry in January 2019, reported cases of sexual harassment and sexual violence surged in 2018, with 28,900 complaints registered by police, up 20 percent over the previous year.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health free from discrimination, coercion, and violence and had both the information and means to do so. There was easy access to contraception and skilled attendance during childbirth. The government provided access to sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law prohibits gender-based job discrimination and harassment of subordinates by superiors, but this prohibition does not apply to relationships between peers. The constitution and law provide for the same legal status and rights for women as for men, including under family, religious, personal status, labor, employment, property, nationality, and inheritance laws, access to credit, and owning or managing businesses or property in line with the Department’s commitments under the Women’s Global Development and Prosperity Initiative. The Ministry of Gender Equality, Diversity, the Fight against Discrimination and Equal Opportunities is responsible for protecting the legal rights of women. The constitution and law provide for equal access to professional and social positions, and the government generally enforced the laws.
There was discrimination against women with respect to employment and occupation, and women were underrepresented in most levels of government leadership.
Birth Registration: The law confers nationality to a child born to at least one parent with citizenship or to a child born in the country to stateless parents or to parents whose nationality does not transfer to the child. Parents must register births of children regardless of citizenship within three days at the local city hall. Parents who do not register within this period are subject to legal action.
Child Abuse: There are laws against child abuse, including against rape, sexual assault, corruption of a minor, kidnapping, child pornography, and human trafficking, including both child sex trafficking and labor trafficking. The government actively worked to combat child abuse. Penalties were generally severe.
The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) report found courts rarely applied legislative mechanisms to prioritize children’s safety in custody disputes and thus did not sufficiently incorporate children’s risk of exposure to violence in custody and visitation decisions. The report also found a lack of support and assistance for children who had witnessed violence.
In November 2019 the government presented a three-year plan to end violence against children. The junior secretary for children, Adrien Taquet, presented 22 measures “to end once and for all violence against children.” New measures include 400,000 euros ($480,000) in additional funding for responses to the “child in danger” emergency hotline and strengthened implementation of background checks for those working in contact with children. Of the 22 points, approximately one-third had been implemented before the end of the year and the rest were still in progress.
On June 4, the European Court of Human Rights ruled the state had violated the European Convention on Human Rights by failing to protect an eight-year-old girl from abuse by her parents. She died in 2009 despite teachers repeatedly reporting abuse to authorities and despite the girl spending a month in the hospital due to the abuse. The court ordered the state to pay a token amount of one euro ($1.20) in damages to the association Innocence en Danger that brought the case in addition to a substantial amount in costs.
Child, Early, and Forced Marriage: The minimum legal age for marriage is 18. Early marriage was a problem mainly for communities from the Maghreb, Sub-Saharan Africa, and South Asia. The law provides for the prosecution of forced marriage cases, even when the marriage occurred abroad. Penalties for violations are up to three years’ imprisonment and a substantial fine. Women and girls could seek refuge at shelters if their parents or guardians threatened them with forced marriage. The government offered educational programs to inform young women of their rights.
On September 8, a Nimes court sentenced a father and his partner to 18-month suspended prison sentences for compelling the father’s daughter to leave France and forcing her to get married in Morocco.
Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. The minimum age of consent is 15, and sexual relations with a minor age 15 to 18 are illegal when the adult is in a position of authority over the minor. For rape of a minor younger than 15, the penalty is 20 years’ imprisonment, which may be increased in the event of aggravating circumstances. Other sexual abuse of a minor under 15 is punishable by up to 10 years in prison and a substantial fine. The law provides that underage rape victims may file complaints up to 30 years after they turn 18.
The government enforced these laws effectively but faced criticism from NGOs such as Coup de Pouce, Acting against Child Prostitution, and the French Council of Associations for the Rights of the Child that asserted children cannot provide legal consent regardless of circumstance. On November 20, the government released estimates that 130,000 girls and 35,000 boys annually suffered rape or attempted rape and that 140,000 children were exposed to domestic violence. According to an IPSOS poll released in October 2019 conducted with victims of childhood sexual abuse, the victims’ average age was 10 and 83 percent of victims were girls. Victims filed a lawsuit in only 25 percent of the cases.
On October 5 and 6, police arrested 61 persons for involvement in a vast child pornography network, including at least three individuals who raped children on camera. Several suspects’ professions put them in regular contact with children. They were arrested in coordinated operations in 30 regions across the country, following months of investigation of child pornography shared on peer-to-peer networks online.
The law also criminalizes child sex trafficking with a minimum penalty of 10 years’ imprisonment and a substantial fine. The law prohibits child pornography; the maximum penalty for its use and distribution is five years’ imprisonment and a substantial fine.
Displaced Children: By law unaccompanied migrant children are taken into the care of the country’s child protection system. The defender of rights again assessed that border police summarily returned unaccompanied migrant children attempting to enter from Italy, rather than referring them to the child protection system. In a July 22 decision, the defender of rights issued recommendations to improve the reception and care of unaccompanied minors in Paris, especially through improved coordination.
In an October 5 report, several associations, including Doctors of the World, Amnesty International, Cimade, Doctors without Borders, and Catholic Relief of France (Le Secours-Caritas France), found France failed to protect isolated minors at its borders. The report highlighted dysfunctions observed at the borders with Spain, Italy, and the United Kingdom. The government did not report taking steps to address the 3,000 to 4,000 unaccompanied Comorian minors who were at risk for sex and labor trafficking in the French department of Mayotte by offering them medical, shelter, education, or other protection services. Traffickers exploited the large influx of unaccompanied minors who entered the country in recent years. Roma and unaccompanied minors were at risk for forced begging and forced theft.
NGO and government observers reported numerous anti-Semitic incidents, including physical and verbal assaults on individuals and attacks on synagogues, cemeteries, and memorials, particularly in the Alsace-Lorraine region. The number of anti-Semitic acts increased by 27 percent (687 acts total) in 2019, according to government statistics, while the number of violent attacks against individuals decreased by 44 percent in 2019.
According to the latest statistics released by the Defense Ministry in August, the government deployed 7,000 military personnel throughout the country to patrol sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship. This number could go up to 10,000 personnel at times of high threat. Some Jewish leaders requested the government also provide static armed guards at Jewish places of worship.
Many anti-Semitic threats of violence singled out public spaces and figures. A 38-year-old man was charged for extortion with aggravated circumstances following an August 26 anti-Semitic incident in Strasbourg. A young artist who was hired by the city to decorate a public building was assaulted by a group of individuals for wearing a T-shirt with “Israel” printed on it. After ordering the artist to leave the site, one of the assailants added, “Jews and bitches forbidden” graffiti on the sidewalk. Both the victim and a local Jewish association filed a complaint.
On August 6, a man was attacked by two persons who shouted anti-Semitic insults, stole his watch, and beat him unconscious in the hallway of his parents’ apartment building in Paris. Justice Minister Dupond-Moretti tweeted, “I know the immense emotion that besets the entire Jewish community. It is the emotion of the whole nation and of course mine.” Two men were charged with violent theft motivated by religious reasons and placed in pretrial detention on August 28.
Anti-Semitic vandalism targeted Jewish sites, including Holocaust memorials and cemeteries. On January 5, a Jewish cemetery was vandalized in Bayonne, resulting in damage to several headstones, vaults, and a memorial to a young child deported to Auschwitz during World War II. The cemetery, the oldest of its kind in the country, contained Jewish burial sites dating to the late-17th century. The president of the Bayonne/Biarritz Jewish community condemned the desecrations, noting that “when it comes to attacking the dead, I don’t think there is anything more cowardly.”
On May 18, the hashtag #sijetaitunjuif (If I were a Jew) trended on Twitter France before the company took it down following condemnation by French officials and Jewish and antihate organizations. The hashtag originated with six coordinated, individual users and was then amplified by others who added anti-Semitic smears and references to the Holocaust. Twitter France took the hashtag off its list of trending topics for violating the company’s hate-speech rules.
On August 3, Facebook confirmed it had banned the notorious comedian Dieudonne M’Bala from its platforms for repeatedly violating its policies by posting anti-Semitic comments and for “organized hatred.” Dieudonne was also banned from YouTube in June. He had more than one million followers on Facebook and 36,000 on Instagram before being banned from both platforms. Dieudonne has been convicted multiple times for hate speech, including anti-Semitism. Meanwhile, his loyal followers continued to defend his right to free speech and continued to attend his “shows.” During the COVID-19 second wave, on October 10, he illegally organized a performance before 200-300 persons in Strasbourg.
The constitution and law protect the rights of persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. Adults with disabilities received a 900 euro ($1,080) allowance per month from the government. The government did not always enforce these provisions effectively. According to official statistics, disability affected 12 million citizens.
An estimated 350,000 persons with intellectual or mental disabilities were deprived of the right to vote. The law allows a judge to deny the right to vote to individuals who are assigned guardians to make decisions on their behalf, which mainly affected persons with disabilities.
While the law requires companies with more than 20 workers to hire persons with disabilities, many such companies failed to do so and paid penalties.
The law requires that buildings, education, and employment be accessible to persons with disabilities. According to the latest government estimates available, 40 percent of establishments in the country were accessible. In 2015 parliament extended the deadline for owners to make their buildings and facilities accessible by three to nine years. In 2016 then president Hollande announced that 500,000 public buildings across the country were undergoing major renovation to improve accessibility. The Ministry of Social Affairs and Health (now called the Ministry for Solidarity and Health) reported in 2016 that only 300,000 of one million establishments open to the public were fully accessible. Public transport is not accessible, or is only partially accessible, in Paris and Marseille, the two largest cities in the country.
According to statistics released November 23 by the Education Ministry, in 2019, 408,000 children with disabilities attended schools in the country, a little more than 80,000 in hospitals or medicosocial establishments and nearly 337,800 in “ordinary” schools.
On March 10, the National Agency of Public Health reported that as of 2017, 119,206 persons were identified as autistic in the country, representing 0.18 percent of the population. On the occasion of World Autism Awareness Day on April 2, President Macron announced autistic persons were exempted from COVID-19 lockdown restrictions, enabling them to visit reassuring places to counter anxiety.
Societal violence and discrimination against immigrants of North African origin, Roma, and other ethnic minorities remained a problem. Many observers, including the Defender of Rights and the CNCDH, expressed concern that discriminatory hiring practices in both the public and private sectors deprived minorities from sub-Saharan Africa, the Maghreb, the Middle East, and Asia of equal access to employment.
On June 8, the defender of rights, a constitutionally created, independent civil rights watchdog, reported registering 1,957 complaints against the security forces’ intervention methods in 2019. The defender of rights noted a 29 percent increase in complaints related to the “ethics of security” in 2019 compared with the previous year. While only 10.7 percent of cases investigated revealed a fault by security agents, the defender of rights stated the complaints revealed a “crisis of confidence” in the security forces. In his annual report, the defender of rights also found that individuals in the country perceived as black or Arab were 20 times more likely to be stopped by police than those perceived as white. In addition blacks and Arabs were more likely to be treated with a lack of professionalism by police. According to Jacques Toubon, the defender of rights at the time, the results of the study indicated a “degraded relationship between security forces and [minority] groups.”
In a June 24 report, Policing the Pandemic: Human Rights Violations in the Enforcement of COVID-19 Measures in Europe, Amnesty International asserted that enforcement of COVID-19 lock-down measures in the country had a disproportionate impact on members of racial and ethnic minorities. According to the report, “The COVID-19 pandemic further revealed the heavy policing and the recurrent unlawful use of force in urban areas in France with high rates of poverty and where a large proportion of the population are of North African or other minority ethnic origin.”
On January 26, the Ministry of Interior announced the government registered 1,142 racist and xenophobic hate crimes involving threats or violence in 2019, a 132 percent increase from the number recorded in 2018 with 496 acts. The ministry reported 687 anti-Semitic acts, up 27 percent from 2018. The ministry also registered 154 anti-Muslim acts, up 54 percent from 2018. The Ministry of Justice reported it reviewed 6,603 cases related to racism in 2019 (compared with 6,122 in 2018) and 393 racist offenses were punished with convictions.
Government observers and NGOs, including the French Council for the Muslim Religion and the Collective against Islamophobia, reported a number of anti-Muslim incidents during the year, including slurs against Muslims, attacks on mosques, and physical assaults. The number of registered violent acts of racism against Muslims slightly increased from eight in 2018 to nine in 2019. Over the same period, threats against the Muslim community increased by 65 percent, while total anti-Muslim acts increased by 54 percent, from 100 to 154.
Under the counterterrorism law, prefects have authority to close places of worship “in which statements are made, ideas or theories are disseminated, or activities take place that lead to violence, hatred or discrimination, provoke the commission of acts of terrorism, or make apologies for such acts.” On October 2, President Macron stated that since 2018, the Interior Ministry had closed 15 places of worship in the “fight against radicalization.” In October 2019 the Prime Minister’s Office announced that since November 2017, 370 foreigners flagged for radicalization and living illegally in the country had been deported.
On August 7, the Omar Mosque in Bron, a suburb of Lyon, was set on fire. The president of the regional Council of the Muslim Faith denounced the fire, while regional and religious leaders expressed solidarity with the Muslim community and lamented the country was experiencing “rising hatred.” On August 12, a fire broke out at the Essalam Mosque in the city of Lyon. The mayor of Lyon’s Second Arrondissement, Pierre Oliver, strongly condemned the suspected arson.
Societal hostility against Roma, including Romani migrants from Romania and Bulgaria, continued to be a problem. There were reports of anti-Roma violence by private citizens. Romani individuals, including migrants, experienced discrimination in employment. Government data estimated there were 20,000 Roma in the country.
On June 18, the CNCDH highlighted in its annual report that intolerance of Roma remained particularly stark and had changed little since 2016. The CNCDH 2019 report had called hatred towards Roma the “most commonplace form of racism that arouses the least reprobation.” This form of hatred is “underestimated by the media and in public opinion,” the report went on, which “contributes to maintaining stereotypes” of Roma. Roma and unaccompanied minors in France were at risk for forced begging and forced theft.
Authorities continued to dismantle camps and makeshift homes inhabited by Roma. According to the Observatory for Collective Expulsions from Informal Living Places, authorities evicted persons from 1,159 places between November 2018 and October 31, 2019. Among those expelled, the Observatory identified 15,400 persons “mainly coming from Eastern Europe, (who were) Romani or perceived as such.”
On May 14, the European Court of Human Rights ordered France to pay more than 40,000 euros ($48,000) in compensation to six Roma who were evicted from their caravans on municipal land in La Courneuve in 2013. The court emphasized the litigants belonged to “an underprivileged social group” and that authorities failed to take their particular needs into account. The court ruled that authorities had violated their rights under the European Convention on Human Rights.
On May 25, a Versailles administrative appeals court ruled that separate classes for Romani children in Ris-Orangis denied the children equal access to education. The court rejected the appeal of the municipality of Ris-Orangis and upheld a 2017 ruling that found separate classes for Romani children to be illegal.
Citizens, asylum seekers, and migrants may report cases of discrimination based on national origin and ethnicity to the defender of rights. According to the most recent data available, the office received 5,448 discrimination claims in 2019, 14.5 percent of which concerned discrimination based on ethnic origin.
The government attempted to combat racism and discrimination through programs that promoted public awareness and brought together local officials, police, and citizens. Some public school systems also managed antidiscrimination education programs.
The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, nationality laws, and access to government services. Authorities pursued and punished perpetrators of violence based on sexual orientation or gender identity. The statute of limitations is 12 months for offenses related to sex, sexual orientation, or gender identity.
The government announced April 24 an emergency plan to help LGBTI persons during COVID-19 lock-downs, including authorizing 300,000 euros ($360,000) to fund 6,000 hotel nights for young persons facing homophobic violence at home. Then gender-equality minister Schiappa also confirmed LGBTI individuals could notify police at pharmacies or text a hotline, which was also possible for victims of domestic violence. The government reopened the SOS Homophobia association’s LGBTI hotline, which had been suspended due to technical difficulties. It also funded a mobile application, FLAG!, that was launched on April 24 by the LGBTI police and gendarme association to report acts of violence.
The associations Stop Homophobia and Mousse took legal action against the Lyon daily newspaper Le Progres for “homophobic defamation” following its April 18 publication of an inflammatory article that implied members of the gay community did not respect COVID-19 lock-down rules, accusing them of risky sexual encounters and drug parties.
Homophobic violence and hate speech increased 36 percent in 2019, with 1,870 acts compared to 1,380 in 2018, according to Interior Ministry statistics released May 16. Insults constituted 33 percent of the offenses, while physical and sexual violence made up 28 percent. Victims were mainly men (75 percent) and young persons (62 percent were under 35). The ministry noted “these figures testify to the deep anchoring of homophobia and transphobia in society.” The ministry categorized homophobic hatred within the broader increase in “hate acts and identity extremism.”
On August 31, a couple sitting on a bench in Lyon was attacked and harassed with homophobic comments. The victims notified the police, who arrested two individuals the following day and took them into police custody. The prefecture reacted on social networks stating, “homophobia and hatred have no place in our Republic.”
On September 15, blogger Bassem Braiki appeared before Lyon criminal court for a homophobic Snapchat comment equating suicide with a “cure” for homosexuality. Three advocacy organizations fighting homophobia filed a complaint against him. The prosecutor called for eight months in prison and a substantial fine. On October 20, the court sentenced him to an eight-month suspended prison sentence and to a 2,500 euros ($3,000) fine.
According to a BVA survey of 1,001 individuals conducted in September and published on October 5, approximately 65 percent of the population said they had heard homophobic or transphobic comments in public: 51 percent reported multiple instances, while 31 percent reported witnessing a homosexual or transgender person being insulted. The same poll found that 39 percent of the population believed the way society accepted homosexual, transgender, and transidentity persons had improved over the past three years. Nearly 50 percent of the population believed the state was not sufficiently involved in this area, while 37 percent believed public authorities were doing enough.
On October 14, Junior Minister of Gender Equality Elisabeth Moreno unveiled a three-year national plan to combat hatred and discrimination against LGBTI persons. Moreno told media the plan emphasizes the importance of inclusive education in stamping out homophobia and aims to make members of the LGBTI community “citizens in their own right.” It comprises 42 measures designed to tackle homophobia or transphobia in the home, school, university, work, health care, and sports, and will be “amplified” between now and 2023. The plan also aims to act against conversion therapy, which Moreno stated constitutes “abject and medieval practices”; “we (the country) want to ban them outright.”
Human rights organizations such as Inter-LGBTI criticized the government for continuing to require transgender persons to go to court to obtain legal recognition of their gender identity.
Gambia, The
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide for equality of all persons; no person shall be treated in a discriminatory manner because of race, color, gender, language, religion, political or other opinion, national or social origin, property, birth, or other status. Legal provisions against discrimination do not apply to adoption, marriage, divorce, burial, and inheritance of property. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education.
There were no reports the government failed to enforce the law.
Women
Rape and Domestic Violence: The law criminalizes the rape of individuals–without reference to gender–and domestic violence. The penalty for conviction of rape is life imprisonment. The maximum penalty for conviction of attempted rape is seven years’ imprisonment. Spousal and intimate-partner rape was widespread and not illegal; police officers generally considered it a domestic issue outside of their jurisdiction. Rape and domestic violence were widespread problems that often went unreported due to victims’ fear of reprisal, unequal power relationships, stigma, discrimination, and pressure from family and friends not to report abuses. Conviction of domestic violence carries a sentence of two years’ imprisonment, a substantial monetary fine, or both.
The Ministry of Women’s Affairs, Children, and Social Welfare operates a shelter and cooperates with UN agencies and civil society organizations to address sexual- and gender-based violence. In November a campaign of inclusive events was conducted to address issues of sexual- and gender-based violence in the country. The vice president led a march to raise awareness of the problem and to encourage victims of sexual- and gender-based violence to report abuse in order for perpetrators to be charged and prosecuted.
FGM/C is a deeply rooted practice in society. FGM/C cases are very seldom reported, either because individuals do not agree with the law or because they are uncomfortable reporting family or community members engaged in the practice to authorities. According to UNICEF and NGOs, 76 percent of girls and women between ages 15 and 49 had been subjected to FGM/C. NGOs, including the Gambia Committee on Traditional Practices Affecting the Health of Women and Children, Wassu Gambia Kafo, Safe Hands for Girls, and Think Young Women, were at the forefront of combatting FGM/C in the country.
Sexual Harassment: The law prohibits sexual harassment and stipulates a one-year mandatory prison sentence for conviction. Sexual harassment was prevalent but not commonly reported due to discrimination, social stigma, and unwillingness to challenge the offenders due to unequal power relationships and fear of reprisal.
Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children. They had access to the information and means to do so free from discrimination, coercion, or violence. Abortion is illegal and criminalized, including in cases of rape. According to the UN Population Fund, 41 percent of married or in-union girls and women ages 15 to 49 made their own decisions regarding sexual and reproductive health, including deciding on their health care, the use of contraception, and whether to have sex. According to UNICEF, 88 percent of births were attended by a skilled health-care professional.
The government provides access to sexual and reproductive health services for survivors of sexual violence.
According to the World Health Organization, the country’s maternal mortality rate in 2020 was 597 per 100,000 live births. It identified hemorrhage, anemia, early pregnancy, and obstructed labor as the main causes of maternal mortality. FGM/C negatively impacted reproductive and maternal morbidity.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution and law provide for equality of all persons, including with regard to race, color, language, religion, political or other opinion, national or social origin, and birth. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education. Nevertheless, the law does not provide for the same legal status and rights for women regarding adoption, marriage, divorce, burial, and inheritance of property. During the year there were no reports the government failed to enforce the law effectively.
Birth Registration: Children derive citizenship by birth in the country’s territory or through either parent. Not all parents registered births, but this did not preclude their children from receiving public health and education services. Birth certificates were easily obtained in most cases.
Education: The constitution and law mandate compulsory, tuition-free primary- and lower-secondary-level education. Families often must pay fees for books, uniforms, lunches, school fund contributions, and examination fees. An estimated 75 percent of primary school-age children enrolled in primary schools. Girls comprised approximately one-half of primary school students but only one-third of high school students.
Child,Early, and Forced Marriage: By law children younger than age 18 may not marry; however under customary or sharia, 34.2 percent of girls younger than 18 were married, and 9.5 percent younger than 15 were married. Government sensitization campaigns in several areas of the country, particularly in remote villages, sought to create awareness of the law.
The minimum age for consensual sex is 18. The penalties for conviction of sex trafficking are 50 years’ to life imprisonment and a substantial monetary fine. The law provides for 10 to 14 years’ imprisonment for conviction of commercial sexual exploitation of children, depending on the type of offense, 10 years’ imprisonment for conviction of procurement of a child for prostitution, and five years’ imprisonment for conviction of child pornography.
The constitution prohibits discrimination against or exploitation of persons with disabilities, although it does not stipulate the kinds of disabilities protected, particularly regarding access to health services, education, and employment. There are no explicit legal provisions that require access to transportation, buildings, and information or communications for persons with disabilities.
There are three separate schools for students with visual, hearing, or learning disabilities. Other students with physical disabilities may attend mainstream schools, but there are no programs or facilities to address specific needs. Children with disabilities attended school through secondary education at a lower rate than other children.
Citing more pressing priorities, the president dismissed homosexuality as a nonissue in the country. In 2018 the country’s delegation to the UN Human Rights Council stated the government did not plan to reverse or change the law. Although the law was rarely enforced, on July 1, local media reported that a Senegalese national was arrested in Kotu for engaging in same-sex relations with another adult. He was initially reported to police for stealing a cell phone of a Gambian man with whom he had sexual relations.
The law does not address discrimination against lesbian, gay, bisexual, transgender, and intersex individuals (LGBTI) persons in essential goods and services such as housing, employment, and access to government services such as health care. There was strong societal discrimination against LGBTI individuals.
Although there were no reports to authorities of HIV-related stigma and discrimination in employment, housing, or access to education or health care, it existed. Societal discrimination against persons infected with HIV/AIDS and fear of rejection by partners and relatives sometimes hindered identification and treatment of persons with the disease. The government’s Gambia National Health Strategic Plan 2014-2020 provides for the care, treatment, and support of persons with or affected by HIV/AIDS. The multisectoral plan includes HIV-prevention programs for high-risk populations.
Germany
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape, including spousal rape, of men and women, and provides penalties of up to 15 years in prison. Without a court order, officials may temporarily deny access to their household to those accused of abuse, or they may impose a restraining order. In severe cases of rape and domestic violence, authorities can prosecute individuals for assault or rape and require them to pay damages. Penalties depend on the nature of the case. The government enforced the laws effectively.
In 2018 an off-duty police officer in Berlin raped a 24-year-old woman. The Berlin public prosecutor’s office emphasized that the officer was off-duty and his status had no bearing on the alleged crime. In February the officer was sentenced to six and a half years in prison.
In February a Cologne judge dismissed sexual assault proceedings against a defendant who allegedly grabbed a woman under her skirt in November 2019. The judge argued the alleged assault was minor and took place at the start of the carnival season. A local advocacy group against sexual violence criticized the decision in a public letter and protested in front of the court.
In June Rhineland-Palatinate became the first state to open a contact point for victims of sex-based discrimination and sexual harassment within the state government administration. The contact point is operated by the NGO Pro Familia.
The federal government, the states, and NGOs supported numerous projects to prevent and respond to cases of gender-based violence, including providing victims with greater access to medical care and legal assistance. Approximately 340 women’s shelters offering a total of 6,700 beds operated throughout the country. The NGO Central Information Agency of Autonomous Women’s Homes (ZIF) reported accessibility problems, especially in bigger cities, because women who found refuge in a shelter tended to stay there longer due to a lack of available and affordable housing. ZIF also stated refugee women are particularly vulnerable, since they are required to maintain residence in a single district for three years and many live in districts in which there are no women’s shelters. Multiple NGOs expressed concern the COVID-19 lockdown constrained opportunities for women to escape violent domestic situations. ZIF called for additional government funding to place women and children in hotels if quarantine rendered its shelters inaccessible.
Female Genital Mutilation/Cutting (FGM/C): FGM/C of women and girls is a criminal offense punishable by one to 15 years in prison, even if performed abroad. Authorities can revoke the passports of individuals who they suspect are traveling abroad to subject a girl or woman to FGM/C; however, authorities have not taken this step since the law took effect in 2017. FGM/C affected segments of the immigrant population, in particular those from Eritrea, Iraq, Somalia, Indonesia, Nigeria, and Egypt, and their children born in the country. A working group under the leadership of the Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth worked with other federal government bodies and all 16 states to combat FGM/C. According to a June study by the Federal Ministry for Women and Families, the number of mutilated women and girls has risen from approximately 50,000 in 2017 to approximately 68,000. The ministry estimated approximately 2,800 to 14,900 girls in the country are also at risk of FGM/C. The ministry noted the growing number of cases is likely attributable to increased immigration from countries where FGM is practiced.
Other Harmful Traditional Practices: The law criminalizes “honor killings” as murder and provides penalties that include life in prison. The government enforced the law effectively and financed programs aimed at ending “honor killings.”
In April a trial in Essen against 13 members of an extended Syrian family who attempted an “honor killing” ended with prison terms for eight defendants of up to eight and a half years and three suspended sentences. The defendants beat and stabbed a man in 2018 for having an affair with a married family member.
Sexual Harassment: Sexual harassment of women was a recognized problem and prohibited by law. Penalties include fines and prison sentences of as many as five years. Various disciplinary measures against harassment in the workplace are available, including dismissal of the perpetrator. The law requires employers to protect employees from sexual harassment. The law considers an employer’s failure to take measures to protect employees from sexual harassment to be a breach of contract, and an affected employee has the right to paid leave until the employer rectifies the problem. Unions, churches, government agencies, and NGOs operated a variety of support programs for women who experienced sexual harassment and sponsored seminars and training to prevent it.
Reproductive Rights: Couples and individuals had the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. There are no legal, social, or cultural barriers, nor government policies that adversely affect access to contraception nor to attendance of skilled health personnel during pregnancy and childbirth. The government provided access to sexual and reproductive health services for sexual violence survivors.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Men and women enjoy the same legal status and rights under the constitution, including under family, labor, religious, personal status, property, nationality, and inheritance laws. The government generally enforced the law effectively.
Birth Registration: In most cases individuals derive citizenship from their parents. The law allows individuals to obtain citizenship if they were born in the country and if one parent has been a resident for at least eight years or has had a permanent residence permit for at least three years. Parents or guardians are responsible for registering newborn children. Once government officials receive birth registration applications, they generally process them expeditiously. Parents who fail to register their child’s birth may be subject to a fine.
Child Abuse: There are laws against child abuse. Violence or cruelty towards minors, as well as malicious neglect, are punishable by five months to 10 years in prison. Incidents of child abuse were reported. The Federal Ministry for Family, Seniors, Women, and Youth sponsored a number of programs throughout the year on the prevention of child abuse. The ministry sought to create networks among parents, youth services, schools, pediatricians, and courts and to support existing programs at the state and local level. Other programs provided therapy and support for adult and youth victims of sexual abuse.
Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 years.
Legislation passed in 2017 nullifies existing marriages conducted in other countries in which at least one spouse was younger than age 16 at the time of the wedding, even if they were of legal age in the country where the marriage was performed. Individuals ages 16 or 17 can petition a judge on a case-by-case basis to recognize their foreign marriage if they face a specific hardship from not having their marriage legally recognized. Complete central statistics are unavailable on such cases. Child and forced marriage primarily affected girls of foreign nationality.
Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering, or procuring children for prostitution and practices related to child pornography, and authorities enforced the law. The minimum age for consensual sex is 14 years unless the older partner is older than 18 and is “exploiting a coercive situation” or offering compensation, and the younger partner is younger than 16. It is also illegal for a person who is 21 or older to have sex with a child younger than 16 if the older person “exploits the victim’s lack of capacity for sexual self-determination.”
Crime statistics indicate approximately 43 children became victims of sexual violence daily in 2019. The number of child pornography cases processed by police rose by 65 percent in 2019, to approximately 12,260.
In June police uncovered a child abuse ring in Muenster, NRW. The main suspect was a 27-year-old man suspected of sexually abusing the 10-year-old son of his partner; he also produced pornography of the abuse and sold it online, and offered his foster son to others. As of September there were 11 suspects in custody.
In October 2019 a 43-year-old man was arrested in Bergisch-Gladbach, NRW, for severe child abuse. The case evolved into a large-scale investigation involving 400 police detectives and a network of at least 30,000 suspects. As of August authorities had identified 87 suspects. In the first case to go to trial, a 27-year-old man was sentenced to 10 years in prison for his role in the network. On September 11, the regional court sentenced a man from Krefeld for 13.5 years’ and a man from Viersen to 14.5 years’ imprisonment. The two 39-year-old men were convicted of serious child sexual abuse and of possession and distribution of child pornographic material. Investigations continued.
In January the Bundestag passed a law enabling undercover investigators to use artificially created videos of child sexual abuse to gain entry to internet forums. The government’s Independent Commissioner for Child Sex Abuse Issues offered a sexual abuse help online portal and an anonymous telephone helpline free of charge.
In April, NRW police established a unit in the Ministry of Interior specializing in child sexual abuse investigations. Statewide, police staff in this area quadrupled to approximately 400 police officers.
In July 2019 a parliamentary committee opened an investigation into possible failures and misconduct of the NRW state government in a case of multiple sexual abuse of children at a campground in Luegde. As of November the investigation continued, with sessions scheduled until December 18.
Displaced Children: According to the NGO Federal Association for Unaccompanied Minor Refugees (BumF), 2,689 unaccompanied minors applied for asylum in the country in 2019, approximately half of whom came from three countries: Afghanistan, Guinea, and Syria. BAMF granted some form of asylum to unaccompanied minors in just 56.2 percent of cases, a sharp drop from 94.5 percent in 2016. BumF observed that some unaccompanied minors might have become victims of human trafficking. For more information see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
According to estimates by the NGO Off Road Kids, as many as 2,500 children between the ages of 12 and 18 become at least temporarily homeless every year. Off Road Kids reported most runaways stayed with friends and were not living on the streets. These minors were generally school dropouts who did not receive assistance from the youth welfare office or their parents, and instead used digital networks to find temporary housing with friends and online acquaintances.
Observers estimated the country’s Jewish population to be almost 200,000, of whom an estimated 90 percent were from the former Soviet Union. There were approximately 107,000 registered Jewish community members.
Manifestations of anti-Semitism, including physical and verbal attacks, occurred at public demonstrations, sporting and social events, in schools, in the street, in certain media outlets, and online. Apart from anti-Semitic speech, desecration of cemeteries and Holocaust monuments represented the most widespread anti-Semitic acts. The federal government attributed most anti-Semitic acts to neo-Nazi or other right-wing extremist groups or persons, and such acts increased during the year. Jewish organizations also noted anti-Semitic attitudes and behavior among some Muslim youth and left-wing extremists. NGOs agreed that right-wing extremists were responsible for the majority of anti-Semitic acts but cautioned that federal statistics misattributed many acts committed by Muslims as right-wing.
In 2019 the Federal Ministry of Interior reported 2,032 anti-Semitic crimes, a 13 percent increase from the 1,799 anti-Semitic crimes in 2018. In presenting the data, Federal Interior Minister Horst Seehofer (Christian Socialist Union) postulated that right-wing extremists posed the greatest threat to the country’s democracy. NGOs working to combat anti-Semitism cautioned the number of anti-Semitic attacks officially noted was likely misleading, because a significant number of cases may have been unreported.
The FOPC’s annual report stated the number of violent right-wing anti-Semitic incidents rose from 48 in 2017 to 56 in 2019. The FOPC also identified three anti-Semitic incidents with a religious ideological motivation and five with a foreign ideological motivation. Federal prosecutors brought charges against suspects and maintained permanent security measures around many synagogues.
On July 21, the trial of the gunman who killed two German nationals in Halle and attacked the synagogue outside of which they stood on Yom Kippur in 2019 commenced in Magdeburg, Saxony-Anhalt. Defendant Stephan Baillet testified to being motivated by xenophobia and anti-Semitism in court, repeating anti-Semitic conspiracy theories and calling Muslim refugees in the country “conquerors.” While he reportedly acted alone, far-right online fora played a role in his radicalization. Baillet also released a manifesto online detailing his objective and live-streamed the attack on streaming platform Twitch. As of November the trial of Stephan Baillet was still proceeding.
In December 2019 a Mecklenburg-Western Pomerania court sentenced former special weapons and tactics team (SEK) officer Marko G. to 21 months’ probation for possession of weapons and violations of the War Weapons Control Act. During an April 2019 raid, police found 55,000 rounds of ammunition at G.’s residence, most of which belonged to seven separate German state police forces, the federal police, and the German Armed Forces. G. was the leader of the group Nordkreuz (Northern Cross), which spread anti-Semitic conspiracies and had drawn up plans to take advantage of what they saw as the country’s impending economic collapse to kill prorefugee and other left-wing politicians.
On January 19, a boy found a homemade explosive device near the access area of the Mittelbau-Dora concentration camp memorial site. Due to the proximity to the memorial, the Thuringia State Security service was also involved in the investigation, which continued as of September.
In November 2019 a 19-year-old Jewish man was attacked by a 23-year-old man in a Freiburg gym for wearing a kippah. The attacker insulted him as a “dirty Jew,” spat into his kippah, and threw it in the trash. Only one of several bystanders tried to help. The attacker then left the gym without being stopped by employees. Police identified the attacker a few weeks after the incident. In May a Freiburg district court sentenced the attacker for incitement and defamation to a suspended prison sentence of six months and a monetary fine.
In December 2019 unknown perpetrators knocked down 40 gravestones at the Jewish cemetery in Geilenkirchen, NRW, spraying some with paint. In January more than 1,300 persons demonstrated against the cemetery’s desecration. In July the chief rabbi of Munich, Rabbi Brodman, was attacked by four Muslims who shouted derogatory remarks at him. Police launched a manhunt but did not locate the perpetrators.
From mid-March to mid-June, the Department for Research and Information on Antisemitism registered anti-Semitic incidents at 123 separate demonstrations against restrictions to prevent the spread of COVID-19. Incidents included positive references to Nazis, including comments by protest organizer Attila Hildmann that Adolf Hitler was “a blessing” in comparison to Angela Merkel, and the use of anti-Semitic conspiracy myths, including the assertion that Jews were responsible for unleashing the corona virus.
On June 18, the Bundestag passed the Act on Combating Right-Wing Extremism and Hate Crimes, requiring social networks not only to assess and potentially restrict illegal content, but also to report online hate crimes, including anti-Semitic hate speech, to the Federal Criminal Police. Federal President Steinmeier announced in October he would not sign the bill into law until the government made specific revisions to make it constitutional.
Many prominent government officials repeatedly condemned anti-Semitism throughout the year, including Federal Chancellor Merkel, Federal President Steinmeier, and Foreign Minister Maas. In 2018 the federal government created the position Federal Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism. Since then, 15 of 16 states have also established state-level commissioners to combat anti-Semitism. The positions’ responsibilities vary by state but involve meeting with the Jewish community, collecting statistics on anti-Semitic acts, and designing education and prevention programs. A federal and state-level Commission to Combat Anti-Semitism and Protect Jewish Life including all commissioners was founded in summer 2019 and meets twice a year to coordinate strategies.
The law prohibits discrimination against persons with disabilities. The law makes no specific mention of the rights of persons with sensory or intellectual disabilities, but their rights are considered included under the other headings. NGOs disagreed whether the government effectively enforced these provisions.
Persons with disabilities faced particular difficulties in finding housing.
State officials decide whether children with disabilities may attend mainstream or segregated schools. The law obliges all children to attend school, so those with disabilities do so at the same rate as children without disabilities. In some instances parents or teachers in mainstream schools protested against the inclusion of students with disabilities, primarily because they perceived the schools had insufficient resources and capabilities to address their needs.
In June disability rights NGOs criticized governmental discrimination during the COVID-19 pandemic. The government classified persons with disabilities as a “risk group,” for which stricter protective regulations applied. This included, for example, a prohibition on group travel by persons with disabilities and a requirement for assisted living residents to quarantine for two weeks if they left their facility. NGOs criticized the government’s giving higher priority to more restrictive rules for persons with disabilities over their rights to freedom and self-determination.
The annual FOPC report for 2019 recorded 21,290 politically motivated crimes committed by individuals with right-wing extremist backgrounds, 925 of which were violent–a 15-percent decline from the previous year. Of these, 695 were categorized as xenophobic. The 2019 FADA report detailed a 10 percent annual increase in complaints of racism. In June, Berlin enacted a law making it easier for victims of discrimination to claim damages and compensation. If discrimination is considered “predominantly likely,” authorities must prove there was no discrimination.
In March a Nigerian immigrant appeared at a police station in Essen to report the theft of her purse. She asserted the officers refused to take her charge seriously, insulted her with racial epithets, and ultimately became violent. Several family members of the woman fought with police and were hospitalized for their injuries. Bochum police were investigating the Essen incident, and the investigation continued as of November.
Following the February arrest of a Hamm police officer on suspicion of involvement in a right-wing terror cell, NRW interior minister Reul announced in March all police authorities in NRW would appoint extremism commissioners to collect information on extremist attitudes among police officers.
In February the Villingen-Schwenningen police academy in Baden-Wuerttemberg suspended seven police cadets for having shared racist, anti-Semitic, and misogynistic content through a private WhatsApp chat group. Offenburg prosecutors closed their investigation in March and found the group did not commit a punishable offense, but the police academy and the Baden-Wuerttemberg Interior Ministry stated disciplinary action would proceed and that the cadets would ultimately be dismissed.
In September the NRW Interior Ministry suspended 29 police officers for participating in a right-wing chat group in which they shared extremist propaganda, including photographs of Adolf Hitler and swastikas. The NRW Interior Ministry announced it was conducting criminal investigations and would create a new position specifically to monitor right-wing extremism across the NRW police force.
A spokesperson for the Federal Ministry of the Interior announced June 11 the federal government would investigate possible racist tendencies in its police forces, and the federal Ministries of the Interior and Justice would develop a study on racial profiling. Many persons reported they were targeted by police because of their skin color, and the European Commission against Racism and Intolerance has long reported racial profiling is widespread among German police forces. On July 6, however, a spokesperson for the ministry stated Minister Horst Seehofer saw no need for such a study and it would be canceled. In July and August, 75,000 citizens signed a petition requesting the Bundestag to go forward with the study, which assured the Petitions Committee of the Bundestag would publicly discuss the topic. In October the Ministry of Interior announced it would begin a study on racism in society and an additional study on difficulties and frustration in the everyday life of security officers, including the violence and hatred they sometimes confront. A study by University of Bochum criminologists concluded in November ethnic minorities faced structural discrimination from police.
On February 19, right-wing extremist Tobias Rathjen fired shots at two separate shisha bars in Hanau, Hesse, killing nine persons and injuring several others. The bars were frequented by migrant communities, and most of the victims had migrant backgrounds. Police later found the bodies of the deceased suspect and his mother in his Hanau apartment as well as a pamphlet outlining the suspect’s ideology that included racist language and conspiracy theories. Following the attack, politicians and civil society mourned the victims at events across the country; Federal President Frank-Walter Steinmeier (SPD), Hesse minister president Volker Bouffier (CDU), and Hanau lord mayor Claus Kaminsky (SPD) spoke at an evening vigil in Hanau attended by approximately 5,000 persons. The investigation of the case continued. In response to the attack, Federal Chancellor Merkel announced March 2 the creation of a cabinet committee to fight against right-wing extremism and racism.
In August 2019 a 51-year-old man shot a Nigerian-born German man twice at a community center in Ulm, Baden-Wuerttemberg, injuring the victim’s shoulder. In May an Ulm district court sentenced the attacker to a suspended 15-month prison term, saying he had acted out of racist motivation. According to the victim, the attacker had shouted “El Paso, Texas” (in reference to the mass shooting that had occurred there the same day).
On August 1, 12 right-wing extremists, first verbally and then physically attacked three Guineans in Erfurt, Thuringia. Two men were injured, one of them seriously. Police arrested 12 suspects but released them the next day, arguing they did not present flight risks. Thuringia’s minister of the interior Maier criticized this as a catastrophe for the victims and residents alike. As of September the Thuringian State Criminal Police Office and the Erfurt Public Prosecutor’s Office were still investigating.
The Association of Counseling Centers for Right-wing, Racist, and Anti-Semitic Violence (VBRG) announced in early May it had documented more than 130 cases of racist attacks on persons with Asian backgrounds in relation to the COVID-19 pandemic. According to the VBRG, the actual number of attacks–which included verbal abuse, spitting, and spraying with disinfectant–was likely much higher.
Persons of foreign origin sometimes faced difficulties with finding housing. FADA reported cases of landlords denying rental apartments to persons not of ethnic-German origin, particularly of Turkish and African origin.
Harassment of members of racial minorities, such as Roma and Sinti, remained a problem throughout the country. In May 2019 a burning torch was thrown at a vehicle in which a Romani family slept with their nine-month-old baby in Erbach, Baden-Wuerttemberg. In July 2019 police arrested five Germans ages 17 to 20 in connection with the crime, and in September they were facing trial. One of them admitted to throwing a torch but denied intending to kill the persons inside the trailer. The defendants were released from custody in May when attempted murder charges were dropped. The court was still investigating whether the attack was motivated by racism or anti-Romani sentiments.
In May a 25-year-old German with Turkish roots was arrested for four attacks on Turkish shops in Waldkraiburg, Bavaria in April and May, which injured several persons. He said he was motivated by “hatred of Turks” and claimed to be an admirer of the Islamic State. The defendant claimed to have planned attacks on mosques and the Turkish Consulate in Munich.
The law prohibits discrimination based on sexual orientation and gender identity. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists criticized the requirement that transgender persons be diagnosed as “mentally ill” in order to obtain legal gender recognition.
In October police arrested a 20-year-old Syrian refugee and known Islamist for attacking a homosexual couple in Dresden with a knife, fatally injuring one of them. The state Ministry of the Interior and Federal Prosecutor’s Office in Saxony rejected a homophobic motive, focusing instead on the crime’s radical Islamist background. LGBTI advocacy groups decried this as “unacceptable” and “disturbing.”
In November multiple individuals attacked a 20-year-old LGBTI individual in Frankfurt a week after he spoke in a YouTube video about queer topics and hostility toward the LGBTI community. Police made several arrests, but the initial police report did not mention a homophobic motive. Police confirmed several days later they would investigate whether the individual’s sexual orientation played a role in the attack.
On May 7, the Bundestag passed a bill making it an offense punishable by up to a year in prison to offer, advertise, or arrange treatments to convert homosexual or transgender minors by means of “conversion therapy.” Penalties are also possible if persons of legal age have been coerced to undergo such “therapy.”
In August a Kassel district court found Kassel University biology professor Ulrich Kutschera guilty of defamation and fined him. In a 2017 interview, Kutschera had alleged that sexual abuse of children was likelier to occur among same-sex parents and called same-sex couples “asexual erotic duos without reproduction potential.” Following the interview, 17 individuals filed charges against Kutschera. The prosecution had also pressed charges for incitement, but the judge acquitted the defendant on that count.
In July a Mecklenburg-Western Pomerania court sentenced a 32-year-old right-wing extremist to a five-month probation for hurling a bottle at the chair of the Neubrandenburg LGBTI group “queerNB” in December 2019.
In September a study by the German Institute for Economic Research and the University of Bielefeld found 30 percent of homosexuals and 40 percent of transgender persons faced discrimination in the workplace. Sexual harassment and workplace bullying were also commonplace, which led one-third of homosexuals to hide their sexuality from their colleagues.
The NGO German AIDS Foundation reported that societal discrimination against persons with HIV/AIDS ranged from isolation and negative comments from acquaintances, family, and friends to bullying at work. A domestic AIDS service NGO continued to criticize authorities in Bavaria for continuing mandatory HIV testing of asylum seekers.
The Federal Ministry of the Interior announced September 1 it had appointed a panel of 12 experts to develop strategies to identify, combat, and prevent hostility towards Muslims. The panel included experts from academia and civil society and was tasked with presenting a final report in two years.
In March the Fatih Mosque in Bremen received an envelope containing a powder-like substance alongside a letter with right-wing extremist content. The powder turned out to be harmless. As of September, Bremen police had not identified any suspects, nor had they made any progress on solving separate attacks on the mosque in 2017 and 2018.
On two separate occasions in July, unknown suspects left severed pig heads in front of the Islamic Cultural Center in Greifswald, Mecklenburg-Western Pomerania. Police were investigating as of September.
A 34-year-old Iraqi of Yezidi origin confessed in September 2019 to desecrating 50 copies of the Quran by throwing them into toilets, as well as to a similar incident in Schleswig-Holstein where he resides.
Ghana
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape of women but not spousal rape. Sexual assault on a man may be charged as indecent assault. Prison sentences for those convicted of rape range from five to 25 years, while indecent assault is a misdemeanor subject to a minimum term of imprisonment of six months. Domestic violence is punishable by a fine or a sentence of up to two years imprisonment. Rape and domestic violence remained serious problems. Authorities did not enforce the law effectively.
In November the parent-teacher association of a school in the Volta Region reported to the police and petitioned the Ghana Education Service to investigate allegations of rape and sexual assault against the head teacher. The teacher allegedly tried to convince a pregnant student to have sex with him and threatened and raped her. Media reported the man made sexual advances on six other girls.
The Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service worked closely with the Department of Social Welfare, the Domestic Violence Secretariat, the CHRAJ, the Legal Aid Commission, the Ark Foundation, UNICEF, the UN Population Fund, the national chapter of the International Federation of Women Lawyers, and several other human rights NGOs to address rape and domestic violence. Inadequate logistical capacity in the DOVVSU and other agencies, however, including the absence of private rooms to speak with victims, hindered the full application of the law. Pervasive cultural beliefs in female roles, as well as sociocultural norms and stereotypes, posed additional challenges to combatting domestic violence. For example, media reported that the central regional coordinator for DOVVSU stated that “denying your spouse sex amounted to emotional abuse” and suggested that men whose wives denied them sex could report them to the DOVVSU.
Unless specifically called upon by the DOVVSU, police seldom intervened in cases of domestic violence, in part due to a lack of counseling skills and shelter facilities to assist victims. Few of the cases in which police identified and arrested suspects for rape or domestic abuse reached court or resulted in conviction due to witness unavailability, inadequate training on investigatory techniques, police prosecutor case mismanagement, and, according to the DOVVSU, lack of resources on the part of victims and their families to pursue cases. Police could refer victims to one NGO-operated designated shelter. In cases deemed less severe, victims were returned to their homes; otherwise, the DOVVSU contacted NGOs to identify temporary shelters. Authorities reported officers occasionally had no alternative but to shelter victims in the officers’ own residences until other arrangements could be made.
The DOVVSU continued to teach a course on domestic violence case management for police officers assigned to the unit. It had one clinical psychologist to assist domestic violence victims. The DOVVSU tried to reach the public through various social media accounts. The DOVVSU also addressed rape through public education efforts on radio and in communities, participation in efforts to prevent child marriage and sexual and gender-based violence, expansion of its online data management system to select police divisional headquarters, and data management training.
Female Genital Mutilation/Cutting (FGM/C): Several laws include provisions prohibiting FGM/C. Although rarely performed on adult women, the practice remained a serious problem for girls younger than age 18 in some regions. According to the Ministry of Gender, Children, and Social Protection, FGM/C was significantly higher in the Upper East Region with a prevalence rate of 27.8 percent, compared with the national rate of 3.8 percent. According to the 2017 to 2018 Multiple Indicator Cluster Survey (MICS), women in rural areas were subjected to FGM/C three times more often than women in urban areas (3.6 percent compared with 1.2 percent). Intervention programs were partially successful in reducing the prevalence of FGM/C, particularly in the northern regions.
Other Harmful Traditional Practices: The constitution prohibits practices that dehumanize or are injurious to the physical and mental well-being of a person. Media reported several killings and attempted killings for ritual purposes. In the Northern, North East, Upper East, and Upper West Regions, families or traditional authorities banished rural women and men suspected of “witchcraft” to “witch camps.” According to a local group, there were six witch camps throughout the country, holding approximately 2,000 to 2,500 adult women and 1,000 to 1,200 children. One camp saw its numbers go down significantly due to education, support, and reintegration services provided by the Presbyterian Church. The Ministry of Gender, Children, and Social Protection has the mandate to monitor witch camps but did not do so effectively.
Most of those accused of witchcraft were older women, often widows. Some persons suspected to be witches were killed. In July several individuals beat to death a woman age 90 suspected of witchcraft in Kafaba, in Savannah Region. Government officials denounced the killing, and police arrested and charged five individuals for murder.
The law criminalizes harmful mourning rites, but such rites continued, and authorities did not prosecute any perpetrators. In the north, especially in the Upper West and Upper East Regions, some widows were required to undergo certain rites to mourn or show devotion for the deceased spouse. The most prevalent widowhood rites included a one-year period of mourning, tying ropes and padlocks around the widow’s waist or neck, forced sitting by the deceased spouse until burial, solitary confinement, forced starvation, shaving the widow’s head, and smearing clay on the widow’s body. In the Northern and Volta Regions along the border with Togo, wife inheritance, the practice of forcing a widow to marry a male relative of her deceased husband, continued.
Sexual Harassment: No law specifically prohibits sexual harassment, although authorities prosecuted some sexual harassment cases under provisions of the criminal code.
Reproductive Rights: Couples and individuals have the right to decide freely the number, spacing, and timing of their children. All individuals have the right to manage their reproductive health, free from discrimination, coercion, or violence, but often lacked the information to do so. Some religious groups opposed what they termed “artificial” contraception. The government provided for sexual and reproductive health services for survivors of sexual violence through the National Health Insurance Scheme.
In 2017 the maternal mortality rate was 308 per 100,000 live births, according to the UN Trends in Maternal Mortality report. A lack of skilled birth attendance, especially in rural areas, was a major contributing factor. According to the UN Population Fund, the contraceptive prevalence rate was 27 percent for women ages 15 to 49.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government officials.
Discrimination: The constitution and law provide for the same legal status and rights for women as for men under family, labor, property, nationality, and inheritance laws. While the government generally made efforts to enforce the law, predominantly male tribal leaders and chiefs are empowered to regulate land access and usage within their tribal areas. Within these areas women were less likely than men to receive access rights to large plots of fertile land. Widows often faced expulsion from their homes by their deceased husband’s relatives, and they often lacked the awareness or means to defend property rights in court.
Birth Registration: Citizenship is derived by birth in the country or outside if either of the child’s parents or one grandparent is a citizen. Children unregistered at birth or without identification documents may be excluded from accessing education, health care, and social security. Although having a birth certificate is required to enroll in school, authorities indicated children would not be denied access to education on the basis of documentation. According to the MICS, birth registration increased with levels of education and wealth and was more prevalent in urban centers than in rural areas. Authorities adjudicated birth registrations in a nondiscriminatory manner.
Education: The constitution provides for tuition-free, compulsory, and universal basic education for all children from kindergarten through junior high school. The government continued to implement its plan to provide tuition-free enrollment in senior high school, including by rolling out a “double-track” system that helped increase enrollment from 800,000 in the 2016-17 school year to 1.2 million in the 2019-20 school year.
Girls in the northern regions and rural areas throughout the country were less likely to continue and complete their education due to the weak quality of educational services, inability to pay expenses related to schooling, prioritization of boys’ education over girls’, security problems related to distance between home and school, lack of dormitory facilities, and inadequate sanitation and hygiene facilities. In March the government shut down all schools due to the COVID-19 pandemic and reopened some school grades in September.
Child Abuse: The law prohibits sex with a child younger than age 16 with or without consent and sexual abuse of minors. There continued to be reports of male teachers sexually assaulting and harassing both female and male students. Physical abuse and corporal punishment of children were concerns. Local social workers rarely were able to respond effectively to and monitor cases of child abuse and neglect. Media reported several cases of child abuse.
Child, Early, and Forced Marriage: The minimum legal age for marriage for both sexes is 18. The law makes forcing a child to marry punishable by a fine, one year’s imprisonment, or both. Early and forced child marriage, while illegal, remained a problem, with 34 percent of girls living in the five northern regions of the country marrying before the age of 18. According to the MICS, child marriage was highest in the Northern, North East, Upper East, Savannah, and Volta Regions; it was lowest in the Greater Accra, Ashanti, and Ahafo Regions.
The Child Marriage Unit of the Domestic Violence Secretariat of the Ministry of Gender, Children, and Social Protection continued to lead governmental efforts to combat child marriage. The ministry launched the first National Strategic Framework on Ending Child Marriage in Ghana (2017-26). The framework prioritized interventions focused on strengthening government capacity to address neglect and abuse of children, girls’ education, adolescent health, and girls’ empowerment through skills development. The National Advisory Committee to End Child Marriage and the National Stakeholders Forum, with participation from key government and civil society participants, provided strategic guidance and supported information sharing and learning on child marriage among partners in the country. The Child Marriage Unit also created a manual with fact sheets and frequently asked questions, and maintained social media accounts to reach wider audiences.
Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, although it does not specifically mention sale or offering or procurement of children for prostitution. Authorities did not effectively enforce the law. The minimum age for consensual sex is 16, and participating in sexual activities with anyone younger than 16 is punishable by imprisonment for seven to 25 years. The law criminalizes the use of a computer to publish, produce, procure, or possess child pornography, punishable by imprisonment for up to 10 years, a substantial fine, or both.
Infanticide orInfanticide of Children with Disabilities: The law bans infanticide, but several NGOs reported that communities in the Upper East Region kill “spirit children” born with physical disabilities who are suspected of being possessed by evil spirits. Local and traditional government entities cooperated with NGOs to raise public awareness concerning causes and treatments for disabilities and to rescue children at risk of ritual killing. Authorities enforced governing prohibitions on infanticide.
Displaced Children: The migration of children to urban areas continued due to economic hardship in rural areas. Children often had to support themselves to survive, contributing to both child sexual exploitation and the school dropout rate. Girls were among the most vulnerable to commercial sexual exploitation while living on the streets.
The law explicitly prohibits discrimination against persons with disabilities and protects the rights of persons with disabilities’ access to health services, information, communications, transportation, the judicial system, and other state services, but the government did not effectively enforce the law. The law provides that persons with disabilities have access to public spaces with “appropriate facilities that make the place accessible to and available for use by a person with disability,” but inaccessibility to schools and public buildings continued to be a problem. Some children with disabilities attended specialized schools that focused on their needs. Few adults with disabilities had employment opportunities in the formal sector.
In January 2019 the Ghana Federation of Disability Organizations reported that women with disabilities faced multifaceted discrimination in areas of reproductive health care, and because of the mistreatment, they were unwilling in most cases to visit a health facility for medical care.
Persons with both mental and physical disabilities, including children, were frequently subjected to abuse and intolerance. Authorities did not regularly investigate and punish violence and abuses against persons with disabilities. Children with disabilities who lived at home were sometimes tied to trees or under market stalls and were caned regularly; families reportedly killed some of them.
The Ghana Education Service, through its Special Education Unit, supported education for children who are deaf or hard of hearing or have vision disabilities through 14 national schools for deaf and blind students, in addition to one private school for them.
Thousands of persons with mental disabilities, including children as young as seven, were sent to spiritual healing centers known as “prayer camps,” where mental disability was often considered a “demonic affliction.” Some residents were chained for weeks in these environments, denied food for days, and physically assaulted. Officials took few steps to implement the law that provides for monitoring of prayer camps and bars involuntary or forced treatment. International donor funding helped support office space and some operations of the Mental Health Authority.
Municipal authorities closed more than 100 shops owned or operated by Nigerian nationals in the Ashanti Region over several months, for violation of municipal or commercial regulations prohibiting noncitizens from operating certain types of shops. Various Nigerian commercial organizations and the Nigerian government complained of these closures as mistreatment of their members and citizens and abuse of their rights as participants in the Economic Community of West African States.
The law does not prohibit discrimination based on sexual orientation and gender identity. The law criminalizes the act of “unnatural carnal knowledge,” which is defined as “sexual intercourse with a person in an unnatural manner or with an animal.” The offense covers only persons engaged in same-sex male relationships and those in heterosexual relationships. There were no reports of adults prosecuted or convicted for consensual same-sex sexual conduct.
Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced widespread discrimination in education and employment. Following his visit to the country in 2018, UN Special Rapporteur Alston noted that stigma and discrimination against LGBTI persons made it difficult for them to find work and become productive members of the community. According to a 2018 survey, approximately 60 percent of citizens “strongly disagree” or “disagree” that LGBTI persons deserve equal treatment with heterosexuals.
LGBTI persons also faced police harassment and extortion attempts. There were reports police were reluctant to investigate claims of assault or violence against LGBTI persons. While there were no reported cases of police or government violence against LGBTI persons, stigma, intimidation, and the negative attitude of police toward LGBTI persons were factors in preventing victims from reporting incidents of abuse. Gay men in prison were vulnerable to sexual and other physical abuse.
Some activists reported that police attitudes were slowly changing, with community members feeling more comfortable with certain police officers to whom they could turn for assistance, such as the IGP-appointed uniformed liaison officers. Activists also cited improved CHRAJ-supported activities, such as awareness raising via social media. As one example, the CHRAJ published announcements on an LGBTI dating site regarding citizen rights and proper channels to report abuses. Activists also stated they noted fewer discriminatory statements from public figures.
A coalition of LGBTI-led organizations from throughout the country, officially registered in 2018, continued to hold meetings. Its objectives included building members’ capacity, assisting with their access to resources and technical support, and fostering networking. Activists working to promote LGBTI rights noted great difficulty in engaging officials on LGBTI problems because of social and political sensitivity. Media coverage regarding homosexuality and related topics was almost always negative.
LGBTI activists reported that in June, one LGBTI individual was severely beaten in Kasoa in the Central Region. Although police arrested the perpetrator, they requested money from the victim to pursue prosecution, and the victim eventually dropped the case.
LGBTI activists also reported attempts to blackmail LGBTI individuals were widespread and that it remained difficult to attain prosecution due to discrimination. For example, in October a gay man reported to police his landlord’s collaboration with a blackmailer. The police sided with the landlord, forced the victim to unlock his mobile phone, “outed” the victim to his family, and forced the victim’s family to pay money to the landlord.
Discrimination against persons with HIV and AIDS remained a problem. Fear of stigma surrounding the disease, as well as a fear that men getting tested would immediately be labeled as gay, continued to discourage persons from getting tested for HIV infection, and many of those who tested positive from seeking timely care. HIV-positive persons faced discrimination in employment and often were forced to leave their jobs or houses. The government and NGOs subsidized many centers that provided free HIV testing and treatment for citizens, although high patient volume and the physical layout of many clinics often made it difficult for the centers to respect confidentiality.
The law penalizes discrimination against a person infected with or affected by HIV or AIDS by substantial fines, imprisonment for 18 months to three years, or both. The law contains provisions that protect and promote the rights and freedoms of persons with HIV or AIDS and those suspected of having HIV or AIDS, including the right to health, education, insurance benefits, employment, privacy and confidentiality, nondisclosure of their HIV/AIDS status without consent, and the right to hold a public or political office.
The Ghana AIDS Commission continued to raise concerns regarding how high levels of stigma and discrimination contributed to the spread of HIV/AIDS in the country.
Chieftaincy disputes, which frequently resulted from lack of a clear chain of succession, competing claims over land and other natural resources, and internal rivalries and feuds, continued to result in deaths, injuries, and destruction of property. According to the West Africa Center for Counter Extremism, chieftaincy disputes and ethnic violence were the largest sources of insecurity and instability in the country. The government generally sought to dampen down violence and encourage dialogue and peaceful resolution of disputes.
Disputes continued among Fulani herdsmen as well as between herdsmen and landowners that at times led to violence. In a conflict between herdsmen in July, a man cut off the hand of a rival who intervened in a dispute.
There were frequent reports of killings of suspected criminals in mob violence. Community members often saw such vigilantism as justified in light of the difficulties and constraints facing judicial and police sectors. There were multiple reports police failed to prevent and respond to societal violence, in particular incidents of “mob justice.”
Greece
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Under a law that took effect in 2019, rape, including spousal rape, is a crime punishable by 10 years’ up to life imprisonment in cases with multiple perpetrators or if the rape results in the victim’s death. The previous limit was five to 20 years. Attempted sexual intercourse without consent is punishable by up to 10 years in prison. Charges may be pressed ex officio, without the need of a complaint. If the victim does not wish to seek prosecution, the prosecutor may decide to drop charges. The law applies equally to all survivors, regardless of gender.
In 2019 media reported research showing that only 200 of an estimated average of 4,500 rape incidents per year were officially reported (approximately one out of 22). On May 5, media reported statistics from the Secretariat General for Family Planning and Gender Equality indicating an increase in violent incidents, including domestic violence, during the general lockdown in March and in April for COVID-19. The secretariat’s hotline received 1,070 calls reporting violent incidents in April, of which 648 referred to domestic violence, compared with 325 and 166, respectively, in March. Seven out of 10 incidents were reported by the victims themselves, mostly spouses and life partners (61 percent), children (10 percent), ex-spouses and former life partners (8 percent), and parents and siblings (9 percent). The data prompted the secretariat to conduct a wide campaign, involving television, internet and radio spots, to inform victims of domestic violence about their available options to escape from abusive behavior. Experts from the secretariat’s counselling services noted in parliament during September sessions of the special interparliamentary committee on gender equality that victims were reluctant to file complaints during the lockdown but after restrictions were lifted, complaints tripled and sometimes quadrupled.
On November 25, a survey ordered by the Ministry of Citizen Protection and its official think tank, the Center for Security Research, showed that more than three out of 10 women were abused during the spring lockdown. The survey, conducted from July to October, collected responses from 750 women. Of respondents, 36 percent reported suffering an abuse, with most of the victims being women ages 38 to 39, married, and with an average of two children. Eight in 10 of the perpetrators were men with a median age of 45, and four in 10 were college graduates, worked at full-time jobs, and had no history of violence.
Penalties for domestic violence range from one to three years’ imprisonment, depending on the severity of the violence. The previous range was two to 10 years. The court may impose longer prison sentences for crimes against pregnant or minor victims. Authorities generally enforced the law effectively when the violence was reported; however, some NGOs and international organizations criticized law enforcement in migrant sites for not responding appropriately to victims reporting domestic violence. Experts estimated only 10 percent of rape and domestic violence cases reached the courtroom, noting that despite an adequate legislative framework, judges’ personal biases and social norms that blame the victim were major obstacles. In 2019 police recorded 229 reported rape incidents, 62 of which were attempted rapes. Police reported identifying the perpetrators in 161 cases of rape and attempted rape. The number of identified perpetrators was 227.
The government and NGOs made medical, psychological, social, and legal support available to rape survivors.
Two popular television hosts were suspended for five days and fined 150,000 euros ($180,000) in January for comments they made in November 2019 making light of an incident in which a woman said a man sexually assaulted her in a public space at Aristotle University in Thessaloniki.
Female Genital Mutilation/Cutting (FGM/C): The law requires mandatory prison sentences for persons who coerce or force female individuals to undergo genital mutilation.
Despite anecdotal reports that migrant and refugee women residing in the country underwent FGM/C prior to their arrival in Greece, there was no evidence FGM/C was practiced in the country. In 2019 the European Institute for Gender Equality issued a study estimating that 25 to 42 percent of migrant and refugee girls living in the country but originating from states in which FGM/C is practiced were at risk of FGM/C.
Sexual Harassment: Under the new penal code, enforced since 2019, penalties may be as high as three years in prison for sexual harassment, with longer terms applied to perpetrators who take advantage of their position of authority or the victim’s need for employment. The previous penalty ranged from two months to five years. On November 24, NGO ActionAid reported that 85 percent of women in Greece were subjected to sexual harassment. The research took place from July to September based on a sample of 1,001 women from across the country and an additional 376 women working in tourism and catering. Based on the same research, only 6 percent officially denounced these incidents. In his 2019 annual report, the ombudsman reported his office received 335 complaints pertinent to gender equality, without specifying how many were related to sexual harassment, noting, however, that complaints on gender equality grounds were among the highest in numbers for calendar year 2019 (335 of 16,976). This trend was also reflected in the ombudsman’s special report on nondiscrimination and equal treatment for 2019. Of the 1,176 complaints received in 2019, 44 percent cited discrimination on gender equality grounds. In these reports, as well as in previous years, the ombudsman noted the absence of a policy against sexual harassment in most private and public workplaces, oftentimes combined with inadequate investigation of reported incidents.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and to manage their reproductive health with access to the information and the means to do so, free from discrimination, coercion, and violence. Some pregnant women and new mothers, particularly those residing in the five reception and identification centers for asylum seekers on the North Aegean islands during the COVID-19 pandemic, reportedly faced obstacles in accessing proper health care. There were no legal, social, and cultural barriers to access to contraceptives. The government provided access to sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution provides for the same legal status between women and men. The government effectively enforced the laws promoting gender equality, although discrimination occurred, especially in the private sector. Muslim minority persons in Thrace can request the use of sharia with notarized consent of both parties (see section 6, National/Racial/Ethnic Minority Groups).
Legislation passed in 2019 established a National Council on Gender Equality and created a certification for companies that comply with maternity leave laws, provide equal pay for male and female employees, and demonstrate gender equality in managerial posts.
A widespread perception still exists among private businesses that a pregnant employee is a burden, according to the 2019 annual antidiscrimination report from the ombudsman.
Birth Registration: Citizenship is derived from one’s parents at birth; a single parent may confer citizenship on a child. Parents are obliged to register their children within 10 days of birth. The law allows delayed birth registration but imposes a fine in such cases. On February 3, the government passed legislation allowing the birth registration process to be completed electronically to increase transparency and facilitate the cross-checking of documents and data.
Child Abuse: Violence against children, particularly migrant, refugee, street, and Romani children, remained a problem. From January through October, the NGO Smile of the Child reported 1,019 serious cases of abuse related to 1,813 children through its helpline SOS 1056. The law prohibits corporal punishment and the mistreatment of children, but government enforcement was generally ineffective. Welfare laws provide for treatment and prevention programs for abused and neglected children in addition to foster care or accommodation in shelters. Government-run institutions were understaffed, however, and NGOs reported insufficient space, including for unaccompanied minors who by law are entitled to special protection and should be housed in special shelters.
Child, Early, and Forced Marriage: The legal age for marriage is 18, although minors ages 16 and 17 may marry with authorization from a prosecutor. While official statistics were unavailable, NGOs reported illegal child marriage was common in Romani communities, with Romani girls often marrying between the ages of 15 and 17, or even younger, and male Roma often marrying between the ages of 15 and 20.
Sexual Exploitation of Children: The legal age of consent is 15. The law criminalizes sex with children younger than 15. The law prohibits the commercial sexual exploitation of children and child pornography and imposes penalties if the crime was committed using technology in the country. Authorities generally enforced the law. In 2019 police arrested 27 individuals on child pornography charges.
Displaced Children: According to National Center for Social Solidarity data, approximately 4,190 refugee and migrant unaccompanied and separated children resided in the country as of October 15. Only 2,659 of these children resided in age-appropriate facilities. Local and international NGOs attested that unaccompanied minors were not always properly registered, at times lacked safe accommodations or legal guardians, and were vulnerable to labor and sexual exploitation, including survival sex. In 2019 the ombudsman issued a report about children on the move in the country, noting discrepancies in the administrative treatment of unaccompanied minors depending on where they entered the country, the agency that identified them, and their nationality.
On May 12, the government passed legislation establishing the Special Secretariat for the Protection of Unaccompanied Minors, later assigned to work under the Ministry for Migration and Asylum. The new law assigns the overall management and supervision of unaccompanied minors to this body, removing responsibility from the National Center for Social Solidarity, although the center continued to issue biweekly statistics on the status of unaccompanied minors.
The Special Secretariat for the Protection of Unaccompanied Minors is responsible for sheltering unaccompanied minors, including prioritizing cases with vulnerable or disabled minors. It is also responsible for coordinating the short-term and long-term placement of unaccompanied minors in shelters (government and nongovernmental) and safe zones in the RICs and other facilities. The secretariat is entrusted with: maintaining the national electronic registry for unaccompanied minors; monitoring the enforcement of standard operating procedures at reception facilities; periodically assessing the services provided; training and supporting the staff at these facilities, and coordinating efforts to relocate minors to other countries.
The government, through the Special Secretariat for the Protection of Unaccompanied Minors, increased placements for housing unaccompanied minors and sped up the process for relocating approximately 1,000 of them to other European countries as part of a voluntary relocation scheme.
Institutionalized Children: Activists condemned the use of protective custody for unaccompanied minors for prolonged periods, often in unsanitary, overcrowded conditions resulting from a lack of space in specialized shelters (see section 1, Prison and Detention Center Conditions, Physical Conditions). On September 29, Secretary General for Unaccompanied Minors Irini Agapidaki stated on social media that there were no unaccompanied minors residing at the RICs on the five Aegean islands or in Evros. The unaccompanied minors had all been relocated to other shelters or to other EU member states. On November 18, the Ministry of Migration and Asylum reported that all unaccompanied minors who were in protective custody as of November 14 had been transferred to proper accommodation facilities.
Local Jewish leaders estimated the Jewish population in the country consisted of approximately 5,000 individuals. Anti-Semitic rhetoric remained a problem, particularly in the extremist press, social networking sites, and certain blogs. There were several incidents of graffiti and vandalism.
On January 3, the Central Board of Jewish Communities in Greece (KIS) condemned anti-Semitic graffiti on a recently restored historic synagogue in Trikala, central Greece. The vandalism took place in late December 2019, with unknown perpetrators painting swastikas on the walls surrounding the synagogue and writing anti-Semitic slogans such as “Jewish snakes out.” The KIS called on the authorities to arrest those responsible. The city of Trikala also issued a statement condemning the incident. On August 13, a memorial to fallen Greek Air Force personnel in central Athens was defaced with anti-Semitic graffiti reading ‘Satanic Jews Out’ interspersed with Christian symbols.
On October 5, media reported that unknown perpetrators sprayed anti-Semitic slogans in German on the exterior walls of the Athens Jewish Cemetery. The municipality of Athens promptly acted to clean the walls, according to a statement by the Central Board of Jewish Communities in Greece, denouncing the incident. The government spokesperson said authorities would do everything possible to arrest the perpetrators. Several prominent government officials, including Foreign Minister Nikos Dendias and Minister of Education and Religious Affairs Niki Kerameus, tweeted that the incident was shameful.
On October 16, unknown perpetrators defaced the Holocaust Museum of Thessaloniki by spray-painting on the facade “With Jews, you lose.” The Ministry of Foreign Affairs and the Hellenic Solution party denounced the attack at the Holocaust Monument. The KIS on October 19 issued a statement condemning other attacks, including the vandalism of four tombstones at the Jewish cemetery of Rhodes and graffiti at the Jewish cemetery of Thessaloniki reading “Death to Israel.” The KIS statement said the “vandalism of cemeteries and monuments equals tolerating the vandalism of memory and civilization” while urging the Ministry of Citizen Protection to arrest the perpetrators and to reinforce security measures on all Jewish institutions and monuments in Greece.
A perpetrator or perpetrators spray-painted a Christogram cross with the words “Jesus Christ Conquers” on the facade of a synagogue and Holocaust monument on December 3 in Larissa, central Greece, and on December 29 on a Holocaust monument in Drama, northern Greece, also damaging the marble base of the monument. The Ministry of Foreign Affairs, the diocese of Larisa and Tyrnavos, the Secretary General for Religious Affairs, and the respective municipalities all issued statements denouncing the acts. The KIS praised the municipality of Drama for immediately restoring the damage and erasing the graffiti. On December 4, Larissa police arrested a male suspect in the nearby area of Tempi, charging him with damaging property and violating an antiracism law during the December 3 incident.
The KIS continued to express concern about anti-Semitic comments by some in the media. On January 29, the KIS expressed concern about political cartoons and images in which political controversies were mocked with the use of Jewish sacred symbols and Holocaust comparisons. The KIS issued a statement protesting a sketch of the entrance to the Auschwitz concentration camp in a political cartoon arguing against lifting protection of primary residencies from foreclosures. The KIS called the cartoon unacceptable because it trivialized a symbol of horror. The newspaper called the reaction “justifiable,” arguing it had no intent to trivialize or deny the Holocaust.
On November 11, the KIS denounced a front-page headline of the newspaper Makeleio related to the announcement by the Jewish CEO of a pharmaceutical company about the COVID-19 vaccine. The headline presented the company’s CEO as the infamous Nazi official Dr. Joseph Mengele, also known as the butcher of the Auschwitz concentration camp, with the title: “Jewish veterinarian will stick the needle in us! Nightmarish admissions by force in ‘chamber-camps’ as flocks.” The KIS noted that the parallel between Nazi experiments in the concentration camps and the vaccine’s production perpetuates hatred and stereotypes against Jews, while also discouraging individuals from using the vaccine. On November 20, Secretary General for Religious Affairs George Kalantzis issued a statement condemning the newspaper’s characterization, saying that such reporting is reminiscent of the Middle Ages “when Jews were accused of every disaster, illness, or defeat.”
On October 22, a court of appeals in Athens decided to imprison seven leading members of the ultra-nationalist and pro-Nazi Golden Dawn party after the court had proclaimed Golden Dawn a criminal gang on October 7. All were sentenced to 13 years in prison but one of them, Christos Pappas, evaded arrest and at the end of the year remained at large. Local and international Jewish communities expressed concern over the anti-Semitic rhetoric of many Golden Dawn members.
On January 27, Prime Minister Mitsotakis attended memorial events marking the 75th anniversary of the liberation of Auschwitz-Birkenau and became the first prime minister to pay an official visit to the former concentration camp.
On January 9, during a visit by Prime Minister Mitsotakis to Washington, the Ministry of Defense and the U.S. Holocaust Memorial Museum (USHMM) signed an agreement allowing researchers to examine records of Nazi atrocities in Greece between 1940 and 1945. The Ministry of Culture was cooperating with USHMM on a joint effort to retrieve personal items belonging to Jewish refugees from the 1946 shipwreck of theAthinaoff Astypalea Island; the items were for inclusion in the USHMM’s permanent exhibition.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, information, communications, buildings, transportation, the judicial system, and other state services such as special education. NGOs and organizations for disability rights reported government enforcement of these provisions was inconsistent. For example, an employee with multiple sclerosis lost her job after returning from six months of sick leave required for therapy, even though she submitted a doctor’s note stating the therapy was needed, according to the ombudsman in the 2019 annual report. The employer cited “unconventional behavior” as reason for the dismissal three months after the employee’s return. Authorities fined the employer for not making the necessary adaptations to accommodate the employee’s disability.
On May 9, police in Gastouni, Peloponnese, physically attacked a young student with a mental disability, reportedly assuming he was a thief. The incident, which took place just outside the victim’s residence, prompted reactions by human rights activists including the Racist Crimes Watch Network and the National Confederation of Disabled People (see section 1.c., Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).
Most children with disabilities had the option to attend mainstream or specialized schools. The dropout rate for students with disabilities was high, partly due to shortages in transportation, a lack of infrastructure such as ramps and audiovisual aids, and staff and funding shortages. Despite progress in establishing new school units and classes to help students with disabilities integrate in primary and secondary education, the ombudsman and other agencies noted that integrating children with disabilities into mainstream classrooms remained a problem.
Persons with disabilities continued to have poor access to public buildings, transportation, and public areas, even though such access is required by law. Access to buildings, ramps for sidewalks, and accessible public transportation vehicles were among the biggest access concerns. Even ramps in the street were often too steep or rough to use, and ramps for public transportation were often out of order. In July a long-awaited ministerial decree established technical guidelines, requiring existing buildings and facilities to have made “reasonable adaptions” to ensure accessibility by the year’s end, or else lose their license.
In his 2019 annual report, the ombudsman reported that 37 percent of the complaints his office received related to disability and chronic disease, a notable increase from 2018.
On March 11, the government abolished legislation passed in May 2019 lifting significant obstacles to the granting of Greek citizenship for persons with intellectual disabilities or psychiatric illnesses. The previous legislation enabled such persons to claim Greek nationality if they were born or raised in the country by lawfully residing foreign nationals, allowing them to bypass the mandatory requirement of several years of Greek schooling or the passage of a Greek language and civilization test. The National Confederation of Disabled People denounced the government’s decision in a joint statement with the NGOs Hellenic League for Human Rights and Generation 2.0. for Rights, Equality and Diversity. On October 12, the government amended the citizenship law, providing for a unified system of written exams in Greek language and culture for all applicants, except those older than 62, those with a certified disability, and those with learning difficulties. The exempted group could take an oral test.
Prime Minister Mitsotakis presented the country’s first National Plan of Action for Persons with Disabilities on December 16, which sets clear and measurable targets based on the Convention on the Rights of Persons with Disabilities. The action plan establishes a coordinating government mechanism of central and local authorities to follow up on implementation, and a National Authority for Accessibility to monitor the implementation of legislation.
While the constitution and law prohibit discrimination against members of minority groups, Roma and members of other minority groups continued to face discrimination.
On May 18, a citizen residing in Heraklion, Crete, reported local police physically abused him as he headed home from work, assuming he was a migrant. According to the victim’s complaint, police told him to stop for an inspection, saying, “Hey Pakistani, pull aside.” He reported that police then punched, kicked, and threatened him with retaliation if he filed a complaint. On May 20, police announced the launch of an investigation into the incident. No outcome of this investigation had been made public by the year’s end.
On June 6, the NGO Movement United against Racism and the Fascist Threat denounced police attacks on individuals before or during their detention. According to the NGO, during the June 4 Eid al-Fitr celebration, police officers at the Menidi police station, in the Athens region, physically abused 11 Pakistani, Palestinian, Indian, and Albanian migrant detainees after the detainees asked to contact their relatives.
On December 26, according to media sources, a group of about 10 men armed with sticks, knives, and iron bars shouted racist slogans and attempted to enter a shelter for unaccompanied minors in Oreokastro, northern Greece, operated by the Church of Greece for refugee children between the ages of eight and 15. Four minors who were attacked in the yard of the facility were transferred to a hospital for treatment. One of them experienced severe respiratory problems after being beaten on the chest. Numerous political parties condemned the attack, and a lawyer representing the facility filed a formal complaint. On December 27, police arrested two persons, a 38-year-old father and his 13-year-old son, for participating in the attack. At the end of the year, the investigation was ongoing.
On October 14, media reported that a court in Athens ruled in favor of 47 female migrant cleaning workers whose contracts with the municipality of Athens were terminated because they could not certify knowledge of the Greek language, as per a new Ministry of Interior regulation. The court said all 47 women should be given their jobs back.
Although the government recognizes an individual’s right to self-identification, many individuals who defined themselves as members of a minority group found it difficult to express their identity freely and to maintain their culture. Some citizens identified themselves as Turks, Pomaks, Vlachs, Roma, Arvanites, or Macedonians. Some unsuccessfully sought official government identification as ethnic or linguistic minorities. Courts routinely rejected registration claims filed by associations in Thrace with titles including the terms Turk and Turkish when based on ethnic grounds. Individuals may legally call themselves Turks, and associations using those terms were able to function regularly without legal status (see section 2.b., Freedom of Association). Government officials and courts have denied requests by Slavic groups to use the term Macedonian to identify themselves on the grounds that more than two million ethnically (and linguistically) Greek citizens also used the term Macedonian for self-identification.
The law recognizes a Muslim religious minority, as defined by the 1923 Treaty of Lausanne, which consists of persons descended from Muslims residing in Thrace at the time of the treaty’s signature. These persons can be in ethnic Turkish, Pomak, and Romani communities. Some Pomaks and Roma claimed that ethnically Turkish members of the Muslim minority provided monetary incentives to encourage them to say they were ethnically Turkish.
During the 2019-20 school year, the government operated 115 primary schools and two secondary schools in the Thrace region that provided secondary bilingual education in Greek and Turkish for minority children. The government also operated two Islamic religious schools in Thrace. Some representatives of the Muslim minority said the facilities were inadequate to cover their needs, and claimed the government ignored their request to privately establish an additional minority secondary school. The same representatives noted a decreasing number of primary-level minority schools, which the government attributed to a decreasing number of students. Per the law, any facility with fewer than nine students must temporarily suspend operations, with students referred to neighboring schools. For the 2019-20 school year, authorities announced that 20 schools had suspended operations in the region of Eastern Macedonia and Thrace, five of which were minority schools. On April 28, an additional two minority schools suspended operation for the school period 2020-21 as per a ministerial decision, due to low attendance.
Roma continued to face widespread governmental and societal discrimination, social exclusion, and harassment, including ethnic profiling by police, alleged abuse while in police custody, discrimination in employment, limited access to education, and segregated schooling. The ombudsman wrote in his 2019 annual report that local authorities did not help to improve the living and social conditions of the Roma, which would gradually assist them to integrate. The lack of integration led to more complaints of tension between Roma and non-Roma. The ombudsman praised local governments that implemented integration practices.
On July 7, the NGO Racist Crimes Watch filed a complaint with police, claiming that police on motorcycles had beaten two Roma in the Athens suburb of Vrilissia because police falsely believed the Roma had conducted a robbery in the area on June 28. The NGO argued that police engaged in ethnic profiling.
Poor school attendance, illiteracy, and high dropout rates among Romani children were problems. Authorities did not enforce the mandatory education law for Romani children, and local officials often excluded Romani pupils from schools or sent them to Roma-only segregated schools.
On March 11, the government abolished legislation allowing Roma born in Greece to parents without official registration to gain Greek citizenship.
On July 10, the European Court of Human Rights accepted the request for interim measures in the case of Romani tent-dwellers residing in Aspropyrgos, in greater Athens, who were to be evicted by the local municipality. The court suspended the eviction until July 27 and asked Greek authorities to provide timely information about the legal grounds of their case, including eviction protocols and alternative housing solutions. On July 6, the UN Human Rights Committee, following a petition by the NGO Greek Helsinki Monitor, suspended the eviction of seven other Romani individuals, also residents of Aspropyrgos, until their appeal of the eviction could be heard.
On March 11, a Thessaloniki court blocked the enforcement of a board decision by the municipality of Thermaikos, in northern Greece, to evict approximately 200 Roma families residing in makeshift homes in an area called Tsairia. The court deemed that the municipality did not offer an alternative site for relocation. The local mayor, George Tsamaslis, vowed to appeal the decision, arguing that finding “a new home” for the Roma was not among the city’s responsibilities.
Local media and NGOs reported race- and hate-motivated attacks on migrants, allegedly by far-right individuals acting alone or in groups. In its annual report for 2019, the RVRN reported that, despite a decrease in incidents of organized violence since 2013, “a significant number of the attacks showed signs of a structured organization or organized group.” More than 50 percent of the incidents recorded by the RVRN in 2019 (51 of 100) targeted migrants, refugees, or asylum seekers on grounds of ethnic origin, religion, or skin color. The RVRN also noted “aggression against refugees in other aspects of daily life” as well as “a wider targeting of people of African origin, compared to previous years.”
On October 7, Greek courts determined the neo-Nazi Golden Dawn party had operated as a criminal organization that systematically targeted members of ethnic and religious minorities, including Muslim and Jewish persons, with hate speech and violence. The court found 18 former members of parliament guilty of participating in a criminal enterprise, and found 16 members guilty of the 2013 murder of anti-Fascist activist Pavlos Fysass. The historic decision ended a trial which lasted more than five years, the longest in Greek history, and resulted in prison sentences of 13 years for seven leading figures of the group.
On July 2, an Athens court found Panayotis Papagiannis, a leading member of the Krypteia Fascist and nationalist group, guilty of a number of racist attacks, including arson at the headquarters of the Afghan community in Athens, and sentenced him to a five-year prison term.
In July the coordinator for refugee education at the Malakasa camp, Konstantinos Kalemis, made racist comments on social media regarding Giannis Antetokounmpo, a Greek player in the National Basketball Association. Kalemis commented on an interview in which Antetokounmpo said growing up in Greece was difficult because of the racial divide and because he constantly feared his parents would be deported. Minister of Education and Religious Affairs Niki Kerameus removed Kalemis from his post on July 24, noting that “such insulting and racist behavior has no place in the Greek educational system.”
The law prohibits discrimination against LGBTI persons in housing, employment, and government services such as education and health care. The government enforced antidiscrimination laws, which include sexual orientation and gender identity as aggravating circumstances in hate crimes. Offices combatting race crimes and hate crimes include in their mandates crimes targeting LGBTI individuals because of their sexual orientation or gender identity.
Violence against LGBTI individuals, including LGBTI refugees and migrants, remained a problem. Societal discrimination and harassment of LGBTI persons were widespread despite advances in the legal framework protecting such individuals. LGBTI activists alleged that authorities were not always motivated to investigate incidents of violence against LGBTI individuals and that victims were hesitant to report such incidents to the authorities due to a lack of trust. A male police officer harassed and verbally abused a transgender woman during a routine inspection at an entertainment venue, the NGO Greek Transgender Support Association (SYD) reported on January 7. The woman said the police officer used insulting, derogatory, and sexist language, touched her inappropriately, and insisted on bodily searching her himself. The victim filed a complaint against the police officer. No trial date has been set.
In 2019 the RVRN recorded 16 attacks based on sexual orientation and 25 based on gender identity. The sexual orientation attacks included verbal and physical assaults. In three cases, the victims were minors. The gender identity attacks included two cases of rape, one of which involved a minor, two incidents of sexual abuse and sexual assault, two incidents of physical violence, and 17 cases of verbal insults or threats. The RVRN noted the recorded incidents showed that “transgender people suffer verbal abuse, almost daily, which escalates as their transition progresses and becomes more visible.” According to information communicated to the RVRN for 2019, police recorded 282 incidents potentially involving racist motives, 32 of which were related to sexual orientation (20) and gender identity (12).
On May 14, the EU Agency for Fundamental Rights 2019 survey on LGBTI persons in the EU reported that in the country: 74 percent of respondents stated that they often or always avoided holding hands with their same-sex partner, 32 percent felt discriminated against at work, and 33 percent alleged they were harassed in the year before the survey. In addition, 51 percent of respondents felt discriminated against in at least one area of life in the year before the survey and 43 percent of LGBTI students aged 15 to 17 admitted hiding being LGBTI at school. Finally, 57 percent reported that LGBTI prejudice and intolerance has dropped during the past five years.
Activists in the LGBTI community said they faced particular hardships during the COVID-19 pandemic because they were forced to spend long periods at home with families who were not always accepting of their lifestyle, with an increase in domestic violence. Transgender individuals working in the sex industry also reported a loss of income during the pandemic.
On January 3, a joint ministerial decree outlined 12 countries of origin of asylum seekers the government considered “safe.” The decree raised concerns among human rights activists and the LGBTI community that the vast majority of these countries either persecuted individuals based on their sexual orientation and gender identity or presented serious threats to the lives of LGBTI individuals and human rights and LGBTI activists in the country (see section 2.f., Protection of Refugees).
On July 7, the NGO Diotima reported on a Moroccan transgender person whose application for asylum was rejected. Diotima argued that if she returned to Morocco, the woman’s life would be at risk due to her gender identity, a claim accepted by the court on October 14. The court annulled the deportation decision on the grounds the woman would face arrest, imprisonment, and abuse if sent back to her country (see section 2.f., Protection of Refugees).
Unmarried transgender individuals older than 15 may update documents to reflect their gender identity without undergoing sex reassignment surgery, according to Greek law. A judge must validate the change based on the individual’s external appearance. According to the Greek Transgender Support Association, the hearing process does not always have the necessary privacy and dignity for the applicant.
In his annual 2019 report, the ombudsman highlighted administrative obstacles faced by LGBTI individuals when they officially register a civil partnership. The ombudsman noted that corrections and changes to gender identity registrations, as part of administrative processes or notarial acts, did not always have the necessary safeguards of secrecy and respect for those impacted.
On January 20, a misdemeanors council ruled that six persons, including two store owners and four police officers, should be charged with fatal bodily harm in connection with the death of LGBTI activist Zak Kostopoulos in September 2018 in central Athens. The date of the trial was initially set for October 21 but due to restrictive COVID-19 measures, it was postponed indefinitely.
While the law prohibits discrimination with respect to employment of individuals with HIV, societal discrimination against persons with HIV or AIDS remained a problem. Persons with HIV or AIDS were exempt on medical grounds from serving in the armed forces. A presidential decree authorizes the dismissal of professional military staff members if a member diagnosed with AIDS does not respond to treatment, but there were no reports of military staff dismissals under this provision.
On January 28, the NGO Positive Voice reported on a patient who was hospitalized in isolation from other inmates solely because he had HIV. Hospital personnel moved him from his original room–which he shared with other patients–and announced he would have to use a separate bathroom from others, as well as disposable plates, cups, and cutlery. Hospital personnel did not respect the patient’s privacy and dignity, the NGO said. In a public statement, the NGO noted instances in which HIV is used as a pretext by medical staff to delay or deny the provision of medical services.
Guinea
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape and domestic violence, but both occurred frequently, and authorities rarely prosecuted perpetrators. The law does not address spousal rape or the gender of victims. Rape is punishable by five to 20 years in prison. Victims often declined to report crimes to police due to custom, fear of stigmatization, reprisal, and a lack of cooperation from investigating police or gendarmes. Studies indicated citizens also were reluctant to report crimes because they feared police would ask the victim to pay for the investigation.
In domestic violence cases, authorities may file charges under general assault, which carries sentences of two to five years in prison and fines. Violence against a woman that causes an injury is punishable by up to five years in prison and a fine. If the injury causes mutilation, amputation, or other loss of body parts, it is punishable by 20 years of imprisonment; if the victim dies, the crime is punishable by life imprisonment. Assault constitutes grounds for divorce under civil law, but police rarely intervened in domestic disputes, and courts rarely punished perpetrators.
Female Genital Mutilation/Cutting (FGM/C): Although the law and new constitution prohibit FGM/C, the country had an extremely high prevalence rate. According to a 2018 UNICEF survey, 94.5 percent of women and girls ages 15 to 49 had undergone the procedure, which was practiced throughout the country and among all religious and ethnic groups. The rate of FGM/C for girls between the ages of six and 14 dropped 6 percent since 2015.
The law specifies imprisonment of five to 20 years and a fine if the victim is severely injured or dies; if the victim dies within 40 days of the procedure the penalty is up to life in prison or death. The law provides for imprisonment of three months to two years and fines for perpetrators who do not inflict severe injury or death.
The government continued to cooperate with NGOs and youth organizations in their efforts to eradicate FGM/C and educate health workers, government employees, and communities on the dangers of the practice.
A total of 232 communities organized public declaration ceremonies of the abandonment of FGM/C practices and child marriage in 2019. Since January an additional 66 villages declared they abandoned FGM/C and child marriage. In addition, in February the president launched the International Day of Zero Tolerance to FGM Activities.
Sexual Harassment: The law prohibits all forms of workplace harassment, including sexual harassment. The constitution prohibits harassment based on sex, race, ethnicity, political opinions, and other grounds. The Ministry of Labor did not document any case of sexual harassment, despite its frequency. The law penalizes sexual harassment. Sentences range from three months to two years in prison and the payment of a fine, depending on the gravity of the harassment. Authorities rarely enforced the law.
Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children and to manage their reproductive health free from discrimination, coercion, or violence. Many couples and individuals, however, lacked access to the information and the means to enjoy these rights.
No law adversely affected access to conception, but low accessibility and poor quality of family planning services as well as limited contraception choices hindered access. Cultural barriers included a lack of male partner engagement or support for a woman’s decision to use family planning services; lack of decision-making power for women, as women in many cases needed approval from their husbands before using health services, including family planning; and expectations for newlywed couples to have children. Religious beliefs also hindered access. According to the 2018 Demographic and Health Survey, modern contraceptive prevalence rate among women aged 15-49 who were married or in a relationship was 11 percent.
According to the 2018 Demographic and Health Survey, 55 percent of women gave birth with a skilled healthcare professional present. Lack of quality health care and sociocultural barriers, such as preferring a female health attendant during pregnancy and childbirth, also affected women’s access to skilled health attendants when no midwives were available.
According to the 2016 UNICEF Multiple Indicator Cluster Survey, the maternal mortality rate was 550 per 100,000 live births. Lack of accessible, quality health services, discrimination, gender inequalities, early marriage, and adolescent pregnancy all contributed to the maternal death rate. According to the UN Population Fund (UNFPA), the adolescent birth rate was 120 per 1,000 girls age 15-19 years.
The government provided access to sexual and reproductive health services for survivors of sexual violence. Multisectoral committees at the national, regional, and local levels addressed gender-based violence, including sexual violence. Committee participants included health professionals, police, and administrative authorities. Health professionals provided health care, including sexual and reproductive health services, to survivors of sexual and domestic violence.
The prevalence of FGM/C among women aged 15-49 was 95 percent, according to the 2018 Demographic and Health Survey.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law does not provide for the same legal status and rights for women as for men, including in inheritance, property, employment, credit, and divorce. The law prohibits gender discrimination in hiring; the government did not effectively enforce this provision. There were no known limitations on women’s working hours, but there are legal restrictions to women’s employment in occupations and tasks deemed hazardous and in industries such as mining and construction. Traditional practices historically discriminate against women and sometimes took precedence over the law, particularly in rural areas.
Government officials acknowledged that polygyny was common. Divorce laws generally favor men in awarding custody and dividing communal assets. Legal testimony given by women carries less weight than testimony by men, in accordance with Islamic precepts and customary law.
In May 2019 the National Assembly amended the law to make monogamy the standard for marriage, except in the case of an “explicit agreement” with the first wife.
Birth Registration: Children derive citizenship by birth within the country, marriage, naturalization, or parental heritage. Authorities did not permit children without birth certificates to attend school or access health care. Authorities adjudicated birth registration in a nondiscriminatory manner.
Education: Government policy provides for tuition-free, compulsory primary education for all children up to age 16. While girls and boys had equal access to all levels of primary and secondary education, approximately 56 percent of girls attended primary school, compared with 66 percent of boys. Government figures indicated 11 percent of girls obtained a secondary education, compared with 21 percent of boys.
Child Abuse: Child abuse was a problem, and authorities and NGOs continued to document cases. Child abuse occurred openly on the street, although families ignored most cases or addressed them at the community level.
In December 2019 the National Assembly revised the children’s code to clearly prohibit cruel, inhuman, or degrading treatment of children, including FGM. The revised code entered into force in March. Authorities rarely prosecuted offenders.
Child, Early, and Forced Marriage: The law criminalizes early and forced marriage. The legal age for marriage is 18. Ambiguity remains, however, because the law refers to customary marriages for minors who receive consent from both their parents or their legal guardian. According to women’s rights NGOs, the prevalence rate remained high.
In 2017, according to UNICEF, 19 percent of all girls were married by age 15 and 51 percent were married by age 18.
The Ministry of Social Action for the Promotion of Women and Children, with assistance from UNICEF, developed and began to implement a national strategy for the 2020-24 period to promote the abandonment of child marriage.
Sexual Exploitation of Children: The law prescribes penalties of five to 10 years’ imprisonment, a fine, or both for all forms of child trafficking, including the commercial sexual exploitation of children. The law prohibits child pornography. The law does not explicitly address the sale, offering, or procuring of children for prostitution. The minimum age of consensual sex is 15. Having sex with someone younger than 15 is punishable by three to 10 years in prison and a fine. These laws were not regularly enforced, and sexual assault of children, including rape, was a serious problem. Girls between ages 11 and 15 were most vulnerable and represented more than half of all rape victims.
Displaced Children: Although official statistics were unavailable, a large population of children lived on the streets, particularly in urban areas. Children frequently begged in mosques, on the street, and in markets.
Institutionalized Children: The country had numerous registered and unregistered orphanages. While reports of abuse at orphanages sometimes appeared in the press, reliable statistics were not available. Authorities institutionalized some children after family members died from the Ebola virus.
The law does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in education, air travel and other transportation, access to health care, or the provision of other government services. Other elements of the law describe the rights of persons with disabilities, such as access to regular and dedicated schools, and access to public transportation. Buildings and transportation, however, remained inaccessible. The law prohibits discrimination in employment against persons with disabilities. The Ministry of Social Action and the Promotion of Women and Children is responsible for protecting the rights of persons with disabilities, but it was ineffective. The government provided no support for placing children with disabilities in regular schools.
In December 2019 government representatives and the United Nations Development Program (UNDP) inaugurated a trade-skills training facility in Conakry for persons with disabilities. In August the Ministry of Social Action and Vulnerable People, with the technical and financial support of UNDP, hosted a three-day workshop attended by various government representatives that sought to raise awareness of persons living with disabilities and how to support them.
The country’s population was diverse, with three main linguistic groups and several smaller ones. While the law prohibits racial or ethnic discrimination, allegations of discrimination against members of all major ethnic groups occurred in private sector hiring. Ethnic segregation of urban neighborhoods and ethnically divisive rhetoric during political campaigns were common. The government made little efforts to address these problems.
In August a group of 50 to 60 youths, calling themselves the Association of the Young Heirs of Maferinyah and Coyah, attacked two families in Forecariah, leaving several injured and two dead. The families stated that the youths, displaced from local lands, believed that the land the families owned was expropriated from the native inhabitants of the area.
The law criminalizes consensual same-sex sexual conduct between adults, which is punishable by three years in prison; however, there were no known prosecutions. The Office for the Protection of Women, Children, and Morals (OPROGEM), a part of the Ministry of Security, includes a unit for investigating morals offenses, including same-sex sexual conduct. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals.
Deep religious and cultural taboos existed against consensual same-sex sexual conduct. There were no official or NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented victims from reporting abuse or harassment. There were no publicly active LGBTI organizations, although some organizations worked to raise awareness concerning HIV and AIDS and prevent human rights abuses among vulnerable communities.
Laws exist to protect persons with HIV from stigmatization, but the government relied on donor efforts to combat discrimination against persons with HIV or AIDS. Government efforts were limited to paying salaries for health-service providers. Most victims of stigmatization were women whose families abandoned them after their husbands died of AIDS.
In March the Forested Guinea Region and the town of N’Zerekore saw violence between largely Christian and animist Kpelle people, who supported the opposition and opposed the constitutional referendum, and the Muslim Koniake people who supported the government and the referendum (see section 1.a.). There were no investigations.
Discrimination against persons with albinism occurred, particularly in the Forested Guinea Region, where historically persons with albinism were sought for ritual sacrifice and other harmful practices related to witchcraft. Albino rights NGOs continued to raise awareness of discrimination and violence against persons with albinism. Authorities investigated incidents of violence. For example, in July, OPROGEM arrested six women accused of forcing seven albino children to beg in the street. As of September the women were in custody and awaiting trial. In November police investigated an alleged discovery of two albino bodies in a family compound in Coyah.
Due to a lack of trust and capacity in the local judicial system, mob violence remained a widespread problem nationwide. In November 2019 a man accused of stealing motorcycles was beaten to death by an angry mob in Kankan. In April a man in Boke accused of stealing was tied to a tree by a group of men and beaten to death. Authorities opened investigations into these incidents but the outcomes were unknown.
Guinea-Bissau
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law prohibits rape, including spousal rape, and provides penalties for conviction of two to 12 years in prison; however, the government did not effectively enforce the law. The law permits prosecution of rape only when reported by the victim, which observers noted was rare due to victims’ fear of social stigma and retribution.
Although the law prohibits domestic violence, such abuse was widespread. The government did not undertake specific measures to counter social pressure against reporting domestic violence, rape, incest, and other mistreatment of women.
Cases of domestic violence and child abuse were commonly resolved within the household. Limited access to institutions of justice also contributed to the preference for customary law as a way of solving societal problems. Recourse to the formal justice system was poorly understood, expensive, and seldom used.
In September the Judiciary Police arrested a 37-year-old man in Bafata on suspicion of sexual abuse of children younger than age 12. According to police, the suspect also allegedly impregnated one victim. The suspect was detained and presented to the Public Ministry for investigation.
In July parliament and the Guinean Human Right’s League denounced an increase of reported cases of violence against women and children in the eastern and southern parts of the country, including the Bafata, Gabu, and Quinara Regions.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, without reference to age of the victims. FGM/C was practiced on girls younger than age five. Conviction for its practice is punishable by a fine of up to five million Central African (CFA) francs ($8,680) and five years in prison. Muslim preachers and scholars called for the eradication of FGM/C. The Joint Program on FGM/C of the UN Population Fund and UNICEF worked with the Ministry of Justice to strengthen the dissemination and application of the law by building the capacities of officials responsible for program implementation.
Sexual Harassment: No law prohibits sexual harassment, and it was widespread. The government undertook no initiatives to combat the problem.
Reproductive Rights: Although couples and individuals have the right to decide the number, spacing, and timing of their children and manage their reproductive health, free from discrimination, coercion, or violence, they often lacked the information and means to do so. The UN Population Fund reported that 114 health centers offered family planning services but that the availability of birth control services they offered varied from center to center. The 2018-2019 UNICEF Multiple Indicator Cluster Survey reported that 20.2 percent of girls and women between the ages of 15 and 49 used a modern method of contraception. The Roman Catholic Church and other religious groups discouraged use of modern contraception.
The World Heath Statistics 2020 report estimated that skilled health personnel attended 45 percent of births and that 55.7 percent of women of reproductive age had access to modern methods of family planning. The health system’s obstetric care capacity was insufficient, and emergency care was available only in Bissau. The adolescent birth rate was 103 per 1,000 girls between the ages of 15 and 19. There was no information on government assistance to victims of sexual assault.
According to UN estimates, the maternal mortality rate was 667 deaths per 100,000 live births in 2020, and the lifetime risk of maternal death was one in 160. Major factors causing high maternal mortality were poor health infrastructure and service delivery as well as high rates of adolescent pregnancy.
UNICEF statistics for 2020 reported that 52 percent of girls and women between the ages of 15 and 49 had undergone FGM/C causing maternal morbidity, including genital infections, urinary incontinence, increased infertility, and a high risk of contracting HIV and AIDS.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution grants men and women equal rights. Gender discrimination, however, prevailed due to society’s norms based on traditional customs and rules of ethnic groups and religious communities that perpetuated inequalities. The land-tenure law recognizes equal rights for men and women to access the land, yet it also recognizes the customary law that favors men as a way of acquiring tenure rights. There were legal restrictions to women’s employment in the same occupations and industries as men.
Birth Registration: Citizenship is derived by birth within the country or from citizen parents. Birth registration does not occur automatically at hospitals; parents must register births with a notary. Lack of registration resulted in denial of public services, including education.
Education: Most school-age children frequently remained at home because schools opened only intermittently due to teacher strikes. From March to October, children remained at home because of the COVID-19 pandemic. Public schools did not offer remote classes.
Child Abuse: There are no laws regarding child abuse specifically. Violence against children was thought to be widespread but seldom reported to authorities.
Child, Early, and Forced Marriage: The legal minimum age of marriage is 16 for both genders. Child, early, and forced marriage occurred among all ethnic groups. Girls who fled arranged marriages often were trafficked into commercial sex. The buying and selling of child brides also occurred. There were no government efforts to mitigate the problems. According to UNICEF, 6 percent of all girls were married by age 15 and 24 percent by age 18.
Sexual Exploitation of Children: The minimum age for consensual sex is 18 for both boys and girls. A statutory rape law prohibits sex with a person younger than age 16. The rape law carries a penalty for conviction of two to 12 years in prison. The law also prohibits child pornography. The law criminalizes commercial sexual exploitation of children and prescribes penalties of three to 15 years’ imprisonment and the confiscation of any proceeds from the crime. When pedophilia and sexual harassment were reported, police at times blamed victims.
There were reports that girls were victims of commercial sexual exploitation, including in sex tourism, in the isolated Bijagos Islands, and on mainland Guinea-Bissau in bars and hotels.
Displaced Children: The national nongovernmental organization Association of the Friends of Children estimated up to 500 children, mostly from neighboring Guinea, lived on the streets of urban centers including Bissau, Bafata, and Gabu. The government provided no services to street children during the year. The government worked with Senegal to return 158 children sent to Quranic schools in Senegal back to Guinea-Bissau. These children usually ended up begging and being mistreated.
The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not counter discrimination against persons with disabilities or provide access for them to buildings, information, and communications. The government made some efforts to assist military veterans with disabilities through pension programs, but these did not adequately address health care, housing, or food needs. Provisions existed to allow voters with disabilities and illiterate voters to participate in the electoral process, but voters with proven severe intellectual disabilities could be prohibited from voting.
No laws criminalize sexual orientation. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, or intersex (LGBTI) individuals. In July a man was attacked because of his sexual orientation, but he reportedly did not press charges due to fear of retaliation.
India
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape in most cases, although marital rape is not illegal when the woman is older than 15. According to legal experts, the law does not criminalize rape of adult men. Rape of minors is covered under the gender-neutral POCSO laws. Official statistics pointed to rape as one of the country’s fastest-growing crimes, prompted at least in part by the increasing willingness of victims to report rapes, although observers believed the number of rapes remained vastly underreported.
Law enforcement and legal recourse for rape victims were inadequate, and the judicial system was overtaxed and unable to address the problem effectively. Police sometimes worked to reconcile rape victims and their attackers; in some cases they encouraged female rape victims to marry their attackers. The NGO International Center for Research on Women noted low conviction rates in rape cases was one of the main reasons sexual violence continued unabated and at times unreported. The NGO Lawyers Collective observed the length of trials, lack of victim support, and inadequate protection of witnesses and victims remained major concerns and were more pronounced during the COVID-19 pandemic.
Incidents of rape continued to be a persistent problem, including gang rape, rape of minors, rape against lower-caste women or women from religious and nonreligious minority communities by upper-caste men, and rape by government officials.
The minimum mandatory punishment for rape is 10 years’ imprisonment. The minimum sentence for the rape of a girl younger than age 16 is between 20 years’ and life imprisonment; the minimum sentence of gang rape of a girl younger than 12 is punishable by either life imprisonment or the death penalty. An online analytic tool, the Investigation Tracking System for Sexual Offenses, exists for states and union territories to monitor and track time-bound investigation in sexual assault cases.
On March 20, the four men convicted of the high-profile 2012 gang rape of Nirbhaya were hanged. The victim is known as Nirbhaya, meaning the fearless one, because of the law forbidding the disclosure of rape victim names. Nirbhaya, a medical student at the time, was attacked on a bus by six men while traveling home with a friend. Her friend was beaten unconscious, and she was gang-raped and brutally tortured with an iron rod. Nirbhaya died two weeks later. Of the six arrested, one died in his jail cell and another, a minor at the time, was released after three years in a reform facility. The four remaining were sentenced to death and were hanged at Delhi’s Tihar Jail after the Supreme Court dismissed their final petitions.
On July 13, a woman who filed a complaint of gang rape in Bihar was arrested for misbehavior while recording her statement in court. The 22-year-old survivor was accompanied by two social workers, and the three were arrested on charges of disrupting court proceedings when the survivor, who was illiterate, refused to sign a written statement for the court and demanded it be read aloud by the social workers. Jan Jagran Shakti Sangathan, a nonprofit organization, protested the arrests, asserting the survivor’s distressed state and noncompliance were caused by the trauma of the gang rape, the ordeal of narrating the incident during police investigation and court proceedings, and the lack of family and mental health support after the incident. As of July 15, the three women were being held in jail under judicial custody, and one of the five men accused of the gang rape was arrested. A group of 376 lawyers from across the country sent a letter to the Patna High Court (in Bihar) to express their concern regarding the local court’s handling of the case.
On September 28, CHRI released Barriers in Accessing Justice: The Experiences of 14 Rape Survivors in Uttar Pradesh, India, that detailed strong evidence of the barriers imposed by police on women survivors, including caste-based discrimination, discouragement to report the crime, and forceful acceptance of illegal compromises. The report noted legal remedies against police malpractice were difficult to pursue and often did not provide redress.
On September 30, Uttar Pradesh police cremated, without family consent, the body of a 19-year-old Dalit woman in her native village in Hathras, hours after she succumbed to injuries allegedly inflicted in a gang rape by four upper-caste men on September 14. Her death and subsequent cremation without the presence of family members sparked outrage among opposition parties and civil society. Police arrested all four accused, and the Uttar Pradesh state government assembled a three-member team to probe the incident.
On October 5, citing recent cases of alleged rape and murder, including in Hathras, the UN resident coordinator in the country expressed concern at the continuing cases of sexual violence against women and girls.
Women in conflict areas, such as in Jammu and Kashmir, the Northeast, Jharkhand, and Chhattisgarh, as well as vulnerable Dalit or tribal women, were often victims of rape or threats of rape. National crime statistics indicated Dalit women were disproportionately victimized compared with other caste affiliations.
The Kerala State Women’s Commission registered a rape case involving a 75-year-old Dalit woman suffering from dementia and other mental health issues. The woman was attacked and raped by a group of unidentified men on August 4 in Ernakulam District, Kerala State.
Domestic violence continued to be a problem. The COVID-19 pandemic and lockdown led to increased instances of domestic violence. Women and children were more vulnerable due to loss of livelihood of the perpetrator and the family being forced to remain indoors, where victims were locked in with their abusers with limited means to escape or access to resources. The Jammu and Kashmir and Delhi High Courts took note of the increased problem of domestic violence and directed national protection agencies to consider additional measures to address the rising instances of domestic violence.
Local authorities made efforts to address the safety of women. On August 10, the National Commission of Women (NCW) reported 2,914 complaints of crimes committed against women in July, including 660 cases of domestic violence. This represented the highest monthly level since November 2018. The data showed Uttar Pradesh, Bihar, Haryana, Delhi, and Punjab as the states with the highest levels of domestic violence against women. The latest available NCRB data estimated the conviction rate for crimes against women was 23 percent.
During the first weeks of the COVID-19 lockdown, the NCW received 239 complaints of domestic violence–a significant increase from the 123 complaints it received in the month preceding the lockdown. To provide protection and assistance, the NCW launched a WhatsApp helpline for women.
Acid attacks against women continued to cause death and permanent disfigurement. On February 28, a family member attacked a 25-year-old pregnant woman and her sister-in-law with acid in Haryana. After being hospitalized for one month, the pregnant victim succumbed to the wounds.
On July 15, Telangana police launched the “CybHer” online awareness campaign to protect women and children in cyberspace. The Telangana police chief stated that cybercrimes went up by 70 percent in the state during the COVID-19 lockdown, and women and children were the specific targets. The campaign was launched on multiple social media platforms.
Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, between 70 and 90 percent of Dawoodi Bohras, a population of approximately one million concentrated in the states of Maharashtra, Gujarat, Rajasthan, and Delhi, practiced FGM/C.
In July 2018 the Supreme Court heard a public interest case seeking to ban the practice of FGM/C. The government, represented by Attorney General K. K. Venugopal, told the court that it supported the petitioners’ plea that the practice be punishable under the provisions of the penal code and the Protection of Children from Sexual Offenses Act. Days after a September 2018 meeting between the prime minister and the spiritual head of the Dawoodi Bohra community, who supports the practice of FGM/C, the government reversed its position, and the attorney general stated the matter should be referred to a five-member panel of the Supreme Court to decide on the issue of religious rights and freedom.
Other Harmful Traditional Practices: The law forbids the acceptance of marriage dowry, but many families continued to offer and accept dowries, and dowry disputes remained a serious problem. NCRB data showed authorities arrested 20,545 persons for dowry deaths in 2016. Most states employed dowry prohibition officers. A 2010 Supreme Court ruling mandates all trial courts to charge defendants in dowry-death cases with murder.
So-called honor killings remained a problem, especially in Punjab, Uttar Pradesh, and Haryana; they were usually attributable to the victim’s marrying against his or her family’s wishes. In April, three persons were arrested for the killing of a 19-year-old girl in Punjab. Family members allegedly poisoned the victim with sleeping pills, strangled her to death, and cremated her body. An honor killing of a 16-year-old girl was reported on May 2 in Rajasthan. She was strangled, burned, and buried allegedly by her mother and uncle because she eloped with a local boy of whom her family did not approve. The mother and uncle were arrested. On July 17 in Uttar Pradesh, a woman was shot and killed by her three brothers for marrying outside her caste two years previously. The accused also attacked the husband, leaving him grievously injured. Police arrested all three brothers.
On June 22, the Madras High Court acquitted B. Chinnasamy, who was accused in 2017 of hiring persons to kill his daughter’s husband because he belonged to a Scheduled Caste. The court also commuted the death sentences to life imprisonment for five previously convicted individuals. Several human rights activists described the verdicts as “a travesty of justice.”
There were reports women and girls in the devadasi system of symbolic marriages to Hindu deities (a form of so-called ritual prostitution) were victims of rape or sexual abuse at the hands of priests and temple patrons, including sex trafficking. NGOs suggested families exploited some girls from lower castes in sex trafficking in temples to mitigate household financial burdens and the prospect of marriage dowries. Some states have laws to curb sex trafficking and sexual abuse of women and girls in temple service. Enforcement of these laws remained lax, and the problem was widespread. Some observers estimated that more than 450,000 women and girls were exploited in temple-related prostitution.
On August 13, Telangana Scheduled Castes and Scheduled Tribes Commission chairman E. Srinivas told media that he observed continuing prevalence of the banned Jogini system, under which Dalit girls are forced into sexual slavery in the name of dedicating them to a village deity. He encouraged village chiefs to be held responsible for informing police and other authorities if such practices continued. District authorities announced protection of agricultural lands given to the rehabilitated Jogini women by the government in 1989.
No federal law addresses accusations of witchcraft; however, authorities may use other legal provisions as an alternative for a victim accused of witchcraft. Most reports stated villagers and local councils usually banned those accused of witchcraft from the village. Bihar, Odisha, Chhattisgarh, Rajasthan, Assam, and Jharkhand have laws criminalizing those who accuse others of witchcraft.
On May 4, three women in Bihar were assaulted, tonsured, stripped seminaked, and forced to consume human urine and excreta by a mob that suspected them of witchcraft. Media sources reported that no bystanders came forward to help the women. Police acted after seeing a video of the incident, arresting nine persons. According to reports, the three women, all from the same family, were performing puja, a worship ritual, for a sick child at night when they were seen by villagers who suspected them of using black magic, after which they were targeted and abused the next morning.
On August 17, media reported family members beat 30-year-old Geeta Devi for allegedly practicing witchcraft in Jharkhand’s Giridih District. Geeta died before police could arrive. The deceased’s mother in-law filed a FIR with the Gawan police station to investigate the crime.
Sexual Harassment: Sexual harassment remained a serious problem. Authorities required all state departments and institutions with more than 50 employees to operate committees to prevent and address sexual harassment, often referred to as “eve teasing.” By law sexual harassment includes one or more unwelcome acts or behavior, such as physical contact, a request for sexual favors, making sexually suggestive remarks, or showing pornography.
In February media sources reported that female trainee clerks working at the Surat Municipal Corporation were subjected to gynecological finger tests in a mandatory fitness test by female doctors at the Surat Municipal Institute of Medical Education and Research, a state-run hospital. The corporation’s employees union lodged a complaint when approximately 100 employees reported the incident. The women confided that they felt their privacy was violated when they were asked to strip naked and stand in groups while undergoing the test and being asked intimate questions about their pregnancy history. The Surat municipal commissioner formed a committee to investigate the allegations.
Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, or violence.
The law prohibits the use of all technologies for the purpose of sex selection before or after conception. Nevertheless, although not widely enforced, policies and guidelines that penalized families with more than two children remained in place in various states. Certain states continued to maintain quotas for government jobs and subsidies for adults with no more than two children.
Many states promoted female sterilization as a family planning method, which has resulted in risky, substandard procedures and limited access to nonpermanent methods. The national government does not have the authority to regulate state public health policies. Some women, particularly poor and lower-caste women, were reportedly pressured to have tubal ligations, hysterectomies, or other forms of sterilization.
Almost all states implement “girl child promotion” programs, intended to counter prenatal sex selection. In 2015 the government launched the Beti Bachao Beti Padhao program to address a decline in the child sex ratio. According to government data, the sex ratio at birth improved from 918 girl-births for every 1,000 boy-births in 2014-2015 to 934 girl-births for every 1,000 boy-births in 2019-2020 due to the program.
The government recognized the role of health-care professionals in treating survivors of sexual violence and implemented protocols that meet the international standards for such medical care. Government directives instruct health facilities to ensure survivors of all forms of sexual violence receive immediate access to health care services, including emergency contraception, police protection, emergency shelter, forensic services, and referrals for legal aid and other services. Implementation of the guidelines was uneven, however, due to limited resources and social stigma.
For some populations, limited access to quality reproductive and maternal health care services–including prenatal care, skilled care at childbirth, and support in the weeks after childbirth–contributed to high maternal mortality. The government Office of the Registrar General Special Bulletin on Maternal Mortality in India 2016-18 estimated that the maternal mortality ratio declined to 113 deaths per 100,000 live births in 2016-2018 from 130 deaths per 100,000 live births in 2014-2016.
Care received by women, especially those from marginalized and low-income groups, at public health facilities was often inadequate, contributing to a reluctance to seek treatment. Although government initiatives resulted in a significant increase in institutional births, there were reports that health facilities continued to be overburdened, underequipped, and undersupplied.
Coercion in Population Control: There were reports of coerced and involuntary sterilization. The government promoted female sterilization as a form of family planning for decades. Some women, especially poor and lower-caste women, reportedly were pressured by their husbands and families to have tubal ligations or hysterectomies. The government provided monetary compensation for the wage loss, transportation costs, drugs and dressing, and follow-up visits to women accepting contraceptive methods, including voluntary sterilization. There were no formal restrictions on access to other forms of family planning; however, despite recent efforts to expand the range of contraceptive choices, voluntary sterilization remained the preferred method due to the costs and limited availability of alternative contraceptive choices.
Policies penalizing families with more than two children remained in place in seven states, but some authorities did not enforce them. There were reports these policies created pressure on women with more than two children to use contraception, including permanent methods such as sterilization, or even termination of subsequent pregnancies. Certain states maintained government reservations for government jobs and subsidies for adults with no more than two children and reduced subsidies and access to health care for those who have more than two.
To counter sex selection, almost all states introduced “girl child promotion” plans to promote the education and well-being of girls, some of which required a certificate of sterilization for the parents to collect benefits.
Discrimination: The law prohibits discrimination in the workplace and requires equal pay for equal work, but employers reportedly often paid women less than men for the same job, discriminated against women in employment and credit applications, and promoted women less frequently than men.
Many tribal land systems, including in Bihar, deny tribal women the right to own land. Other laws or customs relating to the ownership of assets and land accord women little control over land use, retention, or sale.
In February, Minister of Women and Child Development Smriti Irani told the lower house of parliament the sex ratio at birth was showing “improving trends” and increased from 918 to 931 per 1,000 live births at the national level between 2014 and 2019. Additionally, 395 of 640 districts, according to the 2011 census, showed improvements in the sex ratio during the same period.
According to media reports, the taboo and fear of giving birth to a girl child drove some women toward sex-selective abortion or attempts to sell the baby. Dowry, while illegal, carried a steep cost, sometimes bankrupting families. Women and girl children were ostracized in some tribal communities.
Birth Registration: The law establishes state government procedures for birth registration. UNICEF estimated authorities registered 58 percent of national births each year. Children lacking citizenship or registration may not be able to access public services, enroll in school, or obtain identification documents later in life.
Education: The constitution provides free education for all children from ages six to 14, with a compulsory education age through age 15, but the government did not always comply with this requirement. The World Economic Forum’s 2018Gender Gap Report revealed that enrollment rates for both male and female students dropped by nearly 30 percent between primary and secondary school. Additionally, the report found that, while girls had a slight lead in primary and secondary education enrollment rates, boys had greater educational attainment at all levels.
Data from NGO Pratham’s 2019Annual Status of Education Report(Rural) noted in January that when there was a paucity of resources and parents had to choose which child to invest in, they chose to provide “better quality” education to sons in the family.
According to UNICEF, more than 60 percent of secondary-school-age children with disabilities did not attend school. Additionally, since the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.
Child Abuse: The law prohibits child abuse, but it does not recognize physical abuse by caregivers, neglect, or psychological abuse as punishable offenses. Although banned, teachers often used corporal punishment.
The India Child Protection Fund reported increased incidences of cyber or sexual abuse involving children (such as increased consumption of child pornography). With children spending more time indoors and online, often without supervision, especially during the COVID-19 pandemic, the report expressed concern that children were more vulnerable to online sexual predators.
On June 28, Kerala police arrested 47 persons across the state as a result of a large-scale investigation into online child sexual exploitation. According to a senior police official, there was a 120 percent increase in child sexual exploitation cases during the national lockdown in Kerala.
In July child rights advocates released Rights of Children in the Time of COVID-19, which contained sector-specific recommendations for state action to protect the rights of children during the pandemic. The release of the report was attended by two recently retired justices of the Supreme Court and various government officers and child rights experts and endorsed by 212 individuals and organizations.
The government sponsored a toll-free 24-hour helpline for children in distress. From January through July, the national CHILDLINE hotline for children in distress received more than 39,490 calls from the southern states of Karnataka, Kerala, and Tamil Nadu. The CHILDLINE officials noted calls concerned shelter, medical aid, child marriage, and the abuse of children.
On February 25, the Madras High Court reversed a prior lower court judgment that exonerated two teachers from allegations of sexual harassment. The court sentenced G. Nagaraj and G. Gugazhenthi to prison for three and five years, respectively, for sexually harassing several female adolescent students.
Child, Early, and Forced Marriage: The law sets the legal age of marriage for women at 18 and men at 21, and it empowers courts to annul early and forced marriages. The law does not characterize a marriage between a girl younger than 18 and a boy younger than 21 as illegal, but it recognizes such unions as voidable. The law also sets penalties for persons who perform, arrange, or participate in child marriages. Authorities did not consistently enforce the law nor address girls who were raped being forced into marriage.
In June the government constituted a task force to review the increase of the minimum permissible age for marriage of girls from 18 to 21 years. Prime Minister Modi made a special announcement of the government’s review, and there was significant advocacy against the proposal by women and child rights advocates who believed the change would limit young adults’ autonomy. Additionally, critics believed the proposal did not address the core issues regarding child marriage, such as extreme poverty and lack of education.
The law establishes a full-time child-marriage prohibition officer in every state to prevent child marriage. These individuals have the power to intervene when a child marriage is taking place, document violations of the law, file charges against parents, remove children from dangerous situations, and deliver them to local child-protection authorities.
Although the UN Population Fund (UNFPA) State of World Population 2020 report showed a decline in child marriages over the past decade, UN demographers feared the COVID-19 pandemic would have adverse effects on this progress. According to media reports, West Bengal saw more than 500 cases of child marriage between March and June during the COVID-19 national lockdown. Officials reported that in most cases underage girls were forced to marry because of their family’s loss of earnings and financial distress caused by the lockdown.
Senior officials from Karnataka’s State Commission for Protection of Child Rights reported more than 100 child marriages were conducted in the state during the national lockdown. According to a commission senior official, there were more than 550 complaints of child marriages.
Media and children’s’ rights activists believed child marriages increased in Maharashtra during the pandemic. Santosh Shinde, a former member of Maharashtra’s State Commission for Protection of Child Rights, told media more than 200 cases of child marriage were reported between March and June. Shinde said that 90 percent of these marriages were averted with the help of local authorities and vigilant local citizens. Other activists echoed the increased economic vulnerability of children due to the pandemic and the push for families to marry off their preteen daughters largely for economic benefits.
Sexual Exploitation of Children: The law prohibits child pornography and sets the legal age of consent at 18. It is illegal to pay for sex with a minor, to induce a minor into prostitution or any form of “illicit sexual intercourse,” or to sell or buy a minor for the purposes of prostitution. Violators are subject to 10 years’ imprisonment and a fine.
The law provides for at least one special court dedicated to sexual offenses against children (POCSO courts) to be set up in each district, although implementation of this provision lagged. In a December 2019 judgment, the Supreme Court gave a 60-day deadline to set up such courts in all districts with more than 100 pending cases of child sexual abuse.
Civil society welcomed these improvements in prosecution of sexual crimes against children; however, critics raised concern regarding the law for the potential to criminalize adolescents engaging in consensual sexual behavior. NCRB data showed that the number of 16- to 18-year-old “victims” under the POCSO Act was higher than the number of child victims from all the other age groups. The result of this trend was that a number of adolescent boys entered the juvenile justice system charged with rape.
On March 13, the Ministry of Women and Child Development published new rules to protect children from sexual offenses. The rules provide for speedier compensation, increasing public awareness about CHILDLINE services, and providing legal aid assistance. In addition the rules provide a directive to state governments to enact a child protection policy to ensure the prohibition of violence against children. A new provision that directs immediate financial help to victims of child sexual abuse by the Child Welfare Committees was also introduced. NGOs noted the procedure was not being implemented in a regular fashion by the committees.
In June the Delhi High Court held it is mandatory to issue notice to a complainant to ensure their presence in every bail application filed by the accused in their case. This ensures the complainant is informed of the proceedings and gets an opportunity to argue against bail. Other high courts were following suit. For instance, in July the Orissa High Court issued similar directions to the POCSO courts operating under its jurisdiction.
In June the Delhi High Court held that under the POCSO Act, 2012, and the POCSO Rules, 2020, there is no bar on a victim applying for monetary compensation more than once if their circumstances required. This was significant, since legal cases typically last for years, and a victim’s needs may grow as time passes.
The West Bengal High Court criticized the state police for not completing investigations on time in POCSO cases, a practice that led to automatic bail for the accused persons. The court directed that despite the COVID-19 pandemic, investigations must be completed on time so that the accused persons do not benefit from a delay on the part of police. A similar problem was noted in other states as well, for instance in Bihar and Delhi.
The Kerala High Court observed police officials investigating POCSO cases lacked training and related sensitivity required to handle matters pertaining to cases of child sex abuse. Collection of evidence often did not consider the trauma that the victim suffered, further deteriorating the quality of the investigation process.
Media report instances of authorities not registering cases of child sexual abuse when they are first reported. In August a POCSO court in Kerala issued a notice to police for not registering a case against doctors who knew of a child sexual abuse case but did not report it to police.
There was a continued focus on providing speedy justice to victims of sexual abuse. A 2016 study by the NGO Counsel to Secure Justice highlighted a large number of child sexual abuse cases were pending trial or delayed in trial.
Displaced Children: Displaced children, including refugees, IDPs, and street children, faced restrictions on access to government services (see also section 2.d.).
Institutionalized Children: Lax law enforcement and a lack of safeguards encouraged an atmosphere of impunity in several group homes and orphanages.
In 2018 the National Commission for the Protection of Child Rights estimated 1,300 of the country’s approximately 9,000 shelters for vulnerable individuals were not registered with the government and operated with little or no oversight. In several cases government-funded shelter homes continued to operate despite significant gaps in mandatory reporting and allegations of abuse, at times due to alleged political connections. Police documented at least 156 residents, including sex trafficking victims, missing from six shelters as of March; at least one shelter owner had reportedly sold some of the women and girls for prostitution.
In April the Supreme Court directed state governments to improve the handling of the COVID-19 crisis among institutionalized children. The states were asked to file detailed reports, and various guidelines were issued to different child-care institutions on how to deal with the pandemic-induced crisis.
On June 24, the All India Democratic Women’s Association submitted a memorandum to the NHRC regarding the COVID-19 outbreak in the government-run shelter home for girls in Kanpur, Uttar Pradesh. Fifty-seven minor girls tested positive for the virus, five of whom were also found to be pregnant. The women’s association asserted poor handling of the first cases of COVID-19 in the shelter home, extreme overcrowding, and poor sanitary conditions exacerbated the spread of the virus and pointed to the neglect of the state government. The association, NHRC, and state commission for women demanded proper treatment for the girls and detailed reports regarding the case.
In January the Supreme Court revised the Juvenile Justice (Care and Protection of Children) Act, 2015 to prevent fewer children being tried as adults. The Supreme Court ruled that children can be tried as an adult only for “heinous” crimes that have a minimum punishment of seven years. In view of this judgment, the Juvenile Justice Board may conduct a preliminary assessment into a child’s mental and physical capacity to decide whether the child should be tried as an adult.
The constitution does not explicitly mention disability. The law provides equal rights for persons with a variety of disabilities, and a 2016 law increased the number of recognized disabilities, including persons with Parkinson’s disease and victims of acid attacks. The law set a two-year deadline for the government to provide persons with disabilities with unrestricted free access to physical infrastructure and public transportation systems.
The law also reserves 3 percent of all educational places and 4 percent of government jobs for persons with disabilities. The government allocated funds to programs and NGOs to increase the number of jobs filled. In 2017 a government panel decided that private news networks must accompany public broadcasts with sign language interpretations and closed captions to accommodate persons with disabilities.
Despite these efforts, problems remained. Private-sector employment of persons with disabilities remained low, despite governmental incentives. Discrimination against persons with disabilities in employment, education, and access to health care was more pervasive in rural areas, and 45 percent of the country’s population of persons with disabilities were illiterate. There was limited accessibility to public buildings.
The Ministry of Health and Family Welfare estimated 25 percent of individuals with mental disabilities were homeless. Mainstream schools remained inadequately equipped with teachers trained in inclusive education, resource material, and appropriate curricula. Patients in some mental-health institutions faced food shortages, inadequate sanitary conditions, and lack of adequate medical care. HRW reported women and girls with disabilities occasionally were forced into mental hospitals against their will.
The constitution prohibits caste discrimination. The registration of castes and tribes continued for the purpose of affirmative action programs, as the federal and state governments continued to implement programs for members of lower-caste groups to provide better-quality housing, quotas in schools, government jobs, and access to subsidized foods. The UN’s 2020 Multidimensional Poverty Index noted approximately 273 million individuals moved out of multidimensional poverty during the past 10 years. Previous reports showed Muslims, members of the Scheduled Tribes, and Dalits experienced the greatest reduction in poverty. Discrimination based on caste, however, remained prevalent, particularly in rural areas. Critics claimed many of the programs to assist the lower castes suffered from poor implementation, corruption, or both.
The term Dalit, derived from Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest of the Scheduled Castes. According to the 2011 census, Scheduled Caste members constituted 17 percent of the population (approximately 200 million persons).
Although the law protects Dalits, there were numerous reports of violence and significant discrimination in access to services, such as health care, education, access to justice, freedom of movement, access to institutions (such as temples), and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits, and those who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without monetary remuneration. Reports from the UN Committee on the Elimination of Racial Discrimination described systematic abuse of Dalits, including extrajudicial killings and sexual violence against Dalit women. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.
Several incidents of discrimination, atrocities, and insults against Dalits were reported in Andhra Pradesh during the year. On July 31, Kula Vivaksha Porata Samithi, an anticaste discrimination organization, alleged 150 such incidents occurred in the state during the previous four months.
On July 20, police in Andhra Pradesh summoned I. Vara Prasad, a 23-year-old Dalit, to the police station in connection with a dispute in his village and allegedly beat him and shaved his head and moustache, which are considered symbolic acts to insult Dalits. A subinspector and two constables were suspended and arrested under various sections of the penal code and Schedules Castes and Scheduled Tribes Atrocities (Prevention) Act.
NGOs reported Dalit students were sometimes denied admission to certain schools because of their caste, required to present caste certification prior to admission, barred from morning prayers, asked to sit in the back of the class, or forced to clean school toilets while being denied access to the same facilities. There were also reports teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.
Manual scavenging–the removal of animal or human waste by Dalits–continued despite its legal prohibition. HRW reported that children of manual scavengers faced discrimination, humiliation, and segregation at village schools. Their occupation often exposed manual scavengers to infections that affected their skin, eyes, and respiratory and gastrointestinal systems. Health practitioners suggested children exposed to such bacteria were often unable to maintain a healthy body weight and suffered from stunted growth.
The constitution provides for the social, economic, and political rights of disadvantaged groups of indigenous persons. The law provides special status for indigenous individuals, but authorities often denied them their rights in practice.
In most of the northeastern states, where indigenous groups constituted the majority of the states’ populations, the law provides for tribal rights, although some local authorities disregarded these provisions. The law prohibits any nontribal person, including citizens from other states, from crossing a government-established inner boundary without a valid permit. No one may remove rubber, wax, ivory, or other forest products from protected areas without authorization. Tribal authorities must also approve the sale of land to nontribal persons.
In August the Chhattisgarh state government announced it would provide approximately $5,400 to the families of 32 tribe members who were killed by Maoist (Naxal) insurgents at a government relief camp in 2006. At that time local tribe members were forced into relief camps due to the conflict between the state-supported anti-Naxal vigilante group Salwa Judum and Maoists. The previous state government had granted assistance of approximately $1,300 to each victim’s family.
NGO activists reported heightened discrimination and violence against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community in the eastern area of the country during the COVID-19 lockdown.
LGBTI persons faced physical attacks, rape, and blackmail. LGBTI groups reported they faced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police committed crimes against LGBTI persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.
In December 2019 parliament passed the Transgender Persons (Protection of Rights) Act, which prohibits discrimination towards transgender persons in education, health care, employment, accommodation, and other matters related to public facilities and services. According to media reports, activists viewed parts of the act as violating the right to choose gender and erecting barriers for transgender individuals to be recognized. The provisions include a requirement of transgender persons to register with the government and provide proof of having undergone gender confirmation surgery to be recognized under the act.
On May 12, five transgender individuals brought a public-interest litigation case to the Kerala High Court in protest of the living conditions of transgender communities in the state during the national lockdown. On June 8, the Kerala High Court directed the state government to provide free medicine and access to medical treatment, as well as identity and ration cards, to members of the transgender community.
On July 2, media reported the minister of state for social justice and empowerment noted the government has a responsibility to formulate programs to support the livelihood of transgender persons according to clauses in the Transgender Persons (Protection of Rights) Act.
On August 24, the Orissa High Court ruled that same-sex partners have a right to live together, and by law the female partner has a right to seek protection in the case of separation. The court ruled this in a case of two women, one of whom exercised her right to “self-gender determination” under a 2014 Supreme Court verdict and preferred to be addressed as a male. The male partner filed a habeas corpus petition seeking restoration of his female partner, who had been confined by her family at home.
The number of new HIV cases decreased by 57 percent over the past decade. According to official government records, there were 191,493 newly diagnosed cases in 2017. The epidemic persisted among the most vulnerable and high-risk populations that include female sex workers, men who have sex with men, transgender persons, and persons who inject drugs. UNAIDS 2018 data indicated that new HIV infections were declining among sex workers and men who have sex with men, although stigma related to key populations continued to limit their access to HIV testing and treatment. The data showed 79 percent of individuals were aware of their HIV status and 71 percent with HIV were on HIV treatment.
From April 2017 to March 2018, Telangana registered a 19 percent decline in new cases of HIV, compared with April 2016 to March 2017. According to a Telangana government official, HIV prevalence in Tamil Nadu, Telangana, and Andhra Pradesh was almost four times the national average.
According to the HIV Estimations 2017 report released by the National AIDS Control Organization, the eight states of Maharashtra, Andhra Pradesh, Karnataka, Telangana, Uttar Pradesh, Gujarat, Bihar, and West Bengal contributed almost two-thirds of annual HIV infections in the country.
The National AIDS Control Program prioritized HIV prevention, care, and treatment interventions for high-risk groups and advocated for the rights of persons with HIV. The National AIDS Control Organization worked actively with NGOs to train women’s HIV/AIDS self-help groups. Police engaged in programs to strengthen their role in protecting communities vulnerable to human rights violations and HIV.
In September 2018 the Ministry of Health announced the creation of rules to implement the 2017 HIV and AIDS (Prevention and Control) Bill in response to a public interest litigation filed with the Delhi High Court. The bill was designed to prevent discrimination in health care, employment, education, housing, economic participation, and political representation for those with HIV and AIDS.
Societal violence based on religion and caste and by religiously associated groups continued to be a serious concern. Muslims and lower-caste Dalit groups continued to be the most vulnerable. Ministry of Home Affairs data for 2016-17 showed 703 incidents of communal (religious) violence occurred in which 86 persons were killed and 2,321 injured. According to the NHRC, there were 672 cases of discrimination and victimization against Scheduled Castes and 79 cases against minorities in 2018-19.
In April media reported state-run public Ahmedabad Civil Hospital set up segregated wards for Muslim and Hindu patients “as per [the] government decision” in a treatment facility for COVID-19 patients. Following media uproar and widespread criticism, the segregation of patients on the basis of faith was revoked, according to Muslim community sources.
In May the Rajasthan High Court granted bail to two of the four men accused in the 2018 attempted lynching of cattle trader Rakbar Khan, who later died in custody. Villagers reportedly assaulted Khan on suspicion of cow smuggling before authorities detained him. Police took four hours to transport Khan to a local hospital 2.5 miles away, reportedly stopping for tea along the way, according to media sources. Doctors declared Khan dead upon arrival.
On June 17, the Telangana High Court held the state police to account for arresting a “disproportionately high number of Muslims” for violating COVID-19 lockdown restrictions. The court noted police often used excessive force when enforcing the lockdown rules. For example, the court cited the case of a Muslim volunteer, arrested while distributing food to migrants, who required 35 stiches on his face due to police brutality. The court asked the state principal secretary for home and the director general of police to submit documentary evidence in support of their claim that action had been taken against police officials who used excessive force.
On July 14, the Untouchability Eradication Front of the Communist Party of India (Marxist) issued a report that identified 81 violent crimes against Dalits throughout Tamil Nadu, including rape and murder, during the national lockdown.
In November the Uttar Pradesh state government passed the Prohibition of Unlawful Conversion of Religious Ordinance, 2020, making forced religious conversion by marriage a criminal offense punishable by up to 10 years in prison and requiring individuals converting to another religion to notify authorities no later than 60 days prior. Opposition leaders, media, and civil society groups criticized the law as violating constitutional protections on freedom of religion and reinforcing derogatory stereotypes of Muslim men using marriage to coerce Hindu women into religious conversions, often referred to as “love jihad.” Media reports indicated the Uttar Pradesh state government filed several criminal cases against Muslim men after the passage of the law. In December the Madhya Pradesh state government passed similar legislation regulating interfaith couples and religious conversion.
Indonesia
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law prohibits rape, domestic abuse, and other forms of violence against women. The legal definition of rape covers only forced penetration of sexual organs, and filing a case requires a witness or other corroboration. Rape is punishable by four to 14 years in prison. While the government imprisoned some perpetrators of rape and attempted rape, sentences were often light, and many convicted rapists received the minimum sentence. Marital rape is not a specific criminal offense in law but is covered under “forced sexual intercourse” in national legislation on domestic violence and may be punished with criminal penalties.
The National Commission on Violence against Women’s annual report recorded a 6-percent increase in known cases of all types of violence against women over the 2019 report. According to the report, the majority of incidents were domestic violence cases. Civil society activists underscored that many cases go unreported, as many victims do not report abuse because of fear of social stigma, shame, and lack of support from friends and family. According to the national commission, from January to May there were 892 reported cases of violence against women, with the majority occurring after lockdown policies were implemented in response to the COVID-19 pandemic. This figure is equivalent to 63 percent of total cases reported during the entirety of 2019.
Civil society organizations operated integrated service centers for women and children in all 34 provinces and approximately 436 districts and provided counseling and support services of varying quality to victims of violence. Larger provincial service centers provided more comprehensive psychosocial services. Women living in rural areas or districts with no such center had difficulty receiving support services, and some centers were only open for six hours a day, not the required 24 hours. Nationwide, police operated “special crisis rooms” or “women’s desks” where female officers received reports from female and child victims of sexual assault and trafficking and where victims found temporary shelter.
In addition to 32 provincial-level anti-trafficking-in-persons task forces, the government has 251 task forces at the local (district or city) level, which were usually chaired by the head of the local integrated service center or of the local social affairs office.
Female Genital Mutilation/Cutting (FGM/C): FGM/C reportedly occurred regularly. A 2017 UNICEF report based on 2013 government data estimated that 49 percent of girls age 11 and younger underwent some form of FGM/C, with the majority of girls subjected to the procedure before they were six months old. Media reports said that annual mass circumcisions still occur, including ceremonies organized by the As-Salaam Foundation, which paid parents to allow their daughters to undergo the Type IV procedure which, according to the World Health Organization, includes pricking, scraping, or piercing for nonmedical reasons. National law prohibiting this practice has never been tested in court as nobody has ever been charged for performing FGM/C.
The Ministry of Women’s Empowerment and Child Protection continued to lead official efforts to prevent FGM/C. In 2019 the ministry created an intergovernmental roadmap with the aim of eliminating FGM/C by 2030. The strategy involves building an anti-FGM/C consensus from the bottom up, beginning with efforts to develop more complete data on FGM/C to attract public attention, dispel old myths, and measure progress on stopping the practice. The roadmap also involves working with local religious and community leaders to educate the public about the harmful effects of FGM/C.
Sexual Harassment: The law prohibiting indecent public acts serves as the basis for criminal complaints stemming from sexual harassment. Violations are punishable by imprisonment of up to two years and eight months and a small fine. Civil society and NGOs reported sexual harassment was a problem countrywide. In July the House of Representatives dropped a long-sought sexual violence eradication bill from the year’s legislative program, using delays imposed by the COVID-19 pandemic as an excuse. Sexual violence victims and victim rights activists were disappointed by this decision, and a coalition of organizations (the Women’s Anti-Violence Movement Alliance) organized weekly protests in front of House of Representatives to push for the bill’s passage.
Reproductive Rights: While the law recognizes the basic right of couples and individuals to decide the number, spacing, and timing of their children, other regulations impact its effective implementation for women.
By law the government must provide information and education on reproductive health that do not conflict with religious or moral norms. NGOs reported that government officials attempted to restrict the provision of reproductive health information related to contraceptives and other services deemed as conflicting with religious or moral norms.
According to 2017 data from the Ministry of Health, 57 percent of married women used modern contraception. WHO data from 2019 showed that 78 percent of women of reproductive age (15 to 49 years old) believed their family planning needs were satisfied with modern methods. While condoms were widely available, regulations require husbands’ permission for married women to obtain other forms of birth control. Local NGOs reported that unmarried women found it difficult to obtain contraceptives through health care systems. Media and NGOs reported such women were stigmatized, including by health-care staff who repeatedly asked about marital status and sometimes turned away unmarried women seeking routine procedures such as pap smears.
The United Nations Population Fund reported that the COVID-19 pandemic disrupted access to family planning and reproductive services. The National Agency for Population and Family Planning reported that approximately 10 percent of its clients dropped out of its programs during the pandemic and warned of a “pandemic baby boom.”
NGOs reported that reproductive health services are not consistently provided to victims of sexual violence. NGOs reported rape victims sometimes experienced difficulties obtaining emergency contraceptives from medical providers.
According to 2017 World Health Organization (WHO) data, the maternal mortality rate was 177 per 100,000 live births, down from 184 in 2016. According to Ministry of Health data from 2019, 91 percent of live births were attended by health professionals, of whom 63 percent were midwives, 30 percent doctors or nurses, and 6 percent traditional healers. The ministry estimated in the same year that 89 percent of pregnant women received four or more prenatal care visits. In 2017 UNICEF reported that 87 percent of women received postnatal care within two days of giving birth. According to 2018 WHO data, the adolescent birth rate was 36 per 1,000 women aged 15 to 19.
The Ministry of Health and NGOs identified several factors contributing to the maternal mortality rate, including lack of training for midwives and traditional birth attendants, continued lack of access to basic and comprehensive emergency obstetric care, and limited availability of essential maternal and neonatal medications. Hospitals and health centers did not always properly manage complicated procedures, and financial barriers and the limited availability of qualified health personnel caused problems for referrals in case of complications. A woman’s economic status, level of education, and age at first marriage also affected maternal mortality.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides the same legal status and rights for women and men in family, labor, property, and nationality law, but it does not grant widows equal inheritance rights. The law states that women’s work outside their home must not conflict with their role in improving family welfare and educating the younger generation. The law designates the man as the head of the household.
Divorce is available to both men and women. Many divorced women received no alimony, since there is no system to enforce such payments. The law requires a divorced woman to wait 40 days before remarrying; a man may remarry immediately.
The National Commission on Violence against Women viewed many local laws and policies as discriminatory. These included “morality laws” and antiprostitution regulations. More than 70 local regulations in various locations throughout the country require women to dress conservatively or wear a headscarf. In June the regent of Central Lombok ordered all female Muslim civil servants to wear a cadar or niqab Islamic face covering instead of a facemask as part of the battle against the COVID-19 pandemic. Human rights activists viewed this instruction as discriminatory since male civil servants and non-Muslim women faced no restrictions on their attire. The Ministry of Home Affairs is responsible for “harmonizing” local regulations that are not in line with national legislation and may recommend to the Constitutional Court that local regulations be overturned. To date the ministry has not invoked this authority.
Women faced discrimination in the workplace, both in hiring and in gaining fair compensation (see section 7.d.).
Birth Registration: Citizenship is derived through one’s parents or through birth in national territory. Birth registration may be denied if the citizenship of the parents cannot be established. Without birth registration, families may face difficulties in accessing government-sponsored insurance benefits and enrolling children in schools.
The law prohibits fees for legal identity documents issued by the civil registry. Nevertheless, NGOs reported that in some districts local authorities did not provide free birth certificates.
Education: Although the constitution states that the government must provide free education, it does not cover fees charged for schoolbooks, uniforms, transportation, and other nontuition costs. The Ministry of Education and Culture, representing public and private schools, and the Ministry of Religious Affairs for Islamic schools and madrassahs, operated a system giving students from low-income families a financial grant for their educational needs. Nonetheless, high poverty rates nationwide put education out of reach for many children.
According to the National Statistics Agency’s most recent data, in 2017 approximately two million children ages seven to 15 did not attend primary or secondary school, and the enrollment rate in some districts was as low as 33 percent.
Child Abuse: The law prohibits child abuse, but NGOs criticized the slow police response to such allegations. The law also addresses economic and sexual exploitation of children. Some provincial governments did not enforce these provisions. In June a church caretaker was arrested for allegedly molesting at least 20 altar boys between the ages of 11 and 15 since 2002. He faced five to 15 years’ imprisonment and a substantial fine. The same month police arrested a French retiree resident in Jakarta on charges he molested more than 300 children and beat those who refused to have sex with him. He was also accused of videotaping these children, and police were investigating whether he attempted to sell the videos. According to police, he committed suicide in July while in custody before his trial was completed.
Child, Early, and Forced Marriage: In September 2019 the national legislature raised the minimum marriage age for women from 16 to 19; it was already 19 for men. Exceptions to the minimum age requirements are allowed with court approval. The courts officially permitted more than 33,000 child marriages with parental consent between January and June of this year, a significant increase over the 24,000 child marriages permitted in the whole of 2019. Children’s rights activists are concerned that increased economic pressure from COVID-19 may be leading parents to resort to child marriage to reduce the economic burden on their households. The National Statistics Agency reported in 2018 that approximately 11 percent of girls in the country marry before the age of 18. Provinces with the highest rates of early marriage include West Sulawesi, Central Kalimantan, Southeast Sulawesi, South Kalimantan, and West Kalimantan. The main drivers of early marriage are poverty, cultural tradition, religious norms, and lack of sexual reproductive health education.
The reduction of child marriage is one of the targets set in the National Mid-Term Development Plan 2020-2024. The government aims to reduce new child marriages in the country to 8.7 percent of all marriages by 2024. On February 4, the government launched a National Strategy on the Prevention of Child Marriage.
Sexual Exploitation of Children: The law forbids consensual sex outside of marriage with girls younger than 15. It does not address heterosexual acts between women and boys, but it prohibits same-sex sexual acts between adults and minors.
The law prohibits the commercial sexual exploitation of children and the use of children in illicit activities. It also prohibits child pornography and prescribes a maximum sentence of 12 years and a substantial fine for producing or trading in child pornography.
According to 2016 data, the most recent available from the Ministry of Social Affairs, there were 56,000 underage sex workers in the country; UNICEF estimated that nationwide 40,000 to 70,000 children were victims of sexual exploitation and that 30 percent of female commercial sex workers were children.
Displaced Children: The most recent Ministry of Social Affairs data from 2017 estimated there were 16,000 street children in the country. The government continued to fund shelters administered by local NGOs and paid for the education of some street children. The social welfare ministry in 2019 indicated that 183,104 children were registered in its Integrated Social Welfare Data system, of whom 106,406 were residing in child welfare institutions, with 76,698 in family placement. The ministry indicated that 8,320 street children were receiving assistance, although NGOs noted that the actual number of street children was significantly higher.
The country’s Jewish population was extremely small, estimated at approximately 200. There were no significant reports of anti-Semitism during the year, but studies in recent years indicated a high level of anti-Semitic sentiment.
The law prohibits discrimination against persons with physical and mental disabilities and mandates accessibility to public facilities for persons with disabilities. The law applies to education, employment, health services, and other state services but was seldom enforced. Comprehensive disability rights law provisions impose criminal sanctions for violators of the rights of persons with disabilities.
Vulnerable segments of society, including persons with disabilities, have been disproportionately affected by the COVID-19 crisis. They have experienced difficulties accessing information on the pandemic, adopting virus-related public health strategies, and receiving health care from service providers.
According to government data, approximately 30 percent of the 1.6 million children with disabilities had access to education. More than 90 percent of blind children reportedly were illiterate. In February and July, the government issued new regulations requiring courts be made accessible for persons with disabilities and that educational facilities at all levels be made accessible for persons with disabilities.
According to the General Election Commission, there were potentially 137,247 voters with disabilities out of 105 million voters registered to vote in regional head elections. The numbers, however, may change as voter verification continues. The law provides persons with disabilities the rights to vote and run for office and election commission procedures provide for access to the polls for voters with disabilities.
Despite a government ban, NGOs reported that families, traditional healers, and staff in institutions continued to shackle individuals with psychosocial disabilities, in some cases for years. The government continued to prioritize elimination of this practice, and the Ministry of Social Affairs signed memoranda of understanding with relevant ministries and law enforcement agencies to increase coordination to address the issue. While recognizing incidents of “shackling” continued to decline, NGOs noted a lack of public awareness of the issue.
The government views all citizens as “indigenous” but recognizes the existence of several “isolated communities” and their right to participate fully in political and social life. The Indigenous Peoples’ Alliance of the Archipelago estimated that between 50 and 70 million indigenous persons were in the country. These communities include the Dayak tribes of Kalimantan, families living as sea nomads, and the 312 officially recognized indigenous groups in Papua. Indigenous persons, most notably in Papua and West Papua, were subjected to discrimination, and there was little improvement in respect for their traditional land rights. The government failed to prevent companies, often in collusion with local military and police units, from encroaching on indigenous persons’ land. Central and local government officials were also alleged to have extracted kickbacks from mining and plantation companies in exchange for land access at the expense of indigenous peoples.
Mining and logging activities, many of them illegal, posed significant social, economic, and legal problems for indigenous communities. Melanesians in Papua cited racism and discrimination as drivers of violence and economic inequality in the region.
Since 2016 the government has granted more than 50,000 acres of forest concessions to nine local indigenous groups. These hutan adat (customary forest) land grants were a new land classification specifically designated for indigenous groups. Nevertheless, access to ancestral lands remained a major source of tension throughout the country, and large corporations and the government continued to displace individuals from ancestral lands.
On February 17, police arrested Dilik Bin Asap and Hermanus Bin Bison following allegations by palm oil company PT Hamparan Masawit Bangun Persada that the two men had harvested fruit on land claimed by the company in Lamandau District, Central Kalimantan. The land is also claimed by local Dayak villagers who said the government improperly issued a land concession to the company that overlaps with Dayak lands. Community lobbying efforts to resolve the dispute have remained unsuccessful.
On March 7, Jakarta police also arrested farmer and land rights activist James Watt, who had gone to Jakarta to report the arrests of Dilik and Hermanus to the National Human Rights Commission. Following Watt’s arrest, he was returned to Kalimantan and charged with orchestrating the alleged improper use of land. On April 26, Watt’s codefendant Bin Bison died in pretrial detention. Authorities denied petitions from his lawyers for his release for medical treatment as his condition worsened. On June 15, a local court convicted Bin Asap and Watt of the theft. The two announced plans to appeal.
In August in connection with the same dispute, police arrested Effendi Buhing, leader of the local Dayak indigenous community, for directing locals to steal equipment from the palm oil company. Police released Effendi after two days in detention. Effendi subsequently reported his arrest to the National Human Rights Commission.
No national law criminalizes same-sex sexual activity, except between adults and minors. Aceh’s sharia law makes consensual same-sex sexual activities illegal and punishable by a maximum of 100 lashes, a considerable fine, or a 100-month prison term. According to Aceh’s sharia agency chief, at least four witnesses must observe individuals engaging in consensual same-sex sexual activities for them to be charged. Local organizations held anti-LGBTI protests.
Producing media depicting consensual same-sex sexual activity–vaguely and broadly defined in the law–is often prosecuted as a crime under the antipornography act. Penalties include potentially extremely large fines and imprisonment from six months to 15 years, with heavier penalties for crimes involving minors.
In September police arrested nine persons suspected of organizing a gay party at a Jakarta hotel. Police officials stated the nine were charged under pornography provisions of the criminal code. A coalition of NGOs protested the arrest, arguing that the activities did not constitute pornography under the law and that police exceeded their authority by arresting individuals for private conduct. Media reported police set up a special task force to investigate alleged homosexual activity.
Antidiscrimination law does not protect LGBTI individuals, and discrimination and violence against LGBTI persons continued. Families often put LGBTI minors into therapy, confined them to their homes, or pressured them to marry persons of the opposite sex.
According to media and NGO reports, local authorities harassed transgender persons, including by forcing them to conform to the cultural behavior associated with their biological sex, and forced them to pay bribes following detention. In many cases officials failed to protect LGBTI persons from societal abuse. Police corruption, bias, and violence caused LGBTI persons to avoid interaction with police. Officials often ignored formal complaints by victims and affected persons, including refusing to investigate bullying directed at LGBTI individuals. In criminal cases with LGBTI victims, police investigated the cases reasonably well, as long as the suspect was not affiliated with police. Human Rights Watch Indonesia noted anti-LGBTI rhetoric in the country has increased since 2016.
In April a transgender woman was burned to death in Jakarta after she was accused of stealing. Police arrested four individuals and the cases were with the Attorney General’s Office for prosecution.
Police arrested a social media personality after he posted a video of himself distributing boxes full of garbage disguised as food aid to transgender women. The victims settled the case and the charges were dropped. Members of the LGBTI community noted an increased level of intolerance after police in East Java opened six pedophilia cases against members of the LGBTI community in January and February.
Transgender persons faced discrimination in employment and access to public services and health care. NGOs documented government officials’ refusal to issue identity cards to transgender persons. The law only allows transgender individuals officially to change their gender after the completion of sex reassignment surgery. Some observers claimed the process was cumbersome and degrading because it is permissible only in certain undefined special circumstances and requires a court order declaring that the surgery is complete.
LGBTI NGOs operated but frequently held low-key public events because the licenses or permits required for holding registered events were difficult to obtain.
Stigmatization and discrimination against persons with HIV/AIDS were pervasive, despite government efforts to encourage tolerance. Societal tolerance varied widely and official fear of a backlash from religious conservatives often resulted in muted prevention efforts. Societal barriers to accessing antiretroviral drugs compounded expenses and put these drugs beyond the reach of many. Persons with HIV/AIDS reportedly continued to face employment discrimination. Closer collaboration between the Ministry of Health and civil society organizations increased the reach of the government’s awareness campaign; however, some clinics refused to provide services to persons with HIV/AIDS.
Individuals diagnosed with or suspected of having the COVID-19 virus faced discrimination in their communities.
Individuals suspected of using black magic were often targets of violence. In May a man was stabbed by someone accusing him of being a shaman. In July a mob attacked two men who were accused of using magic to multiply money.
Iran
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage. Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, the last in which conviction carries the death penalty. Rape victims also feared societal reprisal or ostracism. There were reports that approximately 80 percent of rape cases went unreported.
For a conviction of rape, the law requires four Muslim men or a combination of three men and two women or two men and four women, to have witnessed a rape. A woman or man found making a false accusation of rape is subject to 80 lashes.
The law does not prohibit domestic violence. Authorities considered abuse in the family a private matter and seldom discussed it publicly.
An April 10 article in IRNA noted a “dramatic increase” in domestic violence-related telephone calls to public social welfare hotlines. The State Welfare Organization sent a public text message the same day highlighting the existence of the hotlines. Calls to the hotlines reportedly doubled after the text message was sent, according to a government official. In a call with an expatriate media outlet, women’s rights activist Shahla Entesari also reported higher rates of domestic violence during pandemic-related lockdowns in the country.
In previous years assailants conducted “acid attacks” in which they threw acid capable of severe disfiguration at women perceived to have violated various “morality” laws or practices. Although the Guardian Council reportedly passed a law increasing sentences for the perpetrators of these attacks, the government continued to prosecute individual activists seeking stronger government accountability for the attacks. On October 11, a court sentenced Alieh Motalebzadeh to two years in prison for “conspiracy against state security” for advocating for women who were victims of acid attacks. Motalebzadeh was a member of the “One Million Signatures” campaign to change discriminatory laws against women. On October 29, authorities arrested Negar Masoudi for holding a photo exhibition featuring victims of “acid attacks” and for advocating to restrict the sale of acid.
Female Genital Mutilation/Cutting (FGM/C): The law criminalizes FGM/C and states, “the cutting or removing of the two sides of female genitalia leads to diyeh (financial penalty or blood money) equal to half the full amount of diyeh for the woman’s life.”
Little recent data were available on the practice inside the country, although older data and media reports suggested it was most prevalent in Hormozgan, Kurdistan, Kermanshah, and West Azerbaijan Provinces.
Other Harmful Traditional Practices: There were reports of killings motivated by “honor” or other harmful traditional practices during the year. There are no official statistics kept in the country concerning honor killings, but according to academic articles and university thesis estimates cited by the daily Ebtekar, every year between 375 and 450 such killings occur, in which mostly women are killed by their male relatives–including their husbands, fathers, and brothers–in the name of preserving the family’s “honor.”
The law reduces punitive measures for fathers and other family members who are convicted of murder or physically harming children in domestic violence or “honor killings.” If a man is found guilty of murdering his daughter, the punishment is between three and 10 years in prison rather than the normal death sentence or payment of diyeh for homicide cases.
In June, Reza Ashrafi reportedly beheaded his 14-year-old daughter, Romina Ashrafi, with a farming sickle because she had “run off” with her 29-year-old Sunni Muslim boyfriend. The father faced a maximum sentence of 10 years in prison because fathers are considered legal guardians and, unlike mothers, are exempt from capital punishment for murdering their children. In response to a national outcry over Ashrafi’s killing, on June 7, the Guardian Council approved a law making it a crime to emotionally or physically abuse or abandon a child, but the maximum sentence of 10 years for conviction of murder by a father of his daughter remains unchanged. Observers noted the Guardian Council had rejected three previous iterations of the bill. In August a court reportedly convicted and sentenced Ashrafi’s father to nine years in prison, sparking further outrage at the leniency of the sentence. Ashrafi’s mother said she planned to appeal the sentence to seek a tougher penalty.
Sexual Harassment: The law prohibits physical contact between unrelated men and women. There were no reliable data on the extent of sexual harassment, but women and human rights observers reported that sexual harassment was the norm in many workplaces. There were no known government efforts to address this problem.
In September al-Jazeera reported a female employee of a technology company detailed on social media sexual misconduct charges against a male executive in the company, and several other existing female and former employees reported being fired for reporting the misconduct to the company’s human resources officials. The company’s CEO reportedly promised an investigation into the employee and apologized to the women.
In October the New York Times reported numerous women in the country aired harassment allegations against more than 100 prominent men following inspiration from the global #MeToo movement. In interviews 13 women recounted details alleging 80-year-old artist Aydin Aghdashloo’s sexual misconduct spanning a 30-year period. According to the article, on October 12, Tehran police chief Hossein Rahimi announced that bookstore owner Keyvan Emamverdi confessed to raping 300 women after 30 women filed legal complaints against him. Police stated he would be charged with “corruption on earth,” a capital offense.
Reproductive Rights: The law recognizes the basic right of married couples to decide freely and responsibly the number, spacing, and timing of their children. Couples are entitled to reproductive health care, free from discrimination, coercion, and violence. It is illegal for a single woman to access contraception, although most single women had access to contraception, particularly in urban areas. Government health care previously included full free access to contraception and family planning for married couples. In 2012, on the Supreme Leader’s orders, the government ended the Family and Population Planning Program, and subsequent proposed legislation directed authorities to prioritize population growth. These policies included strict measures such as outlawing voluntary sterilization and limiting access to contraceptives.
According to human rights organizations, an increase in child marriage–due in part to a government “marriage loan” program providing financial relief to poor families who want to marry off their girls–is adversely affecting in all likelihood the quality of health care for such girls and increasing maternal mortality rates. The practice of female genital mutilation, which primarily occurs on girls ages five through eight within Shafi’i Sunni communities, was associated reportedly with increased obstetric problems and may increase maternal mortality rates.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution provides for equal protection for women under the law in conformity with its interpretation of Islam. The government did not enforce the law, and provisions in the law, particularly sections dealing with family and property law, discriminate against women. Judicial harassment, intimidation, detention, and smear campaigns significantly challenged the ability of civil society organizations to fight for and protect women’s rights.
In June the president issued a decree enacting into law an amendment to the country’s civil code that allows Iranian women married to foreign men to transmit citizenship to their children (see section 2.f. and section 6, Children). In January 2019 Ahmad Meidari, the deputy of the Ministry of Social Welfare, reportedly estimated that 49,000 children would benefit if the legislation were enacted. The government does not recognize marriages between Muslim women and non-Muslim men, irrespective of their citizenship. The law states that a virgin woman or girl wishing to wed needs the consent of her father or grandfather or the court’s permission.
The law permits a man to have as many as four wives and an unlimited number of sigheh (temporary wives), based on a Shia custom under which couples may enter into a limited-time civil and religious contract that outlines the union’s conditions.
A woman has the right to divorce if her husband signs a contract granting that right; cannot provide for his family; has violated the terms of their marriage contract; or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced.
The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches the age seven, the father is granted custody unless he is proven unfit to care for the child.
Women sometimes received disproportionate punishment for crimes such as adultery, including death sentences. Islamic law retains provisions that equate a woman’s testimony in a court of law to one-half that of a man’s and value a woman’s life as one-half that of a man’s. According to the law, the diyeh paid in the death of a woman is one-half the amount paid in the death of a man, with the exception of car accident insurance payments. According to a CHRI report, in July 2019 the government declared equality between men and women in the payment of blood money. Per the Supreme Court ruling, the amount paid for the intentional or unintentional physical harm to a woman is still one-half the blood money as that paid for a man, but the remaining difference would be paid from a publicly funded trust.
Women have access to primary and advanced education. Quotas and other restrictions nonetheless limited women’s admissions to certain fields and degree programs.
The Statistical Center of Iran reported that overall unemployment rate in the second quarter of the year was 9.5 percent. Unemployment of women in the country was twice as high as it was of men. All women’s participation in the job market was 17.9 percent, according to the Global Gender Gap 2020 report. Women reportedly earned significantly less than men for the same work.
Women continued to face discrimination in home and property ownership, as well as access to financing. In cases of inheritance, male heirs receive twice the inheritance of their female counterparts. The government enforced gender segregation in many public spaces. Women must ride in a reserved section on public buses and enter some public buildings, universities, and airports through separate entrances.
The law provides that a woman who appears in public without appropriate attire, such as a cloth scarf veil (hijab) over the head and a long jacket (manteau), or a large full-length cloth covering (chador), may be sentenced to flogging and fined. Absent a clear legal definition of “appropriate attire” or of the related punishment, women (and men) were subjected to the opinions of various disciplinary and security force members, police, and judges.
Authorities continued to arrest women for violating dress requirements, and courts applied harsh sentences. In February an appeals court upheld sentences of 16 to 23 years against Yasaman Aryani, her mother Monireh Arabshahi, and Mojgan Keshavarz for “spreading propaganda against the system” and “inciting corruption and prostitution.” They were arrested after posting a video for International Women’s Day in March 2019 during which they walked without headscarves through a Tehran metro train, handing flowers to female passengers.
In May the lawyer for imprisoned activist Saba Kord Afshari stated on Twitter that judicial authorities had reinstated a 7.5-year prison sentence for “corruption and prostitution” against his client without explanation. An appeals court had previously dropped that charge against Kord Afshari, who was also found guilty for “gathering and conspiring” and “spreading propaganda” related to videos she posted to social media in which she walked without a hijab and stated her opposition to compulsory dress requirements. Kord Afshari’s cumulative sentence increased back to 15 years with the reinstated portion of the sentence. In February, Kord Afshari’s mother, Raheleh Ahmadi, began serving a two-year sentence for “national security” crimes related to advocacy on behalf of her daughter. Human rights groups reported both mother and daughter were denied requested medical treatment and furlough during the year.
In a February letter to Iranian authorities, the world soccer governing body International Federation Football Association (FIFA) insisted women must be allowed to attend all soccer matches in larger numbers than the government previously permitted. In October 2019 the government permitted approximately 3,500 women to attend a World Cup qualifier match at Azadi Stadium, which has an estimated capacity of 78,000.
As noted by the former UNSR and other organizations, female athletes have been traditionally barred from participating in international tournaments, either by the country’s sport agencies or by their husbands. There were, however, cases throughout the year of female athletes being permitted to travel internationally to compete.
Birth Registration: Prior to June only a child’s father could convey citizenship, regardless of the child’s country of birth or mother’s citizenship. Legislation taking force in June provides Iranian mothers the right to apply for citizenship for children born to fathers with foreign citizenship (see section 2.f. and section 6, Women). Although the law is retroactive, mothers do not receive equal treatment; they have to file an application for their children, whereas children born to Iranian fathers automatically have citizenship. The law also includes a stipulation of obtaining a security clearance from the security agencies prior to receiving approval. Birth within the country’s borders does not confer citizenship, except when a child is born to unknown parents. The law requires that all births be registered within 15 days.
Education: Although primary schooling until age 11 is free and compulsory for all, media and other sources reported lower enrollment in rural areas, especially for girls. According to HRW, the child protection law passed in June following the killing of Romina Ashrafi sets out financial penalties for parents or guardians who fail to provide for their child’s access to education through secondary level. Secondary education is free.
Children without state-issued identification cards are denied the right to education. In his February 2019 report, UNSR Rehman expressed concern over access to education for minority children, including references to high primary school dropout rates for ethnic minority girls living in border provinces.
Child Abuse: There was little information available on how the government dealt with child abuse. The 2003 law states, “Any form of abuse of children and juveniles that causes physical, psychological, or moral harm and threatens their physical or mental health is prohibited,” and such crimes carry a maximum sentence of three months in confinement. On June 7, the Guardian Council approved legislation to support a child’s safety and well-being, including penalties against physical harm and for preventing access to education. Article 9 of the law defines a set of punishments, which include imprisonment and “blood money,” for negligence by anyone, including parents, that results in death, disability, bodily harm, and sexual harassment. The law required the State Welfare Organization to investigate the situation of children in “extreme danger” of abuse, exploitation, or being out of school, among other concerns. The state also has the authority to remove a child from a household and put them under state supervision until the prosecutor takes on the case. The law also applies to all citizens younger than age 18, despite the earlier age of maturity.
Reports of child abuse reportedly increased during the COVID-19 pandemic. The head of the State Welfare Organization in Mashhad noted an eightfold increase in child abuse cases reported in Mashhad compared with the same period in 2019. Concerns that street children were spreading the virus led to an increase in child detentions. For example, according to an August 13 Atlantic Council article, in April an aid worker found six children that had been detained by Tehran municipality officials “bruised and bloodied” in basement municipality offices.
According to IranWire, the Students’ Basij Force stepped up efforts to recruit young persons into the organization. Although “most of these activities are of an educational and ideological nature,” there were reports that during recent domestic unrest, some younger Basij forces armed with light military equipment were seen on the streets of some cities.
There continued to be reports of IRGC officials recruiting Afghan child soldiers, including to support Assad regime forces in Syria and the Taliban in Afghanistan. In a 2018 interview by IranWire, a Fatemiyoun Brigade commander confirmed Afghan minors as young as 14 served in his unit in Syria.
Child, Early, and Forced Marriage: The legal minimum age of marriage for girls is 13, but girls as young as age nine may be married with permission from a court and their fathers. According to HRW, the child protection law failed to criminalize child marriage.
Sexual Exploitation of Children: The legal age requirements for consensual sex are the same as those for marriage, as sex outside of marriage is illegal. There are no specific laws regarding child sexual exploitation, with such crimes either falling under the category of child abuse or sexual crimes of adultery. The law does not directly address sexual molestation or provide a punishment for it.
According to CHRI, the ambiguity between the legal definitions of child abuse and sexual molestation could lead to child sexual molestation cases being prosecuted under adultery law. While no separate provision exists for the rape of a child, the crime of rape, regardless of the victim’s age, is potentially punishable by death.
Displaced Children: There were reports of thousands of Afghan refugee children in the country, many of whom were born in Iran but could not obtain identity documents. These children were often unable to attend schools or access basic government services and were vulnerable to labor exploitation and trafficking.
UNHCR stated school enrollment among refugees was generally higher outside the 20 settlements, where more resources were available and where 97 percent of the refugees reside.
The law recognizes Jews as a religious minority and provides for their representation in parliament. According to the Tehran Jewish Committee, the population includes approximately 9,000 Jews. Members of the Iranian Jewish community are reportedly subject to government restrictions and discrimination. Government officials continued to question the history of the Holocaust, and anti-Semitism remained a pervasive problem. In October 28 comments on his website and Twitter addressed to “young French people,” Supreme Leader Khamenei questioned why it was a crime to raise doubts regarding the Holocaust. In a May 22 speech and tweets, Khamenei referred to Israel as a “cancerous tumor.” On May 19, Khamenei published a poster depicting Jerusalem with the phrase, “The final solution: Resistance until referendum.” Cartoons in state-run media outlets repeatedly depicted foreign officials as puppets of Jewish control. In September a government-controlled arts organization, the Hozeh Honari, announced it would hold a third “Holocaust Cartoon Festival,” the previous two held in 2006 and 2016. According to media reports, officials and media propagated conspiracy theories blaming Jews and Israel for the spread of COVID-19.
In 2018 parliament adopted the Law for the Protection of the Rights of Persons with Disabilities. According to HRW, the law increases pensions and extends insurance coverage to disability-related health-care services, but it does not explicitly prohibit discrimination. According to CHRI, as of December 2019, the government did not allocate a budget to enforce the law. The law prohibits those with visual, hearing, or speech disabilities from running for seats in parliament. While the law provides for government-funded vocational education for persons with disabilities, domestic news reports noted vocational centers were located only in urban areas and unable to meet the needs of the entire population.
In October 2019 HRW and CHRI reported persons with disabilities remained cut off from society, a major obstacle being a mandatory government medical test that may exclude children from the public school system. They continued to face stigma and discrimination from government social workers, health-care workers, and others. Many persons with disabilities remained unable to participate in society on an equal basis. The law provides for public accessibility to government-funded buildings, and new structures appeared to comply with these standards. There were efforts to increase access for persons with disabilities to historical sites. Government buildings that predated existing accessibility standards remained largely inaccessible, and general building accessibility, including access to toilets, for persons with disabilities remained a problem. Persons with disabilities had limited access to informational, educational, and community activities. CHRI reported in 2018 that refugees with disabilities, particularly children, were often excluded or denied the ability to obtain the limited state services provided by the government.
The constitution grants equal rights to all ethnic minorities, allowing minority languages to be used in media. The law grants the right of citizens to learn, use, and teach their own languages and dialects. Minorities did not enjoy equal rights, and the government consistently barred use of their languages in school as the language of instruction.
The government disproportionately targeted minority groups, including Kurds, Ahwazis, Azeris, and Baluchis, for arbitrary arrest, prolonged detention, disappearances, and physical abuse. These ethnic minority groups reported political and socioeconomic discrimination, particularly in their access to economic aid, business licenses, university admissions, job opportunities, permission to publish books, and housing and land rights. In a July report, UNSR Rehman expressed concern regarding the reported high number of political prisoners and prisoners of conscience from the Azerbaijani-Turk, Kurdish, and Ahwazi Arab communities.
Another widespread complaint among ethnic minority groups, particularly among Ahwazis, Azeris, and Lors, was that the government diverted and mismanaged natural resources, primarily water, often for the benefit of IRGC-affiliated contractors. According to reports from international media and human rights groups, these practices devastated the local environment on which farmers and others depended for their livelihoods and well-being, resulting in forced migration and further marginalization of these communities.
The law, which requires religious screening and allegiance to the concept of “governance by the jurist,” not found in Sunni Islam, impaired the ability of Sunni Muslims (many of whom are also Baluch, Ahwazi, or Kurdish) to integrate into civic life and to work in certain fields.
Human rights organizations observed that the government’s application of the death penalty disproportionately affected ethnic minorities (see section 1.a.). Authorities reportedly subjected members of minority ethnicities and religious groups in pretrial detention repeatedly to more severe physical punishment, including torture, than other prisoners, regardless of the type of crime of which they were accused.
The estimated eight million ethnic Kurds in the country frequently campaigned for greater regional autonomy. The government continued to use the law to arrest and prosecute Kurds for exercising their rights to freedom of expression and association. The government reportedly banned Kurdish-language newspapers, journals, and books and punished publishers, journalists, and writers for opposing and criticizing government policies.
Authorities suppressed legitimate activities of Kurdish NGOs by denying them registration permits or bringing security charges against persons working with such organizations. Authorities did not prohibit the use of the Kurdish language in general but did not offer education in Kurdish in public schools.
UNSR Rehman’s July report also noted, “in the border areas of Kurdistan, Ilam, West Azerbaijan and Kermanshah Provinces, Kurdish couriers (kolbars) continue to face excessive and lethal force by border officials. In 2019 there were 84 reported deaths and 192 injuries of kolbars, continuing a trend that has seen over 1,000 kolbars killed or injured due to the actions of border officials since 2014. It is with concern that cases of violence against kolbars are often either dismissed by the courts or closed without conviction or compensation for the victims and their families.”
International human rights observers, including the IHRDC, stated that the country’s estimated two million Ahwazi Arabs, representing 110 tribes, faced continued oppression and discrimination. Ahwazi rights activists reported the government continued to confiscate Ahwazi property to use for government development projects, refusing to recognize property titles issued during the prerevolutionary era.
On March 30 and 31, according to reports from families of prisoners, journalists, and Ahwazi Arab human rights activists and organizations, security forces used excessive force to quell prison protests in the city of Ahvaz in Khuzestan Province, causing up to 15 deaths in Sepidar Prison and 20 deaths in Sheiban Prison (see section 1.a.). Numerous videos taken from outside both prisons and shared on social media showed smoke rising from the buildings, while sounds of gunfire can be heard. Arab minority rights activist Mohammad Ali Amourinejad and several other inmates, including prisoners of conscience serving life sentences for “enmity against God” due to promoting educational and cultural rights for Ahwazi Arabs, were transferred out of Sheiban Prison following the unrest and by year’s end were held incommunicado in an unknown location (see section 1.b.).
Ethnic Azeris, who number more than 18 million, or approximately 24 percent of the population, were more integrated into government and society than other ethnic minority groups and included the supreme leader. Azeris reported the government discriminated against them by harassing Azeri activists or organizers and changing Azeri geographic names.
In October, following an outbreak of violence between Armenia and Azerbaijan over the Nagorno-Karabakh region, Amnesty International expressed concern over the arrest of approximately 20 ethnic Azeri activists in Iran who had participated in pro-Azerbaijan protests. HRANA asserted the number of protesters arrested was much higher, adding that they were arrested “violently.”
Local and international human rights groups alleged discrimination during the year against the Baluchi ethnic minority, estimated at between 1.5 and two million persons. Areas with large Baluchi populations were severely underdeveloped and had limited access to education, employment, health care, and housing. Baluchi activists reported that more than 70 percent of the population lived below the poverty line.
According to activist reports, the law limited Sunni Baluchis’ employment opportunities and political participation. Activists reported that throughout the year, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population. According to Baluchi rights activists, Baluchi journalists and human rights activists faced arbitrary arrest, physical abuse, and unfair trials.
On May 6, IranWire and the Unrepresented Nations and Peoples Organization reported security forces shot and killed Sunni Baluchi brothers Mohammad and Mehdi Pourian in their home in Iranshahr, the capital of Sistan and Baluchistan Province. A 17-year-old named Daniel Brahovi was also killed in the incident. Iranshahr prosecutor Mohsen Golmohammadi told local media that the three were “famous and well-known miscreants” and that “several weapons and ammunition were seized from them.” The families of the three deceased men registered a complaint against the security forces involved but did not receive any official information regarding the judicial process or information related to their sons’ alleged criminal activity.
The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity. While few details were available for specific cases, lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists expressed concern that the government executed LGBTI individuals under the pretext of more severe, and possibly specious, criminal charges such as rape. In June 2019 the foreign minister appeared to defend executions of LGBTI persons for their status or conduct. After being asked by a journalist in Germany why the country executes “homosexuals,” the foreign minister stated, “Our society has moral principles. And we live according to these principles. These are moral principles concerning the behavior of people in general. And that means that the law is respected and the law is obeyed.”
Security forces harassed, arrested, and detained individuals they suspected of being LGBTI. In some cases security forces raided houses and monitored internet sites for information on LGBTI persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian Lesbian and Transgender Network (6Rang) noted that individuals arrested under such conditions were traditionally subjected to forced anal or sodomy examinations–which the United Nations and World Health Organization stated may constitute torture–and other degrading treatment and sexual insults. Punishment for same-sex sexual activity between men was more severe than between women.
In a September survey of more than 200 individuals living in the country and identifying as LGBTI, 6Rang found that 15 percent reported being victims of sexual violence at their school or university, 30 percent reported being victims of sexual violence by their peers, and more than 42 percent reported being victims of sexual violence in public spaces. Anonymous respondents reported being beaten, detained, and flogged by security authorities.
The government censored all materials related to LGBTI status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs and activists in the country.
There was no available update in the case of Rezvaneh Mohammadi, a gender-equality activist sentenced to five years in prison by a revolutionary court in December 2019. According to CHRI, authorities arrested Mohammadi in 2018 and held her in solitary confinement for several weeks at Evin Prison, where they pressured her, including with threats of rape, to confess to receiving money to overthrow the government.
Hate-crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes.
The law requires all male citizens older than age 18 to serve in the military but exempts gay men and transgender women, who are classified as having mental disorders. Military identity cards list the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination.
NGOs reported authorities pressured LGBTI persons to undergo gender reassignment surgery. According to a July report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” or reparative therapies of LGBTI persons continued to grow. The NGO 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTI persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of the opposite sex. According to 6Rang, one such institution is called The Anonymous Sex Addicts Association of Iran, with branches in 18 provinces.
Despite government programs to treat and provide financial and other assistance to persons with HIV/AIDS, international news sources and organizations reported that individuals known to be infected with HIV/AIDS faced widespread societal discrimination. Individuals with HIV or AIDS, for example, continued to be denied employment as teachers.
Iraq
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape and sexual assault of women, men, and children, but not specifically spousal rape, and permits a sentence not exceeding 15 years, or life imprisonment if the victim dies. The rape provisions of the law do not define, clarify, or otherwise describe “consent,” leaving the term up to judicial interpretation. The law requires authorities to drop a rape case if the perpetrator marries the victim, with a provision protecting against divorce within the first three years of marriage. The victim’s family sometimes agreed to this arrangement to avoid the social stigma attached to rape. There were no reliable estimates of the incidence of rape or information on the effectiveness of government enforcement of the law.
During the COVID-19 pandemic, UNAMI reported a significant increase in the reports of rape, domestic violence, spousal abuse, immolation and self-immolation, self-inflicted injuries due to spousal abuse, sexual harassment of minors, and suicide due to increased household tensions because of COVID lockdowns, as well as economic hardship due to the country’s declining economy.
Although the constitution prohibits “all forms of violence and abuse in the family,” the law does not specifically prohibit domestic violence but stipulates that men may discipline their wives and children “within certain limits prescribed by law or by custom.” The law provides reduced sentences for violence or killing if the perpetrator had “honorable motives” or if the perpetrator caught his wife or female relative in the act of adultery or sex outside of marriage. Domestic violence remained a pervasive problem.
Harassment of legal personnel who sought to pursue domestic violence cases under laws criminalizing assault, as well as a lack of trained police and judicial personnel, further hampered efforts to prosecute perpetrators.
The government and KRG also struggled to address the physical and mental trauma endured by women who lived under ISIS rule. Al-Monitor wrote in May that 10 percent of Yezidis living in the Sharya IDP camp were considering suicide. A mental health activity manager for Doctors without Borders told Voice of America in October that between April and August, her organization received 30 reports of individuals who attempted suicide.
The Ministry of Interior maintained 16 family protection units under police authority, located in separate buildings at police stations around the country, designed to resolve domestic disputes and establish safe refuges for victims of sexual or gender-based violence. These units reportedly tended to prioritize family reconciliation over victim protection and lacked the capacity to support victims. NGOs stated that victims of domestic violence feared approaching the family protection units because they suspected that police would inform their families of their testimony. Some tribal leaders in the south reportedly banned their members from seeking redress through police family protection units, claiming domestic abuse was a family matter. The family protection units in most locations did not operate shelters.
KRG law criminalizes domestic violence, including physical and psychological abuse, threats of violence, and spousal rape. The KRG implemented the provisions of the law and maintained a special police force to investigate cases of gender-based violence and a family reconciliation committee within the judicial system, but local NGOs reported these programs were not effective at combating gender-based violence.
In the IKR, two privately operated shelters and four KRG Ministry of Labor and Social Affairs-operated shelters provided some protection and assistance for female victims of gender-based violence and human trafficking. Space was limited, and NGOs reported psychological and therapeutic services were poor. NGOs played a key role in providing services, including legal aid, to victims of domestic violence, who often received no assistance from the government. Instead of using legal remedies, authorities frequently mediated between women and their families so that the women could return to their homes. Other than marrying or returning to their families, which often resulted in further victimization by the family or community, there were few options for women accommodated at shelters.
Female Genital Mutilation/Cutting (FGM/C): NGOs and the KRG reported the practice of FGM/C persisted in the IKR, particularly in rural areas of Erbil, Sulaymaniya, and Kirkuk provinces, despite a ban on the practice in IKR law. Rates of FGM/C, however, reportedly continued to decline. NGOs attributed the reduction in FGM/C to the criminalization of the practice and sustained public outreach activities by civil society groups. FGM/C was not common outside the IKR.
Other Harmful Traditional Practices: The law permitted “honor” as a lawful defense in violence against women, and so-called honor killings remained a serious problem throughout the country. A provision of the law limits a sentence for conviction of murder to a maximum of three years in prison if a man is on trial for killing his wife or a female dependent due to suspicion that the victim was committing adultery or engaged in sex outside of marriage. UNAMI reported that several hundred women died each year from honor killings. Some families reportedly arranged honor killings to appear as suicides.
In September, two young women were found dead near the town of Chamechamal, Sulaymaniya, after allegedly being killed by their father. NGOs and activists issued a statement urging IKR authorities to pursue justice for the victims who were thought to be murdered due to their father’s disapproval of their dating outside of marriage.
The KRG Ministry of Interior’s Directorate General of Combating Violence against Women confirmed three cases of honor killing among 26 female homicide victims in the IKR as of September. A UN source, however, observed the number of actual honor killings was likely much higher.
There were reports that women and girls were sexually exploited through so-called temporary, or pleasure, marriages, under which a man gives the family of the girl or woman dowry money in exchange for permission to “marry” her for a specified period. Young women, widowed or orphaned by ISIS offensives, were especially vulnerable to this type of exploitation. In similar cases NGOs reported some families opted to marry off their underage daughters in exchange for dowry money, believing the marriage was genuine, only to have the girl returned to them months later, sometimes pregnant.
Government officials and international and local NGOs also reported that the traditional practice of nahwa, where a cousin, uncle, or other male relative of any woman may forbid or terminate her marriage to someone outside the family, remained a problem, particularly in southern provinces. Grand Ayatollah Ali Sistani called for an end to nahwas and fasliya (where women are traded to settle tribal disputes), but these traditions continued, especially in areas where tribal influence outweighed government institutions.
Sexual Harassment: The law prohibits sexual harassment, including in the workplace. Penalties for sexual harassment include fines of up to only 30 dinars (2.5 cents), imprisonment, or both, not to exceed three months for a first-time offender. The law provides relief from penalties if unmarried participants marry. No information was available regarding the effectiveness of government enforcement, but penalties were very low. In most areas there were few or no publicly provided women’s shelters, information, support hotlines, and little or no sensitivity training for police. Refugees and IDPs reported regular sexual harassment, both in camps and cities.
Women political candidates suffered harassment online and on social media, including posting of fake, nude, or salacious photographs and videos meant to harm their campaigns.
Reproductive Rights: Couples have the right to decide the number, timing, and spacing of their children, as well as have access to information on reproductive health, free from violence. Various methods of contraception were widely available, including in the IKR; however, women in urban areas generally had greater access than those in rural parts of the country. A married woman could not be prescribed or use contraception without the consent of her husband. Unmarried single women were also unable to obtain birth control. Divorced or widowed women, however, did not have this same restriction. Abortion is prohibited; however, a 2020 law in the IKR allows for abortion if the pregnancy endangers the mother’s life. In addition to consent from the mother and her husband, a committee with at least five physician must determine if the pregnancy poses a serious threat to her life.
Due to general insecurity in the country and attendant economic difficulties, many women received inadequate medical care. The UN Office of the High Commissioner for Human Rights stated that in some governorates the work of reproductive health and pregnancy care units, as well as health awareness campaigns, had ceased almost entirely because of COVID-19’s impact on the health-care system.
In the IKR the KRG Ministry of Health reported that survivors of sexual violence received treatment from provincial health departments and emergency rooms. Judges, however, rarely considered forensic evidence that was collected. The government stated it provided full services for survivors of sexual violence and rape in all governorates, as the law requires that survivors receive full health care and treatment. Emergency contraceptives were available as part of the clinical management of rape through government services and in private clinics, although advocates who worked with survivors reported many barriers to women accessing those contraceptives, as well as significant gaps in service delivery.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The Council of Ministers’ Iraqi Women Empowerment Directorate is the lead government body on women’s issues. Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Criminal, family, religious, personal status, labor, and inheritance laws discriminate against women. Women experienced discrimination in such areas as marriage, divorce, child custody, employment, pay, owning or managing businesses or property, education, the judicial process, and housing.
For example, in a court of law, a woman’s testimony is worth half that of a man in some cases and is equal in other cases. The law generally permits women to initiate divorce proceedings against their spouses, but the law does not entitle a divorced woman to alimony other than child support or two years’ financial maintenance in some cases; in other cases the woman must return all or part of her dowry or otherwise pay a sum of money to the husband. Under the law the father is the guardian of the children, but a divorced mother may be granted custody of her children until age 10, extendable by a court up to age 15, at which time the children may choose with which parent they wish to live.
All recognized religious groups have their own personal status courts responsible for handling marriage, divorce, and inheritance issues. Discrimination toward women on personal status issues varies depending on the religious group. The government’s interpretation of sharia is the basis of inheritance law for all citizens except recognized religious minorities. In all communities male heirs must provide financial support to female relatives who inherit less. If they do not, women have the right to sue.
The law provides women and men equal rights in owning or managing land or other property, but cultural and religious norms impeded women’s property rights, especially in rural areas.
Law and custom generally do not respect freedom of movement for women. For example, the law prevents a woman from applying for a passport without the consent of her male guardian or a legal representative (see section 2.d.). Women could not obtain the Civil Status Identification Document, required for access to public services, food assistance, health care, employment, education, and housing, without the consent of a male relative.
NGOs also reported cases in which courts changed the registration of Yezidi women to Muslim against their will because of their forced marriage to ISIS fighters.
The KRG provided some additional legal protections to women, maintaining a High Council of Women’s Affairs and a Women’s Rights Monitoring Board to enforce the law and prevent and respond to discrimination, but such protections were applied inconsistently. Other portions of KRG law continued to mirror federal law, and women faced discrimination. KRG law allows women to set as a prenuptial condition the right to divorce her husband beyond the limited circumstances allowed by Iraqi law and provides a divorced wife up to five years’ alimony beyond child care.
Birth Registration: The constitution states that anyone born to at least one citizen parent is a citizen. Failure to register births resulted in the denial of public services such as education, food, and health care. Single women and widows often had problems registering their children, although in most cases authorities provided birth certificates after registration of the birth through the Ministries of Health and Interior; such registration was reportedly a lengthy and at times complicated process. The government was generally committed to children’s rights and welfare, although it denied benefits to noncitizen children. Humanitarian organizations reported a widespread problem of children born to members of ISIS or in ISIS-held territory failing to receive a government-issued birth certificate. An estimated 45,000 displaced children living in camps lacked civil documentation, including birth certificates, and the issue also affected many IDPs living outside of IDP camps.
Education: Primary education is compulsory for citizen children for the first six years of schooling and until age 15 in the IKR; it is provided without cost to citizens. Equal access to education for girls remained a problem, particularly in rural and insecure areas. Recent, reliable statistics on enrollment, attendance, or completion were not available.
Schools continued to be closed from February onward, putting more than 10 million students out of school. UNICEF supported the Ministry of Education to broadcast lessons through education television and digital platforms. Children’s access to alternative learning platforms via the internet and television, however, was hindered by limited connectivity and availability of digital devices, as well as lack of electricity. Moreover, the Ministry for Directorates of Education had not issued directives for guiding the delivery of distance learning.
Child Abuse: Although the constitution prohibits “all forms of violence and abuse in the family,” the law does not specifically prohibit domestic violence but stipulates that men may discipline their wives and children “within certain limits prescribed by law or by custom.” The law provides protections for children who were victims of domestic violence or were in shelters, state houses, and orphanages, including access to health care and education. Violence against children reportedly remained a significant problem, but up-to-date, reliable statistics on the extent of the problem were not available. Local NGOs reported the government made little progress in implementing its 2017 National Child Protection Policy.
UNICEF reported that during the year, at least 1.64 million children, half of them girls, were estimated to need at least one type of protective service. UNICEF and its implementing partners continued to deliver psychosocial support; case management and specialized protection services for children, including birth registration; civil documentation and legal assistance; and capacity development of national partners. UNICEF also worked with Ministry of Health, Ministry of Labor and Social Affairs, and NGO partners in establishing referral mechanism and alternative care arrangements for children affected by COVID-19. They purchased and distributed personal protective equipment kits for 2,511 children in detention centers and children’s homes, while continuing to advocate for the release of children from prison. A total of 440 children were released from detention since the start of the pandemic. The Country Task Force on Monitoring and Reporting verified 24 grave violations, affecting 23 children, compared with 16 verified grave violations affecting 16 children in the previous quarter.
KRG law criminalizes domestic violence, including physical and psychological abuse and threats of violence. The KRG implemented the provisions of the law, but local NGOs reported these programs were not effective at combating child abuse. The KRG’s Ministries of Labor and Social Affairs, Education, and Culture and Youth operated a toll-free hotline to report violations against, or seek advice regarding, children’s rights. Multiple reports of child abuse surfaced during the year. Activists reported sexual abuse and assault by relatives was widespread and that some victims did not report crimes due to fear of retribution by family members.
Child, Early, and Forced Marriage: The legal minimum age of marriage is 18, but the law allows a judge to permit children as young as 15 to marry if fitness and physical capacity are established and the guardian does not present a reasonable objection. The law criminalizes forced marriage but does not automatically void forced marriages that have been consummated. The government reportedly made few efforts to enforce the law. Traditional early and forced marriages of girls, including temporary marriages, occurred throughout the country. UNHCR reported the continued prevalence of early marriage due to conflict and economic instability, as many families arranged for girls to marry cousins or into polygamous households. Others gave their daughters as child brides to armed groups as a means to ensure their safety, access to public services in occupied territories, or livelihood opportunities for the entire family.
In the IKR the legal minimum age of marriage is 18, but KRG law allows a judge to permit a child as young as 16 to marry if the individual is entering into the marriage voluntarily and has received permission from a legal guardian. KRG law criminalizes forced marriage and suspends, but it does not automatically void, forced marriages that have been consummated. According to the KRG High Council of Women’s Affairs, refugees and IDPs in the IKR engaged in child marriage and polygamy at a higher rate than IKR residents. Some Kurdish men crossed over into federal Iraqi territory to acquire a child bride since those laws are not as strict.
The KRG assigned police and officials from the office to combat domestic violence to deter parents from forcing their children into marriages and to conduct awareness campaigns to combat sexual violence.
Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Child prostitution was a problem, as were temporary marriages, particularly among the IDP population. Because the age of legal criminal responsibility is nine in the areas administered by the central government and 11 in the IKR, authorities often treated sexually exploited children as criminals instead of victims. Penalties for commercial exploitation of children range from fines and imprisonment to the death penalty. No information was available regarding the effectiveness of government enforcement.
Displaced Children: Insecurity and active conflict between government forces and ISIS caused the continued displacement of large numbers of children. Abuses by government forces, particularly certain PMF groups, contributed to displacement. Due to the conflict in Syria, children and single mothers from Syria took refuge in the IKR. UNICEF reported that almost one-half of IDPs were children.
The federal Iraqi penal code stipulates that any person convicted of promoting Zionist principles, association with Zionist organizations, assisting such organizations through material or moral support, or working in any way to realize Zionist objectives, be subject to punishment by death. According to the code, Jews are prohibited from joining the military and cannot hold jobs in the public sector. In practice the KRG did not apply the central government’s anti-Zionist laws and relied on IKR law number five, which provides protections for the rights of religious minorities, including Jews.
A very small number of Jewish citizens lived in Baghdad. According to unofficial statistics from the KRG Ministry of Endowments and Religious Affairs, there were as few as 100 to possibly as many as 300 Jewish families in the IKR. The Jewish community did not publicly worship due to fears of retribution, discrimination, or violence by extremist actors. The KRG Ministry of Endowment and Religious Affairs designated one of its seven departments to Jewish affairs. There were no reports of anti-Semitic acts in the country during the year.
The constitution states the government, through law and regulations, guarantees the social and health security of persons with disabilities, including through protection against discrimination and provision of housing and special programs of care and rehabilitation. Despite constitutional guarantees, no laws prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Persons with disabilities had limited access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services.
Although a 2016 Council of Ministers decree orders access for persons with disabilities to buildings and to educational and work settings, incomplete implementation continued to limit access.
In August, following reports of serious delays in payment of social subsides to disabled persons, the Ministry of Labor and Social Affairs (Labor Ministry) called on the government to ensure these payments within the federal budget. Local NGOs reported that despite the government adoption of a long-term strategy for sustainable development to persons with disabilities, the implementation of the program objectives remained poor throughout the year. Persons with disabilities continued to face difficulties in accessing health, education, and employment services.
The Labor Ministry leads the Independent Commission for the Care of People with Disabilities. Any Iraqi citizen applying to receive disability-related government services must first receive a commission evaluation. The KRG deputy minister of labor and social affairs leads a similar commission, administered by a special director within the ministry.
There is a 5 percent public-sector employment quota for persons with disabilities, but employment discrimination persisted (see section 7.d.). Mental health support for prisoners with mental disabilities did not exist.
The Ministry of Health provided medical care, benefits, and rehabilitation, when available, for persons with disabilities, who could also receive benefits from other agencies, including the Prime Minister’s Office. The Ministry of Labor operated several institutions for children and young adults with disabilities. The ministry provided loan programs for persons with disabilities for vocational training.
KRG law proscribed greater protections for individuals with disabilities, including a requirement that 5 percent of persons with disabilities be employed in public-sector institutions and 3 percent with the private sector. The KRG reported 12,068 public-sector employees with disabilities during the year. The KRG provided a 100,000-dinar monthly stipend to government employees with disabilities and a 150,000-dinar stipend to those not employed by the KRG.
Disability rights advocates in the KRG reported that the IKR’s disability protections lacked implementation, including the 5 percent employment requirement. Lack of accessibility remained a problem with more than 98 percent of public buildings, parks, and transportation lacking adequate facilities to assist the more than 110,000 registered persons with disabilities in the region. Disability advocates reported employment was low among members of the community and many youth with mental and physical disabilities lacked access to educational opportunity.
The country’s population included Arabs, Kurds, Turkmen, and Shabaks, as well as ethnic and religious minorities, including Chaldeans, Assyrians, Armenians, Yezidis, Sabean-Mandaeans, Baha’is, Kaka’is, and a very small number of Jews. The country also had a small Romani (Dom) community, as well as an estimated 1.5 to 2 million citizens of African descent who reside primarily in Basrah and adjoining provinces. Because religion, politics, and ethnicity were often closely linked, it was difficult to categorize many incidents of discrimination as based solely on ethnic or religious identity.
HRW released a report on July 19 stating that the KRG had prevented thousands of Arab families from returning home in Duhok, including families from five villages in Ninewa’s Rabia subdistrict who had been displaced since 2014. HRW claimed that the KRG was only allowing Kurdish families to return.
Ethnic and sectarian-based fighting continued in mixed provinces, although at lower rates than in 2019. In April, ISIS gunmen attacked a Kaka’i village in Kirkuk killing five persons, and in June ISIS perpetrated another attack on a village near Khanaqin in Diyala Province that killed six individuals and wounded six others.
In September local media reported that Arab tribesmen stormed Palkana, a Kurdish village in Kirkuk Province, to oust the village’s Kurdish residents. The tribesmen threatened to use violence against Kurdish families if they refused to leave. Local police were notified of the violations but refused to intervene.
The law does not permit some religious groups, including Baha’i, Zoroastrian, and Kaka’i, to register under their professed religions, which, although recognized in the IKR, remained unrecognized and illegal under federal Iraqi law. The law forbids Muslims to convert to another religion. In the IKR this law was rarely enforced, and individuals were generally allowed to convert to other religious faiths without KRG interference (see sections 2.d. and section 6, Children).
Government forces, particularly certain PMF groups, and other militias targeted ethnic and religious minorities, as did remaining active ISIS fighters.
Discrimination continued to stoke ethnosectarian tensions in the disputed territories throughout the year. Some government forces, including PMF units, forcibly displaced individuals due to perceived ISIS affiliation or for ethno-sectarian reasons.
Many persons of African descent, some stateless, lived in extreme poverty with high rates of illiteracy and unemployment. They were not represented in politics, and members held no senior government positions. Furthermore, they stated that discrimination kept them from obtaining government employment. Members of the community also struggled to obtain restitution for lands seized from them during the Iran-Iraq war.
The penal code criminalizes consensual same-sex conduct if those engaging in the conduct are younger than age 18, while it does not criminalize any same-sex activities among adults. Despite repeated threats and violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals, specifically gay men, the government failed to identify, arrest, or prosecute attackers or to protect targeted individuals.
In May the Ministry of Foreign Affairs condemned foreign embassies for offending what it called the country’s “norms and values” when the EU mission hoisted the rainbow flag, commonly associated with LGBTI persons, on the International Day against Homophobia, Transphobia, and Biphobia. Several Iraqi leaders from across the political spectrum also condemned the incident, with some calling for the EU mission to be closed. A few days later, media outlets reported that a young gay man was killed in Baghdad’s Sadr City neighborhood, and another in Babil Province, in an apparent backlash against the flag raising.
LGBTI individuals also faced intimidation, threats, violence, and discrimination in the IKR. LGBTI individuals reported they could not live openly in the IKR without fear of violence at the hands of family members, acquaintances, or strangers. Rasan Organization for gender-based violence and LGBT awareness posted a video documentary in September 2019 about the impact of COVID-19 on LGBT individuals in the IKR. LGBTI individuals struggled to be accepted by their family members and the IKR community and disguised their identity from their families due to fear of violence, verbal abuse, and killing.
According to NGOs, Iraqis who experienced severe discrimination, torture, physical injury, and the threat of death on the basis of real or perceived sexual orientation, gender identity and expression, and sex characteristics had no recourse to challenge those actions via courts or government institutions.
Kenya
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape, defilement (statutory rape), domestic violence, and sex tourism, but enforcement remained limited. The law’s definition of domestic violence includes sexual violence within marriage, early and forced marriage, FGM/C, forced wife “inheritance,” damage to property, defilement, economic abuse, emotional or psychological abuse, harassment, incest, intimidation, physical abuse, stalking, verbal abuse, or any other conduct against a person that harms or may cause imminent harm to the safety, health, or well-being of the person. The law does not explicitly criminalize spousal rape. Insulting the modesty of another person by intruding upon that person’s privacy or stripping them of clothing are criminal offenses punishable by imprisonment for up to 20 years.
The law provides a maximum penalty of life imprisonment for rape when the victim is older than 18, although sentences were at the discretion of the judge and usually no longer than the minimum of 10 years (see also section 6, Children). Citizens frequently used traditional dispute-resolution mechanisms, including maslaha in Muslim communities, to address sexual offenses in rural areas, with village elders assessing financial compensation for the victims or their families. They also used such mechanisms occasionally in urban areas.
The judiciary recorded 10,510 cases of sexual and gender-based violence filed in court between July 2018 and June 2019. The NGO Federation of Women Lawyers in Kenya reported arrests and prosecutions of sexual violence cases remained low, even in cases in which victims identified perpetrators, due to limited police resources to conduct investigations, insufficient evidence collection and handling mechanisms, and lengthy court proceedings, which made it difficult and expensive for victims to pursue cases.
Although police no longer required physicians to examine victims, physicians still had to complete official forms reporting rape. Rural areas generally had no police physician, and in Nairobi there were only three. NGOs reported police stations often but inconsistently accepted the examination report of clinical physicians who initially treated rape victims. In 2019 police launched the National Police Service Standard Operating Procedures on addressing gender-based violence. These procedures aim to standardize the varying quality of care that victims receive and provide a guide to police officers who do not have the relevant training.
Authorities cited domestic violence as the leading cause of preventable, nonaccidental death for women. Except in cases of death, police officers generally refrained from investigating domestic violence, which they considered a private family matter.
NGOs expressed concerns regarding rising incidents of sexual assault, rape, and domestic violence during the COVID-19 pandemic. In April the chief justice cited a spike in cases involving sexual offenses, noting some perpetrators were family members or close friends of the victims. A national helpline supported by the Department of Gender Affairs reported cases rose from 86 in February to more than 1,100 in June. Cases decreased in July, but the total number of calls was four times higher than during the same period in the previous year. Survivors of sexual violence were unable to report crimes or seek medical treatment during curfew hours.
Female Genital Mutilation/Cutting (FGM/C): The law makes it illegal to practice FGM/C, procure the services of someone who practices FGM/C, or send a person out of the country to undergo the procedure. The law also makes it illegal to make derogatory remarks about a woman who has not undergone FGM/C. Government officials often participated in public-awareness programs to prevent the practice. Nevertheless, individuals practiced FGM/C widely, particularly in some rural areas. According to a study by UNICEF published in March, despite the legal prohibition of FGM/C and progress made by the government in eliminating the practice, myths supporting the practice remained deep-rooted in some local cultures. The study concluded approximately 21 percent of adult women ages 15 to 49 had undergone the procedure some time in their lives, but the practice was heavily concentrated in a few communities, including the Maasai (78 percent), Samburu (86 percent), and Somali (94 percent).
As part of the government’s initiative to end FGM/C by 2022, the Ministry of Public Service, Youth, and Gender Affairs continued work with county officials and nonstate actors to improve enforcement of the FGM/C law. This included education and advocacy efforts as well as prosecutions of those violating the law. NGOs and government officials reported a significant increase of FGM/C cases during the COVID-19 pandemic, noting school closures left girls more vulnerable. Many FGM/C rescue centers were closed partially or even totally due to the pandemic. Media reported arrests of perpetrators and parents who agreed to FGM/C, but parents in regions with a high prevalence of FGM/C frequently bribed police to allow the practice to continue. There were also reports FGM/C increasingly occurred in secret to avoid prosecution. County officials in areas with a high prevalence of FGM/C noted many cases targeted infants, with one recent government study finding an estimated 61 percent of girls younger than five in one county had undergone the procedure.
Other Harmful Traditional Practices: Certain communities practiced wife inheritance, in which a man inherits the widow of his brother or other close relative, regardless of her wishes. The practice was more likely in cases of economically disadvantaged women with limited access to education living outside of major cities.
Sexual Harassment: The law prohibits sexual harassment. Sexual harassment was often not reported, and victims rarely filed charges.
Reproductive Rights: The constitution recognizes the right of couples and individuals to decide the number, spacing, and timing of their children and to have the information and means to do so free from discrimination, coercion, and violence. Exercising this right, however, remained challenging due to the prohibitive costs of contraception for some persons, the limited information and services that were available, and cultural and religious norms in some areas that discouraged the use of modern contraceptives and gave men decision-making authority over women. Subsidized contraception options, including condoms, birth control pills, and long-acting or permanent methods, were widely available to both men and women, although access was more difficult in rural areas.
The country’s 2010 constitution states, “abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.” The penal code criminalizes the provision of abortions (14 years’ imprisonment), attempts to obtain or self-administer an abortion (seven years’ imprisonment), and supplying drugs or instruments used in an abortion (three years’ imprisonment).
According to the UN Population Division, 77 percent of women between the ages of 15 and 49 had their needs for family planning satisfied with modern methods. A 2019 study by the Guttmacher Institute found that more than half of sexually active adolescent women between the ages of 15 and 19 who did not want to become pregnant had an unmet need for modern contraception and that almost two-thirds of pregnancies among this age group were unintended. The adolescent birth rate was 96 per 1,000 girls between the ages of 15 and 19, according to UN Population Fund (UNFPA). Access to sexual and reproductive health information by adolescents remained a problem due to lack of comprehensive sexuality education in schools, low coverage of youth-friendly services, and a lack of adequate stocks of contraceptives in public hospitals.
According to the UNFPA, 56 percent of women between the ages of 15 and 49 made their own decisions regarding health care, contraception, and sex with their husbands or partners. NGOs reported that it was more difficult for marginalized groups–including LGBTI persons, women with disabilities, displaced persons, and persons with HIV–to access reproductive health information and services. Families of girls with disabilities sometimes colluded with medical professionals to sterilize them as a means of protecting them from sexual violence, according to a disability rights activist. In 2018 the Center for Reproductive Rights sued the government for prohibiting the NGO Marie Stopes Kenya from providing reproductive health information to women and girls following allegations the NGO was promoting abortion. The case remained pending at year’s end.
Skilled obstetric, prenatal, and postpartum care was available in major hospitals, but many women could not access or afford these services. Skilled health-care personnel attended an estimated 62 percent of births, according to the 2014 Kenya Demographic Health Survey. The government provided access to sexual and reproductive health services for survivors of sexual violence. In December a court ruled in favor of four survivors of sexual violence and found the government responsible for failing to investigate and prosecute crimes of sexual and gender-based violence during the 2007-2008 postelection violence. The ruling marked the first time that survivors of conflict-related sexual violence received compensation.
Maternity services were free of charge in all public health institutions in the country. The government’s Linda Mama program, a free health insurance plan that covers the pregnancy period and up to three months postdelivery, targeted women in rural and low-income areas and continued to operate during the year. NGOs reported that government measures to stem the spread of the COVID-19 pandemic, including a nationwide curfew and movement restrictions, led to an increase in maternal morbidity, a decrease in births attended by skilled health-care personnel, and a decrease in women receiving prenatal and postpartum care during the year.
Maternal deaths accounted for 51 percent of all deaths of women between the ages of 15 and 49, and the maternal mortality rate was 342 per 100,000 live births, according to the World Health Organization. Unsafe abortion, pregnancy, and birth complications limited access to health services, and harmful cultural practices were cited as among the main causes of maternal death and morbidity. The UNFPA reported that maternal mortality in Mandera County was 3,795 deaths per 100,000 live births–the highest in the country–partially due to harmful cultural rites like FGM/C and limited access to health services. In 2019 the High Court ruled that the director of medical services and the Ministry of Health had violated the rights of the country’s women by arbitrarily withdrawing standards and guidelines on reducing morbidity and mortality from unsafe abortions. The court directed the government to reinstate the guidelines and reaffirmed the right of survivors of sexual violence to obtain abortions. The Ministry of Health had not reinstated the guidelines as of year’s end.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution provides equal rights for men and women and specifically prohibits discrimination on the grounds of race, pregnancy, marital status, health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language, or birth. The justice system widely applied customary laws that discriminated against women, limiting their political and economic rights.
The constitution prohibits gender discrimination in relation to land and property ownership and gives women equal rights to inheritance and access to land. The constitution also provides for the enactment of legislation for the protection of wives’ rights to matrimonial property during and upon the termination of a marriage, and it affirms parties to a marriage are entitled to equal rights at the time of marriage, during the marriage, and at its dissolution. According to a June report by Human Rights Watch, women continued to face institutional and legal barriers that hindered their access to justice and a fair share of matrimonial property upon the dissolution of marriage. Additionally, the components of the law that stipulate how to apply for succession were little known, and thus many inheritances continued to pass from fathers to sons only.
Birth Registration: A child derives citizenship from the citizenship of the parents, and either parent may transmit citizenship. Birth on the country’s territory does not convey citizenship. Birth registration is compulsory. An estimated 76 percent of births were officially registered in 2019, according to the Kenya Bureau of National Statistics. Lack of official birth certificates resulted in discrimination in delivery of public services. The Department of Civil Registration Services implements the Maternal Child Health Registration Strategy, which requires nurses administering immunizations to register the births of unregistered children. In September the government announced plans to issue children a special minor’s identification document once they reach the age of six. The plan calls for the government to assign children a unique number at birth, which the government will use to issue the card after the child submits biometric data at age six. The same number is then to be used to apply for a national identity card at the age of 18.
Education: By law education is tuition free and compulsory until age 18, although public schools may impose fees for boarding, uniforms, and other expenses. Authorities did not enforce the mandatory attendance law uniformly. The government closed all schools in March due to the onset of the COVID-19 pandemic. In October the government partially opened schools, but only three grades resumed classes, with the remaining grades scheduled to resume in January 2021.
In January and February, the Teachers Service Commission authorized transfers of more than 1,000 nonlocal teachers from the northeastern counties of Garissa, Mandera, and Wajir due to heightened insecurity, including attacks by suspected al-Shabaab militants targeting nonlocal teachers. The subsequent shortage of teachers threatened the closure of nearly 200 schools, according to a Kenya National Commission on Human Rights report, before the government closed all schools in March. Media reported efforts to hire teachers to fill the vacancies were underway as of year’s end.
While the law provides pregnant girls the right to continue their education until and after giving birth, NGOs reported schools often did not respect this right. School executives sometimes expelled pregnant girls or transferred them to other schools. In recent years media outlets reported a significant number of girls failed to take their final secondary school examinations due to pregnancy. Final examinations were not held during the year due to the pandemic.
Child Abuse: The law criminalizes several forms of violence that affect children, including early and forced marriage, FGM/C, incest, and physical, verbal, and sexual abuse. Violence against children, particularly in poor and rural communities, was common, and child abuse, including sexual abuse, occurred frequently. In June the Ministry of Labour and Social Protection found nearly half of female children and more than half of male children experienced childhood violence. The study found emotional violence was also common.
In July the president called for an investigation into the rising number of cases of child abuse due to COVID-19 restrictions and immediate prosecutions; 160 cases of sexual and gender-based violence, mainly defilement and neglect, were reported to a government helpline in the first week of May alone. The Teachers Service Commission recommended the removal of 30 teachers due to defilement cases and other sexual offenses.
According to IPOA, most police facilities did not have designated child protection units, and police usually requested the Department of Children Services to take custody of child victims. Although all the police facilities that IPOA inspected during the year had at least one officer designated to handle children cases, only some of the officers had received training on handling these cases, and the police stations did not have sufficient resources to process the large number of cases involving child victims. IPOA found the shortage of designated child protective units made it difficult for officers to record statements from child victims due to the lack of privacy. According to IPOA, police also reported challenges investigating cases such as child rape, since some communities defended the perpetrators and preferred to settle cases through traditional mechanisms.
The minimum sentence for conviction of statutory rape is life imprisonment if the victim is younger than age 11, 20 years in prison if the victim is between ages 11 and 15, and 10 years’ imprisonment if the child is age 16 or 17. Although exact numbers were unavailable, during the year media reported several statutory rape convictions.
The government banned corporal punishment in schools, but there were reports corporal punishment occurred.
Although there were no reports the government recruited child soldiers, there were reports the al-Shabaab terrorist group recruited children in areas bordering Somalia.
Child, Early, and Forced Marriage: The minimum age for marriage is 18 years for women and men. According to UNICEF, 25 percent of girls are married by 18. Media occasionally highlighted the problem of early and forced marriage common among some ethnic groups. Under the constitution the qadi courts retained jurisdiction over Muslim marriage and family law in cases where all parties profess the Muslim religion and agree to submit to the jurisdiction of the courts. NGOs reported an increase in child, early, and forced marriages during the COVID-19 pandemic, noting school closures left girls more vulnerable to the practice. In July authorities rescued a 12-year-old girl from two marriages in one month alone. The girl was initially identified to marry a 51-year-old man and then a 35-year-old man.
Sexual Exploitation of Children: The law criminalizes sexual exploitation of children, including prohibiting procurement of a child younger than age 18 for unlawful sexual relations. The law also prohibits domestic and international trafficking, or the recruitment, harboring, transportation, transfer, or receipt of children up to the age of 18 for the production of pornography or for pornographic performances. Provisions apply equally to girls and boys. The law has provisions regarding child trafficking, child sex tourism, child prostitution, and child pornography. The minimum age for consensual sex is 18. Nevertheless, according to human rights organizations, children were sexually exploited and victims of trafficking.
The Directorate of Criminal Investigations continued to expand its Anti-Human Trafficking and Child Protection Unit, which is responsible for investigating cases of child sexual exploitation and abuse, providing guidance to police officers across the country on cases involving children, and liaising with the Ministry of Labour and Social Protection’s Department of Children Services to identify and rescue abused children.
NGOs, international organizations, and local officials expressed concerns with reports of rising number of pregnancies among teenage girls, resulting in part from increased sexual abuse and exploitation during the COVID-19 pandemic. The International Rescue Committee reported that at Dadaab refugee camp, reported teenage pregnancies increased 28 percent during the April to June period, compared with the same period in 2019.
Displaced Children: Poverty and the spread of HIV/AIDS continued to intensify the problem of child homelessness. Street children faced harassment and physical and sexual abuse from police and others and within the juvenile justice system. The government operated programs to place street children in shelters and assisted NGOs in providing education, skills training, counseling, legal advice, and medical care to street children whom the commercial sex industry abused and exploited.
Children continued to face protection risks in urban areas, particularly unaccompanied and separated children. Alternative care arrangements, such as foster care placement, were in place for a limited number of children. In addition government child protection services and the children’s department often stepped in to provide protection to children at risk, particularly unaccompanied children.
In November a year-long BBC undercover investigation found babies and young children were being stolen, primarily from homeless or low-income women in urban areas of Nairobi, then sold for substantial profits. Illegal clinic workers or criminal groups abducted or purchased some of the children, while other cases reportedly involved staff at government-run hospitals. In late November the National Police Service announced police arrested three medical officers at a public hospital in Nairobi related to the case, and the Ministry of Labour and Social Protection stated it had formed a special team to address the matter.
Institutionalized Children: A special report published by the Standard newspaper in September 2019 alleged minors in children’s homes under the care of the Child Welfare Society of Kenya (CWSK) suffered poor living conditions, mistreatment, and lack of proper medical care and education. A local news outlet broadcast an investigative report in October 2019 alleging that CWSK, against the advice of licensed medical practitioners, took children with significant disabilities to unlicensed facilities for experimental treatments. In January the High Court ruled in favor of the CWSK CEO, reinstated her to her position, and lifted an earlier freeze on the society’s bank accounts. The court required the CWSK board of directors to forward any gifts or donations to the board of trustees, and the board of trustees nominated two representatives to oversee the daily operations of CWSK.
The law prohibits discrimination against persons with disabilities, but the government did not effectively enforce these provisions. Several laws limit the rights of persons with disabilities. For example, the Marriage Act limits the rights of persons with mental disabilities to marry, and the Law of Succession limits the rights of persons with disabilities to inheritance. The constitution provides for legal representation of persons with disabilities in legislative and appointive bodies. The law provides that persons with disabilities should have access to public buildings, and some buildings in major cities had wheelchair ramps and modified elevators and restrooms. The government did not enforce the law, however, and new construction often did not include specific accommodations for persons with disabilities. Government buildings in rural areas generally were not accessible to persons with disabilities. According to NGOs, police stations remained largely inaccessible to persons with mobility and other physical disabilities.
NGOs reported the COVID-19 pandemic disproportionally impacted persons with disabilities. One survey found 92 percent of respondents said their daily lives had been affected by the pandemic, pinpointing factors such as limited transport; restricted movement; a lack of available necessities; lack of contact with others at school, church, and social functions; reduced income; and job or income loss. Of respondents, 39 percent reported experiencing discrimination due to their disability, including exclusion from vital services.
The constitution states every person has the right to education, yet NGOs reported persons with disabilities had limited opportunities to obtain education and job training at any level due to lack of accessibility of facilities and resistance by school officials and parents to devoting resources to students with disabilities. Obtaining employment was also difficult. Data from the Public Service Commission indicated that, of 251 institutions evaluated on inclusion of persons with disabilities in fiscal years that spanned 2017 and 2018, only 10 institutions complied with the 5 percent requirement for employment of persons with disabilities.
Authorities received reports of killings of persons with disabilities as well as torture and abuse, and the government acted in some cases.
Persons with albinism have historically been targets of discrimination and human rights abuses. In 2019 human rights groups successfully lobbied to include a question on albinism in the August national census, the first time persons with albinism were counted. An NGO reported some persons with albinism experienced increased discrimination during the year due to unfounded fears they were more likely to carry the COVID-19 virus.
Persons with disabilities faced significant barriers to accessing health care. They had difficulty obtaining HIV testing and contraceptive services due to the perception they should not engage in sexual activity. According to the NGO Humanity & Inclusion, 36 percent of persons with disabilities reported facing difficulties in accessing health services; cost, distance to a health facility, and physical barriers were the main reasons cited.
Few facilities provided interpreters or other accommodations to persons with hearing disabilities. The government assigned each region a sign language interpreter for court proceedings. Authorities often delayed or adjourned cases involving persons who had hearing disabilities due to a lack of standby interpreters, according to NGO reports.
According to a report by a coalition of disability advocate groups, persons with disabilities often did not receive the procedural or other accommodations they needed to participate equally in criminal justice processes as victims of crime.
The Ministry for Devolution and Planning is the lead ministry for implementation of the law to protect persons with disabilities. The quasi-independent but government-funded parastatal National Council for Persons with Disabilities assisted the ministry. Neither entity received sufficient resources to address effectively problems related to persons with disabilities.
According to a 2017 NGO report to the Committee on the Elimination of all Forms of Discrimination against Women, persons with disabilities made up only 2.8 percent of the Senate and National Assembly, less than the 5 percent mandated by the constitution (see section 3).
The 2019 census recognized 45 ethnic groups in the country; none holds a majority. The Kikuyu and related groups dominated much of private commerce and industry and often purchased land outside their traditional home areas, which sometimes resulted in fierce resentment from other ethnic groups, especially in the coastal and Rift Valley areas. Competition for water and pasture was especially serious in the north and northeast.
There was frequent conflict, including banditry, fights over land, and cattle rustling, among the Somali, Turkana, Gabbra, Borana, Samburu, Rendille, and Pokot ethnic groups in arid northern, eastern, and Rift Valley areas that at times resulted in deaths. Disputes over county borders were also a source of ethnic tensions.
In April a government task force attributed tribal clashes in Narok County to disputes over land ownership, sharing of local resources, and boundaries as well as incitement by local politicians. In May media reported at least 20 persons had died during the year due to clashes between Maasai and the Kipsigis, a subgroup of the Kalenjin tribe. In September, two Maasai clans signed a peace agreement to end a dispute that had lasted more than four decades.
Conflict continued among the various communities living in Eastern Mau Forest in Nakuru County due to long-running disputes over land, cattle rustling, and competition for resources. In July, eight persons died, 83 were injured, and more than 198 houses burned. More than 3,000 families were displaced, and the government imposed a five-day curfew. In September, one person died and 12 others were injured after renewed fighting.
Media reported at least 30 persons died in June and July during tribal clashes in Marsabit County along the border with Ethiopia. In September the National Cohesion and Integration Commission facilitated peace talks between leaders of the ethnic communities.
Ethnic differences also caused a number of discriminatory employment practices (see section 7.d.).
The penal code criminalizes “carnal knowledge against the order of nature,” which was interpreted to prohibit consensual same-sex sexual activity and specifies a maximum penalty of 14 years’ imprisonment if convicted, and seven years for “attempting” said activity. The law also criminalizes acts of “gross indecency” between men, whether in public or in private, with five years’ imprisonment. Police detained persons under these laws, particularly persons suspected of prostitution, but released them shortly afterward. In August police arrested two men in Kakamega County for engaging in homosexual acts.
In 2016 LGBTI activists filed two petitions challenging the constitutionality of these penal codes. In May 2019 the High Court issued a ruling upholding the laws criminalizing homosexuality, citing insufficient evidence they violate LGBTI rights and claiming repealing the law would contradict the 2010 constitution that stipulates marriage is between a man and woman. The LGBTI community filed an appeal against this ruling. Leading up to the hearing of this case, and in its wake, the LGBTI community experienced increased ostracism and harassment.
LGBTI organizations reported police more frequently used public-order laws (for example, disturbing the peace) than same-sex legislation to arrest LGBTI individuals. NGOs reported police frequently harassed, intimidated, or physically abused LGBTI individuals in custody.
Authorities permitted LGBTI advocacy organizations to register and conduct activities.
The 2010 constitution does not explicitly protect LGBTI persons from discrimination based on sexual orientation or gender identity. Violence and discrimination against LGBTI individuals were widespread. In October an LGBTI rights organization reported an increase in conversion therapy and practices. It attributed this increase to the fact many LGBTI persons had returned to hostile community environments after losing their jobs during the pandemic. Some LGBTI groups also reported an increase in abuses cases against LGBTI persons during the pandemic.
In 2019 a government-appointed task force found only 10 percent of the intersex population completed tertiary education, only 5 percent recognized themselves as intersex due to lack of awareness, and the majority lacked birth certificates, which caused numerous problems, including inability to obtain a national identity card.
While the country grants refugee status to persons whose persecution is due to the individual’s sexual orientation, some LGBTI refugees continued to face stigma and discrimination. They were often compelled to hide their sexual orientation or gender identity to protect themselves. National organizations working with LGBTI persons offered support to refugees who were LGBTI, including access to safety networks and specialized health facilities. In July, UNHCR released a statement calling for dialogue between refugee communities in Kakuma refugee camp following conflicting reports of violence, including reports by a small group of LGBTI refugees that they were the victims of harassment and violence. Police and local authorities increased security measures in response.
The government, along with international and NGO partners, made progress in creating an enabling environment to combat the social stigma of HIV and AIDS and to address the gap in access to HIV information and services. The government and NGOs expanded their staffing support at county levels for counseling and testing centers to ensure provision of free HIV/AIDS diagnosis. In addition to the launch of the second Beyond Zero Campaign to stop HIV infections, the government expanded inclusion of diverse populations in provision of HIV services through 47 mobile clinics and medical camp safaris across the country. The government was also supporting programs to ensure nondiscrimination and undertaking a community-led stigma index study.
Stigma nonetheless continued to hinder efforts to educate the public about HIV/AIDS and to provide testing and treatment services. The government continued to support the HIV Tribunal to handle all legal matters related to stigma and discrimination. The tribunal, however, lacked sufficient funding to carry out its mandate across all 47 counties and thus still functioned only out of Nairobi.
Mob violence and vigilante action were common in areas where the populace lacked confidence in the criminal justice system. In June demonstrators stormed Lessos Police Station in Nandi County after a police officer fatally shot a man who intervened when the officer demanded a bribe from a person not wearing a facemask. Protesters set fire to the police commander’s house, and police killed another two persons during the violence. IPOA reported it was finalizing its investigation and stated the officers involved were under internal disciplinary actions. The social acceptability of mob violence also provided cover for acts of personal vengeance. Police frequently failed to act to stop mob violence.
In October, two persons died and several were injured in Muranga County following street battles between youth factions allied to different political actors. Media outlets reported politicians instigated the violence by mobilizing and paying youth from outside areas. The governmental National Cohesion and Integration Commission condemned the violence, warning political tensions could lead to further violent conflicts ahead of the 2022 national elections.
Landowners formed groups in some parts of the country to protect their interests from rival groups or thieves. Reports indicated politicians often funded these groups or provided them with weapons, particularly around election periods.
Liberia
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Rape of a female or male is illegal, but the government did not enforce the law effectively, and rape remained a serious and pervasive problem, especially under COVID-19 enforced lockdowns. The law’s definition of rape does not specifically criminalize spousal rape. Conviction of first-degree rape–defined as rape involving a minor, rape that results in serious injury or disability, or rape committed with the use of a deadly weapon–is punishable by up to life imprisonment. Conviction of second-degree rape, defined as rape committed without the aggravating circumstances enumerated above, is punishable by up to 10 years in prison.
During the year the government increased efforts to combat rape and other forms of sexual and gender-based violence. In July, in response to concerns that the COVID-19 pandemic had contributed to a rise in rape and other cases of sexual and gender-based violence, President Weah created an interministerial taskforce on sexual and gender-based violence. On September 8-9, the Ministry of Gender, Children, and Social Protection convened a national conference on combatting rape and other acts of sexual and gender-based violence, which resulted in a plan to increase government action to address sexual and gender-based violence through victim support functions, the creation of a National Security Task Force on Sexual and Gender-Based Violence, the launch of a public awareness campaign, capacity building for relevant ministries, and harsher punishments for perpetrators. As a result, public awareness of the issue increased, but the task force faced logistical challenges, such as a lack of vehicles.
On July 23, Vice President Jewel Howard-Taylor called for the arrest of Sense Kaiwu, a high school teacher at the Pejuhum public school in Grand Cape Mount County, Tewor District. Kaiwu allegedly raped and impregnated a 14-year-old girl in October 2019, who gave birth in July. The teacher fled, and no further information on his whereabouts was available at year’s end.
In August a consortium of civil society groups organized three days of protest against what the groups termed “an increasing wave of rape in Liberia.” On the first day of the protest, partisan violence broke out between protesters and persons believed to be supporters of the ruling CDC political party, who objected to the presence of Senator Abraham Darius Dillon on the protest grounds. Stone throwing between rival protesters resulted in injuries to two persons, as reported by news outlets. The protesters demanded that President George Weah personally receive their petition. On the second day of the protest, a group attempted to disperse the crowd of protesters, which again led to stone throwing. On the last day of the protest, LNP officers drove the protesters off the streets and reportedly used tear gas and arrested some of the protesters.
The government operated two shelters for victims of sexual and gender-based violence, victims of trafficking in persons, and others in need of protection–one in Lofa County and one in Nimba County. The government did not operate shelters in Monrovia. The Sexual Pathways Referral Program, a combined initiative of the government and NGOs, improved access to medical, psychosocial, legal, and counseling assistance for victims. The Ministry of Gender, Children, and Social Protection assigned gender coordinators and staff members to each county office to increase public awareness of sexual and gender-based violence crimes and refer victims to assistance. The ministry also established “buddy clubs” in public schools across the country for children to discuss and report sexual and gender-based violence cases. Police officers received training on sexual and gender-based violence through programs sponsored by the EU Spotlight Initiative and the UNDP.
An overtaxed justice system prevented timely prosecutions, and delays caused many victims to cease cooperating with prosecutors. Victims’ families sometimes requested money from the perpetrators as a form of redress; perpetrators sometimes offered money to prevent matters from going to court. Authorities often dropped cases due to a lack of evidence. The Women and Children Protection Section (WACPS) of the police reported that courts dropped 51 percent of reported domestic violence cases due to lack of evidence. The ability to collect and preserve evidence of sexual and gender-based violence crimes was also lacking.
Although outlawed, domestic violence remained a widespread problem, and the Ministry of Gender stated 16 percent of reported sexual and gender-based violence cases were for domestic violence.
The 2019 Domestic Violence Act reportedly strengthened penalties and provided support for a referral mechanism, although copies of the law, and a simplified version of it, were not widely available to the public due to lack of funding. The maximum penalty for conviction of domestic violence was six months’ imprisonment, but the government did not enforce the law effectively. The WACPS received reports on cases of domestic violence between January and September, which showed a decrease in the cases reported during the same period in 2019. Government and civil society officials attributed the reduced reporting of cases to the COVID-19 pandemic, as movement restrictions delayed official reporting, support services were limited due to the lockdown, and victims were unwilling to identify perpetrators while still living in close proximity under curfews and stay-at-home orders during the government declared state of emergency from April 8 through July 22. Civil society officials suggested that lack of speedy trials led victims to seek redress outside the formal justice system.
Female Genital Mutilation/Cutting (FGM/C): According to the 2019-20 Demographic and Health Survey, 38 percent of girls and women ages 15 to 49 had undergone FGM/C, with higher prevalence in the country’s northern regions. Although the government routinely decried FGM/C in discussions of violence against women, there were no laws criminalizing it. Political resistance to passing legislation criminalizing FGM/C continued because of the public sensitivity of the topic and its association with particular tribes in populous counties. In 2018 then president Ellen Johnson Sirleaf issued an executive order to prohibit FGM/C of all persons younger than age 18 and of persons older than 18 without their consent, but the order lapsed in early 2019 with no extension announced. NGO representatives reported there was little political will within the legislature to take on the issue of FGM/C.
In June 2019 the National Council of Chiefs and Elders and the Ministry of Internal Affairs, with support from UN Women and the EU Spotlight Initiative, agreed to suspend for one year the activities of “bush schools” or traditional schools, like the Sande Society, in which girls learned farming and household skills but were often subjected to initiation rites, including FGM/C. Although the one-year period ended in June, the suspension reportedly remained in place and largely enforced by the Traditional Council of Chiefs and Elders in collaboration with the Ministry of Internal Affairs. The Sande (for females) and Poro (for males) societies–often referred to as “secret societies”–combine traditional religious and cultural practices and engage in FGM/C as part of their indoctrination ceremonies. Several human rights organizations reported bush school activities and FGM/C continued, despite the ban. In April, Front Page Africa reported a 25-year-old woman was drugged, abducted, forcibly subjected to FGM/C as part of ritual initiation into the Sande Society, and then held for three weeks. The victim alleged that someone in her family had paid for the initiation and procedure.
Other Harmful Traditional Practices: Many observers, including the INCHR, the Civil Society Human Rights Advocacy Platform, and the human rights office of the United Methodist Church, reported an apparent increase in harmful traditional practices during the year, including ritualistic killings, accusations of witchcraft, and trial by ordeal, although comprehensive data to confirm the increase was unavailable. Commonly called “Sassywood,” trial by ordeal is a way to establish guilt or innocence that takes many forms. Reported incidents of trial by ordeal included drinking a concocted liquid, heating a metal object until it glowed red and then applying it to the accused’s skin, beatings, inserting sharp objects into bodily orifices (including the vagina), and forcing women to parade naked around the community.
It remained difficult to obtain convictions for ritualistic killings in the court system because the justice system does not recognize traditional rites as judicable issues. There were reports of killings in which perpetrators removed body parts from the victims. The online newspaper Bush Chicken reported that on September 8, the body of a three-year-old girl was discovered in Dowein District, Bomi County, with body parts missing, including eyes, genitalia, tongue, and left foot, all indications that the child may have been a victim of ritual murder.
There were multiple cases of life-threatening violence against persons accused of witchcraft. In September 2019 a jury in Buchanan convicted seven men and sentenced each of them to 45 years in prison on charges of murder, aggravated assault, criminal facilitation, and criminal conspiracy for their roles in a 2018 attack against three women accused of witchcraft, in which one woman was raped and another killed.
Sexual Harassment: The law prohibits sexual harassment in the workplace, but it remained a significant problem at work and in schools. Government billboards and notices in government offices warned against harassment in the workplace. In 2019 the Ministry of Gender, Children, and Social Protection and the Ministry of Education trained school administrators, students, and parents from seven of the 15 counties to identify warning signs and report incidents of sexual harassment and violence in schools.
Reproductive Rights: No laws restrict couples and individuals from deciding the number, spacing, and timing of their children or managing their reproductive health, and individuals have the right to seek and acquire information on reproductive health, free from discrimination, coercion, or violence. While the majority of clinics in the country provided family planning counselling and a mix of planning methods, access to these services at times proved challenging, particularly for women living in rural areas or those with limited financial means.
According to the 2019-20 Liberia Demographic Health Survey (LDHS), 25 percent of women between the ages of 15 and 49 reported using a modern form of contraception. Among sexually active unmarried women, 45 percent used modern family planning, while 23 percent of married women used a modern method. Unmet needs for family planning (defined as the percentage of sexually active women who want to postpone their next birth or limit their number of births but did not use a modern method of contraception) increased slightly from 31 percent in 2013 to 33 percent, according to the 2019-20 LDHS. The highest unmet need was among girls and younger women; almost half (47 percent) of women between the ages of 15 and 19 had an unmet need for family planning, primarily for the spacing of children.
The 2019-20 LDHS estimated the maternal mortality rate for the seven-year period before the survey was 742 maternal deaths per 100,000 live births. The survey estimated that 84 percent of births were attended by a skilled provider. According to the survey, the birth rate for adolescents was 30 percent. Female genital mutilation/cutting (FGM/C) remained a problem and contributed to maternal morbidity.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: By law women may inherit land and property, are entitled to equal pay for equal work, have the right of equal access to education, and may own and manage businesses. By family law, men retain legal custody of children in divorce cases. In rural areas traditional practice or traditional leaders often did not recognize a woman’s right to inherit land. Programs to educate traditional leaders on women’s rights, especially on land rights, made some progress, but authorities often did not enforce those rights in rural areas.
Birth Registration: The nationality law stipulates children of “Negro” descent born in the country to at least one Liberian parent are citizens. Children born outside the country to a Liberian father are also Liberian citizens. Nevertheless, they may lose that citizenship if they do not reside in the country prior to age 21, or if residing abroad they do not take an oath of allegiance before a Liberian consul before age 23. Children born to non-Liberian fathers and Liberian mothers outside of the country do not derive citizenship from the mother.
If a child born in the country is not of “Negro” descent, the child may not acquire Liberian citizenship. “Non-Negro” residents, such as members of the large Lebanese community, may not acquire or transmit citizenship. The law requires parents to register their infants within 14 days of birth, but only 25 percent of children younger than age five had birth certificates.
Education: Only 26.1 percent of children of official primary school age were enrolled in school, and only 34 percent of children completed primary education. On average, children attended school for 4.7 years in Liberia. The law provides for tuition-free and compulsory education in public schools from the primary (grades one to six) through junior secondary (grades seven to nine) levels, but many schools charged informal fees to pay for teachers’ salaries and operating costs the government did not fund. These fees prevented many students from attending school. By law fees are required at the senior secondary level (grades 10 to 12).
Girls accounted for less than half of all students and graduates in primary and secondary schools, with their proportion decreasing progressively at higher levels. Sexual harassment of girls in schools was commonplace, and adolescent girls were often denied access to school if they became pregnant. Nonetheless, the country continued to work on narrowing the gender gap at all levels of education, especially in primary school, where the gender parity index went from 88 girls per 100 boys in 2008 to 95 girls for every 100 boys in school in 2017. Students with disabilities and those in rural counties were most likely to encounter significant barriers to education. Only 14 percent of girls in rural areas completed primary school.
Child Abuse: Child abuse was a widespread and persistent problem, and there were numerous cases reported throughout the year, including of sexual violence against children. The government engaged in public awareness campaigns to combat child rape. According to the Ministry of Gender, Children, and Social Protection, more rape victims were reported in the 13 to 17 age group than in any other. In July, FrontPage Africa reported that an adolescent girl was sodomized after she was thrown out of her family home in the Omega Tower community for “witchcraft.” The girl was discovered early the next morning lying on the main road between Montserrado and Margibi Counties. Some community members accused the family of the victim of neglect and blamed them for throwing the girl out after relatives alleged she confessed to killing her 25-year-old uncle.
In June police arrested Johnson Chuluty in the Mount Barclay community of Montserrado County for statutory rape for allegedly impregnating his 15-year-old stepdaughter. Police also arrested the wife of the suspect, Mary Chuluty. In a video posted on social media, the victim explained she was living with her mother and stepfather when the rape occurred. The victim relayed that because the rape resulted in pregnancy, her mother sent her to Lofa County to live with her grandmother, where she remained until she gave birth. Police confirmed that the victim was placed in the care of the Ministry of Gender, Children, and Social Protection.
On November 25, the Ministry of Gender, Children, and Social Protection in collaboration with the Office of the First Lady and Partners officially launched the 16-Days of Activism against Gender Based Violence. It sought to ensure nationwide awareness in almost all communities of the country to promote the concept of preventing gender-based violence, advocate for the protection of women’s and girls’ rights in all sectors of the society through media engagement, and re-emphasize the fact that the solution to ending gender-based violence lies with all citizens.
From December 28 to December 31, the Ministry of Gender, Children, and Social Protection, in collaboration with the Child Protection Network and with support from the EU Spotlight Initiative, held a four-day Child Protection Awareness Campaign in five communities (Peace Island-540, Clara Town, New Kru Town, Soniwehn, and Brewersville Township) within Montserrado County. The awareness campaign focused on curtailing the number of rape cases, child labor, and harsh punishment instituted against children in homes, communities, and public and private locations. The campaign was also geared towards achieving the goals of the Government of Liberia and Partners Roadmap on Ending Sexual and Gender-Based Violence by 2022.
Child, Early,and Forced Marriage: The 2011 National Children’s Act sets the minimum marriage age for all persons at 18, the Domestic Relations Law sets the minimum marriage age at 21 for men and 18 for women, and the Equal Rights of Customary Marriage Law of 1998 permits a girl to marry at age 16. According to UNICEF, 9 percent of girls were married before age 15 and 36 percent before age 18.
With support from the EU Spotlight Initiative and the United Nations, the Ministry of Gender, Children, and Social Protection continued efforts to eliminate violence against women and girls, including sexual and gender-based violence and harmful practices such as child marriage. The campaign began in June 2019, when the ministry communicated with traditional leaders and community members in five counties in their local languages to raise awareness of the illegality and harm of child marriage.
Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography, and authorities generally enforced the law, although girls continued to be exploited, including in commercial sex in exchange for money, food, and school fees. The law requires a demonstration of force, fraud, or coercion to constitute a child sex trafficking offense, and therefore it does not criminalize all forms of child sex trafficking. Additionally, sex in exchange for grades was a pervasive problem in secondary schools, with many teachers forcing female students to exchange sexual favors for passing grades. The minimum age for consensual sex is 18. Statutory rape is a criminal offense that carries a maximum sentence of life imprisonment. The penalty for conviction of child pornography is up to five years’ imprisonment. Orphaned children remained especially susceptible to exploitation, including sex trafficking.
Infanticide or Infanticide of Children with Disabilities: There were cases of infanticide. On July 15, the 8th Judicial Circuit Court in Sanniquellie, Nimba County, freed 19-year-old Jamesetta Bendu Tour after she spent 10 months in prison without trial. She was accused of throwing her 22-month-old baby into the St. John River in September 2019. According to reports, the court freed Tour because the state prosecutor failed to pursue the case after two successive terms of court. On September 25, Tour admitted that she did throw her child into the river after she was put out by her parents, but she later contradicted that statement by saying the baby fell into the river while she was washing.
According to the Ministry of Justice’s Human Rights Protection Unit, children with disabilities were often stigmatized, abandoned, neglected, and purposely exposed to risks (including death). Persons with disabilities suffered torture and inhuman or degrading treatment or punishment. The National Union of the Organization of the Disabled (NUOD) reported families sometimes abandoned or refused to provide medical care to children with mental disabilities because of the taboo associated with the conditions or fear that the community would label children with disabilities as witches.
Displaced Children: Despite international and government attempts to reunite children separated from their families during the civil war, some street children, former child soldiers, and IDPs continued to live on the streets of Monrovia. Now adults, these homeless young individuals, who often suffered from drug addiction and engaged in crime, were referred to as “zogos.”
Institutionalized Children: Regulation of orphanages continued to be very weak, and many lacked adequate sanitation, medical care, and nutrition. The Ministry of Gender, Children, and Social Protection did not monitor orphanages to ensure provision of basic services. Orphanages relied primarily on private donations and support from international organizations. Many orphans received little to no assistance. The ministry continued to run a temporary shelter capable of accommodating approximately 35 vulnerable children, including abandoned and orphaned children, which provided for basic needs until reunification with relatives.
Since the country did not have a designated facility for their care, juvenile offenders outside the Monrovia Central Prison were routinely held in separate cells in adult offender cellblocks (see section 1.c.). Guidelines existed and steps occasionally were taken to divert juveniles from the formal criminal justice system and place them in a variety of safe homes and “kinship” care situations.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Officials at the Ministry of Justice and the Ministry of Labor occasionally misapplied the term human trafficking to likely cases of international child abduction.
The constitution prohibits discrimination against persons with disabilities, but these prohibitions were not always enforced. Most government buildings were not easily accessible to persons with mobility impairment. Sign language interpretation was often not provided for deaf persons in criminal proceedings or in the provision of state services. The Ministry of Gender, Children, and Social Protection and the National Commission on Disabilities are the government agencies responsible for protecting the rights of persons with disabilities and implementing measures designed to improve respect for their rights.
Persons with disabilities faced discrimination in employment, housing, access to all levels of education, and health care. Activists for persons with disabilities reported property owners often refused housing to persons with disabilities. According to NUOD, persons with disabilities were more likely to become victims of sexual and gender-based violence.
Some persons with disabilities suffered inhuman or degrading treatment or punishment.
In April 2019 newspaper Front Page Africa reported that a 13-year-old girl with visual impairment was raped on separate occasions by two individuals, one of them a 17-year-old Braille instructor at the Christian Association of the Blind school, who impregnated her. The first of the alleged perpetrators was arrested in September 2019 at the age of 20. The Ministry of Justice Sexual Crimes Unit recommended that the alleged perpetrator be tried as a juvenile, but the court rejected the recommendation. The second alleged perpetrator was released by the Juvenile Court without the consent of the victim’s family and charged as a minor with corruption of a minor, although he was 20 years old at the time of his arraignment.
Few children with disabilities had access to education. Public educational institutions discriminated against students with disabilities, arguing resources and equipment were insufficient to accommodate them. Some students with disabilities attended a few specialized schools mainly for the blind and deaf–but only through elementary school. Students with more significant disabilities are exempt from compulsory education but may attend school subject to constraints on accommodating them. In reality few such students were able to attend either private or public schools.
The right of persons with disabilities to vote and otherwise participate in civic affairs is legally protected and generally respected. The law requires that the National Election Commission (NEC), to the extent practical, make registration and voting centers accessible to persons with disabilities. Despite educational sessions held by the NEC on the issue, persons with disabilities faced challenges during the voter registration and voting periods, including lack of access ramps, limited transportation to voter registration and polling centers, and limited mobility assistance at polling centers. The NEC, however, offered tactile ballots for the visually impaired.
Voting assistance in the December 8 senatorial elections and national referendum included the use of tactile ballots and permission for a trusted family member to accompany disabled voters, but some voters without a family member or accompanied by children had difficulty voting.
Although the law prohibits ethnic discrimination, racial discrimination is enshrined in the constitution, which restricts citizenship and land ownership to those of “Negro descent.” While persons of Lebanese and Asian descent who were born or who had lived most of their lives in the country may not by law attain citizenship or own land, there were some exceptions.
The law recognizes 16 indigenous ethnic groups; each speaks a distinct primary language and is concentrated regionally. Long-standing disputes regarding land and other resources among ethnic groups continued to contribute to social and political tensions.
The law prohibits consensual same-sex sexual activity. “Voluntary sodomy” is a misdemeanor with a penalty for conviction of up to one year’s imprisonment. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists reported LGBTI persons faced difficulty obtaining redress for crimes committed against them, including at police stations, because those accused of criminal acts used the victim’s LGBTI status in defense of their crime.
LGBTI persons continued to record instances of assaults, harassment, and hate speech by community members. In October, two members of a group known for beating and humiliating persons suspected to be LGBTI were arrested and referred to the Monrovia City Court at Temple of Justice. Defendant Cheeseman Cole, believed to be the ringleader of the group, along with Emmanuel Tarpeh, were arraigned before Magistrate Jomah Jallah to answer to multiple offenses that included criminal attempt to commit murder and aggravated assault, among others. Cole and Tarpeh were later remanded at the Monrovia Central Prison to await prosecution after they could not secure a lawyer to process bail for their release. Cole, who was dishonorably discharged from the armed forces due to acts of criminality, faced allegations of brutality and torture against numerous young men he lured to his residence via Facebook over unfounded suspicion they were gay.
The Liberian Initiative for the Promotion of Rights, Identity, and Equality reported that in November 2019 an HIV testing drop-in center was stormed by members of the surrounding community who attacked a number of LGBTI persons who had gathered to celebrate a birthday. Reports indicated that approximately 10 persons were injured and five hospitalized, including one person stabbed and another knocked unconscious.
On November 12, OHCHR and UNDP published the Sexual Orientation, Gender Identity and Rights in Africa: Liberia Country Report. The report calls attention to challenges and abuses LGBTI individuals face in Liberia, including arbitrary detention, violence, discrimination, stigma, inequality, social exclusion, as well as the denial of rights to freedom of expression, association, and assembly. The launch event was organized by the INCHR, with the approval of a number of LGBTI organizations. In the weeks following the report launch, several threats to the LGBTI community were reported, one allegedly emanating from a government official. The threats prompted a number of activists to seek relocation assistance.
LGBTI victims were sometimes afraid to report crimes to police due to social stigma surrounding sexual orientation and rape as well as fear police would detain or abuse them because of their sexual orientation or gender identity. The HIV/AIDS team of the police and the Solidarity Sisters–a group of female police officers–undertook outreach to key communities, resolved disputes before they escalated, and helped other police officers respond to sensitive cases.
Authorities of the police’s Community Services Section noted improvements in obtaining redress for crimes committed against LGBTI persons due to several training sessions on sexual and reproductive rights. Police sometimes ignored complaints by LGBTI persons, but LGBTI activists noted improvements in treatment and protection from police after officers underwent human rights training.
LGBTI individuals faced discrimination in accessing housing, health care, employment, and education. There were several reports from LGBTI activists that property owners refused housing to members of the LGBTI community by either denying applications or evicting residents from their properties. In 2016 the Liberia Business Registry denied registration to an NGO promoting human rights of LGBTI persons for “activity which is not allowed in Liberia.” The organization was later able to register under an acronym and with a modified scope of work.
There were press and civil society reports of harassment of persons on the basis of their real or perceived sexual orientation or gender identity, with some newspapers targeting the LGBTI community. Hate speech was a persistent issue. Influential figures such as government officials and traditional and religious leaders made public homophobic and transphobic statements.
The Ministry of Health had a coordinator to assist minority groups–including LGBTI persons–in obtaining access to health care and police assistance. Members of the LGBTI community often called upon trained protection officers to intervene in cases of harassment and violence.
The law prohibits “discrimination and vilification on the basis of actual and perceived HIV status” in the workplace, school, and health facilities, with conviction of offenses punishable by a small fine.
The most recent demographic and health survey (2019) found no measurable change since 2007 in popular attitudes, which remained broadly discriminatory, toward those with HIV. HIV-related social stigma and discrimination discouraged individuals from testing for their HIV status, thus limiting HIV prevention and treatment services. According to UNAIDS, an estimated 47,000 persons had HIV in the country during the year, with approximately 1,900 new cases reported annually. Children orphaned because of AIDS faced similar social stigma.
Government ministries developed, adopted, and implemented several plans to combat social stigma and discrimination based on HIV status. The Ministry of Health supported training to make health-care facilities more receptive to key populations, held discussions and outreach sessions, and provided services through drop-in centers. The Ministry of Justice and police worked with civil society organizations to engage key populations.
The penal code classifies mob violence as a crime. Nevertheless, mob violence and vigilantism, due in part to the public’s lack of confidence in police and the judicial system, were common and often resulted in deaths and injuries. Although mob violence sometimes targeted alleged criminals, it was difficult to determine underlying reasons, since cases were rarely prosecuted.
Libya
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape but does not address spousal rape. The 2011 Constitutional Declaration prohibits domestic violence but does not contain reference to penalties for those convicted of violence against women.
There were no reliable statistics on the extent of domestic violence. Social and cultural barriers–including police and judicial reluctance to act and family reluctance to publicize an assault–contributed to lack of effective government enforcement. Some local civil society organizations reported in the second quarter of the year that women were experiencing higher rates of domestic violence due to COVID-19 curfews and extended confinement at home.
By law a convicted rapist may avoid a 25-year prison sentence by marrying the survivor, regardless of her wishes, provided her family consents. Rape survivors who could not meet high evidentiary standards could face charges of adultery.
Migrant women and girls remained particularly vulnerable to rape and sexual violence, including forced prostitution and sexual exploitation in conditions amounting to sexual slavery. There were reports of egregious acts of sexual violence against women and girls in government and extralegal detention facilities (see section 2.d., Protection of Refugees).
The Supreme Judicial Council established two courts in Tripoli and Benghazi dedicated to addressing violence against women, men, and children. In October authorities appointed five women judges who will serve on these two specialized courts.
Female Genital Mutilation/Cutting (FGM/C): There was no information available about laws on FGM/C. FGM/C was not a socially acceptable practice, although some of the migrant populations came from sub-Saharan countries where it was practiced.
Sexual Harassment: The law criminalizes sexual harassment, but there were no reports on how or whether it was enforced. According to civil society organizations, there was widespread harassment and intimidation of women by armed groups, including harassment and arbitrary detention based on accusations of “un-Islamic” behavior.
There were reports armed groups harassed women traveling without a male “guardian” and that men and women socializing in public venues were asked by armed groups to produce marriage certificates to verify their relationship.
Reproductive Rights: By law couples have the right to decide the number, spacing, and timing of their children free from discrimination, coercion, or violence; however, the law limits abortion to cases in which the life of a girl or woman is at risk. The UN Population Fund (UNFPA) noted family planning services were significantly limited due to cultural and social norms favoring large families, as well as the absence of prioritization of the issue by the government. Access to information on reproductive health and contraception was also difficult for women to obtain given social norms surrounding sexuality.
According to UNFPA estimates, the reported contraceptive prevalence rate was approximately 27 percent, and nearly 41 percent of women had unmet needs with respect to family planning using modern methods. Women’s access to maternal health-care services and contraceptive supplies declined during the year due to continued political instability. Additionally, the UNFPA stated political unrest exacerbated existing social disparities in the provision of health-care services, creating inequities between urban and rural populations. According to the WHO, the large number of IDPs and access restrictions in conflict zones significantly affected the provision of reproductive health services. The WHO also reported lack of access to family planning services, obstetrical care, and treatment of sexually transmitted infections.
According to UNSMIL, incidents of conflict-related sexual violence by armed groups remained severely underreported because of fear, intimidation, and stigma related to underlying discriminatory gender norms. The government generally did not effectively provide access to sexual and reproductive health services for survivors of sexual violence, including survivors of conflict-related sexual abuse. Civil society actors provided limited legal assistance to survivors in the absence of the government. A coalition of NGOs reported to the United Nations in 2019 that survivors and victims of sexual violence often found it difficult to locate information on existing services and resources available for them, particularly among indigenous and rural communities.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The 2011 Constitutional Declaration states citizens are equal by law with equal civil and political rights and the same opportunities in all areas without distinction on the grounds of gender. Absent implementing legislation, and operating with limited capacity, the GNA did not effectively enforce these declarations.
Women faced social forms of discrimination that affected their ability to access employment, their workplaces, and their mobility and personal freedom. Although the law prohibits discrimination based on gender, there was widespread cultural, economic, and societal discrimination against women. The UN Entity for Gender Equality and the Empowerment of Women (UN Women) noted that survey data indicated a significant disparity in earned incomes between men and women, even when adjusted for educational attainment. There were significant inequalities in women’s access to insurance, loans, and other forms of social protection.
The country lacks a unified family code. Sharia often governs family matters, including inheritance, divorce, and the right to own property. While civil law mandates equal rights in inheritance, women often received less due to interpretations of sharia that favor men.
Birth Registration: By law, children derive citizenship from a citizen father. The law permits citizen women who marry foreign men to transmit citizenship to their children, although some contradictory provisions may potentially perpetuate discrimination. There are also naturalization provisions for noncitizens.
Education: The continuing conflict disrupted the school year for thousands of students across the country; many schools remained unopened due to lack of materials, damage, or security concerns. Internal displacement further disrupted school attendance as many schools were repurposed as IDP shelters. School and university classes were suspended in March following the onset of the COVID-19 pandemic.
Child, Early, and Forced Marriage: The minimum age for marriage is 18 for both men and women, although judges may permit those younger than 18 to marry. LNA authorities reportedly imposed a minimum age of 20 for both men and women. Early marriages were relatively rare, according to UN Women, although comprehensive statistics were not available due to the lack of a centralized civil registry system and the continuing conflict.
There were anecdotal reports of child marriage occurring in some rural and desert areas where tribal customs are more prominent. There were also unconfirmed reports that civil authorities could be bribed to permit underage marriage.
Sexual Exploitation of Children: There was no information available on laws prohibiting or penalties for the commercial sexual exploitation of children or for child pornography, nor on laws regulating the minimum age of consensual sex.
Most of the Jewish population left the country between 1948 and 1967. Some Jewish families reportedly remained, but no estimate of the population was available. There were no high-profile reports of anti-Semitic acts during the year.
The 2011 Constitutional Declaration addresses the rights of persons with disabilities by providing for monetary and other types of social assistance for the “protection” of persons with “special needs” with respect to employment, education, access to health care, and the provision of other government services, but it does not explicitly prohibit discrimination. The government did not effectively enforce these provisions. IDPs, migrants, and refugees with disabilities were especially vulnerable to poor treatment in detention facilities.
Some organizations estimated that up to 13 percent of citizens may experience some form of disability, although GNA estimates were much lower. Years of postrevolutionary conflict also led to a greater incidence of persons maimed by shelling or explosive war remnants.
In the second quarter of the year, human rights activists called on health authorities to make their COVID-19 response plans more inclusive of persons with disabilities. These activists reported that COVID-19 curfews and movement restrictions made it more difficult for persons with disabilities to access cash, food, and medicine.
Arabic-speaking Muslims of Arab, Amazigh, or mixed Arab-Amazigh ancestry constitute a majority of the citizenry. The principal linguistic-based minorities are the Amazigh, Tuareg, and Tebu. With the exception of some Amazigh, who belong to the Ibadi sect of Islam, minority groups are predominantly Sunni Muslim but often identified with their respective cultural and linguistic heritages over Arab traditions.
The law grants the right for “all linguistic and cultural components to have the right to learn their language,” and the government nominally recognizes the right to teach minority languages in schools. Minority and indigenous groups complained that their communities were often allowed to teach their languages only as an elective subject within the curriculum.
The extent to which the government enforced official recognition of minority rights was unclear. There were reports that teachers of minority languages faced discrimination in receiving accreditation and in being eligible for bonuses, training, and exchange opportunities provided by the Ministry of Education.
There were also reports that individuals with non-Arabic names encountered difficulties registering these names in civil documents.
Ethnic minorities faced instances of societal discrimination and violence. Racial discrimination existed against dark-skinned citizens, including those of sub-Saharan African heritage. Government officials and journalists often distinguished between “local” and “foreign” populations of Tebu and Tuareg in the south and advocated expulsion of minority groups affiliated with political rivals on the basis they were not truly “Libyan.”
Some representatives of minority groups, including from the Amazigh, Tebu, and Tuareg communities, rejected the 2017 draft constitution because of a perceived lack of recognition of the status of these communities, although the draft explicitly protects the legal rights of minority groups.
A number of Tebu and Tuareg communities received substandard or no services from municipalities, lacked national identity numbers (see section 2.d.), faced widespread social discrimination, and suffered from hate speech and identity-based violence. In southern Libya, if a member of one tribe or group attacked a member of another tribe or group, it was not uncommon for the latter tribe to take retribution against multiple members of the former group.
Some members of ethnic minority communities in southern and western Libya reported being unwilling to enter certain courthouses and police stations for fear of intimidation and reprisal.
There were numerous reports throughout the year of ethnic minorities being injured or killed in confrontations with other groups.
Societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons persisted, and official discrimination was codified in local interpretations of sharia. Convictions of same-sex sexual activity carry sentences of three to five years’ imprisonment. The law provides for punishment of both parties.
There was little information on discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care. Observers noted that the threat of possible violence or abuse could intimidate persons who reported such discrimination.
There were reports of physical violence, harassment, and blackmail based on sexual orientation and gender identity. Armed groups often policed communities to enforce compliance with their commanders’ understanding of “Islamic” behavior, harassing and threatening with impunity individuals believed to have LGBTI orientations and their families.
In December 2019 an internationally recognized, Tripoli-based journalist, Redha al-Boum, was arbitrarily detained and tortured by a GNA-aligned group for two weeks for reporting on human rights conditions in the country, including coverage of the LGBTI community. According to international watchdog groups, he was conditionally released while awaiting a potential referral for trial proceedings.
There was no available information on societal violence toward persons with HIV or AIDS.
Malawi
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The penal code criminalizes rape of women and girls with a maximum penalty of death for conviction. The 2015 Marriage, Divorce, and Family Relations Act explicitly introduces the concept of spousal rape, but the act does not prescribe specific penalties for conviction and applies only to legally separated spouses. Spousal rape may be prosecuted under the rape provisions of the penal code. The government generally enforced the law effectively, and convicted rapists routinely received prison sentences.
Data on the prevalence of rape or spousal rape, prosecutions, and convictions were unavailable; however, press reporting of rape and defilement arrests and convictions were an almost daily occurrence. Although the maximum penalty for conviction of rape is death or life imprisonment, the courts generally imposed lesser prison sentences. For cases of conviction of indecent assault on women and girls, the maximum penalty is 14 years’ imprisonment. A person convicted of indecent assault on a boy younger than age 14 may be imprisoned for up to seven years.
The Ministry of Gender, Community Development, and Social Welfare and donor-funded NGOs conducted public education campaigns to combat domestic sexual harassment, violence, and rape.
The law provides a maximum penalty of life imprisonment for conviction of domestic violence and recognizes that both men and women may be perpetrators as well as victims. Domestic violence, especially wife beating, was common, although victims rarely sought legal recourse. Police regularly investigated cases of rape, sexual assault, and gender-based violence but did not normally intervene in domestic disputes. Police support units provided limited shelter for some abuse victims.
Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. There are no national statistics on FGM/C. The practice of labia elongation or pulling has been documented. It was performed on girls ages 11 to 15 during sexual initiation camps in rural areas of the Southern Region.
Other Harmful Traditional Practices: The law prohibits harmful social, cultural, or religious practices, including “widow cleansing” and “widow inheritance.” Nonetheless, in some areas widows were sometimes forced to have sex with male in-laws or a designee as part of a culturally mandated “sexual cleansing” ritual following the death of the husband. In some cases widows were “inherited” by a brother-in-law or other male relative. The government and NGOs sought to abolish such practices by raising awareness concerning the inherent dangers of such behavior, including the risk of HIV/AIDS transmission.
Kupimbira, a practice that allows a poor family to receive a loan or livestock in exchange for pubescent daughters, existed in some areas.
Despite certain legal prohibitions, many abusive practices, including the secret initiation of girls into the socially prescribed roles of womanhood, continued. Such initiations were often aimed at preparing girls for marriage with emphasis on how to engage in sexual acts. In some traditional communities, girls as young as 10 undergo kusasafumbi, a “cleansing ritual” in which the girls are raped by men. According to one UN-sponsored study, more than 20 percent of girls in secondary school underwent a form of initiation that involved rape by an older man.
Sexual Harassment: Although sexual harassment was believed to be widespread, there were no data on its prevalence or on the effectiveness of government enforcement of the law. The law makes conviction of sexual harassment punishable by up to five years’ imprisonment and places an obligation on government to have policies and procedures aimed at eliminating sexual harassment. Conviction of “insulting the modesty” of a woman is a misdemeanor punishable by one year’s incarceration. Conviction in extreme cases, such as indecent assault on a woman or girl is punishable by sentences of up to 14 years’ imprisonment.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. The law limits abortion to safeguarding the life and mental and physical health of a girl or woman.
Health-care clinics and local NGOs operated freely in disseminating information on family planning under the guidance of the Ministry of Health. There were no restrictions on the right to use contraceptives, but access was limited in rural areas. According the 2016 Malawi Demographic and Health Survey (MDHS), 81 percent of girls and women of reproductive age had their need for family planning satisfied with modern methods. The government provided free childbirth services, but availability depended upon access to hospitals and other medical facilities in rural areas.
The MDHS estimated the maternal mortality rate was 439 deaths per 100,000 live births, and a woman’s lifetime risk of maternal death was one in 29. HIV/AIDS and adolescent pregnancy were factors in these high rates. Nurses and midwives were a critical component of prenatal and postnatal care due to a shortage of doctors. According to the National Statistical Office, skilled health-care providers assisted in 90 percent of births in 2018. There was only limited access to emergency obstetric care, particularly in rural areas.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. In November 2019 the Office of the Ombudsman launched a public appeal for information and testimony following media reports of involuntary hysterectomies of caesarian patients at Blantyre’s referral hospital.
Discrimination: By law women have the same legal status and rights as men and may not be discriminated against based on gender or marital status, including in the workplace. Nevertheless, women had significantly lower levels of literacy, education, and formal and nontraditional employment opportunities, as well as lower rates of access to resources for farming. Widows often were victims of discriminatory and illegal inheritance practices in which most of an estate was taken by the deceased husband’s family. Although Malawian men may sponsor their wives for naturalization, the law does not permit Malawian women to sponsor their husbands for naturalization.
The government addressed women’s concerns through the Ministry of Gender, Community Development, and Social Welfare. The law provides for a minimum level of child support, widows’ rights, and maternity leave; however, few knew their rights or had access to the legal system and thus did not benefit from these legal protections.
Birth Registration: Citizenship may be derived from birth within the country or abroad to at least one Malawian parent “of African race.” There were no reports of discrimination or denial of services due to lack of birth registration.
Education: The government provided tuition-free primary education for all children. Education up to age 18 is compulsory, although many families could not afford book fees and uniforms, and limited space in secondary schools prevented many students from continuing beyond primary education. Students from poor families had access to a public book fund.
Child Abuse: Child abuse remained a serious problem. The press regularly reported cases of sexual abuse of children, including arrests for rape, incest, sodomy, and defilement.
The law prohibits subjecting a child to any social or customary practice that is harmful to health or general development. Prohibited practices include child trafficking, forced labor, early and forced marriage or betrothal, and use of children as security for loans or other debts.
The Ministry of Gender, Community Development, and Social Welfare activities to enhance protection and support of child victims included reuniting rescued victims of child labor with their parents and operating shelters for vulnerable children.
Child, Early, and Forced Marriage: The law sets the minimum age for marriage at 18. According to UNICEF, 46 percent of girls are married before 18, and 9 percent of girls are married before 15. Civic education on early marriage was carried out mainly by NGOs. Some traditional leaders annulled early marriages and returned the girls involved to school.
Sexual Exploitation of Children: The law forbids engaging in sexual activity with children younger than age 16 and stipulates penalties for conviction of 14 to 21 years’ imprisonment. The law further prohibits “indecent practice” in the presence of or with a child, with offenders liable to 14 years’ imprisonment.
The law prohibits commercial sexual exploitation of children, including child pornography and using a child for public entertainment of an immoral or harmful nature. The maximum penalty for conviction of engaging in child pornography is 14 years’ imprisonment, while those found guilty of procuring a child for public entertainment are liable to a substantial monetary fine and seven years’ imprisonment. The law was not effectively enforced.
The widespread belief that children were unlikely to be HIV-positive and that sexual intercourse with virgins could cleanse an individual of sexually transmitted diseases, including HIV/AIDS, contributed to the widespread sexual exploitation of minors. The trafficking of children for sexual purposes was a problem, and child prostitution for survival at the behest of parents or without third-party involvement occurred. In urban areas bar and rest house owners recruited girls as young as 12 from rural areas to do household work such as cleaning and cooking. They then coerced them to engage in sex work with customers in exchange for room and board.
Displaced Children: According to the 2015Demographic and Health Survey, 20 percent of children younger than age 18 were not living with either biological parent, and 12 percent were orphaned or vulnerable due to extended parental illness or death. Extended family members normally cared for such children and other orphans.
The Disability Act prohibits discrimination in education, health care, the judicial system, social services, the workplace, housing, political life, and cultural and sporting activities for persons with disabilities, defined as a long-term physical, mental, intellectual, or sensory impairment. The law prohibits discrimination against persons with disabilities in political and public life and calls for the government to take measures to provide access for them to transportation, information, and communication services. The law provides for the establishment of a disability trust fund to support persons with disabilities, including regarding access to public facilities, both governmental and private.
Societal stigma related to disability and the lack of accessibility to public buildings and transportation negatively affected the ability of persons with disabilities to obtain services and obtain and maintain employment.
Accommodations for persons with disabilities were not among the government’s priorities. Although the Disability Act took effect in 2013, the government had yet to adopt standards and plans for its enforcement and implementation. The Ministry of Gender, Community Development, and Social Welfare is responsible for protecting the rights of persons with disabilities, but it was unable to do so.
There were public and privately supported schools and training centers that assisted persons with disabilities. As of August the MHRC reported t two complaints were received related to abuse of disability rights.
The law criminalizes consensual same-sex sexual activity, or “unnatural offenses,” and conviction is punishable by up to 14 years’ imprisonment, including hard labor. Conviction of attempting “unnatural offenses” is punishable by seven years’ imprisonment. The penal code also criminalizes “indecent practices” between men as well as between women and provides for punishment of five years’ imprisonment if convicted. The government did not actively enforce these laws.
Same-sex sexual activity may also be prosecuted as “conduct likely to cause a breach of the peace.”
The Center for the Development of People documented 15 instances of abuse based on sexual orientation and gender identity. The nature of the abuses fell into three broad categories: stigma, harassment, and violence.
While the law does not prohibit discrimination against LGBTI persons, the revised Malawi National Strategic Plan for HIV and AIDS (2020-25) has also included the transgender and the men who have sex with men community as part of the key populations to be targeted reach towards its goals.
Societal discrimination against persons with HIV and AIDS remained a problem, especially in rural areas. Many individuals preferred to keep silent regarding their health conditions rather than seek help and risk being ostracized. Campaigns by the government and NGOs to combat the stigma had some success. The National AIDS Commission maintained that discrimination was a problem in both the public and private sectors.
The 2012 People Living with HIV Stigma Index for Malawi indicated that of 2,272 persons with HIV interviewed, significant percentages reported having been verbally insulted, harassed, and threatened (35 percent) and excluded from social gatherings (33 percent).
Mobs and local citizens sometimes engaged in vigilante attacks, at times killing persons suspected of crimes such as theft.
There were several attacks on persons with albinism driven by demand for body parts for witchcraft rituals. Religious, traditional, civil society, and political leaders, including the president, publicly denounced the attacks. On July 24, Dorothy Jeffrey, a woman with albinism, survived an attempted abduction at night at her home in Moliha Village in Machinga District. She and her grandmother were injured; one of her suspected abductors was arrested.
In January 2019 Eunice Nkhonjera, an 18-month-old girl with albinism, was abducted from her home in the northern town of Karonga. In February 2019 police arrested three persons suspected of involvement in her kidnapping. Goodson Makanjira, a 14-year-old boy with albinism, was abducted from his home in the central region district of Dedza. Police arrested six suspects, one of whom, Buleya Lule, died in police custody. Both cases remained under police investigation at year’s end. In a sign of increased vigilance against killings of persons with albinism, courts across the country handed down severe sentences to those convicted of killing persons with albinism.
Malaysia
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Rape of women or men is a criminal offense, as are most forms of domestic violence. Rape is punishable by a maximum 20 years’ imprisonment and caning. The law does not recognize marital rape as a crime.
Women’s groups asserted the courts were inconsistent in punishing rapists. According to the latest statistics from the NGO Women’s Aid Organization, there were 1,582 recorded rape cases in 2017, and 5,421 recorded cases of gender-based violence in 2018. There was a lack of investigation into accusations of rape and gender-based violence, and little accountability. After the movement control order to combat COVID-19 was implemented in March, the Ministry of Women, Family, and Community Development experienced a 57 percent spike in calls from women in distress.
In April a police inspector was arrested and suspended for abducting and raping two Mongolian women in Petaling Jaya. He reportedly stopped their taxi at a COVID-19 movement control order roadblock and, finding that they had no valid travel documents, took them forcibly to a hotel where he raped them. He was charged with eight counts of rape, carrying a maximum term of 30 years’ imprisonment and caning. He was separately charged with trafficking in persons for the purpose of exploitation through the abuse of power, with a maximum penalty of 20 years’ imprisonment and a fine. Initially set for July hearings, both cases were delayed due to the COVID-19 pandemic.
Although the government and NGOs maintained shelters and offered other assistance to victims of domestic violence, activists asserted that support mechanisms remained inadequate. Many government hospitals had crisis centers where victims of rape and domestic abuse could file reports without going to a police station. There is also a sexual investigations unit at each police headquarters to help victims of sexual crimes and abuse, and police sometimes assign psychologists or counselors to provide emotional support. NGOs reported that the government does not take action in cases of domestic violence; victims must keep evidence, gather witness testimony, and ensure their own safety.
The NGO Women’s Aid Organization reported that 9 percent of women who have ever been in a relationship experience domestic violence and that such violence was “symptomatic of a deeper problem: gender inequality.” In June the NGO stated that inquiries to its domestic-violence hotline had spiked to more than three times levels since February, before the COVID-19 movement control order was carried out. The NGO’s executive director, Sumitra Visvanathan, termed the sharp rise “extremely concerning,” noting that survivors in isolation with their abusers faced circumstances “where it is even easier for the abuser to exert control physically, emotionally, and socially.” In July, SUHAKAM cited the increased risk of violence faced by domestic workers, who were primarily migrant women, “exacerbated by restrictions on their travel and mobility, as well as by language barriers and xenophobia.”
Female Genital Mutilation/Cutting (FGM/C): The law does not prohibit FGM/C, and it was a common practice. While recent data was very limited, a 2012 study by a professor at the Department of Social and Preventive Medicine, University of Malaya, found that more than 93 percent of approximately 1,000 Muslim women surveyed in three of the country’s 13 states had undergone the procedure. Ministry of Health guidelines allow the practice in general but only at government health-care facilities, which was not always the case. Advocates and the international medical community remained concerned that the Health Ministry endorsement legitimizes the harmful practice and contributes to the “medicalization” of FGM. Women’s rights groups said a 2009 fatwa by the National Council of Islamic Religious Affairs declaring the practice obligatory made FGM/C more prevalent. According to an investigation published by local media in 2018, there are no standard procedures for the practice and “in some cases box cutters and stationery store blades are used.” Government officials defended the practice during a UN review in 2018, when a Ministry of Health official stated that the practice was performed only by medical professionals and compared it to immunization programs for female babies. The UN panel urged the country to abolish the practice.
Sisters in Islam reaffirmed its concern with a 2009 fatwa from the Malaysian Islamic Development Department requiring Muslim girls to be circumcised. In conjunction with the International Day of Zero Tolerance to Female Genital Mutilation in February, Sisters in Islam stated: “Even though this fatwa was not gazetted, the reality is that in general, fatwas have a strong influence over individuals and communities in their personal decision-making.” Azrul Mohd Khalib of the Galen Center for Health and Social Policy called on the government to ban the practice. “We should prohibit and criminalize the act of female circumcision to protect our infant daughters and girls from harm,” he said.
Sexual Harassment: The law prohibits a person in authority from using his or her position to intimidate a subordinate by any conduct that is sexual in nature. The law classifies some types of workplace sexual harassment as criminal offenses (see section 7.d.). A government voluntary code of conduct provides a detailed definition of sexual harassment intended to raise public awareness of the problem. Observers noted that authorities took claims seriously, but victims were often reluctant to report sexual harassment because of the difficulty of proving the offense and the lengthy trial process.
Reproductive Rights: Married couples have the right to decide the number, spacing, and timing of their children and to manage their reproductive health, but they did not always have the information and means to do so. Family planning services and programs were provided by the Ministry of Health, the National Population and Family Development Board under the Ministry of Women, Family, and Community Development, and the Federation of Reproduction Health Associations.
Sexual and reproductive health services were available at health ministry primary, secondary, and tertiary health care facilities, and included contraception, pregnancy tests, subfertility treatment, pap smears, screening and treatment for sexually transmittable diseases, HPV vaccination, and counseling. Government-run family planning clinics often did not provide contraceptive services to unmarried young people. Birth control pills were available at private pharmacies without prescription but at higher prices than at government clinics.
One-Stop Crisis Centers, an integrated multiagency service in the emergency department of most major public hospitals, provided support to victims of sexual violence.
Sexual health education remained a sensitive topic, with a majority of the population viewing abstinence as the only permissible form of contraception. Reproductive awareness activists and NGOs that provided sexual health education were frequently accused of encouraging sin and eliciting sexual behaviors.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution prohibits discrimination against citizens based on gender and gives men and women equal property rights although sharia, which deviates from these principles in some areas, was sometimes applied. For instance, Islamic inheritance law generally favors male offspring and male relatives. Sharia also generally requires a husband’s consent for divorce, but a small and steadily increasing number of women obtained divorces under sharia without their husband’s consent. Non-Muslims are not subject to sharia. Civil law gives non-Muslim mothers and fathers equal parental rights, while sharia favors fathers. Nevertheless, four states–Johor, Selangor, Negri Sembilan, and Pahang–extend equal parental rights to Muslim mothers.
The law requires equal pay for male and female workers for work of equal value. Nonetheless, NGOs reported continued discrimination against women in the workplace in terms of promotion and salary (see section 7.d.).
The law does not permit mothers to transmit citizenship automatically to children born overseas. Children born overseas can only be registered as citizens if the father of the child is a citizen.
Birth Registration: A child born in the country obtains citizenship if one parent is a citizen or permanent resident at the time of birth and the parents are married. Parents must register a child within 14 days of birth. Parents applying for late registration must provide proof the child was born in the country. According to UNHCR, children born to citizen mothers outside the country may only acquire citizenship at the discretion of the federal government through registration at an overseas Malaysian consulate or at the National Registration Department in country. Authorities do not register children born to illegal immigrants or asylum seekers. UNHCR registered children born to refugees (see section 2.d.).
Education: Education is free, compulsory, and universal through primary school (six years) for citizens and permanent residents, although there was no mechanism to enforce attendance. Public schools are not open to the children of illegal immigrants or refugees, whether registered with UNHCR or not.
Child, Early, and Forced Marriage: The minimum age of marriage is 18 for men and 16 for women. Muslim women younger than 16 may marry with the approval of a sharia court. Indigenous persons are governed by customary laws with no fixed minimum age for marriage. In some cases authorities treated early marriage as a solution to statutory rape. Advocates remained concerned that Rohingya refugee families were resorting to child marriage for their girls to cope with economic hardship.
The federal government launched a national five-year roadmap in January targeting the issue of child marriage. The plan outlined policies to increase access to education and attendance in schools, increase access to health education, address stigma and social norms on child marriage, and ensure laws and guidelines on child marriages are in line with government policies guarding the well-being of children.
Sexual Exploitation of Children: The law outlaws child pornography and states that a child is considered a victim of sexual abuse if he or she has taken part as a participant or an observer in any activity that is sexual in nature for the purposes of a photograph, recording, film, videotape, or performance. Federal police reported approximately 20,000 internet addresses in the country uploading and downloading child pornography. Under the law the minimum age for consensual, noncommercial sex is 16 for both boys and girls. The involvement in making or producing child pornography carries a penalty of up to 30 years’ imprisonment and not less than six strokes of a cane; conviction for accessing or possessing child pornography carries a punishment of five years’ imprisonment or a fine; conviction for trafficking in persons involving a child for the purposes of sexual exploitation carries a punishment of three to 20 years’ imprisonment and a fine.
There is a special court for sexual crimes against children, established to speed up trials that often took years to conclude. Child prostitution existed, and a local NGO estimated in 2015, the last year with reported data, that 5,000 children were involved in sex work in Kuala Lumpur and surrounding areas. Authorities, however, often treated children engaged in prostitution as offenders or undocumented immigrants rather than as victims.
The government focused on preventing sexual exploitation of children, including commercial sexual exploitation.
The law provides for six to 20 years’ imprisonment and caning for persons convicted of incest.
As of October federal police recorded 1,721 sexual crime cases involving children, while 813 cases were with the special court handling sexual crimes against children.
A child’s testimony is acceptable only if there is corroborating evidence, which posed special problems for molestation cases in which the child victim was the only witness.
Displaced Children: Street children were most prevalent in Sabah. Estimates of the street-child population ranged from a few thousand to 15,000, many of whom were born in the country to illegal immigrant parents. Authorities deported some of these parents, leaving their children without guardians. Lacking citizenship, access to schooling, or other government-provided support, these children often resorted to menial labor, criminal activities, and prostitution to survive; those living on the streets were vulnerable to forced labor, including forced begging.
The country’s Jewish population was estimated at between 100 and 200 persons, consisting mostly of expatriates and foreigners. Anti-Semitism was a serious problem across the political spectrum and attracted wide support among segments of the population.
A 2015 Anti-Defamation League survey found 61 percent of citizens held anti-Jewish attitudes. A newspaper reported in April 2019 the statement in parliament of the then home minister that the number of Israelis entering Malaysia for business and technology-related events dwindled from 33 in 2016 to only three in 2019. Former prime minister Mahathir defended his right to be anti-Semitic in interviews. Restrictions on Israeli citizens from entering Malaysia remain.
The law affords persons with disabilities the right to equal access and use of public facilities, amenities, services, and buildings open or provided to the public. The Ministry of Women, Family, and Community Development is responsible for safeguarding the rights of persons with disabilities.
New government buildings generally had a full range of facilities for persons with disabilities. The government, however, did not mandate accessibility to transportation for persons with disabilities, and authorities retrofitted few older public facilities to provide access to persons with disabilities. Recognizing public transportation was not “disabled friendly,” the government maintained its 50 percent reduction of excise duty on locally made cars and motorcycles adapted for persons with disabilities.
Employment discrimination occurred against persons with disabilities (see section 7.d.).
Students with disabilities attended mainstream schools, but accessibility remained a serious problem. Separate education facilities also existed but were insufficient to meet the needs of all students with disabilities.
The constitution gives ethnic Malays and indigenous groups, collectively known as bumiputra, a “special position” in the country. Government regulations and policies provided extensive preferential programs to boost the economic position of bumiputra, who constituted a majority of the population. Such programs limited opportunities for non-bumiputra (primarily ethnic Chinese and Indians) in higher education and government employment. Many industries were subject to race-based requirements that mandated bumiputra ownership levels. Government procurement and licensing policies favored bumiputra-owned businesses. The government claimed these policies were necessary to attain ethnic harmony and political stability.
The constitution provides indigenous and nonindigenous people with the same civil and political rights, but the government did not effectively protect these rights.
Indigenous people in peninsular Malaysia, known as Orang Asli, who number approximately 200,000, constitute the poorest group in the country and had very little ability to participate in decisions that affected them. A constitutional provision provides for “the special position of the Malays and natives of any of the States of Sabah and Sarawak” but does not refer specifically to the Orang Asli. This ambiguity over the community’s status in the constitution led to selective interpretation by different public institutions.
The courts have ruled that the Orang Asli have rights to their customary lands under the constitution, but NGOs said the government failed to recognize these judicial pronouncements. The government can seize this land if it provides compensation. There were confrontations between indigenous communities and logging companies over land, and uncertainty over their land tenure made indigenous persons vulnerable to exploitation.
In June, two Orang Asli communities set up blockades at the entrances to their villages in Kelantan and Perak States to protest logging activities in the area. In a police report, villagers claimed their village had been “pawned away” by the Kelantan government.
In September the Federal Court ordered the Johor state government to pay RM 5.2 million ($1.2 million) to the residents of Orang Laut Seletar village as compensation for their ancestral land, after villagers were forced to relocate in 1993 to make way for development. The court also ordered that a separate land area which the villagers now occupied be registered as an Orang Asli settlement. Lawyer Tan Poh Lai, representing the villagers, termed the settlement a “great victory” for the Orang Asli, stating, “This is a recognition that the land they were made to move from was indeed native customary land. This result is an encouragement for all Orang Asli in Malaysia.”
All same-sex sexual conduct is illegal. The law states that sodomy and oral sex acts are “carnal intercourse against the order of nature.” In November 2019 the Selangor State sharia court sentenced five men to six to seven months in jail, six strokes of the cane, and a fine for “attempting to have intercourse against the order of nature.” Numan Afifi, an activist for lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights told media the ruling was “a gross injustice” and would cause a “culture of fear.” Religious and cultural taboos against same-sex sexual conduct were widespread (see section 2.a.).
Authorities often charged transgender persons with “indecent behavior” and “importuning for immoral purposes” in public. Those convicted of a first offense face a token fine and a maximum sentence of 14 days in jail. The sentences for subsequent convictions are fines and up to three months in jail. Local advocates contended that imprisoned transgender women served their sentences in prisons designated for men and that police and inmates often abused them verbally and sexually.
In February, Mujahid Yusof Rawa, then the minister for Islamic affairs in the Pakatan Harapan government, said he would ask the communications commission to take action against Nur Sajat, a prominent transgender entrepreneur, after she posted pictures of herself on pilgrimage in Mecca. The minister called Nur Sajat’s actions an “offense” that could compromise bilateral relations with Saudi Arabia. Noting that photos and videos of Nur Sajat wearing women’s garments in Mecca had gone viral on social media, causing “discomfort among Muslims,” Mujahid told media he would take “firm steps.” The communications commission said it would study the matter but did not announce any action. Images of Nur Sajat’s passport and other documents, however, spread on social media, raising concerns among civil society groups about her privacy and safety.
A 2018 survey by a local transgender rights group reported more than two-thirds of transgender women experienced some form of physical or emotional abuse. The local rock band Bunkface released a song in February with the lyric “LGBT can go and die.” Facing public criticism, the band defended the line, stating it did not target specific individuals but was responding to the growing LGBTI movement in the country.
State religious authorities reportedly forced LGBTI persons to participate in “treatment” or “rehabilitation” programs to “cure” them of their sexuality. In July, Minister of Religious Affairs Zulkifli Mohamad announced he had given “full license” to Islamic authorities to arrest and “educate” transgender persons to ensure they came “back to the right path.”
LGBTI persons reported discrimination in employment, housing, and access to some government services because of their sexuality.
Maldives
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape against both men and women, as well as spousal rape and domestic violence including physical, sexual, verbal, psychological, and financial abuse. The law also extends protection to wives against being forcibly impregnated by their husbands and includes an extensive list of other abuses for which protection is provided. The law allows courts to issue restraining orders in domestic violence cases and criminalizes any actions against these orders. A man may be convicted of rape in the absence of a confession only if there are two male witnesses or four female witnesses willing to testify. In the case of a child, the burden of proof is lower. Penalties if convicted range from four months’ to 10 years’ imprisonment, depending on factors such as the age of the victim.
NGOs and other authorities reported MPS officers were reluctant to make arrests in cases of violence against women within the family. Reportedly, this made victims reluctant to file criminal cases against abusers. While the MPS received 842 reports of domestic violence as of September, the MPS conducted investigation into only 342 and recommended charges in only 33 cases. Of these 33 cases, charges were brought in just three cases as of September. While the MPS received 95 reports of rape and sexual assault as of September, the MPS conducted investigations into 74 complaints and recommended charges in only 10 cases. Of these 10 cases, charges were raised in just two as of September. Human rights activists staged a series of protests in Male throughout the year to express concern regarding inadequate investigations of rape and child sexual abuse cases and the impunity of offenders.
The Ministry of Gender, Family, and Social Services received reports of rape, sexual offenses, and domestic violence and conducted social inquiry assessments of cases it submitted to the MPS. It also provided psychological support to victims during MPS investigations.
To streamline the process of reporting abuses against women and children, the Ministry of Gender, Family, and Social Services operates family and children’s service centers on every atoll. Residential facilities were established in only four of the centers to provide emergency shelter assistance to domestic violence and other victims. Authorities and NGOs both reported the service centers remained understaffed and under resourced, especially lacking budgets to travel to attend cases in islands. Staff employed at the centers lacked technical capacity and were forced to divide their time between administrative duties and casework.
Female Genital Mutilation/Cutting (FGM/C): No cases of FGM/C were reported to government authorities during the year. Some religious leaders have intermittently called to revive the practice since 2014 and in November, a popular individual associated with a religious NGO reportedly called for a resumption of female circumcision. In January the Minister of Health ordered the Health Protection Agency to revoke a request submitted to the Fatwa Majlis, the statutory body mandated to resolve differences of opinion on religious matters, seeking its opinion on Islam’s stance on female circumcision. This followed criticism of the request by Maldivians on social media, who argued the request would set a dangerous precedent by allowing religious scholars to police women’s bodies. The minister noted, “female circumcision is not part of government policy and is not encouraged, so there is no need to seek any advice on the matter.” NGOs expressed concern the government failed to publicly denounce or counter calls for revival of female circumcision.
Other Harmful Traditional Practices: A 2015 amendment to the penal code states only Maldivian Islamic law penalties may be imposed for hadd (robbery, fornication, homosexual acts, alcohol consumption, apostasy) and qisas (retaliation in kind) offenses. Penalties could include hand amputation for theft and stoning to death for adultery, though this was not enforced.
Sexual Harassment: The law bans sexual harassment in the workplace, detention facilities, and any centers that provide public services. NGOs reported that while the law requires all government offices to set up sexual harassment review committees, a significant number of government offices had failed to establish these committees or in cases where the committees had been set up, employees were unaware of their existence.
The MPS reported forwarding two out of a total 63 received cases of sexual harassment for prosecution. President Solih dismissed Minister of Tourism Ali Waheed after multiple ministry employees accused him of sexual harassment. The MPS launched an investigation against Waheed on suspicion of sexual harassment and assault and in October asked the PGO to file charges against him in October. The PGO had yet to raise official charges as of November.
Reproductive Rights: Married couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and to have the information and means to do so, free from discrimination, coercion, and violence. Nevertheless, extramarital sex is criminalized and childbirth out of wedlock is stigmatized.
Limited public information on reproductive health services was available for unmarried individuals. Health-care facilities generally provided reproductive health services only to married couples. A centralized system of health-care provision is a significant barrier to access for health-care services on islands outside the capital region. Men tended to influence or control reproductive health decisions of women, often based on religious and cultural beliefs. Studies published by the United Nations Population Fund in 2018 and 2020 stated that youth access to reproductive health information and services was especially limited and that cultural attitudes prevented youth from accessing what limited services were available from health facilities.
NGOs reported that the government provided access to emergency contraceptives for sexual violence survivors.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law prohibits gender discrimination including in workplaces, educational institutions, and service providers, such as hospitals, but discrimination against women remained a problem. Women’s rights activists reported that women who initiated divorce proceedings faced undue delays in court as compared with men who initiated divorce proceedings. According to women’s rights activists, there were no policies in place to provide equal opportunities for women’s employment, despite provisions in the constitution and the law.
Birth Registration: Citizenship is derived through one’s parents. Under the law a child born of a citizen father or mother, regardless of the child’s place of birth, may derive citizenship. The Ministry of Gender, Family, and Social Services reported receiving cases a lower number of cases where parents had neglected to register their children than in previous years. Unlike in previous years, NGOs reported no known cases of the Family Court refusing to register children born to couples whose marriage ceremony was held outside of the country.
Education: Education is free, compulsory, and universal through secondary school. The Ministry of Gender, Family, and Social Services handled 18 cases of children being deprived of education as of September, a lower number than in previous years. NGOs stated this included parental refusal to send children to school, in some cases based on religious reasons. NGOs and activists noted the effect of religious extremism on child rights was an emerging issue but lacked a baseline study determining its prevalence. NGOs reported receiving reports that some families wanting to keep children out of the formal education system for religious reasons used COVID-19 related school closures to deprive children from school attendance for periods of time. NGOs reported a 2018 Ministry of Education report revealed that, while more girls were enrolled in primary schools than boys, there were more boys enrolled in secondary schools than girls. The report attributed this discrepancy to the possibility that some girls are home schooled from lower secondary school age on, but NGOs noted no formal studies have been made to identify the real cause.
Child Abuse: The law stipulates sentences of up to 25 years’ imprisonment for conviction of sexual offenses against children. The courts have the power to detain perpetrators, although most were released pending sentencing and allowed to return to the communities of their victims. The MPS investigates and the Ministry of Gender, Family, and Social Services is in charge of following up on reports of child abuse, including cases of sexual abuse. More than 70 percent of the total cases received by the Ministry of Gender, Family, and Social Services as of September were cases of child abuse, the majority involving sexual abuse. Of the child abuse cases received by the MPS, 43 percent were also sexual abuse cases, with the MPS forwarding only 18 percent of these cases for prosecution as of September. The PGO had only proceeded with charges in 14 percent of these cases. Human rights activists staged a series of protests in Male throughout the year expressing concern regarding inadequate investigation of rape and child sexual abuse cases and impunity of offenders. Human rights activists reported the lack of effective coordination of authorities handling child abuse cases, delays in attending to reports of abuse, and a lack of standard operating procedures to handle child abuse cases remained a problem.
NGOs reported authorities failed consistently to use the online child rights’ case management system through which various authorities can monitor progress and actions taken by other authorities on child abuse cases. NGOs noted widespread awareness of the existence of the Ministry of Gender’s Child Rights Helpline, but that victims faced challenges in reaching the helpline during a COVID-19 related lockdown of Male when many vulnerable families used the helpline to reach Ministry officials seeking assistance for matters unrelated to cases of child abuse.
Child, Early, and Forced Marriage: The Child Protection Act, which came into force in February, prohibits any marriage of a child under age 18. Previously, marriage of children age 16 was allowed with authorization from the Supreme Court and based on an assessment conducted by the Ministry of Gender. The Supreme Court had not authorized child marriages for years, however. While NGOs lauded the prohibition of all marriages of children, they also reported concerns that the prohibition would lead to an increase of child marriages outside the legal system and reported anecdotal evidence that some child marriages were still being conducted outside of the legal system. Girls reportedly often quit school following such marriages. In December 2019 the PGO raised charges of sexual abuse against a man who entered into marriage with a child outside of the legal system, but the criminal court had yet to conclude hearings in the case as of November. The case was related to late 2019 and early 2020 police raids on a group of religious fundamentalists active on Raa Maduvvari Island. The government reported some individuals in the group had entered into unregistered, unlawful marriages with girls.
Institutionalized Children: Local NGO Advocating the Rights of Children (ARC) released a report in 2016 detailing abuses in government-run “safe homes.” ARC reported children routinely spent many months at these homes, although they were intended to be temporary stopovers for children being taken into state care. According to ARC, the safe homes were inadequately furnished and equipped, lacked basic essentials, and were often understaffed, resulting in inadequate care, protection, and education for institutionalized children. NGOs reported these concerns remained the same during the year. The Ministry of Gender, Family, and Social Services reported one of the two government-run children’s homes housed more children than its capacity allowed. NGOs reported staff were untrained to care for several children with autism housed in these facilities. The country lacked a juvenile detention center, so youth offenders were held with juvenile victims of abuse. NGOs reported continuing inadequate supervision of the children by overstretched workers. NGOs also reported that some children taken into state custody were held in social housing units that had not been officially designated as facilities for such children and did not meet established standards. The HRCM reported it received a report in 2019 alleging 10 employees of Kudakudhinge Hiya children’s home mistreated 22 children living in the home. It chose not to investigate, however, because the alleged offense took place more than a year prior to reporting, and it proved challenging to gather evidence and information.
NGOs reported the multiagency panel that reviewed and made decisions on taking children into state custody and moving them among facilities was dissolved between March and September. During this period the Ministry of Gender acted unilaterally to transfer children with behavioral issues out of the children’s homes, some either returned to families without the ability to care for their specific needs or moved to in outer atolls with little supervision.
The public practice of religion other than Islam is prohibited by law, and the government did not provide estimates on the number of Jewish residents in the country. There were no reports of anti-Semitic acts.
The constitution and law provide for the rights and freedom from most types of discrimination for persons with disabilities. Although the constitution provides for freedom from discrimination in access to employment for persons with disabilities, the Disabilities Act does not do so. The Disabilities Act provides for the protection of the rights of persons with disabilities as well as financial assistance. The act mandates the state to provide a monthly financial benefit of not less than 2,000 rufiyaa ($130) to each registered individual. NGOs reported the National Social Protection Agency (NSPA), which handles the National Registry, has strict conditions and a cumbersome screening process that prevent the majority of persons with disabilities from being registered. The NSPA requires an assessment from a medical center in Male City, which may cost up to 40,000 rufiyaa ($2,600) for some families living in the islands who have to travel and stay in Male City for lengthy periods while the assessment is completed. During the year the government authorized a limited number of medical centers outside Male City to conduct the assessments, which reduced the cost in some limited cases. In January, the NSPA began covering 5,000 rufiyaa ($324) of assessment-related costs. The NSPA published the requirements for inclusion in the National Registry and rejected several applications. NGOs noted inclusion on the registry is a precondition to access several other benefits provided for persons with disabilities, including priority in accessing social housing schemes and special accommodations during voting.
Although no official studies have been concluded, NGOs which operate throughout the country estimated as much as 10 percent of the total population of persons with disabilities had been subjected to various forms of abuse and 40 to 60 percent of girls or women with disabilities, especially those who are visually impaired, were subject to sexual abuse. The families of these victims often do not report these cases to authorities, because the police investigation and judicial process is inaccessible to persons with disabilities.
Government services for persons with disabilities included special educational programs for those with sensory disabilities. Inadequate facilities and logistical challenges related to transporting persons with disabilities among islands and atolls made it difficult for persons with disabilities to participate in the workforce or consistently attend school. The vast majority of public streets and buildings were not accessible for wheelchair users.
The government integrated students with disabilities into mainstream educational programs at primary and secondary level. Most large government schools also held special units catering to persons with disabilities who were not be accommodated in the mainstream classes. Nonetheless, children with disabilities had virtually no access to transition support to higher secondary education.
Maldives Immigration reported approximately 117,000 legal foreign workers as of September, with an additional estimated 63,000 undocumented foreign workers, mostly from Bangladesh and other South Asian countries. NGOs reported government agencies implemented discriminatory policies towards foreign laborers while Bangladeshi workers faced harassment and violence by local citizens.
The law prohibits same-sex sexual conduct. Under the penal code, the punishment for conviction includes up to eight years’ imprisonment and 100 lashes under Maldives Islamic law. None of the legal provisions prohibiting discrimination covers discrimination based on sexual orientation or gender identity. No organizations focused on lesbian, gay, bisexual, transgender, and intersex (LGBTI) problems in the country. There were no reports of officials complicit in abuses against LGBTI persons, although societal stigma likely discouraged individuals from reporting such problems. Local citizens who expressed support for LGBTI rights on social media reportedly were targeted for online harassment as “apostates” or irreligious. In June groups of protesters gathered outside the residences of two men on two separate islands, accusing the men of engaging in same-sex relations. Media reported the men were taken into police custody on both occasions.
The trial of six men arrested in 2017 and charged in connection with the murder of Yameen Rasheed, a prominent blogger and social media activist, continued during the year. NGOs reported online death threats and attacks against citizens perceived to be critical of Islam continued and NGOs reported the government failed to take action in these cases.
Mali
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: The law criminalizes rape of women and men and provides a penalty for conviction of five to 20 years’ imprisonment for offenders, but the government did not enforce the law effectively. Rape was a widespread problem. Authorities prosecuted only a small percentage of rape cases since victims seldom reported rapes due to societal pressure, particularly because attackers were frequently close relatives, and due to fear of retaliation. No law explicitly prohibits spousal rape, but law enforcement officials stated that criminal laws against rape could apply to spousal rape. Police and judicial authorities were willing to pursue rape cases but were also willing to stop pursuing their cases if parties privately reached an agreement prior to trial. This promoted an environment where victims might be pressured by family to accept monetary “compensation” for the crime committed against them instead of seeking justice through the legal system. There were several convictions related to rape and domestic violence during an extended Court of Assizes session that began in August. The court convicted one suspect of pedophilia; he received a sentence of three years’ imprisonment. Two suspects convicted of rape and pedophilia each received five-year prison sentences; including a Guinean national convicted of raping a minor. On September 30, an individual convicted of murder and attempted rape was sentenced to death.
Domestic violence against women, including spousal abuse, was prevalent. A 2012/2013 gender assessment found a vast majority of women in the country suffered from domestic violence and concluded that 76 percent of women believed it was acceptable for a man to beat a woman for burning food, arguing, going out without telling the man, being negligent with children, or refusing to have sexual intercourse; the 2018 Mali Demographic and Health Survey concluded that 79 percent of women and 47 percent of men still believed this behavior was justified. The same survey found 49 percent of women experienced spousal violence (emotional, physical, or sexual); 43 percent of women ages 15 to 49 experienced physical violence; and one in every eight women (13 percent) experienced sexual violence. Of women who experienced domestic violence, 68 percent never sought help or told anyone.
Spousal abuse is a crime, but the law does not specifically prohibit domestic violence. According to human rights organizations, most cases went unreported as a result of both cultural taboos and a lack of understanding regarding legal recourse. Conviction of assault is punishable by prison terms of one to five years and substantial fines. The sentence may be increased up to 10 years’ imprisonment if the assault is found to be premeditated. Nonetheless, police were often reluctant to intervene in cases of domestic violence. Additionally, many women were reluctant to file complaints against their husbands due to financial dependence concerns, or to avoid social stigma, retaliation, or ostracism. The Ministry of Justice Planning and Statistics Unit, established to track prosecutions, did not produce reliable statistics.
On September 21, following a complaint from his girlfriend, prominent singer Sidiki Diabate was arrested by the Bamako police judicial investigations unit for allegations of domestic violence and sequestration. A robust social media campaign denouncing the artist also resulted in him being dropped from concert appearances. On September 24, he was formally charged and imprisoned. On September 26, the Platform Against Gender-Based Violence held a march in support of victims of gender-based violence. On October 2, supporters of the artist announced a demonstration in his honor, but it was cancelled. Local media reported Diabate was provisionally released on bail on December 29; his trial was pending at year’s end.
According to MINUSMA, extremist groups were also responsible for intimidating and threatening women into “modesty” by imposing the veil on women in the regions of Timbuktu and Mopti. Reportedly, in the Dianke area of Timbuktu, several unveiled women were threatened, while in Binedama in the Mopti Region, all women were forced to wear a veil. The United Nations also reported an increase in conflict-related sexual violence attributable to extremist armed elements and signatory armed groups in the northern and central parts of the country.
In the March 20 report of the UN secretary-general to the Security Council on the situation in the country, MINUSMA documented at least eight cases of conflict-related sexual violence. According to the report, “The cases included the forced marriage of four girls by alleged extremist elements in Timbuktu Region; the rape of two women, reportedly by Mouvement pour le salut de l’Azawad members in Menaka; the gang rape of a girl, imputed to elements of the Coordination des mouvements de l’Azawad et Front patriotique de reisistance in Gao; and the sexual assault of a five-year-old girl, perpetrated by a member of the MDSF in Gao.”
According to MINUSMA, following a January 21 workshop discussing the role of the High Islamic Council in countering conflict-related sexual violence, the president of the High Islamic Council signed a declaration, making commitments to prevent gender-based violence, including the issuance of a fatwa to denounce conflict-related sexual violence.
Female GenitalMutilation/Cutting (FGM/C): FGM/C is legal in the country and, except in certain northern areas, all religious and ethnic groups practiced it widely, particularly in rural areas. Although FGM/C is legal, authorities prohibited the practice in government-funded health centers.
Parents generally had FGM/C performed on girls between ages six months and nine years. According to the 2018 Mali Demographic and Health Survey, 89 percent of women ages 15-49 were circumcised, but this varied widely by geographic location with rates as low as less than 2 percent in Gao to more than 95 percent in Koulikoro and Sikasso. Approximately 76 percent of circumcisions occurred prior to age five, and circumcision was almost always performed by a traditional practitioner (99 percent). According to the survey, approximately 70 percent of men and 69 percent of women believed excision was required by religion and three-quarters of the population, regardless of gender, believed the practice should continue. Government information campaigns regarding the dangers of FGM/C reached citizens throughout the country where security allowed, and human rights organizations reported decreased incidence of FGM/C among children of educated parents.
Sexual Harassment: The law does not prohibit sexual harassment, which routinely occurred, including in schools, without any government efforts to prevent it.
Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children, and to manage their reproductive health free from discrimination, coercion, or violence. Many couples and individuals, however, lacked the information and means to enjoy these rights.
While no government policy adversely affected access to contraception, women and girls faced cultural and social barriers such as the consent of their husbands and influential members of the household to manage their reproductive health.
Distance to health-care facilities and flooded roadways during rainy season negatively affected the ability of those living in rural areas to access adequate healthcare easily.
In accessing information about their reproductive health, women with disabilities faced distinct barriers, such as physical barriers to entry into health-care facilities, communication barriers, discriminatory and disrespectful treatment from health-care providers, and the lack of reproductive health information in accessible formats.
While government sexual and reproductive health services were available to survivors of sexual violence, including survivors of conflict related sexual violence, the services were rarely specialized. In instances of gender-based violence such as sexual violence, survivors often sought care from general health facilities. Through Spotlight, an initiative supported by the European Union and the UNFPA and UN Women, the country provided specialized assistance to survivors of gender-based violence, including family planning counseling, at the referral health center level via 10 “one-stop centers” in Bamako, Gao, Mopti, Kayes, and Koulikoro.
The maternal mortality rate was estimated at 325 per 100,000 live births, and 67 percent of women delivered in a health center assisted by skilled health workers. The key drivers of maternal mortality included poor access to and use of quality antenatal, delivery, and postnatal care services. The primary direct obstetric causes of maternal mortality were hemorrhage (37 percent), eclampsia (11 percent), and sepsis (11 percent). FGM/C was a significant public health problem that contributed to maternal morbidity. According to the UNFPA, the adolescent birth rate was 164 per 1,000.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law does not provide the same legal status and rights for women as for men, particularly concerning divorce and inheritance. Women are legally obligated to obey their husbands and are particularly vulnerable in cases of divorce, child custody, and inheritance. There were legal restrictions on women holding employment in the same occupations, tasks, and industries held by men. Women had very limited access to legal services due to their lack of education and information as well as the prohibitive cost. Despite the discriminatory nature of the law, the government effectively enforced it.
While the law provides for equal property rights, traditional practices and ignorance of the law prevented women from taking full advantage of their rights. The marriage contract must specify if the couple wishes to share estate rights. If marriage certificates of Muslim couples do not specify the type of marriage, judges presume the marriage to be polygynous.
The Ministry for the Promotion of Women, Children, and the Family is responsible for ensuring the legal rights of women.
According to 2019 estimates, more than one-half of the population is younger than age 18. As of June the United Nations estimated 2.42 million children were in need of humanitarian assistance. According to UNICEF’s data regarding children, repeated attacks led to death; gunshot or burn injuries; displacement and separation from families; and exposure to violence, including rape and other forms of sexual violence; arrests and detention; and psychological trauma. Hundreds of children were estimated to be recruited by armed groups annually.
Birth Registration: Citizenship is derived from either parent or by birth within the country, and the law requires registration within 30 days of birth. A fine may be levied for registration occurring after the 30-day period. Girls were less likely to be registered.
The government did not register all births immediately, particularly in rural areas. Some organizations indicated there were insufficient registration sites to accommodate all villages, further exacerbating the low registration rates in certain areas. According to a December 2019 UNICEF report, 13 percent of children younger than five were not registered, while 22 percent of registered children did not receive birth certificates. Lack or inaccessibility of services, lack of birth registration books, and ignorance of the importance of birth certificates by parents were among challenges for birth registration. According to UNICEF, the government registered nearly 90 percent of births in 2019. The government conducted an administrative census in 2014 to collect biometric data and assign a unique identifying number to every citizen. The process allowed the registration of children not registered at birth, although the number of birth certificates assigned was unknown. Several local NGOs worked with foreign partners to register children at birth and to educate parents regarding the benefits of registration, which is critical for access to education and government services. Birth registration also plays an essential role in protecting children, as well as facilitating their release and reintegration if recruited by armed groups or detained.
Education: The constitution provides for tuition-free universal education, and the law provides for compulsory schooling of children ages six through 15. Nevertheless, many children did not attend school. Parents often had to pay their children’s school fees as well as provide their uniforms and supplies. Other factors affecting school enrollment included distance to the nearest school, lack of transportation, shortages of teachers, a protracted teachers’ strike from December 2019 to September 13, shortages of instructional materials, and lack of school feeding programs. Girls’ enrollment was lower than that of boys at all levels due to poverty, a cultural preference to educate boys, the early marriage of girls, and sexual harassment of girls. According to the 2018 Mali Demographic and Health Survey, two-thirds of women ages 15-49 had no education, compared with 53 percent of men in the same age range, and only 28 percent of women were literate, compared with 47 percent of men.
On March 19, in response to the COVID-19 pandemic, the government announced the closure of schools. Compounded with a simultaneous teachers’ strike, schools effectively remained closed until September 13, when a salary increase agreement was reached between the teachers’ union and the CNSP (the de facto authority following the overthrow of the government). In December schools were again closed in an effort to stymie a second wave of COVID-19 cases. It was estimated that nearly 3.8 million children in the country were affected by school closures during the year.
In June the United Nations reported that conflict had caused the closure of at least 1,261 schools in the regions of Gao, Kidal, Timbuktu, Mopti, and Segou since the beginning of the year. Many schools were damaged or destroyed because rebels sometimes used them as bases of operations. The United Nations also reported the government security forces also sometimes used school compounds as bases. MINUSMA reported that during the first half of the year, at least seven schools were attacked or targeted. Jihadist groups often threatened teachers and communities to close schools that did not offer solely religious instruction. The conflict-related closure of more than 1,261 schools during the year was an increase from approximately 900 closures during the 2018-19 school year, and nearly doubled the number of school closures in the same period in 2017-18. The majority of closed schools were located in the Mopti Region.
Child Abuse: Comprehensive government statistics on child abuse did not exist, but the problem was widespread. Most child abuse cases went unreported. According to MINUSMA’s HRPD reports detailing the first six months of the year, 39 children were killed, less than a one-quarter the number reported during the same period of 2019. The United Nations documented 402 cases of grave abuses (defined as recruitment or use of children as soldiers, killing and maiming of children, rape and other grave sexual violence, abductions, attacks on schools and hospitals, or denial of humanitarian access to children) against 254 children between January and June. Police and the social services department in the Ministry of Solidarity and Humanitarian Action investigated and intervened in some reported cases of child abuse or neglect, but the government provided few services for such children (see also section 1.g, Child Soldiers).
Child, Early, and Forced Marriage: The minimum age to marry without parental consent is 16 for girls and 18 for boys. A girl age 15 may marry with parental consent with approval of a civil judge. Authorities did not effectively enforce the law, particularly in rural areas, and child, early, and forced marriage was a problem throughout the country. Girls were also taken as ‘wives’ for combatants and leaders of armed groups. According to 2017 data from UNICEF, 54 percent of women were married by age 18 and 16 percent before age 15.
In some regions of the country, especially Kayes and Koulikoro, girls married as young as age 10. It was common practice for a girl age 14 to marry a man twice her age. According to local human rights organizations, officials frequently accepted false birth certificates or other documents claiming girls younger than age 15 were old enough to marry. NGOs implemented awareness campaigns aimed at abating child, early, and forced marriage.
Sexual Exploitation of Children: The law prohibits the sexual exploitation of children, including commercial sexual exploitation. Penalties for conviction of sexual exploitation of both adults and children are six months’ to three years’ imprisonment and a substantial monetary fine. Penalties for convicted child traffickers are five to 20 years in prison. Penalties for conviction of indecent assault, including child pornography, range from five to 20 years in prison. The country has a statutory rape law that defines 18 as the minimum age for consensual sex. The law, which was inconsistent with the legal minimum marriage age of 15 for girls, was not enforced. Sexual exploitation of children occurred.
Infanticide or Infanticide of Children with Disabilities: Some prostitutes and domestic workers practiced infanticide, mainly due to lack of access to and knowledge of contraception.
Displaced Children: UNICEF reported that, as of March, 79 unaccompanied and separated children had received interim care and protection services since the beginning of the year. According to the OCHA, children made up 58 percent of IDPs in the country.
The constitution and law do not specifically protect the rights of persons with physical, sensory, intellectual, or mental disabilities in access to employment, education, air travel and other transportation, health care, the judicial system, and state services. There is no law mandating accessibility to public buildings. While persons with disabilities have access to basic health care, the government did not place a priority on protecting the rights of persons with disabilities. Many such individuals relied on begging.
Persons with mental disabilities faced social stigmatization and confinement in public institutions. For cases in which an investigative judge believed a criminal suspect had mental disabilities, the judge referred the individual to a doctor for mental evaluation. Based on a doctor’s recommendation–medical doctors sometimes lacked training in psychology–the court would either send the individual to a mental institution in Bamako or proceed with a trial.
The Ministry of Solidarity and Humanitarian Action is responsible for protecting the rights of persons with disabilities. The ministry sponsored activities to promote income-earning opportunities for persons with disabilities and worked with NGOs, such as the Malian Federation of Associations for Handicapped Persons, which provided basic services. Although the government was responsible for eight schools countrywide for deaf persons, it provided almost no resources or other support.
Societal discrimination continued against black Tuaregs, often referred to as Bellah. Some Tuareg groups deprived black Tuaregs of basic civil liberties due to hereditary slavery-like practices and hereditary servitude relationships.
There were continued reports of slave masters kidnapping the children of their Bellah slaves. Slaveholders considered slaves and their children as property and reportedly took slave children to raise them elsewhere without permission from their parents. The antislavery organization Temedt organized workshops in the Kayes Region to convince communities to abandon the practice of keeping slaves. More than 2,000 families who were displaced in 2019 due to their refusal to be subjected to slavery practices remained displaced and continued to be prevented from farming and accessing social services in the areas of Diema, Nioro du Sahel, and Yelimane in the Kayes Region. In addition despite government negotiations that allowed for the return of 213 families to Kerouane in Kayes Region, villagers prevented the families from accessing basic needs.
In September human rights organizations reported that four persons in Diandioume, circle of Nioro du Sahel, were bound, beaten, and drowned for refusing the practice of hereditary slavery. At least 95 of their family members fled or were displaced. The CNDH and other human rights organizations condemned the situation and called on the government to take action. At least 30 persons were reportedly arrested as a result.
Intercommunal violence led to frequent clashes between members of the Fulani or Peuhl ethnic groups and, separately, members of the Bambara and Dogon communities for their alleged support of armed Islamists linked to al-Qa’ida. According to Human Rights Watch, this tension has given rise to ethnic “self-defense groups” and driven thousands from their homes, diminished livelihoods, and induced widespread hunger. Such groups representing these communities were reportedly involved in several communal attacks, and retaliatory attacks were common.
In the center, violence across community lines escalated. Clashes between the Dogon and Fulani communities were exacerbated by the presence of extremist groups and resulted in large numbers of civilian deaths (see section 1.g, Killings).
In another example, over the course of several hours on July 1, unidentified gunmen attacked the Dogon villages of Panga Dougou, Djimdo, Gouari, and Dialakanda, in the circle of Bankass, Mopti region, killing at least 32 civilians and wounding several others, and burning and looting several houses.
The law prohibits association “for an immoral purpose.” Nonetheless, anecdotal evidence suggested there was an upsurge in targeting of LGBTI individuals and their full protection remained in question. In January, reportedly in response to allegations of inappropriate sexual conduct, 15 young men were arrested at a social event. The defendants were apparently targeted for their perceived sexual orientation and were accused of indecency, trafficking in persons, corruption of minors, and rape. Following their arrest, clinics where some of them were receiving HIV care were ransacked and temporarily closed. Observers believed the clinics were targeted for their work serving key populations at risk of HIV. It was difficult to obtain information regarding the specific sequence of events and the young men’s treatment while in police custody. According to the government, their detention was intended to protect this vulnerable group. As of December three of the 15 remained in pretrial detention pending a continuing investigation.
No laws specifically prohibit discrimination based on sexual orientation or gender identity.
NGOs reported LGBTI individuals experienced physical, psychological, and sexual violence, which society viewed as “corrective” punishment. Family members, neighbors, and groups of strangers in public places committed the majority of violent acts, and police frequently refused to intervene. Most LGBTI individuals isolated themselves and kept their sexual orientation or gender identity hidden. An NGO reported that LGBTI individuals frequently dropped out of school, left their places of employment, and did not seek medical treatment to hide their sexual identity and avoid social stigmatization.
Societal discrimination against persons with HIV and AIDS occurred. HIV positivity was often locally perceived to be synonymous with LGBTI. The government implemented campaigns to increase awareness of the condition and reduce discrimination against persons with HIV and AIDS.
Discrimination continued against persons with albinism. Some traditional religious leaders perpetuated the widespread belief that such persons possessed special powers that others could extract by bringing a traditional spiritual leader the blood or head of one. For example, in October 2019 a group of persons, including the victim’s husband, killed an albino pregnant woman in Kita on the orders of a traditional spiritual leader. Two of the perpetrators were arrested. As of December, the victim’s husband remained under arrest and the case remained pending. Singer-songwriter and albino activist Salif Keita noted that men often divorced their wives for giving birth to a child with albinism. Lack of understanding of the condition continued and impeded such persons’ lack of access to sunblock, without which they were highly susceptible to skin cancer. Keita founded the Salif Keita Global Foundation in 2006, which continued to provide free health care to persons with albinism, advocated for their protection, and provided education to help end their abuse.
On October 3, the Malian Association for the Protection of People with Albinism hosted a press conference in Bamako to demand authorities apply the 2017-21 regional action plan on albinism in Africa. While the plan aims to promote the rights of albinos in the country and across Africa, the association contended that since its adoption, authorities have struggled to apply it.
Mauritania
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Rape of women is illegal. The law does not address rape of men. Rapists who are single men face penalties of imprisonment, forced labor, and whipping; married rapists are subject to the death penalty, although this penalty has not been enforced since 1987. The government increasingly enforced prison sentences for convicted rapists, but prosecution remained provisional. Nevertheless, as in years past, wealthy rape suspects reportedly avoided prosecution or, if prosecuted, avoided prison. It was common for the families of the rape survivor to reach an agreement with the perpetrator in the form of monetary compensation.
Rape survivors were discouraged from reporting the crime because they themselves could be jailed for having intercourse outside of marriage. Reliable data on gender-based violence remained sparse, and the situation of children and women who were victims of abuse was poorly documented. The subject continued to remain taboo due to social mores and traditional norms, which often call for survivors to be rejected by their family and society. On March 25, Khadijetou Oumar Sow, a 26-year-old woman, went missing. On April 12, her body was found, and an investigation concluded that she was raped twice before being strangled with a turban. Her killer is serving a life sentence in prison. On November 19, the Nouakchott North Criminal Court sentenced five men to death after they were convicted of the rape and murder of 27-year-old Oumeima Mohaamed Ahmed on September 3.
Spousal abuse and domestic violence are illegal, but there are no specific penalties for domestic violence. The government did not enforce the law effectively, and convictions were rare.
Police and the judiciary occasionally intervened in domestic abuse cases, but women rarely sought legal redress, relying instead on family, NGOs, and community leaders to resolve their domestic disputes. NGOs reported that, in certain cases, they sought police assistance to protect victims of domestic violence, but police declined to investigate.
Female Genital Mutilation/Cutting(FGM/C): The law states that any act or attempt to damage a girl’s sexual organs is punishable by imprisonment and a monetary fine. Authorities seldom applied the law, largely due to the lack of awareness by local authorities about the ordinance in the law that bans the practice. According to a 2015 UNICEF study, 67 percent of women aged 15 to 49 have undergone FGM/C. In certain regions in the southeastern part of the country, the prevalence is higher than 90 percent.
The Ministry of Social Affairs, Childhood, and Family continued to track the more than 2,000 traditional health providers who publicly abandoned the practice of FGM/C in an effort to ensure that the providers do not start the practice again.
OtherHarmful Traditional Practices: Traditional forms of mistreatment of women continued to decline. One of these was the forced feeding of adolescent girls prior to marriage, practiced by some Beydane families and known as “gavage.”
Sexual Harassment: There are no laws against sexual harassment. Women’s NGOs reported that sexual harassment was a common problem in the workplace.
Reproductive Rights: According to the law, every couple has the right to decide the number, spacing, and timing of their children, and to manage their reproductive health, free from discrimination, coercion, or violence. Nevertheless, many couples did not have access to the information or the means to enjoy these rights. The law does not extend the same rights to unmarried individuals since the law criminalizes sexual relations outside of marriage.
Although no legal or governmental policies adversely affected access to contraception, social, and cultural barriers significantly limited access to contraception. Barriers included rumors that contraception causes cancerous diseases, death, or infertility. Contraceptives were not widely available in health centers, and some religious fatwas forbid the use of contraception without the husband’s permission. For unmarried women, a large stigma was associated with seeking contraception.
According to the law, every woman has the right to a childbirth assisted by qualified health personnel, but many women lacked access to those services. Social stigmas and conservative sociocultural factors limited access to information and health services, particularly by adolescents. There were no legal barriers to accessing skilled health attendance during pregnancy and childbirth, but social and cultural factors, such as the prevalent use of traditional midwives, limited the use of these services.
The government provided limited access to sexual and reproductive health services for survivors of sexual violence. A unit in the Maternity and Child Center in Nouakchott treated female victims of sexual violence. This unit also gave women pills to prevent pregnancy after cases of rape. Access to these services was uncommon outside of Nouakchott, and, even when services were available, women were often discouraged from seeking assistance after incidents of sexual violence.
The World Health Organization (WHO) estimated the maternal mortality rate to be 766 per 100,000 live births. The high maternal mortality rate was due to lack of medical equipment, low participation by mothers in programs promoting prenatal care, births without the assistance of health professionals, poor sanitation, malnutrition, and high rates of adolescent pregnancy. FGM/C was a significant problem and contributed to maternal morbidity. The WHO estimated the adolescent (females aged 15-19) birth rate to be 84 per 1,000.
The proportion of women of reproductive age whose need for family planning was satisfied with modern methods was 35 percent, and the contraceptive prevalence rate for women aged 15-49, with any method, was 12 percent.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Women have legal rights to property and child custody, and the more educated and urbanized members of the female population were more likely to enjoy these rights. Nevertheless, women in general had fewer legal rights than men.
Additionally, women faced other forms of legal discrimination. According to sharia as applied in the country, the testimony of two women was required to equal that of one man. The courts granted only one-half as large an indemnity to the family of a female victim as that accorded to the family of a male victim. The personal status code provides a framework for the consistent application of secular law and sharia-based family law, but judicial officials did not always respect it. There were legal restrictions on women’s employment, including limitations on working in occupations deemed dangerous and certain industries including mining and construction (see section 7.d.).
Birth Registration: By law a person derives citizenship from one’s father. One can derive citizenship from one’s mother under either of the following conditions: if the mother is a citizen and the father’s nationality is unknown or he is stateless, or if the child was born in the country to a citizen mother and the child repudiates the father’s nationality a year before reaching majority. Children born abroad to citizen mothers and foreign men can acquire citizenship one year before reaching the majority age of 18. Minor children of parents who are naturalized citizens are also eligible for citizenship.
The process of registering a child and subsequently receiving a birth certificate was reportedly difficult. Failure to register could result in denial of some public services, such as education.
Education: The law mandates six years of school attendance for all children, but the law was not effectively enforced. Many children, particularly girls, did not attend school for the mandatory six years. Children of lower castes from both Haratine and sub-Saharan families often did not receive any formal education.
Child, Early, and ForcedMarriage: The legal marriage age is 18, but authorities rarely enforced the law, and child marriage was widespread. Since consensual sex outside of marriage is illegal, a legal guardian can ask local authorities to permit a girl younger than 18 to marry. Local authorities frequently granted permission. The government continued to work with UNICEF to implement a program to combat child marriage through a series of judicial and political reforms.
In 2017 according to UNICEF, 37 percent of girls were married before the age of 18, and 18 percent were married before the age of 15.
Sexual Exploitation of Children: The law prohibits sexual relations with a child younger than 18, with penalties of six months to two years in prison and a fine. Possession of child pornography is illegal, with penalties of two months to one year in prison and a fine. Commercial sexual exploitation of children is illegal, and conviction carries penalties of five to 10 years in prison and a substantial fine. NGOs asserted the laws were not properly enforced.
Displaced Children: According to the minister of social affairs, childhood, and family, there were more than 16,000 children who need protection, including children without civil documentation, uneducated children, and victims of child labor.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law provides for access to information and communication, and to existing public buildings through retrofitting and future buildings through amendments to the building code. Authorities did not enforce the law, and persons with disabilities generally did not have access to buildings, information, and communications. Children with disabilities attended school through secondary education at a significantly lower rate than other children.
Haratine and sub-Saharan ethnic groups faced governmental discrimination while the Beydane ethnic group received governmental preference. For example individuals living in Western Sahara (who are of Beydane ethnicity) easily obtained national identity cards required to vote, although they were not legally qualified to do so because they were not citizens. Meanwhile, Haratine (Arab slave descendants) and sub-Saharan (non-Arab) citizens often had great difficulty obtaining national identity documents.
Racial and cultural tension and discrimination also arose from the geographic, linguistic, and cultural divides between Moors (Beydane and Haratine) who–while historically representing a mix of Berber, Arab, and sub-Saharan Africans–today largely identify culturally and linguistically as Arab, and the sub-Saharan non-Arab minorities. Historically, the Beydane (“White Moors”) enslaved the Haratine p