a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports the government or its agents committed arbitrary or unlawful killings.

Members of the Central Office for the Repression of Banditry (OCRB), a police anticrime unit, conducted extrajudicial killings near Bangui. International nongovernmental organization (NGO) Human Rights Watch (HRW) reported 18 extrajudicial killings allegedly committed by the OCRB between April 2015 and March. For example, on January 27, witnesses told HRW that OCRB members apprehended and unlawfully killed a market vendor. Led by Colonel Robert Yekoua-Kette, the OCRB was largely composed of soldiers of the Central African Armed Forces (FACA) who operated as police officers. In June the government removed Colonel Yekoua-Kette as commander of the OCRB but failed to investigate or punish suspected OCRB perpetrators.

Armed rebel groups, particularly members of the various factions of ex-Seleka and anti-Balaka, killed civilians, especially persons suspected of being members or sympathizers of opposing parties in the conflict (see section 1.g.). The killings, often reprisals in nature, included summary executions and deliberate and indiscriminate attacks on civilians.

The Lord’s Resistance Army (LRA), a Ugandan rebel group that operated in eastern regions of the country, and other armed groups, including Reclamation, Return, and Rehabilitation (3R), Revolution and Justice (RJ), and the Democratic Front of the Central African People, were responsible for civilian killings (see section 1.g.).

Ethnic killings related to cattle theft occurred (see section 6).

b. Disappearance

There were reports forces from the ex-Seleka, anti-Balaka, and other armed groups were responsible for politically motivated disappearances. Those abducted included police and civilians (see section 1.g.).

There were many reports of disappearances committed by the LRA for the purpose of recruitment and extortion (see section 1.g.).

In June 2015 the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) issued a statement regretting the lack of progress by the Republic of the Congo government in the investigation of the disappearances following the arrest of persons from a private home in Boali in 2014. In June, HRW reported the discovery of a mass grave near a peacekeeping base in Boali, exhumed on February 16. The grave contained the remains of 12 persons identified as those detained by the Republic of the Congo peacekeepers. The Congolese government conducted no known investigations.

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

Although the law prohibits torture and specifies punishment for those found guilty of physical abuse, there were several reports government officials employed them.

The UN independent expert on the situation of human rights in the Central African Republic and HRW reported allegations that security forces, particularly members of the OCRB, mistreated individuals in pretrial detention and during the arrest of suspected criminals. For example, on April 28, the OCRB arrested a former anti-Balaka fighter accused of armed robbery. Former OCRB commander Yekoua-Kette ordered his men to beat the arrestee in public.

In February the government arrested a member of the FACA guarding Bimbo Women’s Prison, near Bangui, for the alleged rape of a 16-year-old girl in the prison. On March 3, the suspect was remanded into custody and placed in Ngaragba Prison; he had not been brought before a judicial authority by year’s end. In March the UN independent expert expressed concern over allegations of rape of detainees at Bimbo Women’s Prison and raised the issue with the public prosecutor. MINUSCA subsequently took charge of national prison staffing in Bangui and Bouar and trained female prison officers to manage Bimbo Women’s Prison.

Forces from the ex-Seleka, anti-Balaka, LRA, and other armed groups abused, raped, and tortured civilians with impunity. Deaths due to torture occurred (see section 1.g.).

The United Nations reported it had received 50 allegations during the year (as of December 20) of sexual exploitation and abuse (SEA) by UN peacekeepers deployed to MINUSCA, with 16 alleged incidents occurring in 2016, 31 in 2015, one in 2014, and two for which the dates of the alleged incidents were unknown. These allegations involved peacekeepers from Burundi, Cameroon, the Democratic Republic of the Congo, Gabon, Mauritania, Morocco, Pakistan, the Republic of the Congo, and Zambia. Of the 50 allegations, 34 involved minors, 43 remained pending investigation by the United Nations or the troop or police contributing country at year’s end, and four allegations were found to be unsubstantiated. Three investigations substantiated the allegations and resulted in a one-year sentence for a peacekeeper from Bangladesh for sexually abusing a minor, a court-martial and five-year sentence for an Egyptian peacekeeper for sexually assaulting an adult, and 45 days’ imprisonment for a Gabonese peacekeeper for sexual activity with a minor.

UN Secretary-General Ban Ki-moon called on all countries that contribute peacekeepers to increase predeployment education and human rights training, enhance vetting procedures, conduct rapid and effective investigations, ensure consistent penalties for offenders, increase assistance to victims, and strengthen reporting of cases of sexual exploitation and abuse.

On December 5, the United Nations announced that its Office of Internal Oversight Services (OIOS) had completed an internal investigation into more than 100 allegations of sexual abuse by UN peacekeepers deployed in Dekoa, Kemo Prefecture, in 2014-15. During the investigation, which began in April, OIOS interviewed 139 persons and found that 45 were able to identify, via photographs and other corroborating evidence, 41 alleged perpetrators–16 of whom were from Gabon and 25 from Burundi. Of the 45 alleged victims, 25 were minors. Eight alleged victims, including six minors, made paternity claims. The United Nations announced it had shared the OIOS report with Gabon and Burundi, including the names of the identified alleged perpetrators, and requested appropriate judicial actions to ensure criminal accountability. The United Nations reported the alleged perpetrators had all been rotated out of the Central African Republic before the allegations surfaced. The United Nations requested a copy of the final national investigation reports to be transmitted urgently.

During the year MINUSCA continued to strengthen its prevention measures and reinforce its outreach among communities and peacekeepers across the country, especially in high-risk areas, to improve awareness and reporting on sexual exploitation and abuse and other forms of misconduct. MINUSCA also regularly monitored conditions and behavior of peacekeeping personnel and partnered with UN agencies and implementing partners in the country that provide psychosocial, medical, and legal assistance to victims of sexual exploitation and abuse.

There were credible allegations of human rights violations and abuses by members of the Uganda People’s Defense Forces (UPDF) deployed to the country since 2009 as part of the African Union Regional Task Force to counter the LRA. Preliminary investigations found at least 18 women and girls were subjected to sexual violence and harassment by UPDF members. There were an additional 14 reported cases of rape, including of victims who were minors. Several women and girls reported they had been taken from their villages by UPDF members and forced to become prostitutes or sex slaves or to marry Ugandan soldiers.

Prison and Detention Center Conditions

According to the UN independent expert, detention conditions in the country’s prisons did not generally meet international norms and were often inhuman. The government operated two prisons in or near Bangui: Ngaragba Central Prison for men (with an estimated 500 inmates) and Bimbo Women’s Prison (with an estimated 300 inmates). A combination of international peacekeepers, FACA troops, and judicial police guarded the men’s prison and its perimeter, while female prison officers, trained by MINUSCA and the Ministry of Justice, guarded the women’s prison. There were also staffed prisons in 10 other towns. Conditions in other prisons not emptied or destroyed by recent conflict were life threatening and substantially below international standards. Basic necessities, including food, clothing, and medicine, were inadequate and often confiscated by prison officials.

MINUSCA’s contribution to prison administration resulted in a gradual demilitarization of facilities and a reduction in escapes.

Ex-Seleka and anti-Balaka forces held an unknown number of persons in illegal prisons and detention centers, but neither the government nor humanitarian agencies visited these sites, and their conditions were unknown.

Physical Conditions: Authorities sometimes held pretrial detainees with convicted prisoners and juveniles with adults. In prisons outside Bangui, it was common practice to hold men and women together.

Official prisons lacked basic sanitation and ventilation, electric lighting, basic and emergency medical care, and sufficient access to potable water. Prisoners seldom had access to health care, and disease was pervasive. In the women’s prison, authorities divided inmates into three large rooms with no ventilation or electric lighting, and all, including pregnant women, slept on thin straw mats on concrete floors.

Administration: There was no centralized recordkeeping system to track the number of prisoners. There was no ombudsman system. Prison detainees have the right to submit complaints of mistreatment, but victims rarely did so, due to lack of a functioning formal complaint mechanism and fear of retaliation by prison officials. Authorities seldom initiated investigations of abuse in the prisons.

Independent Monitoring: The government permitted monitoring by independent observers, including the UN independent expert in March.

d. Arbitrary Arrest or Detention

The law provides protection against arbitrary arrest and detention and accords detainees the right to a judicial determination of the legality of their detention, but the government did not always observe these prohibitions. In the territories they controlled, the ex-Seleka and anti-Balaka also ignored such provisions, and arbitrary arrest and detention remained serious problems throughout the country.

ROLE OF THE POLICE AND SECURITY APPARATUS

The police and gendarmerie have responsibility for enforcing law and maintaining order; however, both largely were withdrawn from the interior of the country during the violence in 2013 and had limited or no presence in many areas. While the police and gendarmerie increased the number of towns in which they were present during the year, they remained poorly trained and had few functioning arms and little ammunition.

Impunity was a problem. Contributing factors included insufficient staffing and resources; corruption; unpaid salaries for the police, gendarmerie, and judiciary; and too few prisons.

In April and May, 320 police officers and agents were trained by MINUSCA’s police component on community policing, human rights, and gender-based violence (GBV). MINUSCA also trained 77 police and gendarmes, including 18 women, on human rights and the use of force.

MINUSCA had a military police force of 11,820, including 1,820 police officers. The role of MINUSCA’s police force was to protect the civilian population from physical violence within its capabilities and areas of deployment. MINUSCA police had the authority to make arrests and transfer persons to national authorities but not to investigate cases.

On July 16, the EU launched its military training mission in the country. The mission contributed to defining the overall approach of the EU to security-sector reform.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Judicial warrants are not required for arrest. The law stipulates persons detained in cases other than those involving national security must be informed of the charges against them and brought before a magistrate within 72 hours. This period is renewable once, for a total of 144 hours, but authorities often did not respect these deadlines, in part due to inefficient judicial procedures and a lack of judges.

The bail system did not function. Authorities sometimes followed legal procedures in cases managed by gendarmes or local police. Lawyers continued to work and were sometimes accessible. For individuals detained by ex-Seleka and anti-Balaka and placed in illegal detention centers, legal procedures were not followed, and access to lawyers was not provided.

The prosecution of persons subject to sanctions was minimal, although arrest warrants reportedly were issued for several sanctioned individuals.

Arbitrary Arrest: The constitution prohibits arbitrary arrest and detention. Arbitrary arrest was a serious problem, however, and some ex-Seleka and anti-Balaka groups arbitrarily targeted and detained individuals.

Pretrial Detention: Prolonged pretrial detention was a serious problem.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: No information was available on this subject.

e. Denial of Fair Public Trial

The constitution provides for a judiciary, whose independence is guaranteed by the president. By year’s end no judges had been appointed to the Constitutional Court established by the new constitution. In 2013 the Seleka plundered the courts and destroyed records throughout the country, leaving the courts barely able to operate. Many magistrates and government workers who fled the violence in 2013 did not return to their homes during the year, especially outside the capital, due to fear for their safety. Corruption was a serious problem. Courts suffered from inefficient administration, a shortage of trained personnel, salary arrears, and a lack of resources. Authorities, particularly those of high rank, did not always respect court orders.

TRIAL PROCEDURES

The penal code presumes defendants are innocent until proven guilty. Trials are public, and defendants have the right to be present and consult a public defender. Criminal trials use juries. The law obliges the government to provide counsel for indigent defendants; this process delayed trial proceedings due to the state’s limited resources. Defendants have the right to question witnesses, present witnesses and evidence on their own behalf, access government-held evidence, and file appeals. The law extends these rights to all citizens. The transitional government sometimes complied with these requirements. Defendants have the right to be informed promptly and in detail of the charges (with free interpretation as necessary from the moment charged through all appeals), to receive adequate time and facilities to prepare a defense, and not to be compelled to testify or confess guilt. Authorities seldom respected these rights.

The government reiterated its desire to establish the Special Criminal Court. The selection committee for national magistrates was established and the operating budget for the first 18 months was approved.

In June the International Criminal Court sentenced the former leader of the Movement for the Liberation of Congo, Jean-Pierre Bemba, to 18 years’ imprisonment for war crimes and crimes against humanity committed by his troops in the country in 2002-03.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The constitution provides for an independent judiciary in civil matters, but citizens had limited access to courts to bring lawsuits seeking damages for, or cessation of, a human rights violation. There is no system for the protection of victims and witnesses, who faced intimidation and insecurity. Civil society organizations claimed victims, who often lived side-by-side with perpetrators, were unable to testify against perpetrators, especially since there was no guarantee of a credible judicial process.

The Criminal Court held its annual session in August and September. Some 55 cases were on the docket, many with multiple defendants, including trials for murder, criminal conspiracy, illegal retention of weapons of war, misappropriation of public funds, rape, and witchcraft.

For example, the court sentenced Honniset Sabin, Olivier Ngala, and Ghislain Kolet in absentia to 20 years’ imprisonment for conspiracy and armed robbery. A warrant was issued for their arrest.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits searches of homes without a warrant in civil and criminal cases, and there were no reports the government failed to respect these prohibitions.

The country’s administrative and commercial infrastructure remained significantly damaged or destroyed due to widespread looting and pillaging in 2013.

Serious violations of human rights and international humanitarian law, including unlawful killings, torture and other mistreatment, abductions, sexual assaults, looting, and destruction of property were perpetrated by all armed groups in the conflict, including the ex-Seleka and the anti-Balaka, whose fighters operated freely across much of the country, facilitated by the widespread circulation of small arms.

In February armed Fulani (Peulh) herders, at times supported by ex-Seleka and anti-Balaka fighters, attacked civilians along a corridor used for the seasonal movement of livestock in the central regions, leading to temporary mass displacement of populations in the towns of Kouango, Kaga Bandoro, and Batangafo.

Killings: Attacks by armed groups resulted in numerous civilian casualties. For example, on January 5, outside the village of Pakam, in Nana Mambere Prefecture, armed Peulh affiliated with the 3R group led by self-proclaimed Colonel Siddiki reportedly shot and killed a civilian before burning the body. The same group allegedly was responsible for the death of two men on March 21 during an attack on the village of Ngouvota, near Kaga Bandoro. On March 4, members of the ex-Seleka UPC allegedly killed three women from the same family who were returning from their fields five miles from Bambari; the killings were in retaliation for the deaths of two UPC members.

Beginning in May localized communal violence increased in the North. The movement of nomadic herders in the Northwest sparked tensions, including in Ngaoundaye, in Pende, Ouham Prefecture, after a refusal by residents to allow herders to cross their land. Violence in Ngaoundaye on June 15 resulted in at least 10 deaths, destroyed houses, and the displacement of thousands of persons to surrounding towns, as well as to neighboring Cameroon and Chad, according to the United Nations.

In June and July, a series of attacks by armed groups occurred in and outside of Bangui. On June 20, for example, armed fighters clashed with MINUSCA soldiers in Bangui’s PK-5 area, which resulted in the deaths of six armed men and 15 civilians. On June 24, unidentified assailants killed a Senegalese peacekeeper. In early July clashes between the different ex-Seleka factions in Kaga Bandoro forced civilians to seek protection in camps for internally displaced persons (IDPs) protected by international forces. Since mid-June the Office of the UN High Commissioner for Refugees (UNHCR) registered more than 6,000 new refugees from the Central African Republic in Chad and Cameroon.

On September 16, the UN Office for the Coordination of Humanitarian Affairs reported attacks in Kouango that resulted in 19 deaths, 380 houses burned, and populations from 11 villages fleeing.

The LRA also killed civilians during the year, targeting in particular the Haute-Kotto and Mbomou prefectures. Attacks against civilians since the beginning of the year included killings, abductions, and GBV. Between January and April, the LRA abducted more than 290 persons, including 60 children. Thousands of civilians were displaced.

Abductions: The LRA, ex-Seleka, anti-Balaka, and other armed groups abducted numerous persons. According to MINUSCA, abductions and hostage taking were used to extort money from relatives, press authorities into releasing their incarcerated colleagues, and intimidate populations into allowing armed groups to impose authority.

On June 19, the armed group in Bangui’s PK-5 area led by Abdoulaye Issene held six police officers hostage for five days. Earlier security force members arrested armed Fulani (Peulh) herders who were bringing their cattle into Bangui, which spiraled into reprisal attacks against the police. After several days of government negotiations, the hostages were released unharmed, with MINUSCA facilitating their handover.

Kidnappings by the LRA reportedly increased. The LRA significantly stepped up its activity in the eastern region, especially in the mining areas east of Bria, in the Haute-Kotto Prefecture, and along the Mbomou River between the towns of Rafai and Obo. According to an international NGO, the LRA was responsible for 42 incidents, six civilian fatalities, and 252 civilian abductions in the country in the first quarter.

Physical Abuse, Punishment, and Torture: The ex-Seleka and forces associated with anti-Balaka groups reportedly tortured, beat, and raped civilians in the course of the conflict.

Members of armed groups reportedly continued to rape girls and women with impunity. For example, on February 23, four armed men affiliated with the RJ movement gang-raped a 14-year-old girl who was returning home on foot in the village of Pende, Ouham and afterward attacked her with machetes. On February 26, an anti-Balaka leader raped a pregnant 25-year-old woman in the Batangafo, Ouham IDP camp before beating her husband and two other persons who were trying to protect her. MINUSCA arrested the attacker.

Between January and August, at least 110 persons were accused of witchcraft or quackery. Suspected individuals were often subject to arbitrary arrests and executions by members of armed groups, lynching by a mob, or expulsion from their communities.

There were reports peacekeeping forces, including MINUSCA and international contingents, exploited women and children, although some of the reports referred to cases that occurred prior to 2016 (see section 1.c.).

Child Soldiers: Reports of use of child soldiers continued during the year. According to estimates by the UN Children’s Fund (UNICEF), between 6,000 and 10,000 child soldiers were recruited during the latest conflict through 2015; some remained with armed groups. NGOs reported children recruited by armed groups were sent to fight, used for sexual purposes, and used as cooks, porters, or messengers. According to the UN independent expert, the LRA forced children to commit atrocities such as looting and burning villages, killing village residents, and abducting or killing other children.

According to the 2016 Report of the Secretary-General on Children and Armed Conflict, the United Nations documented 40 cases of child recruitment and use in 2015; more than half the cases were perpetrated by the LRA and more than a quarter by ex-Seleka faction the UPC. Armed groups forced children to be combatants, messengers, informants, and cooks. Girls also were used as sex slaves. In addition the United Nations documented the presence of children manning checkpoints and barricades alongside armed individuals reportedly sympathetic to or affiliated with anti-Balaka and ex- Seleka elements.

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

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and press, and the government generally respected these rights.

Press and Media Freedoms: All print media in the country were privately owned. Radio was the most important medium of mass communication. There were a number of alternatives to the state-owned radio station, Radio Centrafrique. Independent radio stations operated freely and broadcast organized debates and call-in talk shows critical of the government, the election process, ex-Seleka, and anti-Balaka militias. International media broadcast within the country.

The government monopolized domestic television broadcasting (this was available only in the capital and for limited hours), and television news coverage generally supported government positions.

Violence and Harassment: There were no reports of journalists being targeted for violence by the government.

Censorship or Content Restrictions: There were no reports the government attempted to censor the media. Three journalists arrested in 2014 had not been tried by year’s end. Local and international journalists used a variety of social media platforms to broadcast updates and commentary during the elections, without restriction.

INTERNET FREEDOM

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

According to the International Telecommunication Union, approximately 4 percent of the population used the internet in 2014.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no reports the transitional or newly elected government restricted academic freedom or cultural events.

Many schools remained closed or without adequate resources. The country’s sole university was open.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The new constitution provides for the right of assembly, and the government generally respected it. Any association intending to hold a public political meeting is required to obtain the Ministry of Interior’s approval.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and the government generally respected it. All associations, including political parties, must apply to the Ministry of Interior for registration.

A law prohibiting nonpolitical organizations from uniting for political purposes remained in place.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution provides for freedom of internal movement, but the government did not always respect this right.

In-country Movement: Armed groups and bandits made in-country movement extremely dangerous. Illegal checkpoints were frequently used by government forces, armed groups, and criminals alike to extort funds. Muslims were often targeted for attacks, including truck drivers.

INTERNALLY DISPLACED PERSONS

Ex-Seleka and anti-Balaka attacks on civilians and fighting between armed groups displaced at least 922,000 persons at the height of the conflict in January 2014. As the security situation improved during the last two years, hundreds of thousands of IDPs returned to their homes. According to an August 2016 UNHCR report, there were more than 385,000 IDPs across the country. Destruction of homes and insecurity were the most widely cited reasons for continued displacement.

Displaced persons in Muslim enclaves continued to be especially vulnerable to violence by armed groups, in particular in Bambari and Batangafo.

The government provided assistance to IDPs and returnees. The government allowed humanitarian organizations to provide services, although security concerns sometimes prevented organizations from operating in areas previously controlled by the Seleka, and targeted attacks on humanitarian operations impeded their ability to access some populations.

On May 14, the president and prime minister visited the M’Poko and Bimbo camps for displaced persons. In June, during her meeting with the minister for social affairs and national reconciliation, the UN independent expert stated priority would be given to relocating the M’Poko camp and to identifying appropriate action to ensure returns are carried out in accordance with international standards. In December the government announced the closure of the IDP camp at M’Poko International Airport and began distributing cash payments to residents willing to leave. As of December 27, 446 IDPs had departed the site.

According to the Association of Women Lawyers of Central Africa (AFJC), sexual and gender-based violence in IDP camps was widespread.

With an improving security situation in the capital, some Muslims returned to Bangui.

There were reports of sexual exploitation of children and the inappropriate use of force in IDP camps by international and MINUSCA peacekeeping forces during the year (see section 1.c.).

PROTECTION OF REFUGEES

Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The Subcommission on Eligibility, however, had not held sessions since 2009, which contributed to a growing backlog of asylum applications.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: After several postponements, the country held a constitutional referendum in December 2015 followed by the first round of presidential and legislative elections. None of the 30 presidential candidates obtained more than 50 percent of the votes required to avoid a second round, which was held on February 14. On January 25, the Transitional Constitutional Court annulled the December 30 legislative elections–due to widespread irregularities and voter intimidation and fraud–and ordered new elections. The rescheduled first-round legislative elections also took place on February 14, with a second round held on March 31. The National Assembly was seated on May 3; elections for the Senate were not held, and no date for them was announced. Central African refugees and members of the diaspora in some neighboring states were able to participate in the elections.

The December 2015 constitutional referendum led to the adoption of a new constitution, with 93 percent of the votes cast in favor; voter turnout was 38 percent.

The first round of presidential and legislative elections took place in December 2015 with a turnout of 62 percent. Refugees located in Cameroon, the Republic of the Congo, and Chad were able to vote. The Democratic Republic of the Congo, however, did not allow the estimated 112,000 Central African refugees on its territory to vote.

A total of 415 appeals were lodged contesting the results of the legislative elections, leading the Transitional Constitutional Court to invalidate the ballot and to require a new first round of elections. The appeals were based primarily on allegations of irregularities and fraud, corruption, and intimidation of voters and candidates. The second round of the presidential election and the new first round of the legislative elections took place on February 14. Observers noted a marked improvement in the conduct of the ballot, as the majority of polling stations opened on time and were properly equipped. The Transitional Constitutional Court announced the final results of the presidential election on March 1, confirming the victory of independent candidate Faustin-Archange Touadera with 62.7 percent of the vote over Anicet-George Dologuele, who had 37.3 percent of the vote. The turnout was 58.9 percent. Dologuele quickly conceded defeat and called upon his supporters to accept the results of the ballot. The inauguration of President Touadera took place on March 30.

Participation of Women and Minorities: Four of the 23 cabinet members were women, as were the senior presidential advisors for agriculture and national reconciliation. On April 23, the Constitutional Court announced the provisional results of the second round of the legislative elections and confirmed the election of 128 members of parliament, including 11 women. Some observers believed traditional attitudes and cultural practices limited the ability of women to participate in political life on the same basis as men.

There were four Muslim members, including one Fulani member, of the cabinet.

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. The World Bank’s 2015 Worldwide Governance Indicators reflected corruption was a severe problem.

Financial Disclosure: The constitution requires senior members of the executive, legislative, and judicial branches at the beginning of their terms to declare publicly their personal assets and income for scrutiny by the constitutional court. The constitution specifies that the law determines sanctions for noncompliance. Declarations are public. The constitution requires ministers to declare their assets upon departing government but is not explicit on what constitutes assets or income.

Public Access to Information: The constitution stipulates that every citizen has the right to access government information, which is published in the Official Gazette, the newspaper that publishes official decrees and laws. The provision was effectively implemented: The Official Gazette is published at least monthly, and print copies are available for purchase.

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

On April 14, the president began a series of discussions with the leaders of the armed factions to keep channels of communication open and to pave the way for a national program of disarmament, demobilization, reintegration, and repatriation (DDRR), funded by international partners. A special presidential advisor for security-sector reform (SSR), DDRR, and national reconciliation was appointed in May, and the president initiated a national framework for SSR, DDRR, and national reconciliation in July. In October the president convened the first meeting of the national DDRR consultative committee, which included representatives from 11 of 14 armed groups. In late June, however, the UN independent expert noted the discussions had not led to the conclusion of clear agreements on disarming armed groups and dismantling of militias.

Government Human Rights Bodies: A Joint Commission of Inquiry established in 2013 with a mandate to investigate human rights violations committed in the country since 2004 lacked resources and was not operational during the year.

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.

Between January and October 2015, the UN Population Fund reported the GBV Information Management System, established in 2014, recorded 60,208 GBV survivors, who received medical or psychosocial care or both. Among those were 29,801 cases of sexual violence, including rape, gang rape, sexual slavery, sexual exploitation and abuse, and sexual aggression. In 2014 the International Rescue Committee reported more than two-thirds of 125 women surveyed in Bangui had been gang raped, primarily by members of armed groups (see section 1.g.).

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. A legal aid center in Bimbo for sexual and gender-based crimes reported receiving approximately 10 cases a week. The law considers spousal abuse a civil matter unless the injury is severe. According to the AFJC, victims of domestic abuse seldom reported incidents to authorities.

The government took no known action to punish perpetrators or otherwise combat rape and domestic violence.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for women and girls, which is punishable by two to five years’ imprisonment and a fine of 100,000 to one million CFA francs ($170 to $1,700), depending on the severity of the case. Approximately 24 percent of girls and women between ages 15 and 49 had been cut, according to multiple indicator cluster surveys reported by UNICEF in 2010; of that number 52 percent had undergone the procedure between ages 10 and 14. The government broadcast public awareness announcements concerning FGM/C on public radio.

Other Harmful Traditional Practices: Women, especially the very old and those without family, were in many cases accused of witchcraft (see section 6, Other Societal Violence or Discrimination).

Sexual Harassment: The law prohibits sexual harassment, but the government did not effectively enforce the law, and sexual harassment was common. The law prescribes no specific penalties for the crime.

Reproductive Rights: Couples and individuals have the right to decide freely and responsibly the number, spacing, and timing of children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Nevertheless, most couples lacked access to contraception, skilled attendance during childbirth, prenatal care, and essential obstetric care and postpartum care. According to estimates from the UN Population Fund, the maternal mortality rate remained extremely high: 500 to 999 deaths for every 100,000 live births in 2015. With only 0.08 physicians per thousand residents, most births were unattended by qualified medical professionals, resulting in poor outcomes. UN sources estimated that in 2015 a woman’s lifetime risk of maternal death was one in 27.

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 about lack of access to these payments for women. Women’s access to educational opportunities and jobs, particularly at higher levels in their professions or in government service, remained limited. Some women reported economic discrimination in access to credit due to lack of collateral, but there were no reports of discrimination in pay equity or owning or managing a business.

The government did not take any steps during the year to combat discrimination against women. The AFJC advised women of their legal rights and how best to defend them. The AFJC filed an increased number of complaints during the year.

Children

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. The UN Committee on the Rights of the Child expressed concern over the low levels of birth registration, which led to violations of the right to a nationality for children whose births were not registered.

Education: Education is compulsory from six to 15 years of age. Tuition is free, but students have to pay for items such as books and supplies, and for transportation. In 2015, according to UNICEF, 38 percent of schools were attacked or looted during the crisis, and one-third of school-age children did not go to school. Girls did not have equal access to primary or secondary education. Few Ba’aka, the earliest known inhabitants of the forests in the south, attended primary school. Some local and international NGOs made efforts, with little success, to increase Ba’aka enrollment in schools; there was no significant government assistance for these efforts.

According to an NGO nationwide survey in 2015, between 78 and 88 percent of schools were open. According to the United Nations, an estimated 10,000 children were prevented from attending school during the year, mostly due to schools being occupied by armed groups.

Child Abuse: The law criminalizes parental abuse of children under age 15. Nevertheless, child abuse and neglect were widespread, although rarely acknowledged. The government did not take steps to address child abuse.

Early and Forced Marriage: The law establishes 18 as the minimum age for civil marriage. Nonetheless, an estimated 68 percent of women between ages 20 and 24 were married before age 18 and 29 percent before age 15, according to UNICEF data collected between 2005 and 2013. UNICEF reported forced marriages were on the rise among young girls in rural areas where the government lacked authority. The government did not take steps to address forced marriage. The practice of early marriage was more common in the Muslim community. There were reports during the year of forced marriages of young girls to ex-Seleka and anti-Balaka members.

Female Genital Mutilation/Cutting (FGM/C): See information for girls under 18 in women’s section above.

Sexual Exploitation of Children: There are no statutory rape or child pornography laws to protect 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. A legal aid center in Bimbo for sexual and gender-based crimes reported cases involving minor victims.

In the first half of the year, NGOs reported the LRA continued to target and abduct children. Abducted girls often were kept as sex slaves (see section 1.c.).

Armed groups committed sexual violence against children and used girls as sex slaves (see sections 1.g. and 2.d.).

There were reports of sexual exploitation of children and the inappropriate use of force by international and MINUSCA peacekeeping forces during the year (see section 1.c.).

Child Soldiers: Child soldiering was a problem (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. Prior to the Seleka takeover in 2013, there were more than 6,000 street children between ages five and 18, including an estimated 3,000 in Bangui, according to data collected by the Ministry of Family and Social Affairs. Observers believed that HIV/AIDS and societal belief in sorcery, particularly in rural areas, contributed to the large number of street children. An estimated 300,000 children had lost one or both parents to HIV/AIDS, and children accused of sorcery (often reportedly in connection with HIV/AIDS-related deaths in their neighborhoods) frequently were expelled from their households and were sometimes subjected to societal violence.

The country’s instability had a disproportionate effect on children, who accounted for 60 percent of IDPs. Access to government services was limited for all children, but displacement reduced it further. Nevertheless, according to a humanitarian NGO, an estimated 140,000 displaced and vulnerable children participated in psychosocial activities, 3,000 children were released from armed groups, and approximately 3,500 survivors of sexual violence received comprehensive support.

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

Anti-Semitism

There was no significant Jewish community, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The 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 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.

The government did not enact programs to ensure access to buildings, information, and communications. No information was available on whether any children with disabilities attended school during the year. The Ministry of Labor’s Labor Inspectorate has responsibility for protecting children with disabilities.

When persons with disabilities reached IDP camps, they faced difficulties accessing sanitation, food, and medical assistance.

National/Racial/Ethnic Minorities

Violence by unidentified persons, bandits, and other armed groups against the 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 Mbororo faced occasional discrimination with regard to government services and protections. In recent years the Mbororo began arming themselves against attacks from farmers who objected to the presence of the Mbororo’s grazing cattle. Several of the resulting altercations resulted in deaths.

Indigenous People

Discrimination against the Ba’aka, who constituted 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, often were 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.

Refugees International reported the Ba’aka were effectively “second-class citizens,” perceived as barbaric and subhuman and excluded from mainstream society.

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

The penal code criminalizes consensual same-sex sexual activity. The penalty for “public expression of love” between persons of the same sex is imprisonment for six months to two years or a fine of between 150,000 and 600,000 CFA francs ($255 and $1,022). When one of the participants is a child, the adult may be sentenced to two to five years’ imprisonment or a fine of 100,000 to 800,000 CFA francs ($170 and $1,362); however, 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 gays and lesbians. Societal discrimination against LGBTI persons was entrenched due to a high degree of cultural stigmatization and social pressure to conform to a heterosexual lifestyle. Many citizens attributed the existence of homosexual activity to undue Western influence. There were no reports of LGBTI persons targeted for acts of violence, although the absence of reports could reflect cultural biases and stigma attached to being an LGBTI individual. There were no known organizations advocating for or working on behalf of LGBTI persons.

HIV and AIDS Social Stigma

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.

Other Societal Violence or Discrimination

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 former governments often neglected.

During the worst of the crisis, some Christian communities formed anti-Seleka militias that targeted Muslim communities, presumably for their association with the Seleka. The Catholic archbishop of Bangui, local priests, and an imam worked with communities to defuse tensions by making radio broadcasts urging members of their religious communities to 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 related to cattle theft occurred.

According to the UN independent expert, there were numerous credible reports that “persons accused of witchcraft have been detained, tortured, or killed by individuals or members of armed groups, particularly in the west of the country.” Accusations of witchcraft were usually brought against members of the most vulnerable population groups, including women, the elderly, children, persons with disabilities, and persons with albinism. According to the independent expert, “Persons suspected of witchcraft also were victims of mob justice, often carried out by anti-Balaka militias with the complicity of local authorities.”

According to an international NGO, between January and August, at least 110 persons were accused of witchcraft or quackery. These persons were subject to arbitrary arrests, executions by members of armed groups, killing by a mob, or expulsion from their communities.

For example, in Bossangoa, between August 6 and 15, three women accused of witchcraft were victims of vigilante violence. One of the three was seriously injured and transported to the local district hospital; the other two were kidnapped and released following the intervention of international forces.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except for senior-level state employees, all security force members, and foreign workers in residence for less than two years, to form or join unions without prior authorization. The labor code provides for the right of workers to organize and administer trade unions without employer interference and grants trade unions full legal status. The law requires union officials be full-time, wage-earning employees in their occupation and allows them to conduct union business during working hours if the employer is informed 48 hours in advance and provides authorization. Substantial restrictions, including reciprocity, hampered noncitizens from holding leadership positions in a union, despite amendments to the labor code.

Workers have the right to strike in both the public and private sectors, but the law prohibits security forces, including the armed forces and gendarmes, from striking. Requirements for conducting a legal strike are lengthy and cumbersome. To be legal, strikes must be preceded by the union’s presentation of demands, the employer’s response to these demands, a conciliation meeting between labor and management, and a finding by an arbitration council that the union and the employer failed to reach agreement on valid demands. The union must provide eight days’ advance written notification of a planned strike. The law states that if employers initiate a lockout that is not in accordance with the code, the employer is required to pay workers for all days of the lockout. The Ministry of Labor and Civil Service has the authority to establish a list of enterprises that are required by law to maintain a “compulsory minimum service” in the event of a strike. The government has the power of requisition or the authority to end strikes by invoking the public interest. The code makes no other provisions regarding sanctions on employers for acting against strikers.

The law expressly forbids antiunion discrimination. The labor code provides that unions may bargain collectively in the public and private sectors, and it provides workers protection from employer interference in the administration of a union.

Employees may have their cases heard in labor court. The law does not state whether employers found guilty of antiunion discrimination are required to reinstate workers fired for union activities, although the law requires employers found guilty of such discrimination to pay damages, including back pay and lost wages.

The transitional government and the government generally enforced applicable laws and respected laws concerning labor actions. Workers exercised some of these rights, but only a relatively small part of the workforce, primarily civil servants, exercised the right to join a union. While worker organizations are officially outside government or political parties, the government exerted some influence over the leadership of some organizations.

Labor unions did not report any underlying patterns of discrimination or abuse. The president of the labor court stated the court did not hear any cases involving antiunion discrimination during the year.

Collective bargaining occurred in the private sector during the year, although the total number of collective agreements concluded was unknown. Neither the transitional government nor the government was generally involved if the two parties were able to reach an agreement. Information was unavailable on the effectiveness of collective bargaining in the private sector.

b. Prohibition of Forced or Compulsory Labor

The labor code specifically prohibits all forms of forced or compulsory labor and prescribes a penalty of five to 10 years’ imprisonment for violations. The labor code’s prohibition of forced or compulsory labor also applies to children, although the code does not mention them specifically. The government did not enforce the prohibition effectively, however, and there were reports such practices occurred, especially in armed conflict zones. The failure of government enforcement was due to a lack of resources, a dysfunctional judicial system, and an inadequate inspection cadre. Employers subjected men, women, and children to forced domestic, agricultural, mining, sales, and restaurant labor, as well as sexual exploitation. Criminal courts sentenced convicted persons to imprisonment and forced labor, and prisoners often worked on public projects without compensation. In Bangui and other large urban areas, however, the practice was rare, partly because of the presence of human rights NGOs or lawyers and because day labor was inexpensive. Ba’aka, including children, often were coerced into labor as day laborers, farm hands, or other unskilled labor and often treated as slaves (see section 6). No known victims were removed from forced labor during the year.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The labor code forbids the employment of children younger than age 14 without specific authorization from the Ministry of Labor and Civil Service, but the law also provides that the minimum age for employment can be as young as age 12 for some types of light work in traditional agricultural activities or home services. The law prohibits children younger than age 18 from performing hazardous work or working at night. Although the law defines hazardous work as any employment that endangers children’s physical and mental health, it does not define the worst forms of child labor. The mining code specifically prohibits child or underage labor.

Neither the transitional government nor the government enforced child labor laws. The government trained police, military, and civilians on child rights and protection, but trainees lacked resources to conduct investigations. The government had numerous policies related to child labor, including those to end the sexual exploitation and abuse of children and the recruitment and use of children in armed conflict, but there was no evidence of programs to eliminate or prevent child labor, including its worst forms. Five labor inspectors were specifically trained to investigate child labor. Penalties were not sufficient to deter violations.

Child labor was common in many sectors of the economy, especially in rural areas. Children continued to perform hazardous work and labored as child soldiers. No known victims were removed from the worst forms of child labor during the year.

Local and displaced children as young as age seven frequently performed agricultural work, including harvesting peanuts and cassava and helping gather items subsequently sold at markets, such as mushrooms, hay, firewood, and caterpillars. In Bangui many of the city’s street children worked as street vendors. Children often worked as domestic workers, fishermen, and in mines, often in dangerous conditions. Children also worked in the diamond fields alongside adult relatives, transporting and washing gravel as well as mining gold, digging holes, and carrying heavy loads. Despite the law prohibiting child labor in mining, observers saw many children working in and around diamond mining fields.

Although there were no reports ex-Seleka and anti-Balaka recruited child soldiers during the year, both groups continued using child soldiers (see section 1.g.).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

It is illegal to discriminate in hiring or place of employment based on race, national or social origin, gender, opinions, or beliefs. The government did not effectively enforce the law, however. The law does not explicitly prohibit discrimination in employment and occupation based on disability, age, language, sexual orientation, gender identity, social status, HIV-positive status, or having other communicable diseases.

Discrimination against women in employment and occupation occurred in all sectors of the economy and in rural areas, where traditional practices that favor men remained widespread (see section 6).

Migrant workers experienced discrimination in employment and pay.

e. Acceptable Conditions of Work

The labor code states the minister of labor and civil service must set minimum wages in the public sector by decree. The transitional government, the country’s largest employer, set wages after consultation, but not negotiation, with government employee trade unions. The minimum wages in the private sector are established based on sector-specific collective conventions resulting from negotiations between employers and workers’ representatives in each sector. Salary and pension arrears were problems for armed forces personnel and the country’s approximately 24,000 civil servants.

The minimum wage in the private sector varied by sector and type of work. While the average monthly minimum wage remained 28,000 CFA francs ($48), it was 26,000 CFA francs ($44) for government workers and 8,500 CFA francs ($14) for agricultural workers.

The minimum wage applies only to the formal sector, leaving most of the economy unregulated in terms of wages. The law applies to foreign and migrant workers as well. Most labor was performed outside the wage and social security system in the extensive informal sector, especially by farmers in the large subsistence agricultural sector. The official estimated poverty rate was 65 percent.

The law sets a standard workweek of 40 hours for government employees and most private-sector employees. Household employees may work up to 52 hours per week. The law also requires a minimum rest period of 48 hours per week for citizen, foreign, and migrant workers. Overtime policy varied according to the workplace. Violations of overtime policy may be referred to the Ministry of Labor and Civil Service, although it was unknown whether this occurred during the year. There is no legal prohibition on excessive or compulsory overtime. The labor code, however, states employers must provide for the health and security of employees who are engaged in overtime work.

There are general laws on health and safety standards in the workplace, but the Ministry of Labor and Civil Service did not precisely define them. The labor code states a labor inspector may force an employer to correct unsafe or unhealthy work conditions.

Neither the transitional government nor the government enforced labor standards, and violations were common in all sectors of the economy. Government reports indicated only 18 of 53 labor inspectors were assigned to enforcement duties, which was insufficient to enforce compliance. Penalties were seldom enforced and were insufficient to deter violations. Employers commonly violated labor standards in agriculture and mining.

Diamond mines, which employed an estimated 400,000 persons, are subject to standards imposed by the mining code and inspection by the Miners’ Brigade. Nevertheless, monitoring efforts were underfunded and insufficient. Despite the law requiring those working in mines to be at least age 18, observers frequently saw underage diggers. Diggers often worked in open pits susceptible to collapse and generally earned a daily wage of 2,000 CFA francs ($3.41), often working seven days a week during the peak season. Diggers were employed by larger mine operators, worked in dangerous conditions at the bottom of open pits, and lacked safety equipment.

Miners, by contrast, have a share in ownership and participate in the proceeds of diamond sales. On average they earned 186,000 CFA francs ($316) per year via legal sales, but this figure varied considerably based on the scale of the mine. Often miners supplemented these earnings by either illegal diamond sales or wages from other sectors of the economy. No credible information was available regarding workplace injuries and deaths.

If information exists about dangerous working conditions, the law provides that workers may remove themselves without jeopardy to their employment. In such instances the labor inspector notifies the employer and requires that conditions be addressed within four working days. The high unemployment and poverty rates deterred workers from exercising this right.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports that pro-GNA militias, anti-GNA militias, LNA units, Da’esh fighters, and other extremist groups committed arbitrary or unlawful killings. Alliances, sometimes temporary, between the government, nonstate militias, and former or current officers in the armed forces participating in extralegal campaigns made it difficult to ascertain the role of the government in attacks by armed groups. In the absence of an effective judicial and security apparatus, perpetrators remained unidentified, and most of these crimes remained unpunished.

Reports indicated extremist and terrorist organizations played a prominent role in targeted killings, kidnappings, and suicide bombings perpetrated against both government officials and civilians. Although many incidents saw no claims of responsibility, observers attributed many to terrorist groups such as Da’esh, Ansar al-Sharia, and their affiliates. Criminal groups or armed elements affiliated with both the government and its opponents may have carried out others. Extremist groups using vehicles carrying explosive devices typically targeted military officials and killed scores of persons during the year.

The UN Support Mission in Libya (UNSMIL) documented 440 civilian casualties, including 204 killed and 236 injured from LNA military operations. Airstrikes caused the largest number of deaths, while shelling injured the most victims. On March 16, prominent civil society activist, Abdul Basit Abu-Dahab, was killed in Derna by a bomb placed in his vehicle. On July 21, UNSMIL reported that authorities found 14 bodies with signs of torture and gunshot injuries to the heads in a dumpster in Benghazi.

Da’esh fighters also committed numerous extrajudicial killings in areas where the group maintained presence. Human Rights Watch (HRW) reported that Da’esh unlawfully killed at least 49 persons in its stronghold of Sirte between February 2015 and May.

Da’esh fighters were driven from Sirte by the Libyan government’s military operation al-Bunyan al-Marsous (ABAM). According to UNSMIL officials, ABAM fighters in Sirte allegedly tortured and executed Da’esh prisoners of war and possibly their family members.

Civil society and media reports claimed both pro-GNA and anti-GNA militia groups in Tripoli committed human rights abuses, including indiscriminate attacks on civilians, kidnapping, torture, burning houses, and forced expulsions based on political belief or tribal affiliation. In a series of incidents in Bani Walid on April 26 and 27, UNSMIL reported three Libyan and 12 Egyptian nationals were killed. On June 9, 12 former regime officials were shot and killed in Tripoli within hours after the Libyan Supreme Court ordered their release from the Ministry of Justice-operated al-Baraka prison.

Impunity was a serious problem. The government’s lack of control led to impunity for armed groups on all sides of the conflict across the country. In 2015 human rights activist Entissar al-Hassaeri and her aunt were killed in Tripoli, and an investigator involved in the case disappeared. In the summer of 2015, judge Mohamed al-Nemli was tortured and killed near Misrata. The cases of Sheikh Mansour Abdelkarim al-Barassi; International Committee of the Red Cross staff member, Michael Greub; and human rights activist, Salwa Bughaighis, all of whom unknown assailants killed during 2014, remained unresolved. At year’s end authorities had not investigated these attacks, and there had been no arrests, prosecutions, or trials of any alleged perpetrators of these killings.

b. Disappearance

As in 2015 government forces and armed groups acting outside government control committed an unknown number of forced disappearances. The government made few efforts to prevent, investigate, or penalize, forced disappearances.

Kidnappings were common throughout the year. On January 27, HoR member of parliament for Misrata, Mohammed al-Ra’id, was kidnapped for ransom in Tobruk. On February 24, authorities found an 11-year-old child dead in Tripoli after his family failed to pay the ransom. On March 27, anti-LNA activist, Ali al-Absilly, was kidnapped in front of his house at al-Marj.

Many disappearances that occurred under the Qadhafi regime, as well as many related to the 2011 revolution, remained unresolved. Due to the continuing conflict, weak judicial system, legal ambiguity regarding amnesty for revolutionary forces, and the slow progress of the National Fact-Finding and Reconciliation Commission, law enforcement authorities and the judiciary made no appreciable progress in resolving high-profile cases reported in 2013, 2014, and 2015.

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

While the constitutional declaration and post-revolutionary legislation prohibit such practices, according to credible accounts, personnel operating both government and extralegal detention centers tortured prisoners. At times during the year, due to its lack of resources and capability, the government continued to rely on militias to manage its incarceration facilities. Furthermore, militias, not police, initiated arrests in most instances. Militias, at their discretion, held detainees prior to placing them in official detention facilities. Armed groups also managed their own detention facilities outside government control.

Treatment varied from facility to facility and typically was worst at the time of arrest. Reported abuses included beatings with belts, sticks, hoses, and rifles; administration of electric shocks; burns inflicted by boiling water, heated metal, or cigarettes; mock executions; suspension from metal bars; and rape. The full extent of abuse at the hands of extremist or militia (government-allied and not) remained unknown.

UNSMIL documented cases involving deprivation of liberty and torture across the country, including in sections of the Mitiga detention facility in Tripoli, under the control of the Special Deterrence Force; in the Abu Salim detention facility; and in detention facilities under the control of other armed groups in Tripoli. Observers also reported similar violations and abuses in detention facilities in al-Bayda, Bani Walid, Benghazi, Khoms, al-Marj, Warshafanah, and Zintan.

Prison and Detention Center Conditions

Overcrowded, harsh, and life threatening prisons and detention facilities fell well short of international standards and were a significant threat to the well-being of detainees and prisoners. Many prisons and detention centers were outside government control.

According to the International Organization for Migration (IOM) and Office of the UN High Commissioner for Refugees (UNHCR), migrant detention centers, operated by the Ministry of Interior’s Department to Combat Irregular Migration (DCIM), also suffered from massive overcrowding, dire sanitation conditions, lack of access to medical care, and significant disregard for the protection of the detainees. Additionally, many of these detention centers held minors with adults, and had no female guards for female prisoners. UNHCR reported an estimated 8,500 migrant detainees in the country as of March, although another humanitarian organization stated the actual number could be much higher.

Physical Conditions: In the absence of an effective judicial system or release of prisoners, overcrowding reportedly continued during the year. Accurate numbers of those incarcerated, including a breakdown by holding agency, were not available. A large number of detainees were foreigners, of whom migrants reportedly comprised the majority. Facilities that held irregular migrants generally were of poorer quality than other facilities.

The government urged military councils and militia groups to transfer detainees held since the 2011 revolution to authorized judicial authorities. Observers believed the greatest concentrations of such detainees were in greater Tripoli, Misrata, and Benghazi. Many facilities continued day-to-day operation under militia control.

Makeshift detention facilities existed throughout the country. Conditions at these facilities varied widely, but consistent problems included overcrowding, poor ventilation, the lack of necessities such as mattresses, and lack of hygiene and health care. Militias reportedly held detainees at schools, former government military sites, and other informal venues, including private homes. As violence escalated, the disruption of goods and services affected prisons, worsening the scarcity of medical supplies and certain food items.

There were reportedly separate facilities for men and women. In prior years in some instances, government-operated prisons and militias held minors with adults, according to human rights organizations. This practice continued in migrant detention centers and may have continued in prisons, due to the deterioration of conditions throughout the year.

These problems also existed in several migrant detention centers. Officials, local militias, and criminal gangs moved migrants through a network of detention centers. Reports indicated the conditions in most of these detention facilities were below international standards.

Administration: The Judicial Police, tasked by the Ministry of Justice to run the prison system, operates from its headquarters in Tripoli, but also opened a second headquarters in al-Bayda near the HoR. Additionally, many armed groups ran their own facilities outside the criminal justice system. The DCIM also operated its own detention facilities for migrants and refugees detained in the country.

There were multiple reports that recordkeeping on prisoners was not adequate and there was no known prison ombudsperson or comparable authority available to respond to complaints. It was unclear whether authorities allowed prisoners and detainees access to visitors and religious observance. Because there was no effectively functional judicial system during the year, oversight was problematic. Whether authorities censored prisoners’ complaints submitted to judicial authorities was unclear.

Administration of prisons and detention centers continued to fall under the authority of judicial police. During the year the ratio of detainees and prisoners to the generally poorly trained guards varied significantly. International organizations involved in monitoring and training prison staff continued suspension of their activities amid continuing violence.

Independent Monitoring: The government permitted some independent monitoring, but the lack of clarity over who ran each facility and the sheer number of facilities made it impossible to gain a comprehensive view of the system. Reports also raised questions about the capability and professional training of local human rights organizations charged with overseeing prisons and detention centers.

Due to the volatile security situation, few international organizations were present in the country monitoring human rights. While UNSMIL continued to monitor the situation through local human rights defenders, members of the judiciary, and judicial police, the absence of an international presence on the ground made oversight problematic.

d. Arbitrary Arrest or Detention

Following the 2011 revolution and attendant breakdown of judicial institutions and process, the government and nonstate militia forces continued to detain and hold persons arbitrarily in authorized and unauthorized facilities, including unknown locations, for extended periods without legal charges or legal authority.

The prerevolutionary criminal code remains in effect. It establishes procedures for pretrial detention and prohibits arbitrary arrest and detention, but both government and nonstate forces often disregarded these provisions. Throughout the year the government had little control over police and regional militias providing internal security, and armed groups carried out illegal and arbitrary detentions unimpededly. The lack of international monitoring meant that there were no reliable statistics on the number of arbitrary detainees.

ROLE OF THE POLICE AND SECURITY APPARATUS

National police and other elements of the security apparatus operated ineffectively. The national police force, which reports to the Ministry of Interior, has official responsibility for internal security. The military under the Ministry of Defense has as its primary mission the defense of the country from external threats, but it primarily supported Ministry of Interior forces on internal security matters. The situation varied widely from municipality to municipality contingent upon whether police organizational structures remained intact. In some areas, such as Tobruk, police continued to function, but in others, such as Sebha, they existed in name only. Civilian authorities had nominal control of police and security apparatus, and security-related police work generally fell to self-constituted, disparate militias exercising police power without training or supervision and with varying degrees of accountability.

There were no known mechanisms to investigate effectively and punish abuses of authority, abuses of human rights, and corruption by police and security forces. In the militia-dominated security environment, a blurred chain of command led to confusion about responsibility for the actions of armed groups, including those nominally under government control. In these circumstances police and other security forces were usually ineffective in preventing or responding to violence incited by militias. Amid the confusion over chain of command and absent effective legal institutions, a culture of impunity prevailed.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law stipulates an arrest warrant is required, but authorities can detain persons without charge for as long as six days and can renew detention for up to three months, provided there is “reasonable evidence.” The law also specifies authorities must inform detainees of the charges against them, and to renew a detention order, detainees must appear before a judicial authority at regular intervals of 30 days. The law gives the government power to detain persons for up to two months if considered a “threat to public security or stability” based on their “previous actions or affiliation with an official or unofficial apparatus or tool of the former regime.” Affected individuals may challenge the measures before a judge.

Although the Constitutional Declaration recognizes the right to counsel, the vast majority of detainees did not have access to bail or a lawyer. Government authorities and militias held detainees incommunicado for unlimited periods in official and unofficial detention centers.

Arbitrary Arrest: Authorities frequently ignored the provisions of the criminal code prohibiting arbitrary arrest and detention. Quasi-state or nonstate militias arbitrarily arrested and detained persons throughout the year.

The government and militias continued to hold many prisoners without charge. A specific number was unknown, but observers estimated it to be several thousand. The government took no concrete action to reform the justice system. Gaps in existing legislation and the unclear separation of powers among the executive, judicial, and legislative branches contributed to a weak judicial system. Few detainees had access to counsel, faced formal charges, or had the opportunity to challenge their detention before a judicial authority.

Pretrial Detention: According to international nongovernmental organizations (NGOs), there were numerous inmates held in government-controlled prisons in pretrial detention for periods longer than the sentences for the minor crimes they allegedly committed.

While authorities must order detention for a specific period not exceeding 90 days, the law in practice results in extended pretrial detention. An ambiguity in the language of the law allows judges to renew the detention period if the suspect is of “interest to the investigation.”

After the pretrial detention is ordered by an authorized judge, no appeal is allowed. This also applies to migrants charged with illegal border crossing.

Militias held most of those they detained without charge and frequently outside the government’s authority. With control of the security environment diffused among various militia groups and a largely nonfunctioning judiciary, circumstances prevented most detainees from accessing a review process.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law allows a detained suspect to challenge pretrial detention before the prosecutor and a magistrate judge. If the prosecutor does not order release, the detained can appeal to the magistrate judge. If the magistrate judge orders detention following review of the prosecutor’s request, and despite the detainee’s challenge, there is no further right to appeal the assigned detention order.

Amnesty: The government did not clarify whether it believed there was a blanket legal amnesty for revolutionaries’ actions performed to promote or protect the revolution. It took no action to address violations committed during the revolution by anti-Qadhafi forces, resulting in a tacit amnesty.

During the year Misratans staged a series of high-profile releases of detainees in conjunction with the UN-led Libya Political Dialogue, as a confidence-building measure. The detainees included 300 former regime figures, including former head of State Security Mohamed Ben Nayil and Tuerga tribe members who had worked for the Qadhafi regime.

e. Denial of Fair Public Trial

The Constitutional Declaration provides for an independent judiciary and stipulates every person has a right of recourse to the judicial system. Nonetheless, thousands of detainees lacked access to a lawyer and information about the charges against them. Judges and prosecutors contended with threats, intimidation, violence, as well as under resourced courts, and struggled to deal with complex cases. Additionally judges and prosecutors cited concerns about the overall lack of security in and around the courts, further hindering the re-establishment of the rule of law. Courts in Tripoli continued to operate during the year. Throughout the rest of the country, however, courts operated sporadically depending on local security conditions.

TRIAL PROCEDURES

The Constitutional Declaration provides for the presumption of innocence and the right to legal counsel, provided at public expense for the indigent. During the year state-affiliated and nonstate actors did not respect these standards. There were multiple reports of individuals denied fair and public trials, choice of attorney, language interpretation, the ability to confront plaintiff witnesses; protection against forced testimony or confession to crimes; and the right to appeal. According to reports from international NGOs, arbitrary detention and torture by militias, including those operating nominally under government oversight, continued to contribute to a climate of lawlessness that made fair trials elusive. Armed groups, families of the victims or the accused, and the public regularly threatened lawyers, judges, and prosecutors.

Amid threats, intimidation, and violence against the judiciary, the government did not take steps to screen detainees systematically for prosecution or release. The judiciary initiated very few criminal trials, largely because prosecutors and judges feared retaliation. The courts were more prone to process civil cases, which were less likely to invite retaliation, although capacity was limited due to a lack of judges and administrators.

POLITICAL PRISONERS AND DETAINEES

Both government and militia forces, some of which were nominally under government authority, held persons, particularly former Qadhafi regime officials, internal security organization members, and others accused of subverting the 2011 revolution, in a variety of temporary facilities on political grounds.

The lack of international monitoring meant that there were no reliable statistics on the number of political prisoners.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The Constitutional Declaration provides for the right of citizens to have recourse to the judiciary. The judicial system did not have the capacity to provide citizens with access to civil remedies for human rights violations until the 2013 Law of Transitional Justice provided for fact-finding, accountability, and reparations for victims. Civil proceedings were difficult, with no courts functioning in Benghazi, Derna, and Sirte. Courts processed only a minimal number of cases in Tripoli, and there were continuous threats to justices and judicial police in all areas.

Impunity for the state and for militias also exists in law. Even if a court acquits a person detained by a militia, that person has no right to initiate a criminal or civil complaint against the state or the militia unless “fabricated or mendacious” allegations caused the detention.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The Constitutional Declaration considers correspondence, telephone conversations, and other forms of communication as inviolable unless authorized by a court order. Reports in the news and on social media indicated militias, gangs, extremist groups, and government-affiliated actors violated these prohibitions through the entry of homes without judicial authorization, the monitoring of communications and private movements, and the use of informants. Invasion of privacy left citizens vulnerable to targeted attacks based on political affiliation, ideology, and identity. Extrajudicial punishment extended to targets’ family members and tribes. Armed groups arbitrarily entered, seized, or destroyed private property with impunity.

Killings: There were numerous reports that government-aligned militias, antigovernment militias, and some tribes committed arbitrary and unlawful killings of civilians. Primary targets of killings included political opponents; members of police, internal security apparatus and military intelligence; and also judges, political activists, members of civil society, journalists, religious leaders, and Qadhafi-affiliated officials and soldiers.

LNA Commander Khalifa Haftar’s Operation Dignity continued during the year. The LNA continued attacks by ground and air forces against extremist forces in Benghazi, including Da’esh, Ansar al-Sharia, and their affiliates. While casualty numbers were uncertain, reports from media and NGOs estimated that Haftar’s campaign resulted in hundreds of dead and thousands injured, including civilians. Amnesty International (AI) also reported indiscriminant and disproportionate shelling of the densely populated Benghazi neighborhood of Ganfouda.

On February 7, an unidentified aircraft bombed the al-Wahda hospital compound in Derna, killing at least two civilians and causing extensive damage. Other airstrikes targeted the city that day. There was no claim of responsibility.

In April there was extensive social media reporting of disproportionate shelling by the LNA in Derna, which caused a significant number of civilian casualties and infrastructure destruction.

On September 20, an airstrike killed at least nine civilians including women and children and injured 20 in Sokna in Jufra. There were claims that either the Misratan air force or the LNA carried out the attack, but neither claimed responsibility.

Although exact figures were impossible to obtain, extremist bombings and killings probably resulted in hundreds of deaths. Terrorist organizations, such as Da’esh, Ansar al-Sharia, al-Qaida in the Islamic Maghreb, and their affiliates likely carried out much of the violence, although in many instances the perpetrators were unknown.

Abductions: Forces aligned with both the government and its opponents were responsible for the disappearance of civilians in conflict areas, although in most cases, the details remained obscure. In the eastern region, a campaign of killings, kidnappings, and intimidation continued to target activists, journalists, former government officials, and the security forces. Kidnappings remained a daily occurrence in many cities.

Over the past 18 months, Da’esh abducted and took into captivity at least 540 refugees and migrants, including at least 63 women forced into sex slavery for Da’esh fighters.

Physical Abuse, Punishment, and Torture: Jailers at both government and extralegal detention centers reportedly tortured prisoners. Militia control of most government and extralegal detention facilities obscured understanding of the situation.

The extent of torture at extremist or militia hands remained unknown, although some militias reportedly physically abused detainees. Individuals who expressed controversial opinions, such as journalists, suffered from violence. There were no developments in the case of Naseeb Miloud Karfana, a television journalist based in Sabha, and her fiance, killed in 2014.

Child Soldiers: There were reports of minors joining GNA-aligned forces, although GNA official policy required proof recruits were at least 18 years old. There were multiple reports of underage militia enlistees, but there was no verifiable information about any age-related requirements for joining. The government did not make efforts to investigate or punish recruitment or use of child soldiers. According to media reports, Da’esh claimed to have been training children in the country for its operations, such as suicide attacks, firing weapons, and making improvised explosive devices (IEDs). In April the LNA claimed Da’esh forced child soldiers from Libya and other Arab countries into a training camp in Sirte.

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

Other Conflict-related Abuse: Additional abuses stemming from increased conflict included restrictions on travel, deliberate attacks on health-care facilities, and the forceful displacement of civilians. Media reported armed groups involved in Tripoli clashes used IEDs in heavily populated urban areas. Authorities reported the same abuse in Benghazi, and on May 2, UNSMIL reported that an IED explosion in the al-Hawari district in Benghazi killed three children and injured one.

According to AI, under an LNA military blockade, hundreds of civilians, including Libyans and foreign nationals, remained trapped in the Ganfouda neighborhood of southwest Benghazi and suffered from a severe shortage of water, food, medical supplies, and electricity. On December 10, the LNA announced a temporary, six-hour ceasefire to allow the evacuation of civilians. Only a handful of civilians, however, were able to leave the besieged Benghazi neighborhood. The UN condemned the failure of the LNA to assure safe passage to civilians during its pledged cessation of hostilities.

a. Freedom of Speech and Press

The Constitutional Declaration provides for freedom of opinion, expression, and press, but various militias, including those aligned with the GNA, exerted significant control over media content, and censorship was pervasive. Unidentified assailants targeted journalists and reporters for political views.

Freedom of Speech and Expression: Freedom of speech was limited in law and practice. The law criminalizes acts that “harm the February 17 revolution of 2011.” The HoR, since its election in 2014 and the GNA since taking seat in Tripoli in March, did little to change restrictions on freedom of speech. Observers noted civil society practiced self-censorship because armed groups threatened and killed activists. Widespread conflict in major urban areas deepened the climate of fear and provided cover for armed groups to target vocal opponents with impunity.

Observers reported that individuals censored themselves in everyday speech, particularly in locations such as Tripoli.

Press and Media Freedoms: Press freedoms were limited in practice because increased threats, including abductions and killings by a range of assailants, including militias and violent extremists forced many journalists to practice self-censorship. These limits were present in print media, broadcast media, and book publication.

There were few reports of the closing of media outlets, but there were some reports of raids by unidentified actors on organizations working on press freedom. Indirect restrictions on press freedom imposed by both foreign and domestic actors further polarized the media environment.

Violence and Harassment: Reportedly, attacks on the media, including harassment and killings of; and threats, abductions, and violence against media personnel continued to the point where it was nearly impossible for media to operate in any meaningful capacity in areas of conflict.

Impunity for attacks on media exacerbated the problem, with no monitoring organizations, security forces, or a functioning judicial system to constrain or record these attacks.

While harassment of journalists was commonplace during the year, more serious crimes against journalists were widespread. There were reports of the arbitrary detention and torture of journalists. On July 29, authorities detained Libyan photojournalist, Selim al-Shebl, while he covered antigovernment protests in Tripoli, but authorities released him without any charges after a few days of detention at the Ain Zara district.

In August, Misratan forces arbitrarily detained two journalists who worked for a major foreign newspaper and tortured one before releasing them without charge.

Unknown assailants killed several journalists.

On June 24, photojournalist Khaled al-Zintani was shot in Benghazi, and on July 21, photojournalist Abdelqadir Fassouk was killed while covering clashes between pro-GNA forces and Da’esh in Sirte.

On October 2, Dutch photojournalist Jeroen Oerlemans was killed in Sirte.

Kidnapping of journalists was also widespread throughout the year. In January media worker Abdelsalam al-Shahoumi was kidnapped from his workplace in Tripoli.

Censorship or Content Restrictions: The international NGO Reporters Without Borders reported that all sides used threats and violence to intimidate journalists to prevent publication of information. The unstable security situation and militia fighting created areas of hostility towards civilians and journalists associated with opposing sides. Additionally journalists practiced self-censorship due to lack of security and intimidation.

Libel/Slander Laws: The penal code criminalized a variety of political speech, including speech considered to “insult constitutional and popular authorities” and “publicly insulting the Libyan Arab people.” It and other laws also provide criminal penalties for defamation and insults to religion. Most reports attributed infringement of free speech to intimidation, harassment, and violence.

National Security: The penal code criminalized speech considered to “tarnish the [country’s] reputation or undermine confidence in it abroad.” In view of the prevalence of self-censorship and the pressure and intimidation of nonstate actors, the government did not resort to its use during the year.

Nongovernmental Impact: The control of Derna, Sirte, and parts of Benghazi by violent extremist organizations restricted freedom of expression. Militias, terrorist and extremist groups, and individual civilians regularly harassed, intimidated, or assaulted journalists. While media coverage focused on the actions of Islamist-affiliated violent extremists, other armed actors also limited freedom of expression.

Reports from NGOs indicated various parties, including civilians, attacked journalists and media outlets, noting that lack of professionalism in the media sector exacerbated violence from those who disagreed with what media reported.

INTERNET FREEDOM

There were no credible reports that the government restricted or disrupted internet access or monitored private online communications without appropriate legal authority during the year. Nor were there credible reports that the government censored online content.

Internet penetration outside urban centers remained low, and frequent electrical outages resulted in limited internet availability in the capital and elsewhere. According to a World Bank study, 19 percent of the population used the internet in 2015.

The government did not exercise effective control over civilian infrastructure for most of the year. Social media, such as YouTube, Facebook, and Twitter, played a critical role in official and unofficial communications. A large number of bloggers, online journalists, and citizens reported practicing self-censorship due to instability, militia intimidation, and the uncertain political situation. Some activists reported finding what appeared to be “kill lists” targeting civilian dissenters on social media websites affiliated with certain Islamist militias.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no reported government restrictions on academic freedom or cultural events. Security conditions in the country, however, restricted the ability to practice academic freedom and made cultural events rare.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The Constitutional Declaration provides for a general right to peaceful assembly; however, the government failed to provide for these rights. The law on guidelines for peaceful demonstrations fails to include relevant assurances and severely restricts the exercise of the right of assembly. The law mandates protesters must inform the government of any planned protest at least 48 hours in advance and provides that the government may notify the organizers that a protest is banned as little as 12 hours before the event.

Absent an effective security and judicial apparatus, the government lacked the ability to provide for freedom of assembly. The government failed to protect protesters and, conversely, to manage protester violence during the year. On May 5, according to the government, the LNA indiscriminately shelled peaceful demonstrators in the al-Kisk square in Benghazi.

FREEDOM OF ASSOCIATION

The Constitutional Declaration includes freedom of association for political and civil society groups. In practice, however, the government could not enforce freedom of association, and the proliferation of targeted attacks on journalists, activists, and religious figures severely undermined freedom of association.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The Constitutional Declaration recognizes freedom of movement, including foreign travel, emigration, and repatriation, although the government has the ability to restrict freedom of movement. The law provides the government with the power to restrict a person’s movement if it views that person as a “threat to public security or stability” based on the person’s “previous actions or affiliation with an official or unofficial apparatus or tool of the former regime.”

The country continued to serve as the primary departure point for migrants crossing the Mediterranean from North Africa, with more than 90 percent of those crossing the Mediterranean irregularly leaving from Libya. As of November 22, more than 168,000 migrants arrived in Italy per UNSMIL, with 4,164 migrants dying at sea. Boats were heavily overloaded, and there was a high risk of being lost or capsizing. For example, on October 5, 28 migrants suffocated on a boat off the Libyan coast that was carrying more than 1,000 migrants.

Abuse of Migrants, Refugees, and Stateless Persons: Some refugees and migrants faced abuse, principally arbitrary detention, but also killings and gender-based violence. Instability in the country and lack of government oversight made human trafficking profitable. Conditions on boats departing for Europe were poor, and human smugglers abandoned many migrants in international waters with insufficient food and water. Migrants reported some human smugglers were Libyan nationals, but officials did little to curb the departures or hold smugglers accountable for crimes against migrants.

In-country Movement: The government did not exercise control over in-country movement, although the LNA established checkpoints targeting extremist movements around Benghazi and Derna.

Militias effectively controlled regional movements through armed checkpoints. Militia checkpoints and those imposed by Da’esh, Ansar al-Sharia, and other extremist organizations impeded movement within the country and, in some areas, prohibited women from moving freely without a male escort.

There were also multiple reports of women who could not depart from western Libyan airports controlled by pro-GNA militias due to a lack of a “male guardian,” which is not a legal requirement in the country.

INTERNALLY DISPLACED PERSONS

In August the IOM estimated there were 348,372 internally displaced persons (IDPs) in the country. Most of the Libyans displaced were from Sirte or Benghazi.

Limited access to towns affected by fighting between rival armed groups hampered efforts to account for and assist the displaced.

Approximately 40,000 members of the Tawarghan community remained displaced, the largest single IDP population. Because Tawargha served as a base for Qadhafi forces during the revolution, Misratan militias attacked the town following the fall of the regime in 2011, compelling all inhabitants, largely descendants of former slaves of sub-Saharan African origins, to leave their homes. During the year UNSMIL, with the help of the EU, sponsored talks between Misratans and Tawarghans to facilitate the return of Tawarghans to their homes. At year’s end there was no resolution on their return to Tawargha.

On January 9, unidentified forces fired at least four rockets at two IDP camps in Benghazi, according to HRW.

IDPs continued to be vulnerable to abuses. The government was unable to promote adequately the safe, voluntary return or resettlement of IDPs. Due to the lack of adequate laws, policies, or government programs, international organizations and NGOs assisted them to the extent possible in view of the security environment.

PROTECTION OF REFUGEES

The IOM estimated that approximately 277,000 migrants and refugees traversed the country throughout the year, with the majority of migrants originating from Niger, Egypt, Chad, Ghana, and Sudan. UNHCR has registered approximately 38,000 refugees and asylum seekers in the country.

During the year UNHCR, the International Committee of the Red Cross, and the IOM provided basic services through local NGO implementing partners to refugees and asylum seekers. Despite safety and security vulnerabilities, humanitarian organizations enjoyed relatively good access, with the exception of Derna and Sirte.

There were reports that hundreds to thousands of sub-Saharan Africans entered the country illegally through the porous southern borders. Treatment of detained migrants depended upon their country of origin and the offense for which authorities held them (authorities held some for having improper documents and others for having committed crimes). Migrants and refugees faced abduction, extortion, violent crime, and other abuses, exacerbated by entrenched racism and xenophobia. Government-affiliated and nongovernment militias regularly held refugees and asylum seekers in detention centers alongside criminals or in separate detention centers under conditions that did not meet international standards.

On July 1, an AI report documented rampant sexual violence, abuse, and exploitation of migrants and refugees by traffickers, and criminal gangs. These human rights abuses occurred at unofficial and official detention centers and at the hands of Libyan coast guard and immigration officers.

Access to Asylum: Libya is not party to the 1951 refugee convention or the 1967 protocol, although the Constitutional Declaration recognizes the right of asylum and forbids forcible repatriation of asylum seekers. The government did not establish a system for providing protection to refugees or asylum seekers. Absent an asylum system, authorities could detain and deport asylum seekers without their having the opportunity to request refugee status. The government allows only seven nationalities to register as refugees with UNHCR: Syrians, Palestinians, Iraqis, Somalis, Sudanese (Darfuris), Ethiopians (Oromo), and Eritreans. The government did not legally recognize asylum seekers without documentation as a class distinct from migrants without residency permits.

Access to Basic Services: Refugees registered with UNHCR can access basic protection and assistance from UNHCR and its partners; however, during the year the government apparatus, whose health and education infrastructure is limited, did not grant refugees universal access to healthcare, education, or other services.

STATELESS PERSONS

By law children derive citizenship only from a citizen father. Citizen mothers alone were unable to transmit citizenship to their children, but there are naturalization provisions for noncitizens. The law permits female nationals to confer nationality to their children in certain circumstances, such as when fathers are unknown, stateless, of unknown nationality, or do not establish filiation.

The Qadhafi regime revoked the citizenship of some inhabitants of the Saharan interior of the country, including many Tebu and some Tuareg, after the regime returned the Aouzou strip to Chad. As a result many nomadic and settled stateless persons lived in the country. Due to the lack of international monitoring, observers could not verify the current number of stateless persons.

Without citizenship stateless persons are unable to obtain legal employment. The government did not take action to alleviate the difficulties of stateless persons.

The temporary Constitutional Declaration provides citizens the ability to change their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot to assure the free expression of the will of the people, and citizens exercised that ability.

Elections and Political Participation

Recent Elections: In June 2014 the High National Elections Commission successfully administered the election of members to the HoR, an interim parliament to replace the GNC, whose mandate expired in February. An estimated 42 percent of registered voters went to the polls to choose 200 members from among 1,714 candidates. International and domestic observers, representatives of the media, and accredited guests mostly commended the performance of the electoral authorities. The Libyan Association for Democracy, the largest national observation umbrella group, cited minor technical issues and inconsistencies but stated polling was generally well organized. Violence and widespread threats to candidates, voters, and electoral officials on election day affected 24 polling centers, most notably in Sabha, Zawiya, Awbari, Sirte, Benghazi, and Derna. Eleven seats remained vacant due to a boycott of candidate registration and voting by the Amazigh community and violence at a number of polling centers that precluded a final vote.

During the year authorities held two municipal council elections, in the Yefran and Amazigha municipalities. As of June the LNA started a trend of replacing elected municipal mayors with military appointees. Ten municipalities in the eastern part of the country were affected as of October.

Political Parties and Political Participation: Political parties proliferated following the revolution, although fractious political infighting among party leaders impeded the government’s progress on legislative and electoral priorities. Amid rising insecurity, public ire fell on certain political parties perceived to contribute to instability. In 2013 under pressure from militias, the government passed a purge or “lustration” law, the Political Isolation Law (PIL), prohibiting those who held certain positions under Qadhafi between 1969 and 2011 from holding government office. Observers widely criticized the law for its overly broad scope and the wide discretion given to the PIL Committee to determine whom to exclude from office.

Multiple members of the government claimed that it abolished the PIL during the year, but it published no legislation to that effect nor was it clear that the HoR had a quorum, which is necessary to pass any legislation.

Participation of Women and Minorities: No laws limited the participation of women and members of minorities in the political process, and women and minorities did participate. The Constitutional Declaration allows for full participation of women and minorities in elections and the political process, but significant social and cultural barriers–in addition to significant security challenges–prevented their proportionate political participation.

The election law provides for representation of women within the HoR; of the 200 seats in parliament, the law reserves 32 for women.

The law provides criminal penalties for corruption by officials. The government did not implement the law effectively, and officials reportedly engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year but, as in 2015, no significant investigations or prosecutions occurred.

The Constitutional Declaration states that the government shall provide for the fair distribution of national wealth among citizens, cities, and regions. The government struggled to decentralize distribution of oil wealth and delivery of services through regional and local governance structures. There were many reports and accusations of government corruption due to lack of transparency in the government’s management of security forces, oil revenues, and the national economy. There were allegations that officials in the interim government submitted fraudulent letters of credit to gain access to government funds.

Corruption: Slow progress in implementing decentralization legislation, particularly with regard to management of natural resources and distribution of government funds, led to accusations of corruption and calls for greater transparency. There were no reports of meetings of or actions taken by the Oil Corruption Committee, formed in 2014 to investigate both financial and administrative means of corruption in the oil industry.

Financial Disclosure: No financial disclosure laws, regulations, or codes of conduct require income and asset disclosure by appointed or elected officials.

Public Access to Information: No laws provide for public access to government information, and there was no available information whether the government granted requests for such access.

While the government did not restrict human rights organizations from operating, it was unable to protect organizations from violence that often specifically targeted activists. Due to the government’s inability to secure control of territory and the absence of an effective security apparatus, human rights organizations struggled to operate.

The United Nations or Other International Bodies: Government policy and practices were generally willing to cooperate with UN bodies, including human rights components of UNSMIL. Nonetheless, the government did not carry out UN-recommended actions to combat militias’ impunity for human rights abuses. There were no prosecutions of revolutionary forces for war crimes during the year, despite official statements that it would not use the law granting amnesty for any “acts made necessary by the 17 February revolution” for the revolution’s “success or protection.”

The government also did not comply with injunctions by the International Criminal Court (ICC) to transfer suspected war criminal Saif al-Islam Qadhafi to ICC jurisdiction for trial. The government claimed that it was unable to obtain custody of Qadhafi from Zintani militia forces; to obtain evidence, in particular from witnesses who had been tortured during detention by militias; or to appoint defense counsel. In 2014 the ICC announced it had referred the country to the UN Security Council for violating an obligation to transfer Saif al-Islam Qadhafi for trial. In July 2015 a Tripoli court sentenced Saif al-Islam to death, but in the summer, authorities reportedly released him from house arrest.

Government Human Rights Bodies: Human rights defenders faced continuing threats and danger. The National Council for Civil Liberties and Human Rights, the UN-recognized national human rights institution, ceased its activity in the country due to intimidation in 2014 after armed men apparently associated with Libya Dawn militia forcibly closed its offices. The council maintained limited international activity with other human rights organizations in Tunis and the UN Human Rights Council. It had a minimal presence in Tripoli. Its ability to advocate for human rights and investigate alleged abuses during the reporting period was unclear.

The former government passed the Transitional Justice Law in 2013 (see section 1.e.), establishing a legal framework to promote civil peace, implement justice, compensate victims, and facilitate national reconciliation. The law further establishes a Fact-Finding and Reconciliation Commission charged with investigating and reporting on alleged human rights abuses, whether suffered under the Qadhafi regime or during the revolution. There was no known activity by the commission during the year.

Women

Rape and Domestic Violence: The law criminalizes rape but does not address spousal rape. There were no known reports of a woman accusing her husband of rape during the year. The Constitutional Declaration prohibits domestic violence, but it did not contain reference to penalties for violence against women.

By law a convicted rapist has the option to avoid a 25-year prison sentence by marrying the survivor, regardless of her wishes–provided her family consents. According to UNSMIL the forced marriage of rape survivors to their perpetrators as a way to avoid criminal proceedings remained rare. In previous years rape survivors who could not meet high evidentiary standards could face charges of adultery.

In early December a pro-GNA militia released a social media post that received widespread attention depicting a Libyan woman being sexually assaulted, allegedly by an anti-GNA militia in Tripoli.

There were no reliable statistics on the extent of domestic violence during the year. A 2013 report from the International Federation of Electoral Systems cited high levels of acceptance and justification of domestic violence in the society. 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. In the past municipalities and local organizations maintained women’s shelters in most major cities, but it was difficult to confirm whether shelters continued to operate or were accessible to victims of domestic violence.

There was no mechanism to monitor violence against women and, in the absence of monitoring, violence, and intimidation against women largely went unreported.

Female Genital Mutilation/Cutting (FGM/C): There were no known reports of FGM/C by international organizations. There was no available information about legislation on FGM/C.

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 militias and extremists, including accusations of “un-Islamic” behavior. Multiple local contacts reported harassment of women attempting to travel alone internationally at airports and in certain militia-controlled areas.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and obtain information to do so, free from discrimination, coercion, and violence. Access to information on reproductive health and contraception, however, was difficult for women to obtain due to social norms surrounding sexuality. Continuing instability decreased available skilled medical personnel because many foreign health workers fled the country, which affected women’s access to maternal health-care services and contraceptive supplies. The World Health Organization (WHO) reported that the large number of IDPs and access restrictions in conflict zones significantly affected the provision of reproductive health services. WHO also reported lack of access to basic comprehensive obstetric care (including emergency obstetric care and family planning) and treatment of sexually transmitted infections. According to current estimates by the UN Population Fund, only 29 percent of women between the ages of 15 and 49 used a modern method of contraception, and 19 percent of women had an unmet need for family planning.

Discrimination: The Constitutional Declaration states citizens are equal under the 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 government did not effectively enforce these declarations.

Women faced social forms of discrimination, which affected their ability to access employment, their presence in the workplace, and their mobility and personal freedom. Although the law prohibits discrimination based on gender, widespread cultural, economic, and societal discrimination against women continued. Sharia 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. Women may seek divorce for a range of reasons under the law, but they often forfeited financial rights in order to obtain a divorce. While the law demands men provide alimony for a fixed duration, according to the individual marriage contract, authorities did not uniformly enforce the law in instances when men failed to provide alimony. Women must obtain government permission to marry noncitizen men and often faced difficulties, including harassment, in attempting to do so while men did not face similar restrictions.

Children

Birth Registration: By law children derive citizenship only from a citizen father. Citizen women alone were unable to transmit citizenship to offspring. The country’s nationality laws do not allow female nationals married to foreign nationals to transmit their nationality to their children. They permit, however, female nationals to transmit their nationality to their children in certain circumstances, such as when fathers are unknown, stateless, of unknown nationality, or do not establish filiation. There are also naturalization provisions for noncitizens.

Education: The conflict disrupted the school year for thousands of students across the country; many schools remained empty due to lack of materials, damage, or security concerns.

Early and Forced Marriage: The minimum age for marriage is 18 years old for both men and women, although judges can provide permission for those under 18 to marry. There were no available statistics on the rate of early and forced marriage during the year.

Female Genital Mutilation/Cutting (FGM/C): See information provided in women’s section above.

Sexual Exploitation of Children: There was no information available on laws prohibiting or penalties for the commercial sexual exploitation of children or prohibiting child pornography. Nor was there any information regarding laws regulating the minimum age of consensual sex.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. For information see the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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 known reports of anti-Semitic acts during the year.

Trafficking in Persons

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

Persons with Disabilities

The 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.

The government did not enact or effectively implement laws and programs to provide access to buildings, information, and communications, but a number of organizations provided services to persons with disabilities. Few public facilities had adequate access for persons with physical disabilities, resulting in restricted access to employment, education, and health care. New sidewalks did not have curb cuts for wheelchair users, and new construction often did not have accessible entrances. There was limited access to information or communications.

National/Racial/Ethnic Minorities

Arabic-speaking Muslims of mixed Arab-Amazigh ancestry are 97 percent of the citizenry. The principal linguistic-based minorities are the Amazigh, Tuareg, and Tebu. These minority groups are predominantly Sunni Muslim but identified with their respective cultural and linguistic heritages rather than with Arab traditions.

The government officially recognizes the Amazigh, Tuareg, and Tebu languages and provides for their teaching in schools. Language remained a point of contention, however, and the extent to which the government enforced this provision was unclear.

Ethnic minorities faced instances of societal discrimination and violence. Racial discrimination existed against dark-skinned citizens, including those of sub-Saharan heritage. Government officials and journalists often distinguished between “loyal” 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.” A number of Tebu and Tuareg communities received substandard or no services from municipalities, lacked national identity numbers (and thus access to employment), and faced widespread social discrimination.

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

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) orientations remained illegal, and official and societal discrimination against LGBTI persons persisted. The penal code punishes consensual same-sex sexual activity by three to five years in prison. The law provides for punishment of both parties.

There was scant 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 was no information on whether there were hate crime laws or other judicial mechanisms to aid in prosecuting bias-motivated crimes against members of the LGBTI community.

Citizens tended to hold negative views of LGBTI persons and stigmatize homosexuality. There were reports of physical violence, harassment, and blackmail based on sexual orientation and gender identity. Militias often policed communities to enforce compliance with militia commanders’ understanding of “Islamic” behavior, and harassed and threatened with impunity individuals believed to have LGBTI orientations and their families.

HIV and AIDS Social Stigma

There was no available information on societal violence toward persons with HIV/AIDS. There were reports the government denied persons with HIV/AIDS permission to marry. There were reports the government segregated detainees suspected of having HIV/AIDS from the rest of the detainee population, often in overcrowded spaces, and they received medical treatment last. In previous years there were reports of societal stigmatization of persons with HIV/AIDS due to an association of the disease with drug use, sex outside marriage, and homosexuality.

a. Freedom of Association and the Right to Collective Bargaining

The law does not provide for the right of workers to form and join independent unions, but it provides for the right of workers to bargain collectively and conduct legal strikes, with significant restrictions. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers for union activity. By law workers in the formal sector are automatically members of the General Trade Union Federation of Workers, although they may elect to withdraw from the union. Only citizens may be union members, and regulations do not permit foreign workers to organize. According to a World Bank study in June 2015, efforts to reform labor legislation remained stalled due to the continuing political conflict.

The absence of an effective central government restricted the ability of the government to enforce applicable labor laws. The requirement that all collective agreements conform to the “national economic interest” restricted collective bargaining. Workers may call strikes only after exhausting all conciliation and arbitration procedures. The government or one of the parties may demand compulsory arbitration, thus severely restricting strikes. The government has the right to set and cut salaries without consulting workers. According to the June 2015 World Bank report, the public sector employed 85 percent of the country’s active labor force.

Employees organized spontaneous strikes, boycotts, and sit-ins in a number of workplaces. No government action prevented or hindered labor strikes, and government payments to leaders of the strike actions customarily ended these actions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government, however, did not fully enforce the applicable laws due to the absence of an effective central government. The resources, inspections, and penalties for violations were insufficient to deter violators. While many foreign workers fled the country due to the continuing conflict, there were reports of foreign workers, especially foreign migrants passing through the country to reach Europe, subjected to conditions indicative of forced labor. According to the IOM, militias and armed groups subjected migrants to forced labor and trafficking in IDP camps and transit centers that they controlled.

Armed groups prevented foreign health-care workers from departing conflict areas such as Benghazi and compelled these workers to perform unpaid work in dangerous conditions.

Private employers sometimes mobilized detained migrants from prisons and detention centers for forced labor on farms or construction sites; when the work was completed or the employers no longer required the migrants’ labor, employers returned them to detention.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than 18 years old from employment except in a form of apprenticeship. It was unclear whether child labor occurred, and no information was available concerning whether the law limits working hours or sets occupational health and safety restrictions for children. The government lacked the capacity to enforce these laws.

d. Discrimination with Respect to Employment and Occupation

The Constitutional Declaration provides for a right of work to every citizen and prohibits any form of discrimination on religion, race, political opinion, language, wealth, kinship, social status, and tribal, regional, or familial loyalty. The law does not prohibit discrimination on age, gender, disability, sexual orientation and/or gender identity, social status, HIV-positive status, or having other communicable diseases. The law does not specifically prohibit discrimination concerning employment or occupation.

The absence of an effective central government also restricted the ability of the government to enforce applicable laws. Discrimination in all the above categories likely occurred.

Women faced discrimination in the workplace. Observers reported that authorities precluded hiring women for positions in the civil service and in specific professions that they occupied previously, such as school administration. They reported continued social pressure on women to leave the workplace, especially in high-profile professions such as journalism and law enforcement. In rural areas societal discrimination restricted women’s freedom of movement, including to local destinations, and impaired their ability to play an active role in the workplace.

e. Acceptable Conditions of Work

The law stipulates a workweek of 40 hours, standard working hours, night shift regulations, dismissal procedures, and training requirements. The law does not specifically prohibit excessive compulsory overtime. The minimum wage was 450 dinars per month ($320 per the official exchange rate).

The law provides occupational health and safety standards, and the law grants workers the right to court hearings regarding violations of these standards. The absence of an effective central government restricted the ability of the government to enforce such health and safety standards.

Certain industries, such as the petroleum sector, attempted to maintain standards set by foreign companies. There was no information available on whether inspections continued during the year.

No accurate recent numbers of foreign workers were available. According to the World Bank, prior to 2011 the number of foreign workers was between 1.5 million and two million. The report estimated that (as of 2012) the informal sector employed 800,000 foreign workers (compared with 430,000 in the formal sector). Many foreign workers, especially in the health sector, departed the country due to the continuing conflict. Although foreign workers reportedly constituted more than 20 percent of the workforce, the labor law applies only to documented foreign workers with work contracts, who were a fraction of the total. While the law requires contracts for the hiring business to sponsor a worker for a visa, such contracts were rare.

The law permits foreign workers to reside in the country only for the duration of their work contracts, and authorities prohibited workers from sending more than half of their earnings to their home countries. Due to restrictions on converting Libyan currency into foreign currencies, it became difficult for foreign workers to send even half of their earnings to home countries.

Employers reportedly subjected foreign workers to coercive practices, such as changes in conditions of work and contracts, and such workers often had little choice other than to accept the changes or leave the country due to the lack of legal protections or avenues for remediation. Workers were not able to remove themselves from situations that endangered their health or safety without jeopardy to their employment.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings (see section 1.g.).

According to MINUSMA, for example, government forces in April or May summarily executed three individuals arrested on terrorism-related charges. The international nongovernmental organization (NGO) Human Rights Watch documented the killing of 10 detainees in the central part of the country during the year.

Armed groups who signed the peace accord and violent extremist groups committed numerous arbitrary killings related to internal conflict. Approximately 165 persons, including several civilians, were killed during clashes between the CMA and GATIA from July through September. GATIA reportedly received equipment and logistical support from the government during this period. Terrorist elements, including AQIM affiliates, launched frequent attacks, killing civilians as well as national and international security force members.

Attacks by bandits and extremist Islamist groups increasingly expanded from the traditional conflict zone in the north to the Mopti and Segou regions. These attacks targeted government and international security force members.

Chadian members of MINUSMA allegedly killed civilians. In May Chadian soldiers attached to MINUSMA reportedly arrested several civilians after a May 18 attack by Ansar al-Dine. One of the arrested men, a herder, died in Chadian custody.

There was limited progress in the prosecution of suspects, including coup leader Sanogo, in the forced disappearance, torture, and killing of 21 Red Berets, including former junta member Colonel Youssouf Traore, following a mutiny in 2013. The case was initially brought to trial in December. Following a defense objection to the admissibility of DNA evidence, however, the trial was suspended until 2017 pending new DNA analysis.

b. Disappearance

There were several reports of disappearances.

Human rights observers were unable to verify the whereabouts of dozens of prisoners purportedly detained in connection with the northern conflict due to possible unreported deaths in custody, alleged surreptitious releases, and suspected clandestine transfer of prisoners to the government’s intelligence service, the General Directorate of State Security (DGSE). Human rights organizations estimated the DGSE held 60 unacknowledged detainees.

There was limited progress in the prosecution of the suspects, including coup leader Sanogo, for the forced disappearance, torture, and killing of 21 Red Berets, including former junta member Colonel Youssouf Traore, following a mutiny in 2013 (see section 1.a.).

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

The constitution and law prohibit such practices, but there were reports that soldiers employed them against individuals with suspected links to extremist groups including Ansar al-Dine, al-Murabitoun, and the Macina Liberation Front (see section 1.g.). There were reports that Islamist groups perpetrated sexual violence.

According to MINUSMA, government forces tortured eight detainees and subjected seven to abuse between March and September.

Human Rights Watch noted allegations of torture by military forces, particularly against members of the Fulani ethnic group in the central part of the country. In one incident military personnel arrested 11 local Fulani following attacks in the Mopti Region during the first half of the year. According to human rights observers, three of the 11 died during detention at the Nampala military base, and others showed signs of torture. No charges were brought by year’s end against the soldiers reportedly responsible.

The case against a soldier who allegedly raped a 13-year-old girl in August 2014 remained open. The military released the suspect in September 2014 and, at year’s end, had not responded to requests by the civilian prosecutor to produce the suspect for trial. Despite the military’s lack of cooperation, the prosecutor continued to pursue the case.

There was limited progress in investigations into the disappearance, torture, and killing of 21 Red Berets in 2012 (see section 1.a.).

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to overcrowding and inadequate sanitary conditions and medical care.

Physical Conditions: As of September 8, the Bamako Central Prison held 1,445 prisoners in a facility designed to hold 400. Detention conditions were better in women’s prisons than in those for men. Authorities held pretrial detainees with convicted prisoners. Authorities detained persons arrested on charges related to terrorism in the high-security division of Bamako Central Prison and in Koulikoro. Authorities may hold arrested individuals for up to 72 hours in police stations, where there were no separate holding areas for men, women, or children.

During the year 27 prisoners and detainees died. The National Commission for Human Rights (CNDH), an independent entity within the Ministry of Justice, attributed the deaths to unhealthy prison conditions. Approximately half of the 27 died from heart attacks; the remainder died from malaria, HIV/AIDS, and dehydration.

Inadequate security mechanisms and a general lack of resources prevented authorities from maintaining control of prisons.

Prison food, when provided, was insufficient in both quality and quantity, and medical facilities were inadequate. Lack of sanitation continued to pose the most significant threat to prisoners’ health. Buckets served as toilets. Not all prisons had access to potable water. Ventilation, lighting, and temperature were comparable with many poor urban homes.

Administration: Prison recordkeeping was inadequate, and authorities took no action during the year to improve it. Authorities did not use alternative sentencing for nonviolent offenders.

There were no prison ombudsmen. Authorities, however, permitted prisoners and detainees to submit complaints, either directly or through the Office of the Ombudsman of the Republic, to judicial authorities without censorship to request investigation of credible allegations of inhuman conditions. Although prisoners made verbal complaints during CNDH prison inspections, prisoners filed no formal complaints due to illiteracy, lack of knowledge regarding complaint mechanisms, skepticism regarding the utility of making such complaints, and fear of retaliation. The CNDH, charged with visiting prisons and ensuring humane conditions, visited prisoners in Bamako Central Prison within one week of request. The CNDH did not regularly visit prisons outside of Bamako, and its last visit to a military detention center occurred in 2012. The government’s Directorate for National Penitentiary Administration investigated and monitored prison and detention center conditions. Detainees had reasonable access to visitors and could observe their religious practices.

Independent Monitoring: The government permitted visits by human rights monitors, and human rights organizations conducted visits during the year. The government required NGOs and other monitors to submit a request to the prison director, who then forwarded it to the Ministry of Justice. The Malian Association for Human Rights visited prisons in Kati, Bamako, and other locations outside the north. Human rights observers with MINUSMA and the International Committee of the Red Cross (ICRC) regularly visited the centers holding CMA and Platform members. ICRC officials also visited prisons in Bamako, Sikasso, Koulikoro, Gao, and Timbuktu.

d. Arbitrary Arrest or Detention

The constitution and law generally prohibit arbitrary arrest and detention. Nevertheless, government security forces and Platform and CMA forces detained and arrested numerous individuals in connection with the ongoing northern conflict, particularly in the wake of clashes in Kidal and terrorist attacks in the Timbuktu, Mopti, and Segou regions (see section 1.g.).

ROLE OF THE POLICE AND SECURITY APPARATUS

Security forces include the National Police, the Malian Armed Forces (FAMA), the National Gendarmerie, National Guard, National Police, and the DGSE. FAMA, the National Gendarmerie, and the National Guard are administratively under the Ministry of Defense, although operational control of the National Guard and National Gendarmerie is shared with the Ministry of Internal Security and Civil Protection. Police officers have responsibility for law enforcement and maintaining order in urban areas, while gendarmes have that responsibility in rural areas. The army occasionally performed domestic security operations in northern areas where police and gendarmes were absent. The National Guard has specialized border security units, which were largely ineffective. The responsibilities of the Ministry of Internal Security and Civil Protection include maintaining order during exceptional circumstances, such as national disasters or riots. The DGSE has authority to investigate any case and temporarily detain persons at the discretion of its director general. It usually did so only in terrorism and national security cases.

The National Police lacked resources and training. Corruption was a problem, and traffic police officers frequently arrested and released drivers in exchange for bribes.

MINUSMA’s mandate includes ensuring security, protecting civilians, assisting the reestablishment of government authority, and the rebuilding of the security sector. The mission worked to expand its presence, including through longer-range patrols, in northern regions beyond key population centers, notably in areas where civilians were at risk. MINUSMA’s mandate also includes providing specific protection for women and children affected by armed conflict and addressing the needs of victims of sexual and gender-based violence in armed conflict. MINUSMA’s role extended to anticipating, preventing, mitigating, and resolving issues related to the northern conflict by monitoring violence, assisting in investigations, and reporting to the UN Security Council on abuses or violations of human rights or international humanitarian law committed in the country.

The French military counterterrorism operation Barkhane continued. The operation had a regional focus, undertaking counterterrorism activities in Mali, Chad, Burkina Faso, Mauritania, and Niger. Approximately 1,000 soldiers conducted counterterrorism operations in collaboration with FAMA in northern Mali.

Civilian authorities failed at times to maintain effective control over the security forces. Particularly in the north, there were many reports of impunity involving the security forces during the year. Mechanisms to investigate and punish abuse and corruption by security forces generally were not effective.

A commission of inquiry established in 2014 by the Ministry of Defense investigated security force killings to determine whether they constituted violations of the military code of justice or of criminal law. The commission referred cases involving human rights abuse to the prosecutor general for criminal trial. By year’s end, however, the commission had completed no investigations into alleged human rights abuses committed by soldiers redeployed to the north.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires judicial warrants for arrest. The law requires police officers to charge suspects or release them within 48 hours. While police usually secured warrants based on sufficient evidence and a duly authorized official issued the warrant, this did not always occur. The law provides for the transfer of detainees from police stations to the prosecutor’s office within 72 hours of arrest, but authorities sometimes held detainees longer in police stations. Authorities may grant detainees, who have limited rights of bail, conditional liberty, particularly for minor crimes and civil matters. Authorities occasionally released defendants on their own recognizance.

Detainees have the right to a lawyer of their choice or a state-provided lawyer if indigent. Nevertheless, a shortage of lawyers–particularly outside Bamako and Mopti–often prevented access to legal representation.

Arbitrary Arrest: Human rights organizations reported widespread allegations of arbitrary arrest and detention. In many cases gendarmes detained suspects on DGSE orders and then transferred them for questioning to the DGSE, which generally held suspects for hours or days. The transfer process itself, however, sometimes took more than a week, during which time security services did not inform detainees of the charges against them. Authorities did not provide released detainees transport back to the location of their arrest, a trip that often required several days of travel. These detentions often occurred in the wake of attacks by bandits or terrorists and targeted members of the ethnic group suspected of carrying out the raids.

In the wake of July 19 attacks in Nampala near the Mauritanian border, the DGSE detained several Fulani individuals. Critics claimed the government had no evidence to support the charges and that authorities detained the individuals simply because they were Fulani.

On May 4, Bamako’s Court of Appeals tried Lieutenant Mohamed Ouattara–a paratrooper arrested in 2014 along with Amara Sylla, Souleymane Sangare, Dramane Traore, and Thierry Diarra–for allegedly planning to threaten the president’s safety. The court sentenced Mohamed Ouattara and Amara Sylla to five years’ imprisonment, acquitted Dramane Traore, and sentenced Souleymane Sangare to life in prison. Diarra still awaited trial at year’s end.

Pretrial Detention: The law provides for trial for charged detainees within three months for misdemeanors and within one year for felonies, but lengthy pretrial detention was a problem. Judicial inefficiency, the large number of detainees, corruption, and staff shortages contributed to the problem. Individuals sometimes remained in prison for several years before their cases came to trial. Approximately 70 percent of inmates awaited trial.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law allows detainees to challenge the legal basis or arbitrary nature of their detention in court. They were promptly released if they win the challenge, but the law does not provide for compensation.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but the executive branch continued to exert influence over the judicial system. Corruption and limited resources affected the fairness of trials. Bribery and influence peddling were widespread in the courts, according to domestic human rights groups.

There were problems enforcing court orders. Sometimes judges were absent from their assigned areas for months at a time. Village chiefs and justices of the peace appointed by the government decided the majority of disputes in rural areas. Justices of the peace had investigative, prosecutorial, and judicial functions. These traditional systems did not provide the same rights as civil and criminal courts.

TRIAL PROCEDURES

The constitution provides for the right to a fair trial, and the judiciary generally enforced this right. Nevertheless, proceedings often were delayed, and some defendants waited years for their trials to begin. The law presumes defendants are innocent and have the right to prompt and detailed information on the charges against them, with free interpretation as necessary from the moment charged through all appeals. Except in the case of minors and sensitive family cases, trials generally were public.

Defendants have the right to communicate with an attorney of their choice (or to have one provided at public expense in felony cases and those involving minors). When a court declares a defendant indigent, it provides an attorney at public expense and the court waives all fees. Administrative backlogs and an insufficient number of lawyers, particularly in rural areas, often prevented prompt access. Defendants and their attorneys have the right to adequate time and facilities to prepare a defense, access government-held evidence, confront witnesses, and present one’s own witnesses and evidence. The government generally respected these rights. Defendants may not be compelled to testify against themselves or confess guilt and may appeal decisions to the Appellate Court and the Supreme Court. The law extends these rights to all citizens.

POLITICAL PRISONERS AND DETAINEES

As of September 29, authorities had detained 474 persons in connection with the conflict in the northern and central parts of the country. Some of those detained were believed to be political prisoners. The government typically detained conflict-related prisoners in higher-security facilities within prisons and provided them the same protection as other prisoners. International human rights and humanitarian organizations had access to most of these centers, but not to detainees held in facilities operated by the DGSE.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals and organizations may seek civil remedies for human rights violations. They may appeal their cases to the Economic Community of West African States’ Court of Justice and the African Court on Human and Peoples’ Rights. In cases of traditional slavery, there were reports that civil court orders were sometimes difficult to enforce.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

The military, formerly separatist forces including the MNLA, HCUA, and MAA; northern militias that shared interests with the government including GATIA; and extremist organizations including AQIM, the Macina Liberation Front, and al-Murabitoun committed serious human rights abuses in the northern and central parts of the country. These included arbitrary killings, abuse, and disappearances. Most military abuses targeted Fulani, Tuareg, and Arab individuals and were in reprisal for attacks attributed to armed groups associated with those ethnicities. Jihadist groups, the CMA alliance of the MNLA, HCUA, and MAA, and militias in the Platform, such as GATIA, held hostages and used child soldiers.

Government and French troops targeted terrorist organizations–including AQIM, Ansar al-Dine, and al-Murabitoun–that were not party to the peace talks or resulting accord, although they maintained links to armed groups participating in the peace process.

Ethnic Fulani (also known as Peulh) in the central Mopti and Segou regions reported abuse by government forces. According to Human Rights Watch, on January 8, soldiers allegedly executed two Fulani men taken into custody near Karena. Human Rights Watch also documented 20 cases of torture or severe mistreatment of detainees during the year. Most military abuses that targeted Fulani, Tuareg, and Arab persons were in reprisal for attacks attributed to armed groups associated with those ethnicities.

Attacks by armed groups that signed the 2015 accord were sporadic and localized for much of the year. In February and March, battles between different tribal groups in the Menaka area included attacks that targeted civilians. The most serious fighting occurred in July, in the Kidal Region, between CMA and Platform forces and resulted in the deaths of 165 persons, including civilians.

Terrorist groups continued their activities in the north and central parts of the country. In September the International Criminal Court convicted and sentenced Ahmad al-Faqi al-Mahdi to nine years’ imprisonment; al-Mahdi was a member of Ansar al Dine who pleaded guilty to war crimes relating to the intentional destruction of religious and historic buildings in Timbuktu in 2012. Impunity for serious crimes committed in the north continued, however, including for crimes carried out by terrorist groups.

The government lacked sufficient resources to pursue and investigate cases in the north. Security conditions also inhibited judicial investigations in the north. In its December 2015 report, the CNDH criticized prisoner exchange agreements that resulted in the release of suspected perpetrators of human rights violations.

Killings: The military, ex-rebel groups, northern militias whose interests aligned with the government, and terrorist organizations killed persons throughout the country, but primarily in the northern and central regions.

Unidentified individuals or groups were responsible for many attacks. On August 7, unidentified armed individuals targeted and killed a family member of the mayor of Karena.

Intercommunal violence related to disputes over transhumance (seasonal migration) and cattle grazing occurred between Dogon, Bambara, and Fulani in the Mopti Region, Bambara and Fulani in the Segou region, and between various Tuareg and Arab groups in the regions of Gao, Timbuktu, and Kidal (see section 6).

Numerous attacks on MINUSMA peacekeepers resulted in deaths and injuries. On February 12, seven Guinean peacekeepers died as a result of an attack on their camp in Kidal. Ansar al-Dine claimed responsibility for the attack, which injured 30 other peacekeepers. On May 19, five Chadian soldiers attached to MINUSMA died and three were wounded when their convoy vehicle struck an improvised explosive device (IED) in Kidal Region. On May 29, five Togolese MINUSMA peacekeepers were killed during an attack in Sevare. August attacks against MINUSMA soldiers in the Kidal Region killed one Chadian soldier and injured six others.

Abductions: On January 7, AQIM forces kidnapped a Swiss missionary in Timbuktu; she remained in captivity at year’s end.

In May the UN Children’s Fund (UNICEF) took custody of two children who had been apprehended along with their father by Chadian MINUSMA forces in Kidal Region. The children appeared to have been beaten.

Following July 21-22 fighting in Kidal, CMA forces captured five civilians and GATIA forces captured four. Numerous reprisal attacks against civilians occurred in the two months after the fighting.

On September 2, unidentified gunmen kidnapped the deputy mayor of Boni; he remained in captivity at year’s end.

Child Soldiers: In 2013 the government and the United Nations signed a protocol agreement to protect children associated with armed conflict. The protocol established a procedure to transfer such children to an interim care center operated by UNICEF. At year’s end the interim care center remained open and hosted one former child soldier, while authorities reportedly had reunited the other detained children with their families.

With the support of MINUSMA, in 2013 MAA and MNLA leaders signed an agreement prohibiting the recruitment of children and allowing MINUSMA to screen their troops in September 2014. No subsequent official screenings occurred, and MINUSMA continued to observe children in the ranks of the CMA, the umbrella organization that includes the MAA and MNLA.

According to MINUSMA, between January and May, GATIA recruited 29 children.

Most children recruited were boys, but reports indicated girls might also have been recruited and later forced to serve as sex slaves.

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

Other Conflict-related Abuse: Attacks on international organizations and peacekeepers occurred.

In April members of Ansar al-Dine kidnapped four ICRC workers north of the city of Kidal in retaliation for the arrests of several terrorism suspects by members of Barkhane, the French military counterterrorism operation. The ICRC workers were released the day after Barkhane freed the terror suspects.

On April 29, unidentified assailants attacked a Danish Refugee Council convoy between Dorey and N’Tillit, injuring three humanitarian workers.

Since 2013, when MINUSMA’s mission began, more than 100 MINUSMA personnel have been killed.

A July UN Mine Action Service report noted 279 IED incidents since July 2013, resulting in 119 deaths and 453 persons injured. The report noted 69 IED incidents during the first six months of the year, resulting in 40 deaths and 90 persons injured.

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press, but the government occasionally restricted those rights.

Freedom of Speech and Expression: In March, Ousmane Diarra, a writer and librarian at the French Institute in Bamako, claimed he was threatened for making comments on Islamic extremism and the politicization of Islam. The threats reportedly were made by telephone, through intermediaries, and on the street.

Press and Media Freedoms: A 2000 press law imposes fines and prison sentences for defamation. It also criminalizes offenses such as undermining state security, demoralizing the armed forces, offending the head of state, sedition, and consorting with the enemy.

In January a journalist working in Djenne, Mopti Region, reported receiving death threats via text messages from an unknown sender due to his radio presentation on reducing the risk of Islamic radicalization among youth.

The government continued investigating radio host Mohamed Youssouf Bathily, known as Ras Bath, for “demoralizing the armed forces” and other charges. Bathily’s supporters claimed the charges were politically motivated.

Two French journalists complained government security forces targeted them, including by firing tear gas directly at them, while they covered August 17 protests against the arrest of Ras Bath.

Violence and Harassment: In March a radio presenter in Mopti Region claimed he was beaten by two unidentified gunmen, who accused him of encouraging his audience to denounce jihadist activities during his talk show. The gunmen reportedly threatened to kill the announcer if he continued to talk about Islamist activities in Mopti Region.

Journalists had difficulty obtaining military information deemed sensitive by the government and often were unable to gain access to northern locations.

Financial considerations also skewed press coverage. Most media outlets had limited resources. Journalists’ salaries were extremely low, and many outlets could not pay the transportation costs for their journalists to attend media events. Journalists often asked event organizers to pay their transportation costs, and the terms “transportation money” and “per diem” became euphemisms for a pay-for-coverage system, with better-financed organizations often receiving better press coverage.

INTERNET FREEDOM

The government restricted access to the internet on August 17, when authorities blocked social networks, including Facebook and Twitter, after violent protests occurred following the arrest of popular radio host Ras Bath. The government restored access to the sites August 20.

There were no credible reports the government monitored private online communications without appropriate legal authority. There were numerous internet cafes in Bamako, but home internet access remained limited due to the expense. Outside Bamako access to the internet was very limited. According to the International Telecommunication Union, approximately 8 percent of residents had access to the internet at home in 2015.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom and cultural events.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The constitution and law provide for freedom of assembly, but the government did not always respect this right. For example, on July 12, three protestors in Gao were killed and approximately 30 injured when national police fired into a crowd protesting the installation of interim authorities in the city.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, although the law prohibits associations deemed immoral. The government generally respected freedom of association except for members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing humanitarian assistance, including some protection services, to internally displaced persons (IDPs), refugees, asylum seekers, and other persons of concern.

In-country Movement: While in-country movement was not formally restricted, the army established checkpoints to maintain security, and the unstable security situation limited freedom of movement. The populations of Gao, Kidal, Timbuktu, and parts of Mopti feared leaving the cities for security reasons, including the threat from roadside bombs (see section 1.g.). Conditions at the beginning of the year encouraged some refugees and IDPs to return to their homes in the north, but subsequent incidents of insecurity slowed the rate of returns. The government facilitated travel to the north for IDPs who lacked the means to pay for their travel.

Police routinely stopped and checked citizens and foreigners to restrict the movement of contraband and verify vehicle registrations. The number of police checkpoints on roads entering Bamako and inside the city increased after a rise in extremist attacks across the country. Journalists often complained that the government, citing security concerns, did not allow them to move freely in the north during military operations.

INTERNALLY DISPLACED PERSONS

The Commission on Population Movement, led by the International Organization for Migration, estimated the country had 39,182 IDPs as of July 31, a 37-percent decline from the previous year. Fighting in late July in Kidal, however, led to reports of as many as several thousand Tuareg IDPs, who left Kidal on instruction of GATIA forces. Humanitarian access in the northern regions generally improved following the June 2015 signing of the Peace Accord, although insecurity related to terrorism and banditry remained a challenge in much of the country.

The Ministry of Internal Security and Civil Protection registered IDPs, and the government provided them assistance. IDPs generally lived with relatives, friends, or in rented accommodations. Most IDPs resided in urban areas and had access to food, water, and other forms of assistance. As many as half of all displaced families lacked official identity documents needed to facilitate access to public services, including schools for children, although identification was not required for humanitarian assistance. Aid groups provided humanitarian assistance to IDPs residing in the south and north as access permitted.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. A national committee in charge of refugees operated with assistance from UNHCR. A 2012 tripartite agreement between Mali, Cote d’Ivoire, and UNHCR allows for repatriation of the estimated 1,040 Ivoirian refugees and 69 Ivoirian asylum seekers remaining in Mali. According to UNHCR, as of March 31, there were 13,539 registered refugees residing in the country, the majority of whom were Afro-Mauritanian refugees expelled from Mauritania in 1989 and their children. At a meeting between UNHCR and ministers from the Economic Community of West African States, the government committed itself to assisting all Mauritanian refugees who wished to integrate locally with a declaration of intention to facilitate their naturalization. In March 2015 the government issued birth certificates to nearly 8,000 refugee children born in the country as part of its commitment to facilitate local integration for Afro-Mauritanian refugees, allowing them to access public services, sign employment contracts, buy and sell land, set up companies, and borrow from banks.

Temporary Protection: The government’s Office of International Migration is responsible for providing temporary protection to individuals who may not qualify as refugees. The National Commission for Refugees adjudicates refugee or asylum claims and provides temporary protection pending a decision on whether to grant asylum.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, and citizens exercised that right.

Elections and Political Participation

Recent Elections: In 2013 President Ibrahim Boubacar Keita won the presidential election, deemed free and fair by international observers. Legislative elections also occurred in 2013, and independent domestic and international observers characterized them as credible and transparent. In the areas where they were conducted, communal elections held on November 20 were largely considered free and fair. Security concerns in some northern and central parts of the country prevented the holding of communal elections in 58 of the country’s 703 communes.

Participation of Women and Minorities: There are no laws limiting the participation of women in the political process, and women participated. Cultural factors, however, limited women’s political participation. A law passed in November 2015 requires that at least 30 percent of the slots on party election lists be reserved for female candidates and that 30 percent of high-level government appointees be women. The law was not fully implemented by year’s end. Female candidates met the 30-percent threshold for the November 20 communal elections, but not all candidate lists contained at least 30 percent female candidates. There were only 14 women in the 147-member National Assembly and seven women in the 34-seat cabinet led by Prime Minister Modibo Keita. There were four women on the 33-member Supreme Court and two women on the nine-member Constitutional Court.

The National Assembly had at least 16 members from historically marginalized pastoralist and nomadic ethnic minorities representing the eastern and northern regions of Gao, Timbuktu, and Kidal. The prime minister’s cabinet included pastoral and nomadic ethnic minority members.

Four members of the National Assembly were members of northern armed groups, including two Tuaregs from Kidal associated with the HCUA, one Tuareg from Kidal associated with GATIA, and one member from Gao associated with the MAA. National Assembly members previously allied with Ansar al-Dine ended their association with the group following the French intervention in 2013.

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: Corruption in all sectors of the administration was widespread. Authorities did not hold police accountable for corruption. Officials, police, and gendarmes frequently extorted bribes. There were reports of uniformed police or individuals dressed as police directing stopped motorists to drive to dark and isolated locations where they robbed the victims.

During the year an anticorruption agency initiated an investigation into charges that Chief Executive Officer (CEO) Martin Pierre Dakono, Deputy CEO Hamidou Coulibaly, and accountant Moussa dit Almamy Sofara of the Mutual Savings and Loan of Education and Culture mismanaged up to 1.4 billion CFA francs ($2.4 million) from the worker’s pension fund.

Financial Disclosure: The constitution requires the president, prime minister, and other cabinet members to submit annually a financial statement and written declaration of their net worth to the Supreme Court. The Court of Accounts, a section within the Supreme Court, is responsible for monitoring and verifying financial disclosures. There are no sanctions for noncompliance. The Court of Accounts requires officials to identify all assets and liabilities when they start and complete their terms and provide yearly updates throughout their tenure. Officials are not required to submit disclosures for their spouses or children. The agency responsible for receiving financial disclosures was not operational by year’s end, and few officials had filed. In 2014 President Keita submitted his annual financial statement and written declaration of net worth to the Supreme Court, although he filed no subsequent financial updates. Although the constitution calls for financial filings to be public, this did not occur.

Public Access to Information: The law provides for public access to government information, and the government generally granted such access to citizens and noncitizens, including foreign media. Journalists, however, had difficulty accessing information on military procurement, contracts, or operations deemed sensitive by the government. The national budget was available to the public upon request. If authorities refused requests for information, persons could appeal to an administrative court, which must respond within three months. The government generally respected these rules, although officials sometimes requested bribes to provide requested information. The government may refuse a request by citing national security.

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

Government Human Rights Bodies: The CNDH is an independent institution funded by the Ministry of Justice. The government continued to provide the commission with a headquarters and small staff. Other human rights organizations criticized the CNDH as ineffective and lacking autonomy. They stated the Ministry of Justice had too much control over the CNDH budget and the commission’s large membership, which included several state representatives, impaired its ability to produce honest critiques of the government.

The commission of inquiry established by the National Assembly in 2014 to investigate violence between the government and armed groups in Kidal had not released a report on its findings by year’s end.

The Ministry of Defense established at least three commissions of inquiry in 2014 to investigate forced disappearances perpetrated by the military in 2012. None of the commissions had released any public reports by year’s end.

The Truth, Justice, and Reconciliation Commission, created in 2015 to accept evidence, hold hearings, and recommend transitional justice measures for crimes and human rights violations stemming from the 2012 crisis, had not initiated any investigations by year’s end.

Women

Rape and Domestic Violence: The law criminalizes rape and provides a penalty 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 fear of retaliation. No law specifically prohibits spousal rape, but law enforcement officials stated criminal laws against rape apply to spousal rape. Police and judicial authorities were willing to pursue rape cases but stopped if parties reached an agreement prior to trial. Information on convictions was not available.

Domestic violence against women, including spousal abuse, was prevalent. Most cases went unreported. Spousal abuse is a crime, but the law does not specifically prohibit domestic violence. Assault is punishable by prison terms of one to five years and fines of up to 500,000 CFA francs ($850) or, if premeditated, up to 10 years’ imprisonment. Police were reluctant to intervene in cases of domestic violence. Many women were reluctant to file complaints against their husbands because they feared husbands would interpret such allegations as grounds for divorce, were unable to support themselves financially, sought to avoid social stigma, or feared retaliation or further ostracism. The governmental Planning and Statistics Unit, established to track prosecutions, did not produce reliable statistics.

Many NGOs operating shelters for abused female domestic laborers faced difficulties due to the absence of support from their usual foreign partners.

Female Genital Mutilation/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 the ages of six months and nine years. The most recent comprehensive FGM/C survey, conducted by UNICEF in 2010, indicated 89 percent of girls and women between ages 15 and 49 were excised, and 74 percent of girls and women in the same age group had at least one daughter who was excised. Government information campaigns regarding the dangers of FGM/C reached citizens throughout the country, 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: Women’s ability to make decisions regarding reproduction was limited, and many lacked information on sexual and reproductive health. Women faced pressure to defer to their husbands and family on reproductive matters, including the number, spacing, and timing of pregnancies. Women often did not have access to contraception and skilled attendance during childbirth, including essential obstetric and postpartum care. According to the 2013 Demographic and Health Survey (DHS), the most recent comprehensive survey on the subject, 10 percent of women used a modern method of contraception, and the unmet need for family planning was estimated at 26 percent. According to the DHS, in 2013 the maternal mortality ratio was 368 deaths per 100,000 live births, and a woman’s lifetime risk of maternal death was one in 26. Major factors contributing to maternal mortality included lack of access to skilled medical practitioners, lack of family support for pregnant women seeking to visit health centers, and unsafe abortions. Many women and girls gave birth at home with only family members or traditional birth attendants who lack clinical background present. The 2013 DHS indicated skilled health personnel attended 55 percent of births.

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. Women had very limited access to legal services due to their lack of education and information as well as the prohibitive cost.

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.

Women experienced economic discrimination due to social norms that favored men, and their access to education and employment was limited (see section 7.d.).

The Ministry for the Promotion of Women, the Family, and Children is responsible for ensuring the legal rights of women.

Children

Birth Registration: Citizenship is derived from either parent or by birth within the country.

The government did not register all births immediately, particularly in rural areas. According to UNICEF the government registered 81 percent of births in 2014. 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 new birth certificates assigned was unknown. Several local NGOs worked with foreign partners during the year to register children at birth and to educate parents about the benefits of registration. In March 2015 the government approved the issuance of birth certificates for 7,807 children born in the country to Afro-Mauritanian refugees as part of the government’s commitment to facilitate their local integration.

Education: The constitution provides for tuition-free universal education, and the law provides for compulsory schooling from ages seven through 16. 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 and instructional materials, and lack of school feeding programs. Girls’ enrollment was lower than that of boys at all levels due to poverty, cultural preference to educate boys, early marriage of girls, and sexual harassment of girls.

The conflict resulted in the closure of schools in the regions of Gao, Kidal, Timbuktu, Mopti, and Segou, and many schools were damaged or destroyed because rebels sometimes used them as bases of operations. The 2015-16 school year showed progress in these regions; 296 schools were closed as of May 31, a decrease from 454 at the same point in 2015, according to data from the UN Office for the Coordination of Humanitarian Affairs. The number of schools closed in Mopti Region, however, increased from 67 to 111 between May 2015 and May.

Child Abuse: Comprehensive government statistics on child abuse did not exist, but the problem was widespread. Citizens typically did not report child abuse, according to UNICEF. 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.

Early and Forced Marriage: The minimum age to marry without parental consent is 16 for girls and 18 for boys. A 15-year-old girl may marry with parental consent if a civil judge approves. Authorities did not effectively enforce the law, particularly in rural areas, and underage marriage was a problem throughout the country. According to 2010 data from the UN Population Fund, 55 percent of women between ages 20 and 24 were married by age 18.

In some regions of the country, girls married as young as 10. It was common practice for a 14-year-old girl to marry a man twice her age. According to local human rights organizations, judicial officials frequently accepted false birth certificates or other documents claiming girls below age 15 were old enough to marry. NGOs implemented awareness campaigns aimed at abating child marriage.

Female Genital Mutilation/Cutting (FGM/C): See information for girls under 18 in the women’s section above.

Sexual Exploitation of Children: The law prohibits the sexual exploitation of children, including prostitution. Penalties for the sexual exploitation of both adults and children are six months to three years in prison and a fine of between 20,000 and one million CFA francs ($34 and $1,700). Penalties for convicted child traffickers are five to 20 years in prison. Penalties for 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. The Division for Protection of Children and Morals of the National Police conducted sweeps of brothels to assure that individuals in prostitution were of legal age and arrested brothel owners found to be holding underage girls.

Child Soldiers: See section 1.g.

Infanticide or Infanticide of Children with Disabilities: Some prostitutes and domestic workers practiced infanticide, mainly due to lack of access to and knowledge about contraception. Authorities prosecuted at least two infanticide cases during the year.

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

Anti-Semitism

There were fewer than 50 Jews, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution and law do not specifically protect the rights of persons with physical, sensory, intellectual, or mental disabilities in employment, education, air travel and other transportation, access to health care, the judicial system, or in the provision of other 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, and few resources were available. Many such individuals relied on begging.

Persons with mental disabilities faced social stigmatization and confinement in public institutions. When an investigative judge believed a criminal suspect had mental disabilities, the judge referred the individual to a doctor for mental evaluation. Based on the recommendation of the doctor, who sometimes lacked training in psychology, the court then either sent the suspect to a mental institution in Bamako or proceeded 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, that provided basic services. Although the government was responsible for eight schools countrywide for deaf persons, it provided almost no support or resources.

National/Racial/Ethnic Minorities

Societal discrimination continued against black Tuaregs, often referred to as “Bellah.” Some Tuareg groups deprived black Tuaregs of basic civil liberties due to traditional slavery-like practices and hereditary servitude relationships.

There were continued reports of slave masters kidnapping the children of their Bellah slaves, who had no legal recourse. Slave masters 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 throughout the country to convince communities to abandon the practice of keeping slaves. The government has taken no action to establish punishment for practicing slavery.

Intercommunal violence led to frequent clashes between members of the Fulani ethnic group and, separately, members of the Bambara and Dogon communities. Self-defense groups representing these communities were reportedly involved in attacks.

For example, on May 6, in Malemana, Segou Region, attacks by Bambara and Fulani resulted in at least 26 deaths. In August reprisal clashes between Bambara farmers and Fulani herders in Kareri, Segou Region, resulted in seven deaths. A delegation from the Ministries of Solidarity and Humanitarian Action, National Reconciliation, and Territorial Administration visited the area to encourage dialogue and reconciliation.

According to MINUSMA, conflict in May between Fulani and Bambara communities in the Mopti and Segou regions displaced approximately 800 Fulani civilians.

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

The law prohibits association “for an immoral purpose.” There are no laws specifically prohibiting discrimination based on sexual orientation or gender identity. There were no known LGBTI organizations in the country, although some NGOs had medical and support programs focusing specifically on men having sex with men. The law prohibits lesbians and gay men from adopting children.

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 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.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS occurred. The government implemented campaigns to increase awareness of the condition and reduce discrimination against persons with HIV/AIDS.

Other Societal Violence or Discrimination

Mob violence was a problem. For example, in April a mob destroyed the city of Kidal’s only airport during a protest against the presence of international forces in the city. The attackers reportedly were angered by French arrests of persons accused of terrorism.

Discrimination continued against albinos. Muslim religious leaders known as marabouts perpetuated the widespread belief that albinos contained special powers that others could extract by bringing a marabout the blood or head of an albino. The albino rights organization run by prominent Malian singer Salif Keita noted that men often divorced their wives for giving birth to an albino. The lack of understanding of albinism contributed to albinos’ lack of access to sunblock, without which they were highly susceptible to skin cancer.

a. Freedom of Association and the Right to Collective Bargaining

All workers–except members of the armed forces, certain civil servants, and public employees such as judges and officials–have the right to form and join independent unions, bargain collectively, and conduct strikes. There are restrictions imposed on the exercise of these rights. The law provides that workers must be employed in the same profession before they may form a union. A worker may remain a member of a trade union only for a year after leaving the relevant function or profession. Members responsible for the administration or management of a union must reside in the country and be free of any convictions that could suspend their right to vote in national elections. The government may deny trade union registration on arbitrary or ambiguous grounds.

The minister of labor has the sole authority to decide which union is representative for sectorial collective bargaining and to approve sectorial collective agreements. Employers have the discretionary right to refuse to bargain with representative trade unions. The law allows all types of strikes and prohibits retribution against strikers. For strike action to be lawful, the parties to a dispute must exhaust the mandatory conciliation and arbitration procedures set out in the labor code. Regulations require civil servants and workers in state-owned enterprises to give two weeks’ notice of a planned strike and to enter into mediation and negotiations with the employer and a third party, usually the Ministry of Labor and Public Service. The law does not allow workers in “essential services” sectors to strike, and the minister of labor can order compulsory arbitration for such workers. The law defines “essential services” as being services whose interruption would endanger the lives, personal safety, or health of persons, affect the normal operation of the national economy, or affect a vital industrial sector. For example, the law requires striking police to maintain a minimum presence in headquarters and on the street. The government, however, has not identified a list of essential services. Participation in an illegal strike is punishable by harsh penalties, including dismissal and loss of other rights except wages and leave.

The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. The government did not effectively enforce relevant laws. Penalties for violating antiunion discrimination provisions were not sufficient to deter violations. The Ministry of Labor did not have adequate resources to conduct inspections or perform mediation. Administrative and judicial procedures were subject to lengthy delays and appeals.

Authorities did not consistently respect freedom of association and the right to collective bargaining, although workers generally exercised these rights. The government did not always respect unions’ right to conduct their activities without interference. Although unions and worker organizations were independent of the government and political parties, they were closely aligned with various political parties or coalitions. The Ministry of Mines intervened to facilitate negotiations between labor and management over the closure of the Loulo gold mine. Officials have not renegotiated some collective agreements since 1956.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but forced labor occurred. The law prohibits the contractual use of persons without their consent, and penalties include a fine and 10 years’ imprisonment with compulsory hard labor. Penalties increase to 20 years’ imprisonment if a person under age 15 is involved. Penalties were seldom enforced and therefore were not sufficient to deter violations. According to NGOs, the judiciary was reluctant to act in forced labor cases. The government made little effort during the year to prevent or eliminate forced labor, although it did allocate initial funding to its antitrafficking action plan. Following a 2014 national conference on the artisanal mining sector, the government established a commission that met twice monthly to develop measures to more effectively combat violations in the sector, including forced labor.

Most adult forced labor occurred in the agricultural sector, especially rice production, and in gold mining, domestic services, and in other sectors of the informal economy. Forced child labor occurred in the same sectors. Corrupt religious teachers forced boys into begging and other types of forced labor or service (see section 7.c.).

The salt mines of Taoudeni in the north subjected men and boys, primarily of Songhai ethnicity, to a longstanding practice of debt bondage. Employers subjected many black Tuaregs to forced labor and hereditary servitude, particularly in the eastern and northern regions of Gao, Timbuktu, and Kidal (see section 6).

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

c. Prohibition of Child Labor and Minimum Age for Employment

While the labor code sets the minimum age for employment at 14 with certain exceptions, a law pertaining to child protection sets the minimum employment age at 15. The law, however, permits children between ages 12 and 14 to engage in domestic or light seasonal work and limits the number of hours they may work. No child may work more than eight hours per day under any circumstance. Although the government’s Hazardous Occupations List prohibits certain activities by children under age 18, the law permits children ages 16 or 17 to perform certain hazardous activities, as long as they receive adequate specific instruction or vocational training in the relevant field of activity. The law conflicts with the protections provided in the Hazardous Occupations List, leaving the possibility for children to work in hazardous activities. Girls between ages 16 and 18 may not work more than six hours per day. The law applies to all children, including those who work in the informal economy and those who are self-employed.

Responsibility for enforcing child labor laws is shared between the Ministry for the Promotion of Children and Women through the National Committee to Monitor the Fight against Child Labor, the Ministry of Justice through different courts, the Ministry of Security through the Morals and Children’s Brigade of the National Police, the National Social Security Institute through its health service, and the Ministry of Labor through the Labor Inspectorate. Interagency coordinating mechanisms were ineffective, inefficient, and cumbersome. Authorities often ignored child labor laws or did not effectively enforce applicable laws. Resources, inspections, and remediation were not adequate, and the penalties for violations were not sufficient to deter violations.

Child labor, particularly in its worst forms, was a serious problem. Child labor was concentrated in the agricultural sector, especially rice and cotton production, domestic services and other sectors of the informal economy, gold mining, and forced begging organized by Quranic schools.

Approximately half of children between ages seven and 14 were economically active, and employers subjected more than 40 percent of them to the worst forms of child labor. Many were engaged in hazardous activities in agriculture. Child trafficking occurred. Employers used children, especially girls, for forced domestic labor. Employers forced Black Tuareg children to work as domestic and agricultural laborers.

Child labor in artisanal gold mining was a serious problem. According to the International Trade Union Confederation, at least 20,000 children worked under extremely harsh and hazardous conditions in artisanal gold mines. Many children also worked with mercury, a toxic substance used in separating gold from its ore. Following a summit on artisanal mining in 2014, the government launched a commission that met twice a month to develop measures to improve conditions in the sector and to mitigate violations, such as child labor.

An unknown number of primary school-age children throughout the country, mostly under age 10, attended part-time Quranic schools funded by students and their parents. Only the Quran was taught in these schools. As part of their work requirement, Quranic masters (marabouts) often required their students, known as “garibouts” or “talibes,” to beg for money on the streets or work as laborers in the agricultural sector.

The Ministry of Labor and Public Service conducted few surprise or complaint-based inspections in the formal sector. Insufficient personnel, low salaries, and lack of other resources hampered enforcement in the informal sector. Prosecutors in Bamako had several pending investigations of potential abuse charges against marabouts who used children solely for economic purposes.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, gender, religion, political opinion, nationality, or ethnicity, but not that based on age, disability, language, sexual orientation, gender identity, social status, HIV-positive status, or having other communicable diseases. The government’s Labor Inspection Agency is responsible for investigating and preventing discrimination based on race, gender, religion, political opinion, nationality, or ethnicity, but the law was not effectively enforced. Penalties were insufficient to deter violations. Discrimination in employment and occupation occurred with respect to gender, sexual orientation, disability, and ethnicity (see section 6). The government was the major formal sector employer and ostensibly paid women the same as men for similar work, but differences in job descriptions permitted pay inequality. There were cases where employers from southern ethnic groups discriminated against individuals from northern ethnic groups.

e. Acceptable Conditions of Work

The minimum wage is 28,465 CFA francs ($48) per month, but it did not apply to workers in the informal and subsistence sectors, which included the majority of workers. The government supplemented the minimum wage with a required package of benefits, including social security and health care. In January the government increased the salaries of public sector workers after coming to an agreement with the largest national workers’ union, UNTM. In August banks and insurance companies also increased their employees’ salaries.

The legal workweek is 40 hours, except for the agricultural sector, where the legal workweek ranges from 42 to 48 hours, depending on the season. The law requires a weekly 24-hour rest period, and employers must pay workers overtime for additional hours. The law limits overtime to eight hours per week. The law applies to all workers, including migrants and domestics, but it was routinely ignored in the informal sector.

The law provides for a broad range of occupational safety and health standards in the workplace. Workers have the right to remove themselves from work situations that endanger health or safety without jeopardy to their employment and to request an investigation by the Social Security Department, which is responsible for recommending remedial action where deemed necessary. Authorities, however, did not effectively protect employees in these situations. With high unemployment, workers often were reluctant to report violations of occupational safety regulations.

The Ministry of Labor and Public Service did not effectively enforce these standards, and the approximately 60 inspectors it employed lacked the resources to conduct field investigations. Many employers did not comply with regulations regarding wages, hours, and social security benefits. The ministry did not conduct any inspections in the three northern regions, where the government has suspended services since the 2012 occupation of those regions by terrorist organizations. Penalties were insufficient to deter violations, and no government agencies provided information on violations or penalties. Labor inspectors made unannounced visits and inspections to work sites only after labor unions filed complaints.

Working conditions varied, but the worst conditions were in the private sector. In small, family-based agricultural endeavors, children worked for little or no remuneration. Employers paid some domestic workers as little as 7,500 CFA francs ($13) per month. Violations of overtime laws were common for children working in cities and those working in artisanal gold mines or rice and cotton fields. Labor organizations reported employers used cyanide and mercury in gold mines, posing a public health risk to workers exposed to them. Inspectors lacked the resources to assemble credible data on dangerous workplaces.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports the government and its agents committed arbitrary or unlawful killings in relation to the civil war (see section 1.g.).

The government continued its use of helicopters and airplanes to conduct aerial bombardment and shelling. In the first half of the year, government forces reportedly indiscriminately dropped more than six thousand barrel bombs, killing large numbers of civilians.

The Syrian Network for Human Rights (SNHR) reported the government killed 6,924 civilians from January through November. Nongovernment forces, including both extremist groups such as Da’esh and nonextremist rebel groups, also committed arbitrary or unlawful killings, with the SNHR reporting that Da’esh was responsible for 1,397 civilian deaths. The SNHR also reported that during the same period, Russian forces killed 2,844 civilians in support of government operations (see section 1.g.). The SNHR reported that armed opposition groups killed 900 civilians.

b. Disappearance

The UN Commission of Inquiry on Syria (COI) reported the number of forced disappearances remained high. The majority of disappearances reported by activists, human rights observers, and international NGOs appeared to be politically motivated. In August the SNHR attributed 96 percent of the estimated 75,000 forced disappearances to the government. The government reportedly targeted critics, specifically journalists, medical personnel, antigovernment protesters, their families, and associates. The COI reported that government forces continued to engage in mass arrests of wounded persons attempting to leave besieged areas at checkpoints and in areas that fell under their control. Following the surrender of towns such as Darayaa and Moadimiyah after years of siege and starvation tactics, the government evacuated residents by buses escorted by the Syrian Arab Red Crescent (SARC). The government gave civilians the choice of relocating nearby, but the government required opposition fighters to take personal weapons and relocate to Idlib governorate. The government reportedly arrested men of fighting age, especially Sunni, perceived to be associated with opposition groups. The COI noted that the families of disappeared persons often feared to approach authorities to inquire about the whereabouts of their relatives; those who did so had to pay large bribes to learn the whereabouts of relatives or faced systematic refusal by authorities to disclose information about the fate of disappeared individuals. The COI reported that the large number of missing men contributed to a sharp rise in female-headed households and increased the number of female IDPs and refugees.

AI reported that the government provided no further information on the thousands of individuals who had disappeared since the start of the conflict or the 17,000 persons who had disappeared since the 1970s. Human rights groups’ estimates of the total number of disappearances since 2011 varied widely, but all estimates pointed to disappearances as a pervasive and common practice. AI estimated that authorities forcibly had abducted more than 65,000 persons since the start of the conflict, including 58,000 civilians and seven thousand members of armed groups. The SNHR likewise reported that it possessed a list of more than 117,000 detainees from 2011 to the end of November. A number of prominent political prisoners remained missing (see section 1.e.). The SNHR reported that government forces and pro-government militias were responsible for 5,228 cases of arbitrary arrest of men, women, and children from January through November.

Nongovernment armed extremist groups conducted kidnappings, particularly in the northern areas, targeting religious leaders, aid workers, suspected government affiliates, journalists, and activists. According to the COI, reports of enforced disappearances in territory held by Da’esh, particularly the cities of Raqqa and Aleppo, also increased.

These groups also abducted individuals (see section 1.g.).

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

The law prohibits torture and other cruel, inhuman, or degrading treatment or punishment, and the penal code provides up to three years’ imprisonment for violations. Activists, the COI, and local NGOs reported thousands of credible cases of government authorities engaging in frequent torture to punish perceived opponents, including during interrogations. Observers reported most cases of torture or mistreatment occurred in detention centers operated by each of the government’s security service branches. Human Rights Watch (HRW) and the COI reported regular use of detention and torture of government opponents at checkpoints and facilities run by the air force, Political Security Division, General Security Directorate, and Military Intelligence Directorate. They identified specific detention facilities where torture occurred, including the Mezzeh airport detention facility, Military Security Branches 215, 227, 235, 248, and 291, Adra and Sednaya prisons, the Harasta Air Force Intelligence Branch, Harasta Military Hospital, Mezzeh Military Hospital 601, and Tishreen Military Hospital. The COI also reported the Counterterrorism Court (CTC) and field military courts’ reliance on forced confessions and information acquired through torture to obtain convictions. A large number of torture victims reportedly died in custody; the SNHR reported that 12,679 individuals died due to torture between early 2011 and May; 99 percent of these cases occurred in government facilities between May 2011 and June (see section 1.a.).

Activists cited thousands of credible cases of security forces abusing and torturing prisoners and detainees and maintained that many instances of abuse went unreported. Some declined to allow reporting of their names or details of their cases due to fear of government reprisal.

In 2013 a defector from the government, a former military police photographer known as “Caesar,” smuggled out thousands of photographs from inside government detention centers dating from 2011 to 2013. According to a December 2015 HRW report, a review and forensic analysis by HRW of 28,707 of the photographs identified at least 6,786 deceased detainees–including children–showing signs of torture and severe malnourishment. The COI asserted the methods of torture and the conditions of detention, as evidenced in the photographs in Military Hospital No. 601 in Damascus, supported the commission’s longstanding findings of systematic torture and deaths of detainees.

The COI noted that during the year torture methods remained consistent. These included beatings on the head, bodies, and soles of feet (“falaqua”) with wooden and metal sticks, hoses, cables, belts, whips, and wires. Authorities also reportedly sexually assaulted detainees; administered electric shocks, including to their genitals; burned detainees with cigarettes; and placed them in stress positions for prolonged periods of time. A substantial number of male detainees reported being handcuffed and then suspended from the ceiling or a wall by their wrists for hours.

Other reported methods of physical torture included removing nails and hair, stabbings, and cutting off body parts, including ears and genitals. Numerous human rights organizations reported other forms of torture, including forcing objects into the rectum and vagina, hyperextending the spine, and putting the victim onto the frame of a wheel and whipping exposed body parts. Additionally, officers reportedly continued the practice of “shabeh,” in which they stripped detainees naked, hung them for prolonged periods from the ceiling, and administered electrical shocks. In August, AI and the Human Rights Data Analysis Group published a detailed account of 12,270 documented killings in Sednaya Prison that included detailed depictions of “welcome party” beatings, “security check” rapes, and drawings of various configurations of physical torture. Detainees emphasized that authorities not only beat them during interrogations but that prison guards also beat them in their cells.

Medical professionals reported witnessing persons burned alive in government detention facilities. State authorities reportedly issued fabricated death certificates with the apparent intent of disguising the cause and location of death and of preventing any official record of the use of torture. Numerous NGOs asserted that the practice of returning corpses to family members to announce their deaths continued, and corpses exhibited signs of torture.

The use of psychological torture by the government also reportedly increased. One commonly reported practice was detention of victims overnight in cells with corpses of previous victims. The SNHR reported that psychological torture methods included forcing prisoners to witness the rape of other prisoners, threatening the rape of family members (in particular female family members), forcing prisoners to undress, and insulting prisoners’ beliefs.

Various NGOs, including HRW, AI, and the SNHR, continued to report widespread instances of rape and sexual abuse, including of minors. The COI reported receiving reports of interrogators raping and sexually abusing male detainees held in Branch 285 of the General Directorate of Intelligence in Damascus. The COI also reported that government personnel raped and used other forms of sexual violence against women in detention facilities as well as at checkpoints. A COI report noted that authorities subjected prisoners to threats of sexual violence against their female relatives while in custody.

Reports from multiple UN and NGO sources indicated the number of cases of rape and other extreme sexual violence against women during the year ranged from the high hundreds to thousands. According to the COI, the government and affiliated militias systematically perpetrated rape and other inhuman attacks against civilian populations in Deir al-Zour, Dara’a, Hama, Damascus, and Tartus governorates. Detention centers were the most common location for abuse. In several interviews with the COI, former female prisoners reported being forced to perform oral sex on interrogators and witnessing the rape of other inmates. In AI’s report on Sednaya Prison, both female and male prisoners reported guards and interrogators raped them as part of “security checks” or in conjunction with other physical torture. Attacks also occurred during military raids and at checkpoints. These cases of mostly government-sponsored violence included instances in which multiple attackers, usually soldiers and shabiha, reportedly gang-raped women in their homes, sometimes in front of family members. Such incidents reportedly took place in private homes or in situations of formal and informal custody. The COI also reported rape of and sexual assault on men and boys.

There were widespread reports government security forces engaged in abuse and inhuman treatment of prisoners. According to the COI, most were civilians initially held at checkpoints or taken prisoner during military incursions. While the majority of accounts concerned male detainees, there were increased reports of female detainees suffering abuse in government custody. The frequency, duration, and severity of the reported abuse suggested victims’ sustained long-term psychological and physical damage.

The COI reported that, beginning in 2011 and continuing through the year, security forces subjected detainees to mistreatment in military hospitals, often obstructing medical care or exacerbating existing injuries as a technique in abuse and interrogation. There were multiple reports of deaths in custody at the Mezzeh airport detention facility, Military Security Branches 215 and 235, and Sednaya Prison. Authorities consistently directed families of detainees seeking information to the Qaboun Military Police and Tishreen Military Hospital. In most cases authorities reportedly did not return the bodies of deceased detainees to their families. In January authorities confirmed the death of a paramedic, Amer Safaf, in Sednaya Prison with his body showing signs of torture after government forces arrested him in 2012.

There continued to be a significant number of reports of exceptionally brutal cases of abuse of children by the government. The COI noted regular reports of detention and torture of children under the age of 13, in some cases as young as 11, in government detention facilities. Officials reportedly targeted and tortured children because of their familial relations, or assumed relationships, with political dissidents, members of the armed opposition, and activist groups. The UN special representative for children and armed conflict reported that child detainees, largely boys, including those as young as 14, suffered similar or identical methods of torture practiced on adults, including electric shocks, beatings, stress positions, threats, and acts of sexual assault. According to reliable witnesses, authorities continued to hold a number of children to compel parents and other relatives associated with opposition fighters to surrender to authorities.

Although authorities held fewer women and girls in detention than men, the SNHR estimated the number of female detainees in government prisons between the beginning of the uprising in 2011 and April to be more than seven thousand. The SNHR estimated that 2,850 women remained in prison.

In 2015 the Women’s International League for Peace and Freedom reported that authorities often detained women for use in bargaining with their male family members. Authorities exchanged them for weapons of armed opposition groups. Security officers also subjected women to sexual exploitation while searching for their detained family members.

Nongovernment forces, including both extremist groups such as Da’esh and nonextremist rebel groups, also engaged in physical abuse, punishment, and torture of individuals (see section 1.g.).

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and in many instances were life threatening. The government prohibited independent monitoring of prison or detention center conditions. Reports of mistreatment and abuse of prisoners were common. The COI reported that observers most often cited detention centers and prisons as locations for sexual violence and that authorities used the threat of rape as a tool to coerce confessions.

Physical Conditions: In June the SNHR reported that since 2011 it had documented the arrest of more than 117,000 individuals and estimated that authorities had detained more than 215,000 persons; the SNHR attributed 99 percent of those detentions to the government. According to HRW, released detainees consistently reported abuse and torture in detention facilities and prison conditions that often led to deaths in custody. According to the COI, government detention facilities lacked food, water, space, hygiene, and medical care. Poor conditions were so consistent that the COI concluded they reflected state policy.

According to local and international NGOs, the government held prisoners and detainees in severely cramped quarters with little or no access to toilets, hygiene, medical supplies, or adequate food. In a report from HRW in December 2015, detainees told HRW researchers that authorities used small cells measuring 21.5 square feet and intended for solitary confinement to house several prisoners. Due to the extremely crowded nature of these cells, detainees could only stand and had to take turns sleeping.

In August the COI reported that conditions in detention facilities, and specifically those run by intelligence agencies, remained abysmal. Former detainees reported lice infestations, untreated wounds, and a general lack of such basic necessities as food, water, space, hygiene, and medical care.

Reports from multiple international NGO sources suggested that there were also many informal detention sites and that authorities held thousands of prisoners in converted military bases and in civilian infrastructure, such as schools and stadiums, and in unknown locations. Activists asserted the government also housed arrested protesters in factories and vacant warehouses that were overcrowded and lacked adequate sanitary facilities. Authorities imprisoned female detainees in squalid, insect-infested cells and subjected them to torture and inhuman treatment. Medical care, if available at all, was inadequate and did not address women’s medical and physiological needs.

Prior to the 2011 protests, the government usually held pretrial detainees separately from convicted prisoners. During the year, authorities commonly held juveniles, adults, pretrial detainees, and convicted prisoners together in inadequate spaces during the year. The COI reported that authorities held children as young as eight years old in prison with adults.

In some cases authorities transferred detainees from unofficial holding areas to intelligence services facilities. Detention conditions at security and intelligence service facilities continued to be the harshest, especially for political or national security prisoners. Facilities lacked proper ventilation, lighting, access to potable water or adequate food, medical staff and equipment, and sufficient sleeping quarters. According to the COI, most former detainees reported inadequate food, with some losing half their body weight while detained.

Inside prisons and detention centers, the prevalence of death from disease remained high due to unsanitary conditions and withholding medical care and medication. Local NGOs and medical professionals reported that authorities denied medical care to prisoners with pre-existing health needs, such as diabetes, asthma, and breast cancer, and denied pregnant women any medical care. Authorities retaliated against prisoners who requested attention for the sick. Released prisoners commonly reported sickness and injury resulting from such conditions. Information on conditions and care for prisoners with disabilities was unavailable.

In March inmates in Hama prison rioted in protest of inhuman treatment, torture, and killings during imprisonment. Reports from domestic human rights activists and media showed that government forces fired tear gas and positioned snipers around the prison during the revolt. In August human rights activists reported fighting between prisoners and guards in Sweida prison south of Damascus. Reports indicated that the government stormed the prison shortly thereafter, firing tear gas, severely injuring a number of prisoners, and killing at least two.

According to the COI, conditions in detention centers run by nonstate actors such as Da’esh violated international law. Detainees in Raqqa governorate reported that Da’esh held them in crowded, insect-infested cells with neither light nor bedding. Da’esh reportedly denied prisoners access to adequate food or legal counsel and prevented communication outside the facility. Da’esh appropriated former government prison facilities for its use, such as those in al-Bab and Jarablus in Aleppo governorate.

Conditions in detention centers operated by various opposition groups were not well known, but the COI and local NGOs reported accounts of arbitrary detention, torture, inhuman treatment, and abuse.

Administration: The government made no serious attempts to improve recordkeeping. There were no credible mechanisms or avenues for prisoners to complain or submit grievances, and authorities routinely failed to investigate allegations or document complaints or grievances. Activists reported there was no ombudsman to serve on behalf of prisoners and detainees. The law provides for prompt access to family members, but NGOs and families reported inconsistent application of the law, with some families waiting as long as one year to see relatives. The government continued to detain thousands of prisoners without charge and incommunicado in unknown locations.

In areas where government control was weak or nonexistent, localized corrections structures emerged. There were varied reports of control and oversight, and both civilian and religious leaders were in charge of facility administration. Former police forces or members of armed opposition groups operated facilities in areas under the control of opposition forces. Nonstate actors often did not understand due process and lacked sufficient training to run facilities.

Independent Monitoring: The government prohibited most independent monitoring of prison or detention center conditions, and diplomatic and consular officials had no greater access than in previous years. Some opposition forces invited the COI to visit localized facilities they administered and allowed some international human rights groups, including HRW, to visit. The International Committee of the Red Cross/Red Crescent continued to negotiate with all parties, except Da’esh, to gain access to detention centers across but was unable to gain access to any government-controlled facilities during the year.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, although a 2011 decree allows the government to detain suspects for up to 60 days without charge if suspected of “terrorism” and other related offenses. Arbitrary arrests increased according to local news sources, and several human rights organizations reported detentions in the tens of thousands. In February the COI published a report entitled “Out of Sight, Out of Mind: Deaths in Detention in the Syrian Arab Republic.” The report said that “since March 2011, a countrywide pattern emerged in which civilians, mainly males above the age of 15, were arbitrarily arrested and detained by the Syrian security and armed forces or by militia acting on behalf of the government during mass arrests, house searches, at checkpoints, and in hospitals. Arrests targeted civilians perceived to be either supporting the opposition or insufficiently loyal to the government.”

HRW reported the government continued to use the counterterrorism law to arrest and convict nonviolent activists on charges of aiding terrorists in trials that violated basic due process rights. Although authorities reportedly brought charges under the guise of countering violent militancy, allegations included peaceful acts such as distributing humanitarian aid, participating in protests, and documenting human rights abuses.

National security forces failed to respond to or protect large regions of the country from violence. AI reported that armed groups detained suspected government supporters, local activists, foreign journalists, aid workers, and others. The COI also reported that nonstate armed groups, including Ahrar al-Sham and Jabhat al-Nusra, took hostages, especially women and children, to force prisoner exchanges with the government or other armed groups or for ransom (see section 1.g.). Observers suspected Jabhat al-Nusra of holding foreign hostages. According to some reports, the Democratic Union Party (PYD) arbitrarily detained 36 Kurdish opposition figures in areas they controlled. Multiple reports accused the PYD or PYD-aligned forces of targeting Assyrian Christians and Yezidis for compulsory military service, seizing their assets and homes, and forcibly removing them from their land.

ROLE OF THE POLICE AND SECURITY APPARATUS

The government’s multiple security branches traditionally operated autonomously with no defined boundaries between their areas of jurisdiction. Military Intelligence and Air Force Intelligence reported to the Ministry of Defense, the Political Security Directorate reported to the Ministry of Interior, and the General Intelligence Directorate reported directly to the Office of the President. The Interior Ministry controlled the four separate divisions of police forces: emergency police, traffic police, neighborhood police, and riot police.

Government-affiliated shabiha forces reorganized and in 2013 rebranded themselves as the National Defense Forces (NDF). These groups engaged in armed conflict and arrested, detained, and tortured those suspected of supporting the opposition. The NDF integrated with government-affiliated forces. There also were other progovernment militias outside the NDF.

Impunity continued to be a widespread problem. The General Command of the Army and Armed Forces could issue arrest warrants for crimes committed by military officers, members of the internal security forces, or customs police during their normal duties; military courts must try such cases. There were no known prosecutions or convictions of police and security force personnel for abuse or corruption; however, security forces operated independently and generally outside the control of the legal system. There were no reported government actions to reform the security forces or police.

Opposition forces established irregularly constituted courts and detention facilities in areas under their control, which varied greatly in organization and adherence to judicial norms. Some groups upheld the penal code, others followed a 1996 draft Arab League Unified Penal Code based on sharia (Islamic law), while others implemented a mix of customary law and sharia. The experience, expertise, and credentialing of opposition judges and religious scholars also varied widely, and dominant armed militias in the area often subjected them to their orders.

Da’esh claimed that it based administration of justice in the territory it controlled on religious law. Da’esh purportedly authorized its police forces, known as “hisbah,” to administer summary punishment for violations of Da’esh’s morality code. Men faced beatings for smoking, possessing alcohol, listening to music, trading during prayer times, and not fasting during Ramadan. Da’esh punished others for accompanying “improperly dressed” female relatives.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law generally requires a warrant for arrest in criminal cases, but police often cited emergency or national security justifications for acting without a warrant, permitted under the law. Police usually brought arrested individuals to a police station for processing and detention until a trial date was set. The law stipulates that the length of time authorities may hold a person without charge is limited to 60 days, but according to various NGOs, activists, and former detainees, police held many individuals for longer periods or indefinitely. Civil and criminal defendants have the right to bail hearings and possible release from detention on their own recognizance. The legal system inconsistently applied this right, particularly with pretrial detainees. At the initial court hearing, which can be months or years after the arrest, the accused may retain an attorney at personal expense or the court may appoint an attorney, although authorities did not assure lawyers access to their clients before trial. According to local human rights organizations, denial of access to a lawyer was common.

In cases involving political or national security offenses, authorities reportedly often made arrests in secret with cases assigned in an apparently arbitrary manner to military, security, or criminal courts. The government reportedly detained suspects incommunicado for prolonged periods without charge or trial and denied them the right to a judicial determination of their pretrial detention. In most cases authorities reportedly did not inform detainees of charges against them until their arraignment, often months after their arrest. Security detainees did not have access to lawyers before or during questioning or throughout preparation and presentation of their defense. The number of suspects accused of political and national security offenses reportedly increased compared with previous years.

The government often reputedly failed to notify foreign governments when it arrested, detained, released, or deported their citizens, especially when the case involved political charges. The government also failed to provide consular access to foreign citizens known to be in its prisons and, on numerous occasions, claimed these individuals were not in their custody or even in the country.

Arbitrary Arrest: Security forces continued their previous practices and reportedly increased arbitrary arrests, but detainees had no legal redress. Reports continued of security services arresting relatives of wanted persons to pressure individuals to surrender. Police rarely issued or presented warrants or court orders before an arrest. According to reports, the security branches secretly ordered many arrests and detentions. Activists and international humanitarian organizations stated that government forces continued to conduct security raids in response to antigovernment protests throughout urban areas. In areas under government control, security forces engaged in arbitrary arrests. The SNHR reported that government forces launched widespread arrest and raid campaigns in January to force military recruitment on young men. The COI reported that authorities arbitrarily arrested men and boys over the age of 12 at some checkpoints. Often authorities cited no reason for arresting civilians.

Checkpoints operated by the government were another commonly reported location for arbitrary arrests, sometimes resulting in transfer to a long-term detention facility or disappearance. Government military and security forces reportedly arrested men at checkpoints solely for being of military age. According to the COI, there continued to be frequent accounts of enforced disappearances following arrest at checkpoints.

Multiple reports from local and international NGOs stated that the government prevented the majority of those detained from contacting their relatives or obtaining a lawyer. When authorities occasionally released detainees, it was often without any formal judicial procedures. Hundreds of detainees interviewed by human rights groups stated that they had been arrested, detained, questioned, and released after months of detention without seeing a judge or being sentenced.

The SNHR reported that Da’esh also kidnapped many individuals in areas under its control. It also alleged that PYD-affiliated Kurdish forces arrested Arab civilians, activists, and politicians and took them to unknown destinations.

Pretrial Detention: Lengthy pretrial detention remained a serious problem. Authorities reportedly held many detainees incommunicado for years before bringing them to trial. A shortage of available courts and lack of legal provisions for speedy trial or plea bargaining also contributed to lengthy pretrial detentions. There were numerous reported instances when the length of detention exceeded the sentence for the crime. Percentages for prison/detainee population held in pretrial detention and the length of time held were not available during the year.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Not all detainees have the ability to challenge the lawfulness of their detention before a court or obtain prompt release and compensation if found to have been unlawfully detained.

Amnesty: In February the government offered a general amnesty to any military deserters willing to surrender in 30 days after the law took effect, if they were still in the country. The law granted anyone outside the country 60 days to return to the country and surrender. The March Cessation of Hostilities statement called for the United Nations to form a committee to monitor the release of detainees periodically; however, there was no progress made on release of detainees during the year.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, but authorities regularly subjected courts to political influence, and outcomes of cases with political context appeared predetermined.

TRIAL PROCEDURES

The law presumes defendants innocent. Defendants have the right to prompt, detailed notification of the charges against them with interpretation as necessary, although authorities did not verifiably enforce this right, and a number of detainees’ families mentioned that the accused were unaware of the charges facing them. Trials are public, except for those involving juveniles or sexual offenses. The law entitles defendants before civil and criminal courts to representation of their choice; the courts appoint lawyers for indigents. Defendants and their attorneys nominally have access to government-held evidence relevant to their cases. It was unknown if attorneys had adequate time and facilities to prepare a defense. Human rights lawyers noted, however, that in some politically charged cases, the government provided prosecution case files to defense lawyers that did not include any evidence. Defendants can present evidence and confront their accusers. Defendants cannot legally be compelled to testify or confess guilt, but family members and NGOs reported that torture or intimidation from judges and prosecutors sometimes elicited false confessions. Convicted persons could appeal verdicts to a provincial appeals court and ultimately to the Court of Cassation.

Not all citizens enjoyed these rights equally, in part because interpretations of religious law provide the basis for elements of family and criminal law and discriminate against women. Some personal status laws applied sharia law regardless of the religion of those involved. Additionally, news media and NGO reports suggested the government denied some, and in certain cases all, of these protections to those accused of political crimes or violence against the government. Sentences for persons accused of antigovernment activity tended to be harsh, with violent offenders and nonviolent offenders receiving similar punishments. The Violations Documentation Center (VDC) reported that the number of cases referred to the CTC exceeded 80,000 by April, two and a one-half years after it began accepting cases. According to the SNHR, the majority of those tried received five- to 20-year prison sentences. The government did not permit defendants before the CTC to have legal representation, although activists reported individuals charged under the counterterrorism law could retain attorneys to move their trial date.

In opposition-controlled areas, legal or trial procedures varied by locale. Local human rights organizations reported that local governing structures assumed these responsibilities. HRW reported that civilians administered these processes employing customary sharia laws in some cases and national laws in others. Sentencing by opposition sharia councils sometimes resulted in public executions, without an appeals process or visits by family members.

According to local NGOs, opposition-run sharia councils continued to discriminate against women, not allowing them to serve as judges or lawyers or to visit detainees.

The Aleppo Sharia Commission, associated with some armed opposition forces, operated a court system with courts on civil, criminal, military, and civilian affairs. These courts reportedly followed the Unified Arab League draft code rather than the country’s legal code. In Dara’a opposition forces formed the House of Justice in 2014, building on the Unified Judicial Sharia Commission, formerly known as the Gharz Court, and making judgements on criminal activities, commercial transactions, and civil affairs.

The Supreme Sharia Court in northern rural Homs was the main coordinator for civilian issues in the area. This court was reportedly the most powerful governing body in the area and responsible for most major local decisions. The Supreme Sharia Court unified the sharia courts in Ar-Rastan, Talbiseh, and Houla. It consists of judicial experts, lawyers, and judges who regulate civil disputes. The court oversees implementation of its orders with a police force composed of local armed opposition group members, to include Jaish Tawheed, Faylaq Homs, and Ahrar al-Sham as well as local volunteers. While the court had representation from Jabhat al-Nusra, the group did not exercise significant influence over the court’s decisions.

The Majles al-Shura (Consultative Council) was formed in late 2015. It includes prominent family members, notables, and influential persons in the towns of Ar-Rastan and Talbiseh. It is primarily concerned with the long-term logistical planning (such as the local ban on wheat trading with the government) and local truce negotiations with the government. The authority of the Majles varied across the Homs governorate.

In the territory it controlled, Da’esh purported to establish courts to preside over its interpretation of religious law headed by judges with unknown credentials based on an unknown selection process.

POLITICAL PRISONERS AND DETAINEES

The government detained critics and charged them with a wide range of political crimes, including terrorism. The number of political prisoners and detainees, both citizens and foreigners, was difficult to determine due to a lack of government information and because different security services maintained their own incarceration facilities that held significant numbers of such detainees. Authorities continued to refuse to divulge information regarding numbers or names of persons detained on political or security-related charges. In October the VDC database of names and profiles of those detained since the beginning of the conflict contained more than 65,000 individuals. Authorities generally held them without charge or trial and did not inform their families. If authorities tried them, political detainees appeared in criminal courts for such charges. The government did not grant international organizations access to political prisoners.

Prison conditions for political or national security prisoners, especially accused opposition members, reportedly continued to be much worse than those for common criminals. According to local NGOs, authorities deliberately placed political prisoners in crowded cells with convicted and alleged felons and subjected them to verbal and physical threats and abuse. Political prisoners also reported they often slept on the ground due to lack of beds and faced frequent searches. According to reports from families, authorities refused many political prisoners access to family and counsel. Some former detainees and human rights observers reported the government denied political prisoners access to reading materials, including the Quran, and prohibited them from praying in their cells.

Many prominent civilian activists and journalists detained or forcibly disappeared following the 2011 protests reportedly remained in detention. There were no known developments in the many cases of reported disappearances from prior years, including the following persons believed forcibly disappeared by government forces: Abdel Aziz Kamal al-Rihawi; Alawite opposition figure Abdel Aziz al-Khair; Kurdish activist Berazani Karro; Yassin Ziadeh, brother of dissident Radwan Ziadeh; human rights lawyer Khalil Ma’touq and his assistant Mohamed Zaza; freedom of speech defender Bassel Khartabil; human rights activist Adel Barazi; peace activist and theater director Zaki Kordillo and his son Mihyar Kordillo.

There were no updates in the kidnappings of the following persons believed to have been abducted by Da’esh, armed opposition, or unidentified armed groups: activists Razan Zaitouneh, Wael Hamada, Samira Khalil, and Nazim Hamadi; religious leaders Bolous Yazigi and Yohanna Ibrahim; and peace activist Paulo Dall’Oglio. These individuals were among the estimated thousands of disappearances reported by activists and media.

HRW reported that courts continued to detain activists under the Counterterrorism Law implemented following the lifting of the Emergency Law in 2011. The government established the CTC under the Ministry of Justice to apply the law. Authorities held some detainees under this law at Adra central prison in Damascus pending trial. The amnesties enacted in 2014 and 2015 included some detainees held under counterterrorism charges, but NGOs and activists reported that the government released very few such individuals under the amnesties. Authorities later rearrested many of those released.

Local NGOs reported Da’esh detained and harassed domestic human rights activists, humanitarian aid workers, and religious figures. The COI reported that in Raqqa governorate Da’esh detained hundreds of prisoners, including women and community activists, who opposed its rule.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Government civil remedies for human rights violations were functionally nonexistent. In areas under their control, opposition groups had not organized consistent civil judicial procedures. Da’esh and other extremist groups had no known civil judicial mechanisms in the territories they controlled.

PROPERTY RESTITUTION

Security forces routinely seized detainees’ property and personal items. With the onset of civil unrest, authorities increased confiscation of personal telephones, computers, and electronics. Security forces did not catalog these items in accordance with the law, and although detained individuals had the right to retrieve their confiscated belongings after release, authorities often did not return the property. According to media reports and activists, government forces also seized property left by refugees or internally displaced persons.

According to humanitarian aid workers, Da’esh seized property from international and local aid workers at checkpoints that Da’esh controlled throughout the country.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, but they occurred routinely. Police frequently bypassed search warrant requirements in criminal cases by citing security reasons or emergency grounds for entry into private property. Random home raids occurred in large cities and towns of most governorates where the government maintained a presence, usually following large antigovernment protests or opposition attacks against government targets.

The government continued to open mail addressed to both citizens and foreign residents and routinely monitored internet communications, including e-mail (see section 2.a.).

The government continued to bar membership in some political organizations, including Islamist parties, and often arrested their members (see section 3).

The government, opposition groups, and Da’esh escalated their use of force during the year. The Office of the UN High Commissioner for Human Rights (OHCHR) reported that more than 250,000 persons had died since the start of protests in 2011, but OHCHR stopped recording this statistic in 2014. In April the UN special envoy for Syria estimated that the fighting had resulted in the deaths of more than 400,000 persons since 2011. In January media outlets widely reported that the government used “surrender or starve” tactics in hard-to-reach and besieged areas of the country. Soldiers surrounding besieged areas set up checkpoints to profit from the limited supply of goods, prices for which rose multiple times in besieged areas. The UN also reported that rebel groups imposed a siege on the villages of Fuah and Kefraya in Idlib province. The SNHR reported that Russian airstrikes on Hama, Homs, Idlib, Aleppo, Latakia, and Raqqa governorates killed 3,967 civilians throughout the year.

Government forces, Da’esh, and opposition forces attacked civilian institutions, including schools, hospitals, religious establishments, and bakeries. The SNHR noted 45 percent of the country’s hospitals were not functioning due to government shelling and looting, and in many opposition-held areas even fewer hospitals functioned.

Killings: The government reportedly committed the majority of killings throughout the year (see section 1.a.).

Government killings and use of lethal tactics reportedly increased during the year, despite a brief decrease during early March at the start of the period designated by the Cessation of Hostilities statement. The SNHR reported the government was responsible for the deaths of 6,924 civilians from January through November and Da’esh killed 1,397 civilians during the same period.

Reports from NGOs, including reports cited by the United Nations indicated that summary killings of civilians took place in the city of Aleppo in December as government forces retook opposition-held areas. These reports also indicated that government and allied forces targeted members of first-responder groups and that men between the ages of 30 and 50 were either detained by the government or immediately conscripted into the army. Reports cited by the United Nations also indicated that armed rebel groups prevented some civilians from escaping.

Progovernment militias reportedly continued to carry out mass killings. According to the SNHR, government-affiliated sectarian militias perpetrated massacres in the cities of Homs and Aleppo. In a June 2015 report on ethnic massacres, the SNHR noted that in February 2015 sectarian militia raided homes in the as-Sabil neighborhood of Homs, killing 14 civilians, including four children and five women. Additionally, in February 2015 Shiite militia reportedly kidnapped 320 individuals from two Aleppo villages and used them as human shields while retreating; fighting in this incident killed 48 civilians.

Opposition forces reportedly increased their killing of government forces, suspected government supporters, and members of minority communities through large-scale attacks and the use of snipers. According to the COI, opposition forces positioned military facilities and equipment in civilian areas. In 2012 several opposition commanders reportedly drafted and endorsed codes of conduct in an effort to curb violations and killings. Adherence to such standards was uneven. Media reports and videos from the country reported the deliberate killing by Da’esh and opposition forces of unarmed prisoners, including government soldiers. In some cases informal courts reportedly tried prisoners in an irregular fashion, such as facing a sharia council prior to execution, according to reports from international NGOs and the COI.

Extremist groups operating in spaces vacated by government forces also committed a large number of abuses and violations. There were unconfirmed reports that Da’esh executed tens of Arab and Kurdish civilians on March 21 before fleeing Kafr Saghir as government forces seized the area. According to the COI, Da’esh directed multiple bombings of medical centers in areas seized by the Kurdish People’s Protection Units (YPG) and targeted civilians with suicide bombings in streets full of civilians and near hospitals.

Other Syrian armed groups engaged in abuses. According to the COI, Jabhat al-Nusra killed more than 20 Druze in a massacre in Idlib governorate in June 2015. The SNHR attributed 132 civilian deaths to the PYD and other Kurdish groups.

Abductions: The government was reportedly responsible for the majority of disappearances during the year. Armed extremist groups not affiliated with the government also reportedly kidnapped individuals, particularly in the northern areas, targeting religious leaders, aid workers, suspected government affiliates, journalists, and activists. In August the SNHR attributed approximately 96 percent (nearly 72,000) of the estimated 75,000 forced disappearances to the government. The SNHR attributed 1,479 disappearances to Da’esh, 892 to al-Nusra Front, 397 to the PYD and other Kurdish forces, and 306 to armed opposition forces.

According to reliable NGO reports, government forces as well as Da’esh routinely kidnapped and detained aid providers and severely restricted humanitarian access to territories under their respective control. Activists reported aid workers in Da’esh-controlled territory were at high risk of abduction or violence.

In 2014 Da’esh reportedly abducted thousands of Yezidi women from Iraq and brought them to Syria for sale in markets or as rewards for Da’esh fighters. Fighters held the women as slaves and subjected them and other captured women and girls to repeated sexual violence, systematic rape, forced marriages, and coerced abortions. In interviews with the COI, they described multiple rapes by several men, including incidents of gang rape. Numerous NGOs and activists also reported that Da’esh fighters raped women in Da’esh-held areas or forced them to marry Da’esh fighters. Towards the end of the year, most of the abducted girls and women remained in Da’esh custody.

In June the COI issued a report called “They Came to Destroy: ISIS Crimes Against the Yazedis” that concluded “ISIS has committed the crime of genocide as well as multiple crimes against humanity and war crimes against the Yezidis, thousands of whom are held captive in the Syrian Arab Republic where they are subjected to almost unimaginable horrors.”

The location and status of Khalil Arfu and Sukfan Amin Hamza from Derek, Hasakah governorate, and members of the Kurdistan Democratic Party remained unknown.

The COI reported that a dramatic rise in hostage taking, which was often sectarian in nature, triggered reprisals and fueled intercommunal tension. Opposition armed groups abducted civilians and members of government forces to enable prisoner exchanges and for ransom money to purchase weapons.

Physical Abuse, Punishment, and Torture: According to reliable NGO reports, the government and its affiliated militias consistently engaged in physical abuse, punishment, and torture of both opposition members and civilians. Government agents targeted individuals with previous ties to foreign governments that favored the opposition; it also targeted family members and associates of such individuals. Government officials reportedly abused prisoners and detainees, as well as injured and sick persons, and raped women and men as a tactic of war. Additionally, according to the COI, the “Caesar photographs” smuggled out of the country in 2014 by a former government photographer documented the torture and severe malnourishment of more than 11,000 deceased detainees between 2011 and 2013.

The SNHR reported that authorities forced prisoners to witness the rape of other prisoners, threatened them with the rape of family members (in particular female family members), forced them to undress, and insulted their beliefs. According to the COI, the government and affiliated militias systematically perpetrated rape and other attacks on civilian populations in Deir al-Zour, Dara’a, Hama, Damascus, and Tartus governorates. Detention centers were the most common location for reported abuse, but attacks also occurred during military raids and at checkpoints. Reports included instances in which multiple attackers, usually soldiers and shabiha, gang-raped women in their homes, sometimes in front of family members. Observers believed sexual violence was widespread and underreported. In 2015 the SNHR estimated government forces were responsible for at least 7,672 incidents of sexual abuse since the beginning of the conflict. The SNHR noted an increased use of sexual violence against women before granting permission to depart besieged areas or to return with medical supplies and food.

There were widespread reports that Da’esh also engaged in abuses and brutality. According to the COI, Da’esh increased brutal treatment of those it captured in Raqqa, Deir al-Zour, and Aleppo governorates. Da’esh frequently punished victims publicly and forced residents, including children, to watch executions and amputations. Activists, NGOs, and the media reported numerous accounts of women in Da’esh-held territory facing arbitrary and severe punishments, including execution by stoning. Da’esh also committed abuses systematically against captured Free Syrian Army (FSA) and YPG fighters. Da’esh fighters reportedly beat captives (including with cables) during interrogations and killed those held in its detention centers in Raqqa and Aleppo governorates. Da’esh also beat persons because of their dress; several sources reported Da’esh members beat women for not covering their faces. Da’esh justified its use of corporal punishment, including amputations and lashings, under religious law.

The COI also reported in previous years that armed groups, under the banner of the FSA, tortured and executed suspected government agents, members of the shabiha, and collaborators. The COI noted that some opposition groups subjected detainees suspected of being members of pro-government militias to severe physical or mental pain and suffering to obtain information or confessions, or as punishment or coercion. The report also noted instances in which extremist groups Jabhat al-Nusra and Da’esh arbitrarily detained and tortured individuals passing through checkpoints along the country’s northern border.

Child Soldiers: Several sources documented the continued recruitment and use of children in combat. The COI reported that pro-government militias enlisted children as young as 13. The COI reported the government sometimes paid children between the ages of six and 13 to be informants, exposing them to danger. There were no new reports during the year of combatants recruiting boys between the ages of 12 and 14 to conduct surveillance in Aleppo governorate. In the earlier years of the conflict, most of the children recruited by armed forces and groups were boys between 15 and 17 years old and served primarily in support roles away from the front lines. Since 2014, however, all parties to the conflict recruited children at much younger ages–as young as seven years old–and often without parental consent.

More than half of the UN Children’s Fund (UNICEF)-verified cases of children recruited in 2015 were under 15 years old, compared with less than 20 percent in 2014. These children received military training, participated in combat or took up life-threatening roles in combat zones, including carrying and maintaining weapons, manning checkpoints, and treating and evacuating war wounded. Parties to the conflict used children to kill, including as executioners or snipers.

HRW reported opposition forces used children under the age of 18 as fighters. According to HRW, numerous groups and factions failed to prevent the enlistment of minors, while Da’esh and Jabhat al-Nusra actively recruited children as fighters. According to the COI, Islamic Front-affiliated and other armed groups “recruited, trained, and used children in active combat roles.” Jaish al-Mujaheddin enlisted minors younger than 18, according to the COI. A Da’esh camp near Aleppo trained children as young as 14. In Raqqa governorate, according to the COI, Da’esh recruited and enlisted children as young as 10. HRW noted that Ahrar al-Sham, Jabhat al-Nusra, and YPG militias enlisted fighters under the age of 18.

The COI report also confirmed that the YPG demobilized child soldiers from its ranks and began monitoring adherence to its commitment to eliminate children from fighting. Nevertheless, some local groups reported YPG and Asayish forces abused and forcibly recruited children.

The Institute for War and Peace Reporting noted that activists in Idlib governorate launched a campaign to prevent the recruitment of child soldiers.

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

Other Conflict-related Abuses: Both the government and opposition forces impeded the flow of humanitarian assistance. According to the UN Office for Humanitarian Assistance (OCHA), by October more than 861,000 civilians resided in besieged areas impossible to access. The COI reported that government forces, opposition forces, and Da’esh all employed sieges to devastating effects, deliberately restricting the passage of relief supplies and access by humanitarian agencies. Government forces were responsible for the majority of such activity. Acute restrictions on food and medicine reportedly caused malnutrition-related deaths, as well as outbreaks of hepatitis, cutaneous leishmaniasis, typhoid, and dysentery. While the country’s malnutrition rates largely remained below emergency thresholds during the year, the United Nations recorded pockets of malnutrition, primarily in besieged areas. The COI reported that government forces continued to besiege rebel-held areas in southern and eastern Damascus to render the conditions of life unbearable and force civilians to flee. In areas where combatants reached local truces, such as Moadimiyeh, civilians continued to suffer from shortages of food and medicine. From 2012 until June, the government denied UN-facilitated food and medicine intended for four thousand besieged residents in Darayya. The Damascus suburb surrendered to government forces in August.

In September, UNICEF reported emaciated children and a rise in the rates of caesarean sections and miscarriages, due to a shortage of food and medicine in Madaya, a besieged area. The government also failed to provide visas to international humanitarian workers and created unnecessary bureaucratic obstacles to relief delivery. The COI and the media reported that opposition groups also surrounded towns and limited access to supplies such as food in Afrin, Nubl, Zahra, and other locations. Da’esh imposed a siege of government-controlled areas of Deir al-Zour governorate.

The COI found that the government detained many Red Crescent volunteers and medical staff on the pretext of “having supported terrorists.” According to reliable NGO reports, the government’s continued bombardment, which they characterized as indiscriminate, destroyed and damaged health-care facilities in opposition-held areas, such as the Hama governorate and Aleppo city. On September 19, aircraft bombed a SARC-escorted UN convoy traveling to Orem al-Kubra in rural Aleppo, killing more than 20 civilians and aid workers. A UN investigative panel concluded in December that it was highly likely that the attack was perpetrated by the Syrian Arab Air Force.

According to the COI, the Islamic Front and Jaish al-Mujaheddin stopped or limited electricity and water to several neighborhoods in Aleppo.

Observers and international aid organizations reported that the government specifically targeted health-care workers, medical facilities, ambulances, and patients and restricted access to medical facilities and services to civilians and prisoners, particularly in Aleppo City. The COI also reported that government sniper fire and military assaults on medical facilities intentionally targeted sick and injured persons as well as pregnant women and persons with disabilities. According to credible NGO and COI reports, the government deliberately obstructed the efforts of sick and injured persons to obtain help, and many such individuals elected not to seek medical assistance in hospitals due to fear of arrest, detention, torture, or death. Government forces also reportedly targeted medical professionals for arrest. Physicians for Human Rights (PHR) released a report in July stating that 269 medical facilities sustained 382 attacks between 2011 and June. PHR reported that the government and its allies committed 90 percent of these attacks. PHR reported that 757 medical personnel were killed between 2011 and June, the majority by the government and its allies.

In October Russian forces in support of the government dropped cluster bombs on M10, the largest opposition-supported hospital in eastern Aleppo City. It had already suffered heavy bombardment three days earlier, in an assault UN Secretary-General Ban Ki-moon denounced as a war crime.

Government and opposition forces reportedly used civilians, including women and children, to shield combatants.

All participants in the conflict used provocative sectarian rhetoric, which the COI warned risked inciting mass indiscriminate violence. According to the COI, the rise in government-supported militias composed mostly of religious minorities and the positioning of these militias within their respective supportive communities fostered sectarian hostilities.

The COI noted mass displacements of communities under Da’esh control, where Da’esh officials warned residents to conform to Da’esh standards or leave. Communities experienced discriminatory sanctions, including specialized religious taxes (“jizya”), forced religious conversions, destruction of religious sites, and expulsion of minority communities. In January the SNHR reported that YPG forces forcibly displaced Arab residents in areas liberated by Kurdish forces. When the YPG-affiliated Syrian Democratic Forces began moving to liberate areas from Da’esh in August, human rights groups and humanitarian actors reported that the forces established local governing bodies not representative of or credible with local communities and hindered the work of independent civil society and humanitarian organizations.

International media reported widely on government and nongovernment forces attacking and destroying religious as well as UNESCO world heritage sites. The American Academy for the Advancement of Science (AAAS) noted many instances of visible damage to cultural heritage sites. In Aleppo the AAAS found massive destruction throughout the city, especially within the World Heritage site of the ancient city. According to weekly incident reports from the American Schools of Oriental Research, government forces continued to target mosques and churches. Government forces also pillaged and destroyed property, including homes, farms, and businesses of defectors and opposition figures.

a. Freedom of Speech and Press

While the constitution provides for freedom of speech and press, the government severely restricted these rights, often terrorizing, abusing, or killing those who attempted to exercise these rights.

Freedom of Speech and Expression: The government routinely characterized expression as illegal, and individuals could not criticize the government publicly or privately without fear of reprisal. The government also stifled criticism by invoking penal code articles prohibiting acts or speech inciting sectarianism. It monitored political meetings and relied on informer networks.

Press and Media Freedoms: The government continued to exercise extensive control over local print and broadcast media, and the law imposes strict punishment for reporters who do not reveal their government sources in response to government requests. A number of quasi-independent periodicals, usually owned and produced by individuals with government connections, published during the year. In 2014 the government began allowing very limited use of Kurdish in state-run universities, following a decades-long, mostly ineffective ban prohibiting all Kurdish-language publications (see section 6, National/Racial/Ethnic Minorities).

The government owned some radio and most local television companies, and the Ministry of Information closely monitored all radio and television news and entertainment programs for adherence to government policies. Despite restrictions on ownership and use, citizens widely used satellite dishes, although the government jammed some Arab networks.

Books critical of the government were illegal.

Extremist organizations such as Jabhat al-Nusra, Jund al-Aqsa, and Da’esh also posed a serious threat to press and media freedoms.

Violence and Harassment: Government forces reportedly detained, arrested, and harassed journalists and other writers for works deemed critical of the state. Harassment included attempts at intimidation, banning such individuals from the country, dismissing journalists from their positions, and ignoring requests for continued accreditation. According to reliable NGO reports, the government routinely arrested journalists who were either associated with or writing in favor of the political opposition or the FSA and instigated attacks against foreign press outlets throughout the country.

The government and Da’esh routinely targeted and killed both local and foreign journalists, according to the COI. According to Freedom on the Net and the Committee to Protect Journalists (CPJ), Syria remained the most deadly and dangerous country in the world for journalists. During the year the CPJ documented the deaths of three journalists in the country: Khaled al-Iissa, Osama Jumaa, and Majid Dirani. According to the CPJ, the majority of reporters killed were covering politics and human rights issues. Reporters Without Borders (RSF) estimated 56 journalists were killed between 2011 and September, including seven during the year.

A June 16 attack in Aleppo City injured prominent Syrian activist Hadi al-Abdullah and killed photographer Khaled al-Issa, both affiliated with the popular opposition media outlet Radio Fresh. No group took responsibility for the attack; however, it signified the risks to activists and journalists affiliated with opposition groups.

According to the RSF, eight journalists and 17 netizens (activists who may not have journalist training but who use the internet to disseminate their work) remained in prison. The CPJ reported that seven journalists remained in government detention. The reason for arrests was often unclear. Arbitrary arrest raised fears that authorities could arrest internet users at any time for simple online activities perceived to threaten the government’s control, such as posting on a blog, tweeting, commenting on Facebook, sharing a photograph, or uploading a video.

According to reports from media outlets operating in areas controlled by the PYD, they faced pressure and received online threats demanding they play pro-PYD songs. Reports indicated that some opposition journalists affiliated with the Kurdish National Council were detained and/or beaten by members of the PYD security services. In May an independent radio station in al Hasakah governorate reported that an anonymous armed group attacked its headquarters, set the building on fire, and threatened to kill the head of the station if he did not stop broadcasting. Following the attack many local and international governments and political parties criticized the attack, including the Executive Authority of the Self-Administration in the area.

Censorship or Content Restrictions: The government continued to control the dissemination of information strictly, including developments regarding fighting between the government and armed opposition, and prohibited most criticism of the government and discussion of sectarian problems, including religious and ethnic minority rights. The Ministries of Information and Culture censored domestic and foreign publications prior to circulation or importation and prevented circulation of content determined critical or sensitive. The government prohibited publication or distribution of any material security officials deemed threatening or embarrassing to the government. Censorship was usually greater for materials in Arabic.

Local journalists reported they engaged in extensive self-censorship on subjects such as criticism of the president and his family, the security services, or Alawite religious groups. The government required both domestic and foreign journalist who did not observe these guidelines to leave the country or targeted them for arrest, torture, or execution.

Libel/Slander Laws: Although the 2011 media law prohibits imprisoning journalists for practicing their profession, the government continued to detain and arrest journalists who opposed the government. The government charged some of these individuals under libel laws.

National Security: The government cited laws protecting national security to restrict media distribution of material that criticized government policies or public officials.

Nongovernmental Impact: Opposition forces kidnapped and killed journalists. According to the RSF and SNHR, the PYD subjected journalists to harassment and detention. According to the COI, Da’esh abducted journalists and activists working to document its abuses in territories under its control. According to the SNHR Da’esh killed 14 media activists including a woman and held others in detention. The SNHR also reported that opposition groups killed six media activists and injured two, and it alleged that Russian forces killed six.

INTERNET FREEDOM

According to the 2016 Freedom on the Net Report, the country remained one of the most dangerous and repressive environments for internet users in the world. The government controlled and restricted the internet and monitored e-mail and social media accounts. Individuals and groups could not express views via the internet, including by e-mail, without prospect of reprisal. The government applied the media law, as well as the general legal code, to regulate internet use and prosecute users.

The government often monitored internet communications, including e-mail, and interfered with and blocked internet service, SMS messages, and two-step verification messages for password recovery or account activation. The government employed sophisticated technologies and hundreds of computer specialists for filtering and surveillance purposes, such as monitoring e-mail and social media accounts of detainees, activists, and others. The government did not attempt to restrict the security branches’ monitoring and censoring of the internet. The security branches were largely responsible for restricting internet freedom and access; internet blackouts often coincided with security force attacks. The government censored websites related to the opposition, including the websites for local coordination committees as well as media outlets.

Many areas no longer had internet access because of continued violence and damage to infrastructure largely perpetrated by the government, especially in the north and east. The government also restricted or prohibited internet access in areas under siege. It obstructed connectivity through its control of key infrastructure, at times shutting the internet and mobile telephone networks entirely or at particular sites of unrest. There was generally little access to state-run internet service in besieged areas unless users could capture signals clandestinely from rooftops near government-controlled areas. Some towns in opposition-held areas had limited internet access via satellite connections. Some activists reportedly gained access independently to satellite internet or through second and third-generation (3G) cell phone network coverage.

The government meanwhile expanded its efforts to use social media, such as Instagram, Twitter, and Facebook, to spread pro-government propaganda and manipulate online content. Government authorities routinely tortured and beat journalists to extract passwords for social media sites, and the Syrian Electronic Army (SEA), a group of pro-government computer hackers, frequently launched cyberattacks on websites to disable them and post pro-government material. In January authorities detained Abdul Moyeen Hommse, a media activist, for posting a video satirizing Asad’s government. Later he lost his job. In addition to promoting hacking and conducting surveillance, the government and groups that it supported, such as the SEA, reportedly planted malware to target human rights activists, opposition members, and journalists. Local human rights groups blamed government personnel for instances in which malware infected activists’ computers.

Observers also accused the SEA of slowing internet access to force self-censorship on government critics and diverting e-mail traffic to government servers for surveillance.

Da’esh forces restricted access to internet cafes, especially for women, confiscated cell phones and computers, and instituted strict rules for journalists to follow or face punishment. In February, Da’esh banned private internet access and closed all internet cafes across Manbij, a city in northern Aleppo governorate. Da’esh also increased cyberattacks on journalists and groups documenting human rights abuses. In April Da’esh killed journalist Mohammed Zahir al-Sherqat in response to al-Sherqat’s activism.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government restricted academic freedom and cultural events. Authorities generally did not permit teachers to express ideas contrary to government policy. The Ministry of Culture restricted and banned the screening of certain films.

Da’esh and Jabhat al-Nusra sought to restrict academic freedom severely and to curtail cultural events considered un-Islamic. Media sources reported that schools in Da’esh-controlled Raqqa governorate banned several academic subjects, including chemistry and philosophy.

During the year students, particularly those residing in opposition-held areas, continued to face challenges in taking nationwide exams. The government, however, allowed 360 students from Moadimiyeh and 68 students from Madaya to travel to government-held areas to take exams in May.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The constitution provides for the right of assembly, but the government restricted this right. Even after the 2011 repeal of the emergency law, a subsequent 2011 presidential decree grants the government broad powers over freedom of assembly.

The Ministry of Interior requires permission for demonstrations or any public gathering of more than three persons. As a rule the ministry authorized only demonstrations by the government, affiliated groups, or the Baath Party, orchestrating them on numerous occasions. The government continued to use excessive force against peaceful demonstrators.

In opposition-held areas, extremist armed opposition groups targeted activists, protesters, documentation groups, and media groups for detention, hostage taking, harassment, and executions. The COI reported that residents in Da’esh-controlled parts of Aleppo and Raqqa governorates noted severe restrictions on assembly.

According to allegations by Kurdish activists and in press reporting, the PYD and the YPG suppressed freedom of assembly and severely limited freedom of speech in areas under their control.

FREEDOM OF ASSOCIATION

The constitution permits private associations but grants the government the right to limit their activities. The government restricted freedom of association, requiring prior registration and approval for private associations and restricting the activities of associations and their members. The executive boards of professional associations were not independent of the government.

The government often denied requests for registration or failed to act on them, reportedly on political grounds. None of the local human rights organizations operated with a license, but many functioned under organizations that had requisite government registration. The government continued to block the multi-year effort by journalists to form a countrywide media association. The government selectively enforced the 2011 decree allowing the establishment of independent political parties, allowing only progovernment groups to form official parties (see section 3). According to local human rights groups, opposition activists declined to organize parties, fearing the government would use party lists to target opposition members.

Under the authority of laws that criminalize membership and activity in illegal organizations as determined by the government, security forces detained hundreds of persons linked to local human rights groups and prodemocracy student groups. The government also searched these individuals’ personal and social media contacts for further potential targets.

According to media reports and reports from former residents of Da’esh-controlled areas, Da’esh did not permit the existence of associations that opposed the structures or policies of the “caliphate.”

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution provides for freedom of movement “within the territories of the state unless restricted by a judicial decision or by the implementation of laws.” The government, Da’esh, and other armed groups, however, restricted internal movement and travel and instituted security checkpoints to monitor such travel throughout the regions under their respective control. Government sieges in Homs, Damascus, Rif-Damascus, Deir al-Zour, and Idlib governorates resulted in documented cases of death, starvation, and severe malnutrition (see section 1.g.). Opposition forces imposed sieges on government-held areas in Aleppo governorate, cutting off water, electricity, fuel, and medicine. In areas under its control, Da’esh restricted the movement of government supporters or assumed supporters, especially the Alawi and Shia populations. Other opponents of the government also restricted the movement of such individuals, but to a lesser extent.

Abuse of Migrants, Refugees, and Stateless Persons: Both government and opposition forces reportedly besieged, shelled, and otherwise made practically inaccessible some Palestinian refugee camps, neighborhoods, and sites, which resulted in severe malnutrition, lack of access to medical care and humanitarian assistance, and civilian deaths.

In-country Movement: In government-besieged cities throughout the country, government forces blocked humanitarian access, leading to severe malnutrition, lack of access to medical care, and death, particularly in the cities of Zabadani, Douma, and Eastern Ghouta (see section 1.g.). According to OCHA, 590,000 persons remained in 18 besieged areas. The violence, coupled with significant cultural pressure, severely restricted the movement of women in many areas. Additionally, the law allows certain male relatives to place travel bans on women (see section 6, Women).

The government inconsistently cooperated with UNHCR and other humanitarian organizations in assisting internally displaced persons, refugees, and asylum seekers. The government provided some cooperation to the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA).

The government relied on security checkpoints to monitor and limit movement and expanded them into civilian areas. The government also barred foreign diplomats from visiting most parts of the country and rarely granted them permission to travel outside Damascus. The consistently high level and unpredictability of violence severely restricted movement throughout the country.

Da’esh and opposition groups also controlled movement, including with checkpoints.

Government forces reportedly used snipers to prevent protests, enforce curfews, target opposition forces, and in some cases to prevent civilians from fleeing besieged towns. According to the COI, the drive through long desert detour routes exposed passengers and drivers to arbitrary arrest, unlawful search and seizure of property, demands for bribes, and detention and execution at checkpoints administered by Da’esh, the government, and other armed actors.

Da’esh reportedly did not permit female passengers to traverse territory it controlled unless accompanied by a close male relative.

Foreign Travel: While citizens have the right to travel internationally, the government denied passports and other vital documents based on the applicant’s political views, association with opposition groups, or ties to geographic areas where the opposition dominated. The government also imposed exit visa requirements and routinely closed the Damascus airport and border crossings, claiming the closures were due to violence or threats of violence. Additionally, the government often banned travel by human rights or civil society activists, their families, and affiliates. Many citizens reportedly learned of the ban against their travel only when authorities prevented them from departing the country. The government reportedly applied travel bans without explanation or explicit duration, including in cases when individuals sought to travel for health reasons. The government comprehensively banned international travel of opposition members, often targeting any such individual who attempted to travel. Local media and human rights groups repeatedly stated that opposition activists and their families hesitated to leave the country, fearing attacks at airports and border crossings. In June, Turkish border guards killed 11 Syrian refugees when they attempted to flee from the country.

There were reports Da’esh destroyed Syrian passports and legal records and produced its own passports, not recognized by any country or entity. These policies disproportionately affected children, because many left the country before obtaining a passport or identification card. Additionally, Syrians born abroad to parents who fled the conflict and remained in refugee camps generally did not have access to Syrian citizenship documents. The government in 2015 began allowing Syrians living outside of the country whose passports expired to renew their passports at consulates. Many who fled as refugees, however, feared reporting to the government against which they may have protested or feared the government could direct reprisals against family members still in the country.

Women over 18 have the legal right to travel without the permission of male relatives, but a husband may file a request with the Interior Ministry to prohibit his wife from departing the country.

Da’esh explicitly prohibited women from foreign travel.

Emigration and Repatriation: On their return to the country, both persons who unsuccessfully sought asylum in other countries and those who had previous connections with the Syrian Muslim Brotherhood faced prosecution. The law provides for the prosecution of any person who attempts to seek refuge in another country to evade penalty in Syria. The government routinely arrested dissidents and former citizens with no known political affiliation who attempted to return to the country after years or even decades of self-imposed exile. Many emigrants who did not complete mandatory military service could pay a fee to avoid conscription while visiting the country, but this option tended to vary by ethnicity and socioeconomic status. Authorities exempted from military service without payment persons of Syrian origin born in a foreign country but able to demonstrate service in the army of the country of birth.

INTERNALLY DISPLACED PERSONS

The government largely did not facilitate humanitarian assistance for IDPs and provided inconsistent protection. During the year violence continued to be the primary reason for citizens to leave the country, much of the violence attributed to government and Russian aerial attacks. Years of conflict repeatedly displaced persons; each displacement depleted family assets and eroded coping mechanisms.

By the last quarter of the year, the United Nations estimated there were more than 6.1 million IDPs in the country. The government generally did not provide sustainable access for services to the IDP population and did not offer IDPs assistance or protection. UN humanitarian officials reported that most IDPs sought shelter with host communities or in collective centers, abandoned buildings, or informal camps. In the first half of the year, intensified fighting in the governorates of Aleppo and al-Hasakah displaced more than 900,000 citizens. In September fighting displaced an additional 100,000 persons in Hama governorate. Observers estimated that 75,000 to 100,000 persons, displaced from all parts of the country, remained stranded at the border with Jordan in a location known as “the berm.”

The SARC functioned as the main partner for international humanitarian organizations working inside the country to provide humanitarian assistance in both government- and opposition-controlled areas. Access difficulties–including those imposed by the government, Da’esh, and opposition groups–hindered the delivery of aid to persons in need. NGOs operating from Damascus faced extensive bureaucratic obstruction when attempting to provide relief to populations in need. The SARC and UN agencies sought to increase the flow of assistance to opposition-held areas to meet growing humanitarian needs. The government routinely disrupted the supply of humanitarian aid to rebel-held areas, particularly medical assistance (see section 1.g.).

The humanitarian response to the country was one of the largest in the world, coordinated through a complicated bureaucratic structure. The crisis inside the country continued to meet the UN criteria for a Level 3 response–the global humanitarian system’s classification for response to the most severe, large-scale humanitarian crises. Cross-border operations from Turkey and Jordan provided humanitarian assistance for Syrians. Additional assistance came through cross-line operations originating from Damascus. Since the International Syria Support Group’s Humanitarian Task Force began advocating for expanded access in February, the United Nations provided assistance to nearly 400,000 persons in 17 besieged areas, more than 817,000 in hard-to-reach locations, and 57,000 persons in priority cross-line areas, compared with 30,000 who received assistance in 2015. Assistance reached many besieged and hard-to-reach towns several times. Despite these efforts, however, the Asad government continued to hinder UN access, and many communities continued to suffer and surrender to the government’s “starve and kneel” tactics.

OCHA reported that during July no humanitarian assistance reached more than four million persons in the country’s hard-to-reach areas.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. UNHCR and UNRWA were able to maintain limited protection areas for refugees and asylum seekers, although violence hampered access to vulnerable populations. In coordination with both local and international nongovernmental organizations, the United Nations continued to provide such individuals essential services and assistance.

UNHCR estimated that at least 95,000 persons, mainly Yezidi Iraqis, entered the country following Da’esh attacks on Sinjar District in Iraq, beginning in 2014. Many initially fled to Mount Sinjar but managed to evacuate the mountain with the assistance of military strikes led by the Western coalition and support from Syrian Kurdish groups, who transported many Yezidis into the country. The majority of these persons returned to Iraq through the Iraqi Kurdistan Region; however, in June UNHCR estimated there were approximately 10,000 Iraqis in camps in al-Hasakah governorate, including 2,262 Yezidis in the Newroz camp, 2,330 Sunni Arabs in Roj camp, and 5,700 in al-Hol camp. There were also some Iraqis in the cities of Malkia, Qamishly, Amuda, and Derbasia.

Employment: The law does not explicitly grant refugees, except for Palestinians, the right to work. While the government rarely granted non-Palestinian refugees a work permit, many refugees found work in the informal sector as guards, construction workers, street vendors, and in other manual jobs.

Access to Basic Services: The law allows for the issuance of identity cards to Palestinian refugees and the same access to basic services provided to citizens. The government also allowed Iraqi refugees access to publicly available services, such as health care and education, but residency permits were available only to those refugees who entered Syria legally and possessed a valid passport, which did not include all refugees. The lack of access to residency permits issued by the Syrian authorities exposed refugees to risks of harassment and exploitation and severely affected their access to public services. The approximately 30,000 non-Palestinian refugees in the country faced growing protection risks, multiple displacements, tightened security procedures at checkpoints, and difficulty obtaining required residency permits, all of which resulted in restrictions on their freedom of movement. UNHCR reported a rise in sexual- and gender-based violence and child protection concerns among refugees, including child labor, school dropouts, and early marriages.

STATELESS PERSONS

Approximately 190,000 Kurds in the country are not entitled to Syrian nationality under the law. The government considered the Kurds to be foreigners, which denied them access to services. Following the 1962 census, approximately 150,000 Kurds lost their citizenship. A legislative decree ordained the single-day census in 1962, and the government executed it unannounced with regard to the inhabitants of al-Hasakah governorate. Government justification for this measure was to identify Kurds who had entered the country since 1945. Anyone not registered for any reason or without all required paperwork became “foreign” from that day onward. In similar fashion authorities recorded anyone who refused to participate as “undocumented.” Because of this loss of citizenship, these Kurds and their descendants lacked identity cards and could not access government services, including health care and education. They also faced social and economic discrimination. Stateless Kurds do not have the right to inherit or bequeath assets, and their lack of citizenship or identity documents restricted their travel to and from the country.

In 2011 President Asad issued a decree declaring that stateless Kurds in al-Hasakah governorate who were registered as “foreigners” could apply for citizenship. UNHCR reported that approximately 40,000 of these were still unable to obtain citizenship. Likewise, the decree did not extend to the approximately 160,000 “unregistered” stateless Kurds. The change from 150,000 to 160,000 reflected an approximate increase in population since the 1962 census.

Children derive citizenship solely from their father. Because women cannot confer nationality on their children, an unknown number of children whose fathers were missing or deceased due to the continuing conflict were at risk of statelessness. Mothers could not pass citizenship to children born outside the country, including in neighboring countries operating refugee camps.

Although the constitution provides the ability for citizens to choose their government periodically through free and fair elections conducted by secret ballot and based on universal and equal suffrage, citizens were not able to exercise that ability. Outcomes did not reflect the unimpeded or uncoerced will of the electorate because of the underlying circumstances of elections.

Elections and Political Participation

Recent Elections: In April the country held geographically limited parliamentary elections, the results of which citizens living outside government control rejected. In 2014 Bashar Asad, Hassan al-Nouri, and Maher Hajjar registered as candidates for the June presidential election administered in disparate areas of the country; the majority of citizens could not access polling places because of violence or displacement. The process, in which Asad received 88.7 percent of the vote, was neither free nor fair by international standards. Voters faced intimidation by security elements, and the government forcibly transported state employees in Damascus to polling centers, according to observers and the media. Media reports described low overall voter turnout, even among those living in relatively stable areas with access to polling stations. Authorities allowed only persons in government-controlled territory, certain refugee areas, and refugees who left the country after obtaining official permission to vote. According to a 2014 report of Human Rights First, Hizballah threatened Syrian refugees if they did not vote for Asad. Security forces increased security measures in Damascus and surrounding areas under government control to maximize voter turnout. Nonetheless, violence continued throughout the country, and some armed opposition groups fired missiles at government-controlled areas during the voting period.

In October the National Coalition for the Syrian Revolutionary and Opposition Forces held internal elections in Istanbul, resulting in the re-election of the Syrian Opposition Coalition President Anas al-Abdah.

Political Parties and Political Participation: The constitution provides that the Baath Party is the ruling party and assures that it has a majority in all government and popular associations, such as workers’ and women’s groups. The Baath-led National Progressive Front dominated the 250-member People’s Council, holding 200 of the 250 parliament seats following the April election. The Baath Party and nine other smaller satellite political parties constituted the coalition National Progressive Front. A 2011 decree allows establishment of additional political parties, although it forbids those based on religion, tribal affiliation, or regional interests.

Membership in the Baath Party or close familial relations with a prominent party member or powerful government official assisted in economic, social, and educational advancement. Party or government connections made it easier to gain admission to better schools, access lucrative employment, and achieve greater advancement and power within the government, the military, and the security services. The government reserved certain prominent positions, such as provincial governorships, solely for Baath Party members.

The government showed little tolerance for other political parties. The government harassed parties such as the Communist Union Movement, the Communist Action Party, and the Arab Social Union, and it arrested their members. Police arrested members of Islamist parties. Reliable data on illegal political parties was unavailable.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and women and minorities did so. Women and minorities generally participated in the political system without formal restriction, although significant cultural and social barriers largely excluded women from decision-making positions. The government formed after the 2014 election included three female members: Vice President Najah al-Attar, Minister of State for Environmental Affairs Nazira Serkis, and Minister of Social Affairs Rima al-Qadiri. In 2015, 12 percent of the members of parliament were women. There were Christian, Druze, and Kurdish members in parliament. Alawites, the ruling religious minority, held greater political power than other minorities in the cabinet as well as greater power than the majority Sunni sect in the cabinet.

Although the law provides criminal penalties for official corruption, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Corruption continued to be a pervasive problem in police forces, security services, migration management agencies, and throughout the government.

Corruption: Due to the lack of free press and of opposition access to instruments of government and the media, there was almost no detailed information about corruption, except petty corruption. There were reports of prison guards demanding bribes from prisoners and their visitors. Visiting family members who paid higher bribes enjoyed visits to detainees without police surveillance. The price of bribes continued to rise from previous years. Human rights lawyers and family members of detainees stated that government officials in courts and prisons solicited bribes for favorable decisions and provision of basic services. Traffic police officers regularly solicited bribes from drivers, and child laborers reported bribing police to avoid arrest.

Financial Disclosure: There are no public financial disclosure laws for public officials. The prime minister’s Central Commission for Control and Inspection is the main administrative body responsible for coordinating and monitoring public-sector corruption. Each government body, including the ministries, has a Control and Inspection Department that reported directly to the Central Commission.

Public Access to Information: The media law provides for access to information from ministries and other government institutions. The law contains ambiguous provisions for nondisclosure, including forbidding access to information that “affects national unity and national security.” The law obliges authorities to respond to requests within seven days of receiving an inquiry. The law requires administrative judiciary courts to investigate total or partial refusals of information requests and issue a decision within one month. It does not stipulate penalties for noncompliance. There was no evidence the government implemented the law during the year.

The government restricted attempts to investigate alleged human rights violations and actively refused to cooperate with any independent attempts to investigate alleged violations. The government did not grant permission for the formation of any domestic human rights organizations. Nevertheless, hundreds of such groups operated illegally in the country. There were reports the government harassed domestic human rights activists by subjecting them to regular surveillance and travel bans. The government normally responded to queries from human rights organizations and foreign embassies regarding specific cases by reporting that the case was still under investigation, that the prisoner in question had violated national security laws, or, if the case was in criminal court, that the executive branch could not interfere with the allegedly independent judiciary. The government reportedly sought out members of domestic human rights organizations for property seizures, harassment, detention, arrest, torture, and execution.

The government was highly suspicious of international human rights NGOs and did not allow them into the country. Reports and media interviews with government officials indicated the government denied committing any human rights violations. It denied other organizations access to several locations where government agents launched assaults on antigovernment protesters or allegedly held prisoners detained on political grounds. According to reliable reports, the government also actively restricted the activities of humanitarian aid organizations, especially along supply routes and access points near opposition-controlled areas (see section 1.g.).

The United Nations or Other International Bodies: The government continued to deny access to the UN Commission of Inquiry, mandated by the UN Human Rights Council to document and report on human rights violations and abuses in the country. It did not cooperate fully with numerous UN bodies, resulting in restrictions on access for humanitarian organizations, especially to opposition-controlled areas.

In its August 21 report, the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism (established to attribute responsibility for already-confirmed chemical warfare incidents) determined responsibility at a “sufficient” level for three of the nine attacks it reviewed. These attacks were a mustard gas attack by Da’esh in Marea, Aleppo governorate (August 2015), and two instances of chlorine used as a weapon by the government, specifically the Syrian Arab Air Force, in Talmenes, Idlib governorate (April 2014), and Sarmin, Idlib governorate (March 2015). A report from the Joint Investigative Mechanism in October found that the government used weaponized chlorine in 2015 in Qmenas as well.

Women

Rape and Domestic Violence: Rape is a felony, subject to punishment by at least 15 years in prison, but the government did not enforce the law. The law further stipulates that if the rapist marries the victim, the rapist receives no punishment. The victim’s family sometimes agreed to this arrangement to avoid the social stigma attached to rape. There are no laws against spousal rape. Observers of the refugee crisis reported women, men, and community leaders consistently identified sexual violence as a primary reason their families fled the country. The COI reported rape was widespread, and government and progovernment forces used rape to terrorize and punish women, men, and children perceived as associated with the opposition (see section 1.g. for additional information, including on abuses committed by extremist groups). The COI concluded that underreporting and delayed reporting of sexual violence was endemic, rendering an assessment of its magnitude difficult. Reports by the SNHR, HRW, and other NGOs included interviews with female former prisoners, who reported that rape by guards and security forces was common in detention facilities.

The law does not specifically prohibit domestic violence, and violence against women was extensive and generally went unpunished. Victims did not report the vast majority of domestic violence and sexual assault cases. Victims traditionally were reluctant to seek assistance outside the family due to fear of social stigmatization. Security forces consistently treated violence against women as a social rather than a criminal matter. Observers reported that when some abused women tried to file a police report, police did not investigate their reports thoroughly, if at all, and that in other cases police officers responded by abusing the women, including by sexual harassment, verbal abuse, hair pulling, and slapping.

In the past several domestic violence centers operated in Damascus, and the government licensed and affiliated them with the Ministry of Social Affairs and Labor. Local NGOs reported, however, that many centers no longer operated due to the conflict. There were no known government-run services for women outside Damascus. According to local human rights organizations, local coordination committees and other opposition-related groups offered programming specifically for protection of women; NGOs did not integrate these programs throughout the country, and none reported reliable funding.

Female Genital Mutilation/Cutting (FGM/C): There is no law against FGM/C; however, observers provided no reports of the abuse.

Other Harmful Traditional Practices: The law permits judges to reduce legal penalties for murder and assault if the defendant asserts an “honor” defense, which often occurred. The government kept no official statistics on use of this defense in murder and assault cases. There were no officially reported “honor” killings during the year, but local human rights groups asserted the practice continued, reportedly at previous levels, despite or even because of the continuing violence. NGOs working with refugees reported families killed some rape victims inside the country, including those raped by government forces, for reasons of “honor.” NGOs also reported the conflict led to a significant rise in “honor” killings due to the pervasive use of rape by government forces and sexual slavery and exploitation by Da’esh.

Sexual Harassment: The law prohibits discrimination in employment on the basis of gender but does not explicitly prohibit sexual harassment. Due to social and cultural pressures, victims rarely reported sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide freely the number, spacing, and timing of their children; manage their reproductive health; and generally have access to the information and means to do so, free from discrimination, coercion, or violence. Due to the conflict, there was limited access to reproductive health services, and restrictions on movement and lack of transportation affected the capacity of humanitarian response programs. The UN Population Fund (UNFPA) reported that infrastructure damage reduced the number of facilities and health personnel able to provide pregnant women with antenatal and postnatal care and skilled attendance at delivery. Activists also reported that government detention centers did not provide medical care to women during pregnancy or birth. Attacks on hospitals affected pregnant women, who were frequently unable to access care, and during the year observers reported to the Human Rights Council that hostilities forced an increasing number of women to give birth through caesarean sections to control the timing of their delivery and avoid traveling in insecure environments.

Female victims subjected to sexual violence lacked access to immediate health care. Consequences included severe physical injuries, psychosocial trauma, unwanted pregnancies, social stigmatization, and infection with sexually transmitted diseases, including HIV/AIDS. The destruction of hospitals further complicated access to health care. The lack of contraceptives caused many rape victims to face physical, social, and psychological consequences of both rape and any ensuing pregnancy.

Violence throughout the country made accessing medical care and reproductive services both costly and dangerous, and the COI reported that the government and armed extremists sometimes denied pregnant women passage through checkpoints, forcing them to give birth in unsterile and often dangerous conditions, without pain medication or adequate medical treatment. In February, UNFPA estimated that approximately 430,000 women in the country and in nearby refugee camps were pregnant and needed care. It also estimated that 70,000 would likely experience complications related to pregnancy or delivery. UNFPA provided reproductive health services to women by distributing reproductive health kits. According to numerous sources, government forces deliberately denied medical care to persons in areas controlled by the opposition.

Discrimination: Although the constitution provides for equality between men and women and the “right of every citizen to earn his wage according to the nature and yield of the work,” the law does not explicitly stipulate equal pay for equal work. Moreover, a number of sections of family and criminal law do not treat men and women equally. Children derive citizenship solely from their father. An unknown number of children whose fathers were missing or deceased due to the continuing conflict were at risk of statelessness. Before the conflict began, only 16 percent of women participated in the formal labor force, compared with 72 percent of men. Female employment participation decreased as violence and insecurity increased. In previous years the government sought to overcome traditional discriminatory attitudes toward women and encouraged women’s education by providing equal access to educational institutions, including universities.

The Commission for Family Affairs, Ministry of Justice, and Ministry of Social Affairs and Labor shared responsibility for attempting to afford equal legal rights to women. Governmental involvement in civil rights claims, including cases against sexual discrimination, was stagnant, and most claims went unanswered.

Personal status, retirement, citizenship, and social security laws discriminate against women. Men constituted the vast majority of the judiciary, and NGOs suggested this circumstance led to discriminatory treatment of women by federal courts. Under criminal law, if a man and a woman separately commit the same criminal act of adultery, the woman’s punishment is double that of the man’s. The law generally permits women to initiate divorce proceedings against their spouses, although some Christian sects strongly discouraged both women and men from doing so. For Muslims personal status law treats men and women differently. Some personal status laws mirror Islamic law regardless of the religion of those involved in the case. The law does not entitle a divorced woman to alimony in some cases, such as if she gave up her right to alimony to persuade her husband to agree to the divorce. Additionally, under the law a divorced mother loses the right to guardianship and physical custody of her sons when they reach age 13 and of her daughters at age 15, when guardianship transfers to the paternal side of the family.

The government’s interpretation of Islamic law is the basis of inheritance law for all citizens except Christians. Accordingly, courts usually granted Muslim women half of the inheritance share of male heirs. 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. During the year there were reports that in some regions custom prevailed over the law and women received no inheritance. A woman’s husband, or male relative in a husband’s absence, may request that the government prohibit his wife’s travel abroad.

Women participated actively in public life and in most professions, including the armed forces, although violence in many regions reduced women’s access to the public sphere. Women and men have equal legal rights in owning or managing land or other property, although cultural and religious norms impeded women’s rights, especially in rural areas. Various sources observed that women constituted a minority of lawyers, university professors, and other professions. While women served in the judiciary, parliament, and high levels of government, the government often denied them decision-making positions (see section 3). According to several organizations, women were underrepresented in the judiciary, as only 13 percent of judges prior to the start of the civil war were women. The SNHR suggested that few, if any, women participated as judges in the courts.

Some opposition groups forbade women from participating equally in irregularly constituted courts (for example, in Aleppo governorate). Women did not hold an equal share of political positions in local opposition governance bodies but remained active in civil society, humanitarian assistance delivery, media, and education. Women did not have significant representation on local or provincial councils, according to NGOs.

Some opposition groups and extremist elements reportedly banned women from teaching and girls from attending school, particularly in Da’esh-controlled Deir al-Zour governorate. According to activists from Raqqa governorate, Da’esh segregated classrooms and removed women from the local councils in territories it controlled.

According to several groups, including HRW, extremist armed groups placed discriminatory restrictions on women and girls in Aleppo, al-Hasakah, Idlib, and Raqqa governorates. Such restrictions included strict dress codes, limitations on women’s engagement in public life and ability to move freely, and constraints on their access to education and employment. Jabhat al-Nusra and Da’esh insisted that women follow a strict dress code that mandated wide cloaks and headscarves and that prohibited jeans, close-fitting clothing, and cosmetics. According to interviewees, members of these groups forbade women to appear in public without a male family member accompanying them in Idlib city, Ras al-Ayn, Tel Abyad (which was no longer in Da’esh control by year’s end), and Tel Aran. Authorities threatened women and girls who did not abide by the restrictions with punishment and, in some cases, blocked them from using public transportation, accessing education, and buying bread. IDPs from the cities of Idlib, Tel Abyad, and Tel Aran related that Jabhat al-Nusra and Da’esh banned women from working outside the home.

In areas under its control, Da’esh published a “Civilization Document” with 16 points that a woman must follow or face the death penalty. They included staying at home and not leaving it without an immediate male relative (mahram); wearing a wide cloak, full face veil, and headscarf; closing hair salons; not sitting on chairs in public; and not seeing male doctors. Da’esh established the “al-Khanssaa” brigade, an all-female police force established in the city of Raqqa, composed mostly of noncitizen women who enforced these regulations, sometimes violently, among women.

There were limited reports of women actively participating in hostilities, including in armed Kurdish opposition groups and the mostly secular “Mother Aisha Brigade,” considered part of the moderate armed opposition in the city of Aleppo. There also were limited reports of female Da’esh members actively participating in armed hostilities. In Raqqa Da’esh enlisted some women into the “al-Khanssaa” brigade, to staff checkpoints, enforce Da’esh laws, and participate in some house raids.

Children

Birth Registration: Children derive citizenship solely from their father. In large areas of the country where civil registries were not functioning, authorities did not register births. The government did not register the births of Kurdish noncitizen residents, including stateless Kurds (see section 2.d., Stateless Persons). Failure to register resulted in deprivation of services, such as diplomas for high school level studies, access to universities, access to formal employment, and civil documentation and protection.

Education: The government provided free public education to citizen children from primary school through university. Education is compulsory for all children between the ages of six and 12. Noncitizen children could also attend public schools at no cost but required permission from the Ministry of Education.

The conflict increasingly hampered the ability of children to attend school. OCHA estimated that citizens could not use one in four schools because they were damaged, destroyed, or in use as shelters for IDPs or for military purposes. According to UNICEF, 52,500 teachers had left their posts in the first four years of the conflict. It also estimated that 2.4 million schoolchildren between the ages of three and 17 were no longer attending school. Societal pressure for early marriage and childbearing interfered with girls’ educational progress, particularly in rural areas, where dropout rates for female students remained high.

According to several reports, Da’esh segregated classrooms (including teachers) by gender, dismissed students for dress code violations, imposed its curriculum on teachers, and closed private schools and educational centers. According to local sources, Da’esh forces prevented young women in Raqqa governorate from traveling to complete their university exams. Da’esh also banned several basic education subjects, such as chemistry.

While Palestinians and other noncitizens, including stateless Kurds, could generally send their children to school and universities, stateless Kurds were ineligible to receive a degree documenting their academic achievement.

Child Abuse: The country lacked a formal law protecting children from abuse. There were reports of government forces sexually assaulting, torturing, detaining, and killing children (see sections 1.a., 1.b., 1.c., and 1.g.). HRW reported that government teachers and principals interrogated and, in some cases, beat students who expressed antigovernment sentiments. Additionally, the United Nations, HRW, and local news sources reported that government forces used children as human shields.

Da’esh subjected children to extremely harsh punishments, including execution (see section 1.g.).

Early and Forced Marriage: The legal age for marriage is 18 for men and 17 for women. A boy or girl who is 15 or older may marry if a judge deems both parties willing and “physically mature,” and if the fathers or grandfathers of both parties consent. Although underage marriage declined considerably in past decades, it was common and occurred in all communities, albeit in greater numbers in rural and less developed regions. The media and NGOs reported that early marriage, particularly among girls, increased among Syrian refugee populations.

Da’esh systematically abducted and sexually exploited Yezidi girls in Iraq and transported them to Syria for systematic rape and forced marriage (see section 1.g. and section 6, Women).

Female Genital Mutilation/Cutting: See Women above.

Sexual Exploitation of Children: The age of sexual consent, in accordance with the law, is 15. Premarital sex is illegal, but observers reported authorities did not enforce the law. Rape of a child under the age of 15 is punishable by up to 21 years in prison. There were no reports of government prosecution of child rape cases.

Media and NGOs claimed that sexual exploitation of girls under the age of 15 remained widespread. In refugee communities some families reportedly prostituted young women and girls due to economic desperation. There were also reports that local government officials and aid workers sexually exploited women and girls in refugee camps.

The penal code stipulates penalties for those found guilty of certain forms of child abuse associated with trafficking crimes, including kidnapping and forced prostitution, both of which carry a penalty of up to three years in prison. The law considers child pornography a trafficking crime, but the penalties for child pornography were set at the local level with “appropriate penalties.” It was also unclear if there had been any prosecutions for child pornography or if the law was enforced.

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

Anti-Semitism

NGOs estimated fewer than 20 Jews remained in the country. According to the media and the Syrian American Council, in 2014 government forces destroyed the Eliyahu Hanabi synagogue, the country’s oldest, in an artillery attack on Jobar, a rebel-held neighborhood in Damascus. Government and opposition forces accused each other of burning and looting the Jobar synagogue.

The national school curriculum did not include materials on tolerance education or the Holocaust.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with disabilities and seeks to integrate them into the public-sector workforce, but the government did not effectively enforce these provisions. The law protects persons with disabilities from discrimination in education, access to health care, or provision of other state services, and it reserves 4 percent of government-sector jobs and 2 percent of private-sector jobs for persons with disabilities. Private businesses are eligible for tax exemptions after hiring persons with disabilities. The law does not address specific disabilities. Syria ratified the Convention on the Rights of Persons with Disabilities (CPRD) and the CPRD’s optional protocol that include language regarding prohibition of discrimination against persons with physical, sensory, intellectual, and mental disabilities. They also include language on protecting persons with disabilities from discrimination in air travel and other transportation, as well as in the judicial system. There is no indication that the laws were amended to reflect protections contained in the CPRD and the optional protocol.

Authorities did not fully document the number of persons with disabilities, but the conflict negatively affected persons with disabilities and increased their numbers through injuries. The SNHR reported the deaths of hundreds of citizens with pre-existing health conditions who could not access medical facilities due to conflict-related travel restrictions, including both government and extremist checkpoints. In other instances, government blockades prevented the movement of medical supplies and persons to opposition-held areas and prevented persons with medical needs from seeking appropriate treatment.

The government did not effectively work to provide access for persons with disabilities to buildings, communication, or information. Along with their peers, the conflict increasingly hampered the ability of children with disabilities to attend primary and secondary school in addition to seeking higher education.

The Ministry of Social Affairs and Labor is responsible for assisting persons with disabilities and worked through dedicated charities and organizations to provide assistance.

National/Racial/Ethnic Minorities

As in previous years, the government actively restricted national and ethnic minorities from conducting traditional, religious, and cultural activities. The Kurdish population, citizens and noncitizens, faced official and societal discrimination and repression as well as government-sponsored violence. Government forces arrested, detained, and reportedly tortured numerous Kurdish activists during the year.

The government continued to limit the use and teaching of the Kurdish language. It also restricted publication of books and other materials in Kurdish, Kurdish cultural expression, and at times the celebration of Kurdish festivals. Authorities continued enforcement of a 2009 government rule requiring that at least 60 percent of the words on signs in shops and restaurants be in Arabic (see section 2.a.).

Clashes between Kurdish groups and Da’esh continued during the year. In April residents of Tal Abyad accused Kurdish forces of forcing them out of the town after liberating it in 2015 from Da’esh. Some media and local human rights activists reported that residents in Manbij raised similar concerns after the Syrian Democratic Forces (composed mostly of Kurdish fighters) liberated the city in August.

The Alawite community, to which Bashar Asad belongs, enjoyed privileged status throughout the government and dominated the state security apparatus and military leadership. Nevertheless, the government reportedly also targeted Alawite opposition activists for arbitrary arrest, torture, detention, and killing. Extremist opposition groups targeted Alawite communities on several occasions for their perceived progovernment stance.

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

The penal code prohibits homosexual relations, defined as “carnal relations against the order of nature,” and provides for at least three years’ imprisonment for violations. The law specifically criminalizes any sexual act that is “contrary to nature.” In previous years police used this charge to prosecute lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. There were no reports of prosecutions under the law during the year, although NGO reports indicated the government arrested dozens of gay men and lesbians over the past several years on charges, such as abusing social values; selling, buying, or consuming illegal drugs; and organizing and promoting “obscene” parties.

Although there were no known domestic NGOs focused on LGBTI matters, there were several online networking communities, including an online LGBTI-oriented magazine. Human rights activists reported there was overt societal discrimination based on sexual orientation and gender identity in all aspects of society. There were also reports of extremist groups threatening LGBTI activists.

Local media reported numerous instances in which security forces used accusations of homosexuality as a pretext to detain, arrest, and torture civilians. The frequency of such instances was difficult to determine, since police rarely reported their rationale for arrests. Furthermore, social stigma prevented many victims of such abuse from coming forward, even when accusations were false. In previous years photographs and videos appeared showing Da’esh pushing men suspected of “being gay” from rooftops in Raqqa governorate or stoning them to death. According to Outright International, on May 7, Da’esh’s media office issued a “photo report about the imposition of sharia punishment” on those suspected of belonging to the LGBTI community. The photographs included images of a boy pushed from the top of a building.

HIV and AIDS Social Stigma

There were no reports of violence or discrimination against persons with HIV/AIDS, but human rights activists believed such cases were widely underreported. The government, World Bank, and World Health Organization did not maintain current data on the number of persons infected with HIV/AIDS living in the country. Observers, however, expected the HIV/AIDS rate of infection to rise with increased sexual violence in the country.

a. Freedom of Association and the Right to Collective Bargaining

While the law provides for the right to form and join unions, conduct legal labor strikes, and bargain collectively, there were excessive restrictions on these rights. The law prohibits antiunion discrimination, but the law also allows employers to fire workers at will.

The law requires all unions to belong to the government-affiliated General Federation of Trade Unions (GFTU). Restrictions on freedom of association also included fines and prison sentences for illegal strikes. The government could impose forced labor as punishment on individuals who caused “prejudice to the general production plan.” The law prohibits strikes involving more than 20 workers in certain sectors, including transportation and telecommunication, or strike actions resembling public demonstrations.

The law requires that government representatives be part of the bargaining process in the public sector, and the Ministry of Social Affairs and Labor could object to, and refuse to register, any agreements concluded. The labor code and relevant protections do not apply to workers covered under the civil service law, under which employees neither have nor considered to need collective bargaining rights. The labor code does not apply to foreign domestic servants, agricultural workers, NGO employees, or informal-sector workers. There are no legal protections for self-employed workers, although they comprised a significant proportion of the total workforce. Foreign workers may join the syndicate representing their profession but may not run for elected positions, with the exception of Palestinians, who may serve as elected officials in unions.

The government did not enforce applicable laws effectively or make any serious attempt to do so during the year.

The Baath Party dominated the GFTU, and Baath Party doctrine stipulates that its quasi-official constituent unions protect worker rights. The GFTU president was a senior member of the Baath Party, and he and his deputy could attend cabinet meetings on economic affairs. In previous years the GFTU controlled most aspects of union activity, including which sectors or industries could have unions. It also had the power to disband union governing bodies. Union elections were generally free of direct GFTU interference, but successful campaigns usually required membership in the Baath Party. Because of the GFTU’s close ties to the government, the right to bargain collectively did not exist in practical terms. Although the law provides for collective bargaining in the private sector, past government repression dissuaded most workers from exercising this right.

There was little information available on employer practices with regard to antiunion discrimination. Unrest and economic decline during the year caused many workers to lose their private-sector jobs, giving employers the stronger hand in disputes.

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor, and such practices existed. For example, authorities can sentence convicted prisoners to hard labor, although according to the International Labor Organization (ILO), authorities seldom enforced such a sentence. There was little information available on government efforts to enforce relevant laws during the year.

The PYD-affiliated Kurdish security forces reportedly captured unknown numbers of men and women between the ages of 18 and 30 at checkpoints and from residences in Kurdish areas and compelled them to fight for the YPG. Extremist fighters, including Da’esh, reportedly forced, coerced, or fraudulently recruited some foreigners, including migrants from Central Asia, children, and western women to join them.

Syria was a destination and transit country for women and children trafficked for commercial sexual exploitation and forced labor. Penalties for trafficking specify a minimum of seven years in prison and a fine of one to three million pounds ($4,654 to $13,963). The government did not fully comply with the minimum standards for the elimination of trafficking and was not making significant efforts to do so.

Following the February 2015 Da’esh incursion into Assyrian villages in al-Hasakah, Da’esh captured approximately 230 Assyrian Christians, forcing several women into sexual slavery. All appeared to have been freed as of February. Da’esh also abducted thousands of Yezidi women and girls from Iraq and forcibly brought them to Syria, where they experienced systematic rape, forced marriage, domestic servitude, and sexual violence. According to the COI, Da’esh restricted medical professionals’ work and in some cases forced doctors to stop working in public hospitals or private clinics and instead work for Da’esh to treat its combatants.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The labor law provides for the protection of children from exploitation in the workplace. The minimum age for most types of nonagricultural labor is 15 or the completion of elementary schooling, whichever occurs first, and the minimum age for employment in industries with heavy work is 17. Parental permission is required for children younger than 16 to work. Children under 18 may work no more than six hours a day and may not work overtime or during night shifts, weekends, or on official holidays. The law specifies that authorities should apply “appropriate penalties” to violators. Restrictions on child labor do not apply to those who work in family businesses and do not receive a salary.

There was little publicly available information on enforcement of child labor laws. The government generally did not make significant efforts to prevent or eliminate child labor. Independent information and audits regarding government enforcement were not available.

Child labor occurred in the country in both informal sectors, such as begging, domestic work, and agriculture, as well as in positions related to the conflict, such as lookouts, spies, and informants. Conflict-related work subjected children to significant dangers of retaliation and violence. Prior to the start of protests in 2011, there was progress in removing children from bonded agricultural labor organizations and street begging schemes, although the outbreak of civil war halted that progress. The ILO noted that Syrian refugee children in places such as Jordan and Lebanon were especially vulnerable to forced labor such as begging, and some children were the sole breadwinners in their families.

The government continued to forcibly recruit and use child soldiers; it also failed to protect and prevent children from recruitment and use by government, armed opposition forces, and designated terrorist organizations such as Da’esh.

Organized begging rings particularly continued to subject children displaced within the country to forced labor. According to UNICEF, six million children were in urgent need of life-saving assistance. UNICEF also reported that fighting destroyed, damaged, or occupied one in every four schools, and more than two million children were out of school. Save the Children and UNICEF reported that more than 75 percent of the country’s households had children working rather than attending school since the civil war began.

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination against persons on the basis of race, color, marital status, belief, political opinion, trade union membership, nationality, descent, or disability. The constitution prohibits discrimination based on gender, although personal status and penal laws continued to discriminate. The constitution does not address discrimination based on sexual orientation, age, or HIV-positive status. Since the government legally prohibits homosexuality (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity), many persons faced discrimination due to their sexual orientation. There were no reports of government activities to encourage participation or prevent discrimination against persons with disabilities. Discrimination in employment and occupation occurred with respect to certain ethnic groups (see section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The law divides the public-sector monthly minimum wage into five levels based on job type or level of education, varying between 9,765 and 14,760 Syrian pounds ($45 to $69) per month. Benefits included compensation for meals, uniforms, and transportation. Most public-sector employees relied on bribery to supplement their income. Private-sector companies usually paid much higher wages, with lower-end wage rates semiofficially set by the government and employer organizations. Many workers in the public and private sectors took additional manual jobs or relied on their extended families to support them.

The public-sector workweek was 35 hours, and the standard private-sector workweek was 40 hours, excluding meals and rest breaks. Hours of work could increase or decrease, based on the industry and associated health hazards. The law provides for at least one meal or rest break totaling no less than one hour per day. Employers must schedule hours of work and rest such that workers do not work more than five consecutive hours or 10 hours per day in total. Employers must provide premium pay for overtime work.

The government set occupational safety and health standards. The labor code includes provisions mandating that employers take appropriate precautions to protect workers from hazards inherent to the nature of work. The law did not protect workers who chose to remove themselves from situations that endangered their health or safety from losing their employment.

The Ministry of Social Affairs and Labor is responsible for enforcing the minimum wage and other regulations pertaining to acceptable conditions of work. The Ministries of Health and of Social Affairs and Labor designated officials to inspect worksites for compliance with health and safety standards. Workers could lodge complaints about health and safety conditions with special committees established to adjudicate such cases. Wage and hour regulations as well as occupational health and safety rules do not apply to migrant workers, rendering them more vulnerable to abuse.

There was little information on government enforcement of labor laws or working conditions during the year. There were no health and safety inspections reported, and even previously routine inspections of tourist facilities such as hotels and major restaurants no longer occurred. The enforcement of labor laws was lax in both rural and urban areas, since many inspector positions were vacant due to the violence. For example, there were only 20 inspectors for the agricultural sector to cover more than 10,000 workplaces. Penalties were not sufficient to deter violations.

Foreign workers, especially domestic workers, remained vulnerable to exploitative conditions. For example, the law does not legally entitle foreign female domestics to the same wages as Syrian domestics. The violence affected foreign workers, some of whom found it difficult to leave the country. The Ministry of Social Affairs and Labor is in charge of regulating employment agencies responsible for providing safe working conditions for migrant domestic workers, but the scope of oversight was unknown. In large cities Asian domestic workers sometimes overstayed their visas and continued to work in the country for years. The continued unrest resulted in the large-scale voluntary departure of foreign workers as demand for services significantly declined.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings.

According to media reports, police in Kryve Ozero allegedly beat a man to death on August 24, after responding to a domestic violence call. Authorities detained four police officers on suspicion of murder. In response, the chief of the National Police disbanded a police station where the killing occurred. On October 2, the detained officers were released on bail; the pretrial investigation continues.

There were also reports of killings by government and Russian-backed separatist forces in connection with the conflict in Luhansk and Donetsk Oblasts (see section 1.g.).

There were reports of politically motivated killings by nongovernment actors.

On July 20, a car bomb in Kyiv killed Belarusian-born journalist, Pavel Sheremet, as he drove in a car belonging to his partner, Olena Prytula. Sheremet, a Russian citizen, worked for Ukrainska Pravda newspaper and Vesti radio station, where he had been critical of Ukrainian, Russian, and Belarusian authorities. Authorities released a video of two individuals placing the device under the car. As of year’s end, the investigation remained open and authorities had made no arrests.

On March 9, Yuriy Hrabovsky, a lawyer representing a detained Russian special forces soldier, Aleksandr Aleksandrov, disappeared in Odesa. On March 25, his body was found in a shallow roadside grave. The killing remained under investigation at year’s end, and authorities had made no arrests.

Human rights organizations and media reported deaths in prisons or detention centers due to torture or negligence by police or prison officers (see section 1.c., Prison and Detention Center Conditions).

Law enforcement agencies continued to investigate killings and other crimes committed during the Euromaidan protests in Kyiv in 2013-14. Human rights groups were critical of the low number of convictions despite considerable evidence. Human rights groups also criticized prosecutors for focusing on low-ranking officials while taking little action to investigate government leaders believed to have been involved. According to the Prosecutor General’s Office, as of mid-November, courts had convicted 45 persons investigated for Euromaidan-related crimes, 152 were on trial, and 190 remained under investigation.

Law enforcement agencies also continued their investigation into the events in Odesa in 2014 in which 48 persons died, including six government supporters and 42 persons who supported more autonomy for regions. Those who supported autonomy died in a fire at the Trade Union Building; authorities largely failed to investigate these deaths, focusing on alleged crimes committed by individuals seeking more autonomy. A Council of Europe report in 2015 found the government’s investigation lacked independence and that the Prosecutor General’s Office and the Ministry of Internal Affairs failed to conduct a thorough, coordinated investigation. On January 15, a group of civil society activists and journalists released a statement expressing their lack of confidence in the investigation by the Prosecutor General’s Office and the Ministry of Internal Affairs, accusing the authorities of sabotaging the investigation to prevent the perpetrators from being brought to justice. On May 4, Odesa police chief, Petro Lutsiuk, was fired from his position, and the Prosecutor General’s Office later charged him with abuse of authority in connection with the events at the trade union building. Court hearings continued through the year’s end.

b. Disappearance

There were multiple reports of politically motivated disappearances, particularly in relation to the conflict between the government and combined Russian and separatist forces in the Donbas region and by Russian occupation authorities in Crimea (see section 1.g., Crimea subsection).

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

Although the constitution and law prohibit torture and other cruel punishment, there were reports that law enforcement authorities engaged in such abuse. While courts cannot legally use as evidence in court proceedings confessions and statements under duress made to police by persons in custody, there were reports that police and other law enforcement officials abused and, at times, tortured persons in custody to obtain confessions.

In the Donbas region, there were reports that government and progovernment forces engaged in military operations at times committed human rights abuses, including torture. There were reports that Russian-backed separatist forces in the self-proclaimed “people’s republics” of Donetsk and Luhansk systematically committed numerous abuses, including torture, to maintain control or for personal financial gain. According to international organizations and nongovernmental organizations (NGOs), abuses included beatings, forced labor, psychological and physical torture, public humiliation, and sexual violence (see section 1.g.).

In a July joint report, Amnesty International (AI) and Human Rights Watch (HRW) highlighted allegations of the use of torture at SBU detention sites, including beatings, starvation, and electric shocks.

In its March report, the UN Human Rights Monitoring Mission in Ukraine (HRMMU), under the Office of the UN High Commissioner for Human Rights, gave an undated account of a “profederalism” activist who was allegedly tortured and pressured to sign a confession at an SBU facility in Odesa. The government asserted that such “profederalist” messaging was used by Russia to weaken Ukraine’s central government. The man reported that during interrogation the SBU suffocated him with a plastic bag and beat him. Afterwards, the SBU brought the man to the lobby of the SBU building to witness that authorities had also arrested his son. His son was then brought to a neighboring cell, where the father could hear his son scream as he was abused.

Abuse of prisoners and detainees by police and prison authorities remained a widespread problem. For example, on August 23, 15 staff members of the Chernihiv pretrial detention facility reportedly beat 25-year-old Viktor Kravchenko. After the beating, facility staff placed him in a disciplinary cell and denied his request for medical help. The facility’s administration denied any wrongdoing.

There were reports of hazing in the military. On August 4, the country’s human rights ombudsman sent a letter to the Prosecutor General’s Office and the Ministry of Defense expressing concern about military hazing following the suicide of Vlad Khaisuk, a young soldier serving in a unit stationed in Stanytsia Luhanska. After Khaisuk’s suicide, his parents found videos on Khaisuk’s smartphone of him being hazed and humiliated by other soldiers. The Luhansk Department of the Military Prosecutor’s Office investigated and found no signs of military hazing. At year’s end, however, police in Stanytsia Luhanska were investigating the accident as a homicide.

In its September report, the HRMMU noted that it “continued to document cases of sexual violence, amounting to torture, of conflict-related detainees, both men and women. It includes cases of rape, and threats of rape or other forms of sexual violence towards victims and/or their relatives.” In one example, the HRMMU described a case in March where unidentified members of the security services detained a man, took him to an abandoned building, and interrogated him about the positions of armed groups. When he could not provide information, the perpetrators chained him to a metal cage, took a ramrod, and inserted it into the man’s urethra, causing him severe pain.

During the first nine months of the year, the Prosecutor General’s Office forwarded for prosecution 35 cases specifically alleging torture or degrading treatment involving law enforcement officers.

According to the Ministry of Internal Affairs, during the first nine months of the year, authorities opened 133 criminal cases against police officers for crimes including torture, illegal arrests and searches, and illegal confiscation of property. Of these alleged cases of abuse, five were for alleged torture. Authorities imposed disciplinary actions against 20 officers and fired 10.

Prison and Detention Center Conditions

Prison and detention center conditions remained poor, did not meet international standards, and at times posed a serious threat to the life and health of prisoners. Physical abuse, lack of proper medical care and nutrition, poor sanitation, and lack of adequate light were persistent problems. The Ukrainian Helsinki Human Rights Union maintained that life sentences amounted to slow executions of prisoners because of the poor conditions of their imprisonment.

Physical Conditions: Authorities generally held adults and juveniles in separate facilities, although there were reports that juveniles and adults were not separated in some pretrial detention facilities.

Conditions in police temporary detention facilities and State Penitentiary Service pretrial detention facilities were harsher than in low- and medium-security prisons. Despite a reduction in the number of inmates, overcrowding remained a problem in pretrial detention facilities. Temporary detention facilities often lacked adequate sanitation and medical facilities.

Physical abuse by guards was a problem. For example, according to the Ombudsman’s Office, the staff of the Kryzhopil Correctional Center Number 113 in Vinnytsia Oblast systematically violated prisoners’ rights during the year. Inmates complained to the Ombudsman’s Office about illegal actions of the administration, including systematic beatings, forced and unpaid labor, and lack of medical care. The monitoring team found that a convicted person kept in one of the disciplinary cells tried to commit suicide, which he claimed was due to fear of physical violence by the prison administration. The local prosecutor’s office launched an investigation into the actions of the correctional facility administration.

There were reports of prisoner-on-prisoner violence. For example, on June 6, an inmate of the Shepetivka correctional facility in Khmelnytskyi Oblast died of a traumatic brain injury inflicted by his fellow inmates. The penitentiary service conducted an investigation of the incident.

According to the Association of Independent Monitors and the Human Rights Ombudsman’s Office, authorities failed to protect the lives and human rights of prisoners in areas close to the zone of operation against combined Russian and separatist forces in eastern Ukraine adequately and failed to evacuate staff and inmates in a timely fashion. As of September 1, under the auspices of the Ombudsman’s Office, 17 prisoners incarcerated in territories seized by Russian-backed separatist forces were transferred to penal facilities on government-controlled territory.

The condition of prison facilities and places of unofficial detention in areas held by Russian-backed separatist forces was very poor. According to the Justice for Peace coalition, there was an extensive network of unofficial places of detention in the Donetsk and Luhansk Oblasts located in basements, sewage wells, garages, and industrial enterprises. In most cases the places of detention were not suitable for even short-term detention. There were reports of shortages of food, water, heat, sanitation, and proper medical care.

According to October press reports citing information from the Eastern Human Rights Group, abuse of prisoners was widespread in areas not controlled by the government. Prior to the conflict, more than 5,000 prisoners were held in the part of Luhansk Oblast under the control of Russian-backed separatists. According to the group, prison conditions had deteriorated severely. The groups reported systemic abuses, such as torture, starvation, denial of medical care, and solitary confinement, as well as the extensive use of prisoners as slave labor to produce goods that, when sold, provided a direct source of personal income to Russian-backed separatist leaders.

Administration: Authorities kept records of prisoners in detention, but they were occasionally incomplete. In areas controlled by Russian-backed separatist forces, authorities lacked central record keeping, leading to difficulties for prisoners and arbitrarily held detainees. Human rights groups reported instances in which authorities confiscated prisoners’ identification cards and failed to return them upon their release. Prisoners released by Russian-backed separatists often had no identification. There was no prison ombudsman.

In government-controlled areas, prisoners could file complaints with the Office of the Parliamentary Ombudsman for Human Rights. As of October 1, the ombudsman’s office received 1,114 complaints from prisoners and their relatives throughout the country. The most common complaints were regarding a lack of appropriate living and sanitary conditions; cruel, inhuman, and degrading treatment; public humiliation; limited communication with family members and relatives; unjustified punishment; denial of the right to legal consultation; and denial of the right to submit a complaint about actions of the administration. Prisoners also complained about inadequate medical treatment and precautions. For example, authorities did not isolate prisoners with contagious tuberculosis from other patients.

Although prisoners and detainees may file complaints about conditions in custody with the human rights ombudsman, human rights organizations noted prison officials continued to censor or discourage complaints and penalized and abused inmates who filed them. Rights groups reported that legal norms did not always provide for confidentiality of complaints.

Officials generally allowed prisoners to receive visitors, with the exception of those in disciplinary cells. Prisoner rights groups noted some families had to pay bribes to obtain permission for prison visits to which they are entitled by law.

Independent Monitoring: The government generally permitted independent monitoring of prisons and detention centers by international and local human rights groups. On May 25, the UN Subcommittee on the Prevention of Torture (SPT) suspended its visit to the country after being denied access to places in several parts of the country where it suspected the SBU was illegally depriving individuals of their liberty. On September 5, the SPT resumed its visit and was granted access to the facilities. During the year the Ombudsperson’s Office together with representatives of civil society conducted monitoring visits to penitentiary facilities in 15 oblasts.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but serious problems remained.

AI and HRW reported details of arbitrary secret detentions by the SBU that emerged following the release of 13 persons from an SBU facility in Kharkiv (see section 1.b.). One of those detained, Viktor Ashykhin, was kidnapped from his hometown of Ukrainsk in 2014 and released in July. He told AI that he was moved three times during his 597-day illegal detention to hide him from independent monitors.

The HRMMU, AI, HRW, and other international groups reported numerous unauthorized detentions in areas of Donbas controlled by Russian-backed separatists (see section 1.g.).

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Affairs is responsible for maintaining internal security and order. The ministry oversees police and other law enforcement personnel. The SBU is responsible for all state security, nonmilitary intelligence, and counterintelligence matters. The Ministry of Internal Affairs reports to the Cabinet of Ministers, and the SBU reports directly to the president. The State Fiscal Service exercises law enforcement powers through the tax police and reports to the Cabinet of Ministers. The State Migration Service under the Ministry of Internal Affairs implements state policy regarding border security, migration, citizenship, and registration of refugees and other migrants.

Civilian authorities generally had control over law enforcement agencies but rarely took action to punish abuses committed by security forces.

Impunity for abuses by law enforcement remained a significant problem frequently highlighted by the HRMMU in its reports and by other human rights groups. In its September report, the HRMMU attributed the problem to “pressure on the judiciary, [and] inability and unwillingness of the Office of the Prosecutor General and Office of the Military Prosecutor to investigate” abuses. The HRMMU also noted that authorities were unwilling to investigate allegations of torture, particularly when victims were detained on grounds related to national security or were seen as proseparatist.

While authorities sometimes brought charges against members of the security services, cases often remained under investigation without being brought to trial, while authorities allowed alleged perpetrators to continue their work. Additionally, human rights groups criticized the lack of progress in investigations of alleged crimes in areas retaken by Ukraine from Russian-backed separatists, resulting in continuing impunity for these crimes. In particular, investigations of alleged crimes committed by Russian-backed separatist forces in Slovyansk and Kramatorsk in 2014 appeared stalled. Human rights groups believed that many of the local law enforcement personnel in both cities collaborated with Russian-backed separatists when they controlled these cities.

Under the law members of the Verkhovna Rada have authority to conduct investigations and public hearings into law enforcement problems. The human rights ombudsman may also initiate investigations into abuses by security forces.

Security forces generally prevented or responded to societal violence. At times, however, they used excessive force to disperse protests and, in some cases, failed to protect victims from harassment or violence. For example, on September 1, approximately 100 persons attacked a camp of peaceful demonstrators near the Odesa City Council on Dumska Street. The attackers pushed protesters from the square using fire extinguishers and tear gas and destroyed their camp. A few protesters were injured and hospitalized. According to witnesses, police watched and did nothing to prevent the clashes.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

By law authorities may detain a suspect for three days without a warrant, after which time a judge must issue a warrant authorizing continued detention. Authorities in some cases detained persons for longer than three days without a warrant.

Prosecutors must bring detainees before a judge within 72 hours, and pretrial detention should not exceed six months for minor crimes and 12 months for serious ones. Persons have the right to consult a lawyer upon their detention. According to the law, prosecutors may detain suspects accused of terrorist activities for up to 30 days without charges or a bench warrant. Under the law citizens have the right to be informed of the charges brought against them. Authorities must promptly inform detainees of their rights and immediately notify family members of an arrest. Police often did not follow these procedures. Police at times failed to keep records or register detained suspects, and courts often extended detention to allow police more time to obtain confessions. Authorities kept suspects under house arrest and occasionally held them incommunicado, in some instances for several weeks.

Under the law the government must provide attorneys for indigent defendants. Compliance was inconsistent because of a shortage of defense attorneys or because attorneys, citing low government compensation, refused to defend indigent clients. According to the Ministry of Justice, 60,500 persons received free legal aid. As of September 1, there were 550 points of access to free legal aid throughout the government-controlled areas of the country.

The law provides for bail, but many defendants could not pay the required amounts. Courts sometimes imposed travel restrictions as an alternative to pretrial confinement. Under the criminal procedure code, prosecutors need a court order to impose travel restrictions on persons awaiting trial. Prosecutors must prove the restrictions are the minimum needed to ensure that suspects will appear at hearings and not interfere with criminal proceedings.

Arbitrary Arrest: The HRMMU reported a pattern of arbitrary detention by authorities. In its September report, the HRMMU reported that the SBU apprehended a married couple in Odesa and reportedly held the couple incommunicado at an SBU compound for 20 hours before recording their detention. SBU also reportedly subjected them to threats, sleep deprivation, interrogation without a lawyer present, and denied requests for legal counsel.

The HRMMU expressed concern over mass arrests in government-controlled portions of Donetsk and Luhansk Oblasts. These oblasts are subject to the Law on Combatting Terrorism, which allows authorities to make arrests with a lower standard of proof than allowed under the criminal procedure code, leading in some cases to arbitrary arrest. For example, in its March report, the HRMMU cited SBU raids, conducted in December 2015 in Krasnohorivka and Avdiivka in Donetsk oblast, in which authorities detained hundreds of persons for several hours for questioning about alleged affiliation with armed groups. Authorities subsequently released most detainees.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Under the law citizens have the right to challenge an arrest in court or by appeal to a prosecutor to obtain prompt release in cases of unlawful detention.

Protracted Detention of Rejected Asylum Seekers or Stateless Persons: Authorities frequently detained asylum seekers for extended periods without court approval. They also regularly detained asylum seekers prior to their deportation (see section 2.d.).

e. Denial of Fair Public Trial

While the constitution provides for an independent judiciary and the Verkhovna Rada passed a judicial reform package in June, courts were inefficient and remained vulnerable to political pressure and corruption. Confidence in the judiciary remained low.

On June 2, parliament adopted amendments to the constitution regarding the judiciary. The amendments give new powers to the High Council of Justice, stipulate that the majority of High Council members must be judges, and authorize the High Council to make decisions on the election, dismissal, transfer, promotion, and immunity of judges. Parliament and the president no longer have decisive roles in these processes, which limit potential interference with the judiciary. Certain provisions will be implemented gradually. For example, the president retains the right to decide on the transfer of judges for two years.

On September 30, the Law on Judiciary and Status of Judges came into effect, facilitating the implementation of the above constitutional amendments. The law introduces a three-tier system of courts, with the Supreme Court as the highest judicial body, holding the authority to rescind lower courts’ judgments. The law provides for wider civil society engagement in the selection and assessment of judges through a new consultative body called the Public Integrity Council. The law allows anyone to initiate disciplinary proceedings against a judge before the High Council of Justice and imposes anticorruption measures on judges.

As of October 1, the Prosecutor General’s Office had brought 16 criminal cases against judges to court.

Judges continued to complain about weak separation of powers between the executive and judicial branches of government. Some judges claimed that high-ranking politicians pressured them to decide cases in their favor, regardless of the merits. Other factors impeded the right to a fair trial, such as lengthy court proceedings, particularly in administrative courts, inadequate funding, and the inability of courts to enforce rulings. According to the human rights ombudsman, authorities fully executed only 40 percent of court rulings.

There were reports of intimidation and attacks against lawyers representing defendants considered “pro-Russian” or “proseparatist.” For example, on January 26 in Kharkiv, an unoccupied car belonging to lawyer Oleksandr Shadrin exploded. Shadrin had been working on a number of high-profile cases involving “proseparatist” defendants. On January 29, the Ukrainian Bar Association issued an open letter of concern about the incident involving Shadrin’s car as well as other cases in which the safety of attorneys was threatened. In a similar incident on February 2 in Kyiv, an unoccupied car belonging to another lawyer, Andriy Fedur, exploded. Fedur had been defending the accused murderers of journalists Oles Buzyna and Heorgiy Gongadze.

TRIAL PROCEDURES

A single judge decides most cases, although two judges and three public assessors who have some legal training hear trials on charges carrying the maximum sentence of life imprisonment. The law provides for cross-examination of witnesses by both prosecutors and defense attorneys and for plea bargaining.

The law presumes defendants are innocent, and they cannot be legally compelled to testify or confess, although high conviction rates called into question the legal presumption of innocence. Defendants have the right to be informed promptly and in detail of the charges against them, with interpretation as needed; to a public trial without undue delay; to be present at their trial, to communicate privately with an attorney of their choice (or one provided at public expense); and to have adequate time and facilities to prepare a defense. The law also allows defendants access to government-held evidence, to confront witnesses against them, to present witnesses and evidence, and the right to appeal. The law applies to all defendants regardless of ethnicity, gender, or age.

Trials are open to the public, but some judges prohibited media from observing proceedings. While trials must start no later than three weeks after charges are filed, prosecutors seldom met this requirement. Human rights groups reported that officials occasionally monitored meetings between defense attorneys and their clients.

POLITICAL PRISONERS AND DETAINEES

On May 12, an Ivano-Frankivsk court sentenced blogger Ruslan Kotsaba to three-and-a-half years in prison, on charges that he had impeded the work of the armed forces with his calls to ignore the military draft. Authorities arrested Kotsaba in 2015, and human rights groups deemed him a political prisoner. The court dropped a more serious charge of treason. On July 24, an appeals court overturned the conviction, freeing Kotsaba after 18 months in detention.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The constitution and law provide for the right to seek redress for any decisions, actions, or omissions of national and local government officials that violate citizens’ human rights. An inefficient and corrupt judicial system limited the right of redress. Individuals may also file a collective legal challenge to legislation they believe may violate basic rights and freedoms. Individuals may appeal to the human rights ombudsman at any time and to the European Court of Human Rights after exhausting domestic legal remedies.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, but there were reports authorities generally did not respect the prohibitions.

By law the SBU may not conduct surveillance or searches without a court-issued warrant. In practice, however, law enforcement agencies sometimes conducted searches without a proper warrant. In an emergency authorities may initiate a search without prior court approval, but they must seek court approval immediately after the investigation begins. Citizens have the right to examine any dossier in the possession of the SBU that concerns them; they have the right to recover losses resulting from an investigation. Because there was no implementing legislation, authorities generally did not respect these rights, and many citizens were not aware of their rights or that authorities had violated their privacy.

On October 28, the newspaper Ukrainska Pravda published an open appeal to the president and heads of the SBU, the National Police, and the Ministry of Internal Affairs. The appeal concerned recordings the newspaper received from an anonymous source, which indicated that its journalists and editors had been under SBU surveillance at the request of high-level officials in late 2015 and possibly beyond. The newspaper demanded to know why, how, and on whose authority the surveillance had taken place. The official SBU response said that national security legislation prohibited the disclosure of information sought by Ukrainska Pravda.

Russia controls the level of violence in eastern Ukraine, intensifying the conflict when it suits its political interests, while largely ignoring the September 2014 ceasefire and subsequent attempts to reestablish the ceasefire agreed to by all sides. Russia has continued to arm, train, lead, and fight alongside separatists, and Russian-backed separatists have methodically obstructed and threatened international monitors throughout the conflict, who do not have the access necessary to record systematically ceasefire violations or abuses committed by separatist authorities or combined Russian-separatist forces.

International organizations and NGOs, including AI, HRW, and the UN Office of the High Commissioner for Human Rights (UNHCR) issued periodic reports of human rights abuses committed in the Donbas region by combined Russian-separatist and by government forces. As of August 17, the Organization for Security and Cooperation in Europe (OSCE) fielded 1,102 persons supporting a special monitoring mission, which issued daily reports on the situation and conditions in most major cities.

As of September 15, the HRMMU reported that fighting had killed at least 9,578 persons, including civilians, government armed forces, and members of armed groups. This figure included the 298 passengers and crew on board Malaysian Airlines flight MH-17, which was shot down in 2014 over the Donbas region. Additionally, more than three million residents have left areas of Donetsk and Luhansk Oblasts controlled by Russian-backed separatists since the start of the conflict. As of November 15, the Ministry of Social Policy had registered 1.7 million IDPs, although civil society groups believed the actual number to be lower. According to UNHCR there were approximately 1.4 million Ukrainian refugees in other countries, including approximately one million in the Russian Federation.

Media and human rights groups continued to report widespread human rights abuses in areas held by Russian-backed separatist forces. The HRMMU noted a “collapse of law and order” in such areas as well as “serious human rights abuses,” including killings and torture.

Killings: A May 4 special HRMMU report on “extrajudicial, summary, or arbitrary executions” occurring in the context of the conflict in eastern Ukraine expressed strong concern about both sides’ use of “inherently indiscriminate weapons, such as cluster munitions and landmines.” The HRMMU noted in its September report the “widespread practice” by both sides of “engaging in hostilities from residential areas, with civilians suffering the impact of return fire.” For example, on August 24, in the government-controlled area of Donetsk Oblast, a woman in the village of Zolote-4 died while lying in bed, when Russian-backed separatist forces fired on the village.

The HRMMU, the OSCE Special Monitoring Mission, and human rights groups did not report any extrajudicial killings by government forces during the year in connection with the conflict. Several cases from previous years remained under investigation.

There were no reports by the HRMMU or human rights organizations of extrajudicial killings of civilians by combined Russian-separatist forces during the year, although the press reported several instances. The HRMMU identified unreported cases of extrajudicial killings from previous years that authorities had not yet investigated.

According to press reports, on July 20, three drunken members of the Russian-backed separatist “7th separate motorized rifle brigade” robbed, then shot and killed a resident of the village of Komsomolsk, Luhansk Oblast. Russian-backed separatist authorities reportedly dismissed the men from their positions to conceal their involvement in the killing.

On February 17, a video appeared on the internet showing a Russian fighter code-named “Olkhon” whipping Donbas resident, Alexei Frumkin, with an electrical cord while Frumkin was tied to a post. The combined Russian and separatist battalion that released the video claimed that “Olkhon” killed Frumkin immediately after the video was shot. According to press reports, Frumkin had supported Russian-backed separatists but had vanished in the autumn of 2014, and his fate had been unknown until the video was released. It is unknown when the video was recorded.

In its June report, the HRMMU noted that “since mid-April 2014, up to 2,000 civilians have been killed in armed hostilities, mostly as a result of indiscriminate shelling of populated areas…. Dozens of individuals were subjected to summary executions and killings, or died of torture and ill-treatment in custody. Hundreds of persons remained missing–either in secret detention or, most likely, killed–with their bodies pending recovery or identification.” According to Iryna Herashchenko, Ukrainian representative to the humanitarian subgroup of the Trilateral Contact Group, 498 persons, including 347 civilians, were missing in Donbas in August. Human rights groups criticized the government for not keeping an effective database of missing persons. Russian-backed separatists had no such system and no effective means of investigating missing persons cases. According to human rights groups, approximately 1,000 bodies in government-controlled cemeteries and morgues, both military and civilian, remained unidentified as a result of fighting, mostly from 2014. According to the HRMMU, government authorities lacked coordination among law enforcement bodies in determining the whereabouts of missing persons and the identification of remains.

Abductions: Government forces, Russian-backed-separatist forces, and criminal elements engaged in abductions. The HRMMU noted a pattern of arbitrary and incommunicado detention by government law enforcement bodies (mainly by the SBU) and by military and paramilitary units, first and foremost by the former volunteer battalions now formally incorporated into the security services.

In its reports, the HRMMU repeatedly expressed concern about reports of enforced disappearances and “unacknowledged detention” practiced by the Security Service of Ukraine (SBU). On July 21, HRW and AI released a report, You Don’t Exist, which documented nine alleged cases of enforced disappearances by the SBU at alleged secret detention facilities in Kharkiv, Kramatorsk, Izyum, and Mariupol. The report highlighted the case of Konstantin Beskorovayni, a local official from the town of Konstantinovka, Donetsk Oblast. Beskorovayni was allegedly subjected to enforced disappearance by the SBU, beaten and threatened during an interrogation, and held incommunicado for 15 months at an SBU facility in Kharkiv before being released on February 24 on the condition that he not speak about his detention. During his detention SBU officials repeatedly denied to Beskorovayni’s family and human rights organizations that he was in SBU custody.

On August 28, HRW and AI released a statement in which they said that, since their initial report in July, 13 individuals had been released from the SBU facility in Kharkiv. The NGOs believed that at least five persons remained confined at the site. They noted that, once individuals had been released, local police simply closed their “missing persons” cases without further investigation.

Human rights groups reported that Russian-backed separatists routinely kidnapped persons for political purposes, to settle vendettas, or for ransom. HRW reported the arbitrary detentions of civilians by Russian-backed separatist forces, “which operate without any checks and balances.” The HRMMU noted in its September report that these kidnappings were “spreading fear among civilians, in particular because of the arbitrary nature of abductions.” The HRMMU also documented an increase in disappearances at checkpoints controlled by Russian-backed separatist forces. For example, on May 27, a former armed group member went missing in Novoluhanske, while travelling from government-controlled territory, where he had been detained by government forces. His mother later found that Russian-backed separatists had detained him at a checkpoint, transported him to Horlivka, and later transferred him to “police custody” in Donetsk. On July 4, “police” told her that they no longer held her son. She has since been unable to ascertain his fate or whereabouts.

On January 27, Russian-backed separatists abducted religious historian and president of the Center for Religious Studies and International Spiritual Relations, Ihor Kozlovsky, allegedly in retaliation for his pro-Ukrainian postings on social media. According to Kozlovsky’s wife, the abductors confiscated keys to his apartment, which they then searched twice, removing equipment, documents, and a valuable collection of antique objects. According to local media, as of late November, Kozlovsky was being held in one of the separatists’ informal detention centers in Donetsk.

Russian-backed separatists also abducted journalists attempting to cover the conflict. On March 3, they released abducted pro-Ukrainian journalist, Maria Varfolomeyeva, in a prisoner exchange after 14 months of captivity in Luhansk.

The politically motivated trial in Russia of Nadiya Savchenko, a military pilot and member of the Verkhovna Rada abducted from eastern Ukraine in 2014, ended in March with a guilty verdict and a 22-year prison sentence. On May 25, after almost two years of detention, Russian authorities exchanged Savchenko for two Russian soldiers (see section 1.e., Political Prisoners and Detainees, of the Country Reports on Human Rights for Russia).

Physical Abuse, Punishment, and Torture: Government and Russian-backed separatist forces reportedly abused and tortured civilians and soldiers in detention facilities. Reported abuses included beatings, physical and psychological torture, mock executions, sexual violence, deprivation of food and water, refusal of medical care, and forced labor.

The HRMMU received reports that government forces committed human rights violations, allegedly including forced deprivation of liberty and torture.

In its September report, the HRMMU noted that in the three-month reporting period reflected in the report, approximately 70 percent of cases documented by OHCHR contained allegations of torture, mistreatment, and incommunicado detention by SBU and other security forces prior to transfer into the criminal justice system. The September report did not provide data on the total number of such cases.

There were reports that Russian-backed separatist forces systematically committed numerous abuses, including torture, in the territories under their control. According to international organizations and NGOs, abuses included beatings, forced labor, psychological and physical torture, public humiliation, and sexual violence.

The HRMMU expressed repeated concern about reports of torture taking place in detention facilities controlled by Russian-backed separatists, to which they did not have access, and noted that reports of torture often surfaced long after the abuses had allegedly taken place. For example, the HRMMU’s June report documented multiple new accounts of mock executions, severe beatings, and intentional deprivation of medical care from 2015. On September 23, in connection with the SPT’s second visit to Ukraine, the SBU published a set of interviews with 11 individuals who alleged that they had been tortured while in the custody of Russian-backed separatists. The SBU also published a list of eight alleged torture sites in Donbas that it reported were controlled by Russian-backed separatists.

The HRMMU continued to document cases on both sides of the line of contact of sexual and gender-based violence of conflict-related detainees, both men and women. In its December report, the HRMMU noted: “In addition to a continuing pattern of sexual violence occurring in conflict-related detention, OHCHR documented cases that indicate the sexual violence and harassment of young women at government-controlled entry/exit checkpoints along the contact line.”

According to the Justice for Peace in Donbas human rights coalition, individuals held in illegal detention facilities in territories controlled by Russian-backed separatists reported cases of gender-based violence, in particular rape, attempted rape, and sexual abuse.

The HRMMU was unable to obtain first-hand accounts of sexual violence in such areas but reported that it had received multiple secondary accounts. For example, a man detained by militants between March and April in an area of Donetsk controlled by Russian-backed separatists told the HRMMU about two women who were reportedly abducted at a checkpoint when coming from government-controlled territory and incarcerated in a room next to his. The detainee heard armed men harassing the women and attempting to rape them; two days later the women were relocated. Their identities or whereabouts were unknown to the interviewee.

Both sides employed land mines without measures to prevent civilian casualties. The HRMMU reported in June that “mines contaminate large areas of agricultural land in east Ukraine, often in areas which are poorly marked, near roads and surrounding civilian areas. This has resulted in civilians being killed and maimed, often while walking to their homes and fields. These risks are particularly acute for persons living in towns and settlements near the contact line, as well as the 23,000 people” who crossed the contact line every day between February and May.

According to the NGO Donbas SOS, approximately 27 square miles of territory in Donetsk and Luhansk Oblasts were in need of humanitarian demining. According to the Ministry of Defense, since the start of the conflict, 150 civilians have been killed and 500 injured by mines and other ordnance in the conflict zone.

Child Soldiers: There were no media reports of child soldiers serving with government forces, and the UN Children’s Fund (UNICEF) could not confirm the presence of child soldiers in the country. There were media reports that government authorities had detained 17 persons between the ages of 15 and 18 who had fought with Russian-backed separatist forces since the beginning of the conflict in 2014. Russian-backed separatist news sources continued to cite the voluntary recruitment of children as young as 12 into the armed groups. In a January 22 interview in the newspaper Dzerkalo Tizhdnya, the head of the SBU’s Antiterrorism Center, Vitaliy Malykov, described the Russian-backed separatist St. George the Victor battalion, in which he alleged that children between the ages of 12 and 16 were serving.

A three-month-long study by the Justice for Peace in Donbas coalition found that Russian aggression in Donbas has significantly increased the risk of children participating in armed conflict. The group’s analysis of open sources and interviews revealed 41 individual cases of recruitment of children into armed formations. Of these, most were boys 16 to 17 years old participating in armed formations in territories of the Donetsk and Luhansk regions controlled by Russian-backed separatists.

Other Conflict Related Abuses: On September 28, a team of prosecutors from the Netherlands, Australia, Belgium, Malaysia, and Ukraine presented the results of their investigation of the 2014 downing of Malaysian Airlines Flight MH-17. The Dutch-led investigation concluded that the surface-to-air missile system used to shoot down the airliner over Ukraine, killing all 298 persons on board, was trucked in from Russia at the request of Russian-backed separatists and returned to Russia the same night. The report largely confirmed the already widely documented Russian government role in the deployment of the missile system, a Buk or SA-11, and the subsequent cover-up. In the report Dutch prosecutors traced Russia’s role in deploying the missile system into Ukraine and its attempt to hide its role after the disaster.

In 2015 government authorities introduced measures to expedite the delivery of humanitarian aid to areas controlled by Russian-backed separatist forces. Russian-backed separatists in Donetsk Oblast, however, sharply restricted government humanitarian aid as well as aid from international humanitarian organizations. As a result persons remaining in territories held by Russian-backed separatists experienced large price increases for everyday consumables, especially meat and fresh vegetables. Human rights groups reported severe shortages of medicine and medical supplies in territory not controlled by the government.

Russian-backed separatists continued to receive convoys of Russian “humanitarian aid,” which Ukrainian government officials believed contained weapons and supplies for combined Russian and separatist forces.

On February 11, HRW released a report, Studying under Fire, documenting “attacks on schools on both sides of the line of contact and the use of schools by both sides for military purposes, which has turned schools into legitimate military targets.” The report also described 15 attacks on operating schools that were not being used as positions by the military.

Treatment for persons living with HIV and tuberculosis was disrupted in the east of the country where fighting interrupted crucial medical supplies. More than 6,000 persons living with HIV in the region struggled with a shortage of medicine and doctors.

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and press, but authorities did not always respect these rights. The government introduced measures that banned or blocked information, media outlets, or individual journalists deemed a threat to national security or who expressed positions that authorities believed undermined the country’s sovereignty and territorial integrity.

Other problematic practices continued to affect media freedom, including self-censorship, so-called jeansa payments to journalists for favorable news reports disguised as objective journalism, and slanted news coverage by media whose owners had close ties to the government or opposition political parties.

In the Donbas region, Russian-backed separatists suppressed freedom of speech and the press through harassment, intimidation, abductions, and assaults on journalists and media outlets. They also prevented the transmission of Ukrainian and independent television and radio programming in areas under their control.

Freedom of Speech and Expression: With some exceptions, individuals in areas not under Russian occupation or Russian-backed separatist control could generally criticize the government publicly and privately and discuss matters of public interest without fear of official reprisal. The law criminalizes the display of communist and Nazi symbols, although there have been no prosecutions.

The law prohibits statements that threaten the country’s territorial integrity, promote war, instigate racial or religious conflict, or support Russian aggression towards Ukraine.

On September 15, the National Television and Radio Council issued a warning to Kherson-based radio station AKS for statements suggesting that Crimean Tatars were involved in terrorism. If a station receives a second warning, it could lose its broadcasting license.

On December 9, the Verkhovna Rada passed a bill to restrict imports of certain Russian books with “anti-Ukrainian content” that violated Ukrainian law. The books may still be legally imported below the commercial threshold of 100 copies.

Press and Media Freedoms: According to the NGO Freedom House, the press in the country was “partly free.”

Independent media and internet news sites were active and expressed a wide range of views. Privately owned media, the most successful of which were generally owned by wealthy and influential “oligarchs,” often presented readers and viewers a “biased pluralism,” representing the views of their owners, favorable coverage of their allies, and criticizing political and business rivals. The 10 most popular television stations were owned by businessmen whose primary business was not in media. Independent media had difficulty competing with major outlets that operated with oligarchic subsidies.

The public television broadcaster was established in 2015 and planned to be fully operational by January 2017. On November 1, the head of the public broadcaster, Zurab Alasania, resigned from his position in protest regarding a number of obstacles to establishing the channel’s operations, including the government’s diversion of the channel’s budget for other purposes. Alasania also cited complaints he had received from the government regarding investigative journalism programs on corruption produced by the broadcaster.

The practice of jeansa, or publishing unsubstantiated news articles for a fee, continued to be widespread. For example, according to the Institute of Mass Information press monitoring, the highest proportion of jeansa in regional media was found in print outlets in Mykolaiv Oblast, where 15 percent of all published articles were political or commercial jeansa.

Violence and Harassment: Violence against journalists remained a problem in the country, though attacks on journalists dropped for the second year. Human rights groups and journalists criticized government inaction in solving these crimes, giving rise to a culture of impunity.

According to the Institute of Mass Information, there were 30 reports of attacks on journalists, half as many as in 2015, and almost a 10th as many as in 2014. As in 2015, the majority of these attacks were perpetrated by private, not state, actors. There were 42 incidents of threats against and harassment of journalists, up from 36 in 2015.

The Institute of Mass Information and editors of major independent news outlets noted online harassment of journalists by societal actors, reflecting a growing societal intolerance of reporting deemed insufficiently patriotic, a development they said had the tacit support of the government. In one case, on May 10, the nationalist website Myrotvorets (Peacemaker), which allegedly has links to the Interior Ministry, published the names and personal information of more than 4,000 domestic and foreign journalists who had received accreditation from the Russian-backed separatist “authorities” in Donetsk and Luhansk. The website claimed that the journalists’ actions amounted to collaboration with terrorists. On May 24, Myrotvorets published the personal information of an additional 300 journalists. Some affected media professionals subsequently received death threats and were subjected to significant online harassment. While Minister of Internal Affairs Arsen Avakov spoke out in support of Myrotvorets, calling the journalists “liberal separatists,” President Poroshenko on June 3 condemned the website during his annual press conference. Police investigation of the case continued through year’s end.

There were multiple incidents of violence and harassment against the television channel INTER, which is perceived to have a pro-Russian editorial policy. According to press reports, in January protesters spray-painted “Kremlin mouthpiece” on INTER’s offices and threw rocks through its windows. On February 25, volunteer Azov Battalion fighters blocked journalists’ access to INTER’s offices after INTER broadcasters were inadvertently recorded criticizing the “heavenly hundred,” demonstrators killed during the Euromaidan protests. In June, protesters burned tires at the entrance to INTER’s offices. On August 4, Myrotvorets published hacked email correspondence purporting to show that an INTER TV journalist had coordinated the contents of an article with Russian-backed separatist leaders. On August 31, Minister of Internal Affairs Arsen Avakov publicly called on the SBU to deal with INTER, which he labeled “anti-Ukrainian.” On September 4, approximately 15 to 20 masked persons entered INTER’s offices, setting fire to the building, destroying equipment, and trapping employees in the smoke-filled building. As a result some staff members were hospitalized, including one with a spinal injury. Authorities arrested six persons at the scene; an investigation into the attack by the SBU Investigative Department continued. On November 21, five unidentified persons threw Molotov cocktails at INTER’s headquarters. Authorities opened an investigation into the incident, which continued at year’s end.

On July 20, well-known journalist Pavel Sheremet, who hosted a morning show on Vesti radio and worked for the Ukrainska Pravdaonline news outlet, was killed by a bomb in the car he was driving in downtown Kyiv (see section 1.a.).

During the year authorities detained but later released two suspects in the 2015 killing in Kyiv of Oles Buzina, who was perceived as pro-Russian. Both suspects were allegedly members of right-wing political groups. An investigation into the case remained open at year’s end.

There were multiple reports of attacks on journalists investigating government corruption. On May 24, three masked men fled in a car after beating Anatoliy Ostapenko, a journalist affiliated with the independent media outlet Hromadske Zaporizhzhya. Ostapenko was working on several investigations linking local authorities in Zaporizhzhya to corruption. An investigation into the attack continued at year’s end.

Censorship or Content Restrictions: The Institute for Mass Information recorded seven incidents of censorship of individual publications, down from 12 in 2015.

Both independent and state-owned media periodically engaged in self-censorship when reporting stories that might expose political allies to criticism or that might be perceived by the public as insufficiently patriotic or that might provide information that could be used for Russian propaganda.

Libel/Slander Laws: Libel is a civil offense. While the law limits the monetary damages a plaintiff can claim in a lawsuit, local media observers continued to express concern over high monetary damages awarded for alleged libel. Government entities, and public figures in particular, used the threat of civil suits, sometimes based on alleged damage to a person’s “honor and integrity,” to influence or intimidate the press and investigative journalists. For example, on August 29, former prosecutor general, Viktor Shokin, announced he would sue the investigative journalism television program “Schemes” over its claims to have uncovered evidence of his corruption, including his ownership of luxury property registered in the names of family members.

National Security: Authorities took measures to prohibit, regulate, and occasionally censor information deemed a national security threat.

The government continued the practice of banning specific works by pro-Russian actors, film directors, and singers, as well as imposing sanctions on pro-Russian journalists. According to the head of the State Film Agency, Fillip Ilienko, as of February 18, some 432 films and television shows had been banned in the country on national security grounds since August 2014. On May 31, the president signed a decree imposing visa bans on 17 Russian journalists; several dozen other journalists were sanctioned previously. The decree also lifted sanctions against 29 foreign journalists. Human rights NGOs criticized the move. The Committee to Protect Journalists called on the country to “immediately rescind the decree banning Russian journalists from the country and to resist the urge to fight propaganda with censorship.”

The government continued to block Russian television channels from broadcasting in the country, based on a 2014 decision by the National Television and Radio Broadcasting Council based on the perceived dangerous influence of Russian propaganda. As of year’s end, only six Russian channels were permitted to broadcast, compared to 83 Russian channels able to broadcast in the country at the start of 2014. According to the head of the National Television and Radio Broadcasting Council, as of November 2, the council had issued 23 warnings to Ukrainian cable providers for violating the ban on certain Russian channels.

Media professionals continued to experience pressure from SBU and the armed forces when reporting on sensitive issues, such as military losses. On July 8, the press center of the Antiterrorist Operation (ATO) asked the SBU to suspend the accreditation of journalists representing two Ukrainian and one Russian media outlets that were reporting from Avdiivka, Donetsk Oblast. The journalists had released a video considered by the ATO headquarters to violate the rules for reporting from a conflict area, since it disclosed soldiers’ faces, locations, and weaponry. After the request to remove it, the Ukrainian Hromadske journalists removed the video from their YouTube channel, but Russian journalist, Yulia Polukhina, published the material in Novaya Gazeta. After later receiving concurrence, Hromadske published an abridged version of the video approximately three weeks later. The HRMMU considered the response of the ATO headquarters to be disproportionate to the violation.

On February 24, the SBU deported Russian journalist, Mariya Stolyarova, and banned her from re-entering the country for five years. Stolyarova worked as a broadcast editor of “Podrobnosti Nedeli” (“Details of the Week”) at INTER TV. Before the deportation the SBU conducted an investigation regarding an obscene statement Stolyarova made on air during a broadcast of material related to the “heavenly hundred” protesters who were killed during the Euromaidan demonstrations. Law enforcement officers also questioned Stolyarova’s stay on territory controlled by Russian-backed separatists in eastern Ukraine and her alleged coordination of storylines with Russian-backed separatists.

Nongovernmental Impact: Russian-backed separatists in eastern areas of the country harassed, arbitrarily detained, and mistreated journalists (see section 1.g.). According to the HRMMU, “persons living in the ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’ know that expressing their opinion freely and publicly was not acceptable in armed group-controlled territory,” that “armed groups are directly influencing and shaping the content in local media,” and that they require favorable coverage as the cost of retaining registration to operate.

According to the HRMMU and media reports, on January 4, the “Ministry of State Security” of the “Donetsk People’s Republic” detained Kyiv-based blogger and activist, Volodymyr Fomichev, and charged him with unlawful possession of weapons. On June 27, he pled guilty and was sentenced to two years in prison. Fomichev’s family insisted the conviction was baseless and the result of a forced confession. During the “hearings,” Fomichev gave his father a sweater covered with blood, raising concerns about mistreatment by “investigators.”

Actions to Expand Press Freedom: On February 4, parliament passed a law criminalizing the illegal seizure of materials collected, processed, and prepared by journalists or of technical devices they use in their professional activities. The law also introduces a penalty of up to three years’ imprisonment for unlawfully denying journalists access to information, unlawfully banning them from covering particular topics, or for any other action impeding their professional activity.

INTERNET FREEDOM

Authorities did not restrict or disrupt access to the internet or censor online content. Law enforcement bodies monitored the internet, at times without appropriate legal authority. Authorities did not restrict content or censor websites or other communications and internet services.

According to the International Telecommunication Union, 49 percent of persons in the country used the internet in 2015.

Human rights groups and journalists that were critical of Russian involvement in the Donbas region and Crimea reported that opponents subjected their websites to cyberattacks, such as coordinated denial of service incidents and unauthorized attempts to obtain information from computers, as well as coordinated campaigns of “trolling” and harassment on social media.

Users of social media, particularly Facebook and VKontakte, sometimes had their access temporarily blocked for innocuous or political posts that other users mischaracterized as “hate speech” and flagged as terms of service violations.

In its yearly Freedom on the Net report, Freedom House assessed in November that internet freedom in the country deteriorated for the second year in a row, noting that, “Ukrainian authorities have become less tolerant of online expression perceived as critical of Ukraine’s position in the conflict, and the government has been especially active this year in sanctioning social media users for ‘separatist’ and “extremist” activities, with many users detained, fined and even imprisoned for such activities. Meanwhile, Russian-backed separatist forces in the east have stepped up efforts to block content online perceived to be in support of Ukrainian government or cultural identity.”

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were several reports of government restrictions on academic freedom or cultural events. On November 4, the SBU announced that it had banned 140 Russian cultural figures from entering the country, as their actions or statements conflicted with the country’s interests.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

The constitution provides citizens with the right to freedom of assembly, and the government generally respected this right. There are no laws, however, regulating the process of organizing and conducting events to provide for freedom of peaceful assembly. Authorities have wide discretion under a Soviet-era directive to grant or refuse permission for assemblies on grounds of protecting public order and safety. Organizers are required to inform authorities in advance of plans for protests or demonstrations.

During the year citizens generally exercised the right to peaceful assembly without restriction in areas of the country under government control. Most assemblies were peaceful and at times accompanied by a very large police presence to maintain order. The HRMMU noted an overall improvement in the ability of the National Police to provide security for demonstrations.

There were some reports of violence at LGBTI demonstrations during the year (see section 6.).

On July 4, more than 100 persons protested peacefully against the presence of military equipment in Toretsk, Donetsk Oblast. Police arrested eight men, charged them with disobeying police, interrogated them without lawyers present, and did not bring them before the court within three hours, as required by the law. SBU officers reportedly threatened and intimidated the detainees. The detainees spent the night sleeping on the floor of a small cell with only one mattress and a wooden bench. After the court hearing ordering their release, they were brought back to a police station where the head of police in the Donetsk Oblast allegedly insulted and threatened them before their release.

In the territory controlled by Russian-backed separatists, the HRMMU noted an absence of demonstrations because “people are concerned that they may be ‘arrested’ if they organize protests or assemblies against the policies of the armed groups.” The HRMMU also noted that the only demonstrations permitted in these areas were ones in support of local authorities, often apparently organized by the armed groups, with forced public participation.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this right.

The HRMMU noted a pattern of harassment of Communist Party members. For example, on June 28, the apartment of a first secretary of the Kharkiv local branch of the Communist Party was searched, and she was charged with violating the territorial integrity of Ukraine and bribing state officials. On June 30, a Kharkiv court ruled to place her in pretrial detention.

According to the HRMMU, in the territories controlled by the Russian-backed separatists, “civil society organizations, including human rights defenders, cannot operate freely.” Residents informed the HRMMU that they were being prosecuted (or were afraid of being prosecuted) by the “ministry of state security” for their pro-Ukrainian views or previous affiliation with Ukrainian NGOs. The HRMMU also noted an increase in civil society organizations run by the armed groups, which appeared to have compulsory membership for certain persons, such as public sector employees.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide citizens with freedom of internal movement, foreign travel, emigration, and repatriation. The government, however, restricted these rights, particularly in the eastern part of the country near the zone of conflict.

Abuse of Migrants, Refugees, and Stateless Persons: Authorities frequently detained asylum seekers for extended periods without court approval.

The government cooperated with the Office of UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons (IDPs), refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. International and domestic organizations reported the system for protecting asylum seekers, stateless persons, and other persons of concern did not operate effectively.

In-country Movement: The government and Russian-backed separatist forces strictly controlled the freedom of movement between government- and Russian-backed separatist controlled territories in the Donbas region. Crossing the contact line remained arduous. While five crossing points existed, only four were in operation for much of the year. According to the HRMMU, between May and August, an average of 26,000 to 32,000 individuals crossed the line daily. People formed long lines at all operating transit corridors and had to wait for up to 36 hours with no or limited access to water, medical aid, toilets, and shelter in case of shelling or extreme weather. The HRMMU’s March report noted that two elderly persons died at government checkpoints due to lack of timely medical care; its September report noted three deaths for the same reason. The HRMMU’s June report noted that, on April 27, four civilians were killed and eight injured at a crossing point near Olenivka in the “Donetsk People’s Republic,” when it was shelled while they waited in line overnight.

Movement across the line of contact was limited to four crossing points in Donetsk Oblast and one in Luhansk Oblast, which were frequently closed due to nearby fighting. The crossing point at Stanytsia Luhanska traversed a temporary wooden structure that the OSCE Special Monitoring Mission (SMM) believed was unsafe. People regularly reported long lines; as an example, on August 19, the SMM reported more than 700 persons waiting to cross into the country at Stanytsia Luhanska. On August 16, more than 1,000 persons were observed at the same crossing point, and medical officials claimed 21 persons were treated for heat-related illnesses.

In 2015 the SBU introduced a pass system involving an online application process to control movement into government-controlled territory. Human rights groups were concerned that many persons in nongovernment-controlled territory did not have access to the internet to obtain such passes. The order imposed significant hardships on persons crossing into government-controlled territory, in particular those who sought to receive pensions and government benefits, which ceased distribution in the territory controlled by Russian-backed separatists in 2014.

The HRMMU repeatedly voiced concern about reports of corruption by checkpoint personnel on both sides, including demands for bribes or goods in exchange for easing passage across the line of contact. Russian-backed separatists continued to hinder freedom of movement in the eastern part of the country during the year. In April the crossing checkpoint in Stanytsia Luhanska was closed due to shelling by Russian-backed separatist forces and, as of December, it was open only for pedestrians. Russian-backed separatists have also consistently prevented civilians from crossing at the Zolote checkpoint in Luhansk oblast.

The government and Russian occupation authorities subjected individuals crossing between Russian-occupied Crimea and the mainland to strict passport controls at the administrative boundary between the Kherson oblast and Crimea. Authorities prohibited rail and commercial bus service across the administrative boundary, requiring persons either to cross on foot or by private vehicle. The three crossing points between Russian-occupied Crimea and mainland Ukraine were closed on several occasions in early August, creating long lines of individuals who were prevented from freely moving across the administrative boundary. As of August 15, the movement of vehicles and persons fully resumed but slowed due to enhanced security measures.

INTERNALLY DISPLACED PERSONS

According to the Ministry of Social Policy, as of November 15, there were more than 1.7 million registered internally displaced persons (IDPs) due to Russia’s aggression in eastern Ukraine and occupation of Crimea. Some NGOs and international organizations estimated the number to be lower, since some persons returned to their homes after registering as IDPs, while others registered while still living in the conflict zone. The largest number of IDPs resided in areas immediately surrounding the conflict zones, in government-controlled areas of Donetsk and Luhansk Oblasts, as well as in the Kharkiv, Dnipropetrovsk, and Zaporizhzhya Oblasts. Many resided in areas close to the line of contact in hope that they would be able to return home.

The government granted social entitlements only to those individuals who had registered as IDPs. By law IDPs are eligible to receive payments of 880 hryvnias ($33) per month for children and persons with disabilities and 440 hryvnias ($16) per month for those able to work. Families may receive no more than 2,400 hryvnias ($89) per month. According to the law, the government should provide IDPs with housing, but authorities had not taken effective steps to do so. Humanitarian aid groups had good access to areas under government control.

On February 16, the Ministry of Social Policy instructed its regional offices and local departments to suspend all social payments for IDPs, pending verification of their presence in government-controlled territory, ostensibly to combat fraudulent payments. According to the HRMMU, following this decision the SBU provided regional administrations with lists of individuals whose social entitlements should be revoked pending verification. The HRMMU reviewed a list that the SBU submitted to the regional administration in Kharkiv and determined that it was developed from information in the SBU database on individuals who received permits to cross the contact line. On June 8, the government adopted amendments to resolutions on IDPs to allow for automatic termination of benefits and prescribing two to six months for reinstatement, depending on the grounds for termination. The HRMMU, the human rights ombudsperson, the Council of Europe, and other domestic and international human rights and humanitarian groups criticized these amendments.

According to the HRMMU, the government applied the IDP verification procedure extremely broadly. The suspensions affected approximately 85 percent of IDPs residing in government-controlled areas and 97 percent of those residing in areas under the control of Russian-backed separatists, particularly the elderly and disabled whose limited mobility hindered their ability to verify whether they were included in the lists or prove their residency. The government often suspended payments without notification, and IDPs reported problems having them reinstated. In one case the HRMMU interviewed a female IDP with disabilities in Kramatorsk, who was also the single parent of a 13-year-old daughter with disabilities. She incidentally discovered that all of her other social payments had also been cut, including her disability pension.

According to the HRMMU, IDP integration remained impeded by the lack of a state strategy and the consequent absence of allocation of financial resources, leading to IDPs’ economic and social marginalization. Local civil society organizations and international humanitarian organizations provided the bulk of assistance for IDPs on a temporary basis. NGOs reported that their ability to support IDPs was limited and nearing exhaustion. UN agencies reported that the influx of IDPs led to tensions arising from competition for resources. Critics accused internally displaced men who moved to western areas of the country of evading military service, while competition rose for housing, employment, and educational opportunities in Kyiv and Lviv.

A shortage of employment opportunities and the generally weak economy particularly affected IDPs, forcing many to live in inadequate housing, such as collective centers and other temporary accommodation. As of July 1, there were 271 such collective centers housing more than 10,000 persons. Other IDPs stayed with host families, volunteers, and in private accommodation, although affordable private accommodation was often in poor condition.

UN agencies expressed concern about instances of eviction of IDPs from the collective centers. On September 29, 22 elderly IDPs, including two disabled persons, were evicted from the Kuialnyk sanatorium in Odesa. A representative from the Odesa regional administration stated that the management of the sanatorium had suspended utilities on September 26 due to nonpayment of bills. While collective center accommodation was only intended as a temporary solution, many IDPs remained for extended periods.

There were reports of government officials expressing discriminatory views toward IDPs. For example, on September 23, Minister of Internal Affairs Avakov publicly attributed an increase in the crime rate to an inflow of IDPs, provoking a public outcry.

NGOs reported employment discrimination against IDPs. Some IDPs, particularly those in government-controlled areas of Donetsk and Luhansk Oblasts, lacked sufficient sanitation, shelter, and access to potable water. IDPs continued to have difficulty obtaining education, medical care, and necessary documents. Romani activists expressed concern that some Roma in eastern areas could not afford to flee conflict areas, while others had no choice but to leave their homes.

In September 2015 the Kyiv Administrative Court of Appeal overturned a National Bank decision that Crimean IDPs were nonresidents, which had restricted access to banking and financial services for those fleeing the Russian occupation. Nonetheless, media reports indicated that banks continued to restrict banking services for Crimean IDPs even after the court decision.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for asylum or refugee status, and the government has established a legal system to protect refugees. Protection for refugees and asylum seekers was insufficient due to gaps in the law and the system of implementation. The country is a transit and destination country for asylum seekers and refugees, principally from Afghanistan, Somalia, and Syria.

Human rights groups noted that the refugee law falls short of international standards due to its restrictive definition of who is a refugee. The law permits authorities to reject many asylum applications without a thorough case assessment. In other instances government officials declined to accept initial asylum applications without a legal basis, leaving asylum seekers without documentation and vulnerable to frequent police stops, fines, detention, and exploitation. Asylum seekers in detention centers were sometimes unable to apply for refugee status within the prescribed time limits and had limited access to legal and other assistance. Asylum seekers have five days to appeal an order of detention or deportation.

A lack of access to qualified interpreters also hampered the full range of asylum procedures. International observers noted that the government did not provide resources for interpreters, which created opportunities for corruption and undermined the fairness of asylum application procedures.

Refoulement: The government did not provide for protection against the expulsion or return of asylum seekers to a country where there was reason to believe their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. UNHCR described refoulement at the border as a “largely hidden phenomenon,” as persons seeking asylum may not receive legal aid or interpretation at border crossing points or temporary holding facilities and were, therefore, unable to apply for asylum before being deported. Human rights groups noted the law offers legal protection against forcible return.

Employment: Authorities did not provide employment assistance, and most asylum seekers were unable to obtain a work permit as required by law. Authorities provided language instruction for asylum seekers only in Kyiv, Kharkiv, and Odesa. Some attempted to work illegally, increasing their risk of exploitation.

Access to Basic Services: The national plan on the integration of refugees adopted by the government did not allocate resources for its implementation. Human rights groups reported that authorities did not provide social and economic support to asylum seekers or assist them. Authorities did not provide language courses or social assistance. A UNHCR report indicated all newly recognized refugees received a one-time grant of approximately 30 hryvnias ($1.10).

Temporary accommodation centers had a reception capacity of 320 persons and could accommodate approximately 20 percent of asylum applicants. Asylum seekers living outside a center often experienced difficulties obtaining residence registration, and authorities regularly fined them more than 500 hryvnias ($19) because they lacked this registration. According to the State Migration Service, refugees and those seeking complementary protection could receive residence registration at homeless shelters for up to six months.

UNHCR noted an improvement in the quantity and quality of food provided in the migrant custody centers as well as a lack of educational programs and vocational activities for those in detention for extended periods. According to UNHCR, gaps in housing and social support for unaccompanied children left many without access to state-run accommodation centers or children’s shelters. As of November 1, seven unaccompanied migrant children were registered, five of whom expressed a desire to apply for refugee status. Many children had to rely on informal networks for food, shelter, and other needs and remained vulnerable to abuse, trafficking, and other forms of exploitation.

Temporary Protection: The government also provided temporary protection (“complementary protection”) to individuals who may not qualify as refugees; authorities provided it to approximately 618 persons during the year.

STATELESS PERSONS

According to law, a person may acquire citizenship by birth, territorial origin, naturalization, restored citizenship, and adoption.

According to UNHCR, there were 35,179 persons in the country under its statelessness mandate as of mid-2015. According to the State Migration Service, at the end of the year there were 5,343 stateless persons residing in the country.

The law requires establishing identity through a court procedure, which demanded more time and money than some applicants had. UNHCR reported Roma were at particular risk for statelessness, since many did not have birth certificates or any other types of documentation to verify their identity.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. On July 17, parliamentary by-elections were conducted in seven constituencies.

Elections and Political Participation

Recent Elections: In 2014 citizens elected Petro Poroshenko president in an election considered free and fair by international and domestic observers. Later that year the country held early parliamentary elections that observers also considered free and fair. In October 2015 the country held nationwide local elections.

On July 17, citizens in seven constituencies voted in parliamentary by-elections. According to the OSCE observer mission, the elections were organized and democratic but influenced by economic interests. According to OPORA, a human rights NGO that monitored elections in the country, some candidates started campaigning prematurely, leading to unfair advantages for certain candidates and parties. OPORA considered the elections to be free and fair with electoral irregularities that were not systemic.

IDPs were unable to vote in local elections unless they changed their registration to their new place of residence.

Political Parties and Political Participation: On February 25, President Poroshenko signed a bill that allows political parties to wait until after an election to select which members from a party list will take seats in the Verkhovna Rada. The law was widely criticized by domestic and international election monitoring groups, as it shifts the power of selecting deputies from the electorate to the leadership of political parties.

The Communist Party remains banned.

Participation of Women and Minorities: There are no laws limiting the participation of women and members of minorities in the political process and women and minorities did so.

The law provides criminal penalties for corruption, although authorities did not effectively implement the law, and many officials engaged in corrupt practices with impunity. While the number of reports of government corruption was low, corruption remained pervasive at all levels in the executive, legislative, and judicial branches of government and in society.

During the year multiple high-level officials who had been brought into the government to oversee anticorruption reform processes resigned due to efforts to impede their work. Complaining of ingrained corruption, Minister of Economy Aivaras Abromavicius resigned in February and was followed by some members of his team. Abromavicius stated in his resignation letter that corrupt officials had blocked systematic reform and were attempting to gain influence over state enterprises.

Corruption: While the government publicized several attempts to combat corruption, it remained a serious problem for citizens and businesses alike. The law establishes two governmental anticorruption bodies, the National Agency for Prevention of Corruption (NAPC) and the National Anticorruption Bureau of Ukraine (NABU).

As of October 1, the NABU had launched 243 criminal proceedings in corruption cases with support from the newly created Specialized Anticorruption Prosecutor’s Office. Authorities tried 31 corruption cases involving 70 persons, including judges, prosecutors, and state officers, but many were for minor violations. In a major anticorruption case, the Verkhovna Rada stripped Member of Parliament Oleksandr Onyshchenko of immunity from prosecution in July under suspicion of corruption and embezzlement. At year’s end he remained a fugitive outside the country, and the investigation continued.

Civil society criticized the Prosecutor General’s Office and the judicial system for failing to hold high-level officials to account for corruption. According to the anticorruption watchdog group, Nashi Hroshi, between July 2015 and July 2016, 952 persons were convicted of corruption. Of these individuals 312 were fined (70 percent of these fines were below 20,000 hryvnias ($740)), 336 persons received suspended sentences, and 137 had their convictions overturned. One hundred twenty-eight persons were sentenced to prison; of these individuals 33 were serving sentences, while the rest had appeals pending. Of the 952 persons convicted for corruption, only three were officials of significant stature: two heads of district administrations and one deputy head of the state agricultural inspectorate. As of July all three cases were undergoing appeals, and the defendants had yet to begin serving their sentences.

While members of the Verkhovna Rada are immune from prosecution, several members, such as Onyshchenko, were stripped of immunity for prosecution during the year. Judges may not be arrested or detained before courts convict them, unless the Verkhovna Rada rescinds their immunity.

The NAPC is responsible for the development of national anticorruption policies, monitoring national compliance with anticorruption legislation, and verifying asset declarations of high officials. The NAPC, established in March 2015, began operations in May.

The law designates NABU as the lead investigative agency for allegations of corruption by senior government officials, including the president, members of the Cabinet of Ministers, members of the Verkhovna Rada, and local governors. NABU is responsible only for investigating corruption offenses committed after its creation in 2015. The Prosecutor General’s Office had 25,000 open corruption cases that predated the creation of NABU.

There were reports that the Prosecutor General’s Office took steps during the year to hinder NABU’s ability to investigate high-level corruption. On August 5, an investigative group from the Prosecutor General’s Office raided the NABU headquarters in Kyiv, alleging that NABU had illegally wiretapped its employees. On August 12, Prosecutor General’s Office staff allegedly unlawfully detained and beat two NABU detectives who they asserted were engaged in wiretapping. On September 20, three Prosecutor General’s Office employees were suspended pending the outcome of an internal investigation, which continued at year’s end.

According to the Justice Ministry, implementation of a 2014 law on “lustration” was 99 percent completed. Some 700,000 civil servants and state officials were on the list for lustration. The checks resulted in the dismissal of approximately 1,000 state officials. According to the Parliamentary Anticorruption Committee, 80 percent of state officials from the Yanukovych era were discharged from their posts. Law enforcement and judicial agencies, however, avoided full compliance with the law. The SBU subjected only 50 staff members to lustration. The judiciary lustrated only 40 judges, eight of whom contested the decision in court and were restored to their positions.

Financial Disclosure: The law mandates the filing of income and expenditure declarations by public officials, and a special review process allows for public access to declarations and sets penalties for either not filing or filing a false declaration.

By law, the NACP is responsible for reviewing financial declarations and monitoring the income and expenditures of high-level officials. On August 15, the government officially launched an asset e-declaration system. By the conclusion of the first phase on November 1, more than 120,000 officials had submitted e-declarations, indicating near total compliance. The results were made publicly available, provoking public outcry about the lavish lifestyles of many public officials. By law the NAPC reviews the declarations and refers suspected corruption cases to the NABU for further action. Some observers questioned, however, whether the NAPC had the capacity to fulfill this function.

Public Access to Information: The constitution and law require authorities to provide government information upon request, unless it pertains to national security. By law officials must respond to regular requests within five days and within 20 days to requests for large amounts of data. Requesters can appeal denials within agencies and ultimately to the court system. Instructions for filing information requests were a common and conspicuous component of government websites. Implementation of the law on public access to government information and training of officials on the regulations governing such access remained inadequate.

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views. The government invited human rights groups to participate in monitoring activities, drafting legislation, and adopting administrative rules.

International and domestic human rights groups collaborated with the government to draft the National Human Rights Strategy and related action plan in 2015. During the year civil society closely monitored implementation and expressed concern about government progress on the action plan. Representatives from the human rights ombudsman’s office noted that, as of September 23, the strategy remained largely unimplemented and cited concerted resistance from certain ministries, including the Ministries of Justice and Health, to cooperating with the office on implementation. Human rights groups described particular government resistance to implementing points in the plan that related to the rights of IDPs. The HRMMU stated that, in the Ministry of Justice’s first progress report on the plan, some activities marked as completed were implemented only partially or not in substance.

The Ministry of Justice, the Office of the Human Rights Ombudsman’s, and civil society groups such as the Ukrainian Helsinki Human Rights Union participated in open hearings in December to mark the one-year anniversary of the action plan. Nongovernmental representatives reported slow progress and weak intragovernmental coordination, but both government representatives and human rights activists indicated progress in justice sector reform and the provision of social services.

Russian authorities and the separatists they backed routinely denied domestic and international human rights groups access to territories they controlled in Crimea and eastern Ukraine. If human rights groups attempted to work in those areas, they faced significant harassment and intimidation (see section 2.b.).

The United Nations or Other International Bodies: The government cooperated with international organizations, such as the OSCE, the Council of Europe, and the HRMMU.

Government Human Rights Bodies: The constitution provides for a human rights ombudsman, officially designated as parliamentary commissioner on human rights. The Human Rights Ombudsman’s Office frequently collaborated with NGOs through civic advisory councils on various projects for monitoring human rights practices in prisons and other government institutions (see sections 1.c. and 1.d.).

Valeriya Lutkovska served as parliamentary ombudsman for human rights during the year, and observers considered her office an effective promoter of human rights. The office was a partner with leading domestic human rights groups and an advocate on behalf of Crimean Tatars, IDPs, Roma, persons with disabilities, LGBTI individuals, and prisoners.

Women

Rape and Domestic Violence: The law prohibits rape but does not explicitly address spousal rape. The courts may use a law against “forced sex with a materially dependent person” as grounds to prosecute spousal rape. Under the law authorities can detain a person for up to five days for offenses related to domestic violence and spousal abuse.

Sexual assault and rape continued to be significant but underreported problems. According to the Prosecutor General’s Office, through September there were 355 registered reports of rape or attempted rape of which authorities brought 47 to court.

Domestic violence against women remained a serious problem. Spousal abuse was common. According to the Prosecutor General’s Office, 922 cases of domestic violence were registered during the first nine months of the year, and 833 cases were brought to court. Advocacy groups asserted the percentage of women subjected to physical violence or psychological abuse at home remained high. Human rights groups noted the ability of agencies to detect and report cases of domestic violence was limited, and preventive services remained underfunded and underdeveloped. Additionally, human rights groups stated that law enforcement authorities did not consider domestic violence to be a serious crime but rather a private matter to be settled between spouses.

According to the Kyiv-based international women’s rights center, La Strada, Russian aggression in the Donbas region led to a dramatic surge in violence against women across the country. Human rights groups attributed the increase in violence to post-traumatic stress experienced by IDPs fleeing the conflict and by soldiers returning from combat. IDPs reported instances of rape and sexual abuse; many claimed to have fled because they feared sexual abuse. There were no special social services available to women IDPs. According to the Ministry for Social Policy, police issued approximately 38,000 domestic violence warnings and protection orders during a six-month period. According to the ministry, approximately 65,000 persons were under police monitoring in connection with domestic violence. Punishment included fines, administrative arrest, and community service.

La Strada operated a national hotline for victims of violence and sexual harassment. Through September more than 24,000 individuals called the hotline for assistance, and 35 percent of the calls related to domestic or sexual violence. According to La Strada, more than 49 percent of calls related to psychological violence. The NGO reported that expanded public awareness campaigns increased the number of requests for assistance it received each year.

Although the law requires the government to operate a shelter in every major city, it did not do so, in part due to lack of municipal funding. During the year officials identified 19 centers for social and psychological help and nine centers for psychological and legal help for women who suffered from domestic violence.

According to the Ministry of Social Policy, as of July 1, government centers provided domestic violence-related services, in the form of sociopsychological assistance, to 423 families with children and 3,934 individuals. Social services centers monitored families in matters related to domestic violence and child abuse. NGOs operated additional centers for victims of domestic violence in several regions, but women’s rights groups noted that many nongovernment shelters closed due to lack of funding.

According to women’s advocacy groups, municipal and privately funded shelters were not always accessible. Shelters were frequently full, and resources were limited. Some shelters did not function throughout the year, and administrative restrictions prevented women and families from accessing services. For example, some shelters would only accept children of certain ages, while others did not admit women not registered as local residents. Government centers offered only limited legal, psychological, and economic assistance to survivors of domestic violence. Each center could accommodate approximately 30 women and children, which was often inadequate.

Sexual Harassment: The law puts sexual harassment in the same category as discrimination, but women’s rights groups asserted there was no effective mechanism to protect against sexual harassment. They reported continuing and widespread sexual harassment, including coerced sex, in the workplace. Women rarely sought legal recourse because courts declined to hear their cases and rarely convicted perpetrators. Women’s groups also cited a persistent culture of sexism and harassment.

While the law prohibits coercing a “materially dependent person” to have sexual intercourse, legal experts stated that safeguards against harassment were inadequate.

Reproductive Rights: The government recognized the right of couples and individuals to decide the number, spacing, and timing of their children, manage their reproductive health, and have the information and means to do so, free from discrimination, coercion, and violence.

Discrimination: The law provides that women enjoy the same rights as men, including under family, religious, personal status, labor, property, nationality, and inheritance laws, and are entitled to receive equal pay for equal work. In practice women received lower salaries than men (see section 7.d.).

Children

Birth Registration: Either birthplace or parentage determines citizenship. A child born to stateless parents residing permanently in the country is a citizen. The law requires that parents register a child within a month of birth.

Registration of children born in Crimea or areas in the east controlled by Russian-backed separatists remained difficult. Authorities required hospital paperwork to register births. Russian-backed separatist “authorities” routinely kept such paperwork if parents registered children in territories under their control, making it difficult for the child to obtain a Ukrainian birth certificate. Additionally, authorities do not recognize documents issued by Russian-occupied Crimean or Russian-backed separatist entities and sometimes refused to issue birth certificates to children born in those areas.

Child Abuse: As of September 30, the Ministry of Internal Affairs reported 4,817 crimes against children. Human rights groups noted that authorities lacked the capability to detect violence against children and refer victims for assistance. Preventive services remained underfunded and underdeveloped. There were also instances of forced labor involving children (see section 7.c.).

Authorities did not take effective measures at the national level to protect children from abuse and violence and to prevent such problems. Parliament’s ombudsman for human rights noted the imperfection of mechanisms to protect children who survived violence or witnessed violence, in particular violence committed by their parents. According to the law parents were legal representatives of children, even if they perpetrated violence against them. There is no procedure for appointing a temporary legal representative of a child during the investigation of a case of parental violence.

The Office of the Parliamentary Ombudsman for Human Rights includes a representative for children’s rights, nondiscrimination, and gender equality. As of August 31, the office had received 552 complaints regarding children’s rights.

A major consequence of Russian aggression in the Donbas was its effect on children. In January the law On Protection of Childhood was amended to include a provision supporting children affected by the armed conflict. In August the Ukrainian Institute of Extremism Research reported that fighting killed 166 children since the conflict started in 2014. According to UNICEF the conflict has affected 1.7 million children, including approximately 230,000 forced from their homes. Children living in areas controlled by Russian-backed separatists did not receive nutritional and shelter assistance. Human rights groups reported that children who experienced the conflict or fled from territory controlled by Russian-backed separatists suffered psychological trauma. UNICEF reported that 200,000 children in the Donbas needed psychological rehabilitation, and approximately 580,000 urgently needed aid.

Early and Forced Marriage: The minimum age for marriage is 18. If it finds marriage to be in the child’s interest, a court may grant a child as young as 16 permission to marry. Romani rights groups reported early marriages involving girls under the age of 18 were common in the Romani community.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. The minimum prison sentence for child rape is 10 years. Molesting children under the age of 16 is punishable by imprisonment for up to five years. The same offense committed against a child under the age of 14 is punishable by imprisonment for five to eight years. The age of consent is 16.

The Ministry of Internal Affairs recorded 274 sexual crimes against children during the year. Sexual exploitation of children, however, remained significantly underreported. Commercial sexual exploitation of children remained a serious problem.

Domestic and foreign law enforcement officials reported that a significant amount of child pornography on the internet continued to originate in the country. The International Organization for Migration reported that children from socially disadvantaged families and those in state custody continued to be at high risk of trafficking and commercial sexual exploitation and the production of pornography. Courts may limit access to websites that disseminate child pornography and impose financial penalties and prison sentences on those operating the websites.

Child Soldiers: There were reports that Russian-backed separatists used child soldiers in the conflict in the east of the country (see section 1.g.).

Displaced Children: According to the Ministry of Social Policy, authorities registered more than 235,700 children as IDPs. Human rights groups believed this number was low, as children who fled without their parents cannot register as IDPs unless another relative officially files for custody, which can be a lengthy process. The majority of IDP children were from Donetsk and Luhansk Oblasts.

Institutionalized Children: The child welfare system continued to rely on long-term residential care for children at social risk or without parental care, although the number of residential care institutions continued to drop. During the year some 100,000 orphans and other children deprived of parental care lived and studied in various types of boarding schools. Approximately 90 percent of such children ended in the schools because of their parents’ poverty, their inability to raise children, or the child’s developmental disorders.

In recent years the government implemented policies to address the abandonment of children and their reintegration with their biological families. Consequently, the number of children deprived of parental care decreased. Human rights groups and media reported unsafe, inhuman, and sometimes life-threatening conditions in some institutions. Children institutionalized in state-run orphanages were at times vulnerable to trafficking. Officials of several state-run institutions and orphanages were allegedly complicit or willfully negligent in the sex and labor trafficking of girls and boys under their care.

Observers noted the judicial system lacked the expertise to work effectively with minors, and the legal process for juveniles emphasized punishment over rehabilitation. Supportive social services were often lacking, and children in custody or under supervision faced bureaucratic and social barriers to reintegration. Authorities viewed imprisonment as a form of supervision and punishment rather than correction and education.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

According to census data and international Jewish groups, an estimated 103,600 Jews lived in the country, constituting approximately 0.2 percent of the population. According to the Association of Jewish Organizations and Communities (VAAD), there were approximately 300,000 persons of Jewish ancestry in the country, although the number may be higher. Before Russian aggression in eastern Ukraine, according to VAAD approximately 30,000 Jewish persons lived in the Donbas. Jewish groups estimated between 10,000 and 15,000 Jewish residents lived in Crimea before Russia’s attempted annexation.

Jewish community leaders reported that societal anti-Semitism was low, and authorities took steps to address problems of anti-Semitism when they arose. Institutional anti-Semitism was rare, and VAAD stated that attacks were isolated and carried out by individuals rather than organized groups. VAAD claimed that negative attitudes towards Jews and Judaism continued to be low, although some individuals espoused anti-Semitic beliefs. VAAD believed that some attacks were provocations meant to discredit the government. In September the Jewish pilgrimage to the Uman burial site of Rabbi Nachman took place without significant incidents. On December 21, however, unknown individuals vandalized the site with a pig’s head and blood. Authorities opened an investigation into the incident and immediately condemned it.

In July authorities named a street in Kyiv after former Organization of Ukrainian Nationalists (OUN) leader, Stepan Bandera. In response according to press reports, more than 20 Ukrainian Jewish groups published a statement condemning, as a form of Holocaust denial, the naming of streets for leaders of the OUN and the Ukrainian Insurgent Army (UPA),. Some international scholars also objected. At the same time, authorities also named a street in Kyiv in honor of Janusz Korczak, a Polish-Jewish writer who had died in Auschwitz.

According to the National Minority Rights Monitoring Group (NMRMG) supported by the Euro-Asian Jewish Congress and VAAD, one case of suspected anti-Semitic violence was recorded during the year, compared to one case of anti-Semitic violence in 2015, four such cases in 2014, and four in 2013. The NMRMG identified 18 cases of anti-Semitic vandalism during the year, as compared to 22 in 2015 and 23 in 2014. Graffiti swastikas continued to appear in Kyiv and other cities. On January 13, arsonists damaged a Jewish cemetery in Kolomiya, following similar attacks in 2015. On March 4, unknown persons set fire to a wreath left by the Israeli minister of justice at the Babyn Yar memorial. On April 15, vandals defaced a monument to the Holocaust in Cherkasy. In May, on Israel’s national memorial day for the Holocaust, an unknown group of persons burned an Israeli flag at the Babyn Yar memorial. There were reportedly several anti-Semitic incidents targeting the memorial during the year.

Senior government officials and politicians from various political parties continued efforts to combat anti-Semitism by speaking out against extremism and social intolerance and criticizing anti-Semitic acts. On September 29, the government held a commemoration ceremony marking the 75th anniversary of the Babyn Yar massacre, during which 33,771 Jews were killed in two days during the Nazi German occupation.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, and the provision of other state services. The government did not effectively enforce these provisions.

The law requires the government to provide access to public venues and opportunities for involvement in public, educational, cultural, and sporting activities for persons with disabilities. The law also requires employers to take into account the individual needs of employees with disabilities. The government generally did not enforce these laws. According to the Ministry of Social Policy, approximately 25 percent of persons with disabilities were employed.

Advocacy groups maintained that, despite the legal requirements, most public buildings remained inaccessible to persons with disabilities, restricting the ability of such persons to participate in society. Access to employment, education, health care, transportation, and financial services remained difficult (see section 7.d.).

There were reports of societal discrimination against persons with disabilities in places of public accommodation. For example, February media reports described how a young man in Lviv, who used a wheelchair, had been repeatedly denied membership in a fitness club since 2014. The club’s management gave several reasons for its refusal, including that his wheelchair could spread disease in the facility and that the man’s disability could scare off other patrons.

Inclusive education remained problematic. Authorities often did not integrate students with disabilities into the general student population. Only secondary schools offered classes for students with disabilities. State employment centers lacked resources to place students with disabilities in appropriate jobs.

NGOs noted the government was unable to provide outpatient care to persons with disabilities, thus putting the main burden on their families and forcing them to place children and sometimes adults with disabilities in state institutions.

Government policy favored institutionalization of children with disabilities over placement with their families. The state cared for more than 70,000 of the country’s estimated 150,000 children with disabilities, but lacked the legal framework and funds to deinstitutionalize them. Programs to provide for the basic needs of children with disabilities and inpatient and outpatient therapy programs were underfunded and understaffed. The inadequate number of educational and training programs for children with disabilities left many isolated and limited their professional opportunities in adulthood. Persons with disabilities in areas controlled by Russian-backed separatists in the east of the country suffered from a lack of appropriate care.

Patients in mental health facilities remained at risk of abuse, and many psychiatric hospitals continued to use outdated methods and medicines. According to the Ukrainian Psychiatric Association, insufficient funding, patients’ lack of access to legal counsel, and poor enforcement of legal protections deprived patients with disabilities of their right to adequate medical care.

Government monitors observed incidents of involuntary seclusion and application of physical restraints to persons with mental disabilities at psychiatric and neuropsychiatric institutions of the Ministry of Social Policy. Health-care authorities placed patients in isolated and unequipped premises or even metal cages, where authorities held them for long periods without proper access to sanitation.

By law employers must set aside 4 percent of employment opportunities for persons with disabilities. NGOs noted that many of those employed to satisfy the requirement received nominal salaries but did not actually work at their companies.

On September 7, parliament adopted legislation to harmonize the country’s law with international standards with respect to the rights of persons with disabilities.

National/Racial/Ethnic Minorities

Mistreatment of minority groups and harassment of foreigners of non-Slavic appearance remained problems. NGOs dedicated to combating racism and hate crimes observed that overall xenophobic incidents declined slightly during the year.

The law criminalizes deliberate actions to incite hatred or discrimination based on nationality, race, or religion, including insulting the national honor or dignity of citizens in connection with their religious and political beliefs, race, or skin color. The law imposes increased penalties for hate crimes; premeditated killing on grounds of racial, ethnic, or religious hatred carries a 10- to 15-year prison sentence. Penalties for other hate crimes include fines of 3,400 to 8,500 hryvnias ($126 to $315) or imprisonment for up to five years.

Human rights organizations stated that the requirement to prove actual intent, including proof of premeditation, to secure a conviction made application of the law difficult. Authorities did not prosecute any of the criminal proceedings under the laws on racial, national, or religious offenses. Police and prosecutors continued to prosecute racially motivated crimes under laws against hooliganism or related offenses.

According to the Prosecutor General’s Office, authorities registered 58 criminal investigations involving racial, national, or religious hatred during the first nine months of the year. Of these cases 13 were closed and 15 were forwarded to court. The International Organization for Migration (IOM), reported as of October 31, 10 documented cases of violence against racial or ethnic minorities that involved 17 victims. Victims of the attacks were from Afghanistan, the Democratic Republic of the Congo, Ghana, Jordan, Nigeria, and Syria, as well as citizens of Tajik, Jewish, and Muslim descent. Most of the incidents occurred in Dnipropetrovsk, Kyiv, Kharkiv, and Odesa. There were cases of vandalism, including arson, targeting Jewish and Romani property in the Dnipropetrovsk, Cherkasy, and Zakarpattya Oblasts and in Kyiv, Lviv, Odesa, and Mykolaev.

On January 4, the Pechersk District Court in Kyiv sentenced a participant in a racist attack at a Dynamo Kyiv football match to two years in prison. Investigations into other persons involved remained open.

Roma continued to face governmental and societal discrimination. Romani rights groups estimated the Romani population at between 200,000 and 400,000. Official census data placed the number at 47,600. The discrepancy in population estimates was due in part to a lack of legal documentation for many Roma. According to experts there were more than 100 Romani NGOs, but most lacked capacity to act as effective advocates or service providers for the Romani community. Romani settlements were mainly located in the Zakarpattya, Poltava, Cherkasy, Volyn, Dnipropetrovsk, and Odesa Oblasts. Roma experienced significant barriers accessing education, health care, social services, and employment due in part to discriminatory attitudes against them.

There were reports of societal violence against Roma during the year, including cases in which police declined to intervene to stop the violence. On August 27, police failed to stop a mob from attacking a Romani settlement near Loshchynivka, Odesa Oblast, and watched while the mob vandalized Romani homes and set at least one on fire. The mob formed in reaction to the news that police arrested a man of Romani heritage in connection with the killing and rape of a local nine-year-old girl. In subsequent days local authorities announced a plan to evict Roma from their homes forcibly but cancelled the plans after the majority of recently arrived Roma fled of their own accord. Odesa’s regional governor, Mikhail Saakashvili, appeared to condone the evictions, stating, “I fully share the outrage of the residents of Loshchynivka…there is massive drug-dealing in which the antisocial elements that live there are engaged. We should have fundamentally dealt with this problem earlier–and now it’s simply obligatory.”

There were several reports during the year that police arbitrarily detained Romani individuals, at times beating or mistreating them.

While the government in 2013 adopted a seven-year action plan to implement a strategy for protecting and integrating Roma into society, the European Roma Rights Center (ERRC) reported that it had not led to significant improvements for Roma. The ERRC monitored the plan in collaboration with the International Renaissance Foundation. According to human rights groups, the government did not allocate funds for the plan’s implementation.

According to parliament’s ombudsman for human rights, 24 percent of Roma have never had any schooling, and only 1 percent of the Romani population had a university degree. Approximately 31 percent of Romani children did not attend school. According to the ERRC, more than 60 percent of Roma were unemployed, creating a vicious cycle leading to social exclusion and marginalization. According to the ombudsman, securing employment was the main problem for the Romani minority. Approximately 49 percent of Roma named it as their most significant challenge.

According to the Romani women’s foundation, Chiricli, local authorities erected a number of barriers to prevent issuing passports to Roma. Authorities hampered access to education for persons who lacked documents and segregated Romani children into special schools or lower-quality classrooms.

During the year many Roma fled settlements in areas controlled by Russian-backed separatists and moved elsewhere in the country. According to Chiricli approximately 10,000 Roma were among the most vulnerable members of the country’s IDP community. Because many Roma lacked documents, obtaining IDP assistance, medical care, and education was especially difficult.

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

The labor code prohibits workplace discrimination on the basis of sexual orientation and gender identity. No law, however, prohibits such discrimination in other areas. LGBTI groups, along with international and domestic human rights organizations, criticized the lack of such language in the National Human Rights Strategy, although the action plan for implementation included provisions for incorporating LGBTI rights.

There was sporadic violence against LGBTI persons. For example, on February 28, hooligans assaulted two persons in Odesa after calling them a derogatory slur. While homophobic threats from right-wing nationalist groups continued, their presence at festivals and marches was often limited to several dozen counterprotesters. Although leading politicians and ministers condemned attacks on LGBTI gatherings and individuals, local officials sometimes voiced opposition to LGBTI rights and failed to protect LGBTI persons.

Overall, LGBTI groups enjoyed greater freedom to assemble than in past years. In most cases security forces and local officials deployed adequate security forces to prevent violence and protect conferences and marches. For example, security forces provided protection to an equality march in Kyiv on June 6 and a pride march in Odesa on August 11. In the case of the equality march, authorities deployed more than 6,000 security personnel, protecting more than 2,000 marchers including members of parliament. Police also adequately protected the equality festivals in Kyiv in May, in Dnipro in July, and in Zaporizhzhya in September. During an equality festival in Kyiv, right-wing groups telephoned a bomb threat. Instead of cancelling the event, security forces cleared the building, allowing the event to continue.

One notable exception was the Lviv equality festival on March 19. Hotels and conference spaces refused to honor reservations made by the festival, allegedly under pressure from city officials, who then banned all public gatherings. After the festival relocated to another hotel, security officials allowed right-wing radicals to threaten participants. After a bomb threat cancelled the conference, security forces evacuated participants on buses and took no action to prevent attacks from radicals, who threw rocks and firecrackers. Security forces failed to take action against right-wing groups that “went on safari,” seeking persons suspected of being LGBTI for attack throughout the next day. According to civil society groups, assailants injured five persons after the festival.

Nash Mir LGBT Human Rights Center reported 215 instances in which persons allegedly violated the rights of LGBTI persons in the country between January and September, including 133 instances of threats and 79 instances of violence, many related to attacks in and around the Lviv equality festival. Nash Mir stated that while the number of incidents increased, there were no reports of murder or grievous harm done to LGBTI persons in the first half of the year. Crimes and discrimination against LGBTI persons remained underreported, however; and law enforcement authorities only opened 17 cases related to such acts. Nash Mir stated that extortion remained a problem and anti-LGBTI groups employed social media to entrap LGBTI persons.

Transgender persons continued to face discrimination and stereotyping in media. Medical policies towards transgendered persons improved somewhat, as, individuals no longer had to undergo sex reassignment surgery to change their names and genders officially and could do so with counseling and hormone therapy. This procedure was approved by the Ministry of Health and registered with the Ministry of Justice during the year. Regulations still prevent reassignment for married individuals and those with minor children. Transgender persons claimed to have difficulty obtaining official documents reflecting their gender.

According to Nash Mir, the situation of LGBTI persons in Russian-occupied Crimea and parts of Donetsk and Luhansk Oblasts under the control of Russian-backed separatists was very poor. Most LGBTI persons either fled or have hidden their gender identity. According to a report published by the Center for Civil Liberties and Memorial’s Antidiscrimination Center in Saint Petersburg, violence and intimidation against LGBTI persons in territories controlled by Russian-backed separatists in Donetsk and Luhansk Oblasts was widespread and encouraged by Russian and Russian-backed authorities. According to the report, the Occupy Pedophilia movement was active and tolerated by local and Russian authorities. The group used social media to identify LGBTI persons and then abused them physically and verbally. According to the report, a foreign victim was beaten and forced to perform degrading acts. The report also claimed that Russian-backed separatists forced suspected LGBTI persons to dig trenches for military fortifications if ransoms were not paid.

There was overall improvement during the year in social attitudes towards homosexuality and a decline in homophobic rhetoric from churches and leading political figures, and increasing numbers of Verkhovna Rada members voiced support for LGBTI rights. Seven Verkhovna Rada members participated in the June equality march in Kyiv.

HIV and AIDS Social Stigma

UNICEF reported that children with HIV/AIDS were at high risk of abandonment, social stigma, and discrimination. Authorities prevented many children infected with HIV/AIDS from attending kindergartens or schools. They were subjected to neglect and isolated from other children. The most at-risk adolescents faced higher risk of contracting HIV/AIDs as well as additional barriers to accessing information and services for its prevention and treatment. Persons with HIV/AIDS faced discrimination and, at times, lacked access to treatment.

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for freedom of association as a fundamental right and establishes the right to participate in independent trade unions. The law also provides for the right of most workers to form and join independent unions, to bargain collectively, and to conduct legal strikes. There are no laws or legal mechanisms to prevent antiunion discrimination, although the labor code requires employers to provide justification for layoffs and firings, and union activity is not an acceptable justification. Legal recourse is available for reinstatement, back wages, and punitive damages, although observers described court enforcement as arbitrary and unpredictable, with damages too low to create incentives for compliance on the part of employers.

The law contains several limits to freedom of association and the right to collective bargaining. A number of laws that apply to worker organizations are excessively complex and contradictory. Unions reported significant bureaucratic hurdles in the registration process, entailing the payment of multiple fees and requiring visits to as many as 10 different offices. Efforts to reform legal entity registration complicated registration specifically for trade unions. Independent unions reported multiple incidents of harassment by local law enforcement officials while navigating the registration process, including nonstandard requests for documentation and membership information.

The legal procedure to initiate a strike was overly complex and effectively prohibited strike action in practice, contributing to increasing numbers of informal industrial actions. By law industrial disputes should follow procedures of consideration, conciliation, and labor arbitration that parties can draw out for months. Only after the exhaustion of this process are workers able to vote to strike, which courts may still block. The right to strike is also restricted by the requirement that a large percentage of the workforce (two-thirds of general workers’ meeting delegates or 50 percent of workers in an enterprise) must vote in favor of a strike before it may be called. Poorly defined legal grounds for striking allowed the government the possibility to deny the right to strike due to national security or to protect the health or “rights and liberties” of citizens. Additionally, the law prohibits strikes by overly broad categories of workers, including personnel in the Prosecutor General’s Office, the judiciary, the armed forces, the security services, law enforcement agencies, the transportation sector, and the public service sector.

In 2014 the European Court of Human Rights adjudicated restrictions in the transportation sector, declaring restrictions on strikes in the sector illegal. The decision required the government to amend legislation in conformity with the ruling, but, as of December, it had not done so. Transportation-sector workers could also refer to the Law on Transport, which regulates the strikes in the transport sector and allows strikes in case of nonfulfillment of administrative duties by employer.

Legal hurdles also made it difficult for independent unions, those not affiliated with the Federation of Trade Unions of Ukraine (FPU), to take part in tripartite negotiations, participate in social insurance programs, or represent labor at the national and international levels. These legal hurdles, set in place by outdated laws and an obsolete labor code, further entrenched the FPU and hindered the ability of smaller independent unions to act effectively when representing their members. Authorities did not enforce labor laws effectively or consistently. On the regulatory side, inspectors were limited in number and funding (also see section 7.e.). Throughout the year the labor inspection service continued to be functionally suspended due to an incomplete reorganization.

Observers disputed the independence of unions from government or employer control. Independent trade unions alleged that the country’s largest trade union confederation, the FPU, enjoyed a close relationship with employers and members of some political parties. Authorities further denied unions not affiliated with the FPU a share of disputed trade union assets inherited by the FPU from Soviet-era unions, a dispute dating back more than a decade.

Statutory worker-management commissions were not always effective. Management at times dominated the commissions. There were cases where workers who renounced membership in an FPU-affiliated union and joined an independent union faced loss of pay, undesirable work assignments, and dismissal.

Several pieces of legislation passed during the year weakened protection of freedom of association, including the aforementioned law complicating trade union registration and a law complicating the tax status of trade unions.

Independent union representatives continued to be subjected to violence and intimidation. In January the deputy head of the Kryvyi Rih, Dnipropetrovsk chapter of the Independent Trade Union of Miners of Ukraine (NPGU), Elena Maslova, was beaten on her way home from work. NPGU president, Mykhaylo Volinets, claimed the attack was in response to Maslova’s union activities. The union reported that authorities have not identified any perpetrators and did not investigate the attack.

In February the president of the Novovolinsk chapter of the NPGU, Anatoliy Muhomedzhanov, was beaten in the office of the mine’s director. The trade union alleged that multiple witnesses saw who beat him, but police did not pursue the incident.

Arrears and corruption issues exacerbated industrial relations and led to numerous protests. In August the NPGU leader in Selidovo and Novogrodifka, Victor Trifonov, set himself on fire during a sit-in in the Kyiv building of the Ministry of Energy and Coal of Ukraine. In response government officials accused trade union members of siding with separatists in the east of the country.

In September the president of the Free Health-care Workers Union, Oleg Panasenko, reported that unknown persons destroyed a union protest camp at the entrance of the Ministry of Health, while police were present and failed to intervene.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties for violations ranged from three to 15 years imprisonment and were sufficiently stringent to deter violations, but resources, inspections, and remediation were inadequate to provide for enforcement. In the first nine months of the year, the IOM assisted 777 victims of trafficking in the country: 312 women and 465 men. Approximately 93 percent of the victims had been subjected to labor exploitation.

There were reports of trafficking of women, men, and children for labor. Traffickers subjected some foreign nationals to forced labor in construction, agriculture, manufacturing, domestic work, the lumber industry, nursing, and street begging. Traffickers subjected some children to forced labor (see section 7.c.) The government made minor efforts to prevent or eliminate forced labor, citing a lack of budgetary resources.

According to the IOM, identified victims of trafficking received comprehensive reintegration assistance, including legal aid, medical care, psychological counseling, financial support, vocational training, and other types of assistance based on individual needs.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets 16 as the minimum age for most employment. Children who are 15 years of age may perform undefined “light work” with a parent’s consent, leaving the issue open to interpretation by employers and opening the system to abuse. The law allows children to do some forms of “nonhazardous” work beginning at 14 as part of an apprenticeship in the context of vocational training.

The government did not effectively enforce the law due to a lack of resources within the Ministry of Social Policy and a continued moratorium on surprise labor inspections for much of the year. Penalties for violations ranged from small fines for illegitimate employment or other labor law violations to prison sentences for sexual exploitation of a child or involvement of a child in illicit activities or pornography; they were insufficient to deter violations. The penalty for forcing children to beg is imprisonment for up to three years.

The most frequent violations of child labor laws related to work in hazardous conditions, long workdays, failure to maintain work records, and delayed salary payments.

As of September 20, the territorial bodies of the State Service on Labor had conducted 2,547 inspections in which they examined compliance with child labor laws. The inspections found 112 instances of the use of child labor and 105 violations of the law. The businesses inspected included 17 agricultural enterprises, 24 trade companies, 35 service providers, and 36 companies in other sectors. The inspections uncovered 252 working minors, of whom 56 were 14 to 15 years old and 196 were 16 to 18 years old.

There were reports of child soldiers among the Russian-backed separatist forces in the east of the country (see section 1.g., Child Soldiers).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination in the workplace based on race, color, political, religious and other beliefs, sex, gender identity, sexual orientation, ethnic, social, and foreign origin, age, health, disability, HIV/AIDS condition, family and property status, or linguistic or other grounds.

The government did not effectively enforce the law, and discrimination in employment and occupation reportedly occurred with respect to gender, disability, nationality, race, minority status, sexual orientation or gender identity, and HIV-positive status. The agriculture, construction, mining, heavy industry, and services sectors had the most work-related discrimination. The law provides for civil, administrative, and criminal liability for discrimination in the workplace. Penalties include a fine of up to 50 tax-free minimum incomes, correctional labor for a term of up to two years or restraint of liberty for a term up to five years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years. Such actions accompanied by violence, are punishable by correctional labor for a term of up to two years, imprisonment for a term of up to five years, or imprisonment for a term of two to five years, if such actions were committed by an organized group of persons or if they caused death or other grave consequences.

Industries dominated by female workers had the lowest relative wages. Women received lower salaries due to limited opportunities for advancement and the types of industries that employed them. According to the Human Rights Ombudsman’s Office, men earned on average 29.5 percent more than women. Domestic and international observers noted that women held few elected or appointed offices at the national and regional levels. Additionally, the law limits women’s employment opportunities and prohibits women from engaging in more than 500 occupations, including bulldozer operator and bus driver.

e. Acceptable Conditions of Work

The monthly minimum wage was 1,378 hryvnias ($51) from January 1 through April 30; it rose to 1,450 hryvnias ($54) on May 1 and to 1,600 hryvnias ($59) on December 1. As of January 1, 2017, the minimum wage for private-sector workers is to increase to 3,200 hryvnias ($119) according to the 2017 draft budget. The hourly minimum wage was 8.29 hryvnias ($0.31) from January through April and rose to 8.69 hryvnias ($0.32) on May 1 and to 9.29 hryvnias $.034) on December 1. Some workers in the informal sector received wages below the established minimum. The poverty income level rose during the year from 1,330 hryvnias ($49) per month to 1,399 hryvnias ($52) during the year.

The labor law provides for a maximum 40-hour workweek, with a minimum 42-hour period of rest per week and at least 24 days of paid vacation per year. It provides for double pay for overtime work and regulates the number of overtime hours allowed. The law requires agreement between employers and the respective local trade union organization on all overtime work and limits overtime to four hours during two consecutive days and 120 hours per year.

Wage arrears continued to be a major problem during the year. A lack of legal remedies, bureaucratic wrangling, and corruption in public and private enterprises, often blocked efforts to recover overdue wages, leading to significant wage theft.

In July the NPGU reported that arrears in the coal sector reached almost 496 million hryvnias ($18.4 million). Arrears and corruption issues exacerbated industrial relations and led to numerous protests.

Total wage arrears in the country rose during the year to 1.9 billion hryvnias ($70 million) as of September 1. More than half of the debt was in the Luhansk (23.2 percent), Donetsk, (19.6 percent), and Kharkiv (10.1 percent) regions.

The law requires employers to provide safe workplaces. While the law and associated regulations contain occupational safety and health standards, employers frequently ignored them due to the lack of enforcement mechanisms and the government’s failure to hold employers accountable for unsafe conditions. The law provides workers the right to remove themselves from dangerous working conditions without jeopardizing their continued employment. According to one NGO, employers in the metal and mining industries often violated the rule and retaliated against workers by pressuring them to quit.

Penalties for violations ranged from 510 to 1,700 hryvnias ($19 to $63), which were insufficient to deter violations. The State Labor Inspectorate was responsible for enforcing labor laws. Inspectors were limited in number and funding. By 2014, the latest date for which such data were available, the number of inspectors had dropped to 457 from 616, in large part due to a 70 percent funding cut that year.

The government did not effectively enforce minimum wage, hours of work, and occupational safety and health standards in all sectors, including the informal economy. Penalties for violations included fines of 50 to 100 tax-free minimum incomes, limitations on the right to occupy positions of responsibility or to engage in some activities for three to five years, correctional labor for up to two years, or arrest for up to six months if the actions committed affected a minor or a pregnant woman. It is impossible to determine whether these penalties were enough to deter violations as with little to no inspection regime, coupled with a largely nonfunctioning reporting mechanism, it was difficult for the government to detect violations. The government has had a moratorium in place on surprise inspections since 2014, with the goal of cutting the number of required inspections and certifications, deregulating the economy, and preventing corruption. The moratorium constrained the government’s ability to enforce labor laws effectively. During this period authorities required the State Labor Service and its predecessor, the State Labor Inspectorate, to pursue a lengthy interagency process to obtain permission from the Cabinet of Ministers to conduct an inspection. Labor inspections could also occur at a company’s request or upon the formal request of the investigator in the framework of criminal proceedings against a company.

Lax safety standards and aging equipment caused many injuries on the job. Wage arrears, nonpayment of overtime, operational safety problems, and health complaints were common in the mining industry.

Mineworkers, particularly in the illegal mining sector, faced very serious safety and health problems. Through September there were 144 incidents resulting in mining injuries, including 17 fatalities, or approximately 8 percent fewer injuries but 54 percent more fatalities than in the same period in 2015. During the same period, authorities reported 635 individual injuries to coal miners, or almost 17 percent above the same period in 2015. Also through September there were 3,168 occupational injuries for all employment types (including 298 fatalities), which was 0.5 percent (11 percent) above the same period in 2015. Workers faced unsafe situations in areas outside government control in the Donetsk and Luhansk Oblasts.

Despite Russian aggression close to industrial areas in the Donbas region, enterprises involved in mining, energy, media, retail, clay production, and transportation continued to operate through December. Fighting resulted in physical damage to mines and plants through loss of power, destroyed transformers, physical damage from shelling, and reportedly intentional flooding of mines by combined Russian-separatist forces. Miners were especially vulnerable, as loss of electrical power could strand them underground. Additionally, loss of electrical power threatened the operability of mine safety equipment that prevented the buildup of explosive gases.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

Russian occupation authorities did not adequately investigate cases of abductions and killings of Crimean residents from 2014 and 2015. According to the Ukrainian Ministry of Foreign Affairs, 12 Crimean residents who had disappeared during the occupation were later found dead. Occupation authorities did not investigate other suspicious deaths and disappearances, occasionally categorizing them as suicide. Human rights observers reported that families frequently did not challenge findings in such cases due to fear of retaliation.

b. Disappearance

According to the Ukrainian Ministry of Foreign Affairs and the Crimean Tatar Mejlis, as of October 1, 28 persons had disappeared since the occupation of Crimea, including 12 later found dead. Russian occupation authorities did not adequately investigate the deaths and disappearances. Human rights groups reported that police often refused to register reports of disappearances and intimidated and threatened with detention those who tried to report a disappearance. Ukrainian government and human rights groups believed Russian security forces kidnapped the individuals for opposing Russia’s occupation to instill fear in the population and prevent dissent.

On May 24, a group of uniformed men kidnapped Ervin Ibragimov, a member of the Bakhchisaray Mejlis and of the Coordinating Council of the World Congress of Crimean Tatars, after stopping his car on a road outside Bakhchisaray. Footage from a closed-circuit television camera showed the men forcing Ibragimov into a car and departing. According to the Crimea Human Rights Group, the men wore uniforms of the Ministry of Internal Affairs’ traffic police. According to the HRMMU, on May 25, Ibragimov’s father went to the Federal Security Service (FSB) in Simferopol to file a complaint and provide the television footage. The FSB officers allegedly refused to file the complaint and told him to send it by mail. A week before he disappeared, Ibragimov told friends that he had noticed a car waiting outside his house that later followed him during the day. Ibragimov had planned to travel to the town of Sudak on May 25 to attend the court hearing of a group of Crimean Tatars charged for holding an “unauthorized” gathering on May 18 to mark Crimean Tatar Deportation Remembrance Day. On June 1, Ibragimov’s employment record book and passport were found near a bar in Bakhchisaray. While occupation authorities opened an investigation into the case, according to the Crimea Human Rights Group, they specifically excluded the possibility of a political motivation for the disappearance or of state involvement.

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

There were widespread reports that Russian authorities in Crimea abused residents who opposed the occupation. Human rights monitors reported that Russian occupying forces subjected Crimean Tatars and ethnic Ukrainians in particular to physical abuse. For example, on June 11, Ukrainian blogger and activist, Yuri Ilchenko, escaped from house arrest in Sevastopol and fled across the administrative boundary to government-controlled Ukraine. Ilchenko had been awaiting trial on extremism charges from February 2015 for his online writings expressing his opposition to the occupation of Crimea. Ilchenko and his parents claimed to be the first individuals in Sevastopol formally to decline taking Russian citizenship. In August he gave several accounts to the press describing his mistreatment during detention in a pretrial facility in Simferopol that lasted from February 2015 through June 2. Ilchenko claimed that security officials had repeatedly beaten him and collaborated with other inmates to continue beatings and threats while he was in detention, to coerce him explicitly into taking Russian citizenship, and to punish him for speaking Ukrainian. He claimed they forced him to remain awake for days and beat him when he fell asleep in retaliation for refusing to wear a “St. George’s ribbon,” a Russian military symbol. Ilchenko claimed occupation authorities denied him clothing, bedding, and medical care.

Occupation authorities demonstrated a pattern of using punitive psychiatric incarceration as a means of pressuring detained individuals, including in the case of Ilmi Umerov (see section 1.d.). For example, on November 3, authorities ordered that six Crimean Tatar defendants accused of belonging to Hizb-ut-Tahrir be subjected to psychiatric evaluation and confinement against their will without apparent medical need (see section 1.d.).

Human rights monitors reported that occupation authorities also threatened individuals with violence or imprisonment if they did not testify in court against individuals that authorities believed were opposed to the occupation.

Prison and Detention Center Conditions

Physical Conditions: Prison and detention center conditions reportedly remained harsh and overcrowded. In June the director of the Russian Federal Prison System stated that Crimea lacked sufficient prison facilities and that there were twice as many inmates as there were cells necessary to house them. Human rights groups reported that prisons suffered from overcrowding and poor conditions.

According to a 2015 report on Crimea by the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) and the OSCE High Commissioner on National Minorities, health care in prisons had deteriorated since the occupation began. Yuri Ilchenko reported that prisoners in the Simferopol pretrial detention facility lacked proper food, sanitation, and health care. On March 1, the Crimea Human Rights Group reported that a group of four Crimean Tatars detained in February on politically motivated “terrorism” charges were living in cells in a Simferopol pretrial facility that were infested with fleas and bedbugs, were forced to sleep in shifts on a single filthy bed, and given food that contained cockroaches.

Administration: According to the 2015 OSCE/ODIHR report, persons incarcerated during the Russian occupation did not have the opportunity to retain Ukrainian citizenship. Russian authorities compelled all individuals who were in prison or pretrial facilities when the occupation began to accept Russian citizenship. As of August the Human Rights Ombudsman’s Offices of Ukraine and Russia were working on a solution that would allow some prisoners to return to Ukraine.

Independent Monitoring: Occupation authorities did not permit monitoring of prison or detention center conditions by independent nongovernmental observers or international organizations. Occupation authorities permitted “human rights ombudsman,” Ludmila Lubina, to visit prisoners, but human rights activists regarded Lubina not as an independent actor but as representing the interests of the occupation authorities.

d. Arbitrary Arrest or Detention

Occupation authorities arbitrarily detained protesters, activists, and journalists for opposing the Russian occupation.

ROLE OF THE POLICE AND SECURITY APPARATUS

Russian government agencies, including the Ministry of Internal Affairs, the FSB, the Federal Investigative Committee, and the Office of the Prosecutor General applied and enforced Russian law in Crimea. The FSB also conducted security, counterintelligence, and counterterrorism activities and combatted organized crime and corruption. A “national police force” operated under the aegis of the Russian Ministry of Internal Affairs.

In addition to abuses committed by Russian forces, “self-defense forces,” largely consisting of former Ukrainian Ministry of Interior officers allegedly linked to local organized crime, reportedly continued to operate and commit abuses. These forces often acted with impunity in intimidating perceived occupation opponents and were involved in extrajudicial detentions and arbitrary confiscation of property. While the “law” places the “self-defense forces” under the authority of the “national police,” their members continued to commit abuses while receiving state funding for their activities as well as other rewards, such as beachfront property and service medals. For example, on December 8, members of “self-defense” forces allegedly beat two residents of the village of Shchelkino. Police arriving at the scene declined to arrest members of the self-defense forces. An investigation into the incident continued.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Arbitrary Arrest: There were reports that Russian occupation authorities made arbitrary arrests, in particular targeting Crimean Tatars.

On May 12, police arrested Ilmi Umerov, a member of the Crimean Tatar Mejlis, accusing him of “undermining the territorial integrity of the Russian Federation” for stating that Crimea remains part of Ukraine. Umerov, who suffered from health problems, has since been taken from court hearings in poor health. On August 18, Umerov was forcibly subjected to psychiatric hospitalization, ostensibly for an examination, exacerbating his health problems. On September 7, occupation authorities released him from the hospital following international publicity over the case. At year’s end his case remained in pretrial investigation.

As of October 25, occupation authorities had arrested 19 Crimean residents, mostly Crimean Tatars, accusing them of belonging to Hizb-ut-Tahrir, a pan-Islamic organization prohibited in Russia but not Ukraine. Human rights groups believed occupation authorities intended to intimidate Crimean Tatars, discredit the Mejlis leadership, and instill fear in the local population to prevent dissent through the arrests.

Russian authorities continued to detain Akhtem Chiygoz, the deputy leader of the Crimean Tatar Mejlis. Russian authorities arrested Chiygoz in January 2015 and charged him with “inciting a mass riot” during protests he organized at the Crimean parliament in 2014 that were disrupted by pro-Russian activists, resulting in clashes between the groups. Subsequently, occupation authorities prosecuted individuals alleged to have participated in the protest, although Russia did not exercise control over Crimea at the time. Human rights groups reported that authorities reviewed video of the incident and selectively brought charges against leading Crimean Tatar and Ukrainian individuals who subsequently opposed the occupation, in particular members of the Crimean Tatar Mejlis. Video footage shows Chiygoz and other Crimean Tatar leaders working to defuse tensions in the hopes of avoiding clashes with counterprotesters. Occupation authorities refused to investigate acts of violence committed by pro-Russian “protesters,” who were likely working for Russian security services according to independent observers. On December 12, authorities extended Chiygoz’s detention until April 2017.

Throughout the year Russian authorities conducted mass arrests designed to humiliate and intimidate Crimean Tatars. On April 1, Russian security forces detained 35 men, mostly Crimean Tatars, in Pionierske, took them to a “center to combat extremism,” and collected DNA samples from them. Human rights groups claimed that Russian security forces attempted to recruit some as police informants. On May 6, Russian security forces detained more than 100 Crimean Tatars at a mosque in Molodizhne. On May 7, Russian security forces detained another 35 Muslims, many of whom were Crimean Tatars, at a market in Simferopol.

e. Denial of Fair Public Trial

Under the Russian occupation regime, the “judiciary” was neither independent nor impartial.

TRIAL PROCEDURES

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

POLITICAL PRISONERS AND DETAINEES

Russian occupation authorities routinely detained and prosecuted individuals for political reasons (see section 1.d.). They also transferred Crimean cases to Russia’s legal system and changed the venue of prosecution for some detainees. Human rights groups identified several dozen Crimean residents as political prisoners held in either Crimea or Russia. These included: Oleg Sentsov, Oleksander Kolchenko, Oleksiy Chirniy, Oleksander Kostenko, Ilmi Umerov, Akhtem Chiygoz, Ali Asanov, Mustafa Dehermedzhy, Mykola Semena, Andrii Kolomiets, Ruslan Zaytullaev, Rustam Vaytov, Nuri Primov, Ferat Sayfullaev, Enver Bekirov, Vadim Siruk, Muslim Aliev, Emir-Ussein Kuku, Refat Alimov, Arcen Dzhepparov, Enver Mamutov, Remzi Memetov, Zevri Abseitov, Rustem Abultarov, and others.

According to Mejlis member Gayana Yuksel, as of October 26, occupation authorities have deprived 67 Crimean Tatar children of a parent because of politically motivated imprisonment since the start of the occupation.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

Occupation authorities and others engaged in electronic surveillance, entered residences and other premises without warrants, and harassed relatives and neighbors of perceived opposition figures.

Russian occupation authorities routinely conducted raids on homes to intimidate the local population, particularly Crimean Tatars and ethnic Ukrainians, ostensibly on the grounds of searching for weapons, drugs, or “extremist literature.” In its June report, the HRMMU expressed concern about “the growing number of large scale ‘police’ actions conducted with the apparent intention to harass and intimidate Crimean Tatars and other Muslim believers.” On February 11 and 12, Russian occupation authorities raided Crimean Tatar villages in the Yalta and Bakhchisaray regions. According to the Crimea Human Rights Group, men with guns and in balaclavas burst into homes and in some cases broke through doors or windows, despite encountering no resistance from the residents. Between April 16 and 20, authorities conducted several raids on Crimean Tatar homes in the Alyushta region. According to press reports, police entered Crimean Tatar homes and demanded to know how many persons lived in the house, where they went shopping, where their children studied, and who sold drugs in the village. They also demanded to inspect gardens and greenhouses.

Human rights groups reported that Russian authorities had widespread authority to tap telephones and read electronic communications and had established a network of informants to report on suspicious activities. According to Mejlis members, Russian authorities had invited hundreds of Crimean Tatars to “interviews” where authorities played back the interviewees’ telephone conversations and read their e-mail aloud. Media reported that in July the FSB interviewed a doctor in a Feodosia hospital after a colleague had denounced him for privately expressing pro-Ukrainian views. The doctor stated that posters in the hospital hallways advertised an FSB hotline. The eavesdropping and visits by security personnel create an environment in which persons are afraid to voice any opinion contrary to the occupation authorities, even in private.

According to press reports, on January 22, the Russian FSB sent a notice to all post offices in Crimea containing a list of individuals deemed “extremist,” but which was in fact a list of individuals known to oppose the occupation, with instructions to report to the FSB any correspondence sent or received by these individuals.

Occupation authorities harassed family members of a number of political opponents. On February 2, Russian migration and security officials questioned Erol Abdulzhelilov, grandson of Crimean Tatar leader Mustafa Jemilev, demanding his passport and summoning him to a police station. On February 18, Russian authorities summoned Yevgeny Kostenko, the brother of Oleksander Kostenko, imprisoned on political grounds, and threatened him with a forced psychiatric examination when he refused to answer questions. On September 26, occupation authorities pressured the young children of imprisoned Crimean Tatar activist, Emir-Ussein Kuku, to make statements about Kuku that could be used to strip him of his parental rights.

Following the sabotage of electrical lines from government-controlled territory to occupied Crimea, Russian officials cut power and natural gas to the homes of Crimean Tatar Mejlis members in retaliation.

a. Freedom of Speech and Press

Occupation authorities significantly restricted freedom of speech and press, and subjected dissenting voices to harassment and prosecution. They refused to register independent print and broadcast media outlets, forcing them to cease operations. Threats and harassment against international and Ukrainian journalists were common.

Freedom of Speech and Expression: Individuals could not publicly criticize the Russian occupation without fear of reprisal. Human rights groups reported that the FSB engaged in widespread surveillance of social media, telephones, and electronic communication and routinely summoned individuals for “discussions” for voicing or posting opposition to the Russian occupation.

For example, on August 12, occupation authorities in Yalta charged Larysa Kitaiska with extremism because of a social media posting that they believed to be anti-Russian. Kitaiska had left Crimea for mainland Ukraine after the occupation began, but had temporarily returned to resolve a property matter when she was charged. Kitaiska left Crimea shortly after she was charged; she maintained that occupation authorities brought the case in retaliation for her pro-Ukrainian views and participation in the 2013-14 Euromaidan movement.

On October 5, armed security forces raided the home of Suleyman Kadyrov, a member of the Feodosia Mejlis, because of a March Facebook posting in which Kadyrov stated that Crimea remains a part of Ukraine. On October 11, occupation authorities charged Kadyrov with separatism.

Press and Media Freedoms: Independent print and broadcast media could not operate freely. Occupation authorities refused to register most independent media outlets, forcing them to close in 2015.

On March 25, Krymska Svitlytsya, the only Ukrainian-language newspaper remaining in Crimea, ceased publication. According to its website, the newspaper moved operations to Kyiv after it could no longer provide for the safety of its employees in Crimea.

On January 15, Russian occupation forces detained blogger and journalist Zair Akadyrov as he covered the trial of the “February 26” group of political prisoners and took him to a police precinct for questioning.

On December 7, the “prosecutor general” of Crimea charged Mykola Semena with “undermining Russian territorial integrity via mass media,” a criminal offense punishable up to five years in prison. Semena, a freelance writer for the news website Krym Realii, had written pieces using a pseudonym criticizing the de facto Crimean government and Russian occupation. Occupation authorities detained Semena twice in 2015, and human rights groups believed that Russian security forces hacked into his computer to prove he had written articles critical of the occupation. Authorities placed Semena, who was in poor health, under house arrest in April, under the condition that he not leave Crimea. On September 29, a judge denied Semena’s request to seek medical treatment in government-controlled Ukraine.

On June 14, Russian occupation authorities arrested Alexi Sapov, editor of Argumenty Nedeli-Krym. Sapov was one of the last reporters to cover the trials of Crimean Tatars. Sapov was previously a journalist in Vladimir, Russia, where his reporting led to accusations that he had blackmailed a member of the Russian parliament. Russian authorities extradited Sapov to Vladimir, Russia.

Violence and Harassment: There were numerous cases of Russian security forces or police harassing independent media and detaining journalists in connection with their professional activities.

On May 11, Russian authorities detained Igor Burdyga, a Ukrainian journalist covering the anniversary of the deportation of Crimean Tatars. According to Burdyga authorities detained him for his journalistic work, accused him of being a member of the Ukrainian nationalist group Right Sector, and forced him to testify that he had been involved in the demolition of electrical power lines in Ukraine that supplied Crimea. After seven hours of detention, authorities released Burdyga and he left Crimea.

Censorship or Content Restrictions: Following Russia’s occupation of Crimea, journalists overwhelmingly resorted to self-censorship to continue reporting and broadcasting. Russian occupation authorities banned most Ukrainian and Crimean Tatar-language broadcasts, replacing the content with Russian programming. Human rights groups reported that Russian authorities forbade songs by Ukrainian singers, such as Ruslana and Jamala, from playing on Crimean radio stations. Censorship of independent internet sites became more widespread.

INTERNET FREEDOM

Russian occupation authorities restricted free expression on the internet by imposing repressive laws of the Russian Federation on Crimea (see section 2.a. of the Country Reports on Human Rights for Russia). Security services routinely monitored and controlled internet activity to suppress contrary opinions. According to media accounts, occupation authorities interrogated residents of Crimea for posting pro-Ukrainian opinions on Facebook or in blogs.

On May 27, journalist Lilia Bujurova received a warning from security forces about postings she made on social media that Crimea was part of Ukraine.

On November 11, the Yevpatoria city court sentenced Serhiy Vasylchenko, a local anarchist, to 10 days in jail for “extremism” after he made calls on social media to boycott the Russian Duma elections in Crimea.

Throughout the year, Russian authorities blocked internet sites they considered “extremist,” but that in fact provided mainstream reporting about the situation in Crimea. For example, in February they blocked the sites of Ukrainska Pravda, censor.net, and Apostrophe. Following the arrest of Mykola Semena in April, Russian authorities blocked the website of Krym Realii. By August Russian authorities had blocked more than 60 websites as “extremist” for stating that Crimea remained a part of Ukraine.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Russian authorities in Crimea engaged in a widespread campaign to suppress Crimean Tatar and Ukrainian languages. While Crimean Tatar and Ukrainian are official languages in occupied Crimea, authorities continued to reduce instruction in schools and offered the languages only as an optional language at the end of the school day. In 2015 authorities closed the Crimean Tatar school in Bakhchysarai. The Mejlis reported that authorities continued to pressure Crimean Tatars to use the Cyrillic, as opposed to the Latin, alphabet.

On May 27, Russian security officers interviewed children at School No. 15 in Blizhne, Feodosia District, after receiving reports that some had not worn the St. George’s Ribbon, a Russian military symbol, on May 9. According to human rights monitors, authorities interviewed students about their opinions on Ukrainian sovereignty over Crimea. Authorities singled out Crimean Tatar boys for questioning, and witnesses reported that FSB officers stated they would conduct similar investigations in the future.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF ASSEMBLY

Organizations representing minority communities reported gross and widespread harassment and intimidation by occupation authorities to suppress their ability to assemble peacefully. Abuses included arbitrary searches, interrogations, threats of deportation, and unsubstantiated accusations of possessing “extremist” literature.

According to the HRMMU, on July 4, occupation authorities amended a 2014 resolution listing the places in Crimea where public events could be held, decreasing the number almost by half (from 665 to 366). The HRMMU noted that the amendments further restricted freedom of assembly to a shrinking number of “specially designated spaces,” an unnecessary move that appeared “designed to dissuade the exercise of the right of freedom of assembly.”

On March 1, authorities in Simferopol refused to allow the commemoration of the birthdate of Taras Shevchenko, the national poet of Ukraine. On March 9, Simferopol authorities issued a blanket prohibition on public gatherings not organized by the government from March 7 to March 22.

Occupation authorities prohibited gatherings and meetings to commemorate the 72nd anniversary of the 1944 Soviet mass deportation of Crimean Tatars on May 18. On May 17, Ilmi Umerov received a preemptive warning from police not to organize any type of gathering. In the days leading up to the anniversary, schoolteachers forbade students, particularly Crimean Tatar students, to skip school to participate in commemorative events. The Mejlis reported that Crimean Tatar communities did not seek permission for gatherings as they assumed that occupation authorities would forbid them. Throughout Crimea peaceful assemblies took place, but authorities arrested Crimean Tatars displaying flags and other symbols, including at least one person in Bakhchysarai, four in the Kirovsky District, and four in Sudak.

Occupation authorities forbade any assembly marking Crimean Tatar Flag Day on June 26.

On August 20, a group named The Deceived of Crimea gathered in Simferopol to protest rampant corruption in Crimea following Russia’s occupation in 2014. Despite having obtained permission from the local government, authorities prohibited protesters from assembling for a demonstration planned to coincide with a visit by President Putin of Russia.

There were reports of occupation authorities using coercive methods to provide for participation at pro-”government” rallies. For example, according to press reports, a Duma candidate shared on social media a photograph of an order authorities sent to municipal government offices in Feodosia, which stated that attendance at a September 8 rally in support of the United Russia party was mandatory and that those unable to attend must write an explanatory note to their superiors.

There were reports that occupation authorities charged and fined individuals for allegedly violating public assembly rules in retaliation for gathering to witness security force raids on homes. For example, courts fined at least five Crimean Tatars for gathering to witness security force raids on neighboring homes in Bakhchisarai in May. Crimean Tatar leaders claim the charges were designed to intimidate Crimean Tatars into passively remaining in their homes during raids.

FREEDOM OF ASSOCIATION

Occupation authorities broadly restricted freedom of association for individuals that opposed the occupation.

On February 15, the “prosecutor general” of Crimea filed a motion to ban the Crimean Tatar Mejlis, an elected, representative body of Crimean Tatars that the Ukrainian government legally recognizes. On April 13, the prosecutor general provisionally banned the Mejlis pending a court decision; the Russian Ministry of Justice upheld the decision on April 18. On April 26, a Russian occupation court declared the Mejlis an extremist organization for continuing to recognize Ukrainian sovereignty in Crimea. On September 29, the Russian Supreme Court upheld the lower court’s decision. The ban forbids Mejlis organized meetings or demonstrations, sharply restricts its financial activities, and prohibits the display of the Mejlis flag and symbols. While the Mejlis was led by a central council of 33 members, its organization extended to towns and villages, meaning that up to 2,000 local members of Mejlis groups were under threat.

In late September authorities fined at least eight Mejlis members for allegedly taking part in a meeting of an illegal organization, stemming from their informal gathering at the home of Ilmi Umerov on September 22. They had gathered to wish exiled Crimean Tatar leader, Refat Chubarov, a happy birthday via Skype, but authorities had monitored the meeting and determined that it constituted a meeting of the banned Mejlis. On December 29, Umerov announced that he was unable to pay the fine as occupation authorities had frozen his bank accounts by putting him on a list of “extremists.”

On February 11, Russian authorities summoned Nariman Jelal, the highest ranking member of the Crimean Tatar Mejlis not incarcerated or exiled, demanding he detail the activities of the Crimean Tatar Mejlis and his future travel plans.

Russian authorities raided groups and institutions associated with Ukrainian culture. On March 31, security forces raided the Taras Shevchenko Association in Simferopol and seized approximately 250 books for promoting Ukrainian nationalism. Many of the seized materials dealt with the Holodomor, a famine produced by Soviet authorities in 1932 and 1933 that led to the deaths of millions of Ukrainians. On July 18, authorities questioned Leonid Kuzmin, a member of the Ukrainian Cultural Association. Authorities compelled Kuzmin to sign a nondisclosure agreement, forbidding discussion of the grounds for his questioning.

Russian occupation authorities carried out numerous raids on Crimean Tatar cultural and spiritual institutions. On January 27, Russian police raided the Crimean Tatar children’s center Elif in Dzhankoi, seizing books and materials. On January 28, police raided the Islamic Cultural Center in Simferopol, again seizing books and materials.

Russian laws imposed on Crimea that regulate NGOs prohibit any group that receives foreign funding and engages in vaguely defined “political activity” to register as a “foreign agent,” a term that connotes treason or espionage. While authorities had not included any Crimean NGOs on the list during the year, the law had a chilling effect on their activities (see sections 2.b. and 5 of the Country Reports on Human Rights for Russia).

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

Russian occupation authorities did not respect rights related to freedom of movement and travel.

In-country Movement: There were reports that occupation authorities selectively detained and at times abused persons attempting to enter or leave Crimea. According to human rights groups, Russian authorities routinely detained adult males at the administrative boundary for additional questioning, threatening to seize passports and documents, seizing telephones and memory cards, and questioning them for hours. Crimean residents travelling on Ukrainian passports were required to complete migration paperwork when crossing the administrative boundary between Kherson Oblast and occupied Crimea. As of April 1, Russian authorities forbade Crimean residents with Ukrainian license plates from driving out of Crimea and required all Crimean residents to obtain Russian driver licenses.

On February 25, when Ukrainian journalist Anastasia Ringis attempted to visit her parents in Crimea, Russian authorities prohibited her from entry until 2020. On March 22, Ukrainian authorities reported that Russian occupation authorities banned Kherson residents Rustem Gugurik, Bekir Gugurik, and Bilyal Seytumerov from admission to Crimea for five years.

Occupation authorities also prohibited entry into Crimea by Mustafa Jemilev and Refat Chubarov, members of the Verkhovna Rada and the former and current chairmen of the Crimean Tatar Mejlis, respectively; Crimean Tatar activist Sinaver Kadyrov; and Ismet Yuksel, general director of the Crimean News Agency, on the pretext that they would incite radicalism.

There were reports that authorities forcibly relocated stateless persons in retaliation for their political activism. For example, on November 7, authorities deported Crimean Tatar activist Nedim Khalilov, who had initiated a court case several months earlier against occupation authorities, which sought to have Russia’s occupation of Crimea declared illegal. Khalilov possessed only a Soviet identity document, which stated that his place of birth was Uzbekistan. He had obtained neither Ukrainian nor Russian citizenship on ideological grounds. After a brief court hearing, occupation authorities forcibly deported Khalilov to a detention center in Russia; at year’s end, he was still awaiting deportation to Uzbekistan, where he had no relatives, housing, or other support.

Citizenship: Russian occupation authorities require all residents of Crimea to be Russian citizens. Those who refuse Russian citizenship may be subjected to arbitrary expulsion. According to the Russian Office of the Federal Bailiff’s Service, occupation authorities expelled a couple with Israeli and Ukrainian citizenships from Kerch in February. Additionally, authorities denied those who refused Russian citizenship access to government employment, education, and health care, as well as the ability to open bank accounts and buy insurance, among other limitations. One media report detailed the case of a woman in Yevpatoria who could not have stitches removed because she had not accepted Russian citizenship. In another case, a displaced person from the Donbas could not receive treatment for a dog bite.

According to media sources, Russian authorities prosecuted private employers who continued to employ Ukrainians. According to the Crimea Human Rights Group, on April 8, occupation authorities fined the company Voyazhkrym 35,000 rubles ($570) for employing a Ukrainian. On April 18, authorities fined the Fregat shipbuilding company in Kerch 250,000 rubles ($4,100) for employing a Ukrainian.

In some cases authorities compelled Crimean residents to surrender their Ukrainian passports, complicating international travel, as many countries did not recognize passports issued by Russian occupation authorities.

Occupation authorities announced that, as of January 1, individuals who retained Ukrainian citizenship must register their passports or be subjected to fines or imprisonment.

INTERNALLY DISPLACED PERSONS

Approximately 30,000 residents of Crimea registered with Ukraine’s State Emergency Service as IDPs on the mainland, according to the UN Office for the Coordination of Humanitarian Affairs. The Mejlis and local NGOs, such as Krym SOS, believed the actual figure could be as high as 100,000 as most IDPs remained unregistered. Many individuals fled out of fear that occupation authorities would target them for abuse because of their work as political activists or journalists. Muslims, Greek Catholics, and Evangelical Christians who left Crimea said they feared discrimination due to their religious beliefs.

Crimean Tatars, who made up the largest number of IDPs, said they were concerned about pressure on their community, including an increasing number of arbitrary searches of their homes, surveillance, and discrimination. Additionally, many professionals left Crimea because Russian occupation authorities required them to apply for Russian professional licenses and adopt Russian procedures in their work.

Recent Elections: Russian occupation authorities have prevented residents from voting in Ukrainian national and local elections since Crimea’s occupation began in 2014.

On September 18, Russia’s nationwide parliamentary elections included seats allocated for occupied Crimea, a move widely condemned by the international community. The Crimea Human Rights Group recorded incidents where occupation authorities coerced residents into voting in the elections, including threats of dismissals and wage cuts.

Corruption: There were multiple reports during the year of systemic rampant corruption among Crimean “office-holders,” including through embezzlement of Russian state funds allocated to support the occupation. According to media reports, more than half of the funding for transportation infrastructure during the year was misspent or unaccounted for, and funds for infrastructure in Crimea were being funneled to the Kerch bridge project without adequate oversight. Human rights sources also reported misspent or stolen medical services funds adversely affected the provision of health care under Russian occupation.

Financial Disclosure: There were no known requirements for Russian occupation authorities or their agents to file, verify, or make public any income or asset disclosure statements, nor was there a mechanism to provide for public access to information about their activities.

Most independent human rights organizations ceased activities in Crimea following Russia’s occupation. Occupation authorities refused to cooperate with independent human rights NGOs and ignored their views, and they harassed human rights monitors and threatened them with fines and imprisonment.

Russia continued to deny access to the peninsula to international human rights monitors from the OSCE and the United Nations. A Council of Europe human rights delegation visited Crimea in April.

The Assembly has a committee on legal issues, public administration, and human rights.

Children

Birth Registration: Under both Ukrainian law and laws imposed by Russian occupation authorities, either birthplace or parentage determines citizenship. Russia’s occupation and purported annexation of Crimea complicated the question of citizenship for children born after February 2014, since it was difficult for parents to register a child as a citizen with Ukrainian authorities. Registration in Ukraine requires a hospital certificate, which is retained when a birth certificate is issued. Under the occupation regime, new parents could only obtain a Russian birth certificate and did not have access to a hospital certificate. During the year Ukrainian government instituted a process whereby births in Crimea could be recognized with documents issued by occupation authorities.

Institutionalized Children: There were reports that Russian authorities continued to permit kidnapping of orphans in Crimea and transporting them across the border into Russia for adoption. Ukraine’s government did not know the whereabouts of the children.

Anti-Semitism

According to Jewish groups, an estimated 10-15,000 Jews lived in Crimea, primarily in Simferopol. There were no reports of anti-Semitic acts.

National/Racial/Ethnic Minorities

Since the beginning of Russia’s occupation, authorities singled out Crimean Tatars and Ukrainians for discrimination, abuse, deprivation of religious and economic rights, and violence, including killings and abductions (see sections 1.a., 1.b., 1.c., 1.d., 1.f., 2.a., 2.b., and 2.d.).

Crimean Tatars are an ethnic group native to Crimea, dating most recently to the Crimean Khanate of the 15th century. In 1944 Soviet authorities forcibly deported more than 230,000 Crimean Tatars to the Soviet Far East for allegedly collaborating with the Nazis during World War II. Following the dissolution of the Soviet Union, many surviving Crimean Tatars returned to Crimea. Prior to the Russian occupation, there were approximately 300,000 Crimean Tatars living in Crimea.

There were reports that government officials openly advocated discrimination and violence against Crimean Tatars. For example, during a public online discussion on December 13, Natalya Kryzhko, a member of the “parliament,” threatened to “load [Crimean Tatars] on barges and drown them in the Black Sea” in reaction to requests by two Crimean Tatar villages to restore their historic Crimean Tatar place names.

Occupation authorities harassed Crimean Tatars for speaking their language in public and forbade speaking it in the workplace. There were reports that teachers prohibited schoolchildren from speaking Crimean Tatar to one another.

Occupation authorities placed restrictions on the Spiritual Administration of Crimean Muslims, which is closely associated with Crimean Tatars. According to human rights groups, Russian security services routinely monitored prayers at mosques for any mention that Crimea remains part of Ukraine. Russian security forces also monitored mosques for anti-Russian sentiment and as a means of recruiting police informants.

Laws forbid religious gatherings outside established institutions. Crimean Tatars reported that Russian occupation authorities threatened the custom of home funeral services and have compiled lists of gravediggers and Muslim leaders.

Russian occupation authorities also targeted ethnic Ukrainians. According to the Crimean Human Rights Group, on June 10, a court convicted Vladimir Baluch of insulting an official during an investigation into a stolen automobile. Baluch maintained the charges were in retaliation for his displays of Ukrainian ethnic symbols and opposition to the occupation. On December 8, the FSB raided Baluch’s home after he posted a sign “renaming” his street in honor of the “heavenly hundred” protesters who died during the 2013-14 Euromaidan protests in Kyiv. During the raid the FSB claimed to have found explosives, which Baluch insists its agents planted, and arrested Baluch. He faced weapons charges carrying a prison term of four years. On December 27, a court extended his detention until February 2017. In 2015 security forces detained and beat Baluch for flying a Ukrainian flag at his home.

Occupation authorities have not permitted churches linked to ethnic Ukrainians, in particular the Ukrainian Orthodox Church-Kyiv Patriarchate (UOC-KP) and the Ukrainian Greek Catholic Church, to register under Russian law. Occupation authorities harassed and intimidated members of the churches and used court proceedings to force the UOC-KP in particular to leave properties it had rented for years. According to a January 16 court decision, the UOC-KP was compelled to vacate part of the St. Vladimir and Olga church in Sevastopol after its lease expired and was required to pay an administrative fine of nearly 600,000 rubles ($9,800). Church officials reported regular and systematic surveillance of UOC-KP churches and parishioners.

Russian occupation authorities targeted businesses and properties belonging to ethnic Ukrainians and Crimean Tatars for expropriation and seizure. Particularly, they prohibited Crimean Tatars affiliated with the Mejlis from registering businesses or properties.

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

Human rights groups and local gay rights activists reported that much of the LGBTI community fled Crimea after the Russian occupation began. Those who remained live in fear of verbal and physical abuse due to their sexual orientation. According to a report commissioned by the Ukrainian Center for Civil Liberties and Memorial’s Antidiscrimination Center in Saint Petersburg, the Russian group Occupy Pedophilia is active in Crimea. The group used social media to lure suspected LGBTI persons to locations where they are humiliated, filmed, and beaten. According to one report, a group of six men patrolling a park beat two individuals in Simferopol. The victims did not file a complaint with police for fear of retaliation. Individuals were accosted and abused for wearing nonconformist clothing, on the assumption that they must be LGBTI persons. Human rights groups stated that these groups operated with the tacit support of local authorities, who did not investigate such crimes.

Russian occupation authorities prohibited any LGBTI groups from holding public events in Crimea. On April 25, an LGBTI activist in Sevastopol announced plans to hold a peaceful protest. In response Sergei Aksyonov, the head of the occupation authorities in Crimea, stated that authorities would prevent any such assembly. Subsequently, “self-defense” forces threatened to expel LGBTI individuals from Crimea forcibly. LGBTI individuals faced increasing restrictions on their right to assemble peacefully, as occupation authorities enforced a Russian law that criminalizes the so-called propaganda of nontraditional sexual relations to minors (see section 6 of the Country Reports on Human Rights for Russia).

Russian occupation authorities announced that the labor laws of Ukraine would no longer be in effect after January 1 and that only the laws of the Russian Federation would apply (see section 7 of the Country Reports on Human Rights for Russia).

Russian occupation authorities imposed labor laws and regulations of the Russian Federation on Crimean workers, limited worker rights, and created barriers to freedom of association, collective bargaining, and the ability to strike. The NGO Freedom House reported that pro-Russian authorities threatened to nationalize property owned by Ukrainian labor unions in Crimea. Ukrainians who did not accept Russian citizenship faced job discrimination in all sectors of the economy. Only Russian passport holders could continue to work in “government” and municipal positions.

READ A SECTION: UKRAINE | CRIMEA (ABOVE)