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Belarus

Executive Summary

Belarus is an authoritarian state. The constitution provides for a directly elected president who is head of state and a bicameral parliament, the National Assembly. A prime minister appointed by the president is the nominal head of government, but power is concentrated in the presidency, both in fact and in law. Citizens were unable to choose their government through free and fair elections. Since 1994 Alyaksandr Lukashenka has consolidated his rule over all institutions and undermined the rule of law through authoritarian means, including manipulated elections and arbitrary decrees. All elections subsequent to 1994, including the August 9 presidential election, have fallen well short of international standards. The 2019 National Assembly elections also failed to meet international standards.

The Ministry of Internal Affairs exercises authority over police, but other bodies outside of its control, for example, the Committee for State Security, the Financial Investigations Department of the State Control Committee, the Investigation Committee, and presidential security services, also exercise police functions. The president has the authority to subordinate all security bodies to the president’s personal command. Lukashenka maintained effective control over security forces. Members of the security forces committed numerous abuses.

The country experienced massive civil unrest following the August 9 presidential election as demonstrators protested widespread vote rigging by Lukashenka as well as the government’s widespread use of brute force against and detentions of peaceful protesters. Weekly protests drawing at their peak up to hundreds of thousands of protesters began election night and continued through the end of the year.

Significant human rights issues included: unlawful or arbitrary killings by security forces; torture in detention facilities and cases of cruel, inhuman, or degrading treatment or punishment by security forces; harsh and life-threatening prison conditions; arbitrary arrest and detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, site blocking, internet blockages, and the existence of laws regarding criminal libel, slander, and defamation of government officials; overly restrictive nongovernmental organization laws; substantial interference with the freedom of peaceful assembly and freedom of association, including the imposition of criminal penalties for calling for a peaceful demonstration and laws penalizing the activities and funding of groups not approved by authorities; restrictions on freedom of movement; inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation, including persistent failure to conduct elections according to international standards; serious acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; and restrictions on independent trade unions; and significant restrictions on workers’ freedom of association.

Authorities at all levels generally operated with impunity and always failed to take steps to prosecute or punish officials in the government or security forces who committed human rights abuses.

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

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

During the year there were reliable reports that the government or its agents committed arbitrary or unlawful killings and deaths from torture were reported.

In the wake of the August 9 presidential election, riot police, internal troops, and plainclothes security officers violently suppressed mass protests. At least four individuals died as a result of police violence, shooting by members of the security forces, or the government’s failure to provide medical assistance.

For example, on August 10, police in Minsk shot protester Alyaksandr Taraykouski during a demonstration. Authorities’ claims that Taraykouski was killed when an explosive device he was holding detonated were contradicted by eyewitness accounts and video footage of the incident, in which security forces clearly appeared to shoot Taraykouski in the chest as he approached them with his empty hands raised. The Investigative Committee initiated an investigation into the case but suspended it on November 13. As of December a criminal case had not been initiated in this matter.

On November 2, a representative of the Investigative Committee, the law enforcement body charged with investigating police violence in the country, told the United Nations that the committee was not investigating any allegations of police abuse and declared “currently there have been no identified cases of unlawful acts by the police.” The representative blamed protest organizers for using protesters as “cannon fodder” and bringing children to demonstrations.

On November 12, Raman Bandarenka died from head injuries and a collapsed lung after being severely beaten and detained on November 11 by masked, plainclothes security officers in Minsk. The detention and some beatings were captured on video. After being detained for several hours, Bandarenka was transferred unconscious to a hospital in Minsk where he died. The injuries that resulted in Bandarenka’s death were reportedly more severe than those he received during his arrest, and human rights activists concluded that he was subjected to additional severe abuses while detained. Authorities reportedly launched an inquiry into the incident.

b. Disappearance

During the year there were no reports of disappearances by or on behalf of government authorities.

There were, however, reports of abductions by security forces of opposition leaders. For example, on September 7, masked members of the security forces approached opposition leader Maryya Kalesnikava on the street in Minsk and forced her into a van. According to Kalesnikava’s lawyer, the men first took her to the Ministry of Internal Affair’s Main Directorate for Combatting Organized Crime and Corruption, where she was held for several hours without registering her detention. She was then brought to the central office of the Committee for State Security (BKGB), where she was told to depart the country voluntarily. After Kalesnikava refused, she was taken to the Ukrainian border on September 8, where authorities attempted to force her to leave the country. Kalesnikava tore up her passport to prevent expulsion from the country. She was subsequently arrested, taken back to Minsk, and placed in a detention center, where she remained as of December. On September 16, she was formally charged with “calling for actions that threaten national security.”

On January 16, the Investigative Committee announced it reopened suspended investigations into the 1999 disappearances of former deputy prime minister Viktar Hanchar and businessman Anatol Krasouski. In December 2019 the committee also reopened the investigation into the disappearance of former minister of internal affairs Yury Zakharanka after Yury Harauski, who claimed to be a former special rapid response unit officer, stated he participated in the forced disappearances and killings of Hanchar, Krasouski, and Zakharanka. In March the committee again suspended investigations due to a “failure to identify any suspects.” There was evidence of government involvement in the disappearances, but authorities continued to deny any connection with them. In December 2019 Lukashenka stated that politically motivated killings would be impossible without his orders, which he “[had] never and would never issue.”

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

The law prohibits such practices. Nevertheless, the BKGB, riot police, and other security forces, without identification and wearing street clothes and masks, regularly used excessive force against detainees and protesters. Security forces also reportedly mistreated individuals during investigations. Police regularly beat and tortured persons during detentions and arrests. According to human right nongovernmental organizations (NGOs) and former prisoners, prison authorities abused prisoners.

According to documented witness reports, on August 9-11, security officers physically abused inside detention vehicles, police stations, and detention facilities on a systemic scale across the country the majority of the approximately 6,700 persons detained during postelection civil unrest. The human rights NGO Vyasna documented more than 500 cases of torture and other severe abuse committed in police custody against postelection protest participants and independent election observers, opposition leaders, civil society activists, and average citizens.

Among the abuses documented were severe beatings; psychological humiliation; the use of stress positions; at least one reported case of rape and sexual abuse; use of electric shock devices and tear gas; and up to three days intentional deprivation of food, drinking water, hygiene products, the use of toilets, sleep, and medical assistance.

For example, according to Human Rights Watch, on August 11, police detained 18-year-old college student Alyaksandr Brukhanchik and two friends as they were walking at night in a residential area and handed them over to a group of Internal Affairs Ministry riot police officers. The officers took the students inside a minibus, beat them, cut their shorts in the buttocks area, threatened to rape them with a grenade, and then transferred them to another police van, forced them to crawl on the blood-spattered floor, and beat them again. An officer kicked Brukhanchik in the face. Brukhanchik presented Human Rights Watch with medical documentation consistent with his account.

There were widespread reports of rape threats and sexual abuse by government agents against both men and women, and at least one reported instance of rape against a detainee. According to the Organization for Security and Cooperation in Europe (OSCE) Moscow Mechanism Report, on August 11, a senior officer raped Ales, a 30-year-old information technology (IT) worker, with a truncheon after his arrest. While in a police van, the officer demanded that Ales unlock his cell phone. When Ales repeatedly refused, the officer cut his shorts and underwear in the back, put a condom on a truncheon, and raped him with it. The officer then further beat Ales. Ales provided NGOs with medical documentation consistent with his account. On November 6, Internal Affairs Ministry first deputy Henadz Kazakevich claimed “a man cannot be raped in accordance with Belarusian law.” By law, however, rape of both men and women is criminalized in the country (see section 6).

Impunity remained a significant problem in almost all branches of the security services, including police and the BKGB. Impunity was widespread and continued largely due to politicization of the security services. On November 2, the Investigative Committee confirmed that the government had not opened any criminal investigations into complaints of torture or police violence filed with the Investigative Committee. While Internal Affairs Minister Yury Karaeu apologized in August to “random residents detained during protests,” he justified the brutal crackdown and subsequent torture by claiming police responded to “aggression coming from protesters against security officers” and “protesters building barricades and resisting police.” Karaeu’s deputy, Alyaksandr Barsukou, who visited holding facilities in Minsk on August 14, dismissed reports of torture, falsely claiming no detainees complained of mistreatment.

According to the OSCE Moscow Mechanism Report, published on October 29, the “first period of postelection violence by the security forces has to be qualified as a period of systemic torture and mistreatment with the main purpose to punish demonstrators and to intimidate them and potential other protesters. To a lesser extent, the infliction of pain and suffering served the purpose of gaining information or confessions. The torture or inhuman and degrading treatment was intentional as it was widespread and systematic as well as targeted at the opposing protesters although some accidental bystanders also became victims of the crackdown. It followed a systematic and widespread pattern including Minsk and other cities.”

Prison and Detention Center Conditions

Prison and detention center conditions remained poor, and in many cases posed threats to life and health.

Physical Conditions: According to former detainees and human rights lawyers, there continued to be shortages of food, medicine, warm clothing, personal hygiene products, and bedding as well as inadequate access to basic or emergency medical care and clean drinking water. Detainees reported that prison officials deliberately denied detainees access to food, water, hygiene products, and necessary medical care, sometimes for several days, as a form of retribution. Overall sanitation was poor. Authorities made little effort to prevent the spread of COVID-19 in prisons, but at the same time used COVID-19 as a pretext to restrict access to visitors and distribution of food, hygiene, and clothing parcels.

Overcrowding of pretrial holding facilities and prisons generally was a problem; however, a May 22 amnesty law reduced the terms of at least 2,500 prisoners, resulting in their release. In the three days after the August 9 election, there was insufficient space in detention facilities for the thousands of detainees that were arrested on protest-related charges, especially in Minsk. Detention facilities were reportedly overcrowded with cells fit for five individuals housing 50 detainees, forcing detainees to take turns standing and resting.

Although there were isolated allegations that police placed underage suspects in pretrial detention facility cells with adult suspects and convicts, authorities generally held juvenile prisoners separately from adults at juvenile penal colonies, arrest houses, and pretrial holding facilities. Conditions for female and juvenile prisoners were generally better than for adult male prisoners.

Observers believed tuberculosis, pneumonia, HIV/AIDS, COVID-19, and other communicable diseases were widespread in prisons because of generally poor medical care.

Individuals detained for political reasons prior to the election or during protests following the August 9 presidential election appeared to face worse prison conditions than those of the general prison population, including more reports of torture and severe abuses.

Administration: Prisoners and detainees had limited access to visitors, and meetings with families were denied allegedly as a common punishment for disciplinary violations. Authorities restricted visitors to all detainees in a reported attempt to limit the spread of COVID-19 in facilities, despite the government’s official nonrecognition of the COVID-19 pandemic and failure to implement national quarantine measures.

Authorities generally prevented prisoners from holding religious services and performing ceremonies that did not comply with prison regulations, despite legal provisions for such practice. Belarusian Orthodox churches were located at a number of prison facilities and Orthodox clergy were generally allowed access to conduct services.

Former prisoners and their defense lawyers reported that prison officials often censored or did not forward their complaints to higher authorities and that prison administrators either ignored or selectively considered requests for investigation of alleged abuses. Prisoners also reported that prison administrators frequently refused to provide them with copies of responses to their complaints, which further complicated their defense. Complaints could result in retaliation against prisoners, including humiliation, death threats, or other forms of punishment and harassment. Former prisoners claimed some prison administrators’ repeated harassment resulted in suicides, which authorities neither investigated nor made public.

Corruption in prisons was a serious problem, and observers noted that parole often depended on bribes to prison personnel. Parole could also depend on a prisoner’s political affiliation.

Independent Monitoring: Despite numerous requests to the Ministry of Internal Affairs, government officials refused to approve requests from NGOs to visit detention and prison facilities and speak with the inmates.

d. Arbitrary Arrest or Detention

The law limits arbitrary detention, but the government did not respect these limits. Authorities, including plainclothes security officers, arrested or detained thousands of individuals during peaceful protests and used administrative measures to detain political and civil society activists, as well as bystanders and journalists not involved in the protests, before, during, and after protests and other major public events, including those legally permitted in the framework of election campaigns.

Arrest Procedures and Treatment of Detainees

By law police must request permission from a prosecutor to detain a person for more than three hours. Authorities may hold a criminal suspect for up to 10 days without filing formal charges and for up to 18 months after filing charges, but in some cases authorities detained persons beyond 18 months. By law detainees are allowed prompt access to a lawyer of their choice or one provided by the state free of charge, although authorities often delayed extending this right to high-profile political prisoners, who faced authorities without the presence of defense lawyers at the initial stages of an investigation. Prosecutors, investigators, and security-service agencies have legal authority to extend detention without consulting a judge. Detainees have the right to petition the court system regarding the legality of their detention, but authorities consistently suppressed or ignored such appeals. The country has no functioning bail system.

There were reports that persons were detained without judicial authorization.

There were some reports of detainees who were held incommunicado. During the initial arrests following the August 9 presidential election, police precincts fingerprinted detainees and processed them for subsequent trial at holding facilities but left them incommunicado.

In the weeks following the election, up to 80 persons were reported missing but were eventually located after authorities acknowledged their detention or released them. According to Radio Free Europe/Radio Liberty, on August 11, Yury Savitski, a supporter of jailed presidential candidate Viktar Babaryka, was abducted by six men in civilian clothing after attending a protest the previous day. His wife sought for days to establish his whereabouts, only to be told by authorities that there were too many prisoners and that many were not being officially registered. She was only able to determine his location and the charges he faced after waiting outside the holding facilities in Zhodzina with a photograph of her husband and asking released detainees whether they recognized him.

Arbitrary Arrest: Authorities detained political scientists, political leaders, presidential campaign participants, opposition leaders and members, civil society activists, and demonstrators for reasons widely considered to be politically motivated. In many cases authorities used administrative measures to detain political activists before, during, and after planned demonstrations, protests, and other public events. Security officials arbitrarily detained persons in areas where protesters peacefully lined streets or protests were expected (see section 2.b.).

For example, on May 6, authorities in Mahilyou detained popular blogger and potential presidential candidate Syarhey Tsikhanouski during a countrywide tour to speak with citizens. He had been given a delayed 15-day administrative sentence for participating in an unauthorized mass event in 2019. In response to his arrest, followers of his blog and livestreams began three days of countrywide protests. Security officers without judicial authorization detained and subsequently fined or sentenced more than 100 activists and Tsikhanouski supporters for allegedly participating in unauthorized mass events (see section 2.b., Peaceful Assembly, and section 3).

After opposition leader Viktar Babaryka’s arrest (see section 3), on June 28, BKGB and riot police officers arbitrarily detained at least 52 prominent businessmen, political figures, Babaryka supporters and campaign staff, as well as independent journalists who gathered outside the BKGB building to file requests for Babaryka’s release. Authorities released at least 12 local independent and foreign journalists and 33 other individuals after identification checks were conducted at police precincts. At least seven persons were subsequently tried on administrative charges of allegedly participating in unauthorized mass events and resisting police.

Security forces regularly detained bystanders, including those not involved with protests. For example, according to Human Rights Watch, on August 10, police detained construction worker Alyaksandr Gazimau near a Minsk shopping mall where a crowd of protesters had gathered. According to Gazimau, he was not participating in the protest and had just had dinner with a friend. When riot police arrived, the protesters started to run, and Gazimau ran as well. He fell while running and broke his leg. Police dragged him into a truck, beat him, intentionally stepped on his broken leg, and threatened to rape him with a truncheon. They passed him to another group of officers, who beat him again, took him to a local police precinct, where they forced him to stand on his broken leg, then forced him to the ground and intentionally kicked his broken leg again. He spent the night in the police precinct yard, and was transferred to holding facilities in Zhodzina prison, where he waited two days in the prison hospital before being transferred to a hospital for surgery. Independent media reported dozens of similar accounts of individuals, who were unaware of protest locations because of the government’s internet restrictions but were caught up along with protesters by security forces and arbitrarily detained.

Pretrial Detention: There were approximately 5,000 pretrial detainees in 2018, the latest year for which data were available. Information was not available regarding average length of time or how many continuing investigations were extended for lengthier periods. Observers believed there were a number of possible reasons for the delays, including political interference; charges being brought against individuals held in pretrial detention and investigations opened; new investigators taking over cases; cases that were complicated because they involved many suspects; and cases that required extensive forensic or other expert examinations and analysis. For example, during the year a former chief engineer of the Minsk Wheeled Tractor Factory Andrei Halavach was in the process of suing the government for compensation for the 4.5 years he spent in pretrial detention. Halavach was released in 2019 with all charges cleared and after being acquitted in two separate trials.

Detainees Ability to Challenge Lawfulness of Detention before a Court: Detainees have the right to petition the court system regarding the legality of their detention, but authorities consistently suppressed or ignored such appeals. By law courts or prosecutors have 24 hours to issue a ruling on a detention and 72 hours on an arrest. Courts hold closed hearings in these cases, which the suspect, a defense lawyer, and other legal representatives may attend. Appeals to challenge detentions were generally denied.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, but authorities did not respect judicial independence and impartiality. Observers believed corruption, inefficiency, and political interference with judicial decisions were widespread. Courts convicted individuals on false and politically motivated charges brought by prosecutors, and observers believed that senior government leaders and local authorities dictated the outcomes of trials.

As in previous years, according to human rights groups, prosecutors wielded excessive and imbalanced authority because they may extend detention periods without the permission of judges. Defense lawyers were unable to examine investigation files, be present during investigations and interrogations, or examine evidence against defendants until a prosecutor formally brought the case to court. Lawyers found it difficult to challenge some evidence because the Prosecutor’s Office controlled all technical expertise. According to many defense attorneys, this power imbalance persisted, especially in politically motivated criminal and administrative cases. Courts did not exonerate criminal defendants except in rare circumstances.

There were reports of retaliatory prosecution and debarment of defense lawyers representing political campaigns, opposition leaders, and the opposition’s Coordination Council. For example, on September 24, Lyudmila Kazak, defense attorney for the opposition’s Coordination Council Presidium member Maryya Kalesnikava, disappeared. It later became known that she was abducted off the streets of Minsk by unidentified men and brought to a holding facility. Kazak was charged and found guilty of allegedly resisting detention by police at an opposition rally on August 30 that she had not attended. Kazak was fined approximately 675 rubles ($277) in what human rights organizations and Kazak herself called a politically motivated case in retaliation for her defense work on Kalesnikava’s case.

On October 15, prominent lawyer and member of the Minsk City Bar Association for 30 years Alyaksandr Pylchenka lost his license to practice law, allegedly for statements he made in an August 14 interview with independent media in which he called for legal measures to be taken by the prosecutor general to hold security forces accountable for the severe abuses of detainees arrested during postelection peaceful protests. Pylchenka defended presidential hopeful Viktar Babaryka and Presidium Coordination Council member Maryya Kalesnikava. Babaryka claimed the nullification of Pylchenka’s license was an attempt by authorities to deny him his rights to legal protection.

On September 9, authorities detained Coordination Council Presidium member and one of Babaryka’s defense attorneys Maksim Znak, along with Ilya Saley, a lawyer for the Coordination Council’s Presidium member Maryya Kalesnikava, after searching their apartments. Lawyers asserted that Znak was arrested in retaliation for his August 21 filing of a compliant with the Supreme Court calling for the August 9 presidential election results to be invalidated due to the widespread allegations of electoral fraud. Saley was arrested two days after Kalesnikava’s abduction by masked members of the security forces on charges of appealing for actions to damage the country’s national security and violently topple the government. Saley remained in detention until October 16, when he was placed under house arrest.

Trial Procedures

The law provides for the right to a fair and public trial, but authorities frequently disregarded this right. By law criminal defendants may be held up to 10 days without being notified of charges, but they must have adequate time to prepare a defense. Facilities, however, were not adequate and in many cases, meetings with lawyers were limited or were not confidential. In some cases authorities reportedly compelled suspects to testify against themselves or other suspects in their case, including confessing their guilt. In these cases authorities reportedly claimed sentences would be more lenient or defendants would receive other benefits. There were also reports of authorities coercing suspects into signing confessions and other statements.

The law provides for the presumption of innocence. Nevertheless, the lack of judicial independence, state media’s practice of reporting on high-profile cases as if guilt were already certain, and widespread limits on defense rights frequently placed the burden of proving innocence on the defendant.

The law also provides for public trials, but authorities occasionally held closed trials in judges’ chambers. Judges adjudicate all trials. For the most serious cases, two civilian advisers assist the judge.

The law provides defendants the right to attend proceedings, confront witnesses, and present evidence on their own behalf, but authorities did not always respect these rights. Some defendants were tried in absentia. In addition riot police or other security officers who testified against defendants in these cases did not identify themselves and testified wearing balaclavas due to “concern for their security.”

The law provides for access to legal counsel for the defendant and requires courts to appoint a lawyer for those who cannot afford one. Although by law defendants may ask for their trials to be conducted in Belarusian, most judges and prosecutors were not fluent in this language, rejected motions for interpreters, and proceeded in Russian, one of the official languages of the country. Interpreters are provided when the defendant speaks neither Belarusian nor Russian. The law provides for the right to choose legal representation freely; however, a presidential decree prohibits NGO members who are lawyers from representing individuals other than members of their organizations in court. The government’s past attempts to disbar attorneys who represented political opponents of the government further limited defendants’ choice of counsel. The government also required defense attorneys to sign nondisclosure statements that limited their ability to release any information regarding the case to the public, media, and even defendants’ family members.

In cases of administrative charges, including participating in unauthorized mass events and resisting law enforcement officers, judges often did not inform detained protesters of their right to defense counsel and dismissed counsels’ requests for additional witnesses testifying at trials. Authorities increasingly used video conferencing services to allow defendants to attend their hearings and trials remotely, purportedly to limit COVID-19 spread in detention facilities. After the August 9 election, however, abuses of this practice occurred when some detainees in the Zhodzina holding facility were reportedly tried “virtually” without defense lawyers or witnesses being granted access.

Some courts questioned the legality of contracts signed in advance between a defense lawyer and defendant or used the existence of these contracts against the defendant. For example, on September 11, a Minsk district court convicted and fined Paval Manko, an IT specialist, of purportedly participating in August 27 unauthorized mass events. Judge Zhana Khvainitskaya stated “the fact that Manko had a contract as of August 3 with his defense counsel demonstrated his direct intention to take part in unauthorized mass events.”

Courts often allowed statements obtained by force and threats of bodily harm during interrogations to be used against defendants.

Defendants have the right to appeal convictions, and most defendants did so. Nevertheless, appeals courts upheld the verdicts of the lower courts in the vast majority of cases.

Political Prisoners and Detainees

The local human rights group Vyasna maintained what is widely considered a credible list of political prisoners in the country. As of December its list contained more than 160 names, including the cases of leading political opposition figures and their staff.

In one case, on September 2, authorities detained four employees of the IT company PandaDoc (Viktar Kuushynau, Dzmitry Rabtsevich, Yulia Shardyka, and Uladizlau Mikhalap). Two weeks earlier, the owner of the company, Mikita Mikada, publicly condemned political repression in the country and had colaunched a public initiative, Protect Belarus, aimed at financially supporting law enforcement officers who refused to take part in repression. Authorities charged the four employees with theft, for which conviction is punishable by up to 10 years in prison. The charges were widely viewed as both retaliation against Mikada and intended to deter political activism by other technology companies. On October 12, authorities released Rabtsevich, Shardyka, and Mikhalap to house arrest, but the charges were not dropped. As of late December, Kuushynau remained in detention, and Vyasna considered all four PandaDoc employees to be political prisoners.

Former political prisoners continued to be unable to exercise some civil and political rights.

Civil Judicial Procedures and Remedies

The law provides that individuals may file lawsuits seeking damages for human rights violations, but the civil judiciary was not independent and was rarely impartial in such matters.

Property Restitution

No laws provide for restitution or compensation for immovable private property confiscated during World War II, the Holocaust, or the Soviet period. In 2019 the government reported that, in the previous 11 years, it had not received any requests or claims from individuals, NGOs, or any other public organization, either Jewish or foreign, seeking compensation or restitution of any property.

For information regarding Holocaust-era property restitution and related topics, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act Report to Congress, released on July 29, at https://www.state.gov/reports/just-act-report-to-congress/.

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

The law prohibits such actions, but the government did not respect these prohibitions. Authorities used wiretapping, video surveillance, and a network of informers that deprived persons of privacy.

The law requires a warrant before or immediately after conducting a search. The BKGB has authority to enter any building at any time, as long as it applies for a warrant within 24 hours after the entry.

There were reports authorities entered properties without judicial or other appropriate authorization. In August and September, multiple instances were reported of plainclothes officers forcing entry into private homes or businesses. These officers often refused to show identification or a warrant, or claimed it was sufficient for them to state their affiliation with a government agency and proceed with the entry. On September 7, an individual identified as head of the Ministry of Internal Affairs Main Directorate for Combatting Organized Crime and Corruption Mikalay Karpenkau repeatedly struck and broke the locked glass door of a cafe to allow security officials in civilian clothing to apprehend individuals who had supposedly participated in protests.

There were reports that authorities accessed, collected, or used private communications or personal data arbitrarily or unlawfully or without appropriate legal authority. For example, after the August 9 election, security officials occasionally threatened individuals detained during protests with violence or arrest if they did not unlock their cell phones for review. Officials also threatened individuals at detention facilities with harsher sentences if they did not unlock their cell phones. Security officials reportedly detained or issued harsher sentences for individuals with photos or social media accounts that officials regarded as pro-opposition or that showed security forces committing abuses.

According to the 2019 Freedom House Freedom on the Net Report, the country employs systematic, sophisticated surveillance techniques to monitor its citizens. Surveillance is believed to be omnipresent in the country. Since 2010 the government has utilized the Russian-developed System of Operative Investigative Measures, which provides authorities with direct, automated access to communications data from landline telephone networks, mobile service providers, and internet service providers. The government also blocked and filtered websites and social media platforms (see section 2.a., Internet Freedom). The country employs a centralized system of video monitoring cameras.

State television reportedly obtained state surveillance footage and wiretap transcripts from state security services that it used to produce progovernment documentaries and coverage.

According to activists, authorities employed informer systems at state enterprises after the August 9 presidential election to identify which workers would strike, as well as pressure workers not to join strike committees. “Ideology” officers were reportedly in charge of maintaining informer systems at state enterprises.

Family members were reportedly punished for offenses allegedly committed by their relatives. For example, a doctor at a hospital in Minsk, who quit in protest of police violence against peaceful demonstrators in August, said his spouse, also a doctor at the same hospital, was forced to quit. In late August both left the country due to fear of prosecution.

Authorities temporarily removed or threatened to remove children from the custody of their parents to punish them for protesting or political activism. On September 13, the head of the Juvenile Justice Department of the Prosecutor General’s Office, Alyaksei Padvoisky, told state media that parents who take their children to protests risked losing custody of their children and that such actions would be considered “neglect of parental responsibilities.” For example, according to press reports, on September 27, Herman Snyazhkou was detained at a protest in Homyel. On September 29, authorities raided his home and arrested his wife, Natallya, and took custody of his two minor children, whom they sent to a state orphanage. Natallya Snyazhkou was released after being interrogated and left the country after regaining custody of her children. After serving 14 days of arrest, Herman Snyazhkou was also charged with resisting law enforcement officers and applying or threatening to apply violence and was told his wife was a suspect in the same case. He was released and as of November 15 was barred from leaving the country. Similarly presidential candidates Svyatlana Tsikhanouskaya and Valery Tsapkala fled the country, as did their children and Tsapkala’s wife, after reported intimidation and threats to strip custody of their children from them.

While the law prohibits authorities from intercepting telephone and other communications without a prosecutor’s order, authorities routinely monitored residences, telephones, and computers. Nearly all opposition political figures and many prominent members of civil society groups claimed that authorities monitored their conversations and activities. The government continued to collect and obtain personally identifiable information on independent journalists and democratic activists during raids and by confiscating computer equipment.

The law allows the BKGB, the Ministry of Internal Affairs, special security services, financial intelligence personnel, and certain border guard detachments to use wiretaps. Wiretaps require the permission of a prosecutor, but the lack of prosecutorial independence rendered this requirement meaningless.

The Ministry of Communications has the authority to terminate the telephone service of persons who violate telephone contracts, which prohibits the use of telephone services for purposes contrary to state interests and public order.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. The government did not respect these rights and selectively enforced numerous laws to control and censor the public and media. Moreover, the state press propagated views in support of the president and official policies without giving room for critical voices.

Freedom of Speech: Individuals could not criticize the president or the government publicly or discuss matters of general public interest without fear of reprisal, including prosecution or forced exile. Authorities also prohibited displaying certain historical flags and symbols and displaying placards bearing messages deemed threatening to the government or public order.

Since May the government undertook significant steps to suppress freedom of expression. The government harassed bloggers and social media users, detaining some of them on short-term jail sentences. Others received longer sentences. For example, according to the Committee to Protect Journalists, in June authorities detained Syarhey Pyatrukhin and Alyaksandr Kabanau, two popular video bloggers on YouTube, and charged them with “participating in activities in clear disobedience to the legitimate requirements of the authorities.” Both men were known for their opposition political commentary.

Authorities dismissed hundreds of state employees who expressed political dissent or participated in protests after the presidential election, including those employed as television hosts, radio and other media personnel, teachers, civil servants, law enforcement officers, athletes, university administrators, hospital administrators, and diplomats. For example, on August 17, the Ministry of Culture fired Pavel Latushka, the director of the Yanka Kupala National Theater, after he spoke out in defense of protesters who had been beaten by police. After his firing, the majority of staff at the theater tendered their resignations in protest.

The law also limits free speech by criminalizing actions such as giving information that authorities deem false or derogatory to a foreigner concerning the political, economic, social, military, or international situation of the country. No individuals were identified as being charged under this law.

The government prohibits calls to participate in “unsanctioned demonstrations.” On March 12, a Minsk district court tried in absentia video blogger Uladzimir Tsyhanovich on charges of calling individuals to participate in an unauthorized mass event and sentenced him to 15 days of arrest. In a video Tsyhanovich reportedly urged supporters to show up at the state-run Belneftekhim headquarters to protest increased gas prices starting on February 25. On June 9, police detained Tsyhanovich to serve his sentence and on June 15, he was given an additional 15-day sentence for participating unauthorized mass event on May 31. On June 26, human rights groups reported that authorities charged Tsyhanovich with organizing or participating in activities that grossly violate public orders and are connected with resisting authorities’ orders. He remained in detention at year’s end on those charges.

On November 12, a court in Drahichyn fined a local resident 999 rubles ($410) for calling to assemble in the city center on October 15. Police detained the resident on the same day. He was released, but the charges remained pending the result of court hearings.

The government prohibits “extremist” information, which is defined as information materials–including printed, audio, visual, video materials, placards, posters, banners and other visuals–intended for public usage or distribution and seek the violent change of the constitutional order or the territorial integrity of the country; unconstitutional takeover of state powers; establishment of an illegal armed force; terrorist activities; inciting racial, ethnic, religious or other societal hatred; organizing mass riots; hooliganism and vandalism based on racial, ethnic, religious, or other societal hatred or discord; political and ideological hatred; promotion of supremacy of a group of residents based on their language, social, racial, ethnic, or religious background; and justification of Nazism, including the promotion, production, distribution, and displays of Nazi symbols.

On October 20, a Minsk district court recognized Telegram internet messenger channel NEXTA-Live, a platform used by pro-opposition Belarusians to organize protests, and its logo as extremist, alleging it promoted mass riots and disorder in addition to distributing other “extremist” materials (see Internet Freedom, below). In addition the government charged the channel’s founder, Stsyapan Putsila, and its former editor, Raman Pratasevich, with organizing mass riots, organizing a group activity grossly violating public order, and inciting hatred based on professional duties, in particular against law enforcement officers and public servants. Both individuals were outside Belarus but were put on the country’s wanted list. The government also prohibits content that promotes violence or war; contains information regarding illicit weapons, explosives, and drugs; involves trafficking in persons or pornography; or that may harm the national interests of the country.

The law does not provide penalties for displaying or keeping unregistered symbols, including opposition red and white flags, but it only allows registered symbols at authorized mass events. Although the “Pahonia” emblem is on a registry of the government’s historic and cultural symbols, the government expressed hostility toward protesters who carried red and white flags or the Pahonia symbol, and security forces detained demonstrators for doing so, as these symbols were generally identified with the opposition.

The government prohibits the spread of “fake news” on the internet but did not enforce the prohibition against regular citizens.

Freedom of Press and Media, Including Online Media: Government restrictions limited access to information. State-controlled media did not provide balanced coverage and overwhelmingly presented the official version of events. Appearances by opposition politicians on state media were rare and limited primarily to those required by law during the presidential election campaign period. Authorities warned, fined, detained, interrogated, and stripped accreditation from members of the independent domestic media.

On October 2, authorities cancelled the accreditation of all foreign press representatives as part of a process they claimed was an effort to update the accreditation process for foreign press. Prior to the cancellation, in August authorities had already begun cancelling foreign press accreditations, including those of the BBC, Radio Liberty, the Associated Press, the German ARD television channel, Deutsche Welle, the French Agence France-Presse news agency, Reuters, and Russian TV Rain. Likewise, the Ministry of Foreign Affairs did not grant accreditation to dozens of foreign correspondents who filed paperwork seeking to cover the August 9 presidential election. Some correspondents were reaccredited, with journalists from Deutsche Welle and BBC among the first, but a number of Belarusian-based freelance journalists were not.

Prior to the October 2 cancellation of foreign press accreditations, authorities refused to accredit some foreign media outlets, such as Polish-based Belsat Television and Radio Racyja, and routinely fined unaccredited freelance journalists working for these outlets. As of December 10, at least 17 journalists were fined in 30 cases for not having government accreditation or for cooperating with a foreign media outlet. Most of the fines in connection to accreditation or registration were levied on journalists working for Belsat Television.

Authorities deported some members of the foreign press. For example, on August 29, authorities deported two Moscow-based Associated Press correspondents as part of a series of actions that decreased the number of independent correspondents in the country.

By law, the government may close a publication–printed or online–after two warnings in one year for violating a range of restrictions on the press. Regulations also give authorities arbitrary power to prohibit or censor reporting. The Ministry of Information may suspend periodicals or newspapers for three months without a court ruling. The law also prohibits media from disseminating information on behalf of unregistered political parties, trade unions, and NGOs. On October 1, the Ministry of Information suspended through December 30, the registration of one of the most read independent online news portals, TUT.by, as “a media network publication” after issuing four warnings concerning individual articles it published, including one that detailed accounts of the irregularities observers saw on election day. On December 3, the Economic Court of Minsk ordered removal of its official media status effective in January 2021. The organization planned to appeal, but it could not maintain its status during the appeal process.

State-owned media dominated the information field and maintained the highest circulation through generous subsidies and preferences. There was no countrywide private television, and broadcast media space was dominated by state-owned and Russian stations. After a number of state television personnel resigned in protest over the allegations of presidential election fraud and subsequent police violence starting in August, Lukashenka requested assistance from the Russian state media organization RT. Starting August 17, Russian state-media organizations largely controlled and managed state-run channels, ensuring pro-Lukashenka and pro-Russian viewpoints continued to dominate the press while authorities suppressed domestic independent voices and pressured the state journalists who had resigned. After August 17, representatives of Russian state-media organizations generally faced less pressure from authorities, when RT began supporting and controlling Belarusian domestic state media.

Violence and Harassment: Authorities continued to harass and detain local and foreign journalists routinely, in particularly those operating as freelancers or working for foreign outlets without accreditation. Security forces continually hampered efforts of independent domestic and foreign journalists to cover pre- and postelection demonstrations and protests in Minsk and across the country and at times used violence against journalists and brought false allegations against them. As of November the independent Belarusian Association of Journalists reported it had recorded at least 500 cases of violence and harassment against local and foreign journalists since the start of the year, which included detentions, beatings, attacks, fines, and short-term jail sentences. These cases were reportedly in connection to journalists’ alleged participation in unauthorized mass events, livestreaming demonstrations, or working without accreditation for foreign media. On October 12, the Belarusian Association of Journalists released a statement noting that the situation for journalists in the country had gone “from grave to catastrophic” due to violence and other forms of pressure on journalists.

In one example of government pressure, on June 20, police detained two journalists of the independent Hantsavitski Chas newspaper, Alyaksandr Pazniak and Syarhey Bahrou, during a live stream in Hantsavichy. At the local police department, Pazniak was reportedly beaten and threatened. Authorities charged the two with resisting police and participating in unauthorized mass events. On June 22, a local court sentenced Bahrou to 15 days of arrest and fined Pazniak 810 rubles ($332).

There were reports that security forces deliberately targeted members of the press for violence during demonstrations. For example, on August 10, security officers were reported to have targeted and dispersed a group of correspondents covering postelection protests who were clearly marked as press and wearing corresponding vests and badges. Officers fired rubber bullets, injuring independent newspaper Nasha Niva journalist Natallya Lubneuskaya, who was hospitalized for more than a month.

There were reports that some journalists were seriously abused during detention. For example, according to Human Rights Watch, on August 10, an unaccredited 33-year-old journalist with the Poland-based television station Belsat, Vitaliy Dubikov was on his way to a work assignment in Minsk when two police officers stopped him and searched his belongings. Upon finding a camera and microphone with a Belsat logo, they forced him into a tiny compartment in a police van and took him to a Minsk police precinct, where riot police beat him and other detainees with truncheons, ordered them to the ground, and tied their hands behind their backs. Dubikov and other detainees spent the night outdoors, first flat on the ground then kneeling against a wall. In the morning he was crammed into a police van with other detainees and held there for several hours without food, water, or ventilation. On August 14, Dubikov was released without charges.

Security officials also confiscated or deliberately broke journalists’ video and audio equipment. For example, according to press reports, on August 11, security forces approached Associated Press photographer Syarhey Hryts and several colleagues while they were covering police dispersing a demonstration. According to Hryts, riot police, who were not wearing any identifying symbols, swarmed them, seized the memory sticks from their equipment, and smashed his camera.

The government reportedly prosecuted journalists in retaliation for the content of their reporting. For example, according to the Committee to Protect Journalists, on March 25, officers of the State Control Committee detained Syarhey Satsuk, chief editor of the Yezhednevnik news website, after searching his offices and seizing documents. Satsuk had heavily criticized the government’s response to the COVID-19 pandemic and corruption in the health-care system. He was charged with accepting a bribe, which Reporters without Borders called retaliation for an editorial casting doubt on the official COVID-19 statistics and criticizing an order issued by Lukashenka to “deal with” media outlets that are “sowing panic” regarding the epidemic. On April 4, he was released on his own recognizance; the government investigation continued as of November.

Censorship or Content Restrictions: The threat of government retaliation led the vast majority of independent publications to exercise self-censorship and avoid reporting on certain topics or criticizing the government. The government tightly and directly controlled the content of state-owned broadcast and print media. Television channels are required to broadcast at least 30 percent local content. Local independent television stations operated in some areas and were under government pressure to forgo reporting on national and sensitive topics or risk censorship. Authorities extensively censored the internet (see Internet Freedom, below).

The government penalized those who published items counter to government guidelines (see Freedom of Speech, above). Some private retail chains also refused to continue selling copies of independent newspapers due to government pressure, and state-run and private printing houses refused to print them, forcing editors to procure printing services abroad.

The government reportedly failed to reply to requests for information, and some outlets were believed to have held back coverage to avoid punishment for publishing incorrect information.

Independent media outlets, including newspapers and internet news websites faced discriminatory publishing and distribution policies, including limited access to government officials and press briefings, controls on the size of press runs of newspapers, and inflated costs for printing. For example, after popular opposition newspaper Narodnaya Volya and the nonstate daily newspaper Komsomolskaya Pravda (the local branch of the mass-market Russian tabloid) extensively covered violence and beatings of protesters in the days after the election, authorities began censoring further daily editions by blocking printing through two state-run distribution systems, the retail kiosk network Belsayuzdruk and the postal subscription service.

The government controlled printing presses in the country. According to the Committee to Protect Journalists (CPJ), a few days after the protests began, the state publishing house began to refuse to print independent newspapers, citing an array of “technical problems,” including lack of materials and broken equipment, which observers believed were pretexts for the refusals. The CPJ noted that, on the same day that an independent newspaper was denied the ability to print an edition with a white-red-white flag on the cover (the symbol of anti-Lukashenka protests), a state-controlled newspaper was able to print an edition featuring an interview with a pro-Lukashenka singer.

Authorities warned businesses not to advertise in newspapers that criticized the government. As a result independent media outlets operated under severe budgetary constraints.

Libel/Slander Laws: Libel and slander are criminal offenses. The law provides large fines and prison sentences of up to four years for conviction of defaming or insulting the president. Penalties for defamation of character make no distinction between private and public persons. A public figure who is criticized for poor performance while in office may sue both the journalist and the media outlet that disseminated the critical report for defamation.

On September 23, officers of the Internal Security Department of the Ministry of Internal Affairs detained the chief editor of the independent newspaper Nasha Niva, Yahor Martsinovich, searched his apartment, and confiscated computer equipment. Authorities released Martsinovich after detaining him for 72 hours, but he remained charged with libel against Deputy Internal Affairs Minister Alyaksandr Barsukou in connection to an interview the newspaper published in which Barsukou was accused of beating detainees inside holding facilities.

National Security: Authorities frequently cited national security to arrest or punish critics of the government or deter criticism of government policies or officials. For example, on September 9, authorities detained lawyer Maksim Znak, a member of the presidium of the Coordination Council. He was charged with “calling for actions aimed at harming national security.” Other members of the Coordination Council were also charged with similar offenses. The case was widely believed to be retaliation for Znak’s political activism.

Internet Freedom

The government monitored internet communications without appropriate legal authority. According to Freedom House’s 2019 Freedom on the Net Report, all telecommunications operators are required to install surveillance equipment, making it possible for the government to monitor traffic in real time and obtain related metadata and data, such as users’ browsing history, including domain names and internet protocol addresses visited, without judicial oversight. All internet service providers must retain information about their customers’ browsing history for one year. Companies were also required to preserve identifying data regarding their customers’ devices and internet activities for at least five years and to turn over this information at the government’s request.

The government monitored email and social media. While individuals, groups, and publications were generally able to engage in the expression of views via the internet, including by email, all who did so risked possible legal and personal repercussions and at times were believed to practice self-censorship. Opposition activists claimed their emails and other web-based communications were likely monitored.

Registered news websites and any internet information sources were subject to the same regulations as print media. Websites may apply to register as news outlets, but registration requires the site to have an office located in nonresidential premises and a chief editor who is a citizen with at least five years of experience in managerial media positions. Websites that choose not to apply for registration may continue to operate but without the status of a media outlet. Their correspondents may not receive accreditation from state agencies, and they may not cover mass events or have the journalistic right to protect sources of information.

Authorities filtered and blocked internet traffic. From August 9 to August 12, internet access in the country was severely restricted for approximately 61 hours. Only intermittent text messages and voice calls worked for most individuals. While authorities blamed foreign cyberattacks for the disruptions, independent experts attributed the disruptions to the government. Starting in August, there were repeated internet disruptions and complete internet shutdowns, usually coinciding with major protests and police actions to disperse them. Private internet service providers notified customers that the shutdowns were requested by the government on national security grounds. Telecommunications companies reported that authorities ordered them to restrict mobile internet data severely on the days when large-scale demonstrations occurred.

Authorities restricted content online. Online news providers must remove content and publish corrections if ordered to do so by authorities and must adhere to a range of government prohibitions on free speech (see also Freedom of Speech). Authorities may block access to sites that fail to obey government orders, including because of a single violation of distributing prohibited information, without a prosecutor or court’s mandate. If blocked, a network publication loses its media registration. Owners of a website or a network publication have a month to appeal government decisions to limit access to their sites or to deny restoring access to them in court. On August 21, the Ministry of Information reported on that it had blocked access to more than 70 internet sites on August 9, including major independent news portals run by Euroradio, Radio Liberty, and the human rights NGO Vyasna. While most internet sites began working again by mid-August, many remained blocked for an extended period of time. Some were operational again by mid-November. In August, Lukashenka called independent media “part of the hybrid warfare against Belarus.”

There were also efforts to restrict or block social media outlets online. On October 20, a Minsk district court ruled the Telegram channel NEXTA Live and its NEXTA logo were “extremist” and subsequently restricted access to information resources using its name. According to state-run media outlet BelTA’s announcement, the decision was made in response to the finding of “extremist activities” on the Telegram channel, including calls for “organization and public appeals to stage mass riots.” NEXTA, an encrypted channel, was a leading source of information on events in the country and published suggestions for protest routes and meeting points.

Authorities punished individuals for expressing their political views online. For example, on June 25, security forces raided the home of Ihar Losik, the administrator of the popular opposition Telegram channel Belarus of the Brain. He was charged with “actions that gravely violate public order,” which carries up to three years in prison if convicted, and as of November, remained in pretrial detention. Observers believed the charges to be in retaliation for his moderation of the opposition Telegram channel.

Owners of internet sites may also be held liable for users’ comments that carry any prohibited information, and these sites may be blocked. The law also mandates the creation of a database of news websites and identification of all commentators by personal data and cell phone numbers. If a news website receives two or more formal warnings from authorities, it may be removed from the database and lose its right to distribute information.

By law, the telecommunications monopoly Beltelekom and other organizations authorized by the government have the exclusive right to maintain internet domains.

Authorities attempted to restrict online anonymity. A presidential edict required registration of service providers and internet websites and required the collection of information on users who used public internet. It required service providers to store data on individuals’ internet use for a year and provide data to law enforcement agencies upon request. Conviction for violations of the edict was punishable by prison sentences, although no such violations were prosecuted. These government efforts, however, spurred the use of encrypted messenger programs, such as Telegram, that circumvented restrictions.

There were reports of politically motivated cyberattacks. Government webpages were attacked after the August 9 presidential election, including the Ministry of Internal Affairs website.

Academic Freedom and Cultural Events

The government restricted academic freedom and cultural events.

Educational institutions were required to teach an official state ideology that combined reverence for the achievements of the former Soviet Union and of Belarus under the leadership of Alyaksandr Lukashenka. Government-mandated textbooks contained a heavily propagandized version of history and other subjects. Authorities obligated all schools, including private institutions, to follow state directives to inculcate the official ideology and prohibited schools from employing opposition members as principals.

The minister of education has the right to appoint and dismiss the heads of private educational institutions. For example, on August 31, the minister of culture dismissed the head of the Institute of Culture and Arts for purportedly failing to prevent students from protesting. The minister of health care replaced the heads of medical schools in Hrodna, Homyel, and Minsk after a number of doctors, medical professors, and students organized a series of protests in August.

The government restricted artistic presentations or other cultural activities. For example, in September authorities cancelled all shows at the local drama theater in Hrodna, citing the rise in COVID-19 cases, and dismissed at least two leading actors after the troupe stopped a show as a protest against the September 20 detentions of their colleagues at a local demonstration. Observers believed that the cancellation of the shows was in retaliation for the troupe’s actions, since the government did not require all theatres to cancel their shows during the COVID-19 pandemic.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly, but the government severely restricted this right and employed a variety of means to discourage demonstrations, disperse them, minimize their effect, and punish participants. The law provides for freedom of association, but the government restricted it and selectively enforced laws and regulations to restrict the operation of independent associations that might criticize the government.

Freedom of Peaceful Assembly

Only registered political parties, trade unions, and NGOs could request permission to hold a demonstration of more than 1,000 persons. Authorities usually denied requests by independent and opposition groups as well as those of self-organized citizens’ groups.

The law penalizes participation in unauthorized gatherings, the announcement of an intention to hold a mass event before securing official authorization, training protesters, financing public demonstrations, or soliciting foreign assistance “to the detriment” of the country. Convictions of some violations are punishable by sentences of up to three years’ imprisonment.

Persons with criminal records for crimes related to violating peace and order, statehood and governance, public security, safety, and public morals may not act as mass event organizers. Individuals who were fined for participating in unauthorized mass events also may not organize mass events for a period of one year from the imposition of the fine.

The law requires organizers to notify authorities of a mass event planned at a designated location no later than 10 days before the date of the event. Authorities must inform organizers of their denial no later than five days before the event. By law denials may be issued for one of two reasons, the event conflicts with one organized by a different individual or group, or the notification does not comply with regulations. Organizers of mass events outside designated locations must apply at least 15 days in advance for permission, and authorities are required to respond no later than five days prior to the scheduled event. This practice was not in line with international standards according to the OSCE Moscow Mechanism Report. Authorities generally granted permits for opposition demonstrations only if they were held at designated venues far from city centers. The OSCE Moscow Mechanism report noted that authorities had not demonstrated the need for administrative arrests or fines in connection with spontaneous demonstrations, which the United Nations considered necessary in a democratic society and proportionate to considerations such as national security or public safety.

The law includes a system of reimbursements for police, medical, and cleaning services that organizers of mass events must pay to hold an event. Authorities continued to cover costs associated with events that were officially sponsored at the local and national level. If an application for holding a mass event is approved, organizers must sign contacts for such services two days ahead of the event and reimburse all costs within 10 days. Organizers complained about high costs of such contracts. For example, police services for an event with more than 1,000 participants at a specially designated venue cost approximately 7,290 rubles ($2,990); at a nondesignated venue, the price is 1.5 times higher.

Authorities often formulated pretexts to deny permits for public demonstrations. For example, on July 30, opposition presidential candidate Svyatlana Tsikhanouskaya’s rally in Minsk drew 63,000 participants, making it the largest campaign rally since the country’s independence. Tsikhanouskaya was subsequently blocked from holding additional campaign rallies by local Minsk authorities. On August 2, authorities announced that state events would take place every evening at every permitted campaign rally location between August 2 and August 8, despite the fact that Tsikhanouskaya had submitted an application in mid-July to hold rallies at locations in Minsk on August 5 and August 8.

Police detained and jailed opposition members who attempted to organize political events or rallies. For example, on October 27, a Minsk district court sentenced Zmitser Dashkevich, an opposition and civil society activist and former leader of the Malady Front opposition youth group, to 15 days’ imprisonment after being detained at an October 25 protest. Dashkevich was a key organizer of the Night of Assassinated Poets, an annual opposition commemorative event held October 29 at the Stalinist mass-killings site at Kurapaty to honor more than a hundred Belarusian poets, writers, and public figures killed in 1937.

During the year local authorities countrywide delayed answering or rejected applications for permission to stage various demonstrations. For example, during the year local authorities in Brest denied dozens of applications from a local group of residents who protested the construction and operations of a car battery plant. Police detained and fined several of them for violating the Law on Mass Events and holding rallies without government approval.

Authorities often used intimidation to discourage persons from participating in unauthorized demonstrations. Authorities videotaped political demonstrations and conducted identity checks as a form of intimidation, raising the threat that participants could be punished at a later date.

Between August and December, police detained more than 30,000 persons for participating in unsanctioned demonstrations. Police filed civil charges for participating in unauthorized mass events against the vast majority of individuals detained during protests. Such charges typically resulted in fines, short-term jail sentences of 10 to 15 days, or both. Police also opened at least 900 criminal cases against peaceful protesters and journalists between August 9 and December. In June and July, plainclothes and uniformed security officials also arbitrarily detained demonstrators who peacefully stood in lines along roads in many cities, with particular focus paid to individuals wearing opposition symbols or flying the white-red-white opposition-affiliated flag. Nondemonstrators were also detained by police. Other than during the mass detentions on August 9-11, the majority of individuals who were detained before and after the election were registered by police and released the same or next day, although authorities had the ability to apply short-term jail sentences at later dates.

Authorities detained a number of protest leaders, opposition members, and activists and jailed them for initial short-term sentences, then applied additional charges from earlier detentions to keep them jailed for longer periods of time. For example, after his May 6 arrest for participating in an unauthorized 2019 mass event, on May 29, Syarhey Tsikhanouski was detained again in Hrodna while participating in a signature-gathering event for his wife’s candidacy. On June 8, Tsikhanouski and six other detainees were charged with “disturbing public order” and “obstructing elections.” On June 16, a criminal case was opened against him for allegedly interfering in the election process and hindering the work of the Central Election Commission. On July 30, authorities announced additional criminal charges against Tsikhanouski, alleging “preparation for mass riots” and an investigation into charges of incitement of violence against police. As of December, Tsikhanouski remained in prison while investigations into these criminal charges proceeded (see also sections 1.d. and 3).

Security forces physically and psychologically abused individuals while breaking up events, while individuals were in detention vehicles, and once protesters were in detention facilities (see section 1.c.). Authorities used water cannons, stun grenades, rubber bullets, pepper spray, and batons to break up demonstrations.

On October 12, Deputy Minister of Internal Affairs Henadz Kazakevich stated that law enforcement bodies would use “special equipment and lethal weapons if need be” to “guarantee the law in the country.” Authorities used live ammunition in a few isolated instances, which led to the death of two protesters (see section 1.a.).

Human rights groups reported authorities sought to mark or tag protesters who had opposition symbols, chanted pro-opposition slogans, or resisted arrest. Water in water cannons was also reportedly dyed to allow identification of protesters later. Authorities reportedly singled out marked individuals for higher levels of physical and psychological abuse in detention facilities.

Plainclothes officers detained individuals with opposition symbols or who had been identified as protest participants or police claimed were protest leaders. When faced with large crowds at unauthorized mass events, plainclothes officers detained, and sometimes beat, suspected rally participants at random along the periphery of events and forced many into unmarked vehicles. From May to December, masked plainclothes police officers often did not announce themselves or present documentation.

In some cases courts sentenced participants in peaceful protests to long prison terms under criminal charges, in particular when authorities claimed demonstrators had engaged in violence. From August 9-11, isolated instances of demonstrators throwing rocks, firecrackers, or Molotov cocktails were filmed by media. Rock throwing also reportedly occurred during protests September 23 after Lukashenka’s inauguration ceremony. The Ministry of Internal Affairs reported at least 10 instances of motorists hitting police from August 10-12. After August 11, the vast majority of demonstrations were peaceful and instances of violence on the part of demonstrators appeared to follow police use of force or violent detentions, especially by masked plainclothes officers. From June through November, isolated fist fights between security officers and demonstrators or attempts by demonstrators to resist arrest occurred in various cities, generally following security officer attempts to arbitrarily detain protesters or disperse peaceful crowds.

For example, on September 29, the Maladzechna Regional Court convicted and sentenced local residents Paval Piaskou and Uladzislau Eustsyahneyeu to up to three years and three months in a low-security prison. Authorities charged them with resisting riot police when on June 19 they attempted to prevent police from detaining a protester.

Since early May the Investigative Committee of Belarus initiated at least 900 criminal cases against individuals who were detained during protests on charges including participation in mass disturbances or riots, causing harm to national security, resistance, and violence or threat of violence against an official of the Ministry of Internal Affairs, hooliganism, incitement to hostility or hatred, and organization of or participation in actions violating public order. For example, investigators charged at least 231 individuals for allegedly organizing or participating in actions violating public order after detaining them at a protest on November 1. According to the report, this indicated a return to government criminalization of peaceful protests.

Participants in demonstrations faced retaliation at state-run places of education or employment. According to a Ministry of Education directive, educational institutions may expel students who engage in antigovernment or unsanctioned political activity and must ensure the proper ideological education of students. School officials, however, often cited poor academic performance or absence from classes as the official reason for expulsions. For example, in April administrators expelled a fourth-year student at Minsk State Linguistic University for allegedly not attending classes. The student claimed she was in a two-week quarantine for possible COVID-19 exposure. The student was a member of the executive board of the opposition-affiliated Union of Belarusian Students. From March 20 to March 23, she protested alongside other students near the university, handed out free medical masks, and chanted, “Ha-ha, I’ll die here!” a criticism of authorities’ COVID-19 response. The student claimed the university administration’s decision to expel her was a politically motivated. From October to December, more than 140 students were reportedly expelled due to their political views.

Freedom of Association

All NGOs, political parties, and trade unions must receive Ministry of Justice approval to be registered. A government commission reviews and approves all registration applications; it based its decisions largely on political and ideological compatibility with official views and practices.

Actual registration procedures required applicants to provide the number and names of founders along with a physical address in a nonresidential building for an office–a difficult burden in view of the tight financial straits of most NGOs–as well as individual property owners’ concerns that renting space to NGOs would invite government harassment. Individuals listed as members were more likely to face government pressure if the NGO fell afoul of authorities. Unregistered organizations that were unable to rent or afford office space reportedly attempted to use residential addresses, which authorities could then use as a reason to deny registration or claim the organizations were operating illegally. In 2019 authorities repealed the law criminalizing activities conducted on behalf of unregistered groups which had subjected convicted group members to penalties ranging from fines to two years’ imprisonment. The punishment was replaced with administrative fines.

The law on public associations prohibits NGOs from keeping funds for local activities at foreign financial institutions. The law also prohibits NGOs from facilitating provision of any support or benefits from foreign states to civil servants based on their political or religious views or ethnicity.

On August 27, a presidential decree on foreign aid entered into force. The decree provides that only registered NGOs may legally accept foreign grants and technical aid and only for a limited set of approved activities. NGOs must receive approval from the Interdepartmental Commission on Foreign Grant Aid before they may accept funds or register grants that fall outside of a list of approved aid categories. Authorities further divided the aid usage into tax-exempt categories and taxable categories, that latter of which would require a registration fee equal to 0.5 percent of the taxable aid. The decree also introduced penalties for the usage of unauthorized or undeclared aid by primary or secondary aid beneficiaries and allows authorities to terminate aid funding.

Authorities may close an NGO after issuing only one warning that it violated the law. The most common pretexts prompting a warning or closure were failure to obtain a legal address and technical discrepancies in application documents. The law allows authorities to close an NGO for accepting what it considered illegal forms of foreign assistance and permits the Ministry of Justice to monitor any NGO activity and to review all NGO documents. NGOs also must submit detailed reports annually to the ministry regarding their activities, office locations, officers, and total number of members.

The government continued to deny registration to some NGOs and political parties on a variety of pretexts, including “technical” problems with applications. Authorities frequently harassed and intimidated founding members of organizations to force them to abandon their membership and thus deprive their groups of the number of petitioners necessary for registration. Many groups had been denied registration on multiple occasions.

Authorities harassed, intimidated, and imprisoned members of the Coordination Council formed by opposition leader Svyatlana Tsikhanouskaya to work toward a peaceful resolution of the political crisis. At its formation on August 18, the group had approximately 70 members, seven of which were elected to form a presidium, and later grew to thousands of members. Within a month all but one of the members of the council’s presidium had been forced to flee the country or were in prison.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government at times restricted the right of citizens, former political prisoners in particular, to foreign travel. Following the presidential election, the government increased restrictions on the ability of Belarusians to return home from abroad.

In-country Movement: Passports serve as a form of identity, and authorities required them for permanent housing, work, and hotel registration. Police continued to harass selectively individuals who lived at a location other than their legal place of residence as indicated by mandatory stamps in their passports.

The law also requires persons who travel to areas within 15 miles of the border (aside from authorized crossing points) to obtain an entrance pass.

Foreign Travel: The government’s database of persons banned from traveling abroad contained the names of individuals who possessed state secrets, faced criminal prosecution or civil suits, or had outstanding financial obligations. Authorities informed some persons by letter that their names were in the database; others learned only at border crossings. The Ministry of Internal Affairs and security agencies, border and customs services, and financial investigation departments have a right to place persons on “preventive” surveillance lists.

The Ministry of Internal Affairs is also required to track citizens working abroad, and employment agencies must report individuals who do not return from abroad as scheduled.

The leader of the Roman Catholic Church in the country, Archbishop Tadeusz Kondrusiewicz, was barred from re-entering the country in late August as he returned from church business in Poland. The archbishop had spoken out against police violence and prayed in front of a detention center in Minsk after unsuccessfully trying to visit arrested peaceful protesters. Authorities claimed they placed the archbishop on a nonentry list and revoked his passport while they probed allegations he maintained multiple citizenships. The archbishop reportedly only maintained Belarusian citizenship. By law citizenship may not be revoked if a citizen only has Belarusian citizenship and has no claim to another citizenship. Entry may not legally be denied to Belarusian citizens. In late December the archbishop was allowed to reenter the country.

On October 29, authorities abruptly closed the border with Poland and Lithuania, restricting entry into the country. On November 1, authorities temporarily closed all land borders to regular travelers, ostensibly to curtail rising COVID-19 infections. Lukashenka previewed the move in a September 17 speech, in which he did not mention COVID-19 but threatened to close the country’s Western borders because of what he purportedly saw as hostile actions from neighboring democratic governments, in particular Poland and Lithuania. On November 5, authorities further tightened restrictions, primarily against foreigners, but in some cases authorities restricted Belarusian citizens from entering the country, which observers stated was counter to the constitution. In early December the government imposed exit restrictions on citizens seeking to leave by land, reportedly to limit the spread of COVID-19 in the country; NGOs and activists claimed that these closures restricted options for those seeking to leave the country. On December 20, these measures went into effect and restricted the frequency of departures and the categories for persons who could depart. Authorities kept airports open to international travel during this period, although limited availability and high prices imposed costs and restricted options for those seeking to leave the country.

Exile: The law does not allow forced exile, but sources asserted that security forces continued to threaten some opposition members with bodily harm or prosecution if they did not leave the country, particularly after the August 9 election. Some others were in self-imposed exile or were driven to the border by authorities and forced to cross.

In July presidential hopeful Valery Tsapkala fled the country with his children, reportedly fearing arrest after other presidential candidates were detained in May and June. His wife, Veranika Tsapkala, participated in Svyatlana Tsikhanouskaya’s presidential campaign and in August also fled due to government pressure and fear of arrest.

After the August 9 presidential election, authorities forced opposition candidate Svyatlana Tsikhanouskaya into exile. Authorities reportedly threatened “her children would grow up as orphans.” On May 29, her husband was detained by authorities and as of December remained in detention. Authorities also detained and threatened an associate of Tsikhanouskaya, Volha Kavalkova, who accepted exile in September after authorities threatened her with a long prison term if she did not leave the country. On September 8, two additional members of the opposition’s Coordination Council, Executive Secretary Ivan Krautsou and Spokesperson Anton Radnyankou, were forced into exile. Security forces abducted Krautsou and Radnyankou and drove them to the border with Ukraine, where they were forced to cross the border into Ukraine.

Many university students who were expelled or believed they were under the threat of expulsion for their political activities opted for self-imposed exile and continued their studies abroad.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Refoulement: There were reports that the government expelled or returned asylum seekers or refugees to countries where they were likely to face abuse. For example, on June 29, the Supreme Court rejected the appeal of a Turkish citizen of Kurdish nationality, Hicri Mamas, who had been denied international protection in Belarus and expelled. Turkey sought Mamas’ extradition on charges of “infringement of the unity and territorial integrity of the state.” Multiple human rights organizations believed Mamas faced a significant risk of torture if he returned to Turkey.

Access to Asylum: The law provides for granting asylum or refugee status and complementary and temporary protection to foreign citizens and stateless persons, with some exceptions. The government has established a process for determining refugee status and a system for providing protection to refugees. The law provides for protection against refoulement granted to foreigners who are denied refugee status or temporary protection but are unable to return to their countries of origin.

All foreigners except Russians have the right to apply for asylum. According to the terms of the Union Treaty with Russia, Russians citizens may settle and obtain residence permits in the country. The government made an exception for one Russian citizen who sought asylum for religious reasons.

Freedom of Movement: Asylum seekers have freedom of movement within the country but must reside in the region where they filed their applications for refugee status and in a place known to authorities while their applications are being considered, including during appeals. Authorities reportedly often encouraged asylum seekers to settle in rural areas; however, the majority settled in cities and towns. Change of residence was possible with a notification to authorities. Authorities issue registered asylum seekers certificates that serve as documents to confirm their status as asylum seekers and identity and protect them from expulsion. In accordance with the law, they also must register with local authorities at their place of residence.

Access to Basic Services: Adults who are seeking asylum have to pay for higher education as well as for nonemergency medical services while minors receive education and medical services free of charge. Free legal assistance, housing, and language training are not available to either asylum seekers or refugees. Once asylum seekers obtain asylum, they are treated as residents.

Durable Solutions: Naturalization of refugees was possible after seven years of permanent residence, as in the case of other categories of foreign residents.

Temporary Protection: Although the government may provide temporary protection (for up to one year) to individuals who may not qualify as refugees, it did not do so during the year.

g. Stateless Persons

As of July 1, the Ministry of Internal Affairs and UNHCR listed 6,300 stateless persons. According to authorities, 98 percent of these individuals had permanent residence permits.

Permanently resident stateless persons were treated comparably to citizens in terms of access to employment, with the exception of a limited number of positions in the public sector and law enforcement bodies that were available only to citizens. There were reports that stateless persons occasionally faced discrimination in employment, since authorities often encouraged them to settle in rural areas where the range of employment opportunities was limited. According to UNHCR, stateless persons could freely change their region of residence.

There is a path to citizenship for the stateless population. The main requirement is at least seven years’ permanent residence. Authorities have a procedure for expedited naturalization but mostly for individuals born or permanently residing in the country prior to the collapse of the Soviet Union, ethnic Belarusians, their spouses, and descendants. If a child is born into a family of stateless persons permanently residing in the country, the child is entitled to Belarusian citizenship.

Section 3. Freedom to Participate in the Political Process

The law 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, but the government consistently denied citizens this ability by not conducting elections according to international standards.

Since his election in 1994 to a four-year term as the country’s first president, Alyaksandr Lukashenka steadily consolidated power in the executive branch to dominate all branches of government, effectively ending any separation of powers among the branches. Flawed referendums in 1996 and 2004 amended the constitution to broaden his powers, extend his term in office, and remove presidential term limits. Subsequent elections, including the National Assembly elections held in November 2019 and the presidential election held on August 9, continued to deny citizens the right to exercise their will in an honest and transparent process including fair access to media and to resources.

Elections and Political Participation

Recent Elections: According to independent local observation groups, the August 9 presidential election was marred by numerous abuses, the use of administrative resources in favor of the incumbent, the absence of impartial election commissions, unequal access to media, coercion of voters to participate in early voting, nontransparent vote tabulation, and restrictions on independent observers. Irregularities identified by NGOs and independent observers raised significant doubts regarding authorities’ claims that Alyaksandr Lukashenka received 80 percent of votes during the presidential election.

Government pressure against potential opposition presidential candidates began three months prior to the presidential election and continued afterward. Authorities prior to the presidential election restricted the ability of challengers to register as candidates, restricted candidates from campaigning, pressured and detained presidential campaign teams, pressured citizens who showed support for opposition candidates, and detained press to limit opposition coverage.

The OSCE rapporteur’s Report under the Moscow Mechanism on Alleged Human Rights Violations related to the August 9 presidential election, released by the OSCE on November 5, detailed a wide range of allegations of electoral irregularities concerning: “1) nontimely invitation of international observers, 2) shortcomings in the appointments of election management bodies on all levels, 3) restrictions of the right to stand (for office), 4) limitations in election dispute resolution, 5) overall disregard for freedom of assembly, 6) unequal playing field for candidates, including nontransparency in campaign financing, 7) nontransparent early voting process, 8) overcrowding of polling stations, 9) missing checks and balances, lack of possibility for verifying the electoral results, and 10) inaccessibility of all steps of the electoral process for observation inhibiting the effective assessment of the elections.” The report stated that “in view of the evident shortcomings of the presidential elections which did not meet the basic requirements established on the basis of previous election monitoring and the observations by citizen the presidential election have to be evaluated as falling short of fulfilling the country’s international commitments regarding elections. Allegations that the presidential elections were not transparent, free or fair were found confirmed.”

Authorities detained and at times charged opposition campaign team members, including regional representatives, with allegedly participating in unauthorized mass events, which placed additional pressure on opposition campaign teams. Progovernment candidates or teams did not face similar police pressure.

During the campaign season, authorities arrested or forced into exile the candidates observers described as posing the greatest threats to his re-election.

On May 6, authorities detained presidential hopeful Syarhey Tsikhanouski and held him for 15 day for allegedly participating in an unauthorized mass event in December 2019, which kept him imprisoned past the May 15 deadline for registering signature collection groups for presidential candidates. Tsikhanouski was prevented from signing the documents necessary to register his signature collection group by the deadline. Although officials admitted Tsikhanouski’s candidacy met the election law criteria, they claimed his signature was required. Tsikhanouski’s wife, Svyatlana Tsikhanouskaya, instead submitted her own name, which authorities accepted.

On May 29, Tsikhanouski was detained again in Hrodna while participating in a signature-gathering event for his wife’s candidacy (see section 2.b., Freedom of Peaceful Assembly). Authorities claimed he was involved in a brawl in which police were attacked. State media highlighted the detention and allegations against Tsikhanouski. Independent media and video footage captured by multiple bystanders showed a pair of women who followed Tsikhanouski and attempted to provoke him into arguments. He first spoke with and then attempted to avoid the pair. Police grabbed Tsikhanouski’s arm after one woman complained he was avoiding her questions. Members of the crowd moved to assist Tsikhanouski and separate him from police, during which one officer fell to the ground. Moments later, riot police detained Tsikhanouski and nine of his associates, including his local campaign representative who had not been near the alleged brawl. In June, Tsikhanouski was charged with various criminal offenses (see section 2.b.). As of December, Tsikhanouski remained in detention.

On June 18, authorities detained former Belgazprombank chairman and presidential hopeful Viktar Babaryka and his son Eduard while on their way to submit the necessary signatures to register his presidential candidacy with the Central Election Commission. Babaryka was taken to the facility of the State Control Committee’s Department of Financial Investigations for questioning, and authorities barred Babaryka’s lawyers from speaking with him. Independent media and human rights NGOs reported that, on June 21, authorities charged Babaryka with large-scale money laundering, tax evasion, large-scale theft, fraud, and bribery. The charges carry criminal penalties, including fines and multiyear prison sentences. The court rejected Babaryka’s appeal to have his detention overturned. Authorities declined to register Babaryka as a candidate after his campaign team gathered more than 400,000 valid signatures, citing inconsistencies in his income and property declaration as well as the “participation of a foreign organization in his election campaign.” NGOs stated that Babaryka was arrested in response to his political activities and general popularity during his presidential campaign. As of December, Babaryka and his son remained in detention.

On June 29, the Ministry of Internal Affairs announced it had started preliminary investigations into alleged “facts of illegal activities” committed by presidential candidate, High-Tech Park founder, and former diplomat Valery Tsapkala. On July 14, the Central Election Commission barred him from running in the presidential campaign claiming that many of his support signatures were invalid, and that information regarding his income declaration and wife’s assets was inaccurate. On July 21, a court in Minsk held an initial hearing without Tsapkala present on a lawsuit filed against him by a Turkish businessman who accused Tsapkala of bribery. On July 24, Tsapkala fled the country with his children after he heard authorities planned to arrest him (see section 2).

The government appeared to manipulate administrative procedures or the criteria for candidate registration in order to restrict political competition. In order to become a presidential candidate, authorities required each hopeful to collect 100,000 signatures. Citizens were allowed to sign for multiple candidates. In order for the signatures to count, authorities required campaign teams to have official representatives for each region who would submit the signatures with accompanying proof of citizenship to local level government offices. Citizen signatures were only valid in the districts where they were registered; this placed a higher burden on smaller campaign teams. For example, the Central Election Commission rejected Tsapkala’s application to run as a presidential candidate because he allegedly failed to submit enough valid signatures. Tsapkala’s campaign team claimed it submitted 200,000 signatures, but authorities only counted 75,000 as valid, causing him to fall short of the 100,000 threshold. Tsapkala appealed the decision, which the Supreme Court rejected on July 20.

According to the OSCE Moscow Mechanism Report, authorities introduced amendments that interfered with the transparency of the formation of election commissions, sought to decrease the proportion of independent and opposition participation in election commissions, and rejected or did not consider complaints and appeals concerning the nomination of election commissions. According to independent domestic monitors, authorities discriminated against the opposition members seeking seats on electoral commissions. Of 25 opposition members who applied for seats on territorial election commissions, only two were included. Of 545 opposition members applying for seats on precinct electoral commissions, only six were included. The other seats went to progovernment associations. As a result, observers maintained that these commissions remained biased against the opposition.

Authorities used an assortment of measures to support claims that vote tabulation on August 9 was legitimate. Key among these were restricting independent observation by domestic and international observers in favor of government-affiliated observers and claiming higher early voting participation to increase the number of ballots that could be fraudulently counted in Lukashenka’s favor.

Authorities restricted domestic and international observers during the election. After thousands of government-affiliated observers registered, on July 22, Central Election Commission chairwoman Lidziya Yarmoshyna stated that due to COVID-19, the government would limit observers at each polling station to three during early voting and five on election day. The majority of independent observers had not yet registered (as they had not expected registration to be limited, and assumed they had more time to register as deadlines for registration in previous elections had been much closer to the day of the election), and commission chairs at each polling station who controlled observation gave precedence to those who registered first.

There were extensive reports of state employees being coerced to vote early. Independent domestic observers who tallied voters estimated the early voting figure was inflated by a factor of two to three at some polling stations, undermining government claims early voting turnout was higher than election day turnout. On election day, independent observers at some precincts noted that combined early official voting numbers and tallies of observed voters on election day yielded a turnout of more than 100 percent of voters registered in the precinct. As in prior elections, voting tabulation remained nontransparent to observers.

Authorities allowed the diplomatic community to participate in observation, and noted COVID-19 restrictions would not apply to international observers. At vote-tabulation time, however, commission chairs at a number of poll stations claimed five observers were already in the room and so barred some international observers from observing tabulation.

Human rights monitors, independent observers, and the OSCE rapporteur under the Moscow Mechanism concluded that elections did not comply with international standards. Opposition candidates, their representatives, and independent observers reported authorities dismissed the vast majority of complaints they filed.

After authorities announced preliminary election results on August 10 claiming Lukashenka won the election, the government forced presidential contender Svyatlana Tsikhanouskaya into exile. Results at the small number of polling stations that counted votes transparently showed that Tsikhanouskaya received more votes at these locations and suggested she could have received a majority of the votes or enough to force a second round runoff. According to independent NGO monitoring, the state’s control over all broadcast media was employed to promote the candidacy of the incumbent, while state-controlled outlets provided only critical coverage of opposition candidates, largely focused on criminal charges authorities had brought against them.

According to NGOs, the electoral process at all stages failed to comply with a number of international standards for democratic and fair elections. Numerous violations of international standards and the country’s law were reported.

Authorities largely denied or dismissed petitions and complaints about violations of the electoral code during various stages of the election. Courts received 484 appeals regarding decisions on the formation of election commissions, of which 415 were denied and 69 went without consideration. Independent observers who were part of the Human Rights Defenders for Free Elections, a volunteer election observation initiative, submitted approximately 3,000 complaints to various state bodies and higher election commissions during early voting and on election day. Authorities reportedly denied all complaints.

According to the OSCE, it required a timely invitation to observe the August 9 presidential election, meaning notification at least 12 weeks before election day. When the government announced the presidential election date on May 8 it also stated the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) would be invited to observe after the candidate registration period closed on July 14. The OSCE informed the country’s authorities it needed a timely invitation on several occasions and on July 15, the ODIHR Director announced that ODIHR had not received a timely invitation and would be unable to send an observation mission. Belarus authorities sent an invitation on July 15. When authorities were later criticized for a lack of ODIHR observers, the government blamed ODIHR, claiming the country had invited ODIHR to attend and monitor the vote. The OSCE Moscow Mechanism Report noted that the government sent an invitation four months before the 2019 National Assembly election, “which raises the suspicion that (delaying the invitation) was done on purpose in order to avoid international monitoring of part of the pre-election process, in particular the registration of candidates, where numerous problems were observed.”

In March international observers previously assessed that the November 2019 National Assembly elections also failed to meet international standards. According to the ODIHR, OSCE Parliamentary Assembly, and Parliamentary Assembly of the Council of Europe election observation mission intermediate report, while the National Assembly elections proceeded calmly with a high number of candidates and observers, they did not meet important international standards for democratic elections and there was an overall disregard for fundamental freedoms of assembly, association, and expression.

The observation mission report on the National Assembly elections found that a high number of candidates stood for election, but an overly restrictive registration process inhibited the participation of opposition candidates. A limited amount of campaigning took place within a restrictive environment that, overall, did not provide for a meaningful or competitive political contest. Media coverage of the campaign did not enable voters to receive sufficient information about contestants. The election administration was dominated by the executive authority, limiting its impartiality and independence, and the integrity of the election process was not adequately safeguarded. Significant procedural shortcomings during the counting of votes raised concerns about whether results were counted and reported honestly, and an overall lack of transparency reduced the opportunity for meaningful observation.

Political Parties and Political Participation: Authorities routinely impeded the activities of opposition political parties and activists. Some opposition parties lacked legal status because authorities refused to register them, and the government routinely interfered with the right to organize, run for election, seek votes, and publicize views. The government allowed approximately six largely inactive but officially registered pro-Lukashenka political parties to operate freely. The government used its monopoly on broadcast media to disparage the opposition and promote pro-Lukashenka parties and to restrict the ability of opposition candidates to publicize their views. There were reports of government resources being used to benefit the incumbent, such as government officials campaigning for Lukashenka during working hours.

During the year authorities fined and arrested opposition political parties’ leaders for violating the Law on Mass Events and participating in numerous unauthorized demonstrations (see section 2). The law allows authorities to suspend parties for six months after one warning and close them after two. The law also prohibits political parties from receiving support from abroad and requires all political groups and coalitions to register with the Ministry of Justice. Members of parties that continued to operate when authorities refused to register them, such as the Belarusian Christian Democracy Party, continued to be subjected to harassment and arbitrary checks.

Central Election Commission chairwoman Lidziya Yarmoshyna reported that the COVID-19 restrictions would not apply to international observers, proxies of presidential candidates, members of the House of Representatives and members of the Council of the Republic, members of local councils who could observe the election in accordance with their status, or registered media. The vast majority of observers at polling stations and during voting and vote tabulation were government affiliated, while domestic independent observers waited outside poll stations and sought to count individuals who entered the premises. Domestic independent observers faced significant restrictions, including limitations on their ability to be present at polling stations, purportedly because of the threat of COVID-19. The government, however, did not take any other precautions related to the pandemic, such as enforcing social distancing, limiting the number of voters in buildings at any given time, or requiring the wearing of masks. In a number of cases, commissions removed independent domestic observers from polling stations for allegedly interfering with their work and banned them from videotaping or taking photographs. Some government officials responsible for polling sites called police to detain independent domestic observers for various alleged inappropriate behavior. Police for the most part took these observers to police stations, checked their documents, and released them. Human rights activists reported 86 domestic observers were detained during the early voting period.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, but the government’s patriarchal attitude disfavored women’s efforts to achieve positions of authority. Of the country’s 24 government ministers, only one was a woman. Women increasingly joined the opposition as leaders, served as vocal members of the opposition, led regular “women’s marches,” and participated in protests more broadly. Women told independent media that they were inspired to become more politically active after hearing Lukashenka’s remarks regarding his female opponent Tsikhanouskaya. He stated, “Our Constitution is not suitable for a woman. Our society is not ready to vote for a woman. Because the Constitution gives strong authority to the president.” In later remarks to clarify his statement, Lukashenka said that the presidency was a heavy burden for anyone, but female candidates in particular would be “unable to handle the pressures of the presidency.”

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government appeared to prosecute regularly officials alleged to be corrupt. There were, however, also allegations that some high level officials sometimes engaged in corrupt practices with impunity. The World Bank’s Worldwide Governance Indicators reflected that corruption was a serious problem in the country. In March 2019 the Council of Europe’s Group of States against Corruption (GRECO) declared the country noncompliant with its anticorruption standards. The government did not publish evaluation or compliance reports, which according to GRECO’s executive secretary, “casted a dark shadow over the country’s commitment to preventing and combating corruption and to overall cooperation with GRECO.” In October 2019 GRECO’s executive secretary repeated its concerns regarding the country’s “continuous noncompliance.”

Corruption: According to official sources, most corruption cases involved soliciting and accepting bribes, fraud, and abuse of power, although anecdotal evidence indicated such corruption usually did not occur as part of day-to-day interaction between citizens and minor state officials.

The absence of independent judicial and law enforcement systems, the lack of separation of powers, and a harried independent press largely barred from interaction with a nontransparent state bureaucracy made it virtually impossible to gauge the scale of corruption or combat it effectively.

The most corrupt sectors were state administration and procurement, the industrial sector, the construction industry, health care, and education.

There were numerous corruption prosecutions during the year. For example, in January the BKGB announced it arrested four general managers of sugar refineries, including the head of the Belarusian Sugar Company and the former deputy head of the Interior Ministry’s organized crime and corruption department, Uladzimir Tsikhinya. They were reportedly charged with accepting “hundreds of thousands of dollars” in bribes, and Lukashenka accused them of “pocketing kickbacks and corruption” for allegedly selling sugar through intermediaries at lower price, which exported it to Russia and illegally re-exported back at higher prices. On August 25, independent media reported that Tsikhinya, who purportedly notified general managers of possible inspections and abuses against them, was charged and released, while other suspects reportedly remained in pretrial detention.

In general, corruption prosecutions remained selective and nontransparent.

Financial Disclosure: Anticorruption laws require income and asset disclosure by appointed and elected officials, their spouses, and members of households who have reached legal age and continue to live with them in the same household. According to the law, specialized anticorruption departments within the Prosecutor General’s Office, the BKGB, and the Ministry of Internal Affairs monitor and verify anticorruption practices, and the prosecutor general and all other prosecutors are mandated to oversee the enforcement of anticorruption law. These declarations were not available to the public; an exception applies to candidates running in presidential, National Assembly, and municipal elections. There are administrative sanctions and disciplinary penalties for noncompliance.

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

There were a number of active domestic human rights NGOs, although authorities were often hostile to their efforts, restricted their activities, selectively cooperated with them, and were not responsive to their views.

Prominent human rights NGOs–such as the Belarusian Helsinki Committee, the Office for the Rights of Persons with Disabilities, and the Center for Legal Transformations–operated as registered entities. The government refused to register some other NGOs, placing them at risk of fines. Some unregistered NGOs, including Vyasna and Legal Assistance to the Population, continued to operate.

Authorities at times harassed both registered and unregistered human rights organizations. They subjected them to inspections and threats of deregistration and reportedly monitored their correspondence and telephone conversations. Beginning in August, human rights activists were also arrested during the government’s violent crackdown. For example, on September 17, Vyasna human rights activist and volunteer coordinator Marfa Rabkova was detained and later charged with criminal activity for the “training or other preparation of persons to participate in riots, or funding such activities.” Vyasna asserted that Rabkova’s detention and charges were politically motivated in response to her efforts to train short-term election observers for the Human Rights Defenders for Free Elections volunteer initiative and her work in documenting severe abuses of detainees. As of December, Rabkova remained in detention along with two other Vyasna volunteers, Andrei Chapiuk and Ksenia Syramalot. Vyasna considered all three individuals to be political prisoners.

The government largely ignored reports issued by human rights NGOs and rarely met with unregistered groups. State-run media rarely reported on human rights NGOs and their activities.

During the year the Belarusian Helsinki Committee’s bank accounts remained blocked due to long-standing tax arrears related to foreign funding the organization received in the early 2000s, on which the government places restrictions, but the government allowed the committee to operate without other interference.

Authorities may close an NGO after issuing only one warning that it violated the law, including the law on mass events. The law allows authorities to close an NGO for accepting what it considered illegal forms of foreign assistance and permits the Justice Ministry to monitor NGO activities and review their documents. NGOs must also submit detailed annual reports to the ministry regarding their activities, office locations, and total number of members.

Authorities were generally reluctant to engage on human rights problems with international human rights NGOs or other human rights officials, and international NGO representatives often had difficulty gaining admission to the country in their official capacity. Authorities routinely ignored local and international groups’ recommendations on improving human rights in the country, as well as requests to stop harassing the human rights community.

The United Nations or Other International Bodies: In 2018 the UN Human Rights Council appointed Anais Marin as the special rapporteur on the situation of human rights in the country. The government continued to speak against “the politicized and senseless” mandate of the rapporteur, refused to recognize the mandate, and denied Marin entry to the country. On September 17, a total of 17 OSCE participating states invoked the “Moscow Mechanism” against the country to look into reports of serious human rights abuses, including election fraud and substantial interference with freedom of expression and the right of peaceful assembly. The country did not cooperate with the mechanism’s expert mission or allow it access to the country.

Government Human Rights Bodies: The country does not have an ombudsman or other national human rights institution. A standing commission on human rights in the lower chamber of the National Assembly was ineffective.

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

Women

Rape and Domestic Violence: The law criminalizes rape of men and women in general but does not include separate provisions on marital rape. The penalty for conviction of rape with aggravating factors is three to 15 years’ imprisonment. While sexual assault and rape continued to be significant problems, the government generally prosecuted cases against nonspouses committing rape. For example, on March 3, the Vileika District Court convicted a 26-year-old man of raping a 15-year-old girl and sentenced him to seven years’ imprisonment. The case was considered under the law as rape of a known minor, which is punishable by imprisonment for a term of five to 13 years. According to NGOs, authorities often did not consider spousal rape and did not prosecute such cases unless they involved severe aggravating factors and direct threats to victims’ lives.

Domestic violence was a significant problem and the government did not take effective measures to prevent it during the year. The government continued to issue protective orders mandating the separation of victims and abusers and provided temporary accommodations for the duration of the orders. It also operated crisis rooms that provided limited shelter and psychological and medical assistance to survivors.

The law on crime prevention establishes a separate definition of domestic violence and provides for implementation of protective orders, which are from three to 30 days in duration. The law requires authorities to provide victims and abusers with temporary accommodation until the protective orders expire. In addition the code on administrative offenses prescribes a substantial fine or detention for up to 15 days for violating protective orders, battery, intended infliction of pain, and psychological or physical suffering committed against a close family member.

According to a number of women’s rights NGOs, protective orders and crisis rooms remained ineffective and provided limited protection of victims’ rights. Efforts to prosecute offenders and ensure legal and other remedies to correct their behavior were also lacking. NGO experts continued to note the lack of state-supported designated shelters and specialists that work with victims, children, and aggressors.

According to the Internal Affairs Ministry, from January-March officers registered 655 offenses related to household and domestic violence crimes, which was reportedly down by 18 percent compared with the same period in 2019. Of those, 58 cases included causing severe bodily harm, 27 deaths caused by family members, and 225 cases of death threats and causing severe bodily harm. Police reported they prosecuted 186 individuals on charges of abusing family members. Police issued 1,903 protective orders from January-March.

According to press reports, on May 14, a 38-year-old man in the town of Cherikau severely beat his 39-year-old wife. The woman did not make a police report or seek medical attention until two days later, when she was hospitalized and died of her injuries the same day. The man was detained and charged with battery.

A Ministry of Internal Affairs representative was reachable once a month through July on a NGO-run nationwide hotline for victims of domestic violence. In August the NGO running the hotline stopped working with the Ministry of Internal Affairs representative following the government’s crackdown on demonstrators. As of June the shelter and hotline providers had not seen an increase in requests for help in the country during the COVID-19 pandemic, although this may have been associated with the lack of a government-imposed countrywide lockdown or self-isolation requirements. The Ministries of Internal Affairs, Labor and Social Protection, and Healthcare and NGOs continued a campaign, “Home without Violence.” The campaign was shifted online during the pandemic but was covered by government media.

Sexual Harassment: Sexual harassment reportedly was widespread, but no specific laws, other than those against physical assault, address the problem. Victims of sexual harassment did not have access to criminal or civil remedies for sexual harassment that occurred in the workplace.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children. All individuals have the right to manage their reproductive health and to have access to the information and means to do so, free from discrimination, coercion, or violence. Access to information on contraception was widely available. Government policy does not bar access to contraception, but some religious groups may oppose it on religious grounds. Although there were no barriers to skilled health attendance during pregnancy and childbirth, and skilled postpartum care was widely available, there were fewer professionals with the skills to assist with difficult pregnancies outside of Minsk. The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: In prior years, women with disabilities, as well as pregnant women whose children were diagnosed with potential disabilities in utero, reported that some doctors insisted they terminate their pregnancies. While there are no indications that the practice has changed, no specific cases were highlighted during the year by press or NGOs.

Discrimination: The law provides for equal treatment of women with regard to property ownership and inheritance, family law, equal pay for equal work (although women were often paid less), and in the judicial system, and the law was generally respected. Although women have the same legal status as men, they experienced discrimination in employment as well as discrimination in the workplace (see section 7.d.).

During the year Lukashenka made multiple disparaging comments regarding female political opposition leaders that reflected a discriminatory attitude against women participating in the political arena (see section 3).

Children

Birth Registration: Citizenship is derived either by birth within the country or from one’s parents. A child of a citizen is a citizen regardless of place of birth, even if one parent is not a citizen. Births were generally registered immediately.

Child Abuse: Conviction of rape or sexual assault of a person known to be a minor is punishable by up to 15 years’ imprisonment. The penalty for conviction of a person older than 18 engaging in sexual acts with a person known to be younger than 16 carry is a sentence of up to 10 years’ imprisonment.

According to local human rights groups, domestic violence and abuse against children was common, and anecdotal evidence suggested that many parents admitted to beating their children. In a number of resonant cases of child abuse and assault, at least one parent, who committed a crime against the child, suffered from alcohol addiction, and the other was reluctant to report the crime. For example, a court in the town of Zelva convicted and sentenced a male resident to 25 years in prison for continuously abusing his minor daughters, one of whom suffered severe injuries and died. Authorities generally intervened to prevent child abuse stemming from domestic violence and identified families in vulnerable conditions and provided foster care to children who could not remain with their immediate families while preventive work was underway. Although the government continued to prosecute child abusers, its efforts to address the causes of child abuse were inadequate, lacking effective capabilities to detect violence and refer victims for proper assistance in a timely manner. The government instituted a comprehensive national plan for 2017-21 to improve childcare and the protection of children’s rights, including for victims of child abuse, domestic violence, and commercial sexual exploitation, but it acknowledged its inefficiency in executing certain protective measures absent assistance from international organizations and NGOs.

With assistance from NGOs that promote children’s rights, authorities employed procedures for on-the-record, one-time interviewing of child-abuse victims in the framework of investigations or criminal cases at specialized facilities under the direct supervision of psychologists. Courts often used recorded testimony to avoid repeatedly summoning child-abuse victims for hearings, but experts continued to raise concerns that in some cases, judges summoned child-abuse victims to testify at hearings. More experienced judges with expertise in developmental psychology, psychiatry, and education generally heard cases that affected the rights and interests of minors.

As of January the Ministry of Education ran 138 social-educational centers nationwide for minor victims of any type of violence or minors in vulnerable and dangerous conditions, but independent observers questioned the quality of services. General health-care institutions provided a wide range of medical aid to child abuse victims free of charge.

Child, Early, and Forced Marriage: The legal minimum age of marriage for both boys and girls is 18, although girls as young as 14 may marry with parental consent. There were reports of early marriage in which girls as young as 14 and boys as young as 16 married with parental consent.

Sexual Exploitation of Children: The minimum age for consensual sex is 16. Prostitution of children was a problem, and the government took some steps to address it. From January through September, the government identified 354 minors as victims of child sexual abuse and 24 minors exploited for pornography. The law provides penalties of up to 13 years in prison for conviction of production or distribution of pornographic materials depicting a minor. The government generally enforced the law. The government claimed that the law did not require a demonstration of force, fraud, or coercion to constitute a child sex-trafficking offense and claimed to have identified 27 minor trafficking and trafficking-related victims. Authorities considered child pornography and cyber-related methods like sexting, grooming, and sextortion to be serious problems and in January adopted a separate 2020-22 plan of action to protect minors from sexual abuse and exploitation. There were no reports on the implementation of the plan as of December.

Institutionalized Children: There was no system for monitoring child abuse in orphanages or other specialized institutions. Authorities did not report any child-abuse incidents in institutions. There have been allegations of abuse in foster families; the government opened or continued investigations into some of these cases.

According to a 2018 UNICEF study, more than two in five children at residential care institutions were exposed to either physical or psychological violence. Approximately one in four children participating in the survey reported exposure to physical violence at institutions. The children living in institutions appeared significantly more vulnerable compared with children living in families: they had two to three times more exposure to violence than children from secondary schools. Children from special closed-type educational institutions and penitentiary institutions reported greater exposure to violence both at home and in the institutions.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish community estimated that between 30,000 and 40,000 Jews lived in the country.

There were reports of isolated anti-Semitic incidents after the August 9 election, including cases of anti-Semitic violence by state actors during detentions. For example, according to press reports, police in Minsk detained Aleksandr Fruman while detaining protesters. Fruman reported that, upon learning that he was an Israeli citizen, police beat him while shouting anti-Semitic insults, and told him that “it was time to get another circumcision.” Jewish community leaders did not express concerns that their community members who participated in protests had been targeted for their ethnicity or religious group when detained by police.

Many memorials to victims of the Holocaust, built in Soviet times as well as more recently, do not distinguish Jewish victims from other victims of Nazi atrocities. The Jewish community continued to work with foreign donors and local authorities to erect monuments to commemorate Jewish victims specifically.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities, and discrimination was common.

On September 14, a regional court in Smarhon dismissed a case filed by a local children’s music school teacher with physical disabilities, who was seeking to restore a number of his rights, which he argued were abused based on his disability and discriminatory attitudes toward him. For example, although he had worked at the school since 1996, the building was not fully accessible and the administration held teachers’ conferences on a floor the teacher could not reach, limiting his ability to share information related to his work. The teacher also cited discriminatory and derogatory language used by the school’s principals and fellow teachers as well as the principal’s refusal to provide extra days off for the teacher, who was in a risk group for COVID-19. The school reportedly addressed the teacher’s working schedule and improved accessibility to the building prior to the court ruling, which allowed the court to dismiss the case.

The law mandates that transport, residences, and businesses be accessible to persons with disabilities, but few public areas were wheelchair accessible or accessible for persons with hearing and vision disabilities. The National Association of Disabled Wheelchair Users estimated that more than 90 percent of persons with physical disabilities were unable to leave their places of residence without assistance and stated their residences were not suitable to accommodate persons with physical disabilities. While authorities claimed that 30 percent of the country’s total infrastructure was accessible, disability rights organizations considered this figure inflated, although the situation continued to improve during the year. NGOs reported that the government was growing increasingly aware of these problems, but progress was slow.

The country’s lack of independent living opportunities left many persons with disabilities no choice but to live in state-run institutions. According to the Ministry of Labor, approximately 89 such institutions across the country housed approximately 21,500 persons. Disability rights organizations reported that the quality of care in these facilities was low. Instances of harassment and mistreatment were reported, such as cases of physical and psychological abuse, lack of medical care for other non-disability-related conditions, and underfunded facilities and infrastructure. Authorities continued the practice of placing persons with physical and mental disabilities in the same facilities and did not provide either group with specialized care. Approximately 15,000 persons with disabilities who lived in “psychoneurological” institutions were deprived of legal rights, and courts designated directors of these institutions as their legal guardians.

Public transportation was free to persons with disabilities, but the majority of subway stations in Minsk as well as the bus system were not wheelchair accessible. In 2017 the most recent year for which information was available, experts of the NGO ACT released a monitoring report indicating that 3.3 percent of all educational institutions across the country were accessible to persons with disabilities, including with vision and hearing disabilities, and most of these facilities were recently constructed.

Persons with disabilities, especially those with vision and hearing disabilities, often encountered problems with access to courts and obtaining court interpreters. Women with disabilities often faced discrimination, including employment discrimination, claims they were unable to care for their children, and received worse medical services and care compared to the general population–especially in provincial medical institutions. Women with disabilities, as well as pregnant women whose children were diagnosed with potential disabilities in utero, reported that some doctors insisted they terminate their pregnancies. Pregnant women with disabilities face accessibility barriers at maternity clinics and hospitals.

Members of National/Racial/Ethnic Minority Groups

Governmental and societal discrimination against Roma persisted. According to leaders of the Romani communities, security and law enforcement agencies continued to arbitrarily detain, investigate, profile, and harass Roma, including by forcing fingerprinting, mistreating them in detention, and subjecting them to ethnic insults.

Official and societal discrimination continued against the country’s 6,848 (according to the 2019 census) to 60,000 (according to Romani community estimates) Roma. The Romani community continued to experience marginalization, various forms of discrimination, high unemployment, low levels of education, and lack of access to social services. Roma generally held citizenship, but many lacked official identity documents and refused to obtain them.

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

There were reports that authorities threatened and condoned violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. For example, according to the LGBTI rights group Makeout, on September 26, police detained a transgender man, Yauheni Velko, at a protest. While in transport, police insulted him on the basis of his gender identity. At the police station, security officials conducted a strip search and targeted him with gender-focused harassment and threats, including rape and death threats. Officials at the detention facility told relatives who knew he was at the facility that there were no men detained at the location, and therefore he was not present. Velko spent two days in detention and was tried and fined on September 28. Officers also confiscated his rainbow flag.

Consensual same-sexual conduct between adults is not illegal, but LGBTI discrimination was widespread, and harassment occurred. The law does not provide antidiscrimination protections to LGBTI individuals on the basis of their sexual orientation, gender identity or expression, or sex characteristics.

Societal discrimination against LGBTI activists persisted with the tacit support of the government, which either failed to investigate crimes or did so without recognizing it as a hate crime. For example, in December 2019 a Minsk district court sentenced a local resident on charges of grave hooliganism to 18 months in jail and ordered him to pay 5,400 rubles ($2,210) in compensation to his victim Mikalai Kuprych. The perpetrator assaulted Kuprych, who suffered multiple facial injuries and bone fractures, after he reportedly saw Kuprych hugging friends. Although the perpetrator stated during the investigation that this was the prime motive for his attack, the court refused to recognize anti-LGBTI sentiments as a motive.

The government allows transgender persons to update their name and gender marker on national identification documents, but these documents retain old identification numbers that include a digit indicating the individual’s sex assigned at birth. Transgender persons reportedly were refused jobs when potential employers noted the “discrepancy” between an applicant’s identification number and gender marker. Banks also refused to open accounts for transgender persons on the same grounds. Transgender men were issued military identification that indicated they had “a severe mental illness.”

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS remained a problem, and the illness carried a heavy social stigma. According to local NGOs working with HIV and AIDS positive individuals and other groups at risk, HIV-infected individuals, especially drug users undergoing or having completed treatment, continued to face discrimination, especially at workplaces and during job interviews. For example, based on doctors’ clinical reports, schools reportedly refused to employ HIV-positive individuals even when they were applying for jobs that did not involve contact with children. For example, in May an individual was barred from a building maintenance job under Ministry of Health instructions that restricted HIV-positive individuals from working with children.

The government continued to broadcast and post public-service advertisements raising awareness concerning HIV/AIDS and calling for greater tolerance toward persons infected with the virus.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Although the law provides for the rights of workers, except state security and military personnel, to form and join independent unions and to strike, it places a number of serious restrictions on the exercise of these rights. The law provides for the right to organize and bargain collectively but does not protect against antiunion discrimination. Workers who say they are fired for union activity have no explicit right to reinstatement or to challenge their dismissal in court, according to trade union activists.

The law provides for civil penalties against employers in the form of fines for violations of the freedom of association or collective bargaining. Fines against employers were not commensurate with penalties for other crimes related to civil rights. The government did not enforce the law, in part because the government and state enterprises violated the legal right of freedom of association.

The government severely restricted independent unions. The government-controlled Federation of Trade Unions of Belarus (FTUB) is the largest union federation, claiming more than four million members, to whom it provides benefits. The Belarusian Congress of Democratic Trade Unions (BKDP), with four constituent trade unions, made up of approximately 10,000 workers, was the largest union umbrella organization not affiliated with the government. The BKDP, however, did not represent the majority of workers at any of the country’s largest state employers. Tight government control over registration requirements and public demonstrations made it difficult for the BKDP to organize and operate, or conduct strikes.

The government did not respect freedom of association and collective bargaining. Prohibitive registration requirements, mandating that any new union unaffiliated with the government have a large membership and cooperation from state employers, continued to present significant obstacles to independent union formation. Trade unions may be deleted from the register by a decision of the registrar, without any court procedure. The registrar may remove a trade union from the register if, following the issuance of a written warning to the trade union that it is violating legislation or its own statutes, the violations are not corrected within a month. Authorities continued to resist attempts by workers to leave the official union and join the independent one, but workers reportedly increasingly left the FTUB without joining the BKDP for political reasons following the August 9 presidential election. The government restrictions on freedom of association made it difficult for independent trade unions to participate in collective bargaining. Authorities require a single labor union position ahead of bargaining, which at state enterprises where the BKDP is present requires both labor organizations to collaborate in collective bargaining. Labor activists reported, however, that this benefited the BKDP because agreements negotiated with the participation of independent unions were more favorable to workers than those agreements solely negotiated by the FTUB.

The requirements to conduct a legal strike are high. For example, strikes may only be held three or more months after dispute resolution between the union and employer has failed. The duration of the strike must be specified in advance. In addition a minimum number of workers must continue to work during the strike. Nevertheless, these requirements were largely irrelevant, since the unions that represented almost all workers remained under government control. Government authorities and managers of state-owned enterprises routinely interfered with union activities and hindered workers’ efforts to bargain collectively, in some instances arbitrarily suspending collective bargaining agreements. Management and local authorities blocked worker attempts to organize strikes on many occasions by declaring them illegal.

Some union members who participated in political protests, which authorities generally considered unauthorized mass events, were detained, and a smaller percentage of politically active workers lost their jobs. Despite government pressure, after the August 9 election, some workers protested and attempted to organize strikes, but a majority of workers did not because of the extreme pressures authorities put on them and potential strike leaders. Government pressure included making examples of strike leaders by putting them in jail, subjecting them to physical violence, firing them, detaining or fining workers who discussed conducting strikes, refusing to renew employment contracts of workers involved in strikes, and applying psychological pressure in the form of threatening workers with the removal of parental rights over their children and stressing the impact lost wages would have on their children and families. In August and September, the inability to convince a majority of workers to hold a general strike led significant minorities of workers at large state-owned factories to conduct work-to-rule action as a sign of protest.

Workers encountered politically related pressure. For example, on October 1, the state-owned enterprise Belarusian Steel Works (BMZ) informed an employee who had taken part in a spontaneous anti-Lukashenka rally at the factory in August that the company would not extend his employment contract upon its expiration on November 4. BMZ managers had reportedly previously promised that no one would be punished for participating in the political rally, but police afterward sentenced the worker and another colleague to 12 days in jail for allegedly participating in an unauthorized mass event. The worker had worked at BMZ for 20 years.

The Law on Mass Events also seriously limited demonstrations, rallies, and other public action, constraining the right of unions to organize. No foreign assistance may be offered to trade unions for holding seminars, meetings, strikes, pickets, etc., or for “propaganda activities” aimed at their own members, without authorities’ permission.

Government efforts to suppress independent unions included frequent refusals to extend employment contracts for members of unions unaffiliated with the government and refusals to register independent unions. According to BKDP leader Alyaksandr Yarashuk, the only registration of a nongovernment union since 1999 occurred in 2019 when authorities approved the third registration application of a branch of the independent trade union of miners, chemical, oil refinery, energy, transport, construction industries, and other workers in Salihorsk. The registration followed the restructuring of the state-owned potash fertilizer producer Belaruskali, which established a number of separate subsidiaries, and workers wanted to keep their membership in the BKDP’s labor unions. Authorities attempted to pressure or fire workers who were deemed protest or strike leaders, or became involved in opposition political activities.

During the year the BKDP-affiliated Radio and Electronics Trade Union chairman Genadz Fedynich and chief accountant Ihar Komlik remained under house arrest following their 2018 conviction for allegedly evading taxes and sentence to four years of house arrest. The court also banned the trade unionists from holding any administrative positions for five years. In 2018 the Minsk City Court dismissed their appeal. In May 2019 Fedynich’s house arrest was slightly eased, and a November 2019 presidential amnesty law reduced the sentences of both Fedynich and Komlik by a year to 2021.

Most contracts at state enterprises are one-year contracts. State employees, who constituted approximately 70 percent of the workforce, may have contracts with terms of up to five years, but most contracts expire after one year. The BKDP and NGOs alleged this practice gave the government, through state employers, the ability to fire state employees by declining to renew their contracts. Some state employees (including medical professionals) who protested against the government’s COVID-19 response or participated in protests against the government’s handling of the election reportedly were not rehired. Members of nongovernment-affiliated unions, political parties, and civil society groups lost their jobs due to one-year contracts lapsing. A government edict provides the possibility for employers to sign open-ended work contracts with an employee only after five years of good conduct and performance by the employee. Longer contracts, however, reportedly also restrict the ability of employees to leave for other jobs. Workers are generally protected during the terms of their contracts.

Opposition political party members and democratic activists sometimes had difficulty finding work at state-affiliated employers due to government pressure on these employers.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, with the exception of court rulings that may require work or services as part of a sentence, and which may include penal labor.

Parents who have had their parental rights stripped and are unemployed or are working but fail to compensate state child-care facilities for the maintenance of their children, may be subject to forced employment by court order. Individuals who refuse forced employment may be held criminally liable and face community service or corrective labor for a period of up to two years, imprisonment for up to three years, or other freedom restrictions, all involving compulsory labor and garnishment of 70 percent of their wages to compensate for expenses incurred by the government.

Minsk authorities required officially registered unemployed individuals to perform paid community service one day a month. Individuals who performed fewer than 12 working days of paid community service during a year were prohibited from receiving some unemployment benefits. Individuals with disabilities, single parents, and parents of three or more children, as well as parents of children with disabilities and younger than 18 were exempt.

Regulations against forced labor were seldom enforced, and resources and inspections dedicated to preventing forced and compulsory labor were minimal. Penalties for violations were commensurate with those of other serious crimes.

Belarus largely served as a source country for labor trafficking. Aside from border restrictions enacted during COVID-19, Belarusians were able to freely travel to and work in Russia, reportedly the largest destination country. Compared to NGOs, the government rarely identified victims of labor trafficking, and prosecution of those responsible for forced labor remained minimal. NGOs in 2019 identified 59 labor trafficking victims, compared with the government’s three. Authorities reportedly did not recognize claims by Belarusians who returned from Russia and complained they had endured forced labor there. Government efforts to prevent and eliminate labor trafficking did not improve during the year.

There were no reported examples of government reprisals identified against individuals who abstained from community activities during the year (commonly called “subbotniks”). According to a media report, however, workers at a state-run hospital expressed fear of reprisals in the form of withholding wages if they failed to participate.

Former inmates stated their monthly wages were as low as three to four rubles ($1.50 to $2.00). Senior officials with the General Prosecutor’s Office and the Internal Affairs Ministry stated in 2015 that at least 97 percent of all work-capable inmates worked in prison as required by law, excluding retirees and persons with disabilities, and that labor in prison was important and useful for rehabilitation and reintegration of inmates.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 16. Children as young as 14 may conclude a labor contract with the written consent of one parent or a legal guardian. The Prosecutor General’s Office is responsible for enforcement of the law. Persons younger than 18 are allowed to work in nonhazardous jobs but are not allowed to work overtime, on weekends, or on government holidays. Work may not be harmful to children’s health or hinder their education.

The government generally enforced these laws and penalties for violations were commensurate with those of other serious crimes.

d. Discrimination with Respect to Employment and Occupation

There is no penalty for discrimination in general. The Labor Code prohibits employer discrimination only when employers refuse to hire a person who was referred by the government Labor, Employment, and Social Welfare agency as part of a quota system. In these cases the government may charge the employer with a civil penalty if the discrimination was on the basis of the person’s race, age, gender, language, political or religious beliefs, membership in a trade union, social status, or place of residence. The government did not effectively enforce this law.

Discrimination in employment and occupation occurred with respect to ethnicity, gender, disability, language, sexual orientation and gender identity and expression, and HIV-positive status (see section 6). In addition some members of the Romani community complained that employers often discriminated against them and either refused to employ them or did not provide fulltime jobs. The government did not take any action during the year to prevent or eliminate employment discrimination. Employment discrimination happened across most economic sectors and in both private and public workplaces.

The law requiring equal pay for equal work was not regularly enforced, and in July 2019 the country’s National Statistics Committee reported that average salaries for women were 27.3 percent less than salaries for men.

The government maintained a list of 181 “physically demanding” jobs “in hazardous or dangerous conditions” that women are not permitted to occupy. Women are also unable to work in all the same employment sectors as men. Very few women were in the upper ranks of management or government, and most women were concentrated in the lower-paid public sector. Although the law grants women the right to three years of maternity leave with assurance of a job upon return, employers often circumvented employment protections by using short-term contracts, then refusing to renew a woman’s contract when she became pregnant.

A government prohibition against workdays longer than seven hours for persons with disabilities reportedly made companies reluctant to hire them. Local NGOs reported that up to 85 percent of persons with disabilities were unemployed. Authorities provided minimal welfare benefits for persons with disabilities. Pension calculations should consider disability status under the law, however, authorities were not always willing to provide higher pensions warranted by disability status. Members of the country’s Paralympic teams received half the salaries and prize money of athletes without disabilities.

e. Acceptable Conditions of Work

As of October 1, the national minimum monthly wage exceeded the poverty line.

The law establishes a standard workweek of 40 hours and provides for at least one 24-hour rest period per week. The law provides for mandatory overtime and nine days of holiday pay and restricts overtime to 10 hours a week, with a maximum of 180 hours of overtime each year.

The government did effectively enforce minimum wage and overtime laws and penalties for violations were commensurate with those for other similar crimes. In June, Labor and Social Protection Minister Iryna Kastevich noted that the ministry was monitoring companies and organizations for compliance with employee dismissal regulations during COVID-19. Kastevich reported the volume of total working hours fell since the start of the pandemic, as employers attempted to keep workers employed by shortening working hours or placing persons on leave. Government COVID-19 support reportedly largely went to state enterprises, who received financial support such as loans, rather than workers or the private sector.

The State Labor Inspection Department at the Labor and Social Welfare Ministry was responsible for enforcement of wages, overtime, workplace safety, and worker health. The law establishes minimum conditions for workplace safety and worker health, but employers did not always follow these standards or require workers to wear minimal safety gear. The state labor inspectorate lacked authority to enforce employer compliance and often ignored violations. Although inspectors could make unannounced inspections, the number of inspectors was insufficient to enforce compliance. Penalties for occupational safety and health violations were not commensurate with those for other similar crimes.

The law provides workers the right to remove themselves from situations that endanger health or safety without jeopardizing their employment. According to the State Labor Inspection Department of the Labor and Social Welfare Ministry, employees have the right to refuse to perform work if they are not provided with personal protective equipment that directly ensures labor safety. The list of required personal protective equipment was approved by the ministry. In order to refuse to perform assigned work due to a lack of equipment, an employee must inform the employer or an authorized official of the reasons for refusal in writing.

According to the latest data, authorities reported 2,042 workplace injuries and 141 deaths in 2019, compared with 2,115 injuries and 144 deaths in 2018.

The State Labor Inspection Department maintained labor hotlines for each region and also provided separate contact details for matters associated with labor inspections, labor protection, and labor violations. The department also maintained a hotline for problems involving the illegal dismissal of workers.

Between June 7 and September 2, the State Labor Inspection Department released information highlighting typical violations of labor protection requirements in four areas: automotive and heavy machinery operation, electric and gas wielding equipment, earthworks and ground-level construction, and above-ground construction.

Independent experts reported the informal economy constitutes up to 30 percent of the total economy, which has a workforce of 4.5 million persons. The labor law does not cover informal workers.

China (Includes Hong Kong, Macau, and Tibet)

Read A Section: China

Hong Kong | Macau | Tibet

EXECUTIVE SUMMARY

The People’s Republic of China is an authoritarian state in which the Chinese Communist Party is the paramount authority. Communist Party members hold almost all top government and security apparatus positions. Ultimate authority rests with the Communist Party Central Committee’s 25-member Political Bureau (Politburo) and its seven-member Standing Committee. Xi Jinping continued to hold the three most powerful positions as party general secretary, state president, and chairman of the Central Military Commission.

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Armed Police continue to be under the dual authority of the Central Committee of the Communist Party and the Central Military Commission. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently use civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Civilian authorities maintained effective control of the security forces. Members of the security forces committed serious and pervasive abuses.

Genocide and crimes against humanity occurred during the year against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang. These crimes were continuing and include: the arbitrary imprisonment or other severe deprivation of physical liberty of more than one million civilians; forced sterilization, coerced abortions, and more restrictive application of China’s birth control policies; rape; torture of a large number of those arbitrarily detained; forced labor; and the imposition of draconian restrictions on freedom of religion or belief, freedom of expression, and freedom of movement.

Significant human rights issues included: arbitrary or unlawful killings by the government; forced disappearances by the government; torture by the government; harsh and life-threatening prison and detention conditions; arbitrary detention by the government, including the mass detention of more than one million Uyghurs and other members of predominantly Muslim minority groups in extrajudicial internment camps and an additional two million subjected to daytime-only “re-education” training; political prisoners; politically motivated reprisal against individuals outside the country; the lack of an independent judiciary and Communist Party control over the judicial and legal system; arbitrary interference with privacy; pervasive and intrusive technical surveillance and monitoring; serious restrictions on free expression, the press, and the internet, including physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others as well as their family members, and censorship and site blocking; interference with the rights of peaceful assembly and freedom of association, including overly restrictive laws that apply to foreign and domestic nongovernmental organizations; severe restrictions and suppression of religious freedom; substantial restrictions on freedom of movement; refoulement of asylum seekers to North Korea, where they have a well founded fear of persecution; the inability of citizens to choose their government; restrictions on political participation; serious acts of corruption; forced sterilization and coerced abortions; forced labor and trafficking in persons; severe restrictions on labor rights, including a ban on workers organizing or joining unions of their own choosing; and child labor.

Government officials and the security services often committed human rights abuses with impunity. Authorities often announced investigations following cases of reported killings by police but did not announce results or findings of police malfeasance or disciplinary action.

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

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

There were numerous reports that the government or its agents committed arbitrary or unlawful killings. In many instances few or no details were available.

In Xinjiang there were reports of custodial deaths related to detentions in the internment camps. There were multiple reports from Uyghur family members who discovered their relatives had died while in internment camps or within weeks of their release. For example, in October the government formally confirmed to the United Nations the death of Abdulghafur Hapiz, a Uyghur man detained in a Xinjiang internment camp since 2017. The government claimed Hapiz died in 2018 of “severe pneumonia and tuberculosis.” His daughter said she last heard from Hapiz in 2016; sources reported he disappeared no later than 2017 and was held without charges in an internment camp.

Authorities executed some defendants in criminal proceedings following convictions that lacked due process and adequate channels for appeal. Official figures on executions were classified as a state secret. According to the U.S.-based Dui Hua Foundation, the number of executions stabilized after years of decline following the reform of the capital punishment system initiated in 2007. Dui Hua reported that an increase in the number of executions for bosses of criminal gangs and individuals convicted of “terrorism” in Xinjiang likely offset the drop in the number of other executions.

b. Disappearance

There were multiple reports authorities disappeared individuals and held them at undisclosed locations for extended periods.

The government conducted mass arbitrary detention of Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim and ethnic minority groups in Xinjiang. China Human Rights Defenders alleged these detentions amounted to enforced disappearance, since families were often not provided information about the length or location of the detention.

The exact whereabouts of Ekpar Asat, also known as Aikebaier Aisaiti, a Uyghur journalist and entrepreneur, remained unknown. He was reportedly detained in Xinjiang in 2016 after participating in a program in the United States and subsequently sentenced to up to 15 years in prison.

Authorities in Wuhan disappeared four citizen journalists, Chen Qiushi, Li Zehua, Zhang Zhan, and Fang Bin, who had interviewed health-care professionals and citizens and later publicized their accounts on social media in the midst of the COVID-19 outbreak and subsequent lockdown in Wuhan. While Li Zehua was released in April, Fang Bin’s and Chen Qiushi’s whereabouts were unknown at year’s end. Zhang Zhan was indicted on charges of “picking quarrels and provoking trouble,” and authorities tried and convicted her on December 28, sentencing her to four years’ imprisonment. She was the first known person to be tried and convicted for her coverage of the COVID-19 outbreak in Wuhan.

Human rights lawyer Gao Zhisheng, who has been disappeared on multiple occasions, has been missing since 2017.

The government still had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations. Many activists who were involved in the 1989 demonstrations and their family members continued to suffer official harassment. The government made no efforts to prevent, investigate, or punish such harassment.

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

The law prohibits the physical abuse and mistreatment of detainees and forbids prison guards from coercing confessions, insulting prisoners’ dignity, and beating or encouraging others to beat prisoners. The law excludes evidence obtained through illegal means, including coerced confessions, in certain categories of criminal cases. There were credible reports that authorities routinely ignored prohibitions against torture, especially in politically sensitive cases.

Numerous former prisoners and detainees reported they were beaten, raped, subjected to electric shock, forced to sit on stools for hours on end, hung by the wrists, deprived of sleep, force fed, forced to take medication against their will, and otherwise subjected to physical and psychological abuse. Although prison authorities abused ordinary prisoners, they reportedly singled out political and religious dissidents for particularly harsh treatment.

In December 2019 human rights lawyer Ding Jiaxi was detained on suspicion of “inciting subversion of state power” for participating in a meeting in Xiamen, Fujian Province, to organize civil society activities and peaceful resistance to Chinese Communist Party (CCP) rule. Ding’s wife posted on Twitter that Ding was tortured in a detention center in Beijing, including being subjected to sleep deprivation tactics such as shining a spotlight on him 24 hours per day. As of December 2020, Ding remained in pretrial detention at Linshu Detention Center in Shandong Province.

Following her June 6 arrest, Zhang Wuzhou was tortured in the Qingxin District Detention Center in Qingyuan (Guangdong Province), according to her lawyer’s July 22 account reported by Radio Free Asia. Zhang said that detention center authorities handcuffed her, made her wear heavy foot shackles, and placed her in a cell where other inmates beat her. The Qingyuan Public Security Bureau detained Zhang on charges of “provoking quarrels and stirring up troubles” two days after she held banners at Guangzhou Baiyun Mountains to mark the anniversary of the Tiananmen massacre.

In August an attorney for detained human rights activist and lawyer Yu Wensheng reported that Yu had been held incommunicado for 18 months before and after his conviction in June of “inciting subversion of state power” for which he received a four-year sentence. Yu reported he was repeatedly sprayed with pepper spray and was forced to sit in a metal chair for an extended period of time.

On October 22, human rights lawyer Chang Weiping, known for his successful representation of HIV/AIDS discrimination cases, was put into “residential surveillance in a designated location” in Baoji City, Shanxi Province, after posting a video to YouTube detailing torture he suffered during a January detention. As of December, Chang was still under these restrictions and denied access to his family and lawyer.

Members of the minority Uyghur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and officials working within the penal system and the internment camps. Survivors stated that authorities subjected individuals in custody to electric shock, waterboarding, beatings, rape, forced sterilization, forced prostitution, stress positions, forced administration of unknown medication, and cold cells (see section 6, Members of National/Racial/Ethnic Minorities).

There was no direct evidence of an involuntary or prisoner-based organ transplant system; however, activists and some organizations continued to accuse the government of forcibly harvesting organs from prisoners of conscience, including religious and spiritual adherents such as Falun Gong practitioners and Muslim detainees in Xinjiang. An NGO research report noted that public security and other authorities in Xinjiang have collected biometric data–including DNA, fingerprints, iris scans, and blood types–of all Xinjiang residents between 12 and 65 years of age, which the report said could indicate evidence of illicit organ trafficking. Some Xinjiang internment camp survivors reported that they were subjected to coerced comprehensive health screenings including blood and DNA testing upon entering the internment camps. There were also reports from former detainees that authorities forced Uyghur detainees to undergo medical examinations of thoracic and abdominal organs. The government continues to claim that it had ended the long-standing practice of harvesting the organs of executed prisoners for use in transplants in 2015.

The treatment and abuse of detainees under the liuzhi detention system, which operates outside the judicial system as a legal tool for the government and CCP to investigate corruption, featured custodial treatment such as extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days, according to press reports (see section 4).

The law states psychiatric treatment and hospitalization should be “on a voluntary basis,” but the law also allows authorities and family members to commit persons to psychiatric facilities against their will and fails to provide meaningful legal protections for persons sent to psychiatric facilities. The law does not provide for the right to a lawyer and restricts a person’s right to communicate with those outside the psychiatric institution.

Impunity was a significant problem in the security forces, including the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, which manages the prison system.

Prison and Detention Center Conditions

Conditions in penal institutions for both political prisoners and criminal offenders were generally harsh and often life threatening or degrading.

Physical Conditions: Authorities regularly held prisoners and detainees in overcrowded conditions with poor sanitation. Food often was inadequate and of poor quality, and many detainees relied on supplemental food, medicines, and warm clothing provided by relatives when allowed to receive them. Prisoners often reported sleeping on the floor because there were no beds or bedding. In many cases provisions for sanitation, ventilation, heating, lighting, and access to potable water were inadequate.

The lack of adequate, timely medical care for prisoners remained a serious problem, despite official assurances prisoners have the right to prompt medical treatment. Prison authorities at times withheld medical treatment from political prisoners. Multiple nongovernmental organizations (NGOs) and news agencies reported detainees at “re-education” centers or long-term extrajudicial detention centers became seriously ill or died.

Political prisoners were sometimes held with the general prison population and reported being beaten by other prisoners at the instigation of guards. Some reported being held in the same cells as death row inmates. In some cases authorities did not allow dissidents to receive supplemental food, medicine, and warm clothing from relatives.

Conditions in administrative detention facilities were similar to those in prisons. Deaths from beatings occurred in administrative detention facilities. Detainees reported beatings, sexual assaults, lack of proper food, and limited or no access to medical care.

In Xinjiang authorities expanded existing internment camps for Uyghurs, ethnic Kazakhs, and other Muslims. In some cases authorities used repurposed schools, factories, and prisons to hold detainees. According to Human Rights Watch, these camps focused on “military-style discipline and pervasive political indoctrination of the detainees.” Detainees reported pervasive physical abuse and torture in the camps and overcrowded and unsanitary conditions.

In August, Qelbinur Sedik, a former teacher at a women’s internment camp, reported approximately 10,000 women had their heads shaved and were forced to live in cramped, unsanitary conditions, injected with unknown substances without their permission, and required to take contraceptive pills issued by a birth-control unit. She reported women were raped and sexually abused on a daily basis by camp guards and said there was a torture room in the camp basement.

In October the government charged Yang Hengjun, an Australian author and blogger who encouraged democratic reform in China, with espionage. He was detained in January 2019 then formally arrested in August 2019. In a September message to his family, Yang said he had been interrogated more than 300 times, at all hours of day and night, for four to five hours at a time.

Administration: The law states letters from a prisoner to higher authorities of the prison or to the judicial organs shall be free from examination; it was unclear to what extent the law was implemented. While authorities occasionally investigated credible allegations of inhuman conditions, their results were not documented in a publicly accessible manner. Authorities denied many prisoners and detainees reasonable access to visitors and correspondence with family members. Some family members did not know the whereabouts of their relatives in custody. Authorities also prevented many prisoners and detainees from engaging in religious practices or gaining access to religious materials.

Independent Monitoring: Authorities considered information about prisons and various other types of administrative and extralegal detention facilities to be a state secret, and the government did not permit independent monitoring.

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention remained serious problems. The law grants public security officers broad administrative detention powers and the ability to detain individuals for extended periods without formal arrest or criminal charges. Lawyers, human rights activists, journalists, religious leaders and adherents, and former political prisoners and their family members continued to be targeted for arbitrary detention or arrest.

The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government generally did not observe this requirement.

The National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI; see section 4) official detention system, known as liuzhi, faced allegations of detainee abuse and torture. Liuzhi detainees are held incommunicado and have no recourse to appeal their detention. While detainee abuse is proscribed by the law, the mechanism for detainees to report abuse is unclear.

Although liuzhi operates outside the judicial system, confessions given while in liuzhi were used as evidence in judicial proceedings. According to 2019 press reports and an August 2019 NGO report, liuzhi detainees were subjected to extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days.

There were no statistics available for the number of individuals in the liuzhi detention system nationwide. Several provinces, however, publicized these numbers, including Hubei with 1,095 and Zhejiang with 931 detained, both in 2019. One provincial official head of the liuzhi detention system stated suspects averaged 42.5 days in detention before being transferred into the criminal justice system.

On January 8, Guangzhou police detained Kwok Chun-fung, a Hong Kong student enrolled at the Guangzhou University of Chinese Medicine, on charges of “soliciting prostitution.” The university issued a statement on January 15 stating that Kwok was under suspicion of soliciting prostitution after being caught in a hotel room with a woman and outlined charges on two additional related offenses that allegedly occurred between November and December 2019. Kwok was cofounder of FindCMed, which provided medical help to injured protesters during Hong Kong’s antigovernment protests. A Hong Kong Baptist University instructor and Kwok’s associates said that the CCP habitually used “soliciting prostitution” as a charge to target opponents since police could detain a suspect administratively without court review. Local media and Kwok’s associates implied his detention was the People’s Republic of China (PRC) government’s retaliation against him for his role in the protests.

In September following her diagnosis with terminal lung cancer, authorities allowed Pu Wenqing, mother of Sichuan-based human rights activist Huang Qi, detained since 2016, to speak to her son in a 30-minute video call, the first contact with her son allowed to her after four years of trying. Pu remained under house arrest with no charges filed as of December. She had been disappeared in 2018 after plainclothes security personnel detained her at a Beijing train station. She had petitioned central authorities earlier in 2018 to release her detained son for health reasons and poor treatment within his detention center.

In a related case, Beijing authorities arbitrarily detained Zhang Baocheng, who had assisted and escorted the elderly Pu Wenqing around Beijing in 2018 as she sought to petition central authorities over her son’s detention. In December 2019 Beijing police charged Zhang, a former member of the defunct New Citizens Movement that campaigned for democracy and government transparency, with “picking quarrels, promoting terrorism, extremism, and inciting terrorism.” A Beijing court convicted him of “picking quarrels” and sentenced him in November to three and one-half years in prison, using his posts on Twitter as evidence against him.

In September, Hursan Hassan, an acclaimed Uyghur filmmaker, was sentenced to 15 years on the charge of “separatism.” Hassan had been held since 2018 arbitrarily without any contact with his family.

Following local resistance to a policy announced on August 26 mandating Mandarin be used for some school courses in Inner Mongolia in place of the Mongolian language, several prominent dissidents were either detained or held incommunicado. Ethnic Mongolian writer Hada, who had already served a 15-year jail term for “espionage” and “separatism” and was under house arrest, was incommunicado as of December. His wife and child’s whereabouts were also unknown. Ethnic Mongolian musician Ashidaa, who participated in protests against the new language policy, was also detained, and family members and lawyers were not permitted to visit him.

Arrest Procedures and Treatment of Detainees

Criminal detention beyond 37 days requires approval of a formal arrest by the procuratorate, but in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest. After formally arresting a suspect, public security authorities are authorized to detain a suspect for up to an additional seven months while the case is investigated.

After the completion of an investigation, the procuratorate may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may detain a suspect for an additional 45 days before beginning judicial proceedings. Public security officials sometimes detained persons beyond the period allowed by law, and pretrial detention periods of a year or longer were common.

The law stipulates detainees be allowed to meet with defense counsel before criminal charges are filed. The criminal procedure law requires a court to provide a lawyer to a defendant who has not already retained one; is blind, deaf, mute, or mentally ill; is a minor; or faces a life sentence or the death penalty. This law applies whether or not the defendant is indigent. Courts may also provide lawyers to other criminal defendants who cannot afford them, although courts often did not do so. Lawyers reported significant difficulties meeting their clients in detention centers, especially in cases considered politically sensitive.

Criminal defendants are entitled to apply for bail (also translated as “a guarantor pending trial”) while awaiting trial, but the system did not operate effectively, and authorities released few suspects on bail.

The law requires notification of family members within 24 hours of detention, but authorities often held individuals without providing such notification for significantly longer periods, especially in politically sensitive cases. In some cases notification did not occur. Under a sweeping exception, officials are not required to provide notification if doing so would “hinder the investigation” of a case. The criminal procedure law limits this exception to cases involving state security or terrorism, but public security officials have broad discretion to interpret these provisions.

Under certain circumstances the law allows for residential surveillance in the detainee’s home, rather than detention in a formal facility. With the approval of the next-higher-level authorities, officials also may place a suspect under “residential surveillance at a designated location” for up to six months when they suspect crimes of endangering state security, terrorism, or serious bribery and believe surveillance at the suspect’s home would impede the investigation. Authorities may also prevent defense lawyers from meeting with suspects in these categories of cases. Human rights organizations and detainees reported the practice of residential surveillance at a designated location left detainees at a high risk for torture, since being neither at home nor in a monitored detention facility reduced opportunities for oversight of detainee treatment and mechanisms for appeal.

Authorities used administrative detention to intimidate political and religious advocates and to prevent public demonstrations. Forms of administrative detention included compulsory drug rehabilitation treatment (for drug users), “custody and training” (for minor criminal offenders), and “legal education” centers for political activists and religious adherents, particularly Falun Gong practitioners. The maximum stay in compulsory drug rehabilitation centers is two years, including commonly a six-month stay in a detoxification center. The government maintained similar rehabilitation centers for those charged with prostitution and with soliciting prostitution.

Arbitrary Arrest: Authorities detained or arrested persons on allegations of revealing state secrets, subversion, and other crimes as a means to suppress political dissent and public advocacy. These charges, as well as what constitutes a state secret, remained ill defined, and any piece of information could be retroactively designated a state secret. Authorities also used the vaguely worded charges of “picking quarrels and provoking trouble” broadly against many civil rights advocates. It is unclear what this term means. Authorities also detained citizens and foreigners under broad and ambiguous state secret laws for, among other actions, disclosing information on criminal trials, commercial activity, and government activity. A counterespionage law grants authorities the power to require individuals and organizations to cease any activities deemed a threat to national security. Failure to comply could result in seizure of property and assets.

There were multiple reports authorities arrested or detained lawyers, religious leaders or adherents, petitioners, and other rights advocates for lengthy periods, only to have the charges later dismissed for lack of evidence. Authorities subjected many of these citizens to extralegal house arrest, denial of travel rights, or administrative detention in different types of extralegal detention facilities, including “black jails.” In some cases public security officials put pressure on schools not to allow the children of prominent political detainees to enroll. Conditions faced by those under house arrest varied but sometimes included isolation in their homes under guard by security agents. Security officials were frequently stationed inside the homes. Authorities placed many citizens under house arrest during sensitive times, such as during the visits of senior foreign government officials, annual plenary sessions of the National People’s Congress (NPC), the anniversary of the Tiananmen massacre, and sensitive anniversaries in Tibetan areas and Xinjiang. Security agents took some of those not placed under house arrest to remote areas on so-called forced vacations.

In February a Ningbo court sentenced Swedish citizen bookseller and Hong Kong resident Gui Minhai to 10 years’ imprisonment for “providing intelligence overseas;” the court said Gui pled guilty. Gui went missing from Thailand in 2015, was released by Chinese authorities in 2017, and was detained again in 2018 while traveling on a train to Beijing, initially for charges related to “illegal business operations.” The Ningbo court said that Gui’s PRC citizenship had been reinstated in 2018 after he allegedly applied to regain PRC nationality.

In May, Nanning authorities tried Qin Yongpei behind closed doors, not allowing his lawyer to attend; as of December there was no update on the trial’s outcome. Qin was detained in October 2019 then formally arrested on charges of “inciting subversion of state power.” He remained in Nanning No. 1 Detention Center. His lawyer, who was not allowed to see Qin until shortly before the trial, said Qin had suffered poor conditions in detention–no bed, insufficient food, sleep deprivation, and extreme indoor heat and humidity in the summers. Authorities continued to block Qin’s wife from communicating or visiting him in prison while local police intimidated their daughters. Qin had worked on several human rights cases, including those of “709” lawyers (the nationwide government crackdown on human rights lawyers and other rights advocates that began on July 9, 2015) and Falun Gong practitioners, assisted many indigent and vulnerable persons, and publicized misconduct by high-level government and CCP officials. He was disbarred in 2018 after having practiced law since the mid-1990s. After being disbarred, Qin founded the China Lawyers’ Club to employ disbarred lawyers.

Pretrial Detention: Pretrial detention could last longer than one year. Defendants in “sensitive cases” reported being subjected to prolonged pretrial detention. From 2015 to 2018, authorities held many of the “709” detainees and their defense attorneys in pretrial detention for more than a year without access to their families or their lawyers. Statistics were not published or made publicly available, but lengthy pretrial detentions were especially common in cases of political prisoners.

At year’s end Beijing-based lawyer Li Yuhan, who defended human rights lawyers during the “709” crackdown, remained in detention at the Shenyang Detention Center; she has been held since 2017 and charged with “picking quarrels and provoking trouble.” Due to her poor health, Li’s attorney submitted multiple requests to Shenyang authorities to release her on medical parole, but each time her request was denied without reason or hearing. Following a January 8 meeting, Li’s lawyer said she was suffering from various medical conditions and applied for bail, but the court rejected her application. Since their January 8 meeting, authorities blocked the lawyer’s access to Li citing COVID-19 concerns. Li’s trial was postponed repeatedly.

On August 14, the Shenyang Tiexi District Court sentenced human rights advocate Lin Mingjie to a total of five years and six months in prison and a 20,000 renminbi (almost $3,000); an appeal was pending at year’s end. Lin had been detained in 2016 for assembling a group of demonstrators in front of the Ministry of Public Security in Beijing to protest Shenyang Public Security Bureau Director Xu Wenyou’s abuse of power. In 2018 Lin was sentenced to two years and six months in prison, including time served, and was reportedly released in April 2019, although his attorney had neither heard from him nor knew his whereabouts. In September 2019 police reportedly detained Lin again for “picking quarrels and provoking disturbance.” Police also detained Lin Mingjie’s brother, Lin Minghua, for “provoking disturbance” in 2016. The Tiexi District Court sentenced Lin Minghua to three years in prison. The authorities did not disclose the details of the case, including the types of “disturbance” of which the two brothers were accused.

e. Denial of Fair Public Trial

Although the law states the courts shall exercise judicial power independently, without interference from administrative organs, social organizations, and individuals, the judiciary did not exercise judicial power independently. Judges regularly received political guidance on pending cases, including instructions on how to rule, from both the government and the CCP, particularly in politically sensitive cases. The CCP Central Political and Legal Affairs Commission have the authority to review and direct court operations at all levels of the judiciary. All judicial and procuratorate appointments require approval by the CCP Organization Department.

Corruption often influenced court decisions, since safeguards against judicial corruption were vague and poorly enforced. Local governments appointed and paid local court judges and, as a result, often exerted influence over the rulings of those judges.

A CCP-controlled committee decided most major cases, and the duty of trial and appellate court judges was to craft a legal justification for the committee’s decision.

Courts are not authorized to rule on the constitutionality of legislation. The law permits organizations or individuals to question the constitutionality of laws and regulations, but a constitutional challenge may be directed only to the promulgating legislative body. Lawyers had little or no opportunity to rely on constitutional claims in litigation.

Media sources indicated public security authorities used televised confessions of lawyers, foreign and domestic bloggers, journalists, and business executives in an attempt to establish guilt before their criminal trial proceedings began. In some cases these confessions were likely a precondition for release. NGOs asserted such statements were likely coerced, perhaps by torture, and some detainees who confessed recanted upon release and confirmed their confessions had been coerced. No provision in the law allows the pretrial broadcast of confessions by criminal suspects.

In July the United Kingdom broadcasting regulator found in its formal investigation that China Global Television Network, the international news channel of China Central Television, broadcast in 2013 and 2014 a confession forced from a British private investigator imprisoned in China. China Global Television Network faced potential statutory sanctions in the United Kingdom. “Judicial independence” remained one of the subjects the CCP reportedly ordered university professors not to discuss (see section 2.a., Academic Freedom and Cultural Events).

“Judicial independence” remained one of the subjects the CCP reportedly ordered university professors not to discuss (see section 2.a., Academic Freedom and Cultural Events).

Trial Procedures

Although the law reaffirms the presumption of innocence, the criminal justice system remained biased toward a presumption of guilt, especially in high-profile or politically sensitive cases.

Courts often punished defendants who refused to acknowledge guilt with harsher sentences than those who confessed. The appeals process rarely reversed convictions, and it failed to provide sufficient avenues for review; remedies for violations of defendants’ rights were inadequate.

Regulations of the Supreme People’s Court require trials to be open to the public, with the exception of cases involving state secrets, privacy issues, minors, or on the application of a party to the proceedings, commercial secrets. Authorities used the state secrets provision to keep politically sensitive proceedings closed to the public, sometimes even to family members, and to withhold a defendant’s access to defense counsel. Court regulations state foreigners with valid identification should be allowed to observe trials under the same criteria as citizens, but in practice foreigners were permitted to attend court proceedings only by invitation. As in past years, authorities barred foreign diplomats and journalists from attending several trials. In some instances authorities reclassified trials as “state secrets” cases or otherwise closed them to the public.

Regulations require the release of court judgments online and stipulate court officials should release judgments, with the exception of those involving state secrets and juvenile suspects, within seven days of their adoption. Courts did not post all judgments. They had wide discretion not to post if they found posting the judgment could be considered “inappropriate.” Many political cases did not have judgments posted.

Individuals facing administrative detention do not have the right to seek legal counsel. Criminal defendants are eligible for legal assistance, but the vast majority of criminal defendants went to trial without a lawyer.

Lawyers are required to be members of the CCP-controlled All China Lawyers Association, and the Ministry of Justice requires all lawyers to pledge their loyalty to the leadership of the CCP upon issuance or annual renewal of their license to practice law. The CCP continued to require law firms with three or more party members to form a CCP unit within the firm.

Despite the government’s stated efforts to improve lawyers’ access to their clients, in 2017 the head of the All China Lawyers Association told China Youth Daily that defense attorneys had taken part in less than 30 percent of criminal cases. In particular, human rights lawyers reported authorities did not permit them to defend certain clients or threatened them with punishment if they chose to do so. Some lawyers declined to represent defendants in politically sensitive cases, and such defendants frequently found it difficult to find an attorney. In some instances authorities prevented defendant-selected attorneys from taking the case and instead appointed their own attorney.

The government suspended or revoked the business licenses or law licenses of some lawyers who took on sensitive cases, such as defending prodemocracy dissidents, house-church activists, Falun Gong practitioners, or government critics. Authorities used the annual licensing review process administered by the All China Lawyers Association to withhold or delay the renewal of professional lawyers’ licenses. In August the Hunan provincial justice department revoked the license for human rights lawyer Xie Yang for his 2017 conviction for “inciting subversion of state power.” Xie said the revocation did not follow proper administrative processes and the complaint against was without proper merits. Xie was a “709” detainee and restarted his law practice soon after his release from prison in 2017.

Other government tactics to intimidate or otherwise pressure human rights lawyers included unlawful detention, vague “investigations” of legal offices, disbarment, harassment and physical intimidation, and denial of access to evidence and to clients.

The law governing the legal profession criminalizes attorneys’ actions that “insult, defame, or threaten judicial officers,” “do not heed the court’s admonition,” or “severely disrupt courtroom order.” The law also criminalizes disclosing client or case information to media outlets or using protests, media, or other means to influence court decisions. Violators face fines and up to three years in prison.

Regulations also state detention center officials should either allow defense attorneys to meet suspects or defendants or explain why the meeting cannot be arranged at that time. The regulations specify that a meeting should be arranged within 48 hours. Procuratorates and courts should allow defense attorneys to access and read case files within three working days. The time and frequency of opportunities available for defense attorneys to read case files shall not be limited, according to the guidelines. In some sensitive cases, lawyers had no pretrial access to their clients and limited time to review evidence, and defendants and lawyers were not allowed to communicate with one another during trials. In contravention of the law, criminal defendants frequently were not assigned an attorney until a case was brought to court. The law stipulates the spoken and written language of criminal proceedings shall be conducted in the language common to the specific locality, with government interpreters providing language services for defendants not proficient in the local language. Observers noted trials were predominantly conducted in Mandarin Chinese, even in non-Mandarin-speaking areas, with interpreters provided for defendants who did not speak the language.

Mechanisms allowing defendants to confront their accusers were inadequate. Only a small percentage of trials reportedly involved witnesses. Judges retained significant discretion over whether live witness testimony was required or even allowed. In most criminal trials, prosecutors read witness statements, which neither the defendants nor their lawyers had an opportunity to rebut through cross-examination. Although the law states pretrial witness statements cannot serve as the sole basis for conviction, prosecutors relied heavily on such statements. Defense attorneys had no authority to compel witnesses to testify or to mandate discovery, although they could apply for access to government-held evidence relevant to their case.

In May labor activists Wu Guijun, Zhang Zhiru, He Yuancheng, Jian Hui, and Song Jiahui were released after being sentenced to suspended jail terms of two to four years in a closed-door trial. They were detained in January 2019 on the charge of “disrupting social order;” according to media Zhang and Wu were prevented from hiring lawyers.

In September, three public interest lawyers–Cheng Yuan, Liu Yongze, and Wu Gejianxiong, also known as the “Changsha Three”–were tried without notice to family or their lawyers on suspicion of “subversion of state power.” The lawyers worked for Changsha Funeng, an organization that litigated cases to end discrimination against persons with disabilities and carriers of HIV and hepatitis B. Cheng Yuan had also worked on antitorture programs, litigation to end the country’s one-child policy, and reform for household registration laws. The details of the trial and its outcome remained unknown as year’s end.

Political Prisoners and Detainees

Government officials continued to deny holding any political prisoners, asserting persons were detained not for their political or religious views but because they had violated the law. Authorities, however, continued to imprison citizens for reasons related to politics and religion. Human rights organizations estimated tens of thousands of political prisoners remained incarcerated, most in prisons and some in administrative detention. The government did not grant international humanitarian organizations access to political prisoners.

Authorities granted political prisoners early release at lower rates than other prisoners. Thousands of persons were serving sentences for political and religious offenses, including for “endangering state security” and carrying out “cult activities.” The government neither reviewed the cases of those charged before 1997 with counterrevolution and hooliganism nor released persons imprisoned for nonviolent offenses under repealed provisions.

Many political prisoners remained either in prison or under other forms of detention after release at year’s end, including writer Yang Maodong (pen name: Guo Feixiong); Uyghur scholars Ilham Tohti and Rahile Dawut; activists Wang Bingzhang, Chen Jianfang, and Huang Qi; Taiwan prodemocracy activist Lee Ming-Che; pastors Zhang Shaojie and Wang Yi; Falun Gong practitioner Bian Lichao; Catholic Auxiliary Bishop of Shanghai Thaddeus Ma Daqin; rights lawyers Xia Lin, Gao Zhisheng, Xu Zhiyong, and Yu Wensheng; blogger Wu Gan; and Shanghai labor activist Jiang Cunde.

Criminal punishments included “deprivation of political rights” for a fixed period after release from prison, during which an individual could be denied rights of free speech, association, and publication. Former prisoners reported their ability to find employment, travel, obtain residence permits and passports, rent residences, and access social services was severely restricted.

Authorities frequently subjected former political prisoners and their families to surveillance, telephone wiretaps, searches, and other forms of harassment or threats. For example, security personnel followed the family members of detained or imprisoned rights activists to meetings with foreign reporters and diplomats and urged the family members to remain silent about the cases of their relatives. Authorities barred certain members of the rights community from meeting with visiting dignitaries.

Politically Motivated Reprisal against Individuals Located Outside the Country

There were credible reports the government attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. There also were credible reports that for politically motivated purposes, the government attempted to exert bilateral pressure on other countries aimed at having them take adverse action against specific individuals.

Reports continued throughout the year regarding PRC pressure on Xinjiang-based relatives of persons located outside China who spoke publicly about the detentions and abusive policies underway inside Xinjiang. In Kazakhstan media reported that Kazakh authorities temporarily detained Aqiqat Qaliolla and Zhenis Zarqyn for their protests in front of the PRC embassy regarding lost family members in Xinjiang “re-education” camps.

PRC state media also released videos of Xinjiang-based ethnic and religious minorities to discredit their overseas relatives’ accounts to foreign media. The persons in the videos urged their foreign-based family members to stop “spreading rumors” about Xinjiang. The overseas relatives said they had lost communication with their Xinjiang relatives until the videos were released.

In July, the PRC state publication China Daily, which targets foreign audiences, challenged the account of a foreign citizen, Ferkat Jawdat, who was called by his mother in May 2019 after having lost contact with her because she was in an internment camp and urged to stop his activism and media interviews; the article said Ferkat’s mother was “living a normal life in Xinjiang and has regular contact with him.” In July, China Daily also contradicted the 2019 account of another Uyghur individual, Zumrat Dawut, regarding her elderly father’s death, saying he was not detained and interrogated but died in a hospital beside her older brothers and other family members. Relatives of Dawut joined in a video in November 2019 urging her to stop “spreading rumors.” Overseas-based relatives said the PRC government coerced their family members to produce such videos.

In July a Chinese activist living in Australia on a temporary work visa told SBS World News that the government tracked and harassed her and her family in an attempt to silence her. The activist, who goes by Zoo or Dong Wuyuan, ran a Twitter account that made fun of Xi Jinping and previously had organized rallies in memory of Li Wenliang, the doctor who died after being one of the first to warn the world about COVID-19. She reported her parents were taken to a police station in China on a weekly basis to discuss her online activities. A video showed a police officer in the presence of Zoo’s father telling her, “Although you are [in Australia], you are still governed by the law of China, do you understand?”

In September an Inner Mongolian living in Australia on a temporary visa reported receiving a threatening call from Chinese officials stating that he would be removed from Australia if he spoke openly about changes to language policy in China.

Even those not vocal about Xinjiang faced PRC pressure to provide personal information to PRC officials or return to Xinjiang. Yunus Tohti was a student in Egypt when PRC police contacted him through social media, asked when he would return to Xinjiang, and ordered him to provide personal details such as a copy of his passport. Yunus then fled from Egypt to Turkey and later arrived in the Netherlands. Police in Xinjiang called Yunus’ older brother in Turkey, told him they were standing next to his parents, and said he should return to Xinjiang, which he understood to be threat against his parents’ safety. Yunus Tohti subsequently lost contact with his family in Xinjiang and worried that they may have been detained.

Civil Judicial Procedures and Remedies

Courts deciding civil matters faced the same limitations on judicial independence as criminal courts. The law provides administrative and judicial remedies for plaintiffs whose rights or interests government agencies or officials have infringed. The law also allows compensation for wrongful detention, mental trauma, or physical injuries inflicted by detention center or prison officials.

Although historically citizens seldom applied for state compensation because of the high cost of bringing lawsuits, low credibility of courts, and citizens’ general lack of awareness of the law, there were instances of courts overturning wrongful convictions. Official media reported that in October, Jin Zhehong was awarded 4.96 million renminbi ($739,000) in compensation for 23 years spent behind bars following an overturned conviction for intentional homicide. The Jilin High People’s Court in an appeal hearing ruled the evidence was insufficient to prove the initial conviction. Jin had originally applied for more than 22 million renminbi (three million dollars) in total compensation after he was freed.

The law provides for the right of an individual to petition the government for resolution of grievances. Most petitions address grievances regarding land, housing, entitlements, the environment, or corruption, and most petitioners sought to present their complaints at local “letters and visits” offices. The government reported approximately six million petitions were submitted every year; however, persons petitioning the government continued to face restrictions on their rights to assemble and raise grievances.

While the central government prohibits blocking or restricting “normal petitioning” and unlawfully detaining petitioners, official retaliation against petitioners continued. Regulations encourage handling all litigation-related petitions at the local level through local or provincial courts, reinforcing a system of incentives for local officials to prevent petitioners from raising complaints to higher levels. Local officials sent security personnel to Beijing to force petitioners to return to their home provinces to prevent them from filing complaints against local officials with the central government. Such detentions often went unrecorded and often resulted in brief periods of incarceration in extralegal “black jails.”

In September relatives of Guo Hongwei, a resident of Jilin City, visited him in prison and reported that Hongwei was physically abused, poorly fed, and suffering unfair mistreatment by prison authorities. He was first arrested and jailed in 2004 for engaging in an “economic dispute” with the Jilin Electronic Hospital. After his release, Hongwei complained to authorities regarding the “unjust treatment” he suffered from the courts and others involved in his case, and he petitioned officials to expunge his prison records and allow him to return to his previous employment. His father said Hongwei appealed his case for years after being released, but authorities ignored his request and at times violently beat Hongwei in their attempt to stop him from appealing, leaving him physically disabled and unable to walk. Despite severe harassment by Jilin security authorities, Hongwei continued to press his case with help from his mother. In 2015 Siping city police reportedly arrested Hongwei and his mother Yunling for “picking quarrels and provoking trouble” and “blackmailing the government.” Hongwei was sentenced to 13 years and Yunling to six years and four months in prison. After Yunling and Hongwei were imprisoned, Hongwei’s sister and Yunling’s daughter–Guo Hongying–began to appeal their cases to the authorities. After being detained in 2018, in April 2019 Hongying was sentenced to four years in prison for “picking quarrels and provoking trouble” and 18 months for “hindering public affairs.” Yunling was released at the end of 2019; Hongwei and Hongying remained in prison.

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

The law states the “freedom and privacy of correspondence of citizens are protected by law,” but authorities often did not respect the privacy of citizens. On May 28, the government passed a new civil code scheduled to enter into force on January 1, 2021, that introduces articles on the right to privacy and personal information protection. Although the law requires warrants before officers can search premises, officials frequently ignored this requirement. The Public Security Bureau and prosecutors are authorized to issue search warrants on their own authority without judicial review. There continued to be reports of cases of forced entry by police officers.

Authorities monitored telephone calls, text messages, faxes, email, instant messaging, and other digital communications intended to remain private. Authorities also opened and censored domestic and international mail. Security services routinely monitored and entered residences and offices to gain access to computers, telephones, and fax machines. Foreign journalists leaving the country found some of their personal belongings searched. In some cases, when material deemed politically sensitive was uncovered, the journalists had to sign a statement stating they would “voluntarily” leave these documents in the country.

According to Civil Rights and Livelihood Watch, a website focusing on human rights in China, Lin Xiaohua began appealing the case for the bribery conviction of his older brother Lin Xiaonan, the former mayor of Fu’an City, Fujian Province. In June, Xiaohua tried to send petition letters and case files to the Supreme People’s Procuratorate, the Supreme People’s Court, and the National Commission of Supervision-CCP Central Discipline Inspection Commission, but the post office opened all the letters then refused to deliver them. In July the Xiamen Culture and Tourism Administration confiscated the letters and files, stating they were “illegal publications.”

According to Freedom House, rapid advances in surveillance technology–including artificial intelligence, facial recognition, and intrusive surveillance apps–coupled with growing police access to user data helped facilitate the prosecution of prominent dissidents as well as ordinary users. A Carnegie Endowment report in 2019 noted the country was a major worldwide supplier of artificial-intelligence surveillance technology, such as facial recognition systems, smart city/safe city platforms, and smart policing technology.

According to media reports, the Ministry of Public Security used tens of millions of surveillance cameras throughout the country to monitor the general public. Human rights groups stated authorities increasingly relied on the cameras and other forms of surveillance to monitor and intimidate political dissidents, religious leaders and adherents, Tibetans, and Uyghurs. These included facial recognition and “gait recognition” video surveillance, allowing police not only to monitor a situation but also to quickly identify individuals in crowds. December media reports said Chinese technology companies developed artificial intelligence, surveillance, and other technological capabilities to help police identify ethnic minorities, especially Uyghurs. The media sources cited public-facing websites, company documents, and programming language from firms such as Huawei, Megvii, and Hikvision related to their development of a “Uyghur alarm” that could alert police automatically. Huawei denied its products were designed to identify ethnic groups. The monitoring and disruption of telephone and internet communications were particularly widespread in Xinjiang and Tibetan areas. The government installed surveillance cameras in monasteries in the Tibetan Autonomous Region (TAR) and Tibetan areas outside the TAR (see Special Annex, Tibet). The law allows security agencies to cut communication networks during “major security incidents.”

According to Human Rights Watch, the Ministry of State Security partnered with information technology firms to create a “mass automated voice recognition and monitoring system,” similar to ones already in use in Xinjiang and Anhui, to help with solving criminal cases. According to one company involved, the system was programmed to understand Mandarin Chinese and certain minority languages, including Tibetan and Uyghur. In many cases other biometric data such as fingerprints and DNA profiles were being stored as well. This database included information obtained not just from criminals and criminal suspects but also from entire populations of migrant workers and all Uyghurs applying for passports.

Forced relocation because of urban development continued in some locations. Protests over relocation terms or compensation were common, and authorities prosecuted some protest leaders. In rural areas infrastructure and commercial development projects resulted in the forced relocation of thousands of persons.

Property-related disputes between citizens and government authorities sometimes turned violent. These disputes frequently stemmed from local officials’ collusion with property developers to pay little or no compensation to displaced residents, combined with a lack of effective government oversight or media scrutiny of local officials’ involvement in property transactions, as well as a lack of legal remedies or other dispute resolution mechanisms for displaced residents. The problem persisted despite central government claims it had imposed stronger controls over illegal land seizures and taken steps to standardize compensation.

Government authorities also could interfere in families’ living arrangements when a family member was involved in perceived sensitive political activities. In August, Lu Lina, wife of dissident and rights activist Liu Sifang, used Liu’s Twitter account to document how her landlord in Chancheng District, Foshan city, Guangdong Province, under an order from local police, asked her to move out of the apartment. Approximately 10 days prior, her child had been expelled from school. Liu Sifang joined the “Xiamen meeting” at the end of 2019 with other citizen activists and organizers. In January police arrested many of the individuals who attended that meeting. Liu was abroad at year’s end.

The government at various levels and jurisdictions continued to implement two distinct types of social credit systems. The first, the corporate social credit system, is intended to track and prevent corporate malfeasance. The second, the personal social credit system, is implemented differently depending on geographic location. Although often generically referred to as the country’s “social credit system,” these two systems collect vast amounts of data from companies and individuals in an effort to address deficiencies in “social trust,” strengthen access to financial credit instruments, and reduce corruption. As such, the social credit system often collected information on academic records, traffic violations, social media presence, friendships, adherence to birth control regulations, employment performance, consumption habits, and other topics.

Although the government’s goal is to create a unified government social credit system, there continued to be dozens of disparate social credit systems, operated distinctly at the local, provincial, and the national government levels, as well as separate “private” social credit systems operated by several technology companies. For example, there were reports in which individuals were not allowed to ride public transportation for periods of time because they allegedly had not paid for train tickets.

Industry and business experts commented that in its present state, the social credit system was not used to target companies or individuals for their political or religious beliefs, noting the country already possessed other tools outside of the social credit system to target companies and individuals. The collection of vast amounts of personal data combined with the prospect of a future universal and unified social credit system, however, could allow authorities to control further the population’s behaviors.

In a separate use of social media for censorship, human rights activists reported authorities questioned them about their participation in human rights-related chat groups, including on WeChat and WhatsApp. Authorities monitored the groups to identify activists, which led to users’ increased self-censorship on WeChat as well as several separate arrests of chat group administrators.

The government continued to use the “double-linked household” system in Xinjiang developed through many years of use in Tibet. This system divides towns and neighborhoods into units of 10 households each, with the households in each unit instructed to watch over each other and report on “security issues” and poverty problems to the government, thus turning average citizens into informers. In Xinjiang the government also continued to require Uyghur families to accept government “home stays,” in which officials or volunteers forcibly lived in Uyghurs’ homes and monitored families’ observance of religion for signs of “extremism.” Those who exhibited behaviors the government considered to be signs of “extremism,” such as praying, possessing religious texts, or abstaining from alcohol or tobacco, could be detained in “re-education camps.”

The government restricted the right to have children (see section 6, Women).

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution states citizens “enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.” Authorities limited and did not respect these rights, however, especially when their exercise conflicted with CCP interests. Authorities continued to impose ever tighter control of all print, broadcast, electronic, and social media and regularly used them to propagate government views and CCP ideology. Authorities censored and manipulated the press, social media, and the internet, particularly around sensitive anniversaries and topics such as public health.

Freedom of Speech: Citizens could discuss some political topics privately and in small groups without official punishment. Authorities, however, routinely took harsh action against citizens who questioned the legitimacy of the CCP or criticized President Xi’s leadership. Some independent think tanks, study groups, and seminars reported pressure to cancel sessions on sensitive topics. Many others confirmed authorities regularly warned them against meeting with foreign reporters or diplomats, and to avoid participating in diplomatic receptions or public programs organized by foreign entities.

Those who made politically sensitive comments in public speeches, academic discussions, or remarks to media, or posted sensitive comments online, remained subject to punitive measures, as did members of their family. In addition an increase in electronic surveillance in public spaces, coupled with the movement of many citizens’ routine interactions to the digital space, signified the government was monitoring an increasing percentage of daily life. Conversations in groups or peer-to-peer on social media platforms and via messaging applications were subject to censorship, monitoring, and action from the authorities. An increasing threat of peer-to-peer observation and possible referral to authorities further eroded freedom of speech.

In January the China Independent Film Festival, established in Nanjing in 2003, abruptly suspended operations, citing challenges to its editorial independence. Over its history the festival shared documentaries that addressed topics the authorities considered politically sensitive, including the forced relocation of local communities for largescale development projects.

In April authorities sentenced Chen Jieren, an anticorruption blogger, to 15 years in prison for “picking quarrels and provoking trouble,” extortion, blackmail, and bribery. Chen, a former state media journalist, was detained in 2018 after he accused several Hunan party officials of corruption in his personal blog.

On September 22, a Beijing court sentenced outspoken CCP critic Ren Zhiqiang to 18 years’ imprisonment and a fine of more than four million renminbi ($600,000) for his convictions on multiple charges including corruption, bribery, embezzlement of funds, and abuse of power by a state-owned enterprise official. In February, Ren published an essay online criticizing the CCP’s COVID-19 response. While not mentioning President Xi by name, Ren wrote that he saw “a clown stripped naked who insisted on continuing being called emperor.” Ren was detained in March. His case was largely viewed not as a corruption case, but as a crackdown for his critical public comments against Xi.

Authorities arrested or detained countless citizens for “spreading fake news,” “illegal information dissemination,” or “spreading rumors online.” These claims ranged from sharing political views or promoting religious extremism to sharing factual reports on public health concerns, including COVID-19. From January 1 to March 26 alone, NGO China Human Rights Defenders documented 897 cases of Chinese internet users targeted by police for their information sharing or online comments related to COVID-19. Based on research conducted by China Digital Times, during the same period authorities charged 484 persons with criminal acts for making public comments about the COVID-19 crisis.

This trend remained particularly apparent in Xinjiang, where the government imposed a multifaceted system of physical and cyber controls to stop individuals from expressing themselves or practicing their religion or traditional beliefs. Beyond the region’s expansive system of internment camps, the government and the CCP implemented a system to limit in-person and online speech. In Xinjiang police regularly stopped Muslims and members of non-Han ethnic minorities and demanded to review their cell phones for any evidence of communication deemed inappropriate.

During the year the government significantly extended the automation of this system, using phone apps, cameras, and other electronics to monitor all speech and movement. Authorities in Xinjiang built a comprehensive database that tracked the movements, mobile app usage, and even electricity and gasoline consumption of inhabitants in the region.

The government also sought to limit criticism of their Xinjiang policies even outside the country, disrupting academic discussions and intimidating human rights advocates across the world. Government officials in Xinjiang detained the relatives of several overseas activists.

Numerous ethnic Uyghurs and Kazakhs living overseas were intimidated into silence by government officials making threats against members of their family who lived in China, threats sometimes delivered in China to the relatives, and sometimes delivered by Chinese government officials in the foreign country.

The government increasingly moved to restrict the expression of views it found objectionable even when those expressions occurred abroad. Online the government expanded attempts to control the global dissemination of information while also exporting its methods of electronic information control to other nations’ governments. During the year there was a rise in reports of journalists in foreign countries and ethnic Chinese living abroad experiencing harassment by Chinese government agents due to their criticisms of PRC politics. This included criticisms posted on platforms such as Twitter that were blocked within China.

The government sought to limit freedom of speech in online gaming platforms. The popular Chinese-made online game Genshin Impact censored the words “Taiwan” and “Hong Kong” among others in its in-game chat program. Users noted the program’s censorship covered all users, regardless of the country of citizenship or where the game was being played.

Freedom of Press and Media, Including Online Media: The CCP and government continued to maintain ultimate authority over all published, online, and broadcast material. Officially only state-run media outlets have government approval to cover CCP leaders or other topics deemed “sensitive.” While it did not dictate all content to be published or broadcast, the CCP and the government had unchecked authority to mandate if, when, and how particular issues were reported or to order they not be reported at all. The government’s propaganda department issued daily guidance on what topics should be promoted in all media outlets and how those topics should be covered. Chinese reporters working for private media companies confirmed increased pressure to conform to government requirements on story selection and content.

The Cyberspace Administration of China (CAC) directly manages internet content, including online news media, and promotes CCP propaganda. One of the CCP propaganda department deputy ministers ran the organization’s day-to-day operations. It enjoyed broad authority in regulating online media practices and played a large role in regulating and shaping information dissemination online.

The CCP continued to monitor and control the use of non-Mandarin languages in all media within the country. In April live streamers working in the southern part of the country accused Douyin, the Chinese version of TikTok, of suspending users who spoke Cantonese on its livestreaming platform. One user who regularly used Cantonese in his livestream programs said he had received three short suspensions for “using language that cannot be recognized.” He noted the app included automatic guidelines prompting users to speak Mandarin “as much as possible.”

All books and magazines continued to require state-issued publication numbers, which were expensive and often difficult to obtain. As in the past, nearly all print and broadcast media as well as book publishers were affiliated with the CCP or the government. There were a small number of print publications with some private ownership interest but no privately owned television or radio stations. The CCP directed the domestic media to refrain from reporting on certain subjects, and traditional broadcast programming required government approval.

Journalists operated in an environment tightly controlled by the government. Only journalists with official government accreditation were allowed to publish news in print or online. The CCP constantly monitored all forms of journalist output, including printed news, television reporting, and online news, including livestreaming. Journalists and editors self-censored to stay within the lines dictated by the CCP, and they faced increasingly serious penalties for crossing those lines, which could be opaque. While the country’s increasingly internet-literate population demanded interesting stories told with the latest technologies, government authorities asserted control over technologies such as livestreaming and continued to pressure on digital outlets and social media platforms.

Because the CCP does not consider internet news companies “official” media, they are subject to debilitating regulations and barred from reporting on potentially “sensitive” stories.

Wei Zhili, editor of the citizen media magazine New Generation and a labor rights activist, and his colleague Ke Chengbing remained in detention on charges of “picking quarrels.” Detained in March 2019, as of March 19, Wei had not been allowed to meet with his lawyer. An NGO reported that authorities installed surveillance cameras at the home of Wei’s wife, Zheng Churan.

In June after two years in custody, Chongqing entrepreneur Li Huaiqing went on trial for “inciting subversion of state power;” a verdict had not been announced by year’s end.

Violence and Harassment: The government frequently impeded the work of the press, including citizen journalists. Journalists reported being subjected to physical attack, harassment, monitoring, and intimidation when reporting on sensitive topics. Government officials used criminal prosecution, civil lawsuits, and other punishment, including violence, detention, and other forms of harassment, to intimidate authors and journalists and to prevent the dissemination of unsanctioned information on a wide range of topics.

Family members of journalists based overseas also faced harassment, and in some cases detention, as retaliation for the reporting of their relatives abroad. Dozens of Uyghur relatives of U.S.-based journalists working for Radio Free Asia’s Uyghur Service remained disappeared or arbitrarily detained in Xinjiang.

Restrictions on domestic and foreign journalists by central and local CCP propaganda departments increased significantly.

Journalists faced the threat of demotion or dismissal for publishing views that challenged the government. In many cases potential sources refused to meet with journalists due to actual or feared government pressure. During the year the scope of censorship expanded significantly with several Chinese journalists noting “an atmosphere of debilitating paranoia.” For example, long-standing journalist contacts declined off-the-record conversations, even about nonsensitive topics. In one case, a reporter noted a fear of talking to foreign journalists and said that journalists and editors were even frightened to talk to one another. During the year authorities imprisoned numerous journalists working in traditional and new media. The government also silenced numerous independent journalists by quarantining them under the guise of pandemic response.

In December, Bloomberg reporter Haze Fan was arrested at her apartment complex on suspicion of “endangering national security.” Details surrounding the reasons for her arrest were unclear at year’s end.

In June, Lu Yuyu, founder of the blog Not News, was released from prison after four years following a 2017 conviction for “picking quarrels and provoking trouble,” an ill-defined offense regularly used to target journalists. According to testimony he provided the Committee to Protect Journalists, Lu was seriously beaten twice while incarcerated. Lu said that while in the Dali City detention center he was regularly taken to a special interrogation room, tied to a tiger chair to immobilize his arms and legs, and then shown videos of other persons’ confessions. On one occasion he said he was placed in shackles and handcuffs and then beaten in his cell by at least two guards.

The Foreign Correspondents’ Club of China’s annual report on media freedoms found 82 percent of surveyed correspondents said they experienced interference, harassment, or violence while reporting; 70 percent reported the cancellation or withdrawal of interviews, which they knew or believed to be due to actions taken by the authorities; 25 percent were aware of sources being harassed, detained, called in for questioning, or otherwise suffering negative consequences for interacting with a foreign journalist; and 51 percent said they were obstructed at least once by police or other officials.

In February authorities expelled three Wall Street Journal reporters. In March the government designated the Washington Post, the Wall Street Journal, and Voice of America as foreign missions, forcing all three to report details to the government about their staffing, finances, and operations within the country. The Foreign Correspondents’ Club described the use of press accreditation as the most brazen attempt in the post-Mao era to influence foreign news organizations and to punish those whose work the government deems unacceptable.

Authorities used the visa renewal process to challenge journalists and force additional foreign reporters out of the country. In May officials refused to renew a work permit for a New York Times correspondent, who was then forced to leave the country. In September a Washington Post correspondent departed voluntarily, but authorities declined to issue a new work permit for her successor, leaving the Post without a single reporter in the country.

In late August, Chinese authorities stopped renewing press credentials for journalists regardless of nationality working at U.S. news organizations. The Ministry of Foreign Affairs instead issued letters in lieu of press cards that it warned could be revoked at any time.

Local employees working for foreign press outlets reported increased harassment and intimidation, in addition to authorities’ continued tight enforcement of restrictions on these employees. Foreign news bureaus are prohibited by law from directly hiring Chinese citizens as employees and must rely on personnel hired by the Personnel Service Corporation, affiliated with the Ministry of Foreign Affairs. The code of conduct threatens dismissal and loss of accreditation for those citizen employees who engage in independent reporting. It instructs them to provide their employers information that projects “a good image of the country.” Previously, media outlets reported they were able to hire local staff but had to clear them with government officials. More recently, they said, all hiring must be preapproved and new staff were wary of taking on responsibilities that might be considered politically sensitive, limiting their portfolios and contributions.

In March the Beijing Personnel Service Corporation for Diplomatic Missions ordered the dismissal of at least seven Chinese nationals who worked at U.S. news organizations in Beijing.

According to a foreign reporter, one of his drivers was briefly separated from his car and authorities planted a listening device in his clothing and ordered him to monitor the reporter’s conversations during a trip to Inner Mongolia. On a reporting trip to Inner Mongolia, a different foreign reporter was detained for more than four hours. During the reporter’s detention, one officer grabbed her by the throat with both hands and pushed her into a cell even after she identified herself as an accredited journalist.

Government harassment of foreign journalists was particularly aggressive in Xinjiang. According to the 2019 Foreign Correspondents’ Club report, 94 percent of reporters who traveled to Xinjiang were prevented from accessing locations. Reporters documented cases of staged traffic accidents, road blockages, hotel closures, and cyberattacks. Nearly all foreign journalists reported constant surveillance while they worked in Xinjiang, with government agents stepping in to block access to some areas, intimidating local inhabitants so they would not talk to the journalists, and stopping the journalists–sometimes many times per day–to seize their cameras and force them to erase pictures. Reporters noted local contacts warned them any resident seen talking to foreigners would almost certainly be detained, interrogated, or sent to a “re-education camp.”

Censorship or Content Restrictions: Regulations grant broad authority to the government at all levels to restrict publications based on content, including mandating if, when, and how particular issues are reported.

Official guidelines for domestic journalists were often vague, subject to change at the discretion of propaganda officials, and enforced retroactively. Propaganda authorities forced newspapers and online media providers to fire editors and journalists responsible for articles deemed inconsistent with official policy and suspended or closed publications. Self-censorship remained prevalent among journalists, authors, and editors, particularly with post facto government reviews carrying penalties.

The government sought to exercise complete control over public and private commentary regarding the COVID-19 outbreak, undermining local and international efforts to report on the virus’s spread. COVID-19 information on Chinese social media was closely guarded from the outbreak’s earliest manifestation. Beginning on December 31, 2019, and continuing into 2020, the popular livestreaming and messaging platforms WeChat and YY imposed new censorship protocols, including on words related to the virus causing COVID-19, SARS, and potential disease vectors. On January 2, PRC state media aggressively highlighted the detention of eight doctors in Wuhan who warned about new virus reports via social media in late December, including Dr. Li Wenliang. Li, who later died from the virus, was condemned for “making false statements” on the Internet and was forced to write a self-criticism saying his warnings “had a negative impact.” Top national television news program Xinwen Lianbo reported the detentions while Xinhua published a call from Wuhan police for “all netizens to not fabricate rumors, not spread rumors, not believe rumors.” On January 14, plainclothes police detained journalists trying to report from Wuhan’s Jinyintan Hospital and forced them to delete their television footage and hand in phones and cameras for inspection.

On February 2, government authorities told media outlets not to publish negative coronavirus-related articles. On February 6, the government tightened controls on social media platforms following a Xi Jinping directive to strengthen online media control to maintain social stability. On the same day, citizen journalist and former rights lawyer Chen Qiushi disappeared in Wuhan after posting mobile-phone videos of packed hospitals and distraught families. On February 9, citizen journalist and local businessman Fang Bin disappeared after posting videos from Wuhan that circulated widely on Chinese social media. On February 15, activist Xu Zhiyong was arrested after publishing a February 4 essay calling on Xi Jinping to step down for suppressing information about the virus. On February 16, Tsinghua University professor Xu Zhangrun was placed under house arrest, barred from social media, and cut off from the Internet after publishing an essay declaring, “The coronavirus epidemic has revealed the rotten core of Chinese governance.” On February 26, citizen journalist Li Zehua, who quit his job at state broadcaster CCTV to report independently from Wuhan, was detained. With security officers at his door, Li recorded a video testament to free speech, truth, and the memory of the Tiananmen movement.

In March, Renwu magazine published an interview with a frontline doctor that included allegations the outbreak started in December but that officials warned doctors not to share information about the virus. The story was deleted several hours after it went online.

In April authorities charged three persons with the crime of “picking quarrels and provoking trouble” for their volunteer work with the “Terminus 2049” project, which republishes social media and news reports likely to be censored by the government, including coronavirus outbreak pieces.

Control over public depictions of President Xi increased, with censors aggressively shutting down any depiction that varied from official media storylines. Censors continued to block images of the Winnie the Pooh cartoon character on social media because internet users used the symbol to represent Xi. Social media posts did not allow comments related to Xi Jinping and other prominent Chinese leaders.

Domestic films were subject to government censorship. The CCP issued a series of internal notices calling for films to highlight Chinese culture and values and promote the country’s successful growth. The popular World War Two historical drama The Eight Hundred, released in August, was originally scheduled for release in July 2019 but was abruptly pulled from distribution after censors noted the movie’s heroes rallied around the historically accurate Republic of China flag, which is still in use as the flag of Taiwan. The film was re-edited (and the flag altered) before the August release.

Foreign movies shown in the country were also subject to censorship. In December authorities ordered theaters to stop showing the fantasy action movie Monster Hunter after one day because of a short scene where soldiers made a joke involving the English-language words “knees” and “Chinese.” The movie remained banned even after the German producers apologized and deleted the scene. In September before its release in the country, domestic media outlets were ordered not to cover the new movie Mulan.

Newscasts from overseas news outlets, largely restricted to hotels and foreign residence compounds, were subject to censorship. Individual issues of foreign newspapers and magazines were occasionally banned when they contained articles deemed too sensitive. Articles on sensitive topics were removed from international magazines. Television newscasts were blacked out during segments on sensitive subjects, including for example portions of the U.S. vice-presidential debate when China was a topic of discussion.

Government regulations restrict and limit public access to foreign television shows, which are banned during primetime, and local streamers had to limit the foreign portion of their program libraries to less than 30 percent.

Authorities continued to ban books with content they deemed inconsistent with officially sanctioned views. The law permits only government-approved publishing houses to print books. Newspapers, periodicals, books, audio and video recordings, or electronic publications may not be printed or distributed without the approval of central authorities and relevant provincial publishing authorities. Individuals who attempted to publish without government approval faced imprisonment, fines, confiscation of their books, and other punishment. The CCP also exerted control over the publishing industry by preemptively classifying certain topics as state secrets.

Media reported in May that Chongqing announced a reward of up to 600,000 renminbi ($90,000) for reporting cases concerning imported illegal overseas publications.

Media reported in June that authorities in many rural counties, such as Libo County in Guizhou Province, were cracking down on “politically harmful publications.”

After schools reopened following the COVID-19 outbreak, school libraries in at least 30 provinces and municipalities expunged many titles from their libraries. Government officials ordered school officials to remove books according to a 2019 directive that sought to eliminate any books in school libraries that challenged the “unity of the country, sovereignty or its territory, books that upset society’s order and damage societal stability; books that violate the Party’s guidelines and policies, smear, or defame the Party, the country’s leaders and heroes.”

Authorities often justified restrictions on expression on national security protection grounds. In particular government leaders cited the threat of terrorism to justify restricting freedom of expression by Muslims and other religious minorities. These justifications were a baseline rationale for restrictions on press movements, publications, and other forms of repression of expression.

Internet Freedom

Although the internet was widely available, authorities heavily censored content. During the initial stages of the COVID-19 outbreak in Wuhan, government censors stifled online discussions of the virus. According to Citizen Lab research, between January and May, authorities suppressed more than 2,000 key words related to the pandemic on the messaging platform Wechat, which had an estimated one billion users in the country.

In January and February, authorities censored and otherwise attempted to control online references to Li Wenliang, a local doctor who first raised concerns regarding the outbreak with his colleagues. Li died on February 7, triggering widespread nationwide reactions on social media referring to him as a “whistleblower,” “hero,” and “martyr” for his attempts to warn his colleagues of a “SARS-like virus” as he treated patients in Wuhan. Upon his death, national authorities sent officials from the anticorruption agency National Supervisory Commission to investigate “issues related to Dr. Li Wenliang.” Official media released on March 19 investigation results that acknowledged a police “reprimand letter” issued to Li for his “SARS-related messages in a WeChat group.” The March 19 report called the reprimand letter “inappropriate” while also saying “some hostile forces, aiming to attack the CPC and the Chinese government,” had given Li “untrue” labels.

WeChat similarly blocked private discussions alluding to reports that government officials had allegedly informed foreign governments about the pandemic before they said anything to their own citizens. By March, WeChat began censoring and controlling references to international medical organizations, including the Red Cross and the World Health Organization. During the same period, internet company JOYY Inc.’s video streaming app YY blocked phrases that included any criticism of President Xi or the country’s pandemic response.

On February 3, Xi Jinping told local authorities to ensure the internet is “always filled with positive energy” as part of epidemic prevention efforts. Local authorities issued complementary directives warning citizens not to post information that ran counter to CCP information related to COVID-19 on any social media platforms, including in private messaging groups.

On March 23, Nanjing Normal University’s School of Journalism and Communication published a report estimating more than 40 credible news reports referencing the outbreak published by mainstream Chinese outlets had disappeared since January 23.

Domestic internet authorities led by the Cybersecurity Defense Bureau targeted individuals accused of defaming the government online, whether in public or private messages. Media reports detailed individual cases of police detaining citizens who were identified via search engines. Victims were frequently questioned for hours until they agreed to sign letters admitting their guilt and promising to refrain from “antisocial” behavior. In several cases citizens told reporters that police warned suspects their children could be targeted for their parents’ crimes.

The government continued to employ tens of thousands of individuals at the national, provincial, and local levels to monitor electronic communications and online content. The government reportedly paid personnel to promote official views on various websites and social media and to combat alternative views posted online. Internet companies also independently employed thousands of censors to carry out CCP and government directives on censorship. When government officials criticized or temporarily blocked online platforms due to content, the parent corporations were required to hire additional in-house censors, creating substantial staffing demands well into the thousands and even tens of thousands per company.

The law requires internet platform companies operating in the country to control content on their platforms or face penalties. According to Citizen Lab, China-based users of the WeChat platform are subject to automatic filtering of chat messages and images, limiting their ability to communicate freely.

The Cybersecurity Law allows the government to “monitor, defend, and handle cybersecurity risks and threats originating from within the country or overseas sources,” and it criminalizes using the internet to “create or disseminate false information to disrupt the economic or social order.” The law also codifies the authority of security agencies to cut communication networks across an entire geographic region during “major security incidents,” although the government had previously implemented such measures before the law’s passage.

CAC regulations require websites, mobile apps, forums, blogs, instant communications services, and search engines to ensure news coverage of a political, economic, diplomatic, or commentary nature reflects government positions and priorities. These regulations extend long-standing traditional media controls to new media, including online and social media, to ensure these sources also adhere to CCP directives.

The government expanded its list of foreign websites blocked in the country, which included several thousand individual websites and businesses. Many major international news and information websites were blocked, including the New York Times, Washington Post, Wall Street Journal, the BBC, and the Economist, as well as websites of human rights organizations such as Amnesty International and Human Rights Watch.

Authorities blocked many other websites and applications, including but not limited to Google, Facebook, YouTube, WhatsApp, Twitter, and Wikipedia. Authorities also blocked access to scores of foreign university websites.

Government censors continued to block content from any source that discussed topics deemed sensitive, such as the 2019-20 Hong Kong prodemocracy protests, Taiwan, the Dalai Lama, Tibet, Xinjiang, and the 1989 Tiananmen Square massacre.

The government also significantly increased censorship of business and economic information.

Despite being blocked in China, Twitter was estimated to have millions of users in the country, including government and party officials and prominent journalists and media figures. During the year individuals reported that authorities forced them to give security personnel access to their Twitter accounts, which authorities then used to delete their posts.

Authorities continued to jail numerous internet writers for their peaceful expression of political views. On April 22, prominent blogger Liu Yanli was sentenced to four years in prison by Dongbao District Court in Jingmen City, Hubei Province, on charges of “picking quarrels and provoking troubles.” During her trial the court cited 28 social media posts and articles penned by Liu that criticized past and current Chinese leaders, decried widespread corruption and lack of transparency, demanded protection for military veterans, and called for democratic reform.

Online references to same-sex acts, same-sex relations, and scientifically accurate words for genitalia remained banned based on a 2017 government pronouncement listing same-sex acts or relations as an “abnormal sexual relation” and forbidding its depiction.

While censorship was effective in keeping casual users away from websites hosting content deemed sensitive, many users circumvented online censorship by using various technologies. Information on proxy servers outside the country and software for defeating official censorship were available, although frequently limited by the Great Firewall. Encrypted communication apps such as Telegram and WhatsApp and VPN services were regularly disrupted, especially during “sensitive” times of the year.

The law obliges internet companies to cooperate fully with investigations of suspected leaks of state secrets, stop the transmission of such information once discovered, and report the crime to authorities. This was defined broadly and without clear limits. Furthermore, the companies must comply with authorities’ orders to delete such information from their websites; failure to do so is punishable by relevant departments, such as the Ministry of Public Security and law enforcement authorities.

Academic Freedom and Cultural Events

The government continued to restrict academic and artistic freedom and political and social discourse at colleges, universities, and research institutes. Restrictive Central Propaganda Department regulations and decisions constrained the flow of ideas and persons.

Many intellectuals and scholars exercised self-censorship, anticipating that books or papers on political topics would be deemed too sensitive to be published. Censorship and self-censorship of artistic works was also common, particularly artworks deemed to involve politically sensitive subjects. Authorities scrutinized the content of cultural events and applied pressure to encourage self-censorship of discussions.

The government and the CCP Organization Department continued to control appointments to most leadership positions at universities, including department heads. While CCP membership was not always a requirement to obtain a tenured faculty position, scholars without CCP affiliation often had fewer chances for promotion. Academic subject areas deemed politically sensitive (e.g., civil rights, elite cronyism, and civil society) continued to be off-limits. Some academics self-censored their publications, faced pressure to reach predetermined research results, or were unable to hold conferences with international participants during politically sensitive periods. Foreign academics claimed the government used visa denials, along with blocking access to archives, fieldwork, or interviews, to pressure them to self-censor their work. The use of foreign textbooks in classrooms remained restricted, and domestically produced textbooks continued to be under the editorial control of the CCP.

Undergraduate students, regardless of academic major, must complete political ideology coursework on subjects such as Marxism, Maoism, and Deng Xiaoping thought. The government’s most recent publicly available education planning document, Education Modernization Plan 2035, specifies 10 strategic tasks, the first being to study Xi Jinping thought, implement it throughout the education system, including at primary and secondary education levels, and strengthen political thought education in institutes of higher education. In October the Ministry of Education ordered 37 of the country’s top universities to offer courses about Xi Jinping’s political theories and to require all students to take the courses.

Multiple media reports cited a tightening of ideological controls on university campuses, with professors dismissed for expressing views not in line with CCP thought. In July, Beijing police detained Tsinghua University professor Xu Zhangrun for six days as they investigated him for alleged solicitation of prostitutes in Chengdu in December 2019. Authorities also detained, but did not release, Xu’s publisher Geng Xiaonan and her husband Qin Zhen. Police were investigating Geng for “illegal business operations” ostensibly related to her private publishing business. Observers and Professor Xu’s close associates believed the prostitution charge was fabricated so police could punish him for expressing opinions criticizing the CCP and national leaders. These observers also believed Geng was being punished for publicly supporting Xu after his detention.

In November media reported a growing number of professors being penalized after having been reported by classroom informants for making statements or sharing views perceived as challenging CCP official narratives. For example, a renowned historian was delivering a live-streamed speech at an academic seminar on the rise and fall of the Soviet Union when an hour into the lecture, the feed was suddenly cut due to such a tip, according to the Beijing university that hosted the seminar.

Academics who strayed from official narratives about the COVID-19 pandemic faced increased harassment, censorship, and in some cases interventions by universities and the police. In April, Hubei University investigated a professor for her expression of support for a novelist who documented the government’s lockdown of the city of Wuhan, where the pandemic first erupted. The Free to Think 2020 report released in November by Scholars at Risk noted additional examples, such as the arrest in April of Chen Zhaozhi, a retired University of Science and Technology Beijing professor. Professor Chen commented in an online debate that the coronavirus should be referred to as a “Chinese Communist Party virus” rather than a Chinese virus. According to a media report, in March a primary school teacher in Guiyang, Guizhou Province, was banned from teaching and demoted for making a “wrong” comment on COVID-19 in Wuhan.

Media reports suggested that ideological education was on the rise in primary and secondary schools. In May the Shandong provincial education bureau released a document requiring primary and middle schools to hold Children’s Day activities to instill core socialist values in students and to establish “a sense of honor and mission as communist successors.” On June 1, the Ministry of Education issued the Notice on Studying and Implementing President Xi Jinpings Childrens Day Message to Masses of Children, urging schools to deepen students’ comprehension of “the great significance of Xi Jinping’s message.” In June schools were reportedly required by the Shandong education bureau to establish “ideological control teams” to ensure teachers did not criticize the government or its socialist system and to monitor references to religious beliefs in class.

In August the Inner Mongolia’s Department of Education announced a new program to change the language of instruction in several core elementary and secondary classes from Mongolian to Mandarin. The policy change sparked a regionwide school boycott and protests among those who viewed the program as an attempt at cultural erasure through education policy. By September 17, approximately 90 percent of student boycotters were back in school after local authorities pressured their parents. According to media reports, nine ethnic Mongolians, mostly teachers and students, committed suicide after coming under such pressure. In August the CCP stepped up moves to eliminate the Mongolian language in schools in Inner Mongolia, ordering Mongolian-language primary schools to switch to Chinese-language teaching by the third grade.

During the academic year, schools faced new prohibitions on the use of international curricula. In January the Ministry of Education announced a ban on foreign textbooks and teaching materials in primary and secondary schools. The CCP’s management of teaching materials spanned nearly all levels of education.

Foreign universities establishing joint venture academic programs in the country must establish internal CCP committees and grant decision-making power to CCP officials. Foreign teachers reported being ordered not to discuss sensitive topics in their classrooms.

Authorities on occasion blocked entry into the country of individuals deemed politically sensitive and, in some cases, refused to issue passports to citizens selected for international exchange programs who were considered “politically unreliable,” singling out Tibetans, Uyghurs, and individuals from other minority areas. A number of other foreign government-sponsored exchange selectees who already had passports, including some academics, encountered difficulties gaining approval to travel to participate in their programs. Academics reported having to request permission to travel overseas and, in some cases, said they were limited in the number of foreign trips they could take per year.

The CCP’s reach increasingly extended beyond the country’s physical borders. For example, in response to the Hong Kong national security law passed in July, which allows PRC authorities to prosecute acts deemed to violate Chinese law wherever they occur, U.S. professors and universities proposed allowing potentially vulnerable students to opt out of classroom discussions that China might view as problematic and incorporating warning labels into class materials for similarly sensitive information. Chinese students studying abroad reported self-censoring because they understand they were being watched and reported on to the PRC even in the classroom, and U.S. professors also reported cases of suspected PRC intelligence gathering in their classes. An online PRC government portal that allows informants to report on behavior believed to harm China’s image saw a 40 percent increase in reports since October 2019.

Authorities in Xinjiang continued to disappear or detain Uyghur academics and intellectuals. Some prominent officials and academics were charged with being “two-faced,” a euphemism referring to members of minority groups serving state and party occupations who harbor “separatist” or “antiofficial” tendencies, including disagreeing with official restrictions on minority culture, language, and religion. Those disappeared and believed still to be held in the camps or otherwise detained included Rahile Dawut, an internationally known folklorist; Abdukerim Rahman, literature professor; Azat Sultan, Xinjiang University professor; Gheyretjan Osman, literature professor; Arslan Abdulla, language professor; Abdulqadir Jalaleddin, poet; Yalqun Rozi, writer, and Gulshan Abbas, retired doctor. Feng Siyu, a Han Chinese student of Rahile Dawut, was also detained. Authorities detained former director of the Xinjiang Education Supervision Bureau Satar Sawut and removed Kashgar University president Erkin Omer and vice president Muhter Abdughopur; all remained disappeared as of December. Tashpolat Tiyip, former president of Xinjiang University, remained detained on charges of “separatism;” some human rights groups reported he had been sentenced to death. Economist Ilham Tohti remained in prison, where he was serving a life sentence after his conviction on separatism-related charges in 2014. For the first time since the 1950s, a non-Uyghur was appointed to lead Xinjiang University, the top university in the autonomous region. Some observers expected this development would likely further erode Uyghur autonomy and limit Uyghurs’ academic prospects.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

While the constitution provides for freedom of peaceful assembly, the government severely restricted this right. The law stipulates such activities may not challenge “party leadership” or infringe upon the “interests of the state.” Protests against the political system or national leaders were prohibited. Authorities denied permits and quickly suppressed demonstrations involving expression of dissenting political views. For example, police in Huizhou detained human rights activist Xiao Yuhui who had retweeted a WeChat post calling for individuals to save Hong Kong.

Citizens throughout the country continued to gather publicly to protest evictions, forced relocations, and inadequate compensation, often resulting in conflict with authorities or formal charges. Media reported thousands of protests took place during the year across the country. Although peaceful protests are legal, public security officials rarely granted permits to demonstrate. Despite restrictions many demonstrations occurred, but authorities quickly broke up those motivated by broad political or social grievances, sometimes with excessive force.

Police continued to detain Xu Zhiyong and Ding Jiaxi, who had both been arrested in December 2019 after they met earlier that month in Xiamen, Fujian, to organize civil society and plan nonviolent social movements in the country. They were charged with “incitement to subvert state power” and “subversion of state power;” the latter crime carries a minimum 10-year prison sentence. Authorities continued to deny the families and their lawyers access to Xu and Ding. Some others indirectly connected were detained but ultimately released during the year, such as disbarred human rights lawyer Wen Donghai and activists Zhang Zhongshun, Li Yingjun, and Dai Zhenya. Those who fled the country did not return.

Concerts, sports events, exercise classes, and other meetings of more than 200 persons require approval from public security authorities. Many such events were canceled during the year due to COVID-19 controls.

Freedom of Association

The constitution provides for freedom of association, but the government restricted this right. CCP policy and government regulations require that all professional, social, and economic organizations officially register with and receive approval from the government. These regulations prevented the formation of autonomous political, human rights, religious, spiritual, labor, and other organizations that the government believed might challenge its authority in any area. The government maintained tight controls over civil society organizations and in some cases detained or harassed NGO workers.

The regulatory system for NGOs was highly restrictive, but specific requirements varied depending on whether an organization was foreign or domestic. Domestic NGOs were governed by charity law and a host of related regulations. Domestic NGOs could register in one of three categories: as a social group, a social organization, or a foundation. All domestic NGOs are required to register under the Ministry of Civil Affairs and find an officially sanctioned sponsor to serve as their “professional supervisory unit.” Finding a sponsor was often challenging, since the sponsor could be held civilly or criminally responsible for the NGO’s activities and sponsoring included burdensome reporting requirements. All organizations are also required to report their sources of funding, including foreign funding.

According to a 2016 CCP Central Committee directive, all domestic NGOs were supposed to have a CCP cell by the beginning of the year, although implementation was not consistent. According to authorities, these CCP cells were to “strengthen guidance” of NGOs in areas such as “decision making for important projects, important professional activities, major expenditures and funds, acceptance of large donations, and activities involving foreigners.” Authorities are also to conduct annual “spot checks” to ensure compliance on “ideological political work, party building, financial and personnel management, study sessions, foreign exchange, acceptance of foreign donations and assistance, and conducting activities according to their charter.”

The law requires foreign NGOs to register with the Ministry of Public Security and to find a state-sanctioned sponsor for their operations or for one-time activities. NGOs that fail to comply face possible civil or criminal penalties. The law provides no appeal process for NGOs denied registration, and it stipulates NGOs found to have violated certain provisions could be banned from operating in the country. The law also states domestic groups cooperating with unregistered foreign NGOs will be punished and possibly banned. In November 2019 the Foreign Ministry publicly confirmed for the first time that public security authorities had investigated and penalized a foreign NGO, in this case the New York-based Asia Catalyst, for carrying out unauthorized activities; Asia Catalyst did not undertake any PRC-focused activities during the year.

Some international NGOs reported it was more difficult to work with local partners, including universities, government agencies, and other domestic NGOs, as the NGO law codified the CCP’s perception that foreign NGOs were a “national security” threat. Many government agencies still had no unit responsible for sponsoring foreign NGOs. Professional supervisory units reported they had little understanding of how to implement the law and what authorities would expect of them. The vague definition of an NGO, as well as of what activities constituted “political” and therefore illegal activities, left many business organizations and alumni associations uncertain whether they fell within the purview of the law. The lack of clear communication from the government, coupled with harassment by security authorities, caused some foreign NGOs to suspend or cease operations in the country. As of November 2, approximately 550 foreign NGO representative offices (representing 454 distinct organizations) had registered under the Foreign NGO Management Law, with nearly half of those focusing on industry or trade promotion activities.

According to the Ministry of Civil Affairs, by the end of 2019, there were more than 860,000 registered social organizations, public institutions, and foundations. Many experts believed the actual number of domestic NGOs to be much higher. NGOs existed under a variety of formal and informal guises, including national mass organizations created and funded by the CCP that are organizationally prohibited from exercising any independence, known as government-operated NGOs, or GONGOs.

For donations to a domestic organization from a foreign NGO, foreign NGOs must maintain a representative office in the country to receive funds, or to use the bank account of a domestic NGO when conducting temporary activities. By law foreign NGOs are prohibited from using any other method to send and receive funds, and such funding must be reported to the Ministry of Public Security. Foreign NGOs are prohibited from fundraising and “for-profit activities” under the law.

Although all registered organizations came under some degree of government control, some NGOs, primarily service-oriented GONGOs, were able to operate with less day-to-day scrutiny. Authorities supported the growth of some NGOs that focused on social problems, such as poverty alleviation and disaster relief. Law and regulations explicitly prohibit organizations from conducting political or religious activities, and organizations that refused to comply faced criminal penalties.

Authorities continued to restrict, evict, and investigate local NGOs that received foreign funding and international NGOs that provided assistance to Tibetan communities in the TAR and other Tibetan areas. Almost all were forced to curtail their activities altogether due to travel restrictions, official intimidation of staff members, and the failure of local partners to renew project agreements.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government at times did not respect these rights.

The government increasingly silenced activists by denying them permission to travel, both internationally and domestically, or keeping them under unofficial house arrest.

In-country Movement: Authorities continued to maintain tight restrictions on freedom of movement, particularly to curtail the movement of individuals deemed politically sensitive before key anniversaries, visits by foreign dignitaries, or major political events, as well as to forestall demonstrations. Uyghurs faced draconian restrictions on movement within Xinjiang and outside the region. Although the use of “domestic passports” that called for local official approval before traveling to another area was discontinued in 2016, authorities still made identification checks for individuals entering or leaving cities and on public roads. In Xinjiang security officials operated checkpoints managing entry into public places, including markets and mosques, that required Uyghurs to scan their national identity card, undergo a facial recognition check, and put baggage through airport-style security screening. Such restrictions were not applied to Han Chinese in these areas.

The government operated a national household registration system (hukou) and maintained restrictions on the freedom to change one’s workplace or residence, although many provinces and localities eased restrictions. While many rural residents migrated to the cities, where per capita disposable income was approximately three times the rural per capita income, they often could not change their official residence or workplace within the country. Most cities had annual quotas for the number of new temporary residence permits they could issue, and all workers, including university graduates, had to compete for a limited number of such permits. It was particularly difficult for rural residents to obtain household registration in provincial capitals, but outside those cities many provinces removed or lowered barriers to move from a rural area to an urban one.

The household registration system added to the difficulties faced by rural residents, even after they relocated to urban areas and found employment. According to the Statistical Communique of the Peoples Republic of China on 2019 National Economic and Social Development, published in February by the National Bureau of Statistics of China, 280 million individuals lived outside the jurisdiction of their household registration. Migrant workers and their families faced numerous obstacles with regard to working conditions and labor rights. Many were unable to access public services, such as public education for their children or social insurance, in the cities where they lived and worked because they were not legally registered urban residents.

Under the “staying at prison employment” system applicable to recidivists incarcerated in administrative detention, authorities denied certain persons permission to return to their homes after serving their sentences. Some released or paroled prisoners returned home but did not have freedom of movement.

Foreign Travel: The government permitted emigration and foreign travel for most citizens. Government employees and retirees, especially from the military, faced foreign travel restrictions. The government used exit controls for departing passengers at airports and other border crossings to deny foreign travel to some dissidents and persons employed in government posts. Throughout the year many lawyers, artists, authors, and other activists were at times prevented from exiting the country. Authorities also blocked the travel of some family members of rights activists, including foreign family members.

Border officials and police sometimes cited threats to “national security” as the reason for refusing permission to leave the country, although often authorities provided no reason for such exit bans. Authorities stopped most such persons at the airport at the time of their attempted travel.

Most citizens could obtain passports, although individuals the government deemed potential political threats, including religious leaders, political dissidents, petitioners, as well as their family members and ethnic minorities, routinely reported being refused passports or otherwise being prevented from traveling overseas.

Uyghurs, particularly those residing in Xinjiang, reported great difficulty in getting passport applications approved. They were frequently denied passports to travel abroad, particularly to Saudi Arabia for the Hajj, to other Muslim countries, or to Western countries for academic purposes. Since 2016 authorities ordered Xinjiang residents to turn in their passports or told residents no new passports were available. Foreign national family members of Uyghur activists living overseas were also denied visas to enter the country, in part due to COVID-19 travel restrictions although restrictions predated the pandemic. Because of COVID-19 the government relaxed its efforts to compel Uyghurs studying abroad to return to China. Authorities refused to renew passports for Uyghurs living abroad.

Exile: The law neither provides for a citizen’s right to repatriate nor addresses exile. The government continued to refuse re-entry to numerous citizens considered dissidents, Falun Gong activists, or “troublemakers.” Although in previous years authorities allowed some dissidents living abroad to return, dissidents released on medical parole and allowed to leave the country often were effectively exiled. Because of the COVID-19 pandemic, authorities greatly reduced the total number of travelers who could enter the country, including PRC citizens.

Disbarred lawyers, rights activists, and families of “709” lawyers faced difficulties applying for passports or were barred from leaving the country. For example, disbarred human rights lawyers Wang Yu (also a 709 lawyer) and Tang Jitian remained under exit bans. Family members of some 709 lawyers, such as Li Heping and Wang Quanzhang, had their passport applications denied.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

Although restricting access to border areas, the government regularly cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), which maintained an office in Beijing.

Refoulement: The government continued to consider North Koreans as illegal “economic migrants” rather than refugees or asylum seekers and returned many of them to North Korea without appropriate screening. In North Korea such migrants would face harsh punishments including torture, forced abortions, forced labor, sexual violence, or death. The number of such migrants greatly decreased during the year due to border closures during the COVID-19 pandemic. As of October, PRC authorities held more than 200 defectors because the North Korean government, which had shut its border due to COVID-19, refused to accept them.

North Koreans detained by PRC authorities faced repatriation unless they could pay bribes to secure their release. Family members wanting to prevent forced returns of their North Korean relatives were required to pay fees to Chinese authorities, purportedly to cover expenses incurred while in detention. While detained North Koreans were occasionally released, they were rarely given the necessary permissions for safe passage to a third country.

Access to Asylum: The law does not provide for the granting of refugee or asylum status. The government did not have a system for providing protection to refugees but generally recognized UNHCR-registered refugees in China. Asylum applicants and refugees remained in the country without access to education or social services and were subject to deportation at any time.

North Korean refugees and asylum seekers, particularly young women, were vulnerable to trafficking and forced marriage as a result of their unrecognized status. Authorities continued forcibly to repatriate North Korean refugees and asylum seekers, including trafficking victims, generally deeming them to be illegal economic migrants. The government detained and attempted to deport them to North Korea, where they faced severe punishment or death, including in North Korean forced-labor camps. The government did not provide North Korean trafficking victims with legal alternatives to repatriation.

UNHCR reported that Chinese officials continued to restrict its access to border areas. Authorities sometimes detained and prosecuted citizens who assisted North Korean refugees, as well as those who facilitated illegal border crossings.

Access to Basic Services: Refugees generally did not have access to public health care, public education, or other social services due to lack of legal status.

Durable Solutions: The government largely cooperated with UNHCR when dealing with the local settlement in China of Han Chinese or ethnic minorities from Vietnam and Laos living in the country since the Vietnam War era. The government and UNHCR continued discussions concerning the granting of citizenship to these long-term residents and their children, many of whom were born in China.

g. Stateless Persons

According to international media reports, as many as 30,000 children born to North Korean women in China, most of whom were trafficked and married to Chinese spouses, had not been registered because their North Korean parent was undocumented, leaving the children de facto stateless. These children were denied access to public services, including education and health care, despite provisions in the law that provide citizenship to children with at least one PRC citizen parent. Chinese fathers reportedly sometimes did not register their children to avoid exposing the illegal status of their North Korean partners.

Section 3. Freedom to Participate in the Political Process

The constitution states, “all power in the People’s Republic of China belongs to the people” and the organs through which citizens exercise state power are the NPC and the people’s congresses at provincial, district, and local levels. In practice the CCP dictated the legislative agenda to the NPC. While the law provides for elections of people’s congress delegates at the county level and below, citizens could not freely choose the officials who governed them. The CCP controlled all elections and continued to control appointments to positions of political power. The CCP used various intimidation tactics, including house arrest, to block independent candidates from running in local elections.

In 2018 the NPC removed the two-term limit for the positions of president and vice president, clearing the way for Xi Jinping to remain in office beyond two terms.

Elections and Political Participation

Recent Elections: In 2018 the NPC’s 2,980 delegates elected the president and vice president, the premier and vice premiers, and the chairman of the Central Military Commission. The NPC Standing Committee, which consists of 175 members, oversaw the elections and determined the agenda and procedures for the NPC. The selection of NPC members takes place every five years, and the process is controlled by the CCP.

The NPC Standing Committee remained under the direct authority of the CCP, and all-important legislative decisions required the concurrence of the CCP’s seven-member Politburo Standing Committee. Despite its broad authority under the state constitution, the NPC did not set policy independently or remove political leaders without the CCP’s approval.

According to Ministry of Civil Affairs 2019 statistics, almost all of the country’s more than 600,000 villages had implemented direct elections by ordinary citizens for members of local subgovernmental organizations known as village committees. The direct election of officials remained narrow in scope and strictly confined to the lowest rungs of local governance. Corruption, vote buying, and interference by township-level and CCP officials continued to be problems. The law permits each voter to cast proxy votes for up to three other voters.

Election law governs legislative bodies at all levels, although compliance and enforcement varied across the country. Under the law citizens have the opportunity every five years to vote for local people’s congress representatives at the county level and below, although in most cases higher-level government officials or CCP cadres controlled the nomination of candidates. At higher levels legislators selected people’s congress delegates from among their ranks. For example, provincial-level people’s congresses selected delegates to the NPC. Local CCP secretaries generally served concurrently within the leadership team of the local people’s congress, thus strengthening CCP control over legislatures.

Political Parties and Political Participation: Official statements asserted “the political party system [that] China has adopted is multiparty cooperation and political consultation” under CCP leadership. The CCP, however, retained a monopoly on political power, and the government forbade the creation of new political parties. The government officially recognized nine parties founded prior to 1949, and parties other than the CCP held 30 percent of the seats in the NPC. These non-CCP members did not function as a political opposition. They exercised very little influence on legislation or policymaking and were only allowed to operate under the direction of the CCP United Front Work Department.

No laws or regulations specifically govern the formation of political parties. The China Democracy Party remained banned, and the government continued to monitor, detain, and imprison its current and former members. China Democracy Party founder Qin Yongmin, detained with his wife Zhao Suli in 2015, had been in Hubei’s Qianjiang Prison since 2018 for “subversion of state power.”

Participation of Women and Members of Minority Groups: Women and members of minority groups held few positions of significant influence in the government or CCP structure. Among the 2,987 appointed delegates to the 13th NPC in 2018, 742 (25 percent) were women. Following the 19th Party Congress in 2017, one member of the CCP Central Committee’s 25-member Politburo was a woman. There were no women in the Politburo Standing Committee.

Election law provides a general mandate for quotas for female and ethnic minority representatives, but achieving these quotas often required election authorities to violate the election law.

A total of 438 delegates from 55 ethnic minorities were members of the 13th NPC, accounting for 16 percent of the total number of delegates. All of the country’s officially recognized minority groups were represented. The 19th Party Congress elected 15 members of ethnic minority groups as members of the 202-person Central Committee. There was no ethnic minority member of the Politburo, and only one ethnic minority was serving as a party secretary of a provincial-level jurisdiction, although a handful of ethnic minority members were serving as leaders in provincial governments. An ethnic Mongolian woman, Bu Xiaolin, served as chair of the Inner Mongolia Autonomous Region, equivalent to a provincial governor. An ethnic Hui woman, Xian Hui, served as chair of the Ningxia Hui Autonomous Region. An ethnic Bai woman, Shen Yiqin, served as governor of Guizhou Province.

Section 4. Corruption and Lack of Transparency in Government

Although officials faced criminal penalties for corruption, the government and the CCP did not implement the law consistently or transparently. Corruption remained rampant, and many cases of corruption involved areas heavily regulated by the government, such as land-usage rights, real estate, mining, and infrastructure development, which were susceptible to fraud, bribery, and kickbacks. Court judgments often could not be enforced against powerful special entities, including government departments, state-owned enterprises, military personnel, and some members of the CCP.

Transparency International’s analysis indicated corruption remained a significant problem in the country. There were numerous reports of government corruption–and subsequent trials and sentences–during the year.

Under law the joint National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI) is charged with rooting out corruption, and its investigations may target any public official, including police, judges, and prosecutors; the commission can investigate and detain individuals connected to targeted public officials. The CCDI, the CCP’s internal discipline investigation unit that sits outside of the judicial system, essentially is vested with powers of the state and may conduct investigations against nonparty members. Rules governing NSC-CCDI investigations, operations, and detentions remained unclear.

As of the end of the year, a decision was pending in the appeal of Chen Hongwei, a lawyer in Kangping County in Liaoning Province. Chen sent a letter on May 2018 to the NSC-CCDI reporting that local officials were involved in corruption and violation of rules and laws. Immediately after the letter was sent, Chen reported that his and his family’s mobile phones were monitored and their bank records scrutinized by Kangping authorities. Chen was reportedly detained for approximately 101 days by the Shenyang Supervision Committee, which acted as the local branch of the NSC-CCDI. In December 2019 Chen was fined 800,000 renminbi ($120,000) and sentenced to 15 years in prison by the Liaozhong District Court for alleged corruption, bribery, and fraud, which Chen’s attorney–Zhang Jinwu–claimed as “groundless” accusations.

Corruption: In numerous cases government prosecutors investigated public officials and leaders of state-owned enterprises, who generally held high CCP ranks, for corruption.

While the tightly controlled state media apparatus publicized some notable corruption investigations, in general very few details were made public regarding the process by which CCP and government officials were investigated for corruption. In July the NSC-CCDI published a book for internal circulation detailing the “decadent” and “corrupt” lifestyle of Meng Hongwei, who was serving as the country’s first Interpol president in Lyon, France, while retaining his position as a former PRC Ministry of Public Security vice minister. In January, Meng was convicted of accepting bribes and sentenced to 13.5 years’ imprisonment. He disappeared in 2018 upon arriving in Beijing, taken into custody by “discipline authorities” for suspected corruption.

Financial Disclosure: A regulation requires officials in government agencies or state-owned enterprises at the county level or above to report their ownership of property, including that in their spouses’ or children’s names, as well as their families’ investments in financial assets and enterprises. The regulations do not require declarations be made public. Declarations are submitted to a higher administrative level and a human resource department. Punishments for not declaring information vary from training on the regulations, warning talks, and adjusting one’s work position to being relieved of one’s position. Regulations further state officials should report all income, including allowances, subsidies, and bonuses, as well as income from other jobs. Officials, their spouses, and the children who live with them also are required to report their real estate properties and financial investments, although these reports are not made public. They are required to report whether their children live abroad as well as the work status of their children and grandchildren (including those who live abroad). Officials are required to file reports annually and are required to report changes of personal status within 30 days.

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

The government sought to maintain control over civil society groups, halt the emergence of independent NGOs, and hinder activities of civil society and human rights groups. The government frequently harassed independent domestic NGOs and in many cases did not permit them to openly monitor or comment on human rights conditions. The government made statements expressing suspicion of independent organizations and closely scrutinized NGOs with financial or other links overseas. The government took significant steps during the year to bring all domestic NGOs under its direct regulatory control, thereby curtailing the space for independent NGOs to exist. Most large NGOs were quasi-governmental, and all official NGOs were required to have a government agency sponsor.

The United Nations or Other International Bodies: The government remained reluctant to accept criticism of its human rights record by other nations or international organizations. The government sharply limited the visits of UN experts to the country and rarely provided substantive answers to queries by UN human rights bodies. A dozen requests for visits to the country by UN experts remained outstanding.

The government used its membership on the UN Economic and Social Council’s Committee on NGOs to block groups critical of China from obtaining UN accreditation and barring accredited activists from participating in UN events. The government also retaliated against human rights groups working with the United Nations.

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

Women

Rape and Domestic Violence: Rape of women is illegal and carries a sentence that ranges from three years in prison to death. The law does not safeguard same-sex couples or victims of marital rape. A separate law on sexual assault includes male victims but has a lesser maximum penalty of five years in prison. Of the reported cases, most allegations of rape were closed through private settlement rather than prosecution. Some persons convicted of rape were executed.

Domestic violence remained a significant problem. Some scholars said victims were encouraged to attempt to resolve domestic violence through mediation. Societal sentiment that domestic violence was a personal, private matter contributed to underreporting and inaction by authorities when women faced violence at home. The law defines domestic violence as a civil, rather than a criminal, offense. The web publication Sixth Tone reported in 2019 that 25 percent of families had experienced domestic violence. In July the city of Yiwu, Zhejiang Province, launched an inquiry service where engaged couples can look up whether their prospective partner has a history of violence, “either between family members or during cohabitation;” however, as of the end of August, there were no requests to use this database.

In September internet celebrity Lhamo was burned to death during a livestream broadcast by her former husband, who attacked her and lit her on fire with gasoline. Police detained the former husband, surnamed Tang, but at year’s end no further information was available on their investigation into the case. Observers said her death showed how domestic violence remained a serious and prevalent issue in the country.

The government supported shelters for victims of domestic violence, and some courts provided protections to victims, including through court protective orders prohibiting a perpetrator of domestic violence from coming near a victim. Nonetheless, official assistance did not always reach victims, and public security forces often ignored domestic violence. Legal aid institutions working to provide counseling and defense to victims of domestic violence were often pressured to suspend public activities and cease all forms of policy advocacy, an area that was reserved only for government-sponsored organizations.

According to women’s rights activists, a recurring problem in the prosecution of domestic violence cases was a failure by authorities to collect evidence, including photographs, hospital records, police records, or children’s testimony. Witnesses seldom testified in court.

Courts’ recognition of domestic violence improved, making spousal abuse a mitigating factor in crimes committed in self-defense.

Sexual Harassment: The law prohibits sexual harassment against women. In May the civil code expanded and clarified what conduct can be considered sexual harassment. The law expands the behaviors included in the definition of harassment, eliminates the statute of limitations of minors seeking to sue on sexual harassment grounds, and requires employers to make affirmative efforts to prevent and address sexual harassment in the workplace. It remained difficult for victims to file a sexual harassment complaint and for judges to reach a ruling on such cases. Many women remained unwilling to report incidents of sexual harassment, believing the justice system was ineffectual, according to official media. Several prominent media reports of sexual harassment went viral on social media, helping to raise awareness of the problem, particularly in the workplace.

In July a plaintiff won the country’s first-ever sexual harassment lawsuit, which began in 2018 when a social worker at a Chengdu-based NGO, One Day for Social Service Center, sued her prominent former boss, Liu Meng, for his unwelcome advances. The court, however, neither awarded damages to the plaintiff nor held the NGO accountable. The Ginkgo Foundation, a well known public charity organization, revoked the “Ginkgo Fellow” award it gave to Liu in 2011 in a show of respect for “the plaintiff’s courage and persistence.”

On April 15, a hospital department director in Sichuan was suspended for “inappropriate behavior” after a nurse claimed the director had sexually harassed her. In April a Shanghai-based employee of the German supermarket Aldi sued her supervisor, a foreign national, for repeated sexual harassment.

Human Rights Watch cited one statistic showing nearly 40 percent of women said they experienced sexual harassment in the workplace. Many incidents of workplace sexual harassment, however, were unreported.

The law allows victims to file a sexual harassment complaint with their employer, authorities, or both. Employers who failed to take effective measures to prevent sexual harassment could be fined.

Some women’s NGOs that sought to increase public awareness of sexual harassment reported harassment by public security and faced challenges executing their programs.

Reproductive Rights: In 2016 the government partially liberalized the one-child policy enacted in 1979 and raised the birth limit imposed on the vast majority of its citizens from one to two children per married couple. Prior to this change, only select ethnic minorities and certain qualifying couples could exceed the one-child limit. Outside of Xinjiang, citizens have a varied amount of autonomy with their reproductive health and access to contraception. Birth control information and measures were readily available.

Government targeting of ethnic and religious minorities in the Xinjiang Uyghur Autonomous Region resulted in plummeting birth rates since 2018, following reports of intensified government-enforced, coercive family-planning measures. Most Xinjiang prefectures reported large increases in female sterilizations and implantation of intrauterine devices (IUD), with Hotan Prefecture alone more than doubling its female sterilization numbers from 2017 to 2018, according to the most recent figures available. These numbers existed against a backdrop of widespread reports of coercive population control measures–including forced abortions, forced sterilizations, involuntary IUD insertions, and pregnancy checks–occurring at detention centers in the region and targeting minority groups, primarily Uyghurs and ethnic Kazaks. Parents judged to have exceeded the government limit on the number of children (three or more) risk being sent to detention centers unless they pay exorbitant fines.

Penalties for exceeding the permitted number of children were not enforced uniformly; the mildest penalties ranged from fees or administrative penalties, while the most severe were forced abortions, contraceptives, and sterilizations. The law as implemented requires each woman with an unauthorized pregnancy to abort or pay a “social compensation fee,” which can reach 10 times a person’s annual disposable income. Children born to single mothers or unmarried couples were considered “outside of the policy” and under the law could be subject to the social compensation fee and the denial of legal documents, such as birth documents and the hukou residence permit. In practice, however, local governments rarely enforced these regulations.

There was no government information available on sexual or reproductive health services for survivors of sexual violence.

Coercion in Population Control: Under the two-child policy, the government imposes childbirth restrictions and often coerced women and girls into abortions and sterilizations for exceeding birth quotas. Statistics on the percentage of abortions that were coerced during the year were not released by the government. The CCP restricts the rights of parents to choose the number of children they have and utilizes family planning units from the provincial to the village level to enforce population limits and distributions. The Population and Family Planning Law permits married couples to have two children and allows couples to apply for permission to have a third child if they meet conditions stipulated in local and provincial regulations. Unmarried women are not authorized to have children and have enormous social maintenance fees imposed on them if they give birth.

According to a June 8 report on the governmental Xinjiang Web news site, approximately eight million “extra pregnancies” are aborted in the country every year, although the site did not indicate whether these abortions were voluntary or not. Citizens were subject to hefty fines for violating the law, while couples who had only one child received a certificate entitling them to collect a monthly incentive payment and other benefits that varied by province–from approximately six to 12 renminbi (one to two dollars) per month up to 3,000 renminbi ($450) for farmers and herders in poor areas. Couples in some provinces were required to seek approval and register before a child was conceived. The National Health Commission rejected calls to eliminate legal references to family planning, citing the country’s constitutional provision that “the state promotes family planning so that population growth may fit the plans for economic and social development.”

Starting in 2016, the PRC began relaxing birth control measures for the Han majority. Sterilization procedures plummeted nationwide as the Chinese government began encouraging more births among the Han. At the same time, however, birth control policies directed toward Uyghurs became more stringent. Ethnic and religious minority women were often subject to coercive population control measures. According to a Jamestown Foundation report and other sources that analyzed Chinese government statistics, natural population growth in Uyghur areas had fallen dramatically, with some areas reporting a greater than 80 percent drop in birth rates. Birth rate reduction targets were common in Xinjiang; one area reportedly set a birth rate target of near zero, intending to accomplish this through “family planning work.” Violations could be punished by detention in an internment camp. The government also funded sterilization campaigns targeting Uyghur women; these were reportedly enforced by quarterly “IUD checks” and bimonthly pregnancy tests. There were indications that Uyghur women who had been put in internment camps were injected with drugs that cause a temporary or permanent end to their menstrual cycles and fertility.

Under the law and in practice, there are financial and administrative penalties for births that exceed birth limits or otherwise violate regulations. The law as implemented requires each woman with an unauthorized pregnancy to abort or pay the social compensation fee, which can reach 10 times a person’s annual disposable income. The exact amount of the fee varied widely from province to province. Those with financial means often paid the fee so that their children born in violation of the birth restrictions would have access to a wide array of government-provided social services and rights. Some parents avoided the fee by hiding children born in violation of the law with friends or relatives. Minorities in some provinces were entitled to higher limits on their family size.

The law maintains “citizens have an obligation to practice birth planning in accordance with the law” and also states “couples of child-bearing age shall voluntarily choose birth planning contraceptive and birth control measures to prevent and reduce unwanted pregnancies.”

Since the national family planning law mentions only the rights of married couples, local implementation was inconsistent, and unmarried persons were required to pay for contraception. Although under both civil law and marriage law, the children of single women are entitled to the same rights as those born to married parents, in practice children born to single mothers or unmarried couples were considered “outside of the policy” and subject to the social compensation fee and the denial of legal documents, such as birth documents and the hukou residence permit. Single women could avoid those penalties by marrying within 60 days of the baby’s birth.

As in prior years, population control policy continued to rely on social pressure, education, propaganda, and economic penalties, as well as on measures such as mandatory pregnancy examinations and, less frequently, coerced abortions and sterilizations. Officials at all levels could receive rewards or penalties based on whether or not they met the population targets set by their administrative region. With the higher birth limit, and since many persons wanted to have no more than two children, it was easier to achieve population targets, and the pressure on local officials was considerably less than before. Those found to have a pregnancy in violation of the law or those who helped another to evade state controls could face punitive measures, such as onerous fines or job loss.

Regulations requiring women who violate the family planning policy to terminate their pregnancies still exist and were enforced in some provinces, such as Hubei, Hunan, and Liaoning. Other provinces such as Guizhou and Yunnan maintained provisions that require “remedial measures,” an official euphemism for abortion, to deal with pregnancies that violate the policy.

Although many local governments encouraged couples to have a second child, families with three or more children still must pay a “social compensation fee.” In previous years those who did not pay the fee were added to a “personal credit blacklist,” restricting their ability to request loans, take public transportation, purchase items, educate their children, and join tours. The compensation fees were estimated to be 15 to 30 percent of some local governments’ discretionary spending budgets.

The law mandates family planning bureaus administer pregnancy tests to married women of childbearing age and provide them with basic knowledge of family planning and prenatal services. Some provinces fined women who did not undergo periodic state-mandated pregnancy tests.

Family planning officials face criminal charges and administrative sanctions if they are found to violate citizens’ human or property rights, abuse their power, accept bribes, misappropriate or embezzle family planning funds, or falsely report family planning statistics in the enforcement of birth limitation policy. Forced abortion is not specifically listed as a prohibited activity. By law citizens could submit formal complaints about officials who exceed their authority in implementing birth-planning policy, and complaints are to be investigated and dealt with in a timely manner.

Discrimination: The constitution states “women enjoy equal rights with men in all spheres of life.” The law provides for equality in ownership of property, inheritance rights, access to education, and equal pay for equal work. Nonetheless, women reported discrimination, unfair dismissal, demotion, and wage discrepancies were significant problems.

On average women earned 35 percent less than men who did similar work. This wage gap was greater in rural areas. Women were underrepresented in leadership positions, despite their high rate of participation in the labor force.

Authorities often did not enforce laws protecting the rights of women. According to legal experts, it was difficult to litigate sex discrimination suits because of vague legal definitions. Some observers noted the agencies tasked with protecting women’s rights tended to focus on maternity-related benefits and wrongful termination due to pregnancy or maternity leave rather than on sex discrimination, violence against women, or sexual harassment.

Women’s rights advocates indicated that in rural areas women often forfeited land and property rights to their husbands in divorce proceedings. The May 28 civil code included a provision for a 30-day “cooling off” period in cases of uncontested divorce; some citizens expressed concern this could leave those seeking escape from domestic violence liable to further abuse. Rural contract law and laws protecting women’s rights stipulate women enjoy equal rights in cases of land management, but experts asserted this was rarely the case due to the complexity of the law and difficulties in its implementation.

Children

Birth Registration: Citizenship is derived from parents. Parents must register their children in compliance with the national household registration system within one month of birth. Children born outside of two-child policy quotas often cannot be registered. Unregistered children could not access public services, including education, health care, identity registration, or pension benefits.

Education: Although the law provides for nine years of compulsory education for children, many children in poor rural areas did not attend school for the required period, and some never attended. Public schools were not allowed to charge tuition, but many schools continued to charge miscellaneous fees because they received insufficient local and central government funding. Such fees and other school-related expenses made it difficult for poorer families and some migrant workers to send their children to school. The gap in education quality for rural and urban youth remained extensive, with many children of migrant workers attending unlicensed and poorly equipped schools.

Child Abuse: The physical abuse of children is grounds for criminal prosecution, and the law protects children. Sexual abuse of minors, particularly of rural children, was a significant problem.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 22 for men and 20 for women. Child marriage was not known to be a problem.

Sexual Exploitation of Children: The minimum legal age for consensual sex is 14. Persons who forced girls younger than 14 into prostitution could be sentenced to 10 years to life in prison in addition to a fine or confiscation of property. In especially serious cases, violators could receive a life sentence or death sentence, in addition to having their property confiscated. Those who visited girls forced into prostitution younger than 14 were subject to five years or more in prison in addition to paying a fine.

Pornography of any kind, including child pornography, is illegal. Under the criminal code, those producing, reproducing, publishing, selling, or disseminating obscene materials with the purpose of making a profit could be sentenced to up to three years in prison or put under criminal detention or surveillance in addition to paying a fine. Offenders in serious cases could receive prison sentences of three to 10 years in addition to paying a fine.

According to the law, persons broadcasting or showing obscene materials to minors younger than 18 are to be “severely punished.”

Infanticide or Infanticide of Children with Disabilities: The law forbids infanticide, although NGOs reported that female infanticide due to a traditional preference for sons and coercive birth limitation policies continued. Parents of children with disabilities frequently left infants at hospitals, primarily because of the anticipated cost of medical care. Gender-biased abortions and the abandonment and neglect of baby girls were believed to be in decline but continued to be a problem in some circumstances.

Displaced Children: The detention of an estimated one million or more Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslims in Xinjiang left many children without caregivers. While many of these children had other relatives willing to care for them, the government began placing the children of detainees in orphanages, state-run boarding schools, or “child welfare guidance centers,” where they were forcibly indoctrinated with Communist Party ideology and forced to learn Mandarin Chinese, reject their religious and cultural beliefs, and answer questions about their parents’ religious beliefs and practices. The number of such children was unknown, especially as many of these facilities were also used for orphans and regular students, but one media outlet reported that, based on a 2017 government planning document, at least 500,000 children were separated from their parents and put into these “care” centers. Government policy aims to provide such children with state-sponsored care until they reach age 18. In Hotan some boarding schools were topped with barbed wire.

Institutionalized Children: See “Displaced Children” section above.

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

Anti-Semitism

The government does not recognize Judaism as an ethnicity or religion. The World Jewish Congress estimated the Jewish population at 2,500. There were no reports of anti-Semitic acts during the year.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law protects the rights of persons with disabilities and prohibits discrimination, but in many instances conditions for such persons lagged behind legal requirements, and the government failed to provide persons with disabilities access to programs intended to assist them.

According to the law, persons with disabilities “are entitled to enjoyment of equal rights as other citizens in political, economic, cultural, and social fields, in family life, and in other aspects.” Discrimination against, insult of, and infringement upon persons with disabilities is prohibited. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juveniles.

The Ministry of Education reported there were more than 2,000 separate education schools for children with disabilities, but NGOs reported only 2 percent of the 20 million children with disabilities had access to education that met their needs.

Individuals with disabilities faced difficulties accessing higher education. Universities often excluded candidates with disabilities who would otherwise be qualified. A regulation mandates accommodations for students with disabilities when taking the national university entrance exam.

Unemployment among adults with disabilities, in part due to discrimination, remained a serious problem. The law requires local governments to offer incentives to enterprises that hire persons with disabilities. Regulations in some parts of the country also require employers to pay into a national fund for persons with disabilities when employees with disabilities do not make up a statutory minimum percentage of the total workforce.

Standards adopted for making roads and buildings accessible to persons with disabilities are subject to the Law on the Handicapped, which calls for their “gradual” implementation; compliance was limited.

The law forbids the marriage of persons with certain mental disabilities, such as schizophrenia. If doctors find a couple is at risk of transmitting congenital disabilities to their children, the couple may marry only if they agree to use birth control or undergo sterilization. In some instances officials continued to require couples to abort pregnancies when doctors discovered possible disabilities during prenatal examinations. The law stipulates local governments are to employ such practices to eliminate the births of children with disabilities.

Members of National/Racial/Ethnic Minority Groups

Government policy called for members of recognized minority groups to receive preferential treatment in birth planning, university admission, access to loans, and employment. The substance and implementation of ethnic minority policies nonetheless remained poor, and discrimination against minorities remained widespread. The government “sinicization” campaign resulted in ethnically based restrictions on movement, including curtailed ability to travel freely or obtain travel documents; greater surveillance and presence of armed police in ethnic minority communities; and legislative restrictions on cultural and religious practices.

Despite laws that local languages should be used in schools, government authorities in Inner Mongolia announced on August 26 changes to school instruction that require instructors to use Mandarin to teach Chinese language, history, and politics, replacing the Mongolian language and traditional Mongolian script, which reportedly is used only in Inner Mongolia and is viewed as a key part of Mongolian culture. The PRC implemented similar policies in Xinjiang and Tibet as a means to encourage a “national common language,” but which observers viewed as a means to erode unique languages and cultures. The announcement was followed by protests in several cities in Inner Mongolia, as well as parents pulling their children out of schools. International media sources estimated 8,000-10,000 persons were detained because of the protests.

According to the most recent government census (2015), 9.5 million, or 40 percent, of Xinjiang’s official residents were Han Chinese. Uyghur, Hui, ethnic Kazakh, Kyrgyz, and other ethnic minorities constituted 14.1 million Xinjiang residents, or 60 percent of the total population. Official statistics understated the Han Chinese population because they did not count the more than 2.7 million Han residents on paramilitary compounds (bingtuan) and those who were long-term “temporary workers,” an increase of 1.2 percent over the previous year, according to a 2015 government of Xinjiang report.

The government’s policy to encourage Han Chinese migration into minority areas significantly increased the population of Han in Xinjiang. Han Chinese officials continued to hold the majority of the most powerful CCP and many government positions in minority autonomous regions, particularly Xinjiang. The rapid influx of Han Chinese into Xinjiang in recent decades, combined with the government’s discrimination in employment, cultural marginalization, and religious repression, provoked Uyghur resentment.

In 2017 the Xinjiang government implemented “Deradicalization Regulations,” codifying efforts to “contain and eradicate extremism.” The government used this broad definition of extremism to detain, since 2017, more than one million Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslims in “transformation through education” centers, or detention centers, designed to instill patriotism and erase their religious and ethnic identities. This included many of those ordered to return to China from studying or working abroad. International media reported security officials in the centers abused, tortured, and killed some detainees (see sections 1.a., 1.b., 1.c., 1.d., and 2.d.).

Outside the internment camps, the government implemented severe restrictions on expressions of minorities’ culture, language, and religious identity, including regulations prohibiting behaviors the government considered signs of “extremism” such as growing “abnormal” beards, wearing veils in public places, and suddenly stopping smoking and drinking alcohol, among other behaviors. The regulations banned the use of some Islamic names when naming children and set punishments for teaching religion to children. Authorities conducted “household surveys” and “home stays” in which officials or volunteers forcibly lived in Uyghurs’ homes and monitored families for signs of “extremism.” There were media reports that male officials would sleep in the same bed as the wives of men who were detained in internment camps, as part of the “Pair Up and Become Family” program, and also bring alcohol and pork for consumption during the home stay. Authorities also used a vast array of surveillance technology designed to specifically target and track Uyghurs.

Xinjiang government “de-extremification” regulations state that county-level governments “may establish occupational skills education and training centers and other such education and transformation bodies and management departments to conduct education and transformation for persons influenced by extremism.” Some observers noted that despite this regional law, the “re-education centers” were illegal under the constitution.

Minority groups in border and other regions had less access to education than their Han Chinese counterparts, faced job discrimination in favor of Han Chinese migrants, and earned incomes well below those in other parts of the country. Government development programs and job provisions disrupted traditional living patterns of minority groups and in some cases included the forced relocation of persons and the forced settlement of nomads. Han Chinese benefited disproportionately from government programs and economic growth in minority areas. As part of its emphasis on building a “harmonious society” and maintaining social stability, the government downplayed racism and institutional discrimination against minorities and cracked down on peaceful expressions of ethnic culture and religion. These policies remained a source of deep resentment in Xinjiang, the Inner Mongolia Autonomous Region, the TAR, and other Tibetan areas.

The law states “schools (classes and grades) and other institutions of education where most of the students come from minority nationalities shall, whenever possible, use textbooks in their own languages and use their languages as the medium of instruction.” Despite provisions to ensure cultural and linguistic rights, measures requiring full instruction in Mandarin beginning in preschool and banning the use of Uyghur in all educational activities and management were implemented throughout Xinjiang, according to international media.

Many of the security raids, arbitrary detentions, and judicial punishments appeared to target groups or individuals peacefully seeking to express their political or religious views. Detention and punishment extended to expression on the internet and social media, including the browsing, downloading, and transmitting of banned content. Officials continued to use the threat of violence as justification for extreme security measures directed at the local population, journalists, and visiting foreigners. According to Xinhua, officials used surveillance and facial recognition software, biodata collection, and big data technology to create a database of Uyghurs in Xinjiang for the purpose of conducting “social-instability forecasting, prevention, and containment.” Security forces frequently staged large-scale parades involving thousands of armed police in cities across Xinjiang, according to state media.

Uyghurs and members of other religious and ethnic minority groups continued to be sentenced to long prison terms and were in some cases executed without due process on spurious charges of separatism and endangering state security.

The law criminalizes discussion of “separatism” on the internet and prohibits use of the internet in any way that undermines national unity. It further bans inciting ethnic separatism or “harming social stability” and requires internet service providers and network operators to set up monitoring systems to detect, report, and delete religious content or to strengthen existing systems and report violations of the law. Authorities searched cell phones at checkpoints and during random inspections of Uyghur households, and persons in possession of alleged terrorist material, including pictures of general religious or cultural importance, could be arrested and charged with crimes. International media reported security officials at police checkpoints used a surveillance application to download and view content on mobile phones.

Ethnic Kazakhs were also targeted. In June outside the Chinese embassy in Kazakhstan’s capital Nur-Sultan, ethnic Kazakh and former Xinjiang resident Akikat Kalliola (alternate spelling Aqiqat Qaliolla) protested the forced detention, “re-education,” and blocked international communications for his Xinjiang-based immediate family members, namely his parents and two brothers. Authorities seized the Xinjiang-based family members’ passports, preventing them from traveling to Kazakhstan to see Kalliola. In December, Kalliola reported his father had died in prison, but by the end of the year, authorities had yet to issue a death certificate or allow access to the body. Kazakhs were also prevented from moving freely between China and neighboring Kazakhstan, and some were detained in internment camps upon their return to China.

The government pressured foreign countries to repatriate or deny visas to Uyghurs who had left China, and repatriated Uyghurs faced the risk of imprisonment and mistreatment upon return. Some Uyghurs who were forcibly repatriated disappeared after arriving in China. Family members of Uyghurs studying overseas were also pressured to convince students to return to China, and returning students were detained or forced to attend “re-education camps,” according to overseas media. Overseas ethnic Uyghurs, whether they were citizens of the PRC or their countries of residence, were sometimes pressured to provide information about the Uyghur diaspora community to agents of the PRC government.

Freedom of assembly was severely limited in Xinjiang. For information about abuse of religious freedom in Xinjiang, see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

For specific information on Tibet, see the Tibet Annex.

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

No laws criminalize private consensual same-sex conduct between adults. Individuals and organizations working on lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues continued to report discrimination and harassment from authorities similar to that experienced by other organizations that accept funding from overseas.

LGBTI individuals reported incidents of violence, including domestic violence; however, they encountered difficulties in seeking legal redress, since regulations on domestic violence do not include recognition of same-sex relations. Accessing redress was further limited by societal discrimination and traditional norms, resulting in most LGBTI persons refraining from publicly discussing their sexual orientation or gender identity. Nonetheless, the May 28 civil code includes a provision that protects certain tenancy rights for designated partners of deceased property owners without officially defined family relationships.

NGOs working on LGBTI issues reported that although public advocacy work became more difficult for them due to laws governing charities and foreign NGOs, they made some progress in advocating for LGBTI rights through specific antidiscrimination cases.

HIV and AIDS Social Stigma

Discrimination against persons with HIV remained a problem, impacting individuals’ employment, education, and housing opportunities and impeding access to health care. In some instances laws protecting persons with HIV from discrimination contradict laws restricting the rights of persons with HIV. During the year state media outlets reported instances of persons with HIV or AIDS who were barred from housing, education, or employment due to their HIV status. According to the National Health Commission, as of the end of 2019, an estimated 950,000 persons in the country had HIV or AIDS.

According to the law, companies may not demand HIV antibody tests nor dismiss employees for having HIV. Nonetheless, regulations also stipulate that HIV-positive individuals shall not engage in work that is prohibited by laws, administrative regulations, and the Department of Health under the State Council.

In October 2019 a 32-year-old temporary worker named Liu, who had worked for Mao Tai Liquor Company in Guizhou for two years, was fired after he tested positive for HIV. The Mao Tai staff hospital did not inform him of his HIV test result during his routine medical exam.

Early in the year, a retired worker named Wang Ming in Xi’an was “persuaded” by the president of a local public hospital to return home, citing his coughing as a chronic disease. Wang Ming stated his belief the public hospital declined him service after finding out he was HIV positive, infected earlier during a dental operation at a private clinic.

In March an 11-year-old girl named Shasha whose HIV was transmitted via her mother was forced to drop out of school due to extensive discrimination at Chiduanwan Elementary School in Hunan.

Promotion of Acts of Discrimination

In an effort to justify the detention of ethnic minorities in Xinjiang and elsewhere, official state media outlets published numerous articles describing members of minority ethnic or religious groups as violent and inferior. Such propaganda emphasized the connection between religious beliefs, in particular belief in Islam, and acts of violence. Moreover, many articles described religious adherents as culturally backward and less educated, and thus in need of government rectification.

Hong Kong

Read A Section: Hong Kong

China | Macau | Tibet

EXECUTIVE SUMMARY

Hong Kong is a Special Administrative Region of the People’s Republic of China. The 1984 Sino-British Joint Declaration and the Basic Law of the special administrative region specified that except in matters of defense and foreign affairs, Hong Kong would have a high degree of autonomy under the “one country, two systems” framework, but the Chinese Communist Party has systematically dismantled Hong Kong’s political freedoms and autonomy in violation of its international commitments. During the most recent elections, widely regarded by most nonpartisan local and international election observers as free and fair, in November 2019, pandemocratic candidates won control of 17 of 18 District Councils, although the government barred one opposition figure’s candidacy. The turnout, 71 percent of all registered voters, was a record for Hong Kong. In 2017 the 1,194-member Chief Executive Election Committee, dominated by proestablishment electors, selected Carrie Lam to be Hong Kong’s chief executive. In 2016 Hong Kong residents elected the 70 representatives who comprise Hong Kong’s Legislative Council. Voters directly elected 40 representatives, while limited-franchise constituencies elected the remaining 30. Legislative Council elections were scheduled to take place in September 2020, but Hong Kong authorities postponed them to September 2021, citing COVID-19 concerns. The National People’s Congress Standing Committee passed a resolution on November 11 disqualifying four standing pandemocratic Legislative Council members with immediate effect and no legal recourse. The 15 remaining pandemocratic members resigned in solidarity, leaving only two members not affiliated with the progovernment camp in the Legislative Council.

The Hong Kong Police Force maintains internal security and reports to the Security Bureau. The Security Bureau and police continue to report to the chief executive in theory, but to implement the National Security Law (see below) imposed by the National People’s Congress Standing Committee in Beijing on June 30, the Hong Kong government established an Office of Safeguarding National Security, a National Security Committee, and a National Security Branch of the Hong Kong police. Because these organs ultimately report to the Chinese central government, and mainland security personnel are reportedly embedded in some of these bodies, the ability of Hong Kong’s civilian authorities to maintain effective control over the security office was no longer clear. Security forces are suspected to have committed some abuses and, after the imposition of the National Security Law, have devoted increasing attention to political cases, including those involving nonviolent protesters, opposition politicians, and activists.

From June 2019 to January 2020, Hong Kong experienced protests, initially drawing more than one million participants, against proposed changes to Hong Kong’s extradition law with mainland China. Participation in the protests dwindled sharply early in the year and remained low due to the COVID-19 pandemic, police denial of demonstration permits, more aggressive police enforcement tactics, and concern about the National Security Law. China undermined Hong Kong’s autonomy through an escalating erosion of civil liberties and democratic institutions throughout the year. In June, with the support of the Hong Kong chief executive, the Chinese National People’s Congress unilaterally imposed the National Security Law on Hong Kong. The National Security Law created four categories of offenses–secession, subversion, terrorist activities, and collusion with a foreign country or external elements to endanger national security–and corresponding penalties. The law has extraterritorial reach. The Office for Safeguarding National Security, which does not fall under the Hong Kong government’s jurisdiction, allows mainland China security elements to operate openly and without accountability to Hong Kong authorities, in contradiction of the spirit and practice of the Sino-British Joint Declaration and the “one country, two systems” framework.

Significant human rights issues included: the establishment of national security organs with sweeping powers and negligible public oversight; allegations of police brutality against protesters and persons in custody; arbitrary arrests; politically motivated reprisals against individuals located outside of Hong Kong; serious restrictions on free expression, the press, and the internet; substantial interference with the rights of peaceful assembly and freedom of association; use of politically motivated arrests and prosecutions to impose restrictions on departing Hong Kong; the inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; and trafficking in persons.

The government took limited steps to prosecute and punish officials who committed human rights abuses, but refused widespread calls by a large segment of Hong Kong society and others to establish an independent commission to examine allegations of police brutality during the 2019 demonstrations.

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

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

There were no credible reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

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

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

The law prohibits such practices, but there were several reports police physically abused or degraded detainees. In March, Amnesty International reported interviews with multiple alleged victims of police brutality. Police denied these allegations. Protests associated with the lead-up to the implementation of the National Security Law featured multiple clashes between police and protesters, some of which involved physical violence.

In the week of May 25, police arrested approximately 400 protesters, including some 100 minors. During their arrest and detention, officials made no effort to address health concerns created by the COVID-19 pandemic. In a September case demonstrating the more aggressive tactics adopted by police, police were recorded tackling a 12-year-old girl, who fled after police stopped her for questioning.

Prison and Detention Center Conditions

There were reports of prison or detention center conditions that raised human rights concerns.

Physical Conditions: According to activists, detained protesters were held at the Castle Peak Immigration Center under unacceptable hygienic conditions and subjected to verbal and mental abuse. In response to a 2019 police brutality allegation and after the September 2019 closure of the San Uk Ling Holding Center, in May the Hong Kong Police Force border commissioner convened a task force to investigate the accusations made by protesters.

Administration: The government investigated allegations of problematic conditions and documented the results in a publicly accessible manner. There was an external Office of the Ombudsman. Activists and legislators, however, urged the government to establish an independent prisoner complaint and monitoring mechanism for prisons and detention centers.

Independent Monitoring: The government generally permitted legislators and justices of the peace to conduct prison visits. Justices of the peace may make suggestions and comments on matters, such as physical conditions, overcrowding, staff improvement, training and recreational programs and activities, and other matters affecting the welfare of inmates.

The Independent Police Complaints Council is the police watchdog, responsible for investigating alleged corruption or abuses. In a November 19 ruling, a court of first instance (trial court) declared the complaints council incapable of effective investigation, as it lacked necessary investigative powers and was insufficient to fulfill the Special Administrative Region (SAR) government’s obligations under the Basic Law to provide an independent mechanism to investigate complaints against police. The SAR government was appealing the ruling.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Several claims of arbitrary arrest were made in connection with the protests and alleged National Security Law (NSL) violations.

At the time of its passage, the Hong Kong SAR and the People’s Republic of China (PRC) claimed the NSL was not retroactive.

On July 1, within hours of the NSL’s passage, police detained individuals based on their attire, searched their belongings, and arrested them for violating the NSL if the items in their possession were deemed to be against the PRC or the local government.

On August 10, police arrested 16 more individuals, including Agnes Chow, one of the cofounders of the former opposition party Demosisto, although Chow and the other two cofounders, Nathan Law and Joshua Wong, disbanded Demosisto the day before the NSL became effective. Chow refrained from political activity after the law was passed. She and human rights activist concluded that her arrest meant that the national security forces were retroactively applying the NSL.

During a protest on October 1, Chinese National Day, police reportedly indiscriminately rounded up persons in a popular shopping district, despite having no evidence that those individuals participated in the protest.

The Hong Kong Police Force maintains internal security and reports to the SAR’s security bureau. The People’s Liberation Army is responsible for foreign defense. The immigration department of the security bureau controls passage of persons into and out of the SAR as well as the documentation of local residents. All Hong Kong security services, in theory, ultimately report to the chief executive, but following the implementation of the NSL imposed by Beijing, the SAR established an Office of Safeguarding National Security, a National Security Committee, and a National Security branch of the Hong Kong police. Because these organs ultimately report to the Chinese central government and mainland security personnel are present in some or all of these bodies, the ability of SAR civilian authorities to maintain effective control over the security force was no longer clear.

Multiple sources reported suspected members of the Chinese central government security services in the SAR monitoring political activists, nongovernmental organizations (NGOs), and academics who criticized the Chinese central government’s policies.

Although the Independent Police Complaints Council is supposed to be an independent investigatory body responsible for addressing accusations of police corruption or abuses, activists expressed concern that the chief executive appointed all council members and noted that its lack of power to conduct independent investigations limited its oversight capacity. There was wide public support for the establishment of a commission of inquiry into alleged police abuses in handling the protests. In May the council released its report on the police response to the 2019 protests and claimed that while there was room for improvement, and acknowledging some specific flaws in police operations, such as excessive and indiscriminate use of tear gas, there were no systematic abuses and the police force acted in accordance with the law. The report did not address any specific cases of alleged abuse; the council chose to address police actions “thematically” by looking at major incidents during the period of protest.

Arrest Procedures and Treatment of Detainees

Police generally apprehended suspects openly when they observed suspects committing a crime or with warrants based on sufficient evidence and issued by a duly authorized official. Police must promptly charge arrested suspects. The government respected this right and generally brought arrested persons before a judicial officer within 48 hours. Detainees were generally informed promptly of charges against them. There was a functioning bail system that allowed persons not charged to put up bail to be released from detention pending the filing of charges. Activists argued that the bail system left the arrested in purgatory–not officially charged but with a monthly check-in requirement and no defined period under the law within which the government is required to file charges. During routine check-ins, activists and protesters have been rearrested, often having new charges brought against them.

For example, in August 2019, Joshua Wong was arrested, charged with organizing an illegal assembly, and released on bail. Following his release, during a routine bail check-in held in September, Wong was rearrested and charged for a nearly one-year-old violation of the 2019 antimask emergency regulation. Wong was convicted of the initial charge of organizing an illegal assembly and sentenced to 13.5 months’ imprisonment on December 2.

Democracy activists were increasingly denied bail. In December during a routine bail check-in, media owner and democracy activist Jimmy Lai was arrested on fraud charges related to the use of office space and denied bail. Legal scholars noted bail denial is unusual in civil suits; Lai was subsequently charged on December 11 under the NSL. The NSL sets a higher standard for bail than do other laws, and in one case, activists alleged that this higher standard violated the presumption of innocence. The court, however, found that the defendant in that case would have been denied bail even under the pre-existing standards of Hong Kong law.

Authorities allowed detainees access to a lawyer of their choice, although the Hong Kong Bar Association reported that lawyers experienced obstruction at police stations and delays in seeing clients arrested during protests. Suspects were not detained incommunicado or held under house arrest. Interviews of suspects are required to be videotaped.

e. Denial of Fair Public Trial

Although the law generally provides for an independent judiciary, there were indications that this independence was being challenged. As it did for the police force, the Department of Justice set up a separate office that deals with NSL prosecutions. There were media reports that this office also managed certain prosecutions against opposition activists not charged under the NSL. Activists voiced concern that those charged under the NSL may be denied a fair and public trial, as the NSL allows extradition to the mainland for trial. Chinese Communist Party mouthpieces in Hong Kong put pressure on the judiciary to accept more “guidance” from the government and called for extradition to the mainland in at least one high-profile case; they also criticized sentences deemed too lenient. Arrests made by police and the prosecutions pursued by the Justice Department appeared to be increasingly politically motivated in nature.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary largely enforced this right. Defendants have the right to be informed promptly and in detail of the charges against them and the right to a trial without undue delay.

Defendants are presumed innocent, except in official corruption cases: Under the law a sitting or former government official who maintains a standard of living above that commensurate with an official income or who controls monies or property disproportionate to an official income is considered guilty of an offense unless the official can satisfactorily explain the discrepancy. The courts upheld this ordinance. Trials are by jury except at the magistrate and district court level. An attorney is provided at public expense if defendants cannot afford counsel. Defendants have adequate time and facilities to prepare a defense. The government conducted court proceedings in either Cantonese or English, the SAR’s two official languages. The government provided interpretation service to those not conversant in Cantonese or English during all criminal court proceedings. Defendants could confront and question witnesses testifying against them and present witnesses to testify on their own behalf. Defendants have the right not to be compelled to testify or confess guilt, the right to be present at their trial, and the right of appeal.

The SAR’s courts are charged with interpreting those provisions of the Basic Law that address matters within the limits of the SAR’s autonomy. SAR courts also interpret provisions of the Basic Law that relate to central government responsibilities or the relationship between the central authorities and the SAR. The Court of Final Appeal may seek an interpretation of relevant provisions from the PRC central government’s Standing Committee of the National People’s Congress (NPC). SAR courts must by law follow the standing committee’s interpretations in cases involving central government jurisdiction, although judgments previously rendered are not affected. The standing committee has issued five interpretations of the Basic Law since 1997. The most recent, issued in 2016, requires lawmakers “to accurately, completely, and solemnly” swear an oath to uphold the Basic Law and recognize the Hong Kong SAR as a part of China before taking office. This ruling was the basis, in 2017, for disqualifying six opposition figures from taking their Legislative Council seats.

Under the NSL the chief executive provides a list of judges eligible to hear NSL cases. The NPC Standing Committee determines how the NSL is interpreted, not a SAR-based judiciary or elected body. The standing committee has the power in certain cases to extradite the accused to the mainland and hold trials behind closed doors. As of November, no cases have come to trial to validate or negate apprehensions about the NSL trial mechanisms.

Political Prisoners and Detainees

Activists claimed the SAR increasingly used legal tools, such as denial of bail and pursuing minor charges, to detain prodemocracy figures. In one such case, the courts denied Jimmy Lai bail for fraud charges, which is a civil offense. While in custody, security forces charged Lai with “foreign collusion” under the NSL, a provision that is not well defined.

Politically Motivated Reprisal against Individuals Located Outside the Country

The NSL is not restricted to the SAR or its residents, but instead claims jurisdiction over any individual, regardless of location, deemed to be engaged in one of the four criminal activities under the NSL: secession, subversion, terrorist activities, or collusion with a foreign country or external elements to endanger national security. In August the national security forces purportedly issued arrest warrants for six individuals, all residing abroad, and one of whom had foreign citizenship and had resided outside the SAR and mainland China for more than 20 years. Although reported in state-controlled media, the government refused to acknowledge the existence of the warrants.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters and access to a court to bring lawsuits seeking damages for human rights violations by SAR agencies or persons, with the possible exception of employees of the National Security division, as well as Central Government Liaison Office, depending on interpretations of the law.

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

The law prohibits such actions, but there were reports the SAR government failed to respect these prohibitions, including credible reports that Chinese central government security services and the Beijing-mandated Office for Safeguarding National Security monitored prodemocracy and human rights activists and journalists in the SAR. In October the national security police force arrested Tony Chung near a foreign diplomatic office and charged him with violating the NSL. Media reports claimed Chung intended to request asylum but was arrested before making his request. In a June statement to the South China Morning Post, SAR security chief John Lee stated that PRC security services would operate in Hong Kong “as needed.” There were also reports central government security services detained, questioned, and intimidated Hong Kong-based activists visiting the mainland. Hong Kong authorities also reportedly froze bank accounts for former lawmakers, civil society groups, and other political targets. Media reports indicated that thousands of persons, primarily police officers, protesters, and protest movement leaders, had their personal information publicly revealed online.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the government regularly encroached upon this right. Although an independent press, an impartial judiciary, and unfettered internet combined to permit freedom of expression, including for the press, on most matters, human rights advocates claimed that those rights were increasingly jeopardized or already being eroded. Some SAR and Chinese central government actions restricted or sought to restrict the right to express or report on dissenting political views, particularly support for Hong Kong independence or self-determination.

Freedom of Speech: There were legal restrictions on the ability of individuals to criticize the government publicly without reprisal. In July some of the initial NSL arrests included individuals carrying stickers and signs with slogans critical of the government. In September the government charged an activist for chanting antigovernment slogans under a colonial-era sedition statute that had not been used since the SAR’s handover to Chinese sovereignty in 1997. Hong Kong activists and legal scholars raised concerns that the sedition statute is incompatible with the freedoms listed in Hong Kong’s Bill of Rights.

Requirements for electoral candidacy and for taking the oath of office also limited free speech in the political arena. For example, since 2016 the Electoral Affairs Commission requires all Legislative Council candidates, in order to run for office, to sign a pledge stating the SAR is an “inalienable part” of China. In July the commission disqualified several candidates for speech made before passage of the NSL. In November the NPC Standing Committee in Beijing issued a decision that any public or elected officials found to be engaged in “unpatriotic” behavior, including speech, would immediately be disqualified for the positions they held. The decision was applied to four sitting Legislative Council members earlier disqualified for running for re-election. The SAR government subsequently announced the four members were immediately disqualified for the remainder of the Legislative Council session. There was no judicial recourse.

In November the government announced plans to require all civil servants to swear oaths of loyalty to the SAR government and the Basic Law. Government officials began to conduct the oaths in December. According to media reports, civil servants may lose their jobs if they refuse to swear the oath and may face criminal charges, including under the NSL, if they later engage in behavior, including speech, deemed to violate the oaths. Hong Kong authorities and Beijing officials insinuated that interactions with foreign diplomats could be considered “collusion” under the NSL.

Any speech critical of the central or local government or its policies may be construed as prosecession, subversive, or inciting hate against the government. On November 8, when a crowd of protesters chanted protest slogans as they gathered to mark the one-year anniversary of the death of student Chow Tsz-lok, whose cause of death remained unknown but occurred in the proximity of protests, police warned protesters that their actions could violate both the NSL and COVID-19 restrictions.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, although they were increasingly constrained. In August, Hong Kong immigration authorities denied a visa to Hong Kong-based Irish journalist Aaron McNicholas, the newly selected editor of the Hong Kong Free Press news website. In September, SAR police told media organizations that journalists would henceforth have to be credentialed by and registered with police to cover public events, such as demonstrations or conferences. Police claimed this was required to deter “fake” reporters at protests, while media advocates stated that the SAR’s real objective was to control access to information. The Foreign Correspondents’ Club stated that the change disregards the vetting and membership processes of Hong Kong’s independent journalist associations.

SAR police in November arrested a producer of a documentary on a violent incident in 2019, when rod-wielding men attacked protesters at the Yuen Long subway station. Activists and protesters claimed that police were deliberately slow to respond to the incident; many accused police of colluding with the mob. Police arrested the producer for violating a traffic ordinance by using license plate information from a publicly available government website to identify owners of vehicles, including police, near the subway station. Media outlets reported that for years many journalists routinely used the website to inform their reporting. While the law exists, authorities did not enforce it until after reportedly changing the website to remove the option of stating such research was for journalistic purposes.

Violence and Harassment: On August 10, Jimmy Lai, owner of the independent newspaper Apple Daily, as well as his two sons and four senior executives, were arrested on suspicion of fraud. All were subsequently released on bail. That same day, police raided the Apple Daily offices, permitting only progovernment journalists to cover their search. A court later found the search and seizure of reporting material illegal and required it be returned. In 2019 the personal information of 132 members of Apple Dailys staff was published online anonymously; the newspaper reported that its investigation traced the leak to PRC national security agencies. Several journalists from other outlets alleged that police detained, assaulted, or harassed them, a claim supported by the NGO Committee to Protect Journalists.

Censorship or Content Restrictions: Reports of media self-censorship and suspected content control continued. Some media outlets, bookstores, and publishers were owned by companies with business interests on the mainland or by companies directly controlled by the Chinese central government, a situation that led to claims they were vulnerable to self-censorship. In August staff at i-Cable Communications Limited, a television and internet broadcaster, protested management’s decision to replace several executives and the news director with persons perceived as more progovernment. Former i-Cable staff reported that the coverage and editing of stories were increasingly designed to reduce the presence of pro-opposition themes and personalities. In May the public broadcasting service Radio Television Hong Kong suspended a satirical television program after the Communications Authority issued it a warning for “denigration of and insult to police,” reportedly after pressure from the police commissioner. In September, Radio Television Hong Kong extended the employment probation of a reporter following complaints from progovernment groups about her tough questioning of SAR officials. In December there were media reports that a Hong Kong bookstore chain refused to stock a book on Hong Kong history because of concerns about the NSL.

Internet Freedom

The SAR government did not restrict or disrupt access to the internet or censor online content, although activists claimed central government authorities monitored their email and internet use. Messages posted on Facebook, Telegram, and LIHKG (a local website) led to arrests under the NSL, causing concern and self-censorship. In December police cited Apple Daily owner Jimmy Lai’s use of Facebook and Twitter as circumstantial evidence in the decision to charge Lai with collusion under the NSL. NGOs and some media outlets reported focusing on digital security to protect their privacy, partners, and sources.

When handling issues related to national security violations, the national security divisions of the police force may require a person who published information or the relevant service provider to remove the content or assist the national security divisions. Facebook, WhatsApp, Google, and Twitter reported denying the SAR government access to individuals’ data.

Academic Freedom and Cultural Events

There were some restrictions on academic freedom and cultural events.

Universities allowed contracts to lapse or fired prodemocracy professors. In July the University of Hong Kong fired Benny Tai, a tenured law professor and prodemocracy activist. The decision was made by a board appointed by the chief executive.

Academics and prodemocracy advocates reported NSL-related changes to secondary education texts. In August some textbook publishers agreed to a government-initiated voluntary review of liberal arts textbooks and subsequently, removed the phrase “separation of powers,” images related to Hong Kong’s protests, and some criticism of the Chinese political system, according to media reports.

SAR officials encouraged teachers to avoid voicing political opinions in academic settings. In October officials revoked the registration of a primary school teacher who allegedly used materials related to Hong Kong independence in a classroom discussion of freedom of speech, effectively banning the teacher from working in Hong Kong’s education sector for the rest of his life. In November officials revoked the registration of a second teacher for alleged factual misrepresentation in a history lesson. In July officials announced they had begun nearly 200 investigations of teachers for participation in the 2019 protest movement.

COVID-19 precautions limited cultural events. In September a museum dedicated to memorializing the 1989 Tiananmen Square massacre opened in a new, permanent location after several years of temporary locations and difficulties maintaining a lease due to alleged landlord pressure.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association. The government, however, restricted public gatherings, claiming COVID-19 concerns.

Freedom of Peaceful Assembly

While the law provides for freedom of peaceful assembly, the government cited COVID-19 restrictions to ban peaceful assembly, although civil rights organizations stated the denial was based more on political than public-health considerations. Before 2019 police routinely issued the required “letter of no objection” for public meetings and demonstrations, including those critical of the SAR and central government. After violence occurred during some of the 2019 protests, police issued letters of objection against several gatherings, including large protest marches.

In April police arrested 15 high-profile prodemocracy leaders, including former chairs of the Democratic and Labor parties, for “organizing and participating in unlawful assembly” in 2019.

Because of the strict limits on any public gathering due to health restrictions, police have not issued any “letters of no objection” for public demonstrations since the start of the COVID-19 pandemic. For the first time since 1990, police denied a permit for a June 4 Tiananmen Square vigil, citing social distancing concerns. Police also refused to allow the Chinese National Day prodemocracy protest in October, although official gatherings did take place. Protesters marched in defiance of the ban, flanked by a heavy police presence; there were dozens of arrests.

Freedom of Association

SAR law provides for freedom of association, but the government did not always respect it if the group was deemed a national security concern. Several proindependence political parties and activist groups disbanded in June after the NSL was announced, due to fear their freedom of association would no longer be respected.

Under the law any person claiming to be an officer of a banned group may be sentenced to a maximum of three years in prison and fined. Those convicted of providing meeting space or other aid to a banned group may also be sentenced to fines and jail time.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government sometimes confiscated travel documents and enforced travel bans for democracy activists and opposition politicians facing charges. Activists reported that the Hong Kong Police Force monitored a group of 12 activists seeking to travel from Hong Kong to Taiwan by speedboat and shared information on the group with mainland Chinese authorities, leading to their detention by the Chinese Coast Guard. Since the group’s detention, Shenzhen authorities have prevented the activists from hiring lawyers of their choice and from communicating with their family members, contrary to PRC regulations regarding the treatment of detainees. The youngest of the group are minors. COVID-19 health precautions also limited immediate foreign travel, emigration, and repatriation.

In January immigration officials denied entry to Human Rights Watch executive director Kenneth Roth, stating the department did not comment on individual cases, but that it would “fully consider all relevant factors and circumstances of a case before deciding whether the entry should be allowed or not.” Chinese central government authorities “sanctioned” democracy-focused NGO employees and others for their advocacy and work in Hong Kong, blocking them from traveling to Hong Kong. Neither the Hong Kong government nor central government would provide information on what the ‘sanctions’ entail.

Foreign Travel: Most residents easily obtained travel documents from the SAR government. Hong Kong authorities blocked some human rights activists, student protesters, and prodemocracy legislators from visiting the mainland.

f. Protection of Refugees

The government cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) and humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Activists indicated that persons seeking refugee status faced discrimination and were the frequent target of negative commentary by some political parties and media organizations.

Access to Asylum: The law does not provide for granting asylum or refugee status, but the SAR government has established a system for providing limited protection to persons who would be subject to torture or other abuses in their home country.

The SAR government uses the term “nonrefoulement claim” to refer to a claim for protection against deportation. Persons subject to deportation could file a nonrefoulement claim if they either arrived in the SAR without proper authorization or had overstayed the terms of their admittance. Filing such a claim typically resulted in a period of detention followed by release on recognizance. Activists and refugee rights groups expressed concerns about the quality of adjudications and the very low rate of approved claims, fewer than 1 percent. Denied claimants may appeal to the Torture Claims Appeal Board. The government did not publish the board’s decisions, a practice that the Hong Kong Bar Association previously noted created concerns about the consistency and transparency of decisions. Persons whose claims were pending were required to appear periodically before the Immigration Department.

Employment: “Nonrefoulement claimants” have no right to work in the SAR while their claims are under review, and they must rely on social welfare stipends and charities. An NGO reported the government’s process for evaluating claims, which did not allow claimants to work legally in the SAR, made some refugees vulnerable to trafficking. The SAR government, however, frequently granted exceptions to this rule for persons granted nondeportation status and awaiting UNHCR resettlement.

Access to Basic Services: Persons who made “nonrefoulement” claims were eligible to receive publicly funded legal assistance, including translation services, as well as small living subsidies. The children of such claimants could attend SAR public schools.

Temporary Protection: Persons whose claims for “nonrefoulement” are substantiated do not obtain permanent resident status in the SAR. Instead the SAR government refers them to UNHCR for possible recognition as refugees and resettlement in a third country. In some cases, individuals waited years in the SAR before being resettled.

Section 3. Freedom to Participate in the Political Process

The Basic Law limits the ability of residents to change their government. Hong Kong voters do not enjoy universal suffrage in elections for the chief executive or equal suffrage in Legislative Council elections.

The chief executive is elected by an election committee of approximately 1,200 members (1,194 members in 2017). The election committee consists of the 70 members of the Legislative Council and a mix of professional, business, and trade elites.

Voters directly elect 40 of the Legislative Council’s 70 seats by secret ballot. Of the seats, 35 are designated as “geographic constituencies” and 35 as “functional constituencies” (FCs). All 35 geographic constituencies are directly elected by all voters in a geographic area. Thirty FC seats are selected by a set of voters representing various economic and social sectors, most of whom are probusiness and generally support the Chinese central government policies. In 2016 the constituencies that elected these 30 FC Legislative Council seats consisted of 239,724 registered individual and institutional voters, of whom approximately 172,820 voted, according to statistics published by the SAR’s Election Affairs Office. The remaining five FC seats must be filled by district councilors (the so-called district council sector, known as “super seats,”) directly elected by the approximately five million registered voters not represented in another FC, and therefore representing larger constituencies than any other seats in the Legislative Council. In July citing COVID-19 concerns, Chief Executive Carrie Lam postponed the September 6 Legislative Council election for a year, despite significantly fewer per capita cases of COVID-19 than in other countries and cities that have allowed their elections to proceed.

Under the Basic Law, only the SAR government, not members of the legislature, may introduce bills that affect public expenditure, the political structure, or government policy.

The SAR sends 36 deputies to the NPC and had approximately 200 delegates in the Chinese People’s Political Consultative Conference–bodies that operate under the direction of the Chinese Communist Party and do not exercise legislative independence. The approval of the chief executive, two-thirds of the Legislative Council, and two-thirds of the SAR’s delegates to the NPC are required to place an amendment to the Basic Law on the agenda of the NPC, which has the sole power to amend the Basic Law.

Elections and Political Participation

Recent Elections: An unofficial pandemocratic primary was held in early July, in which more than 500,000 voters participated, to consolidate the pandemocratic vote and candidates ahead of the Legislative Council election scheduled for September, but since delayed to September 2021. Several pandemocratic candidates selected in the primary were later disqualified by the Electoral Affairs Commission. On July 31, the SAR chief executive postponed the election for a year, citing COVID-19 concerns. Human rights and democracy advocates maintained the SAR government’s actual motive was to avoid a proestablishment defeat.

In November 2019, registered voters elected district councilors in the SAR’s 18 districts. These elections are open to all voters on a one-person, one-vote basis. Turnout for the poll was a record 71 percent of registered voters. The election was considered generally peaceful, free, and fair, although the Hong Kong government barred one prodemocracy advocate, Joshua Wong, from running. Proestablishment candidates reported that attacks on party offices and candidates also negatively affected campaign activities. Voters broadly endorsed prodemocracy and other nonestablishment candidates, who took control of 17 of the 18 councils and won 388 of the 452 contested seats (out of 479 total).

In 2017 the 1,194-member Chief Executive Election Committee, dominated by proestablishment electors, selected Carrie Lam to be the SAR’s chief executive. Residents expressed concern that the elections for the great majority of committee seats were open only to 239,724 of the SAR’s 7.5 million residents. Moreover, although the vote for the election committee (in 2016) saw a historically high voter turnout of 46 percent and a record number of contested seats across industrial, professional, grassroots, and political sectors, local political observers noted that 300 members–approximately 25 percent of the committee–were elected without a poll or other transparent election process to represent 12 uncontested subsectors and one sub-subsector.

Political Parties and Political Participation: In 2018 the SAR government banned the proindependence Hong Kong National Party. This was the first ban of a political party since the establishment of the SAR.

All Legislative Council candidates must sign a confirmation form pledging their allegiance to the SAR and intent to uphold the Basic Law, including provisions stating that Hong Kong is an inalienable part of China. Since that requirement was instituted, the government barred several potential candidates from running for office.

The NSL made illegal actions that “incite hatred” against the PRC or SAR governments and “collusion” with foreign governments–terms that have yet to be clearly defined. In July the SAR disqualified at least 12 politicians and activists from running in the Legislative Council election originally scheduled for September. Four of those disqualified were sitting members of the council. The returning officer, a civil servant assigned to oversee elections, stated the provision about “collusion with foreign governments” applied to the July Legislative Council election disqualifications because the members had met with foreign leaders to discuss Hong Kong’s human rights situation. Civic Party members described the disqualification as a near ban of their party. When the Legislative Council elections were subsequently delayed by a year, all sitting legislators, despite the disqualifications, were initially permitted to retain their seats. In November the NPC Standing Committee passed a “patriotism” resolution and immediately disqualified four sitting lawmakers, including the three from the Civic Party, who had been banned from running in the postponed elections. The 15 remaining pandemocratic lawmakers resigned, arguing that the legislature no longer had legitimacy.

In November police arrested eight opposition politicians, including five then sitting lawmakers, for contempt of and interference with a May 8 Legislative Council meeting, a move widely criticized by opposition voices as politically motivated.

Participation of Women and Members of Minority Groups: No law limits participation of women in the political process, and they did participate. In September there were nine female legislative council members. After the expulsion or exodus of pandemocratic legislators, only six (all proestablishment) women legislators remained. In 2017 Carrie Lam was selected to be the SAR’s first female chief executive.

There is no legal restriction against ethnic minorities running for electoral office, serving as electoral monitors, or participating in the civil service. There were, however, no members of ethnic minorities in the Legislative Council, and members of ethnic minorities reported they considered themselves unrepresented.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Although the SAR continued to be relatively law-abiding, there were isolated reports of government corruption.

Financial Disclosure: The SAR requires the most senior civil service and elected officials to declare their financial investments annually and senior working-level officials to do so biennially. Policy bureaus may impose additional reporting requirements for positions seen as having a greater risk of conflict of interest. The Civil Service Bureau monitors and verifies disclosures, which are available to the public. There are criminal and administrative sanctions for noncompliance.

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

Until midyear a variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. The promulgation of the NSL caused organizations to self-censor, with some leaving Hong Kong and others slowly resuming operations. SAR officials were somewhat cooperative and responsive to their views, but PRC officials began to voice their own responses to organizations reporting on the SAR. Some prominent human rights activists and organizations critical of the central government also operated in the SAR.

Government Human Rights Bodies: There is an Office of the Ombudsman and an Equal Opportunities Commission. The government recruits commissioners to represent both offices through a professional search committee, which solicits applications and vets candidates. Commissioners were independent. Both organizations operated without interference from the SAR government and published critical findings in their areas of responsibility. NGOs pointed out that the commission had limited ability to conduct investigations and that its mandate was too narrow.

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

Women

Rape and Domestic Violence: The law criminalizes rape against women, including spousal rape. The Hong Kong Federation of Women Centers stated that in the first quarter of the year, the number of survivors seeking support was more than double the number who sought help in the first quarter of 2019, most likely due to the COVID-19 pandemic and related lockdown measures lowering the visibility of potential victims and increasing their stress. Activists expressed concern that rape was underreported, especially within ethnic minority communities.

The law does not directly criminalize domestic violence, but the government regarded domestic violence against women as a serious concern. Abusers may be liable for criminal charges under offenses against the person, sexual assault, and child mistreatment laws, depending on which act constituted the domestic violence. The government effectively prosecuted violators under existing criminal violations.

The law allows survivors to seek a three-month injunction, extendable to six months, against an abuser. The ordinance covers abuse between spouses, heterosexual and homosexual cohabitants, former spouses or cohabitants, and immediate and extended family members. It protects victims younger than 18, allowing them to apply for an injunction in their own right, with the assistance of an adult guardian, against abuse by parents, siblings, and specified immediate and extended family members. The law also empowers courts to require that an abuser attend an antiviolence program. In cases in which the abuser caused bodily harm, the court may attach an arrest warrant to an existing injunction and extend the validity of both injunctions and arrest warrants to two years.

The government maintained programs that provided intervention, counseling, and assistance to domestic violence victims and abusers.

Sexual Harassment: The law prohibits sexual harassment or discrimination based on sex, marital status, and pregnancy. The law applies to both men and women, and police generally enforced the law effectively. There were multiple reports, however, of sexual harassment in housing, the workplace, and in universities.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence.

There are no legal, cultural, or social barriers, or government policies that limit access to contraception or skilled health care during pregnancy and childbirth. The government provides access to sexual and reproductive health services for survivors of sexual violence.

The Department of Health and government-supported organizations offer full support services for family planning needs.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women enjoy the same legal status and rights as men. The SAR’s sexual discrimination ordinance prohibits discrimination based on sex or pregnancy status, and the law authorizes the Equal Opportunities Commission to work towards the elimination of discrimination and harassment as well as to promote equal opportunity for men and women. Although the government generally enforced these laws, women reportedly faced some discrimination in employment, salary, welfare, inheritance, and promotion.

Children

Birth Registration: All Chinese nationals born in the SAR, on the mainland, or abroad to parents, of whom at least one is a Chinese national and Hong Kong permanent resident, acquire both Chinese citizenship and Hong Kong permanent residence. Children born in the SAR to non-Chinese parents, at least one of whom is a Hong Kong permanent resident, acquire SAR permanent residence and qualify to apply for naturalization as Chinese citizens. Authorities routinely registered all such statuses.

Child Abuse: The law mandates protection for victims of child abuse (battery, assault, neglect, abandonment, and sexual exploitation), and the SAR government enforced the law. The law allows for the prosecution of certain sexual offenses, including against minors, committed outside the territory of the SAR.

The government provided parent education programs through its maternal and child-health centers, public education programs, clinical psychologists, and social workers. Police maintained a child abuse investigation unit and, in collaboration with the Social Welfare Department, operated a child witness support program.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 16 for both girls and boys; however, parents’ written consent is required for marriage before age 21.

Sexual Exploitation of Children: The age of consent is effectively 16. Under the law a person having “unlawful sexual intercourse” with a person younger than 16 is subject to five years’ imprisonment, while unlawful sexual intercourse with a victim younger than 13 carries a sentence of life imprisonment. The law prohibits the commercial sexual exploitation of children and procuring children for prostitution. The law makes it an offense to possess, produce, copy, import, or export pornography involving a child or to publish or cause to be published any advertisement that conveys, or is likely to be understood as conveying, the message that a person has published, publishes, or intends to publish any child pornography. Authorities enforced the law. The penalty for creation, publication, or advertisement of child pornography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.

International Child Abductions: The SAR is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish community numbered approximately 2,500 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The government took action to investigate and punish those responsible for violence or abuses against persons with disabilities. The government generally implemented laws and programs to provide persons with disabilities access to education, employment, the judicial system, and health services. The law on disabilities states that children with separate educational needs must have equal opportunity in accessing education. Some human rights groups reported the SAR’s disability law was too limited and that its implementation did not promote equal opportunities. The Social Welfare Department provided training and vocational rehabilitation services to assist persons with disabilities, offered subsidized resident-care services for persons deemed unable to live independently, offered preschool services to children with disabilities, and provided community support services for persons with mental disabilities, their families, and other local residents.

The government generally implemented laws and programs to provide persons with disabilities access to information, communications, and buildings, although there were reports of some restrictions. The law calls for improved building access and provides for sanctions against those who discriminate.

Members of National/Racial/Ethnic Minority Groups

Although ethnic Chinese account for most of the population, the SAR is a multiethnic society, with persons from a number of ethnic groups recognized as permanent residents with full rights under the law. The law prohibits discrimination, and the Equal Opportunities Commission oversees implementation and enforcement of the law. The commission maintained a hotline for inquiries and complaints concerning racial discrimination. Although the SAR government took steps to reduce discrimination, there were frequent reports of discrimination against ethnic minorities; the law does not clearly cover racial discrimination occurring during law enforcement activity.

Advocates stated there were indications of racism in COVID-19 testing and quarantine measures. Returning South and Southeast Asian SAR minority residents complained of poor quarantine facilities, wait times, and diet, and accused the SAR of discrimination.

Persons born in mainland China also experienced frequent discrimination. Nonpermanent residents did not receive SAR cash subsidies to help with the COVID-19-related economic downturn until eight months after the pandemic began in the SAR.

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

No laws criminalize consensual same-sex sexual conduct between adults. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity. There are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, or intersex community. In March the high court ruled in favor of a gay man who sued the government for disqualifying his and his same-sex partner’s public housing application.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions without previous authorization or excessive requirements and to conduct legal strikes, but it does not protect the right to collective bargaining or obligate employers to bargain. Trade unions claimed the lack of collective bargaining rights and divisions in the labor movement weakened workers’ leverage in negotiations. The law explicitly prohibits civil servants from bargaining collectively.

The law prohibits firing an employee for striking and voids any section of an employment contract that punishes a worker for striking. The commissioner of police has broad authority to control and direct public gatherings, including strikes, in the interest of national security or public safety.

By law an employer may not fire, penalize, or discriminate against an employee who exercises his or her union rights and may not prevent or deter the employee from exercising such rights. Penalties for violations of laws protecting union and related worker rights include fines as well as legal damages paid to workers. Penalties were commensurate with those under other laws involving the denial of civil rights. The law was not effectively enforced due to the increasingly politicized environment. Dismissed employees had difficulty proving antiunion discrimination. In January more than 3,000 members of a health-care trade union held a strike to pressure the SAR to close the border with mainland China to prevent further spread of COVID-19. After the strike concluded, the SAR sent letters to medical workers demanding that they account for absences during the strike period to determine whether the salaries earned were commensurate to the work provided. The union stated that those letters constituted veiled threats not only to identify the members who participated but also to financially penalize them.

On November 2, SAR police denied the petition submitted by the Cathay Pacific airline union to protest the airline’s firing of thousands of workers and then offering the remaining workers unfair contracts. The denial cited COVID-19 health precautions and noted that the 2019 protests disrupted the airport’s operations. Labor unions and prodemocratic lawmakers stated that proposed protest site was located away from the airport and the denial was a clear indication that COVID-19 precautions were used to silence opposition opinions further.

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor, nor do laws specifically criminalize forced labor. Instead, the SAR uses its Employment and Theft Ordinances to prosecute labor violations and related offenses. Because labor violations are typically civil offenses with monetary fines, penalties for these offenses were not commensurate with those for analogous serious crimes, such as kidnapping, which violate the crimes ordinance and carry prison terms.

NGOs expressed concerns that some migrant workers, especially domestic workers in private homes, faced high levels of indebtedness assumed as part of the recruitment process, creating a risk they could fall victim to debt bondage. Domestic workers in Hong Kong were mostly women and mainly came from the Philippines, Indonesia, and other Southeast Asian countries. The SAR allows for the collection of maximum placement fees of 10 percent of the first month’s wages, but some recruitment firms required large up-front fees in the country of origin that workers struggled to repay. Some locally licensed employment agencies were suspected of colluding with agencies overseas to profit from debt schemes, and some local agencies illegally confiscated the passports and employment contracts of domestic workers and withheld them until they repaid the debt. In August officials concluded a year-long investigation, arresting and jailing three SAR residents for participating in a predatory loan syndicate involving local Philippine employment agencies.

SAR authorities stated they encouraged aggrieved workers to file complaints and make use of government conciliation services and that they actively pursued reports of any labor violations.

See also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. Regulations prohibit employment of children younger than 15 in any industrial establishment. Children younger than 13 are prohibited from taking up employment in all economic sectors. Children who are 13 or older may be employed in nonindustrial establishments, subject to certain requirements, such as parental written consent and proof the child has completed the required schooling.

The Labor Department effectively enforced these laws and regularly inspected workplaces to enforce compliance with the regulations. Penalties for child labor law violations include fines and legal damages and were not commensurate with those for analogous serious crimes, such as kidnapping, that violate the crimes ordinance and carry prison terms.

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination based on race or ethnicity, disability, family status (marital status or pregnancy), or sex. The law stipulates employers must prove that proficiency in a particular language is a justifiable job requirement if they reject a candidate on those grounds. Regulations do not prohibit employment discrimination on the grounds of color, religion, political opinion, national origin or citizenship, sexual orientation or gender identity, HIV or other communicable disease status, or social status.

The government generally enforced these laws and regulations. In cases in which employment discrimination occurred, the SAR’s courts had broad powers to levy penalties on those violating these laws and regulations.

Human rights activists and local scholars continued to raise concerns about job prospects for minority students, who were more likely to hold low-paying, low-skilled jobs and earn below-average wages. Experts assessed that a lack of Chinese-language skills was the greatest barrier to employment.

e. Acceptable Conditions of Work

The statutory minimum wage was below the poverty line for an average-sized household. There were many press reports regarding poor conditions faced by and underpayment of wages to domestic workers. The Labor Tribunal adjudicated disputes involving nonpayment or underpayment of wages and wrongful dismissal.

The law does not regulate working hours, paid weekly rest, rest breaks, or compulsory overtime for most employees. Several labor groups reported that employers expected extremely long hours and called for legislation to address that concern.

Workplace health and safety laws allow workers to remove themselves from situations that endanger health or safety without jeopardy to their employment. Employers are required to report any injuries sustained by their employees in work-related accidents.

The number of inspectors was sufficient to enforce compliance. The government effectively enforced the law, and the number of labor inspectors was sufficient to deter violations except in the cases of nonpayment or underpayment of wages to, and working conditions of, domestic workers. Penalties for violations of the minimum wage or occupational safety and health violations include fines, damages, and worker’s compensation payments. These penalties were commensurate with those for similar crimes.

The Occupational Safety and Health Branch of the Labor Department is responsible for safety and health promotion, identification of unsafe conditions, enforcement of safety management legislation, and policy formulation and implementation. Inspectors have the authority to make unannounced inspections and initiate investigations and prosecutions. For the first six months of the year, the Labor Department reported 3,278 cases of occupational accidents, including nine fatalities, with 1,102 accidents in the construction sector and 1,508 in the food and beverage services sector. The department reported 12,502 cases of occupational injuries, including 113 deaths.

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Iran

Executive Summary

The Islamic Republic of Iran is an authoritarian theocratic republic with a Shia Islamic political system based on velayat-e faqih (guardianship of the jurist). Shia clergy, most notably the rahbar (supreme leader), and political leaders vetted by the clergy dominate key power structures. The supreme leader is the head of state. The members of the Assembly of Experts are nominally directly elected in popular elections. The assembly selects and may dismiss the supreme leader. The candidates for the Assembly of Experts, however, are vetted by the Guardian Council (see below) and are therefore selected indirectly by the supreme leader himself. Ayatollah Ali Khamenei has held the position since 1989. He has direct or indirect control over the legislative and executive branches of government through unelected councils under his authority. The supreme leader holds constitutional authority over the judiciary, government-run media, and other key institutions. While mechanisms for popular election exist for the president, who is head of government, and for the Islamic Consultative Assembly (parliament or majles), the unelected Guardian Council vets candidates, routinely disqualifying them based on political or other considerations, and controls the election process. The supreme leader appoints half of the 12-member Guardian Council, while the head of the judiciary (who is appointed by the supreme leader) appoints the other half. Presidential elections held in 2017 and parliamentary elections held during the year were not considered free and fair.

The supreme leader holds ultimate authority over all security agencies. Several agencies share responsibility for law enforcement and maintaining order, including the Ministry of Intelligence and Security and law enforcement forces under the Interior Ministry, which report to the president, and the Islamic Revolutionary Guard Corps, which reports directly to the supreme leader. The Basij, a volunteer paramilitary group with local organizations across the country, sometimes acted as an auxiliary law enforcement unit subordinate to Revolutionary Guard ground forces. The Revolutionary Guard and the national army, or Artesh, provided external defense. Civilian authorities maintained effective control over the security forces. Members of the security forces committed numerous abuses throughout the year.

Government officials materially contributed to human rights abuses not only against Iranians, but also in Syria, through their military support for Syrian president Bashar Assad and Hizballah forces; in Iraq, through aid to pro-Iran Iraqi militia groups; and in Yemen, through support for Houthi rebels (see the Country Reports on Human Rights Practices for Syria, Iraq, and Yemen).

Significant human rights issues included: numerous reports of unlawful or arbitrary killings, most commonly executions for crimes not meeting the international legal standard of “most serious crimes” and without fair trials of individuals, including juvenile offenders; forced disappearance and torture by government agents, as well as systematic use of arbitrary detention and imprisonment; harsh and life-threatening prison conditions; hundreds of political prisoners and detainees; serious problems with independence of the judiciary, particularly the revolutionary courts; unlawful interference with privacy; severe restrictions on free expression, the press, and the internet, including violence, threats of violence, and unjustified arrests and prosecutions against journalists, censorship, site blocking, and criminalization of libel and slander; substantial interference with the freedom of peaceful assembly and freedom of association; severe restrictions on religious freedom; restrictions on political participation through arbitrary candidate vetting; widespread corruption at all levels of government; lack of meaningful investigation of and accountability for violence against women; unlawful recruitment of child soldiers by government actors to support the Assad regime in Syria; trafficking in persons; violence against ethnic minorities; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex persons; criminalization of consensual same-sex sexual conduct; significant restrictions on workers’ freedom of association; and the worst forms of child labor.

The government effectively took no steps to investigate, prosecute, punish, or otherwise hold accountable officials who committed these abuses, many of which were perpetrated as a matter of government policy. This included the killing of at least 304 persons during suppression of widespread protests in November 2019 and abuses and numerous suspicious deaths in custody from previous years. Impunity remained pervasive throughout all levels of the government and security forces.

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

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

The government and its agents reportedly committed arbitrary or unlawful killings, most commonly by execution after arrest and trial without due process, or for crimes that did not meet the international threshold of “most serious crimes.” Media and human rights groups also documented suspicious deaths while in custody or following beatings of protesters by security forces throughout the year.

As documented by international human rights observers, revolutionary courts continued to issue the vast majority of death sentences and failed to grant defendants due process. The courts denied defendants legal representation and in most cases solely considered as evidence confessions extracted through torture. Judges may also impose the death penalty on appeal, which deterred appeals in criminal cases. According to the nongovernmental organization (NGO) Human Rights Activists in Iran, the government did not disclose accurate numbers of those executed and kept secret as many as 60 percent of executions. As of October 12, NGOs Iran Human Rights Documentation Center (IHRDC), Human Rights News Activists (HRANA), and the Abdorrahman Boroumand Center reported there were close to 200 executions during the year, while the government officially announced only 36 executions in that time period. The government often did not release further information, such as names of those executed, execution dates, or crimes for which they were executed.

On December 12, according to widespread media reporting, authorities executed opposition journalist and activist Ruhollah Zam after sentencing him to death in June on five charges including “corruption on earth.” On December 8, the judiciary announced that the Supreme Court upheld a revolutionary court of Tehran’s death sentence. Zam was editor of a website and a popular channel on the social media platform Telegram called Amad News, which he managed from France, where he lived since 2011 under political asylum. Zam’s Telegram account had more than one million followers, and he used it to post information on Iranian officials and share logistics regarding protests in the country in 2017 and 2018. According to media reports, as part of an Iranian-led intelligence operation, Zam was lured to a business meeting in Iraq in 2019 and captured there by Iranian security agents. Zam appeared on state-affiliated news outlets soon after his detention and purportedly “confessed” to his alleged crimes, before an investigation or the judicial process had commenced. In February, Zam’s initial trial was held without the presence of a defense lawyer.

On September 12, according to Human Rights Watch (HRW) and widespread media reports, authorities executed professional wrestler Navid Afkari convicted of murdering a sanitation worker, who was also a law enforcement officer, during antigovernment protests in 2018 in Shiraz. Authorities arrested Afkari and his brother Vahid one month after the protests and charged them with taking part in illegal demonstrations, insulting the supreme leader, robbery, and “enmity against God.” In early September the Supreme Court upheld a death sentence imposed upon conviction by a criminal court in Shiraz against Navid and a 25-year prison sentence for Vahid convicted of assisting in the alleged murder, while simultaneously dismissing the brothers’ allegations that security officials obtained their confessions under torture and used as “evidence” against them a forced confession broadcast on state television Islamic Republic of Iran Broadcasting (IRIB). Five UN special rapporteurs condemned the execution as “summary” and concluded that it appeared to have been used by the government “as a warning to its population in a climate of increasing social unrest.” According to HRANA, on December 17, authorities arrested Afkari’s father and a different brother as they sought to clear a site in Fars Province to install a gravestone memorializing Navid Afkari’s death.

In March and April, thousands of prisoners in at least eight prisons across the country, many in provinces home to Ahwazi Arabs, staged protests regarding fears of contracting COVID-19. Prison authorities and security forces responded with live ammunition and tear gas to suppress the protests, killing approximately 35 prisoners and injuring hundreds of others, according to Amnesty International (see sections 1.b., 1.c., and 6, National/Racial/Ethnic Minorities).

UN human rights experts stated they were disturbed to hear authorities reacted to these prison riots by using “torture and ill-treatment that results in extrajudicial killings, or [through] executions.” In April, NGOs alleged authorities hastily executed political prisoner Mostafa Salimi, following his extradition from Iraq after escaping from prison during riots. Security forces initially arrested Salimi in 2003 and charged him with “enmity against God” for being a member of a Kurdish opposition party and allegedly engaging in armed conflict. On March 27, Salimi escaped during a riot that reportedly broke out due to the spread of the COVID-19 virus in Saqqez Prison. He crossed the border into the Iraqi Kurdistan Region before being extradited back to Iran without an opportunity to apply for asylum.

The Islamic penal code allows for the execution of juvenile offenders starting at age nine for girls and age 13 for boys, the legal age of maturity. The government continued to execute individuals sentenced for crimes committed before the age 18. In April, UN human rights experts expressed concern for the up to 90 individuals on death row for alleged offenses committed when they were younger than age 18.

According to widespread media, the United Nations, and NGO reports, in April authorities carried out two executions for conviction of crimes committed by juveniles. Majid Esmailzadeh, arrested in 2012 as a minor for allegedly committing murder, convicted, and executed in a prison in Ardabil Province. A few days later, authorities in Saqqez Prison executed by hanging Shayan Saeedpour for conviction of committing murder in 2015 when he was age 17. Saeedpour escaped from Saqqez Prison during COVID-19 related riots in March; he was rearrested a few days later.

On April 22, the UN High Commission for Human Rights (OHCHR) highlighted the death of Danial Zeinoalebedini, who died early April in prison from abuse while facing execution for a crime committed in 2017 when he was age 17. Security officials allegedly beat Zeinoalebedini to death in Miandoab Prison in West Azerbaijan Province after they transferred him from Mahabad Prison with other prisoners who had rioted because of COVID-19 concerns.

According to Amnesty International, authorities executed four persons in 2019 who were minors at the time of their alleged crimes–Amin Sedaghat, Mehdi Sohrabifar, Amir Ali Shadabi, and Touraj Aziz (Azizdeh) Ghassemi.

According to human rights organizations and media reports, the government continued to carry out some executions by torture, including hanging by cranes. Prisoners are lifted from the ground by their necks and die slowly by asphyxiation. In addition adultery remains punishable by death by stoning, although provincial authorities were reportedly ordered not to provide public information regarding stoning sentences since 2001, according to the NGO Justice for Iran.

Although the majority of executions during the year were reportedly for murder, the law also provides for the death penalty in cases of conviction for “attempts against the security of the state,” “outrage against high-ranking officials,” moharebeh (which has a variety of broad interpretations, including “waging war against God”), fisad fil-arz (corruption on earth, including apostasy or heresy, see section 1.e., Politically Motivated Reprisal Against Individuals located Outside the Country), rape, adultery, recidivist alcohol use, consensual same-sex sexual conduct, and “insults against the memory of Imam Khomeini and against the supreme leader of the Islamic Republic.” Capital punishment applies to the possession, sale, or transport of more than approximately 110 pounds of natural drugs, such as opium, or approximately 4.4 to 6.6 pounds of manufactured narcotics, such as heroin or cocaine. It also applies to some drug offenses involving smaller quantities of narcotics, if the crime is carried out using weapons, employing minors, or involving someone in a leadership role in a trafficking ring or who has previously been convicted of drug crimes and given a prison sentence of more than 15 years.

Prosecutors frequently used “waging war against God” as a capital offense against political dissidents and journalists, accusing them of “struggling against the precepts of Islam” and against the state that upholds those precepts. Authorities expanded the scope of this charge to include “working to undermine the Islamic establishment” and “cooperating with foreign agents or entities.”

The judiciary is required to review and validate death sentences.

In late November the Supreme Court reaffirmed the death sentence of dual national scientist Ahmadreza Djalali, leading observers to believe his execution was imminent. A court initially sentenced Djalali to death in 2017 on espionage charges. According UN experts, Djalali’s trial was “marred by numerous reports of due process and fair trial violations, including incommunicado detention, denial of access to a lawyer, and forced confession.”

On July 19, the Associated Press reported the Supreme Court announced it would suspend the execution of three young men who participated in 2019 protests and review their case. A revolutionary court sentenced Amirhossein Moradi, Mohammad Rajabi, and Saeed Tamjidi to death on charges of “participation in armed conflict,” “illegal exit from the country,” “attending protests,” and “sabotage.” NGOs reported the court denied their lawyers access to them during the investigation phase and that security officials tortured them. Moradi said authorities coerced him into giving a “confession” and broadcast it on state television, using it as evidence to convict them.

In a July report, the UN special rapporteur (UNSR) on the situation of human rights in the Islamic Republic of Iran Javaid Rehman expressed “deep concern” regarding the “lack of independent, transparent and prompt investigations into the events of November 2019.” Estimates from Amnesty International and Reuters found security forces killed between 300 and 1,500 persons across the country in response to demonstrations against a fuel price hike. Authorities reportedly used firearms, water cannons, tear gas, and snipers against the largely peaceful protesters. The United Nations noted that seven months following the protests, authorities had still not announced official death and injury figures.

There continued to be reports the government directly supported the Assad regime in Syria, primarily through the Islamic Revolutionary Guard Corps (IRGC), and recruited Iraqi, Afghan, and Pakistani Shia fighters, which contributed to prolonging the civil war and the deaths of thousands of Syrian civilians during the year (see the Country Reports on Human Rights Practices for Syria). According to IranWire, in June pro-Iranian militias reinforced Syrian regime forces undertaking operations against opposition groups in southwestern Syria. The Syrian Network for Human Rights attributed 89 percent of civilian deaths in Syria since the beginning of the conflict to government forces and Iranian-sponsored militias. Hackers linked to Iran continued cyberattacks against Syrian opposition groups in an effort to disrupt reporting on human rights violations.

The government directly supported certain pro-Iran militias operating inside Iraq, including terrorist organization Kata’ib Hizballah, which reportedly was complicit in summary executions, forced disappearances, and other human rights abuses of civilians in Iraq (see the Country Reports on Human Rights Practices for Iraq).

In May the UN Assistance Mission in Iraq reported that none of the “unidentified armed actors” responsible for 99 cases of abductions and disappearances of protesters and activists during protests across Iraq in October and November 2019 had been detained or tried. Activists blamed Iran-backed militia groups operating in Iraq for many of these deaths and abductions. Reuters reported that Kata’ib Hizballah member Abu Zainab al-Lami directed sniper shootings of peaceful Iraqi demonstrators during the 2019 protests.

Since 2015 the government has provided hundreds of millions of dollars in support to Houthi rebels in Yemen and proliferated weapons that exacerbated and prolonged the conflict. Houthi rebels used Iranian funding and weapons to launch attacks against civilians and civilian infrastructure both within Yemen and in Saudi Arabia (see the Country Reports on Human Rights Practices for Yemen).

b. Disappearance

There were reports of politically motivated abductions during the year attributed to government officials. Plainclothes officials seized lawyers, journalists and activists without warning, and government officials refused to acknowledge custody or provide information on them. In most cases the government made no efforts to prevent, investigate, or punish such acts.

In May, Amnesty International reported on the disappearance of four death row prisoners–Hossein Silawi, Ali Khasraji, and Naser Khafajian, members of the Ahwaz Arab minority, and Hedayat Abdollahpour, a member of the Kurdish minority. Family members feared the government executed them in secret. On March 31, Silawi, Khasraji, and Khafajian were transferred to an undisclosed location from Sheiban Prison in Ahvaz, Khuzestan Province (see sections 1.a., 1.c., and 6, National/Racial/Ethnic Minorities). On May 9, Hedayat Abdollahpour was transferred from the central prison in Orumiyeh, West Azerbaijan Province, to an unknown location.

In late June the Center for Human Rights in Iran (CHRI) reported authorities were holding human rights lawyer Payam Derafshan incommunicado at an undisclosed location since his arrest without a warrant at his office in Tehran on June 8. Derafshan’s lawyer told CHRI the court had opened a case against him on an unspecified charge and refused to allow him to select his own counsel. In May, Derafshan received a suspended sentence for charges of “insulting the supreme leader,” but his lawyer said the second arrest was not connected to that case. On July 8, Branch 26 of the Revolutionary Court sentenced him to two and a half years, later reduced to two years, for “propaganda against the state,” “spreading falsehoods,” and “unauthorized disclosure.” As of August he was reportedly in poor health.

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

Although the constitution prohibits all forms of torture “for the purpose of extracting confession or acquiring information,” use of physical and mental torture to coerce confessions remained prevalent, especially during pretrial detention. There were credible reports that security forces and prison personnel tortured and abused detainees and prisoners throughout the year.

Commonly reported methods of torture and abuse in prisons included threats of execution or rape, forced tests of virginity and “sodomy,” sleep deprivation, electroshock, including the shocking of genitals, burnings, the use of pressure positions, and severe and repeated beatings.

Human rights organizations frequently cited some prison facilities, including Evin Prison in Tehran, Rajai Shahr Prison in Karaj, Greater Tehran Penitentiary, Qarchak Prison, Adel Abad Prison, and Orumiyeh Prison for their use of cruel and prolonged torture of political opponents, particularly Wards 209 and Two of Evin Prison, reportedly controlled by the IRGC.

In March and April, the suppression of riots by security officials in at least eight prisons led to the deaths of approximately 35 prisoners and left hundreds of others injured (see sections 1.a. and 6, National/Racial/Ethnic Minorities).

According to a May report by Amnesty International, Hossein Sepanta, a prisoner in Adel Abad Prison in Shiraz, was severely beaten in 2019. Sepanta was already critically ill because authorities denied him proper treatment for his spinal cord disorder (syringomyelia). In July 2019 CHRI reported that in response to his hunger strike, prison authorities transferred Sepanta, a convert from Islam to Zoroastrianism, to the “punishment unit” inside Adel Abad Prison. According to a source inside the prison, an interrogator severely beat Sepanta, after which he trembled and had problems keeping his balance when walking. Sepanta is serving a 14-year sentence since 2013 on charges of “propaganda against the state” and “assembly and collusion against national security.”

According to a September 2 report by Amnesty International, police, intelligence agents, and prison officials used “widespread torture and other ill-treatment against men, women, and children” in detention following protests in November 2019. Methods of torture included severe beatings, forcible extraction of finger and toenails, electric shocks, mock executions, and sexual violence.

One anonymous protester interviewed by Amnesty stated that IRGC intelligence officials arrested him and several of his friends at a protest in November 2019. The security officers put him in the trunk of a car and took him to a detention center in Tehran, where they repeatedly kicked and punched him, suspended him from the ceiling, and administered electroshocks to his testicles. They subjected him twice to mock executions during which they informed him he had been sentenced to death by a court, placed a noose around his neck, and pushed a stool out from under his feet, only to have him fall to the ground instead of hang in the air. He was later convicted of a national security offense and sentenced to prison.

Authorities also allegedly maintained unofficial secret prisons and detention centers, outside the national prison system, where abuse reportedly occurred.

In early October according to media reports, videos posted on social media and apparently filmed in Tehran showed police beating detainees in pickup trucks in the middle of the street and forcing them to apologize for the “mistakes” they committed. On October 15, the judiciary announced a ban on the use of forced confessions, torture, and solitary confinement, and stressed the presumption of innocence and right to a lawyer. The judiciary chief called the public beatings a “violation of civil rights,” and stated measures would be taken to hold the violators responsible, according to online news website Bourse and Bazaar. There was no information on results of any investigation into the incident, and many of the purportedly banned activities continued to be reported after the order.

Judicially sanctioned corporal punishments continued. These included flogging, blinding, stoning, and amputation, which the government defends as “punishment,” not torture. Conviction of at least 148 crimes are punishable by flogging, while 20 may carry the penalty of amputation. According to the Abdorrahman Boroumand Foundation, from January 1 to September 24, authorities sentenced at least 237 individuals to amputation and carried out these sentences in at least 129 cases.

According to media and NGO reports, the Supreme Court upheld a lower court’s sentence ordering the amputation of all fingers on the right hand of four men convicted of theft, Hadi Rostami, Mehdi Sharafiyan, Mehdi Shahivand, and Kasra Karami. As of November 6, the men were held in Orumiyeh Prison in West Azerbaijan Province. There was no information available on whether the sentence was carried out.

According to the NGO Article 18, on October 14, authorities flogged Christian convert Mohammad Reza (Youhan) Omidi 80 times. A court had sentenced him to the flogging in 2016 for drinking wine as part of Holy Communion.

Authorities flogged four political prisoners in prisons across the country in the month of June, according to a report from Iran News Wire. On June 8, authorities flogged Azeri rights activists Ali Azizi and Eliar Hosseinzadeh for “disturbing public order,” by taking part in the November 2019 protests in the city of Orumiyeh. Prison officials at Greater Tehran Penitentiary flogged protester Mohamad Bagher Souri on the same day. Authorities flogged Tehran bus driver and labor activist Rasoul Taleb Moghadam 74 times for taking part in a peaceful Labor Day gathering outside parliament in 2019.

Extrajudicial punishments by authorities involving degrading public humiliation of alleged offenders were also frequently reported throughout the year. Authorities regularly forced alleged offenders to make videotaped confessions that the government later televised. According to the Foundation for the Defense of Democracies, on August 22, IRGC-affiliated Fars News posted a “documentary” on twin sisters Maryam and Matin Amiri, who had participated in “White Wednesday” demonstrations against mandatory veiling. The segment included a “confession” in which the women called themselves “naive, dumb, and passive” and “of weak personality,” for protesting hijab laws. Days after the segment aired, expatriate women’s rights activist and founder of the movement Masih Alinejad reported via Twitter a court sentenced the twins to 15 years in prison and that they were being held in solitary confinement.

Impunity remained a widespread problem within all security forces. Human rights groups frequently accused regular and paramilitary security forces, such as the Basij, of committing numerous human rights abuses, including torture, forced disappearances, and acts of violence against protesters and bystanders at public demonstrations. The government generally viewed protesters, critical journalists, and human rights activists as engaged in efforts to “undermine the 1979 revolution” and consequently did not seek to punish security force abuses against those persons, even when the abuses violated domestic law. According to Tehran prosecutor general Abbas Jafari-Dolatabadi, the attorney general is responsible for investigating and punishing security force abuses, but if any investigations took place, the process was not transparent, and there were few reports of government actions to discipline abusers.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care. Prisoner hunger strikes in protest of their treatment were frequent.

Physical Conditions: Overcrowding, long a problem in prisons with many prisoners forced to sleep on floors, in hallways, or in prison yards, became particularly acute following mass arrests during the November 2019 protests, according to comments by local government officials referenced in a July report by UNSR Rehman.

Overall conditions worsened significantly during the COVID-19 pandemic. According to a report by Amnesty International, which cited letters written by senior prison authorities, prisons had serious shortages of disinfectant products and protective equipment needed to address the spread of virus. The letters reportedly acknowledged many prisons held individuals with underlying health conditions, which increased their risk of complications if infected with COVID-19. Authorities announced that between late February and late May, they had temporarily released around 128,000 prisoners on furlough and pardoned another 10,000 in response to the outbreak. On July 15, as COVID-19 cases spiked again, the judiciary spokesperson announced the government had issued guidelines to facilitate a second round of furloughs. Prisoners of conscience were mostly excluded from these measures, including human rights defenders, foreign and dual nationals, environmentalists, individuals detained due to their religious beliefs, and persons arbitrarily detained in connection with the November 2019 protests.

There were reported deaths in custody and prisoner-on-prisoner violence, which authorities sometimes failed to control. In April, Amnesty International reported at least 35 prisoners were killed and others injured in at least eight prisons across the country when security officials used live ammunition and tear gas to suppress riots because of COVID-19 safety fears. As of December 8, the government had not investigated these events.

According to IranWire and human rights NGOs, guards beat both political and nonpolitical prisoners during raids on wards, performed nude body searches in front of other prisoners, and threatened prisoners’ families. In some instances, according to HRANA, guards singled out political prisoners for harsher treatment.

Prison authorities often refused to provide medical treatment for pre-existing conditions, injuries that prisoners suffered at the hands of prison authorities, or illnesses due to the poor sanitary conditions in prison. Human rights organizations reported that authorities used denial of medical care as a form of punishment for prisoners and as an intimidation tool against prisoners who filed complaints or challenged authorities. Medical services for female prisoners were reported as grossly inadequate.

An October 6 OHCHR statement expressed serious concern regarding a consistent pattern of the government denying medical treatment to detainees, including political prisoners, which was heightened during the year due to the spread of COVID-19 throughout prisons. The statement called for the unconditional release of human rights defenders, lawyers, political prisoners, peaceful protesters and all other individuals deprived of their liberty for expressing their views or otherwise exercising their rights.

The United Nations and NGOs have consistently reported other unsafe and unsanitary detention conditions in prisons, including contaminated food and water, frequent water and food shortages, rodent and insect infestations, shortages of bedding, intolerable heat, and poor ventilation.

There were no updates on the status of Gonabadi Sufi dervish women unjustly detained in Shahr-e Rey Prison on national security-related charges since 2018. The women were routinely denied urgently needed medical care and kept in unsanitary, inhuman conditions.

Authorities occasionally held pretrial detainees with convicted prisoners. According to a June 2019 report from IranWire, there was a noticeable increase from the previous two years of the practice of holding political prisoners in wards with allegedly violent and dangerous criminals, with the goal of “breaking” the political prisoners’ wills. A July report by UNSR Rehman noted that prisoners ordinarily held in wards controlled by the IRGC or Ministry of Intelligence were moved to public wards after the sharp increase in detainees following the November 2019 protests. Also, according to HRANA, juvenile detainees were held with adult prisoners in some prisons, including Saghez Central Prison in Kurdistan Province. Male juvenile detainees were held in separate rehabilitation centers in most urban areas, but female juvenile detainees and male juvenile detainees in rural areas were held alongside adults in segregated detention facilities, according to NGO reports.

IranWire reported multiple prisons across the country held older children who lived with their incarcerated mothers without access to medical care or educational and recreational facilities. Following the November 2019 protests, child detainees were reportedly held in the same cells as adults at a facility in Ahvaz due to overcrowding, according to UNSR Rehman.

There were numerous reports of prisoner suicides throughout the year in response to prison conditions or mistreatment. According to a September 27 IranWire report, Mohammad Ghaderi attempted suicide in May to escape continuous torture by IRGC intelligence agents. In June prisoners Farzin Nouri and Hadi Rostrami reportedly attempted suicide at Orumiyeh by consuming poison. In September, 20 prisoners attempted suicide within two weeks in Orumiyeh Central Prison in West Azerbaijan Province due to the horrific conditions in that prison. According to his wife, in May journalist and filmmaker Mohammad Nourizad, imprisoned since 2019 for signing an open letter with 13 others calling for the resignation of the supreme leader, attempted suicide in Vakilabad Prison in Mashhad. Authorities had prevented Nourizad from receiving a temporary furlough, being transferred to a prison closer to his home, and receiving regular telephone calls.

Administration: According to reports from human rights NGOs, prison authorities regularly denied prisoners access to an attorney of their choice, visitors, telephone calls, and other correspondence privileges. Prisoners practicing a religion other than Shia Islam reported experiencing discrimination.

Authorities did not initiate credible investigations into allegations of inhuman conditions or suspicious deaths in custody. Prisoners were able to submit complaints to judicial authorities but often faced censorship or retribution in the form of slander, beatings, torture, and denial of medical care and medication or furlough requests, as well as charges of additional crimes.

On October 23, HRW highlighted the cases of environmentalist Niloufar Bayani and student activist Parisa Rafiee, both of whom authorities charged with “publishing false information,” and “propaganda against the state,” for reporting abuse in detention.

Families of executed prisoners did not always receive notification of their scheduled executions, or if they did, it was often on very short notice. Authorities frequently denied families the ability to perform funeral rites or an impartial autopsy.

Independent Monitoring: The government did not permit independent monitoring of prison conditions. Prisoners and their families often wrote letters to authorities and, in some cases, to UN bodies to highlight and protest their treatment (see section 1.e., Political Prisoners and Detainees).

d. Arbitrary Arrest or Detention

Although the constitution prohibits arbitrary arrest and detention, the practices occurred frequently during the year. President Rouhani’s 2016 Citizens Rights Charter enumerates various freedoms, including “security of their person, property, dignity, employment, legal and judicial process, social security, and the like.” The government did not implement these provisions. Detainees may appeal their sentences in court but are not entitled to compensation for detention.

Arrest Procedures and Treatment of Detainees

The constitution and law require a warrant or subpoena for an arrest and state that arrested persons should be informed of the charges against them within 24 hours. Authorities, however, held some detainees, at times incommunicado, for prolonged periods without charge or trial and frequently denied them contact with family or timely access to legal representation.

The law obligates the government to provide indigent defendants with attorneys for certain types of crimes. The courts set prohibitively high bail, even for lesser crimes, and in many cases courts did not set bail. Authorities often compelled detainees and their families to submit property deeds to post bail, effectively silencing them due to fear of losing their families’ property.

The government continued to use house arrest without due process to restrict movement and communication. At year’s end former presidential candidates Mehdi Karroubi and Mir Hossein Mousavi, as well as Mousavi’s wife Zahra Rahnavard, remained under house arrest imposed in 2011 without formal charges. Security forces continued to restrict their access to visitors and information. In November it was reported that Mousavi and his wife had tested positive for COVID-19. Concerns persisted regarding Karroubi’s deteriorating health, reportedly exacerbated by his treatment by authorities.

Arbitrary Arrest: Authorities commonly used arbitrary arrests to impede alleged antiregime activities, including by conducting mass arrests of persons in the vicinity of antigovernment demonstrations. According to Amnesty International, these arrests sometimes included children and bystanders at protests and were conducted in an often violent manner, involving beating detainees. Plainclothes officers arrived unannounced at homes or offices; arrested persons; conducted raids; and confiscated private documents, passports, computers, electronic media, and other personal items without warrants or assurances of due process.

Individuals often remained in detention facilities for long periods without charges or trials, and authorities sometimes prevented them from informing others of their whereabouts for several days. Authorities often denied detainees’ access to legal counsel during this period.

According to a September report by Amnesty International, at least 7,000 persons were arrested in relation to the November 2019 protests, and at least 500 were subjected to criminal investigations on vague and unsubstantiated charges as of August, although Amnesty estimated the number to be “far higher.”

International media and human rights organizations documented frequent detentions of dual nationals–individuals who are citizens of both Iran and another country–for arbitrary and prolonged detention on politically motivated charges. UNSR Rehman continued to highlight cases of dual and foreign nationals who authorities had arrested arbitrarily and subjected to mistreatment, denial of appropriate medical treatment, or both. The UNSR noted most dual and foreign nationals did not benefit from temporary furloughs granted by authorities to many other prisoners. The UNSR previously concluded the government subjected dual and foreign nationals to “sham trials which have failed to meet basic fair trial standards and convicted them of offenses on the basis of fabricated evidence or, in some cases, no evidence at all, and has attempted to use them as diplomatic leverage.” Dual nationals, like other citizens, faced a variety of due process violations, including lack of prompt access to a lawyer of their choosing and brief trials during which they were not allowed to defend themselves.

Authorities continued to detain dual nationals Emad Sharghi and Siamak Namazi in Evin Prison on “espionage” charges following lower court trials with numerous procedural irregularities, according to international media and NGO reports. Sharghi was initially detained in April 2018 and released on bail in December of that year.  In December 2019 officials informed Sharghi he had been cleared of all charges, but he was re-arrested in December 2020 after having been convicted and sentenced in absentia. Authorities initially detained Namazi in 2015 along with his father, Baquer, who was granted medical furlough in 2018 but was not allowed to leave the country.

On February 23, the Bahai International Community stated that a Houthi court in Yemen was prosecuting a group of Bahai under “directives from Iranian authorities.” The Bahai prisoners were deported in July without a review of their citizenship status. Bahais continued to face arbitrary detention and harassment in Yemen throughout the year because of their religious affiliation (see the Country Reports on Human Rights Practices for Yemen).

Pretrial Detention: Pretrial detention was often arbitrarily lengthy, particularly in cases involving alleged violations of “national security” law. Authorities sometimes held persons incommunicado for lengthy periods before permitting them to contact family members. Instances of unjust and arbitrary pretrial detention were commonplace and well documented throughout the year involving numerous protesters and prisoners of conscience who were not granted furloughs despite the rampant spread of COVID-19 in prison. According to HRW, a judge may prolong detention at his discretion, and pretrial detentions often lasted for months. Often authorities held pretrial detainees in custody with the general prison population.

e. Denial of Fair Public Trial

The constitution provides that the judiciary be “an independent power” that is “free from every kind of unhealthy relation and connection.” The court system, however, was subjected to political influence, and judges were appointed “in accordance with religious criteria.”

The supreme leader appoints the head of the judiciary. The head of the judiciary, members of the Supreme Court, and the prosecutor general were clerics. International observers continued to criticize the lack of independence of the country’s judicial system and judges and maintained that trials disregarded international standards of fairness.

Trial Procedures

According to the constitution and law, a defendant has the right to a fair trial, to be presumed innocent until convicted, to have access to a lawyer of his or her choice, and to appeal convictions in most cases that involve major penalties. These rights were not upheld.

Panels of judges adjudicate trials in civil and criminal courts. Human rights activists reported trials in which authorities appeared to have determined the verdicts in advance, and defendants did not have the opportunity to confront their accusers or meet with lawyers. For journalists and defendants charged with crimes against national security, the law restricts the choice of attorneys to a government-approved list.

When postrevolutionary statutes do not address a situation, the government advised judges to give precedence to their knowledge and interpretation of sharia (Islamic law). Under this method judges may find a person guilty based on their own “divine knowledge.”

The constitution does not provide for the establishment or the mandate of the revolutionary courts. The courts were created pursuant to the former supreme leader Ayatollah Khomeini’s edict immediately following the 1979 revolution, with a sharia judge appointed as the head of the courts. They were intended as a temporary emergency measure to try high-level officials of the deposed monarchy and purge threats to the regime. The courts, however, became institutionalized and continue to operate in parallel to the criminal justice system. Human rights groups and international observers often identified the revolutionary courts, which are generally responsible for hearing the cases of political prisoners, as routinely employing grossly unfair trials without due process, handing down predetermined verdicts, and rubberstamping executions for political purposes. These unfair practices reportedly occur during all stages of criminal proceedings in revolutionary courts, including the initial prosecution and pretrial investigation, first instance trial, and review by higher courts.

The IRGC and Ministry of Intelligence reportedly determine many aspects of revolutionary court cases. Most of the important political cases are referred to a small number of branches of the revolutionary courts, whose judges often have negligible legal training and are not independent.

During the year human rights groups and international media noted the absence of procedural safeguards in criminal trials, and courts admitted as evidence confessions made under duress or torture. UNSR Rehman expressed concerns regarding allegations of confessions extracted by torture and a lack of due process or a fair trial, including in cases of persons arrested for participating in the November 2019 protests. In a July report, the UNSR cited unofficial reports documenting 75 court verdicts against protesters by April. For example, UNSR Rehman cited the case of Aref Zarei, whom a judge reportedly told not to bother hiring a lawyer because it would not help.

The Special Clerical Court is headed by a Shia Islamic legal scholar, overseen by the supreme leader, and charged with investigating alleged offenses committed by clerics and issuing rulings based on an independent interpretation of Islamic legal sources. As with the revolutionary courts, the constitution does not provide for the Special Clerical Court, which operates outside the judiciary’s purview. Clerical courts have been used to prosecute Shia clerics who expressed controversial ideas and participated in activities outside the sphere of religion, such as journalism or reformist political activities.

Political Prisoners and Detainees

Official statistics regarding the number of citizens imprisoned for their political beliefs were not available. According to United for Iran, as of October 18, an estimated 500 prisoners of conscience were held in the country, including those jailed for their religious beliefs.

The government often charged political dissidents with vague crimes, such as “antirevolutionary behavior,” “corruption on earth,” “siding with global arrogance,” “waging war against God,” and “crimes against Islam.” Prosecutors imposed strict penalties on government critics for minor violations.

The political crimes law defines a political crime as an insult against the government, as well as “the publication of lies.” Political crimes are those acts “committed with the intent of reforming the domestic or foreign policies of Iran,” while those with the intent to damage “the foundations of the regime” are considered national security crimes. The court and the Public Prosecutor’s Office retain responsibility for determining the nature of the crime.

The political crimes law grants the accused certain rights during arrest and imprisonment. Political criminals should be held in detention facilities separate from ordinary criminals. Political criminals should also be exempt from wearing prison uniforms, not subject to rules governing repeat offenses, not subject to extradition, and exempt from solitary confinement unless judicial officials deem it necessary. Political criminals also have the right to see and correspond with immediate family regularly and to access books, newspapers, radio, and television.

Many of the law’s provisions have not been implemented, and the government continued to arrest and charge students, journalists, lawyers, political activists, women’s activists, artists, and members of religious minorities with “national security” crimes that do not fall under the political crimes law. Political prisoners were also at greater risk of torture and abuse in detention. They were often mixed with the general prison population, and former prisoners reported that authorities often threatened political prisoners with transfer to criminal wards, where attacks by fellow prisoners were more likely. Human rights activists and international media reported cases of political prisoners confined with accused and convicted violent criminals, being moved to public wards in cases of overcrowding, and having temporary furloughs inequitably applied during the COVID-19 pandemic (see section 1.c., Physical Conditions). The government often placed political prisoners in prisons far from their families, denied them correspondence rights, and held them in solitary confinement for long periods.

The government reportedly held some detainees in prison for years on unfounded charges of sympathizing with real or alleged terrorist groups.

The government issued travel bans on some former political prisoners, barred them from working in their occupations for years after incarceration, and imposed internal exile on some. During the year authorities occasionally gave political prisoners suspended sentences and released them on bail with the understanding that renewed political activity would result in their return to prison. The government did not permit international humanitarian organizations or UN representatives access to political prisoners.

According to CHRI, on September 26, Iran Writers Association members Reza Khandan Mahabahi, Baktash Abtin, and Keyvan Bajan began serving prison sentences for “assembly and collusion against national security,” related to publishing documents objecting to censorship and organizing memorial ceremonies for association members killed by state agents in the 1990s.

Also according to CHRI, authorities arbitrarily extended a five-year prison sentence by two years against activist Atena Daemi, shortly before she was due to be released in July after serving the full term on “national security” charges and for insulting the supreme leader. The additional two-year sentence reportedly stemmed from Daemi singing a song in prison honoring executed prisoners.

On October 7, judicial authorities ordered the release of human rights defender and journalist Narges Mohammadi. Mohammadi was arrested in 2015 and sentenced by a revolutionary court to 16 years in prison for “propaganda against the state,” “assembly and collusion against national security,” and establishing the illegal Step by Step to Stop the Death Penalty organization. During her time in prison, authorities repeatedly denied her telephone contact with her family, as well as appropriate medical treatment related to a major operation she underwent in May 2019.

Lawyers who defended political prisoners were often arrested, detained, and subjected to excessive sentences and punishments for engaging in regular professional activities. The government continued to imprison lawyers and others affiliated with the Defenders of Human Rights Center advocacy group.

In June, CHRI reported that at least five human rights attorneys–Soheila Hejab, Payam Derafshan, Mohammad Nafari, Amirsalar Davoudi, and Nasrin Sotoudeh–were in prison for their human rights work. Hejab and Derafshan (see section 1.b.) were detained during the year. In late May security officials incarcerated Hejab on earlier charges of supporting dissident groups, after she had been temporarily freed in March. In November the Kurdish Human Rights Network reported authorities charged Hejab with additional crimes related to a letter she wrote from prison marking the first anniversary of the November 2019 protests.

On November 7, the judiciary reported it had temporarily released Nasrin Sotoudeh, amid reports her health was rapidly deteriorating. On December 2, she was returned to Qarchak Prison despite continuing health challenges. In March 2019 a revolutionary court sentenced Sotoudeh to a cumulative 38 years in prison and 148 lashes for providing legal defense services to women charged with crimes for not wearing hijab. Sotoudeh was previously arrested in 2010 and pardoned in 2013.

According to HRW, on February 18, a judiciary spokesperson announced a revolutionary court upheld prison sentences against eight environmentalists sentenced to between six to 10 years for conviction of various “national security” crimes. Authorities arrested the environmentalists, including United States-British-Iranian triple national Morad Tahbaz, in 2018 and convicted them following an unfair trial, in which the judge handed down the sentences in secret, did not allow access to defense lawyers, and ignored the defendants’ claims of abuse in detention.

Politically Motivated Reprisal against Individuals Located Outside the Country

There were credible reports that the government attempted to misuse international law enforcement tools for politically motivated purposes as reprisals against specific individuals located outside the country.

In August, Reuters reported Ministry of Intelligence officials detained Jamshid Sharmahd, a member of a promonarchist group “Tondar” (Thunder) or “Kingdom Assembly of Iran” based outside the country, which it accused of responsibility for a deadly 2008 bombing at a religious center in Shiraz and of plotting other attacks. A man who identified himself as Sharmahd appeared on Iranian television blindfolded and “admitted” to providing explosives to attackers in Shiraz. The ministry did not disclose how or where they detained Sharmahd. His son told Radio Free Europe that Sharmahd was likely captured in Dubai and taken to Iran.

In November al-Arabiya reported the former leader of the separatist group for Iran’s ethnic Arab in minority in Khuzestan Province, the Arab Struggle Movement for the Liberation of Ahwaz (ASMLA), Habib Asyud also known as Habib Chaab, who also holds Swedish citizenship, was arrested in Turkey and later resurfaced in Iran under unclear circumstances. Neither Turkey nor Sweden officially commented on Asyud’s case. The Iranian government holds ASMLA responsible for a terror attack in 2018 on a military parade that killed 25 individuals including civilians.

In October 2019 France-based Iranian activist Ruhollah Zam was abducted from Iraq. Iranian intelligence later took credit for the operation. Zam was executed in December (see Section 1.a.).

Civil Judicial Procedures and Remedies

Citizens had limited ability to sue the government and were not able to file lawsuits through the courts against the government for civil or human rights violations.

Property Restitution

The constitution allows the government to confiscate property acquired illicitly or in a manner not in conformity with Islamic law. The government appeared to target ethnic and religious minorities in invoking this provision.

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

The constitution states that “reputation, life, property, [and] dwelling[s]” are protected from trespass, except as “provided by law.” The government routinely infringed on this right. Security forces monitored the social activities of citizens, entered homes, offices, and places of worship, monitored telephone conversations and internet communications, and opened mail without court authorization. The government also routinely intimidated activists and government critics by detaining their family members as a form of reprisal.

On July 13, authorities arrested Manouchehr Bakhtiari for a second time related to activism on behalf of his son, Pouya, killed by security forces in the city of Karaj during the November 2019 demonstrations. The government previously detained 10 other members of Pouya Bakhtiari’s family, including his 11-year-old nephew and two of his elderly grandparents, to prevent them from holding a traditional memorial service for Bakhtiari 40 days after his death. According to media reports, in December Manouchehr Bakhtiari was released on bail.

According to international human rights organizations, the Ministry of Intelligence arrested and intimidated BBC employees’ family members, including elderly family members, based in Iran. The government also froze and seized assets of family members, demoted relatives employed by state-affiliated organizations, and confiscated passports. The government also compelled family members of journalists from other media outlets abroad to defame their relatives on state television.

On July 16, a revolutionary court in Tehran sentenced Alireza Alinejad, brother of expatriate activist Masih Alinejad, to eight years in prison for “national security” crimes, and for insulting the supreme leader and “propaganda against the regime.”

On August 17, security officials detained and questioned human rights attorney Nasrin Sotoudeh’s daughter, Mehraveh, on unspecified charges, according to CHRI. She was later released on bail.

There are currently no comprehensive data-protection laws in place in the country, therefore there are no legal safeguards for users to protect their data from misuse. The online sphere is heavily monitored by the state despite Article 37 of the nonbinding Citizens’ Rights Charter, which states that online privacy should be respected.

The operation of domestic messaging apps is based inside the country, leaving content shared on these apps more susceptible to government control and surveillance. Lack of data protection and privacy laws also mean there are no legal instruments providing protections against the misuse of apps data by authorities.

In January, Certfa Lab reported a series of phishing attacks from an Iranian hacker group known as Charming Kitten, which was allegedly affiliated with Iran’s intelligence services. According to the report, the phishing attacks targeted journalists as well as political and human rights activists.

In March, Google removed a COVID-19 app known as AC19 from the Google Play store. No official reason was provided concerning the app’s removal, although Iranian users raised concerns regarding the app’s security, in light of its collection of geolocation data, and a lack of transparency from the government as to why the data were being collected and how it was being used.

In March, Comparitech reported that data from 42 million Iranian Telegram accounts were leaked online. Telegram released a statement alleging the data came from the two unofficial Telegram apps Hotgram and Telegram Talaei, which became popular after the platform’s ban in the country. There were reports the two client apps have ties to the government and Iranian hacker group Charming Kitten.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, except when words are deemed “detrimental to the fundamental principles of Islam or the rights of the public.” According to the law, “anyone who engages in any type of propaganda against the Islamic Republic of Iran or in support of opposition groups and associations shall be sentenced to three months to one year of imprisonment.”

The Charter on Citizens’ Rights acknowledges the right of every citizen to freedom of speech and expression. The charter grants citizens the right to seek, receive, publish, and communicate views and information, using any means of communication; however, it has not been implemented.

The law provides for prosecution of persons accused of instigating crimes against the state or national security or “insulting” Islam. The government severely restricted freedom of speech and of the press and used the law to intimidate or prosecute persons who directly criticized the government or raised human rights problems, as well as to compel ordinary citizens to comply with the government’s moral code. The government’s failure to investigate or prosecute attacks on human rights defenders and peaceful protesters led to de facto restrictions on freedom of assembly and association.

Freedom of Speech: Authorities did not permit individuals to criticize publicly the country’s system of government, supreme leader, or official religion. Security forces and the judiciary punished those who violated these restrictions, as well as those who publicly criticized the president, cabinet, and parliament. A July UN report noted continued government efforts to “suppress” freedom of expression in the country.

The government monitored meetings, movements, and communications of its citizens and often charged persons with crimes against national security and for insulting the regime, citing as evidence letters, emails, and other public and private communications. Authorities threatened arrest or punishment for the expression of ideas or images they viewed as violations of the legal moral code.

In March, Mehdi Hajati, a former member of the Shiraz City Council, was arrested for criticizing the government’s response to the outbreak of COVID-19 on Twitter.

According to Reporters Without Borders (RSF), in July authorities arrested Farangis Mazloom, the mother of imprisoned photojournalist Soheil Arabi, and in October sentenced her to 18 months in prison on charges of “meeting and plotting against the national security” and antigovernment propaganda, presumably as a result of activism on behalf of her son. Arabi has been imprisoned since 2013 on blasphemy and other expression-related charges. According to Mazloom, in October Evin Prison authorities moved her son to solitary confinement.

Several activists, including Zahra Jamali and Mohammad Nourizad, who signed letters calling on the supreme leader to step down in June and August 2019 remained in prison during the year on charges of “propaganda against the state” and “collusion against national security.”

Freedom of Press and Media, Including Online Media: The government’s Press Supervisory Board issues press licenses, which it sometimes revoked in response to articles critical of the government or the regime, or it did not renew them for individuals facing criminal charges or incarcerated for political reasons. During the year the government banned, blocked, closed, or censored publications deemed critical of officials.

The Ministry of Culture and Islamic Guidance (Ershad) severely limited and controlled foreign media organizations’ ability to work in the country. The ministry required foreign correspondents to provide detailed travel plans and topics of proposed stories before granting visas, limited their ability to travel within the country, and forced them to work with a local “minder.”

Under the constitution private broadcasting is illegal. The government maintained a monopoly over all television and radio broadcasting facilities through IRIB, a government agency. Radio and television programming, the principal source of news for many citizens, particularly in rural areas with limited internet access, reflected the government’s political and socioreligious ideology. The government jammed satellite broadcasts as signals entered the country, a continuous practice since at least 2003. Satellite dishes remained illegal but ubiquitous. Those who distributed, used, or repaired satellite dishes faced fines. Police, using warrants provided by the judiciary, conducted periodic campaigns to confiscate privately owned satellite dishes throughout the country.

Under the constitution the supreme leader appoints the head of the Audiovisual Policy Agency, a council composed of representatives of the president, judiciary, and parliament. The Ministry of Culture reviews all potential publications, including foreign printed materials, prior to their domestic release and may deem books unpublishable, remove text, or require word substitutions for terms deemed inappropriate.

Independent print media companies existed, but the government severely limited their operations.

RSF reported citizen journalist and writer Payman Farhangian was sentenced to 38 years in prison on charges of antigovernment publicity and “creating a group of more than two persons on ([the messaging service) Signal in order to endanger national security,” related to posts supportive of the labor movement. His lawyer said he appealed the sentence.

In April, Masoud Heydari and Hamid Haghjoo, the managing director and the Telegram channel administrator at the semiofficial Iranian Labor News Agency (ILNA), were arrested following the alleged posting of a cartoon mocking COVID-19 remedies prescribed by religious leaders. ILNA officials denied publishing the cartoon and said they were falsely accused. Heydari was released on bail while Haghjoo was detained pending investigation into the case; there were no updates as of year’s end.

In August, Mostafa Moheb Kia, a journalist with the monthly political magazine Iran Farda, was sentenced to six months in prison for “antigovernment propaganda” and “meeting and plotting against national security.” His sentence came three weeks after a revolutionary court in Tehran confirmed the three-year jail sentence of Iran Fardas 72-year-old editor Kayvan Samimi Behbahani. On December 15, Samimi was reportedly jailed.

On August 18, Nader Fatourehchi, a freelance journalist who reported on high-level corruption in the government, self-reported on Twitter that he was sentenced to one year in prison and a suspended sentence for three years, on a charge of “stirring up public opinion against government institutions, officials and organizations.”

Violence and Harassment: The government and its agents harassed, detained, abused, and prosecuted publishers, editors, and journalists, including those involved in internet-based media, for their reporting. The government also harassed many journalists’ families.

According to information provided by Journalism is not a Crime, an organization devoted to documenting freedom of the press in the country, at least 78 journalists or citizen-journalists were imprisoned as of November, a significant increase from 2019.

Authorities banned national and international media outlets from covering demonstrations in an attempt to censor coverage of protests and intimidate citizens from disseminating information about them. As of November 13, Shargh journalist Marzieh Amiri was reportedly released from detention after being sentenced in December 2019 on national security charges to five years in prison (reduced from an original sentence of 10 years and 148 lashes) for covering labor protests.

Censorship or Content Restrictions: The law forbids government censorship but also prohibits dissemination of information the government considers “damaging.” During the year the government censored publications that criticized official actions or contradicted official views or versions of events. “Damaging” information included discussions of women’s rights, the situation of minorities, criticism of government corruption, and references to mistreatment of detainees.

Officials routinely intimidated journalists into practicing self-censorship through arrests and imprisonments. Public officials often filed criminal complaints against newspapers, and the Press Supervisory Board, which regulates media content and publication, referred such complaints to the Press Court for further action, including possible closure, suspension, and fines. The Islamic Republic News Agency (IRNA) determined the main topics and types of news to be covered and distributed topics required for reporting directly to various media outlets, according to the IHRDC.

According to Freedom House, during the November 2019 protests and subsequent internet shutdown, journalists and media were issued official guidelines from the Ministry of Intelligence and Ministry of Culture and Islamic Guidance on how to cover the protests. The ministries threatened journalists with criminal prosecution if they strayed from official guidance, which instructed that the protests not be made into “headline news” and should be portrayed as civil protests while minimizing the extent of violence.

As the outbreak of COVID-19 escalated, the head of the Cyber Police (known as FATA), Commander Vahid Majid, announced the establishment of a working group for “combatting online rumors” relating to the spread of the virus. In April a military spokesman said authorities had arrested 3,600 individuals for spreading COVID-19 “rumors” online, with no clear guidance on what authorities considered a “rumor.”

Libel/Slander Laws: The government commonly used libel and slander laws or cited national security to suppress criticism. According to the law, if any publication contains personal insults, libel, false statements, or criticism, the insulted individual has the right to respond in the publication within one month. By law “insult” or “libel” against the government, government representatives, or foreign officials while they are in the country, as well as “the publication of lies” with the intent to alter but not overthrow the government, are considered political crimes and subject to certain trial and detention procedures (see section 1.e.). The government applied the law throughout the year, often citing statements made in various media outlets or on internet platforms that criticized the government, in the arrest, prosecution, and sentencing of individuals for crimes against national security. According to the Committee to Protect Journalists, in February a Tehran court found guilty editors-in-chief of three news sites on “defamation” charges filed by a state-owned gas company.

National Security: As noted above, authorities routinely cited laws on protecting national security to arrest or punish critics of the government or to deter criticism of government policies or officials.

On September 2, a revolutionary court in Tehran reportedly sentenced journalist Mohammad Mosaed to more than four years in prison, a two-year ban on journalistic activities, and a two-year ban on using any communications devices, according to the Committee to Protect Journalists. Prosecutors charged Mosaed with “colluding against national security” for activities in 2019 including posting on the internet during a government-implemented internet shutdown.

Internet Freedom

The Ministries of Culture and of Information and Communications Technology are the main regulatory bodies for content and internet systems and maintain monopoly control over internet traffic flowing in and out of the country. The Office of the Supreme Leader also includes the Supreme Council of Cyberspace, charged with regulating content and systems. The government collected personally identifiable information in connection with citizens’ peaceful expression of political, religious, or ideological opinion or beliefs.

The law makes it illegal to distribute circumvention tools and virtual private networks, and Minister of Information and Communications Technology Mohammad Javad Azari-Jahromi was quoted in the press stating that using circumvention tools is illegal.

The Ministry of Culture and Islamic Guidance must approve all internet service providers. The government also requires all owners of websites and blogs in the country to register with the agencies that comprise the Commission to Determine the Instances of Criminal Content (also referred to as the Committee in Charge of Determining Unauthorized Websites or Committee in Charge of Determining Offensive Content), the governmental organization that determines censoring criteria. These agencies include the Ministry of Culture and Islamic Guidance, Ministry of Information and Communications Technology, the Ministry of Intelligence, and the Tehran Public Prosecutor’s Office.

Ministry of Information and Communications Technology regulations prohibit households and cybercafes from having high-speed internet access.

The government restricted and disrupted access to the global internet, including fully blocking access for almost one week during nationwide protests in November 2019. There were reports the government again slowed internet access on December 25, approximately 40 days after the protests began, which media and NGO reports noted would correspond to memorial ceremonies for the victims. The Ministry of Information and Communications Technology denied reports of an internet shutdown in December.

Authorities blocked access to independent news sites and a number of social media and communication platforms deemed critical of the state, and continued to monitor private online communications and censor online content. Individuals and groups practiced self-censorship online.

According to Freedom House, authorities employed a centralized filtering system that can effectively block a website within a few hours across the entire network. Private internet service providers (ISPs) were forced to either use the bandwidth provided by the government or route traffic containing site-visit requests through government-issued filtering boxes developed by software companies within the country.

The government continued to implement the National Information Network (NIN, also known as SHOMA). As described by Freedom House, SHOMA enabled the government to reduce foreign internet connection speeds during politically sensitive periods, disconnect the network from global internet content, and disrupt circumvention tools. According to Freedom House, a number of domestically hosted websites such as national online banking services, domestic messaging apps, and hospital networks were able to remain online using the NIN infrastructure while global traffic was disconnected during the November 2019 protests.

Authorities restricted access to tens of thousands of websites, particularly those of international news and information services, the political opposition, ethnic and religious minority groups, and human rights organizations. They continued to block online messaging tools, such as Facebook, YouTube, and Twitter, although the government operated Twitter accounts under the names of Supreme Leader Khamenei, President Rouhani, Foreign Minister Zarif, and other government-associated officials and entities, including after shutting down most of the country’s internet access during the November demonstrations. According to Freedom House, websites are blocked if they contradict state doctrine regarding Islam, as well as government narratives on domestic or international politics. News stories that cover friction among political institutions are also frequently censored.

In October 2019 a letter signed by Javad Javidnia, the former deputy prosecutor general responsible for cyberspace, and secretary to the Committee to Determine Instances of Criminal Content (CDICC), was sent to ISPs asking them to block the official Android app store and the Google Play store “as soon as possible.” The letter stated that the CDICC made the decision “in accordance with Article 749 of the Islamic Penal Code relating to computer crimes.” Article 749 requires all ISPs to filter any content determined by the CDICC as criminal content. Resistance in complying with this article results in the termination of the ISP or in some cases a financial penalty.

Government organizations, including the Basij Cyber Council, the Cyber Police, and the Cyber Army, which observers presumed to be controlled by the IRGC, monitored, identified, and countered alleged cyberthreats to national security. These organizations especially targeted citizens’ activities on officially banned social networking websites such as Telegram, Facebook, Twitter, YouTube, and Flickr, and they reportedly harassed persons who criticized the government or raised sensitive social problems.

The popular messaging app Telegram remained blocked during the year, although it continued to be accessed using circumvention tools.

According to Freedom House, significant internet disruptions were observed as protests broke out in the aftermath of the military’s January 8 accidental shooting down of airliner Ukraine International Airlines Flight PS752. Access to the messaging app WhatsApp was also disrupted during this time.

In February extensive network disruptions impacted the country, which the Ministry of Information claimed to be due to a DDoS attack originating from outside the country, although they did not provide information to verify this claim.

In early March as the country was battling outbreaks of COVID-19, reports confirmed that access to Persian Wikipedia had been blocked using the same method used for blocking Telegram and Facebook, although officials did not comment on the incident.

In July further network disruptions were reported following protests against the government’s foreign policy and the continuing economic crisis in Khuzestan Province. The same month, network disruptions were reported for three hours as online users used hashtags on social media to speak out against death sentences handed down to three men who participated in the 2019 protests.

In September the Tehran Province chief justice issued a directive establishing specialized court branches to handle cases against cyberspace businesses, according to a November report by Iran-based technology news website Peyvast. The directive instructed courts to prosecute the users of “user-centric software” for illegal content, rather than the owners of the technology platforms on which the content was published.

Contrary to the directive, in late October, Judge Mohammad Moghisseh of Tehran Revolutionary Court Branch 28 sentenced Aparat CEO Mohammad Javad Shakouri-Moghadam to a total of 12 years in prison for “encouraging corruption,” “publishing vulgar content,” and “propaganda against the regime,” for a 2019 video posted on the platform in which a reporter asked children in Tehran if they knew how they were born. Shakouri-Moghadam appealed the ruling and was freed on bail.

Bloggers, social media users, and online journalists continued to be arrested. In April popular Instagram couple Ahmad Moin-Shirazi, a former world kickboxing champion, and his wife Shabnam Shahrokhi reported they were sentenced in absentia for charges of “propaganda against the regime” and “spreading obscene and vulgar content” related to posts on social media.

In May police confirmed the arrest of parkour athlete Alireza Japalaghy and an unnamed woman for “advocating vice,” after Japalaghy posted photos of them embracing that went viral on social media. Japalaghy was later released and reportedly fled the country. The woman’s whereabouts were unknown.

The government uses an extensive digital propaganda apparatus, backing numerous initiatives to promote blogging among its supporters. Following the January death of IRGC-Quds Force commander Qasem Soleimani, a number of Twitter accounts claiming to be located in Iran began tweeting using hashtags such as #hardrevenge and images of Soleimani.

Academic Freedom and Cultural Events

The government significantly restricted academic freedom and the independence of higher education institutions. Authorities systematically targeted university campuses to suppress social and political activism by banning independent student organizations, imprisoning student activists, removing faculty, preventing students from enrolling or continuing their education because of their political or religious affiliation or activism, and restricting social sciences and humanities curricula.

Authorities barred Bahai students from higher education and harassed those who studied through the unrecognized online university of the Bahai Institute for Higher Education.

The government maintained control over cinema, music, theater, and art exhibits and censored those productions deemed to transgress Islamic values. The government censored or banned films deemed to promote secularism, non-Islamic ideas concerning women’s rights, unethical behavior, drug abuse, violence, or alcoholism.

According to the IHRDC, the nine-member film review council of the Ministry of Culture and Islamic Guidance, consisting of clerics, former directors, former parliamentarians, and academics, must approve the content of every film before production and again before screening. Films may be barred arbitrarily from screening even if all the appropriate permits were received in advance.

In March media and NGOs reported authorities summoned filmmaker Mohammad Rasoulof to prison to serve a one-year sentence, although his lawyer advised him not to turn himself in due to the coronavirus outbreak. In July 2019 CHRI reported that a court sentenced Rasoulof to one year in prison for the content of his films. According to Rasoulof, the accusations made against him in court focused on films he made examining the government’s repression of members of the Bahai faith. Since 2017 authorities have banned Rasoulof from leaving the country and making films. Similarly, film director Jafar Panahi has been barred from traveling since 2010, when he was charged with generating “propaganda against the Islamic Republic.”

Officials continued to discourage teaching music in schools. Authorities considered heavy metal and foreign music religiously offensive, and police continued to repress underground concerts and arrest musicians and music distributors. The Ministry of Culture must officially approve song lyrics, music, and album covers as complying with the country’s moral values, although many underground musicians released albums without seeking such permission.

In August authorities reportedly arrested musician Mehdi Rajabian on “immorality” charges related to the release of an album and publication of a video on which he worked with female musicians and dancers. Rajabian was arrested on at least two previous occasions for his work.

b. Freedoms of Peaceful Assembly and Association

The government severely restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The constitution permits assemblies and marches of unarmed persons, “provided they do not violate the principles of Islam.” To prevent activities it considered antiregime, the government restricted this right and closely monitored gatherings such as public entertainment and lectures, student and women’s meetings and protests, meetings and worship services of minority religious groups, labor protests, online gatherings and networking, funeral processions, and Friday prayer gatherings.

According to activists, the government arbitrarily applied rules governing permits to assemble, as proregime groups rarely experienced difficulty, while groups viewed as critical of the regime experienced harassment regardless of whether authorities issued a permit.

Protests against government corruption and economic mismanagement continued throughout the year, as did labor-sector protests and protests against the country’s compulsory hijab laws. In a July report, UNSR Rehman stated he was “gravely concerned at the unprecedented use of excessive force” against peaceful protesters in the country and noted a “trend…of suppressing the legitimate exercise of freedom of expression and assembly.”

The United Nations expressed particular concern regarding the government’s excessive use of force in January against protesters in several cities who had gathered to express discontent with how the government handled an investigation into the shooting down of a Ukrainian airliner by military forces. According to the UN’s investigation, “eyewitness testimonies and footage indicated that, on January 11 and 12, security forces had again used excessive force against protesters by firing pointed pellets, rubber bullets and teargas, causing injuries. Security forces also used pepper spray and batons and fired tear gas into an enclosed Tehran metro station. Injured protesters either chose not to go to hospitals or were turned away due to fear of their arrest. Security forces reportedly maintained a strong presence in hospitals and tried to transfer some protesters to military hospitals. Student protesters at several universities were also reportedly arrested and assaulted.” The government undertook no credible investigations of these allegations.

In July local security forces used tear gas to disperse economic protests in the southwestern cities of Behbahan and Shiraz, which also were related to news that a court upheld death sentences against three men who participated in separate protests earlier in the year. Police warned they would deal “decisively” with further demonstrations.

The government did not investigate the killing of at least 304 protesters by security forces in November 2019 (see section 1.a.).

Freedom of Association

The constitution provides for the establishment of political parties, professional and political associations, and Islamic and recognized religious minority organizations, as long as such groups do not violate the principles of freedom, sovereignty, national unity, or Islamic criteria, or question Islam as the basis of the country’s system of government. The government limited the freedom of association through threats, intimidation, the imposition of arbitrary requirements on organizations, and the arrests of group leaders and members (see section 7). The government continued to broaden arbitrarily the areas of civil society work it deemed unacceptable, to include conservation and environmental efforts (see section 1.d.).

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, with some exceptions, particularly concerning migrants and women.

In-country Movement: Judicial sentences sometimes included internal exile after release from prison, which prevented individuals from traveling to certain provinces. Women often required the supervision of a male guardian or chaperone to travel and faced official and societal harassment for traveling alone.

Foreign Travel: The government required exit permits for foreign travel for all citizens. Citizens who were educated at government expense or received scholarships had either to repay the scholarship or receive a temporary permit to exit the country. The government restricted the foreign travel of some religious leaders, members of religious minorities, and scientists in sensitive fields.

Numerous journalists, academics, opposition politicians, human and women’s rights activists, and artists remained subject to foreign travel bans and had their passports confiscated during the year. Married women were not allowed to travel outside the country without prior permission from their husbands.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) with regard to refugees from Afghanistan and Iraq. According to the UN High Commissioner for Refugees (UNHCR), the government recognized 951,142 Afghans under a system known as Amayesh, through which authorities provide refugees with cards identifying them as de facto refugees. The cards enable refugees to access basic services, facilitate the issuance of work permits, and serve as a safeguard against arrest and deportation. Amayesh cardholders must obtain permission for any travel outside their province of registration. In late July the Amayesh re-registration exercise started and expanded the eligibility criteria for Amayesh card renewal to include those who missed the four previous rounds. Undocumented spouses and family members of Amayesh cardholders are reportedly also able to enroll. NGO sources reported Amayesh cards, which are valid only for one year, were increasingly difficult to renew and prohibitively expensive for refugees to maintain, due to increased annual renewal fees. In addition to registered refugees, the government hosted some 450,000 Afghans who hold Afghan passports and Iranian visas and an estimated 1.5 to two million undocumented Afghans. The country also hosted 28,268 Iraqi refugees.

Abuse of Migrants, Refugees, and Stateless Persons: HRW and other groups reported the government continued its mistreatment of many Afghans, including physical abuse by security forces, deportations, forced recruitment to fight in Syria, detention in unsanitary and inhuman conditions, forced payment for transportation to and accommodation in deportation camps, forced labor, forced separation from families, restricted movement within the country, and restricted access to education or jobs.

On May 1, Iranian border guards reportedly forced a group of 57 Afghan migrant workers they had detained entering the country into a fast-flowing river near Zulfiqar at gunpoint. According to a Reuters report sourced to Afghan lawmakers investigating the incident, at least 45 of the men drowned. There was no information regarding the status of a joint investigation into the incident by the Iranian and Afghan governments.

Refoulement: According to activist groups and NGOs, authorities routinely arrested Afghans without Amayesh cards and sometimes threatened them with deportation. According to the International Organization for Migration, from the beginning of the year to October 24, Iran deported 249,807 Afghans to Afghanistan and an additional 416,450 undocumented Afghans returned to Afghanistan, with some claiming they were pressured to leave or left due to abuse by police or state authorities.

Access to Asylum: The law provides for the granting of asylum or refugee status to qualified applicants. While the government reportedly has a system for providing protection to refugees, UNHCR did not have information regarding how the country made asylum determinations. According to HRW, the government blocked many Afghans from registering to obtain refugee status.

Afghans not registered under the Amayesh system who had migrated during past decades of conflict in their home country continued to be denied access to an asylum system or access to register with UNHCR as refugees. NGOs reported many of these displaced asylum seekers believed they were pressured to leave the country but could not return to Afghanistan because of the security situation in their home provinces.

Freedom of Movement: Refugees faced certain restrictions on in-country movement and faced restrictions from entering certain provinces, according to UNHCR. They could apply for laissez-passer documents allowing them to move among those provinces where Afghans were allowed to go.

Employment: Only refugees with government-issued work permits were able to work.

Access to Basic Services: Amayesh cardholders had access to education and health care, including vaccinations, prenatal care, maternal and child health, and family planning from the Ministry of Health. All registered refugees may enroll in a basic health insurance package similar to the package afforded to citizens, which covered hospitalization and paraclinical services (medicine, doctor’s visits, radiology, etc.). During the year UNHCR covered the insurance premium for 92,000 of the most vulnerable refugees, including refugees who suffer from special diseases and their families. The remaining refugee population may enroll in health insurance by paying the premium themselves during four enrollment windows throughout the year.

The government claimed to grant Afghan children access to schools. More than 480,000 Afghan children were enrolled in primary and secondary schools, including 130,000 undocumented children. According to media reporting, however, Afghans continued to have difficulty gaining access to education.

Most provinces’ residency limitations on refugees effectively denied them access to public services, such as public housing, in the restricted areas of those provinces.

g. Stateless Persons

There were no accurate numbers on how many stateless persons resided in the country. Persons without birth registration, identity documents, or refugee identification were at a heightened risk of statelessness. They were subjected to inconsistent government policies and relied on charities, principally domestic, to obtain medical care and schooling. Authorities did not issue formal government support or travel documents to stateless persons.

In June a law passed in October 2019 entered into force granting Iranian citizenship to the children of Iranian women married to foreign men (see section 6, Children). Previously, female citizens married to foreign men were not able to transmit citizenship to their children, unlike male citizens, whose children and spouses receive citizenship automatically. As a result of this disparity, between 400,000 and one million children of the more than 150,000 Iranian women married to foreign men lacked Iranian nationality, according to media reporting. These dependents could only apply for citizenship after they lived in Iran for at least 18 years. Under the law, the children of Iranian women and foreign men qualify for citizenship, although it is not automatic; the mother must submit an application for them. Children who turn 18 may apply for nationality themselves, even if their mother is deceased. Foreign men married to Iranian women may receive legal residency.

Human rights activists noted concern that the amended law requires the Ministry of Intelligence and the IRGC’s Intelligence Organization to certify that no “security problem” exists before approving citizenship for these specific applications, and this vaguely defined security provision could be used arbitrarily to disqualify applicants if they or their parents are seen as critical of the government.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose the president, as well as members of the Assembly of Experts and parliament, provided all have been vetted and approved by the Guardian Council. Elections are based on universal suffrage. Candidate vetting conducted by unelected bodies, however, abridged this right in all instances. Reported government constraints on freedom of expression and media; peaceful assembly; association; and the ability freely to seek, receive, and impart information and campaign also limited citizens’ right to choose freely their representatives in elections.

The Assembly of Experts, which is composed of 86 popularly elected clerics who serve eight-year terms, elects the supreme leader, who acts as the de facto head of state and may be removed only by a vote of the assembly. The Guardian Council vets and qualifies candidates for all Assembly of Experts, presidential, and parliamentary elections, based on criteria that include candidates’ allegiance to the state and adherence to Shia Islam. The council consists of six clerics appointed by the supreme leader and six jurists nominated by the head of the judiciary (who is appointed by the supreme leader) and approved by parliament.

Observers noted that the supreme leader’s public commentary on state policy exerted significant influence over the actions of elected officials.

Elections and Political Participation

Recent Elections: Parliamentary elections held in February continued to fall short of international standards for free and fair elections, primarily because of the Guardian Council’s controlling role in the political process, including determining which individuals could run for office and, in certain instances, arbitrarily removing winning candidates. The Guardian Council disqualified 7,296 candidates of the 14,500 who registered to run, according to the Atlantic Council. The disqualifications prevented reformist candidates from contesting 230 of parliament’s 290 seats. According to observers, the freedom and fairness of the electoral environment was significantly diminished by widespread government crackdowns on protests in November 2019 and in January.

Presidential and local council elections were held in 2017. In 2017 the Guardian Council approved six Shia male candidates for president from a total candidate pool of 1,636 individuals. Voters re-elected Hassan Rouhani as president.

Candidates for local elections were vetted by monitoring boards established by parliament, resulting in the disqualification of a number of applicants. Observers asserted that reformist candidates such as Abdollah Momeni, Ali Tajernia, and Nasrin Vaziri, previously imprisoned for peacefully protesting the 2009 election, were not allowed to run due to their political views.

Political Parties and Political Participation: The constitution provides for the formation of political parties, but the Interior Ministry granted licenses only to parties deemed to adhere to the “governance of the jurist” system of government embodied in the constitution. Registered political organizations that adhered to the system generally operated without restriction, but most were small, focused around an individual, and without nationwide membership. Members of political parties and persons with any political affiliation that the regime deemed unacceptable faced harassment and sometimes violence and imprisonment. The government maintained bans on several opposition organizations and political parties. Security officials continued to harass, intimidate, and arrest members of the political opposition and some reformists (see section 1.e.).

Participation of Women and Members of Minority Groups: Women faced significant legal, religious, and cultural barriers to political participation. According to the Guardian Council’s interpretation, the constitution bars women, as well as persons of foreign origin, from serving as supreme leader or president, as members of the Assembly of Experts, the Guardian Council, or the Expediency Council, and as certain types of judges.

In an October 10 press conference, Guardian Council spokesperson Abbas Ali Kadkhodaei claimed there was no prohibition on women running for president in the 2021 election. The Guardian Council disqualified all 137 women who registered as candidates for the 2017 presidential election. Almost 18,000 female candidates, or 6.3 percent of all candidates, were permitted to run for positions in the 2017 local elections.

All cabinet-level ministers were men. A limited number of women held senior government positions, including that of vice president for legal affairs and vice president for women and family affairs. According to the World Bank, women make up 6 percent of members of parliament.

On December 5, Fars News reported that Branch 15 of the Tehran Revolutionary Court sentenced former vice president for women and family affairs Shahindokht Molaverdi to 30 months in prison. Fars stated the sentence included two years on charges of divulging “classified information and documents with the intent of disrupting national security” and six months for “propaganda against the sacred regime of the Islamic Republic of Iran.” Observers noted Molaverdi had over the years defended the right of women to attend sporting events in stadiums, criticized the marriage of girls younger than age 15, and been involved in other high-profile issues. Fars reported Branch 2 of Tehran’s Criminal Court also sentenced Molaverdi for encouraging “corruption, prostitution, and sexual deviance.” Similar charges were brought in the past against individuals flouting mandatory hijab laws or encouraging others to do so. On December 5, Molaverdi announced that she would appeal the verdicts.

Practitioners of a religion other than Shia Islam are barred from serving as supreme leader or president, as well as from being a member in the Assembly of Experts, Guardian Council, or Expediency Council. There are two seats reserved in parliament for Armenian Christians, one for Assyrian and Chaldean Christians together, one for Jews, and one for Zoroastrians. There were no non-Muslims in the cabinet or on the Supreme Court.

In 2018 the Expediency Council, the country’s highest arbiter of disputes between the parliament and the Guardian Council over legislation, amended the Law on the Formation, Duties, and Election of National Islamic Councils to affirm the right of constitutionally recognized religious minorities to run in local elections.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but the government implemented the law arbitrarily, sometimes pursuing apparently legitimate corruption cases against officials, while at other times, bringing politically motivated charges against regime critics or political opponents. Officials continued to engage in corrupt practices with impunity. Many expected bribes for providing routine services or received bonuses outside their regular work, and individuals routinely bribed officials to obtain permits for otherwise illegal construction.

Endowed religious charitable foundations, or bonyads, accounted for one-quarter to one-third of the country’s economy, according to some experts. Government insiders, including members of the military and clergy, ran these tax-exempt organizations, which are defined under law as charities. Members of the political opposition and international corruption watchdog organizations frequently accused bonyads of corruption. Bonyads received benefits from the government, but no government agency is required to approve its budget publicly.

Numerous companies and subsidiaries affiliated with the IRGC engaged in trade and business activities, sometimes illicitly, including in the telecommunications, mining, and construction sectors. Other IRGC entities reportedly engaged in smuggling pharmaceutical products, narcotics, and raw materials. The domestic and international press reported that individuals with strong government connections had access to foreign currency at preferential exchange rates, allowing them to exploit a gap between the country’s black market and official exchange rates.

Corruption: The judiciary continued an anticorruption campaign that observers viewed as motivated by several factors, including political infighting and replacing lost revenue due to economic challenges. The supreme leader approved a request from the head of the judiciary in 2018 to set up special revolutionary courts to try individuals for economic crimes, seeking maximum sentences for those who “disrupted and corrupted” the economy. He was quoted stating that punishments for those accused of economic corruption, including government officials and those from the military, should be carried out swiftly. Amnesty International criticized the courts’ lack of fair trial and due process guarantees.

In June media reported Romanian authorities arrested Iranian judge Gholamreza Mansouri at Iran’s request after Mansouri and several other judges in Iran were accused of accepting more than $500,000 in bribes. Several days prior, RSF filed an official complaint with German federal judicial authorities highlighting Mansouri’s role in suppressing and jailing dozens of Iranian journalists, and urging his arrest, believing Mansouri was present in Germany. On June 19, Mansouri was found dead after an apparent fall from the sixth story of the hotel where he was staying under Romanian supervision, awaiting extradition to Iran.

In October, IRNA reported that former managing director of Sermayeh Bank Ali Reza Heydarabadipour was extradited from Spain that month to face corruption charges. Heydarabadipour was accused of “disrupting the economic system by betraying the trust” and “acquiring illicit property” and was sentenced in absentia to 12 years in prison by the Third Branch of the Special Court for Investigating Crimes in the Country’s Economic System. He was in prison as of December 4.

Financial Disclosure: Regulations require government officials, including cabinet ministers and members of the Guardian Council, Expediency Council, and Assembly of Experts, to submit annual financial statements to the government inspectorate. Little information was available on whether the government effectively implemented the law, whether officials obeyed the law, or whether financial statements were publicly accessible.

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

The government restricted the operations of and did not cooperate with local or international human rights NGOs investigating alleged violations of human rights. The government restricted the work of domestic activists and often responded to their inquiries and reports with harassment, arrests, online hacking, and monitoring of individual activists and organization workplaces.

By law NGOs must register with the Ministry of Interior and apply for permission to receive foreign grants. Independent human rights groups and other NGOs faced harassment because of their activism, as well as the threat of closure by government officials, following prolonged and often arbitrary delays in obtaining official registration.

During the year the government prevented some human rights defenders, civil society activists, journalists, and scholars from traveling abroad. Human rights activists reported intimidating telephone calls, threats of blackmail, online hacking attempts, and property damage from unidentified law enforcement and government officials. The government summoned activists repeatedly for questioning and confiscated personal belongings such as mobile phones, laptops, and passports. Government officials sometimes harassed and arrested family members of human rights activists. Courts routinely suspended sentences of convicted human rights activists, leaving open the option for authorities to arrest or imprison individuals arbitrarily at any time on the previous charges.

In his July report, UNSR Rehman expressed “deep concern” regarding the harassment, imprisonment, and mistreatment in prison of human rights defenders and lawyers. He noted forcible prison transfers and lack of medical care appeared to be used as reprisals against activists for starting peaceful protests inside prisons or undertaking hunger strikes (see section 1.e., Political Prisoners and Detainees).

According to NGO sources, including HRW and Amnesty International, the government’s human rights record and its level of cooperation with international rights institutions remained poor. The government continued to deny requests from international human rights NGOs to establish offices in or to conduct regular investigative visits to the country. The most recent visit of an international human rights NGO was by Amnesty International in 2004 as part of the EU’s human rights dialogue with the country.

The United Nations or Other International Bodies: During the year the government continued to deny repeated requests by the UNSR on the situation of human rights in Iran to visit the country.

On November 18, for the eighth consecutive year, the UN General Assembly adopted a resolution expressing serious concern regarding the country’s continuing human rights violations, including death sentences imposed following unfair trials and reports of forced confessions obtained through torture. The resolution repeated its call for the country to cooperate with UN special mechanisms, citing the government’s failure to approve any request from a UN thematic special procedures mandate holder to visit the country in more than a decade. It drew attention to the government’s continued failure to allow UNSR Rehman into the country to investigate human rights abuses despite repeated requests, in view of the absence of independent or transparent investigations into the regime’s killings of at least 304 protesters in November 2019. The most recent visit by a UN human rights agency to the country was in 2005.

Government Human Rights Bodies: The High Council for Human Rights, headed by Ali Bagheri Kani, is part of the judicial branch of the government and lacks independence. The council continued to defend the imprisonment of high-profile human rights defenders and political opposition leaders, and assured families they should not be concerned for the “security, well-being, comfort, and vitality” of their loved ones in prison, according to IRNA. Kani continued to call for an end to the position of the UNSR for Iran and asserted that Iran’s criteria for human rights was different because of the “religious lifestyle” of its citizens. There was no information available on whether the council challenged any laws or court rulings during the year.

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

Women

Rape and Domestic Violence: Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage. Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, the last in which conviction carries the death penalty. Rape victims also feared societal reprisal or ostracism. There were reports that approximately 80 percent of rape cases went unreported.

For a conviction of rape, the law requires four Muslim men or a combination of three men and two women or two men and four women, to have witnessed a rape. A woman or man found making a false accusation of rape is subject to 80 lashes.

The law does not prohibit domestic violence. Authorities considered abuse in the family a private matter and seldom discussed it publicly.

An April 10 article in IRNA noted a “dramatic increase” in domestic violence-related telephone calls to public social welfare hotlines. The State Welfare Organization sent a public text message the same day highlighting the existence of the hotlines. Calls to the hotlines reportedly doubled after the text message was sent, according to a government official. In a call with an expatriate media outlet, women’s rights activist Shahla Entesari also reported higher rates of domestic violence during pandemic-related lockdowns in the country.

In previous years assailants conducted “acid attacks” in which they threw acid capable of severe disfiguration at women perceived to have violated various “morality” laws or practices. Although the Guardian Council reportedly passed a law increasing sentences for the perpetrators of these attacks, the government continued to prosecute individual activists seeking stronger government accountability for the attacks. On October 11, a court sentenced Alieh Motalebzadeh to two years in prison for “conspiracy against state security” for advocating for women who were victims of acid attacks. Motalebzadeh was a member of the “One Million Signatures” campaign to change discriminatory laws against women. On October 29, authorities arrested Negar Masoudi for holding a photo exhibition featuring victims of “acid attacks” and for advocating to restrict the sale of acid.

Female Genital Mutilation/Cutting (FGM/C): The law criminalizes FGM/C and states, “the cutting or removing of the two sides of female genitalia leads to diyeh (financial penalty or blood money) equal to half the full amount of diyeh for the woman’s life.”

Little recent data were available on the practice inside the country, although older data and media reports suggested it was most prevalent in Hormozgan, Kurdistan, Kermanshah, and West Azerbaijan Provinces.

Other Harmful Traditional Practices: There were reports of killings motivated by “honor” or other harmful traditional practices during the year. There are no official statistics kept in the country concerning honor killings, but according to academic articles and university thesis estimates cited by the daily Ebtekar, every year between 375 and 450 such killings occur, in which mostly women are killed by their male relatives–including their husbands, fathers, and brothers–in the name of preserving the family’s “honor.”

The law reduces punitive measures for fathers and other family members who are convicted of murder or physically harming children in domestic violence or “honor killings.” If a man is found guilty of murdering his daughter, the punishment is between three and 10 years in prison rather than the normal death sentence or payment of diyeh for homicide cases.

In June, Reza Ashrafi reportedly beheaded his 14-year-old daughter, Romina Ashrafi, with a farming sickle because she had “run off” with her 29-year-old Sunni Muslim boyfriend. The father faced a maximum sentence of 10 years in prison because fathers are considered legal guardians and, unlike mothers, are exempt from capital punishment for murdering their children. In response to a national outcry over Ashrafi’s killing, on June 7, the Guardian Council approved a law making it a crime to emotionally or physically abuse or abandon a child, but the maximum sentence of 10 years for conviction of murder by a father of his daughter remains unchanged. Observers noted the Guardian Council had rejected three previous iterations of the bill. In August a court reportedly convicted and sentenced Ashrafi’s father to nine years in prison, sparking further outrage at the leniency of the sentence. Ashrafi’s mother said she planned to appeal the sentence to seek a tougher penalty.

Sexual Harassment: The law prohibits physical contact between unrelated men and women. There were no reliable data on the extent of sexual harassment, but women and human rights observers reported that sexual harassment was the norm in many workplaces. There were no known government efforts to address this problem.

In September al-Jazeera reported a female employee of a technology company detailed on social media sexual misconduct charges against a male executive in the company, and several other existing female and former employees reported being fired for reporting the misconduct to the company’s human resources officials. The company’s CEO reportedly promised an investigation into the employee and apologized to the women.

In October the New York Times reported numerous women in the country aired harassment allegations against more than 100 prominent men following inspiration from the global #MeToo movement. In interviews 13 women recounted details alleging 80-year-old artist Aydin Aghdashloo’s sexual misconduct spanning a 30-year period. According to the article, on October 12, Tehran police chief Hossein Rahimi announced that bookstore owner Keyvan Emamverdi confessed to raping 300 women after 30 women filed legal complaints against him. Police stated he would be charged with “corruption on earth,” a capital offense.

Reproductive Rights: The law recognizes the basic right of married couples to decide freely and responsibly the number, spacing, and timing of their children. Couples are entitled to reproductive health care, free from discrimination, coercion, and violence. It is illegal for a single woman to access contraception, although most single women had access to contraception, particularly in urban areas. Government health care previously included full free access to contraception and family planning for married couples. In 2012, on the Supreme Leader’s orders, the government ended the Family and Population Planning Program, and subsequent proposed legislation directed authorities to prioritize population growth. These policies included strict measures such as outlawing voluntary sterilization and limiting access to contraceptives.

According to human rights organizations, an increase in child marriage–due in part to a government “marriage loan” program providing financial relief to poor families who want to marry off their girls–is adversely affecting in all likelihood the quality of health care for such girls and increasing maternal mortality rates. The practice of female genital mutilation, which primarily occurs on girls ages five through eight within Shafi’i Sunni communities, was associated reportedly with increased obstetric problems and may increase maternal mortality rates.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for equal protection for women under the law in conformity with its interpretation of Islam. The government did not enforce the law, and provisions in the law, particularly sections dealing with family and property law, discriminate against women. Judicial harassment, intimidation, detention, and smear campaigns significantly challenged the ability of civil society organizations to fight for and protect women’s rights.

In June the president issued a decree enacting into law an amendment to the country’s civil code that allows Iranian women married to foreign men to transmit citizenship to their children (see section 2.f. and section 6, Children). In January 2019 Ahmad Meidari, the deputy of the Ministry of Social Welfare, reportedly estimated that 49,000 children would benefit if the legislation were enacted. The government does not recognize marriages between Muslim women and non-Muslim men, irrespective of their citizenship. The law states that a virgin woman or girl wishing to wed needs the consent of her father or grandfather or the court’s permission.

The law permits a man to have as many as four wives and an unlimited number of sigheh (temporary wives), based on a Shia custom under which couples may enter into a limited-time civil and religious contract that outlines the union’s conditions.

A woman has the right to divorce if her husband signs a contract granting that right; cannot provide for his family; has violated the terms of their marriage contract; or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced.

The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches the age seven, the father is granted custody unless he is proven unfit to care for the child.

Women sometimes received disproportionate punishment for crimes such as adultery, including death sentences. Islamic law retains provisions that equate a woman’s testimony in a court of law to one-half that of a man’s and value a woman’s life as one-half that of a man’s. According to the law, the diyeh paid in the death of a woman is one-half the amount paid in the death of a man, with the exception of car accident insurance payments. According to a CHRI report, in July 2019 the government declared equality between men and women in the payment of blood money. Per the Supreme Court ruling, the amount paid for the intentional or unintentional physical harm to a woman is still one-half the blood money as that paid for a man, but the remaining difference would be paid from a publicly funded trust.

Women have access to primary and advanced education. Quotas and other restrictions nonetheless limited women’s admissions to certain fields and degree programs.

The Statistical Center of Iran reported that overall unemployment rate in the second quarter of the year was 9.5 percent. Unemployment of women in the country was twice as high as it was of men. All women’s participation in the job market was 17.9 percent, according to the Global Gender Gap 2020 report. Women reportedly earned significantly less than men for the same work.

Women continued to face discrimination in home and property ownership, as well as access to financing. In cases of inheritance, male heirs receive twice the inheritance of their female counterparts. The government enforced gender segregation in many public spaces. Women must ride in a reserved section on public buses and enter some public buildings, universities, and airports through separate entrances.

The law provides that a woman who appears in public without appropriate attire, such as a cloth scarf veil (hijab) over the head and a long jacket (manteau), or a large full-length cloth covering (chador), may be sentenced to flogging and fined. Absent a clear legal definition of “appropriate attire” or of the related punishment, women (and men) were subjected to the opinions of various disciplinary and security force members, police, and judges.

Authorities continued to arrest women for violating dress requirements, and courts applied harsh sentences. In February an appeals court upheld sentences of 16 to 23 years against Yasaman Aryani, her mother Monireh Arabshahi, and Mojgan Keshavarz for “spreading propaganda against the system” and “inciting corruption and prostitution.” They were arrested after posting a video for International Women’s Day in March 2019 during which they walked without headscarves through a Tehran metro train, handing flowers to female passengers.

In May the lawyer for imprisoned activist Saba Kord Afshari stated on Twitter that judicial authorities had reinstated a 7.5-year prison sentence for “corruption and prostitution” against his client without explanation. An appeals court had previously dropped that charge against Kord Afshari, who was also found guilty for “gathering and conspiring” and “spreading propaganda” related to videos she posted to social media in which she walked without a hijab and stated her opposition to compulsory dress requirements. Kord Afshari’s cumulative sentence increased back to 15 years with the reinstated portion of the sentence. In February, Kord Afshari’s mother, Raheleh Ahmadi, began serving a two-year sentence for “national security” crimes related to advocacy on behalf of her daughter. Human rights groups reported both mother and daughter were denied requested medical treatment and furlough during the year.

In a February letter to Iranian authorities, the world soccer governing body International Federation Football Association (FIFA) insisted women must be allowed to attend all soccer matches in larger numbers than the government previously permitted. In October 2019 the government permitted approximately 3,500 women to attend a World Cup qualifier match at Azadi Stadium, which has an estimated capacity of 78,000.

As noted by the former UNSR and other organizations, female athletes have been traditionally barred from participating in international tournaments, either by the country’s sport agencies or by their husbands. There were, however, cases throughout the year of female athletes being permitted to travel internationally to compete.

Children

Birth Registration: Prior to June only a child’s father could convey citizenship, regardless of the child’s country of birth or mother’s citizenship. Legislation taking force in June provides Iranian mothers the right to apply for citizenship for children born to fathers with foreign citizenship (see section 2.f. and section 6, Women). Although the law is retroactive, mothers do not receive equal treatment; they have to file an application for their children, whereas children born to Iranian fathers automatically have citizenship. The law also includes a stipulation of obtaining a security clearance from the security agencies prior to receiving approval. Birth within the country’s borders does not confer citizenship, except when a child is born to unknown parents. The law requires that all births be registered within 15 days.

Education: Although primary schooling until age 11 is free and compulsory for all, media and other sources reported lower enrollment in rural areas, especially for girls. According to HRW, the child protection law passed in June following the killing of Romina Ashrafi sets out financial penalties for parents or guardians who fail to provide for their child’s access to education through secondary level. Secondary education is free.

Children without state-issued identification cards are denied the right to education. In his February 2019 report, UNSR Rehman expressed concern over access to education for minority children, including references to high primary school dropout rates for ethnic minority girls living in border provinces.

Child Abuse: There was little information available on how the government dealt with child abuse. The 2003 law states, “Any form of abuse of children and juveniles that causes physical, psychological, or moral harm and threatens their physical or mental health is prohibited,” and such crimes carry a maximum sentence of three months in confinement. On June 7, the Guardian Council approved legislation to support a child’s safety and well-being, including penalties against physical harm and for preventing access to education. Article 9 of the law defines a set of punishments, which include imprisonment and “blood money,” for negligence by anyone, including parents, that results in death, disability, bodily harm, and sexual harassment. The law required the State Welfare Organization to investigate the situation of children in “extreme danger” of abuse, exploitation, or being out of school, among other concerns. The state also has the authority to remove a child from a household and put them under state supervision until the prosecutor takes on the case. The law also applies to all citizens younger than age 18, despite the earlier age of maturity.

Reports of child abuse reportedly increased during the COVID-19 pandemic. The head of the State Welfare Organization in Mashhad noted an eightfold increase in child abuse cases reported in Mashhad compared with the same period in 2019. Concerns that street children were spreading the virus led to an increase in child detentions. For example, according to an August 13 Atlantic Council article, in April an aid worker found six children that had been detained by Tehran municipality officials “bruised and bloodied” in basement municipality offices.

According to IranWire, the Students’ Basij Force stepped up efforts to recruit young persons into the organization. Although “most of these activities are of an educational and ideological nature,” there were reports that during recent domestic unrest, some younger Basij forces armed with light military equipment were seen on the streets of some cities.

There continued to be reports of IRGC officials recruiting Afghan child soldiers, including to support Assad regime forces in Syria and the Taliban in Afghanistan. In a 2018 interview by IranWire, a Fatemiyoun Brigade commander confirmed Afghan minors as young as 14 served in his unit in Syria.

Child, Early, and Forced Marriage: The legal minimum age of marriage for girls is 13, but girls as young as age nine may be married with permission from a court and their fathers. According to HRW, the child protection law failed to criminalize child marriage.

Sexual Exploitation of Children: The legal age requirements for consensual sex are the same as those for marriage, as sex outside of marriage is illegal. There are no specific laws regarding child sexual exploitation, with such crimes either falling under the category of child abuse or sexual crimes of adultery. The law does not directly address sexual molestation or provide a punishment for it.

According to CHRI, the ambiguity between the legal definitions of child abuse and sexual molestation could lead to child sexual molestation cases being prosecuted under adultery law. While no separate provision exists for the rape of a child, the crime of rape, regardless of the victim’s age, is potentially punishable by death.

Displaced Children: There were reports of thousands of Afghan refugee children in the country, many of whom were born in Iran but could not obtain identity documents. These children were often unable to attend schools or access basic government services and were vulnerable to labor exploitation and trafficking.

UNHCR stated school enrollment among refugees was generally higher outside the 20 settlements, where more resources were available and where 97 percent of the refugees reside.

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

Anti-Semitism

The law recognizes Jews as a religious minority and provides for their representation in parliament. According to the Tehran Jewish Committee, the population includes approximately 9,000 Jews. Members of the Iranian Jewish community are reportedly subject to government restrictions and discrimination. Government officials continued to question the history of the Holocaust, and anti-Semitism remained a pervasive problem. In October 28 comments on his website and Twitter addressed to “young French people,” Supreme Leader Khamenei questioned why it was a crime to raise doubts regarding the Holocaust. In a May 22 speech and tweets, Khamenei referred to Israel as a “cancerous tumor.” On May 19, Khamenei published a poster depicting Jerusalem with the phrase, “The final solution: Resistance until referendum.” Cartoons in state-run media outlets repeatedly depicted foreign officials as puppets of Jewish control. In September a government-controlled arts organization, the Hozeh Honari, announced it would hold a third “Holocaust Cartoon Festival,” the previous two held in 2006 and 2016. According to media reports, officials and media propagated conspiracy theories blaming Jews and Israel for the spread of COVID-19.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

In 2018 parliament adopted the Law for the Protection of the Rights of Persons with Disabilities. According to HRW, the law increases pensions and extends insurance coverage to disability-related health-care services, but it does not explicitly prohibit discrimination. According to CHRI, as of December 2019, the government did not allocate a budget to enforce the law. The law prohibits those with visual, hearing, or speech disabilities from running for seats in parliament. While the law provides for government-funded vocational education for persons with disabilities, domestic news reports noted vocational centers were located only in urban areas and unable to meet the needs of the entire population.

In October 2019 HRW and CHRI reported persons with disabilities remained cut off from society, a major obstacle being a mandatory government medical test that may exclude children from the public school system. They continued to face stigma and discrimination from government social workers, health-care workers, and others. Many persons with disabilities remained unable to participate in society on an equal basis. The law provides for public accessibility to government-funded buildings, and new structures appeared to comply with these standards. There were efforts to increase access for persons with disabilities to historical sites. Government buildings that predated existing accessibility standards remained largely inaccessible, and general building accessibility, including access to toilets, for persons with disabilities remained a problem. Persons with disabilities had limited access to informational, educational, and community activities. CHRI reported in 2018 that refugees with disabilities, particularly children, were often excluded or denied the ability to obtain the limited state services provided by the government.

Members of National/Racial/Ethnic Minority Groups

The constitution grants equal rights to all ethnic minorities, allowing minority languages to be used in media. The law grants the right of citizens to learn, use, and teach their own languages and dialects. Minorities did not enjoy equal rights, and the government consistently barred use of their languages in school as the language of instruction.

The government disproportionately targeted minority groups, including Kurds, Ahwazis, Azeris, and Baluchis, for arbitrary arrest, prolonged detention, disappearances, and physical abuse. These ethnic minority groups reported political and socioeconomic discrimination, particularly in their access to economic aid, business licenses, university admissions, job opportunities, permission to publish books, and housing and land rights. In a July report, UNSR Rehman expressed concern regarding the reported high number of political prisoners and prisoners of conscience from the Azerbaijani-Turk, Kurdish, and Ahwazi Arab communities.

Another widespread complaint among ethnic minority groups, particularly among Ahwazis, Azeris, and Lors, was that the government diverted and mismanaged natural resources, primarily water, often for the benefit of IRGC-affiliated contractors. According to reports from international media and human rights groups, these practices devastated the local environment on which farmers and others depended for their livelihoods and well-being, resulting in forced migration and further marginalization of these communities.

The law, which requires religious screening and allegiance to the concept of “governance by the jurist,” not found in Sunni Islam, impaired the ability of Sunni Muslims (many of whom are also Baluch, Ahwazi, or Kurdish) to integrate into civic life and to work in certain fields.

Human rights organizations observed that the government’s application of the death penalty disproportionately affected ethnic minorities (see section 1.a.). Authorities reportedly subjected members of minority ethnicities and religious groups in pretrial detention repeatedly to more severe physical punishment, including torture, than other prisoners, regardless of the type of crime of which they were accused.

The estimated eight million ethnic Kurds in the country frequently campaigned for greater regional autonomy. The government continued to use the law to arrest and prosecute Kurds for exercising their rights to freedom of expression and association. The government reportedly banned Kurdish-language newspapers, journals, and books and punished publishers, journalists, and writers for opposing and criticizing government policies.

Authorities suppressed legitimate activities of Kurdish NGOs by denying them registration permits or bringing security charges against persons working with such organizations. Authorities did not prohibit the use of the Kurdish language in general but did not offer education in Kurdish in public schools.

UNSR Rehman’s July report also noted, “in the border areas of Kurdistan, Ilam, West Azerbaijan and Kermanshah Provinces, Kurdish couriers (kolbars) continue to face excessive and lethal force by border officials. In 2019 there were 84 reported deaths and 192 injuries of kolbars, continuing a trend that has seen over 1,000 kolbars killed or injured due to the actions of border officials since 2014. It is with concern that cases of violence against kolbars are often either dismissed by the courts or closed without conviction or compensation for the victims and their families.”

International human rights observers, including the IHRDC, stated that the country’s estimated two million Ahwazi Arabs, representing 110 tribes, faced continued oppression and discrimination. Ahwazi rights activists reported the government continued to confiscate Ahwazi property to use for government development projects, refusing to recognize property titles issued during the prerevolutionary era.

On March 30 and 31, according to reports from families of prisoners, journalists, and Ahwazi Arab human rights activists and organizations, security forces used excessive force to quell prison protests in the city of Ahvaz in Khuzestan Province, causing up to 15 deaths in Sepidar Prison and 20 deaths in Sheiban Prison (see section 1.a.). Numerous videos taken from outside both prisons and shared on social media showed smoke rising from the buildings, while sounds of gunfire can be heard. Arab minority rights activist Mohammad Ali Amourinejad and several other inmates, including prisoners of conscience serving life sentences for “enmity against God” due to promoting educational and cultural rights for Ahwazi Arabs, were transferred out of Sheiban Prison following the unrest and by year’s end were held incommunicado in an unknown location (see section 1.b.).

Ethnic Azeris, who number more than 18 million, or approximately 24 percent of the population, were more integrated into government and society than other ethnic minority groups and included the supreme leader. Azeris reported the government discriminated against them by harassing Azeri activists or organizers and changing Azeri geographic names.

In October, following an outbreak of violence between Armenia and Azerbaijan over the Nagorno-Karabakh region, Amnesty International expressed concern over the arrest of approximately 20 ethnic Azeri activists in Iran who had participated in pro-Azerbaijan protests. HRANA asserted the number of protesters arrested was much higher, adding that they were arrested “violently.”

Local and international human rights groups alleged discrimination during the year against the Baluchi ethnic minority, estimated at between 1.5 and two million persons. Areas with large Baluchi populations were severely underdeveloped and had limited access to education, employment, health care, and housing. Baluchi activists reported that more than 70 percent of the population lived below the poverty line.

According to activist reports, the law limited Sunni Baluchis’ employment opportunities and political participation. Activists reported that throughout the year, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population. According to Baluchi rights activists, Baluchi journalists and human rights activists faced arbitrary arrest, physical abuse, and unfair trials.

On May 6, IranWire and the Unrepresented Nations and Peoples Organization reported security forces shot and killed Sunni Baluchi brothers Mohammad and Mehdi Pourian in their home in Iranshahr, the capital of Sistan and Baluchistan Province. A 17-year-old named Daniel Brahovi was also killed in the incident. Iranshahr prosecutor Mohsen Golmohammadi told local media that the three were “famous and well-known miscreants” and that “several weapons and ammunition were seized from them.” The families of the three deceased men registered a complaint against the security forces involved but did not receive any official information regarding the judicial process or information related to their sons’ alleged criminal activity.

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

The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity. While few details were available for specific cases, lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists expressed concern that the government executed LGBTI individuals under the pretext of more severe, and possibly specious, criminal charges such as rape. In June 2019 the foreign minister appeared to defend executions of LGBTI persons for their status or conduct. After being asked by a journalist in Germany why the country executes “homosexuals,” the foreign minister stated, “Our society has moral principles. And we live according to these principles. These are moral principles concerning the behavior of people in general. And that means that the law is respected and the law is obeyed.”

Security forces harassed, arrested, and detained individuals they suspected of being LGBTI. In some cases security forces raided houses and monitored internet sites for information on LGBTI persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian Lesbian and Transgender Network (6Rang) noted that individuals arrested under such conditions were traditionally subjected to forced anal or sodomy examinations–which the United Nations and World Health Organization stated may constitute torture–and other degrading treatment and sexual insults. Punishment for same-sex sexual activity between men was more severe than between women.

In a September survey of more than 200 individuals living in the country and identifying as LGBTI, 6Rang found that 15 percent reported being victims of sexual violence at their school or university, 30 percent reported being victims of sexual violence by their peers, and more than 42 percent reported being victims of sexual violence in public spaces. Anonymous respondents reported being beaten, detained, and flogged by security authorities.

The government censored all materials related to LGBTI status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs and activists in the country.

There was no available update in the case of Rezvaneh Mohammadi, a gender-equality activist sentenced to five years in prison by a revolutionary court in December 2019. According to CHRI, authorities arrested Mohammadi in 2018 and held her in solitary confinement for several weeks at Evin Prison, where they pressured her, including with threats of rape, to confess to receiving money to overthrow the government.

Hate-crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes.

The law requires all male citizens older than age 18 to serve in the military but exempts gay men and transgender women, who are classified as having mental disorders. Military identity cards list the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination.

NGOs reported authorities pressured LGBTI persons to undergo gender reassignment surgery. According to a July report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” or reparative therapies of LGBTI persons continued to grow. The NGO 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTI persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of the opposite sex. According to 6Rang, one such institution is called The Anonymous Sex Addicts Association of Iran, with branches in 18 provinces.

HIV and AIDS Social Stigma

Despite government programs to treat and provide financial and other assistance to persons with HIV/AIDS, international news sources and organizations reported that individuals known to be infected with HIV/AIDS faced widespread societal discrimination. Individuals with HIV or AIDS, for example, continued to be denied employment as teachers.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for freedom of association, but neither the constitution nor law specifies trade union rights. The law states that workers may establish an Islamic labor council or a guild at any workplace, but the rights and responsibilities of these organizations fell significantly short of international standards for trade unions. In workplaces where workers established an Islamic labor council, authorities did not permit any other form of worker representation. The law requires prior authorization for organizing and concluding collective agreements. Strikes are prohibited in all sectors, although private-sector workers may conduct “peaceful” campaigns within the workplace. The law does not apply to establishments with fewer than 10 employees.

Authorities did not respect freedom of association and the right to collective bargaining, and the government did not effectively enforce applicable laws. The government severely restricted freedom of association and interfered in worker attempts to organize. Labor activism is considered a national security offense, for which conviction carries severe punishments up to and including the death penalty. The law does not prohibit antiunion discrimination and does not require reinstatement of workers fired for union activity.

Antiunion discrimination occurred, and the government harassed trade union leaders, labor rights activists, and journalists during a crackdown on widespread protests. Independent trade unionists were subject to arbitrary arrests, tortured, and if convicted subjected to harsh sentences, including the death penalty.

According to Radio Zamaneh in June, Jafar Azimzadeh, the general secretary of the board of the Free Trade Union of Iranian workers and a prominent labor activist, was given another sentence of 13 months in prison for “propaganda against the regime.” Azimzadeh was arrested in 2015 and sentenced to six years in prison by Branch 15 of the Revolutionary Court of Tehran for organizing a petition that collected 40,000 signatures to raise the national minimum wage. In September, Azimzadeh was transferred to Rajai Shahr Prison after ending a 21-day hunger strike in protest of being denied medical treatment after contracting COVID-19, along with 11 other prisoners in Evin Prison.

According to media and NGO reporting, on May 1, International Labor Day, police violently attacked and arrested at least 35 activists who had gathered for peaceful demonstrations demanding workers’ rights, organized by 20 independent labor organizations, in front of parliament. The government barred teachers from commemorating International Labor Day and Teachers’ Day. Several prominent teachers and union activists remained in prison untried or if convicted awaited sentences, including Mahmoud Beheshti Langroudi (see below).

The Interior Ministry; the Ministry of Cooperatives, Labor, and Social Welfare; and the Islamic Information Organization determined labor councils’ constitutions, operational rules, and election procedures. Administrative and judicial procedures were lengthy. The Workers’ House remained the only officially authorized national labor organization, and its leadership oversaw, granted permits to, and coordinated activities with Islamic labor councils in industrial, agricultural, and service organizations with more than 35 employees.

According to CHRI, the labor councils, which consisted of representatives of workers and a representative of management, were essentially management-run unions that undermined workers’ efforts to maintain independent unions. The councils, nevertheless, sometimes could block layoffs and dismissals. There was no representative workers’ organization for noncitizen workers.

According to international media reports, security forces continued to respond to workers’ attempts to organize or conduct strikes with arbitrary arrests and violence. As economic conditions deteriorated, strikes and worker protests were numerous and widespread across the country throughout the year, often prompting a heavy police response. Security forces routinely monitored major worksites. According to CHRI, workers were routinely fired and risked arrest for striking, and labor leaders were charged with national security crimes for trying to organize workers.

According to Radio Zamaneh, workers at Haft Tappeh sugarcane company began striking in June to reverse the privatization of the company and to demand the arrest of CEO Omid Asadbeigi accused of currency theft and the embezzlement of their wages. On September 7, the Supreme Auditing Court ruled that Haft Tappeh’s sale must be annulled “due to violations in transferring the ownership of the company, failure to achieve goals set by the sale and the buyers’ bad faith in honoring their commitments,” thereby removing Asadbeigi as owner. The Haft Tappeh Workers Syndicate then issued a statement declaring a temporary halt to the protest.

According to a CHRI report, in 2018 security forces violently suppressed protests at Haft Tappeh, the country’s largest sugar production plant, which had been the site of continuing protests against unpaid wages and benefits for more than two years. In May 2019 the protests resurfaced in response to the announcement of a joint indictment issued against five journalists and two labor rights activists. Sepideh Gholian, Amir Hossein Mohammadifard, Sanaz Allahyari, Ali Amirgholi, Asal Mohammadi, Esmail Bakhshi, and Ali Nejati were charged with “assembly and collusion against national security,” “forming groups with the intention to disturb national security,” and “contacts with antistate organizations.” In December 2019 they each received a prison sentence of five years. Except for Gholian, all as well as syndicate member Mohammad Khanifar were reportedly pardoned during the year. Gholian was re-arrested a week after being released on bail in June and was transferred to Evin Prison.

On October 29, four Haft Tappeh workers–Yusef Bahmani, Hamid Mombini, Massoud Hayouri, and Ebrahim Abassi–were arrested for “disrupting public order” and interrogated without access to their lawyers. In November they started a hunger strike at Dezful Prison to protest their unlawful detention. As of November 8, the strike continued.

According to NGO and media reports, as in previous years, a number of trade unionists were imprisoned or remained unjustly detained for their peaceful activism. Mehdi Farahi Shandiz, a member of the Committee to Pursue the Establishment of Labor Unions in Iran, continued serving a three-year sentence, having been convicted of “insulting the supreme leader” and “disrupting public order.” Arrested several times and jailed since 2012, there were reports that Shandiz was beaten and tortured in Karaj Prison and kept for prolonged periods in solitary confinement.

The government continued to arrest and harass teachers’ rights activists from the Teachers Association of Iran and related unions. In March 2019 media outlets reported continued nationwide teacher strikes demanding better pay, rights to an official union, and the release of teachers’ rights activists who were jailed during protests in 2018. Hashem Khastar–a teachers’ rights activist from Mashhad, was arrested in August 2019 after signing an open letter calling for the resignation of the supreme leader–received a 16-year sentence on March 29.

According to a CHRI report, Mahmoud Beheshti-Langroudi, the former spokesman for the Iranian Teachers’ Trade Association (ITTA) jailed since 2017, continued a 14-year combined sentence for charges associated with his peaceful defense of labor rights. CHRI reported in July 2019 that Beheshti-Langroudi commenced another hunger strike protesting his unjust sentence, the judiciary’s refusal to review his case, and the mistreatment of political prisoners.

Esmail Abdi, a mathematics teacher and former secretary general of ITTA, continued a six-year prison sentence for labor rights activism. He was arrested in 2015 and convicted in 2016 for “propaganda against the state” and “collusion against national security.” On March 17, Abdi was furloughed due to the COVID-19 pandemic but was returned to Evin Prison in April to serve a suspended 10-year sentence he received in 2010 for “gathering information with the intention to disrupt national security” and “propaganda against the state.” He contracted COVID-19 after being returned to Evin. Human rights activists viewed Abdi’s re-arrest as a new wave of repression aimed to keep heads down before May Day.

Education International and the United Kingdom Teachers’ Union, NASUWT, condemned Abdi’s re-arrest and also called for the immediate release of Mohammad Habibi, another teacher who was arrested in 2018. Habibi, who is serving a harsh prison sentence for pressing for an improved educational environment, was terminated from the education service.

Media reported that on June 1, a member of the Trade Union of the Tehran and Suburbs Vahed Bus Company was flogged 74 times. Seyed Rasoul Taleb Moghadam, a union member who was detained during the 2019 International Workers’ Day demonstration, presented himself at Evin Court for his sentence. Afterwards, he was transferred to Evin Prison’s quarantine area.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law and made no significant effort to address forced labor during the year. It was unclear whether penalties were commensurate with those prescribed for other analogous crimes such as kidnapping. Conditions indicative of forced labor sometimes occurred in the construction, domestic labor, and agricultural sectors, primarily regarding adult Afghan men and boys younger than age 18. Family members and others forced children to work.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit the worst forms of child labor. The law prohibits employment of children younger than age 15 and places restrictions on employment of children younger than 18, such as prohibiting hard labor or night work. The law does not apply to domestic labor and permits children to work in agriculture and some small businesses from the age of 12. The government did not adequately monitor or enforce laws pertaining to child labor, and child labor remained a serious problem. Penalties for violations were not commensurate with those for other analogous, serious crimes, such as kidnapping. The United Nations in 2016 cited a 2003 law that exempts workshops with fewer than 10 employees from labor regulations as increasing the risks of economic exploitation of children. The UN report also noted serious concerns with the large number of children employed under hazardous conditions, such as in garbage collection, brick kilns, and industrial workshops, without protective clothing and for very low pay. According to HRW, on June 7, the Guardian Council approved a 51-article bill to protect children and adolescents that includes penalties for certain acts that harm a child’s safety and well-being, including physical harm and preventing access to education. The law reportedly allows officials to relocate children in situations that seriously threaten their safety. Article 7 of the law imposes financial penalties for parents or guardians who fail to provide for their child’s access to education through secondary level (see section 6, Children).

There were reportedly significant numbers of children, especially of Afghan descent, who worked as street vendors in major urban areas. According to official estimates, there were 60,000 homeless children, although many children’s rights organizations estimated up to 200,000 homeless children. The Committee on the Rights of the Child reported that street children in particular were subjected to various forms of economic exploitation, including sexual abuse and exploitation by the public and police officers. Child labor also was used in the production of carpets and bricks. Children worked as beggars, and there were reports criminals forced some children into begging rings. According to the Iranian Students News Agency, Reza Ghadimi, the managing director of the Tehran Social Services Organization, said in 2018 that, according to a survey of 400 child laborers, 90 percent were “molested.”

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

d. Discrimination with Respect to Employment and Occupation

The constitution bars discrimination based on race, gender, disability, language, and social status “in conformity with Islamic criteria,” but the government did not effectively enforce these prohibitions. According to the constitution, “everyone has the right to choose any occupation he wishes, if it is not contrary to Islam and the public interests and does not infringe on the rights of others.” Discrimination with respect to employment and occupation occurred in several categories, including gender, ethnicity, and disability.

Despite this constitutional provision, the government made systematic efforts to limit women’s access to the workplace, and their participation in the job market remained as low as 16 percent. Women reportedly earned 41 percent less than men for the same work. Unemployment of women in the country was twice as high as it was of men. Hiring practices often discriminated against women, and the Ministry of Cooperatives, Labor, and Social Welfare guidelines stated that men should be given preferential hiring status. An Interior Ministry directive requires all officials to hire only secretaries of their own gender. The labor code restricts women from working in jobs deemed hazardous or arduous. Women remained banned from working in coffee houses and from performing music alongside men, with very limited exceptions made for traditional music. Women in many fields were restricted from working after 9 p.m.

Kurds, Ahwazis, Azeris, and Baluchis reported political and socioeconomic discrimination with regard to their access to economic aid, business licenses, and job opportunities.

CHRI reported that, according to the director of the State Welfare Organization, 60 percent of persons with disabilities remained unemployed.

e. Acceptable Conditions of Work

In 2018 the Supreme Labor Council, the government body charged with proposing labor regulations, agreed to raise the minimum monthly wage by 19.8 percent. There were reported complaints that the minimum wage increase was too low in light of the plunging value of the Iranian rial against the United States dollar, which is used to price day-to-day goods. The minimum wage is commonly below the poverty line in rural areas. In April media reported that following failed meetings, workers, employers, and the government agreed to increase the minimum wage from last year’s by 21 percent. Workers’ monthly allowance was set at $25 and the daily wage increased to $3.80 according to ILNA.

Forced migration across the country and illegal collection and sales of plastics and other waste products were early indicators of the critical socioeconomic situation on the rise since the COVID-19 outbreak. The Ministry of Labor reported that more than 783,000 individuals registered for unemployment insurance for the first time between mid-March and late April, of whom 654,000 had been approved. The Iranian Parliament Research Center estimated that between 2.8 and 6.4 million workers, a significant proportion of whom were day laborers and small business owners, could become unemployed due to the far-reaching effects of COVID-19.

The law establishes a maximum six-day, 44-hour workweek with a weekly rest day, at least 12 days of paid annual leave, and several paid public holidays. Any hours worked above that total entitles a worker to overtime. The law mandates a payment above the hourly wage to employees for any accrued overtime and provides that overtime work is not compulsory. The law does not cover workers in workplaces with fewer than 10 workers, nor does it apply to noncitizens.

Employers sometimes subjected migrant workers, most often Afghans, to abusive working conditions, including below-minimum-wage salaries, nonpayment of wages, compulsory overtime, and summary deportation without access to food, water, or sanitation facilities during the deportation process. The government did not effectively enforce the laws related to wages and hours, and occupational safety and health. Penalties were not commensurate with those for similar crimes, such as fraud.

According to media reports, many workers continued to be employed on temporary contracts, under which they lacked protections available to full-time, noncontract workers and could be dismissed at will. On June 2, a group of nurses protested after their temporary contracts were not renewed. While the Health Ministry had complained of a shortage of up to 100,000 nurses, health-care centers and hospitals increasingly took advantage of labor laws that allowed them to hire nurses with 87-day contracts, which were not renewed. The problem was compounded by the pandemic, as many private and state hospitals lost business from revenue-generating procedures, which were placed on hold. In June health-care workers protested in several cities after hospitals failed to pay the government approved wages. None had received overtime pay or COVID-19 health benefits. Large numbers of workers employed in small workplaces or in the informal economy similarly lacked basic protections.

Low wages, nonpayment of wages, and lack of job security due to contracting practices continued to contribute to strikes and protests, which occurred throughout the year. According to local and international media reports, thousands of teachers, and workers from a variety of other sectors continued to hold large-scale, countrywide rallies and protests demanding wage increases and payment of back wages. During the year authorities increased pressure against these protesters through intimidation, wrongful arrests, and arbitrary charges. In June a court in the western city of Arak sentenced 42 workers to 74 lashes, one year in prison, and one month of hard labor on a railroad. In October 2019 security forces had brutally beat them as they demonstrated outside their employer’s factory over unpaid wages and the company’s privatization.

In August workers in oil refining, petrochemicals and drilling industries continued to strike over working conditions and unpaid wages.

Little information was available regarding labor inspection and related law enforcement. While the law provides for occupational health and safety standards, the government sometimes did not enforce these standards in either the formal or informal sectors. The law states inspections may be done day or night, without prior notice. Family businesses require written permission of the local prosecutor. Workers reportedly lacked the power to remove themselves from situations that endangered their health or safety without jeopardizing their employment. Responsibility for identifying unsafe situations rests with the technical protection and occupational health committee of workplaces designated by the Ministry of Labor.

Labor organizations reported that hazardous work environments resulted in the deaths of thousands of workers annually. In February according to a report from a state media outlet, the head of the Public Relations and International Affairs Office of the Iranian Forensic Medicine Organization Hamed Naeiji announced that in 2019 the number of work-related death and injuries increased by 8.5 percent in comparison with the same period of the previous year. Naeiji stated the three main reasons for work-related deaths were falls, being hit by hard objects, and electrocution. In 2018 ILNA quoted the head of the Construction Workers Association as estimating there were 1,200 deaths and 1,500 spinal cord injuries annually among construction workers, while local media routinely reported on workers’ deaths from explosions, gas poisoning, electrocution, or similar accidents.

Macau

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China | Hong KongTibet

EXECUTIVE SUMMARY

Macau is a Special Administrative Region of the People’s Republic of China. In 2017 residents elected 14 representatives to its Legislative Assembly. In accordance with the law, limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. Members of the security forces committed isolated abuses.

Significant human rights issues included: interference with the rights of peaceful assembly; restrictions on political participation; and trafficking in persons.

The government took steps to prosecute and punish officials who committed human rights abuses.

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

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

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

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

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

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

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

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

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

Administration: The law allows prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of alleged deficiencies. Judges and prosecutors visited prisons at least once a month to hear prisoner complaints.

Independent Monitoring: The government permits monitoring by independent nongovernmental observers. According to the government, no independent human rights observers requested or made any visit to the prison in the Special Administrative Region (SAR).

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. To supplement its 2009 National Security Law, improve external communications about national security, and promote law enforcement, in October the government developed new national security operations composed of four divisions: the National Security Information Division, National Security Crime Investigation Division, National Security Action Support Division, and National Security Affairs Integrated Service Division. The units are to participate in the chief executive-chaired National Security Commission’s policy research and legislative work. Opposition groups expressed concern that the government’s new divisions mirrored those mandated by the June Hong Kong National Security Law, which threatened freedom of expression under the umbrella of criminalizing secession, subversion, terrorism, and collusion with foreign or external forces.

Arrest Procedures and Treatment of Detainees

Authorities detained persons with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Authorities informed detainees promptly of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is in detention. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system. Complaints of police mistreatment may be made to the Macau Security Forces and Services Disciplinary Supervisory Committee, the Commission against Corruption, or the Office of the Secretary for Security. The Macau Security Forces and Services Disciplinary Supervisory Committee reports directly to the chief executive. The government also had a website for receiving named or anonymous complaints about irregular police activity or behavior.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right. A case may be presided over by one judge or a group of judges, depending on the type of crime and the maximum penalty involved.

Under the law defendants enjoy a presumption of innocence and have a right to appeal. The law provides that trials be public except when the court rules otherwise to “safeguard the dignity of persons, public morality, or to provide for the normal functioning of the court.” Defendants have the right to be informed promptly and in detail of the charges (with free interpretation), be present at their trials, confront witnesses, have adequate time to prepare a defense, not be compelled to testify or confess guilt, and consult with an attorney in a timely manner. The government provides public attorneys for those financially incapable of engaging lawyers or paying expenses of proceedings.

The SAR’s unique civil-code judicial system derives from the Portuguese legal system. The courts may rule on matters that are the responsibility of the government of the People’s Republic of China or concern the relationship between central authorities and the SAR, but before making their final judgment, which is not subject to appeal, the courts must seek an interpretation of the relevant provisions from the National People’s Congress Standing Committee. The Basic Law requires that courts follow the standing committee’s interpretations when cases intersect with central government jurisdiction, although judgments previously rendered are not affected, and when the standing committee makes an interpretation of the provisions concerned, the courts, in applying those provisions, “shall follow the interpretation of the Standing Committee.” As the final interpreter of the Basic Law, the standing committee also has the power to initiate interpretations of the Basic Law.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters, and citizens have access to a court to bring lawsuits seeking damages for a human rights violation.

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

The law prohibits such actions, and the government generally respected these prohibitions. New facial recognition capabilities were added to the public surveillance system, raising concerns among lawyers and prodemocracy legislators that the capabilities would reach beyond the legal scope. Prodemocracy advocates warned that the system may deter political activities.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, including for the Press

The law provides for freedom of expression, including for the press, but the government sometimes restricted this right.

Freedom of Speech: An amended law criminalizes some actions that disrespect the Chinese national anthem. In September the Legislative Assembly adopted a civil protection law, which criminalizes creating and spreading rumors with the intention to cause public unrest. Four lawmakers and others who opposed the law expressed concerns that it could restrict freedom of expression and speech.

Freedom of Press and Media, Including Online Media: Local media expressed a wide range of views, but the government took steps to restrict unfavorable news coverage. In March the Chinese government expelled journalists with three foreign news organizations from mainland China and prevented them from working in Hong Kong and Macau, prompting local media in both regions to express concern. In response the Macau Portuguese and English Press Association requested clarification of the journalists’ activities and the two territories’ inclusion in the ban to ensure that press freedom was upheld, as guaranteed by the Basic Law.

In October an international press exhibition with photographs of the 2019 Hong Kong prodemocracy protests was scheduled to run for three weeks in a local park but closed more than a week early without explanation. The early closure prompted speculation of political pressure that the Macau Portuguese and English Press Association said would be “a serious and worrying incident that signals an erosion of freedom of expression.”

Censorship or Content Restrictions: Media sometimes practiced self-censorship, in part because the government subsidized some media outlets.

Libel/Slander Laws: The SAR criminalizes libel, slander, and defamation. If such offenses are committed through the media or online, they are punishable by up to two years’ imprisonment.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content. Law enforcement entities may intercept communications under judicial supervision; there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

In January the Education and Youth Affairs Bureau director, according to media reports, stated that when discussing political unrest in Hong Kong, teachers should encourage diverse and objective analysis, rather than personal political views. Academics also reportedly practiced self-censorship.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government limited the freedom of peaceful assembly.

Freedom of Peaceful Assembly

The law requires prior notification, but not approval, of demonstrations involving public roads, public places, or places open to the public. Police may redirect demonstration marching routes, but organizers have the right to challenge such decisions in court. Civil rights advocates alleged that the conditions for assembly had become more restrictive due to procedural hurdles, including disallowing assemblies, recording protesters at close range, and detaining potential participants at protest sites. In May, SAR police disallowed an annual Tiananmen Square vigil, citing COVID-19 pandemic concerns, despite not having new cases in 42 days. Reacting to the first ban on the annual Tiananmen Square June vigil, which had been held for 30 years, opposition groups contended the government was “using administrative means to suppress freedom of expression and minimize the space for the civil society.”

Freedom of Association

The law provides for freedom of association, and the government generally respected this right. No authorization is required to form an association, and the only restrictions on forming an organization are that it not promote racial discrimination, violence, crime, or disruption of public order, or be military or paramilitary in nature.

c. Freedom of Religion

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

d. Freedom of Movement

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

The law grants police authority to deport or deny entry to nonresidents whom they regard under the law as unwelcome, a threat to internal security and stability, or possibly implicated in transnational crimes. As of October freedom of movement was restricted due to COVID-19-related border closures, but there were no reports authorities used the restrictions for other than public health concerns.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government communicated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations regarding the few applicants for refugee or asylum status.

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. Persons granted refugee status would ultimately enjoy the same rights as other SAR residents.

Pending final decisions on their asylum claims, the government registered asylum seekers and provided protection against their expulsion or return to their countries of origin. There were few applicants for refugee or asylum status and no successful applicants. Persons with pending applications were eligible to receive government support, including basic needs such as housing, medical care, and education for children, but they were not allowed to work until their refugee status was granted.

Section 3. Freedom to Participate in the Political Process

The law limits voters’ ability to change their government through free and fair periodic elections because there was no universal suffrage in elections for the majority of elected positions. Only a small fraction of citizens played a role in the selection of the chief executive, who was chosen in August 2019 by a 400-member election committee consisting partially of 344 members elected from four broad societal sectors: the industrial, commercial, and financial sectors; the cultural, educational, and professional sectors; the sports sector; and labor, social services, religious, and other sectors. The remaining 56 members were chosen from and by the SAR’s legislators and representatives to the National People’s Congress and the Chinese People’s Political Consultative Conference.

Elections and Political Participation

Recent Elections: In August 2019 a 400-member election committee selected Ho Iat-seng to be chief executive. Ho was unopposed and received 98 percent of the vote. The most recent general election for the 14 directly elected seats in the 33-member Legislative Assembly occurred in 2017, with all Macau voters able to vote for candidate lists and seats, which were then allocated based on a proportional representation system. The election for these seats was generally free and fair. There were no reports of the government unduly restricting the list of candidates. In accordance with the law, limited franchise functional constituencies, which represent individual industries and social sectors, elected 12 Legislative Assembly representatives, and the chief executive appointed the remaining seven.

Political Parties and Political Participation: The SAR has no laws on political parties. Politically active groups registered as societies or limited liability companies were active in promoting their political agendas. Those critical of the government generally did not face restrictions, but persons seeking elected office must swear to uphold the Basic Law. Prodemocracy organizations criticized the chief executive election process as unrepresentative and undemocratic, as more than half of the legislature and the municipal districts were not directly elected.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, and they did participate. Six of the 33 Legislative Assembly members were women.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Corruption: The government’s Commission against Corruption investigated the public and private sectors and had the power to arrest and detain suspects. The Ombudsman Bureau within the commission reviewed complaints of mismanagement or abuse by the commission. An independent monitoring committee outside the commission accepted and reviewed complaints about commission personnel. In December a commission investigation found no government “illegalities or maladministration” in the reclamation of 74 idle land parcels in previous years but stated the previous Land, Public Works, and Transport Bureau management had failed to inspect and monitor concessionaires’ compliance with provisional contracts for those parcels.

Financial Disclosure: By law the chief executive, judges, members of the Legislative Assembly and Executive Council, and executive agency directors must disclose their financial interests upon appointment, promotion, retirement, and at five-year intervals while encumbering the same position. The information is available to the public on the website of the Macau courts. The law states that if the information contained in the declaration is intentionally incorrect, the declarant shall be liable to a maximum imprisonment of three years or a minimum fine equal to six months’ remuneration of the position held. Furthermore, the declarant may be prohibited from appointment to public office or performing public duties for a maximum of 10 years.

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

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

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

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence, but the domestic-violence law does not cover same-sex couples. The rate of investigation for domestic-violence cases was low, with police initiating investigations in only 17 of the 107 cases of domestic violence reported to them in 2019, according to official statistics. Domestic-violence law stipulates that a judge may order urgent coercive measures imposed upon the defendant individually or cumulatively, and the application of these measures does not preclude the possibility of prosecuting the perpetrators for criminal responsibilities as stipulated in the criminal code.

The government made referrals for victims to receive medical treatment, and social workers counseled victims and informed them of social welfare services. The government funded nongovernmental organizations to provide victim support services, including medical services, family counseling, and housing, until their complaints were resolved.

Sexual Harassment: The law criminalizes physical sexual harassment, but verbal and noncontact harassment are not covered by the law. Persons convicted of sexual harassment may be imprisoned for up to one year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; to manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. There were no legal, social, or cultural barriers, or government policies, that restricted access to contraception or to skilled health attendance during pregnancy and childbirth.

The government provides access to sexual and reproductive health services for sexual violence survivors.

During the year virtually all births were attended by skilled health personnel. In 2019 the adolescent (age 15-19) birth rate was two per thousand. The Health Bureau offers full support services for family planning needs.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Equal opportunity legislation mandates that women receive equal pay for equal work. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines and the government generally enforced the law effectively. Media reports, however, indicated that discrimination persisted and gender differences in occupation existed, with women concentrated in lower-paid sectors and lower-level jobs.

Children

Birth Registration: According to the Basic Law, children of Chinese national residents of the SAR who were born inside or outside the SAR and children born to non-Chinese national permanent residents inside the SAR are regarded as permanent residents. There is no differentiation between these categories in terms of access to registration of birth. Most births were registered immediately.

Child, Early, and Forced Marriage: The minimum legal age of marriage is age 16; however, children from ages 16 to 18 who wish to marry must obtain approval from their parents or guardians.

Sexual Exploitation of Children: The law specifically provides for criminal punishment for sexual abuse of children and students, statutory rape, and procurement involving minors. The criminal code sets 14 years as the age of sexual consent. The law forbids procurement for prostitution of a person younger than age 18. The law also prohibits child pornography. The government generally enforced these laws effectively, but there were concerns about the exploitation of minors in commercial sex.

International Child Abductions: Macau is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish population was extremely small. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The law mandates access to buildings, public facilities, information, and communications for persons with disabilities. The government enforced the law effectively.

Members of National/Racial/Ethnic Minority Groups

There were reports of societal discrimination against members of ethnic minority groups, and the law did not fully define and criminalize racial discrimination.

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

The law prohibits discrimination in employment on the grounds of sexual orientation; however, the law does not prohibit discrimination based on sexual orientation in other areas, such as housing.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards union leaders. The law does not stipulate the financial penalties for antiunion discrimination and cannot be compared to other laws involving denials of civil rights, such as discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Observers previously noted these penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours. The government investigated trafficking cases (which typically total one or two annually), but there were no convictions during the year.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors who are age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations serve to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB enforced the law through periodic and targeted inspections, and prosecuted violators. Penalties fall under the labor ordinance and are financial; thus these are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, then the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

In November the government put into effect a minimum wage law that excludes disabled workers and domestic workers. The government justified the exclusion based on other benefits received and for the domestic workers, a pre-established minimum rate and housing allowance. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines, and the government generally enforced the law effectively. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In January security companies disclosed informal government requests to hire ethnic Chinese security guards. According to official statistics, at the end of July, nonresident workers accounted for approximately 30 percent of the population. They frequently complained of discrimination in workplace hiring and wages.

In March the chief executive ordered a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. In April the Legislative Assembly passed a law guaranteeing a minimum wage of 32 patacas ($4) per hour for all employees except for domestic workers and persons with disabilities. The SAR does not calculate an official poverty line. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, and medical and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. It was not clear whether penalties were sufficient to deter violations. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime laws are part of the labor ordinance, which is civil, and involve a financial penalty that is not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment.

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China | Hong KongTibet

Macau

Read A Section: Macau

China | Hong KongTibet

EXECUTIVE SUMMARY

Macau is a Special Administrative Region of the People’s Republic of China. In September residents elected 14 representatives from an approved candidate pool to its Legislative Assembly. Limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven representatives in the 33-seat legislature. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed isolated abuses.

Significant human rights issues included the existence of criminal libel laws and credible reports of: substantial interference with the right of peaceful assembly; inability of citizens to change their government peacefully through free and fair elections; serious restrictions on political participation, including the disqualification of prodemocracy candidates in elections; and trafficking in persons.

The government took steps to prosecute and punish officials who committed human rights abuses or engaged in corruption.

Section 3. Freedom to Participate in the Political Process

The law limits voters’ ability to change their government through free and fair periodic elections because there was no universal suffrage in elections for most elected positions. Only a small fraction of citizens played a role in the selection of the chief executive, who was chosen in August 2019 by a 400-member election committee consisting partially of 344 members elected from four broad societal sectors: the industrial, commercial, and financial sectors; the cultural, educational, and professional sectors; the sports sector; and labor, social services, religious, and other sectors. The remaining 56 members were chosen from and by the SAR’s legislators and representatives to the National People’s Congress and the Chinese People’s Political Consultative Conference.

Elections and Political Participation

Recent Elections: On September 12, the SAR held general elections for the 14 directly elected seats in the 33-member Legislative Assembly, with all Macau voters able to vote for candidate lists and seats, which were then allocated based on a proportional representation system. The elections were not generally free and fair, as the government disqualified all prodemocracy politicians from running. Only one moderate current legislator was allowed to run. By law limited-franchise functional constituencies, which represent individual industries and social sectors, elected 12 Legislative Assembly representatives, and the chief executive appointed the remaining seven. In 2019 a 400-member election committee selected Ho Iat-seng to be chief executive. Ho was unopposed.

Political Parties and Political Participation: The SAR has no laws on political parties. Politically active groups registered as societies or limited liability companies were active in promoting their political agendas. Those seeking elected office must swear their allegiance to Macau and to uphold the Basic Law. Those critical of the government faced restrictions and were disqualified from running in the most recent election. All 21 prodemocracy candidates, including two sitting legislators, were banned from participating in the September Legislative Assembly elections. Some of the disqualified contenders expressed fear of further political reprisals.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of historically marginalized or minority groups in the political process, and they did participate. Five of the 33 Legislative Assembly members were women.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Corruption: The government’s Commission against Corruption investigated the public and private sectors and had the power to arrest and detain suspects. The Ombudsman Bureau within the commission reviewed complaints of mismanagement or abuse by the commission. An independent monitoring committee outside the commission accepted and reviewed complaints about commission personnel.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right, and no strikes occurred. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards labor leaders. The law does not stipulate the financial penalties for antiunion discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

Government and employers did not respect collective bargaining and freedom of association in practice. Government influenced the selection of association officials and interfered in the functioning of workers’ organizations. Penalties for violations were not commensurate with those for other similar violations and were seldom applied.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law. The government investigated trafficking cases, which typically total one or two annually, but during the year recorded no new investigations. There were no convictions during the year.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt-based coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations served to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB was responsible for enforcing the law through periodic and targeted inspections and prosecutions but did so inconsistently. LAB operations were adequately resourced, but prosecutions for labor trafficking fell to zero, and the Public Prosecutions Office was unable to convict any traffickers during the year.

Penalties for noncompliance with minimum wage law and child labor provisions fall under the labor ordinance and are financial; they are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. It does not address HIV/AIDS or refugee status. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

The government excludes persons with disabilities and domestic workers from the minimum wage law. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. The government generally enforced the law effectively in response to complaints via hotlines and online platforms. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In February Secretary for Security Wong Sio-chak stated that nonresident workers do not have the same absolute rights as guaranteed under the Basic Law when explaining why a Burmese nonresident’s request to organize a protest against the military coup in Burma was rejected.

As of December the SAR maintained a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest,” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Wage and Hour Laws: Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. The SAR does not calculate an official poverty line, but the minimum wage was well above the World Bank’s poverty line of $1.90 per day. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, health care, and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime and wage laws are part of the labor ordinance, which is civil, and involve a financial penalty that was not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

Occupational Safety and Health: The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Inspectors were authorized to conduct unannounced visits and levy sanctions. Inspectors, and not the worker, were responsible for identifying dangerous working conditions. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment. The most hazardous sector of the SAR’s economy was the construction industry; work-related accidents in 2020 (mostly on construction sites) caused 14 deaths and rendered 24 workers permanently disabled. The fatal work injury rate was 10.7 fatalities per 1,000 full-time equivalent workers in 2020. In separate incidents in August and November, two construction workers died after falls from the scaffolding on casino construction sites.

Poland

Executive Summary

Poland is a republic with a multiparty democracy. The bicameral parliament consists of an upper house (Senate) and a powerful lower house (Sejm). The president and the Council of Ministers headed by the prime minister share executive power. Incumbent President Duda was re-elected to a second five-year term after a second round of voting July 12. The Organization for Security and Cooperation in Europe conducted election observation. It found the presidential election was administered professionally despite legal uncertainty during the electoral process due to the outbreak of the COVID-19 pandemic and the rescheduling of the election to a later date. It also noted the public broadcaster “failed to ensure balanced and impartial coverage, and rather served as a campaign tool for the incumbent.” The government continued to implement judiciary-related measures that drew strong criticism from the European Commission, some legal experts, nongovernmental organizations, and international organizations.

The police force is a national law enforcement body with regional and municipal units overseen by the Ministry of Interior and Administration. The Border Guard is responsible for border security and combating irregular migration; it reports to the Ministry of Interior and Administration. The Internal Security Agency has responsibility for investigating and combating organized crime, terrorist threats, and proliferation of weapons of mass destruction. The Central Anticorruption Bureau is responsible for combating government, business, and financial corruption and may investigate any matter involving public funds. The prime minister appoints and supervises the heads and deputy heads of both offices, which also report to parliament. Civilian authorities maintained effective control over the security forces. Some members of law enforcement entities committed abuses.

Significant human rights issues included: criminal defamation penalties; violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; and crimes involving violence or threats of violence targeting members of ethnic minorities.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses. There were no reports of security force impunity.

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

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

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

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

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

The constitution and law prohibit such practices. There were reports of problems, however, with police misconduct and corrections officer abuse of prisoners. The law lacks a clear legal definition of torture, but all actions that could be considered “torture” are prohibited under other provisions of law and prosecuted consistent with the country’s obligations under international treaties and conventions prohibiting torture. The law outlines disciplinary actions for police, including reprimand, demotion in rank, and dismissal. Civil society groups noted cases of police misconduct against persons in custody.

On February 19, the Wroclaw District Court upheld the conviction of four former police officers who were found guilty of abuse of power and physical and psychological violence against a 25-year-old man who died in police custody in Wroclaw in 2016. Video footage showed police beating and using an electroshock device on the man while he was handcuffed in a jail cell. One defendant was sentenced to two and a half years in prison, and the others received two-year sentences. In addition, the court ruled the defendants could not work as police officers for eight and six years, respectively.

On September 9, the National Preventive Mechanism (NPM) operating under the office of the commissioner for human rights (ombudsperson) published a report on police action against a group of demonstrators who held a spontaneous gathering on August 7, following the detention of an activist associated with the lesbian, gay, bisexual, transgender, or intersex community. The report described the treatment of detainees by police as “degrading” and in some cases “inhuman” (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions were adequate. There were no significant reports regarding prison or detention center conditions that raised human rights concerns. Nonetheless, insufficient prison medical staff and limited prisoner access to specialized medical treatment continued to be problems.

Physical Conditions: While authorities generally separated juveniles from adults, the law allows shared housing in prisons and detention centers in exceptional cases. Juveniles were at times held together with adult prisoners. Authorities usually sent juveniles between the ages of 17 and 21 accused of serious crimes to pretrial detention.

The law permits authorities to commit prisoners to the National Center for the Prevention of Dissocial Behaviors when they have served their prison sentences and have undergone a custodial therapy program, and continue to have mental disabilities believed to create a high probability they would commit another serious crime against a person.

Administration: Authorities investigated credible allegations of inhuman conditions and made their findings publicly accessible. The country’s human rights ombudsperson may join proceedings in civil and administrative courts on behalf of prisoners and detainees, either when they file a complaint or when information obtained otherwise leads to an allegation of inhuman conditions. The ombudsperson administers the NPM, an independent program responsible for monitoring conditions and treatment of detainees in prisons and detention facilities.

Independent Monitoring: The government allows on a regular basis independent monitoring of prison conditions and detention centers by local human rights groups as well as by the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment. The Helsinki Human Rights Foundation and other local nongovernmental organizations (NGOs) made occasional visits to prisons. Prison authorities, however, limited access to prisons during the COVID-19 pandemic due to sanitary restrictions.

Improvements: The government continued implementation of a two-billion-zloty ($516 million), four-year (2017-20) prison administration modernization plan to improve the security of detention facilities, prison infrastructure, and working conditions for prison guards.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge in court the lawfulness of his or her arrest or detention, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The constitution and law require authorities to obtain a court warrant based on evidence to make an arrest, and authorities generally complied with the law. The constitution and law allow detention of a person for 48 hours before authorities must file charges and an additional 24 hours for the court to decide whether to order pretrial detention. The law allows authorities to hold terrorism suspects without charges for up to 14 days. The law sets a five-day limit for holding a juvenile in a police establishment for children if the juvenile escaped from a shelter or an educational or correctional facility. It allows police to hold for up to 24 hours in a police establishment a juvenile who is being transferred to a shelter or an educational or correctional facility, in the case of a “justified interruption of convoy.” The law provides that police should immediately notify a detained person of the reasons for his or her detention and of his or her rights. Usually this information is initially delivered orally; later, at the police station, the detainee signs a statement that he or she has been advised of his or her rights and duties. Police give the detained person a copy of the report on his or her detention. Authorities generally respected these rights. Only a court may order pretrial detention.

There is a functioning bail system, and authorities released most detainees on bail. Defendants and detainees have the right to consult an attorney at any time. The government provided free counsel to indigent defendants.

During the last five years, the number of those placed in pretrial detention steadily grew from 4,162 at the end of 2015 to 9,291 as of August 31. In its 2019 report, the Helsinki Human Rights Foundation argued that prosecutors overly relied upon the system of pretrial detention. According to Court Watch Poland’s 2019 report, pretrial detention was often used as the default preventive measure, and judges often deferred to prosecutors’ motions to place detainees in pretrial detention, without considering the use of other preventive measures such as bail, passport seizure, or police supervision. According to the Court Watch report, judges approved 90 percent of prosecutors’ motions for pretrial detention.

e. Denial of Fair Public Trial

While the constitution provides for an independent judiciary, the government continued to implement judiciary-related measures that drew strong criticism from the European Commission, some legal experts, NGOs, and international organizations. The government argued reforms were necessary to improve efficiency in the judicial system and accountability.

On April 8, the European Court of Justice (ECJ) issued interim measures ordering the government to suspend the work of the Supreme Court Disciplinary Chamber with regard to disciplinary cases against judges. The ECJ is evaluating an infringement proceeding launched by the European Commission in April 2019 and referred to the ECJ in October 2019. The commission argued that the country’s disciplinary regime for judges “undermines the judicial independence of…judges and does not ensure the necessary guarantees to protect judges from political control, as required by the Court of Justice of the EU.” The commission stated the disciplinary regime did not provide for the independence and impartiality of the Disciplinary Chamber, which is composed solely of judges selected by the restructured National Council of the Judiciary, which is appointed by the Sejm. The ECJ has yet to make a final ruling. The European Commission and judicial experts complained the government has ignored the ECJ’s interim measures.

On April 29, the European Commission launched a new infringement procedure regarding a law that came into effect on February 14. The law allows judges to be disciplined for impeding the functioning of the legal system or questioning a judge’s professional state or the effectiveness of his or her appointment. It also requires judges to disclose memberships in associations. The commission’s announcement stated the law “undermines the judicial independence of Polish judges and is incompatible with the primacy of EU law.” It also stated the law “prevents Polish courts from directly applying certain provisions of EU law protecting judicial independence and from putting references for preliminary rulings on such questions to the [European] Court of Justice.” On December 3, the commission expanded its April 29 complaint to include the continued functioning of the Disciplinary Chamber in apparent disregard of the ECJ’s interim measures in the prior infringement procedure.

According to Justice Ministry statistics, the average trial lasted 5.4 months in 2018, compared with 5.5 months in 2017 and 4.7 months in 2016. The EU Justice System Scoreboard reported the courts had become less efficient. In 2010 the court of first instance took an average of 49 days to issue a ruling. In 2017 the average increased to 73 days. Some legal experts cited these statistics as evidence that the government’s judicial changes did not lead to greater judicial efficiency.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence and the right to prompt and detailed notification of the charges against them throughout the judicial process, with free interpretation for defendants who do not speak Polish. They have the right to a fair and public trial without undue delay and the right to be present at their trial. Trials are usually public, although the courts reserve the right to close a trial in some circumstances, including divorce proceedings, cases involving state secrets, and cases whose content may offend public morality.

Due to the COVID-19 pandemic, courts suspended regular operations in April and May. After reopening in June, courts considerably limited public access to hearings due to the continuing pandemic. According to a September 25 Court Watch Poland report, some courts continued to ban audiences after reopening, while others limited numbers of external participants. In June, 36 percent of courts surveyed fully banned public access, 44 percent of courts introduced entry passes, and 17 percent limited the number of observers allowed to participate in the hearing. In August, 12 percent of courts surveyed did not allow the public to participate in hearings, 54 percent required entry passes, and 17 percent limited the number of those participating in the hearing. According to Court Watch Poland, the regulations to ban audiences from hearings violated the constitution, which requires judgments to be announced publicly.

Defendants have the right to legal representation, and indigent defendants may consult an attorney provided without cost. The government must provide defendants and their attorneys adequate time and facilities to prepare a defense. Defendants may confront and question witnesses and present witnesses and evidence on their own behalf. Prosecutors may grant witnesses anonymity if they express fear of retribution from defendants. The prosecutor general may release to media information concerning any investigation, except if such information is classified, with due consideration to important public interests. Defendants may not be compelled to testify or confess guilt.

After a court issues a verdict, a defendant has seven days to request a written statement of the judgment; courts must provide a response within 14 days. A defendant has the right to appeal a verdict within 14 days of the response. A two-level appeal process is available in most civil and criminal matters.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals or organizations may seek civil remedies for human rights violations. The government’s implementation of court orders, particularly for payment of damages, remained slow and cumbersome.

After they exhaust remedies available in the domestic courts, persons have the right to appeal court decisions involving alleged government violations of the European Convention on Human Rights to the European Court for Human Rights.

The 2015 and 2016 disputes regarding judicial appointments to the Constitutional Tribunal remained unresolved.

Property Restitution

The law provides for restitution of communal property, such as synagogues and cemeteries, seized under Nazi occupation or during the Communist era, but the process proceeded slowly. The property commissions have resolved 7,173 of slightly more than 10,500 communal property claims by religious groups. Heirless property reverts to the state.

The government has put in place legal and administrative procedures for private property restitution, but NGOs and advocacy groups reported it did not make significant progress on resolution of Holocaust-era claims, including for foreign citizens. No comprehensive law addresses the return of, or compensation for, private property, but individuals may seek the return of confiscated private property through administrative proceedings and courts. NGOs and advocacy groups described the process as cumbersome and ineffective.

During the presidential campaign on July 8, President Andrzej Duda addressed the issue of restitution, stating the government would not pay damages for heirless property and declaring he would not accept any law that would privilege any ethnic group over others. He continued, “If someone wants compensation, please turn to those who caused World War II.”

On September 17, parliament adopted further amendments to the Warsaw-specific 2015 law intended to end abusive practices in the trading of former property owners’ claims. Among other things the revised legislation establishes new grounds on which the City of Warsaw must refuse the return of properties, for reasons outside claimants’ control. The president signed the legislation on September 29. NGOs and advocacy groups expressed serious concerns that the 2015 law fell short of providing just compensation to former owners who lost property as a result of the nationalization of properties by the communist-era government, and also properties taken during the Holocaust era. Legal experts expressed concern that the law limited the ability of petitioners to reclaim property unjustly taken from their lawful owners. The World Jewish Restitution Organization asserted that the time limits included in the law were insufficient for potential claimants, particularly Holocaust survivors and their heirs, to meet difficult documentary requirements.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

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

The law prohibits such actions but allows electronic surveillance with judicial review for crime prevention and investigation. There were no reports that the government failed to respect those prohibitions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Speech: The law prohibits hate speech, including the dissemination of anti-Semitic literature, the public promotion of fascist, communist, or other totalitarian systems, and the intentional offense of religious feelings.

Violence and Harassment: On February 3, the Warsaw regional court sentenced Michal Majewski, a Wprost weekly reporter, to a fine for protection of sources of information. The conviction refers to a 2014 incident, when Internal Security Agency officers tried to seize forcefully a laptop of one of the journalists who revealed a wiretapping scandal involving leading politicians. The Center for Monitoring Freedom of Speech at the Association of Polish Journalists criticized the conviction as a clear violation of freedom of speech. The ruling was subject to appeal.

On November 11, some police officers used violent crowd control measures against several journalists who were covering violent clashes between police and groups of hooligans during the annual Independence March that took place in Warsaw. Police shot one photojournalist in the face with a rubber bullet and used batons and a stun grenade against other journalists. After the incidents the government announced investigations into the police actions. On December 2, police officially apologized for the incidents and announced training for police officers.

Censorship or Content Restrictions: The constitution prohibits censorship of the press or social communication. Nevertheless, laws regulating broadcasting and media prohibit, under penalty of fines, license revocation, or other authorized sanctions, the promotion of activities endangering health or safety, or the promotion of views contrary to law, morality, or the common good. The law also requires that all broadcasts “respect the religious feelings of the audiences and, in particular, respect the Christian system of values.”

Critics alleged persistent progovernment bias in state television news broadcasts.

Libel/Slander Laws: Defamation by print and broadcast journalists is a criminal offense and includes publicly insulting or slandering the president, members of parliament, government ministers and other public officials, the Polish nation, foreign heads of state and ambassadors, private entities and persons, as well as insult or destruction of the national emblem, the flag, other state symbols, and monuments. Defamation outside media is punishable by a fine and community service. The courts rarely applied maximum penalties, and persons convicted of defamation generally faced fines or imprisonment of less than one year. The maximum sentence for insulting the president is three years’ imprisonment.

On August 5, police charged three persons with desecrating monuments and offending religious sentiment by placing rainbow flags on several monuments around Warsaw, including an historic religious statue standing in front of a Roman Catholic Church associated with Warsaw’s occupation. If convicted the three may face a fine for insulting the monuments and up to two years in prison for offending religious sentiment.

The Helsinki Foundation for Human Rights and the Association of Polish Journalists reported that journalists convicted of defamation had never received the maximum penalty. According to the Helsinki Foundation, however, the criminal defamation law may have a chilling effect on journalists, especially in local media, since local authorities may use the law against journalists. Media owners, particularly of small local independent newspapers, were aware that potentially large fines could threaten the financial survival of their publications. According to the Helsinki Foundation, there was a considerable increase in the number of convictions under the criminal defamation law over the last several years. The foundation observed that those seeking to protect their reputations were more likely to pursue criminal defamation charges than civil litigation. This may negatively affect the operation of local media outlets, which the foundation stated were often the only source of accountability for local officials. According to Ministry of Justice statistics for 2018, the most recent data available, courts convicted one person of insulting the president and three persons for insulting constitutional organs of the government. In 2018 the courts fined two persons for public defamation through media using the public prosecution procedure, when a private person presses criminal charges against another person. In 2018 there were 116 convictions for criminal defamation through media using the private prosecution procedure.

On September 2, the Supreme Court struck down a Lodz District Court judgment from February 2019 against investigative reporter Wojciech Biedron on charges of public insult of a judge for inaccurately reporting that a court had initiated disciplinary proceedings against the judge. The September 2 decision resulted from a complaint filed with the Supreme Court by the prosecutor general in September 2019. The case was sent back to the district court for a retrial.

Nongovernmental Impact: On July 7, unknown perpetrators vandalized the offices of the magazine Fakty Social Dialogue. The perpetrators wrote “Fakty TVN go away” on the office walls, apparently mistaking the magazine’s offices for those of private television station TVN’s flagship news program Fakty, which had broadcast criticism of the government. The magazine’s equipment and server room were destroyed, and hard drives from laptops and computers were stolen. The editor in chief of the magazine claimed the vandalism was the result of a campaign by the governing party against “opposition media.”

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications or email without appropriate legal authority. The law authorizes the (ABW) to block websites without a prior court order in cases relating to combating, preventing, and prosecuting terrorist crimes; shut down telecommunications networks when there is a terrorist threat; and conduct surveillance of foreign nationals for up to three months without a court order. During the year there were no reports by media or NGO sources that the ABW blocked websites.

The law against defamation applies to the internet as well.

Academic Freedom and Cultural Events

There were no reports of government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The law permits restrictions on public assemblies in situations of elevated terrorist threats. During the year there were no cases of the prohibition of a public assembly due to an elevated terrorist threat.

Due to the COVID-19 pandemic, on March 13, the government limited public assemblies to a maximum of 50 persons. From March 31 to May 29, due to a declared “state of epidemic,” the government introduced a total ban on public assemblies. From May 30 to October 16, public assemblies of up to 150 participants were allowed, except for so-called spontaneous gatherings organized without prior notification to local authorities. On October 17, new regulations entered into force that allowed public assemblies of up to 10 participants in regions of the country with the highest numbers of COVID-19 infections and 25 participants in the remaining parts of the country. On October 24, public assemblies were limited to five participants nationwide. In a speech to the Senate on November 27, the ombudsperson expressed concerns that police were increasingly using excessive means of direct coercion against demonstrators over the course of the pandemic and urged the Senate to work on a bill “to make the police more oriented towards observing human rights.”

On May 16, police detained more than 380 persons following a protest by entrepreneurs in Warsaw against government policy towards businesses during the COVID-19 pandemic. Police used tear gas to disperse the protest. The government punished 220 persons for violating social distancing restrictions, and five were charged with more serious crimes, including assaulting police officers.

On October 27, following several days of large public demonstrations against an October 22 Constitutional Court ruling restricting abortion, Law and Justice Party Chairman and Deputy Prime Minister Jaroslaw Kaczynski released a video statement claiming protest organizers and protesters themselves were committing a “serious crime” by protesting during a period of heightened COVID-19 infections in the country. He said authorities had an “obligation to oppose such events.”

c. Freedom of Religion

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

d. Freedom of Movement

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

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

In addition to guarded centers for foreigners, the government operated 10 open centers for asylum seekers with an aggregate capacity of approximately 1,900 persons in the Warsaw, Bialystok, and Lublin areas.

Abuse of Migrants, Refugees, and Stateless Persons: Some incidents of gender-based violence in the centers for asylum seekers occurred, but UNHCR reported that local response teams involving doctors, psychologists, police, and social workers addressed these cases. UNHCR reported no major or persistent problems with abuse in the centers.

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.

On July 23, the European Court of Human Rights ruled against the country, stating it violated the European Convention on Human Rights by not accepting a group of asylum seekers from Russia and not allowing them to file applications for international protection. The case originated in 2017 when several Russian asylum seekers of Chechen origin attempted to enter the country via Belarus but were repeatedly returned to Belarus. The Polish Border Guard refused to accept their applications for international protection even though some had documents that proved they were victims of torture and persecution. On July 24, the Warsaw branch of UNHCR appealed to the government to follow international law and allow asylum seekers to apply for international protection in the country.

Safe Country of Origin/Transit: The EU’s Dublin III Regulation, to which the country is subject, recognizes all EU countries as safe countries of origin and transit. The regulation also authorizes the governments of EU member states to return asylum seekers to the countries where they first entered the EU. The law permits denial of refugee status based on safe country of origin or safe country of transit but includes provisions that allow authorities to consider the protection needs of individuals in exceptional cases.

Freedom of Movement: Authorities placed some asylum seekers in guarded centers for foreigners while they awaited deportation or decisions on their asylum applications. Border guards may place an individual in a guarded center only by court order. The law prohibits the placement of unaccompanied minors younger than 15 in guarded centers. Border guards typically sought to confine foreigners who attempted to cross the border illegally, lacked identity documents, or committed a crime during their stay in the country.

Employment: Asylum seekers are not allowed to work during the first six months of the asylum procedure. If the asylum procedure lasts longer than six months, they may work until the asylum decision is final.

Access to Basic Services: Asylum seekers faced language and cultural barriers and had limited access to higher education. Children in centers for asylum seekers had free access to public education, in addition to other educational activities organized in the center, but those placed with relatives in guarded centers for foreigners did not.

Temporary Protection: The government also provided temporary protection to some individuals who did not qualify as refugees. Between August 18 and November 12, according to Ministry of Interior and Administration statistics, 1,050 Belarusian citizens entered the country under special procedures, including “humanitarian visas,” refugee status, and special permissions from the Border Guard’s chief commander. In addition, 330 Belarusians entered the country under the Ministry of Development program Poland. Business Harbor, which facilitates business activity for Belarusians who want to relocate their business to Poland.

g. Stateless Persons

The law affords the opportunity for stateless persons to obtain nationality. A 2019 UNHCR report noted, however, that the government’s lack of a formal procedure of identifying stateless persons led to protection gaps and exposed stateless persons to many negative consequences, including detention.

The 2019 UNHCR report noted several problems resulting from stateless status, including the inability to undertake legal employment or to access social welfare and health care. Stateless persons often lack identity documents, which limits their ability to perform many legal actions, such as opening a bank account or entering into a marriage. According to UNHCR, such problems made this group particularly vulnerable to poverty and marginalization.

Section 3. Freedom to Participate in the Political Process

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: The Organization for Security and Cooperation in Europe (OSCE) conducted an election observation mission and concluded in its preliminary findings that the June 28 first-round presidential election was administered professionally despite legal uncertainty during the electoral process related to the outbreak of the COVID-19 pandemic. The elections were originally scheduled for May 10; however, the opposition and members of the ruling coalition objected to holding the election due to the risks posed by the pandemic and differences over the implementation of postal voting. After members of the ruling coalition agreed on May 6 to postpone the election until the summer, the National Electoral Commission issued a resolution on May 10 stating it was not possible to conduct the vote that same day, and the Sejm set a new date. According to the OSCE’s report on the first-round election, the decision to continue with the election under the pandemic necessitated legal and practical adjustments that put at risk “the stability and clarity of the otherwise suitable election legislation.” The report stated the changes “had practical implications for candidate registration, campaigning and campaign finance, voting methods, and resolution of election disputes.” The report stated the election campaign was characterized by “negative and intolerant rhetoric further polarizing an already adversarial political environment.” It also stated the public broadcaster “failed to ensure balanced and impartial coverage, and rather served as campaign tool for the incumbent.” The OSCE noted that the second round of elections on July 12 was well managed and candidates were “able to campaign freely in a competitive runoff, but hostility, threats against media, intolerant rhetoric, and cases of misuse of state resources detracted from the process. The polarized media environment, and particularly the biased coverage by the public broadcaster, remained a serious concern.” On August 3, the Supreme Court formally certified the results of the July 12 presidential runoff that resulted in the incumbent president’s re-election. The OSCE’s final report published on September 23 confirmed the initial findings and included 27 recommendations to improve the conduct of elections and “to support efforts to bring [the country] fully in line with…international obligations and standards for democratic elections.”

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. Women’s political participation remained low, with women accounting for 5 percent of ministerial positions, 29 percent of local legislature positions, and 28 percent of national legislature (Sejm and Senate) positions.

Section 4. Corruption and Lack of Transparency in Government

Corruption: The law provides criminal penalties for corruption by officials, and criminal prosecutions for official corruption occurred. There were reports of corruption that resulted in legal action.

On January 29, the Przemysl District Court lowered a previous sentence for former head of Podkarpackie Province Miroslaw Karapyta from four to three years in prison, reduced charges of attempted rape to sexual harassment, and dropped some charges for corruption. A year earlier the court found him guilty of nine charges, including two cases of attempted rape, accepting a personal favor in the form of sexual intercourse, and accepting expensive gifts in return for favors.

On February 28, the Wroclaw Srodmiescie Regional Court sentenced Jozef Pinior, a former senator and member of European parliament, to 18 months in prison for corruption. The court found him guilty of accepting bribes from businessmen in return for intervening with various public institutions to get favorable decisions for their businesses. In September, Pinior filed an appeal against the court’s ruling, claiming he was not guilty.

On July 20, the Central Anticorruption Bureau (CBA) detained Slawomir Nowak, former transportation minister under the prior Civic Platform (now opposition) government, on charges of corruption and leading an organized criminal group. His arrest resulted from a Polish-Ukrainian investigation into alleged corruption when he served as the president of the Ukrainian State Road Agency. Nowak was placed in pretrial detention on July 23.

Financial Disclosure: The law obliges elected and appointed public officials to submit financial statements concerning their financial assets, real property, stocks, and bonds. According to the NGO Stefan Batory Foundation, the CBA was able to screen fewer than 1 percent of all financial disclosure statements filed by politicians and senior officials. With the exception of certain situations provided for by law, the regulations protect information included in financial statements as “restricted access” information that may be made public only with the written permission of the provider.

In April the CBA stated that an audit of Supreme Audit Board head Marian Banas’ required financial declarations revealed Banas lowered the amount of his financial assets in declarations he filed between 2015 and 2019 by approximately 200,000 zloty ($51,600) and failed to report undocumented income from 2018 to 2019 in the amount of 257,000 zloty ($66,300). In November 2019 the CBA notified the Prosecutor’s Office of potential crimes committed by Banas related to false property declarations, concealing a property’s actual status, and undocumented sources of income. In December 2019 the regional prosecutor’s office in Bialystok opened an investigation. In 2019 the prime minister and other leaders of the ruling Law and Justice Party called on Banas to resign, but at year’s end he had not done so. Banas denied the allegations and sued the media outlet that uncovered the reported improprieties for defamation. The investigation into false financial disclosure statements continued at year’s end.

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases.

Government Human Rights Bodies: The law entrusts the ombudsperson and the government plenipotentiary for equal treatment with the task of “implementing the principle of equal treatment.”

In cooperation with NGOs, the ombudsperson processes complaints, conducts investigations, institutes and participates in court proceedings, undertakes studies, provides other public bodies with advice, proposes legislative initiatives, and conducts public information campaigns. The ombudsperson has no authority to mediate disputes between private entities, even in cases of racial discrimination. The ombudsperson presents an annual report to the Sejm on the state of human rights and civic freedom in the country.

The government plenipotentiary for equal treatment has a mandate to counter discrimination and promote equal opportunity for all. The plenipotentiary implements the government’s equal treatment policy, develops and evaluates draft acts, analyzes and evaluates legal solutions, and monitors the situation within the scope of application of the principle of equal treatment. In March the plenipotentiary’s position moved to the Ministry of Family and Social Policy. The plenipotentiary also serves as a deputy minister. As such, it does not have the same institutional independence as the ombudsperson and does not have a separate budget.

Both chambers of parliament have committees on human rights and the rule of law. The committees serve a primarily legislative function and consist of representatives from multiple political parties.

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to 12 years in prison.

While courts may sentence a person convicted of domestic violence to a maximum of five years in prison, most of those found guilty received suspended sentences. The law permits authorities to place restraining orders without prior approval from a court on spouses to protect against abuse.

On November 30, a new law entered into force introducing an immediate restraining order that may be issued by police who respond to a domestic dispute. Under the revised law, the perpetrator must immediately leave the location where the violence took place. The president signed the legislation into law on May 19.

The Women’s Rights Center reported that police were occasionally reluctant to intervene in domestic violence incidents, sometimes arguing there was no need for police intervention. The center also noted some women complained police did not properly respond to their calls because they were preoccupied with duties related to monitoring the implementation of COVID-19 restrictions. During the country’s lockdown in March and April due to the pandemic, women’s rights NGOs noted an increase in the number of calls to their hotlines from domestic violence victims.

The law requires every municipality in the country to set up an interagency team of experts to deal with domestic violence.

Centers for victims of domestic violence operated throughout the country. The centers provided social, medical, psychological, and legal assistance to victims; training for personnel who worked with victims; and “corrective education” programs for abusers.

Sexual Harassment: The law prohibits sexual harassment, and violations carry penalties of up to three years’ imprisonment. According to the Women’s Rights Center, sexual harassment continued to be a serious and underreported problem.

Reproductive Rights: Couples and individuals generally have the legal right to decide freely and responsibly the number, spacing, and timing of their children but had restricted access to the information and means to do so. On October 22, the Constitutional Tribunal outlawed abortion in all but limited circumstances, although the implementation of this ruling was delayed. NGOs noted that infertility treatments were only available to legally married couples defined as a man and a woman, restricting access by LGBTI couples and all single persons.

The law obliges both central and local governments to provide citizens with unrestricted access to methods and means serving “conscious procreation,” implemented by the government as gynecological counseling for women and girls and access to contraception. While there were no legal restrictions on the right to obtain contraceptives, a patient’s ability to obtain them was limited, according to NGOs. The Federation for Women and Family Planning (Federa) noted the government excluded almost all prescription contraceptives from its list of subsidized medicines, making them less affordable, especially for poor women in rural areas. The law also provides that doctors may refrain from performing health services inconsistent with their conscience. According to a report during the year by ASTRA (the Central and Eastern European Network for Sexual and Reproductive Health and Rights), doctors regularly used the conscience clause to refuse to write prescriptions for contraceptives. The report also noted that some pharmacies intentionally did not sell contraceptives or have them in stock. The law does not permit voluntary sterilization. According to Federa, young persons lacked sex counseling services.

Although women have the right to comprehensive medical services before, during, and after childbirth, home birth, while legal, is not subsidized by the National Health Fund. According to the Childbirth with Dignity Foundation, standards for perinatal and postnatal care written into the laws are adequate, but the government failed to enforce them effectively. A 2018 report by the Supreme Audit Office indicated women living in rural areas had limited access to medical services related to childbirth due to an insufficient number of gynecological and obstetric clinics in smaller towns and villages.

The government provided access to sexual and reproductive health services for survivors of sexual violence. According to women’s rights NGOs, access was limited due to victims’ fear of social stigma, some legal constraints, and the use of the conscience clause by medical doctors who refused to provide such services.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for the same legal status and rights for men and women and prohibits discrimination against women, although few laws exist to implement the provision. The constitution requires equal pay for equal work, but discrimination against women in employment existed (see section 7.d.).

Children

Birth Registration: A child acquires citizenship at birth if at least one parent is a citizen, regardless of where the birth took place. Children born or found in the country whose parents were unknown or stateless are also citizens. The government has a system of universal birth registration immediately after birth.

Child Abuse: A government ombudsperson for children’s rights issued periodic reports on problems affecting children, such as the need for improved medical care for children with chronic diseases. The ombudsperson’s office also operated a 24-hour free hotline for abused children. The government continued its public awareness campaigns, aimed at preventing physical violence or sexual abuse against children.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18, although courts may grant permission for girls as young as 16 to marry under certain circumstances.

Sexual Exploitation of Children: The law prohibits sexual intercourse with children younger than 15. The penalty for statutory rape ranges from two to 12 years’ imprisonment.

Child pornography is illegal. The production, possession, storage, or importation of child pornography involving children younger than 15 is punishable by three months’ to 10 years’ imprisonment. During the year police conducted several operations against child pornography and alleged pedophiles.

According to the government and the Children Empowerment Foundation, a leading NGO dealing with trafficking in children, trafficking of children for sexual exploitation remained a problem.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Union of Jewish Communities estimated the Jewish population at 20,000. Anti-Semitic incidents continued to occur, often involving desecration of significant property, including a synagogue and Jewish cemeteries, and sometimes involving anti-Semitic comments on television and social media. Some Jewish organizations expressed concern regarding the physical safety and security of their members.

On February 27, a member of the lower house of parliament, Janusz Korwin-Mikke, said, “As a result of the pogroms, the strongest and the most gifted [Jews] survived…. The Jews are a power because they had pogroms.” He added, “There are even theories that rabbis deliberately provoke pogroms precisely so that Jews survive and then there is natural selection.”

During the year there were several attacks on Jewish properties and houses of worship. Examples included: defacement in mid-March by unknown perpetrators of a plaque commemorating the local Jewish community and Jewish residents of the city of Szczecin, who were killed during World War II in the Belzec extermination camp; the breaking of a synagogue’s windows on April 14 in the city of Wroclaw by a man who used neo-Nazi speech and gestures; and the tipping over of dozens of tombstones by unknown perpetrators in three Jewish cemeteries in the city of Zabrze and the towns of Dobrodzien and Tarnowskie Gory in September.

In mid-June a narrative appeared in public media during the presidential campaign that drew accusations of anti-Semitism from the domestic and international Jewish community. On June 15, the state-run television broadcaster ran a story claiming that the main challenger to the incumbent president would use public funds to “compensate Jews” with respect to private property restitution should he be elected president. It also claimed the candidate’s approach to restitution “was not based on Poland’s interests” and included images of Israel, George Soros, the Auschwitz-Birkenau concentration camp, and money falling out of a bag. On June 16, American Jewish Committee Central Europe acting director Sebastian Rejak sent a letter to the Polish Media Ethics Council stating that public television coverage could “incite hatred and contempt towards Jews in the world and Polish Jews.” On June 18, Chief Rabbi of Poland Michael Schudrich and the Union of Jewish Communities in Poland released a joint statement that declared, “public media should educate and integrate, not divide” and added, “we must all speak against the use of anti-Semitism or hatred of any other group for political purposes.” On June 29, the OSCE issued a first-round presidential election assessment that stated public television had become “a campaign tool for the incumbent” with reporting that had “clear xenophobic and anti-Semitic undertones.”

A trial of six persons accused of publicly promoting Nazism in 2017 by organizing a celebration of Hitler’s birthday in a forest, donning Wehrmacht uniforms, and burning a swastika continued at year’s end. The incident was secretly filmed and later broadcast by undercover television journalists. The main organizer of the event, a member of the neo-Nazi Pride and Modernity Association, pleaded not guilty, claiming the event was private. In August 2019 in a separate case, the Gliwice Regional Court decided to dissolve Pride and Modernity, stating that the event was tantamount to approval or even affirmation of Hitler and Nazism. In November 2019 the legal representative of the association appealed against the decision. On February 5, the Gliwice District Court suspended the appeal procedure due to the continuing separate trial into irregularities related to the registration of the association.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. The government did not effectively enforce these provisions, and there were reports of societal discrimination against persons with disabilities. The government restricted the right of persons with certain mental disabilities to vote or participate in civic affairs.

The law states that buildings should be accessible for persons with disabilities, but many buildings remained inaccessible. Public buildings and transportation generally were accessible, although older trains and vehicles were often less so, and many train stations were not fully accessible.

The law states that education is obligatory for all children, including those with disabilities. Children with disabilities may attend schools where they are integrated with children without disabilities, or they may attend separate schools, depending on the significance of their disability.

Members of National/Racial/Ethnic Minority Groups

A number of xenophobic and racist incidents occurred during the year. Several incidents tied to the COVID-19 outbreak occurred in the early days of the pandemic.

On February 28, a bridal store in Warsaw refused to serve two female customers of Indonesian origin because employees thought they might be infected with COVID-19.

On March 25, three men attacked a young Chinese woman who worked at the Silesian University in the town of Sosnowiec. The men surrounded her and shouted “coronavirus” and “China” at her. Police detained one man who was charged with assaulting the woman on the grounds of her national origin, for which he could face up to a three-year prison term.

On November 11, the annual Independence Day March in Warsaw was again organized by a coalition of groups, including the National Radical Camp and All Polish Youth, widely deemed extremist and nationalist in their ideologies. Unlike previous years there were no reports of slogans targeting national or ethnic minorities, but violence occurred mainly between some march participants and police. There was also an incident where participants threw flares at a building displaying a rainbow flag and the logo of a women’s rights group, starting a fire (no injuries were reported).

Societal discrimination against Roma continued to be a problem. The 2011 national census recorded 16,723 Roma, although an official government report on the Romani community estimated that 20,000 to 25,000 Roma resided in the country. Romani community representatives estimated that 30,000 to 35,000 Roma resided in the country.

Romani leaders complained of widespread discrimination in employment, housing, banking, the justice system, media, and education.

During the year the government allocated 11.2 million zloty ($2.88 million) for programs to support Romani communities, including for educational programs. The Ministry of Education helped finance school supplies for Romani children. The Ministry of Interior and Administration provided school grants for Romani high school and university students, postgraduate studies on Romani culture and history in Krakow, and Romani-related cultural and religious events.

The Ukrainian and Belarusian minorities continued to experience harassment and discrimination. On February 9, seven men verbally and physically attacked a group of five foreigners from Ukraine, Belarus, and Russia in the city center of Torun. One of the attackers, who turned himself in to police, was charged with using violence and making threats against others on the grounds of their national identity. On February 18, the man was placed in pretrial detention for three months. Police were searching for other perpetrators at year’s end.

On May 23, a man physically attacked a Ukrainian man and insulted his nationality in a store in the city of Gdansk. Police intervened and charged the man with public insult on the grounds of national identity. The man pleaded guilty and received 10 months of community service.

On June 27, a man attacked a Belarusian security guard in a store in Krakow after the guard asked him to leave the store for not wearing a face mask. The man verbally abused the guard and spat on him several times. On July 2, police detained the man and charged him with public insult on the grounds of national identity, for which he may face up to a three-year prison term.

During the year there were incidents of xenophobic attacks targeting those of African and Middle Eastern descent.

On July 14, two men attacked and shouted racist insults at a man of African descent at a bus stop in the town of Wieliczka. A bystander defended the victim and was also brutally attacked. On July 17, police detained one of the attackers and charged him with public incitement to hatred on the grounds of nationality, inflicting bodily harm, and making death threats. The man was placed in pretrial detention for three months.

On August 2, a group of six men verbally and physically assaulted a group of four foreigners, including citizens of Nigeria, Saudi Arabia, and Tunisia, on a street in Krakow. Four of the suspects were arrested and faced up to five years in prison for violence on the grounds of race or nationality. Police continued to search for the other two perpetrators at year’s end.

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

While the constitution does not prohibit discrimination on the specific grounds of sexual orientation, it prohibits discrimination “for any reason whatsoever.” The laws on discrimination in employment cover sexual orientation and gender identity but hate crime and incitement laws do not. The government plenipotentiary for equal treatment is charged with monitoring discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals and groups. LGBTI advocacy groups, however, criticized the plenipotentiary office for a lack of interest and engagement in LGBTI issues. The ombudsperson also continued to work on LGBTI human rights cases.

During the year several government officials made anti-LGBTI or homophobic public statements. In presidential campaign remarks on June 13, President Andrzej Duda asserted “LGBT ideology” was a form of “neo-Bolshevism” and “even more destructive” than Communism itself. Former interior minister and sitting Member of European Parliament Joachim Brudzinski wrote on Twitter on June 13 that “Poland without LGBT is most beautiful.” Minister of Education and Science Przemyslaw Czarnek stated on June 13 (he was not yet minister at the time) that LGBTI persons were “not equal to normal people.” On July 30, Deputy Minister of State Assets Janusz Kowalski declared the entire country should be an “LGBT-free zone.” He added that a law should be adopted to prohibit public funding of any activities of organizations that explicitly promote “LGBT.” At an election rally on July 1, President Duda said adoption by same-sex couples constituted experimentation on and enslavement of children. On August 25, then minister of education Dariusz Piontkowski defended the education superintendent of Lodz Province for saying the “LGBT virus…of ideology” was “much more dangerous” than COVID-19. On September 14, Law and Justice Party chairman and soon-to-be deputy prime minister Jaroslaw Kaczynski said “LGBT ideology” was a threat “to the very foundations of our civilization.”

On August 7, authorities used force to detain 48 persons in Warsaw during a protest against the pretrial detention of an LGBTI activist. The representatives of the National Preventive Mechanism (NPM) operating under the human rights ombudsperson investigated the mass arrest and released a report on September 7 that stated the treatment of detainees by police “constituted degrading treatment, and in some cases…inhuman treatment.” The NPM interviewed 33 of the 48 detainees, who complained, inter alia, about disproportionate use of force by police, use of homophobic or transphobic comments by police, lack of access to food and drinking water, not being promptly informed of the right to a lawyer, and difficulty in contacting or meeting with a lawyer. In an August 8 press conference, the minister of justice stated police had behaved professionally. On September 2, the deputy minister of interior and the chief of police briefed a Sejm committee on the August 7 events and argued the police reaction was appropriate and proportional to the situation.

During the year there were several verbal and physical attacks against members of the LGBTI community. On August 11, two perpetrators using homophobic language brutally beat a man in Poznan. The man sustained a broken nose and concussion as a result of the attack. The attackers were charged with bodily injury and theft. On August 14, an activist affiliated with LGBTI rights groups reported he was physically and verbally attacked in Warsaw because he was holding hands with his LGBTI partner. He reported he had a broken tooth and a black eye and that his partner suffered bruises on his body. Police opened an investigation into the incident.

During the year local governments around the country adopted “family rights charters,” bringing the total number who had adopted such charters or separate declarations rejecting “LGBT ideology” to more than 90 since 2019. These legally nonbinding documents focused in varying degrees on preventing “LGBT ideology” in schools, called for protection of children against moral corruption, and declared marriage as a union between a woman and a man only. LGBTI NGOs stated the declarations may have a chilling effect on institutions subordinate to local governments and may increase the number of hate crimes. On July 14, the Gliwice administrative court struck down a declaration adopted by the Istebna municipality as a result of a complaint filed by the human rights ombudsperson in December 2019. The court ruled the declaration violated administrative law and the constitution, in particular the ban against discrimination on the grounds of sexual orientation and gender identity. Minister of Justice and Prosecutor General Zbigniew Ziobro sent appeals against the ruling and a similar one regarding a declaration in the Klwow municipality to the Supreme Administrative Court in September. Meanwhile, on June 23 and 24, the Krakow administrative court rejected the ombudsperson’s complaints against the municipality of Lipinki and the county of Tarnow, arguing that the declarations neither limited nor interfered with the constitutional rights and freedoms of any group of citizens and did not discriminate against any person. On August 18, Ziobro defended local communities that signed such declarations and emphasized the declarations referred to “ideology,” not individuals. Ziobro argued that while local authorities did not persecute LGBTI persons, they also did not accept “offensive actions” of LGBTI groups that tried to “impose their ideology” on others.

On February 11, the Supreme Administrative Court dismissed the final appeal of a same-sex couple who wanted to register the birth of their foreign-born child in the country. The child was born abroad to the two women, and his foreign birth certificate listed them as his parents. Polish birth certificates list spaces for a mother and a father. The Supreme Administrative Court found that a woman could not be listed in the space provided for a father’s name, and a man could not be listed in the space provided for a mother’s name.

A 2019 survey conducted by Pew Research Center found a rise in tolerance toward the LGBTI community in the country, with almost half of citizens (47 percent) declaring society should accept homosexuality, compared with the 2002 edition of the survey, in which 40 percent of those polled expressed acceptance.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and provides legal measures under which workers fired for union activity may demand reinstatement. Individuals who are self-employed or in an employment relationship based on a civil law contract are permitted to form a union.

Government workers, including police officers, border guards, prison guards, and employees of the supreme audit office, are limited to a single union. Workers in services deemed essential, such as security forces, the Supreme Chamber of Audit, police, border guards, and fire brigades, do not have the right to strike. These workers have the rights to protest and to seek resolution of their grievances through mediation and the court system.

Trade unions are registered when at least 10 eligible persons adopt a resolution to form a trade union. Newly established trade unions must appoint a founding committee consisting of three to seven persons. A new trade union must register with the National Court Registry within 30 days of the resolution. The court may remove a trade union from the registry only if a trade union adopts a resolution to dissolve; is no longer able to operate due to the bankruptcy, liquidation, or reorganization of the company in which the trade union operated; or if a trade union has fewer than 10 members for more than three months.

Legal strike ballots require the support of the majority of union voters. To allow for required mediation, a strike may not be called fewer than 14 days after workers present their demands to an employer. The law obligates employers to report workplace group disputes to the district inspection office in their regions. Cumbersome procedures made it difficult for workers to meet all of the technical requirements for a legal strike. What constitutes a strike under the law is limited to strikes regarding wages and working conditions, social benefits, and trade union rights and worker freedoms. The law prohibits collective bargaining for key civil servants, appointed or elected employees of state and municipal bodies, court judges, and prosecutors.

The penalties for obstructing trade union activity range from fines to community service. The government did not effectively enforce applicable law. Resources, inspections, and remediation efforts were not adequate, and the small fines imposed as punishment were an ineffective deterrent to employers. Administrative and judicial procedures were subjected to lengthy delays and appeals. Unions alleged that the government did not consistently enforce laws prohibiting retribution against strikers.

Trade union representatives stated that violations of freedom of association and the right to collective bargaining occurred. While many workers exercised the right to organize and join unions, many small and medium-sized firms, which employed a majority of the workforce, discriminated against those who attempted to organize. The government enforced applicable law, but penalties for violations were not commensurate with those for other laws related to the denial of civil rights.

Labor leaders continued to report that employers regularly discriminated against workers who attempted to organize or join unions, particularly in the private sector. Discrimination typically took the forms of intimidation, termination of work contracts without notice, and closing of the workplace. Some employers sanctioned employees who tried to organize unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Nevertheless, forced labor occurred.

The government effectively enforced the law. Penalties for forced labor violations were commensurate with those of other serious crimes. In 2019, the most recent year for which statistics were available, the government assisted in removing 154 victims from forced labor.

There were reports that foreign and Polish men and women were subjected to forced labor in construction, agriculture, and restaurants and that children were subjected to forced begging (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than 16, with exceptions in the cultural, artistic, sporting, and advertising fields when parents or guardians and the local labor inspector give their permission. The labor inspector issues a permit on the basis of psychological and medical examinations. Child labor is not allowed if the work may pose any threat to life, health, or physical and mental development of the child, or may conflict with the child’s education. The law prohibits all of the worst forms of child labor. The government effectively enforced applicable law prohibiting employment of children younger than 16, and penalties were commensurate with those of other serious crimes.

Some children younger than 18 engaged in hazardous work in agriculture, primarily on family farms. Migrant Romani children from Romania were subjected to forced begging. Commercial sexual exploitation of children also occurred (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation in any way, directly or indirectly, on all grounds, in particular on the grounds of race, sex, color, religion, political opinion, national origin, ethnic origin, disability, sexual orientation, age, or trade union membership, and regardless of whether the person is hired for definite or indefinite contracts, or for full- or half-time work. The law does not specifically prohibit such discrimination based on language, HIV-positive status, gender identity, or social status. According to the Polish Society for Antidiscrimination Law, by law the accused must prove that discrimination did not take place. In the case of labor contracts that are protected by law, antidiscrimination measures are adequate, and judges know how to apply them. Civil contracts are protected under antidiscrimination law, which prohibits unequal treatment in employment on the basis of gender, race, ethnic origin, nationality, religion, belief, viewpoint, disability, age, or sexual orientation. According to the society, it is relatively straightforward for claimants to assert discrimination occurred during court proceedings; however, very few employees come forward and report discrimination at the workplace. The government enforced applicable law, but penalties for violations were not commensurate with those of similar laws related to civil rights.

On September 29, the Warsaw District Court ruled an employer discriminated against a transgender woman worker by requiring her to wear a male uniform. The woman’s lawyer said it was the first time that a Polish court affirmed a legal prohibition on discrimination against transgender persons in the workplace.

On May 28, the Warsaw district prosecutor’s office announced charges against a human resources manager at an IKEA store for dismissing an employee after he posted quotes from the Bible on the company’s intranet website to imply gay persons deserved death. Prosecutors argued the manager violated the employee’s religious rights. On June 2, several dozen NGOs working on nondiscrimination and equal treatment issued a statement protesting the decision to press charges, arguing that the manager properly fulfilled her duties by preventing discrimination in the workplace. On November 27, the Krakow District Court began a criminal trial against the human resources manager. On November 10, a labor branch of the Krakow court started a labor dispute case against IKEA that was initiated by the fired employee. The employee demanded compensation and the right to return to work.

Discrimination in employment and occupation occurred with respect to gender, age, minority status, disability, political opinion, sexual orientation, gender identity, and trade union membership. According to NGOs, sexual harassment at the workplace was an underreported problem, and police statistics showed a low number of identified offenses (107 in 2019, the latest statistics available). Discrimination against Romani workers also occurred (see section 6, Members of National/Racial/Ethnic Minority Groups).

e. Acceptable Conditions of Work

The national monthly minimum wage and the minimum wage for formal work agreements meet the social minimum monthly income level. There is no minimum wage for informal work agreements. There were reports of employers withholding wages or underpaying laborers under informal work agreements, particularly Ukrainian migrant workers in the construction and agriculture industries.

The constitution provides every employee the right to statutorily specified days free from work as well as annual paid holidays.

The law defines strict and extensive minimum conditions to protect worker health and safety and empowers the National Labor Inspectorate (NLI) to supervise and monitor implementation of worker health and safety law and to close workplaces with unsafe conditions. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. While the NLI’s powers are limited to the formal economy, one of its responsibilities is to inspect the legality of employment, which can contribute to limiting work in the informal economy and ensuring employees who are hired in the informal economy are provided with appropriate occupational health and safety conditions.

Resources were inadequate to enforce effectively minimum wage, hours of work, and occupational health and safety in the formal or informal sectors. Penalties for violations were commensurate with those of other similar laws. The number of labor inspectors was not sufficient to enforce compliance. Labor inspectors had the authority to conduct unannounced inspections and initiate sanctions.

According to the inspectorate’s 2019 report, labor rights violations primarily concerned failure to pay or delayed payment of wages, failure to pay for overtime work, and failure to sign a labor contract in situations when the job performed constituted regular labor. Most wage payment violations occurred in the processing and trade services industries. Seasonal workers were particularly vulnerable to such violations. The national inspectorate’s report did not cover domestic workers because inspectors could only conduct inspections in businesses, not private homes. Another common problem was inaccurate timekeeping records for hours worked.

The large size of the informal economy–particularly in the construction and transportation industries–and the low number of government labor inspectors made enforcement of the minimum wage difficult. The Main Statistical Office definition of informal economy includes unregistered employment performed without a formal contract or agreement and is not counted as a contribution to social security and from which income taxes are not deducted. According to the Central Statistical Office, in 2017 (the latest year for which data were available) 5.4 percent of the workforce (880,000 persons) worked in the informal economy.

In 2019 the NLI launched a three-year information and education campaign to improve work-related health and safety standards in meat-processing companies and continued similar programs targeting construction companies, small businesses, and agricultural employers.

Employers routinely exceeded standards limiting exposure to chemicals, dust, and noise. According to the NLI’s 2019 report, the majority of work-related accidents occurred in industrial processing companies, at construction sites, and in trade. The report also noted poor organization of work processes, lack of proper supervision of employees, inadequate training of employees in work-related health and safety standards, and inadequate measures by employers to prevent accidents were among the leading causes of workplace accidents. The Central Statistical Office reported 83,205 victims of workplace accidents, including 184 fatal accidents during 2019.

Russia

Executive Summary

The Russian Federation has a highly centralized, authoritarian political system dominated by President Vladimir Putin. The bicameral Federal Assembly consists of a directly elected lower house (State Duma) and an appointed upper house (Federation Council), both of which lack independence from the executive. The 2016 State Duma elections and the 2018 presidential election were marked by accusations of government interference and manipulation of the electoral process, including the exclusion of meaningful opposition candidates. On July 1, a national vote held on constitutional amendments did not meet internationally recognized electoral standards.

The Ministry of Internal Affairs, the Federal Security Service, the Investigative Committee, the Office of the Prosecutor General, and the National Guard are responsible for law enforcement. The Federal Security Service is responsible for state security, counterintelligence, and counterterrorism, as well as for fighting organized crime and corruption. The national police force, under the Ministry of Internal Affairs, is responsible for combating all crime. The National Guard assists the Federal Security Service’s Border Guard Service in securing borders, administers gun control, combats terrorism and organized crime, protects public order, and guards important state facilities. The National Guard also participates in armed defense of the country’s territory in coordination with Ministry of Defense forces. Except in rare cases, security forces generally report to civilian authorities. National-level civilian authorities have, at best, limited control over security forces in the Republic of Chechnya, which are accountable only to the head of Chechnya, Ramzan Kadyrov. Members of the Russian security forces committed numerous human rights abuses.

The country’s occupation and purported annexation of Ukraine’s Crimean Peninsula continued to affect the human rights situation there significantly and negatively. The Russian government continued to arm, train, lead, and fight alongside Russia-led separatist forces in eastern Ukraine. Credible observers attributed thousands of civilian deaths and injuries, as well as numerous abuses, to Russian-led forces in Ukraine’s Donbas region (see the Country Reports on Human Rights Practices for Ukraine). Authorities also conducted politically motivated arrests, detentions, and trials of Ukrainian citizens in Russia, many of whom claimed to have been tortured.

Significant human rights issues included: extrajudicial killings and attempted extrajudicial killings, including of lesbian, gay, bisexual, transgender, and intersex persons in Chechnya by local government authorities; enforced disappearances; pervasive torture by government law enforcement officers that sometimes resulted in death and occasionally involved sexual violence or punitive psychiatric incarceration; harsh and life-threatening conditions in prisons; arbitrary arrest and detention; political and religious prisoners and detainees; politically motivated reprisals against individuals located outside the country; severe arbitrary interference with privacy; severe suppression of freedom of expression and media, including the use of “antiextremism” and other laws to prosecute peaceful dissent and religious minorities; violence against journalists; blocking and filtering of internet content and banning of online anonymity; severe suppression of the right of peaceful assembly; severe suppression of freedom of association, including overly restrictive laws on “foreign agents” and “undesirable foreign organizations”; severe restrictions of religious freedom; refoulement of refugees; inability of citizens to change their government peacefully through free and fair elections; severe limits on participation in the political process, including restrictions on opposition candidates’ ability to seek public office and conduct political campaigns, and on the ability of civil society to monitor election processes; widespread corruption at all levels and in all branches of government; lack of investigation of and accountability for violence against women; coerced abortion and forced sterilization; trafficking in persons; and crimes involving violence or threats of violence against persons with disabilities, members of ethnic minorities, and lesbian, gay, bisexual, transgender, and intersex persons.

The government failed to take adequate steps to identify, investigate, prosecute, or punish most officials who committed abuses, resulting in a climate of impunity.

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

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

There were several reports the government or its agents committed, or attempted to commit, arbitrary or unlawful killings. Impunity was a significant problem in investigating whether security force killings were justifiable (see section 1.e.).

Opposition activist and anticorruption campaigner Aleksey Navalny was poisoned on August 20 with a form of Novichok, a nerve agent that was also used in the 2018 attack on former Russian intelligence officer Sergey Skripal in the United Kingdom. After campaigning in Siberia for independent candidates for local elections, Navalny became severely ill and fell into a coma. The Federal Security Service (FSB) was tracking and surveilling Navalny during his stay in Tomsk. On August 21, officials at the Omsk hospital where Navalny was initially treated claimed they found no traces of poison in his system. Navalny was transferred to a hospital in Germany on August 22; on September 2, the German government announced that traces of a nerve agent from the “Novichok” group had been found in samples taken from Navalny. At Germany’s request the Organization for the Prohibition of Chemical Weapons (OPCW) conducted a technical assistance visit, which confirmed that Navalny was exposed to a nerve agent belonging to the “Novichok” group.

Credible reports indicated that officers from Russia’s FSB used a nerve agent to poison Navalny. The G7 industrialized democracies bloc and NATO countries condemned Navalny’s confirmed poisoning and called on Russia to bring the perpetrators to justice. At the November 30 OPCW Conference of States Parties, 58 countries issued a statement urging Russia to disclose “in a swift and transparent manner the circumstances of this chemical weapons attack.” Russian authorities stated there are no grounds to open a criminal investigation into the poisoning, despite Navalny’s requests that they do so.

Credible nongovernmental organizations (NGOs) and independent media outlets published reports indicating that from December 2018 to January 2019, local authorities in the Republic of Chechnya renewed a campaign of violence against individuals perceived to be members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. According to the NGO Russian LGBT Network, local Chechen authorities illegally detained and tortured at least 40 individuals, including two who reportedly died in custody from torture. According to human rights organizations, as of September authorities failed to investigate the allegations or reports of extrajudicial killings and mass torture of LGBTI persons in Chechnya and continued to deny there were any LGBTI persons in Chechnya.

There were multiple reports that, in some prison colonies, authorities systematically tortured inmates (see section 1.c.), in some cases resulting in death or suicide. According to media reports, on April 10, prisoners in Penal Colony Number 15 (IK-15) in Angarsk rioted after a prison employee beat one of the inmates, leading him to make a video about his ordeal and slash his veins in a failed suicide attempt. Afterwards, 17 other inmates slashed their veins as well, then set fire to parts of the penal colony. The Federal Penitentiary Service sent in approximately 300 special force officers, who beat the inmates, doused them with water, and set dogs on them. Human rights activists reported that two inmates were killed during the clashes and called for an investigation. On April 14, Justice Minister Konstantin Chuychenko told media that the riot in IK-15 had been organized from the outside by individuals who had paid “so-called human rights activists” to “stir things up in the media.” Officials confirmed that they found the body of an inmate who had been strangled and hanged. According to media reports, the inmate who made the video that set off the riots later retracted his statement that he had been beaten by a prison employee.

Although Deputy Defense Minister Andrey Kartapolov announced on August 26 that hazing and “barracks hooliganism” in the armed forces had been completely eradicated, physical abuse and hazing, which in some cases resulted in death or suicide, continued to be a problem. For example, on June 21, Russian media reported that Aleksandr Tatarenko, a soldier in a Primorsky region military unit, deserted his post, leaving a suicide note indicating hazing as the reason. After two months, Tatarenko was found living under a bridge while hiding from his unit. Tatarenko’s parents filed a complaint on hazing with the Military Prosecutor’s Office.

In February government spokesperson Dmitriy Peskov dismissed calls for an international investigation into the 2015 killing of opposition leader Boris Nemtsov, telling journalists that such an investigation would not be permitted on the territory of the Russian Federation. Human rights activists and the Nemtsov family continued to believe that authorities were intentionally ignoring the question of who ordered and organized the killing and noted that these persons were still at large.

There were reports that the government or its proxies committed, or attempted to commit, extrajudicial killings of its opponents in other countries. For example, on January 30, blogger Imran Aliyev was found dead in a hotel room in Lille, France, having been stabbed 135 times. Aliyev, who had settled in Belgium after leaving Chechnya, often published YouTube videos critical of Chechnya head Ramzan Kadyrov and the Chechen government. French prosecutors stated that the Russian-born man suspected of killing Aliyev returned to Russia immediately after the stabbing.

On July 4, a man identified by Austrian authorities only as a Russian citizen shot and killed Mamikhan Umarov, an asylum seeker from Russia, in a parking lot outside of Vienna. Umarov was also an outspoken critic of Kadyrov and had posted a YouTube video taunting Kadyrov to “come and stop [him]” shortly before his death. In his interviews and social media posts, Umarov claimed to be a mercenary who had fought on the side of Chechen separatists in the 1990s and sought asylum in 2005 because he feared reprisal in Chechnya. Austrian authorities had designated him a “person at risk” because of his background. Kadyrov responded to allegations of his involvement in this and other extrajudicial killings of Russian citizens in Europe by accusing Western intelligence of killing Chechen dissidents to make him look bad.

The country played a significant military role in the armed conflict in eastern Ukraine, where human rights organizations attributed thousands of civilian deaths and other abuses to Russian-led forces. Russian occupation authorities in Crimea also committed widespread abuses (see Country Reports on Human Rights Practices for Ukraine).

Since 2015 the country’s forces have conducted military operations, including airstrikes, in the conflict in Syria. According to human rights organizations, the country’s forces took actions, such as bombing urban areas, that intentionally targeted civilian infrastructure (see Country Reports on Human Rights Practices for Syria).

The news website Caucasian Knot reported that violent confrontations with security forces resulted in at least 14 deaths in the North Caucasus during the first half of the year. Dagestan was the most affected region, with seven deaths in the first half of the year, followed by Kabardino-Balkaria and Ingushetia, where three persons were killed in each region.

b. Disappearance

There were reports of disappearances perpetrated by or on behalf of government authorities. Enforced disappearances for both political and financial reasons continued in the North Caucasus. According to the August report of the UN Working Group on Enforced or Involuntary Disappearances, there were 867 outstanding cases of enforced or involuntary disappearances in the country.

There were reports that police committed enforced disappearances and abductions during the year. For example, on September 10, the Civic Assistance Committee reported that a North Korean citizen who was seeking asylum in Vladivostok was taken to the Artyom City Police Department by individuals in civilian clothes, where he subsequently disappeared. The North Korean citizen first approached a Migration and Law network lawyer for assistance with an asylum request on August 27, stating that he fled the Far Eastern Federal University campus on Russky Island. An officer at the Frunzenskiy District Police Department told the lawyer that the North Korean consulate took the asylum seeker from the police department. The asylum seeker’s lawyer suspected that he was forcibly returned to his country of origin.

Security forces were allegedly complicit in the kidnapping and disappearance of individuals from Central Asia, whose forcible return was apparently sought by their governments (see section 2.f.).

There were continued reports of abductions and torture in the North Caucasus, including of political activists and others critical of Chechnya head Kadyrov. On October 28, 1ADAT, a social media channel that is highly critical of Kadyrov, reported that Chechen security forces abducted more than 1,500 persons between April and October. For example, on September 6, Salman Tepsurkayev, a 19-year-old Chechen activist and a 1ADAT moderator, was kidnapped, reportedly by persons with connections to Chechen authorities. On September 7, a video recording of Tepsurkayev circulated on social media in which he appeared naked with signs of torture as he said, “I am punishing myself” and sat on a glass bottle. The office of the Chechen human rights ombudsman commented it was aware of the video of Tepsurkayev but had not looked into the matter because there had been no request from the victim or the relatives. As of December 1, Tepsurkayev’s whereabouts were unknown.

On October 20, the human rights group Memorial reported that five men were abducted from the village of Chechen-Aul on August 28, and two more were abducted on August 30. Memorial stated that all seven men were taken to the city of Argun, where they were visited by the Chechen interior minister Ruslan Alkhanov and Chechen deputy prime minister Abuzaid Vismuradov before being transferred to a secret prison, where they were interrogated and tortured. Four of the men were later released (two on September 18 and two on October 7), while three reportedly remained in government detention facilities as of December. Memorial reported that 13 men were abducted on November 5 from the Chechen city of Gudermes and taken to a secret prison, where Memorial believed they remained as of December.

There were reports Russian-led forces and Russian occupation authorities in Ukraine engaged in enforced disappearances (see Country Reports on Human Rights Practices for Ukraine).

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

Although the constitution prohibits such practices, numerous credible reports indicated law enforcement officers engaged in torture, abuse, and violence to coerce confessions from suspects, and authorities only occasionally held officials accountable for such actions.

In December 2019, for the first time, the Investigative Committee of the Russian Federation published data on the use of torture in prisons and pretrial detention centers. The data showed that between 2015 and 2018, for every 44 reports of violence perpetrated by Federal Penitentiary Service employees, only one criminal case was initiated.

There were reports of deaths as a result of torture (see section 1.a.).

Physical abuse of suspects by police officers was reportedly systemic and usually occurred within the first few days of arrest in pretrial detention facilities. Reports from human rights groups and former police officers indicated that police most often used electric shocks, suffocation, and stretching or applying pressure to joints and ligaments because those methods were considered less likely to leave visible marks. The problem was especially acute in the North Caucasus. According to the Civic Assistance Committee, prisoners in the North Caucasus complained of mistreatment, unreasonable punishment, religious and ethnic harassment, and inadequate provision of medical care.

There were reports that police beat or otherwise abused persons, in some cases resulting in their death. For example, media reported that members of Russia’s National Guard forcibly dispersed a peaceful political rally in Khabarovsk City on October 12. Several participants reported being beaten by police during the rally’s dispersal, at least one with a police baton; one victim suffered a broken nose. Two detained minors said they were “put on their knees in a corner, mocked, had their arms twisted, and were hit in the eye.”

There were reports that law enforcement officers used torture, including sleep deprivation, as a form of punishment against detained opposition and human rights activists, journalists, and critics of government policies. For example, on May 11, Russian media reported Vladimir Vorontsov, the creator of the Police Ombudsman project, was hospitalized after being kept in an isolation ward in a prison. According to his lawyer, authorities detained Vorontsov on May 7, denied his request for medical assistance, and interrogated him into the evening, after which he was placed in solitary confinement and not allowed to sleep. On May 8, Vorontsov was charged with extorting money from a police officer. Vorontsov alleged the charges against him were revenge for his social activism, which involved reporting on officials’ labor rights violations of law enforcement officers.

In several cities police reportedly subjected members of Jehovah’s Witnesses, a religious group banned under antiextremism laws, to physical abuse and torture following their arrest. For example, on February 10, officers from the Russian National Guard handcuffed Chita resident Vadim Kutsenko and took him to a local forest, where they beat his face and neck, suffocated him, and used a Taser to force him to admit to being a practicing member of Jehovah’s Witnesses. When Kutsenko reported the incident to authorities, he was ignored and sent to a temporary detention center along with three other members of Jehovah’s Witnesses. According to media reports, Kutsenko sought medical treatment upon his release, which confirmed the physical trauma.

There were multiple reports of the FSB using torture against young “anarchists and antifascist activists” who were allegedly involved in several “terrorism” and “extremism” cases. For example, on February 10, a court in Penza found seven alleged anarchists and antifascist activists supposedly tied to a group known as “Set” (“Network”) guilty of terrorism and sentenced them to between six and 18 years in prison. Authorities claimed they were plotting to overthrow the government, but human rights activists asserted that the FSB falsified evidence and fabricated the existence of the organization known as “Set/Network.” Several of the sentenced men claimed that the FSB forced them to sign admissions of guilt under torture; one of them claimed he had marks on his body from electric shocks and asked for medical experts to document them but was denied the request. Memorial considered all seven men sentenced to be political prisoners.

In the North Caucasus region, there were widespread reports that security forces abused and tortured both alleged militants and civilians in detention facilities. On January 20, Aminat Lorsanova became the second individual to file a complaint with federal authorities asking for an investigation into abuses against the LGBTI community in Chechnya. In 2018 she was forcibly detained at one psychiatric clinic for 25 days and at another for four months. She was beaten with sticks and injected with tranquilizer to “cure” her of her bisexual identity. Dzhambulat Umarov, Chechnya’s minister of national policy, foreign relations, press, and information, publicly denied Lorsanova’s claims and accused the LGBTI community of deceiving “a sick Chechen girl.”

There were reports of rape and sexual abuse by government agents. For example, media reported on Mukhtar Aliyev’s account of his five years in IK-7 prison in Omsk region from 2015 until his release during the year, where he was subjected to torture, including sexual assault. Aliyev told media that prison officials would beat him, tie him to the bars for a prolonged length of time causing his legs and arms to swell up, and force other inmates to assault him sexually while recording their actions. Aliyev said that the officials threatened to leak the recording to other inmates and officials if he did not behave.

There were reports of authorities detaining defendants for psychiatric evaluations to exert pressure on them or sending defendants for psychiatric treatment as punishment. Prosecutors and certified medical professionals may request suspects be placed in psychiatric clinics on an involuntary basis. For example, on May 12, approximately two dozen riot police stormed the home of Aleksandr Gabyshev, a Siberian shaman who announced in 2019 that he and his supporters planned to walk from Yakutsk to Moscow to “expel” Vladimir Putin from the Kremlin. Police detained Gabyshev and forcibly hospitalized him for psychiatric treatment. On May 29, Gabyshev filed a claim refusing further hospitalization, after which the clinic’s medical commission deemed him a danger to himself and others and filed a lawsuit to extend his detention there. The clinic released Gabyshev on July 22.

Reports of nonlethal physical abuse and hazing continued in the armed forces. Activists reported such hazing was often tied to extortion schemes. On January 22, the online media outlet 29.ru published an interview with the mother of conscript Ilya Botygin, who claimed that he was a victim of repeated hazing in his Nizhny Novgorod-based unit. The mother said that her son’s superiors locked him up for several days at a time, fed him irregularly, and beat him. When she visited him in January, she took him to the emergency room for a medical examination, but his unit did not accept the paperwork documenting his injuries on the grounds it could be forged. She and Botygin filed a case with the Nizhny Novgorod military prosecutor’s office but told media they had not received any updates about an investigation.

There were reports that Russian-led forces in Ukraine’s Donbas region and Russian occupation authorities in Crimea engaged in torture (see Country Reports on Human Rights Practices for Ukraine).

Impunity was a significant problem in the security forces. According to a July 25 investigation published by independent news outlet Novaya Gazeta, tens of thousands of cases of beatings and torture by the military, police, and other security forces could have gone unpunished in the previous 10 years. The report assessed the Investigative Committee’s lack of independence from police as a key factor hampering accountability, because the organization failed to initiate investigations into a high number of incidents.

Prison and Detention Center Conditions

Conditions in prisons and detention centers varied but were often harsh and life threatening. Overcrowding, abuse by guards and inmates, limited access to health care, food shortages, and inadequate sanitation were common in prisons, penal colonies, and other detention facilities.

Physical Conditions: Prison overcrowding remained a serious problem. While the law mandates the separation of women and men, juveniles and adults, and pretrial detainees and convicted prisoners in separate quarters, anecdotal evidence indicated not all prison facilities followed these rules. On March 31, Amnesty International urged authorities to take urgent measures to address the potentially devastating consequences of COVID-19 if it spreads among prisoners and detainees. The organization stated that prisons’ overcrowding, poor ventilation, and inadequate health care and sanitation led to a high risk of infection among prisoners and detainees.

Physical and sexual abuse by prison guards was systemic. For example, Russian media reported that on February 13, the prison warden of IK-5 in Mordovia, Valeriy Trofimov, took prisoner Ibragim Bakaniyev into his office and beat and humiliated him for six hours. Bakaniyev was accused of taking part in a riot that broke out earlier that night. Bakaniyev reported that the torture only ended when he used a hidden blade to cut his hand and threatened to commit suicide. Bakaniyev was sent to a punishment cell for the next three months.

Prisoner-on-prisoner violence was also a problem. For example, the Committee against Torture in Krasnodar reported that authorities opened a criminal investigation into the July 7 death of Dmitriy Kraskovskiy, a detainee in Pretrial Detention Facility Number 1 in Krasnodar. Authorities suspected he was beaten to death by inmates. The preliminary report indicated multiple bruises and head wounds on Kraskovskiy. The perpetrators allegedly tried to hang the corpse to hide the cause of death.

There were reports prison authorities recruited inmates to abuse other inmates. For example, on July 22, Russian media and the Civic Assistance Committee reported that a group of inmates tortured and sexually assaulted Makharbi Tosuyev, a prisoner at IK-7, who was confined to the psychiatric department of IK-3. According to Tosuyev, a group of inmates tied him to his bed while he was confined in the psychiatric department of IK-3 as a result of a self-inflicted injury, and tortured and sexually assaulted him with a plastic stick. Tosuyev accused the head of the operational department of IK-3, Edgar Hayrapetyan, of organizing the attack.

Overcrowding, ventilation, heating, sanitation, and nutritional standards varied among facilities but generally were poor. Opportunities for movement and exercise in pretrial detention were minimal. Potable water was sometimes rationed, and food quality was poor; many inmates relied on food provided by family or NGOs. Access to quality medical care remained a problem. For example, according to the European Association of Jehovah’s Witnesses, a 61-year-old Smolensk resident, Viktor Malkov, died three months after being released from an eight-month-long detention, partly because his chronic health problems were exacerbated by the denial of medical care in the detention center. Malkov, who was detained on the grounds of extremism due to his religious beliefs, had stated that prison officials did not allow him to seek proper treatment or medications for his heart disease and kidney problems.

NGOs reported approximately 50 percent of prisoners with HIV did not receive adequate treatment. Only prisoners with a CD4 white-blood cell level below a certain amount were provided treatment. NGOs reported that interruptions in the supplies of some antiretroviral drugs were sometimes a problem.

There were reports political prisoners were placed in particularly harsh conditions and subjected to punitive treatment within the prison system, such as solitary confinement or punitive stays in psychiatric units. For example, on May 21, a court ordered the forced psychiatric treatment of Kamchatka opposition activist Vladimir Shumanin during a criminal prosecution for libel stemming from a 2018 article in which he accused a law enforcement officer of engaging in criminal behavior. In the Far East region, Shumanin was known for running a personal YouTube channel in which he sharply criticized regional and federal authorities.

Administration: Convicted inmates and individuals in pretrial detention have visitation rights, but authorities may deny visitation depending on circumstances. By law prisoners with harsher sentences are allowed fewer visitation rights. The judge in a prisoner’s case may deny the prisoner visitation. Authorities may also prohibit relatives deemed a security risk from visiting prisoners. Some pretrial detainees believed authorities sometimes denied visitation and telephone access to pressure them into providing confessions.

While prisoners may file complaints with public oversight commissions or with the Office of the Human Rights Ombudsperson, they often did not do so due to fear of reprisal. Prison reform activists reported that only prisoners who believed they had no other option risked the consequences of filing a complaint. Complaints that reached the oversight commissions often focused on minor personal requests.

Independent Monitoring: Authorities permitted representatives of public oversight commissions to visit prisons regularly to monitor conditions. According to the Public Chamber, there were public oversight commissions in almost all regions. Human rights activists expressed concern that some members of the commissions were individuals close to authorities and included persons with law enforcement backgrounds.

By law members of oversight commissions have the right to videotape and photograph inmates in detention facilities and prisons with their written approval. Commission members may also collect air samples, conduct other environmental inspections, conduct safety evaluations, and access prison psychiatric facilities. The law permits human rights activists not listed in public oversight commissions to visit detentions centers and prisons. The NGO Interregional Center for Women’s Support, working with detained migrants, noted that only after a specific detainee submits a request and contacts the NGO may the organization obtain permission to visit a certain detention center.

Authorities allowed the Council of Europe’s Committee for the Prevention of Torture to visit the country’s prisons and release some reports on conditions but continued to withhold permission for it to release all recent reports.

There were reports of authorities prosecuting journalists for reporting torture. For example, in September, three penal colonies in Kemerovo Oblast (IK-5, IK-22, and IK-37) filed a lawsuit for reputational protection against a number of former prisoners and civic activists, including journalist Andrey Novashov, who in June published an article on the news website Sibir.Realii exposing inmates’ allegations of torture in the three colonies.

d. Arbitrary Arrest or Detention

While the law prohibits arbitrary arrest and detention, authorities engaged in these practices with impunity. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention, but successful challenges were rare.

Arrest Procedures and Treatment of Detainees

By law authorities may arrest and hold a suspect for up to 48 hours without court approval, provided there is evidence of a crime or a witness; otherwise, an arrest warrant is required. The law requires judicial approval of arrest warrants, searches, seizures, and detentions. Officials generally honored this requirement, although bribery or political pressure sometimes subverted the process of obtaining judicial warrants. After an arrest, police typically took detainees to the nearest police station, where they informed them of their rights. Police must prepare a protocol stating the grounds for the arrest, and both the detainee and police officer must sign it within three hours of detention. Police must interrogate detainees within the first 24 hours of detention. Prior to interrogation, a detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor. They must also give the detainee an opportunity to notify his or her relatives by telephone unless a prosecutor issues a warrant to keep the detention secret. Police are required to release a detainee after 48 hours, subject to bail conditions, unless a court decides, at a hearing, to prolong custody in response to a motion filed by police not less than eight hours before the 48-hour detention period expires. The defendant and his or her attorney must be present at the court hearing, either in person or through a video link.

Except in the North Caucasus, authorities generally respected the legal limitations on detention. There were reports of occasional noncompliance with the 48-hour limit for holding a detainee. At times authorities failed to issue an official detention protocol within the required three hours after detention and held suspects longer than the legal detention limits.

By law police must complete their investigation and transfer a case to a prosecutor for arraignment within two months of a suspect’s arrest, although an investigative authority may extend a criminal investigation for up to 12 months. Extensions beyond 12 months need the approval of the head federal investigative authority in the Ministry of Internal Affairs, the FSB, or the Investigative Committee and the approval of the court. According to some defense lawyers, the two-month time limit often was exceeded, especially in cases with a high degree of public interest.

Problems existed related to detainees’ ability to obtain adequate defense counsel. The law provides defendants the right to choose their own lawyers, but investigators sometimes did not respect this provision, instead designating lawyers friendly to the prosecution. These “pocket” defense attorneys agreed to the interrogation of their clients in their presence while making no effort to defend their clients’ legal rights. In many cases especially in more remote regions, defense counsel was not available for indigent defendants. Judges usually did not suppress confessions taken without a lawyer present. Judges at times freed suspects held in excess of detention limits, although they usually granted prosecutors’ motions to extend detention periods.

There were reports that security services sometimes held detainees in incommunicado detention before officially registering the detention. This practice usually coincided with allegations of the use of torture to coerce confessions before detainees were permitted access to a lawyer. The problem was especially acute in the Republic of Chechnya, where such incommunicado detention could reportedly last for weeks in some cases.

Arbitrary Arrest: There were many reports of arbitrary arrest or detention, often in connection with demonstrations and single-person pickets, such as those that preceded and succeeded the July 1 national vote on constitutional amendments (see section 2.b.). The independent human rights media project OVD-Info reported that during the first six months of the year, police detained 388 single-person picketers in Moscow and St. Petersburg alone, although single-person pickets are legal and do not require a permit. After Novaya Gazeta journalist and municipal deputy Ilya Azar was arrested and sentenced to 15 days of administrative arrest on May 26 for holding a single-person picket in Moscow, law enforcement authorities detained an estimated 130 individuals who took part in protests supporting him in three cities. Many of them were fined for violating the laws on staging public demonstrations.

There were reports that Russian-led forces and Russian occupation authorities in Ukraine engaged in arbitrary detention (see Country Reports on Human Rights Practices for Ukraine).

Pretrial Detention: Observers noted lengthy pretrial detention was a problem, but data on its extent were not available. By law pretrial detention may not normally exceed two months, but the court has the power to extend it to six months, as well as to 12 or 18 months if the crime of which the defendant is accused is especially serious. For example, Yuliy Boyarshinov, described by Memorial as an antifascist and left-wing activist, was in pretrial detention from 2018 until the resumption of his trial in February; he was convicted and sentenced to 5.5 years in prison in June. He was accused of illegally storing explosives and participating in a terrorist organization because of his purported association with the “Network,” an alleged antifascist and anarchist group that relatives of the accused claim does not really exist. Memorial considered Boyarshinov to be a political prisoner.

Detainees Ability to Challenge Lawfulness of Detention before a Court: By law a detainee may challenge the lawfulness of detention before a court. In view of problems with judicial independence (see section 1.e.), however, judges typically agreed with the investigator and dismissed defendants’ complaints.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but judges remained subject to influence from the executive branch, the armed forces, and other security forces, particularly in high-profile or politically sensitive cases, as well as to corruption. The outcomes of some trials appeared predetermined. Acquittal rates remained extremely low. In 2019 courts acquitted 0.36 percent of all defendants.

There were reports of pressure on defense attorneys representing clients who were being subjected to politically motivated prosecution and other forms of reprisal. According to a June 2019 report from the Agora International Human Rights Group, it has become common practice for judges to remove defense attorneys from court hearings without a legitimate basis in retaliation for their providing clients with an effective defense. The report also documented a trend of law enforcement authorities’ using physical force to interfere with the work of defense attorneys, including the use of violence to prevent them from being present during searches and interrogations.

On August 7, the bar association