Algeria

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

Women

Rape and Domestic Violence: The law criminalizes rape but does not specifically address spousal rape. Prison sentences for rape range from five to 10 years and, although sex crimes are rarely reported due to cultural norms, authorities generally enforced the law. A provision of the penal code allows an adult accused of “corruption of a minor” to avoid prosecution if the accused subsequently marries his or her victim and if the crime did not involve violence, threats, or fraud. The law stipulates sentences of one year to life imprisonment for “anyone who voluntarily causes injury or blows to his or her spouse.” It also introduced penalties for verbal and psychological violence, sexual assault, harassment, and indecent assault.

Domestic violence remains a society-wide problem. The law states that a person claiming domestic abuse must visit a “forensic physician” for an examination to document injuries and that the physician must determine the injuries suffered “incapacitated” the victim for 15 days. The law prescribes up to a 20-year imprisonment for the accused, depending on the severity of injuries. If domestic violence results in death, a judge may impose a life sentence.

For the first quarter of the year, the Ministry for National Solidarity, Family, and Women reported that there were 260 logged cases of violence against women, down from 1,734 cases in 2019. The Minister of Solidarity provides psychological care, guidance, and administrative and legal support through their Social Action and Solidarity Departments (DASS) teams, which are in all the country’s provinces. The National Security General Directorate (DGSN) reported there were 6,121 complaints related to violence against women.

According to statistics from women’s advocacy groups published in the local press, between 100 and 200 women die each year from domestic violence. The government maintained two regional women’s shelters and finished building a third shelter in Annaba, which the government said will be operational by the end of the year. These shelters assisted with 300 cases of violence against women during 2019. The Information and Documentation Center on the Rights of Children and Women, a network of local organizations that promoted the rights of women, managed call centers in 15 provinces.

Femicides Algeria, an advocacy group which tracks and publicizes femicides, reported 38 women have been killed because of their gender in the country since the start of the year.

In April media reported several femicides. In Bouzareah a police officer shot and killed his wife in front of their four children. In Zahana a man threw his wife from the window of their second-floor apartment. In Relizane a 25-year-old man stabbed his mother. The women died in these three cases and police arrested the perpetrators. Their cases are still pending.

In October a 19-year-old woman, Chaima Sadou, was kidnapped, raped, and murdered. Authorities arrested a suspect, who confessed to killing Sadou. The suspect previously served three years in prison after authorities convicted him for sexually assaulting and stalking Sadou when she was 15 years old. Sadou’s remains were burned beyond recognition.

During the year a women’s advocacy group, the Wassila Network, received 200 cases of domestic violence. The Wassila Network stated information on domestic violence remains sparse and public authorities have not provided exact statistics on violence against women since 2012. The Wassila Network noted this number is a fraction of actual cases since victims of domestic violence rarely report the abuse to authorities and because of a forgiveness clause provided in the legal code. The clause stipulates that, if the victim forgives his or her aggressor, legal action ceases. The Wassila Network described situations in which a victim goes to police to report a domestic violence incident and family members convince the victim to forgive the aggressor, resulting in no charges.

The Wassila Network reported 16 femicides during the COVID-19 lockdown. According to the NGO, the figure is likely much higher, since many cases are not reported. Women’s groups expressed concerns about the consequences of the lockdown. NGO Femmes Algeriennes vers un Changement pour l’Egalite (FACE) issued a statement highlighting the increase of violence against women within the home. FACE called for authorities to implement emergency measures to protect women from violence.

Two women’s rights activists, Wiam Arras and Narimene Mouaci, launched a Facebook initiative called “Feminicides Algerie” to track femicide in the country. As of August 18, they documented 36 cases of femicide. The initiative’s goal is to publicize the extent of violence against women, specifically violence resulting in death. They began their publicity initiative in 2019, after seeing the discrepancy between official statistics and NGO statistics, the latter of which were almost double that of the authorities.

Women’s rights NGOs maintained call centers and counseling sessions throughout the COVID-19 lockdown. The Wassila Network, which usually averages between 20 calls a week, received an average of 70 calls per week since the COVID-19 lockdown began in March.

The law provides for sentences of one to 20 years’ imprisonment for domestic violence and six months to two years’ incarceration for men who withhold property or financial resources from their spouses.

In 2018 the Ministry for National Solidarity, Family, and Women and UN Women launched an administrative database, named AMANE, to collect information on violence against women. UN Women is using the information collected to assist the government in developing targeted programs to support and protect women in vulnerable situations, including violence, as part of one of its programs funded by the Belgian government. The government reported it uses the data to identify patterns of violence against women, specifically collecting data on family situations, types of violence, and relationship to the perpetrators. The 2019 AMANE data showed women aged 36-50 represent 47 percent of reported cases; women aged 19-35 represent 30 percent of cases; and the most frequent perpetrators are women’s husbands.

Female Genital Mutilation and Cutting (FGM/C): This was not generally practiced in the country but was widely present among immigrant communities in southern sectors, particularly among Sub-Saharan African migrant groups. While this abuse is considered a criminal offense punishable by up to 25 years in prison, there were no reports of any related convictions, nor any official pronouncements by religious or secular leaders proscribing the practice.

Sexual Harassment: The punishment for sexual harassment is one to two years’ imprisonment and a fine; the punishment doubles for a second offense. Women’s groups said that most reported cases of harassment occurred in the workplace.

Reproductive Rights: Couples and individuals have the right to decide the number, timing, and spacing of their children; have the right to manage their reproductive health; and had access to the information and means to do so. Societal and family pressure restricted women from making independent decisions about their health and reproductive rights.

Conservative elements of society challenged the government’s family planning program, including the provision of free contraception. A 2018 Oran hospital survey showed that a husband’s prohibition or religious disapproval influenced women’s contraceptive practices. Married and unmarried women had access to contraceptives, although some clinics required a prescription before dispensing birth control pills to unmarried women. A doctor in Oran said anecdotally that her colleagues more frequently questioned young women’s motives for seeking birth control, compared to past practice. Women did not need permission to obtain birth control pills, but doctors required permission of the partner for women who sought tubal ligation.

Civil society organizations such as the Wassila Network coordinated medical, psychological, and legal support to victims of sexual violence.

According to World Health Organization (WHO) data, the maternal mortality rate gradually dropped from 179 deaths per 100,000 live births in 1998 to 112 deaths per 100,000 live births in 2017 (the most recent available annual data). The WHO attributed the decline to increased medical training, investments in health care, and specific government initiatives aimed at reducing maternal deaths. A 2018 study by a prominent women’s group found that 75 percent of women who used nonbarrier birth control opted for the birth control pill, while 11 percent opted for an intrauterine device. These figures coincided with the United Nations Population Fund’s most recent data.

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

Discrimination: Although the constitution provides for gender equality, aspects of the law and traditional social practices discriminated against women. In addition some religious elements advocated restrictions on women’s behavior, including freedom of movement. The law prohibits Muslim women from marrying non-Muslims, although authorities did not always enforce this provision.

Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce the law provides for the wife to retain the family’s home until the children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization. The government provided a subsidy for divorced women whose former husbands failed to make child support payments.

The law affirms the religiously based practice of allowing a man to marry as many as four wives. The law permits polygamy only upon the agreement of the previous and future wife, and the determination of a judge as to the husband’s financial ability to support an additional wife. It was unclear whether authorities followed the law in all cases since local authorities had significant discretion and the government did not maintain nationwide statistics.

Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers. Women did not often have exclusive control over assets that they brought to a marriage or that they earned.

Women may own businesses, enter into contracts, and pursue careers similar to those of men. Women enjoyed rights equal to those of men concerning property ownership, and property titles listed female landowners’ names.

Birth registration: The mother or father may transmit citizenship and nationality. By law children born to a Muslim father are Muslim, regardless of the mother’s religion. The law does not differentiate between girls and boys in registration of birth.

On August 8, the prime minister changed the procedure for recognizing children born to an unknown father. The decree stipulates requests must be made through the Ministry of Justice. The decree also states that a “person who has legally fostered a child born to an unknown father, may submit a request, on behalf and for the benefit of this child, to the public prosecutor in order to change the patronymic name of the child and make it match his own.” If the child’s mother is known and alive, her consent is required to change the name. Those born abroad can file a request at the diplomatic or consular center of their place of residence.

Child Abuse: Child abuse is illegal but continues to be a problem. The government devoted increasing resources and attention to it. A national committee is responsible for monitoring and publishing an annual report on the rights of children. The government supported the Qatari NGO Network for the Defense of Children’s Rights. For the first quarter of the year, the Ministry for National Solidarity, Family, and the Status of Women reported that the government intervened in 887 child endangerment cases.

Laws prohibiting parental abduction do not penalize mothers and fathers differently, and the punishment for convicted kidnappers includes the death penalty.

In August, Meriem Chorfi, president of the National Body of the Protection and Promotion of Children (ONPPE), stated her organization’s toll free telephone number received 1,480 reports related to children’s rights abuses. She added that 500 calls occurred during the mandatory COVID-19 curfew period. Chorfi estimated the ONPPE hotline receives 10,000 calls per day, mostly to request information or clarification on specific topics related to child abuse.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 19 for both men and women, but minors may marry with parental consent, regardless of gender. The law forbids legal guardians from forcing minors under their care to marry against the minor’s will. The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies.

Sexual Exploitation of Children: The law prohibits solicitation for prostitution and stipulates prison sentences of between 10 and 20 years when the offense is committed against a minor younger than 18. By law the age for consensual sex is 16. The law stipulates a prison sentence of between 10 and 20 years for rape when the victim is a minor. The DGSN reported there were 1,443 victims of child sexual abuse.

The law established a national council to address children’s matters, which gives judges authority to remove children from an abusive home, and allows sexually abused children to provide testimony on video rather than in court.

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.

The country’s Jewish population numbered fewer than 200 persons.

Religious and civil society leaders reported that the Jewish community faced unofficial, religion-based obstacles to government employment and administrative difficulties when working with government bureaucracy.

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

The law prohibits discrimination against persons with disabilities, although the government did not always effectively enforce these provisions (see also section 7, Worker Rights).

The Ministry of National Solidarity, Family, and the Status of Women provided some financial support to health-care-oriented NGOs, but for many NGOs, such financial support represented a small fraction of their budgets. The government provided disability benefits to persons with disabilities who registered.

The Ministry of National Solidarity, Family, and Women reported that in 2019 it ran 238 centers throughout the country that provided support for persons with intellectual, auditory, vision, and physical disabilities.

Many persons with disabilities struggled to acquire assistive devices and noted the National Office of Apparatus and Accessories for the Handicapped did not have a presence in all provinces.

The ministry stated that it worked with the Ministry of Education to integrate children with disabilities into public schools to promote inclusion. The majority of the ministry’s programs for children with disabilities remained in social centers for children with disabilities rather than in formal educational institutions. Advocacy groups reported that children with disabilities rarely attended school past the secondary level. Many schools lacked teachers trained to work with children with disabilities, threatening the viability of efforts to mainstream children with disabilities into public schools. For the 2020-21 school year, the government reported it created 1,722 positions to assist children with disabilities, including 940 master teachers’, 400 teachers’, and 382 school assistants’ positions. The government also reported it limited class sizes for children with auditory, visual, and mental disabilities.

Many persons with disabilities faced challenges casting ballots due to voting centers that lacked accessible features.

The law criminalizes public indecency and consensual same-sex sexual relations between adult men or women, with penalties that include imprisonment of six months to three years and a fine. The law also stipulates penalties that include imprisonment of two months to two years and fines for anyone convicted of having committed a “homosexual act.” If a minor is involved, the adult may face up to three years’ imprisonment and a fine. LGBTI activists reported that the vague wording of laws criminalizing “homosexual acts” and “acts against nature” permitted sweeping accusations that resulted in multiple arrests for consensual same-sex sexual relations, but no known prosecutions during the year.

LGBTI status is not, in itself, criminalized; however, LGBTI persons may face criminal prosecution under legal provisions concerning prostitution, public indecency, and associating with bad characters. NGOs reported that judges gave harsher sentences to LGBTI persons for the above crimes compared to non-LGBTI persons. An NGO reported that LGBTI men were targeted more often than women.

The law does not extend antidiscrimination protections to LGBTI persons based on sexual orientation, gender identity or expression, or sex characteristics. Officials asserted that the law covers LGBTI individuals through general civil and human rights legislation. Government officials did not take measures specifically to prevent discrimination against LGBTI persons. LGBTI persons faced discrimination in accessing health services such as longer wait times, refusal of treatment, and shaming. Some organizations maintained a list of “LGBTI-friendly” hospitals, and several NGOs operated mobile clinics specifically for vulnerable communities. NGOs reported that employers refused jobs to LGBTI persons, particularly men perceived as effeminate. Community members reported obtaining legal assistance was also a challenge due to similar discrimination.

On July 24, Constantine’s national gendarmerie arrested 44 individuals for supporting a same-sex marriage. On September 3, authorities convicted 44 individuals of same-sex sexual relations, public indecency, and subjecting others to harm by breaking COVID-19-related quarantine measures. Two men received three years in prison and a fine, and the others received a one-year suspended sentence.

In February, two men shared their wedding ceremony on social media. Following the post, Tebessa security authorities arrested the two men, charging them with “displaying shameful images to the public, committing an act of homosexuality in public, and possession of drugs.”

During the year LGBTI NGOs organized virtual meetings. The NGOs reported government harassment, including threats of imprisonment.

Strong social stigma towards the vulnerable groups in which HIV/AIDS was most concentrated–commercial sex workers, men who have sexual relations with men, and drug users–deterred testing of these groups. The government reported it did not take measures to specifically prevent and treat HIV/AIDS in the LGBTI community. Members of the country’s LGBTI community reported pre-exposure prophylaxis (PrEP) is not available.

According to UNAIDS the country was close to achieving the UNAIDS’ 90-percent target, with 84 percent of persons living with HIV knowing their status. Civil society organizations are integral to the region’s HIV response, and advocate for HIV prevention, treatment, and funding. Many civil society organizations include individuals affected by HIV, helping these organizations reach key populations.

The government’s National AIDS Committee met during the year. The committee brought together various government and civil society actors to discuss implementation of the national strategy to combat HIV/AIDS.

During the COVID-19 pandemic, a professor at El-Hadi Flici Hospital, Algiers’ primary hospital for infectious diseases, stated ambulances were delivering AIDS patients’ medicines to reduce their susceptibility to COVID-19.

Egypt

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

Women

Rape and Domestic Violence: The law criminalizes rape, prescribing penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal. The government improved its enforcement of the law. Civil society organizations reported instances of police pressuring victims not to pursue charges.

On July 4, authorities arrested Ahmed Bassam Zaki after more than 50 women accused him online of rape, sexual assault, and harassment dating back to 2016. On July 8, the prosecution ordered his pretrial detention for 15 days pending investigations on charges that included attempted rape and sexual assault. Zaki faced charges of statutory rape, sexual harassment, and blackmail in an October 10 trial session; the court was scheduled to reconvene in January 2021. On December 29, the Cairo Economic Court convicted Zaki of misuse of social media and using social media for sexual assault and sentenced him to three years’ imprisonment with labor. These allegations gave rise to what media referred to as Egypt’s #MeToo movement.

On July 21, a Qena criminal court sentenced three defendants to death after convicting them of kidnapping and raping a young woman from Farshout in Qena Governorate in 2018. A local NGO said on July 22 that the victim received threats from the families of the defendants hours after the verdict was issued and after she discussed the rape on television two weeks prior to the ruling.

On July 31, media reported that the administrator of the Instagram and Twitter accounts “Assault Police,” which had almost 200,000 followers, deactivated the accounts after it received death threats following postings about various alleged gang rapes. Local media reported the account also referred allegations against Ahmed Bassam Zaki to authorities and the National Council for Women.

On August 4, the National Council for Women forwarded a complaint to the public prosecutor from a woman who alleged she was sexually assaulted by multiple men at the Fairmont Nile City hotel in 2014. The complaint included testimony about the incident in which a group of men allegedly drugged, raped, and filmed the victim after a social event. According to social media, the men signed their initials on her body and used the film as a “trophy” and blackmail. On August 24, the public prosecutor ordered the arrests of nine men allegedly involved in the case, most of them sons of prominent businesspeople. According to media, as of September 2, authorities arrested five suspects in Egypt and three in Lebanon, who were extradited to Egypt. Media reported that in late August state security arrested a man and three women who were witnesses to the alleged rape and two of the witnesses’ acquaintances. The prosecutor general charged all six in a separate case with violating laws on drug use, “morality,” and “debauchery;” the prosecutor general ordered the release on bail of three of the six on August 31 and was pressing charges.

Domestic violence was a significant problem. The law does not prohibit domestic violence or spousal abuse, but authorities may apply provisions relating to assault with accompanying penalties. The law requires that an assault victim produce multiple eyewitnesses, a difficult condition for domestic abuse victims. Police often treated domestic violence as a family issue rather than a criminal matter.

The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The National Council for Women (NCW) was responsible for coordinating government and civil society efforts to empower women. In 2015 the NCW launched a five-year National Strategy to Combat Violence against Women with four strategic objectives: prevention, protection, intervention, and prosecution. An NCW study found that approximately 1.5 million women reported domestic violence each year. A 2015 Egypt Economic Cost of Gender-based Violence Survey reported that 5.6 million women experience violence at the hands of their husbands or fiances each year. After the start of the country’s #MeToo movement, the NCW coordinated with women’s rights organizations and the Prosecutor General’s Office to help women who disclosed they were victims of sexual harassment.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but it remained a serious problem. According to international and local observers, the government did not effectively enforce the FGM/C law. In May 2019 the government formed a national task force to end FGM/C, led by the NCW and the National Council for Childhood and Motherhood (NCCM). On June 13, the NCCM stated that 82 percent of FGM crimes were carried out by doctors.

On January 20, a Sohag criminal court sentenced a doctor who conducted FGM/C surgery on a girl in Sohag Governorate in 2018 and the father of the girl to one year in prison; it ruled to suspend implementation of the sentence unless the doctor committed the crime again within the next three years. On August 6, the Administrative Prosecution referred the doctor, who directed a government clinic in Sohag Governorate, to administrative trial for committing FGM/C. One local human rights organization welcomed this disciplinary proceeding and criticized the legal discretion given to the judiciary in sentencing FGM/C cases. The circumcision resulted in severe bleeding and caused the girl permanent disability that forced her to stay in a Sohag hospital for more than a year.

In late January Nada Hassan, a 12-year-old girl, died from FGM/C in Assiut. Authorities arrested the doctor who performed the FGM/C, the parents, and an aunt. On February 6, a court in Assiut released the parents and aunt on guarantee of their residence pending trial and released the doctor on bail pending trial. The public prosecutor summoned the doctor and redetained him on February 20 and referred the case to trial on February 22. The Assuit Criminal Court scheduled a review of the case on October 28, but further developments were not made public. On June 3, the Public Prosecution stated that after a forensic analysis confirmed FGM/C occurred on three minor girls in Sohag Province, it charged a doctor with performing the procedure and the father of the girls for assisting in the crime. The statement also said the father had told the girls that the doctor was going to vaccinate them for COVID-19. According to media reports, the children’s mother reported the crime on May 31 to police. On July 12, a Sohag court sentenced the doctor to three years in prison and the father to one year in prison.

A 2016 amendment to the law designated FGM/C a felony, as opposed to a misdemeanor as it was previously, and assigned penalties for conviction of five to seven years’ imprisonment for practitioners who perform the procedure, or 15 years if the practice led to death or “permanent deformity.” The law granted exceptions in cases of “medical necessity,” which rights groups and subject matter experts identified as a problematic loophole that allowed the practice to continue. After Hassan’s death and the case of the three Sohag girls, the Ministry of Health and Population, National Council for Population, NCCM, National Council for Women, Prosecutor General’s Office, and local NGOs worked together successfully to eliminate the loophole and raise awareness of the crime.

Other Harmful Traditional Practices: The law does not specifically address “honor” crimes, which authorities treated as any other crime. There were no reliable statistics regarding the incidence of killings and assaults motivated by “honor,” but local observers stated such killings occurred, particularly in rural areas. Local media, especially in Upper Egypt, occasionally reported on incidents where fathers or brothers killed their daughters and sisters in alleged “honor killings” after they discovered they had premarital or extramarital relationships.

Sexual Harassment: Sexual harassment remained a serious problem. The government claimed it prioritized efforts to address sexual harassment. The penal code defines sexual harassment as a crime, with penalties including fines and sentences of six months’ to five years’ imprisonment if convicted. Media and NGOs reported sexual harassment by police was also a problem, and the potential for further harassment further discouraged women from filing complaints. In September the president ratified a penal code amendment to strengthen protection of the identities of victims of harassment, rape, and assault during court cases.

On January 29, a Giza court ordered a daily newspaper to pay financial compensation to journalist May al-Shamy for dismissing her wrongfully in 2018 after she complained of sexual harassment in the workplace.

On February 9, the Supreme Administrative Court issued a final ruling dismissing a teacher after he was convicted of sexual harassment of 120 elementary school students in Alexandria Governorate in 2013. The teacher had been dismissed in 2013 by the school where he was working.

According to local press, a Qena criminal court on July 11 sentenced a man to 15 years in prison for sexually assaulting a woman in February. The verdict remained subject to appeal.

On July 18, the Coptic Orthodox Church announced that Pope Tawadros II decided to defrock priest Rewiess Aziz Khalil of the Diocese of Minya and Abu Qurqas, following allegations of sexual abuse and pedophilia leveled by Coptic Christians in North America where the priest had lived on a foreign assignment.

Reproductive Rights: The law recognizes the basic right of married couples to decide the number, spacing, and timing of their children, and it enables individuals to have access to the information and means to do so free from coercion or violence. The Ministry of Health and Population distributed contraceptive materials and assigned personnel to attend births, offer postpartum care to mothers and children, and provide treatment for sexually transmitted diseases at minimal or no cost. The government also did not restrict family-planning decisions. Gender norms and social, cultural, economic, and religious barriers inhibited some women’s ability to make reproductive decisions, to access contraceptives, and to attain full reproductive health. Some women lacked access to information on reproductive health, and the limited availability of female healthcare providers impacted access to skilled health attendance during pregnancy and childbirth, given the preference many women had for female healthcare providers for social and religious reasons.

According to the World Health Organization’s 2020 World Health Statistics report, the country’s maternal mortality ratio is 37/100,000 births, the proportion of births attended by skilled health personnel is 90 percent, the adolescent birth rate is 51.8/1,000 aged 15-19, and the proportion of women of reproductive age who have their need for family planning met with modern methods is 80 percent. Although on the decline, female genital mutilation/cutting (FGM/C) continues to be widely practiced. In 2015, 87 percent of girls and women aged 15 to 49 had undergone FGM/C, according to the 2015 Egypt Health Issues Survey. The prevalence, however, is reportedly much higher among older age groups. FGM/C third grade (infibulation) is more prevalent in the South (Aswan and Nubia), and this, in some cases, has been associated with difficulty in giving birth, obstructed labor, and higher rates of neonatal mortality. The government enlisted the support of religious leaders to combat cultural acceptance of FGM/C and encourage family planning.

There was no information on government assistance to survivors of sexual assault.

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

Discrimination: The constitution provides for equal rights for male and female citizens. Women did not enjoy the same legal rights and opportunities as men, and discrimination was widespread. Aspects of the law and traditional societal practices disadvantaged women in family, social, and economic life.

Women faced widespread societal discrimination, threats to their physical security, and workplace bias in favor of men that hindered their social and economic advancement.

Laws affecting marriage and personal status generally corresponded to an individual’s religious group. A female Muslim citizen cannot legally marry a non-Muslim man. If she were to do so, authorities could charge her with adultery and consider her children illegitimate. Under the government’s interpretation of Islamic law, any children from such a marriage could be placed in the custody of a male Muslim guardian. Khula divorce allows a Muslim woman to obtain a divorce without her husband’s consent, provided she forgoes all her financial rights, including alimony, dowry, and other benefits. The Coptic Orthodox Church permits divorce only in rare circumstances, such as adultery or conversion of one spouse to another religion. Other Christian churches permitted divorce on a case-by-case basis.

On February 4, President Sisi approved harsher penalties in the penal code for divorced men who avoid paying spousal and child support.

The law follows sharia in matters of inheritance; therefore, a Muslim female heir generally receives one-half the amount of a male heir’s inheritance, and Christian widows of Muslims have no inheritance rights. A sole Muslim female heir receives one-half her parents’ estate, and the balance goes to the siblings of the parents or the children of the siblings if the siblings are deceased. A sole male heir inherits his parents’ entire estate.

In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually the woman accomplishes credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise.

Labor laws provide for equal rates of pay for equal work for men and women in the public but not the private sector. Educated women had employment opportunities, but social pressure against women pursuing a career was strong. Large sectors of the economy controlled by the military excluded women from high-level positions.

Birth Registration: Children derive citizenship through their parents. The mother or the father transmits citizenship and nationality. The government attempted to register all births soon after birth, but some citizens in remote and tribal areas such as the Sinai Peninsula registered births late or could not document their citizenship. In some cases, failure to register resulted in denial of public services, particularly in urban areas where most services required presentation of a national identification card.

Education: Education is compulsory, free, and universal until the ninth grade. The law provides this benefit to stateless persons and refugees. Public schools enrolled Syrian refugees, but they largely excluded refugees of other nationalities.

Child Abuse: The constitution stipulates the government shall protect children from all forms of violence, abuse, mistreatment, and commercial and sexual exploitation. According to a local rights group, authorities recorded hundreds of cases of alleged child abuse each month. The NCCM worked on child abuse issues, and several civil society organizations assisted runaway and abandoned children.

Rights organizations reported children faced mistreatment in detention, including torture, sharing cells with adults, denial of their right to counsel, and authorities’ failure to notify their families. In March Human Rights Watch reported that security forces arrested a 14-year-old boy for protesting in 2016, used electric shocks on sensitive parts of his body, suspended him from his arms until it dislocated his shoulders and left him without medical care for three days, and sentenced him to 10 years in prison for participating in an antigovernment protest.

Child, Early, and Forced Marriage: The legal age of marriage is 18. On January 30, the NCCM announced it had stopped 659 cases of child marriage in 2019. A government study published on March 17 reported that 2.5 percent of the population in Upper Egypt governorates were married between the ages of 15 and 17, and the percentage of females in that age group who had previously been married exceeded that of males. On February 23, the deputy minister of health and population affairs stated there were 230,000 newborns as a result of early marriage in various governorates across the country. Informal marriages could lead to contested paternity and leave minor females without alimony and other claims available to women with registered marriages. Families reportedly sometimes forced adolescent girls to marry wealthy foreign men in what were known locally as “tourism” or “summer” marriages for the purpose of sexual exploitation, prostitution, or forced labor. According to the law, a foreign man who wants to marry an Egyptian woman more than 25 years younger than he is must pay her EGP 50,000 ($3,030). Women’s rights organizations argued that allowing foreign men to pay a fine to marry much younger women represented a form of trafficking and encouragement of child marriage. They called on the government to eliminate the system altogether. The NCCM’s antitrafficking unit is responsible for raising awareness of the problem.

On January 4, the Supreme Administrative Court upheld a lower court ruling to dismiss an imam and preacher in the village of Mit Habib in Samanoud, Gharbeya, for administering the marriage of a minor girl and a minor boy in violation of the law. He had administered several urfi (unregistered) marriages of underage girls under the pretext that the practice is “lawful” in Islamic law. The court ruled that urfi marriages of minors is a violation of children’s rights and an attack on children and young girls, calling the practice of child marriage inconsistent with efforts to protect and promote women’s rights. On February 14, security forces arrested a criminal network engaged in the sale of minors in Giza Governorate. According to local media, the gang sold girls for marriage to wealthy Arabs for a large fee, exploiting their families’ financial need. On December 10, the Public Prosecution referred the case to the Criminal Court.

On March 10, the NCCM’s Child Protection Committee at the Akhmeem Center in Sohag announced it stopped an early marriage of a minor in the village of Al-Sawamah Sharq after receiving a report that a person was preparing to marry off his 16-year-old sister.

Sexual Exploitation of Children: The law provides for sentences of not less than five years’ imprisonment and fines for conviction of commercial sexual exploitation of children and child pornography. The government did not adequately enforce the law. The minimum age for consensual sex is age 18.

On May 26, security forces detained Menna Abd El-Aziz, a minor, after she said in a social media video that an acquaintance and others had sexually assaulted her. On May 31, the prosecution ordered Abd El-Aziz’s detention pending investigations on charges of inciting debauchery and forging an online account. On June 9, the prosecutor general confirmed Abd El-Aziz had been assaulted, beaten, and injured and ordered her pretrial detention in one of the Ministry of Social Solidarity’s shelters for women. On July 26, the prosecutor general referred Abd El-Aziz and six other defendants to criminal court. According to her lawyers, Abd El-Aziz was released on September 17. The individuals she accused were charged in a separate case with sexual abuse and violating the sanctity of a minor’s private life.

On August 29, the public prosecutor ordered the detention of a cook whom authorities had arrested the same day on charges of sexually assaulting underage girls at the orphanage where he worked. On September 26, the Public Prosecution ordered the detention of a teacher pending investigations on charges of sexually assaulting two children in the Khalifa district.

Displaced Children: The Central Agency for Public Mobilization and Statistics and the NCCM estimated there were 1,600 street children, while civil society organizations estimated the number to be in the millions. The ministry offered shelters to street children, but many chose not to use them because staff reportedly treated the children as if they were criminals, according to local rights groups. According to rights groups, the incidence of violence, prostitution, and drug dealing in these shelters was high. Religious institutions and NGOs provided services for street children, including meals, clothing, and literacy classes. The Ministry of Health and Population provided mobile health clinics staffed by nurses and social workers. The Ministry of Social Solidarity also provided 17 mobile units in 10 governorates, offering emergency services, including food and health care, to street children.

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.

The country’s Jewish community reportedly numbered fewer than 10 individuals. In January the government publicly celebrated the history of Jews in Egypt with the reopening of a historic synagogue in Alexandria following completion of its restoration.

On February 25, the Anti-Defamation League called on the government to remove anti-Semitic books from the Cairo International Book Fair.

In April, Israel condemned an Egyptian television series called The End, which depicted the future destruction of Israel in a science fiction film.

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

The constitution states persons with disabilities are equal without discrimination before the law. The law prohibits discrimination in education, employment, health, political activity, rehabilitation, training, and legal protection.

The law provides for persons with disabilities to gain access to vocational training and employment. Government policy sets a quota for employing persons with disabilities of 5 percent of workers with disabilities for companies with more than 50 employees. Authorities did not enforce the quota requirement, and companies often had persons with disabilities on their payroll to meet the quota without employing them. Government-operated treatment centers for persons with disabilities, especially children, were of poor quality.

A 2019 law establishes the National Council for People with Disabilities (NCPD), an independent body that aims to promote, develop, and protect the rights of persons with disabilities and their constitutional dignity. The council signed a cooperation protocol with the Justice Ministry to guarantee the rights of persons with disabilities and to train employees in the government on how to help those with hearing impairments.

Persons with disabilities rode government-owned mass transit buses without charge, but the buses were not wheelchair accessible. Persons with disabilities received subsidies to purchase household products, wheelchairs, and prosthetic devices. Some children with disabilities attended schools with their nondisabled peers while others attended segregated schools. Some of the segregated institutions were informal schools run by NGOs. Some parents of children with disabilities complained on social media of the lack of experience of teacher assistants assigned to help their children.

On January 11, President Sisi directed the government to increase its support to persons with special needs. On April 28, the NCPD general secretary complained to the Human Rights Department of the Prosecutor General’s Office about a reality television broadcast where one participant presented himself as having intellectual disabilities in order to elicit reactions from other participants.

On June 29, the prosecutor general ordered reconsideration of the acquittal of a minor who had allegedly raped an autistic child in late January.

During the Senate and House of Representatives elections, polling stations provided wheelchairs for persons with walking disabilities.

The law prohibits discrimination on any grounds. Nevertheless, dark-skinned Egyptians and sub-Saharan Africans faced discrimination and harassment, as did Nubians from Upper Egypt.

On July 3, the prosecutor general ordered the detention of two suspects pending investigations on charges of insulting a Sudanese child, violating his personal life, violating Egyptian social values, theft, physical abuse, and discrimination based on national origin. The Prosecutor General’s Office stated the two suspects had beaten the child, stolen his property, and filmed him to post the video on social media. On July 25, the Imbaba misdemeanor court sentenced two defendants in a bullying case to two years in prison with labor and a fine. On September 5, President Sisi ratified amendments to the penal code to criminalize bullying. The new law criminalizes disparaging someone else’s race, gender, religion, physical attributes, social status, health, or mental condition with up to six months in prison a fine, or both.

According to the constitution, the state should make efforts to return Nubians to their original territories and develop such territories within 10 years of the constitution’s 2014 ratification.

On January 20, the prime minister presided over a ceremony granting compensation to Nubians in Aswan Governorate who were displaced by the construction of the two Aswan dams decades ago. The ministers of social solidarity and of culture and of housing attended the event. In his speech, the prime minister noted recent major development projects in Upper Egypt, including improvements to roads, electricity, housing, drinking water, sanitation, education, and health.

While the law does not explicitly criminalize consensual same-sex sexual activity, it allows police to arrest LGBTI persons on charges such as “debauchery,” “prostitution,” and “violating the teachings of religion” and it provides for prison sentences of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Authorities did not use antidiscrimination laws to protect LGBTI individuals. Legal discrimination and social stigma impeded LGBTI persons from organizing or advocating publicly in defense of their rights. Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. There were reports of arrests and harassment of LGBTI individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTI individuals or to avoid arrest. The government has the authority to deport or bar entry to the country of LGBTI foreigners.

There were reports that authorities used social media, dating websites, and cell phone apps to entrap persons they suspected of being gay or transgender, a method LGBTI advocates described as especially effective as LGBTI-friendly public spaces had largely closed in recent years.

On June 1, the Administrative Court rejected a lawsuit filed by transgender Malak El-Kashef, whom authorities released from detention in July 2019, to compel the interior minister to establish separate facilities for transgender individuals inside prisons and police stations. A court ordered transgender male Hossam Ahmed, whom authorities subjected to invasive physical exams, released from pretrial detention in a women’s prison in September.

In a televised statement in early May, prominent actor Hisham Selim spoke openly about his son’s gender change and inability to change his identity card from female to male. On June 23, two lawyers filed lawsuits against Selim and his transgender son for an Instagram post that paid tribute to Egyptian LGBT activist Sara Hegazy, who died by suicide in 2020. Hegazy was reportedly subjected to electric shocks, verbally and sexually assaulted, and held in solitary confinement during her imprisonment for debauchery in 2017, reportedly because she flew a rainbow flag at a concert.

Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations. The law allows for conducting forced anal exams in cases of debauchery.

According to a LGBTI rights organization 2019 annual report issued in January, authorities arrested 92 LGBTI individuals in 2019 and conducted forced anal exams on seven persons.

HIV-positive individuals faced significant social stigma and discrimination in society and the workplace. The health-care system provided anonymous counseling and testing for HIV, free adult and pediatric antiretroviral therapy, and support groups.

Libya

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

Women

Rape and Domestic Violence: The law criminalizes rape but does not address spousal rape. The 2011 Constitutional Declaration prohibits domestic violence but does not contain reference to penalties for those convicted of violence against women.

There were no reliable statistics on the extent of domestic violence. Social and cultural barriers–including police and judicial reluctance to act and family reluctance to publicize an assault–contributed to lack of effective government enforcement. Some local civil society organizations reported in the second quarter of the year that women were experiencing higher rates of domestic violence due to COVID-19 curfews and extended confinement at home.

By law a convicted rapist may avoid a 25-year prison sentence by marrying the survivor, regardless of her wishes, provided her family consents. Rape survivors who could not meet high evidentiary standards could face charges of adultery.

Migrant women and girls remained particularly vulnerable to rape and sexual violence, including forced prostitution and sexual exploitation in conditions amounting to sexual slavery. There were reports of egregious acts of sexual violence against women and girls in government and extralegal detention facilities (see section 2.d., Protection of Refugees).

The Supreme Judicial Council established two courts in Tripoli and Benghazi dedicated to addressing violence against women, men, and children. In October authorities appointed five women judges who will serve on these two specialized courts.

Female Genital Mutilation/Cutting (FGM/C): There was no information available about laws on FGM/C. FGM/C was not a socially acceptable practice, although some of the migrant populations came from sub-Saharan countries where it was practiced.

Sexual Harassment: The law criminalizes sexual harassment, but there were no reports on how or whether it was enforced. According to civil society organizations, there was widespread harassment and intimidation of women by armed groups, including harassment and arbitrary detention based on accusations of “un-Islamic” behavior.

There were reports armed groups harassed women traveling without a male “guardian” and that men and women socializing in public venues were asked by armed groups to produce marriage certificates to verify their relationship.

Reproductive Rights: By law couples have the right to decide the number, spacing, and timing of their children free from discrimination, coercion, or violence; however, the law limits abortion to cases in which the life of a girl or woman is at risk. The UN Population Fund (UNFPA) noted family planning services were significantly limited due to cultural and social norms favoring large families, as well as the absence of prioritization of the issue by the government. Access to information on reproductive health and contraception was also difficult for women to obtain given social norms surrounding sexuality.

According to UNFPA estimates, the reported contraceptive prevalence rate was approximately 27 percent, and nearly 41 percent of women had unmet needs with respect to family planning using modern methods. Women’s access to maternal health-care services and contraceptive supplies declined during the year due to continued political instability. Additionally, the UNFPA stated political unrest exacerbated existing social disparities in the provision of health-care services, creating inequities between urban and rural populations. According to the WHO, the large number of IDPs and access restrictions in conflict zones significantly affected the provision of reproductive health services. The WHO also reported lack of access to family planning services, obstetrical care, and treatment of sexually transmitted infections.

According to UNSMIL, incidents of conflict-related sexual violence by armed groups remained severely underreported because of fear, intimidation, and stigma related to underlying discriminatory gender norms. The government generally did not effectively provide access to sexual and reproductive health services for survivors of sexual violence, including survivors of conflict-related sexual abuse. Civil society actors provided limited legal assistance to survivors in the absence of the government. A coalition of NGOs reported to the United Nations in 2019 that survivors and victims of sexual violence often found it difficult to locate information on existing services and resources available for them, particularly among indigenous and rural communities.

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

Discrimination: The 2011 Constitutional Declaration states citizens are equal by law with equal civil and political rights and the same opportunities in all areas without distinction on the grounds of gender. Absent implementing legislation, and operating with limited capacity, the GNA did not effectively enforce these declarations.

Women faced social forms of discrimination that affected their ability to access employment, their workplaces, and their mobility and personal freedom. Although the law prohibits discrimination based on gender, there was widespread cultural, economic, and societal discrimination against women. The UN Entity for Gender Equality and the Empowerment of Women (UN Women) noted that survey data indicated a significant disparity in earned incomes between men and women, even when adjusted for educational attainment. There were significant inequalities in women’s access to insurance, loans, and other forms of social protection.

The country lacks a unified family code. Sharia often governs family matters, including inheritance, divorce, and the right to own property. While civil law mandates equal rights in inheritance, women often received less due to interpretations of sharia that favor men.

Birth Registration: By law, children derive citizenship from a citizen father. The law permits citizen women who marry foreign men to transmit citizenship to their children, although some contradictory provisions may potentially perpetuate discrimination. There are also naturalization provisions for noncitizens.

Education: The continuing conflict disrupted the school year for thousands of students across the country; many schools remained unopened due to lack of materials, damage, or security concerns. Internal displacement further disrupted school attendance as many schools were repurposed as IDP shelters. School and university classes were suspended in March following the onset of the COVID-19 pandemic.

Child, Early, and Forced Marriage: The minimum age for marriage is 18 for both men and women, although judges may permit those younger than 18 to marry. LNA authorities reportedly imposed a minimum age of 20 for both men and women. Early marriages were relatively rare, according to UN Women, although comprehensive statistics were not available due to the lack of a centralized civil registry system and the continuing conflict.

There were anecdotal reports of child marriage occurring in some rural and desert areas where tribal customs are more prominent. There were also unconfirmed reports that civil authorities could be bribed to permit underage marriage.

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

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.

Most of the Jewish population left the country between 1948 and 1967. Some Jewish families reportedly remained, but no estimate of the population was available. There were no high-profile reports of anti-Semitic acts during the year.

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

The 2011 Constitutional Declaration addresses the rights of persons with disabilities by providing for monetary and other types of social assistance for the “protection” of persons with “special needs” with respect to employment, education, access to health care, and the provision of other government services, but it does not explicitly prohibit discrimination. The government did not effectively enforce these provisions. IDPs, migrants, and refugees with disabilities were especially vulnerable to poor treatment in detention facilities.

Some organizations estimated that up to 13 percent of citizens may experience some form of disability, although GNA estimates were much lower. Years of postrevolutionary conflict also led to a greater incidence of persons maimed by shelling or explosive war remnants.

In the second quarter of the year, human rights activists called on health authorities to make their COVID-19 response plans more inclusive of persons with disabilities. These activists reported that COVID-19 curfews and movement restrictions made it more difficult for persons with disabilities to access cash, food, and medicine.

Arabic-speaking Muslims of Arab, Amazigh, or mixed Arab-Amazigh ancestry constitute a majority of the citizenry. The principal linguistic-based minorities are the Amazigh, Tuareg, and Tebu. With the exception of some Amazigh, who belong to the Ibadi sect of Islam, minority groups are predominantly Sunni Muslim but often identified with their respective cultural and linguistic heritages over Arab traditions.

The law grants the right for “all linguistic and cultural components to have the right to learn their language,” and the government nominally recognizes the right to teach minority languages in schools. Minority and indigenous groups complained that their communities were often allowed to teach their languages only as an elective subject within the curriculum.

The extent to which the government enforced official recognition of minority rights was unclear. There were reports that teachers of minority languages faced discrimination in receiving accreditation and in being eligible for bonuses, training, and exchange opportunities provided by the Ministry of Education.

There were also reports that individuals with non-Arabic names encountered difficulties registering these names in civil documents.

Ethnic minorities faced instances of societal discrimination and violence. Racial discrimination existed against dark-skinned citizens, including those of sub-Saharan African heritage. Government officials and journalists often distinguished between “local” and “foreign” populations of Tebu and Tuareg in the south and advocated expulsion of minority groups affiliated with political rivals on the basis they were not truly “Libyan.”

Some representatives of minority groups, including from the Amazigh, Tebu, and Tuareg communities, rejected the 2017 draft constitution because of a perceived lack of recognition of the status of these communities, although the draft explicitly protects the legal rights of minority groups.

A number of Tebu and Tuareg communities received substandard or no services from municipalities, lacked national identity numbers (see section 2.d.), faced widespread social discrimination, and suffered from hate speech and identity-based violence. In southern Libya, if a member of one tribe or group attacked a member of another tribe or group, it was not uncommon for the latter tribe to take retribution against multiple members of the former group.

Some members of ethnic minority communities in southern and western Libya reported being unwilling to enter certain courthouses and police stations for fear of intimidation and reprisal.

There were numerous reports throughout the year of ethnic minorities being injured or killed in confrontations with other groups.

Societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons persisted, and official discrimination was codified in local interpretations of sharia. Convictions of same-sex sexual activity carry sentences of three to five years’ imprisonment. The law provides for punishment of both parties.

There was little information on discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care. Observers noted that the threat of possible violence or abuse could intimidate persons who reported such discrimination.

There were reports of physical violence, harassment, and blackmail based on sexual orientation and gender identity. Armed groups often policed communities to enforce compliance with their commanders’ understanding of “Islamic” behavior, harassing and threatening with impunity individuals believed to have LGBTI orientations and their families.

In December 2019 an internationally recognized, Tripoli-based journalist, Redha al-Boum, was arbitrarily detained and tortured by a GNA-aligned group for two weeks for reporting on human rights conditions in the country, including coverage of the LGBTI community. According to international watchdog groups, he was conditionally released while awaiting a potential referral for trial proceedings.

There was no available information on societal violence toward persons with HIV or AIDS.

Morocco

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

Women

Rape and Domestic Violence: The law punishes individuals convicted of rape with prison terms of five to 10 years; when the conviction involves a minor, the prison sentence ranges from 10 to 20 years. Spousal rape is not a crime. Numerous articles of the penal code pertaining to rape perpetuate unequal treatment for women and provide insufficient protection. A 2018 law provides a stronger legal framework to protect women from violence, sexual harassment, and abuse. Under the law a sexual assault conviction may result in a prison sentence of six months to five years and a fine. For insults and defamation based on gender, an individual may be fined up to 60,000 s for insults and up to 120,000 s for defamation ($6,300 to $12,600). General insult and defamation charges remain in the penal code. A March reform of the law requires the DGSN, Prosecutor General’s Office, Supreme Judicial Court, and Ministries of Health, Youth, and Women to have specialized units that coordinate with one another on cases involving violence against women. The Judicial Police reported gender-based violence response units opened in 132 police precincts across the country as of late 2019. These specialized units intake and process cases of gender-based violence and provide psychological support and other services to victims. In 440 precincts where gender-based violence response units have not been established, a regular police officer is designated to process the cases.

The National Union for Women in Morocco (UNFM) launched an online platform in January to provide support for victims of domestic abuse. The platform gave victims access to legal counsel, a network to find employment, and a social support network. The UNFM also offered temporary housing and vocational training for victims of domestic violence.

Later in the year, the COVID-19 pandemic saw a spike in domestic abuse as a result of isolation measures. The government and NGOs expanded programming and outreach that provided shelter, assistance, and guidance for survivors of domestic abuse. According to the Public Prosecutor’s Office, the government adopted protective measures, such as shelters, for victims of domestic violence in the first half of the year. On May 28, the government adopted a bill to create a national registry for social support programs for women and children. Several NGOs adapted services provided to victims of domestic violence, providing hotlines, shelter, resources, guidance, and legal support.

There were reports, however, that these shelters were not accessible to persons with disabilities. Courts maintained “victims of abuse cells” that brought together prosecutors, lawyers, judges, women’s NGO representatives, and hospital personnel to review domestic and child abuse cases to provide for the best interests of women or children.

According to local NGOs, survivors did not report the vast majority of sexual assaults to police due to social pressure and the concern that society would most likely hold the victims responsible. Some sexual assault victims also reported police officers at times turned them away from filing a police report or coerced them to pay a bribe to file the report by threatening to charge them with consensual sex outside of marriage, a crime punishable with up to one year in prison. Police selectively investigated cases; among the minority brought to trial, successful prosecutions remained rare.

The law does not specifically define domestic violence against women and minors, but the general prohibitions of the criminal code address such violence. Legally, high-level misdemeanors occur when a victim’s injuries result in 20 days of disability leave from work. Low-level misdemeanors occur when a victim’s disability lasts for less than 20 days. According to NGOs, the courts rarely prosecuted perpetrators of low-level misdemeanors. Police were slow to act in domestic violence cases, and the government generally did not enforce the law and sometimes returned women against their will to abusive homes. Police generally treated domestic violence as a social rather than a criminal matter. Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities.

On January 21, media reported that 20 suspects kidnapped “Oumaima”, a 17-year-old girl, in the Moulay Rachid district (in Casablanca) and then gang raped and abused her for 25 days before she convinced a friend of the perpetrators to assist in her escape. According to the victim’s mother, during confinement, the perpetrators forced the girl to ingest toxic substances to try to kill her. The girl was hospitalized after her escape. According to an NGO, three of the 20 suspects were arrested, and two of the three were later released on bail.

In February the Court of Appeal in Rabat sentenced the perpetrator of the summer 2019 rape and murder of Hanane al-Iraki to death; the principal defendant was convicted of premeditated murder on February 10. Six accomplices in the crime were sentenced to five years in prison. The conviction closed a case that surfaced in July 2019 when footage of the crime was published on the internet.

Sexual Harassment: Before the law on violence against women was passed in 2018, sexual harassment was only a crime if it was committed by a supervisor in the workplace. Under the 2018 law, sexual harassment is a crime punishable by up to six months in prison and a fine up to 10,000 s ($1,000) if the offense takes place in a public space or by insinuations through texts, audio recording, or pictures. In cases where the harasser is a coworker, supervisor, or security official, the sentence is doubled. Prison sentences and fines are also doubled in cases where a spouse, former spouse, fiance, or a family member perpetrates the harassment act, physical violence, or abuse or mistreatment or breaks a restraining order or if the crime is perpetrated against a minor. In the past authorities did not effectively enforce laws against sexual harassment. Civil society leaders stated they did not observe efforts by the government to enforce the 2018 law or provide training on the new law for judicial or law enforcement officials.

Reproductive Rights: Individuals and couples have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, or violence. Authorities generally did not discriminate against women in accessing sexual and reproductive health care, including for sexually transmitted infections. Contraception was legal, and most forms were widely available. According to the Population Reference Bureau, the country has invested in increasing the availability of voluntary family-planning services, expanding and improving maternal health care, and providing for access to obstetric care by eliminating fees.

The contraceptive pill was available over the counter, without a prescription. Skilled health attendance at delivery and postpartum care were available for women who could afford it, with approximately 75 percent of overall births attended by skilled health personnel.

While a 2018 law strengthened penalties for violence against women (see section 6, Women) and required certain government agencies to establish units to provide psychological support and other services to victims of gender-based violence, Human Rights Watch assessed at the time of the law’s passage that it did not sufficiently define the government’s role in providing services to victims. The government responded that it provides services to victims of sexual assault via the UN Population Fund.

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

Discrimination: While the constitution provides women equal rights with men in civil, political, economic, cultural, and environmental affairs, laws favor men in property and inheritance. Numerous problems related to discrimination against women remained, both with inadequate enforcement of equal rights provided for by the laws and constitution and in the reduced rights provided to women in inheritance.

According to the law, women are entitled to a share of inherited property, but a woman’s share of inheritance is less than that of a man. Women are generally entitled to receive half the inheritance a man would receive in the same circumstances. A sole male heir would receive the entire estate, while a sole female heir would receive half the estate with the rest going to other relatives.

In 2019 the government revised the structure and administration of communal lands, allowing female heirs to inherit, and be titled as owners of, those lands.

The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent, and places legal limits on polygamy. Implementation of family law reforms remained a problem. The judiciary lacked willingness to enforce them, as many judges did not agree with their provisions. Corruption among working-level court clerks and lack of knowledge about its provisions among lawyers were also obstacles to enforcing the law.

The law requires equal pay for equal work, although in practice this did not occur.

Birth Registration: The law permits both parents to pass nationality to their children. The law establishes that all children have civil status regardless of their family status. There were, nonetheless, cases in which authorities denied identification papers to children because they were born to unmarried parents, particularly in rural areas or in the cases of poorly educated mothers unaware of their legal rights.

Child Abuse: NGOs, human rights groups, media outlets, and UNICEF claimed child abuse was widespread. According to the government, in 2019 a total of 6,399 individuals were investigated for criminal offenses associated with 5,699 reported cases of child abuse. Prosecutions for child abuse were extremely rare. Some children rights NGOs expressed concerns over the lack of legislation to prosecute cases involving incest.

On January 28, the Taroudant Court of First Instance sentenced Boujemaa Bodhim, a teacher, to a six-month prison sentence, a four-month suspended sentence, and a fine for beating an eight-year-old student.

Child, Early, and Forced Marriage: The legal age for marriage is 18, but parents, with the informed consent of the minor, may secure a waiver from a judge for underage marriage. According to a statement released by the Prosecutor General’s Office in July, the judiciary in 2019 approved 2,334 requests. Under the framework of the PANDDH, the CNDH maintained a national awareness-raising campaign against the marriage of minors.

Sexual Exploitation of Children: The age of consent is 18. The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Penalties for sexual exploitation of children under the criminal code range from two years’ to life imprisonment and fines from 9,550 s ($1,000) to 344,000 s ($36,100).

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 .

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.

The constitution recognizes the Jewish community as part of the country’s population and guarantees each individual the freedom to “practice his religious affairs.” Community leaders estimated the size of the Jewish population at 3,500. Overall there appeared to be little overt anti-Semitism, and Jews generally lived in safety.

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

The law prohibits discrimination against persons with disabilities in employment, education, and access to health care. The law also provides for regulations and building codes that provide for access for persons with disabilities. The government did not effectively enforce or implement these laws and regulations. While building codes enacted in 2003 require accessibility for all persons, the codes exempt most pre-2003 structures, and authorities rarely enforced them for new construction. Most public transportation is inaccessible to persons with disabilities, although the national rail system offers wheelchair ramps, accessible bathrooms, and special seating areas. Government policy provides that persons with disabilities should have equal access to information and communications. Special communication devices for persons with visual or audio disabilities were not widely available.

In March disability rights groups reported the government’s COVID-19 hotline was not accessible to persons with disabilities.

The Ministry of Family, Solidarity, Equality, and Social Development has responsibility for protecting the rights of persons with disabilities and attempted to integrate persons with disabilities into society by implementing a quota of 7 percent for persons with disabilities in vocational training in the public sector and 5 percent in the private sector. Both sectors were far from achieving the quotas. The government maintained more than 400 integrated classes for children with learning disabilities, but private charities and civil society organizations were primarily responsible for integration.

The majority of the population, including the royal family, claimed some Amazigh heritage. Many of the poorest regions in the country, particularly the rural Middle Atlas region, were predominantly Amazigh and had illiteracy rates higher than the national average. Basic governmental services in this mountainous and underdeveloped region were lacking.

On August 2, parliament approved an education bill that encourages instruction in Tifinagh and foreign languages in schools. Article 5 of the constitution identifies Arabic and Tamazight as the official languages of the state, although Arabic remained dominant. Tamazight is one of three national Amazigh dialects.

On September 3, the Council of Ministers established a commission tasked with monitoring the implementation of Tifinagh, the alphabet used in Tamazight language.

Amazigh cultural groups contended they were rapidly losing their traditions and language to Arabization. The government offered Tamazigh language classes in some schools. Although the palace-funded Royal Institute of Amazigh Culture created a university-level teacher-training program to address the shortage of qualified teachers, Amazigh NGOs contended that the number of qualified teachers of regional dialects of Amazigh languages continued to decrease. The government reported, however, that the number of teachers employed to teach the official national Amazigh language has increased. Instruction in the Amazigh language is mandatory for students at the Ministry of Interior’s School for Administrators.

In March authorities in Casablanca refused to register the birth of a girl under an Amazigh name. The incident confirmed complaints of Amazigh NGOs about administrative discrimination. Two cases were filed regarding the incidents by two separate families, and an open letter was written to the head of government. According to the government, as of March 18, the registration for the Amazigh name for one of the two girls named in the two cases fully complied with the law, while it denied claims of a second case.

Amazigh materials were available in news media and, to a much lesser extent, educational institutions. The government provided television programs in the three national Amazigh dialects of Tarifit, Tashelhit, and Tamazight. According to regulations, public media are required to dedicate 30 percent of broadcast time to Amazigh language and cultural programming. According to Amazigh organizations, however, only 5 percent of broadcast time was given to Amazigh language and culture.

The law criminalizes consensual same-sex sexual activity, with a maximum sentence of three years in prison for violations. According to a report by the Prosecutor General’s Office released in 2019, the state prosecuted 122 individuals in 2019 for same-sex sexual activity. Media and the public addressed questions of sexuality, sexual orientation, and gender identity more openly than in previous years. According to some human rights organizations, lesbian, gay, bisexual, transgender, and intersex (LGBTI) victims of violence in high-profile cases from previous years continued to be harassed when recognized in public.

On May 7, two Moroccan journalists based in France posted on social media that a young gay man in Sidi Kacem (a town in the Rabat-Sale-Kenitra region), was arrested on April 10 after he attempted to press defamation charges against an individual who outed him on Facebook. The young man was held in police custody for 48 hours for violating the state of emergency confinement measures, while he claimed he had a permit to leave his residence. On October 6, Sidi Kacem preliminary court sentenced activist and playwright Abdellatif Nhaila to four months’ suspended sentence and 1,000 dirhams ($10) fine for violating the state of emergency confinement measures.

In March and April, a transgender Moroccan LGBTI activist based in Turkey started a campaign encouraging the outing of closeted homosexuals in Morocco. As a result an international warrant for his arrest was issued. The investigation remained underway. The press reported numerous cases of harassment resulting from these outings, and some victims reported receiving death threats.

The AMDH and other individual liberties groups followed suit with a letter condemning the homophobic acts and demanding that authorities arrest those responsible for defamation. As of April 20, LGBTI groups indicated at least 50 individuals were targeted as a result of Instagram live video; of whom an estimated 21 were physically abused or rendered homeless and several others committed suicide.

Antidiscrimination laws do not apply to LGBTI persons, and the penal code does not criminalize hate crimes. There was a stigma against LGBTI persons, including some reports of overt discrimination based on sexual orientation or gender identity in employment, housing, and health care.

Persons with HIV and AIDS faced discrimination and had limited treatment options. The Joint UN Program on HIV/AIDS (UNAIDS) reported that some health-care providers were reluctant to treat persons with HIV and AIDS due to fear of infection. According to UNAIDS, treatment coverage increased from 16 percent in 2010 to 48 percent in 2016, and the National Strategic Plan 2017-2021 commits the country to reduce new infections among key and vulnerable populations, eliminate mother-to-child transmission of HIV, reduce AIDS-related deaths, confront discrimination, and strengthen governance for an efficient response.

Tunisia

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

Women

Rape and Domestic Violence: The law broadly defines violence against women as “any restriction denying women equality in the civil, political, economic, social, or cultural domains.” The 2018 law criminalizing gender-based violence adds or updates articles in the penal code to meet international best practices. It criminalizes rape, incest, sexual harassment of women in public places, and gender discrimination.

The amended law also eliminates the possibility for a rapist to avoid prosecution by marrying the victim. Rape remained a taboo subject, and cultural pressures often dissuaded victims from reporting sexual assault. There were no government public education programs on domestic violence, including rape. Victims received services at two dozen social centers throughout the country, in addition to five centers dedicated to victims of gender-based violence.

The Ministry of Justice tracked gender-based violence cases, gathering information on cases in each court. The government did not, however, systematically track the number of rape cases. Civil society representatives reported anecdotally that few cases have resulted in a conviction under the new law.

On January 31, the First Instance Court of Gafsa sentenced a 40-year-old man to life in prison for raping a three-year-old girl, under the 2018 law.

Laws prohibiting domestic violence provide penalties for assault committed by a spouse or family member that are double those of an unrelated individual for the same crime, but enforcement was rare, and domestic violence remained a serious problem. The law provides penalties for domestic violence and allows women to seek restraining orders against their abusers without filing a criminal case or filing for divorce.

The Ministry of Women, Family, Childhood, and Senior Citizens monitored complaints of domestic violence and worked with civil society to increase awareness about the law and connect women with available support services. The ministry operated a national hotline for victims of violence. On May 5, Minister Asma Sehiri stated the number of cases of violence against women, children, and the elderly increased seven times during the COVID-19 confinement period of March 22 to May 4, compared with the same period last year.

There were five centers dedicated to providing assistance to women victims of violence, one managed by the ministry and four by civil society organizations. Minister Sehiri stated the ministry dedicated a new shelter for 30 women victims of violence to help protect them from the spread of the coronavirus.

Sexual Harassment: The 2018 gender-based violence law includes a revised article related to sexual harassment. It allows up to a two-year sentence for the harasser and a 5,000-dinar ($1,840) fine, instead of the previous one year in prison. The law further clarifies that sexual harassment can include any act, gesture, or words with sexual connotation. It also expanded the definition of sexual harassment to include harassment in the street. The punishment is doubled if the victim is a child or the perpetrator has authority over the victim.

Reproductive Rights: Couples and individuals have the right to decide freely and responsibly the number, spacing, and timing of their children and to manage their reproductive health. They had access to the means and information to do so, free from discrimination, coercion, and violence. The UN Population Fund (UNFPA) reported that during the year, 22 of the 24 governorates in country provided reproductive health services, including skilled health attendance during pregnancy and childbirth, but the quality of care varied by region. Several centers were temporarily closed during the national COVID-19 lockdown from April through June. A survey of midwives revealed that approximately 50 percent of centers for sexual and reproductive health services reduced or suspended their operations after the beginning of the COVID-19 crisis. The UNFPA reported that in 2019 a skilled birth attendant facilitated approximately 99 percent of births.

The government provided access to sexual and reproductive health services for survivors of sexual violence through the Ministry of Justice, although services were often delayed.

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

Discrimination: The constitution and law explicitly prohibit discrimination based on race, gender, disability, language, or social status, and the government generally enforced these prohibitions. Women faced societal rather than statutory barriers to their economic and political participation. Codified civil law is based on the Napoleonic code, although on occasion, judges drew upon interpretations of sharia (Islamic law) as a basis for customary law in family and inheritance disputes.

Newly married couples must state explicitly in the marriage contract whether they elect to combine their possessions or to keep them separate. Sharia inheritance law in some instances provides men with a larger share of an inheritance. Some families avoided the application of sharia by executing sales contracts between parents and children to ensure that daughters received shares of property equal to those given sons. Non-Muslim women and their Muslim husbands may not inherit from each other, unless they seek a legal judgment based on the rights enshrined in the constitution. The government considers all children of those marriages to be Muslim and forbids those children from inheriting from their mothers. Spouses may, however, freely give up to one-third of their estate to whomever they designate in their will.

Birth Registration: Citizenship is derived by birth from one’s parents, and the law provides for a period of 10 days to register a newborn. Thereafter, parents have 30 days to explain why they failed to register a newborn and complete the registration. Female citizens can transmit citizenship on an equal basis with male citizens, and there is no discrimination between a mother and father regarding passport application and authorization to leave the country.

On July 16, the then minister of local affairs, Lotfi Zitoun, canceled a 1965 circular that prohibited the registration of a newborn under a non-Arabic first name.

Child Abuse: In 2019 UNICEF reported that 88 percent of children ages one to 14 were subjected to physical, verbal, or psychological violence in their homes and at school. In October 2019 the Ministry of Women, Family, Childhood, and Senior Citizens reported it received approximately 17,000 notifications related to child abuse cases, which the ministry attributed to “growing awareness among citizens about the need to denounce perpetrators of violence.” In May the ministry reported it had received 448 notifications regarding cases of children at risk during COVID-19 related shutdowns.

Child, Early, and Forced Marriage: The minimum age for marriage for both sexes is 18, but the courts may, in certain situations, authorize the marriage of persons younger than 18 upon the request and approval of both parents.

Sexual Exploitation of Children: Anyone who has sexual relations with a child younger than age 16 is subject to 20 years in prison with the possibility of a life sentence if there were aggravating circumstances, such as incest or the use of violence (see section 6, Women). The court may drop the charges of sex with a minor if the perpetrator agrees to marry the victim, with the approval of her parents.

The law prohibits child pornography.

In January 2019 authorities closed an unlicensed, privately run Quranic school in Regueb, Sidi Bouzid governorate, and arrested its director and administrators on charges of human trafficking, polygamy, and suspicion of belonging to a terrorist organization. Authorities reported many of the children were mistreated and were the victims of economic and sexual abuse. The public prosecutor initiated an investigation into the allegations of child exploitation, and a family judge ordered the transfer of the children to a state-run center in Tunis specializing in caring for children who were victims of abuse. In July 2019 the court sentenced one adult male who was affiliated with the school to 20 years in prison on charges of child sexual abuse. In February the 33 students from the Quranic school resumed their education in public schools. The president of the National Authority against Trafficking in Persons, Raoudha Laabidi, told media the students received medical, social, and psychological care prior to resuming their studies.

In March 2019 the Ministry of Women, Family, Childhood, and Senior Citizens reported that a teacher in Sfax was accused of sexually abusing 20 elementary school students. The ministry announced it would provide the children with psychological support. Subsequent to these allegations, the Ministry of Education indicated the initial investigation revealed these crimes took place outside the school and that, as a result, the ministry would suspend any teacher providing private classes outside of the educational framework. Media later reported that authorities issued an arrest warrant against the teacher, although as of December there were no updates to the investigation.

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.

An estimated 1,400 Jews lived in the country. There were no reports of anti-Semitic events.

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

Since 1991 the law requires all new public buildings to be accessible to persons with physical disabilities, and the government generally enforced the law. Persons with physical disabilities did not have access to most buildings built before 1991. The government did not ensure information and communications were accessible for persons with disabilities.

The Ministry of Social Affairs is charged with protecting the rights of persons with disabilities. The government issued cards to persons with disabilities for benefits such as unrestricted parking, free and priority medical services, free and preferential seating on public transportation, and consumer discounts. In general public buses and trains were ill suited and not easily accessible to persons with disabilities. As of July 2019, authorities permitted persons with disabilities to obtain a driver’s license from their area of residence rather than the capital.

The government provided tax incentives to companies to encourage the hiring of persons with physical disabilities. The government administered approximately 310 schools for children with disabilities, at least five schools for blind pupils, one higher-education school, and one vocational training institution. These special education centers served individuals ages six to 30. The Ministry of Social Affairs managed centers that provided short- and long-term accommodation and medical services to persons with disabilities who lacked other means of support. During the year the ministry announced it had increased the hiring of persons with disabilities by 2 percent in the public sector.

The Ibsar Association, which worked to promote rights for all persons with disabilities, estimated that fewer than one-third of persons with disabilities held a government-issued disability card, which entitles the holder to a monthly government stipend of 120 dinars ($44). The Ministry of Social Affairs stated that during the year, families that included persons with disabilities received 180 dinars ($66) per month and an additional 20 dinars (seven dollars) per school-aged child.

One of the greatest challenges for persons with disabilities, according to Ibsar, was a lack of access to information through education, media, or government agencies. There were very limited education options or public-sector accommodations for persons with hearing or visual disabilities. There were no schools for children with hearing disabilities, and Ibsar estimated that more than 90 percent of persons with hearing disabilities were illiterate. The Ministry of Social Affairs stated that during the year, in coordination with the Ministry of Health, the government provided hearing aids to families with hearing disabilities. For children with physical disabilities, infrastructure remained a major hurdle to their social inclusion, as few buildings or cities were accessible to persons with physical disabilities or reduced mobility.

For the 2019 national elections, Independent High Authority for Elections (ISIE) worked with civil society organizations to prepare electoral handbooks in braille and to develop elections-related materials in sign language, including a mobile application that standardizes signed vocabulary and phrases related to elections. Civil society observer groups noted ISIE increased its efforts to ensure accessibility to persons with disabilities but that there continued to be a need for effective, timely voter education programs targeted at persons with disabilities and their families.

In 2018 parliament adopted a law against all forms of racial discrimination, including “all distinction, exclusion, restriction, or preference based on race, color, origin, heritage, or all other forms of racial obstruction, obstacle, or deprivation of rights and liberties or their exercise.” The law penalizes acts of racial discrimination with up to three years in prison and a substantial fine for an individual and a larger fine for a legal entity.

On September 20, a video circulated on social media of a Tunisian assaulting two Ivorian nationals. It was revealed later that the assaulter was their boss, a cafe owner in Sousse governorate. The president of the Association of Ivorians in Sousse, who filmed the video, told media, “the two young men went to their boss to claim their two months of unpaid wages. The latter assaulted them and accused them of stealing his coffee machine, to evade payment of wages, when surveillance camera videos show he was the one who took the machine. On their first day of work, he confiscated their passports and later requisitioned their cell phones.” The spokesperson for the First Instance Court of Sousse said the video was authentic, and a judicial investigation was initiated.

In 2018 Falikou Coulibaly, president of the Association of Ivoirians in Tunisia, was killed during a robbery in a suburb of Tunis. Hundreds of Ivorian nationals demonstrated in Tunis to protest Coulibaly’s murder in what they characterized as a racist attack. Then minister in charge of relations with constitutional bodies, civil society, and human rights Mohamed Fadhel Mahfoudh told media, “It is not clear yet if this is a racist criminal act, but an investigation is ongoing. We are against any act of racism.” The court case remained underway.

On October 14, the Court of First Instance of Medenine issued a verdict in favor of Hamden Atig Dali, allowing him to drop Atig, a reference to slavery, from his name on all official documents. This was the first-ever court decision to permit a legal name change on the basis of racial discrimination.

The law criminalizes sodomy. Convictions carry up to a three-year prison sentence. According to NGOs, authorities occasionally used the law against sodomy to detain and question persons about their sexual activities and sexual orientation, reportedly at times based on appearance alone. NGOs reported that in some instances lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals were targeted under the penal code article that criminalizes “infringement of morality or public morals,” which carries a penalty of six months in prison and a fine of 1,000 dinars ($369).

LGBTI individuals continued to face discrimination and violence, including death and rape threats, although societal stigma and fear of prosecution under sodomy laws discouraged individuals from reporting problems.

On January 13, an officer from the Seventh Police Station in downtown Tunis and two accomplices allegedly assaulted three transgender women, using Tasers and their fists. They left one individual, nicknamed Frifta, with serious injuries, including internal bleeding and a skull fracture, according to the LGBTI-rights organization Damj. Damj, in partnership with Lawyers without Borders (ASF), assisted Frifta in seeking medical care and legal recourse. According to Damj, Frifta filed a complaint against an officer on January 11 for harassment of sex workers and encountered the same officer while walking in Tunis two days later with friends. The officer, accompanied by two others, attacked her in retaliation for her earlier complaint. The Ministry of Interior suspended the primary officer involved and opened an internal investigation, while the Ministry of Justice General Prosecutors’ Office, initiated a separate criminal investigation. Both investigations remained underway. On June 17, Damj said the court in El Kef issued prison sentences in three cases under Article 230, which criminalizes same-sex relations. In one case an individual who filed a complaint of police abuse was charged under articles criminalizing homosexuality and offending a police officer.

On July 28, the appeals court upheld the conviction of two men accused of sodomy but reduced their sentence to one year in prison. The First Instance Court of El Kef initially sentenced the two men on June 3 to two years in prison for homosexuality. A lawyer provided by ASF assisted the defendants and led the appeal process.

According to Damj and ASF, 121 individuals were convicted under Article 230 in 2019, with anal examinations used as the basis for the majority of these convictions. In March-September, Damj registered 21 cases of violence against transgender individuals in public places, 10 cases of torture, and two cases of bullying by security forces in detention facilities. Authorities also issued 12 prison sentences against transgender individuals and gay men under Articles 230, 226, and 125 of the criminal code, which criminalize, respectively, “sodomy,” “deliberately declaring immorality,” and “insulting a public official.” Human rights organizations and LGBTI-focused NGOs stated that since judges often assumed guilt of individuals who refused to submit voluntarily to an exam, individuals felt coerced to submit to anal examinations. On May 17, a coalition of NGOs, the Civil Collective for Individual Liberties, called on the government to accelerate the establishment of the Constitutional Court as a guarantor of rights, decriminalize consensual same-sex conduct, end forced or coerced anal examinations, recognize the rights of transgender individuals, and end harassment of LGBTI-rights organizations. The collective noted, “despite the commitment by Tunisian authorities since 2017 not to resort to the use of anal examinations, courts continue to order this practice.”

No laws restrict freedom of expression, association, or peaceful assembly for those speaking out about LGBTI issues. Nevertheless, in February 2019 the government appealed a 2016 court ruling overturning the government’s complaint that the Shams Association’s charter did not allow it to advocate explicitly for gay rights. Adding to its 2016 case, the government stated, “the Tunisian society rejects homosexuality culturally and legally,” and that the Shams Association violated Article 3 of Decree Law 3 “by conducting activities that contradict Tunisia’s laws and culture.” In May 2019 the Tunis Court of Appeals ruled in favor of the Shams Association, noting that Shams did not violate the law by advocating for LGBTI rights. On February 21, the Supreme Court of Appeals issued a final sentence affirming legal status as a civil society organization to the LGBTI-rights Shams Association and rejected the state’s argument that Shams violated the law of associations by advocating for the rights of homosexuals.

There continued to be no information on official discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care.

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The Lessons of 1989: Freedom and Our Future