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Brazil

Executive Summary

Brazil is a constitutional, multiparty republic governed by a democratically elected government. In 2018 voters chose the president, the vice president, and the bicameral national legislature in elections that international observers reported were free and fair.

The three national police forces–the Federal Police, Federal Highway Police, and Federal Railway Police–have domestic security responsibilities and report to the Ministry of Justice and Public Security (Ministry of Justice). There are two distinct units within the state police forces: the civil police, which performs an investigative role, and the military police, charged with maintaining law and order in the states and the Federal District. Despite the name, military police forces do not report to the Ministry of Defense. The armed forces also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities at times did not maintain effective control over security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings by police; harsh and sometimes life-threatening prison conditions; arbitrary arrest or detention; violence against journalists; widespread acts of corruption by officials; lack of investigation of and accountability for violence against women; violence or threats of violence motivated by anti-Semitism; crimes involving violence or threats of violence targeting members of racial minorities, human rights and environmental activists, indigenous peoples and other traditional populations, and lesbian, gay, bisexual, transgender, or intersex persons.

The government prosecuted officials who committed abuses; however, impunity and a lack of accountability for security forces was a problem, and an inefficient judicial process at times delayed justice for perpetrators as well as for victims.

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

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

There were numerous reports that state police committed unlawful killings. In some cases police employed indiscriminate force. The nongovernmental organization (NGO) Brazilian Public Security Forum reported police killed 5,804 civilians in 2019, compared with 6,160 civilians in 2018. Rio de Janeiro State was responsible for 30 percent of the national total, despite representing just 8 percent of the population. Those killed included criminal suspects, civilians, and narcotics traffickers who engaged in violence against police. Accordingly, the extent of unlawful police killings was difficult to determine. The Federal Public Ministry and Federal Prosecutor’s Office investigate whether security force killings are justifiable and pursue prosecutions.

In the city of Rio de Janeiro, most deaths occurred while police were conducting operations against narcotics trafficking gangs in the more than 1,000 informal housing settlements (favelas), where an estimated 1.3 million persons lived. NGOs in Rio de Janeiro questioned whether all of the victims actually resisted arrest, as police had reported, and alleged that police often employed unnecessary force.

On May 18, 14-year-old Joao Pedro Matos Pinto sought shelter in his home in Rio de Janeiro State’s municipality of Sao Goncalo as a police helicopter circled above his neighborhood of Salgueiro, searching for a suspect. According to the autopsy report and witness testimonies, police raided Joao Pedro’s home and shot him in the back dozens of times. During the joint operation of the Federal Police and Civil Police Coordination of Special Resources Unit, authorities said they mistook the teenager for the suspect. The Federal Public Ministry initiated a public civil inquiry to investigate the participation of federal agents in the case. In addition to the Civil Police’s Homicide Division and Internal Affairs Unit, the state and federal public prosecutor’s offices were also investigating the case. As of August no one had been indicted or arrested.

The number of deaths resulting from military and civil police operations in the state of Sao Paulo from January to April grew 31 percent, compared with the same period in 2019. The figures for the four-month period included a spike in deaths in April, with military and civil police reporting 119 officer-involved deaths in the state, a 53-percent increase from April 2019. According to the Sao Paulo state government, military police reported 218 deaths resulting from street operations from January to April.

In Santa Catarina, in the first six months of the year, police killed one person every three days. After pandemic-induced social distancing measures began on March 16, the lethality of military police interventions increased by 85 percent, according to data from the Public Security Secretariat of Santa Catarina. Victims’ families contested police accounts of self-defense, reporting extrajudicial executions and police alteration of crime scenes to match their story.

In the state of Rio Grande do Sul in June, Angolan citizen Gilberto Almeida traveled to his friend Dorildes Laurindo’s house in Cachoeirinha, a suburb of Porto Alegre. Almeida and Laurindo requested a ride through a ride-sharing app. Unbeknownst to them, the driver was a fugitive with a history of drug trafficking. Police gave chase while Almeida and Laurindo were passengers. The driver stopped the car, fled, and was arrested. Officers from the Rio Grande do Sul 17th Military Police Battalion in Gravatai fired 35 times, hitting both Almeida and Laurindo multiple times when they got out of the car. Both were taken to the hospital, where Laurindo died of her wounds. Upon discharge from the hospital, Almeida was taken to the Gravatai police station and then to Canoas State Penitentiary for 12 days before being released by court order.

As of August, Rio de Janeiro’s Public Prosecutor’s Office continued investigating the case of a 2019 operation by two military police units–BOPE and the Battalion to Repress Conflicts (CHOQUE)–in the Santa Teresa neighborhood of the city of Rio de Janeiro. The operation resulted in the deaths of 15 persons. Military police reported all of the victims were criminals; however, human rights organizations claimed the victims offered no resistance and that many were shot in the back. An investigation by Rio de Janeiro’s military police concluded that evidence was insufficient to prove that any crimes were committed. In November 2019 the Civil Police Homicide Division recommended that the case be closed and that none of the investigated police officers be held accountable for the killings.

According to some civil society organizations, victims of police violence throughout the country were overwhelmingly young Afro-Brazilian men. The Brazilian Public Security Forum reported that almost 75 percent of the persons killed by police in 2019 were black. As of August a trial date had not been set for the army soldiers from Deodoro’s (a neighborhood located in western Rio de Janeiro City) 1st Infantry Motorized Battalion, who killed black musician Evaldo Rosa dos Santos and injured two others in April 2019. Nine of the accused were released on bail in May 2019. According to a survey of cases between 2015 and 2017 at the Superior Military Court involving military personnel, 70 percent were either dismissed or resulted in no punishment.

Verbal and physical attacks on politicians and candidates were common. A survey from NGOs Terra de Direitos and Justica Global found 327 cases of political violence, including murder, threats, physical violence, and arrests of politicians or candidates between 2016 and September 2020. A majority of the violence–92 percent–targeted politicians and candidates at the municipal level. As of September 1, at least two candidate or incumbent city councilors, elected mayors or vice mayors, were killed each month of the year. In 63 percent of the cases, authorities had not identified any suspects. In September, Federal Deputy Taliria Petrone appealed to the United Nations for protection from multiple death threats she had received, saying Rio de Janeiro State and the federal government were failing to offer appropriate protections.

According to the aforementioned survey, as of September 1, a total of 27 politicians and candidates had been killed or attacked, and a record 32 killings of politicians and candidates in 2019. In Rio de Janeiro State alone, nine sitting and former politicians were killed in 2019. In March police arrested two former police officers, Ronnie Lessa and Elcio Vieira de Queiroz, in connection with the 2018 killing of a gay, black, Rio de Janeiro city council member and human rights activist, Marielle Franco, and her driver. A preliminary trial began in June 2019 at the Fourth Criminal Court in Rio de Janeiro. As of August police had not identified who ordered the crime, and no trial date had been set for the two accused.

The NGO Global Witness reported 23 social, human rights, and environmental activists were killed in 2019, leading it to classify the country as “extremely lethal” for activists. In March media reported that police officers from the Ninth Military Police Battalion of Uberlandia, Minas Gerais, killed human rights and land rights activist Daniquel Oliveira with a shot to the back of his head. Oliveira was a leader of the Landless Workers Movement. According to police, Oliveira shot at the officers, and they returned fire to defend themselves. According to other Landless Workers Movement activists, Oliveira was unarmed. Police initiated an internal investigation, and the Public Ministry of Minas Gerais interviewed witnesses regarding the killing.

b. Disappearance

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

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

The constitution prohibits torture and inhuman or degrading treatment, but there were reports government officials sometimes employed such practices. The law mandates that special police courts exercise jurisdiction over state military police except those charged with “willful crimes against life,” primarily homicide. Impunity for security forces was a problem. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers. Delays in the special military police courts allowed many cases to expire due to statutes of limitations.

According to the National Council of the Public Ministry, in 2019 there were 2,676 cases of guards and other personnel inflicting bodily harm on prisoners, compared with 3,261 cases in 2018.

In May residents of the Favela do Acari in the city of Rio de Janeiro reported that Iago Cesar dos Reis Gonzaga was tortured and killed during an operation in the community led by CHOQUE and BOPE. The victim’s family corroborated the residents’ report, saying that unidentified police officers tortured, abducted, and killed Iago. The 39th Police Precinct in Pavuna was investigating the case.

On July 12, a television channel broadcasted mobile phone video recordings of a police officer from the 50th Sao Paulo Metropolitan Military Police Battalion holding a black woman on the ground by stepping on her neck. The video was filmed in May in Sao Paulo during a public disturbance call. The woman sustained a fractured leg injury during the incident, and the two officers involved were suspended from duty and were under investigation for misconduct. The police officer who held the woman on the ground was indicted for abuse of authority.

There were reports of sexual assault committed by police. According to Globo news outlet, in August security cameras showed a Rio de Janeiro State military police officer inside the building of the victim who accused him of rape. The victim reported that the officer had been in the building a week before the incident responding to a domestic disturbance call. The officer returned to her building, identifying himself to the doorman as the one who had responded to the earlier call and saying that he needed to talk with the victim. The doormen allowed him to enter the building, and according to the victim, the officer entered her apartment and raped her. The state military police were investigating the case. The officer was suspended from field duties.

In January a military court provisionally released the two military police officers from the 37th and 40th Sao Paulo Metropolitan Military Police Battalions suspected of raping a woman in Praia Grande, Sao Paulo, in June 2019. As of August 10, no verdict had been issued. The two officers were not allowed to resume duties in the field.

In March the Military Prosecutor’s Office opened an investigation into the torture accusations against federal military officers from Vila Military’s First Army Division, but as of August no officer had been charged. In 2018 the press reported claims that the officers tortured 10 male residents of Rio de Janeiro. As of March all 10 men had been released after one year and four months in detention.

In July, four military police officers from the Itajai Military Police Battalion were convicted of torture and received sentences ranging from three to 10 years, in an operation that took place in 2011 in Itajai, Santa Catarina. The agents entered a house to investigate a drug trafficking complaint and attacked three suspects–two men and a woman–with punches, kicks, and electrical stun gun shots. The final report indicated officers fired 33 shots at the three suspects and three other persons, including two children.

Impunity for security forces was a problem. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers, although independent investigations increased. Delays in the special military police courts allowed many cases to expire due to statutes of limitation. Local NGOs, however, argued that corruption within the judiciary, especially at the local and state levels, was a concern and alleged that impunity for crimes committed by security forces was common. According to a survey of cases involving military personnel between 2015 and 2017 at the Superior Military Court, 70 percent were either dismissed or resulted in no punishment. There was a 26-percent increase, however, in arrests of military police officers in the state of Sao Paulo between January and May, compared with the same period in 2019. Most of the 86 arrests during the year were for homicide, corruption, drug trafficking, and assault.

Prison and Detention Center Conditions

Conditions in many prisons were poor and sometimes life threatening, mainly due to overcrowding. Abuse by prison guards continued, and poor working conditions and low pay for prison guards encouraged corruption.

Physical Conditions: According to the National Penitentiary Department, as of December 2019, the average overall occupation rate in prisons was 170 percent of the designed capacity. The northern region of the country experienced the worst overcrowding, with three times more prisoners than the intended capacity. The southern state of Parana reported a shortage of 12,500 spaces for inmates in correctional facilities and provisional centers within the metropolitan area of Curitiba as a result of a 334-percent increase in the number of arrests in the first four months of the year. Much of the overcrowding was due to the imprisonment of pretrial detainees. A February survey by the news portal G1 showed that 31 percent of detainees were being held without a conviction, a drop from 36 percent in 2019.

A June report by the NGO Mechanism to Prevent Torture highlighted that prisons in all 26 states and the Federal District faced overcrowding and shortages in water (some facilities had water available for only two hours per day), personal hygiene products, and proper medical care. Prison populations endured frequent outbreaks of diseases such as tuberculosis and suffered from high rates of sexually transmitted diseases such as syphilis and HIV. Letters from detainees to the Pastoral Carceraria, a prison-monitoring NGO connected to the Catholic Church, reported a lack of guarantee of rights such as education, recreation, and contact with family and lawyers due to COVID-19 restrictions imposed by prison authorities.

Reports of abuse by prison guards continued. In March 2019 the national daily newspaper Folha de S. Paulo reported that the Sao Paulo Penitentiary Administration Secretary’s Ombudsman’s Office received 73 reports of torture in correctional facilities in the state of Sao Paulo in the first two months of 2019, of which 66 were related to the Provisional Detention Center of Osasco, in the metropolitan area of Sao Paulo. Reports mentioned long punishment in isolated cells, lack of access to health care, and psychological torture. The center was operating at 50 percent beyond designed capacity.

Police arrested one person in Fortaleza, Ceara State, who was allegedly responsible for the January 2019 prison riots that resulted in the Ministry of Justice authorizing a federal intervention taskforce to enter the state’s prisons. The National Mechanism for the Prevention and Combat of Torture investigated reports of abuse and reported in October 2019 that prison guards systematically broke prisoners’ fingers as a way to immobilize them. The National Penitentiary Department denied the findings of torture, stating prisoners were injured in the violent riots and received medical treatment.

General prison conditions were poor. There was a lack of potable water, inadequate nutrition, food contamination, rat and cockroach infestations, damp and dark cells, a lack of clothing and hygiene items, and poor sanitation. According to a March report from the Ministry of Health, prisoners were 35 times more likely to contract tuberculosis, compared with the general public. One NGO, the Rio de Janeiro Mechanism for Torture Prevention, asserted that injured inmates were denied medication and proper medical treatment.

Prisoners convicted of petty crimes frequently were held with murderers and other violent criminals. Authorities attempted to hold pretrial detainees separately from convicted prisoners, but lack of space often required placing convicted criminals in pretrial detention facilities. In many prisons, including those in the Federal District, officials attempted to separate violent offenders from other inmates and keep convicted drug traffickers in a wing apart from the rest of the prison population. Multiple sources reported adolescents were held with adults in poor and crowded conditions.

Prisons suffered from insufficient staffing and lack of control over inmates. Violence was rampant in prison facilities. According to the National Penitentiary Department, 188 prisoners were killed while in custody in 2019. In addition to poor administration of the prison system, overcrowding, the presence of gangs, and corruption contributed to violence. Media reports indicated incarcerated leaders of major criminal gangs continued to control their expanding transnational criminal enterprises from inside prisons.

Prison riots were common occurrences. In April approximately 100 minors rioted in the juvenile detention center Dom Bosco in Ilha do Governador, Rio de Janeiro City, after authorities suspended family visits due to the COVID-19 pandemic. Inmates set fire to mattresses, broke doors, and injured two guards.

Administration: State-level ombudsman offices; the National Council of Justice; the National Mechanism for the Prevention and Combat of Torture in the Ministry of Women, Family, and Human Rights; and the National Penitentiary Department in the Ministry of Justice monitored prison and detention center conditions and conducted investigations of credible allegations of mistreatment.

Due to COVID-19, Sao Paulo State penitentiaries implemented restrictive visitation policies. Beginning in March visits to inmates in the states of Santa Catarina and Rio Grande do Sul were suspended. In April, Santa Catarina implemented virtual visits. In Rio Grande do Sul, almost 3,000 inmates belonging to high-risk groups for COVID-19 were released from prison to house arrest and electronic monitoring.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prisoners and detainees had access to visitors; however, human rights observers reported some visitors complained of screening procedures that at times included invasive and unsanitary physical exams.

Improvements: Ceara State prison officials took steps to reduce overcrowding by building new prisons, including a maximum-security prison inaugurated in February, reforming existing prisons to accommodate 5,000 more prisoners, and maximizing the use of parole programs. The state banned cell phones and televisions in prisons, increased the use of videoconferences so that prisoners had access to lawyers, and provided expanded access to educational courses.

In October a new law established Santa Catarina State’s policy for the rehabilitation of formerly incarcerated persons. The law guarantees support and promotes social inclusion for formerly incarcerated persons, assists them in entering the labor market, develops educational and professional qualification programs, and provides incentives to companies that provide jobs to this vulnerable population.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and limits arrests to those caught in the act of committing a crime or called for by order of a judicial authority; however, police at times did not respect this prohibition. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision.

Arrest Procedures and Treatment of Detainees

Officials must advise persons of their rights at the time of arrest or before taking them into custody for interrogation. The law prohibits use of force during an arrest unless the suspect attempts to escape or resists arrest. According to human rights observers, some detainees complained of physical abuse while being taken into police custody.

Authorities generally respected the constitutional right to a prompt judicial determination of the legality of detention. The law permits provisional detention for up to five days under specified conditions during an investigation, but a judge may extend this period. A judge may also order temporary detention for an additional five days for processing. Preventive detention for an initial period of 15 days is permitted if police suspect a detainee may flee the area. Defendants arrested in the act of committing a crime must be charged within 30 days of arrest. Other defendants must be charged within 45 days, although this period may be extended. In cases involving heinous crimes, torture, drug trafficking, and terrorism, pretrial detention could last 30 days with the option to extend for an additional 30 days. Often the period for charging defendants had to be extended because of court backlogs. The law does not provide for a maximum period of pretrial detention, which is decided on a case-by-case basis. Bail was available for most crimes, and defendants facing charges for all but the most serious crimes have the right to a bail hearing. Prison authorities generally allowed detainees prompt access to a lawyer. Indigent detainees have the right to a lawyer provided by the state. Detainees had prompt access to family members. If detainees are convicted, time in detention before trial is subtracted from their sentences.

Arbitrary Arrest: On September 2, civil police officers from the Rio de Janeiro 76th Police Station arrested Luiz Carlos da Costa Justino for a 2017 car theft. According to police, the robbery victim identified Justino from a photograph lineup in the police station. According to media outlets, Justino, who was an adolescent at the time of the robbery, did not have a criminal record and therefore police should not have had access to any photographs of him. Video evidence showed that at the time of the crime, Justino, an Afro-Brazilian musician with the Grota String Orchestra in Niteroi, was performing in an event at a bakery located four miles from the crime scene. Justino was released after five days. As of October the public prosecutor’s office of Rio de Janeiro was reviewing Justino’s petition for revocation of the arrest.

Pretrial Detention: According to the Ministry of Justice’s National Penitentiary Department, 30 percent of prisoners nationwide were in pretrial detention. A study conducted by the National Penitentiary Department in 2018 found more than half of pretrial detainees in 17 states had been held in pretrial detention for more than 90 days. The study found that 100 percent of pretrial detainees in Sergipe State, 91 percent in Alagoas State, 84 percent in Parana State, and 74 percent in Amazonas State had been held for more than 90 days.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Local NGOs, however, argued that corruption within the judiciary, especially at the local and state levels, was a concern and alleged that impunity for crimes committed by security forces was common.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right, although NGOs reported that in some rural regions–especially in cases involving land-rights activists–police, prosecutors, and the judiciary were perceived to be more susceptible to external influences, including fear of reprisals. Investigations, prosecutions, and trials in these cases often were delayed.

After an arrest a judge reviews the case, determines whether it should proceed, and assigns the case to a state prosecutor, who decides whether to issue an indictment. Juries hear cases involving capital crimes; judges try those accused of lesser crimes. Defendants enjoy a presumption of innocence and have the right to be present at their trial, to be promptly informed of charges, not to be compelled to testify or confess guilt, to confront and question adverse witnesses, to present their own witnesses and evidence, and to appeal verdicts. Defendants generally had adequate time and facilities to prepare a defense but do not have the right to free assistance of an interpreter.

Although the law requires trials be held within a set time, there were millions of backlogged cases at state, federal, and appellate courts, and cases often took many years to be concluded. To reduce the backlog, state and federal courts frequently dismissed old cases without a hearing. While the law provides for the right to counsel, the Ministry of Public Security stated many prisoners could not afford an attorney. The court must furnish a public defender or private attorney at public expense in such cases, but staffing deficits persisted in all states.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Citizens may submit lawsuits before the courts for human rights violations. While the justice system provides for an independent civil judiciary, courts were burdened with backlogs and sometimes subject to corruption, political influence, and indirect intimidation. Cases involving violations of an individual’s human rights may be submitted through petitions by individuals or organizations to the Inter-American Commission on Human Rights, which in turn may submit the case to the Inter-American Court of Human Rights.

Property Restitution

The government has no laws or mechanisms in place for, and NGOs and advocacy groups reported that the government had not made progress on, resolution of Holocaust-era claims, including for foreign citizens. Brazil endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010. Persons in the federal government, the Israeli diplomatic mission to Brazil, civil society organizations, and synagogues were unaware of any laws codifying the return of Holocaust-era property to victims. Representatives of the Uniao Brasileiro-Israelita do Bem Estar Social (UNIBES), a nonprofit organization operating in Sao Paulo for more than 95 years, worked with survivors based in the country pursuing claims, but usually those claims were done privately without advocacy or assistance from the government. UNIBES representatives said governmental assistance was primarily of a consular nature, provided to survivors pursuing claims while in Europe.

For additional information, the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, can be found at https://www.state.gov/reports/just-act-report-to-congress/.

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

Although the law and constitution prohibit warrantless searches, NGOs reported police occasionally conducted searches without warrants. Human rights groups, other NGOs, and media reported incidents of excessive police searches in poor neighborhoods. During these operations police stopped and questioned persons and searched cars and residences without warrants.

The Ministry of Justice’s Secretariat of Integrated Operations (SEOPI) provided information on individuals identified as antifascists to other law enforcement agencies. The press leaked a SEOPI dossier with the names, photographs, and social media activity of at least 579 individuals nationwide, including police officers, university professors, and former secretaries of public security and human rights. On August 3, the Minister of Justice fired the head of SEOPI and initiated an internal investigation into the matter. On August 20, the Supreme Court determined the monitoring had been illegal.

In October the president signed a decree compelling all federal bodies to share most of the data they hold on citizens, from health records to biometric information, and consolidate it into a single database. Officials argued this would consolidate information and facilitate citizen’s access to government services. There was no debate or public consultations before the decree was signed, and critics warned that the concentration of data could be used to violate personal privacy and other civil liberties. The database was to include biographic information, health information, and biometric data, such as facial profiles, voice, iris and retina scans, and prints of digits and palms.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right.

Violence and Harassment: Journalists were sometimes killed or subjected to harassment, physical attacks, and threats as a result of their reporting. In May journalist Leonardo Pinheiro was killed while conducting an interview in Araruama in Rio de Janeiro State. As of October authorities had not identified any suspects or motives.

As in previous years, the most serious physical attacks were reported in relation to local reporting, such as the case of television news presenter Alex Mendes Braga, who in July was forced off the road in Manaus, Amazonas State, physically attacked, and threatened in apparent retaliation for his recent coverage of suspected fraud at a local hospital.

Multiple journalists were subjected to verbal assault, including when unmasked private individuals yelled in their faces following the onset of COVID-19. The most high-profile incident took place outside the presidential palace in Brasilia, leading a coalition of civil society organizations to file a civil suit against the government for failing to protect journalists there. As of August multiple major outlets had stopped sending journalists to cover events outside the palace, and the palace had taken additional measures to keep journalists separated from civilians gathered outside.

According to Reporters without Borders, President Jair Bolsonaro criticized the press 53 times, verbally or via social media, during the first half of the year. Multiple news outlets reported that on August 23, President Bolsonaro verbally lashed out at an O Globo reporter, who questioned him about deposits made by former aide Fabricio Queiroz to his wife, Michelle Bolsonaro.

In instances of violence perpetrated by protesters or provocateurs during mass demonstrations, at times security forces injured journalists during crowd-control operations.

In June, two journalists from the local newspaper Em Questao in Alegrete, Rio Grande do Sul, were beaten by two military police officers after one of the reporters attempted to photograph an army truck outside the city police station. The officers forbade the reporter from taking photographs, seized his cell phone, and kicked and handcuffed him. After an investigation, in August civil police referred the two officers for prosecution for aggression and abuse of authority.

Censorship or Content Restrictions: National laws prohibit politically motivated judicial censorship, but there were reports of judicial censorship. On July 30, a Federal Supreme Court justice ordered Facebook and Twitter to block multiple accounts for having disseminated “fake news.”

Nongovernmental Impact: Nongovernmental criminal elements at times subjected journalists to violence due to their professional activities.

Internet Freedom

The government did not restrict or disrupt access to the internet or systematically censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. Nonetheless, the online environment remained constrained by threats of violence against independent bloggers and websites, as well as criminal defamation laws and restrictive limits on content related to elections.

The law protects net neutrality and freedom of expression online and provides for the inviolability and secrecy of user communications online, permitting exceptions only by court order. Anonymous speech is explicitly excluded from constitutional protection.

The electoral law regulates political campaign activity on the internet. The law prohibits paid political advertising online and in traditional media. During the three months prior to an election, the law also prohibits online and traditional media from promoting candidates and distributing content that ridicules or could offend a candidate.

Academic Freedom and Cultural Events

There were no significant reports of government restrictions on educational or cultural events.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The government generally respected the right of freedom of peaceful assembly, but police occasionally intervened in citizen protests that turned violent.

In June an officer from CHOQUE pointed a rifle at unarmed demonstrator Jorge Hudson during a Black Lives Matter protest in front of the Rio de Janeiro governor’s official residence. Although the crowd of protesters was peaceful, military police responded with rubber bullets and tear gas to disperse the public. The military police spokesperson announced a few days later that the police officer involved in the incident had been punished administratively.

c. Freedom of Religion

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

d. Freedom of Movement

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

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The governmental National Committee for Refugees cooperated with the Office of the UN Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing official documents, protection, and assistance to refugees, returning refugees, asylum seekers, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that refugees were susceptible to human trafficking for the purposes of forced prostitution and forced labor.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. By law refugees are provided official documentation, access to legal protection, and access to public services. The law codifies protections for asylum claimants and provides for a humanitarian visa and residency status that serves as an alternative to refugee claims for some categories of regional migrants, particularly from Venezuela.

As of August there were more than 264,600 Venezuelan refugees and migrants in the country, many of whom arrived in the northern state of Roraima. The country had already officially recognized more than 46,000 of these Venezuelans as refugees. The government continued the process of “interiorization” of Venezuelan refugees and asylum seekers, moving them from the border to other states to relieve pressure on the resource-strapped state of Roraima and provide increased opportunities for education and work.

In 2019 Rio Grande do Sul became the first state to implement a Central American refugee resettlement program with federal government resources. After presenting evidence they had been persecuted by gangs in their home countries, 28 individuals were resettled. The Antonio Vieira Association, a Jesuit organization, was responsible for carrying out the resettlement.

Employment: The interiorization program also provided economic opportunities for resettled Venezuelans by placing them in economic hubs in larger cities. In partnership with the EU, UNHCR released the results of a 2019 survey of 366 resettled Venezuelan families who found improvements in economic status, housing, and education after resettlement. More than 77 percent were employed within weeks of their resettlement, as opposed to only 7 percent beforehand. Within six to eight weeks of their resettlement, the incomes of Venezuelan migrants across all education levels had increased. Prior to resettlement, 60 percent of those interviewed had been in a shelter and 3 percent had been homeless. Four months after being interiorized, no migrants lived on the street and only 5 percent were in shelters, while the majority (74 percent) were living in rental homes. All Venezuelan families had at least one child in school after resettlement, as opposed to only 65 percent of families beforehand.

Resettled Venezuelans seeking employment reported difficulty obtaining Brazilian accreditation for foreign academic degrees and professional licenses, restricting their ability to work. Civil society organizations raised concerns that business closures due to COVID-19 disproportionately affected migrants and refugees, many of whom depended on informal jobs or work in the service sector.

Section 3. Freedom to Participate in the Political Process

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

Elections and Political Participation

Recent Elections: In national elections held in 2018, citizens chose former federal deputy Jair Bolsonaro as president and elected 54 senators and 513 federal deputies to the national legislature and multiple governors and state legislators to state governments. National observers and media considered the elections free and fair.

Political Parties and Political Participation: On August 5, the Porto Alegre city council opened an impeachment process against Mayor Nelson Marchezan Jr. for allegedly using 3.1 million reais (R$) ($570,000) from the municipal health fund to pay for advertising, including in national newspapers, contrary to the rules established in a decree for the application of resources. The mayor claimed the rules did not apply because the city council explicitly approved the use of funds for safety orientations regarding COVID-19. Proponents of impeachment claimed, however, the advertisements highlighted Marchezan’s response to the pandemic and thus were self-promotional for his re-election campaign.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate.

On August 25, the Superior Electoral Court decided that the division of publicly provided funds for campaign financing and advertising time on radio and television must be divided proportionally between black and white candidates in elections. For example, if 20 percent of a party’s candidates are black, at least 20 percent of its publicly provided campaign funding must be used in support of those black candidates. The decision, scheduled to take effect in 2022, was made in response to calls from Afro-Brazilian activists.

The law requires parties and coalitions to have a minimum quota of 30 percent women on the list of candidates for congressional representatives (state and national), mayors, and city council members. By law 20 percent of the political television and radio advertising must be used to encourage female participation in politics. Parties that do not comply with this requirement may be found ineligible to contest elections. In the 2018 elections, some parties fielded the minimum number of female candidates but reportedly did not provide sufficient support for them to campaign effectively. In 2018 the Superior Electoral Court ruled parties must provide a minimum of 30 percent of campaign funds to support the election of female candidates. Women remained underrepresented in elected positions, representing only 15 percent of federal deputies and 13 percent of federal senators. One newly elected state congresswoman in the state of Santa Catarina suffered a wave of misogynistic social media attacks, including by self-identified members of the military police, after wearing a neckline her critics considered “revealing” during her swearing-in to the state legislative assembly. The military police commander general announced he would investigate the actions of the police officers who posted the offensive comments.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials and stipulates civil penalties for corruption committed by Brazilian citizens or entities overseas. There were numerous reports of corruption at various levels of government, and delays in judicial proceedings against persons accused of corruption were common, often due to constitutional protections from prosecution for elected officials. This often resulted in de facto impunity for those responsible.

Corruption: The investigation of the Petrobras state oil company embezzlement scandal (Operation Carwash, or Lava Jato), which began in 2014, continued and led to arrests and convictions of money launderers and major construction contractors in addition to the investigation, indictment, and conviction of politicians across the political class. Information gained through collaboration and plea bargains with suspects launched many new investigations. During the year prosecutors filed 128 new complaints and issued 61 arrest warrants.

Superior Court of Justice Minister Benedito Goncalves removed Rio de Janeiro governor Witzel from office on August 28 for an initial period of 180 days on charges of corruption, money laundering, and obstruction of justice related to his role in a criminal organization that oversaw fraudulent expenditures and contracting in the state’s COVID-19 response. The court decision came amid a separate and ongoing impeachment process led by the state legislative assembly against the governor. The August 28 ruling led to arrests of high-profile individuals including, among others, former Rio de Janeiro state secretary of economic development Lucas Tristao, pastor (and president of the Social Christian Party) Everaldo Dias Pereira, and business owner Mario Peixoto. The corruption scandal also led to the arrests of Deputy Health Secretary Gabriell Neves in May and former Rio de Janeiro health secretary Edmar Santos in July. As of August 17, Neves remained in detention, while Santos had been released based on his cooperation with the investigation of Governor Witzel. As of August, Rio de Janeiro’s public ministry was also investigating the nonprofit health organization Institute of Basic and Advanced Health Services (IABAS). Rio de Janeiro State contracted IABAS to build and manage seven of the state’s nine COVID-19 field hospitals. The noncompetitive-bid contracts under investigation included purchases of ventilators, medical masks, and rapid diagnostic tests believed to be valued, collectively, at more than $200 million.

On July 29, Sao Paulo senator Jose Serra was indicted for corruption and money laundering by the Federal Court of Justice. On July 30, the Electoral Court of Sao Paulo indicted former governor Geraldo Alckmin for electoral crimes, corruption, and money laundering. Alckmin had allegedly received R$10 million ($1.8 million) for his 2010 and 2014 gubernatorial campaigns.

Financial Disclosure: Public officials are subject to financial disclosure laws, and officials generally complied with these provisions. Not all asset declarations are made public, but federal employees’ salaries and payment information are posted online and can be searched by name.

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

Many domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views. Federal and state officials in many cases sought the aid and cooperation of domestic and international NGOs in addressing human rights problems.

Government Human Rights Bodies: Some local human rights organizations were critical of the Ministry of Human Rights, stating that many positions were either unfilled or filled by individuals who did not support human rights and that the role of civil society in policy discussions had been severely reduced.

The Chamber of Deputies and the Senate had human rights committees and subcommittees that operated without interference and participated in several activities nationwide in coordination with domestic and international human rights organizations. Most states had police ombudsmen, but their accomplishments varied, depending on such factors as funding and outside political pressure.

The government operated a number of interministerial councils linking civil society to decision makers in the government on a range of human rights topics. Many of their activities were interrupted by the pandemic.

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

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. In addition, the Maria da Penha Law criminalizes physical, psychological, and sexual violence against women, as well as defamation and damage to property or finances by someone with whom the victim has a marriage, family, or intimate relationship. The law defines femicide as homicide of a woman due to her gender that could include domestic violence, discrimination, or contempt for women, and it stipulates a sentence of 12 to 30 years. According to NGOs and official data, there were 1,326 femicides in 2019, compared with 1,026 in 2018. According to the NGO Brazilian Public Security Forum, law enforcement identified 946 femicides in 2018. According to the National Council of Justice, courts imposed sentences in 287 cases of femicide in 2018.

According to NGOs and public security data, domestic violence was widespread. According to the 13th Public Safety Yearbook released annually by the Brazilian Public Security Forum, there were 66,000 cases of rape in 2018. Due to underreporting, the actual number of cases was likely much higher. In cases of femicide, the killer was a partner or former partner of the victim 89 percent of the time. In July, Santa Catarina Military Police sergeant Regiane Terezinha Miranda was killed by her former husband, who then took his own life. Miranda led the Catarina Network for the Protection of Women, a program designed to prevent and combat domestic violence.

Prolonged stress and economic uncertainty resulting from the pandemic led to an increase in gender-based violence. A May Brazilian Public Security Forum report showed an average 22-percent increase in femicides in 12 states. The absolute number of femicides in these states increased from 117 in March and April 2019 to 143 in March and April 2020.

The federal government maintained a toll-free nationwide hotline for women to report instances of intimate partner violence. Hotline operators have the authority to mobilize military police units to respond to such reports and follow up regarding the status of the case. The government distributed more electronic ankle monitors and panic button devices as a result of a technical cooperation agreement signed between the Ministry of Women, Family, and Human Rights and the Ministry of Justice in March 2019. Following implementation of the agreement, the sum of ankle monitors (to monitor abusers sentenced to house arrest or to alert police when abusers under a restraining order violate minimum distance requirements) and panic-button devices (to facilitate police notification that a victim is being threatened) increased from 12,727 to 14,786. The agreement also expanded the training and counseling services for abusers from 22 groups and 340 participants to 61 groups and 816 participants nationwide.

In July, Rio de Janeiro governor Witzel signed a bill that temporarily authorized gun permit suspensions and weapons seizures in cases of domestic violence and femicide during the COVID-19 pandemic. Authorities cited concerns that quarantine could lead to increases in domestic violence cases involving weapons. According to Rio de Janeiro’s Public Security Institute, as of June domestic violence calls to the military police aid hotline had increased by 12 percent in comparison with the same period the previous year. In August a Rio police operation resulted in the arrest of 57 suspects accused of domestic violence.

NGO and public security representatives claimed that culturally domestic violence was often viewed as a private matter. Oftentimes bystanders either did not report cases of violence or waited until it was too late. The Brazilian Public Security Forum reported a 431-percent increase in tweets between February and April during the peak of pandemic-related stay-at-home orders, from neighbors witnessing domestic violence. For example, in July, Fabricio David Jorge killed his wife Pollyana de Moura and then killed himself in their apartment in the Federal District. According to media reports, several neighbors heard screams coming from their apartment but did not report the disturbance to authorities.

Each state secretariat for public security operated police stations dedicated exclusively to addressing crimes against women. State and local governments also operated reference centers and temporary women’s shelters, and many states maintained domestic violence hotlines. Despite these protections, allegations of domestic violence were not always treated as credible by police; a study in the state of Rio Grande do Sul found 40 percent of femicide victims had previously sought police protection.

The law requires health facilities to contact police regarding cases in which a woman was harmed physically, sexually, or psychologically and to collect evidence and statements should the victim decide to prosecute.

Sexual assault and rape of minors was widespread. From 2017 to 2018, 64 percent of rapes involved a “vulnerable” victim, defined as a person younger than age 14, or who is considered physically, mentally, and therefore legally incapable of consenting to sexual intercourse.

In March police arrested a rideshare driver suspected of raping a 13-year-old boy in February in the Botafogo neighborhood of Rio de Janeiro City.

Sexual Harassment: Sexual harassment is a criminal offense, punishable by up to two years in prison, but it was seldom pursued. A law effective in 2018 broadens the definition of sexual harassment to include actions performed outside the workplace. NGOs reported sexual harassment was a serious concern, and perpetrators were infrequently held accountable. A 2019 study conducted by research institutes Patricia Galvao and Locomotiva with support from Uber found that 97 percent of women had experienced sexual harassment on public transportation, in taxis, or while using a rideshare application.

In August a regional labor court judge in Minas Gerais ordered a supervisor to pay an indemnity of R$5,000 ($900) to an employee he had sexually harassed and then dismissed after working for three months with the company.

Sexual harassment was also prevalent at public events such as concerts and during Carnival street festivals. Police departments throughout the country distributed rape whistles and informed Carnival goers of the women-only police stations and the sexual assault hotline during the annual celebrations. According to a February survey from the Brazilian Institute of Public Opinion and Statistics, 48 percent of women who attended Carnival events said they suffered some form of sexual harassment during the celebrations. According to public servants and NGOs, the increased awareness and success of national campaigns such as “No means No” led to an increase in reports of sexual harassment during the festivals.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children and had the information and means to do so free from discrimination, coercion, and violence; however, abortion remains illegal except in limited circumstances with court approval. According to the UN Population Fund (UNFPA), individuals in remote regions experienced difficulty accessing reproductive health services, a continuing problem in those regions hit hard by the COVID-19 pandemic. Some local authorities curbed sexual and reproductive services not deemed essential during the pandemic. According to 2018 UNFPA statistics, 77 percent of women of reproductive age had their need for family planning satisfied with modern methods. Human Rights Watch reported that the government provided sexual and reproductive health services for survivors of sexual violence.

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

Discrimination: The law provides for the same legal status and rights for women as for men in all circumstances. The government did not enforce the law effectively. According to government statistics, women earned an average 79.5 percent of the wages earned by men. According to the Observatory on Workplace Equality, black women earned 55 percent of the wages earned by white men.

Children

Birth Registration: Citizenship is derived from birth in the country or from birth to a Brazilian citizen parent. Parents are required to register their newborns within 15 days of the birth or within three months if they live more than approximately 20 miles from the nearest notary. Nevertheless, many children did not have birth certificates.

Child Abuse: The law prohibits child abuse and negligence, but enforcement was often ineffective, and abuse was widespread. The national human rights hotline received 86,800 complaints of violations of the rights of children and adolescents in 2019, an increase of almost 14 percent compared with 2018.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 (or 16 with parental or legal representative consent). The practice of early marriage was common. A study of child marriage in the northeastern states of Bahia and Maranhao found that pregnancy was the main motivation for child marriage in 15 of 44 cases. According to a 2020 UNICEF report, 26 percent of women between the ages of 20 and 24 were married by age 18.

Sexual Exploitation of Children: Sexual exploitation of children, adolescents, and other vulnerable persons is punishable by four to 10 years in prison. The law defines sexual exploitation as child sex trafficking, sexual activity, production of child pornography, and public or private sex shows. The government enforced the law unevenly. The law sets a minimum age of 14 for consensual sex, with the penalty for statutory rape ranging from eight to 15 years in prison.

While no specific laws address child sex tourism, it is punishable under other criminal offenses. The country was a destination for child sex tourism. In addition girls from other South American nations were exploited in sex trafficking in the country.

The law criminalizes child pornography. The creation of child pornography carries a prison sentence of up to eight years and a fine. The penalty for possession of child pornography is up to four years in prison and a fine. On February 18, a nationwide operation coordinated by the Ministry of Justice and carried out by state civil police forces resulted in the arrests of 41 individuals for the possession and distribution of material depicting child sexual exploitation.

Displaced Children: According to a 2019 Human Rights Watch report, 529 unaccompanied Venezuelan children and adolescents crossed the border into Brazil between May and November 2019. Another 2,133 arrived without a parent, accompanied by another adult, often an extended family member. According to civil society contacts, some of these minors were at risk of being trafficked or sexually exploited. In one case an adolescent arrived with a much older man she claimed was her boyfriend, but further questioning revealed she had met him on her journey. Authorities alerted child protective services to take guardianship of the minor.

Local child protection services offices act as legal guardians so unaccompanied adolescents can go to school and obtain identification papers to access the public health system. In some areas, however, they could not accommodate the influx of children. State shelters in Roraima, the state where a majority of migrants entered the country, could house a maximum of 15 adolescent boys and 13 adolescent girls. According to a 2019 Human Rights Watch report, some unaccompanied children ended up living on the streets, where they may be particularly vulnerable to abuse or recruitment by criminal gangs.

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

Anti-Semitism

According to the Jewish Federation, there were approximately 125,000 Jewish citizens, of whom approximately 65,000 lived in the state of Sao Paulo and 29,000 in the state of Rio de Janeiro.

In February, three men assaulted a Jewish man on the street in rural Sao Paulo State. The men shouted anti-Semitic offenses during the assault and cut the victim’s kippah (head covering) with a pocketknife. As of August police were investigating the case but had not identified the attackers.

Prominent Jewish organizations publicly noted their outrage at what they considered anti-Semitic comments made by high-level government officials. In May former minister of education Abraham Weintraub, who is of Jewish heritage, compared a Federal Police operation against fake news to Kristallnacht. Multiple Jewish organizations condemned the comparison, and the Israeli embassy in Brasilia posted on Twitter, “There has been an increase in the use of the Holocaust in public speeches, in a way that belittles its memory and this tragedy that happened to the Jewish people.”

A global survey released in June by the Anti-Defamation League indicated that the percentage of Brazilians who harbored some anti-Jewish sentiment had grown from 19 percent in 2019 to 26 percent in 2020. A survey from the Henry Sobel Human Rights Observatory found that acts of intolerance and anti-Semitic attitudes were increasingly common in society and politics. The organization recorded 30 such acts during the first six months of the year, compared with 26 in all of 2019. There were 349 active neo-Nazi organizations, according to anthropologist Adriana Magalhaes Dias at the Sao Paulo State University of Campinas. The largest concentrations were in the states of Sao Paulo, with 102 groups; Parana, with 74; and Santa Catarina, with 69.

Neo-Nazi groups maintained an active presence online. In May, Safernet, an NGO that promotes human rights on social networks and monitors radical websites, reported the creation of 204 new pages of neo-Nazi content in the country, compared with 42 new pages in May 2019.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities, and the federal government generally enforced these provisions. While federal and state laws mandate access to buildings for persons with disabilities, states did not enforce them effectively. The law requires private companies with more than 100 employees to hire 2 to 5 percent of their workforce from persons with disabilities. According to the 2010 census, only 1 percent of those with disabilities were employed.

The Inclusion of Persons with Disabilities Act, a legal framework on the rights of persons with disabilities, seeks to promote greater accessibility through expanded federal oversight of the City Statute (a law intended to foster the safety and well-being of urban citizens, among other objectives). The act also includes harsher criminal penalties for conviction of discrimination based on disability and inclusive health services with provision of services near residences and rural areas. As of October the National Council of Justice reported 3,834 new cases of discrimination based on disability and 1,918 other cases in some phase of the appeal process.

The National Council for the Rights of Persons with Disabilities and the National Council for the Rights of the Elderly have primary responsibility for promoting the rights of persons with disabilities. The lack of accessible infrastructure and school resources significantly limited the ability of persons with disabilities to participate in the workforce. In September, President Bolsonaro signed a decree creating the National Special Education Policy to facilitate parents placing their children with disabilities in specialized schools without having to try nonspecialized schools first. Some critics claimed the policy could result in fewer schooling options for children with disabilities.

Civil society organizations acknowledged monitoring and enforcement of disability policies remained weak and criticized a lack of accessibility to public transportation, weak application of employment quotas, and a limited medical-based definition of disability that often excludes learning disabilities.

Members of National/Racial/Ethnic Minority Groups

The law prohibits racial discrimination, specifically the denial of public or private facilities, employment, or housing to anyone based on race. The law also prohibits the incitement of racial discrimination or prejudice and the dissemination of racially offensive symbols and epithets, and it stipulates prison terms for such acts.

Approximately 52 percent of the population self-identified as belonging to categories other than white. Despite this high representation within the general population, darker-skinned citizens, particularly Afro-Brazilians, encountered discrimination. They experienced a higher rate of unemployment and earned average wages below those of whites in similar positions. There was also a sizeable education gap. Afro-Brazilians were disproportionately affected by crime and violence.

In a June 19 decision, Judge Ines Zarpelon repeated three times in her written decision that defendant Natan Paz was surely a member of a criminal group due to his Afro-Brazilian race. The judge sentenced him to 14 years and two months in prison for larceny, robbery, and organized crime, consistent with other sentences for similar crimes. Paz’s attorney stated he would appeal the decision, and the National Council of Justice and state bar association requested an investigation of the judge by the Curitiba court and the state Public Ministry. On September 28, the Internal Affairs Office of the state court in Parana dismissed the complaint, noting that the judge’s reference to the defendant’s race had been taken out of context and that the defendant’s sentence was a result of his crimes, not the color of his skin. After the killing of George Floyd in the United States, the country saw widespread Black Lives Matter activism targeted at not only ending police violence against Afro-Brazilians but also raising awareness of pervasive systemic racism in many aspects of society, including the criminal justice system.

Controversial deaths of Afro-Brazilians in Recife and Rio de Janeiro, albeit not at the hands of police, indicated that protests in those cities included a broader message against overall systemic racism in society, according to NGO observers. In Recife a wealthy and well-connected white woman required her Afro-Brazilian housekeeper to report to work despite the housekeeper reportedly not being able to find childcare for her five-year-old son due to COVID-19 closures. The white employer allegedly offered to babysit the toddler but then allowed him to enter an elevator alone and ride to a high floor, from which he subsequently fell to his death. The employer faced a manslaughter charge but was free on bail. Some believed she was treated leniently because of her political connections to local authorities, creating “die-ins” and street protests in the northeastern region of the country. In Rio de Janeiro protests began after the city reported that its first death from COVID-19 was an Afro-Brazilian housekeeper working in the home of a white employer who had recently returned from travel abroad, carrying the virus unknowingly, and had required the housekeeper to report to work. Both cases produced debate on social media regarding pervasive economic racism in the country and the failure of the criminal justice system to treat all citizens equally.

The law provides for quota-based affirmative action policies in higher education, government employment, and the military. Nevertheless, Afro-Brazilians were underrepresented in the government, professional positions, and middle and upper socioeconomic classes.

Many government offices created internal committees to validate the self-declared ethnicity claims of public-service job applicants by using phenotypic criteria, assessing “blackness” in an attempt to reduce abuse of affirmative action policies and related laws. University administrators regularly conducted investigations and expelled students for fraudulently claiming to be black or brown to claim racial quota spots in universities. In July the University of Brasilia revoked the diplomas of two students and expelled another 15 on suspicion of fraud in accessing racial quotas. Statistics showed university racial-quota policies were beginning to have a positive impact on educational outcomes for Afro-Brazilians. For example, the University of Brasilia reported in August that almost 49 percent of its students were black or brown, up from 10 percent in 2003.

In Rio Grande do Sul, many virtual classes and presentations with themes involving blackness, women, and LGBTI rights fell victim to “Zoom-bombing” by hate groups. Aggressors typically joined the group video calls and interrupted the presentations with messages of a sexual, racist, or homophobic nature. The Federal Police was investigating four cases in Santa Maria, Santo Angelo, and Porto Alegre, all in Rio Grande do Sul State.

Followers of Afro-Brazilian religions such as Candomble and Umbanda faced more discrimination and violence than any other faith-based group. Although less than 2 percent of the population followed Afro-Brazilian religions, a majority of the religious persecution cases registered by the human rights hotline involved victims who were practitioners of Afro-Brazilian religions.

On July 31, a Sao Paulo court awarded custody of a 12-year-old girl to her maternal Christian grandmother, removing the girl from her mother, who had supported her daughter’s choice to practice the Afro-Brazilian religion of Candomble. The grandmother filed for custody alleging the child faced physical and psychological harm after she shaved her head for a Candomble religious ceremony. Although court documents were not publicly available due to the minor status of the child, media reported that authorities had found no evidence of physical or psychological harm and that the girl had said Candomble was her religion of choice. On August 14, the court returned the girl’s custody to her mother and requested further police investigation.

Followers of Afro-Brazilian religions faced physical attacks on their places of worship. According to one religious leader, these attacks resulted from a mixture of religious intolerance and racism, systemic societal discrimination, media’s perpetuation of harmful stereotypes, and attacks by public and religious officials against these communities. On June 9, armed men invaded one of Bahia State’s oldest Candomble temples and destroyed several sacred objects. Media identified the invaders as employees of Grupo Penha packaging company. Representatives of the company denied any wrongdoing but claimed the temple was located on company-owned land.

Indigenous People

According to data from the National Indigenous Foundation (FUNAI) and the 2010 census, there were approximately 897,000 indigenous persons, representing 305 distinct indigenous ethnic groups that spoke 274 distinct languages.

The constitution grants the indigenous population broad protection of their cultural patrimony and use of their territory; however, all aboveground and underground minerals as well as hydroelectric power potential belong to the government. Congress must consult with the tribes involved when considering requests to exploit mineral and water resources, including ones with energy potential, on indigenous lands. Despite several proposals, Congress had not approved specific regulations on how to develop natural resources on indigenous territory, rendering any development of natural resources on indigenous territory technically illegal.

In May the government launched the second phase of Operation Green Brazil to eradicate forest fires and deter criminal activity by making arrests, issuing fines, and confiscating illegally logged wood. Nevertheless, NGOs claimed the lack of regulation along with impunity in cases of illegal land invasions resulted in illegal exploitation of natural resources. The NGO Instituto Socioambiental (ISA) reported there were more than 20,000 miners illegally extracting gold from the Yanomami indigenous lands in Roraima State. According to a report released by the NGO Indigenous Missionary Council (CIMI) in 2020, there were 256 cases of illegal invasions and exploitation of natural resources on 151 indigenous territories in 23 states in 2019. A 2019 Human Rights Watch report specifically detailed illegal deforestation in the Amazon. The report concluded that illegal deforestation in the Brazilian Amazon region was driven largely by criminal networks that had the logistical capacity to coordinate large-scale extraction, processing, and sale of timber, while deploying armed men to protect their interests. The report documented 28 killings–most of them since 2015–in which evidence indicated the perpetrators were engaged in illegal deforestation and the victims were targeted because they opposed these criminal activities. Victims included environmental enforcement officials, members of indigenous communities, or others who denounced illegal logging to authorities.

Illegal land invasions often resulted in violence and even death. According to the CIMI report, there were 113 killings of indigenous persons in 2019, compared with 135 such cases in 2018. The killing of indigenous leader and environmental and human rights defender Zezico Rodrigues in March in Arame, Maranhao, was the fifth such killing of an indigenous Guajajara in as many months. Rodrigues worked as director of the indigenous School Education Center and fought environmental crimes. According to indigenous leaders in the region, he reportedly received death threats and formally complained to FUNAI and the Federal Police.

According to FUNAI, the federal government established rules for providing financial compensation in cases of companies that won development contracts affecting indigenous lands. Illegal logging, drug trafficking, and mining, as well as changes in the environment caused by large infrastructure projects, forced indigenous tribes to move to new areas or make their demarcated indigenous territories smaller than established by law. Various indigenous groups protested the slow pace of land demarcations. In a case that lasted more than 30 years, in 2018 a court ordered the return of 20,000 acres of land to the Pankararu indigenous community in the municipalities of Tacaratu, Petrolandia, and Jatoba in the state of Pernambuco. As a result, the Federal Public Ministry instituted an administrative procedure to coordinate federal actions and prevent conflicts. It received reports of invaders cutting down trees, breaking fences, destroying gardens, and threatening members of the Pankararu community.

NGOs and indigenous people’s organizations reported higher mortality rates among members of indigenous groups due to COVID-19 than the Ministry of Health reported. According to the Institute for Environmental Research in the Amazon and the NGO Coordination of the Indigenous Organizations in the Brazilian Amazon, the mortality rate due to COVID-19 among indigenous persons on June 24 in the Amazon was 6.8 percent. In comparison, as of June 27, the ministry reported mortality rates due to COVID-19 averaged 4.3 percent, and in the northern region, where most indigenous groups lived, only 3.7 percent. Some of this discrepancy may have been due to differences in how mortality was calculated based on all indigenous persons or only those who live in indigenous territories. Many indigenous persons expressed concern that the virus, with its higher risk to older, vulnerable populations, could erase their cultural heritage by decimating an entire generation of elders. The Munduruku people, with land in the states of Amazonas and Para, reported losing seven elders between ages 60 and 86 to COVID-19. According to multiple media reports, indigenous leaders believed exposure from outside, specifically miners and loggers, and increased air pollution (due to machinery and burning deforested land) had caused aggravated respiratory health and put an already vulnerable population at higher risk of contracting COVID-19.

In July a federal court ordered the federal government to expel the estimated 20,000 illegal gold miners from Yanomami Indigenous territory to protect them from the COVID-19 spread. The Ministry of Health, FUNAI, and the Ministry of Defense sent medical missions and more than 350 tons of health supplies to indigenous territories, including more than $40 million in medical supplies to the state of Amazonas, where most indigenous groups lived. Additionally, the Health Ministry, together with state governments and FUNAI, opened five new hospital wings in the states of Para, Amapa, and Amazonas exclusively for treating indigenous COVID-19 patients. On July 8, President Bolsonaro passed a law creating an emergency action plan to support COVID-19 prevention and treatment for indigenous and other traditional populations. The plan addresses basic hygiene and medical needs. Indigenous leaders made public statements emphasizing that very few of these resources had been delivered to their communities and argued that resource scarcity resulting from the COVID-19 crisis remained a concern.

The Quilombola population–descendants of escaped African slaves–was estimated to include 6,000 communities and five million individuals, although the government had no official statistics. The constitution recognizes Quilombola land ownership rights. Nearly 3,000 communities were registered, but fewer than 140 had been granted land titles by the government.

Quilombola representatives and partner organizations reported that members of these communities suffered higher mortality rates due to COVID-19 than the rest of the country’s population. According to a partnership between the NGOs ISA and National Coordination for the Articulation of Quilombola Communities (CONAQ), the mortality rate due to COVID-19 in Quilombola communities as of June was 7.6 percent. In comparison, as of June 27, the Ministry of Health reported mortality rates due to COVID-19 in the entire country averaging 4.3 percent, and in the northern region, where a majority of indigenous peoples lived, 3.7 percent.

Quilombola communities faced systemic challenges such as endemic poverty, racism, violence, and threats against leaders and women, as well as limited access to essential resources and public policies. According to CONAQ, black populations had a higher rate of diseases that further aggravated the effects of COVID-19, such as diabetes and high blood pressure. The precarious access to water in many territories was a cause for concern, as it also hindered the hygiene conditions necessary to prevent the spread of the virus. Civil society leaders also cited concerns about food insecurity in Quilombola communities. The communities claimed that health officials were not conducting sufficient contact tracing or testing there, compared with the general population.

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

Violence against LGBTI individuals was a serious concern. The Federal Public Ministry is responsible for registering reports of crimes committed on the basis of gender or sexual orientation but reportedly was slow to respond. Transgender individuals were particularly at risk of being the victims of crime or committing suicide. According to the NGO Grupo Gay da Bahia, the risk for a transgender person of being killed was 17 times greater than for a gay person. According to the National Association of Transvestites and Transsexuals in Brazil, in partnership with the Brazilian Institute of Trans Education, 124 transgender men and women were killed in 2019, compared with 163 in 2018. Police arrested suspects in only 9 percent of the cases. According to some civil society leaders, underreporting of crimes was rampant, because many LGBTI persons were afraid they might experience discrimination or violence while seeking services from law enforcement authorities.

In May transgender woman Vick Santos was found strangled and burned in Itu, Sao Paulo. In July, Douglas Jose Goncalves and his wife, Natasha Oliveira, confessed to the crime. Goncalves told police he strangled Santos in self-defense during an altercation. He and Oliveira then burned Santos’ body in an effort to destroy forensic evidence. Both were arrested and were awaiting trial.

On July 26, two teenagers in Bahia stoned Guilherme de Souza and then took his unconscious body to an abandoned house, which they set ablaze. A few hours after the crime was committed, police arrested the suspects, one of whom confessed that he had premeditated the crime because he was offended when the victim, who was homosexual, had flirted with him.

No specific law prohibits discrimination against LGBTI persons in essential goods and services such as health care. In June 2019, however, the Supreme Court criminalized discrimination based on sexual orientation and gender identity. Offenders face sentences of one to three years’ imprisonment and a fine, or two to five years’ imprisonment and a fine if there is widespread media coverage of the incident.

NGOs cited lack of economic opportunity for LGBTI persons as a concern. According to the NGO Grupo Gay da Bahia, 33 percent of companies avoided hiring LGBTI employees, and 90 percent of transgender women survived through prostitution because they could find no employment alternative. Transgender women often paid human traffickers for protection and daily housing fees. When they were unable to pay, they were beaten, starved, and forced into commercial sex. Traffickers exploited transgender women, luring them with offers of gender reassignment surgery and later exploiting them in sex trafficking when they were unable to repay the cost of the procedure.

According to some LGBTI leaders, the COVID-19 pandemic severely limited the LGBTI population’s access to public health and mental health resources, and many were in abusive domestic situations with families that did not support them. According to some civil society sources, LGBTI workers, who were more likely to work in the informal economy, lost their jobs at a much higher rate than the general population during the pandemic.

HIV and AIDS Social Stigma

Discrimination against persons with HIV or AIDS is punishable by up to four years in prison and a fine. On May 8, the Supreme Court overturned a Ministry of Health and National Health Surveillance Agency regulation that barred men who had sex with other men from giving blood for 12 months, ending any waiting time.

Civil society organizations and the press reported discrimination against persons with HIV or AIDS. According to one LGBTI activist, although the government provided affordable HIV treatment through the National Institute of Infectious Diseases, many HIV-positive persons did not access the service because they were unaware of its existence or did not understand the bureaucracy required to participate in the program.

Other Societal Violence or Discrimination

Drug trafficking organizations and other groups contributed to societal violence or discrimination. There was evidence that these organizations participated in vigilante justice, holding “trials” and executing persons accused of wrongdoing. A victim was typically kidnapped at gunpoint and brought before a tribunal of gang members, who then tortured and executed the victim.

On July 16, Sao Paulo police arrested six men suspected of being part of the so-called criminal court of the militia group PCC. They were suspected of committing serial killings at the behest of the faction in the southern region of the capital. According to media reports, police believed the suspects killed four persons and buried them in unmarked graves.

In Rio de Janeiro’s favelas, so-called militia groups, often composed of off-duty and former law enforcement officers, reportedly took policing into their own hands. Many militia groups intimidated residents and conducted illegal activities such as extorting protection money and providing pirated utility services. The groups also exploited activities related to the real estate market and the sale of drugs and arms.

In March members of a drug trafficking gang that controlled the Cidade de Deus favela in the city of Rio de Janeiro ordered residents to remain indoors after 8 p.m., in an attempt to prevent the spread of COVID-19. They posted a video on social media saying, “anyone found walking around outside would be punished.” The gang told residents that they had imposed the curfew “because nobody was taking [coronavirus] seriously.” In areas controlled by militia groups such as Praca Seca, in the western part of the city, militia members also prohibited small bars in the area to operate and informed residents they were to remain indoors.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for freedom of association for all workers (except members of the military, military police, and firefighters); the right to bargain collectively with some restrictions; and the right to strike. The law limits organizing at the enterprise level. By law the armed forces, military police, and firefighters may not strike. The law prohibits antiunion discrimination, including the dismissal of employees who are candidates for, or holders of, union leadership positions, and it requires employers to reinstate workers fired for union activity.

New unions must register with the Ministry of Economy, which accepts the registration unless objections are filed by other unions. The law stipulates certain restrictions, such as unicidade (in essence, one union per occupational category per city), which limits freedom of association by prohibiting multiple, competing unions of the same professional category in a single geographical area. Unions that represent workers in the same geographical area and professional category may contest registration.

The law stipulates a strike may be ruled “disruptive” by the labor court, and the union may be subjected to legal penalties if the strike violates certain conditions, such as if the union fails to maintain essential services during a strike, notify employers at least 48 hours before the beginning of a walkout, or end a strike after a labor court decision. Employers may not hire substitute workers during a legal strike or fire workers for strike-related activity, provided the strike is not ruled abusive.

The law obliges a union to negotiate on behalf of all registered workers in the professional category and geographical area it represents, regardless of whether an employee pays voluntary membership dues. The law permits the government to reject clauses of collective bargaining agreements that conflict with government policy. A 2017 law includes new collective bargaining rights, such as the ability to negotiate a flexible hourly schedule and work remotely.

Freedom of association and the right to collective bargaining were generally respected. Collective bargaining was widespread in establishments in the private sector. Worker organizations were independent of the government and political parties. In the view of expert NGOs working in this field, the government usually effectively enforced applicable laws and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits “slave labor,” defined as “reducing someone to a condition analogous to slavery,” including subjecting someone to forced labor, debt bondage, exhausting work hours, and labor performed in degrading working conditions.

Many individuals in slave labor, as defined by the country’s law, were victims of human trafficking for the purpose of labor exploitation. The government took actions to enforce the law, although forced labor occurred in a number of states. Violations of forced labor laws are punishable by up to eight years in prison, but this was often not sufficient to deter violations. The law also provides penalties for various crimes related to forced labor, such as illegal recruiting or transporting workers or imposing onerous debt burdens as a condition of employment. Every six months the Ministry of Economy publishes a “dirty list” of companies found to have employed forced labor. In April the updated list included 41 new companies and owners from a range of sectors such as coffee, mining, and fishing boats. The list is used by public and private banks to conduct risk assessments, and inclusion on the list prevents companies from receiving loans from state-owned financial institutions. The Labor Prosecutor’s Office, in partnership with the International Labor Organization (ILO), maintained an online platform that identified hotspots for forced labor. In July the Labor Prosecutor’s Office announced it would start publishing a separate list of individuals and corporate entities convicted of trafficking in persons and slave labor.

The Ministry of Economy’s Mobile Labor Inspection Unit teams conducted impromptu inspections of properties where forced labor was suspected or reported, using teams composed of labor inspectors, labor prosecutors from the Federal Labor Prosecutor’s Office, and Federal Police officers. Mobile teams levied fines on landowners who used forced labor and required employers to provide back pay and benefits to workers before returning the workers to their municipalities of origin. Labor inspectors and prosecutors, however, could apply only civil penalties; consequently, many cases were not criminally prosecuted.

Forced labor, including forced child labor, was reported in jobs such as clearing forests to provide cattle pastureland, logging, producing charcoal, raising livestock, and other agricultural activities. Forced labor often involved young men drawn from the less-developed northeastern states–Maranhao, Piaui, Tocantins, and Ceara–and the central state of Goias to work in the northern and central-western regions of the country. In addition there were reports of forced labor in the construction industry. News outlets reported cases that amounted to forced labor in production of carnauba wax. Cases of forced labor were also reported in the garment industry in the city of Sao Paulo; the victims were often from neighboring countries, particularly Bolivia, Peru, and Paraguay, while others came from Haiti, South Korea, and China.

Media also reported cases of forced labor of domestic workers in wealthy urban households. In June authorities discovered a 61-year-old woman working as a domestic servant under forced labor conditions for a wealthy family in a rich Sao Paulo neighborhood. According to media reports, she had worked without the proper salary, and at times for no salary, for the family since 1998. After several media outlets reported the female employer was an Avon executive, the cosmetic company fired her and posted on social media that they would provide housing for the victim, who would also receive unemployment insurance from the government. The accused couple was arrested and then released on bail. All of their bank accounts and assets were frozen.

In 2019 authorities conducted 45 labor inspections and identified 1,054 victims of slave labor, including 20 child victims of slave labor, compared with 44 labor inspections, and the identification of 1,745 victims of slave labor, including 28 child victims of slave labor in 2018. Officials issued administrative penalties to 106 employers guilty of slave labor, compared with 100 employers in 2018. Between January and June, labor inspectors in the state of Ceara received 26 complaints involving child labor, a 62-percent increase from the same period in 2019. In the view of expert NGOs working in this field, penalties for slave labor were not commensurate with those for other analogous serious crimes, such as kidnapping.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. Prohibitions against child sex trafficking require the use of threats, violence, coercion, fraud, or abuse, which does not meet international standards. The minimum working age is 16, but apprenticeships may begin at age 14. The law bars all minors younger than 18 from work that constitutes a physical strain or occurs in unhealthy, dangerous, or morally harmful conditions. Hazardous work includes an extensive list of activities within 13 occupational categories, including domestic service, garbage scavenging, and fertilizer production. The law requires parental permission for minors to work as apprentices.

On June 28, a superior court decided that the years worked in child labor in rural areas would be counted towards the minimum needed to receive retirement benefits. The court highlighted that although child labor is illegal, it would be unfair to not count the years worked in such harmful conditions.

The Ministry of Economy’s Special Mobile Inspection Group is responsible for inspecting worksites to enforce child labor laws. Penalties were insufficient to deter violations. Most inspections of children in the workplace were driven by complaints brought by workers, teachers, unions, NGOs, and media. Due to legal restrictions, labor inspectors remained unable to enter private homes and farms, where much of the child labor allegedly occurred. The government did not always effectively enforce the law. In the view of expert NGOs working in this field, penalties for slave labor were not commensurate with those for other analogous serious crimes, such as kidnapping. Between March and May, when most states were under mandatory social distancing measures, labor inspectors uncovered 63 cases of child labor, compared with 176 during the same period in 2019. On June 3, labor authorities used hip-hop music to raise awareness about child labor during a national campaign to address the concern that the COVID-19 pandemic and economic consequences could push more adolescents into exploitative work situations. Rappers Emicida and Drik Barbosa performed the campaign’s theme song, which was shared in a weekly podcast and in 12 social media videos about child slavery.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination on the basis of race, sex, gender, disability, religion, political opinion, natural origin or citizenship, age, language, and sexual orientation or gender identity. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. Discrimination against individuals who are HIV positive or suffer from other communicable diseases is also prohibited. The government generally enforced the laws and regulations, although discrimination in employment occurred with respect to Afro-Brazilians, women, persons with disabilities, indigenous persons, and transgender individuals. The Ministry of Economy implemented rules to integrate promotion of racial equality in its programs, including requiring race be included in data for programs financed by the ministry. According to the ILO, women not only earned less than men but also had difficulties entering the workplace: 78 percent of men held paid jobs, compared with 56 percent of women. Although the law prohibits gender discrimination in pay, professional training, working hours, occupations, tasks, and career advancement, according to NGO representatives, the law was rarely enforced, and discrimination existed.

e. Acceptable Conditions of Work

The law provides for a minimum wage. The minimum wage was greater than the official poverty income level. According to the Brazilian Institute of Geography and Statistics, however, in 2018 the per capita income of approximately 60 percent of workers was below the minimum wage. The Ministry of Economy verified enforcement of minimum wage laws as part of regular labor inspections. Penalties alone were not sufficient to deter violations.

The law limits the workweek to 44 hours and specifies a weekly rest period of 24 consecutive hours, preferably on Sundays. The law also provides for paid annual vacation, prohibits excessive compulsory overtime, limits overtime to two hours per workday, and stipulates that hours worked above the monthly limit must be compensated with at least time-and-a-half pay; these provisions generally were enforced for all groups of workers in the formal sector. The constitution also provides for the right of domestic employees to work a maximum of eight hours of per day and 44 hours per week, a minimum wage, a lunch break, social security, and severance pay.

The Ministry of Economy sets occupational, health, and safety standards that are consistent with internationally recognized norms, although unsafe working conditions were prevalent throughout the country, especially in construction. The law requires employers to establish internal committees for accident prevention in workplaces. It also provides for the protection of employees from being fired for their committee activities. Workers could remove themselves from situations that endangered their health or safety without jeopardy to their employment, although those in forced labor situations without access to transportation were particularly vulnerable to situations that endangered their health and safety. In the view of expert NGOs working in this field, officials enforced occupational safety and health (OSH) laws. Penalties for violations of OSH laws were commensurate with those for crimes, such as negligence. Inspectors have the authority to make unannounced inspections and initiate sanctions.

The Ministry of Economy addressed problems related to acceptable conditions of work such as long workdays and unsafe or unhygienic work conditions. Penalties for violations include fines that vary widely depending on the nature of the violation. Fines were generally enforced and were sometimes sufficient to deter violations. The National Labor Inspection School held various virtual training sessions for labor inspectors throughout the year. The number of labor inspectors was insufficient to deter violations.

China (Includes Hong Kong, Macau, and Tibet)

Read A Section: China

Hong Kong | Macau | Tibet

EXECUTIVE SUMMARY

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

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

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

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

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

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

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

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

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

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

b. Disappearance

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Prison and Detention Center Conditions

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

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

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

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

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

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

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

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

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

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

d. Arbitrary Arrest or Detention

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

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

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

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

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

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

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

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

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

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

Arrest Procedures and Treatment of Detainees

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

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

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

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

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

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

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

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

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

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

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

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

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

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

e. Denial of Fair Public Trial

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

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

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

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

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

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

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

Trial Procedures

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Political Prisoners and Detainees

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

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

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

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

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

Politically Motivated Reprisal against Individuals Located Outside the Country

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

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

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

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

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

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

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

Civil Judicial Procedures and Remedies

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Internet Freedom

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Academic Freedom and Cultural Events

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

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

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

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

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

Freedom of Association

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

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

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

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

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

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

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

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

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

c. Freedom of Religion

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

d. Freedom of Movement

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

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

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

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

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

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

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

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

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

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

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

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

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

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

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

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

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

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

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

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

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

g. Stateless Persons

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

Section 3. Freedom to Participate in the Political Process

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

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

Elections and Political Participation

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

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

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

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

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

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

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

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

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

Section 4. Corruption and Lack of Transparency in Government

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

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

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

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

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

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

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

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

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

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

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

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

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

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

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

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

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

Institutionalized Children: See “Displaced Children” section above.

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

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

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

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

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

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

Members of National/Racial/Ethnic Minority Groups

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For specific information on Tibet, see the Tibet Annex.

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

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

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

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

HIV and AIDS Social Stigma

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

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

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

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

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

Promotion of Acts of Discrimination

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

Hong Kong

Read A Section: Hong Kong

China | Macau | Tibet

EXECUTIVE SUMMARY

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

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

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

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

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

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

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

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

b. Disappearance

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

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

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

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

Prison and Detention Center Conditions

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

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

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

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

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

d. Arbitrary Arrest or Detention

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

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

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

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

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

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

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

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

Arrest Procedures and Treatment of Detainees

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

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

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

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

e. Denial of Fair Public Trial

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

Trial Procedures

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

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

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

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

Political Prisoners and Detainees

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

Politically Motivated Reprisal against Individuals Located Outside the Country

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

Civil Judicial Procedures and Remedies

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

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

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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

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

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

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

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

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

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

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

Internet Freedom

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

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

Academic Freedom and Cultural Events

There were some restrictions on academic freedom and cultural events.

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

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

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

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

b. Freedoms of Peaceful Assembly and Association

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

Freedom of Peaceful Assembly

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

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

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

Freedom of Association

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

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

c. Freedom of Religion

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

d. Freedom of Movement

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

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

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

f. Protection of Refugees

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

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

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

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

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

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

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

Section 3. Freedom to Participate in the Political Process

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

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

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

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

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

Elections and Political Participation

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

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

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

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

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

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

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

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

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

Section 4. Corruption and Lack of Transparency in Government

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

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

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

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

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

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

Women

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

Members of National/Racial/Ethnic Minority Groups

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

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

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

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

b. Prohibition of Forced or Compulsory Labor

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

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

d. Discrimination with Respect to Employment and Occupation

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

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

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

e. Acceptable Conditions of Work

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

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

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

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

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

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India

Executive Summary

India is a multiparty, federal, parliamentary democracy with a bicameral legislature. The president, elected by an electoral college composed of the state assemblies and parliament, is the head of state, and the prime minister is the head of government. Under the constitution, the country’s 28 states and eight union territories have a high degree of autonomy and have primary responsibility for law and order. Electors chose President Ram Nath Kovind in 2017 to serve a five-year term, and Narendra Modi became prime minister for the second time following the victory of the National Democratic Alliance coalition led by the Bharatiya Janata Party in the 2019 general election. Observers considered the parliamentary elections, which included more than 600 million voters, to be free and fair, although there were reports of isolated instances of violence.

The states and union territories have primary responsibility for maintaining law and order, with policy oversight from the central government. Police are under state jurisdiction. The Ministry of Home Affairs controls most paramilitary forces, the internal intelligence bureaus and national law enforcement agencies, and provides training for senior officials from state police forces. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful and arbitrary killings, including extrajudicial killings perpetrated by police; torture and cases of cruel, inhuman, or degrading treatment or punishment by some police and prison officials; arbitrary arrest and detention by government authorities; harsh and life-threatening prison conditions; political prisoners or detainees in certain states; restrictions on freedom of expression and the press, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, use of criminal libel laws to prosecute social media speech, censorship, and site blocking; overly restrictive rules on nongovernmental organizations; restrictions on political participation; widespread corruption at all levels in the government; lack of investigation of and accountability for violence against women; tolerance of violations of religious freedom; crimes involving violence and discrimination targeting members of minority groups including women based on religious affiliation or social status ; and forced and compulsory child labor, as well as bonded labor.

Despite government efforts to address abuses, a lack of accountability for official misconduct persisted at all levels of government, contributing to widespread impunity. Investigations and prosecutions of individual cases took place, but lax enforcement, a shortage of trained police officers, and an overburdened and underresourced court system contributed to a low number of convictions.

Separatist insurgents and terrorists in the Union Territory of Jammu and Kashmir, the Northeast, and Maoist-affected areas committed serious abuses, including killings and torture of armed forces personnel, police, government officials, and civilians, and recruitment and use of child soldiers.

The government continued taking steps to restore normalcy in Jammu and Kashmir by gradually lifting some security and communications restrictions. The government released most political activists from detention. In January the government partially restored internet access; however, high-speed 4G mobile internet remained restricted in most parts of Jammu and Kashmir. The government began a process to redraw electoral constituencies but did not announce a timeline for local assembly elections. Local district development council elections took place in December in which a coalition of Kashmiri opposition parties won the majority of seats.

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

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

There were reports that the government or its agents committed arbitrary or unlawful killings, including extrajudicial killings of suspected criminals and insurgents.

Military courts are primarily responsible for investigating killings by security forces and paramilitary forces.

Reports of custodial death cases, in which prisoners or detainees were killed or died in police and judicial custody, continued. In June the National Campaign against Torture reported the deaths of 125 persons in police custody in 2019. The report stated 74 percent of the deaths were due to alleged torture or foul play, while 19 percent occurred under suspicious circumstances. Of the 125 deaths in police custody, Uttar Pradesh reported the highest number at 14, followed by Tamil Nadu and Punjab with 11 deaths each. The 125 deaths in police custody documented by the National Campaign against Torture in 2019 included 13 victims from Dalit and tribal communities and 15 Muslims.

On June 23, Ponraj Jeyaraj and his son, Beniks Jeyaraj, died while in police custody in Tamil Nadu. The two men were arrested for violating COVID-19 regulations by keeping their shop open after lockdown hours. Police beat them while in custody, and they subsequently died from their injuries while in a medical facility for prisoners. State law enforcement officials arrested 10 officers involved in the detention. The Tamil Nadu state government announced it would provide two million rupees ($27,000) in financial compensation to the victims’ family. The case remained under investigation by the Central Bureau of Investigation (CBI) and the state government’s human rights commission. Nongovernmental organizations (NGOs such as Amnesty International India (AII) and Human Rights Watch (HRW) condemned the high numbers of custodial deaths in Tamil Nadu, the second highest number in the country according to data from the National Crime Records Bureau (NCRB), and have called for accountability and investigation into these cases.

In August the NCRB released the Prison Statistics of India (PSI) 2019 report, which documented 1,775 inmate deaths under judicial custody in 2019.

During the COVID-19 national lockdown from March 25 to April 30, Commonwealth Human Rights Initiative (CHRI) compiled a list of 15 fatalities that included deaths from excessive police action such as canings and beatings.

Killings by government and nongovernment forces, including insurgents and terrorists, were reported in Jammu and Kashmir, northeastern states, and Maoist-affected areas of the country (see section 1.g.). The South Asia Terrorism Portal (SATP) reported the deaths of 63 civilians, 89 security force members, and 284 insurgents countrywide as a result of terrorism or insurgency attacks. The Jammu and Kashmir Coalition of Civil Society (JKCCS) reported 229 killings in 107 incidents in the first six months of the year. JKCCS also reported 32 extrajudicial killings in the first half of the year in Jammu and Kashmir.

Formal charges have yet to be filed in the 2018 killing of Rising Kashmir editor in chief Shujaat Bukhari and his two police bodyguards. A police investigation alleged that terrorists belonging to Lashkar-e-Tayyiba targeted Bukhari in retaliation for his support of a government-backed peace effort. While a police special investigation team arrested three persons in 2019 “for their alleged role in arranging the logistics,” the perpetrators were still at large, and the case remained open.

In 2019 the CBI filed charges against 10 Manipur police personnel for their alleged involvement in the death of a criminal suspect in 2009. In June the CBI filed charges in 14 additional cases but closed the investigation in seven cases. Families of the victims challenged the dismissal in five of the closed cases.

On July 29, the National Human Rights Commission (NHRC) directed the Telangana government to pay 500,000 rupees ($6,800) as compensation to the families of five Muslims killed by police forces in 2015 after facing accusations of various terrorism charges. The order followed the failure of the state government to comply with a 2018 directive to provide compensation to families of the victims.

Under the Armed Forces Special Powers Act (AFSPA), the central government may designate a state or union territory as a “disturbed area,” authorizing security forces in the state to use deadly force to “maintain law and order” and to arrest any person “against whom reasonable suspicion exists” without informing the detainee of the grounds for arrest. The law also provides security forces immunity from civilian prosecution for acts committed in regions under the AFSPA. In 2016 the Supreme Court stated that every death caused by the armed forces in a disturbed area, whether of a civilian or a terrorist suspect, should be investigated.

The AFSPA remained in effect in Nagaland, parts of Arunachal Pradesh, Manipur, and Assam, and a version of the law was in effect in Jammu and Kashmir. The AFSPA was renewed through January 2021 in Nagaland, which had been under the AFSPA for nearly six decades. Human rights organizations asserted the law is in violation of Article 21 of the constitution and continued to call for its repeal, citing numerous alleged human rights violations.

Nongovernmental forces, including organized insurgents and terrorists, committed numerous killings. Maoists in Jharkhand and Bihar continued to attack security forces and infrastructure facilities, including roads, railways, and communication towers. The SATP reported terrorist attacks resulted in the death of 99 civilians, 106 security force members, and 383 terrorists or insurgents during the year; this was the lowest numbers of civilians killed since the SATP began reporting this data in 2000. As of July terrorists killed six political party leaders in Jammu and Kashmir.

b. Disappearance

There were allegations police failed to file required arrest reports for detained persons, resulting in hundreds of unresolved disappearances. Police and government officials denied these claims. The central government reported state government screening committees informed families about the status of detainees. There were reports, however, that prison guards sometimes required bribes from families to confirm the detention of their relatives.

Disappearances attributed to government forces, paramilitary forces, and insurgents occurred in areas of conflict during the year (see section 1.g.).

In February the UN Working Group on Enforced or Involuntary Disappearances identified seven cases under its standard procedures concerning individuals who were arrested, detained, or otherwise deprived of rights. The Working Group had not received permission to visit the country since it first submitted a request to the government in 2010.

There were allegations of enforced disappearance by the Jammu and Kashmir police. Although authorities denied these charges and claimed no enforced disappearances had occurred since 2015, the International Federation for Human Rights reported that cases of enforced disappearances continued through 2019. The Jammu and Kashmir State Human Rights Commission ordered an investigation of enforced disappearances in 2018.

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

The law prohibits torture, but there were reports that police forces allegedly employed such practices.

Police beatings of prisoners resulted in custodial deaths (see section 1.a.).

In August 2019 CHRI’s Inside Haryana Prisons publication reported more than 47 percent of inmates were victims of torture and inhuman treatment during police remand.

On August 28, AII alleged that members of the Delhi police committed human rights violations during February riots in Delhi. The report documented complicity with violence, torture of arrested protesters while in custody, and excessive use of force. The report alleged Delhi police were negligent in their duty to protect citizens and did not respond to repeated requests for assistance.

On July 7, the state government of Gujarat suspended six police officials in Vadodara charged with torturing and killing 62-year-old Babu Shaikh while in police custody and destroying evidence of the crime. Shaikh was reported missing after being taken into police custody in December 2019.

The law does not permit authorities to admit coerced confessions into evidence, but NGOs and citizens alleged authorities used torture to coerce confessions. Authorities allegedly also used torture as a means to extort money or as summary punishment.

There were reports of abuse in prisons at the hands of guards and inmates, as well as reports that police raped female and male detainees.

In July the state Crime Branch in Odisha dismissed and subsequently arrested the inspector in charge of the Biramitrapur police station for the gang rape of a minor girl inside the police station. Five other persons were under investigation in connection with the crime.

The government authorized the NHRC to investigate rape cases involving police officers. By law the NHRC may also request information about cases involving the army and paramilitary forces, but it has no mandate to investigate those cases. NGOs claimed NHRC statistics undercounted the number of rapes committed in police custody. Some rape victims were unwilling to report crimes due to social stigma and fear of retribution if the perpetrator was a police officer or official. There were reports police officials refused to register rape cases.

In March a Delhi court sentenced Uttar Pradesh state lawmaker Kuldeep Sengar to life imprisonment for culpable homicide and criminal conspiracy in the death of a rape victim’s father and ordered him to pay 2.5 million rupees ($35,000) in compensation. Sengar’s brother allegedly tortured the victim’s father after she came forward with a rape allegation against him in 2017, and the victim’s father died in police custody. In 2019 the victim was critically injured in a head-on road collision, which the victim’s family alleged Sengar orchestrated to kill her. In 2019 the Supreme Court directed the state government to pay compensation to the victim and transferred all related litigation to courts in Delhi.

There were reports of security forces acting with impunity although members were also held accountable for illegal actions. In December the Indian Army indicted an officer and two others of extrajudicial killings in Jammu and Kashmir. Also, Jammu and Kashmir Police filed local charges against the accused. Additionally, the National Human Rights Commission (NHRC) may request information about cases involving the army and paramilitary forces.

Prison and Detention Center Conditions

Prison conditions were frequently life threatening, most notably due to inadequate sanitary conditions, lack of medical care, and extreme overcrowding.

Physical Conditions: Prisons were often severely overcrowded, and food, medical care, sanitation, and environmental conditions frequently were inadequate. Potable water was not universally available. Prisons and detention centers remained underfunded and understaffed, and lacked sufficient infrastructure. Prisoners were sometimes physically mistreated.

According to the PSI 2019 report released in August, there were 1,350 prisons in the country with a total authorized capacity of 403,739 persons. The actual incarcerated population was 478,600. Persons awaiting trial accounted for approximately 70 percent of the prison population. The law requires detention of juveniles in rehabilitative facilities, although at times authorities detained juveniles in adult prisons, especially in rural areas. Authorities often held pretrial detainees with convicted prisoners. The NCRB’s PSI 2019 report acknowledged overcrowding as “one of the biggest problems faced by prison inmates.” Prisons in Uttar Pradesh reported the highest overcrowding in the country with an occupancy rate of 168 percent, followed by Uttarakhand at 159 percent, and Meghalaya at 157 percent.

In official documents presented to the Karnataka High Court on February 27, the Karnataka government reported 4,916 prisoners diagnosed with mental health conditions and 237 diagnosed with severe mental disorders such as schizophrenia and bipolar disorder. The court ordered the government to submit reports on mental health treatment provided to prisoners.

Since 2009, 30 persons had died at various immigration detention centers in Assam. A 2019 report by the Assam state assembly noted that ethnic minorities constituted a majority of these deaths: 26 were Bengali speakers, while two each belonged to the Adivasi and Koch-Rajbongshi communities.

On March 23, during the national COVID-19 lockdown, the Supreme Court ordered states and union territories to release certain prisoners on parole or interim bail. The state governments of Goa, Chhatisgarh, Madhya Pradesh, Gujarat, and Maharashtra separately ordered prison systems to parole or furlough inmates to reduce prison overcrowding.

Administration: Authorities permitted prisoners to register complaints with state and national human rights commissions, but the authority of the commissions extended only to recommending that authorities redress grievances. Government officials reportedly often failed to comply with a Supreme Court order instructing the central government and local authorities to conduct regular checks on police stations to monitor custodial violence.

Authorities permitted visitors limited access to prisoners, although some family members claimed authorities denied access to relatives, particularly in restive areas, including Jammu and Kashmir.

Independent Monitoring: The NHRC received and investigated prisoner complaints of human rights violations throughout the year, but civil society representatives believed few prisoners filed complaints due to fear of retribution from prison guards or officials.

In many states the NHRC made unannounced visits to monitor state prisons, including training workshops and seminars for officials, but NHRC jurisdiction does not extend to military detention centers. An NHRC special rapporteur visited state prisons to verify that authorities provided medical care to all inmates. The rapporteur visited prisons on a regular basis throughout the year but did not release a report to the public or the press.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but both occurred during the year. Police also used special security laws to postpone judicial reviews of arrests. Pretrial detention was arbitrary and lengthy, sometimes exceeding the duration of the sentence given to those convicted.

According to human rights NGOs, police used torture, mistreatment, and arbitrary detention to obtain forced or false confessions. In some cases police reportedly held suspects without registering their arrests and denied detainees sufficient food and water.

Following the central government’s August 2019 abrogation of a special constitutional provision that provided autonomous status for Jammu and Kashmir, authorities used a public safety law to detain local politicians without trial. Most detainees were released during the year. Media reports indicated those released were required to sign bonds agreeing not to engage in political activity.

In December 2019 Mohammed Faisal, a member of the National Confederation of Human Rights Organizations, was assaulted by Uttar Pradesh police and spent 14 days in jail. The Muslim lawyer attended protests against the Citizenship Amendment Act (CAA) to offer emergency legal and other support services. NGO activists in Uttar Pradesh alleged instances of persecution of human rights lawyers for defending their clients and challenging unlawful conduct.

Arrest Procedures and Treatment of Detainees

In cases other than those involving security risks, terrorism, or insurgency, police may detain an individual without charge for up to 30 days, although an arrested person must be brought before a judge within 24 hours of arrest. Lengthy arbitrary detention remained a significant problem due to overburdened and underresourced court systems and a lack of legal safeguards.

Arraignment of detainees must occur within 24 hours unless authorities hold the suspect under a preventive detention law. The law allows police to summon individuals for questioning, but it does not grant police prearrest investigative detention authority. There were incidents in which authorities allegedly detained suspects beyond legal limits. By law authorities must allow family member access to detainees, but this was not always observed.

Due to delays in completion of repatriation procedures, foreign nationals often remained incarcerated beyond the expiration of their sentences. The PSI 2019 revealed there were 765 prisoners belonging to the “other” category. According to experts these were most likely prisoners who completed their sentence but were yet to be released. This included approximately 250 Rohingya arrested for illegal entry, of whom 150 had reportedly completed their sentences. The government reportedly impeded access of the Office of the UN High Commissioner for Refugees (UNHCR) to these individuals, which prevented adjudication of their asylum claims. Right-to-information requests from 26 states indicated there were approximately 3,900 foreign nationals in prisons across the country. Of these, 1,647 were undergoing trials, 1,377 were convicts, and 871 were awaiting repatriation.

In August, Monu died after allegedly being tortured in police custody in Uttar Pradesh’s Rae Bareli district. Media reports said he was detained along with four others for theft of a motorcycle. The district police chief (DPC) admitted that Monu was illegally detained for more than two days without being produced before a magistrate. The DPC subsequently suspended the head of the police station.

The law requires every arrested person to be produced before a judicial magistrate within 24 hours of arrest. Other than in Jammu and Kashmir, the National Security Act allows police to detain persons considered security risks without charge or trial for as long as one year. The law allows family members and lawyers to visit national security detainees and requires authorities to inform a detainee of the grounds for detention within five days, or 10 to 15 days in exceptional circumstances. Nonetheless, rights activists noted provisions allowing detainees to meet family or lawyers were not followed in practice, especially in the states of Odisha, Manipur, Andhra Pradesh, and Maharashtra.

The Public Safety Act (PSA), which applies only in Jammu and Kashmir, permits authorities to detain persons without charge or judicial review for up to two years without visitation from family members. After extending her detention by three months during the year, authorities released former chief minister of Jammu and Kashmir Mehbooba Mufti, who had been detained under the PSA. According to the JKCCS, 662 individuals were arrested under the PSA in 2019, of whom 412 remained under detention as of August. The government released most political activists from detention, although several Kashmiri politicians were reportedly detained in the period prior to the district development council elections in December.

Authorities in Jammu and Kashmir allowed detainees access to a lawyer during interrogation, but human rights groups documented that police routinely employed arbitrary detention and denied detainees further access to lawyers and medical attention.

Authorities must promptly inform persons detained on criminal charges of the charges against them and of their right to legal counsel. By law a magistrate may authorize the detention of an accused person for a period of no more than 90 days prior to filing charges. Under standard criminal procedure, authorities must release the accused on bail after 90 days if charges are not filed. NCRB data released in January showed most individuals awaiting trial spent more than three months in jail before they could secure bail, and more than 63 percent spent between three months and five years before being released on bail.

The law also permits authorities to hold a detainee in judicial custody without charge for up to 180 days (including the 30 days in police custody). The Unlawful Activities Prevention Act (UAPA), which gives authorities the ability to detain persons for up to 180 days without charge in cases related to insurgency or terrorism, makes no bail provisions for foreign nationals, and allows courts to deny bail in the case of detained citizens. The UAPA presumes the accused to be guilty if the prosecution can produce evidence of the possession of firearms or explosives or the presence of fingerprints at a crime scene, regardless of whether authorities demonstrate criminal intent. State governments also reportedly held persons without bail for extended periods before filing formal charges under the UAPA. The 2018 PSI report released in January revealed that 5,102 UAPA cases were pending investigation and trial.

In August 2019 parliament passed an amendment to the UAPA that allows the government to designate individuals as terrorists and provides new authorities to the National Investigation Agency (NIA) to seize properties acquired from proceeds of terrorism. According to the Center for Law and Policy Research, the number of cases filed under the UAPA rose from 976 cases in 2014 to 1,182 cases in 2018. States and union territories with insurgent activity, including Manipur and Jammu and Kashmir, also saw an increase in the application of the UAPA. On April 10, authorities arrested pregnant student leader Safoora Zargar under the UAPA for allegedly conspiring to incite the Delhi riots. The Delhi High Court released her on June 23 after the central government did not object to her release. On September 13, former Jawaharlal Nehru University (JNU) student leader Umar Khalid was arrested under the UAPA for making a speech during anti-CAA protests.

The CAA along with a plan to implement a nationwide counting of residents (the National Population Register) triggered widespread protests in several parts of the country in December 2019 and January, especially because of rumors of the government’s interest to subsequently conduct a National Register of Citizens nationwide to count citizens, similar to the process in Assam. According to media reports, student-led protests occurred in at least 29 major universities and colleges. The government undertook a large security response, including at three major universities: Jamia Millia Islamia, Aligarh Muslim University, and JNU.

In December 2019 police forcefully entered the Jamia Millia Islamia campus and beat protesters, including students and teachers. They also used tear gas and rubber bullets. On January 5, masked individuals beat teachers and students in JNU. Civil society activists stated that legitimate and peaceful protests were being portrayed as terrorist activities. Activists also alleged Delhi police selectively pursued cases against Muslims and anti-CAA protesters in the months after the riots.

Arbitrary Arrest: The law prohibits arbitrary arrest or detention, but in some cases police reportedly continued to arrest citizens arbitrarily. There were reports of police detaining individuals for custodial interrogation without identifying themselves or providing arrest warrants.

Pretrial Detention: NCRB data reported 330,487 prisoners were awaiting trial at the end of 2019, comprising 69 percent of the country’s prison population. Media reported the high numbers of pretrial detainees contributed to prison overcrowding.

The government continued efforts to reduce lengthy detentions and alleviate prison overcrowding by using “fast track” courts, which specified trial deadlines, provided directions for case management, and encouraged the use of bail. In December 2019 the Ministry of Law and Justice released the Scheme on Fast Track Special Courts for Expeditious Disposal of Cases of Rape and Protection of Children against Sexual Offences (POCSO) Act. The act aims to set up 1,023 fast track courts across the country to dispose of the 166,882 rape and POSCO Act cases that were pending trial in various courts. Some NGOs criticized these courts for failing to uphold due process and requiring detainees unable to afford bail to remain in detention.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence, but the judicial system was plagued by delays, capacity challenges, and corruption.

The judicial system remained seriously overburdened and lacked modern case management systems, often delaying or denying justice. According to Department of Justice statistics released in September, there were 398 judicial vacancies in the 1,079 judicial positions on the country’s 25 high courts.

In April, Mohammed Yasin Malik, leader of the proindependence Jammu and Kashmir Liberation Front (JKLF), was arrested and charged with murder in the death of four Air Force officials in 1990. Malik was denied the right to be physically present in court. Human rights groups in Kashmir, including the JKCCS, expressed concern regarding whether Malik was receiving a fair trial.

In March 2019 the Ministry of Home Affairs declared the JKLF an unlawful organization for five years under the UAPA. A ministry statement accused Malik and the JKLF of participating in the “genocide” of Kashmiri Hindu Pandits in 1989, as well as the murder of air force personnel, kidnappings, and funding terrorism. Malik and the JKLF were involved in violence in the early 1990s until Malik renounced violent separatism in 1994 and declared a ceasefire.

Trial Procedures

The law provides for the right to a fair and public trial, except in proceedings that involve official secrets or state security. Defendants enjoy the presumption of innocence, except as described under UAPA conditions, and may choose their counsel. The constitution specifies the state should provide free legal counsel to defendants who cannot afford it to ensure that opportunities for securing justice are not denied to any citizen, but circumstances often limited access to competent counsel. An overburdened justice system resulted in lengthy delays in court cases, with disposition sometimes taking more than a decade.

There were reported cases in which police denied suspects the right to meet with legal counsel as well as cases in which police unlawfully monitored suspects’ conversations and violated their confidentiality rights.

While defendants have the right to confront accusers and present their own witnesses and evidence, defendants sometimes did not exercise this right due to lack of proper legal representation. Defendants have the right not to testify or confess guilt. Courts must announce sentences publicly, and there are effective channels for appeal at most levels of the judicial system.

Political Prisoners and Detainees

There were reports of political prisoners and detainees. NGOs reported the central government held political prisoners and temporarily detained individuals in Jammu and Kashmir under the PSA. On September 15, the Ministry of Home Affairs informed parliament that 223 political leaders from Jammu and Kashmir, who had been detained after August 2019, remained in detention but added “no person is under house arrest.”

Civil Judicial Procedures and Remedies

Individuals, or NGOs on behalf of individuals or groups, may file public-interest litigation petitions in any high court or directly to the Supreme Court to seek judicial redress of public injury. Grievances may include a breach of public duty by a government agent or a violation of a constitutional provision. NGOs credited public-interest litigation petitions with making government officials accountable to civil society organizations in cases involving allegations of corruption and partiality.

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

While the constitution does not contain an explicit right to privacy, the Supreme Court ruled in 2017 that privacy is a “fundamental right.”

The law, with some exceptions, prohibits arbitrary interference. The government generally respected this provision, although at times authorities infringed upon the privacy rights of citizens. The law requires police to obtain warrants to conduct searches and seizures, except for cases in which such actions would cause undue delay. Police must justify warrantless searches in writing to the nearest magistrate with jurisdiction over the offense.

Both the central and state governments intercepted communications under legal authority. A Group of Experts on Privacy convened in 2018 by the central government under Justice Srikrishna noted the country lacked a comprehensive consumer data-protection framework to “protect individuals against such harm.”

In addition the UAPA also allows use of evidence obtained from intercepted communications in terrorist cases. In Jammu and Kashmir, Punjab, and Manipur, security officials have special authorities to search and arrest without a warrant.

g. Abuses in Internal Conflict

The country’s armed forces, the security forces of individual states, and paramilitary forces engaged with insurgent groups in several northeastern states, and with Maoist insurgents in the northern, central, and eastern parts of the country. The intensity of these conflicts continued to decline. The army and security forces remained stationed in conflict areas in the Northeast, Jharkhand, and Bihar. The armed forces and police also engaged with separatist insurgents and terrorist groups in Jammu and Kashmir.

The use of force by all parties resulted in deaths and injuries to both conflict participants and civilians. There were reports government security forces committed extrajudicial killings, including staging encounter killings. Human rights groups claimed police refused to release bodies in cases of alleged “encounters.” Authorities did not require the armed forces to report custodial deaths to the NHRC.

There were few investigations and prosecutions of human rights violations or abuses arising from internal conflicts. Authorities arrested and tried insurgents under terrorism-related legislation.

On August 14, HRW called for an impartial investigation into the July 18 killing of three men by security forces in Jammu and Kashmir. The army claimed the men were militants killed in retaliatory gunfire in Shopian District. The family members identified the bodies from photographs circulated on social media and claimed they were laborers. The army instituted a court of inquiry into the killings, and on September 18, army officials stated the troops “exceeded powers vested under AFSPA.” The army initiated disciplinary proceedings against those involved in the incident.

Killings: Various domestic and international human rights organizations continued to express serious concern at the use of pellet guns by security forces for crowd-control purposes in Jammu and Kashmir. In March the Jammu and Kashmir High Court dismissed the public interest litigation petition seeking a ban on the use of pellet guns on protesters, asserting that police have the right to administer force in self-defense when facing violent protests. Ministry of Home Affairs data and Srinagar hospital records showed that at least 18 individuals died from pellet gun injuries between July 2016 and February 2019.

In Maoist-affected areas, there were reports of abuses by insurgents and security forces. On March 21, more than 250 Maoist (Naxal) insurgents ambushed security personnel, killing 17 and injuring at least 14 police and security personnel in the state of Chhattisgarh.

On July 29, armed militants in Manipur killed three soldiers and injured at least six of the Assam Rifles, a counterinsurgency unit. The ambush happened near the border with Burma as soldiers came under attack while returning to their bases. The Manipur Naga People’s Front, the Revolutionary People’s Front, and the United Liberation Front of Asom-Independent jointly claimed responsibility for the attack.

Abductions: Human rights groups maintained that paramilitary and insurgent forces abducted persons in Manipur, Jharkhand, Jammu and Kashmir, and Maoist-affected areas.

On January 22, supporters of the Pathalgadi movement, which promotes a tribal custom of stone plaques with inscriptions asserting community rights and prohibiting entry of outsiders, reportedly kidnapped seven villagers and later killed them in Jharkhand. According to police, the villagers were abducted and killed because they opposed the Pathalgadi movement.

Physical Abuse, Punishment, and Torture: There were reports government security forces tortured, raped, and mistreated insurgents and alleged terrorists in custody and injured demonstrators. Human rights activists alleged some prisoners were tortured or killed during detention.

A May 2019 report by the JKCCS and the Association of Parents of Disappeared Persons alleged that police, military, and paramilitary forces in Jammu and Kashmir used torture against civilians and opposition over the past four decades. The report documented 432 testimonies from individuals who claimed to have been tortured. There were continued allegations of physical abuse and torture following the government’s enhanced security measures in Jammu and Kashmir after the August 2019 move to abrogate Article 370 of the constitution.

On August 30, there were violent clashes between security personnel and Shia Muslim marchers in Jammu and Kashmir during Muharram processions. Approximately 200 to 250 individuals and 30 to 40 police personnel were injured, according to several media reports.

Child Soldiers: No information was available on how many persons younger than 18 were serving in the armed forces.

Insurgent groups reportedly used children to attack government entities. In June the annual UN Children and Armed Conflict report outlined allegations that at least five children were recruited by, and joined, militant groups in Jammu and Kashmir, and at least two of these children were killed in encounters with security forces. NGOs estimated at least 2,500 children were associated with insurgent armed groups in Maoist-affected areas as well as insurgent groups in Jammu and Kashmir.

The UN report also found that children continued to be affected by violence between armed groups and the government, particularly in Chhattisgarh, Jharkhand, and Jammu and Kashmir. It noted security force operations, terrorist activity, or shelling across the line of control resulted in the killing of eight and maiming of seven children. The report, which covered 2019, noted police forces rescued 10 children in the state of Jharkhand from Maoist insurgency groups who had abducted them and used them in combat capacities.

According to the United Nations, 68 children between the ages of nine and 17 were detained by security services in Jammu and Kashmir on national security-related charges, including one for actual or alleged association with armed groups. Nonstate armed groups reportedly forced children to serve as spies, couriers, and soldiers in the states of Bihar, Chhattisgarh, Jharkhand, Maharashtra, West Bengal, and Odisha and as soldiers in Jammu and Kashmir. According to government sources, Maoist groups sometimes used children as human shields in confrontations with security forces.

Although the United Nations was not able to verify all allegations of child soldiers, NGO observers reported children as young as 12 were members of Maoist youth groups and allied militia. The children handled weapons and improvised explosive devices, according to these reports. Maoists reportedly held children against their will and threatened severe reprisals, including the killing of family members, if the children attempted to escape. The government claimed, based on statements of several women formerly associated with Maoist groups, that sexual violence, including rape and other forms of abuse, was a practice in some Maoist camps.

Attacks on schools by Maoists continued to affect children’s access to education in affected areas. There were continued reports on the use of schools as military barracks and bases. The deployment of government security forces near schools remained a concern. There were reports nonstate armed groups recruited children from schools in Chhattisgarh.

In January 2019 the Observer Research Foundation reported militant groups in Kashmir recruited juveniles. The foundation highlighted the conditions that encouraged minors in Jammu and Kashmir to join such groups. The report discussed the involvement of children in acts of violence, such as stone pelting and arson, which was then followed by a heavy-handed crackdown by security forces. It stated that, in the absence of a juvenile justice mechanism, the law-and-order apparatus failed to differentiate between children and adults, in turn provoking an ever greater degree of anger among the populace.

Other Conflict-related Abuse: On March 17, the Ministry of Home Affairs informed parliament’s lower house there were approximately 65,000 registered Kashmiri migrant families across the country. Tens of thousands of Hindus, known as Kashmiri Pandits, fled the Kashmir Valley after 1990 because of conflict and violent intimidation, including destruction of houses of worship, sexual abuse, and theft of property, by Kashmiri separatists.

The Prime Minister’s Development Package, announced in 2015, outlined a reconstruction plan for Jammu and Kashmir and included the creation of 3,000 state government jobs for Kashmiri migrants. On March 18, the minister of state for home affairs informed the upper house of parliament that the selection process had concluded for 1,781 posts and that 604 of the positions had been filled as of February 22.

In the central and eastern areas, armed conflicts between Maoist insurgents and government security forces over land and mineral resources in tribal forest areas continued. According to the SATP’s existing-conflict map, Maoist-affected states included Madhya Pradesh, Maharashtra, Karnataka, Kerala, Tamil Nadu, Andhra Pradesh, Telangana, Odisha, Chhattisgarh, Jharkhand, West Bengal, Bihar, Uttar Pradesh, and Assam. Human rights advocates alleged the government’s operations sought not only to suppress the Maoists but also to force tribal populations from their land, allowing for its purchase by the private sector.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, but it does not explicitly mention freedom of the press. The government generally respected this right, although there were several instances in which the government or actors considered close to the government allegedly pressured or harassed media outlets critical of the government, including through online trolling. There were also reports of extremists perpetrating acts of killing, violence, and intimidation against journalists critical of the government.

Freedom of Speech: Individuals routinely criticized the government publicly and privately. According to the HRW World Report 2020, sedition and criminal defamation laws were sometimes used to prosecute citizens who criticized government officials or state policies. In certain cases local authorities arrested or filed cases against individuals under laws against hate speech for expressions of political views. The harassment and detainment of journalists critical of the government in their reporting or social media messaging continued.

On August 14, a three-judge bench of the Supreme Court convicted prominent lawyer Prashant Bhushan for criminal contempt of court for two tweets that criticized the chief justice and the role played by the Supreme Court in the past six years. Bhushan was also facing contempt charges on another case relating to his comments in 2009 alleging judicial corruption. He was required to pay a symbolic fine of one rupee and express contrition before the court. According to media, more than 3,000 retired judges, lawyers, and eminent persons supported Bhushan and sent a petition to the Supreme Court stating that Bhushan’s tweets did not amount to contempt.

AII’s report Jammu and Kashmir After One year of Abrogation of Article 370 documented 14 instances of detention, police interrogations, and assaults on journalists. The government also introduced a new media regulation policy in Jammu and Kashmir empowering local administration to determine “fake and antinational news” and to initiate related action against journalists.

On February 15, Karnataka police arrested three engineering students of Kashmiri origin on sedition charges. According to police records, Basit Ashiq Ali, Talib Majeed, and Ameer Mohiuddin Wani recorded a video of themselves chanting slogans supporting Pakistan and posted the video on social media. They were arrested after college officials reported them to police. On June 10, the students were released on bail.

On February 20, Karnataka police booked student activist Amulya Leona on sedition charges for shouting pro-Pakistan slogans in her speech at a rally in Bengaluru protesting the CAA. A local court granted her bail on June 11.

On April 1, a complaint was filed  against the founding editor of the news website The Wire, Siddharth Varadarajan, for his tweet referencing a report that the Uttar Pradesh chief minister, Yogi Adityanath, had insisted a religious gathering be held during the COVID-19 lockdown. Although a correction was issued, the complaint was filed under Sections 66D and 67 of Information Technology Act 2000, Sections 188 and 505(2) of the Indian Penal Code, Section 54 of Disaster Management Act 2005 and Section 3 of Epidemic Diseases Act 1897. Varadarajan was granted bail on May 15. On May 11, Gujarat state police detained the editor and owner of Gujarati news website Face the Nation, Dhaval Patel, for publishing a report suggesting Gujarat’s chief minister might be replaced due to criticism over rising COVID-19 cases. Patel was charged with sedition and with spreading false panic. Patel was granted bail on May 27.

On May 19, the West Bengal government temporarily stopped the broadcast of Bengali news channel Calcutta News, which questioned the state government’s handling of the coronavirus pandemic, including allegations of underreporting coronavirus infection rates and death numbers and severe mismanagement of hospitals.

On May 20, Srinagar Police summoned The Kashmir Walla editor Fahad Shah for covering an encounter between militants and security forces. Shah alleged police claimed his stories “maligned” police and subjected him to five hours of questioning. The Srinagar police summoned Shah again on July 9 and October 4 on the same matter.

NGOs reported the arrest and detention of political and human rights activists who criticized the policies of Manipur’s state government. While some faced charges of sedition, promoting communal disharmony, public mischief, and criminal conspiracy, others were booked under the National Disaster Management Act. United NGOs Mission Manipur reported that on April 12, the Manipur state government arrested Robin Rongmei, a social activist, under the act for posting a video on Facebook that showed shortages of essential items for children in a shelter home during the lockdown.

On May 25, Kolkata police summoned Anirban Chattopadhyay, editor of the leading Bengali newspaper Anandabazar Patrika, for interrogation. Police summoned him because his newspaper reported on the inadequate supply of personal protective equipment for the staff of a hospital handling COVID-19 cases. On May 31, Chattopadhyay resigned his post as editor under pressure and to ease tensions with the government.

On June 5, Bengaluru police registered a case against former AII executive director Aakar Patel for a message he posted on Twitter that encouraged minority communities to emulate the racial justice protests abroad. Police booked Patel with intent to cause fear or alarm to the public, wantonly giving provocation with intent to cause riot, and abetting commission of an offense by the public. Patel’s Twitter account was temporarily removed but remained visible outside the country following registration of the charge.

Freedom of Press and Media, Including Online Media: Independent media were active and generally expressed a wide variety of views. The law prohibits content that could harm religious sentiments or provoke enmity among groups, and authorities invoked these provisions to restrict print media, broadcast media, digital media platforms, and publication or distribution of books.

According to several journalists, press freedom declined during the year. There were several reports from journalists and NGOs that government officials, at both the local and national levels, were involved in silencing or intimidating critical media outlets through physical harassment and attacks, pressuring owners, targeting sponsors, encouraging frivolous lawsuits, and in some areas blocking communication services, such as mobile telephones and the internet, and constraining freedom of movement.

The Reporters without Borders 2020 World Press Freedom Index identified press freedom violations by police, political activists, criminal groups, and corrupt local officials. Physical attacks and “coordinated hate campaigns waged on social networks” against journalists were cited as major areas of concern. Harassment and violence against journalists were particularly acute for female journalists. Journalists working in Jammu and Kashmir continued to face barriers to free reporting through communications and movement restrictions. According to the report, pressure on media to amplify government perspectives increased following the May 2019 national elections. Criminal prosecutions were often used to gag journalists critical of the authorities, including the use of a section of the penal code that includes sedition punishable by life imprisonment.

In February the Kashmir Press Club stated security agencies had routinely deployed intimidation tactics such as threats, summonses, and physical attacks on journalists in Jammu and Kashmir. On February 8, journalists Naseer Ganai and Haroon Nabi were summoned  to the police facility, where they were questioned for reporting on a statement by the Jammu Kashmir Liberation Front.

In June the Jammu and Kashmir government released the Media Policy-2020, which authorizes the Directorate of Information and Publication Relations to “examine” the content of print, electronic, and other forms of media for “fake news, plagiarism, and unethical or antinational activities” in the name of law and order. Under the new media policy, government action could range from legal proceedings against journalists for “indulging in fake news, unethical or antinational activities, or plagiarism” to withholding advertisements to any media that “incite or tends to incite violence, question sovereignty and the integrity of India, or violate the accepted norms of public decency and behavior.”

On June 13, Uttar Pradesh authorities charged Scroll.in executive editor Supriya Sharma for a news report critical of the COVID-19 lockdown under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well as under sections of the penal code regarding printing defamatory matter and negligent acts likely to spread infection of disease dangerous to life. Police also named the Mumbai-based editor in chief of Scroll.in in the first information report (FIR). On August 26, the Allahabad High Court granted Sharma protection from immediate arrest in the case but allowed the investigation to continue.

On July 1, UNESCO Director-General Audrey Azoulay called for authorities to end “gunpoint censorship” and prosecute those responsible for the killing of Shubham Mani Tripathi, a journalist for the newspaper Kampu Mail. Tripathi died on June 19 when he was shot six times by two gunmen while on his way home in Uttar Pradesh. His killing was allegedly in retaliation for his investigative reports into connections between illegal sand mining and corruption allegations. The two assailants, along with a third individual, were arrested.

The government maintained a monopoly on AM radio stations, limiting broadcasting to the state-owned All India Radio, and restricted FM radio licenses for entertainment and educational content. Widely distributed private satellite television provided competition for Doordarshan, the government-owned television network. There were accusations of political interference in the state-owned broadcasters. State governments banned the import or sale of some books that contained material government censors deemed could be inflammatory or provoke communal or religious tensions.

On March 6, the Union Ministry of Information and Broadcasting placed a 48-hour ban on two Malayalam news channels for broadcasting footage of the February riots in New Delhi, allegedly in violation of the Cable Network Television Network Act. Hours after the ban was imposed, the ministry revoked its order and restored the transmission of both channels.

On April 24, Tamil Nadu police arrested Andrew Sam Raja Pandian, the owner of a news platform, for reporting on alleged government corruption. A complaint was filed by a local government official who claimed the website was spreading false reports against the state government. A local court granted the media owner bail on April 28.

Violence and Harassment: There were numerous instances of journalists and members of media organizations reportedly being threatened or killed in response to their reporting. Police rarely identified suspects involved in the killing of journalists. The Committee to Protect Journalists reported at least 79 journalists had been killed between 1992 and 2020. According to the 2020 World Press Freedom Index, at least four journalists were killed in connection with their work as of December.

On March 3, unidentified assailants attacked Tamil Nadu-based journalist M. Karthi with an iron rod. In his police complaint, Karthi claimed the attack was related to his reporting on a dispute between two ruling party politicians in the region. On March 4, police detained two suspects for questioning in relation to the attack, including an official in Tamil Nadu’s All India Anna Dravida Munnetra Kazhagam party.

On August 11, Shahid Tantray, Prabhjit Singh, and a third unidentified female–all journalists for The Caravan magazine–were attacked  by a mob while reporting in New Delhi. Tantray reported that after identifying him as a Muslim, “the mob beat [him], punched on [his] neck and back, and tried to strangle [him] with the camera strap.” The Caravan stated the female journalist was sexually harassed. Police did not file a FIR or make arrests.

In September, Parashar Biswas, a journalist from the daily newspaper Syandan Patrika in Tripura, was beaten by unidentified individuals after he criticized Chief Minister Biplab Deb’s comments made against media outlets for publishing stories of alleged state mismanagement of the coronavirus crisis. The Tripura Assembly of Journalists condemned the attack and demanded the chief minister not further threaten reporters or media houses.

Online and mobile harassment was especially prevalent, and incidents of internet “trolling,” or making deliberately offensive or provocative online posts with the aim of upsetting someone, continued to rise. Journalists were threatened online with violence and, in the case of female journalists, rape.

On July 3, journalist Rana Ayyub shared  screenshots of several death and rape threats received on Twitter, Facebook, and Instagram after she spoke out against the killing of a 65-year-old Srinagar resident. In one screenshot the social media user asked Ayyub to recall Gauri Lankesh, a journalist shot and killed in 2017.

Censorship or Content Restrictions: Citizens generally enjoyed freedom of speech, but the government continued to censor and restrict content based on broad public- and national-interest provisions under Article 19 of the constitution.

In February 2019 the minister of state in the Ministry of Communications told members of parliament the government had ordered the Department of Telecommunications to block 17,444 sites during the previous three years on the basis of recommendations of the Central Bureau of Investigation, the Ministry of Electronics and Information Technology, courts of law, and several other organizations.

On June 18, Uttar Pradesh filed a FIR against Scroll.in executive editor Supriya Sharma for a report on the adverse effects of the COVID-19 lockdown in Varanasi. Police acted on a complaint filed by an individual Sharma interviewed about the lockdown, who alleged that Sharma misrepresented her comments and identity. Scroll.in denied the charges against Sharma and stood by her reporting. The media outlet alleged the FIR was an “attempt to intimidate and silence independent journalism.” Local human rights activist Harsh Mander noted the FIR was part of a recent trend targeting journalists with legal actions. On June 18, Reporters without Borders said the charges were a “blatant attempt to intimidate one of India’s most resilient reporters.” According to reports, at least 55 journalists and editors were arrested or booked for reporting on the COVID-19 lockdown.

In 2018 the Ministry of Electronics and Information Technology revealed that 14,221 websites had been blocked since 2010. Between January and October 2019, the ministry issued blocking orders for an additional 20 websites.

Libel/Slander Laws: Individuals continued to be charged with posting offensive or derogatory material on social media.

On January 31, Karnataka police arrested the director of the Shaheen Primary and High School and a student’s mother for sedition after a school play was alleged to be critical of the CAA and “disrespectful” of Prime Minister Modi. On February 15, a district court released the two women on bail.

On April 18, police in Kashmir booked  photojournalist Masrat Zahra under the UAPA for indulging in “antinational activities” on social media. In a statement police accused Zahra of “uploading antinational posts with criminal intention, uploading posts that glorify antinational activities and dent the image of law enforcing agencies besides causing disaffection against the country.” Zahra maintained she was sharing archival images that had already been published in different local and international social media platforms. The investigation continued at year’s end.

On April 23, the Jammu and Kashmir cyber police filed a FIR against Kashmiri author and journalist Gowhar Geelani for “glorifying terrorism in Kashmir” through social media posts. The police statement said Geelani was “indulging in unlawful activities through his posts and writings on social media platforms which [were] prejudicial to the national integrity, sovereignty and security of India.”

On May 18, Andhra Pradesh police arrested 66-year-old Ranganayaki Poonthota, following her Facebook post in which she questioned the government’s handling and police investigation of a styrene gas leak that killed at least 11 persons. She was arrested for making statements that create or promote enmity, indulging in wanton vilification, disobedience to order duly promulgated by public servant, and criminal conspiracy. The NGO Human Rights Forum described the case as a “brazen attack on free speech” and demanded withdrawal of the case.

National Security: In some cases government authorities cited laws protecting national interest to restrict media content. The government banned more than 200 Chinese mobile apps because they were “prejudicial” to the sovereignty and security of the country.

Internet Freedom

There were government restrictions on access to the internet, disruptions of access to the internet, censorship of online content, and reports the government occasionally monitored users of digital media, such as chat rooms and person-to-person communications. The law permits the government to block internet sites and content and criminalizes sending messages the government deems inflammatory or offensive. Both central and state governments have the power to issue directives for blocking, intercepting, monitoring, or decrypting computer information. The government continued to block telecommunications and internet connections in certain regions, often during periods of political unrest.

In January the Supreme Court declared access to the internet a fundamental right guaranteed by the constitution. In 2015 the Supreme Court overturned some provisions of the information technology law that restricted content published on social media but upheld the government’s authority to block online content “in the interest of sovereignty and integrity of India, defense of India, security of the State, and friendly relations with foreign states or public order” without court approval. In 2017 the Ministry of Communications announced measures allowing the government to shut telephone and internet services temporarily during a “public emergency” or for “public safety.” According to the measures, an order for suspension could be made by a “competent authority” at either the federal or the state level.

According to NGO Software Freedom Law Center, the central and state governments shut down the internet in different locations 106 times in 2019 and 76 times as of December 21. The center reported the longest shutdown occurred between August 4, 2019, and March 4 in Jammu and Kashmir. Authorities restored mobile 2G services in April and landline internet in August. Mobile 3G and 4G connections remained blocked as of December, although intermittent access was restored in certain districts.

AII documented 67 instances of government-enforced internet shutdowns in Jammu and Kashmir between January 14 and August 4. NGOs and professionals from the education and medical fields reported that frequent internet shutdown and denial of access to 4G internet presented problems to online education and COVID-19 mitigation measures.

In January the Supreme Court ruled that the indefinite shutdown of the internet in Jammu and Kashmir was illegal.

In December 2019, in response to protests concerning the passage of the CAA, internet shutdowns were implemented throughout the country. NGOs maintained that local officials often used a section of the code of criminal procedure relating to riots and civil disturbances as the legal basis for internet shutdowns.

Government requests for user data from internet companies increased dramatically. According to Facebook’s transparency report, the government made 49,382 data requests in 2019, a 32 percent increase from 2018. Google reported a 69 percent increase in government requests for user data in its 2019 Transparency Report, receiving 19,438 disclosure requests. Twitter’s Transparency Report indicated 1,263 account information requests from the government in 2019, a 63 percent increase from 2018.

In its Freedom in the World 2020 report, Freedom House noted the central government and state governments repeatedly suspended mobile internet services to curb collective action by citizens. NGOs also asserted the legal threshold for internet shutdowns was low and shutdown regulations were applied unevenly by executive branch officials with little or no legislative or judicial oversight.

Press outlets frequently reported instances in which individuals and journalists were arrested or detained for online activity, although NGOs noted there was little information about the nature of the activity or if it involved criminal or legitimate speech. Police continued to arrest individuals under the Information Technology Act for legitimate online activity, despite a 2015 Supreme Court ruling striking down the statute as unconstitutional, and which experts claimed was an abuse of legal processes.

The National Intelligence Grid (NATGRID), expected to begin functioning at year’s end, was proposed after the 11/26 terror attacks in Mumbai as a unified intelligence database to collect data and patterns of suspects from 21 organizations. NATGRID’s database was designed to link 11 national agencies with approximately 14,000 police stations throughout the country.

In July the Ministry of Electronics and Information Technology banned 59 mobile applications owned by China-based companies or otherwise linked to China, including the social media and communications platforms TikTok, WeChat, and Helo, citing national security reasons. As of year’s end, the ministry had banned more than 200 Chinese applications.

Academic Freedom and Cultural Events

The government occasionally applied restrictions on the travel and activities of visiting foreign experts and scholars. Academics continued to face threats and pressure for expressing controversial views. In August, Delhi police interrogated Delhi University academic and social activist Apoorvanand was interrogated by the Delhi police regarding his alleged association with the anti-CAA protests. Apoorvanand said in a public statement that, while an investigating agency was within its right to summon anyone for investigation, it should not lead to further harassment and victimization of protesters who asserted their democratic right to protest through constitutional means.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The law provides for freedom of assembly. Authorities often required permits and notification before parades or demonstrations, and local governments generally respected the right to protest peacefully. Jammu and Kashmir was an exception, where the state government sometimes denied permits to separatist political parties for public gatherings, and security forces reportedly occasionally detained and assaulted members of political groups engaged in peaceful protest (see section 1.g.). During periods of civil unrest in Jammu and Kashmir, authorities used the law to ban public assemblies and impose curfews.

Security forces, including local police, often disrupted demonstrations and reportedly used excessive force when attempting to disperse protesters. On August 28, AII stated that Delhi police committed serious human rights violations during the February communal riots in Delhi. AII claimed police personnel were “complicit and actively participating” in the violence that killed more than 50 persons, the majority of whom were Muslims.

There were some restrictions on the organization of international conferences. Authorities required NGOs to secure approval from the central government before organizing international conferences. Authorities routinely granted permission, although in some cases the approval process was lengthy. Some human rights groups claimed this practice provided the government tacit control over the work of NGOs and constituted a restriction on freedoms of assembly and association.

Freedom of Association

The law provides for freedom of association. While the government generally respected this right, the government’s increased monitoring and regulation of NGOs that received foreign funding caused concern. In certain cases the government required “prior approval” for some NGOs to receive foreign funds, suspended foreign banking licenses, or froze accounts of NGOs that allegedly received foreign funding without the proper clearances or that mixed foreign and domestic funding. In other instances, the government canceled or declined to renew Foreign Contributions (Regulation) Act (FCRA) registrations.

In September parliament passed amendments to the FCRA that placed additional limitations on the international funding of nongovernment organizations and would create significant operational barriers for the NGO community. Experts believed the new legislation would severely restrict the ability of smaller, regional organizations to raise funds and diminish collaboration between the government and civil society.

Some NGOs reported an increase in random FCRA compliance inspections by Ministry of Home Affairs officials who they said were purportedly under pressure to demonstrate strict enforcement of the law. FCRA licenses were also reportedly canceled periodically based on nonpublic investigations by the Intelligence Bureau.

Some NGOs stated they were targeted as a reprisal for their work on “politically sensitive” issues, such as human rights or environmental activism. In September, AII closed its offices after a two-year FCRA investigation resulted in the government freezing the NGO’s local bank accounts. AII asserted the Ministry of Finance’s Enforcement Directorate targeted their organization in retaliation for recent human rights reporting on the Delhi riots and Jammu and Kashmir. The Ministry of Home Affairs defended the actions noting “a significant amount of foreign money was also remitted to Amnesty (India) without the ministry’s approval under the FCRA. This mala fide rerouting of money was in contravention of extant legal provisions.” AII challenged the Enforcement’s Directorate’s actions in court. On December 16, the Karnataka High Court granted AII access to some of its funding from the frozen accounts and ordered the Enforcement Directorate to complete its investigation within 45 days.

In June 2019, acting on a Ministry of Home Affairs complaint, the CBI filed a FIR against Supreme Court advocate Anand Grover and the NGO Lawyers Collective, an organization run by Supreme Court advocate Indira Jaising, alleging discrepancies in the utilization of foreign funds. On July 11, the CBI accused Grover and Jaising of violating FCRA provisions and raided their home and offices. On July 25, the Bombay High Court stated the CBI allegation against Lawyers Collective–mixing FCRA funds with domestic funding–was “vague and arbitrary,” and it directed the CBI not to take any coercive steps in relation to the FIR until August 19. Civil society groups, including HRW and the International Commission of Jurists, criticized the CBI action as “dubious” and politically motivated.

c. Freedom of Religion

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

d. Freedom of Movement

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

The country hosted a large refugee population, including more than 80,000 Tibetan refugees and approximately 95,230 refugees from Sri Lanka. The government generally allowed UNHCR to assist asylum seekers and refugees from noncontiguous countries and Burma. In many cases refugees and asylum seekers under UNHCR’s mandate reported increased obstacles regularizing their status through long-term visas (LTVs) and residence permits. Excluding Tibetan and Sri Lankan refugees, 40,068 persons of concern were registered by UNHCR; however, they were not granted legal status by the government.

In-country Movement: The central government relaxed restrictions on travel by foreigners to Arunachal Pradesh, Nagaland, Mizoram, Manipur, and parts of Jammu and Kashmir, excluding foreign nationals from Pakistan, China, and Burma. The Ministry of Home Affairs and state governments required citizens to obtain special permits upon arrival when traveling to certain restricted areas. In December 2019 the government extended the Inner Line Permit regime to Manipur, requiring all non-Manipuris to have the permit before they enter the state.

Foreign Travel: The government may legally deny a passport to any applicant for engaging in activities outside the country “prejudicial to the sovereignty and integrity of the nation.”

The trend of delaying issuance and renewal of passports to citizens from Jammu and Kashmir continued, sometimes up to two years. The government reportedly subjected applicants born in Jammu and Kashmir, including children born to military officers deployed there, to additional scrutiny and police clearances before issuing them passports.

Citizenship: In December 2019 parliament passed the CAA, which provides an expedited path to citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities from Afghanistan, Bangladesh, and Pakistan. The act makes no provision for Muslims and does not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura. Following passage of the act, wide-scale protests against its passage and exclusion of Muslims occurred throughout the country, leading to arrests, targeted communications shutdowns, bans on assembly, and deaths in a few instances.

Approximately 1.9 million residents of the state of Assam, which borders Bangladesh, were left off the register of 32.9 million who applied for the National Register of Citizens (NRC) process in Assam, leaving the nationality status of those excluded unclear pending the adjudication of these claims and objections. The government established procedures for appeals against the NRC decisions. The official notification required to initiate the procedures in Assam remained pending. On January 6, the government informed the Supreme Court that children would not be separated from their parents or sent to detention centers because of the NRC in Assam. On February 4, the government informed parliament that it had not taken any decision to prepare the NRC at the national level. On March 18, the Ministry of Home Affairs filed an affidavit in the Supreme Court stating that preparation of the NRC was a “necessary exercise for any sovereign country for mere identification of citizens from noncitizens.” On December 23, 2019, Prime Minister Modi denied any intention by the central government to implement a nationwide NRC process outside of Assam, despite widespread speculation regarding the government’s intention to do so.

e. Status and Treatment of Internally Displaced Persons

Authorities located settlements of internally displaced persons (IDPs) throughout the country, including those containing groups displaced by internal armed conflicts in Jammu and Kashmir, Maoist-affected areas, the northeastern states (see section 1.g.), and Gujarat. In 2019 approximately 19,000 persons were displaced because of conflicts and violence, while natural disasters displaced more than five million persons.

Precise numbers of those displaced by conflict or violence was difficult because the government does not monitor the movements of displaced persons, and humanitarian and human rights agencies had limited access to camps and affected regions. While authorities registered residents of IDP camps, an unknown number of displaced persons resided outside the camps. Many IDPs lacked sufficient food, clean water, shelter, and health care (see section 1.g., Other Conflict-related Abuse).

National policy or legislation did not address the issue of internal displacement resulting from armed conflict or from ethnic or communal violence. The welfare of IDPs was generally the purview of state governments and local authorities, allowing for gaps in services and poor accountability. The central government provided limited assistance to IDPs, but it had access to NGOs and human rights organizations, although neither access nor assistance was standard for all IDPs or all situations.

In January the central government, along with the state governments of Tripura and Mizoram, signed an agreement with the leaders of the Mizoram Bru Displaced People’s Forum that allowed Brus to settle permanently in Tripura. The Brus are a scheduled tribe living in relief camps in Tripura as IDPs since 1997, when they fled Mizoram in the wake of ethnic clashes with the Mizo community. The agreement was intended to allot land and cash assistance to more than 30,000 persons from the Bru tribes in Tripura.

f. Protection of Refugees

UNHCR did not have an official agreement with the government but supported it in refugee protection and response.

Abuse of Migrants, Refugees, and Stateless Persons: The law does not contain the term “refugee,” treating refugees as any other foreigner. Undocumented physical presence in the country is a criminal offense. Persons without documentation were vulnerable to detention, forced returns, and abuse. The country historically treated persons as refugees based on the merits and circumstances of the cases coming before them.

The courts protected refugees and asylum seekers in accordance with the constitution.

Refugees reported exploitation by nongovernment actors, including assaults, gender-based violence, fraud, and labor and sex trafficking. Problems of domestic violence, sexual abuse, and early and forced marriage also continued. According to NGOs, gender-based violence and sexual abuse were prevalent in the Sri Lankan refugee camps. Most urban refugees worked in the informal sector or in occupations such as street vending, where they suffered from police extortion, nonpayment of wages, and exploitation.

Rohingya migrants continued to be detained in Assam, Manipur, and Mizoram. States such as Mizoram grappled with the detention of Rohingya migrants with little guidance from the central government on care and repatriation issues.

Refoulement: The government advocated for the return of Rohingya refugees, including potential trafficking victims, to Burma; at least four Rohingya, who were in detention, were returned to Burma in January. According to UNHCR, at least 26 non-Rohingya refugees had been deported since late 2016 out of an estimated 40,000.

The identity card issued by UNHCR was the only formal legal document available for Rohingya migrants in the country. As the expiration date for these cards approached, several Rohingya migrants abandoned their temporary shelter. Some relocated to other parts of India, while others fled the country.

In 2018 the Ministry of Home Affairs instructed state governments to identify Rohingya migrants through the collection of biometric data. The ministry directed state governments to monitor Rohingya and restrict their movements to specific locations.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. Absent a legal framework, the government sometimes granted asylum on a situational basis on humanitarian grounds in accordance with international law. This approach resulted in varying standards of protection for different refugee and asylum-seeker groups. The government recognized refugees from Tibet and Sri Lanka and generally honored UNHCR decisions on refugee status determination for individuals from other countries, including Afghanistan.

UNHCR continued to follow up on matters related to statelessness. UNHCR maintained an office in New Delhi where it registered refugees and asylum seekers from noncontiguous countries and Burma, made refugee status determinations, and provided some services. The office’s reach outside of New Delhi was limited. Nonetheless, the government permitted UNHCR staff access to refugees in other urban centers and allowed it to operate in Tamil Nadu to assist with Sri Lankan refugee repatriation. Authorities did not permit UNHCR direct access to Sri Lankan refugee camps, Tibetan settlements, or asylum seekers in Mizoram, but they permitted asylum seekers from Mizoram to travel to New Delhi to meet UNHCR officials. Authorities did not grant UNHCR or other international agencies access to Rohingya detained in Kolkata or Aizawl (Mizoram), nor were they granted access to any refugees or asylum seekers in detention. Refugees outside New Delhi faced added expense and time to register their asylum claims.

The government generally permitted other NGOs, international humanitarian organizations, and foreign governments access to Sri Lankan refugee camps and Tibetan settlements, but it generally denied access to asylum seekers in Mizoram. The government denied requests for some foreigners to visit Tibetan settlements in Ladakh.

After the end of the Sri Lankan civil war, the government ceased registering Sri Lankans as refugees. The Tamil Nadu government assisted UNHCR by providing exit permission for Sri Lankan refugees to repatriate voluntarily. The benefits provided to Sri Lankan Tamil refugees by the state government of Tamil Nadu were applicable only within the state.

Employment: The government granted work authorization to many UNHCR-registered refugees, and others found employment in the informal sector. Some refugees reported discrimination by employers. According to UNHCR, obtaining formal employment was difficult for refugees because they did not possess the necessary documents such as Aadhar (national identity) cards and long-term visas.

Access to Basic Services: Although the country generally allowed recognized refugees and asylum seekers access to housing, primary and secondary education, health care, and the courts, access varied by state and by population. Refugees were able to use public services, although access became more complicated during the year because many refugees were unable to acquire the digitized national identity card necessary to use some services. In cases where refugees were denied access, it was often due to a lack of knowledge of refugee rights by the service provider. In many cases UNHCR was able to intervene successfully and advocate for refugee access. After issuing more than 7,000 long-term visas, which were renewable on a yearly basis for up to five years and provided access to formal employment, health care, and higher education, the government halted the practice in 2017. As of the end of 2019, only 35 UNHCR-registered refugees held unexpired long-term visas. For undocumented asylum seekers, UNHCR provided a letter upon registration indicating the person was under consideration for UNHCR refugee status.

According to the UNHCR India Factsheet from December 2019, the government directly provided assistance and protection to 203,235 refugees from Sri Lanka and Tibet and 39,960 asylum seekers of other nationalities registered under UNHCR mandate. There were 341 Rohingya refugees living in the south: 254 in Karnataka, seven in Kerala, and 80 in Tamil Nadu. The Rohingya were employed in the informal economy, since they did not have legal work authorization from the government. Minor children had access to health services and education under the government’s “education for all” program. UNHCR was not aware of mistreatment or discrimination against Rohingya refugees; however, the agency said the state governments of Karnataka, Kerala, and Tamil Nadu were not providing adequate support.

Sri Lankan refugees were permitted to work in Tamil Nadu. Police, however, reportedly summoned refugees back into the camps on short notice, particularly during sensitive political times, such as elections, and required refugees or asylum seekers to remain in the camps for several days.

Government services, such as mother and child health programs, were available. Refugees were able to request protection from police and courts as needed.

The government did not accept refugees for resettlement from other countries.

Durable Solutions: UNHCR reported 196 individuals returned to Sri Lanka in March. At year’s end voluntary repatriations were suspended because there were no commercial flights available for the return of Sri Lankan refugees due to the COVID-19 pandemic.

g. Stateless Persons

By law parents confer citizenship, and birth in the country does not automatically result in citizenship. Any person born in the country on or after January 26, 1950, but before July 1, 1987, obtained Indian citizenship by birth. A child born in the country on or after July 1, 1987, obtained citizenship if either parent was an Indian citizen at the time of the child’s birth. Authorities consider those born in the country on or after December 3, 2004, citizens only if at least one parent was a citizen and the other was not illegally present in the country at the time of the child’s birth. Authorities considered persons born outside the country on or after December 10, 1992, citizens if either parent was a citizen at the time of birth, but authorities do not consider those born outside the country after December 3, 2004, citizens unless their birth was registered at an Indian consulate within one year of the date of birth. Authorities may also confer citizenship through registration under specific categories and via naturalization after residing in the country for 12 years. Tibetans reportedly sometimes faced difficulty acquiring citizenship despite meeting the legal requirements.

According to UNHCR and NGOs, the country had a large population of stateless persons, but there were no reliable estimates. Stateless populations included Chakmas and Hajongs, who entered the country in the early 1960s from present-day Bangladesh, and groups affected by the 1947 partition of the subcontinent into India and Pakistan.

Children born in Sri Lankan refugee camps received Indian birth certificates. While these certificates alone do not entitle refugees to Indian citizenship, refugees may present Indian birth certificates to the Sri Lankan High Commission to obtain a consular birth certificate, which entitles them to pursue Sri Lankan citizenship.

UNHCR and refugee advocacy groups estimated that between 25,000 and 28,000 of the approximately 95,000 Sri Lankan Tamil refugees living in Tamil Nadu were “hill country” Tamils. While Sri Lankan law allows “hill country” refugees to present affidavits to secure Sri Lankan citizenship, UNHCR believed that until the Sri Lankan government processes the paperwork, such refugees were at risk of becoming stateless.

Section 3. Freedom to Participate in the Political Process

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

Elections and Political Participation

Recent Elections: The Election Commission is an independent constitutional body responsible for administering all elections at the central and state level throughout the country. In May 2019 voters re-elected the BJP-led National Democratic Alliance in the country’s general elections, which involved more than 600 million eligible voters. During the year elections occurred in Delhi and Bihar. Observers considered these elections free and fair.

Political Parties and Political Participation: The constitution provides for universal voting rights for all citizens 18 and older. There are no restrictions placed on the formation of political parties or on individuals of any community from participating in the election process. The election law bans the use of government resources for political campaigning, and the Election Commission effectively enforced the law. The commission’s guidelines ban opinion polls 48 hours prior to an election, and exit poll results may not be released until completion of the last phase (in a multiphase election).

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they freely participated. The law reserves one-third of the seats in local councils for women. Religious, cultural, and traditional practices and ideas prevented women from proportional participation in political office. Nonetheless, women held many high-level political offices, including five positions as cabinet ministers. This represented a decline from the first Modi government when nine women served in the cabinet. The 2019 general election saw 78 women elected to the lower house of parliament, compared with 66 in the 2014 general election. West Bengal was the only state led by a female chief minister.

The constitution stipulates that, to protect historically marginalized groups and provide for representation in the lower house of parliament, each state must reserve seats for Scheduled Castes and Scheduled Tribes in proportion to their population in the state. Only candidates belonging to these groups may contest elections in reserved constituencies. While some Christians and Muslims were identified as Dalits, the government limited reserved seats for Dalits to Hindus, Sikhs, and Jains. Members of minority populations had previously served or currently served as prime minister, president, vice president, cabinet ministers, Supreme Court justices, members of parliament, and state chief ministers.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials at all levels of government. Officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: Corruption was present at multiple levels of government. On March 18, the minister of state in the Prime Minister’s Office informed parliament’s lower house that 12,458 corruption complaints were received between March 2019 and February, of which 12,066 complaints were address or resolved. Additionally, the minister noted the Central Vigilance Commission, which addresses government corruption, reviewed 2,752 cases during 2019 and carried more than 953 of those cases into 2020.

NGOs reported the payment of bribes to expedite services, such as police protection, school admission, water supply, and government assistance. Civil society organizations drew public attention to corruption throughout the year, including through demonstrations and websites that featured stories of corruption.

Media reports, NGOs, and activists reported links among politicians, bureaucrats, contractors, militant groups, and security forces in infrastructure projects, narcotics trafficking, and timber smuggling in the northeastern states.

In July 2019 multiple complaints of criminal corruption were lodged against Uttar Pradesh member of parliament Azam Khan for illegally obtaining land for the Mohammad Ali Jauhar University, which he founded in 2006. In January, Uttar Pradesh’s district administration began to return the land to local farmers. According to the district magistrate, the process to return land had been started and would continue until all of the farmers’ claims were settled.

Financial Disclosure: The law mandates asset declarations for all officers in the Indian Administrative Services. Both the Election Commission and the Supreme Court upheld mandatory disclosure of criminal and financial records for candidates for elected office.

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

Most domestic and international human rights groups generally operated without government restriction, investigating, and publishing their findings on human rights cases. In some circumstances groups faced restrictions (see section 2.b, Freedom of Association). There were reportedly more than three million NGOs in the country, but definitive numbers were not available. The government generally met with domestic NGOs, responded to their inquiries, and took action in response to their reports or recommendations.

The NHRC worked cooperatively with numerous NGOs, and several NHRC committees had NGO representation. Some human rights monitors in Jammu and Kashmir were able to document human rights violations, but periodically security forces, police, and other law enforcement authorities reportedly restrained or harassed them. Representatives of certain international human rights NGOs sometimes faced difficulties obtaining visas and reported that occasional official harassment and restrictions limited their public distribution of materials.

The United Nations or Other International Bodies: The government continued to decline access by the United Nations to Jammu and Kashmir and limit access to the northeastern states and Maoist-controlled areas. In an August statement, UN human rights experts called on the government “to take urgent action to address the alarming human rights situation in the territory.” The UN special rapporteurs noted that since August 2019, “the human rights situation in Jammu and Kashmir has been in free fall,” and they were “particularly concerned that during the COVID-19 pandemic, many protesters are still in detention and internet restrictions remain in place.” The group appealed to the government “to schedule pending visits as a matter of urgency, particularly of the experts dealing with torture and disappearances.”

Government Human Rights Bodies: The NHRC is an independent and impartial investigatory and advisory body, established by the central government, with a dual mandate to investigate and remedy instances of human rights violations and to promote public awareness of human rights. It is directly accountable to parliament but works in close coordination with the Ministry of Home Affairs and the Ministry of Law and Justice. It has a mandate to address official violations of human rights or negligence in the prevention of violations, intervene in judicial proceedings involving allegations of human rights violations, and review any factors (including acts of terrorism) that infringe on human rights. The law authorizes the NHRC to issue summonses and compel testimony, produce documentation, and requisition public records. The NHRC also recommends appropriate remedies for abuses in the form of compensation to the victims of government killings or their families.

The NHRC has neither the authority to enforce the implementation of its recommendations nor the power to address allegations against military and paramilitary personnel. Human rights groups claimed these limitations hampered the work of the NHRC. Some human rights NGOs criticized the NHRC’s budgetary dependence on the government and its policy of not investigating abuses more than one year. Some claimed the NHRC did not register all complaints, dismissed cases arbitrarily, did not investigate cases thoroughly, rerouted complaints back to the alleged violator, and did not adequately protect complainants.

Of 28 states, 24 have human rights commissions, which operated independently under the auspices of the NHRC. Some human rights groups alleged local politics influenced state committees, which were less likely to offer fair judgments than the NHRC. The Human Rights Law Network, a nonprofit legal aid group, observed most state committees had few or no minority, civil society, or female representatives. The group claimed the committees were ineffective and at times hostile toward victims, hampered by political appointments, understaffed, and underfunded.

The government closed the Jammu and Kashmir Human Rights Commission in 2019 and ordered the NHRC to oversee human rights violations in Jammu and Kashmir. The NHRC has jurisdiction over all human rights violations, except in certain cases involving the military. The NHRC has authority to investigate cases of human rights violations committed by the Ministry of Home Affairs and paramilitary forces operating under the AFSPA in the northeast states.

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

Women

Rape and Domestic Violence: The law criminalizes rape in most cases, although marital rape is not illegal when the woman is older than 15. According to legal experts, the law does not criminalize rape of adult men. Rape of minors is covered under the gender-neutral POCSO laws. Official statistics pointed to rape as one of the country’s fastest-growing crimes, prompted at least in part by the increasing willingness of victims to report rapes, although observers believed the number of rapes remained vastly underreported.

Law enforcement and legal recourse for rape victims were inadequate, and the judicial system was overtaxed and unable to address the problem effectively. Police sometimes worked to reconcile rape victims and their attackers; in some cases they encouraged female rape victims to marry their attackers. The NGO International Center for Research on Women noted low conviction rates in rape cases was one of the main reasons sexual violence continued unabated and at times unreported. The NGO Lawyers Collective observed the length of trials, lack of victim support, and inadequate protection of witnesses and victims remained major concerns and were more pronounced during the COVID-19 pandemic.

Incidents of rape continued to be a persistent problem, including gang rape, rape of minors, rape against lower-caste women or women from religious and nonreligious minority communities by upper-caste men, and rape by government officials.

The minimum mandatory punishment for rape is 10 years’ imprisonment. The minimum sentence for the rape of a girl younger than age 16 is between 20 years’ and life imprisonment; the minimum sentence of gang rape of a girl younger than 12 is punishable by either life imprisonment or the death penalty. An online analytic tool, the Investigation Tracking System for Sexual Offenses, exists for states and union territories to monitor and track time-bound investigation in sexual assault cases.

On March 20, the four men convicted of the high-profile 2012 gang rape of Nirbhaya were hanged. The victim is known as Nirbhaya, meaning the fearless one, because of the law forbidding the disclosure of rape victim names. Nirbhaya, a medical student at the time, was attacked on a bus by six men while traveling home with a friend. Her friend was beaten unconscious, and she was gang-raped and brutally tortured with an iron rod. Nirbhaya died two weeks later. Of the six arrested, one died in his jail cell and another, a minor at the time, was released after three years in a reform facility. The four remaining were sentenced to death and were hanged at Delhi’s Tihar Jail after the Supreme Court dismissed their final petitions.

On July 13, a woman who filed a complaint of gang rape in Bihar was arrested for misbehavior while recording her statement in court. The 22-year-old survivor was accompanied by two social workers, and the three were arrested on charges of disrupting court proceedings when the survivor, who was illiterate, refused to sign a written statement for the court and demanded it be read aloud by the social workers. Jan Jagran Shakti Sangathan, a nonprofit organization, protested the arrests, asserting the survivor’s distressed state and noncompliance were caused by the trauma of the gang rape, the ordeal of narrating the incident during police investigation and court proceedings, and the lack of family and mental health support after the incident. As of July 15, the three women were being held in jail under judicial custody, and one of the five men accused of the gang rape was arrested. A group of 376 lawyers from across the country sent a letter to the Patna High Court (in Bihar) to express their concern regarding the local court’s handling of the case.

On September 28, CHRI released Barriers in Accessing Justice: The Experiences of 14 Rape Survivors in Uttar Pradesh, India, that detailed strong evidence of the barriers imposed by police on women survivors, including caste-based discrimination, discouragement to report the crime, and forceful acceptance of illegal compromises. The report noted legal remedies against police malpractice were difficult to pursue and often did not provide redress.

On September 30, Uttar Pradesh police cremated, without family consent, the body of a 19-year-old Dalit woman in her native village in Hathras, hours after she succumbed to injuries allegedly inflicted in a gang rape by four upper-caste men on September 14. Her death and subsequent cremation without the presence of family members sparked outrage among opposition parties and civil society. Police arrested all four accused, and the Uttar Pradesh state government assembled a three-member team to probe the incident.

On October 5, citing recent cases of alleged rape and murder, including in Hathras, the UN resident coordinator in the country expressed concern at the continuing cases of sexual violence against women and girls.

Women in conflict areas, such as in Jammu and Kashmir, the Northeast, Jharkhand, and Chhattisgarh, as well as vulnerable Dalit or tribal women, were often victims of rape or threats of rape. National crime statistics indicated Dalit women were disproportionately victimized compared with other caste affiliations.

The Kerala State Women’s Commission registered a rape case involving a 75-year-old Dalit woman suffering from dementia and other mental health issues. The woman was attacked and raped by a group of unidentified men on August 4 in Ernakulam District, Kerala State.

Domestic violence continued to be a problem. The COVID-19 pandemic and lockdown led to increased instances of domestic violence. Women and children were more vulnerable due to loss of livelihood of the perpetrator and the family being forced to remain indoors, where victims were locked in with their abusers with limited means to escape or access to resources. The Jammu and Kashmir and Delhi High Courts took note of the increased problem of domestic violence and directed national protection agencies to consider additional measures to address the rising instances of domestic violence.

Local authorities made efforts to address the safety of women. On August 10, the National Commission of Women (NCW) reported 2,914 complaints of crimes committed against women in July, including 660 cases of domestic violence. This represented the highest monthly level since November 2018. The data showed Uttar Pradesh, Bihar, Haryana, Delhi, and Punjab as the states with the highest levels of domestic violence against women. The latest available NCRB data estimated the conviction rate for crimes against women was 23 percent.

During the first weeks of the COVID-19 lockdown, the NCW received 239 complaints of domestic violence–a significant increase from the 123 complaints it received in the month preceding the lockdown. To provide protection and assistance, the NCW launched a WhatsApp helpline for women.

Acid attacks against women continued to cause death and permanent disfigurement. On February 28, a family member attacked a 25-year-old pregnant woman and her sister-in-law with acid in Haryana. After being hospitalized for one month, the pregnant victim succumbed to the wounds.

On July 15, Telangana police launched the “CybHer” online awareness campaign to protect women and children in cyberspace. The Telangana police chief stated that cybercrimes went up by 70 percent in the state during the COVID-19 lockdown, and women and children were the specific targets. The campaign was launched on multiple social media platforms.

Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, between 70 and 90 percent of Dawoodi Bohras, a population of approximately one million concentrated in the states of Maharashtra, Gujarat, Rajasthan, and Delhi, practiced FGM/C.

In July 2018 the Supreme Court heard a public interest case seeking to ban the practice of FGM/C. The government, represented by Attorney General K. K. Venugopal, told the court that it supported the petitioners’ plea that the practice be punishable under the provisions of the penal code and the Protection of Children from Sexual Offenses Act. Days after a September 2018 meeting between the prime minister and the spiritual head of the Dawoodi Bohra community, who supports the practice of FGM/C, the government reversed its position, and the attorney general stated the matter should be referred to a five-member panel of the Supreme Court to decide on the issue of religious rights and freedom.

Other Harmful Traditional Practices: The law forbids the acceptance of marriage dowry, but many families continued to offer and accept dowries, and dowry disputes remained a serious problem. NCRB data showed authorities arrested 20,545 persons for dowry deaths in 2016. Most states employed dowry prohibition officers. A 2010 Supreme Court ruling mandates all trial courts to charge defendants in dowry-death cases with murder.

So-called honor killings remained a problem, especially in Punjab, Uttar Pradesh, and Haryana; they were usually attributable to the victim’s marrying against his or her family’s wishes. In April, three persons were arrested for the killing of a 19-year-old girl in Punjab. Family members allegedly poisoned the victim with sleeping pills, strangled her to death, and cremated her body. An honor killing of a 16-year-old girl was reported on May 2 in Rajasthan. She was strangled, burned, and buried allegedly by her mother and uncle because she eloped with a local boy of whom her family did not approve. The mother and uncle were arrested. On July 17 in Uttar Pradesh, a woman was shot and killed by her three brothers for marrying outside her caste two years previously. The accused also attacked the husband, leaving him grievously injured. Police arrested all three brothers.

On June 22, the Madras High Court acquitted B. Chinnasamy, who was accused in 2017 of hiring persons to kill his daughter’s husband because he belonged to a Scheduled Caste. The court also commuted the death sentences to life imprisonment for five previously convicted individuals. Several human rights activists described the verdicts as “a travesty of justice.”

There were reports women and girls in the devadasi system of symbolic marriages to Hindu deities (a form of so-called ritual prostitution) were victims of rape or sexual abuse at the hands of priests and temple patrons, including sex trafficking. NGOs suggested families exploited some girls from lower castes in sex trafficking in temples to mitigate household financial burdens and the prospect of marriage dowries. Some states have laws to curb sex trafficking and sexual abuse of women and girls in temple service. Enforcement of these laws remained lax, and the problem was widespread. Some observers estimated that more than 450,000 women and girls were exploited in temple-related prostitution.

On August 13, Telangana Scheduled Castes and Scheduled Tribes Commission chairman E. Srinivas told media that he observed continuing prevalence of the banned Jogini system, under which Dalit girls are forced into sexual slavery in the name of dedicating them to a village deity. He encouraged village chiefs to be held responsible for informing police and other authorities if such practices continued. District authorities announced protection of agricultural lands given to the rehabilitated Jogini women by the government in 1989.

No federal law addresses accusations of witchcraft; however, authorities may use other legal provisions as an alternative for a victim accused of witchcraft. Most reports stated villagers and local councils usually banned those accused of witchcraft from the village. Bihar, Odisha, Chhattisgarh, Rajasthan, Assam, and Jharkhand have laws criminalizing those who accuse others of witchcraft.

On May 4, three women in Bihar were assaulted, tonsured, stripped seminaked, and forced to consume human urine and excreta by a mob that suspected them of witchcraft. Media sources reported that no bystanders came forward to help the women. Police acted after seeing a video of the incident, arresting nine persons. According to reports, the three women, all from the same family, were performing puja, a worship ritual, for a sick child at night when they were seen by villagers who suspected them of using black magic, after which they were targeted and abused the next morning.

On August 17, media reported family members beat 30-year-old Geeta Devi for allegedly practicing witchcraft in Jharkhand’s Giridih District. Geeta died before police could arrive. The deceased’s mother in-law filed a FIR with the Gawan police station to investigate the crime.

Sexual Harassment: Sexual harassment remained a serious problem. Authorities required all state departments and institutions with more than 50 employees to operate committees to prevent and address sexual harassment, often referred to as “eve teasing.” By law sexual harassment includes one or more unwelcome acts or behavior, such as physical contact, a request for sexual favors, making sexually suggestive remarks, or showing pornography.

In February media sources reported that female trainee clerks working at the Surat Municipal Corporation were subjected to gynecological finger tests in a mandatory fitness test by female doctors at the Surat Municipal Institute of Medical Education and Research, a state-run hospital. The corporation’s employees union lodged a complaint when approximately 100 employees reported the incident. The women confided that they felt their privacy was violated when they were asked to strip naked and stand in groups while undergoing the test and being asked intimate questions about their pregnancy history. The Surat municipal commissioner formed a committee to investigate the allegations.

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

The law prohibits the use of all technologies for the purpose of sex selection before or after conception. Nevertheless, although not widely enforced, policies and guidelines that penalized families with more than two children remained in place in various states. Certain states continued to maintain quotas for government jobs and subsidies for adults with no more than two children.

Many states promoted female sterilization as a family planning method, which has resulted in risky, substandard procedures and limited access to nonpermanent methods. The national government does not have the authority to regulate state public health policies. Some women, particularly poor and lower-caste women, were reportedly pressured to have tubal ligations, hysterectomies, or other forms of sterilization.

Almost all states implement “girl child promotion” programs, intended to counter prenatal sex selection. In 2015 the government launched the Beti Bachao Beti Padhao program to address a decline in the child sex ratio. According to government data, the sex ratio at birth improved from 918 girl-births for every 1,000 boy-births in 2014-2015 to 934 girl-births for every 1,000 boy-births in 2019-2020 due to the program.

The government recognized the role of health-care professionals in treating survivors of sexual violence and implemented protocols that meet the international standards for such medical care. Government directives instruct health facilities to ensure survivors of all forms of sexual violence receive immediate access to health care services, including emergency contraception, police protection, emergency shelter, forensic services, and referrals for legal aid and other services. Implementation of the guidelines was uneven, however, due to limited resources and social stigma.

For some populations, limited access to quality reproductive and maternal health care services–including prenatal care, skilled care at childbirth, and support in the weeks after childbirth–contributed to high maternal mortality. The government Office of the Registrar General Special Bulletin on Maternal Mortality in India 2016-18 estimated that the maternal mortality ratio declined to 113 deaths per 100,000 live births in 2016-2018 from 130 deaths per 100,000 live births in 2014-2016.

Care received by women, especially those from marginalized and low-income groups, at public health facilities was often inadequate, contributing to a reluctance to seek treatment. Although government initiatives resulted in a significant increase in institutional births, there were reports that health facilities continued to be overburdened, underequipped, and undersupplied.

Coercion in Population Control: There were reports of coerced and involuntary sterilization. The government promoted female sterilization as a form of family planning for decades. Some women, especially poor and lower-caste women, reportedly were pressured by their husbands and families to have tubal ligations or hysterectomies. The government provided monetary compensation for the wage loss, transportation costs, drugs and dressing, and follow-up visits to women accepting contraceptive methods, including voluntary sterilization. There were no formal restrictions on access to other forms of family planning; however, despite recent efforts to expand the range of contraceptive choices, voluntary sterilization remained the preferred method due to the costs and limited availability of alternative contraceptive choices.

Policies penalizing families with more than two children remained in place in seven states, but some authorities did not enforce them. There were reports these policies created pressure on women with more than two children to use contraception, including permanent methods such as sterilization, or even termination of subsequent pregnancies. Certain states maintained government reservations for government jobs and subsidies for adults with no more than two children and reduced subsidies and access to health care for those who have more than two.

To counter sex selection, almost all states introduced “girl child promotion” plans to promote the education and well-being of girls, some of which required a certificate of sterilization for the parents to collect benefits.

Discrimination: The law prohibits discrimination in the workplace and requires equal pay for equal work, but employers reportedly often paid women less than men for the same job, discriminated against women in employment and credit applications, and promoted women less frequently than men.

Many tribal land systems, including in Bihar, deny tribal women the right to own land. Other laws or customs relating to the ownership of assets and land accord women little control over land use, retention, or sale.

In February, Minister of Women and Child Development Smriti Irani told the lower house of parliament the sex ratio at birth was showing “improving trends” and increased from 918 to 931 per 1,000 live births at the national level between 2014 and 2019. Additionally, 395 of 640 districts, according to the 2011 census, showed improvements in the sex ratio during the same period.

According to media reports, the taboo and fear of giving birth to a girl child drove some women toward sex-selective abortion or attempts to sell the baby. Dowry, while illegal, carried a steep cost, sometimes bankrupting families. Women and girl children were ostracized in some tribal communities.

Children

Birth Registration: The law establishes state government procedures for birth registration. UNICEF estimated authorities registered 58 percent of national births each year. Children lacking citizenship or registration may not be able to access public services, enroll in school, or obtain identification documents later in life.

Education: The constitution provides free education for all children from ages six to 14, with a compulsory education age through age 15, but the government did not always comply with this requirement. The World Economic Forum’s 2018 Gender Gap Report revealed that enrollment rates for both male and female students dropped by nearly 30 percent between primary and secondary school. Additionally, the report found that, while girls had a slight lead in primary and secondary education enrollment rates, boys had greater educational attainment at all levels.

Data from NGO Pratham’s 2019 Annual Status of Education Report (Rural) noted in January that when there was a paucity of resources and parents had to choose which child to invest in, they chose to provide “better quality” education to sons in the family.

According to UNICEF, more than 60 percent of secondary-school-age children with disabilities did not attend school. Additionally, since the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.

Child Abuse: The law prohibits child abuse, but it does not recognize physical abuse by caregivers, neglect, or psychological abuse as punishable offenses. Although banned, teachers often used corporal punishment.

The India Child Protection Fund reported increased incidences of cyber or sexual abuse involving children (such as increased consumption of child pornography). With children spending more time indoors and online, often without supervision, especially during the COVID-19 pandemic, the report expressed concern that children were more vulnerable to online sexual predators.

On June 28, Kerala police arrested 47 persons across the state as a result of a large-scale investigation into online child sexual exploitation. According to a senior police official, there was a 120 percent increase in child sexual exploitation cases during the national lockdown in Kerala.

In July child rights advocates released Rights of Children in the Time of COVID-19, which contained sector-specific recommendations for state action to protect the rights of children during the pandemic. The release of the report was attended by two recently retired justices of the Supreme Court and various government officers and child rights experts and endorsed by 212 individuals and organizations.

The government sponsored a toll-free 24-hour helpline for children in distress. From January through July, the national CHILDLINE hotline for children in distress received more than 39,490 calls from the southern states of Karnataka, Kerala, and Tamil Nadu. The CHILDLINE officials noted calls concerned shelter, medical aid, child marriage, and the abuse of children.

On February 25, the Madras High Court reversed a prior lower court judgment that exonerated two teachers from allegations of sexual harassment. The court sentenced G. Nagaraj and G. Gugazhenthi to prison for three and five years, respectively, for sexually harassing several female adolescent students.

Child, Early, and Forced Marriage: The law sets the legal age of marriage for women at 18 and men at 21, and it empowers courts to annul early and forced marriages. The law does not characterize a marriage between a girl younger than 18 and a boy younger than 21 as illegal, but it recognizes such unions as voidable. The law also sets penalties for persons who perform, arrange, or participate in child marriages. Authorities did not consistently enforce the law nor address girls who were raped being forced into marriage.

In June the government constituted a task force to review the increase of the minimum permissible age for marriage of girls from 18 to 21 years. Prime Minister Modi made a special announcement of the government’s review, and there was significant advocacy against the proposal by women and child rights advocates who believed the change would limit young adults’ autonomy. Additionally, critics believed the proposal did not address the core issues regarding child marriage, such as extreme poverty and lack of education.

The law establishes a full-time child-marriage prohibition officer in every state to prevent child marriage. These individuals have the power to intervene when a child marriage is taking place, document violations of the law, file charges against parents, remove children from dangerous situations, and deliver them to local child-protection authorities.

Although the UN Population Fund (UNFPA) State of World Population 2020 report showed a decline in child marriages over the past decade, UN demographers feared the COVID-19 pandemic would have adverse effects on this progress. According to media reports, West Bengal saw more than 500 cases of child marriage between March and June during the COVID-19 national lockdown. Officials reported that in most cases underage girls were forced to marry because of their family’s loss of earnings and financial distress caused by the lockdown.

Senior officials from Karnataka’s State Commission for Protection of Child Rights reported more than 100 child marriages were conducted in the state during the national lockdown. According to a commission senior official, there were more than 550 complaints of child marriages.

Media and children’s’ rights activists believed child marriages increased in Maharashtra during the pandemic. Santosh Shinde, a former member of Maharashtra’s State Commission for Protection of Child Rights, told media more than 200 cases of child marriage were reported between March and June. Shinde said that 90 percent of these marriages were averted with the help of local authorities and vigilant local citizens. Other activists echoed the increased economic vulnerability of children due to the pandemic and the push for families to marry off their preteen daughters largely for economic benefits.

Sexual Exploitation of Children: The law prohibits child pornography and sets the legal age of consent at 18. It is illegal to pay for sex with a minor, to induce a minor into prostitution or any form of “illicit sexual intercourse,” or to sell or buy a minor for the purposes of prostitution. Violators are subject to 10 years’ imprisonment and a fine.

The law provides for at least one special court dedicated to sexual offenses against children (POCSO courts) to be set up in each district, although implementation of this provision lagged. In a December 2019 judgment, the Supreme Court gave a 60-day deadline to set up such courts in all districts with more than 100 pending cases of child sexual abuse.

Civil society welcomed these improvements in prosecution of sexual crimes against children; however, critics raised concern regarding the law for the potential to criminalize adolescents engaging in consensual sexual behavior. NCRB data showed that the number of 16- to 18-year-old “victims” under the POCSO Act was higher than the number of child victims from all the other age groups. The result of this trend was that a number of adolescent boys entered the juvenile justice system charged with rape.

On March 13, the Ministry of Women and Child Development published new rules to protect children from sexual offenses. The rules provide for speedier compensation, increasing public awareness about CHILDLINE services, and providing legal aid assistance. In addition the rules provide a directive to state governments to enact a child protection policy to ensure the prohibition of violence against children. A new provision that directs immediate financial help to victims of child sexual abuse by the Child Welfare Committees was also introduced. NGOs noted the procedure was not being implemented in a regular fashion by the committees.

In June the Delhi High Court held it is mandatory to issue notice to a complainant to ensure their presence in every bail application filed by the accused in their case. This ensures the complainant is informed of the proceedings and gets an opportunity to argue against bail. Other high courts were following suit. For instance, in July the Orissa High Court issued similar directions to the POCSO courts operating under its jurisdiction.

In June the Delhi High Court held that under the POCSO Act, 2012, and the POCSO Rules, 2020, there is no bar on a victim applying for monetary compensation more than once if their circumstances required. This was significant, since legal cases typically last for years, and a victim’s needs may grow as time passes.

The West Bengal High Court criticized the state police for not completing investigations on time in POCSO cases, a practice that led to automatic bail for the accused persons. The court directed that despite the COVID-19 pandemic, investigations must be completed on time so that the accused persons do not benefit from a delay on the part of police. A similar problem was noted in other states as well, for instance in Bihar and Delhi.

The Kerala High Court observed police officials investigating POCSO cases lacked training and related sensitivity required to handle matters pertaining to cases of child sex abuse. Collection of evidence often did not consider the trauma that the victim suffered, further deteriorating the quality of the investigation process.

Media report instances of authorities not registering cases of child sexual abuse when they are first reported. In August a POCSO court in Kerala issued a notice to police for not registering a case against doctors who knew of a child sexual abuse case but did not report it to police.

There was a continued focus on providing speedy justice to victims of sexual abuse. A 2016 study by the NGO Counsel to Secure Justice highlighted a large number of child sexual abuse cases were pending trial or delayed in trial.

Displaced Children: Displaced children, including refugees, IDPs, and street children, faced restrictions on access to government services (see also section 2.d.).

Institutionalized Children: Lax law enforcement and a lack of safeguards encouraged an atmosphere of impunity in several group homes and orphanages.

In 2018 the National Commission for the Protection of Child Rights estimated 1,300 of the country’s approximately 9,000 shelters for vulnerable individuals were not registered with the government and operated with little or no oversight. In several cases government-funded shelter homes continued to operate despite significant gaps in mandatory reporting and allegations of abuse, at times due to alleged political connections. Police documented at least 156 residents, including sex trafficking victims, missing from six shelters as of March; at least one shelter owner had reportedly sold some of the women and girls for prostitution.

In April the Supreme Court directed state governments to improve the handling of the COVID-19 crisis among institutionalized children. The states were asked to file detailed reports, and various guidelines were issued to different child-care institutions on how to deal with the pandemic-induced crisis.

On June 24, the All India Democratic Women’s Association submitted a memorandum to the NHRC regarding the COVID-19 outbreak in the government-run shelter home for girls in Kanpur, Uttar Pradesh. Fifty-seven minor girls tested positive for the virus, five of whom were also found to be pregnant. The women’s association asserted poor handling of the first cases of COVID-19 in the shelter home, extreme overcrowding, and poor sanitary conditions exacerbated the spread of the virus and pointed to the neglect of the state government. The association, NHRC, and state commission for women demanded proper treatment for the girls and detailed reports regarding the case.

In January the Supreme Court revised the Juvenile Justice (Care and Protection of Children) Act, 2015 to prevent fewer children being tried as adults. The Supreme Court ruled that children can be tried as an adult only for “heinous” crimes that have a minimum punishment of seven years. In view of this judgment, the Juvenile Justice Board may conduct a preliminary assessment into a child’s mental and physical capacity to decide whether the child should be tried as an adult.

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

Anti-Semitism

Jewish groups from the 4,650-member Jewish community cited no reports of anti-Semitic acts during the year.

Trafficking in Persons

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

Persons with Disabilities

The constitution does not explicitly mention disability. The law provides equal rights for persons with a variety of disabilities, and a 2016 law increased the number of recognized disabilities, including persons with Parkinson’s disease and victims of acid attacks. The law set a two-year deadline for the government to provide persons with disabilities with unrestricted free access to physical infrastructure and public transportation systems.

The law also reserves 3 percent of all educational places and 4 percent of government jobs for persons with disabilities. The government allocated funds to programs and NGOs to increase the number of jobs filled. In 2017 a government panel decided that private news networks must accompany public broadcasts with sign language interpretations and closed captions to accommodate persons with disabilities.

Despite these efforts, problems remained. Private-sector employment of persons with disabilities remained low, despite governmental incentives. Discrimination against persons with disabilities in employment, education, and access to health care was more pervasive in rural areas, and 45 percent of the country’s population of persons with disabilities were illiterate. There was limited accessibility to public buildings.

The Ministry of Health and Family Welfare estimated 25 percent of individuals with mental disabilities were homeless. Mainstream schools remained inadequately equipped with teachers trained in inclusive education, resource material, and appropriate curricula. Patients in some mental-health institutions faced food shortages, inadequate sanitary conditions, and lack of adequate medical care. HRW reported women and girls with disabilities occasionally were forced into mental hospitals against their will.

Members of National/Racial/Ethnic Minority Groups

The constitution prohibits caste discrimination. The registration of castes and tribes continued for the purpose of affirmative action programs, as the federal and state governments continued to implement programs for members of lower-caste groups to provide better-quality housing, quotas in schools, government jobs, and access to subsidized foods. The UN’s 2020 Multidimensional Poverty Index noted approximately 273 million individuals moved out of multidimensional poverty during the past 10 years. Previous reports showed Muslims, members of the Scheduled Tribes, and Dalits experienced the greatest reduction in poverty. Discrimination based on caste, however, remained prevalent, particularly in rural areas. Critics claimed many of the programs to assist the lower castes suffered from poor implementation, corruption, or both.

The term Dalit, derived from Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest of the Scheduled Castes. According to the 2011 census, Scheduled Caste members constituted 17 percent of the population (approximately 200 million persons).

Although the law protects Dalits, there were numerous reports of violence and significant discrimination in access to services, such as health care, education, access to justice, freedom of movement, access to institutions (such as temples), and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits, and those who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without monetary remuneration. Reports from the UN Committee on the Elimination of Racial Discrimination described systematic abuse of Dalits, including extrajudicial killings and sexual violence against Dalit women. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.

Several incidents of discrimination, atrocities, and insults against Dalits were reported in Andhra Pradesh during the year. On July 31, Kula Vivaksha Porata Samithi, an anticaste discrimination organization, alleged 150 such incidents occurred in the state during the previous four months.

On July 20, police in Andhra Pradesh summoned I. Vara Prasad, a 23-year-old Dalit, to the police station in connection with a dispute in his village and allegedly beat him and shaved his head and moustache, which are considered symbolic acts to insult Dalits. A subinspector and two constables were suspended and arrested under various sections of the penal code and Schedules Castes and Scheduled Tribes Atrocities (Prevention) Act.

NGOs reported Dalit students were sometimes denied admission to certain schools because of their caste, required to present caste certification prior to admission, barred from morning prayers, asked to sit in the back of the class, or forced to clean school toilets while being denied access to the same facilities. There were also reports teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.

Manual scavenging–the removal of animal or human waste by Dalits–continued despite its legal prohibition. HRW reported that children of manual scavengers faced discrimination, humiliation, and segregation at village schools. Their occupation often exposed manual scavengers to infections that affected their skin, eyes, and respiratory and gastrointestinal systems. Health practitioners suggested children exposed to such bacteria were often unable to maintain a healthy body weight and suffered from stunted growth.

Indigenous People

The constitution provides for the social, economic, and political rights of disadvantaged groups of indigenous persons. The law provides special status for indigenous individuals, but authorities often denied them their rights in practice.

In most of the northeastern states, where indigenous groups constituted the majority of the states’ populations, the law provides for tribal rights, although some local authorities disregarded these provisions. The law prohibits any nontribal person, including citizens from other states, from crossing a government-established inner boundary without a valid permit. No one may remove rubber, wax, ivory, or other forest products from protected areas without authorization. Tribal authorities must also approve the sale of land to nontribal persons.

In August the Chhattisgarh state government announced it would provide approximately $5,400 to the families of 32 tribe members who were killed by Maoist (Naxal) insurgents at a government relief camp in 2006. At that time local tribe members were forced into relief camps due to the conflict between the state-supported anti-Naxal vigilante group Salwa Judum and Maoists. The previous state government had granted assistance of approximately $1,300 to each victim’s family.

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

NGO activists reported heightened discrimination and violence against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community in the eastern area of the country during the COVID-19 lockdown.

LGBTI persons faced physical attacks, rape, and blackmail. LGBTI groups reported they faced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police committed crimes against LGBTI persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.

In December 2019 parliament passed the Transgender Persons (Protection of Rights) Act, which prohibits discrimination towards transgender persons in education, health care, employment, accommodation, and other matters related to public facilities and services. According to media reports, activists viewed parts of the act as violating the right to choose gender and erecting barriers for transgender individuals to be recognized. The provisions include a requirement of transgender persons to register with the government and provide proof of having undergone gender confirmation surgery to be recognized under the act.

On May 12, five transgender individuals brought a public-interest litigation case to the Kerala High Court in protest of the living conditions of transgender communities in the state during the national lockdown. On June 8, the Kerala High Court directed the state government to provide free medicine and access to medical treatment, as well as identity and ration cards, to members of the transgender community.

On July 2, media reported the minister of state for social justice and empowerment noted the government has a responsibility to formulate programs to support the livelihood of transgender persons according to clauses in the Transgender Persons (Protection of Rights) Act.

On August 24, the Orissa High Court ruled that same-sex partners have a right to live together, and by law the female partner has a right to seek protection in the case of separation. The court ruled this in a case of two women, one of whom exercised her right to “self-gender determination” under a 2014 Supreme Court verdict and preferred to be addressed as a male. The male partner filed a habeas corpus petition seeking restoration of his female partner, who had been confined by her family at home.

HIV and AIDS Social Stigma

The number of new HIV cases decreased by 57 percent over the past decade. According to official government records, there were 191,493 newly diagnosed cases in 2017. The epidemic persisted among the most vulnerable and high-risk populations that include female sex workers, men who have sex with men, transgender persons, and persons who inject drugs. UNAIDS 2018 data indicated that new HIV infections were declining among sex workers and men who have sex with men, although stigma related to key populations continued to limit their access to HIV testing and treatment. The data showed 79 percent of individuals were aware of their HIV status and 71 percent with HIV were on HIV treatment.

From April 2017 to March 2018, Telangana registered a 19 percent decline in new cases of HIV, compared with April 2016 to March 2017. According to a Telangana government official, HIV prevalence in Tamil Nadu, Telangana, and Andhra Pradesh was almost four times the national average.

According to the HIV Estimations 2017 report released by the National AIDS Control Organization, the eight states of Maharashtra, Andhra Pradesh, Karnataka, Telangana, Uttar Pradesh, Gujarat, Bihar, and West Bengal contributed almost two-thirds of annual HIV infections in the country.

The National AIDS Control Program prioritized HIV prevention, care, and treatment interventions for high-risk groups and advocated for the rights of persons with HIV. The National AIDS Control Organization worked actively with NGOs to train women’s HIV/AIDS self-help groups. Police engaged in programs to strengthen their role in protecting communities vulnerable to human rights violations and HIV.

In September 2018 the Ministry of Health announced the creation of rules to implement the 2017 HIV and AIDS (Prevention and Control) Bill in response to a public interest litigation filed with the Delhi High Court. The bill was designed to prevent discrimination in health care, employment, education, housing, economic participation, and political representation for those with HIV and AIDS.

Other Societal Violence or Discrimination

Societal violence based on religion and caste and by religiously associated groups continued to be a serious concern. Muslims and lower-caste Dalit groups continued to be the most vulnerable. Ministry of Home Affairs data for 2016-17 showed 703 incidents of communal (religious) violence occurred in which 86 persons were killed and 2,321 injured. According to the NHRC, there were 672 cases of discrimination and victimization against Scheduled Castes and 79 cases against minorities in 2018-19.

In April media reported state-run public Ahmedabad Civil Hospital set up segregated wards for Muslim and Hindu patients “as per [the] government decision” in a treatment facility for COVID-19 patients. Following media uproar and widespread criticism, the segregation of patients on the basis of faith was revoked, according to Muslim community sources.

In May the Rajasthan High Court granted bail to two of the four men accused in the 2018 attempted lynching of cattle trader Rakbar Khan, who later died in custody. Villagers reportedly assaulted Khan on suspicion of cow smuggling before authorities detained him. Police took four hours to transport Khan to a local hospital 2.5 miles away, reportedly stopping for tea along the way, according to media sources. Doctors declared Khan dead upon arrival.

On June 17, the Telangana High Court held the state police to account for arresting a “disproportionately high number of Muslims” for violating COVID-19 lockdown restrictions. The court noted police often used excessive force when enforcing the lockdown rules. For example, the court cited the case of a Muslim volunteer, arrested while distributing food to migrants, who required 35 stiches on his face due to police brutality. The court asked the state principal secretary for home and the director general of police to submit documentary evidence in support of their claim that action had been taken against police officials who used excessive force.

On July 14, the Untouchability Eradication Front of the Communist Party of India (Marxist) issued a report that identified 81 violent crimes against Dalits throughout Tamil Nadu, including rape and murder, during the national lockdown.

In November the Uttar Pradesh state government passed the Prohibition of Unlawful Conversion of Religious Ordinance, 2020, making forced religious conversion by marriage a criminal offense punishable by up to 10 years in prison and requiring individuals converting to another religion to notify authorities no later than 60 days prior. Opposition leaders, media, and civil society groups criticized the law as violating constitutional protections on freedom of religion and reinforcing derogatory stereotypes of Muslim men using marriage to coerce Hindu women into religious conversions, often referred to as “love jihad.” Media reports indicated the Uttar Pradesh state government filed several criminal cases against Muslim men after the passage of the law. In December the Madhya Pradesh state government passed similar legislation regulating interfaith couples and religious conversion.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join unions and to bargain collectively, although there is no legal obligation for employers to recognize a union or engage in collective bargaining. In the state of Sikkim, trade union registration was subject to prior permission from the state government. The law limits the organizing rights of federal and state government employees.

The law provides for the right to strike but places restrictions on this right for some workers. For instance, in export-processing zones (EPZs), a 45-day notice is required because of the EPZs’ designation as a “public utility.” The law also allows the government to ban strikes in government-owned enterprises and requires arbitration in specified “essential industries.” Definitions of essential industries vary from state to state. The law prohibits antiunion discrimination and retribution for involvement in legal strikes and provides for reinstatement of employees fired for union activity. In January approximately 25 million workers across the country went on a day-long strike to protest against the economic policies of the federal government.

Enforcement of the law varied from state to state and from sector to sector. Enforcement was generally better in the larger, organized-sector industries. Authorities generally prosecuted and punished individuals responsible for intimidation or suppression of legitimate trade union activities in the industrial sector. Civil judicial procedures addressed abuses because the Trade Union Act does not specify penalties for such abuses. Penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Specialized labor courts adjudicate labor disputes, but there were long delays and a backlog of unresolved cases.

Employers generally respected freedom of association and the right to organize and bargain collectively in the formal industrial sector but not in the larger, informal economy. Most union members worked in the formal sector, and trade unions represented a small number of agricultural and informal-sector workers. Membership-based organizations, such as the Self-Employed Women’s Association, successfully organized informal-sector workers and helped them to gain higher payment for their work or products.

An estimated 80 percent of unionized workers were affiliated with one of the five major trade union federations. Unions were independent of the government, but four of the five major federations were associated with major political parties.

State and local authorities sometimes impeded registration of unions, repressed independent union activity, and used their power to declare strikes illegal and force adjudication. Labor groups reported that some employers continued to refuse to recognize established unions, and some instead established “workers’ committees” and employer-controlled unions to prevent independent unions from organizing. EPZs often employed workers on temporary contracts. Additionally, employee-only restrictions on entry to the EPZs limited union organizers’ access.

In September parliament passed a series of labor laws that exempt tens of thousands of small firms from labor protections. The new laws link social benefits to the size of companies and raise the threshold from 100 to 300 workers for firms that must comply with new limitations on firings and business closures. The new threshold rescinds the rights to strike or receive benefits for workers at smaller firms. The reforms replaced 44 labor laws with four labor codes that labor experts predicted would further expand the informal-sector workforce, which had more than 400 million workers, where workers do not have formal contracts and benefits.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but forced labor, including bonded labor for both adults and children (see section 7.c.), remained widespread.

Enforcement and compensation for victims is the responsibility of state and local governments and varied in effectiveness. The government generally did not effectively enforce laws related to bonded labor or labor-trafficking laws, such as the Bonded Labor System (Abolition) Act. When inspectors referred violations for prosecution, court backlogs, inadequate preparation, and a lack of prioritization of the cases by prosecuting authorities sometimes resulted in acquittals. In addition, when authorities reported violations, they sometimes reported them to civil courts to assess fines and did not refer them to police for criminal investigation of labor trafficking.

Penalties under law varied based on the type of forced labor and included fines and prison terms; penalties were not commensurate with those for analogous serious crimes, such as kidnapping. For example, bonded labor is specifically criminalized under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which prescribes sufficiently stringent penalties, and the Bonded Labor System (Abolition) Act, which prescribes penalties that were not sufficiently stringent.

Authorities decreased investigations, prosecutions, and case convictions of traffickers and decreased victim identification efforts. NGOs estimated at least eight million trafficking victims in the country, mostly in bonded labor, and reported that police did not file reports in at least half of these cases. Authorities penalized some adult and child victims for crimes their traffickers compelled them to commit.

The Ministry of Labor and Employment reported the federally funded, state-run Centrally Sponsored Scheme assisted 11,296 bonded laborers from June 2016 through February 2020. Some NGOs reported delays of more than one year in obtaining release certificates for rescued bonded laborers. Such certificates were required to certify that employers had held them in bondage and entitled them to compensation under the law. The NGOs also reported that in some instances they failed to obtain release certificates for bonded laborers. The distribution of initial rehabilitation funds was uneven across states. The majority of bonded labor victim compensation cases remained tied to a criminal conviction of bonded labor. Since authorities often registered bonded labor cases as civil salary violations, convictions of the traffickers and full compensation for victims remained rare.

Bonded labor continued to be a concern in many states; however, no reliable statistics were available on the number of bonded laborers in the country. Most bonded labor occurred in agriculture. Nonagricultural sectors with a high incidence of bonded labor were stone quarries, brick kilns, rice mills, construction, embroidery factories, and beedi (hand-rolled cigarettes) production. Those from the most disadvantaged social strata were the most vulnerable to forced labor and labor trafficking.

On March 12, Karnataka law enforcement officials, in cooperation with the state’s human rights commission and a local NGO, rescued 50 bonded laborers from three plantations in Bengaluru. The rescued laborers were all from the Irular tribe (listed in the Schedule Castes and Tribes); at least 15 of those rescued were children. The owners of two plantations were arrested under laws prohibiting bonded labor and trafficking of persons.

In May, 67 bonded laborers were rescued from a brick kiln in Uttar Pradesh with the assistance of the NHRC and NGO Justice Ventures International. The rescued workers included women and children and were returned to their villages in Bihar.

In June, 12 members of a vulnerable tribal group in Telangana received compensation of 150,000 rupees (more than $2,000) each under the bonded labor rehabilitation assistance of the central government. These were part of the 45 bonded laborers rescued from an irrigation project site in 2018.

The Sumangali or “Provident Funds” scheme remained common in Tamil Nadu’s spinning mill industry, in which employers offer a lump sum for young women’s education at the end of multiyear labor contracts, which often amounted to bonded labor.

News media and NGOs reported several instances of migrants and bonded labor abandoned at workplaces without work or financial assistance from their employers during the COVID-19 lockdown. On June 1, the Telangana High Court directed the state government to arrange for food, shelter, and transportation for an estimated 150,000 workers stranded in the 810 brick kilns across the state. The petitioner pointed out that owners were mandated under the Inter State Migrant Workmen Act to arrange for transportation of the migrant workers, but this was not done in the case of brick kiln workers.

Scheduled Caste and Scheduled Tribe members lived and worked under traditional arrangements of servitude in many areas of the country. Although the central government had long abolished forced labor servitude, these social groups remained impoverished and vulnerable to forced exploitation, especially in Arunachal Pradesh.

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

c. Prohibition of Child Labor and Minimum Age for Employment

All of the worst forms of child labor were prohibited. The law prohibits employment of children younger than 14. The law also prohibits the employment of children between 14 and 18 in hazardous work. Children are prohibited from using flammable substances, explosives, or other hazardous material, as defined by the law. In 2017 the Ministry of Labor and Employment added 16 industries and 59 processes to the list of hazardous industries where employment of children younger than 18 is prohibited and where children younger than 14 are prohibited from helping, including family enterprises.

Despite evidence that children worked in unsafe and unhealthy environments for long periods of time in spinning mills, garment production, carpet making, and domestic work, not all children younger than 18 are prohibited from working in occupations related to these sectors. The law, however, permits employment of children in family-owned enterprises involving nonhazardous activities after school hours. Nevertheless, child labor remained common.

Law enforcement agencies took actions to combat child labor. State governments enforced labor laws and employed labor inspectors, while the Ministry of Labor and Employment provided oversight and coordination. Nonetheless, gaps existed within the operations of the state government labor inspectorate that might have hindered adequate labor law enforcement. Violations remained common. The law establishes penalties that are not commensurate with those for other analogous serious crimes, such as kidnapping, and authorities sporadically enforced them. The fines collected are deposited in a welfare fund for formerly employed children.

The International Labor Organization estimated there were 10 million child workers between ages five and 14 in the country. The majority of child labor occurred in agriculture and the informal economy, in particular in stone quarries, in the rolling of cigarettes, and in informal food service establishments. Children were also exploited in domestic service and in the sugarcane, construction, textile, cotton, and glass bangle industries in addition to begging.

Commercial sexual exploitation of children occurred (see section 6, Children). Nonstate armed groups recruited and used children as young as 12 to organize hostility against the government in Jammu and Kashmir, including Maoist and Naxalite groups. Nonstate armed groups sometimes forced children to handle weapons and explosive devices and used them as human shields, sexual slaves, informants, and spies.

Forced child labor, including bonded labor, also remained a serious problem. Employers engaged children in forced or indentured labor as domestic servants and beggars, as well as in quarrying, brick kilns, rice mills, silk-thread production, and textile embroidery.

In May, 900 children were rescued from bangle manufacturing factories in Jaipur by a local antitrafficking unit. Of the children, 25 were working as bonded laborers and the rest were engaged in child labor, all ages 10 to 13. They were malnourished and exhausted and alleged experiences of inhuman treatment and violence. In August, 47 child workers, including 13 girls, were rescued by the Jalandhar police from a rubber footwear factory. Most of the rescued children were migrants from other states and Nepal.

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  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

Provisions in the constitution and various laws and regulations prohibit discrimination based on race, sex, gender, disability, language, sexual orientation, gender identity, or social status with respect to employment and occupation. A separate law prohibits discrimination against individuals suffering from HIV/AIDs. The law does not prohibit employment discrimination against individuals with communicable diseases or based on color, religion, political opinion, national origin, or citizenship.

The law prohibits women from working in jobs that are physically or morally harmful, specifically the Factories Act 1948, Sections 27, 66, and 87, and the Bombay Shops and Establishments Act of 1948, Section 34-A, although the latter only applies to four states.

The government effectively enforced the law and regulations within the formal sector; however, penalties were not sufficient to defer violations. The law and regulations do not protect informal-sector workers (industries and establishments that do not fall under the purview of the Factories Act), who made up an estimated 90 percent of the workforce.

Discrimination occurred in the informal sector with respect to Dalits, indigenous persons, and persons with disabilities. Gender discrimination with respect to wages was prevalent. Foreign migrant workers were largely undocumented and typically did not enjoy the legal protections available to workers who are nationals of the country. The UN’s Committee on the Elimination of Discrimination Against Women raised concerns regarding the continued presence of sexual harassment and violence against women and girls and the repercussions on school and labor participation.

e. Acceptable Conditions of Work

Federal law sets safety and health standards, but state government laws set minimum wages, hours of work, and additional state-specific safety and health standards. The daily minimum wage varied but was more than the official estimate of poverty-level income. State governments set a separate minimum wage for agricultural workers. Laws on wages, hours, and occupational health and safety do not apply to the large informal sector.

The law mandates a maximum eight-hour workday and 48-hour workweek as well as safe working conditions, which include provisions for restrooms, cafeterias, medical facilities, and ventilation. The law mandates a minimum rest period of 30 minutes after every four hours of work and premium pay for overtime, but it does not mandate paid holidays. The law prohibits compulsory overtime and limits the amount of overtime a worker may perform. Occupational safety and health standards set by the government were generally up to date and covered the main industries in the country.

State governments are responsible for enforcing minimum wages, hours of work, and safety and health standards. The number of inspectors generally was insufficient to enforce labor law. Inspectors have the authority to make unannounced inspections and initiate sanctions. State governments often did not effectively enforce the minimum wage law for agricultural workers. Enforcement of safety and health standards was poor, especially in the informal sector, but also in some formal-sector industries. Penalties for violation of occupational safety and health standards were commensurate with those for crimes such as negligence.

To boost the economy following the COVID-19-induced lockdown, many state governments relaxed labor laws to permit overtime work beyond legislated limits. The state governments of Uttar Pradesh and Gujarat passed executive orders to suspend enforcement of most labor laws for a period of up to three years to promote industrial production.

Violations of wage, overtime, and occupational safety and health standards were common in the informal sector. Small, low-technology factories frequently exposed workers to hazardous working conditions. Undocumented foreign workers did not receive basic occupational health and safety protections. In many instances workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment.

Several states amended labor laws during the COVID-19 pandemic to allow industries to overcome the losses suffered during the lockdown while also claiming to protect the interests of workers. On May 29, the Odisha cabinet amended the Factories Act, 1948, and Industrial Disputes Act, allowing companies with a worker strength of up to 300 to terminate employment or close the units without prior approval from the government. The earlier limit was 100 workers. The government also allowed women to work during night shift hours of 7 p.m. to 6 a.m., with prior consent from the worker.

According to Geneva-based IndustriALL Global Union, more than 30 industrial accidents occurred in chemical plants, coal mines, steel factories, and boilers in power stations during May and June, claiming at least 75 lives. The organization stated “widespread use of contract workers, lack of safety inspections, inadequate penal action against safety violations and not fixing responsibility on the employer are some important factors contributing to the accidents.”

On May 7, a styrene gas leak from an LG Polymer chemical plant in Visakhapatnam, Andhra Pradesh, killed 11 persons and sickened more than 1,000. Preliminary investigations revealed the leak occurred due to a faulty gas valve. On July 7, state police arrested 12 individuals, including the company’s chief executive officer, after a probe determined poor safety protocols and a breakdown of emergency response procedures as reasons for the leak.

On July 2, four individuals died of asphyxiation in Thoothukudi District, Tamil Nadu, after entering a septic tank to remove clogged sewage. The homeowner who directed them to clean the tank was charged with negligence. A government survey in 2019 identified 206 deaths from cleaning sewers and septic tanks between 1993 and July 2019 in Tamil Nadu.

On August 1, a total of 11 workers died when a crane collapsed on them at a worksite in the government-owned Hindustan Shipyard in Visakhapatnam.

On August 21, nine workers, including seven employees of the state-owned power generation company, died in a fire accident in the Srisailam hydropower station in Telangana. A government committee assessed an electric short circuit caused the fire. Civil society activists alleged the accident was “a result of inadequate provisions in the design of the hydropower station building,” claiming “there is no evidence that the hydropower station was built to international standards.”

Macau

Read A Section: Macau

China | Hong KongTibet

EXECUTIVE SUMMARY

Macau is a Special Administrative Region of the People’s Republic of China. In 2017 residents elected 14 representatives to its Legislative Assembly. In accordance with the law, limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. Members of the security forces committed isolated abuses.

Significant human rights issues included: interference with the rights of peaceful assembly; restrictions on political participation; and trafficking in persons.

The government took steps to prosecute and punish officials who committed human rights abuses.

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

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

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

b. Disappearance

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

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

The law prohibits such practices, and there were no reports that government officials employed them.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: The law allows prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of alleged deficiencies. Judges and prosecutors visited prisons at least once a month to hear prisoner complaints.

Independent Monitoring: The government permits monitoring by independent nongovernmental observers. According to the government, no independent human rights observers requested or made any visit to the prison in the Special Administrative Region (SAR).

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. To supplement its 2009 National Security Law, improve external communications about national security, and promote law enforcement, in October the government developed new national security operations composed of four divisions: the National Security Information Division, National Security Crime Investigation Division, National Security Action Support Division, and National Security Affairs Integrated Service Division. The units are to participate in the chief executive-chaired National Security Commission’s policy research and legislative work. Opposition groups expressed concern that the government’s new divisions mirrored those mandated by the June Hong Kong National Security Law, which threatened freedom of expression under the umbrella of criminalizing secession, subversion, terrorism, and collusion with foreign or external forces.

Arrest Procedures and Treatment of Detainees

Authorities detained persons with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Authorities informed detainees promptly of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is in detention. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system. Complaints of police mistreatment may be made to the Macau Security Forces and Services Disciplinary Supervisory Committee, the Commission against Corruption, or the Office of the Secretary for Security. The Macau Security Forces and Services Disciplinary Supervisory Committee reports directly to the chief executive. The government also had a website for receiving named or anonymous complaints about irregular police activity or behavior.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right. A case may be presided over by one judge or a group of judges, depending on the type of crime and the maximum penalty involved.

Under the law defendants enjoy a presumption of innocence and have a right to appeal. The law provides that trials be public except when the court rules otherwise to “safeguard the dignity of persons, public morality, or to provide for the normal functioning of the court.” Defendants have the right to be informed promptly and in detail of the charges (with free interpretation), be present at their trials, confront witnesses, have adequate time to prepare a defense, not be compelled to testify or confess guilt, and consult with an attorney in a timely manner. The government provides public attorneys for those financially incapable of engaging lawyers or paying expenses of proceedings.

The SAR’s unique civil-code judicial system derives from the Portuguese legal system. The courts may rule on matters that are the responsibility of the government of the People’s Republic of China or concern the relationship between central authorities and the SAR, but before making their final judgment, which is not subject to appeal, the courts must seek an interpretation of the relevant provisions from the National People’s Congress Standing Committee. The Basic Law requires that courts follow the standing committee’s interpretations when cases intersect with central government jurisdiction, although judgments previously rendered are not affected, and when the standing committee makes an interpretation of the provisions concerned, the courts, in applying those provisions, “shall follow the interpretation of the Standing Committee.” As the final interpreter of the Basic Law, the standing committee also has the power to initiate interpretations of the Basic Law.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters, and citizens have access to a court to bring lawsuits seeking damages for a human rights violation.

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

The law prohibits such actions, and the government generally respected these prohibitions. New facial recognition capabilities were added to the public surveillance system, raising concerns among lawyers and prodemocracy legislators that the capabilities would reach beyond the legal scope. Prodemocracy advocates warned that the system may deter political activities.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, including for the Press

The law provides for freedom of expression, including for the press, but the government sometimes restricted this right.

Freedom of Speech: An amended law criminalizes some actions that disrespect the Chinese national anthem. In September the Legislative Assembly adopted a civil protection law, which criminalizes creating and spreading rumors with the intention to cause public unrest. Four lawmakers and others who opposed the law expressed concerns that it could restrict freedom of expression and speech.

Freedom of Press and Media, Including Online Media: Local media expressed a wide range of views, but the government took steps to restrict unfavorable news coverage. In March the Chinese government expelled journalists with three foreign news organizations from mainland China and prevented them from working in Hong Kong and Macau, prompting local media in both regions to express concern. In response the Macau Portuguese and English Press Association requested clarification of the journalists’ activities and the two territories’ inclusion in the ban to ensure that press freedom was upheld, as guaranteed by the Basic Law.

In October an international press exhibition with photographs of the 2019 Hong Kong prodemocracy protests was scheduled to run for three weeks in a local park but closed more than a week early without explanation. The early closure prompted speculation of political pressure that the Macau Portuguese and English Press Association said would be “a serious and worrying incident that signals an erosion of freedom of expression.”

Censorship or Content Restrictions: Media sometimes practiced self-censorship, in part because the government subsidized some media outlets.

Libel/Slander Laws: The SAR criminalizes libel, slander, and defamation. If such offenses are committed through the media or online, they are punishable by up to two years’ imprisonment.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content. Law enforcement entities may intercept communications under judicial supervision; there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

In January the Education and Youth Affairs Bureau director, according to media reports, stated that when discussing political unrest in Hong Kong, teachers should encourage diverse and objective analysis, rather than personal political views. Academics also reportedly practiced self-censorship.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government limited the freedom of peaceful assembly.

Freedom of Peaceful Assembly

The law requires prior notification, but not approval, of demonstrations involving public roads, public places, or places open to the public. Police may redirect demonstration marching routes, but organizers have the right to challenge such decisions in court. Civil rights advocates alleged that the conditions for assembly had become more restrictive due to procedural hurdles, including disallowing assemblies, recording protesters at close range, and detaining potential participants at protest sites. In May, SAR police disallowed an annual Tiananmen Square vigil, citing COVID-19 pandemic concerns, despite not having new cases in 42 days. Reacting to the first ban on the annual Tiananmen Square June vigil, which had been held for 30 years, opposition groups contended the government was “using administrative means to suppress freedom of expression and minimize the space for the civil society.”

Freedom of Association

The law provides for freedom of association, and the government generally respected this right. No authorization is required to form an association, and the only restrictions on forming an organization are that it not promote racial discrimination, violence, crime, or disruption of public order, or be military or paramilitary in nature.

c. Freedom of Religion

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

d. Freedom of Movement

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

The law grants police authority to deport or deny entry to nonresidents whom they regard under the law as unwelcome, a threat to internal security and stability, or possibly implicated in transnational crimes. As of October freedom of movement was restricted due to COVID-19-related border closures, but there were no reports authorities used the restrictions for other than public health concerns.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government communicated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations regarding the few applicants for refugee or asylum status.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Persons granted refugee status would ultimately enjoy the same rights as other SAR residents.

Pending final decisions on their asylum claims, the government registered asylum seekers and provided protection against their expulsion or return to their countries of origin. There were few applicants for refugee or asylum status and no successful applicants. Persons with pending applications were eligible to receive government support, including basic needs such as housing, medical care, and education for children, but they were not allowed to work until their refugee status was granted.

Section 3. Freedom to Participate in the Political Process

The law limits voters’ ability to change their government through free and fair periodic elections because there was no universal suffrage in elections for the majority of elected positions. Only a small fraction of citizens played a role in the selection of the chief executive, who was chosen in August 2019 by a 400-member election committee consisting partially of 344 members elected from four broad societal sectors: the industrial, commercial, and financial sectors; the cultural, educational, and professional sectors; the sports sector; and labor, social services, religious, and other sectors. The remaining 56 members were chosen from and by the SAR’s legislators and representatives to the National People’s Congress and the Chinese People’s Political Consultative Conference.

Elections and Political Participation

Recent Elections: In August 2019 a 400-member election committee selected Ho Iat-seng to be chief executive. Ho was unopposed and received 98 percent of the vote. The most recent general election for the 14 directly elected seats in the 33-member Legislative Assembly occurred in 2017, with all Macau voters able to vote for candidate lists and seats, which were then allocated based on a proportional representation system. The election for these seats was generally free and fair. There were no reports of the government unduly restricting the list of candidates. In accordance with the law, limited franchise functional constituencies, which represent individual industries and social sectors, elected 12 Legislative Assembly representatives, and the chief executive appointed the remaining seven.

Political Parties and Political Participation: The SAR has no laws on political parties. Politically active groups registered as societies or limited liability companies were active in promoting their political agendas. Those critical of the government generally did not face restrictions, but persons seeking elected office must swear to uphold the Basic Law. Prodemocracy organizations criticized the chief executive election process as unrepresentative and undemocratic, as more than half of the legislature and the municipal districts were not directly elected.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, and they did participate. Six of the 33 Legislative Assembly members were women.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Corruption: The government’s Commission against Corruption investigated the public and private sectors and had the power to arrest and detain suspects. The Ombudsman Bureau within the commission reviewed complaints of mismanagement or abuse by the commission. An independent monitoring committee outside the commission accepted and reviewed complaints about commission personnel. In December a commission investigation found no government “illegalities or maladministration” in the reclamation of 74 idle land parcels in previous years but stated the previous Land, Public Works, and Transport Bureau management had failed to inspect and monitor concessionaires’ compliance with provisional contracts for those parcels.

Financial Disclosure: By law the chief executive, judges, members of the Legislative Assembly and Executive Council, and executive agency directors must disclose their financial interests upon appointment, promotion, retirement, and at five-year intervals while encumbering the same position. The information is available to the public on the website of the Macau courts. The law states that if the information contained in the declaration is intentionally incorrect, the declarant shall be liable to a maximum imprisonment of three years or a minimum fine equal to six months’ remuneration of the position held. Furthermore, the declarant may be prohibited from appointment to public office or performing public duties for a maximum of 10 years.

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

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

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

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence, but the domestic-violence law does not cover same-sex couples. The rate of investigation for domestic-violence cases was low, with police initiating investigations in only 17 of the 107 cases of domestic violence reported to them in 2019, according to official statistics. Domestic-violence law stipulates that a judge may order urgent coercive measures imposed upon the defendant individually or cumulatively, and the application of these measures does not preclude the possibility of prosecuting the perpetrators for criminal responsibilities as stipulated in the criminal code.

The government made referrals for victims to receive medical treatment, and social workers counseled victims and informed them of social welfare services. The government funded nongovernmental organizations to provide victim support services, including medical services, family counseling, and housing, until their complaints were resolved.

Sexual Harassment: The law criminalizes physical sexual harassment, but verbal and noncontact harassment are not covered by the law. Persons convicted of sexual harassment may be imprisoned for up to one year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; to manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. There were no legal, social, or cultural barriers, or government policies, that restricted access to contraception or to skilled health attendance during pregnancy and childbirth.

The government provides access to sexual and reproductive health services for sexual violence survivors.

During the year virtually all births were attended by skilled health personnel. In 2019 the adolescent (age 15-19) birth rate was two per thousand. The Health Bureau offers full support services for family planning needs.

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

Discrimination: Equal opportunity legislation mandates that women receive equal pay for equal work. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines and the government generally enforced the law effectively. Media reports, however, indicated that discrimination persisted and gender differences in occupation existed, with women concentrated in lower-paid sectors and lower-level jobs.

Children

Birth Registration: According to the Basic Law, children of Chinese national residents of the SAR who were born inside or outside the SAR and children born to non-Chinese national permanent residents inside the SAR are regarded as permanent residents. There is no differentiation between these categories in terms of access to registration of birth. Most births were registered immediately.

Child, Early, and Forced Marriage: The minimum legal age of marriage is age 16; however, children from ages 16 to 18 who wish to marry must obtain approval from their parents or guardians.

Sexual Exploitation of Children: The law specifically provides for criminal punishment for sexual abuse of children and students, statutory rape, and procurement involving minors. The criminal code sets 14 years as the age of sexual consent. The law forbids procurement for prostitution of a person younger than age 18. The law also prohibits child pornography. The government generally enforced these laws effectively, but there were concerns about the exploitation of minors in commercial sex.

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

Anti-Semitism

The Jewish population was extremely small. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The law mandates access to buildings, public facilities, information, and communications for persons with disabilities. The government enforced the law effectively.

Members of National/Racial/Ethnic Minority Groups

There were reports of societal discrimination against members of ethnic minority groups, and the law did not fully define and criminalize racial discrimination.

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

The law prohibits discrimination in employment on the grounds of sexual orientation; however, the law does not prohibit discrimination based on sexual orientation in other areas, such as housing.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards union leaders. The law does not stipulate the financial penalties for antiunion discrimination and cannot be compared to other laws involving denials of civil rights, such as discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Observers previously noted these penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours. The government investigated trafficking cases (which typically total one or two annually), but there were no convictions during the year.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors who are age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations serve to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB enforced the law through periodic and targeted inspections, and prosecuted violators. Penalties fall under the labor ordinance and are financial; thus these are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, then the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

In November the government put into effect a minimum wage law that excludes disabled workers and domestic workers. The government justified the exclusion based on other benefits received and for the domestic workers, a pre-established minimum rate and housing allowance. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines, and the government generally enforced the law effectively. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In January security companies disclosed informal government requests to hire ethnic Chinese security guards. According to official statistics, at the end of July, nonresident workers accounted for approximately 30 percent of the population. They frequently complained of discrimination in workplace hiring and wages.

In March the chief executive ordered a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. In April the Legislative Assembly passed a law guaranteeing a minimum wage of 32 patacas ($4) per hour for all employees except for domestic workers and persons with disabilities. The SAR does not calculate an official poverty line. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, and medical and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. It was not clear whether penalties were sufficient to deter violations. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime laws are part of the labor ordinance, which is civil, and involve a financial penalty that is not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment.

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Macau

Read A Section: Macau

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EXECUTIVE SUMMARY

Macau is a Special Administrative Region of the People’s Republic of China. In September residents elected 14 representatives from an approved candidate pool to its Legislative Assembly. Limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven representatives in the 33-seat legislature. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed isolated abuses.

Significant human rights issues included the existence of criminal libel laws and credible reports of: substantial interference with the right of peaceful assembly; inability of citizens to change their government peacefully through free and fair elections; serious restrictions on political participation, including the disqualification of prodemocracy candidates in elections; and trafficking in persons.

The government took steps to prosecute and punish officials who committed human rights abuses or engaged in corruption.

Section 3. Freedom to Participate in the Political Process

The law limits voters’ ability to change their government through free and fair periodic elections because there was no universal suffrage in elections for most elected positions. Only a small fraction of citizens played a role in the selection of the chief executive, who was chosen in August 2019 by a 400-member election committee consisting partially of 344 members elected from four broad societal sectors: the industrial, commercial, and financial sectors; the cultural, educational, and professional sectors; the sports sector; and labor, social services, religious, and other sectors. The remaining 56 members were chosen from and by the SAR’s legislators and representatives to the National People’s Congress and the Chinese People’s Political Consultative Conference.

Elections and Political Participation

Recent Elections: On September 12, the SAR held general elections for the 14 directly elected seats in the 33-member Legislative Assembly, with all Macau voters able to vote for candidate lists and seats, which were then allocated based on a proportional representation system. The elections were not generally free and fair, as the government disqualified all prodemocracy politicians from running. Only one moderate current legislator was allowed to run. By law limited-franchise functional constituencies, which represent individual industries and social sectors, elected 12 Legislative Assembly representatives, and the chief executive appointed the remaining seven. In 2019 a 400-member election committee selected Ho Iat-seng to be chief executive. Ho was unopposed.

Political Parties and Political Participation: The SAR has no laws on political parties. Politically active groups registered as societies or limited liability companies were active in promoting their political agendas. Those seeking elected office must swear their allegiance to Macau and to uphold the Basic Law. Those critical of the government faced restrictions and were disqualified from running in the most recent election. All 21 prodemocracy candidates, including two sitting legislators, were banned from participating in the September Legislative Assembly elections. Some of the disqualified contenders expressed fear of further political reprisals.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of historically marginalized or minority groups in the political process, and they did participate. Five of the 33 Legislative Assembly members were women.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Corruption: The government’s Commission against Corruption investigated the public and private sectors and had the power to arrest and detain suspects. The Ombudsman Bureau within the commission reviewed complaints of mismanagement or abuse by the commission. An independent monitoring committee outside the commission accepted and reviewed complaints about commission personnel.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right, and no strikes occurred. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards labor leaders. The law does not stipulate the financial penalties for antiunion discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

Government and employers did not respect collective bargaining and freedom of association in practice. Government influenced the selection of association officials and interfered in the functioning of workers’ organizations. Penalties for violations were not commensurate with those for other similar violations and were seldom applied.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law. The government investigated trafficking cases, which typically total one or two annually, but during the year recorded no new investigations. There were no convictions during the year.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt-based coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations served to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB was responsible for enforcing the law through periodic and targeted inspections and prosecutions but did so inconsistently. LAB operations were adequately resourced, but prosecutions for labor trafficking fell to zero, and the Public Prosecutions Office was unable to convict any traffickers during the year.

Penalties for noncompliance with minimum wage law and child labor provisions fall under the labor ordinance and are financial; they are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. It does not address HIV/AIDS or refugee status. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

The government excludes persons with disabilities and domestic workers from the minimum wage law. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. The government generally enforced the law effectively in response to complaints via hotlines and online platforms. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In February Secretary for Security Wong Sio-chak stated that nonresident workers do not have the same absolute rights as guaranteed under the Basic Law when explaining why a Burmese nonresident’s request to organize a protest against the military coup in Burma was rejected.

As of December the SAR maintained a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest,” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Wage and Hour Laws: Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. The SAR does not calculate an official poverty line, but the minimum wage was well above the World Bank’s poverty line of $1.90 per day. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, health care, and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime and wage laws are part of the labor ordinance, which is civil, and involve a financial penalty that was not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

Occupational Safety and Health: The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Inspectors were authorized to conduct unannounced visits and levy sanctions. Inspectors, and not the worker, were responsible for identifying dangerous working conditions. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment. The most hazardous sector of the SAR’s economy was the construction industry; work-related accidents in 2020 (mostly on construction sites) caused 14 deaths and rendered 24 workers permanently disabled. The fatal work injury rate was 10.7 fatalities per 1,000 full-time equivalent workers in 2020. In separate incidents in August and November, two construction workers died after falls from the scaffolding on casino construction sites.

Russia

Executive Summary

The Russian Federation has a highly centralized, authoritarian political system dominated by President Vladimir Putin. The bicameral Federal Assembly consists of a directly elected lower house (State Duma) and an appointed upper house (Federation Council), both of which lack independence from the executive. The 2016 State Duma elections and the 2018 presidential election were marked by accusations of government interference and manipulation of the electoral process, including the exclusion of meaningful opposition candidates. On July 1, a national vote held on constitutional amendments did not meet internationally recognized electoral standards.

The Ministry of Internal Affairs, the Federal Security Service, the Investigative Committee, the Office of the Prosecutor General, and the National Guard are responsible for law enforcement. The Federal Security Service is responsible for state security, counterintelligence, and counterterrorism, as well as for fighting organized crime and corruption. The national police force, under the Ministry of Internal Affairs, is responsible for combating all crime. The National Guard assists the Federal Security Service’s Border Guard Service in securing borders, administers gun control, combats terrorism and organized crime, protects public order, and guards important state facilities. The National Guard also participates in armed defense of the country’s territory in coordination with Ministry of Defense forces. Except in rare cases, security forces generally report to civilian authorities. National-level civilian authorities have, at best, limited control over security forces in the Republic of Chechnya, which are accountable only to the head of Chechnya, Ramzan Kadyrov. Members of the Russian security forces committed numerous human rights abuses.

The country’s occupation and purported annexation of Ukraine’s Crimean Peninsula continued to affect the human rights situation there significantly and negatively. The Russian government continued to arm, train, lead, and fight alongside Russia-led separatist forces in eastern Ukraine. Credible observers attributed thousands of civilian deaths and injuries, as well as numerous abuses, to Russian-led forces in Ukraine’s Donbas region (see the Country Reports on Human Rights Practices for Ukraine). Authorities also conducted politically motivated arrests, detentions, and trials of Ukrainian citizens in Russia, many of whom claimed to have been tortured.

Significant human rights issues included: extrajudicial killings and attempted extrajudicial killings, including of lesbian, gay, bisexual, transgender, and intersex persons in Chechnya by local government authorities; enforced disappearances; pervasive torture by government law enforcement officers that sometimes resulted in death and occasionally involved sexual violence or punitive psychiatric incarceration; harsh and life-threatening conditions in prisons; arbitrary arrest and detention; political and religious prisoners and detainees; politically motivated reprisals against individuals located outside the country; severe arbitrary interference with privacy; severe suppression of freedom of expression and media, including the use of “antiextremism” and other laws to prosecute peaceful dissent and religious minorities; violence against journalists; blocking and filtering of internet content and banning of online anonymity; severe suppression of the right of peaceful assembly; severe suppression of freedom of association, including overly restrictive laws on “foreign agents” and “undesirable foreign organizations”; severe restrictions of religious freedom; refoulement of refugees; inability of citizens to change their government peacefully through free and fair elections; severe limits on participation in the political process, including restrictions on opposition candidates’ ability to seek public office and conduct political campaigns, and on the ability of civil society to monitor election processes; widespread corruption at all levels and in all branches of government; lack of investigation of and accountability for violence against women; coerced abortion and forced sterilization; trafficking in persons; and crimes involving violence or threats of violence against persons with disabilities, members of ethnic minorities, and lesbian, gay, bisexual, transgender, and intersex persons.

The government failed to take adequate steps to identify, investigate, prosecute, or punish most officials who committed abuses, resulting in a climate of impunity.

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

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

There were several reports the government or its agents committed, or attempted to commit, arbitrary or unlawful killings. Impunity was a significant problem in investigating whether security force killings were justifiable (see section 1.e.).

Opposition activist and anticorruption campaigner Aleksey Navalny was poisoned on August 20 with a form of Novichok, a nerve agent that was also used in the 2018 attack on former Russian intelligence officer Sergey Skripal in the United Kingdom. After campaigning in Siberia for independent candidates for local elections, Navalny became severely ill and fell into a coma. The Federal Security Service (FSB) was tracking and surveilling Navalny during his stay in Tomsk. On August 21, officials at the Omsk hospital where Navalny was initially treated claimed they found no traces of poison in his system. Navalny was transferred to a hospital in Germany on August 22; on September 2, the German government announced that traces of a nerve agent from the “Novichok” group had been found in samples taken from Navalny. At Germany’s request the Organization for the Prohibition of Chemical Weapons (OPCW) conducted a technical assistance visit, which confirmed that Navalny was exposed to a nerve agent belonging to the “Novichok” group.

Credible reports indicated that officers from Russia’s FSB used a nerve agent to poison Navalny. The G7 industrialized democracies bloc and NATO countries condemned Navalny’s confirmed poisoning and called on Russia to bring the perpetrators to justice. At the November 30 OPCW Conference of States Parties, 58 countries issued a statement urging Russia to disclose “in a swift and transparent manner the circumstances of this chemical weapons attack.” Russian authorities stated there are no grounds to open a criminal investigation into the poisoning, despite Navalny’s requests that they do so.

Credible nongovernmental organizations (NGOs) and independent media outlets published reports indicating that from December 2018 to January 2019, local authorities in the Republic of Chechnya renewed a campaign of violence against individuals perceived to be members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. According to the NGO Russian LGBT Network, local Chechen authorities illegally detained and tortured at least 40 individuals, including two who reportedly died in custody from torture. According to human rights organizations, as of September authorities failed to investigate the allegations or reports of extrajudicial killings and mass torture of LGBTI persons in Chechnya and continued to deny there were any LGBTI persons in Chechnya.

There were multiple reports that, in some prison colonies, authorities systematically tortured inmates (see section 1.c.), in some cases resulting in death or suicide. According to media reports, on April 10, prisoners in Penal Colony Number 15 (IK-15) in Angarsk rioted after a prison employee beat one of the inmates, leading him to make a video about his ordeal and slash his veins in a failed suicide attempt. Afterwards, 17 other inmates slashed their veins as well, then set fire to parts of the penal colony. The Federal Penitentiary Service sent in approximately 300 special force officers, who beat the inmates, doused them with water, and set dogs on them. Human rights activists reported that two inmates were killed during the clashes and called for an investigation. On April 14, Justice Minister Konstantin Chuychenko told media that the riot in IK-15 had been organized from the outside by individuals who had paid “so-called human rights activists” to “stir things up in the media.” Officials confirmed that they found the body of an inmate who had been strangled and hanged. According to media reports, the inmate who made the video that set off the riots later retracted his statement that he had been beaten by a prison employee.

Although Deputy Defense Minister Andrey Kartapolov announced on August 26 that hazing and “barracks hooliganism” in the armed forces had been completely eradicated, physical abuse and hazing, which in some cases resulted in death or suicide, continued to be a problem. For example, on June 21, Russian media reported that Aleksandr Tatarenko, a soldier in a Primorsky region military unit, deserted his post, leaving a suicide note indicating hazing as the reason. After two months, Tatarenko was found living under a bridge while hiding from his unit. Tatarenko’s parents filed a complaint on hazing with the Military Prosecutor’s Office.

In February government spokesperson Dmitriy Peskov dismissed calls for an international investigation into the 2015 killing of opposition leader Boris Nemtsov, telling journalists that such an investigation would not be permitted on the territory of the Russian Federation. Human rights activists and the Nemtsov family continued to believe that authorities were intentionally ignoring the question of who ordered and organized the killing and noted that these persons were still at large.

There were reports that the government or its proxies committed, or attempted to commit, extrajudicial killings of its opponents in other countries. For example, on January 30, blogger Imran Aliyev was found dead in a hotel room in Lille, France, having been stabbed 135 times. Aliyev, who had settled in Belgium after leaving Chechnya, often published YouTube videos critical of Chechnya head Ramzan Kadyrov and the Chechen government. French prosecutors stated that the Russian-born man suspected of killing Aliyev returned to Russia immediately after the stabbing.

On July 4, a man identified by Austrian authorities only as a Russian citizen shot and killed Mamikhan Umarov, an asylum seeker from Russia, in a parking lot outside of Vienna. Umarov was also an outspoken critic of Kadyrov and had posted a YouTube video taunting Kadyrov to “come and stop [him]” shortly before his death. In his interviews and social media posts, Umarov claimed to be a mercenary who had fought on the side of Chechen separatists in the 1990s and sought asylum in 2005 because he feared reprisal in Chechnya. Austrian authorities had designated him a “person at risk” because of his background. Kadyrov responded to allegations of his involvement in this and other extrajudicial killings of Russian citizens in Europe by accusing Western intelligence of killing Chechen dissidents to make him look bad.

The country played a significant military role in the armed conflict in eastern Ukraine, where human rights organizations attributed thousands of civilian deaths and other abuses to Russian-led forces. Russian occupation authorities in Crimea also committed widespread abuses (see Country Reports on Human Rights Practices for Ukraine).

Since 2015 the country’s forces have conducted military operations, including airstrikes, in the conflict in Syria. According to human rights organizations, the country’s forces took actions, such as bombing urban areas, that intentionally targeted civilian infrastructure (see Country Reports on Human Rights Practices for Syria).

The news website Caucasian Knot reported that violent confrontations with security forces resulted in at least 14 deaths in the North Caucasus during the first half of the year. Dagestan was the most affected region, with seven deaths in the first half of the year, followed by Kabardino-Balkaria and Ingushetia, where three persons were killed in each region.

b. Disappearance

There were reports of disappearances perpetrated by or on behalf of government authorities. Enforced disappearances for both political and financial reasons continued in the North Caucasus. According to the August report of the UN Working Group on Enforced or Involuntary Disappearances, there were 867 outstanding cases of enforced or involuntary disappearances in the country.

There were reports that police committed enforced disappearances and abductions during the year. For example, on September 10, the Civic Assistance Committee reported that a North Korean citizen who was seeking asylum in Vladivostok was taken to the Artyom City Police Department by individuals in civilian clothes, where he subsequently disappeared. The North Korean citizen first approached a Migration and Law network lawyer for assistance with an asylum request on August 27, stating that he fled the Far Eastern Federal University campus on Russky Island. An officer at the Frunzenskiy District Police Department told the lawyer that the North Korean consulate took the asylum seeker from the police department. The asylum seeker’s lawyer suspected that he was forcibly returned to his country of origin.

Security forces were allegedly complicit in the kidnapping and disappearance of individuals from Central Asia, whose forcible return was apparently sought by their governments (see section 2.f.).

There were continued reports of abductions and torture in the North Caucasus, including of political activists and others critical of Chechnya head Kadyrov. On October 28, 1ADAT, a social media channel that is highly critical of Kadyrov, reported that Chechen security forces abducted more than 1,500 persons between April and October. For example, on September 6, Salman Tepsurkayev, a 19-year-old Chechen activist and a 1ADAT moderator, was kidnapped, reportedly by persons with connections to Chechen authorities. On September 7, a video recording of Tepsurkayev circulated on social media in which he appeared naked with signs of torture as he said, “I am punishing myself” and sat on a glass bottle. The office of the Chechen human rights ombudsman commented it was aware of the video of Tepsurkayev but had not looked into the matter because there had been no request from the victim or the relatives. As of December 1, Tepsurkayev’s whereabouts were unknown.

On October 20, the human rights group Memorial reported that five men were abducted from the village of Chechen-Aul on August 28, and two more were abducted on August 30. Memorial stated that all seven men were taken to the city of Argun, where they were visited by the Chechen interior minister Ruslan Alkhanov and Chechen deputy prime minister Abuzaid Vismuradov before being transferred to a secret prison, where they were interrogated and tortured. Four of the men were later released (two on September 18 and two on October 7), while three reportedly remained in government detention facilities as of December. Memorial reported that 13 men were abducted on November 5 from the Chechen city of Gudermes and taken to a secret prison, where Memorial believed they remained as of December.

There were reports Russian-led forces and Russian occupation authorities in Ukraine engaged in enforced disappearances (see Country Reports on Human Rights Practices for Ukraine).

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

Although the constitution prohibits such practices, numerous credible reports indicated law enforcement officers engaged in torture, abuse, and violence to coerce confessions from suspects, and authorities only occasionally held officials accountable for such actions.

In December 2019, for the first time, the Investigative Committee of the Russian Federation published data on the use of torture in prisons and pretrial detention centers. The data showed that between 2015 and 2018, for every 44 reports of violence perpetrated by Federal Penitentiary Service employees, only one criminal case was initiated.

There were reports of deaths as a result of torture (see section 1.a.).

Physical abuse of suspects by police officers was reportedly systemic and usually occurred within the first few days of arrest in pretrial detention facilities. Reports from human rights groups and former police officers indicated that police most often used electric shocks, suffocation, and stretching or applying pressure to joints and ligaments because those methods were considered less likely to leave visible marks. The problem was especially acute in the North Caucasus. According to the Civic Assistance Committee, prisoners in the North Caucasus complained of mistreatment, unreasonable punishment, religious and ethnic harassment, and inadequate provision of medical care.

There were reports that police beat or otherwise abused persons, in some cases resulting in their death. For example, media reported that members of Russia’s National Guard forcibly dispersed a peaceful political rally in Khabarovsk City on October 12. Several participants reported being beaten by police during the rally’s dispersal, at least one with a police baton; one victim suffered a broken nose. Two detained minors said they were “put on their knees in a corner, mocked, had their arms twisted, and were hit in the eye.”

There were reports that law enforcement officers used torture, including sleep deprivation, as a form of punishment against detained opposition and human rights activists, journalists, and critics of government policies. For example, on May 11, Russian media reported Vladimir Vorontsov, the creator of the Police Ombudsman project, was hospitalized after being kept in an isolation ward in a prison. According to his lawyer, authorities detained Vorontsov on May 7, denied his request for medical assistance, and interrogated him into the evening, after which he was placed in solitary confinement and not allowed to sleep. On May 8, Vorontsov was charged with extorting money from a police officer. Vorontsov alleged the charges against him were revenge for his social activism, which involved reporting on officials’ labor rights violations of law enforcement officers.

In several cities police reportedly subjected members of Jehovah’s Witnesses, a religious group banned under antiextremism laws, to physical abuse and torture following their arrest. For example, on February 10, officers from the Russian National Guard handcuffed Chita resident Vadim Kutsenko and took him to a local forest, where they beat his face and neck, suffocated him, and used a Taser to force him to admit to being a practicing member of Jehovah’s Witnesses. When Kutsenko reported the incident to authorities, he was ignored and sent to a temporary detention center along with three other members of Jehovah’s Witnesses. According to media reports, Kutsenko sought medical treatment upon his release, which confirmed the physical trauma.

There were multiple reports of the FSB using torture against young “anarchists and antifascist activists” who were allegedly involved in several “terrorism” and “extremism” cases. For example, on February 10, a court in Penza found seven alleged anarchists and antifascist activists supposedly tied to a group known as “Set” (“Network”) guilty of terrorism and sentenced them to between six and 18 years in prison. Authorities claimed they were plotting to overthrow the government, but human rights activists asserted that the FSB falsified evidence and fabricated the existence of the organization known as “Set/Network.” Several of the sentenced men claimed that the FSB forced them to sign admissions of guilt under torture; one of them claimed he had marks on his body from electric shocks and asked for medical experts to document them but was denied the request. Memorial considered all seven men sentenced to be political prisoners.

In the North Caucasus region, there were widespread reports that security forces abused and tortured both alleged militants and civilians in detention facilities. On January 20, Aminat Lorsanova became the second individual to file a complaint with federal authorities asking for an investigation into abuses against the LGBTI community in Chechnya. In 2018 she was forcibly detained at one psychiatric clinic for 25 days and at another for four months. She was beaten with sticks and injected with tranquilizer to “cure” her of her bisexual identity. Dzhambulat Umarov, Chechnya’s minister of national policy, foreign relations, press, and information, publicly denied Lorsanova’s claims and accused the LGBTI community of deceiving “a sick Chechen girl.”

There were reports of rape and sexual abuse by government agents. For example, media reported on Mukhtar Aliyev’s account of his five years in IK-7 prison in Omsk region from 2015 until his release during the year, where he was subjected to torture, including sexual assault. Aliyev told media that prison officials would beat him, tie him to the bars for a prolonged length of time causing his legs and arms to swell up, and force other inmates to assault him sexually while recording their actions. Aliyev said that the officials threatened to leak the recording to other inmates and officials if he did not behave.

There were reports of authorities detaining defendants for psychiatric evaluations to exert pressure on them or sending defendants for psychiatric treatment as punishment. Prosecutors and certified medical professionals may request suspects be placed in psychiatric clinics on an involuntary basis. For example, on May 12, approximately two dozen riot police stormed the home of Aleksandr Gabyshev, a Siberian shaman who announced in 2019 that he and his supporters planned to walk from Yakutsk to Moscow to “expel” Vladimir Putin from the Kremlin. Police detained Gabyshev and forcibly hospitalized him for psychiatric treatment. On May 29, Gabyshev filed a claim refusing further hospitalization, after which the clinic’s medical commission deemed him a danger to himself and others and filed a lawsuit to extend his detention there. The clinic released Gabyshev on July 22.

Reports of nonlethal physical abuse and hazing continued in the armed forces. Activists reported such hazing was often tied to extortion schemes. On January 22, the online media outlet 29.ru published an interview with the mother of conscript Ilya Botygin, who claimed that he was a victim of repeated hazing in his Nizhny Novgorod-based unit. The mother said that her son’s superiors locked him up for several days at a time, fed him irregularly, and beat him. When she visited him in January, she took him to the emergency room for a medical examination, but his unit did not accept the paperwork documenting his injuries on the grounds it could be forged. She and Botygin filed a case with the Nizhny Novgorod military prosecutor’s office but told media they had not received any updates about an investigation.

There were reports that Russian-led forces in Ukraine’s Donbas region and Russian occupation authorities in Crimea engaged in torture (see Country Reports on Human Rights Practices for Ukraine).

Impunity was a significant problem in the security forces. According to a July 25 investigation published by independent news outlet Novaya Gazeta, tens of thousands of cases of beatings and torture by the military, police, and other security forces could have gone unpunished in the previous 10 years. The report assessed the Investigative Committee’s lack of independence from police as a key factor hampering accountability, because the organization failed to initiate investigations into a high number of incidents.

Prison and Detention Center Conditions

Conditions in prisons and detention centers varied but were often harsh and life threatening. Overcrowding, abuse by guards and inmates, limited access to health care, food shortages, and inadequate sanitation were common in prisons, penal colonies, and other detention facilities.

Physical Conditions: Prison overcrowding remained a serious problem. While the law mandates the separation of women and men, juveniles and adults, and pretrial detainees and convicted prisoners in separate quarters, anecdotal evidence indicated not all prison facilities followed these rules. On March 31, Amnesty International urged authorities to take urgent measures to address the potentially devastating consequences of COVID-19 if it spreads among prisoners and detainees. The organization stated that prisons’ overcrowding, poor ventilation, and inadequate health care and sanitation led to a high risk of infection among prisoners and detainees.

Physical and sexual abuse by prison guards was systemic. For example, Russian media reported that on February 13, the prison warden of IK-5 in Mordovia, Valeriy Trofimov, took prisoner Ibragim Bakaniyev into his office and beat and humiliated him for six hours. Bakaniyev was accused of taking part in a riot that broke out earlier that night. Bakaniyev reported that the torture only ended when he used a hidden blade to cut his hand and threatened to commit suicide. Bakaniyev was sent to a punishment cell for the next three months.

Prisoner-on-prisoner violence was also a problem. For example, the Committee against Torture in Krasnodar reported that authorities opened a criminal investigation into the July 7 death of Dmitriy Kraskovskiy, a detainee in Pretrial Detention Facility Number 1 in Krasnodar. Authorities suspected he was beaten to death by inmates. The preliminary report indicated multiple bruises and head wounds on Kraskovskiy. The perpetrators allegedly tried to hang the corpse to hide the cause of death.

There were reports prison authorities recruited inmates to abuse other inmates. For example, on July 22, Russian media and the Civic Assistance Committee reported that a group of inmates tortured and sexually assaulted Makharbi Tosuyev, a prisoner at IK-7, who was confined to the psychiatric department of IK-3. According to Tosuyev, a group of inmates tied him to his bed while he was confined in the psychiatric department of IK-3 as a result of a self-inflicted injury, and tortured and sexually assaulted him with a plastic stick. Tosuyev accused the head of the operational department of IK-3, Edgar Hayrapetyan, of organizing the attack.

Overcrowding, ventilation, heating, sanitation, and nutritional standards varied among facilities but generally were poor. Opportunities for movement and exercise in pretrial detention were minimal. Potable water was sometimes rationed, and food quality was poor; many inmates relied on food provided by family or NGOs. Access to quality medical care remained a problem. For example, according to the European Association of Jehovah’s Witnesses, a 61-year-old Smolensk resident, Viktor Malkov, died three months after being released from an eight-month-long detention, partly because his chronic health problems were exacerbated by the denial of medical care in the detention center. Malkov, who was detained on the grounds of extremism due to his religious beliefs, had stated that prison officials did not allow him to seek proper treatment or medications for his heart disease and kidney problems.

NGOs reported approximately 50 percent of prisoners with HIV did not receive adequate treatment. Only prisoners with a CD4 white-blood cell level below a certain amount were provided treatment. NGOs reported that interruptions in the supplies of some antiretroviral drugs were sometimes a problem.

There were reports political prisoners were placed in particularly harsh conditions and subjected to punitive treatment within the prison system, such as solitary confinement or punitive stays in psychiatric units. For example, on May 21, a court ordered the forced psychiatric treatment of Kamchatka opposition activist Vladimir Shumanin during a criminal prosecution for libel stemming from a 2018 article in which he accused a law enforcement officer of engaging in criminal behavior. In the Far East region, Shumanin was known for running a personal YouTube channel in which he sharply criticized regional and federal authorities.

Administration: Convicted inmates and individuals in pretrial detention have visitation rights, but authorities may deny visitation depending on circumstances. By law prisoners with harsher sentences are allowed fewer visitation rights. The judge in a prisoner’s case may deny the prisoner visitation. Authorities may also prohibit relatives deemed a security risk from visiting prisoners. Some pretrial detainees believed authorities sometimes denied visitation and telephone access to pressure them into providing confessions.

While prisoners may file complaints with public oversight commissions or with the Office of the Human Rights Ombudsperson, they often did not do so due to fear of reprisal. Prison reform activists reported that only prisoners who believed they had no other option risked the consequences of filing a complaint. Complaints that reached the oversight commissions often focused on minor personal requests.

Independent Monitoring: Authorities permitted representatives of public oversight commissions to visit prisons regularly to monitor conditions. According to the Public Chamber, there were public oversight commissions in almost all regions. Human rights activists expressed concern that some members of the commissions were individuals close to authorities and included persons with law enforcement backgrounds.

By law members of oversight commissions have the right to videotape and photograph inmates in detention facilities and prisons with their written approval. Commission members may also collect air samples, conduct other environmental inspections, conduct safety evaluations, and access prison psychiatric facilities. The law permits human rights activists not listed in public oversight commissions to visit detentions centers and prisons. The NGO Interregional Center for Women’s Support, working with detained migrants, noted that only after a specific detainee submits a request and contacts the NGO may the organization obtain permission to visit a certain detention center.

Authorities allowed the Council of Europe’s Committee for the Prevention of Torture to visit the country’s prisons and release some reports on conditions but continued to withhold permission for it to release all recent reports.

There were reports of authorities prosecuting journalists for reporting torture. For example, in September, three penal colonies in Kemerovo Oblast (IK-5, IK-22, and IK-37) filed a lawsuit for reputational protection against a number of former prisoners and civic activists, including journalist Andrey Novashov, who in June published an article on the news website Sibir.Realii exposing inmates’ allegations of torture in the three colonies.

d. Arbitrary Arrest or Detention

While the law prohibits arbitrary arrest and detention, authorities engaged in these practices with impunity. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention, but successful challenges were rare.

Arrest Procedures and Treatment of Detainees

By law authorities may arrest and hold a suspect for up to 48 hours without court approval, provided there is evidence of a crime or a witness; otherwise, an arrest warrant is required. The law requires judicial approval of arrest warrants, searches, seizures, and detentions. Officials generally honored this requirement, although bribery or political pressure sometimes subverted the process of obtaining judicial warrants. After an arrest, police typically took detainees to the nearest police station, where they informed them of their rights. Police must prepare a protocol stating the grounds for the arrest, and both the detainee and police officer must sign it within three hours of detention. Police must interrogate detainees within the first 24 hours of detention. Prior to interrogation, a detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor. They must also give the detainee an opportunity to notify his or her relatives by telephone unless a prosecutor issues a warrant to keep the detention secret. Police are required to release a detainee after 48 hours, subject to bail conditions, unless a court decides, at a hearing, to prolong custody in response to a motion filed by police not less than eight hours before the 48-hour detention period expires. The defendant and his or her attorney must be present at the court hearing, either in person or through a video link.

Except in the North Caucasus, authorities generally respected the legal limitations on detention. There were reports of occasional noncompliance with the 48-hour limit for holding a detainee. At times authorities failed to issue an official detention protocol within the required three hours after detention and held suspects longer than the legal detention limits.

By law police must complete their investigation and transfer a case to a prosecutor for arraignment within two months of a suspect’s arrest, although an investigative authority may extend a criminal investigation for up to 12 months. Extensions beyond 12 months need the approval of the head federal investigative authority in the Ministry of Internal Affairs, the FSB, or the Investigative Committee and the approval of the court. According to some defense lawyers, the two-month time limit often was exceeded, especially in cases with a high degree of public interest.

Problems existed related to detainees’ ability to obtain adequate defense counsel. The law provides defendants the right to choose their own lawyers, but investigators sometimes did not respect this provision, instead designating lawyers friendly to the prosecution. These “pocket” defense attorneys agreed to the interrogation of their clients in their presence while making no effort to defend their clients’ legal rights. In many cases especially in more remote regions, defense counsel was not available for indigent defendants. Judges usually did not suppress confessions taken without a lawyer present. Judges at times freed suspects held in excess of detention limits, although they usually granted prosecutors’ motions to extend detention periods.

There were reports that security services sometimes held detainees in incommunicado detention before officially registering the detention. This practice usually coincided with allegations of the use of torture to coerce confessions before detainees were permitted access to a lawyer. The problem was especially acute in the Republic of Chechnya, where such incommunicado detention could reportedly last for weeks in some cases.

Arbitrary Arrest: There were many reports of arbitrary arrest or detention, often in connection with demonstrations and single-person pickets, such as those that preceded and succeeded the July 1 national vote on constitutional amendments (see section 2.b.). The independent human rights media project OVD-Info reported that during the first six months of the year, police detained 388 single-person picketers in Moscow and St. Petersburg alone, although single-person pickets are legal and do not require a permit. After Novaya Gazeta journalist and municipal deputy Ilya Azar was arrested and sentenced to 15 days of administrative arrest on May 26 for holding a single-person picket in Moscow, law enforcement authorities detained an estimated 130 individuals who took part in protests supporting him in three cities. Many of them were fined for violating the laws on staging public demonstrations.

There were reports that Russian-led forces and Russian occupation authorities in Ukraine engaged in arbitrary detention (see Country Reports on Human Rights Practices for Ukraine).

Pretrial Detention: Observers noted lengthy pretrial detention was a problem, but data on its extent were not available. By law pretrial detention may not normally exceed two months, but the court has the power to extend it to six months, as well as to 12 or 18 months if the crime of which the defendant is accused is especially serious. For example, Yuliy Boyarshinov, described by Memorial as an antifascist and left-wing activist, was in pretrial detention from 2018 until the resumption of his trial in February; he was convicted and sentenced to 5.5 years in prison in June. He was accused of illegally storing explosives and participating in a terrorist organization because of his purported association with the “Network,” an alleged antifascist and anarchist group that relatives of the accused claim does not really exist. Memorial considered Boyarshinov to be a political prisoner.

Detainees Ability to Challenge Lawfulness of Detention before a Court: By law a detainee may challenge the lawfulness of detention before a court. In view of problems with judicial independence (see section 1.e.), however, judges typically agreed with the investigator and dismissed defendants’ complaints.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but judges remained subject to influence from the executive branch, the armed forces, and other security forces, particularly in high-profile or politically sensitive cases, as well as to corruption. The outcomes of some trials appeared predetermined. Acquittal rates remained extremely low. In 2019 courts acquitted 0.36 percent of all defendants.

There were reports of pressure on defense attorneys representing clients who were being subjected to politically motivated prosecution and other forms of reprisal. According to a June 2019 report from the Agora International Human Rights Group, it has become common practice for judges to remove defense attorneys from court hearings without a legitimate basis in retaliation for their providing clients with an effective defense. The report also documented a trend of law enforcement authorities’ using physical force to interfere with the work of defense attorneys, including the use of violence to prevent them from being present during searches and interrogations.

On August 7, the bar association of the Leningrad region opened disciplinary proceedings against Yevgeniy Smirnov, a lawyer from Team 29, an informal association of lawyers and journalists dedicated to protecting civil liberties. Smirnov was one of the lawyers representing journalist Ivan Safronov in a high-profile treason case. His colleagues believed that the disciplinary proceedings were retaliation for his work.

Trial Procedures

The law provides for the right to a fair and public trial, but executive interference with the judiciary and judicial corruption undermined this right.

The defendant has a legal presumption of innocence and the right to a fair, timely, and public trial, but these rights were not always respected. Defendants have the right to be informed promptly of charges and to be present at the trial. The law provides for the appointment of an attorney free of charge if a defendant cannot afford one, although the high cost of legal service meant that lower-income defendants often lacked competent representation. A Yekaterinburg-based legal and human rights NGO indicated many defense attorneys do not vigorously defend their clients and that there were few qualified defense attorneys in remote areas of the country. Defense attorneys may visit their clients in detention, although defense lawyers claimed authorities electronically monitored their conversations and did not always provide them access to their clients. Prior to trial, defendants receive a copy of their indictment, which describes the charges against them in detail. They also may review their file following the completion of the criminal investigation.

Non-Russian defendants have the right to free interpretation as necessary from the moment charged through all appeals, although the quality of interpretation is typically poor. During trial the defense is not required to present evidence and is given an opportunity to cross-examine witnesses and call defense witnesses, although judges may deny the defense this opportunity. Defendants have the right not to be compelled to testify or confess guilt. Defendants have the right of appeal.

The law provides for trial by jury in criminal cases if the defendant is charged with murder, kidnapping, narcotics smuggling, and certain other serious crimes. Nonetheless, trials by jury remained rare, and the vast majority of verdicts and sentences are rendered by judges. The acquittal rate in trials by jury is much higher (23 percent in 2019) than in trials before a judge (0.36 percent in 2019), although acquittals by jury are sometimes overturned by judges in appellate courts.

The law allows prosecutors to appeal acquittals, which they did in most cases. Prosecutors may also appeal what they regard as lenient sentences. In April 2018, a court in Petrozavodsk acquitted renowned historian of the gulag and human rights activist Yuriy Dmitriyev of child pornography charges, a case many observers believed to be politically motivated and in retaliation for his efforts to expose Stalin-era crimes. In June 2018 the Supreme Court of the Republic of Karelia granted the prosecutor’s appeal of the acquittal and sent the case for retrial. In the same month, Dmitriyev was again arrested. On July 22, the Petrozavodsk City Court found him guilty of sexual abuse of a minor and sentenced him to 3.5 years in prison. On September 29, the Supreme Court of Karelia overturned the decision and extended his sentence to 13 years in maximum-security prison. Memorial considered Dmitriyev to be a political prisoner.

Authorities particularly infringed on the right to a fair trial in Chechnya, where observers noted that the judicial system served as a means of conducting reprisals against those who exposed wrongdoing by Chechnya head Kadyrov.

In some cases judicial authorities imposed sentences disproportionate to the crimes charged. For example, on August 18, political commentator Fyodor Krasheninnikov was sentenced to seven days in jail for publishing comments criticizing the Constitutional Court. The Sverdlovsk Oblast human rights ombudswoman responded that Krasheninnikov should only have been fined. Krasheninnikov filed a complaint with European Court of Human Rights (ECHR), asserting that his arrest violated his rights of speech, fair trial, and personal freedom.

Political Prisoners and Detainees

There were credible reports of political prisoners in the country and that authorities detained and prosecuted individuals for political reasons. Charges usually applied in politically motivated cases included “terrorism,” “extremism,” “separatism,” and “espionage.” Political prisoners were reportedly placed in particularly harsh conditions of confinement and subjected to other punitive treatment within the prison system, such as solitary confinement or punitive stays in psychiatric units.

As of December Memorial’s list of political prisoners contained 358 names, including 295 individuals who were allegedly wrongfully imprisoned for exercising religious freedom. Nevertheless, Memorial estimated that the actual number of political prisoners in the country could be two to three times greater than the number on its list. Memorial’s list included journalists jailed for their writing, such as Abdulmumin Gadzhiyev (see section 2.a.); human rights activists jailed for their work, such as Yuriy Dmitriyev; many Ukrainians (including Crimean Tatars) imprisoned for their vocal opposition to the country’s occupation of Crimea; Anastasiya Shevchenko, the first individual charged under the “undesirable foreign organizations” law; students and activists jailed for participating in the Moscow protests in July and August 2019; and members of Jehovah’s Witnesses and other religious believers. Memorial noted the average length of sentences for the cases on their list continued to increase, from 5.3 years for political prisoners and 6.6 years for religious prisoners in 2016 to 6.8 and 9.1 years, respectively, in 2018. In some cases sentences were significantly longer, such as the case of Aleksey Pichugin, a former security official of the Russian oil company Yukos, imprisoned since 2003 with a life sentence for conviction of alleged involvement in murder and murder attempts; human rights organizations asserted that his detention was politically motivated to obtain false evidence against Yukos executives.

Politically Motivated Reprisal Against Individuals Located Outside the Country

There were credible reports that the country attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. Authorities used their access to the International Criminal Police Organization (Interpol) to target political enemies abroad. For example, the religious freedom rights organization Forum 18 reported that the country issued Interpol red notices in January to secure the extradition of at least two individuals facing “extremism” charges for exercising their freedom of religion or belief. Ashurali Magomedeminov, who studied the work of the late Turkish Muslim theologian Said Nursi, left Russia in 2016; the Investigative Committee launched a criminal case against him in 2017 after accusing him of sharing “extremist literature.”

There were credible reports that, for politically motivated purposes, the government attempted to exert bilateral pressure on another country aimed at having it take adverse action against specific individuals. For example, on February 21, Belarusian police detained Nikolay Makhalichev, a member of Jehovah’s Witnesses, at the request of the Russian authorities. Makhalichev said that Belarusian police told him that Russian authorities had put him on an interstate wanted list after they opened a criminal case against him for “extremism” for his religious affiliation. Russian prosecutors brought forth a request for extradition, but on April 7, the Belarusian courts determined that he would not be extradited.

Civil Judicial Procedures and Remedies

Although the law provides mechanisms for individuals to file lawsuits against authorities for human rights violations, these mechanisms often did not work well. For example, the law provides that a defendant who has been acquitted after a trial has the right to compensation from the government. While this legal mechanism exists in principle, it was practically very cumbersome to use. Persons who believed their human rights were violated typically sought redress in the ECHR after domestic courts ruled against them. Amendments to the constitution approved in a nationwide vote on July 1, and signed into law on December 8, enshrined the primacy of Russian law over international law, stating that decisions by interstate bodies interpreted in a manner contrary to the constitution are not enforceable in the country. Many experts interpreted this to mean that courts have greater power to ignore rulings from international human rights bodies, including the ECHR; the courts had already set a precedent by declaring such bodies’ decisions “nonexecutable.”

Property Restitution

The country has endorsed the Terezin Declaration on Holocaust Restitution but declined to endorse the 2010 Guidelines and Best Practices. There is no legislation or special mechanism in the country that addresses the restitution of or compensation for private property; the same is true for heirless property. The government has laws in place providing for the restitution of cultural property, but according to the laws’ provisions, claims may only be made by states and not individuals.

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

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

The law forbids officials from entering a private residence except in cases prescribed by federal law or when authorized by a judicial decision. The law also prohibits the collection, storage, utilization, and dissemination of information about a person’s private life without his or her consent. While the law previously prohibited government monitoring of correspondence, telephone conversations, and other means of communication without a warrant, those legal protections were significantly weakened by laws passed since 2016 granting authorities sweeping powers and requiring telecommunications providers to store all electronic and telecommunication data (see section 2.a., Internet Freedom). Politicians from minority parties, NGOs, human rights activists, and journalists alleged that authorities routinely employed surveillance and other measures to spy on and intimidate citizens.

Law enforcement agencies required telecommunications providers to grant the Ministry of Internal Affairs and the FSB continuous remote access to client databases, including telephone and electronic communications, enabling them to track private communications and monitor internet activity without the provider’s knowledge. The law permits authorities with a warrant to monitor telephone calls in real time, but this safeguard was largely pro forma. The Ministry of Information and Communication requires telecommunications service providers to allow the FSB to tap telephones and monitor the internet. The Ministry of Information and Communication maintained that authorities would not access information without a court order, although the FSB is not required to show it upon request.

In January a Novaya Gazeta investigation revealed that personnel of the Internal Affairs Ministry’s antiextremism division had installed a secret video camera in 2018 in the bedroom of Anastasiya Shevchenko, an Open Russia activist facing criminal charges for participating in an “undesirable” organization. The camera recorded her for five months without her knowledge.

The law requires explicit consent for governmental and private collection of biometric data via facial recognition technology. Laws on public security and crime prevention, however, provide for exceptions to this consent requirement. Human rights activists claimed the law lacks appropriate safeguards to prevent the misuse of these data, especially without any judicial or public oversight over surveillance methods and technologies.

As of September almost 200,000 government surveillance cameras have been installed in Moscow and equipped with Russian-developed automated facial recognition software as part of its Safe City program. The system was initially installed in key public places, such as metro stations and apartment entrances, in order to scan crowds against a database of wanted individuals. The first major test of this system occurred in the spring, as the Moscow city government began enforcing mandatory COVID-19 self-isolation requirements using facial recognition. The personal data of residents and international visitors placed under quarantine in Moscow were reportedly uploaded into the system in order to monitor the public for self-isolation violations. The Moscow city government announced that additional cameras would be installed throughout the city, including in one-quarter of the city’s 6,000 metro cars, by the end of the year.

In July, two activists, Alyona Popova and Vladimir Milov, filed a complaint against the country’s facial recognition program with the ECHR. Popova and Milov claimed closed-circuit television cameras were used during a large September 2019 protest in Moscow to conduct mass surveillance of the participants. They claimed that the government’s collection of protesters’ unique biometric data through the use of facial recognition technology violated the right to privacy and freedom of assembly provided for in the European Convention on Human Rights. Popova and Milov also argued the use of the technology at an opposition rally amounted to discrimination based on political views. The pair had previously filed a complaint in a local Moscow court, which was dismissed in March when the court ruled the government’s use of the technology legal.

On May 21, the State Duma adopted a law to create a unified federal register containing information on all the country’s residents, including their names, dates and places of birth, and marital status. According to press reports, intelligence and security services would have access to the database in their investigations. There were reports that authorities threatened to remove children from the custody of parents engaged in political activism or some forms of religious worship, or parents who were LGBTI persons. For example, on October 2, Russian media reported that authorities were threatening to arrest and take away the children of gay men who have fathered their children through surrogacy, accusing them of child trafficking. Several families reportedly left the country due to fear of arrest. As of December no formal arrest related to this threat had been reported.

The law requires relatives of terrorists to pay the cost of damages caused by an attack, which human rights advocates criticized as collective punishment. Chechen Republic authorities reportedly routinely imposed collective punishment on the relatives of alleged terrorists, including by expelling them from the republic.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

While the constitution provides for freedom of expression, including for the press, the government increasingly restricted this right. Regional and local authorities used procedural violations and restrictive or vague legislation to detain, harass, or prosecute persons who criticized the government or institutions it favored. The government exercised editorial control over media, creating a media landscape in which most citizens were exposed to predominantly government-approved narratives. Significant government pressure on independent media constrained coverage of numerous topics, especially of Belarus, LGBTI persons, the environment, elections, COVID-19, criticism of local or federal leadership, as well as secessionism or federalism. The government used direct ownership or ownership by large private companies with government links to control or influence major national media and regional media outlets, especially television. Censorship and self-censorship in television and print media and on the internet was widespread, particularly regarding points of view critical of the government or its policies. The government’s failure to investigate or prosecute attacks on human rights defenders and peaceful protesters further stifled freedom of assembly and association.

Freedom of Speech: Authorities continued to misuse the country’s expansive definition of extremism, under which citizens may be punished for certain types of peaceful protests, affiliation with certain religious denominations, and even certain social media posts, as a tool to stifle dissent. As of August the Ministry of Justice had expanded its list of extremist materials to include 5,080 books, videos, websites, social media pages, musical compositions, and other items, an increase of approximately 80 items from 2019. According to the prosecutor general, authorities prosecuted 585 extremism cases in 2019, the majority of which included charges of “extremism” levied against individuals for exercising free speech on social media and elsewhere.

On March 27, the State Duma passed legislation criminalizing the dissemination of false “socially significant information” online, in mass media, or during protests or public events. This law in effect toughened a March 2019 law that prohibited the dissemination of “incorrect socially meaningful information, distributed under the guise of correct information, which creates the threat of damage to the lives and health of citizens or property, the threat of mass disruption of public order and public security, or the threat of the creation of an impediment to the functioning of life support facilities, transport infrastructure, banking, energy, industry, or communications.” Authorities used the law to target human rights defenders and civil society activists in criminal investigations, most recently by accusing them of spreading unreliable information related to the COVID-19 pandemic.

On June 15, Agora International Human Right Group published a report showing that over the course of 450 days, authorities initiated approximately 200 cases against the dissemination of “unreliable socially significant information.” A total of 33 of the cases were filed between April 3 and June 9 and involved criminal complaints that mainly targeted activists, journalists, bloggers, and legislators.

In early May prosecutors opened a criminal investigation into the activities of Grigoriy Vinter, the head of the Vologda chapter of the NGO For Human Rights, after posts criticizing authorities for transporting prisoners who showed COVID-19 symptoms were published on a social media page that he administered. Vinter had previously faced similar politically motivated investigations for his human rights advocacy.

By law authorities may close any organization a court determines to be extremist, including media outlets and websites. Roskomnadzor, the country’s media oversight agency, routinely issued warnings to newspapers and internet outlets it suspected of publishing extremist materials. Three warnings in one year sufficed to initiate a closure lawsuit.

During the year authorities invoked a 2013 law prohibiting the distribution of “propaganda on nontraditional sexual relations” to minors to punish the exercise of free speech by LGBTI persons and their supporters. For example, Russian media reported that on July 10, LGBTI artist and activist Yuliya Tsvetkova was fined by a local court in the Russian Far East for social media posts and drawings depicting same-sex couples with their children, rainbow-colored cats, and matryoshka dolls holding hands. Tsvetkova was also under investigation for spreading pornography among minors for her body-positive projects in 2019. On September 22, her case was returned to the Investigative Committee for Khabarovsk Kray for further investigation in what experts believe was an attempt to prolong the trial.

Authorities investigated individuals for speech allegedly violating a law that prohibits “offending the feelings of religious believers.” For example, at the end of January, popular stand-up comic Aleksandr Dolgopolov left the country after police opened an investigation into one of his performances from 2019. Media reported that an audience member complained that Dolgopolov had insulted his religious feelings, possibly with a joke about Jesus and his mother Mary. In March, Dolgopolov announced that he had returned to Russia; the status of the investigation was unclear.

During the year authorities prosecuted individuals for speech that allegedly violated the law prohibiting the “rehabilitation of Nazism.” On August 8, media reported that the Investigative Committee opened a case against Voronezh resident Aleksandr Khoroshiltsev for posting a photo of Adolf Hitler on the website of the Immortal Regiment, the name given to the yearly procession of individuals with portraits of relatives who fought in World War II. Authorities told journalists that posts such as Khoroshiltsev’s were aimed at rehabilitating the Nazi regime.

The law bans the display of Nazi symbols and the symbols of groups placed on the government’s list of “extremist” organizations. There was no official register or list of banned symbols. On May 15, a district court in Kemerovo sentenced Vladislav Koretskiy, an 18-year-old student, to 10 days incarceration for publishing social media posts in 2016 and 2017 containing images of swastikas.

The law prohibits showing “disrespect” online for the state, authorities, the public, flag, or constitution. For example, on March 3, a district court in Tomsk fined activist Sergey Chaykovskiy, the executive director of the National Bureau for the Development of Democracy, for an Instagram post that showed a speech by Nancy Pelosi accusing Putin of interfering in the conflict in Ukraine. Chaykovskiy captioned the post “Vladimir Putin will answer for his crimes in Ukraine” and was found guilty of disrespecting authorities online.

During the year authorities enforced a law prohibiting the “propaganda of narcotics” to prosecute or threaten to block independent outlets. For example, in January the Supreme Court upheld lower court orders to block the distribution of an article by independent journalists chronicling the story of a heroin user. Free speech advocates expressed concern that the law allowed the government to ban any nonfiction article on drug use it deemed inappropriate.

During the year authorities used a law banning cooperation with “undesirable foreign organizations” to restrict free expression. For example, in March authorities opened an administrative case against the Andrey Rylkov Foundation for publishing a text from the Open Russia movement on its website. Prosecutors accused the foundation, which aids drug addicts and advocates for changes to laws on narcotics, of cooperating with an “undesirable foreign organization.”

Government-controlled media frequently used derogatory terms such as “traitor,” “foreign agent,” and “fifth column” to describe individuals expressing views critical of or different from government policy, leading to a societal climate intolerant of dissent.

Freedom of Press and Media, Including Online Media: The government continued to restrict press and media freedom. More than 80 percent of country’s mass media was funded by the government or progovernment actors. Government-friendly oligarchs owned most other outlets, which are permitted to determine what they publish within formal or informal boundaries set by the government. In the regions each governor also controlled regional media through direct or indirect funding or through affiliated structures. The federal government or progovernment individuals completely or partially owned all so-called federal television channels, the only stations with nationwide reach. The 29 most-watched stations together commanded 86 percent of television viewership; all were owned at least in part by the federal or local governments or by progovernment individuals. Government-owned media outlets often received preferential benefits, such as rent-free occupancy of government-owned buildings, and a preferential tax rate. On a regional level, state-owned and progovernment television channels received subsidies from the Ministry of Finance for broadcasting in cities with a population of less than 100,000 and on the creation and production of content. At many government-owned or -controlled outlets, the state increasingly dictated editorial policy. While the law restricts foreign ownership of media outlets to no more than 20 percent, another provision of the ambiguously worded law apparently bans foreign ownership entirely. The government used these provisions to consolidate ownership of independent outlets under progovernment oligarchs and to exert pressure on outlets that retained foreign backers. In its annual report on freedom of the press, Freedom House rated the country “not free.”

By law the Ministry of Justice is required to maintain a list of media outlets that are designated “foreign agents.” As of August there were 11 outlets listed. The decision to designate media outlets as foreign agents may be made outside of court by other government bodies, including law enforcement agencies.

The law allows authorities to label individuals (both Russian and foreign citizens) as “foreign agents” if they disseminate foreign media to an unspecified number of persons and receive funding from abroad. Human rights defenders expressed concern that this legislation would be used to further restrict the activities of or selectively punish journalists, bloggers, and social media users. Individuals labeled a “foreign agent” are required to register with the Ministry of Justice, and those living abroad also must create and register a legal entity inside the country in order to publish materials inside the country. All information published by the “foreign agent” individual must be marked as having been produced by a “foreign agent.” Fines for noncompliance with the law range from 10,000 to five million rubles ($133 to $66,500).

A parliamentary commission investigated alleged foreign interference into Russian domestic affairs. After the September 13 regional elections, the commission reported that “foreign agent” NGOs tried to discredit the election and undermine the confidence of Russians in the democratic procedures. According to the commission, the interference tactics were diverse and included disinformation on social networks and round-the-clock hacker attacks on the servers of the Russian Central Election Commission.

Violence and Harassment: Journalists continued to be subjected to arrest, imprisonment, physical attack, harassment, and intimidation as a result of their reporting. According to the Glasnost Defense Foundation, as of December incidents of violence and harassment against journalists included one killing, 42 attacks, 97 detentions by law enforcement officers, 46 prosecutions, 27 threats, and six politically motivated firings. Journalists and bloggers who uncovered government malfeasance or who criticized the government often faced harassment, either in the form of direct threats to their physical safety or threats to their livelihood, frequently through legal prosecution.

There were reports of attacks on journalists by government officials and police. For example, according to press reports, on June 30, a police officer severely injured David Frenkel, a journalist with the independent MediaZona outlet, as he was reporting on the nationwide vote on constitutional amendments in St. Petersburg. Frenkel was at a polling station investigating alleged violations of voting procedure. The head of the local voting commission requested that police remove Frenkel from the premises for purportedly interrupting the polling station’s work. A video widely circulated on social media showed the police officer tackling Frenkel, breaking his collarbone in the process. Frenkel was charged with three administrative offenses for allegedly interfering with the election commission’s work, ignoring police orders, and violating COVID-19 restrictions. Frenkel was eventually fined a nominal sum for the violations. His fines were upheld on appeal. Frenkel filed a lawsuit against the police officer involved; a preliminary investigation of the officer’s actions was reportedly launched but found no grounds for the opening of a case.

There were reports of police briefly detaining journalists to interfere with or punish them for their reporting. For example, on May 5, OVD-Info reported that police detained journalist Sergey Poznyakov as he was traveling to the editorial office of the newspaper Communists of Russia, where he worked as a correspondent. Police claimed they detained him because he did not show his documents, although Poznyakov asserted that he did. Police allegedly blocked the entrance to the newspaper’s office for five days, possibly in retaliation for its staff releasing red balloons, a symbolic gesture to communism, during a May Day celebration.

There were reports of police framing journalists for serious crimes to interfere with or punish them for their reporting. For example, Ivan Safronov, a former national security journalist for major national daily newspapers Kommersant and Vedomosti, was arrested by the FSB and charged with treason in July. Safronov was working as an aide to the head of the Russian space agency, Roscosmos, at the time of his arrest. The charges alleged Safronov was recruited by Czech intelligence agents in 2012 to pass sensitive Russian military information to another foreign government. Observers speculated the charges might be related to a 2017 Kommersant article coauthored by Safronov, detailing the potential sale of Russian military aircraft to Egypt. Safronov also provoked a strong reaction from the government for a 2019 article in Kommersant speculating on a shakeup of the leadership in the Federation Council. Safronov was subsequently fired from Kommersant, according to some accounts, due to government pressure on the publisher. Safronov’s supporters noted the treason charges complicated his defense in that independent examination of the evidence would likely be impossible. If convicted, Safronov faces up to 20 years in prison. As of December Safronov remained in custody.

There were reports of police raids on the offices of independent media outlets that observers believed were designed to punish or pressure the outlets. For example, in July police raided the offices and private homes of the opposition organization MBK Media and its associated human rights foundation, Open Russia. These raids were ostensibly connected to the continuing investigation of the Russian groups’ founder, Mikhail Khodorkovskiy, for alleged tax violations in 2003. Independent journalists believed the raids were actually tied to planned protests against recent constitutional amendments. MBK Media representatives pointed out that many of the staff members were only children in 2003, emphasizing their view that the raids were intended to interfere with their work.

In another example, in January Leonid Krivenkov, a retired cameraman for a major Russian state television broadcaster, was severely beaten by two unknown assailants. The attack came several weeks after Krivenkov gave multiple interviews detailing political censorship and corruption at the broadcaster. Krivenkov alleged the two men disparaged him for not respecting his homeland as they beat him. He was treated for a broken nose and severe bruising.

On October 15, journalist Sergey Plotnikov was abducted and beaten by unidentified persons in Khabarovsk, where he had been reporting on continuing protests in the city. He was reportedly handcuffed, driven into the forest outside the city, and threatened by shooting live rounds of ammunition into the ground near his feet. Plotnikov sustained a wound on his temple and was released the following morning.

Journalists reported threats in connection with their reporting. On April 13, Chechnya head Kadyrov posted a video statement on social media condemning Novaya Gazeta over an article alleging that local authorities’ response to COVID-19 was abusive. Kadyrov made death threats against the newspaper, stating that Russian authorities needed to stop Novaya Gazeta journalists before Chechen authorities would be forced to “commit a crime.” The article’s author, Yelena Milashina, had previously suffered an attack in Chechnya in February after she was ambushed and beaten by unknown assailants at her hotel. Kremlin spokesperson Dmitriy Peskov dismissed Kadyrov’s statement by saying that there was nothing out of the ordinary in Kadyrov’s reaction to Milashina’s reporting. On September 29, a Moscow court fined Novaya Gazeta for disseminating “fake” information in the article.

There was no progress during the year in establishing accountability in a number of high-profile killings of journalists, including the 2004 killing of Paul Klebnikov, the 2006 killing of Anna Politkovskaya, and the 2009 killing of Natalia Estemirova.

Censorship or Content Restrictions: The government directly and indirectly censored media, much of which occurred online (also see section 2.a., Internet Freedom and Academic Freedom and Cultural Events).

There were reports that the government retaliated against those who produced or published content it disliked. For example, the founder and editor of the independent news site Koza.Press, Irina Murakhtayeva (known professionally as Irina Slavina), was subjected to various forms of harassment and substantial fines by law enforcement in recent years. On October 1, law enforcement officers forcibly entered her Nizhny Novgorod apartment, ostensibly with a search warrant related to the civil society organization Open Russia. On October 2, Murakhtayeva committed suicide by self-immolation outside a regional Ministry of Internal Affairs building, writing on Facebook, “For my death, please blame the Russian Federation.”

There were reports that the government placed restrictions on printing presses to prevent them from printing materials for the political opposition. For example, on June 23, the Ministry of Internal Affairs’ center for combating extremism searched a printing house in St. Petersburg. Authorities detained three activists who ordered leaflets that opposed proposed constitutional amendments and criticized President Putin. The activists were charged under an article on production or distribution of campaign materials in violation of the law during elections and referenda.

Self-censorship in independent media was also reportedly widespread.

Libel/Slander Laws: Officials at all levels used their authority to restrict the work of and to retaliate against journalists and bloggers who criticized them, including taking legal action for alleged slander or libel, which are criminal offenses. For example, on June 15, the Investigative Committee opened a criminal libel case against anticorruption crusader, opposition activist, and prominent blogger Aleksey Navalny after he used social media to criticize a WWII veteran’s participation in a propaganda video supporting President Putin’s constitutional amendments package. Navalny faced penalties ranging from a substantial monetary fine to 240 hours of community service if convicted.

National Security: Authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government or deter criticism of government policies or officials. For example, on September 9, Russian military historian Andrey Zhukov was convicted of high treason and sentenced to 12.5 years in prison. Zhukov was arrested in 2018 on allegations linked to “the history of the Russian Armed Forces and his vigorous activity online.” According to Zhukov’s colleagues, his interests included the formation, reassignment, and deployment of the country’s military units from World War I to the present. Before his arrest, Zhukov was also researching participants in World War II, their relatives, and their military awards.

There were reports that authorities charged journalists with terrorism offenses in retaliation for their reporting. For example, in June 2019 security services in Dagestan arrested Abdulmumin Gadzhiyev, a journalist and head of the religious affairs section of the independent newspaper Chernovik. Chernovik had long reported threats, politically motivated prosecutions, and other pressure for its work uncovering corruption and wrongdoing by local officials. In 2012 the newspaper’s editor in chief fled the country after receiving death threats, and its founder was shot 14 times outside the newspaper’s office in 2011, a crime that remained unsolved. Authorities charged Gadzhiyev and 10 codefendants with “taking part in the activities of a terrorist organization” and “organizing the financing of a terrorist organization” for purportedly diverting charitable donations to support the Islamic State in Syria. Conviction on the charges may result in up to 20 years’ imprisonment. Human rights defenders emphasized the charges were entirely based on a confession by a suspect who subsequently maintained that it was false and coerced, that Gadzhiyev had written critically of the Islamic State, and that there were other contradictions in the state’s case. They maintained that the case against him was fabricated. Gadzhiyev has remained in detention awaiting trial after a court repeatedly extended his pretrial detention. In April additional charges were filed against Gadzhiyev in Dagestan accusing him of participating in an extremist organization. The charges carry up to an additional 10 years in prison if Gadzhiyev is convicted. Memorial declared him to be a political prisoner.

There were reports that critics of the government’s counterterrorism policies were themselves charged with “justifying terrorism.” For example, on July 6, Pskov-based Radio Free Europe/Radio Liberty contributor Svetlana Prokopyeva was convicted of “justifying terrorism” and fined in relation to a 2018 radio piece that delved into the motivations of a teenage suicide bomber who had attacked a regional FSB office. In the piece Prokopyeva discussed whether the country’s repressive political environment might have influenced the attack. Prosecutors sought a six-year prison sentence for Prokopyeva, who was ultimately required only to pay a fine and was able to avoid incarceration. As she had been charged under antiterrorism laws, however, Prokopyeva was placed on a government list of “terrorists and extremists,” barring her from foreign travel as a result.

Internet Freedom

The government monitored all internet communications (see also section 1.f.).

The law requires internet providers to install equipment to route web traffic through servers in the country. The government continued to employ its longstanding use of the System for Operative Investigative Activities, which requires internet service providers (ISPs) to install, at their own expense, a device that routes all customer traffic to an FSB terminal. The system enables police to track private email communications, identify internet users, and monitor their internet activity. Internet advocates asserted the measure allows for surveillance by intelligence agencies and enables state authorities to control information and block content. The law also envisions the creation of an independent domain name system (DNS) for the country, separate from the global DNS. In July the Account Chamber announced that the proposed plan to create an independent DNS did not meet its deadline, citing COVID-19 related delays.

The law requires domestic and foreign businesses to store citizens’ personal data on servers located in the country. Companies that ignore this requirement risk being fined, blocked, or both. The law provides that companies refusing to localize Russian users’ data may be subject to penalties ranging from 5,000 rubles ($66) to six million rubles ($78,700), with fines of up to 18 million rubles ($236,000) for repeat offenses. In 2016 Roskomnadzor blocked access to the foreign-based professional networking website LinkedIn for failure to comply with the law; the service remained unavailable in the country without a virtual private network (VPN) service. In February a Moscow district court fined Twitter and Facebook 4.7 million rubles ($62,800) each for refusing to store the data of Russian users on servers located inside Russia. The two companies were also reportedly at risk of further fines for noncompliance with this requirement.

Telecommunications companies are required to store user data and make it available to law enforcement bodies. Companies are required to store users’ voice records for six months, and electronic correspondence (audio, images, and video) for three months.

Observers believed that the country’s security services were able to intercept and decode encrypted messages on at least some messaging platforms. The law requires telecommunications providers to provide authorities with “backdoors” around encryption technologies. Companies are fined up to six million rubles ($79,300) if they refuse to provide the FSB with decryption keys that would allow them to read users’ correspondence. The government blocked access to content and otherwise censored the internet. Roskomnadzor maintained a federal blacklist of internet sites and required ISPs to block access to web pages that the agency deemed offensive or illegal, including information that was already prohibited, such as items on the Federal List of Extremist Materials. The law gives the prosecutor general and Roskomnadzor authority to demand that ISPs block websites that promote extremist information and “mass public events that are conducted in violation of appropriate procedures.” According to the internet freedom NGO Roskomsvoboda, as of September a total of five million websites were unjustly blocked in the country. On August 10, a Moscow court fined Google for repeatedly failing to filter contents prohibited in Russia.

The law requires owners of internet search engines (news aggregators) with more than one million daily users to be accountable for the truthfulness of “publicly important” information before its dissemination. Authorities may demand that content deemed in violation be removed and impose heavy fines for refusal.

A law on the “right to be forgotten” allows individuals in the country to request that search-engine companies block search results that contain information about them. According to Freedom House’s 2020 Freedom on the Net report, the law was “routinely applied to require search engines to delete links to websites that contain personal information about an individual if it is no longer considered relevant.”

There was a growing trend of social media users being prosecuted for the political, religious, or other ideological content of posts, shares, and “likes,” which resulted in fines or prison sentences (see section 2.a., Freedom of Expression, Including for the Press).

The government prohibited online anonymity. The law requires commercial VPN services and internet anonymizers to block access to websites and internet content prohibited in the country. The law also authorizes law enforcement agencies, including the Ministry of Internal Affairs and FSB, to identify VPN services that do not comply with the ban by Roskomnadzor. By law Roskomnadzor may also block sites that provide instructions on how to circumvent government blocking. When the law came into force in 2017, Roskomnadzor announced that the majority of commercial VPNs and anonymizers used in the country had registered and intended to comply with the law, although most foreign-based VPNs had not. In March, Roskomnadzor announced the launch of an automated system for checking proxies, VPNs, and search engines for compliance with the requirements for blocking access to prohibited sites.

The law prohibits companies registered as “organizers of information dissemination,” including online messaging applications, from allowing anonymous users. Messaging applications and platforms that fail to comply with the requirements to restrict anonymous accounts may be blocked. In June 2019 authorities demanded that dating app Tinder provide messages and photos exchanged by users of the service.

There were reports of politically motivated cyberattacks. In March the Digital Revolution hackers group announced that the FSB had purchased the Fronton program, which allows for cyberattacks to crash servers and hack smart devices. On May 5, a political activist in St. Petersburg, Denis Mikhailov, reported a spam attack on the anniversary of an anti-Putin protest. Mikhailov noted that he received several hundred telephone calls from unknown numbers on that day.

Academic Freedom and Cultural Events

The government took further steps during the year to restrict academic freedom and cultural events.

There were reports that the government censored textbooks, curricula, and other school materials. For example, in January the state university Higher School of Economics (HSE) published amendments to its student rules and labor regulations. These changes limited the rights of students to make political statements on behalf of student groups, effectively prohibiting activities by students or faculty deemed “socially divisive” by university administrators. Student newspapers also lost their status as student groups at the university, eliminating their school funding. The policy changes were seen as a direct response to a number of high-profile student political protests and the appearance of an opposition leader on a student talk show in 2019.

There were reports that the government sanctioned academic personnel for their teachings, writing, research, or political views. In August the HSE decided not to renew the contracts of five lecturers due to the “reorganization” of the university. Among the lecturers was Kirill Martynov, a political correspondent for the independent Novaya Gazeta newspaper. Martynov claimed the official explanation for HSE’s failure to renew his contract was dubious, suggesting that it was related to his journalistic work. The university also failed to renew the contract of world-renowned sociologist Ella Paneyakh. Media outlets reported that HSE administrators asked their faculty members not to criticize Russian authorities while publicly identifying with the university.

During the year authorities in Chechnya retaliated against artists for alleged lack of compliance with local traditions. In July Chechnya head Kadyrov announced that singers who appear in public (including at weddings) must have their lyrics approved by the Chechen Ministry of Culture and a special commission that checks them for compliance with “the Chechen mentality.”

In June a Moscow court convicted well-known theater director Kirill Serebrennikov of embezzlement and sentenced him to a fine, three years of probation, and a three-year ban on leading a state-funded cultural institution in Russia. Serebrennikov had been on trial since 2018 for embezzlement of state funds to stage a Shakespeare play that the government alleged he never produced. According to media outlets, however, the play had been staged more than 15 times, and observers believed the charges were politically motivated, citing Serebrennikov’s participation in antigovernment protests and criticism of government policies. The prosecution was widely seen by observers as a warning to the artistic community as a whole.

There were reports that authorities failed to protect performers and audiences from threats and physical attacks during cultural events they opposed. For example, on January 30, The Economist magazine reported that teatr.doc, an experimental theater company based in Moscow, was attacked by an ultraconservative group during a play that explored LGBTI themes. The agitators allegedly entered the theater, stopped the play, and shouted homophobic slurs. Police were called in and a fight broke out, but no charges were brought. On another occasion, bomb threats were called in to the theater, forcing the performance to stop and providing authorities an opportunity to check audience members’ documents.

There were reports that authorities forced the cancellation of concerts of musicians who had been critical of the government. In most cases the FSB or other security forces visited the music venues and “highly recommended” cancelation of the concerts, which the owners and managers understood as a veiled threat against the venue if they did not comply. For example, on January 28, Novaya Gazeta reported that the Prosecutor’s Office in the Kaluga region warned the organizers of a concert by the ska-punk band Distemper that the band’s lyrics contained “propaganda of radical anarchist views” and reminded them that they faced criminal liability for “incitement to extremist activity.” As a result the organizers decided to cancel the concert.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The law provides for freedom of assembly, but local authorities restricted this right. The law requires organizers of public meetings, demonstrations, or marches by more than one person to notify the government, although authorities maintained that protest organizers must receive government permission, not just provide notification. Failure to obtain official permission to hold a protest resulted in the demonstration being viewed as unlawful by law enforcement officials, who routinely dispersed such protests. While some public demonstrations took place, on many occasions local officials selectively denied groups permission to assemble or offered alternate venues that were inconveniently or remotely located. Many public demonstrations were restricted or banned due to COVID-19 measures. Each region enforced its own restrictions. As of September, Moscow and St. Petersburg had banned all mass events.

Although they do not require official approval, authorities restricted single-person pickets and required that there be at least 164 feet separating protesters from each other. In 2017 the Constitutional Court decreed that police officers may stop a single-person picket to protect the health and safety of the picketer. In July the Ministry of Internal Affairs announced that single-person pickets are considered mass events and violate the COVID-19-related ban on mass gatherings.

The law requires that “motor rallies” and “tent city” gatherings in public places receive official permission. It requires gatherings that would interfere with pedestrian or vehicle traffic to receive official agreement 10 days prior to the event; those that do not affect traffic require three days’ notice. The law prohibits “mass rioting,” which includes teaching and learning about the organization of and participation in “mass riots.” The law allows authorities to prohibit nighttime demonstrations and meetings and levy fines for violating protest regulations and rules on holding public events.

The law provides heavy penalties for engaging in unsanctioned protests and other violations of public assembly law. Protesters convicted of multiple violations within six months may be fined substantially or imprisoned for up to five years. The law prohibits “involving a minor in participation in an unsanctioned gathering,” which is punishable by fines, 100 hours of community service, or arrest for up to 15 days.

Arrests or detentions for organizing or taking part in unsanctioned protests were common. The July 9 arrest of Khabarovsk Kray governor Sergey Furgal sparked more than four months of continuous protests in the region, with solidarity protests occurring in other Russian Far East cities including Vladivostok, Birobidzhan, and on Sakhalin Island. None of the protests was sanctioned by authorities. According to official Khabarovsk Kray statistics, between July 11 and September 6, a total of 4,126 citations were issued for drivers participating in motor rallies that “interfered” with the flow of traffic, 173 citations were issued for participation in an unsanctioned meeting, and 22 individuals were detained. Among those detained and fined was Father Andrey, an Orthodox priest who did not chant slogans or hold placards. He received the largest fine during the series of protests and was detained for three days.

In another example, on April 20, authorities detained at least 69 protesters in North Ossetia’s capital, Vladikavkaz, who opposed the government’s policy imposing self-isolation due to public-health concerns. The 2,000-person protest demanded economic support during the pandemic.

Police often broke up protests that were not officially sanctioned, at times using disproportionate force. For example, on July 19, police officers reportedly severely beat Academy of Science biochemist Anton Rasin, who was participating in a march in Vladivostok in solidarity with the Khabarovsk protests. Rasin claimed officers beat him when he asked plainclothes officers to produce their identification. On July 20, he was convicted and sentenced to five days in jail by the court for failure to obey law enforcement directions.

Authorities regularly detained single-person picketers. For example, on April 26, police detained Andrey Boyarshinov in Kazan while standing in a single-person picket to protest the demolition of a prerevolutionary building. Police claimed that Boyarshinov was in violation of a self-isolation order in connection with the COVID-19 pandemic.

Freedom of Association

The constitution provides for freedom of association, but the government did not respect it. Public organizations must register their bylaws and the names of their leaders with the Ministry of Justice. The finances of registered organizations are subject to investigation by tax authorities, and foreign grants must be registered.

The government continued to use the “foreign agents” law, which requires NGOs that receive foreign funding and engage in “political activity” to register as “foreign agents,” to harass, stigmatize, and, in some cases, halt their operation, although fewer organizations were registered than in previous years. As of December the Ministry of Justice’s registry of organizations designated as “foreign agents” included 75 NGOs. NGOs designated as “foreign agents” are banned by law from observing elections and face other restrictions on their activity.

For the purposes of implementing the foreign agents law, the government considered “political activities” to include: organizing public events, rallies, demonstrations, marches, and pickets; organizing and conducting public debates, discussions, or presentations; ‎participating in election activities aimed at influencing the result, including election observation and forming commissions; public calls to influence local and state government bodies, including calling for changes to legislation; disseminating opinions and decisions of state bodies by technology; and attempting to shape public political views, including public opinion polls or other sociological research.

To be delisted, an NGO must submit an application to the Ministry of Justice proving that it did not receive any foreign funding or engage in any political activity within the previous 12 months. If the NGO received any foreign funding, it must have returned the money within three months. The ministry would then initiate an unscheduled inspection of the NGO to determine whether it qualified for removal from the list.

The law on “foreign agents” requires that NGOs identify themselves as “foreign agents” in all of their public materials. Authorities fined NGOs for failing to disclose their “foreign agent” status on websites or printed materials. For example, as of August the human rights NGO Memorial was fined at least 24 times for purported violations of the “foreign agents” law. The fines totaled more than five million rubles ($66,500). On December 3, the Prosecutor General’s Office (PGO) initiated a search of Memorial’s Moscow headquarters to verify compliance with the “foreign agents” law. Media reported that the PGO’s “verification” would continue through December 29 and involve requests to review hundreds of documents, in what Memorial characterized as an effort to harass the NGO and hinder its work.

Organizations the government listed as “foreign agents” reported experiencing the social effects of stigmatization, such as being targeted by vandals and online criticism, in addition to losing partners and funding sources and being subjected to smear campaigns in the state-controlled press. At the same time, the “foreign agent” label did not necessarily exclude organizations from receiving state-sponsored support. As of September 2019, four NGOs labeled as “foreign agents” had received presidential grants for “socially oriented projects.”

The law requires the Ministry of Justice to maintain a list of “undesirable foreign organizations.” The list expanded during the year to 31 organizations, since the Ministry of Justice added the European Endowment for Democracy, the Jamestown Foundation, Project Harmony, Inc., seven organizations associated with Falun Gong, the Prague Civil Society Center, and the Association of Schools of Political Studies of the Council of Europe. By law a foreign organization may be found “undesirable” if it is deemed “dangerous to the foundations of the constitutional order of the Russian Federation, its national security, and defense.” Authorities have not clarified what specific threats the “undesirable” NGOs posed to the country. Any foreign organization deemed “undesirable” must cease its activities. Any money or assets found by authorities may be seized, and any citizens found guilty of continuing to work with the organization in contravention of the law may face up to seven years in prison.

Authorities imposed criminal penalties for purported violations of the law on “undesirable foreign organizations.” On October 2, a Krasnodar court convicted and sentenced Yana Antonova, a pediatric surgeon and a former coordinator of Open Russia in Krasnodar, to 240 hours of forced labor for “participating” in activities of “undesirable foreign organization.” Open Russia was declared an “undesirable foreign organization” in 2017. Authorities opened a criminal case against Antonova in March 2019 for reposting articles on her social media accounts and for conducting a single-person picket.

NGOs engaged in political activities or activities that purportedly “pose a threat to the country” or that received support from U.S. citizens or organizations are subject to suspension under the 2012 “Dima Yakovlev” law, which also prohibits NGOs from having members with dual Russian-U.S. citizenship.

Authorities continued to misuse the country’s expansive definition of extremism to stifle freedom of association. In 2017 the Supreme Court criminalized the activity of members of Jehovah’s Witnesses, prohibiting all activity of Jehovah’s Witnesses’ legal entities throughout the country and effectively banning their worship. The parent organization of the Jehovah’s Witnesses and its regional branches were placed on the Justice Ministry’s list of “extremist” groups, and members were subject to imprisonment, detention, house arrest, or criminal investigation participating in the activities of a “banned extremist organization” (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

There were reports civil society activists were beaten or attacked in retaliation for their professional activities and that in most cases law enforcement officials did not adequately investigate the incidents. For example, media outlets reported that on August 13 in St. Petersburg, Aleksandr Shurshev, a lawyer at the local office of Aleksey Navalny’s team, was beaten for the fourth time in a year. According to Shurshev, police did not respond to any of his reports of attacks.

In multiple cases, authorities arbitrarily arrested and prosecuted civil society activists in political retaliation for their work (see section 1.e.).

There were reports authorities targeted NGOs and activists representing the LGBTI community for retaliation (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but in some cases authorities restricted these rights.

In-country Movement: Although the law gives citizens the right to choose their place of residence, adult citizens must carry government-issued internal passports while traveling domestically and must register with local authorities after arriving at a different location. To have their files transferred, persons with official refugee or asylum status must notify the Ministry of Internal Affairs in advance of relocating to a district other than the one that originally granted them status. Authorities often refused to provide government services to individuals without internal passports or proper registration, and many regional governments continued to restrict this right through residential registration rules.

Authorities imposed in-country travel restrictions on individuals facing prosecution for political purposes.

Foreign Travel: The law provides for freedom to travel abroad, but the government restricted this right for certain groups. The law stipulates, for example, that a person who violates a court decision does not have a right to leave the country. A court may also prohibit a person from leaving the country for failure to satisfy debts; if the individual is suspected, accused, or convicted of a crime; or if the individual had access to classified material. The law allows for the temporary restriction of the right to leave the country for citizens with outstanding debts. According to press reports citing statistics from the Federal Bailiff Service, approximately 10 million Russians were unable to leave the country because of debts in 2019.

Since 2014 the government restricted the foreign travel of millions of its employees, prescribing which countries they are and are not allowed to visit. The restriction applies to employees of agencies including the Prosecutor General’s Office, the Ministry of Internal Affairs, the Ministry of Defense, the Federal Prison Service, the Federal Drug Control Service, the Federal Bailiff Service, the General Administration for Migration Issues (GAMI), and the Ministry of Emergency Situations.

Citizenship: There were reports that the government revoked citizenship on an arbitrary or discriminatory basis. For example, in April the Internal Affairs Ministry stripped the citizenship of Feliks Makhammadiyev and Konstantin Bazhenov, two members of Jehovah’s Witnesses convicted of “extremism” on the basis of their religious beliefs. Makhammadiyev was left stateless as a result. As of November Makhammadiyev was still serving a three-year prison term. In another case Yevgeniy Kim, who served more than three years in a Russian prison for conviction of “extremism,” was rendered stateless in January 2019 when Sverdlovsk region authorities canceled a 2005 decision to grant him citizenship after he had given up his Uzbek citizenship. Since his release in April 2019, Kim has been held in a migration detention center awaiting deportation to Uzbekistan, where authorities continued to refuse to accept him since he no longer held citizenship there.

e. Status and Treatment of Internally Displaced Persons

The Internal Displacement Monitoring Center (IDMC) estimated the country was home to 5,300 internally displaced persons (IDPs) as of December 2019. Of the 5,300 IDPs, the IDMC asserted that 1,800 were due to conflict and violence.

According to the government’s official statistics, the number of “forced” migrants, which per government definition includes refugees, asylum seekers, and IDPs, decreased from 9,485 in 2019 to 5,323 in June, of whom 1,085 were IDPs. The government indicated that the majority of forced migrants came from former Soviet republics, namely Georgia, Kazakhstan, and Uzbekistan.

Reliable information on whether the government promoted the safe, voluntary, dignified return, resettlement, or local integration of IDPs was not available. According to Svetlana Gannushkina from the independent NGOs Civic Assistance Committee and Memorial, most IDPs in the country were displaced by the Ossetian-Ingush conflict of 1992 and the Chechen wars in the mid-1990s and early 2000s. The Ossetian-Ingush conflict displaced Ingush people from the territory of North Ossetia-Alania, and the Chechen wars displaced Chechens. The government provided minimal financial support for housing to those who are registered as IDPs, but the Civic Assistance Committee criticized the government’s strict rules to qualify and the long line to wait for housing support.

f. Protection of Refugees

The UN High Commissioner for Refugees (UNHCR) reported it had a working relationship with the government on asylum, refugee, and stateless persons problems. The Civic Assistance Committee reported, however, that the government failed to provide protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that police detained, fined, and threatened with deportation migrants, refugees, and stateless persons.

The government considered Ukrainian asylum seekers to be separate from asylum seekers from other countries, such as Afghanistan, Georgia, Syria, Sudan, and Yemen. In some cases temporary asylum holders who received refugee status from third countries were not granted exit visas or allowed to depart the country.

In March the country closed its borders in response to the COVID-19 pandemic, trapping many migrants within the country. Many lost their jobs during that time and faced erratic and ad hoc repatriation measures. Lacking information and fearing the reintroduction of more stringent in-country travel restrictions, many found themselves on the street or stuck in makeshift camps near a transport hub until the country gradually opened up the borders after several months. For example, on September 21, Human Rights Watch reported on a temporary tent camp in the Samara region that housed approximately 4,500 Uzbek migrants who were waiting for a train to take them back to their country. Many had been there for months, living in extremely cramped, substandard conditions with no certainty of when they would be able to leave the country safely. On September 24, the department of the All-Russian Congress of Uzbekistanis in the Samara region announced that these migrants were granted permission to leave the country by October 3.

Refoulement: The concept of nonrefoulement is not explicitly stated in the law. The government provided some protection against the expulsion or return of persons to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. The responsible agency, GAMI, did not maintain a presence at airports or other border points and did not adequately publicize that asylum seekers may request access to the agency. Asylum seekers had to rely on the goodwill of border guards and airline personnel to call immigration officials. Otherwise they faced immediate deportation to neighboring countries or return to their countries of origin, including in some cases to countries where they may have had reasonable grounds to fear persecution. While there were no statistics available on the number of persons subjected to such actions, in May the Civic Assistance Committee reported “the scale of expulsion of refugees must be considerable.”

Human rights groups continued to allege that authorities made improper use of international agreements that permit them to detain, and possibly repatriate, persons with outstanding arrest warrants from other former Soviet states. This system, enforced by informal ties among senior law enforcement officials of the countries concerned, permitted authorities to detain individuals for up to one month while the Prosecutor General’s Office investigated the nature of the warrants. International organizations reported six cases of refoulement of asylum seekers in 2018, and NGOs cited cases in which officials detained persons (most commonly from Central Asia) and returned them clandestinely to their country of origin.

In an example of clandestine repatriation, on September 1, Shobuddin Badalov, an activist from the Group 24 movement that is banned in Tajikistan, reportedly disappeared in Nizhny Novgorod. His lawyer and associates believed he was kidnapped and extradited without judicial process to Tajikistan. Badalov had been granted temporary asylum status in 2019. On October 3, the Ministry of Internal Affairs stated that Badalov had voluntarily flown from Moscow’s Domodedovo International Airport to Dushanbe on September 1. On November 3, the government of Tajikistan confirmed Badalov’s detention in Tajikistan.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. NGOs reported applicants commonly paid informal “facilitation fees” of approximately 33,000 rubles ($440) to GAMI adjudicators to have their application reviewed. Applicants who did not speak Russian often had to pay for a private interpreter. Human rights organizations noted that nearly all newly arrived asylum seekers in large cities, particularly Moscow and St. Petersburg, were forced to apply in other regions, allegedly due to full quotas. NGOs also noted difficulty in applying for asylum due to long queues and lack of clear application procedures. GAMI approved only a small percentage of applications for refugee status and temporary asylum, except for Ukrainians whose applications had a much higher chance of approval.

Human rights organizations noted the government’s issuance of refugee and temporary asylum status decreased steadily over the previous few years, pointing to the government’s systematic and arbitrary refusal to grant asylums. NGOs also reported that authorities encouraged applicants to return to their countries of origin.

Authorities reportedly also had blanket authority to grant temporary asylum to Syrians, but local migration experts noted a decrease in the number of Syrians afforded temporary asylum, suggesting that GAMI had not renewed the temporary asylum of hundreds of Syrians and, in some cases, encouraged applicants to return to Syria.

Employment: Employers frequently refused to hire applicants who lacked residential registration. UNHCR reported that employers frequently were not familiar with laws permitting employment for refugees without work permits and refused to hire them. NGOs reported that refugees and migrants were vulnerable to exploitation in the form of forced labor because of the lack of proper documents and insufficient Russian language skills.

Access to Basic Services: By law successful temporary asylum seekers and persons whose applications were being processed have the right to work, to receive medical care, and to attend school. NGOs reported authorities provided some services to Ukrainian asylum seekers, but there were instances in which applicants from other countries were denied the same service, including access to medical care and food banks.

While federal law provides for education for all children, regional authorities occasionally denied access to schools to children of temporary asylum and refugee applicants who lacked residential registration or who did not speak Russian. The Civic Assistance Committee reported that approximately one-third of the children of refugees were enrolled in schools. When parents encountered difficulties enrolling their children in school, authorities generally cooperated with UNHCR to resolve the problem.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. As of January 1, some 41,946 persons, 96 percent of whom were citizens of Ukraine, held a certificate of temporary asylum in Russia. A person who does not satisfy the criteria for refugee status, but who for humanitarian reasons could not be expelled or deported, may receive temporary asylum after submitting a separate application. There were reports, however, of authorities not upholding the principle of temporary protection.

g. Stateless Persons

According to the 2010 population census, the country was home to 178,000 self-declared stateless persons. Official statistics did not differentiate between stateless persons and other categories of persons seeking assistance. Law, policy, and procedures allow stateless persons and their children born in the country to gain nationality. The Civic Assistance Committee noted that most stateless persons in the country were elderly, ill, or single former Soviet Union passport holders who missed the opportunity to claim Russian citizenship after the Soviet Union broke up. The NGO reported various bureaucratic hurdles as obstacles to obtaining legal status in the country.

Section 3. Freedom to Participate in the Political Process

While the law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, citizens could not fully do so because the government limited the ability of opposition parties to organize, register candidates for public office, access media outlets, and conduct political campaigns.

Elections and Political Participation

Recent Elections: On July 1, the government conducted a national vote on a package of constitutional amendments. This vote was not legally a referendum and was considered by most experts to be extraconstitutional. As such it was not bound by Russia’s normal election laws, and domestic observers were not provided a role in monitoring the poll’s conduct. Authorities mobilized administrative resources to drive up voter participation, which in effect functioned as a de facto campaign in favor of the government’s proposed amendments, while those seeking to campaign publicly against the amendments were denied the opportunity. Because the vote was not legally a referendum, no international observers were present to monitor the process.

The Organization for Security and Cooperation in Europe (OSCE) reported that the 2018 presidential election “took place in an overly controlled environment, marked by continued pressure on critical voices” and that “restrictions on the fundamental freedoms, as well as on candidate registration, have limited the space for political engagement and resulted in a lack of genuine competition.” The OSCE also noted that “television, and in particular broadcasters that are state funded, owned, or supported, remains the dominant source of political information. A restrictive legislative and regulatory framework challenges freedom of media and induces self-censorship. Voters were thus not presented with a critical assessment of the incumbent’s views and qualifications in most media.” Observers widely noted that the most serious potential challenger, Aleksey Navalny, was prevented from registering his candidacy due to a previous politically motivated criminal conviction.

In a statement on the 2016 State Duma elections, the OSCE’s election observation mission noted, “Democratic commitments continue to be challenged and the electoral environment was negatively affected by restrictions to fundamental freedoms and political rights, firmly controlled media and a tightening grip on civil society…Local authorities did not always treat the candidates equally, and instances of misuse of administrative resources were noted.”

The September 13 elections of 18 governors and 11 regional legislative bodies were marked by similar allegations of government interference and manipulation. Independent election monitors logged thousands of reported abuses during these elections at the regional and local levels. For example, in a case that was emblematic of many others, the election commission of the Arkhangelsk region announced on August 4 that environmental activist Oleg Mandrykin, nominated by the opposition Yabloko Party to run in the gubernatorial election, had failed to pass the municipal filter. The election commission claimed he had not collected the required number of signatures from the municipal districts and thus was disqualified from running for the post of governor. Mandrykin reported that his supporters had faced “unprecedented pressure” from regional authorities.

Authorities sought to restrict the work of independent election monitors and promoted government-sponsored monitoring instead. Observers were prohibited from being accredited to more than one polling station, limiting the ability of civil society to monitor elections. Critics contended that the law made it difficult for domestic election monitors to conduct surprise inspections due to provisions requiring observers to register with authorities, including the polling station they intended to monitor, three days before elections. Burdensome registration regulations also hampered the work of journalists wishing to monitor elections as well as independent or nonpartisan groups.

The election-monitoring NGO Golos announced that the September 13 election took place under the worst electoral regulations in 25 years, with greater limits on the electoral rights of citizens and increased attacks on the rights of election observers. For example, on September 9, in the Ivanovo and Novgorod regions, security officials searched the apartments of public observation organizers, including Ruslan Zinatullin, the head of the Tatarstan branch of the Yabloko Party. Authorities continued to hamper the efforts of Golos to take part in the election process, since its work was made more difficult by a law prohibiting NGOs listed as “foreign agents,” as well as by continuing harassment and intimidation by authorities.

Political Parties and Political Participation: The process for nominating candidates for office was highly regulated and placed significant burdens on opposition parties and their candidates. While parties represented in the State Duma may nominate a presidential candidate without having to collect and submit signatures, prospective self-nominated presidential candidates must collect 300,000 signatures, no more than 7,500 from each region, and submit the signatures to the Central Election Commission for certification. Presidential candidates nominated by parties without State Duma representation must collect 100,000 signatures. An independent presidential candidate is ineligible to run if the commission finds more than 5 percent of signatures invalid.

Candidates to the State Duma may be nominated directly by constituents, political parties in single-mandate districts, or political parties on their federal list, or they may be self-nominated. Political parties select candidates for the federal lists from their ranks during party conventions via closed voting procedures. Party conventions also select single mandate candidates. Only political parties that overcame the 5 percent threshold during the previous elections may form federal and single-mandate candidate lists without collecting signatures, while parties that did not must collect 200,000 signatures to register a candidate for the Duma. Self-nominated candidates generally must gather the signatures of 3 percent of the voters in their districts.

Gubernatorial candidates nominated by registered political parties are not required to collect signatures from members of the public, although self-nominated candidates are. The law also requires gubernatorial candidates not nominated by a registered party to meet a “municipal filter” requirement. Such candidates must obtain signatures of support from a defined portion of municipal deputies, the portion of which varies by region, as well as collect signatures from at least one deputy in each of a specified portion of municipal council districts.

Observers and would-be candidates reported the municipal filter was not applied equally and that authorities pressured municipal deputies not to provide signatures to candidates who were not preapproved by authorities. They asserted that no independent candidate with the potential to defeat authorities’ favored candidates was permitted to pass through the municipal filter, while progovernment candidates were passed through the filter without fulfilling technical requirements.

In some cases opposition parties were repeatedly denied registration or faced court-mandated suspensions of their activities. On January 14, the Supreme Court ruled to suspend for three months the work of opposition leader Dmitriy Gudkov’s political party, Party of Change (officially known as Civic Initiative). The Justice Ministry filed a lawsuit against the party after refusing to register its charter because the party purportedly failed to provide the minutes from its meeting.

Authorities continued to engage in a pattern of harassment, including threats of violence, against Navalny and his supporters. On July 23, Dmitry Nizovtsev, the host of the YouTube channel for Navalny’s headquarters in Khabarovsk, was assaulted after he broadcast from a march organized to support ousted Khabarovsk Kray governor Sergey Furgal. He claimed that his attackers were linked to authorities and beat him because of his reporting and association with Navalny.

Systemic opposition parties (i.e., quasi-independent parties permitted by the government to appear on the ballot) also faced pressure. For example, media outlets reported on August 31 that representatives of the Communist Party and the Liberal Democratic Party were attacked in Novosibirsk in the run-up to the September 13 regional election, including the headquarters of Roman Yakovlev, a candidate from the Communist Party. On July 26, the Communist Party also reported that its candidates had problems with passing the municipal filter in at least three regions.

State entities or entities closely aligned with the state also influenced their employees to vote a certain way. In Omsk workers from Russian Railways told journalists they were encouraged to photograph themselves with their completed ballots for the July 1 national vote on constitutional amendments. In Yekaterinburg the clergy of some Russian Orthodox Churches encouraged their parishioners to vote in favor of the constitutional amendments.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, and they did participate. Women held less than 20 percent of elected seats in the national legislature. As of January women held approximately 5 percent of ministerial positions. While members of national minorities took an active part in political life, ethnic Russians, who constituted approximately 80 percent of the population, dominated the political and administrative system, particularly at the federal level.

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

A variety of domestic and international human rights groups operating in the country investigated and published their findings on human rights cases. Government officials were rarely cooperative or responsive to their concerns. Official harassment of independent NGOs continued and, in many instances, intensified, particularly of groups that focused on monitoring elections, engaging in environmental activism, exposing corruption, and addressing human rights abuses. NGO activities and international humanitarian assistance in the North Caucasus were severely restricted, especially in Chechnya, which closed its borders in April, purportedly to limit the spread of COVID-19. Some officials, including High Commissioner for Human Rights Tatyana Moskalkova and her regional representatives, regularly interacted and cooperated with NGOs.

Authorities continued to use a variety of laws to harass, stigmatize, and in some cases halt the operation of domestic and foreign human rights NGOs (see section 2.b., Freedom of Association).

Officials often displayed hostility toward the activities of human rights organizations and suggested their work was unpatriotic and detrimental to national security. For example, Mikhail Degtyaryov, who was appointed interim governor of Khabarovsk Kray in July, warned against believing news reports about him, asserting that negative stories reveal “the hand of the West” and “it’s not for nothing that there are so many suspicious NGOs in Russia.”

Authorities continued to apply a number of indirect tactics to suppress or close domestic NGOs, including the application of various laws and harassment in the form of prosecution, investigations, fines, and raids (see sections 1.e. and 2.b.).

Authorities generally refused to cooperate with NGOs that were critical of government activities or listed as a foreign agent. International human rights NGOs had almost no presence east of the Ural Mountains or in the North Caucasus. A few local NGOs addressed human rights problems in these regions but often chose not to work on politically sensitive topics to avoid retaliation by local authorities. One NGO in this region reported that the organization’s employees sometimes had to resort to working in an individual capacity rather than as representatives of the organization.

The United Nations or Other International Bodies: Authorities refused to cooperate with the OSCE Moscow Mechanism rapporteur investigating human rights abuses in Chechnya in 2018 and did not permit him to visit the country. Two years after the release of the rapporteur’s report, the government still had not provided the OSCE a substantive response to the report or taken action to address the report’s recommendations.

Government Human Rights Bodies: Some government institutions continued to promote human rights and intervened in selected abuse complaints, despite widespread doubt as to these institutions’ effectiveness.

Many observers did not consider the 168-member Civic Chamber, composed of government-appointed members from civil society organizations, to be an effective check on the government.

The Presidential Council for Civil Society and Human Rights (HRC) is an advisory body to the president tasked with monitoring systemic problems in legislation and individual human rights cases, developing proposals to submit to the president and government, and monitoring their implementation. The president appoints some council members by decree, and not all members operated independently. In October 2019 President Putin overhauled the HRC, dismissing several well respected human rights defenders from the council and appointing Valeriy Fadeyev, a senior member of the ruling United Russia party, as its head. Experts noted that Fadeyev worked closely with government authorities and often echoed their assessment of well-known human rights cases. In a July 8 interview with Kommersant, Fadeyev stated he did not believe there were more than 300 political prisoners in the country and that organizations such as Memorial needed to be “more careful” with their lists.

High Commissioner for Human Rights Tatyana Moskalkova was viewed as a figure with very limited autonomy. The country had regional ombudspersons in all regions with responsibilities similar to Moskalkova’s. Their effectiveness varied significantly, and local authorities often undermined their independence.

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

Women

Rape and Domestic Violence: Rape is illegal, and the law provides the same punishment for a relative, including a spouse, who commits rape as for a nonrelative. The penalty for conviction of rape is three to six years’ imprisonment for a single offense, with additional time imposed for aggravating factors. According to NGOs, many law enforcement personnel and prosecutors did not consider spousal or acquaintance rape a priority and did not encourage reporting or prosecuting such cases. NGOs reported that local police officers sometimes refused to respond to rape or domestic violence calls unless the victim’s life was directly threatened. Authorities typically did not consider rape or attempted rape to be life threatening.

Domestic violence remained a major problem. There is no domestic violence provision in the law and no legal definition of domestic violence, making it difficult to know its actual prevalence in the country. The law considers beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment. The antidomestic violence NGO ANNA Center estimated that 60 to 70 percent of women suffering from some type of domestic violence do not seek help due to fear, public shame, lack of financial independence from their partners, or lack of confidence in law enforcement authorities. Laws that address bodily harm are general in nature and do not permit police to initiate a criminal investigation unless the victim files a complaint. The burden of collecting evidence in such cases typically falls on the alleged victims. The law prohibits threats, assault, battery, and killing, but most acts of domestic violence did not fall within the jurisdiction of the prosecutor’s office. The law does not provide for protection orders, which experts believe could help keep women safe from experiencing recurrent violence by their partners.

COVID-19-related stay-at-home orders and general restrictions on movement trapped many victims of domestic violence in the same space as the perpetrators. On May 5, media outlets reported that Human Rights Commissioner Tatyana Moskalkova acknowledged that NGOs recorded an increase of more than 50 percent in the number of domestic violence cases. The ANNA Center reported that 70 percent of the women that called its hotline stated the situation at home worsened during the COVID-19 lockdown. Many victims noted they could not leave their homes due to fear of being punished for violating the stay-at-home order.

There were reports that women defending themselves from domestic violence were charged with crimes. According to a MediaZona study, approximately 80 percent of women sentenced for murder between 2016 and 2018 killed a domestic abuser in self-defense. In one case in 2018, three teenaged sisters allegedly killed their father, Mikhail Khachaturyan, in their Moscow home. In October 2019 authorities confirmed that the father had physically and sexually abused the girls for many years without any repercussions. On July 12, the Attorney General’s Office upheld the murder charges, a reversal to Deputy Prosecutor General Viktor Grin’s December 2019 recommendation to reclassify the sisters’ actions as self-defense. As of September the women remained under house arrest as they awaited a jury trial. The case ignited widespread support for the sisters across the country, with many persons calling for their release.

According to the ANNA Center, when domestic violence offenses were charged, articles under the country’s criminal law were usually applied that employed the process of private prosecution. The process of private prosecution requires the victim to gather all necessary evidence and bear all costs after the injured party or his or her guardian took the initiative to file a complaint with a magistrate judge. The NGO noted that this process severely disadvantages survivors. Experts estimated that seven of 10 such cases were dropped due to reconciliation of the parties as a result of the abuser pressuring, manipulating, and intimidating the victim who often had to continue living in the same house.

According to NGOs, police were often unwilling to register complaints of domestic violence, often saying that cases were “family matters,” frequently discouraged victims from submitting complaints, and often pressed victims to reconcile with abusers. On March 15, in response to domestic violence cases presented to the ECHR, the deputy minister of justice and the Russian representative at the ECHR, Mikhail Galperin, asserted that the state should not be held responsible for the law enforcement officials’ inaction in domestic violence cases if the perpetrator was a private person.

The majority of domestic violence cases filed with authorities were either dismissed on technical grounds or transferred to a reconciliation process conducted by a justice of the peace whose focus was on preserving the family rather than punishing the perpetrator. NGOs estimated that 3 percent of such cases eventually reached the courts. Victims of domestic violence in the North Caucasus experienced particular difficulty seeking protection from authorities. On June 26, Human Rights Watch reported that Madina Umayeva died and was buried overnight in the Chechen Republic. Umayeva’s mother, suspecting her son-in-law of beating her daughter to death and burying her to hide the evidence, had the body exhumed for autopsy. Three days after the body was exhumed, Chechnya head Ramzan Kadyrov publicly accused the mother of spreading gossip about her daughter’s death and dismissed the possibility that it constituted murder. Umayeva’s mother later appeared on television and said, “I apologize for having listened to rumors. I apologize to [you].”

NGOs noted there were government-operated institutions that provided services to affected women such as social apartments, hospitals wards, and shelters. Access to these services was often complicated, since they required proof of residency in that particular municipality, as well as proof of low-income status. In many cases these documents were controlled by the abusers and not available to victims. A strict two-month stay limit in the shelters and limited business hours of these services further restricted victims’ access to social services. After COVID-19-related restrictions forced many shelters to close temporarily, NGOs rented out apartments and hotels to shelter the victims.

Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. NGOs in Dagestan reported that FGM/C was occasionally practiced in some villages. On May 19, media outlets reported a nine-year-old girl from Ingushetia underwent an FGM procedure at a hospital in Magas in June 2019. The girl’s mother claimed that her former husband and his new wife took the girl to the hospital for the procedure without the mother’s consent. Authorities opened a criminal investigation into the hospital and the doctor who performed the operation. The clinic allegedly advertised FGM procedures performed by a pediatric gynecologist.

Other Harmful Traditional Practices: Human rights groups reported that “honor killings” of women persisted in Chechnya, Dagestan, and elsewhere in the North Caucasus, but they were rarely reported or acknowledged. Local police, doctors, and lawyers often collaborated with the families involved to cover up the crimes. For example, Russian media reported that in February in Ingushetia, Magomedbashir Mogushkov stabbed and killed his sister, Liza Yevloyeva, to “wash away the shame from the family.” On the eve of the killing, Mogushkov saw his sister on a police surveillance video when a well-known criminal, Isa Altemirov, was being detained. Altemirov’s gang was known to seduce Ingush women into extramarital relationships and blackmail them for money.

In some parts of the North Caucasus, women continued to face bride kidnapping, polygamy, forced marriage (including child marriage), legal discrimination, virginity requirements before marriage, and forced adherence to Islamic dress codes. Women in the North Caucasus often lost custody of their children after the father’s death or a divorce, due to traditional law that prohibits women from living in a house without a man. For example, on August 6, Russian media reported that Liana Sosurkayeva from Chechnya lost her two children to her husband’s brother after the husband died. She has been denied custody of the children, on the basis of Chechen traditional law.

Sexual Harassment: The law contains a general provision against compelling a person to perform actions of a sexual character by means of blackmail, threats, or by taking advantage of the victim’s economic or other dependence on the perpetrator. There is no legal definition of harassment, however, and no comprehensive guidelines on how it should be addressed. Sexual harassment was reportedly widespread, but courts often rejected victims’ claims due to lack of sufficient evidence. In January the newspaper Vedomosti published a survey showing that 16 percent of women and 7 percent of men had experienced sexual harassment in the workplace at least once in their careers. The newspaper noted that the law does little to help victims, as there is no concept of “harassment” in the labor code.

On April 29, media outlets reported that two women had accused Aleksey Venediktov, the head of the Ekho Moskvy radio station, of sexual harassment. According to Anna Veduta, Venediktov made unwanted advances toward her after a company dinner in 2012 and tried to kiss her outside her home. An activist who asked not be named recounted a similar experience in 2017. Although he had told media in 2005 that sexual harassment was a “right” at Ekho Moskvy, Venediktov denied these allegations.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. While there are no legal restrictions on access to contraceptives, very few citizens receive any kind of sexual education, hampering effectiveness. Senior government officials, the Russian Orthodox Church, and conservative groups in the country advocated stridently for increasing the birth rate, and their opposition to family planning initiatives contributed to a social stigma that impacted the use of contraceptives. Access to family planning and skilled medical birth attendants varied widely based on geography and was often extremely limited in rural areas. The government does not deny access to sexual and reproductive health services for survivors of sexual violence, but survivors may not always seek needed treatment due to social stigma and the lack of follow-through on domestic-violence cases by the criminal justice system. There were significant social and cultural barriers to family planning and reproductive health in the North Caucasus republics, including cases of female genital mutilation. Approximately 100 occupations remained banned to women because they were deemed “dangerous to the women’s reproductive health.”

Coercion in Population Control: There were reports of coerced abortion or involuntary sterilization on the part of government authorities. In October media widely reported allegations of forced sterilizations of 15 women between 2006 and 2016 at the Uktus Boarding House in Yekaterinburg, which houses orphans with health issues, the elderly, and persons with disabilities. Former residents of the institution also alleged that some women were forced to have abortions. One former resident of the institution reportedly died after undergoing sterilization surgery. Regional law enforcement and health authorities in the Sverdlovsk region launched a probe into the reports, and regional human rights ombudsperson Tatyana Merzlyakova called the alleged sterilizations “unacceptable.”

Discrimination: The constitution and law provide that men and women enjoy the same legal status and rights, but women often encountered significant restrictions. Women have experienced discrimination in the workplace, in pay, and access to credit (see section 7.d.). There are 100 jobs that the Ministry of Labor has ruled to be especially physically taxing, including firefighting, mining, and steam boiler repair, that remain off limits to women.

Children

Birth Registration: By law citizenship derives from parents at birth or from birth within the country’s territory if the parents are unknown or if the child may not claim the parents’ citizenship. Failure to register a birth resulted in the denial of public services.

Education: Education is free and compulsory through grade 11, although regional authorities frequently denied school access to the children of persons who were not registered local residents, including Roma, asylum seekers, and migrant workers.

Child Abuse: The country does not have a law on child abuse, but the law outlaws murder, battery, and rape. The penalties for conviction of such crimes range from five to 15 years in prison and, if they result in the death of a minor, up to 20 years in prison. A 2017 law that makes beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment, applies to children as well. Some Duma deputies claimed that children need discipline and authority in the family, condoning beating as a mode of discipline.

Studies indicated that violence against children was fairly common. According to a report published in April 2019 by the National Institute for Child Protection, one in four parents admitted to having beaten their children at least once with a belt. In an extreme case of child abuse, on September 11, media outlets reported that Gulmira Bukenova in Omsk region continuously beat, tied, and starved an 18-month-old boy who lived with her. The mother, Yevgeniya Kabelskaya, was forced to work for free in the household while they lived with Bukenova’s family.

Child, Early, and Forced Marriage: The minimum legal age for marriage is 18 for both men and women. Local authorities may authorize marriage from age 16 under certain circumstances. More than a dozen regions allow marriage from age 14 under special circumstances, such as pregnancy or the birth of a child.

Sexual Exploitation of Children: The age of consent is 16. The law prohibits the commercial sexual exploitation, sale, offering, or procuring of children for prostitution, and practices related to child pornography. Authorities generally enforced the law. For example, on May 8, media outlets reported that authorities detained monk Kliment (Korablev) in Orenburg region for “committing a number of sexual crimes against three minors.” Authorities held him in a pretrial detention center for more than four months. The Orthodox Church prohibited Korablev from taking part in church services until the investigation was over.

The law prohibits the manufacture, distribution, and possession with intent to distribute child pornography, but possession without intent to distribute is not prohibited by law. Manufacture and distribution of pornography involving children younger than 18 is punishable by two to eight years in prison or three to 10 years in prison if children younger than 14 are involved. Authorities considered child pornography to be a serious problem.

Roskomnadzor has the power to shut down any website immediately and without due process until its owners prove its content does not include child pornography. Roskomnadzor reported that from 2012 to 2017, it shut down 38,000 links related to child pornography, or 14 percent of all blocked links.

Institutionalized Children: There were reports of neglect as well as physical, sexual, and psychological abuse in state institutions for children. Children with disabilities were especially vulnerable. NGOs pointed to the closing of schools and strict stay-at-home orders during the height of COVID-19 measures as especially detrimental to at-risk children, including children in institutions. NGOs noted that many had limited access to social services and teachers or counselors.

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

Anti-Semitism

The 2010 census estimated the Jewish population at slightly more than 150,000. The president of the Federation of Jewish Communities of Russia has stated that the actual Jewish population is nearly one million.

Media outlets reported several cases of anti-Semitism during the year. For example, on April 13, unidentified perpetrators set fire to a synagogue and Jewish cultural center in Arkhangelsk. No one was injured, but a Jewish community leader estimated property damages at 1.5 million rubles ($19,800). Two months after the incident, police detained a 32-year-old suspect. Authorities initiated a criminal case based on intentional damage to property rather than anti-Semitism.

Leading experts from the Jewish community had varying assessments of the level of anti-Semitism in the country. While the chief rabbi of Russia stated in January that the level of anti-Semitism was at its lowest point historically, in June the president of the Federation of Jewish Communities argued that the level of latent anti-Semitism was still quite high. Some political and religious figures made anti-Semitic remarks publicly. On July 20, the Verkhnepyshminskiy City Court fined Father Sergey Romanov, a former hierarch of the Russian Orthodox Church, for making anti-Semitic remarks during one of his sermons.

Trafficking in Persons

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

Persons with Disabilities

The law provides protection for persons with physical, sensory, intellectual, and mental disabilities, including access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The government often did not enforce these provisions effectively.

The conditions of guardianship imposed by courts on persons with disabilities deprived them of almost all personal rights. Activists reported that courts declared tens of thousands of individuals “legally incompetent” due to intellectual disabilities, forcing them to go through guardians to exercise their legal rights, even when they could make decisions for themselves. Courts rarely restored legal capacity to individuals with disabilities. By law individuals with intellectual disabilities were at times prevented from marrying without a guardian’s consent.

In many cases persons with intellectual or physical disabilities were confined to institutions, where they were often subjected to abuse and neglect. Roszdravnadzor, the Federal Service for Surveillance in Health Care, announced that it found abuses in 87.4 percent of institutions for children and adults with intellectual disabilities during a 2019 audit. On November 3, Russian media reported that it was not uncommon for persons with intellectual disabilities who had recently turned 18 to die within a few months of transferring from a children’s institution to an adult neuropsychiatric boarding house due to harsh conditions. The report noted that residents were sometimes given haloperidol and other suppressive substances, sent to isolation wards, tied to beds, and prohibited from going outside freely. On May 6, media outlets reported that a Bogotolsk neuropsychiatric hospital’s junior nurse physically abused an elderly person with a disability by grabbing him and dragging him on the floor without his pants on.

Federal law requires that buildings be accessible to persons with disabilities. While there were improvements, especially in large cities such as Moscow and St. Petersburg, authorities did not effectively enforce the law in many areas of public transportation and in buildings. Many individuals in wheelchairs reported they continued to have trouble accessing public transportation and had to rely on private cars. Wheelchair-accessible street curbs are not widely available in many regions throughout the country.

Election law does not specifically mandate that polling places be accessible to persons with disabilities, and the majority of them were not. Election officials generally brought mobile ballot boxes to the homes of voters with disabilities.

The government began to implement inclusive education, but many children with disabilities continued not to study in mainstream schools due to a lack of accommodations to facilitate their individual learning needs. Many schools did not have the physical infrastructure or adequately trained staff to meet the needs of children with disabilities, leaving them no choice but to stay at home or attend specialized schools. Even when children were allowed to attend a mainstream school, many staff and children lacked understanding to meet the educational needs of the child. For example, on September 2, media outlets reported that a child with a disability at a Krasnoyarsk school was excluded from a class photograph, adding that persons with disabilities were often kept from public view.

While the law mandates inclusive education for children with disabilities, authorities generally segregated them from mainstream society through a system that institutionalized them through adulthood. Graduates of such institutions often lacked the social, educational, and vocational skills to function in society.

There appeared to be no clear standardized formal legal mechanism by which individuals could contest their assignment to a facility for persons with disabilities. The classification of children with intellectual disabilities by category of disability often followed them through their lives. The official designations “imbecile” and “idiot,” assigned by a commission that assesses children with developmental delays at age three, signified that authorities considered a child uneducable. These designations were almost always irrevocable. The designation “weak” (having a slight cognitive or intellectual disability) followed an individual on official documents, creating barriers to employment and housing after graduation from state institutions.

Members of National/Racial/Ethnic Minority Groups

The law prohibits discrimination based on nationality, but according to a 2017 report by the UN Committee on the Elimination of Racial Discrimination, officials discriminated against minorities, including through “de facto racial profiling, targeting in particular migrants and persons from Central Asia and the Caucasus.” Activists reported that police officers often stopped individuals who looked foreign and asked them for their documents, claiming that they contained mistakes even when they were in order, and demanded bribes.

Hate crimes targeting ethnic minorities continued to be a problem, although the NGO SOVA Center for Information and Analysis reported that the number of such crimes declined thanks to authorities’ effectively targeting groups that promoted racist violence. As of August 3, one individual had died and 14 had been injured in racially motivated attacks since the beginning of the year. On June 13, Timur Gavrilov, a 17-year-old medical student from Azerbaijan, died after being stabbed 20 times in Volgograd. Police later detained Vitaliy Vasilyev, an unemployed local man, who confessed to attacking Gavrilov on the basis of his ethnic identity. According to media reports, Vasilyev had ties to radical right-wing organizations and attacked the student because he wanted to “kill a non-Russian.” Authorities charged Vasilyev with murder.

According to a 2018 report by the human rights group Antidiscrimination Center Memorial (ADC Memorial), Roma faced widespread discrimination in access to resources (including water, gas, and electrical services); demolitions of houses and forced evictions, including of children, often in winter; violation of the right to education (segregation of Romani children in low-quality schools); deprivation of parental rights; and other forms of structural discrimination.

On February 21, a court in Leninsk-Kuznetskiy fined a local resident for posts on social media judged to be an “incitement to hatred or enmity” directed against Roma. The man made the posts during large-scale brawls that took place in villages near Leninsk-Kuznetskiy between Romani and non-Romani residents.

Indigenous People

The constitution and various statutes provide support for members of “small-numbered” indigenous groups of the North, Siberia, and the Far East, permitting them to create self-governing bodies and allowing them to seek compensation if economic development threatens their lands. The government granted the status of “indigenous” and its associated benefits only to those ethnic groups numbering fewer than 50,000 and maintaining their traditional way of life. A 2017 report by ADC Memorial noted the major challenges facing indigenous persons included “seizure of territories where these minorities traditionally live and maintain their households by mining and oil and gas companies; removal of self-government bodies of indigenous peoples; and repression of activists and employees of social organizations, including the fabrication of criminal cases.”

On August 9, indigenous residents of Norilsk commemorated the International Day of Indigenous Peoples by holding a march under the theme, “Industrial companies are seizing primordial lands.” A dozen individuals from the Nenets, Nganasans, Dolgans, and Entsy groups who participated in the march alleged they were oppressed, not allowed to lead a traditional way of life, and that their ability to fish was hampered. They specifically condemned industrial oil and gas giant Norilsk Nickel for destroying their way of life. Police initially tried to stop the march but eventually relented.

Indigenous sources reported state-sponsored harassment, including interrogations by security services as well as employment discrimination (see section 7.d.). Such treatment was especially acute in areas where corporations wanted to exploit natural resources. By law indigenous groups have exclusive rights to their indigenous lands, but the land itself and its natural resources belong to the state. Companies are required to pay compensation to local inhabitants, but activists asserted that local authorities rarely enforced this provision. Activists stated that interests of corporations and indigenous persons were in constant conflict.

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

The law criminalizes the distribution of “propaganda” of “nontraditional sexual relations” to minors and effectively limits the rights of free expression and assembly for citizens who wish to advocate publicly for LGBTI rights or express the opinion that homosexuality is normal. Examples of what the government considered LGBTI propaganda included materials that “directly or indirectly approve of persons who are in nontraditional sexual relationships” (see section 2.a.). The law does not prohibit discrimination against LGBTI persons in housing, employment, or access to government services, such as health care.

During the year there were reports state actors committed violence against LGBTI individuals based on their sexual orientation or gender identity, particularly in Chechnya (see section 1.a.). According to the Russian LGBT Network, as of July more than 175 LGBTI persons had fled Chechnya since 2017, the majority of whom had also left the country.

There were reports that government agents attacked, harassed, and threatened LGBTI activists. For example, on January 29, media outlets reported that Rostov-on-Don-based LGBTI activist Anna Dvornichenko fled Russia for the Netherlands after local law enforcement authorities threatened to initiate criminal and administrative cases against her for “extremist” activities and distribution of LGBTI propaganda to minors. She told media that police refused to investigate several attacks against her in which unknown assailants attacked her with pepper spray and a smoke bomb. In addition, on November 13 in St. Petersburg, masked men shouted homophobic slogans as police and Rospotrebnadzor employees disrupted the opening night of Side By Side, Russia’s only annual LGBT film festival.

LGBTI persons were particular targets of societal violence, and police often failed to respond adequately to such incidents. For example, the Russian LGBT Network reported that a transgender man was attacked while he was leaving a supermarket in the Kursk region on April 28. The assailant grabbed the man by the neck, beat him, and threatened to kill him. After seeking medical attention, the man was diagnosed with a ruptured eardrum and a concussion. According to the network, the victim filed a report, but police did not investigate the incident and refused to open a criminal case.

There were reports that authorities failed to respond when credible threats of violence were made against LGBTI persons. For example, LGBTI and feminist activist Yuliya Tsvetkova reported she had received numerous death threats, including from an organization known as “Saw” that called for violence against the LGBTI community. Tsvetkova was under investigation for the distribution of pornography and LGBTI propaganda to minors and was under house arrest when she received numerous threats that included her address and other personal details. Tsvetkova also stated that her mother had received numerous threatening telephone calls related to her case. When Tsvetkova informed police, they dismissed the reported incidents and claimed it would be impossible to investigate them.

On April 14, the Russian LGBT Network released a report that showed 11.6 percent of LGBTI respondents in their survey had experienced physical violence, 4 percent had experienced sexual violence, and 56.2 percent had experienced psychological abuse during their lifetime. The report noted that LGBTI persons faced discrimination in their place of study or work, when receiving medical services, and when searching for housing. The report also noted that transgender persons were uniquely vulnerable to discrimination and violence. The Russian LGBT Network claimed that law enforcement authorities did not always protect the rights of LGBTI individuals and were sometimes the source of violence themselves. As a result LGBTI individuals had extremely low levels of trust in courts and police.

In one example of low levels of trust in authorities, Radio Free Europe/Radio Liberty reported that in September St. Petersburg police arrested 53-year-old actor and theater producer Yuriy Yanovskiy for killing Jamshid Hatamjonov, a transgender sex worker from Uzbekistan who preferred to be called Tamara. Tamara was reported missing in January, and her dismembered body was found in July. The investigation was complicated because the victim’s acquaintances were not willing to testify due to fear authorities would identify and harass them for their sexual orientation and profession. Activists suspected that the victim did not seek any help from authorities for her client’s prior violent behaviors because she feared police.

There were reports police conducted involuntary physical exams of transgender or intersex persons. LGBTI NGO Coming Out reported that in March 2019, some police officers physically and sexually harassed a transgender woman in the process of medical transition. Police had detained her to investigate the death of her roommate. During interrogation at the police station, the victim reported that a police officer hit her approximately five times on the head, using both his open hand and his fist. The police officers also inquired repeatedly about her genitals, demanded that she display her chest, made rude comments about the shape and size of her genitals, took photographs of her, and shared the images on social media.

The Association of Russian Speaking Intersex reported that medical specialists often pressured intersex persons (or their parents if they were underage) into having so-called normalization surgery without providing accurate information about the procedure or what being intersex means.

The law prohibiting the “propaganda of nontraditional sexual orientations” restricted freedom of expression, association, and peaceful assembly for LGBTI persons and their supporters (see sections 2.a. and 2.b.). LGBTI persons reported significant societal stigma and discrimination, which some attributed to official promotion of intolerance and homophobia.

High levels of employment discrimination against LGBTI persons reportedly persisted (see section 7.d.). Activists asserted that the majority of LGBTI persons hid their sexual orientation or gender identity due to fear of losing their jobs or homes, as well as the risk of violence. LGBTI students also reported discrimination at schools and universities.

Medical practitioners reportedly continued to limit or deny LGBTI persons health services due to intolerance and prejudice. The Russian LGBT Network’s report indicated that, upon disclosing their sexual orientation or gender identity, LGBTI individuals often encountered strong negative reactions and the presumption they were mentally ill.

Transgender persons faced difficulty updating their names and gender markers on government documents to reflect their gender identity because the government had not established standard procedures, and many civil registry offices denied their requests. When documents failed to reflect their gender identity, transgender persons often faced harassment by law enforcement officers and discrimination in accessing health care, education, housing, transportation, and employment.

There were reports LGBTI persons also faced discrimination in the area of parental rights. The Russian LGBT Network reported LGBTI parents often feared that the country’s prohibition on the “propaganda of nontraditional sexual orientation” to minors would be used to remove custody of their children.

HIV and AIDS Social Stigma

Persons with HIV or AIDS faced significant legal discrimination, growing informal stigma-based barriers, and employment discrimination (see section 7.d.). They also continued to face barriers to adopting children in many cases.

According to NGO activists, men who have sex with men were unlikely to seek antiretroviral treatment, since treatment exposed the fact that these individuals had the virus, while sex workers were afraid to appear in the official system due to threats from law enforcement bodies. Many individuals who injected drugs also did not seek treatment because of the country’s aggressive criminalization of illegal drugs and the marginalization of users. Economic migrants also concealed their HIV status and avoided treatment due to fear of deportation. By law foreign citizens who are HIV-positive may be deported. The law, however, bars the deportation of HIV-positive foreigners who have a Russian national or permanent resident spouse, child, or parents. Younger women with HIV or AIDS in particular faced multiple challenges and barriers to accessing treatment because of stigma, discrimination, gender stereotypes, violence, and difficulty accessing sexual and reproductive health care.

Some prisoners with HIV or AIDS experienced abuse and denial of medical treatment and had fewer opportunities for visits with their children (see section 1.c.). For example, on January 24, media outlets reported that Giorgi Murusidze was denied HIV medication for several months while in a St. Petersburg detention center.

On September 7, the head of the Federal Scientific and Methodological Center for the Prevention and Control of AIDS had been diverted to address the COVID-19 pandemic, reducing the capacity of the center to provide patients antiretroviral therapy. An NGO noted that it was difficult for persons with HIV or AIDS to receive elective health care, as most beds for patients with infectious diseases had been diverted to COVID-19-related cases. Migrants with HIV or AIDS had an especially difficult time because many lost their jobs and had difficulty accessing health care.

Children with HIV faced discrimination in education. NGOs noted that many younger children with HIV faced resistance by other parents when trying to enroll in schools.

On July 11, the government lifted restrictions on persons with HIV who wanted to adopt children if the adoptive parents met strict criteria, such as being on dispensary observation for at least a year and having a CD4 cell level above 350 cells/milliliter.

The Ministry of Justice continued to designate HIV-related NGOs as foreign agents, effectively reducing the number of organizations that could serve the community (see section 2.b., Freedom of Association).

Other Societal Violence or Discrimination

The lack of an internal passport often prevented homeless citizens from fully securing their legal rights and social services. Homeless persons faced barriers to obtaining legal documentation as well as medical insurance, without which clinics refused to treat them. Media outlets reported that in April police fined several homeless persons for violating the self-isolation regime imposed in various cities to control the spread of COVID-19.

Promotion of Acts of Discrimination

A homophobic campaign continued in state-controlled media in which officials, journalists, and others derided LGBTI persons as “perverts,” “sodomites,” and “abnormal,” and conflated homosexuality with pedophilia.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers may form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination, but it does not require employers to reinstate workers fired due to their union activity. The law prohibits reprisals against striking workers. Unions must register with the Federal Registration Service, often a cumbersome process that includes lengthy delays and convoluted bureaucracy. The grounds on which trade union registration may be denied are not defined and can be arbitrary or unjustified. Active duty members of the military, civil servants, customs workers, judges, prosecutors, and persons working under civil contracts are excluded from the right to organize. The law requires labor unions to be independent of government bodies, employers, political parties, and NGOs.

The law places several restrictions on the right to bargain collectively. For example, only one collective bargaining agreement is permitted per enterprise, and only a union or group of unions representing at least one-half the workforce may bargain collectively. The law allows workers to elect representatives if there is no union. The law does not specify who has authority to bargain collectively when there is no trade union in an enterprise.

The law prohibits strikes in the military and emergency response services. It also prohibits strikes in essential public-service sectors, including utilities and transportation, and strikes that would threaten the country’s defense, safety, and the life and health of its workers. The law additionally prohibits some nonessential public servants from striking and imposes compulsory arbitration for railroad, postal, and municipal workers, as well as public servants in roles other than law enforcement.

Laws regulating workers’ strikes remained extremely restrictive, making it difficult to declare a strike but easy for authorities to rule a strike illegal and punish workers. It was also very difficult for those without a labor contract to go on a legal strike. For example, on July 13, according to media reports, several dozen Renaissance Heavy Industries workers staged a strike at the Gazprom plant in the Amur region demanding several months of unpaid wages. A crowd there was dispersed by riot police, and authorities charged several participants with criminal charges of hooliganism and participation in riots.

Union members must follow extensive legal requirements and engage in consultations with employers before acquiring the right to strike. Solidarity strikes and strikes on matters related to state policies are illegal, as are strikes that do not respect the onerous time limits, procedures, and requirements mandated by law. Employers may hire workers to replace strikers. Workers must give prior notice of the following aspects of a proposed strike: a list of the differences of opinion between employer and workers that triggered the strike; the date and time at which the strike is intended to start, its duration, and the number of anticipated participants; the name of the body that is leading the strike and the representatives authorized to participate in the conciliation procedures; and proposals for the minimum service to be provided during the strike. In the event a declared strike is ruled illegal and takes place, courts may confiscate union property to cover employers’ losses.

The Federal Labor and Employment Service (RosTrud) regulates employer compliance with labor law and is responsible for “controlling and supervising compliance with labor laws and other legal acts which deal with labor norms” by employers. Several state agencies, including the Ministry of Justice, the Prosecutor’s Office, RosTrud, and the Ministry of Internal Affairs, are responsible for enforcing the law. These agencies, however, frequently failed to enforce the law, and violations of freedom of association and collective bargaining provisions were common. Penalties for violations were not commensurate with those under other similar laws related to civil rights.

Employers frequently engaged in reprisals against workers for independent union activity, including threatening to assign them to night shifts, denying benefits, and blacklisting or firing them. Although unions were occasionally successful in court, in most cases managers who engaged in antiunion activities did not face penalties. For example, in June the independent university teachers’ union University Solidarity called on the heads of the Yugra State University to stop discrimination against Vanda Tilles, a professor and union member at that university. Tilles claimed that the lack of transparency in the promotion system at the university promoted the firing of active union leaders.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor but allows for it as a penal sentence, in some cases as prison labor contracted to private enterprises.

The government was not effective in enforcing laws against forced labor, and there was a government policy or pattern of forced labor. Prescribed penalties for violations were commensurate with those for other serious crimes. Instances of labor trafficking have been reported in the construction, manufacturing, logging, textile, and maritime industries, as well as in saw mills, agriculture, sheep farms, grocery and retail stores, restaurants, waste sorting, street sweeping, domestic service, and forced begging (see section 7.c.). Serious gaps remained in protecting migrant laborers, particularly from North Korea, who generally earned 40 percent less than the average salary. Migrant workers at times experienced exploitative labor conditions characteristic of trafficking cases, such as withholding of identity documents, nonpayment for services rendered, physical abuse, unsafe working conditions, and extremely poor living conditions.

Under a state-to-state agreement in effect since 2009, North Korean citizens worked in the country in a variety of sectors, including the logging and construction industries in the Far East. In order to comply with the 2017 UN Security Council Resolution prohibiting the employment of North Koreans, Russia has largely eliminated North Korean laborers working in the country legally and continues to affirm its commitment to do so. The country failed, however, to return all North Korean workers by the December 2019 UN deadline and claimed that North Korea’s closing of its borders due to the COVID-19 pandemic hindered the effort. The Ministry of Internal Affairs was believed to have manipulated its publicly available data on the number of North Koreans working in the country. Observers believed a significant number of North Koreans entering the country on student, tourist, and “other” visa categories since the introduction of UN sanctions came to work rather than their stated purpose of travel, especially in the Far East.

Authorities failed to screen departing North Korean workers for human trafficking and indications of forced labor.

There were reports of forced labor in the production of bricks, raising livestock, and at sawmills, primarily in Dagestan. While both men and women were exploited for forced labor in these industries in the Northern Caucasus region, victims were primarily male job seekers recruited in Moscow.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than 16 in most cases and regulates the working conditions of children younger than 18. The law permits children to work at 14 under certain conditions and with the approval of a parent or guardian. Such work must not threaten the child’s health or welfare. The law lists occupations restricted for children younger than 18, including work in unhealthy or dangerous conditions, underground work, or jobs that might endanger a child’s health and moral development.

RosTrud is responsible for inspecting enterprises and organizations to identify violations of labor and occupational health standards for minors. The government effectively enforced the law, although penalties for violations were not commensurate with those for other serious crimes.

Child labor was uncommon but could occur in the informal service and retail sectors. Some children, both Russian and foreign, were subjected to commercial sexual exploitation, forced participation in the production of pornography, and forced begging (see section 6, Children).

Also, see the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law does not prohibit discrimination based on sexual orientation, HIV status, gender identity, or disability. Although the country placed a general ban on discrimination, the government did not effectively enforce the law and penalties for violations were not commensurate with those for other similar laws related to civil rights.

Discrimination based on gender in compensation, professional training, hiring, and dismissal was common. Employers often preferred to hire men to save on maternity and child-care costs and to avoid the perceived unreliability associated with women with small children. Such discrimination was often very difficult to prove.

The law prohibits employer discrimination in posting job vacancy information. It also prohibits employers from requesting workers with specific gender, race, nationality, address registration, age, and other factors unrelated to personal skills and competencies. Notwithstanding the law, vacancy announcements sometimes specified gender and age requirements, and some also specified a desired physical appearance.

According to the Center for Social and Labor Rights, courts often ruled in favor of employees filing complaints, but the sums awarded were often seen as not worth the cost and time required to take legal action.

The law restricts women’s employment in jobs with “harmful or dangerous conditions or work underground, except in nonphysical jobs or sanitary and consumer services,” and forbids women’s employment in “manual handling of bulk weights that exceed the limits set for their handling.”

The law includes numerous tasks prohibited for women and includes restrictions on women’s employment in mining, manufacturing, and construction. During the year women were prohibited from employment in 456 labor categories. In late 2019 the law was amended to reduce the number of labor categories prohibited to woman to 98, starting in 2021. According to the Ministry of Labor, women on average earned 27.9 percent less than men in 2019. The legal age requirements for women and men to access either their full or partial pension benefits are not equal.

The law does not prohibit sexual harassment in the workplace, and there are no criminal or civil remedies for sexual harassment experienced in the workplace.

The law requires applicants to undergo a mandatory pre-employment health screening for some jobs listed in the labor code or when enrolling at educational institutions. The medical commission may restrict or prohibit access to jobs and secondary or higher education if it finds signs of physical or mental problems. The law prohibits discrimination of persons with disabilities, but they were often subjected to employment discrimination. Companies with 35 to 100 employees have an employment quota of 1 to 3 percent for persons with disabilities, while those with more than 100 employees have a 2 to 4 percent quota. An NGO noted that some companies kept persons with disabilities on the payroll in order to fulfill the quotas but did not actually provide employment for them. Inadequate workplace access for persons with disabilities also limited their work opportunities.

Many migrants regularly faced discrimination and hazardous or exploitative working conditions. Despite President Putin signing a decree in April to extend the validity of documents necessary for temporary residency and labor within the country in response to COVID-19 restrictions, media outlets reported numerous cases of migrants being threatened with deportation or forced to pay to extend their status. For example, on May 14, media outlets reported that the employer of a Uzbek citizen who had been working legally in the country for 15 years forced him to pay for the extension of his work permit during the two months he was on unpaid leave and threatened to call authorities if he refused.

Employment discrimination based on sexual orientation and gender identity was a problem, especially in the public sector and education. Employers fired LGBTI persons for their sexual orientation, gender identity, or public activism in support of LGBTI rights. Primary and secondary school teachers were often the targets of such pressure due to the law on “propaganda of nontraditional sexual orientation” targeted at minors (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

Persons with HIV or AIDS were prohibited from working in areas of medical research and medicine that dealt with bodily fluids, including surgery and blood drives. The Ministry of Internal Affairs does not hire persons with HIV or AIDS, although a person who contracts HIV or AIDS while employed is protected from losing their job.

e. Acceptable Conditions of Work

The monthly minimum wage increased to the official poverty level on January 1. Some local governments enacted minimum wage rates higher than the national rate.

Nonpayment of wages is a criminal offense and is punishable by fines, compulsory labor, or imprisonment. Federal law provides for administrative fines of employers who fail to pay salaries and sets progressive compensation scales for workers affected by wage arrears. The government did not effectively enforce the law, and nonpayment or late payment of wages remained widespread. According to the Federal State Statistics Service, Rosstat, as of October 1, wage arrears amounted to approximately 1.83 billion rubles ($23.8 million).

The law provides for standard workhours, overtime, and annual leave. The standard workweek may not exceed 40 hours. Employers may not request overtime work from pregnant women, workers younger than age 18, and other categories of employees specified by federal law. Standard annual paid leave is 28 calendar days. Employees who perform work involving harmful or dangerous labor conditions and employees in the Far North regions receive additional annual paid leave. Organizations have discretion to grant additional leave to employees.

The law stipulates that payment for overtime must be at least 150 percent for the first two hours and not less than 200 percent after that. At an employee’s request, overtime may be compensated by additional holiday leave. Overtime work may not exceed four hours in a two-day period or 120 hours in a year for each employee. The government did effectively enforce minimum wage and hour laws, and penalties for violations were commensurate with those for other similar crimes.

The law establishes minimum conditions for workplace safety and worker health, but it does not explicitly allow workers to remove themselves from hazardous workplaces without threat to their employment. The law entitles foreigners working in the country to the same rights and protections as citizens.

Occupational safety and health standards were appropriate within the main industries. Government inspectors are responsible for enforcement and generally applied the law in the formal sector. Serious breaches of occupational safety and health provisions are criminal offenses and penalties for violations were commensurate with those of other similar crimes. Experts generally pointed to prevention of these offenses, rather than adequacy of available punishment, as the main challenge to protection of worker rights. The number of labor inspectors was insufficient to enforce the law in all sectors. RosTrud, the agency that enforces the provisions, noted state labor inspectors needed additional professional training and that the agency needed additional inspectors to enforce consistent compliance. Inspectors had the authority to make unannounced inspections and initiate sanctions.

At the end of 2019, an estimated 13 million persons were employed in the shadow economy. Employment in the informal sector was concentrated in the southern regions. The largest share of laborers in the informal economy was concentrated in the trade, construction, and agricultural sectors, where workers were more vulnerable to exploitative working conditions. Labor migrants worked in low-skilled jobs in construction but also in housing, utilities, agriculture, and retail trade sectors, often informally. Labor law and protections apply to workers in the informal sector.

No national-level information was available on the number of workplace accidents or fatalities during the year. According to Rosstat, in 2019 approximately 23,300 workers were injured in industrial accidents, including 1,060 deaths.

Tibet

Read A Section: Tibet

China | Hong Kong | Macau

EXECUTIVE SUMMARY

The majority of ethnic Tibetans in the People’s Republic of China live in the Tibetan Autonomous Region and Tibetan autonomous prefectures and counties in Sichuan, Qinghai, Yunnan, and Gansu provinces. The Chinese Communist Party’s Central Committee exercises paramount authority over Tibetan areas. As in other predominantly minority areas of the People’s Republic of China, ethnic Han Chinese members of the party held the overwhelming majority of top party, government, police, and military positions in the autonomous region and other Tibetan areas. Ultimate authority rests with the 25-member Political Bureau (Politburo) of the Chinese Communist Party Central Committee and its seven-member Standing Committee in Beijing, neither of which had any Tibetan members.

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

Significant human rights issues included: torture and cases of cruel, inhuman, and degrading treatment or punishment by the government; arbitrary arrest or detention; political prisoners; politically motivated reprisal against individuals located outside the country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including censorship and site blocking; substantial interference with the freedom of peaceful assembly and freedom of association; severe restrictions on religious freedom, despite nominal constitutional protections voided by regulations restricting religious freedom and effectively placing Tibetan Buddhism under central government control; severe restrictions on freedom of movement; the inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of corruption; coerced abortion or forced sterilization; and violence or threats of violence targeting indigenous persons.

Disciplinary procedures for officials were opaque, and there was no publicly available information to indicate senior officials punished security personnel or other authorities for behavior defined under laws and regulations of the People’s Republic of China as abuses of power and authority.

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

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

There were no public reports or credible allegations the government or its agents committed arbitrary or unlawful killings. There were no reports that officials investigated or punished those responsible for unlawful killings in previous years.

b. Disappearance

Unlike in previous years, there were no public reports or credible allegations of new disappearances carried out by authorities or their agents.

Derung Tsering Dhundrup, a senior Tibetan scholar who was also the deputy secretary of the Sichuan Tibet Studies Society, was reportedly detained in June 2019, and his whereabouts remained unknown as of December. Gen Sonam, a senior manager of the Potala Palace, was reportedly detained in July 2019, and his whereabouts were unknown as of December.

The whereabouts of the 11th Panchen Lama, Gedhun Choekyi Nyima, the second most prominent figure after the Dalai Lama in Tibetan Buddhism’s Gelug school, remained unknown. Neither he nor his parents have been seen since People’s Republic of China (PRC) authorities disappeared them in 1995, when he was six years old. In May shortly after the 25th anniversary of his abduction, a PRC Ministry of Foreign Affairs spokesperson stated the Panchen Lama was a college graduate with a job and that neither he nor his family wished to be disturbed in their “current normal lives.” The spokesperson did not provide any further specifics.

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

According to credible sources, police and prison authorities employed torture and cruel, inhuman, or degrading treatment or punishment in dealing with some detainees and prisoners. There were reports that PRC officials severely beat some Tibetans who were incarcerated or otherwise in custody. Lhamo, a Tibetan herder, was reportedly detained by police in June for sending money to India; in August she died in a hospital after being tortured in custody in Nagchu Prefecture, Tibetan Autonomous Region (TAR).

Reports from released prisoners indicated some were permanently disabled or in extremely poor health because of the harsh treatment they endured in prison. Former prisoners also reported being isolated in small cells for months at a time and deprived of sleep, sunlight, and adequate food. In April, Gendun Sherab, a former political prisoner in the TAR’s Nakchu Prefecture died, reportedly due to injuries sustained while in custody. Gendun Sherab was arrested in 2017 for sharing a social media message from the Dalai Lama.

Prison and Detention Center Conditions

Physical Conditions: Prison conditions were harsh and potentially life threatening due to inadequate sanitary conditions and medical care. According to individuals who completed their prison terms in recent years, prisoners rarely received medical care except in cases of serious illness.

Administration: There were many cases in which officials denied visitors access to detained and imprisoned persons.

Independent Monitoring: There was no evidence of independent monitoring or observation of prisons or detention centers.

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention remained serious problems. Legal safeguards for detained or imprisoned Tibetans were inadequate in both design and implementation.

Arrest Procedures and Treatment of Detainees

Public security agencies are required by law to notify the relatives or employer of a detained person within 24 hours of their detention but often failed to do so when Tibetans and others were detained for political reasons. Public security officers may legally detain persons for up to 37 days without formally arresting or charging them. Further detention requires approval of a formal arrest by the prosecutor’s office; however, in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest.

When a suspect is formally arrested, public security authorities may detain him/her for up to an additional seven months while the case is investigated. After the completion of an investigation, the prosecutor may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may then detain a suspect for an additional 45 days before beginning judicial proceedings.

Pretrial Detention: Security officials frequently violated these legal requirements, and pretrial detention periods of more than a year were common. Individuals detained for political or religious reasons were often held on national security charges, which have looser restrictions on the length of pretrial detention. Many political detainees were therefore held without trial far longer than other types of detainees. Authorities held many prisoners in extrajudicial detention centers without charge and never allowed them to appear in public court.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: This right does not exist in the TAR or other Tibetan areas.

e. Denial of Fair Public Trial

The judiciary was not independent of the Chinese Communist Party (CCP) or government in law or practice. In March for example, officials in Mangkhang County, TAR, announced that the local prosecutor’s office would hire five court clerks. Among the job requirements were loyalty to the CCP leadership and a critical attitude toward the 14th Dalai Lama. The November establishment of “Xi Jinping Thought on the Rule of Law” sought to strengthen this party control over the legal system.

Soon after an August meeting of senior CCP officials about Tibet during which President Xi Jinping stated the people must continue the fight against “splittism,” the Dui Hua Foundation reported that the Kandze Tibetan Autonomous Prefecture Intermediate People’s Court in Sichuan Province had convicted nine Tibetans of “inciting splittism” during the year. Little public information was available about their trials.

Trial Procedures

Criminal suspects in the PRC have the right to hire a lawyer or other defense representation, but many Tibetan defendants, particularly those facing politically motivated charges, did not have access to legal representation while in pretrial detention. In rare cases, defendants were denied access to legal representation entirely, but in many cases lawyers are unwilling to take clients due to political risks or because Tibetan families often do not have the resources to cover legal fees. For example, Tibetan language activist Tashi Wangchuk, arrested in 2016 and convicted in 2018, has been denied access to his lawyer since his conviction. Access was limited prior to his trial, and the government rejected petitions and motions appealing the verdict filed by his lawyer and other supporters, although PRC law allows for such appeals.

While some Tibetan lawyers are licensed in Tibetan areas, observers reported they were often unwilling to defend individuals in front of ethnic Han judges and prosecutors due to fear of reprisals or disbarment. In cases that authorities claimed involved “endangering state security” or “separatism,” trials often were cursory and closed. Local sources noted trials were predominantly conducted in Mandarin, with government interpreters provided for defendants who did not speak Mandarin. Court decisions, proclamations, and other judicial documents, however, generally were not published in Tibetan.

Political Prisoners and Detainees

An unknown number of Tibetans were detained, arrested, or sentenced because of their political or religious activities.

Credible outside observers examined publicly available information and, as of late 2019, identified records of 273 Tibetans known or believed to be detained or imprisoned by PRC authorities in violation of international human rights standards. Of the 115 cases for which there was available information on sentencing, punishment ranged from 15 months’ to life imprisonment. This data was believed to cover only a small fraction of the actual number of political prisoners.

In January official media reported that in 2019 the TAR prosecutor’s office approved the arrest and prosecution of 101 individuals allegedly part of “the Dalai Lama clique” for “threatening” China’s “political security.” Details, including the whereabouts of those arrested, were unknown.

Politically Motivated Reprisal against Individuals Located Outside the Country

Approximately 150,000 Tibetans live outside Tibet, many as refugees in India and Nepal. There were credible reports that the PRC continued to put heavy pressure on Nepal to implement a border systems management agreement and a mutual legal assistance treaty, as well as to conclude an extradition treaty, that could result in the refoulement of Tibetan refugees to the PRC. Nepal does not appear to have implemented either proposed agreement and has postponed action on the extradition treaty.

In January in its annual work report, the TAR Higher People’s Court noted that in 2019 the first TAR fugitive abroad was repatriated. The fugitive reportedly was charged with official-duty-related crimes. The report stated the repatriation was part of the TAR’s effort to deter corruption and “purify” the political environment; no other details were available.

The Tibetan overseas community is frequently subjected to harassment, monitoring, and cyberattacks believed to be carried out by the PRC government. In September media outlets reported PRC government efforts to hack into the phones of officials in the Office of His Holiness the Dalai Lama and of several leaders in the Central Tibetan Administration, the governance organization of the overseas Tibetan community. The PRC government at times compelled Tibetans located in China to pressure their family members seeking asylum overseas to return to China.

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

Authorities electronically and manually monitored private correspondence and searched, without warrant, private homes and businesses for photographs of the Dalai Lama and other forbidden items. Police routinely examined the cell phones of TAR residents in random stops or as part of other investigations to search for “reactionary music” from India or photographs of the Dalai Lama. Authorities also questioned and detained some individuals who disseminated writings and photographs over the internet or listened to teachings of the Dalai Lama on their mobile phones.

The “grid system,” an informant system also known as the “double-linked household system,” facilitated authorities’ efforts to identify and control persons considered “extremist” or “splittist.” The grid system groups households and other establishments and encourages them to report problems to the government, including financial problems and political transgressions, in other group households. Authorities rewarded individuals with money and other forms of compensation for their reporting. The maximum reward for information leading to the arrests of social media users deemed disloyal to the government increased to 300,000 renminbi ($42,800), according to local media. This amount was six times the average per capita GDP of the TAR.

According to sources in the TAR, Tibetans frequently received telephone calls from security officials ordering them to remove from their cell phones photographs, articles, and information on international contacts the government deemed sensitive. Security officials visited the residences of those who did not comply with such orders. Media reports indicated that in some areas, households were required to have photographs of President Xi Jinping in prominent positions and were subject to inspections and fines for noncompliance. In a July case, international media reported local officials detained and beat a number of Tibetan villagers from Palyul in Sichuan’s Tibetan autonomous prefecture’s Kardze County for possessing photographs of the Dalai Lama found after raids on their residences.

The TAR regional government punished CCP members who followed the Dalai Lama, secretly harbored religious beliefs, made pilgrimages to India, or sent their children to study with Tibetans in exile.

Individuals in Tibetan areas reported they were subjected to government harassment and investigation because of family members living overseas. Observers also reported that many Tibetans traveling to visit family overseas were required to spend several weeks in political education classes after returning to China.

The government also interfered in the ability of persons to find employment. Media reports in June noted that advertisements for 114 positions of different types in Chamdo City, TAR, required applicants to “align ideologically, politically, and in action with the CCP Central Committee,” “oppose any splittist tendencies,” and “expose and criticize the Dalai Lama.” The advertisements explained that all applicants were subject to a political review prior to employment.

Section 2.