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Barbados

Executive Summary

Barbados is a multiparty parliamentary democracy. Queen Elizabeth II is the head of state. The governor general is the queen’s representative in the country and certifies all legislation on her behalf. In the 2018 national elections, the Barbados Labour Party (BLP) won all 30 seats in the legislature. BLP leader Mia Mottley was appointed as prime minister by the governor general with the support of the BLP’s overwhelming parliamentary majority.

The Royal Barbados Police Force is responsible for internal law enforcement, including migration and border enforcement. The Barbados Defence Force protects national security and may be called upon to maintain public order in times of crisis, emergency, or other specific needs. In January the prime minister transferred responsibility for oversight of police and all other law enforcement agencies to the attorney general. The defense force reports to the minister of defense and security. The law provides that police may request defense force assistance with special joint patrols. Civilian authorities maintained effective control over the police and defense forces.

Significant human rights issues included the criminalization of consensual same-sex sexual activity between men. Authorities did not enforce the law on same-sex sexual activity during the year.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively.

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. Media reported that senior officials acknowledged some official corruption occurred but said citizens were reluctant to file complaints.

Corruption: There were no formal investigations of government corruption during the year. There was unverified anecdotal evidence in the media, however, of government corruption.

Financial Disclosure: Upon assuming power in 2018, the prime minister required all high-level public officials to disclose income and assets to the government. While the government claimed officials complied with this directive, the disclosures were not published.

Botswana

Executive Summary

Botswana is a constitutional, multiparty, republican democracy. Its constitution provides for the indirect election of a president and the popular election of a National Assembly. The Botswana Democratic Party (BDP) won a majority in the October parliamentary elections, returning President Mokgweetsi Masisi to office for a five-year term and maintaining the party’s control on government that it has held since independence in 1966. The vote was generally considered free and fair by outside observers.

The Botswana Police Service (BPS), which reports to the Ministry of Defense, Justice, and Security, has primary responsibility for internal security. The Botswana Defense Force, which reports to the president through the minister of defense, justice, and security, is responsible for external security and has some domestic security responsibilities. The Directorate for Intelligence and Security Services (DISS), which reports to the Office of the President, collects and evaluates external and internal intelligence, provides personal protection to high-level government officials, and advises the presidency and government on matters of national security. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: the existence of criminal slander laws, and corruption.

The government took steps to prosecute officials who committed abuses. Impunity was generally not a problem.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally sought to implement these laws effectively. Officials tasked with enforcement lacked adequate training and resources, however. Media reports of government corruption continued during the year. There were numerous reports of government corruption. A poll during the year by Transparency International found that 7 percent of those polled had paid bribes to government officials. This number was growing from the 1 percent who reported paying bribes in a 2015 poll.

Corruption: In January the country’s former chief of DISS was arrested as part of an ongoing investigation of alleged embezzlement at the National Petroleum Fund, according to press reports. In September President Masisi suspended his personal secretary after he was charged with abuse of office, money laundering, and receiving bribes.

Financial Disclosure: In August parliament passed a bill on declaration of assets and liabilities. A 2009 presidential directive requires all cabinet ministers to declare their interests, assets, and liabilities to the president.

Gambia

Executive Summary

The Gambia’s constitution enumerates a full range of provisions and assurances for a multiparty democratic republic. In 2016 Adama Barrow, the consensus candidate of a coalition of seven opposition political parties, defeated incumbent president Yahya Jammeh in what international observers deemed a peaceful and credible election. Barrow was initially sworn into office in January 2017 in Dakar, Senegal, during a six-week political impasse when Jammeh refused to cede power. President Barrow was sworn into office again in the Gambia the following month after a peaceful regional and international intervention, led by Economic Community of West African States (ECOWAS) member countries, resulted in the former president departing for exile. In the 2017 parliamentary elections, the United Democratic Party won 31 of the 53 seats contested. International and domestic observers considered these elections to be free and fair.

The Gambia Police Force maintains internal security and reports to the minister of interior. The Gambia Armed Forces (GAF) consist of four branches: the Gambia National Army, the Gambia Navy, the Republican National Guard, and the Gambia Air Force. The GAF’s principal responsibilities are to defend the territorial integrity of the country, to aid civil authorities in emergencies, and to provide natural disaster relief assistance in agriculture, engineering, health and education. The chief of the defense staff administers the GAF and reports through the minister of defense to the president as commander in chief. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: harsh and potentially life-threatening prison conditions; lack of accountability in cases involving violence against girls and women, including rape and widespread female genital mutilation/cutting (FGM/C); trafficking in persons; and criminalization of consensual same-sex sexual conduct between adults, although the law was not enforced.

The government took steps to investigate, prosecute, or otherwise hold accountable some officials who committed abuses. Nevertheless, impunity and a lack of consistent enforcement continued to occur.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, and the government generally implemented the law; however, in prior years officials sometimes engaged in corrupt practices with impunity.

Corruption: There were no reports of high-level official corruption during the year.

In 2017 the Barrow administration set up a commission of inquiry to probe the financial dealings of former president Jammeh. On March 29, the commission presented its final report to the president, and on September 13, it was released to the public. Its findings revealed a “disproportionate amount of resources was wasted, misappropriated and diverted by former president Jammeh amounting to at least D1.06 billion dalasi ($304 million) and as a consequence (Jammeh) should be charged with theft, economic crimes and corruption.” Based on report findings, the government seized businesses, real property and other assets from Jammeh and some of his associates. Additionally, some former officials are barred from holding public office for specified periods up to lifetime.

Financial Disclosure: The law requires income and asset disclosure statements from both appointed and elected public officials; however, it does not stipulate sanctions for noncompliance. No government agency is mandated to monitor and verify financial disclosures. Declarations are not released to the public.

Ghana

Executive Summary

Ghana is a constitutional democracy with a strong presidency and a unicameral 275-seat parliament. Presidential and parliamentary elections conducted in 2016 were peaceful, and domestic and international observers assessed them to be transparent, inclusive, and credible.

The police, under the Ministry of the Interior, are responsible for maintaining law and order, but the military continued to participate in law enforcement activities in a support role, such as by protecting critical infrastructure. A separate entity, the Bureau of National Investigations, handles cases considered critical to state security and answers directly to the Ministry of National Security. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included: arbitrary or unlawful killings by the government or its agents; harsh and life-threatening prison conditions; violence against journalists including assaults, death threats and one journalist shot and killed; censorship of a free press including arrests and the closure of two radio stations for ostensible licensing irregularities; corruption in all branches of government; crimes of violence against women and girls, to which government negligence significantly contributed; infanticide of children with disabilities; criminalization of same-sex sexual conduct, although rarely enforced; and forced child labor.

The government took some steps to address corruption and abuse by officials, whether in the security forces or elsewhere in the government. This included the passage and signing into law in May of the Right to Information Bill that seeks to improve governmental accountability and transparency. Impunity remained a problem, however.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. Corruption was present in all branches of government, according to media and NGOs, and various reputable national and international surveys, such as the World Bank’s Worldwide Governance Indicators and Afrobarometer, highlighted the prevalence of corruption in the country. In October Transparency International scored the country’s defense sector as being at “very high risk” for corruption, attributed in part to the fact that, despite robust legal frameworks, opacity and lack of implementation of oversight tools weakened protections against corruption.

As of September the CHRAJ had undertaken investigations for 19 cases of corruption, and taken decisions on them for appropriate action.

Following months of advocacy by civil society groups, in March Parliament passed the Right to Information Bill, which had languished for 20 years. In May the president signed it into law, with implementation expected to begin in January 2020. The law is intended to foster more transparency and accountability in public affairs.

In December 2018 the country launched the National Anticorruption online Reporting Dashboard, an online reporting tool for the coordination of all anticorruption efforts of various bodies detailed in the National Anticorruption Action Plan. A total of 169 governmental and nongovernmental organizations have used it to report on various efforts to stem corruption in the country.

Corruption: Authorities suspended the CEO of the Public Procurement Authority in August after a report by an investigative journalist revealed that he awarded contracts to companies he owned or worked with. The president filed a petition with the CHRAJ, requesting it investigate possible breaches of conflict of interest by the CEO. The Office of the Special Prosecutor (OSP) also investigated.

According to the government’s Economic and Organized Crime Office as well as Corruption Watch, a campaign steered by the Ghana Center for Democratic Development, the country lost 9.7 billion cedis ($1.9 billion) to corruption between 2016 and 2018 in five controversial government contracts with private entities. In October deputy commissioner of the CHRAJ stated that 20 percent of the national budget and 30 percent of all procurement done by the state were lost to corruption annually.

There were credible reports police extorted money by acting as private debt collectors, setting up illegal checkpoints, and arresting citizens in exchange for bribes from disgruntled business associates of those detained. A study by the Ghana Integrity Initiative, conducted in 2016 and released in 2017, indicated that 61 percent of respondents had paid a bribe to police.

In 2017 the government established the OSP to investigate and prosecute corruption-related crimes. More than one year after being sworn into office the special prosecutor initiated some investigations but was criticized for lack of action. In the yearly budget the government allocated 180 million cedis ($34.6 million) to the OSP, but only disbursed half. Lack of office space remained a serious constraint on staffing the OSP.

Financial Disclosure: The constitution’s code of conduct for public officers establishes an income and asset declaration requirement for the head of state, ministers, cabinet members, members of parliament, and civil servants. All elected and some appointed public officials are required to make these declarations every four years and before leaving office. The CHRAJ commissioner has authority to investigate allegations of noncompliance with the law regarding asset declaration and take “such action as he considers appropriate.” Financial disclosures remain confidential unless requested through a court order. Observers criticized the financial disclosure regulation, noting that infrequent filing requirements, exclusion of filing requirements for family members of public officials, lack of public transparency, and absence of consequences for noncompliance undermined its effectiveness.

Indonesia

Executive Summary

Indonesia is a multiparty democracy. On April 17, Joko Widodo (popularly known as Jokowi) won a second five-year term as president. Voters also elected new members of the House of Representatives (DPR), as well as members of the Regional Representative Council (DPD) and provisional legislatures. Domestic and international observers deemed the elections to be free and fair.

The Indonesian National Police (POLRI) is responsible for internal security and reports directly to the president. The Indonesian National Armed Forces (TNI), under the Ministry of Defense, are responsible for external defense and under certain conditions may provide operational support to police, for example, for counterterrorism operations, maintaining public order, and addressing communal conflicts. Civilian authorities maintained control over security forces.

In Papua Province the government increased security operations following December 2018 attacks by members of the separatist Free Papua Movement (OPM), which killed 19 civilians and one army soldier at a Trans Papua road project construction site in the remote highlands district of Nduga, Papua. Ongoing clashes between the OPM and security forces displaced thousands of civilians and created serious humanitarian concerns.

Significant human rights issues included: reports of arbitrary or unlawful killings by government security forces; reports of torture by police; arbitrary detention by the government; political prisoners; censorship, including laws addressing treason, blasphemy, defamation, decency, site blocking, and criminal libel; corruption; violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; criminalization of same-sex sexual activities at the local level; and forced or compulsory labor.

While the government took steps to investigate and prosecute some officials who committed human rights abuses, impunity for serious human rights abuses remained a concern. At times the courts meted out disparate and more severe punishment for civilians than for government officials found guilty of the same crimes.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but government efforts to enforce the law were insufficient. Elements within the government, police, and judiciary undermined efforts to prosecute corrupt officials. Despite the arrest and conviction of many high-profile and high-ranking officials, there was a widespread domestic and international perception that corruption remained endemic. The KPK, POLRI, the TNI Special Economics Crime Unit, and the Attorney General’s Office have jurisdiction for investigating and prosecuting corruption cases. The KPK does not have authority to investigate members of the military, nor does it have jurisdiction in cases where state losses are valued at less than IDR one billion ($71,400).

In September the DPR enacted amendments to the KPK law, which many NGOs and activists stated would weaken the ability of the agency to undertake anticorruption investigations. The law establishes a supervisory body whose responsibilities include approving KPK wiretaps and removes the KPK’s independent status by making it part of the executive branch.

KPK investigators were sometimes harassed, intimidated, or attacked due to their anticorruption work. Police confirmed that small explosive devices were found outside the homes of KPK Chairman Agus Rahardjo and Deputy Chairman Laode Syarief on January 9.

Corruption: The KPK investigated and prosecuted officials suspected of corruption at all levels of government. Several high-profile corruption cases involved large-scale government procurement or construction programs and implicated legislators, governors, regents, judges, police, and civil servants. From the end of 2018 to mid-2019, the KPK carried out investigations and prosecutions and recovered state assets worth approximately IDR 753 billion ($53.8 million). In 2018 the KPK conducted 164 investigations, initiated 199 prosecutions, and completed 113 cases resulting in convictions.

In one case, in March the KPK arrested Golkar Party DPR member Bowo Sidik Pangarso for allegedly accepting approximately $570,000 in multiple currencies from a private transportation company, reportedly for use in vote buying for the April 17 elections. In another case, in August the KPK arrested Ahmad Yani, a Muara Enim regent, for allegedly taking bribes relating to a public works project. On October 16, the KPK arrested Medan city mayor Dzulmi Eldin for allegedly receiving bribes totaling approximately IDR 328 million ($23,400). Corruption courts handed down convictions in cases involving elected officials at the provincial, district, and mayoral levels.

According to NGOs and media reports, police commonly demanded bribes ranging from minor payoffs in traffic cases to large amounts in criminal investigations. Corrupt officials sometimes subjected migrants returning from abroad, primarily women, to arbitrary strip searches, theft, and extortion.

Bribes and extortion influenced prosecution, conviction, and sentencing in civil and criminal cases. Anticorruption NGOs accused key individuals in the justice system of accepting bribes and condoning suspected corruption. Legal aid organizations reported cases often moved very slowly unless a bribe was paid and in some cases prosecutors demanded payments from defendants to ensure a less zealous prosecution or to make a case disappear. In May the KPK arrested a judge from the Balikpapan Court for accepting $35,600 in exchange for a not-guilty verdict relating to forgery charges.

The National Ombudsman Commission received complaints related to litigation favors and maladministration in court decisions. In the first quarter of the year, the Judicial Commission received 740 public complaints of judicial misconduct. During the same period, the commission recommended sanctions against 58 judges accused of manipulating trials.

Financial Disclosure: The law requires senior government officials as well as other officials working in certain agencies to file financial disclosure reports. The law requires that the reports include all assets held by the officials, their spouses, and their dependent children. The law requires reports be filed when the official takes office, every two years thereafter, within two months of leaving office, and immediately upon request by the KPK. The KPK is responsible for verifying disclosures and publicizing them in the State Gazette and on the internet. There are criminal sanctions for noncompliance in cases involving corruption. Not all assets were verified due to human resource limitations within the KPK.

Libya

Executive Summary

Libya’s Government of National Accord (GNA) is a transitional government, created by the 2015 Libyan Political Agreement. The 2011 Constitutional Declaration envisions a parliamentary democracy that allows for the exercise of political, civil, and judicial rights. Citizens elected an interim legislature, the Libyan House of Representatives (HoR), in free and fair elections in 2014. The country is in a state of civil conflict. The GNA, headed by Libyan prime minister Fayez al-Sarraj, governed only a limited portion of the country. Parallel, unrecognized institutions in eastern Libya, especially those aligned with the self-styled “Libyan National Army” (LNA) led by General Khalifa Haftar, continued to challenge the authority of the GNA.

During the year the GNA had limited effective control over security forces, and these forces consisted of a mix of semi-regular units, tribal nonstate armed groups, and civilian volunteers. The national police force, which reports to the Ministry of Interior, has official responsibility for internal security. The armed forces under the Ministry of Defense have the primary mission for external defense, but they also supported Ministry of Interior forces on internal security matters. Civilian authorities had only nominal control of police and the security apparatus, and security-related police work generally fell to disparate informal armed groups, which received salaries from the government and exercised law enforcement functions without formal training or supervision and with varying degrees of accountability.

Conflict heightened during the year among GNA-aligned armed nonstate armed groups and other nonstate actors. The LNA exercised varying levels of control over the majority of Libyan territory at various points during the year. Informal nonstate armed groups filled security vacuums across the country, although several in the west aligned with the GNA as a means of accessing state resources. ISIS-Libya attempted to maintain a presence, although limited, primarily in the southwestern desert region. The UN and international partners were leading efforts to broker a cessation of hostilities in Tripoli and urged stakeholders to return to a UN-mediated political process.

Significant human rights issues included arbitrary and unlawful killings, including of politicians and members of civil society, by armed groups including some aligned with the GNA and the LNA, criminal gangs, and ISIS-Libya; forced disappearances; torture perpetrated by armed groups on all sides; arbitrary arrest and detention; harsh and life-threatening conditions in prison and detention facilities, some of which were outside government control; political prisoners held by nonstate actors; unlawful interference with privacy, often by nonstate actors; undue restrictions on free expression and the press, including violence against journalists and criminalization of political expression; widespread corruption; trafficking in persons; threats of violence against ethnic minorities and foreigners; criminalization of same-sex sexual orientation; and use of forced labor.

Impunity from prosecution was a severe and pervasive problem. Divisions between political and security apparatuses in the west and east, a security vacuum in the south, and the presence of terrorist groups in some areas of the country severely inhibited the government’s ability to investigate or prosecute abuses. The government took limited steps to investigate abuses; however, constraints on the government’s reach and resources, as well as political considerations, reduced its ability or willingness to prosecute and punish those who committed such abuses. Although bodies such as the Ministry of Justice and the Office of the Attorney General issued arrest warrants and opened prosecutions of abuses, limited policing capacity and fears of retribution prevented orders from being carried out.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials. The government did not implement the law effectively, and officials reportedly engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year but, as in 2018, no significant investigations or prosecutions occurred.

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

Corruption: Internal conflict and the weakness of public institutions undermined implementation of the law. Officials frequently engaged with impunity in corrupt practices such as graft, bribery, and nepotism. There were numerous reports of government corruption during the year, including some reports that officials engaged in money laundering, human smuggling, and other criminal activities. The government lacked significant mechanisms to investigate corruption among police and security forces.

Slow progress in implementing decentralization legislation, particularly with regard to management of natural resources and distribution of government funds, led to accusations of corruption and calls for greater transparency.

The Audit Bureau, the highest financial regulatory authority in the country, made efforts to improve transparency by publishing annual reports on government revenues and expenditures, national projects, and administrative corruption. The Audit Bureau also investigated mismanagement at the General Electricity Company of Libya that had lowered production and led to acute power cuts.

The UN Libya Sanctions Committee Panel of Experts, a committee established pursuant to United Nations Security Council Resolution 1970 (2011), continued to make recommendations, including on corruption and human rights issues.

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

Mauritius

Executive Summary

Mauritius is a multiparty democracy governed by the prime minister, the Council of Ministers, and the National Assembly. International and local observers judged elections for the prime minister and legislators on November 7 to be free and fair. The coalition headed by the incumbent prime minister won a majority of seats.

A police commissioner heads the police and has authority over all police and other security forces, including the Coast Guard and Special Mobile Forces (a paramilitary unit that shares responsibility with police for internal security). The national police report to the Ministry of Defense. The Coast Guard and police handle external security, reporting to the Ministry of Defense. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included allegations of security force abuse of suspects and detainees; government corruption; crimes of violence against women and girls; and restrictions on labor rights.

The government took steps to prosecute and punish officials who committed abuses, whether in the security services or elsewhere in the government. Enforcement of prosecution and punishment was inconsistent and sometimes politically influenced, resulting in impunity.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity.

Corruption: There were widespread anecdotal reports that corruption occurred, but during the year no complaints were lodged with police or with the Independent Commission Against Corruption.

Financial Disclosure: The law requires national government cabinet officers and commissioners of the Rodrigues Island Regional Assembly to make a public disclosure of assets upon taking office and at the dissolution of the National Assembly or the Rodrigues Island Regional Assembly. On August 22, the Declarations of Assets Act was amended to extend financial disclosure to senior civil servants and political appointees to government agencies; however, the government did not always enforce the law.

Namibia

Executive Summary

Namibia is a constitutional multiparty democracy. In the presidential and parliamentary elections on November 27, President Hage Geingob won a second five-year term, and the South West African People’s Organization (Swapo) retained its large parliamentary majority, winning 63 of 96 National Assembly seats. In local and regional elections in 2015, Swapo won 112 of 121 regional council seats and gained control of 54 of 57 municipal councils. International observers characterized the November and the 2015 elections as generally free and fair.

The national police maintain internal security. The military is responsible for external security but also has some domestic security responsibilities. The Namibian Police Force (NamPol) reports to the Ministry of Safety and Security. The Namibian Defense Force (NDF) reports to the Ministry of Defense. Civilian authorities maintained effective control over the security forces.

Significant human rights issues were limited to acts of official corruption.

The government took steps to prosecute or administratively punish officials who committed abuses, whether in the security services or elsewhere in the government.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity. There were reports of corruption by individuals in government. The Anti-Corruption Commission (ACC) continued implementation of the four-year National Anticorruption Strategy and Action Plan 2016-2019, aimed at increasing accountability in all areas of government and preventing corruption.

Corruption: On November 13, the minister of fisheries and marine resources and the minister of justice resigned their positions within hours of media reports alleging their involvement in a scandal that may have generated as much as N$150 million ($10.4 million) from the illicit issuance of fishing licenses. Both former ministers were arrested, charged with bribery, and had their names removed from the list of Swapo party National Assembly representatives. On July 8, in a separate case the minister of education, arts, and culture was found guilty on charges of corrupt abuse of office for actions taken in 2014 when she served as a regional governor. The minister was fined N$50,000 ($3,470) and resigned her position, but she continued to serve as a member of the National Assembly.

Financial Disclosure: The parliamentary code of conduct requires members to make annual declarations of financial interests. The declaration form includes a confidential portion to which the public does not have access. Compliance was inconsistent and not strictly enforced.

Panama

Executive Summary

Panama is a multiparty constitutional democracy. In May voters chose Laurentino Cortizo Cohen as president in national elections that international and domestic observers considered generally free and fair.

The country has no military forces. The Panama National Police (PNP) is principally responsible for internal law enforcement and public order, while additional security forces are responsible for border control and aero naval security. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: harsh prison conditions; restrictions on free expression, the press, and the internet, including through censorship and criminal libel lawsuits; and forced child labor.

The law provides criminal penalties for corruption by officials, but the government generally did not implement the law effectively.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government generally did not implement the law effectively. The government used anticorruption mechanisms such as asset forfeiture, whistleblower and witness protection, plea bargaining, and professional conflict-of-interest rules to address corrupt practices among government employees and security forces. Nevertheless, corruption remained a problem in the executive, judicial and legislative branches as well as in the security forces.

Corruption: The Public Ministry continued investigations into allegations of corruption against public officials but many have not resulted in convictions, and in one high-profile case, a court order denied requests for extensions of the legal timelines for more investigations. In a March hearing, an anticorruption prosecutor asked a criminal judge to convict six penitentiary system employees for corruption and six individuals are under fraud charges. Corruption and a lack of accountability among police continued to be a problem. The new administration that took office in July made personnel changes in all public forces agencies. Agents were dismissed on grounds of corruption and were under investigation by the Public Ministry. Mechanisms to investigate and punish abuse and corruption in the security forces remain centralized and opaque. The government rarely made cases of police abuse or corruption public, and the National Criminal Statistics Directorate was unable to provide strong data on police internal affairs.

As of September the Public Ministry continued the investigations of the Comptroller General’s Office’s 2018 audits of transactions between 2009 and 2014 by elected local representatives. The comptroller alleged a misuse of public funds through irregular contracts carried out by the Martinelli administration’s National Assistance Program. No charges were filed during the year.

The 2018 corruption cases filed by the Comptroller General’s Office before the Supreme Court against deputies from all political parties represented in the National Assembly were still under investigation by the court as of September.

The case continued against former minister of the presidency Demetrio “Jimmy” Papadimitriu and former minister of public works Jaime Ford, both in the Martinelli administration, detained in 2018 for alleged links to bribes paid by Brazilian multinational construction company Odebrecht. Both individuals faced money laundering and corruption charges. They were released on bail but could not leave the country without a court order. The cases remained under the inquisitorial system. Papadimitriu’s mother, Maria Bagatelas, a private citizen also involved in the Odebrecht case, was under house arrest, but in August the Supreme Court changed the measure and issued an order forbidding her from departing the country without a court’s approval.

Financial Disclosure: The law requires certain executive and judiciary officials to submit a financial disclosure statement to the Comptroller General’s Office. The information is not made public unless the official explicitly gives permission.

Philippines

Executive Summary

The Philippines is a multiparty, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. Midterm elections in May for 12 (of 24 total) senators, all congressional representatives, and local government leaders were seen as generally free and fair, despite reports of violence and vote buying. The ruling party and allies won all 12 Senate seats and maintained a roughly two-thirds majority in the 306-seat House of Representatives. Barangay (village) and youth council elections originally scheduled for 2021 were rescheduled for December 5, 2022 so that local and national elections will occur in the same year.

The Philippine National Police (PNP) is charged with maintaining internal security in most of the country and reports to the Department of the Interior. The Armed Forces of the Philippines (AFP), which reports to the Department of National Defense, is responsible for external security but also carries out domestic security functions in regions with a high incidence of conflict, particularly the Mindanao region. The two agencies share responsibility for counterterrorism and counterinsurgency operations. The PNP Special Action Force is responsible for urban counterterrorism operations. President Duterte’s May 2017 declaration of martial law for the entire region of Mindanao and the Sulu Archipelago was extended until the end of the year, giving the military expanded powers in the area. Governors, mayors, and other local officials have considerable influence over local police units, including appointment of top departmental and municipal police officers and the provision of resources. The government continued to support and arm civilian militias. The AFP controlled Civilian Armed Force Geographical Units (CAFGUs), while Civilian Volunteer Organizations (CVOs) fell under PNP command. These paramilitary units often received minimal training and were poorly monitored and regulated. Some political families and clan leaders, particularly in Mindanao, maintained private armies and, at times, recruited CVO and CAFGU members into those armies. Civilian control over security forces was not fully effective.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, by and on behalf of the government and nonstate actors; reports of forced disappearance by and on behalf of the government and nonstate actors; torture by and on behalf of the government and nonstate actors; arbitrary detention by and on behalf of the government and nonstate actors; harsh and life-threatening prison conditions; arbitrary and unlawful interference with privacy; significant problems with the independence of the judiciary; the worst forms of restrictions on free expression and the press, including violence, threats of violence, and unjustified arrests or prosecutions of journalists, censorship, and the existence of criminal libel laws; corruption; and unlawful recruitment or use of child soldiers by terrorists and groups in rebellion against the government.

The government investigated a limited number of reported human rights abuses, including abuses by its own forces, paramilitaries, and insurgent and terrorist groups. Concerns about police impunity continued following the increase in killings by police in 2016. Significant concerns also persisted about impunity for the security forces, civilian national and local government officials, and powerful business and commercial figures. Slow judicial processes remained an obstacle to bringing government officials allegedly involved in human rights abuses to justice.

Muslim separatists, communist insurgents, and terrorist groups continued to attack government security forces and civilians, causing displacement of civilians and resulting in the deaths of security force members and civilians. Terrorist organizations engaged in kidnappings for ransom, bombings of civilian targets, beheadings, and the use of child soldiers in combat or auxiliary roles.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by public officials, but the government did not implement these laws effectively, and officials frequently engaged in corrupt practices with impunity. Prolonged delays in the justice system reinforced the perception of impunity for the security forces and for national, provincial, and local government actors accused of corruption and human rights abuses.

President Duterte spoke frequently about his desire to fight corruption and fired public officials, including political allies, over allegations of corruption. In his July 22 state of the nation address, Duterte said his administration had zero tolerance for corruption, citing the Bureau of Customs (BOC) as one of the most corrupt government agencies. He directed the Office of the Ombudsman to file administrative charges against 64 BOC personnel for alleged links to corruption.

Human rights groups continued to express concern about the contribution of corruption to abuses committed by the PNP and other security forces and noted little progress in implementing and enforcing reforms aimed at improving investigations and prosecutions of suspected human rights violations.

The PNP’s institutional deficiencies and the public perception that corruption in the police was endemic continued. The PNP’s Internal Affairs Service (IAS) remained largely ineffective. From July 2016 to April 2019, senior government officials stated that the PNP received 14,724 complaints of human rights violations against its officers. Of these, the PNP recommended disciplinary procedures in 3,619 cases and decided to drop charges in 588 cases. The disposition of the remaining cases was unknown. Although the IAS claimed manpower and resource limitations hampered its investigations into deaths resulting from police operations, it asserted the majority of police operations were legitimate, lawful police actions. The PNP’s Counter-Intelligence Task Force also monitored police personnel suspected of illegal activities. Additionally, as of April the PNP reported that 7,867 police received administrative punishments, 4,100 were suspended, and 2,367 were dismissed; the number of other punishments including reprimands, demotions, forfeiture of wages, and deprivation of privileges was unknown.

From January to August, complainants reported 68 cases of alleged military and law enforcement involvement in human rights abuses to the Office of the Ombudsman, including killings, injuries, unlawful arrest, and torture. A majority of the cases were against low-ranking officials. As of August all cases remained open pending additional investigation.

Efforts continued to reform and professionalize the PNP through improved training, expanded community outreach, and salary increases. Human rights modules were included in all PNP career courses, and the PNP Human Rights Affairs Office conducted routine training nationwide on human rights responsibilities in policing. Several NGOs suggested that PNP training courses should have a follow-up mechanism to determine the effectiveness of each session.

The AFP Human Rights Office monitored and reviewed alleged human rights abuses involving members of the military. From January through July, no extrajudicial killings or murders, or forced disappearances were identified and investigated by the office.

The military routinely provided human rights training to its members, augmented by training from the CHR. Successful completion of these courses is required to complete basic training and for induction, promotion, reassignment, and selection for foreign schooling opportunities. According to AFP’s human rights office, internal human rights training is conducted from the general headquarters level down to battalion units, totaling hundreds of training exercise annually. From January to August, various AFP service units conducted five human rights-related training programs, seminars, or workshops with the CHR. CHR representatives noted that participants were highly engaged. In addition, the International Committee of the Red Cross and NGOs provided training throughout the year.

The Congressional Commission on Appointments determines whether senior military officers selected for promotion have a history of human rights violations and solicits input from the CHR and other agencies through background investigations. The commission may withhold a promotion indefinitely if it uncovers a record of abuses. Violations, however, do not preclude promotion.

Government mechanisms to investigate and punish abuse and corruption in the security forces were poorly resourced and remained largely ineffective. Potential witnesses often were unable to obtain protection. The CHR operated a small witness protection program that was overburdened by witnesses to killings in the antidrug campaign. The loss of family income due to the relocation of a family member was also, in some cases, a barrier to witnesses’ testimony. The Office of the Ombudsman also reported that witnesses often failed to come forward or to cooperate in police abuse or corruption cases. This problem sometimes followed pressure on witnesses and their families or arose from an expectation of compensation for their cooperation.

Corruption: To combat corruption, the constitution establishes the independent Office of the Ombudsman, an appellate level anticorruption court, and the Commission on Audit. All three organizations were underresourced, but they actively collaborated with the public and civil society and appeared to operate independently and use their limited resources effectively. Despite government efforts to file charges and obtain convictions in a number of cases, officials continued to engage in corrupt practices with relative impunity.

Between January and July, the Office of the Ombudsman won 334 convictions in 528 corruption cases. While the total number of cases in this period was down only a little over 10 percent, the conviction rate fell from just over 75 percent in the same period in 2018 to just over 63 percent during the year.

In July a former mayor of Tabuk, Kalinga, and his wife were convicted and sentenced to between 16 years and 10 months to up to 34 years in prison for two counts of direct bribery. In March the governor of Samar and two other former provincial staff members were convicted of graft and collectively sentenced to 115 years in prison for the “anomalous purchase” of emergency supplies worth 16.1 million pesos ($301,000) following a typhoon in 2001.

Financial Disclosure: The law requires all public officials and employees to file, under oath, a statement of assets, liabilities, and net worth (SALN) and to disclose their personal business interests and financial connections as well as those of their spouses and unmarried children living in their households. Nondisclosure is punishable by imprisonment not exceeding five years, a fine not exceeding 5,000 pesos ($93.50), or both, and, at the discretion of the court, disqualification from holding public office. The Civil Service Commission implements and enforces the law, forwarding nondisclosure cases to the Office of the Ombudsman for prosecution.

A former BOC deputy commissioner was charged with making false statements and with three counts of failing to make certain disclosures in his SALN; the falsification charge was withdrawn, he pled guilty to the other charges and was removed from office.

Seychelles

Executive Summary

Seychelles is a multiparty republic governed by a president, Council of Ministers, and National Assembly. In 2015 voters narrowly re-elected President James Michel of the People’s Party (Parti Lepep in Creole, later renamed United Seychelles) in an election that international observers criticized for voter intimidation and vote buying. In 2016 President Michel resigned and appointed Vice President Danny Faure as president. Elections are scheduled to take place in 2020. In 2016 the opposition coalition Seychellois Democratic Union (LDS) won a majority of seats in legislative assembly elections that international and domestic observers called fair but not free because they did not consider the electoral commission to be impartial. This was the LDS’s first majority in the legislature since the establishment of a multiparty system in 1993 and the first time the ruling party faced an opposition of equal or greater strength.

The Seychelles Police, which includes the unarmed police, the armed paramilitary Police Special Support Wing, the Anti-Narcotics Bureau, and the Marine Police Unit, have primary responsibility for internal security. They report to the minister of home affairs. The Seychelles People’s Defense Forces, including infantry, the Special Forces Unit, the Coast Guard, and the Air Force, are responsible for external security and assist police with internal security as needed. These military services report to the president, who acts as minister of defense.

Civilian authorities maintained effective control over the security forces.

Significant human rights issues included lack of enforcement of laws against domestic violence against girls and women, including rape, and forced labor.

The government took steps to punish officials who committed human rights abuses.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials, but due to the limited powers accorded to the Anti-Corruption Commission under the laws in place in the first part of the year, the government did not implement the law effectively. On August 5, the Anti-Corruption Act was amended to give the commission the same powers, authority, and privileges as that of a law enforcement agency to detect, prevent, investigate, and prosecute cases of corruption outside the purview of the Attorney General’s Office.

In 2018 an access to information law came into force. During the year the government appointed a CEO for the Seychelles Information Commission, and also appointed information officers in all ministries and departments. The law makes provisions on how citizens may access government information that is not classified sensitive for security and defense reasons, how agencies should respond to requests, mandates proactive disclosure and a duty to assist requestors, and defines information that is deemed classified for security and defense.

Corruption: There were no prosecutions during the year. Political wrangling prior to amendment of the Anti-Corruption Act over the commission’s powers and a small staff hindered anticorruption investigations. As of November the commission had 72 open cases. The commission received technical assistance from the EU.

Financial Disclosure: Government ministers, members of the National Assembly, and senior public servants and board members of government agencies and parastatals are required to declare their assets. Asset declarations may be made public if the information is needed for a court case or upon request to the ethics commissioner. The law was not always enforced.

Somalia

Executive Summary

Somalia is a federal parliamentary republic. President Mohamed Abdullahi Mohamed “Farmaajo,” following his election by a joint vote of the two houses of parliament in February 2017, led the Federal Government of Somalia (FGS), formed in 2012. Members of the two houses of parliament were selected through indirect elections conducted from October 2016 through January 2017, with House of the People membership chosen on clan affiliation and a power-sharing formula, and Upper House membership chosen by state assemblies. The electoral process for both houses was widely viewed as flawed and marred with corruption, but the two houses of parliament elected President Farmaajo in a process viewed as fair and transparent. The government of the self-declared Republic of Somaliland in the northwest and the regional government of Puntland in the northeast controlled their respective jurisdictions.

The provisional federal constitution states the armed forces are responsible for assuring the country’s sovereignty, independence, and territorial integrity. The Somalia National Army is also engaged in a continuing conflict with the insurgent Islamist group al-Shabaab in many parts of the country. The national, federal, and state police are responsible for protecting lives, property, peace, and security. The army reports to the Ministry of Defense, and the Somali Police Force reports to the Ministry of Internal Security. Civilian authorities did not always maintain effective control over the security forces.

Significant human rights issues included: unlawful or arbitrary killing, including extrajudicial killings, of civilians by federal government forces, clan militias, al-Shabaab, and unknown assailants; forced disappearances by al-Shabaab; torture and other cruel, inhuman, or degrading treatment or punishment by federal government forces, clan militias, al-Shabaab, and unknown assailants; arbitrary and politically motivated arrest and detentions, including of journalists by federal government forces and regional government forces; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; serious problems with the independence of the judiciary; the worst forms of restrictions on free expression, the press, and internet, including violence, threats of violence, and unjustified arrests and prosecutions of journalists, censorship, site blocking, and the existence of criminal libel laws; numerous acts of corruption; restrictions on political participation; unlawful recruitment or use of child soldiers by federal government forces, clan militias, Ahlu Sunna Wal Jama (ASWJ), and al-Shabaab; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; violence against women and girls, partly caused by government inaction; forced labor; and the worst forms of child labor.

Impunity generally remained the norm. Government authorities took minimal steps to prosecute and punish officials who committed abuses, particularly military and police personnel.

Conflict during the year involving the government, militias, the African Union Mission in Somalia (AMISOM), and al-Shabaab resulted in death, injury, and displacement of civilians. Clan militias and al-Shabaab continued to commit grave abuses throughout the country; al-Shabaab committed the majority of severe human rights abuses, particularly terrorist attacks on civilians and targeted killings, including extrajudicial and politically motivated killings; disappearances; cruel and unusual punishment; rape; and attacks on employees of nongovernmental organizations (NGOs) and the United Nations. Al-Shabaab also blocked humanitarian assistance, conscripted child soldiers, and restricted freedoms of speech, press, assembly, and movement. AMISOM troops killed civilians (see section 1.g.).

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for corruption by officials, but the government did not implement the law effectively. Government officials reportedly engaged in corrupt practices with impunity. During the year there were numerous reports of government corruption. President Farmaajo was elected on an anticorruption agenda and initially took a few steps to address corruption.

Corruption: Following years of pressure from the international community, in September, President Farmaajo signed the anticorruption bill into law and undertook to work on the formation of an independent ethics and anticorruption commission. Corruption, however, remained an issue. In October the auditor general, for the first time in the country’s history, publicly released 2018 compliance, financial, and special audits of government institutions. The release highlighted failures to comply with auditing legislation, instances of improper revenue collection and management, weaknesses in internal controls, and inconsistent submission of financial reports by federal government ministries. As part of the report, the auditor general noted that $10.7 billion Somali shillings ($18.4 million) in foreign assistance had not been properly accounted for in reports received from government ministries.

The Financial Governance Committee (FGC)–an advisory body with no legal authority but responsible for reviewing all government contracts for more than 2.8 billion Somalia shillings (five million dollars)–consisted of FGS members from the Ministry of Finance, Central Bank, Office of the President, and Office of the Prime Minister, as well as the chair of the parliamentary finance committee and state attorney general. Four delegates were funded by international financial institutions. The FGC’s 2019 report noted tangible financial governance progress in the security sector, domestic revenue, contract renegotiation, and the development of a core public financial management framework. The FGC also applauded the passage of a Public Financial Management law. At the same time, the FGC highlighted the need for more transparent management of the petroleum licensing process and a clear process for sharing natural resource revenue in order to avoid corrupt practices.

The UN Panel of Experts on Somalia continued to report on the export of charcoal in violation of a UN Security Council ban, although it noted that no significant shipments had taken place in 2019. Charcoal production and export continued in areas controlled by al-Shabaab, the Jubaland administration, and Kenyan AMISOM forces; most of the illegal export was from Kismayo, according to the UN Monitoring Group on Somalia and Eritrea.

Somaliland had a national auditor and a presidentially appointed governance and anticorruption commission, but they did not prosecute any Somaliland officials for corruption.

The UN panel reported on the substantial increase in “taxation” by Al-Shabaab, which extorted high and unpredictable zakat (a Muslim obligation to donate to charity) and sadaqa (a voluntary charity contribution paid by Muslims) taxes in the regions it controlled. In particular the panel noted increased al-Shabaab extortion from the port and airport of Mogadishu. Al-Shabaab also diverted and stole humanitarian food aid.

Financial Disclosure: The law does not require income and asset disclosure by appointed or elected officials. In 2017 Prime Minister Hassan Ali Khayre asked cabinet officials to declare their assets, but the government provided no details on the submission requirements or verification mechanisms, and no officials have voluntarily declared their assets.

Tanzania

Executive Summary

The United Republic of Tanzania is a multiparty republic consisting of the mainland region and the semiautonomous Zanzibar archipelago, whose main islands are Unguja (Zanzibar Island) and Pemba. The union is headed by a president, who is also the head of government. Its unicameral legislative body is the National Assembly (parliament). Zanzibar, although part of the union, exercises considerable autonomy and has its own government with a president, court system, and legislature. In 2015 the country held its fifth multiparty general election. Voting in the union and Zanzibari elections was judged largely free and fair, resulting in the election of a union president (John Magufuli). The chair of the Zanzibar Electoral Commission, however, declared the parallel election for Zanzibar’s president and legislature nullified after only part of the votes had been tabulated, precipitating a political crisis on the islands. New elections in Zanzibar in 2016 were neither inclusive nor representative, particularly since the main opposition party opted not to participate; the incumbent (Ali Mohamed Shein) was declared the winner with 91 percent of the vote.

Under the union’s Ministry of Home Affairs, the Tanzanian Police Force (TPF) has primary responsibility for maintaining law and order in the country. The Field Force Unit, a special division of the TPF, has primary responsibility for controlling unlawful demonstrations and riots. The Tanzanian People’s Defense Forces includes the Army, Navy, Air Command, and National Service. They are responsible for external security but also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities maintained effective control over the security forces and directed their activities.

Significant human rights issues included: torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; the worst forms of restrictions on free expression, the press, and the internet; violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and site blocking; the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; refoulement of refugees to a country where they would face a threat to their life or freedom on account of their race, religion, nationality, membership in a particular social group, or political opinion, or other mistreatment of refugees that would constitute a human rights abuse; restrictions on political participation where the government is unelected or elections have not been found to be genuine, free, or fair; pervasive corruption; trafficking in persons; criminal violence against women and girls, in which the government took little action to prevent or prosecute; crimes involving violence or threats of violence targeting persons with disabilities, members of national/racial/ethnic minorities, or indigenous people; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; use of forced or compulsory child labor, as listed in the Department of Labor’s report on the Worst Forms of Child Labor.

In some cases the government took steps to investigate and prosecute officials who committed human rights abuses, but impunity in the police and other security forces and civilian branches of government was widespread.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. After taking office President Magufuli took several high-profile steps to signal a commitment to fighting corruption. These included surprise inspections of ministries, hospitals, and the port of Dar es Salaam, often followed by the immediate dismissal of officials. In implementing Phase III (2017-22) of the National Anticorruption Strategy and Action Plan, President Magufuli introduced a new High Court Division of Economic, Corruption, and Organized Crime in 2016. Critics and observers noted that President Magufuli has used the anticorruption platform to go after those who opposed him.

Corruption: While efforts were being made to reign in corruption, it remained pervasive; however, Transparency International’s Corruption Perception Index released in February shows improvement in the perception of corruption. The PCCB reported that most corruption investigations concerned government involvement in mining, land matters, energy, and investments.

Afrobarometer findings published in July indicated citizens perceive an overall drop in corruption, with only 10 percent of citizens reporting that corruption has increased in the past year, and 71 percent of citizens feeling the government is doing a good job combatting corruption. Government entities were still considered the most corrupt entities, led by police, judges and magistrates, the Tanzania Revenue Authority, and local government. NGOs continued to report allegations of corruption involving the Tanzania Revenue Authority, local government officials, police, licensing authorities, hospital workers, and media.

Corruption featured in newspaper articles, civil complaints, and reports of police corruption from the PCCB and from the Ministry of Home Affairs.

The PCCB’s mandate excludes Zanzibar. In July the Zanzibar Anti-Corruption and Economic Crime Authority reported it had been able to reduce corruption, citing one conviction and a pending investigation into corruption cases in the Ministry of Finance.

Financial Disclosure: Government ministers and MPs, as well as certain other public servants, are required to disclose their assets upon assuming office, annually at year’s end, and upon leaving office. The Ethics Secretariat distributes forms each October for collection in December. As of 2017, 98 percent of government leaders had submitted their forms to the secretariat (16,064 out of 16,339). When Tundu Lissu, former CHADEMA MP, was removed from his seat in June, one of the reasons cited was that he did not file financial disclosure forms. The president submitted his forms and urged other leaders to do the same. Although penalties exist for noncompliance, there was no enforcement mechanism or sufficient means to determine the accuracy of such disclosures. Information on compliance was considered sensitive and available only on request to the commissioner of the secretariat. Secretariat officials previously stated the individuals who failed to meet the deadline were asked to show cause for the delay. Any declaration forms submitted or filed after the deadline must explain the failure to observe the law. Asset disclosures are not public.

Tunisia

Executive Summary

Tunisia is a constitutional republic with a multiparty, unicameral parliamentary system and a president with powers specified in the constitution. During the year the country held parliamentary and presidential elections in the first transition of power since its first democratic elections in 2014. On October 6, the country held open and competitive parliamentary elections that resulted in the Nahda Party winning a plurality of the votes, granting the party the opportunity to form a new government. President Kais Saied, an independent candidate without a political party, came to office on October 23 after winning the country’s second democratic presidential elections. On July 25, President Caid Essebsi died of natural causes and power transferred to Speaker of Parliament Mohamed Ennaceur as acting president for the three months prior to the election of President Saied on October 13.

The Ministry of Interior holds legal authority and responsibility for law enforcement. The ministry oversees the National Police, which has primary responsibility for law enforcement in the major cities, and the National Guard (gendarmerie), which oversees border security and patrols smaller towns and rural areas. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included reports of unlawful or arbitrary killings, primarily by terrorist groups; allegations of torture by government agents, which reportedly decreased during the year; arbitrary arrests and detentions of suspects under antiterrorism or emergency laws; undue restrictions on freedom of expression and the press, including criminalization of libel; corruption, although the government took steps to combat it; societal violence and threats of violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and criminalization of consensual same-sex sexual conduct that resulted in arrests and abuse by security forces.

The government took steps to investigate officials who allegedly committed abuses, but investigations into police, security force, and detention center abuses lacked transparency and frequently encountered long delays and procedural obstacles.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took some preliminary steps to implement these laws.

Corruption: The National Authority for the Combat Against Corruption (INLUCC), an independent body charged with investigating and preventing corruption and drafting policies to combat corruption, continued to process corruption cases. During a March 16 press conference, INLUCC President Chawki Tabib said 205 cases had been referred to the judiciary. Tabib added that it takes seven to 10 years on average for the corruption cases to be processed in the judicial system and that this long processing time gives the impression to the public that it is “useless” to attempt to hold corrupt persons accountable.

In the summer INLUCC opened renovated regional offices in Gabbes, Gafsa, Jendouba, Medenine, and Tozeur to assist citizens outside of Tunis in reporting corruption to the body.

In 2018 the Tunisian Financial Analysis Committee, which operates under the auspices of the Central Bank as a financial intelligence unit, announced that it froze approximately 200 million dinars ($70 million) linked to suspected money-laundering transactions. The committee received approximately 600 reports of suspicious transactions related to corruption and illicit financial flows during the year.

On October 1, the Public Prosecutor’s Office at the Judicial Counterterrorism Division announced its decision to close the case against businessman Chafik Jarraya for “plotting against national security.” In 2017 the government arrested Jarraya and seven other prominent businessmen, including two former customs officials, on allegations of smuggling, embezzlement, conspiracy against the safety of the state, and complicity with a foreign government. With the October ruling, Jarraya and the other defendants were acquitted of national security charges but must remain in detention pending the conclusion of the investigation into the smuggling and embezzlement allegations.

Financial Disclosure: The constitution requires those holding high government offices to declare assets “as provided by law.” In 2018 parliament adopted the Assets Declaration Law, identifying 35 categories of public officials required to declare their assets upon being elected or appointed and upon leaving office. By law INLUCC is then responsible for publishing the lists of assets of these individuals on its website. In addition the law requires other individuals in specified professions that have a public role to declare their assets to INLUCC, although this information would not be made public. This provision applies to journalists, media figures, civil society leaders, political party leaders, and union officials. The law also enumerates a “gift” policy, defines measures to avoid conflicts of interest, and stipulates the sanctions that apply in cases of illicit enrichment.

On August 23, INLUCC reported that only 1,877 associations out of a total of 17,772 and only 34 of 219 political parties registered in 2018 declared their assets as required by this new law. It reported that 22,884 individuals representing civil society organizations and 538 individuals representing political parties declared their assets. INLUCC reported that all but three of the 217 Members of Parliament declared their assets. INLUCC did not report the number of other government officials who declared their assets according to the law.

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The Lessons of 1989: Freedom and Our Future