Women

Rape and Domestic Violence: The law prohibits rape, but enforcement was weak due to police ineffectiveness, official corruption, and victims’ unwillingness to report cases due to fear of social stigma and retaliation. Prison sentences for rape convictions range from one to five years. The law explicitly prohibits spousal rape and provides the maximum penalty for conviction of raping a domestic partner. Because of the lack of police training in collecting evidence associated with sexual assaults, ignorance of the law, and inherent difficulties victims faced in preserving and presenting evidence in court, judges reduced most sexual offense charges to misdemeanors.

Penalties for conviction of domestic violence range from six to 36 months’ imprisonment. Domestic violence against women was common, however. Women remained reluctant to report cases, and judges and police were reluctant to intervene in domestic disputes.

Government officials and judges acknowledged that the number of rape cases increased during the year throughout the country. On March 29, Prosecutor General of the Cotonou Court of Appeals Emmanuel Opita stated that rape of minors was on the rise and noted that 13 cases of rape of a minor were referred to the court during the first criminal session of the year.

On April 10, the Criminal Court of Cotonou sentenced military member Martin Nouhoumon to 10 years of hard labor for the 2015 rape of a five-year-old girl at a school located near a military barracks in Cotonou.

The Ministry of Social Affairs and Microcredit organized public outreach campaigns to raise public awareness of violence against girls and women.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and provides penalties for conviction of performing the procedure, including prison sentences of up to 10 years and fines of up to six million CFA francs ($10,830). Nevertheless, FGM/C occurred, and enforcement was rare due to the code of silence associated with this crime. The practice was largely limited to remote rural areas in the north. According to UNICEF, 7 percent of girls and women ages 15 to 49 underwent FGM/C.

The government, in conjunction with NGOs and international partners, made progress in raising public awareness of the dangers of the practice. For additional information, see Appendix C.

Sexual Harassment: The law prohibits sexual harassment and offers protection for victims, but sexual harassment was common, especially of female students by their male teachers. Persons convicted of sexual harassment face sentences of one to two years in prison and fines ranging from 100,000 to one million CFA francs ($180 to $1,805). The law also provides for penalties applicable to persons who are aware of sexual harassment but do not report it. Victims seldom reported harassment due to fear of social stigma and retaliation, however, and prosecutors and police lacked the legal knowledge and skills to pursue such cases. Although laws prohibiting sexual harassment were not widely enforced, judges used other provisions in the penal code to deal with sexual abuses involving minors. There were reports of increasing rates of schoolgirl pregnancies. In many reported cases, male teachers were responsible for these pregnancies. On June 7, Minister of Secondary Education, Technical and Vocational Training Mahougnon Kakpo warned male teachers against sexual harassment of girls at an event to launch a sexual health education program in Cotonou.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Although the constitution provides for equality for women in political, economic, and social spheres, women experienced extensive discrimination in obtaining employment, credit, equal pay, and in owning or managing businesses.

The law on persons and the family bans all discrimination against women in marriage and provides for the right to equal inheritance. The government and NGOs educated the public on women’s inheritance and property rights and their increased rights in marriage, including prohibitions on forced marriage, child marriage, and polygyny. The government did not enforce the law effectively, however.

Children

Birth Registration: Citizenship is derived by birth within the country to a citizen father. By law the child of a Beninese father is automatically considered a citizen, but the child of a Beninese woman is considered Beninese only if the child’s father is unknown, has no known nationality, or is also Beninese. Particularly in rural areas, parents often did not declare the birth of their children, either from lack of understanding of the procedures involved or because they could not afford the fees for birth certificates. This could result in denial of public services such as education and health care.

On June 11, the National Assembly passed a bill authorizing vital records offices to issue provisional birth certificates on an exceptional basis to persons lacking one who were enrolled in the Administrative Census for the Identification of the Population program (see section 2, Stateless Persons).

Education: Primary education was compulsory for all children between ages six and 11. Public school education was tuition-free for primary school students and for female students through grade nine in secondary schools. Girls did not have the same educational opportunities as boys and the literacy rate for women was approximately 18 percent, compared with 50 percent for men. In some parts of the country, girls received no formal education.

Child Abuse: Children suffered multiple forms of abuse, including rape, sexual harassment, and abduction. The Child Code bans a wide range of harmful practices. The law provides for heavy fines and penalties with up to life imprisonment for convicted violators. Police of the Central Office for the Protection of Minors arrested suspects, referred them to judicial authorities, and provided temporary shelter to victims of abuse.

Early and Forced Marriage: The law prohibits marriage under age 18 but grants exemptions for children ages 14 to 17 with parental consent and authorization of a judge. Early and forced marriage included barter marriage and marriage by abduction, in which the groom traditionally abducts and rapes his prospective child bride. The practice was widespread in rural areas, despite government and NGO efforts to end it through information sessions on the rights of women and children. Local NGOs reported some communities concealed the practice.

In June 2017 the government, in partnership with UNICEF, launched a nationwide “Zero Tolerance for Child Marriage” campaign to change social norms and create a protective environment for children and their communities. For additional information, see Appendix C.

Sexual Exploitation of Children: The penal code provides penalties for conviction of rape, sexual exploitation, and corruption of minors, including procuring and facilitating prostitution; it increases penalties for cases involving children under age 15. The child trafficking law provides penalties for conviction of all forms of child trafficking, including child commercial sexual exploitation, prescribing penalties if convicted of 10 to 20 years’ imprisonment. Individuals convicted of involvement in child commercial sexual exploitation, including those who facilitate and solicit it, face imprisonment of two to five years and fines of one million to 10 million CFA francs ($1,805 to $18,050). The Child Code prohibits child pornography. Persons convicted of child pornography face sentences of two to five years’ imprisonment and fines ranging from two to five million CFA francs ($3,610 to $9,025).

Violence against children was common. According to the Center for Social Promotion of Aplahoue, from January to October there were 38 reported cases of rape, abduction, forced marriage, and trafficking of girls in the Southwestern region of the country alone. Courts meted out stiff sentences to persons convicted of crimes against children, but many such cases never reached the courts due to lack of awareness of the law and children’s rights, lack of access to courts, or fear of police involvement.

Infanticide or Infanticide of Children with Disabilities: Although concealed from authorities, traditional practices of killing breech babies, babies whose mothers died in childbirth, babies considered deformed, and one newborn from each set of twins (because they were considered sorcerers) occurred. A survey conducted by the NGO Franciscans-Benin reported the practice continued in 11 communes in the north of the country during the year.

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

On April 13, the National Assembly approved the Promotion and Protection of the Rights of Persons with Disabilities Act. The act provides for the protection of the rights of persons with disabilities, including physical, sensory, intellectual, psychological, mental, and communication disabilities, against all forms of exploitation and violence. It offers a wide range of social benefits to persons with disabilities, including improved access to health care, education, vocational training, transportation, and sports and leisure activities. It includes provisions regarding the construction or alteration of buildings to permit access for persons with disabilities. It requires schools to enroll children with disabilities. On August 7, the government, with the assistance of the United Nations Development Program, held a workshop in Cotonou to examine draft enforcement decrees. There were no reports of violence and abuses against persons with disabilities.

The Federation of Associations of Persons with Disabilities of Benin reported that persons with disabilities faced discrimination in employment, health care, access to education, and access to justice.

The government operated few institutions to assist persons with disabilities. The Ministry of Social Affairs and Microcredit coordinated assistance to persons with disabilities through the Support Fund for National Solidarity.

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

The law does not criminalize consensual same-sex sexual conduct between adults. A provision related to public indecency in the penal code, however, may be applied to prosecute same-sex sexual conduct by charging individuals with public indecency or acts against nature. The law prohibits all forms of discrimination without specific reference to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

There were no reports of criminal or civil cases involving consensual same-sex sexual conduct. Members of the LGBTI community reported instances of discrimination and social stigma based on sexual orientation.

Other Societal Violence or Discrimination

Police generally ignored vigilante attacks, and incidents of mob violence occurred, in part due to the perceived failure of local courts to punish criminals adequately. Such cases generally involved mobs killing or severely injuring suspected criminals, particularly thieves caught stealing. Unlike in prior years, the press reported only one case of mob justice during the year. On August 21, residents of the neighborhood of Sekandji Gbago in the Seme Kpodji Commune burned to death a man accused of stealing a motorcycle. No one was arrested by year’s end.

Women

Rape and Domestic Violence: The law prohibits rape and provides for prison terms of five to 20 years for perpetrators. The law does not specifically penalize spousal rape. A life sentence can be imposed in cases of gang rape if the rapists are related to or hold positions of authority over the victim, or if the victim is younger than age 15. Most rape cases were tried on the lesser charge of “indecent assault,” which carries a prison term of six months to five years.

The government made some efforts to enforce the law, but local and international human rights groups reported rape remained widespread. There were reports of widespread rape and sexual abuse targeting girls and young women. In one such report, 11 young women came forward with allegations of rape in the western part of the country. In one egregious case, a young girl died following an alleged rape.

Relatives, police, and traditional leaders often discouraged female survivors from pursuing a criminal case, with their families, often the survivor’s husband, accepting payment for compensation. Rape victims were no longer required to obtain a medical certificate, which could cost up to 50,000 CFA francs ($90), to move a legal complaint forward. As a practical matter, however, cases rarely proceeded without one since it often served as the primary form of evidence.

The law does not specifically outlaw domestic violence, which was a serious and widespread problem. According to the Ministry of Women, Child Protection, and Social Affairs, more than 36 percent of women reported being victims of physical or psychological abuse at some time. Victims seldom reported domestic violence due to cultural barriers and because police often ignored women who reported rape or domestic violence. Survivors stressed that although sexual and gender-based violence was an “everyday reality,” deeply ingrained taboos discouraged them from speaking out. Survivors were ostracized and advocates for survivors reported being threatened. Fear of challenging male authority figures silenced most victims. In September the first lady offered to pay the medical expense of an eight-year-old girl who had been raped.

The Ministry of Women, Child Protection, and Social Affairs assisted victims of domestic violence and rape, including counseling at government-operated centers.

Female Genital Mutilation/Cutting (FGM/C): The law specifically forbids FGM/C and provides penalties for practitioners of up to five years’ imprisonment and fines of 360,000 to two million CFA francs ($650 to $3,610). Double penalties apply to medical practitioners. In August authorities made several arrests after discovering that a group of girls had been subjected to the procedure. The government successfully prosecuted some FGM/C cases during the year. Nevertheless, FGM/C remained a serious problem.

For more information, see Appendix C.

Other Harmful Traditional Practices: Societal violence against women included traditional practices, such as dowry deaths (the killing of brides over dowry disputes), levirate (forcing a widow to marry her dead husband’s brother), and sororate (forcing a woman to marry her dead sister’s husband).

Sexual Harassment: The law prohibits sexual harassment and prescribes penalties of between one and three years’ imprisonment and fines of 360,000 to one million CFA francs ($650 to $1,800). Nevertheless, the government rarely, if ever, enforced the law, and harassment was widespread and routinely tolerated.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for the same legal status and rights for women as for men in labor law but not under religious, personal status, property, nationality, and inheritance laws. Women experienced discrimination in marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process, and housing. In 2012 parliament passed a series of laws to reduce gender inequality in marriage, including laws to allow married women to benefit from an income tax deduction and to be involved in family decisions. Many religious and traditional authorities rejected these laws, however, and there was no evidence the government enforced them.

Children

Birth Registration: Citizenship is derived from one’s parents. At least one parent must be a citizen for a child to acquire citizenship at birth. The law provides parents a three-month period to register their child’s birth free, except the cost of the stamp. In some parts of the country, the three-month window conflicts with important cultural practices around the naming of children, making birth registration difficult for many families. For births registered after the first three months, families pay 5,000 CFA francs ($9.00) or more. For older children authorities may require a doctor’s age assessment and other documents. To continue to secondary school, children must pass an exam for which identity documents are required. As a result, children without documents could not continue their studies after primary school. The government, with UNICEF and the World Bank, launched a special operation to ensure the civil registration of 1.2 million school-going children in 2017, but due to numerous technical obstacles, many children did not benefit from this program.

For additional information, see Appendix C.

Education: Under a law passed in 2015, primary schooling is obligatory, free, and open to all. Education was thus ostensibly free and compulsory for children ages six to 16, but families generally reported being asked to pay school fees, either to receive their children’s records or pay for school supplies. Parents of children not in compliance with the law were reportedly subject to fines up to 500,000 CFA francs ($900) or jail time of two to six months, but this was seldom, if ever, enforced, and many children did not attend or have access to school. In principle students do not have to pay for books, uniforms, or fees, but families usually paid because the government did not often cover these expenses. Schools expected parents to contribute to the teachers’ salaries and living stipends, particularly in rural areas.

Educational participation of girls was lower than that of boys, particularly in rural areas. Although girls enrolled at a higher rate, participation rates for them dropped below that of boys because of the tendency to keep girls at home to do domestic work or care for younger siblings.

Child Abuse: The penalty for statutory rape or attempted rape of a child younger than age 16 is a prison sentence of one to three years and a fine of 360,000 to one million CFA francs ($650 to $1,800). Nevertheless, children were victims of physical and sexual violence and abuse. Authorities reported rapes of girls as young as age three during the year. Authorities often reclassified claims of child rape as indecent assault, which ensured a timely trial and conviction, although penalties were less severe. Judges exercised discretion in deciding whether to reclassify a claim from child rape to indecent assault, and they may only do so when there is no clear medical proof or testimony to support rape charges. There were some prosecutions and convictions during the year. To assist child victims of violence and abuse, the government cooperated with UNICEF to strengthen the child protection network.

Before April, three children were killed as sacrifices, one in Abidjan, including a four-year-old killed after a traditional witch doctor promised that a child sacrifice would make the killer wealthy. Following the alleged rape and ritual murder of a 14-year-old student, 11 persons were injured in March when students ransacking and torching the gendarmerie barracks clashed with gendarmes.

Although the Ministry of Employment, Social Affairs, and Professional Training; Ministry of Justice and Human Rights; Ministry of Women, Child Protection, and Social Affairs; and Ministry of Education were responsible for combating child abuse, they were ineffective due to lack of coordination between the ministries and inadequate resources.

Early and Forced Marriage: The law prohibits the marriage of men younger than age 20 and women younger than age 18 without parental consent. The law specifically penalizes anyone who forces a minor younger than age 18 to enter a religious or customary matrimonial union. Nevertheless, traditional marriages were performed with girls as young as 14 years old.

For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age of consensual sex is 18. The law prohibits the use, recruitment, or offering of children for commercial sex or pornographic films, pictures, or events. Violators can receive prison sentences ranging from five to 20 years and fines of five million to 50 million CFA francs ($9,000 to $90,000). Statutory rape of a minor carries a punishment of one to three years in prison and a fine of 360,000 to one million CFA francs ($650 to $1,800).

In November armed gendarmes abducted a 14-year-old girl from an NGO in Abidjan that shelters trafficked and abandoned children. Security forces had initially demanded that the NGO give up the girl, and when they refused, gendarmes with brandished weapons arrived and forced the girl to get in their vehicle. Reportedly, relatives brought the girl to Abidjan after her father raped her, but she may have been forced to work in the household of the security force officer from which she escaped to the NGO. An investigation by a military tribunal continued at year’s end.

The country is a source, transit, and destination country for children subjected to trafficking in persons, including sex trafficking. During the year the antitrafficking unit of the national police investigated several cases of suspected child sex trafficking.

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

Displaced Children: Local NGOs reported thousands of children countrywide living on the streets. The government implemented a program with a multifaceted approach to addressing the problem of hundreds of children, including many teenagers, who composed a large percentage of youth offenders and lived on the streets of Abidjan and other cities. Police often stopped to question and sometimes arrest these minors in security operations in Abidjan and other cities. Officials in the Ministry of Youth opened several centers in a few cities where at-risk youth could live and receive training, and the government announced a pilot resocialization program to offer civic education to 160 youth as part of efforts to address juvenile delinquency.

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.html.

Anti-Semitism

The country’s Jewish community numbered fewer than 100 persons, both expatriates and Ivoirians who converted. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law requires the government to educate and train persons with physical, mental, visual, auditory, and cerebral motor disabilities; hire them or help them find jobs; design houses and public facilities for wheelchair access; and adapt machines, tools, and work spaces for access and use by persons with disabilities as well as to provide them access to the judicial system. The law prohibits acts of violence against persons with disabilities and the abandonment of such persons, but there were no reports the government enforced these laws. The 2016 constitution contains provisions in favor of persons with disabilities, but these laws were not effectively enforced. Vision- and hearing-impaired persons were also discriminated against in civic participation, since political campaigns did not include materials for them, either in braille or sign language. An NGO reported bringing this to the attention of the CEI, but to no avail.

Persons with disabilities reportedly encountered serious discrimination in employment and education. While the government reserved 800 civil service jobs for persons with disabilities, government employers sometimes refused to employ such persons. Prisons and detention centers provided no accommodations for persons with disabilities.

The government financially supported separate schools, training programs, associations, and artisans’ cooperatives for persons with disabilities, but many persons with disabilities begged on urban streets and in commercial zones for lack of other economic opportunities. Because most of these schools were located in Abidjan, vision- and hearing-impaired students in other areas of the country did not have the opportunity to attend them. NGOs reported that these schools functioned more as literacy centers that did not offer the same educational materials and programs as other schools. It was difficult for children with disabilities to obtain an adequate education if their families did not have sufficient resources. Although public schools did not bar persons with disabilities from attending, such schools lacked the resources to accommodate students with disabilities. Persons with mental disabilities often lived on the street.

National/Racial/Ethnic Minorities

The country has more than 60 ethnic groups, and ethnic discrimination was a problem. Authorities considered approximately 25 percent of the population foreign, although many within this category were second- or third-generation residents. Despite a 2013 procedural update that allows putative owners of land an additional 10 years to establish title, land ownership laws remained unclear and unimplemented, resulting in conflicts between native populations and other groups.

The law prohibits xenophobia, racism, and tribalism and makes these forms of intolerance punishable by five to 10 years’ imprisonment. There were instances in which police abused and harassed non-Ivoirian Africans residing in the country. Harassment by officials reflected the common belief that foreigners were responsible for high crime rates and identity card fraud.

In July residents from the Guere ethnic group clashed with Burkina Faso nationals over an alleged murder in western part of the country.

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

The law’s only mention of same-sex sexual activity is as a form of public indecency that carries a penalty of up to two years’ imprisonment, the same prescribed for heterosexual acts performed in public. Antidiscrimination laws do not address discrimination based on sexual orientation or gender identity.

Law enforcement authorities were at times slow and ineffective in their response to societal violence targeting the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Two members of the transgender community were killed in Abidjan, one in February and the other in May; in one case a person was arrested, then released, and for the other, no one had been arrested by year’s end. Members of the LGBTI community reported that police rarely investigated violence against LGBTI persons. Human rights organizations reported that LGBTI persons who were attacked seldom reported the crime to police, due to fear of revenge and further abuse, as well as discrimination upon revealing their sexual orientation. Paying the authorities was often required for them to conduct investigations.

Societal discrimination and violence against the LGBTI community were problems. Human rights groups continued to report that LGBTI community members were evicted from their homes by landlords or their families. They reported several instances of LGBTI persons being beaten or blackmailed by neighborhood thugs. Security forces sometimes tried to humiliate members of the transgender community by forcing them to undress in public.

Members of the LGBTI community reported discrimination in access to health care, citing instances where doctors refused treatment and pharmacists told them to follow religion and learn to change.

The few LGBTI organizations in the country operated freely but with caution to avoid attracting the attention of persons who might attack or otherwise abuse its members. New NGOs promoting human rights for members of the LGBTI community were founded, including two new transgender groups based in Abidjan and a group in northern part of the country. These groups advocated on behalf of victims and collaborated with local human rights group to prod the police to investigate cases of violence against members of the LGBTI community. They also organized discussions with community and religious leaders to explain how rejecting LGBTI family members could do great harm.

HIV and AIDS Social Stigma

There was no official discrimination based on HIV/AIDS status. A 2014 law expressly condemns all forms of discrimination against persons with HIV and provides for their access to care and treatment. The law also prescribes fines for refusal of care or discrimination based on HIV/AIDS status.

The Ministry of Health and Public Hygiene managed a program to assist vulnerable populations at high risk of acquiring HIV/AIDS (including but not limited to men who have sex with men, sex workers, persons who inject drugs, prisoners, and migrants). The Ministry of Women, Child Protection, and Social Affairs oversaw a program that directed educational, psychosocial, nutritional, and economic support to orphans and vulnerable children, including those infected and affected by HIV.

Women

Rape and Domestic Violence: The law criminalizes rape of women but not spousal rape. Sexual assault on a male can be charged as indecent assault. Prison sentences for those convicted of rape range from five to 25 years, while indecent assault is a misdemeanor subject to a minimum term of imprisonment of six months.

Rape and domestic violence remained serious problems. Survey data released in 2016 suggested 28 percent of women and 20 percent of men had experienced at least one type of domestic violence in the 12 months prior to the study.

The Domestic Violence and Victim Support Unit (DOVVSU) of the Police Service worked closely with the Department of Social Welfare, the Domestic Violence Secretariat, the CHRAJ, the Legal Aid Board, the Ark Foundation, UNICEF, the UN Population Fund (UNFPA), the national chapter of the International Federation of Women Lawyers, and several other human rights NGOs to address rape and domestic violence. Inadequate resources and logistical capacity in the DOVVSU and other agencies, however, hindered the full application of the Domestic Violence Act. Pervasive cultural beliefs in women’s roles, as well as sociocultural norms and stereotypes, posed additional challenges to combatting domestic violence. According to a 2014 study, almost one-third of girls and women ages 15-24 believed wife beating could be justified. The Domestic Violence Secretariat’s management board was not established by the new administration until March.

Unless specifically called upon by the DOVVSU, police seldom intervened in cases of domestic violence, in part due to a lack of counseling skills, shelter facilities, and other resources to assist victims. Few of the cases wherein police identified and arrested suspects for rape or domestic abuse reached court or resulted in conviction due to witness unavailability, inadequate resources and training on investigatory techniques, police prosecutor case mismanagement, and, according to the DOVVSU, lack of resources on the part of victims and their families to pursue cases. There was also no shelter to which police could refer victims. In cases deemed less severe, victims were returned to their homes. Otherwise, the DOVVSU contacted NGOs to identify temporary shelters. Authorities reported officers occasionally had no alternative but to shelter victims in their own residences until other arrangements could be made.

The DOVVSU continued to teach a course on domestic violence case management for police officers assigned to the unit. There was also an SGBV workshop provided for police in January.

Due to limited resources, a hotline for victims of domestic violence was suspended, although the DOVVSU tried to reach the public through various social media accounts. The DOVVSU also addressed rape through public education efforts on radio and in communities, participation in efforts to prevent child marriage and SGBV, expansion of its online data management system to select police divisional headquarters, and data management training.

Female Genital Mutilation/Cutting (FGM/C): Several laws include provisions prohibiting FGM/C. Although rarely performed on adult women, the practice remained a serious problem for girls younger than 18 years. Intervention programs were partially successful in reducing the prevalence of FGM/C, particularly in the northern regions. According to the Ministry of Gender, Children, and Social Protection, FGM/C was significantly higher in the Upper East Region with a prevalence rate of 27.8 percent, compared with the national rate of 3.8 percent.

For more information, see Appendix C.

Other Harmful Traditional Practices: The constitution prohibits practices that dehumanize or are injurious to the physical and mental well-being of a person. Media reported several killings and attempted killings for ritual purposes. A man was arrested in December 2017 and confessed to killing an elderly woman to use her body parts to perform a ritual. In the Northern, Upper East, and Upper West Regions, rural women and men suspected of “witchcraft” were banished by their families or traditional village authorities to “witch camps.” Such camps were distinct from “prayer camps,” to which persons with mental illness were sometimes sent by their families to seek spiritual healing. Some persons suspected of witchcraft were also killed. According to an antiwitchcraft accusation coalition, there were six witch camps throughout the country, holding approximately 2,000-2,500 adult women and 1,000-1,200 children. One camp had seen its numbers go down significantly due to education, support, and reintegration services provided by the Presbyterian Church. The Ministry of Gender, Children, and Social Protection has the mandate to monitor witch camps but did not have the resources to do so effectively.

The law criminalizes harmful mourning rites, but such rites continued, and authorities did not prosecute any perpetrators. In the north, especially in the Upper West and Upper East Regions, widows are required to undergo certain indigenous rites to mourn or show devotion for the deceased spouse. The most prevalent widowhood rites included a one-year period of mourning, tying ropes and padlocks around the widow’s waist or neck, forced sitting by the deceased spouse until burial, solitary confinement, forced starvation, shaving the widow’s head, and smearing clay on the widow’s body. In the Northern and Volta Regions along the border with Togo, wife inheritance, the practice of forcing a widow to marry a male relative of her deceased husband, continued.

In August, Second Lady Samira Bawumia launched the Coalition of People Against SGBV and Harmful Practices. UNFPA provided support. Its mission is to pursue high-level advocacy for resources to assist SGBV victims and increase prevention efforts in the country.

Sexual Harassment: No law specifically prohibits sexual harassment, although authorities prosecuted some sexual harassment cases under provisions of the criminal code.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution and law provide for the same legal status and rights for women as for men under family, labor, property, nationality, and inheritance laws. While the government generally made efforts to enforce the law, predominantly male tribal leaders and chiefs are empowered to regulate land access and usage within their tribal areas. Within these areas, women were less likely than men to receive access rights to large plots of fertile land. Widows often faced expulsion from their homes by their deceased husband’s relatives, and they often lacked the awareness or means to defend property rights in court.

Children

Birth Registration: Citizenship is derived by birth in the country or outside if either of the child’s parents or one grandparent is a citizen. Children unregistered at birth or without identification documents may be excluded from accessing education, health care, and social security. Although having a birth certificate is required to enroll in school, government contacts indicated that children would not be denied access to education on the basis of documentation. The country’s 2016 automated birth registration system aims at enhancing the ease and reliability of registration. The Ministry of Gender, Children, and Social Protection and the Ministry of Local Government and Rural Development were in talks about a proposal to issue birth certificates to children through the age of 15 as part of efforts to curb trafficking. There were no further specifics provided by the government, and it remained unclear how authorities would implement the policy.

For additional information, see Appendix C.

Education: The constitution provides for tuition-free, compulsory, and universal basic education for all children from kindergarten through junior high school. In September 2017 the government began phasing in a program to provide tuition-free enrollment in senior high school, beginning with first-year students. Girls in the northern regions and rural areas throughout the country were less likely to continue and complete their education due to the weak quality of educational services, inability to pay expenses related to schooling, prioritization of boys’ education over girls’, security problems related to distance between home and school, lack of dormitory facilities, and inadequate sanitation and hygiene facilities.

Child Abuse: The law prohibits sex with a child younger than 16 years with or without consent, incest, and sexual abuse of minors. There continued to be reports of male teachers sexually assaulting and harassing both female and male students. In July the Ghana Education Service fired four high school teachers in the Ashanti Region for sexually assaulting some students, although four other teachers in the same region were kept on the payroll but transferred to other schools. The DOVVSU’s Central Regional Office reported a 28 percent increase in cases of sexual abuse of girls younger than 16. According to the Ghana Police Service, reports of adults participating in sexual relations with minors rose by almost 26 percent in 2017, with the highest number of cases reported in Greater Accra and Ashanti Regions. Physical abuse and corporal punishment of children were concerns. Local social workers rarely had sufficient resources, such as transportation and equipment, to effectively respond to and monitor cases of child abuse and neglect.

Early and Forced Marriage: The minimum legal age for marriage for both sexes is 18 years. The law makes forcing a child to marry punishable by a fine, one year’s imprisonment, or both. Early and forced child marriage, while illegal, remained a problem, with 34 percent of girls living in the three northern regions of the country marrying before the age of 18. Through September the CHRAJ had received 18 cases of early or forced marriage.

The Child Marriage Unit of the Domestic Violence Secretariat of the Ministry of Gender, Children, and Social Protection continued to lead governmental efforts to combat child marriage. The ministry launched the first National Strategic Framework on Ending Child Marriage in Ghana (2017-26). The framework prioritizes interventions focused on strengthening government capacity to address issues of neglect and abuse of children, girls’ education, adolescent health, and girls’ empowerment through skills development. The National Advisory Committee to End Child Marriage and the National Stakeholders Forum, with participation from key government and civil society stakeholders, provided strategic guidance and supported information sharing and learning on child marriage among partners in the country. The Child Marriage Unit also created a manual with fact sheets and frequently asked questions, distributing 6,000 copies throughout the country, and created social media accounts to try to reach wider audiences. In November the country hosted a two-day summit on ending child marriage. First Lady Rebecca Akufo-Addo delivered opening remarks at the African Union-organized event, which convened gender ministers, civil society organizations, and technical advisors from across the continent.

For additional information, see Appendix C.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children. The minimum age for consensual sex is 16 years, and participating in sexual activities with anyone under this age is punishable by imprisonment for seven to 25 years. The law criminalizes the use of a computer to publish, produce, procure, or possess child pornography, punishable by imprisonment for up to 10 years, a fine of up to 5,000 penalty units (60,000 cedis or $13,300), or both.

Infanticide or Infanticide of Children with Disabilities: The law bans infanticide, but several NGOs reported that communities in the Upper East Region kill “spirit children” born with physical disabilities who are suspected of being possessed by evil spirits. Local and traditional government entities cooperated with NGOs to raise public awareness about causes and treatments for disabilities and to rescue children at risk of ritual killing.

Displaced Children: The migration of children to urban areas continued due to economic hardship in rural areas. Children were often forced to support themselves to survive, contributing to both child prostitution and the school dropout rate. Girls were among the most vulnerable to commercial sexual exploitation while living on the streets.

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 Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community has a few hundred members. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law explicitly prohibits discrimination against persons with disabilities, but the government did not effectively enforce the law. The law provides that persons with disabilities have access to public spaces with “appropriate facilities that make the place accessible to and available for use by a person with disability,” but inaccessibility to schools and public buildings continued to be problems. Some children with disabilities attended specialized schools that focused on their needs, in particular schools for the deaf. The government lifted a hiring freeze and hired 27 persons with disabilities who were trained teachers to work in the mainstream education sector. As of September there were 150 pending applications from persons with disabilities for a government internship program through the Nation Builders Corps, a government initiative to address graduate unemployment. Overall, however, few adults with disabilities had employment opportunities.

Persons with both mental and physical disabilities, including children, were frequently subjected to abuse and intolerance. Children with disabilities who lived at home were sometimes tied to trees or under market stalls and caned regularly; families reportedly killed some of them. The Ghana Education Service, through its Special Education Unit, supported education for children who are deaf or hard of hearing or have vision disabilities through 14 national schools for deaf and blind students, in addition to one private school for them.

Thousands of persons with mental disabilities, including children as young as seven, were sent to spiritual healing centers known as “prayer camps,” where mental disability was often considered a “demonic affliction.” Some residents were chained for weeks in these environments, denied food for seven consecutive days, and physically assaulted. In his statement about his 2018 visit to the country, UN Special Rapporteur Alston noted, “Persons with disabilities and families with a disabled child face a double burden of poverty.” Officials took few steps to implement a 2012 law that provides for monitoring of prayer camps and bars involuntary or forced treatment. International donor funding helped support office space and some operations of the Mental Health Authority. The Ministry of Health discontinued data collection on persons with disabilities in 2011. In July 2017 officials from the Mental Health Authority rescued 16 persons with mental disabilities whom they found chained at a prayer camp in Central Region; the individuals were later taken to the Ankaful psychiatric hospital for treatment. Despite these efforts, Human Rights Watch reported in October that it found more than 140 persons with real or perceived mental health conditions detained in unsanitary, congested conditions at a prayer camp. In December the Mental Health Authority released guidelines for traditional and faith-based healers as part of efforts to ensure that practitioners respect the rights of patients with mental illness.

There was public outcry when Second Deputy Speaker of Parliament Alban Bagbin remarked that the ministerial appointments of persons with disabilities had led to the National Democratic Congress party’s defeat. Bagbin tried to retract his remarks, but organizations such as the Ghana Blind Union expressed disappointment he did not apologize. Ivor Greenstreet, a person living with disabilities who ran in the 2016 presidential elections, called the remarks “unsavory and unacceptable” and “un-befitting …the high office of … Speaker.”

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

The law does not prohibit discrimination based on sexual orientation and gender identity. The law criminalizes the act of “unnatural carnal knowledge,” which is defined as “sexual intercourse with a person in an unnatural manner or with an animal.” The offense covers only persons engaged in same-sex male relationships and those in heterosexual relationships. There were no reports of adults prosecuted or convicted for consensual same-sex sexual conduct.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced widespread discrimination in education and employment. In June, following his visit to the country in April, UN Special Rapporteur Alston noted that stigma and discrimination against LGBTI persons made it difficult for them to find work and become productive members of the community. As of September the CHRAJ had received five reports of discrimination based on sexual orientation or gender identity. LGBTI persons also faced police harassment and extortion attempts. There were reports police were reluctant to investigate claims of assault or violence against LGBTI persons, although some activists said that police attitudes were slowly changing. Gay men in prison were vulnerable to sexual and other physical abuse.

While there were no reported cases of police or government violence against LGBTI persons during the year, stigma, intimidation, and the attitude of the police toward LGBTI persons were factors in preventing victims from reporting incidents of abuse.

Media reported in August that 400 members of the LGBTI community had registered with the National Coalition for Proper Human Sexual Rights and Family “to undergo voluntary counselling and reformation.” Amnesty International earlier in the year criticized authorities for conducting involuntary medical tests on two young men who were allegedly found having sex. According to one survey, approximately 60 percent of citizens “strongly disagree” or “disagree” that LGBTI persons deserve equal treatment with heterosexuals.

Activists working to promote LGBTI rights noted great difficulty in engaging officials on these issues because of their social and political sensitivity. Speaker of Parliament Mike Oquaye said in May he “would rather resign than subscribe to these delusions,” referring to gay rights legislation. He also said it was unacceptable that foreign governments or groups champion homosexuality and bestiality as human rights. Second Deputy Speaker of Parliament Bagbin said in a radio interview in April, “Homosexuality is worse than [an] atomic bomb” and “there is no way we will accept it in (this) country.” In November 2017 President Akufo-Addo made remarks in an interview interpreted by many citizens as supporting same-sex marriage. After much criticism the Office of the President issued a statement in April in which a bolded line read, “It will NOT be under his Presidency that same-sex marriage will be legalized in Ghana.” President Akufo-Addo later delivered remarks at an evangelical gathering where he assured the audience, “This government has no plans to change the law on same-sex marriage.” Media coverage regarding homosexuality and related topics was almost always negative.

HIV and AIDS Social Stigma

Discrimination against persons with HIV/AIDS remained a problem. Fear of stigma surrounding the disease, as well as a fear that men getting tested would immediately be labeled as gay, continued to discourage persons from getting tested for HIV infection, and those who tested positive from seeking timely care. HIV-positive persons faced discrimination in employment and often were forced to leave their jobs or houses. As of September the CHRAJ received nine cases of discrimination based on HIV status. The government and NGOs subsidized many centers that provided free HIV testing to citizens, although high patient volume and the physical layout of many clinics often made it difficult for the centers to respect confidentiality.

A 2016 law penalizes discrimination against a person infected with or affected by HIV or AIDS by a fine of 100 to 500 penalty units (1,200 cedi to 6,000 cedis, or $265-$1,330), imprisonment for 18 months to three years, or both. The law contains provisions that protect and promote the rights and freedoms of persons with HIV/AIDS and those suspected of having HIV/AIDS, including the right to health, education, insurance benefits, employment/work, privacy and confidentiality, nondisclosure of their HIV/AIDS status without consent, and the right to hold a public or political office.

As part of World AIDS Day, the Ghana AIDS Commission organized activities across three regions centered around the theme of antistigma and antidiscrimination. In the culminating event to mark World AIDS Day, the minister for sanitation and water resources read a statement on behalf of President Nana Akufo-Addo encouraging people to get tested.

Other Societal Violence or Discrimination

Chieftaincy disputes, which frequently resulted from lack of a clear chain of succession, competing claims over land and other natural resources, and internal rivalries and feuds, continued to result in deaths, injuries, and destruction of property. According to the West Africa Center for Counterextremism, chieftaincy disputes and ethnic violence were the largest source of insecurity and instability in the country. Throughout the year disputes continued between Fulani herdsmen and landowners that at times led to violence. In April, for example, one person died and several houses were burned down when clashes between a farmer and Fulani herdsmen escalated. Similar clashes led to the deaths of two persons who were shot by suspected herdsmen, according to January reports.

In May a long-standing land dispute between the communities of Nkonya and Alavanyo in Volta Region led to violence when an assailant shot and killed one woman and injured another. Citing 85 lives lost since 1983, the Volta Regional Peace Council called for an end to reprisal killings. Earlier in the year, a chieftaincy dispute resulted in five injuries and 10 arrests. Early in the year, the National Peace Council began peace-building training with two towns in the Northern Region.

There were frequent reports of killings of suspected criminals in mob violence. Such vigilantism was often seen as justified in light of the difficulties and constraints facing the police and judicial sectors.

Women

Rape and Domestic Violence: The law criminalizes rape and domestic violence, but both occurred frequently, and authorities rarely prosecuted perpetrators. The law does not address spousal rape. Rape is punishable by five to 20 years in prison. Victims reported less than 1 percent of these crimes to police due to custom, fear of stigmatization and reprisal, and lack of cooperation from investigating police or gendarmes. Studies indicated citizens also were reluctant to report crimes because they feared police would ask the victim to pay for the investigation.

Authorities may file charges under general assault, which carries sentences of two to five years in prison and fines of 50,000 to 300,000 Guinean francs (GNF) ($5.50 to $33). Violence against a woman that causes an injury is punishable by up to five years in prison and a fine of up to 30,000 GNF ($3.30). If the injury causes mutilation, amputation, or other loss of body parts, it is punishable by 20 years’ imprisonment; if the victim dies, the crime is punishable by life imprisonment. Assault constitutes grounds for divorce under civil law, but police rarely intervened in domestic disputes, and courts rarely punished perpetrators.

Female Genital Mutilation/Cutting (FGM/C): Although the law prohibits FGM/C, the country had an extremely high prevalence rate. During the year UNICEF reported 96 percent of women and girls ages 15 to 49 in the country had undergone the procedure, which was practiced throughout the country and among all religious and ethnic groups. UNICEF also reported the rate had reduced substantially to approximately 50 percent. The law provides for a penalty of up to life in prison or death if the victim dies within 40 days of the procedure. The child code provides for minimum imprisonment of three months to two years and fines from 300,000 to one million GNF ($33 to $110) for perpetrators who do not inflict severe injury or death. If the victim is severely injured or dies, the child code specifies imprisonment of five to 20 years and a fine of up to three million GNF ($330).

The government also cooperated with NGOs in their efforts to eradicate FGM/C and educate health workers, state employees, and citizens on the dangers of the practice. More than 60 health facilities had integrated FGM/C prevention into prenatal, neonatal, and immunization services. A trend for medically trained staff to perform FGM/C under conditions that were more hygienic continued. While the “medicalization” of the practice may have decreased some of the negative health consequences of the procedure, it did not eliminate all health risks; it also delayed the development of effective and long-term solutions for the abandonment of the practice.

Anti-FGM/C efforts reportedly prevented 39 cases of excision and led to the arrest of nine persons and conviction of five. Separately, according to UNICEF, 11,190 uncircumcised girls younger than 14 benefited from the protection NGOs. This happened in the form of entire communities deciding against continuing to circumcise girls and young women. UNICEF also implemented community dialogues on FGM/C in 40 communes to sensitize local populations to the issue.

Sexual Harassment: The 2014 labor code prohibits all forms of workplace harassment, including sexual harassment; the constitution prohibits harassment based on sex, race, ethnicity, political opinions, or other grounds. As of September the Ministry of Labor had not documented any case of sexual harassment, despite its frequency. The 2016 criminal code penalizes sexual harassment.

Coercion in Population Control: There were no reports of forced abortion or involuntary sterilization.

Discrimination: The law does not provide for the same legal status and rights for women as for men, including in inheritance, property, employment, credit, and divorce. The labor code prohibits gender discrimination in hiring. Traditional practices historically discriminate against women and sometimes took precedence over the law, particularly in rural areas.

Government officials acknowledged that polygyny was common. Divorce laws generally favor men in awarding custody and dividing communal assets. Legal testimony given by women carries less weight than testimony by men, in accordance with Islamic precepts and customary law.

Children

Birth Registration: Children derive citizenship by birth within the country, marriage, naturalization, or parental heritage. Authorities did not permit children without birth certificates to attend school or access health care.

Education: Government policy provides for tuition-free, compulsory primary education for all children up to 16 years of age. While girls and boys had equal access to all levels of primary and secondary education, approximately 56 percent of girls attended primary school, compared with 66 percent of boys. Government figures indicated 11 percent of girls obtained a secondary education, compared with 21 percent of boys.

Child Abuse: Child abuse was a problem, and law enforcement and NGOs continued to document cases. Child abuse occurred openly on the street, although families ignored most cases or addressed them at the community level.

Early and Forced Marriage: The legal age for marriage is 21 for men and 17 for girls, but tradition permits marriage at age 14. Early marriage was a problem. There were no reported prosecutions related to child marriage during the year.

The Ministry of Social Action and the Promotion of Women and Children prevented two cases of forced marriage in the prefecture of Dubreka, just outside of Conakry. The Young Girls Leaders Club of Guinea Against Early and Forced Marriages, a local NGO, successfully prevented the marriages of 11 girls.

Sexual Exploitation of Children: The law prescribes penalties of five to 10 years’ imprisonment for all forms of child trafficking, including the commercial sexual exploitation of children, but it was a problem. The minimum age of consensual sex is 15. Punishment of sex with a child younger than 15 is three to 10 years in prison and a fine of up to two million GNF ($220). The law also prohibits child pornography. These laws were not regularly enforced, and sexual assault of children, including rape, was a serious problem. Girls between ages 11 and 15 were most vulnerable and represented more than half of all rape victims.

Displaced Children: Although official statistics were unavailable, there was a large population of children living on the streets, particularly in urban areas. Children frequently begged in mosques, on the street, and in markets.

Institutionalized Children: The country had numerous registered and unregistered orphanages. According to the Ministry of Social Action and the Promotion of Women and Children, 49 registered orphanages cared for 4,822 children in 2017. While reports of abuse at orphanages sometimes appeared in the press, reliable statistics were not available. Authorities institutionalized some children after family members died from the Ebola virus.

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.html.

Anti-Semitism

The Jewish community was very small, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in education, air travel and other transportation, access to health care, or the provision of other state services. In 2015, however, the country adopted a new labor code that prohibits discrimination in employment against persons with disabilities. The law does not mandate accessibility for persons with disabilities, and buildings and transportation remained inaccessible. The Ministry of Social Action and the Promotion of Women and Children is responsible for protecting the rights of persons with disabilities, but it was ineffective. The government provided no support to place children with disabilities in regular schools.

National/Racial/Ethnic Minorities

The population was diverse, with three main linguistic groups and several smaller ones identifying with specific regions. While the law prohibits racial or ethnic discrimination, discrimination by members of all major ethnic groups occurred in private-sector hiring patterns, ethnic segregation of urban neighborhoods, and ethnically divisive rhetoric during political campaigns. Ethnically targeted violence occurred during the year.

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

The law criminalizes consensual same-sex sexual activity, which is punishable by three years in prison; however, there were no known prosecutions. In 2012 the government restructured the Office for the Protection of Women, Children, and Morals (OPROGEM) to include a unit for investigating morals violations, including same-sex sexual conduct. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals.

Deep religious and cultural taboos against consensual same-sex sexual conduct existed. There were no official or NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented victims from reporting abuse or harassment. There were no active LGBTI organizations.

HIV and AIDS Social Stigma

Laws to protect HIV-infected persons from stigmatization exist, but the government relied on donor efforts to combat discrimination against persons with HIV/AIDS. Government efforts were limited to paying salaries for health-service providers. Most victims of stigmatization were women whose families abandoned them after their husbands died of AIDS.

Other Societal Violence or Discrimination

Discrimination against persons with albinism occurred, particularly in the Forest Region. Speculation continued about their sacrifice. Albino rights NGOs continued to raise awareness of discrimination and violence against persons with albinism.

Mob violence remained an issue nationwide due to impunity and lack of civilian trust in the judicial system. In August authorities were unable to protect a prisoner as a crowd destroyed the main entrance of Boffa Prison and smashed cell doors, killing an imprisoned taxi driver accused of kidnapping another taxi driver.

Women

Rape and Domestic Violence: The Violence Against Persons Prohibition (VAPP) Act addresses sexual violence, physical violence, psychological violence, harmful traditional practices, and socioeconomic violence. The VAPP cites spousal battery, forceful ejection from the home, forced financial dependence or economic abuse, harmful widowhood practices, female genital mutilation/cutting (FGM/C), other harmful traditional practices, substance attacks (such as acid attacks), political violence, and violence by state actors (especially government security forces) as offenses. Victims and survivors of violence are entitled to comprehensive medical, psychological, social, and legal assistance by accredited service providers and government agencies, with their identities protected during court cases. As of March only Anambra, Ebonyi, and Oyo states, in addition to the FCT, had domesticated the VAPP.

The law criminalizes rape, but it remained widespread. In 2013 Positive Action for Treatment Access, an NGO focused on HIV treatment, released a countrywide survey of 1,000 preadolescents and adolescents (ages 10 to 19), which noted three in 10 girls reported their first sexual encounter was rape. For example, in October, 13-year-old Ochanya Ogbanje died from a traumatic fistula caused by multiple rapes allegedly committed over a period of years by her guardian, 51-year-old Andrew Ogbuja, and his son, Victor Ogbuja.

Sentences for persons convicted of rape and sexual assault were inconsistent and often minor. The VAPP provides penalties for conviction ranging from 12 years to life imprisonment for offenders older than 14 and a maximum of 14 years’ imprisonment for all others. It also provides for a public register of convicted sexual offenders and appointment of protection officers at the local government level to coordinate with courts and provide for victims to receive various forms of assistance (e.g., medical, psychosocial, legal, rehabilitative, and for reintegration) provided by the VAPP. The act also includes provisions to protect the identity of rape victims and a provision empowering courts to award appropriate compensation to victims of rape. Because the VAPP has only been domesticated in a handful of states, state criminal codes continued to govern most rape and sexual assault cases, and typically allowed for lesser sentences.

There is no comprehensive law for combatting violence against women that applies across the country. Victims and survivors had little or no recourse to justice. While some, mostly southern, states enacted laws prohibiting some forms of gender violence or sought to safeguard certain rights, a majority of states did not have such legislation.

The VAPP provides for up to three years’ imprisonment, a maximum fine of 200,000 naira ($635), or both for conviction of spousal battery. It also authorizes courts to issue protection orders upon application by a victim and directs the appointment of a coordinator for the prevention of domestic violence to submit an annual report to the federal government. Notwithstanding these federal provisions, only the states of Cross River, Ebonyi, Jigawa, and Lagos had enacted domestic violence laws.

Domestic violence remained widespread, and many considered it socially acceptable. The National Crime Victimization and Safety Survey for 2013 of the CLEEN Foundation–formerly known as Center for Law Enforcement Education–reported 30 percent of male and female respondents countrywide claimed to have been victims of domestic violence.

Police often refused to intervene in domestic disputes or blamed the victim for provoking the abuse. In rural areas, courts and police were reluctant to intervene to protect women who formally accused their husbands of abuse if the level of alleged abuse did not exceed local customary norms.

Female Genital Mutilation/Cutting (FGM/C): Federal law criminalizes female circumcision or genital mutilation, but the federal government took no legal action to curb the practice. While 12 states banned FGM/C, once a state legislature criminalizes FGM/C, NGOs found they had to convince local authorities that state laws apply in their districts.

The VAPP penalizes a person convicted of performing female circumcision or genital mutilation with a maximum of four years in prison, a fine of 200,000 naira ($635), or both. It punishes anyone convicted of aiding or abetting such a person with a maximum of two years’ imprisonment, a fine of 100,000 naira ($317), or both.

For more information, see Appendix C.

Other Harmful Traditional Practices: According to the VAPP, any person convicted of subjecting another person to harmful traditional practices may be punished with up to four years’ imprisonment, a fine not exceeding 500,000 naira ($1,590), or both. Anyone convicted of subjecting a widow to harmful traditional practices is subject to two years’ imprisonment, a fine not exceeding 500,000 naira ($1,590), or both. For purposes of the VAPP, a harmful traditional practice means all traditional behavior, attitudes, or practices that negatively affect the fundamental rights of women or girls, to include denial of inheritance or succession rights, FGM/C or circumcision, forced marriage, and forced isolation from family and friends.

Despite the federal law, purdah, the cultural practice of secluding women and pubescent girls from unrelated men, continued in parts of the North. “Confinement,” which occurred predominantly in the Northeast, remained the most common rite of deprivation for widows. Confined widows were subject to social restrictions for as long as one year and usually shaved their heads and dressed in black as part of a culturally mandated mourning period. In other areas communities viewed a widow as a part of her husband’s property to be “inherited” by his family. In some traditional southern communities, widows fell under suspicion when their husbands died. To prove their innocence, they were forced to drink the water used to clean their deceased husbands’ bodies.

Sexual Harassment: Sexual harassment remained a common problem. No statutes prohibit sexual harassment, but assault statutes provide for prosecution of violent harassment. The VAPP criminalizes stalking, but it does not explicitly criminalize sexual harassment. The act criminalizes emotional, verbal, and psychological abuse and acts of intimidation.

The practice of demanding sexual favors in exchange for employment or university grades remained common. For example, in June, Obafemi Awolowo University, in Osun State, fired management and accounting professor Richard Akindele after a student recorded him soliciting sex in return for a better grade. Women suffered harassment for social and religious reasons in some regions.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although the constitution provides the same legal status and rights for women as for men, women experienced considerable economic discrimination. The law does not mandate equal remuneration for work of equal value, nor does it mandate nondiscrimination based on gender in hiring.

Women generally remained marginalized. No laws prohibit women from owning land, but customary land tenure systems allowed only men to own land, with women gaining access to land only via marriage or family. Many customary practices also did not recognize a woman’s right to inherit her husband’s property, and many widows became destitute when their in-laws took virtually all the deceased husband’s property.

In the 12 northern states that adopted sharia law, sharia and social norms affected women to varying degrees. For example, in Zamfara State local governments enforced laws requiring the separation of Muslim men and women in transportation and health care. In 2013 the Kano State government issued a statement declaring men and women must remain separate while using public transportation.

The testimony of women carried less weight than that of men in many criminal courts. Women could arrange but not post bail at most police detention facilities.

Children

Birth Registration: Children derive their citizenship from their parents. The government does not require birth registration, and the majority of births were unregistered. The 2013 Nigeria Demographic and Health Survey, the most recent data available, found that only 30 percent of births of children younger than age five were registered. Lack of documents did not result in denial of education, health care, or other public services. For additional information, see Appendix C.

Education: The law requires provision of tuition-free, compulsory, and universal basic education for every child of primary and junior secondary school age. According to the constitution, women and girls are supposed to receive career and vocational guidance at all levels, as well as access to quality education, education advancement, and lifelong learning. Despite these provisions, extensive discrimination and impediments to female participation in education persisted, particularly in the North.

Public schools remained substandard, and limited facilities precluded access to education for many children.

Most educational funding comes from the federal government, with state governments required to pay a share. Public investment was insufficient to achieve universal basic education. Actual budget execution was consistently much lower than approved funding levels. Increased enrollment rates created challenges in ensuring quality education. According to UNICEF in some instances there were 100 pupils for one teacher.

Of the approximately 30 million primary school-age children, an estimated 10.5 million were not enrolled in formally recognized schools. The lowest attendance rates were in the North, where rates for boys and girls were approximately 45 percent and 35 percent, respectively. According to UNICEF, in the North, for every 10 girls in school, more than 22 boys attended. Approximately 25 percent of young persons between ages 17 and 25 had fewer than two years of education.

In many regions social and economic factors resulted in discrimination against girls in access to education. In the face of economic hardship, many families favored boys in deciding which children to enroll in elementary and secondary schools. According to the 2015 Nigeria Education Data Survey, attendance rates in primary schools increased to 68 percent nationwide, with school-age boys continuing to be somewhat more likely than girls to attend primary school. According to the survey, primary enrollment was 91 percent for boys and 78 percent for girls; secondary enrollment was 88 percent for boys and 77 percent for girls. Several states in the North, including Niger and Bauchi, had enacted laws prohibiting the withdrawal of girls from school for marriage, but these laws were generally not enforced.

The Northeast had the lowest primary school attendance rate. The most pronounced reason was the Boko Haram and ISIS-WA insurgencies, which prevented thousands of children from continuing their education in the states of Borno and Yobe (due to destruction of schools, community displacement, and mass movement of families from those crisis states to safer areas). According to HRW, between 2009 and 2015, attacks in the Northeast destroyed more than 910 schools and forced at least 1,500 others to close.

Child Abuse: Child abuse remained common throughout the country, but the government took no significant measures to combat it. Findings from the Nigeria Violence Against Children Survey released in 2015 revealed approximately six of every 10 children younger than age 18 experienced some form of physical, emotional, or sexual violence during childhood. One in two children experienced physical violence, one in four girls and one in 10 boys experienced sexual violence, and one in six girls and one in five boys experienced emotional violence.

In 2010 the Ministerial Committee on Madrasah Education reported 9.5 million children worked as “almajiri,” poor children from rural homes sent to urban areas by their parents ostensibly to study and live with Islamic teachers. Instead of receiving an education, many “almajiri” were forced to work manual jobs or beg for alms that were given to their teacher. The religious leaders often did not provide these children with sufficient shelter or food, and many of the children effectively became homeless.

In some states children accused of witchcraft were killed or suffered abuse, such as kidnapping and torture.

So-called baby factories operated, often disguised as orphanages, religious or rehabilitation centers, hospitals, or maternity homes. They offered for sale the newborns of pregnant women–mostly unmarried girls–often held against their will and raped. The persons running the factories sold the children for various purposes, including adoption, child labor, child trafficking, or sacrificial rituals, with the boys’ fetching higher prices. In April 162 children were rescued after police carried out a raid on a baby factory in Lagos.

Early and Forced Marriage: The law sets a minimum age of 18 for marriage for both boys and girls. The prevalence of child marriage varied widely among regions, with figures ranging from 76 percent in the Northwest to 10 percent in the Southeast. Only 25 state assemblies adopted the Child Rights Act of 2003, which sets the minimum marriage age, and most states, especially northern states, did not uphold the federal official minimum age for marriage. The government engaged religious leaders, emirs, and sultans on the problem, emphasizing the health hazards of early marriage. Certain states worked with NGO programs to establish school subsidies or fee waivers for children to help protect against early marriage. The government did not take legal steps to end sales of young girls into marriage.

According to an NGO, education was a key indicator of whether a girl would marry as a child–82 percent of women with no education were married before 18, as opposed to 13 percent of women who had at least finished secondary school. In the North parents complained the quality of education was so poor that schooling could not be considered a viable alternative to marriage for their daughters. Families sometimes forced young girls into marriage as early as puberty, regardless of age, to prevent “indecency” associated with premarital sex or for other cultural and religious reasons. Boko Haram subjected abducted girls to forced marriage. For additional information, see Appendix C.

Sexual Exploitation of Children: The 2003 Child Rights Act prohibits child prostitution and sexual intercourse with a child, providing penalties for conviction from seven years’ to life imprisonment, respectively, for any adults involved. Two-thirds of states had adopted the act.

The VAPP criminalizes incest and provides prison sentences for conviction of up to 10 years. The Cybercrimes Act of 2015 criminalizes the production, procurement, distribution, and possession of child pornography with prison terms if convicted of 10 years, a fine of 20 million naira ($63,500), or both.

Sexual exploitation of children remained a significant problem. Children were exploited in commercial sex, both within the country and in other countries. Girls were victims of sexual exploitation in IDP camps. There were continued reports that camp officials and members of security forces, including some military personnel, used fraudulent or forced marriages to exploit girls in sex trafficking (see section 1.g.).

Displaced Children: In July the IOM reported there were approximately 1.8 million persons displaced in the states of Adamawa, Bauchi, Borno, Gombe, Taraba, and Yobe. Children younger than age 18 constituted 56 percent of the IDP population, with 48 percent of them under age five. Many children were homeless and lived on the streets.

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.html.

Anti-Semitism

An estimated 700 to 900 members of the Jewish community, who were foreign employees of international firms, resided in Abuja. Although not recognized as Jews by mainstream Jewish communities, between 2,000 and 30,000 ethnic Igbos claimed Jewish descent and practiced some form of Judaism. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

No federal laws prohibit discrimination against persons with disabilities, but the constitution (as amended) does prohibit discrimination based on the “circumstances of one’s birth.”

Some national-level polices such as the National Health Policy of 2016 provide for health-care access for persons with disabilities. Plateau and Lagos states have laws and agencies that protect the rights of persons with disabilities, while Akwa-Ibom, Ekiti, Jigawa, Kwara, Ogun, Osun, and Oyo States took steps to develop such laws. The Ministry of Women’s Affairs and Social Development has responsibility for persons with disabilities. Some government agencies, such as the NHRC and the Ministry of Labor and Employment, designated an employee to work on issues related to disabilities.

Mental health-care services were almost nonexistent. Officials at a small number of prisons used private donations to provide separate mental health facilities for prisoners with mental disabilities. All prisoners with disabilities stayed with the general inmate population and received no specialized services or accommodations.

Persons with disabilities faced social stigma, exploitation, and discrimination, and relatives often regarded them as a source of shame. Many indigent persons with disabilities begged on the streets. The government operated vocational training centers in Abuja and Lagos to train indigent persons with disabilities. Individual states also provided facilities to help persons with physical disabilities become self-supporting. The Joint National Association of Persons with Disabilities served as the umbrella organization for a range of disability groups.

National/Racial/Ethnic Minorities

The ethnically diverse population consisted of more than 250 groups speaking 395 different languages. Many were concentrated geographically. Three major groups–the Hausa, Igbo, and Yoruba–together constituted approximately half the population. Members of all ethnic groups practiced ethnic discrimination, particularly in private sector hiring patterns and the segregation of urban neighborhoods. A long history of tension existed among some ethnic groups. The government’s efforts to address tensions among ethnic groups typically involved heavily concentrated security actions, incorporating police, military, and other security services, often in the form of a joint task force.

The law prohibits ethnic discrimination by the government, but most ethnic groups claimed marginalization in terms of government revenue allocation, political representation, or both.

The constitution requires the government to have a “federal character,” meaning that cabinet and other high-level positions must be distributed to persons representing each of the 36 states or each of the six geopolitical regions. President Buhari’s cabinet appointments conformed to this policy. Traditional relationships were used to pressure government officials to favor particular ethnic groups in the distribution of important positions and other patronage.

All citizens have the right to live in any part of the country, but state and local governments frequently discriminated against ethnic groups not indigenous to their areas, occasionally compelling individuals to return to a region where their ethnic group originated but where they no longer had ties. State and local governments sometimes compelled nonindigenous persons to move by threats, discrimination in hiring and employment, or destruction of their homes. Those who chose to stay sometimes experienced further discrimination, including denial of scholarships and exclusion from employment in the civil service, police, and military. For example, in Plateau State the predominantly Muslim and nonindigenous Hausa and Fulani faced significant discrimination from the local government in land ownership, jobs, access to education, scholarships, and government representation.

Land disputes, ethnic differences, settler-indigene tensions, and religious affiliation contributed to clashes between Fulani herdsmen and farmers throughout the Middle Belt (the central part of the country). “Silent killings,” in which individuals disappeared and later were found dead, occurred throughout the year.

Conflicts concerning land rights continued among members of the Tiv, Kwalla, Jukun, Fulani, and Azara ethnic groups living near the convergence of Nassarawa, Benue, and Taraba states.

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

The 2014 SSMPA effectively renders illegal all forms of activity supporting or promoting lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. According to the SSMPA, anyone convicted of entering into a same-sex marriage or civil union may be sentenced to up to 14 years’ imprisonment. During the year the government brought formal charges under the SSMPA for the first time. As of November a hotel owner and two staff were awaiting trial on charges of aiding and abetting homosexual activities in violation of Section 5(2) of the SSMPA. The offense carries a 10-year sentence if convicted.

Following passage of the SSMPA, LGBTI persons reported increased harassment and threats against them based on their perceived sexual orientation or gender identity. News reports and LGBTI advocates reported numerous arrests, but detainees were in all cases released without formal charges after paying a bond, which was oftentimes nothing more than a bribe. In a report published in October, HRW found no evidence of any SSMPA-based prosecutions. According to HRW, however, the law had become a tool used by police and members of the public to legitimize human rights violations against LGBTI persons such as torture, sexual violence, arbitrary detention, extortion, and violations of due process rights.

In the 12 northern states that adopted sharia, adults convicted of engaging in same-sex sexual activity may be subject to execution by stoning. Sharia courts did not impose such sentences during the year. In previous years individuals convicted of same-sex sexual activity were sentenced to lashing.

In July 2017 police in Lagos arrested approximately 70 individuals, including 13 minors, at a hotel party where police stated homosexual activities took place. In November 2017 the charges against the 13 minors were dismissed without a plea. In December 2017 the 27 adults agreed entered into a plea deal in which they pled guilty to unlawful assembly and were sentenced to time served and 30 days of community service. The hotel owner and two staff members, however, were charged with aiding and abetting homosexual activities in violation of Section 5(2) of the SSMPA, which carries a 10-year sentence if convicted. This was the first time the state had brought formal charges under the SSMPA. The three individuals were released on bail in December 2017, and their cases dismissed in August.

Several NGOs provided LGBTI groups with legal advice and training in advocacy, media responsibility, and HIV/AIDS awareness, as well as providing safe havens for LGBTI individuals. The government and its agents did not impede the work of these groups during the year.

HIV and AIDS Social Stigma

The public considered HIV to be a disease and a result of immoral behavior and a punishment for same-sex sexual activity. Persons with HIV/AIDS often lost their jobs or were denied health-care services. Authorities and NGOs sought to reduce the stigma and change perceptions through public education campaigns.

Other Societal Violence or Discrimination

The ICG reported that at least 1,300 citizens were killed in violence involving herders and farmers. An estimated 300,000 persons were also displaced by the violence. According to ICG, what were once spontaneous attacks have increasingly become premeditated, scorched-earth campaigns driven primarily by competition for land between farmers and herders.

Various reports indicated street mobs killed suspected criminals during the year. In most cases these mob actions resulted in no arrests.

Ritualists who believed certain body parts confer mystical powers kidnapped and killed persons to harvest body parts for rituals and ceremonies. For example, in April police in Ogun State discovered a shrine containing the body of a man allegedly killed for ritual purposes.

Persons born with albinism faced discrimination, were considered bad luck, and were sometimes abandoned at birth or killed for witchcraft purposes.

Women

Rape and Domestic Violence: The law criminalizes rape, but authorities did not generally enforce it effectively. The law does not specifically address domestic violence. The law provides for five to 10 years’ imprisonment for conviction of rape and a fine of two million to 10 million CFA francs ($3,610 to $18,050). Conviction of spousal rape is punishable by up to 720 hours of community service and a fine of 200,000 to one million CFA francs ($361 to $1,805). A prison term for conviction of 20 to 30 years applies if the victim is younger than age 14, was gang raped, or if the rape resulted in pregnancy, disease, or incapacitation lasting more than six weeks. Neither the government nor any group compiled statistics on the incidence of rape or arrests for rape.

Domestic violence against women was widespread. Police generally did not intervene in abusive situations, and many women were not aware of the formal judicial mechanisms designed to protect them. Although there were no official efforts to combat rape and domestic violence, several NGOs actively educated women on their rights.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for girls and women. According to UNICEF data, FGM/C had been performed on 5 percent of girls and women between ages 15 and 49. The most common form of FGM/C was excision, usually performed a few months after birth.

Penalties for those convicted of FGM/C range from five to 10 years’ imprisonment as well as substantial fines; repeat offenders face longer sentences. The law was rarely enforced, however, because most cases occurred in rural areas where awareness of the law was limited or traditional customs among certain ethnic groups took precedence over the legal system. The practice was most common in isolated Muslim communities in the sparsely populated Central Region.

The government sponsored educational seminars on FGM/C. Several domestic NGOs, with international assistance, organized campaigns to educate women on their rights and on how to care for victims of FGM/C. NGOs also worked to create alternative labor opportunities for former FGM/C perpetrators.

For more information, see Appendix C.

Sexual Harassment: Sexual harassment was a problem. While the law states harassment is illegal and may be prosecuted in court, no specific punishment for conviction is prescribed, and authorities did not enforce the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Although by law women and men are equal, women experienced discrimination in education, pay, pension benefits, inheritance, and transmission of citizenship (see section 6, Children). In urban areas women and girls dominated market activities and commerce. Harsh economic conditions in rural areas, where most of the population lived, left women with little time for activities other than domestic tasks and agricultural fieldwork. While the formal legal system supersedes the traditional system, it is slow, distant, and expensive to access; rural women were effectively subject to traditional law.

There are no restrictions on women signing contracts, opening bank accounts, or owning property. Women did not experience formal-sector economic discrimination in access to employment, credit, or managing a business. By traditional law a wife has no maintenance or child support rights in the event of divorce or separation. The formal legal system provides inheritance rights for a wife upon the death of her husband. Polygyny was practiced and recognized by formal and traditional law.

Children

Birth Registration: According to the constitution, citizenship is derived either from birth within the country’s borders or, if abroad, from a Togolese parent. Conflicting nationality laws, however, discriminated against women. While the constitution provides that a child born of one citizen parent, be it the father or the mother, is a citizen, the nationality code states that a woman may pass her nationality to a child only if the father is stateless or unknown. The child code, however, has gender-neutral nationality provisions that conflict with the nationality code. For additional information, see Appendix C.

Authorities registered and issued birth certificates to approximately 80 percent of children, but the percentage was lower in rural areas. Birth certificates are required to obtain an identity card, which is needed to enroll in school, inherit or buy property, and travel outside the country.

Education: School attendance is compulsory for boys and girls until age 15, and the government provides tuition-free public education from nursery through primary school. Parents must pay for books, supplies, uniforms, and other expenses. There was near gender parity in primary school attendance. Girls were more likely than boys to complete primary school but less likely to attend secondary school.

Child Abuse: Child abuse was a widespread problem. While there is no statutory rape law, by law the minimum age of consensual sex is 16 for both boys and girls. The government worked with local NGOs on public awareness campaigns to prevent exploitation of children.

The government maintained a toll-free telephone service for persons to report cases of child abuse and to seek help. The service provided information on the rights of the child and legal procedures and access to social workers who could intervene in emergencies. The government worked with UNICEF to train teachers on children’s rights and included human rights education in elementary school curricula.

Early and Forced Marriage: The legal ages for marriage are 18 for girls and 20 for boys, although both may marry at younger ages with parental consent. For additional information, see Appendix C.

The government and NGOs engaged in a range of actions to prevent early marriage, particularly through awareness raising among community and religious leaders. The Ministries of Education, Gender, and Health led development of the National Program against Child Marriage and Teenage Pregnancy. Multiple initiatives focused on helping girls stay in school. Messages broadcast through mass media, particularly local radio, stressed avoiding early marriage and the importance of educating girls. For additional information, see Appendix C.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and provides penalties for those convicted of between one and five years’ imprisonment and fines of 100,000 to one million CFA francs ($180 to $1,805). For conviction of violations involving children younger than age 15, prison sentences may be up to 10 years. The law was not effectively enforced. The minimum age of consensual sex is 16 for boys and girls.

The law prohibits child pornography and penalties for conviction are five to 10 years’ imprisonment. The government conducted a survey and assessment of reports of child sex tourism in 2013 as part of its effort to address the problem of minors subjected to prostitution, but it had yet to release its findings.

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.html.

Anti-Semitism

There is no known Jewish community, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, mental, intellectual, and sensory disabilities, but the government did not effectively enforce these prohibitions. The law does not mandate accessibility to public or private facilities for persons with disabilities, although some public buildings had ramps. Children with disabilities attended schools at all levels, with some attending schools specifically for those with disabilities. Information regarding possible abuse in these facilities was unavailable. The law does not restrict the right of persons with disabilities to vote and participate in civic affairs, although lack of accessible buildings and transportation posed barriers.

The Ministry of Health, the Ministry of Education, and the Ministry of Social Action, Women’s Promotion, and Elimination of Illiteracy were responsible for protecting the rights of persons with disabilities. The Ministry of Social Action, Women’s Promotion, and Elimination of Illiteracy held awareness campaigns to fight discrimination and promote equality; it also distributed food and clothing and provided skills training to persons with disabilities.

National/Racial/Ethnic Minorities

Northern ethnic groups, especially the Kabye tribe, dominate the civil and military services, while southern ethnic groups, especially the Ewe, dominate the private commercial sector. Relative dominance was a recurring source of political tension.

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

The penal code prohibits “acts against nature committed with an individual of one’s sex,” widely understood as a reference to same-sex sexual activity. The law provides that a person convicted of engaging in consensual same-sex sexual activity may be sentenced to one to three years’ imprisonment and fined one million to three million CFA francs ($1,805 to $5,415), but the law was not enforced. On those occasions when police arrested someone for engaging in consensual same-sex sexual activity, the charge was usually for some other violation as justification for the arrest, such as disturbing the peace or public urination. The media code forbids promotion of immorality. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced societal discrimination in employment, housing, and access to education and health care. Existing antidiscrimination laws do not apply to LGBTI persons. No laws allow transgender persons to change gender markers on government-issued identity documents.

LGBTI groups could register with the Ministry of Territorial Affairs as health-related groups, particularly those focused on HIV/AIDS prevention. Activists reported violence against LGBTI persons was common, but police ignored complaints. Most human rights organizations, including the CNDH, refused to address LGBTI concerns.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons infected with HIV/AIDS, and the government sponsored broadcasts aimed at deterring discrimination. Persons infected with HIV/AIDS, nonetheless, faced some societal discrimination, including reports of family members refusing to share eating utensils with infected persons.