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Brazil

Executive Summary

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

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

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

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

Philippines

Executive Summary

The Philippines is a multiparty, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. Midterm elections in May 2019 for 12 (of 24 total) senators, all congressional representatives, and local government leaders were seen as generally free and fair, despite reports of violence and vote buying. The ruling party and allies won all 12 Senate seats and maintained an approximately two-thirds majority in the 306-seat House of Representatives. Barangay (village) and youth council elections originally scheduled for 2021 were rescheduled for December 5, 2022, so that local and national elections would occur in the same year.

The Philippine National Police is charged with maintaining internal security in most of the country and reports to the Department of the Interior. The Armed Forces of the Philippines (armed forces), which reports to the Department of National Defense, is responsible for external security but also carries out domestic security functions in regions with a high incidence of conflict, particularly the Mindanao region. The two agencies share responsibility for counterterrorism and counterinsurgency operations. The national police Special Action Force is responsible for urban counterterrorism operations. Governors, mayors, and other local officials have considerable influence over local police units, including appointment of top departmental and municipal police officers and the provision of resources. The government continued to support and arm civilian militias. The armed forces controlled Civilian Armed Force Geographical Units, while Civilian Volunteer Organizations fell under national police command. These paramilitary units often received minimal training and were poorly monitored and regulated. Some political families and clan leaders, particularly in Mindanao, maintained private armies and, at times, recruited Civilian Volunteer Organization and Civilian Armed Forces Geographical Unit members into those armies. Civilian control over security forces was not fully effective. Members of the security forces committed numerous abuses.

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

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

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

Sri Lanka

Executive Summary

Sri Lanka is a constitutional, multiparty democratic republic with a freely elected government. Presidential elections were held in 2019, and Gotabaya Rajapaksa won the presidency. He appointed former president Mahinda Rajapaksa, his brother, as prime minister. On August 5, Prime Minister Mahinda Rajapaksa led the Sri Lankan People’s Freedom Alliance and small allied parties to secure a two-thirds supermajority, winning 150 of 225 seats in parliamentary elections. COVID-19 travel restrictions prevented international observers and limited domestic election observation. Domestic observers described the election as peaceful, technically well managed, and safe considering the COVID-19 pandemic but noted that unregulated campaign spending, abuse of state resources, and media bias affected the level playing field.

The Sri Lanka Police are responsible for maintaining internal security and are under the Ministry of Public Security, formed on November 20. The military, under the Ministry of Defense, may be called upon to handle specifically delineated domestic security responsibilities, but generally without arrest authority. The nearly 11,000-member paramilitary Special Task Force, a police entity that reports to the inspector general of police, coordinates internal security operations with the military. Civilian officials maintained control over the security forces. Members of the security forces committed some abuses.

The Sri Lanka parliament passed the 20th Amendment to the constitution on October 22. Opposition political leaders and civil society groups widely criticized the amendment for its broad expansion of executive authority that activists said would undermine the independence of the judiciary and independent state institutions, such as the Human Rights Commission and the Elections Commission, by granting the president sole authority to make appointments to these bodies with parliament afforded only a consultative role.

Following the April 2019 suicide bomb attacks that killed more than 250 persons, the government declared a state of emergency under the Public Security Ordinance, deployed the armed forces domestically, and granted them arrest authority. The state of emergency expired in August 2019, ending the temporary arrest authorities granted to the armed forces. The government, however, gazetted an order deploying the armed forces to ensure public security each month since the expiration of the state of emergency, keeping the military continuously deployed. Despite dozens of arrests for alleged material support to the deceased suicide bombers and continuing investigations, no suspects had been prosecuted for involvement in the attacks.

Significant human rights issues included: unlawful killings by the government; torture and cases of cruel, inhuman, or degrading treatment or punishment by government agents; arbitrary arrest and detention by government entities; arbitrary and unlawful interference with privacy; restrictions on free expression and the press, including unjustified arrests of journalists and authors; widespread corruption; overly restrictive nongovernmental organization laws; interference with the freedom of peaceful assembly and freedom of association; serious acts of corruption; lack of investigation of violence against women; trafficking in persons; crimes involving violence targeting members of ethnic minority groups; crimes involving violence against lesbian, gay, bisexual, transgender, and intersex persons; and existence or use of laws criminalizing same-sex sexual conduct.

Police reportedly harassed civilians with impunity. The government took steps to investigate and prosecute some officials who committed human rights abuses.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future