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Afghanistan

Executive Summary

Afghanistan is an Islamic republic with a directly elected president, a bicameral legislative branch, and a judicial branch; however, armed insurgents control some portions of the country. On September 28, Afghanistan held presidential elections after technical issues and security requirements compelled the Independent Election Commission (IEC) to reschedule the election multiple times. To accommodate the postponements, the Supreme Court extended President Ghani’s tenure. The IEC delayed the announcement of preliminary election results, originally scheduled for October 19, until December 22, due to technical challenges in vote tabulations; final results scheduled for November 7 had yet to be released by year’s end.

Three ministries share responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the National Directorate of Security (NDS). The Afghan National Police (ANP), under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police (ALP), a community-based self-defense force. The Major Crimes Task Force (MCTF), also under the Ministry of Interior, investigates major crimes including government corruption, human trafficking, and criminal organizations. The Afghan National Army, under the Ministry of Defense, is responsible for external security, but its primary activity is fighting the insurgency internally. The NDS functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. The investigative branch of the NDS operated a facility in Kabul, where it held national security prisoners awaiting trial until their cases went to prosecution. Some areas were outside of government control, and antigovernment forces, including the Taliban, instituted their own justice and security systems. Civilian authorities generally maintained control over the security forces, although security forces occasionally acted independently.

Armed insurgent groups conducted major attacks on civilians and targeted killings of persons affiliated with the government.

Significant human rights issues included: unlawful killings by insurgents; extrajudicial killings by security forces; forced disappearances by security forces and antigovernment personnel; reports of torture by security forces and antigovernment entities; arbitrary detention by government security forces and insurgents; government corruption; lack of accountability and investigation in cases of violence against women, including those accused of so-called moral crimes; recruitment and use of child soldiers and sexual abuse of children, including by security force members and educational personnel; trafficking in persons; violence by security forces against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and criminalization of consensual same-sex sexual conduct.

Widespread disregard for the rule of law and official impunity for those responsible for human rights abuses were serious, continuing problems. The government did not prosecute consistently or effectively abuses by officials, including security forces.

Antigovernment elements continued to attack religious leaders who spoke against the Taliban. During the year many progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. The Taliban and ISIS-Khorasan Province (ISIS-K) used child soldiers as suicide bombers and to carry weapons. Other antigovernment elements threatened, robbed, kidnapped, and attacked government workers, foreigners, medical and nongovernmental organization (NGO) workers, and other civilians. The UN Assistance Mission in Afghanistan (UNAMA) reported 8,239 civilian casualties in the first nine months of the year, with 62 percent of these casualties attributed to antigovernment actors. Taliban propaganda did not acknowledge responsibility for civilian casualties, separating numbers into “invaders” and “hirelings.” The group also referred to its attacks that indiscriminately killed civilians as “martyrdom operations.”

Bangladesh

Executive Summary

Bangladesh’s constitution provides for a parliamentary form of government in which most power resides in the Office of the Prime Minister. Sheikh Hasina and her Awami League (AL) party won a third consecutive five-year term, keeping her in office as prime minister, in an improbably lopsided December 2018 parliamentary election that was not considered free and fair and was marred by reported irregularities, including ballot-box stuffing and intimidation of opposition polling agents and voters. During the campaign there were credible reports of harassment, intimidation, arbitrary arrests, and violence that made it difficult for many opposition candidates and their supporters to meet, hold rallies, and campaign freely. International election monitors were not issued accreditation and visas within the timeframe necessary to conduct a credible international monitoring mission, and only seven of the 22 Election Working Group nongovernmental organizations (NGOs) were approved to conduct domestic election observation.

The security forces encompassing the national police, border guards, and counterterrorism units such as the Rapid Action Battalion (RAB) maintain internal and border security. The military, primarily the army, is responsible for national defense but also has some domestic security responsibilities. The security forces report to the Ministry of Home Affairs and the military reports to the Ministry of Defense. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: unlawful or arbitrary killings; forced disappearance; torture; arbitrary or unlawful detentions by the government or on its behalf; harsh and life-threatening prison conditions; arbitrary or unlawful interference with privacy; arbitrary arrests of journalists and human rights activists, censorship, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive NGO laws and restrictions on the activities of NGOs; significant restrictions on freedom of movement; restrictions on political participation, where elections were not found to be genuine, free, or fair; significant acts of corruption; criminal violence against women and girls; trafficking in persons; crimes involving violence or threats of violence targeting indigenous people; crimes involving violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and criminalization of same-sex sexual conduct; restrictions on independent trade unions and workers’ rights; and the use of the worst forms of child labor.

There were reports of widespread impunity for security force abuses. The government took few measures to investigate and prosecute cases of abuse and killing by security forces.

India

Executive Summary

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

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

Significant human rights issues included: unlawful and arbitrary killings, including extrajudicial killings perpetrated by police; torture by prison officials; arbitrary arrest and detention by government authorities; harsh and life-threatening prison conditions; political prisoners in certain states; restrictions on freedom of expression and the press, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, use of criminal libel laws to prosecute social media speech, censorship, and site blocking; overly restrictive rules on nongovernmental organizations (NGOs); frequent reports of widespread corruption at all levels of government; violence and discrimination targeting minorities based on religious affiliation or social status; and forced and compulsory child labor, including bonded labor.

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

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

On August 5, the government announced major changes to the constitutional status of Jammu and Kashmir, converting the state into two separate union territories. In the ensuing security crackdown, authorities detained thousands of residents, including local political leaders; shut down mobile and internet services; and imposed restrictions on movement. As of December the government had taken steps to restore normalcy, including partial restoration of telephone and mobile services, but had not yet announced a timeline for local assembly elections.

Maldives

Executive Summary

The Republic of Maldives is a multiparty constitutional democracy. In September 2018 voters elected Ibrahim Mohamed Solih president. Observers considered the election mostly free and fair despite a flawed pre-election process, which was overseen by the former administration. Parliamentary elections held on April 6 were well administered and transparent according to local and international observers.

Maldives Police Service (MPS) is responsible for internal security and reports to the Ministry of Home Affairs. Maldives National Defence Force (MNDF) is responsible for external security and disaster relief and reports to the Ministry of Defence. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: allegations of torture by government authorities; significant problems with the independence of the judiciary; trafficking in persons; criminalization of same-sex sexual conduct; and the lack of a legal framework recognizing independent trade unions.

The government took some steps to investigate officials who committed human rights abuses, including enforced disappearances, and established investigative commissions.

Nepal

Executive Summary

Nepal is a federal democratic republic. The 2015 constitution established the political system, including the framework for a prime minister as the chief executive, a bicameral parliament, and seven provinces. In 2017 the country held national elections for the lower house of parliament and the newly created provincial assemblies. Domestic and international observers characterized the national elections as “generally well conducted,” although some noted a lack of transparency in the work of the Election Commission of Nepal (ECN).

The Nepal Police are responsible for enforcing law and order across the country. The Armed Police Force (APF) is responsible for combating terrorism, providing security during riots and public disturbances, assisting in natural disasters, and protecting vital infrastructure, public officials, and the borders. The Nepal Police and APF report to the Ministry of Home Affairs. The Nepali Army (NA) is responsible for external security and international peacekeeping, but also has some domestic security responsibilities such as disaster relief operations and nature conservation efforts. The NA reports to the Ministry of Defense. Civilian authorities maintained effective authority over the Nepal Police, APF, and Army.

Significant human rights issues included: reports of unlawful or arbitrary killings, including extrajudicial killings; torture; arbitrary detention by government; site blocking and criminal defamation laws; interference with the rights of peaceful assembly and freedom of association, including overly restrictive NGO laws; restrictions on freedom of movement for refugees, notably resident Tibetans; significant acts of corruption; and use of forced, compulsory, and child labor.

The government investigated but did not routinely hold accountable those officials and security forces accused of committing violations of the law. Security personnel accused of using excessive force in controlling protests in recent years did not face notable accountability nor did most conflict-era human rights violators.

Pakistan

Executive Summary

Pakistan is a federal parliamentary republic. In 2018 the Pakistan Tehreek-e-Insaf (PTI) party won the most National Assembly seats in the general elections, and PTI’s leader, Imran Khan, became prime minister. While independent observers noted technical improvements in the Election Commission of Pakistan’s management of the polling process itself, observers, civil society organizations, and political parties raised concerns regarding pre-election interference by military and intelligence agencies that created an uneven electoral playing field. Some political parties also alleged significant polling day irregularities occurred.

Police have primary domestic security responsibility for most of the country. Local police are under the jurisdiction of provincial governments. Paramilitary organizations–including the Frontier Corps, which operates in Balochistan and Khyber Pakhtunkhwa, including the former Federally Administered Tribal Areas (FATA), and the Rangers, which operate in Sindh and Punjab–provide security services under the authority of the Ministry of Interior. The Frontier Corps’ primary mission is security of the Pakistan-Afghanistan border and the Corps reports to the Ministry of Interior in peacetime and the army in times of conflict. The military is responsible for external security but continues to play a role in domestic security, including as the lead security agency in many areas of the former FATA. While military and intelligence services officially report to civilian authorities, the military and intelligence services operate independently and without effective civilian oversight.

Significant human rights issues included: unlawful or arbitrary killings by the government or its agents, including extrajudicial killings; forced disappearance; torture; arbitrary detention; arbitrary or unlawful government interference with privacy; the worst forms of restrictions on free expression, the press, and the internet, including violence against journalists, censorship, and site blocking; substantial government interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; severe restrictions of religious freedom; significant restrictions on freedom of movement; acts of corruption within the bureaucracy; unlawful recruitment and use of child soldiers by nonstate militant groups; trafficking in persons; crimes involving violence targeting members of racial and ethnic minorities; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons by nonstate actors; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; and the use of forced or compulsory child labor.

There was a lack of government accountability, and abuses often went unpunished, fostering a culture of impunity among perpetrators, whether official or unofficial. Authorities seldom punished government officials for human rights abuses.

Terrorist violence and human rights abuses by nonstate actors contributed to human rights problems, although to a lesser extent than in previous years, consistent with an overall decline in terrorist activity. Military, police, and law enforcement agencies continued to carry out significant campaigns against militant and terrorist groups. Nevertheless, violence, abuse, and social and religious intolerance by militant organizations and other nonstate actors, both local and foreign, contributed to a culture of lawlessness. As of September terrorism fatalities stood at 315, in comparison with 697 total fatalities in 2018, according to the South Asia Terrorism Portal, a database compiled by the public interest advocacy organization Institute for Conflict Management, which collects statistics on terrorism and low intensity warfare in South Asia.

Sri Lanka

Executive Summary

Sri Lanka is a constitutional, multiparty democratic republic with a freely elected government. Gotabaya Rajapaksa was elected president on November 16. Accredited domestic and international observers described the election as peaceful and technically well managed but noted that unregulated campaign spending, abuse of state resources, and media bias affected the level playing field. Following the results of the presidential election, the prime minister and cabinet peacefully resigned, and a new cabinet was sworn in on November 22. The timeline for parliamentary elections in 2020 was pending at year’s end.

The Sri Lanka Police are responsible for maintaining internal security and are under the Ministry of Defense. The military, also 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 authorities generally maintained control over the security forces.

On April 21, suicide bombs killed 258 individuals. The attacks were the responsibility of the National Thowheed Jamath (NTJ), members of which had sworn allegiance to the Islamic State. The following day the government declared an emergency under the Public Security Ordinance, deployed the armed forces domestically, and gave them arrest authority. During the emergency the government banned three Islamist organizations: the NTJ, Jamathe Millathe Ibrahim, and Vilayath As Seylani. The three Islamist groups remained banned after the emergency expired on August 22. President Maithripala Sirisena subsequently ordered the military to remain deployed across the country after the expiration of the emergency, although no longer with arrest authority. President Rajapaksa in turn extended the order on November 22.

Significant human rights issues included: unlawful killings by the government; torture by government agents; sexual abuse; arbitrary detention by government entities; restrictions on freedom of expression, including unjustified arrests of journalists and authors, and limited social media blocking; widespread corruption; violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and the criminalization of same-sex sexual conduct.

Often police reportedly harassed civilians, often with impunity, although the government took steps to investigate and prosecute some officials who committed human rights abuses. The government did not implement a mechanism to hold accountable military and security personnel accused of atrocities during the 1983 to 2009 civil war as called for in 2015 by UN Human Rights Council (UNHRC) Resolution 30/1.

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