Australia

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

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and the government enforced the law effectively. The laws of individual states and territories provide the penalties for rape. Maximum penalties range from 12 years’ to life imprisonment, depending on the jurisdiction and aggravating factors.

The law prohibits violence against women, including domestic abuse, and the government enforced the law. The laws of individual states and territories provide the penalties for domestic violence. In the largest jurisdiction, New South Wales, domestic violence offenses cover acts of personal violence (such as stalking, intimidation, or strangulation) committed against a person with whom the offender has (or had) a domestic relationship. For domestic violence offenses, courts must impose a full-time prison sentence unless a valid exception applies. In the case of strangulation, an offense associated with domestic violence, the maximum penalty is five years’ imprisonment.

Violence against women remained a problem, particularly in indigenous communities. Indigenous women were 32 times as likely to be hospitalized due to family violence as non-Indigenous women, according to a 2018 report.

Women were more likely than men to be victims of domestic violence, including homicide, across all states and territories. According to a 2016 survey, women were nearly three times more likely to have experienced partner violence than men, with approximately one in six women (17 percent) and one in 16 men (6 percent) having experienced partner violence since the age of 15. According to the Australian Bureau of Statistics, the proportion of women who experienced partner violence in the last decade remained relatively stable. Federal and state government programs provide support for victims, including funding for numerous women’s shelters. Police received training in responding to domestic violence. Federal, state, and territorial governments collaborated on the National Plan to Reduce Violence against Women and their Children 2010-22, the first effort to coordinate action at all levels of government to reduce violence against women.

Sexual Harassment: The law prohibits sexual harassment. Complaints of sexual harassment can lead to criminal proceedings or disciplinary action against the defendant and compensation claims by the plaintiff. The HRC receives complaints of sexual harassment as well as sex discrimination. The penalties vary across states and territories.

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, including under laws related to family, religion, personal status, labor, property, nationality, and inheritance, as well as employment, credit, pay, owning or managing businesses, education, and housing. The government enforced the law effectively.

Employment discrimination against women occurred, and there was a much-publicized “gender pay gap” (see section 7.d.).

Birth Registration: Children are citizens if at least one parent is a citizen or permanent resident at the time of the child’s birth. Children born in the country to parents who are not citizens or permanent residents acquire citizenship on their 10th birthday, if they lived the majority of their life within the country. Failure to register does not result in denial of public services. In general, births were registered promptly.

Child Abuse: State and territorial child protection agencies investigate and initiate prosecutions of persons for child neglect or abuse. All states and territories have laws or guidelines that require members of certain designated professions to report suspected child abuse or neglect. The federal government’s role in the prevention of child abuse includes funding for research, carrying out education campaigns, developing action plans against commercial exploitation of children, and funding community-based parenting programs.

In 2017 the Royal Commission into Institutional Responses to Child Sexual Abuse released its final recommendations on what institutions and governments should do to address child sexual abuse and ensure justice for victims. Since the recommendations were released, the Royal Commission website reports there have been 42,000 calls handled, 8,000 sessions held, and 2,500 referrals to authorities, including police. The government also responded by creating the National Office for Child Safety in the Department of Social Services in July 2018.

The rate of indigenous children on care and protection orders was nearly seven times greater than the nonindigenous rate.

In September, Roman Catholic Cardinal George Pell lodged an application with the country’s highest court to appeal his child sex abuse convictions. In August the Court of Appeal of the Supreme Court of Victoria upheld Pell’s December 2018 conviction on five counts of child sexual abuse of two boys in the 1990s. Pell was sentenced to six years’ imprisonment and required to register as a sex offender. The Court of Appeal also refused Pell’s release from prison during his appeal.

Early and Forced Marriage: The legal minimum age of marriage is 18 for both boys and girls. Persons age 16 to 18 may apply to a judge or magistrate for an order authorizing marriage to a person who has attained 18 years; the marriage of the minor also requires parental or guardian consent. Two persons younger than age 18 may not marry each other; reports of marriages involving a person younger than age 18 were rare. The government reported an increase in the number of forced marriage investigations, but the practice remained rare.

Sexual Exploitation of Children: The law provides a maximum penalty of 25 years’ imprisonment for commercial sexual exploitation of children and was effectively enforced.

The law prohibits citizens and residents from engaging in, facilitating, or benefiting from sexual activity with children overseas who are younger than age 16 and provides for a maximum sentence of 17 years’ imprisonment for violations. The government continued its awareness campaign to deter child sex tourism through distribution of pamphlets to citizens and residents traveling overseas.

The legal age for consensual sex ranges from ages 16 to 18 by state. Penalties for statutory rape vary across jurisdictions. Defenses include reasonable grounds for believing the alleged victim was older than the legal age of consent and situations in which the two persons are close in age.

All states and territories criminalize the possession, production, and distribution of child pornography. Maximum penalties for these offenses range from four to 21 years’ imprisonment. Federal laws criminalize using a “carriage service” (for example, the internet) for the purpose of possessing, producing, and supplying child pornography. The maximum penalty for these offenses is 10 years’ imprisonment, a fine of A$275,000 ($186,000), or both. Under federal law, suspected pedophiles can be tried in the country regardless of where the crime was committed.

The government largely continued federal emergency intervention measures to combat child sexual abuse in aboriginal communities in the Northern Territory, following findings of high levels of child sexual abuse and neglect in a 2007 inquiry. These measures included emergency bans on sales of alcohol and pornography, restrictions on the payment of welfare benefits in cash, linkage of support payments to school attendance, and medical examinations for all indigenous children younger than age 16 in the Northern Territory.

While public reaction to the interventions remained generally positive, some aboriginal activists asserted there was inadequate consultation and that the measures were racially discriminatory, since nonindigenous persons in the Northern Territory were not initially subject to such restrictions.

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

According to the 2016 census, the country’s Jewish community numbered 91,000. During the year ending on September 30, 2018, the nongovernmental Executive Council of Australian Jewry reported 366 anti-Semitic incidents, an increase of 59 percent over the previous 12-month period. These incidents included vandalism, threats, harassment, and physical and verbal assaults. One neo-Nazi group, Antipodean Resistance, was responsible for 36 percent of reported anti-Semitic incidents.

During the May election campaign, several candidates’ posters were defaced with swastikas and “Hitler” moustaches, including the posters of several Jewish parliamentarians. An anonymous letter was distributed in the electorate of one independent Jewish parliamentarian, opposing her candidacy and claiming Jews were spreading disease.

Trafficking in Persons

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

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government effectively enforced the law.

The disability discrimination commissioner of the HRC promotes compliance with federal and state laws that prohibit discrimination against persons with disabilities. The law also provides for HRC mediation of discrimination complaints, authorizes fines against violators, and awards damages to victims of discrimination.

Children with disabilities generally attended school. The government provided funding for early intervention and treatment services and cooperated with state and territorial governments that ran programs to assist students with disabilities.

According to government sources, approximately half of Australians with a disability are employed, compared with 83 percent of all working-age persons.

Of total complaints (2,046) received by the HRC in 2017-18, 14 percent related to racial discrimination. The plurality of racial discrimination complaints related to employment (29 percent), with the second largest category being discrimination in the provision of goods and services (28.5 percent). Fewer than 1 percent of racial discrimination complaints related to access to places and facilities.

Aboriginals and Torres Strait Islanders constitute the country’s indigenous population. Despite federal and state government initiatives, indigenous peoples and communities continued to have high incarceration rates, high unemployment rates, relatively low levels of education, and high incidences of domestic and family violence, substance abuse, and limited access to health services in comparison with other groups. The National Indigenous Australians Agency has responsibility for policy and programs related to indigenous peoples and communities. The prime minister reports annually to parliament regarding government progress on eliminating indigenous inequalities.

Indigenous groups hold special collective native title rights in limited areas of the country and federal and state laws enable indigenous groups to claim unused government land. Indigenous ownership of land was predominantly in nonurban areas. Indigenous-owned or -controlled land constituted approximately 20 percent of the country’s area (excluding native title lands) and nearly 50 percent of the land in the Northern Territory. The National Native Title Tribunal resolves conflicts over native land title applications through mediation and acts as an arbitrator in cases where the parties cannot reach agreement about proposed mining or other development of land. Native title rights do not extend to mineral or petroleum resources, and in cases where leaseholder rights and native title rights conflict, leaseholder rights prevail but do not extinguish native title rights.

As part of the intervention to address child sexual abuse in Northern Territory indigenous communities (see section 6, Children), the national government administered indigenous communities directly. The strategy and a number of other programs provide funding for indigenous communities.

According to the Australia Bureau of Statistics, while indigenous peoples make up less than 3 percent of the total population, they constituted 27 percent of the full-time adult prison population. Nearly half of the imprisoned indigenous persons were serving sentences for violent offenses. Figures from parliament note that indigenous youth were significantly overrepresented in the criminal justice system. The data indicates that 68 percent of detained juveniles were from an indigenous background. It was more likely that an indigenous juvenile would be incarcerated than at any other point since 1991, when the Royal Commission into Aboriginal Deaths in Custody report was released. An Australian Law Reform Commission study released in March 2018 found that the justice system contributed to entrenching inequalities by not providing enough sentencing options or diversion programs for indigenous offenders.

The HRC has an Aboriginal and Torres Strait Islander social justice commissioner.

No laws criminalize consensual same-sex sexual conduct between adults. Discrimination based on sexual orientation and gender identity is prohibited by law in a wide range of areas, including employment, housing, family law, taxes, child support, immigration, pensions, care of elderly persons, and social security.

The law provides protections against discrimination based on sexual orientation, gender identity, and sex characteristics.

In 2017-18, the HRC received 87 complaints of discrimination based on sexual orientation and 30 based on gender identity.

Bangladesh

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

Rape and Domestic Violence: The law prohibits rape of a female by a male and physical spousal abuse, but the law excludes marital rape if the female is older than 13. Rape can be punished by life imprisonment or the death penalty.

Credible human rights organizations agreed the first half of the year saw an alarming increase in rape cases, with ASK, the Human Rights Support Society, and the Bangladesh Mahila Parishad (BMP) estimating 630-738 women raped between January and June, figures higher than the same timeframe of the previous year. In comparison, the BMP reported a total of 942 women were raped in all of 2018.

There were reports of sexual violence with impunity. In August authorities in Khulna removed two policemen, including the officer in charge (OC) of Khulna Government Railway police station, for dereliction of duty following reports police had detained and gang-raped a woman. According to the woman’s family, she was detained inside a train by Railway Police in Khulna’s Phultala Railway Station and then taken to a police residential building. There, according to her family, she was raped by the OC and four other policemen. When the victim’s family learned of her detention, they went to the police station, where police demanded 1.5 lakh BDT ($1,800) for her release, alleging first she had stolen a mobile phone, and later alleging drug possession. Following public criticism, police filed a case against the OC under the Torture and Custodial Death (Prevention) Act.

According to human rights monitors, many victims did not report rapes due to lack of access to legal services, social stigma, fear of further harassment, and the legal requirement to produce witnesses. The burden is on the rape victim to prove, using medical evidence, a rape occurred.

In April 2018 the High Court released a 16-point guideline on the handling of rape cases by law enforcement personnel and other parties to the matter. The guidelines came in response to a 2015 writ petition following complaints of delays in recording rape cases. According to the guidelines, the OC of a police station must record any information relating to rape or sexual assault irrespective of the place of occurrence. Chemical and DNA tests are required to be conducted within 48 hours from when the incident was reported. The High Court guidelines also stipulated every police station must have a female police officer available to victims of rape or sexual assault during the recording of the case by the duty officer. The statements of the victim are required to be recorded in the presence of a lawyer, social worker, protection officer, or any other individual the victim deems appropriate. Victims with disabilities should be provided with government-supported interpretation services, if necessary, and the investigating officer along with a female police officer should escort the victim to a timely medical examination.

Other Harmful Traditional Practices: Some media and NGOs reported violence against women related to disputes over dowries, despite recent legal changes prohibiting dowry demands. Apparently to stop abuse of the 1980 Dowry Prohibition Act, parliament adopted the Dowry Prohibition Act of 2018, which imposes a maximum five years’ imprisonment, a fine of 50,000 BDT, ($590), or both for demanding or giving dowry.

On September 11, Shova Rajmoni Hosna died following a series of dowry-related beatings from her husband. Hosna, the daughter of a political leader, and her family claimed her husband beat her regularly to demand dowry. While her body bore multiple injury marks, the doctors ruled her case a suicide, a finding human rights advocates sharply questioned. Her husband was arrested in connection with her death.

A Supreme Court Appellate Division ruling allows the use of fatwas (religious edicts) only to settle religious matters; fatwas may not be invoked to justify punishment, nor may they supersede secular law. Islamic tradition dictates only those religious scholars with expertise in Islamic law may declare a fatwa. Despite these restrictions, village religious leaders sometimes made such declarations. The declarations resulted in extrajudicial punishments, often against women, for perceived moral transgressions.

Incidents of vigilantism against women occurred, sometimes led by religious leaders enforcing fatwas. The incidents included whipping, beating, and other forms of physical violence.

Assailants threw acid in the faces of victims, usually women, leaving them disfigured and often blind. Acid attacks were frequently related to a woman’s refusal to accept a marriage proposal or were related to land disputes.

Sexual Harassment: Although sexual harassment is prohibited by a 2009 High Court guideline, harassment, also known as “Eve teasing,” was common according to multiple NGOs.

On March 27, Nusrat Jahan Rafi accused her madrassah (Islamic school) principal of touching her inappropriately when he summoned her to his office. Accompanied by her family, she went to the police station to file a sexual harassment complaint. The officer in charge filmed the interview and shared it broadly online. Police then arrested the principal. According to a police report, while in detention, the principal ordered students loyal to him to intimidate Nusrat’s family to withdraw charges against him, and if unsuccessful, to kill Nusrat. On April 6, according to Nusrat’s statement, she was lured to a building rooftop where male students disguised in burqas again pressured her to withdraw the case. When she refused, they gagged and bound her, doused her with kerosene, and set her on fire. During her ride to the hospital, fearing she would not survive, Nusrat recorded a statement of the events on her brother’s mobile phone and identified her attackers as students in the madrassah. On April 10, Nusrat died from her injuries. Following her death, authorities charged 16 persons, including the madrassah principal, in connection with her death. On October 24, the Feni Women and Children Repression Prevention Tribunal sentenced the 16 individuals to death. A leading human rights activist welcomed the verdict but said the judgment was a “blanket” judgment and suggested the tribunal should have sentenced the perpetrators individually based on the severity of their involvement.

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

Discrimination: The constitution declares all citizens equal before the law with entitlement to equal protection of the law. It also explicitly recognizes the equal rights of women to those of men “in all spheres of the state and of public life.” According to human rights NGOs, the government did not always enforce the constitution or the laws pertaining to gender equality effectively. Women do not enjoy the same legal status and rights as men in family, property, and inheritance law. Under traditional Islamic inheritance law, daughters inherit only half of what sons do. Under Hindu inheritance law, a widow’s rights to her deceased husband’s property are limited to her lifetime and revert to the male heirs upon her death.

Birth Registration: Individuals are born citizens if their parents were Bangladeshi citizens, if the nationality of the parents is unknown and the child is born in Bangladeshi territory, or if their fathers or grandfathers were born in the territories now part of the country. The government suspended birth registrations for Rohingya refugees born in Cox’s Bazar. If a person qualifies for citizenship through ancestry, the father or grandfather must have been a permanent resident of these territories in or after 1971. Birth registration is required to obtain a national identity card or passport.

Education: Education is free and compulsory through eighth grade by law, and the government offered subsidies to parents to keep girls in class through 10th grade. Teacher fees, books, and uniforms remained prohibitively costly for many families, despite free classes, and the government distributed hundreds of millions of free textbooks to increase access to education. Enrollments in primary schools showed gender parity, but completion rates fell in secondary school, with more boys than girls completing that level. Early and forced marriage was a factor in girls’ attrition from secondary school.

Child Abuse: Many forms of child abuse, including sexual abuse, physical and humiliating punishment, child abandonment, kidnapping, and trafficking, continued to be serious and widespread. Children were vulnerable to abuse in all settings: home, community, school, residential institutions, and the workplace. The law prohibits child abuse and neglect with a penalty of up to five years, a fine of one lakh BDT ($1,180), or both. According to Bangladesh Shishu Adhikar Forum (BSAF), the law was not fully implemented, and juvenile cases–like many other criminal cases–often lagged in the judicial system. In 2016 the government, with support from UNICEF, launched “Child Helpline–1098,” a free telephone service designed to help children facing violence, abuse, and exploitation. The Department of Social Services, under the Ministry of Social Welfare, operated the hotline, which received approximately 80,000 calls a year on average and was accessible from anywhere in the country. The hotline center provided services such as rescue, referral, and counseling.

In July, BSAF published a report estimating nearly 500 instances of child rape in the first half of the year, an increase of 41 percent compared with 2018. The report said children as young as two were among the rape victims and cited a failure of the law and order situation in the country as reason for the increase in child rape.

During the year former students detailed multiple allegations of sex abuse at the hands of teachers and older pupils in Islamic madrassahs. According to AFP, in July at least five madrassah teachers were arrested on rape charges against boys and girls under their care. In one instance, senior students were held for the rape and beheading of an 11-year-old orphan. BSAF commented these crimes had not been reported previously due to the sensitivity of the subject but were “widespread and rampant.” Many smaller schools had few teachers and had no oversight from governing bodies.

Despite advances, including establishing a monitoring agency in the Ministry of Home Affairs, trafficking of children and inadequate care and protection for survivors of trafficking continued to be problems. Child labor and abuse at the workplace remained problems in certain industries, mostly in the informal sector, and child domestic workers were vulnerable to all forms of abuse at their informal workplaces.

Early and Forced Marriage: The legal age of marriage is 18 for women and 21 for men. A 2017 law includes a provision for marriages of women and men at any age in “special circumstances.” The government did not implement the recommendations raised by child rights organizations, human rights organizations, and development partners concerning this act. In 2017 the High Court ruled the government should explain why the provision allowing the marriage of a minor should not be declared illegal in response to a writ petition filed by Bangladesh National Women Lawyer Association. The association’s petition argued the Muslim Family Law describes marriage as a “contract,” and a minor could not be a party to a contract.

According to government data, 52 per cent of girls were victims of child marriage in 2011. UNICEF’s 2018 report estimated this figure at 59 per cent.

In an effort to reduce early and forced marriages, the government offered stipends for girls’ school expenses beyond the compulsory fifth-grade level. The government and NGOs conducted workshops and public events to teach parents the importance of their daughters waiting until age 18 before marrying.

Sexual Exploitation of Children: The penalty for sexual exploitation of children is 10 years’ to life imprisonment. Child pornography and the selling or distributing of such material is prohibited. In June the NGO Terre des Hommes-Netherlands released a report stating street children were the most vulnerable to sexual exploitation but had little legal redress due to a lack of social and financial support and a lengthy criminal justice system. The report said although the government took “necessary legal and institutional measures to combat commercial sexual exploitation, children face multiple challenges in accessing justice.” The report found 75 percent of female children living on Dhaka streets were at risk of sexual exploitation. Underage girls working in brothels were able to produce notarized certificates stating they were older than age 18, and some NGOs claimed that corrupt government and law enforcement officials condoned or facilitated these practices. In May human traffickers brought 23 teenage Rohingya girls from refugee camps to Dhaka (ref. 2.f.). Police speculated the girls were potential victims of forced prostitution.

Displaced Children: See section 2.d.

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

There was no Jewish community in the country, but politicians and imams reportedly used anti-Semitic statements to gain support from their constituencies.

Trafficking in Persons

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

The law provides for equal treatment and freedom from discrimination for persons with disabilities, and the government took measures to enforce these provisions more effectively. NGOs reported the government took cases of violence based on discrimination against disabled persons seriously, and official action was taken to investigate and punish those responsible for violence and abuses against those with disabilities.

Although the law requires physical structures be made accessible to those with disabilities, the government did not implement the law effectively. For example, government buildings had no accommodations for disabled individuals. The law calls for the establishment of local committees to expedite implementation of the law, but most committees had not been activated. In many cases local authorities were not aware of their responsibilities under this law. A report prepared by several NGOs in 2016 highlighted negligence in areas such as accessibility in physical structures; access to justice; rights of women with disabilities; freedom from exploitation, violence, and abuse; the right to education, health, and a decent work place; the right to employment; and political rights and representation.

The law requires persons with disabilities to register for identity cards to track their enrollment in educational institutions and access to jobs. This registration allows them to be included in voter lists, to cast votes, and to participate in elections. It states no person, organization, authority, or corporation shall discriminate against persons with disabilities and allows for fines or three years’ imprisonment for giving unequal treatment for school, work, or inheritance based on disability, although implementation of the law was uneven. The law also created a 27-member National Coordination Committee charged with coordinating relevant activities among all government organizations and private bodies to fulfill the objectives of the law. Implementation of the law was slow, delaying the formation and functioning of Disability Rights and Protection Committees required by the legislation.

According to the NGO Action against Disability, some children with disabilities did not attend public school due to lack of special accommodation, but data was not readily available. The government trained teachers about inclusive education and recruited disability specialists at the district level. The government also allocated stipends for students with disabilities.

The law affords persons with disabilities the same access to information rights as nondisabled persons, but family and community dynamics often influenced whether these rights were exercised.

The law identifies persons with disabilities as a priority group for government-sponsored legal services. The Ministry of Social Welfare, Department of Social Services, and National Foundation for the Development of the Disabled are the government agencies responsible for protecting the rights of persons with disabilities.

According to The Daily Star, in the 2019 budget money allocated towards the disabled was 0.31 of the total government budget. Allowances made up 85 percent of the total allocation, displacing other services and resource needs for the disabled. Disability rights organizations pointed out this allocation was not enough to cover the significant number of students with disabilities studying in different schools, colleges, and universities.

The government took official action to investigate those responsible for violence and abuses against persons with disabilities.

Government facilities for treating persons with mental disabilities were inadequate. The Ministry of Health established child development centers in all public medical colleges to assess neurological disabilities. Several private initiatives existed for medical and vocational rehabilitation as well as for employment of persons with disabilities. National and international NGOs provided services and advocated for persons with disabilities. The government established 103 disability information and service centers in all 64 districts, where local authorities provided free rehabilitation services and assistive devices. The government also promoted autism research and awareness. The government inaugurated an electronic system to disburse social welfare payments, including disability allowances.

Government inaction limited the rights of persons with disabilities to participate in civic life, including accessibility in elections.

There were no major attacks on religious minorities motivated by transnational violent extremism. There were, however, reports of attacks on Hindu and Buddhist property and temples for economic and political reasons. Police did not file charges against Muslim villagers accused of vandalizing and burning approximately 30 Hindu houses in Rangpur in 2017 in response to a rumored Facebook post demeaning Islam.

NGOs reported national origin, racial, and ethnic minorities faced discrimination. For example, some Dalits (lowest-caste Hindus) had restricted access to land, adequate housing, education, and employment.

The CHT indigenous community experienced widespread discrimination and abuse despite nationwide government quotas for participation of indigenous CHT residents in the civil service and higher education. These conditions also persisted despite provisions for local governance in the 1997 CHT Peace Accord, which had not been fully implemented–specifically the portions of the accord empowering a CHT-specific special administrative system composed of the three Hill District Councils and the Regional Council. Indigenous persons from the CHT were unable to participate effectively in decisions affecting their lands due to disagreements regarding land dispute resolution procedures under the Land Commission Act.

Indigenous communities in areas other than the CHT reported the loss of land to Bengali Muslims, and indigenous peoples’ advocacy groups reported deforestation to support Rohingya refugee camps caused severe environmental degradation in their land, adversely affecting their livelihoods. The government continued construction projects on land traditionally owned by indigenous communities in the Moulvibazar and Modhupur forest areas.

The central government retained authority over land use. The land commission, designed to investigate and return all illegally acquired land, did not resolve any disputes during the year. In July, three CHT villages filed a report with the deputy commissioner accusing Jashim Uddin Montu, a businessman, of land grabbing. In an investigative report, The Daily Star discovered Montu faked residency documents in Bandarban for the right to purchase CHT land in order to build a tourist property. Villagers said Montu donated money and some of the purchased land in CHT to build a two-story police camp in Bandarban.

The Chakma and Marma indigenous communities, organized under different political groups, engaged in intraindigenous community violence causing dozens of deaths. The factional clashes between and within United Peoples’ Democratic Forum (UPDF) and Parbatya Chattagram Jana Samhati Samiti resulted mostly from the desire to establish supremacy in particular geographic areas. Media reported many leaders of these factions were engaged in extortion and smuggling of money, drugs, and arms. Meanwhile, the deaths and violence remained unresolved. During the year NGOs warned intraparty violence in CHT had sharply risen.

In April, UPDF leader and indigenous rights activist Michael Chakma disappeared after he left his house for an organizational event. Human rights groups and activists pressed the government to investigate his disappearance and claimed Chakma’s criticisms of government activities played a direct factor in his disappearance. No investigation had begun at year’s end. Many observers compared this case with the 1996 disappearance of Kalpana Chakma, another indigenous rights activist and dissident. Despite 39 officers investigating the 1996 case, police in 2018 said they found only “initial proof” of her abduction, while admitting an overall failure to identify the culprit, and concluded the chances of recovering Kalpana Chakma remained unlikely.

Reports of sexual assaults that occurred in 2018 on indigenous women and children by Bengali neighbors or security personnel remain unresolved. In January 2018 security personnel allegedly raped an 18-year-old Marma girl and sexually assaulted her 13-year-old sister during a raid on the village of Orachhari in Rangamati. The accused officials publicly denied any incidence of rape but administratively confined the personnel member accused of the rape to battalion headquarters. Police filed a report on insistence from civil society but prevented media and NGO personnel from talking to the victims.

Members of LGBTI communities received threatening messages via telephone, text, and social media, and some were harassed by police.

The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. LGBTI groups reported official discrimination in employment and occupation, housing, and access to government services.

Organizations specifically assisting lesbians continued to be rare. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject.

The government took positive steps to increase LGBTI inclusion. In January the government announced hijra (third gender) candidates who identify as women were eligible for national parliamentary election, and in April the government included hijra as a separate sex category on the national voters list. On October 14, the country elected the first transgender woman into local office: Sadia Akhter Pinky was elected vice chairman of the Kotchandpur subdistrict in Jhenaidah, a neighborhood near Khulna.

In July police pressed charges against eight members of Ansar al-Islam, a banned militant group, for the 2016 death of Xulhaz Mannan, a LGBTI human rights activist, and Mahbub Rabbi Tonoy.

Social stigma against HIV and AIDS and against higher-risk populations could be a barrier for accessing health services, especially for the transgender community and men who have sex with men.

Vigilante killings occurred. From July to September, mob violence erupted over false social media rumors of children being kidnapped and sacrificed as offerings for the construction of the Padma Bridge. Odhikar estimated at least 20 individuals were killed by mob violence between July and September. On July 20, housewife Taslima Begum was publicly lynched after a mob wrongly suspected her of child abduction. The issuance of illegal fatwas and village arbitration, which a prominent local NGO defined as rulings given by community leaders rather than religious scholars, also occurred.

Botswana

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

Rape and Domestic Violence: The law criminalizes rape but does not recognize spousal rape as a crime. Authorities effectively enforced laws against rape when victims pressed charges, although police noted victims often declined to press charges against perpetrators. By law the minimum sentence for conviction of rape is 10 years’ imprisonment, increasing to 15 years with corporal punishment if the offender was unaware of being HIV-positive, and 20 years with corporal punishment if the offender was aware of being HIV-positive. By law formal courts try all rape cases. A person convicted of rape is required to undergo an HIV test before sentencing.

The law prohibits domestic and other violence, whether against women or men, but it remained a serious problem. Although statistics were unavailable, media widely reported on cases of violence against women, including several high-profile murder cases.

The government regularly referred victims of gender-based violence to a local NGO that ran shelters for women.

Sexual Harassment: The law prohibits sexual harassment in both the private and public sectors. Sexual harassment committed by a public officer is considered misconduct and punishable by termination, potentially with forfeiture of all retirement benefits, suspension with loss of pay and benefits for up to three months, reduction in rank or pay, deferment or stoppage of a pay raise, or reprimand. Nonetheless, sexual harassment, particularly by men in positions of authority, including teachers, was widespread.

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

Discrimination: Under the constitution, women and men have the same civil rights and legal status. Under customary law based on tribal practice, however, a number of traditional laws restricted women’s property rights and economic opportunities, particularly in rural areas. Women increasingly exercised the right to marriage “out of common property,” in which they retained their full legal rights as adults. Although labor law prohibits discrimination based on gender and the government generally enforced the law effectively, there is no legal requirement for women to receive equal pay for equal work.

Birth Registration: In general, citizenship is derived from one’s parents, although there are limited circumstances in which citizenship may be derived from birth within the country’s territory. The government generally registered births promptly. Unregistered children may be denied some government services.

Education: Primary education was tuition free for the first 10 years of school but is not compulsory. Parents must cover school fees as well as the cost of uniforms and books. These costs could be waived for children whose family income fell below a certain level.

Child Abuse: The law penalizes neglect and mistreatment of children. There was reported widespread abuse of children. For example, according to staff at Tsabong hospital, sexually abused children represented the third highest reason for patient intake, although only a fraction of victims sought treatment. Staff stated that in many cases, sexual predators, rather than family members, assault children left unaccompanied during the day. Child abuse was reported to police in cases of physical harm to a child. Police referred the children and, depending on the level of abuse, their alleged abuser(s) to counseling in the Department of Social Services within the Ministry of Local Government and Rural Development as well as to local NGOs. Police referred some cases to the Attorney General’s Office for prosecution.

Early and Forced Marriage: Child marriage occurred infrequently and was largely limited to certain tribes. The government does not recognize marriages that occur when either party is under the minimum legal age of 18.

Sexual Exploitation of Children: The law prohibits the prostitution and sexual abuse of children. Conviction of sex with a child younger than 16, including a prostituted child, constitutes defilement and is punishable by a minimum of 10 years’ incarceration. In April parliament amended the penal code, raising the age of consent from 16 to 18. The penalty for conviction of not reporting incidents of child sexual exploitation ranges from 10,000 to 30,000 pula ($940 to $2,810), imprisonment for no less than two years but no greater than three years, or both. Perpetrators who engage in sexual exploitation of children are punished, if convicted, with a fine of no less than 30,000 pula ($2,810) but no greater than 50,000 pula ($4,680), imprisonment for no less than five years but no greater than 15 years, or both. The law further requires the government to develop programs to prevent the sexual exploitation of children.

Child pornography is a criminal offense punishable, if convicted, by five to 15 years’ imprisonment.

Displaced Children: There were small communities of “squatters’ camps” where homeless families lived in makeshift shelters without regular access to water or sanitation. In some cases children were unregistered and did not attend school. According to an international organization, 61,649 orphans and vulnerable children received government support between April and September 2018. Once registered as an orphan, a child receives school uniforms, shelter, a monthly food basket, and counseling as needed.

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

There was a very small Jewish population, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

The law prohibits discrimination against persons with disabilities, but it does not prohibit discrimination by private persons or entities. The government’s policy provides for integrating the needs of persons with disabilities into all aspects of policymaking. It mandates access to public buildings or transportation for persons with disabilities, but access for persons with disabilities was limited. Although government buildings were being constructed in such a way as to provide access for persons with disabilities, older government office buildings remained largely inaccessible. Most new privately owned commercial and apartment buildings provided access for persons with disabilities.

Violence against persons with disabilities was not common and authorities punished those who committed violence or abuses against persons with disabilities.

Children with disabilities attended school, although in 2017 a human rights NGO raised concern the Children’s Act does not stipulate accessible education for children with disabilities. In August 2018 the UN special rapporteur on minority issues observed that most teachers were not trained in sign language or in teaching methods adapted to the educational needs of deaf persons. The special rapporteur also noted that the absence of sign language interpreters in the health-care sector inhibited the dissemination of information. The government made some accommodations during elections to allow for persons with disabilities to vote, including providing ballots in braille.

There is a Department of Disability Coordination in the Office of the President to assist persons with disabilities. The Department of Labor in the Ministry of Employment, Labor Productivity, and Skills Development is responsible for protecting the rights of persons with disabilities in the labor force and investigating claims of discrimination. Individuals may also submit cases directly to the Industrial Court. The government funded NGOs that provided rehabilitation services and supported small-scale projects for workers with disabilities.

The government does not recognize any particular group or tribe as indigenous. The eight tribes of the Tswana group, which speak mutually intelligible dialects of Setswana, have been politically dominant since independence, are officially recognized by law, and were granted permanent membership in the House of Chiefs. Constitutional amendments subsequently enabled the recognition of tribes from other groups.

English and Setswana are the only officially recognized languages, a policy human rights organizations and minority tribes criticized, particularly with regard to education, as the policy forced some children to learn in a nonnative language. In August 2018 the UN special rapporteur on minority issues noted the lack of mother tongue education or incorporation of minority languages into the school curriculum may constitute discrimination and encouraged the government to review its language policy with regard to education. In September 2018 the minister of basic education stated that the government was considering introducing interpreters in primary schools to assist students who spoke languages other than Setswana.

An estimated 50,000 to 60,000 persons belong to one of the many scattered, diverse tribal groups known collectively as Basarwa or San. The Basarwa constituted approximately 3 percent of the population and are culturally and linguistically distinct from most other residents. The law prohibits discrimination against the Basarwa in employment, housing, health services, or because of cultural practices. The Basarwa, however, remained marginalized economically and politically and generally did not have access to their traditional land. The Basarwa continued to be geographically isolated, had limited access to education, lacked adequate political representation, and some members were not fully aware of their civil rights.

The government interpreted a 2006 High Court ruling against the exclusion of Basarwa from traditional lands in the Central Kalahari Game Reserve (CKGR) to apply only to the 189 plaintiffs, their spouses, and their minor children. Many of the Basarwa and their supporters continued to object to the government’s interpretation of the court’s ruling.

Government officials maintained the resettlement programs for Basarwa were voluntary and necessary to facilitate the delivery of public services, provide socioeconomic development opportunities to the Basarwa, and minimize human impact on wildlife. In 2012 the UN Permanent Forum on Indigenous Issues approved a set of nine draft recommendations addressing the impact of land seizures and disenfranchisement of indigenous persons. In 2013 attorneys for the Basarwa filed a High Court case in which the original complainants from the 2006 CKGR case appealed to the government for unrestricted access (i.e., without permits) to the CKGR for their children and relatives. There has been no ruling in the case to date.

No government programs directly address discrimination against the Basarwa. With the exception of CKGR lands designated in the 2006 court ruling, there were no demarcated cultural lands.

In previous years the government charged Basarwa with unlawful possession of hunted wildlife carcasses. Five Basarwa filed a lawsuit against the minister of environment, natural resource conservation, and tourism regarding the national hunting ban, implemented in 2014. In May the government lifted the ban on wildlife hunting.

The law does not explicitly criminalize lesbian, gay, bisexual, transgender, or intersex (LGBTI) status or conduct, but it includes language that has been interpreted as criminalizing some aspects of same-sex sexual activity between consenting adults. The law criminalizes “unnatural acts,” with a penalty if convicted of up to seven years’ imprisonment. There was widespread belief this was directed against LGBTI persons. On June 11, the High Court of Botswana decriminalized consensual same-sex sexual conduct in the country, finding penal code sections criminalizing adult consensual same-sex sexual activity unconstitutional. The ruling party welcomed the decision. The government, however, has since appealed the judgment.

There were no reports police targeted persons suspected of same-sex sexual activity. There were incidents of violence, societal harassment, and discrimination based on sexual orientation or gender identity. There were no reported cases of authorities investigating abuses against LGBTI, however. The victims of such incidents seldom filed police reports, primarily due to stigma but occasionally as a result of overt official intimidation.

In 2017 the High Court ruled in favor of a transgender man who sued the Registrar of National Registration to change from a woman to a man the gender indicated on his government-issued identity document. In a separate case in 2017, the Gaborone High Court ordered the registrar of births and deaths to amend the gender marker on a transgender applicant’s birth certificate from male to female within seven days and to reissue the applicant’s national identity document within 21 days.

A major international LGBTI conference and public meetings of LGBTI advocacy groups and debates on LGBTI issues occurred without disruption or interference. In 2016 the Court of Appeals upheld a 2014 High Court ruling ordering the government to register the NGO Lesbians, Gays, and Bisexuals of Botswana (LeGaBiBo) formally. LeGaBiBo has since participated in government-sponsored events. In October the minister of health and wellness posted on social media, seeking input on policy direction with the LGBTI community.

According to 2017 UNAIDS data, the HIV prevalence rate for adults who were 15 to 49 years of age, was approximately 23 percent. According to the UN Population Fund, limited access to sexual and reproductive health information and youth-friendly services, as well as gender-based violence, contributed to high HIV rates. The government funded community organizations that ran antidiscrimination and public awareness programs.

Brazil

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. In addition, the Maria da Penha Law criminalizes physical, psychological, and sexual violence against women, as well as defamation and damage to property or finances by someone with whom the victim has a marriage, family, or intimate relationship. Persons convicted of killing a woman or girl in cases of domestic violence may be sentenced to 12 to 30 years in prison.

According to NGOs and public security data, domestic violence was widespread. According to the 13th Public Safety Yearbook released annually by the Brazilian Public Security Forum, there were 66,000 cases of rape in 2018. In cases of femicide, the killer was a partner or former partner of the victim 89 percent of the time. On March 18, in the municipality of Santo Andre, located in the metropolitan area of Sao Paulo, Manoel Gomes de Oliveira ran over his wife, who was walking on the sidewalk, got out of his car, shot and killed her, and fled. Later that day police arrested him and charged him with femicide.

The federal government maintained a toll-free nationwide hotline for women to report instances of intimate partner violence. Hotline operators have the authority to mobilize military police units to respond to such reports and follow up regarding the status of the case.

NGO and public security representatives claimed that culturally, domestic violence was often viewed as a private matter. Oftentimes bystanders either did not report cases of violence or waited until it was too late. In February Vinicius Batista Serra, age 27, a law student and jiujitsu brown belt, assaulted Elaine Perez Caparroz, age 55. The incident occurred in Caparroz’s apartment in Rio de Janeiro. The two had met eight months earlier via social media, and the evening of the incident was the first time they met in person. Neighbors reportedly heard the assault but waited four hours before responding to Caparroz’s shouts for help and calling the police. The victim had a fractured nose and eye sockets and required almost 40 stitches. Serra was arrested for attempted femicide and as of October was in detention awaiting trial.

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

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

During the first half of the year, Congress introduced more than 150 bills related to domestic violence and other issues concerning gender equality. The record number of proposals sought to strengthen criminal penalties, prohibit convicted abusers from taking public office or carrying firearms, and criminalize conduct such as stalking and psychological violence. On October 9, President Bolsonaro approved a law that allows authorities to seize firearms registered to those accused of domestic violence.

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

Sexual harassment was also prevalent at public events such as concerts and during Carnival street festivals. The 2019 Carnival celebration was the first one in which sexual harassment was illegal, and police departments throughout the country distributed rape whistles and informed Carnival-goers of the women-only police stations and the sexual assault hotline.

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 all circumstances. The government did not enforce the law effectively. According to government statistics, women earned an average 79.5 percent of the wages earned by men. According to the Observatory on Workplace Equality, black women earned 55 percent of the wages earned by white men.

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

Child Abuse: The law prohibits child abuse and negligence, but enforcement was ineffective.

Early and Forced Marriage: The legal minimum age of marriage is 18 (16 with parental or legal representative consent). In March Congress passed a law prohibiting the marriage of minors younger than 16. Prior to the change in the law, minors younger than 16 could marry with the consent of their parents if they were pregnant or if they had an older sexual partner who was seeking to avoid criminal charges of statutory rape. The practice of early marriage was common. A study of child marriage in the northeastern states of Bahia and Maranhao found that pregnancy was the main motivation for child marriage in 15 of 44 cases. According to 2017 data from UNICEF, among the cohort of women between the ages of 20 and 24, 11 percent were married by age 15 and 36 percent by age 18.

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

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

The law criminalizes child pornography. The creation of child pornography carries a prison sentence of up to eight years and a fine. The penalty for possession of child pornography is up to four years in prison and a fine. On March 28, a nationwide operation involving more than 1,500 civil police resulted in the arrest of 141 individuals allegedly involved with child pornography. The Federal Police, in coordination with the Ministry of Justice and Public Security, conducted a series of operations to combat child pornography. On May 23, they executed 28 arrest warrants in eight states.

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

According to the Jewish Federation, there were approximately 120,000 Jewish citizens, of whom approximately 50,000 lived in the state of Sao Paulo and 30,000 in the state of Rio de Janeiro.

Several leaders of the Jewish and interfaith communities stated overt anti-Semitism was limited. Jewish leaders reported experiences of anti-Semitism but noted it was more political in nature and stemmed from anti-Zionist sentiment. Small neo-Nazi groups existed in the southern states of Rio Grande do Sul, Santa Catarina, and Parana.

On March 23, a court in Porto Alegre sentenced two male defendants to 13 years in prison and one defendant to 12 years and eight months with the possibility of parole for attempted homicide for their role in a 2005 attack on three men wearing kippahs. One of the defendants was already in prison, and the other two were released and were awaiting a decision by the court of appeals. While this was the most recent reported physical attack in the southern part of the country, neo-Nazi groups maintained an active online presence. Reports of neo-Nazi content from local sources on the internet increased by approximately 50 percent from 2017 to 2018.

Trafficking in Persons

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

The law prohibits discrimination against persons with physical and mental disabilities, and the federal government generally enforced these provisions. While federal and state laws mandate access to buildings for persons with disabilities, states did not enforce them effectively.

The Inclusion of Persons with Disabilities Act, a legal framework on the rights of persons with disabilities, seeks to promote greater accessibility through expanded federal oversight of the City Statute (a law intended to foster the safety and well-being of urban citizens, among other objectives). The act also includes harsher criminal penalties for conviction of discrimination based on disability and inclusive health services with provision of services near residences and rural areas.

The National Council for the Rights of Persons with Disabilities and the National Council for the Rights of the Elderly have primary responsibility for promoting the rights of persons with disabilities. The lack of accessible infrastructure and schools significantly limited the ability of persons with disabilities to participate in the workforce.

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

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

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

The 2010 Racial Equality Statute continued to be controversial, due to its provision for quota affirmative action policies in education and employment. In 2012 the Supreme Court upheld the constitutionality of racial quota systems at universities. The 2010 law requires 20 percent of federal public administration positions be filled by Afro-Brazilians.

The Ministry of Economy requires government ministries to create internal committees to validate the self-declared ethnicity claims of public-service job applicants by using phenotypic criteria, assessing “blackness” in an attempt to reduce abuse of affirmative action policy and related laws. Universities also had race evaluation committees.

In 2018 the Supreme Court ruled that 20 percent of vacancies for the military services must be filled by Afro-Brazilians, either men or women.

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

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

NGOs claimed that the lack of regulation along with impunity in cases of illegal land invasions resulted in illegal exploitation of natural resources. According to a report released by the NGO Indigenous Missionary Council (CIMI) in 2018, there were 109 cases of illegal invasions and exploitation of natural resources on 76 indigenous territories in 13 states. In September Human Rights Watch released a report specifically detailing illegal deforestation in the Amazon. The report concluded that illegal deforestation in the Brazilian Amazon region was driven largely by criminal networks that had the logistical capacity to coordinate large-scale extraction, processing, and sale of timber, while deploying armed men to protect their interests. The report documented 28 killings–most of them since 2015–in which evidence indicated the perpetrators were engaged in illegal deforestation and the victims were targeted because they opposed these criminal activities. Victims included environmental enforcement officials, members of indigenous communities, or others who denounced illegal logging to authorities.

Illegal land invasions often resulted in violence and even death. According to the CIMI report, there were 135 killings of indigenous persons in 2018, compared with 110 such cases in 2017. On September 6, Maxciel Pereira dos Santos, a veteran defender of indigenous peoples, was reportedly shot and killed in the remote Amazon town of Tabatinga while riding his motorcycle. Dos Santos worked at FUNAI and had defended indigenous tribes from miners, loggers, farmers, and others seeking to illegally seize land in the Amazon rainforest. As of October, police had not disclosed suspects or a motive, but press reports speculated that dos Santos’ killing was related to his work. On September 21, armed trespassers shot at the same FUNAI base where dos Santos worked; no one was injured.

According to FUNAI, the federal government established rules for providing financial compensation in cases of companies that won development contracts affecting indigenous lands. Illegal logging, drug trafficking, and mining, as well as changes in the environment caused by large infrastructure projects, forced indigenous tribes to move to new areas or make their demarcated indigenous territories smaller than established by law. Various indigenous groups protested the slow pace of land demarcations. In a case that lasted more than 30 years, in 2018 a court ordered the return of 20,000 acres of land to the Pankararu indigenous community in the municipalities of Tacaratu, Petrolandia, and Jatoba in the state of Pernambuco.

The Quilombola population–descendants of escaped African slaves–was estimated to include 6,000 communities and five million individuals, although the government had no official statistics. The constitution recognizes Quilombola land ownership rights.

In the case of Quilombola leader Nazildo dos Santos Brito, killed in Para State in 2018 following threats he had received after protesting alleged illegal deforestation and pollution, the Para state public prosecutor’s office charged farmer Jose Telmo Zani for paying local residents Marcos Vieira and Raimundo dos Santos to kill Brito. As of January, Zani and Vieira were being held in pretrial detention. Police issued an arrest warrant for dos Santos, who remained at large as of October.

In a landmark decision on June 13, the Supreme Court criminalized homophobia, defined as discrimination based on sexual orientation or gender identity. It is punishable with one to three years’ imprisonment and a fine, or two to five years’ imprisonment and a fine if there is widespread media coverage of the incident. Legislators criticized the move as judicial activism; however, judges countered that Congress’ failure to legislate on the issue was inexcusable and argued they were upholding a right already enumerated in the constitution.

NGOs cited lack of economic opportunity for LGBTI persons as a concern. According to the NGO Grupo Gay da Bahia, 33 percent of companies avoided hiring LGBTI employees and 90 percent of transgender women survived through prostitution because they could find no other employment alternative.

Violence against LGBTI individuals was also a serious concern. The Federal Public Ministry is responsible for registering reports of crimes committed on the basis of gender or sexual orientation but reportedly was slow to respond. As of May 15, there were 141 killings of LGBTI individuals in the year. Transgender individuals were particularly at risk of being the victims of crime or committing suicide. According to the NGO Grupo Gay da Bahia, the risk of a transgender person being killed was 17 times greater than a gay person. According to the National Association of Transvestites and Transsexuals in Brazil, in partnership with the Brazilian Institute of Trans Education, there were 163 killings of transgender persons in 2018. Police arrested suspects in only 9 percent of the cases.

In March Itamar Bernardo da Silva stabbed to death Iasmyn Souza and her transgender partner, Caio Dantas, in Angra dos Reis, in Rio de Janeiro State. Da Silva was a neighbor of the LGBTI couple and attacked the victims after trying to sexually assault Iasmyn, who rejected his advances. Police took da Silva into custody and charged him with double homicide. At the police station, da Silva was also found to have an outstanding arrest warrant for the murder of a woman in Araxa, Minas Gerais State.

Discrimination against persons with HIV/AIDS is punishable by up to four years in prison and a fine. Civil society organizations and the press reported discrimination against persons with HIV/AIDS.

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

In January Josiano Jonatas de Mello was beaten and burned alive by a group of 22 vigilantes in Porto Alegre. According to police, he was “tried and condemned” by a group of drug traffickers in the local community after being accused by his partner of sexually abusing their 12-year-old daughter. As of April police had arrested 16 persons. In Mello’s case the trial and execution were allegedly ordered by the neighborhood gang leader, alias “Godmother,” and her imprisoned husband.

Drug trafficking organizations and other groups also targeted practitioners of traditional Afro-Brazilian religions. In June the Municipal Forum of Afro-Brazilian Religions (FRAB) reported that drug traffickers driven by their religious views intimidated and threatened members and leaders of Afro-Brazilian religions in Campos dos Goytacazes, Rio de Janeiro State. According to FRAB, at least six Afro-Brazilian temples closed in the municipality of Guarus. FRAB also claimed criminals were constantly breaking into temples and preventing Afro-Brazilian religious practitioners from conducting their services at night, leading many to hold services only during daylight hours. Local newspapers reported that a fake Facebook page disseminated false information about Afro-Brazilian temples and believers in Campos dos Goytacazes, accusing them of allying with rival drug gangs, which, according to FRAB, contributed to an increase in the number of incidents of religious intolerance.

In July drug traffickers attacked a candomble (an Afro-Brazilian religious tradition) temple in Duque de Caxias, on the outskirts of Rio de Janeiro. Assailants broke into the temple and forced the religious leader, at gunpoint, to destroy all of the temple’s sacred objects. They also threatened to set fire to the temple if the practitioners did not stop holding religious services there.

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

Canada

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, as sexual assault, and the government enforced the law effectively. Penalties for sexual assault carry sentences of up to 10 years in prison, up to 14 years for sexual assault with a restricted or prohibited firearm, and between four years and life for aggravated sexual assault with a firearm or committed for the benefit of, at the direction of, or in association with, a criminal organization. Most victims of sexual assault were women.

The law provides protections against domestic violence for both men and women, although most victims were women. Although the criminal code does not define specific domestic violence offenses, assault, aggravated assault, intimidation, mischief, or sexual assault charges apply to acts of domestic violence. Persons convicted of assault receive up to five years in prison. Assaults involving weapons, threats, or injuries carry terms of up to 10 years. Aggravated assault or endangerment of life carry prison sentences of up to 14 years. The government enforced the law effectively.

On June 3, the government-commissioned National Inquiry into Missing and Murdered Indigenous Women and Girls released its final report. The volume concluded that the government’s treatment of indigenous people amounted to genocide, remained ongoing, and required immediate action. The report came after a nearly three-year inquiry into killed and missing indigenous women and girls, during which more than 1,500 families of victims and survivors testified at hearings across the country. The report stated the police and criminal justice system historically failed indigenous women by ignoring their concerns and viewing them “through a lens of pervasive racist and sexist stereotypes.” The report stated the violence against women and girls amounted “to a race-based genocide of Indigenous peoples, including First Nations, Inuit, and Metis.”

Approximately 1,180 indigenous women were killed or disappeared from 1980 to 2012, according to a 2014 RCMP report. Indigenous advocates and the report stated the number was probably far higher, since many deaths had gone unreported. Indigenous women and girls make up an estimated 4 percent of the country’s women, but represented 16 percent of the women killed, according to government statistics.

Prime Minister Justin Trudeau stated his government accepted the inquiry’s findings, “including that what happened amounts to genocide.”

Police received training in treating victims of domestic violence, and agencies provided hotlines to report abuse. In May the public safety minister condemned the conduct of an RCMP officer who, in a recently released video from 2012, asked a young woman who reported she had been sexually assaulted whether she was “turned on” during the alleged attack.

The government’s Family Violence Initiative involved 15 federal departments, agencies, and crown corporations, including Status of Women Canada, Health Canada, and Justice Canada. These entities worked with civil society organizations to eliminate violence against women and advance women’s human rights. The government continued a national strategy to prevent and address gender-based violence, budgeting C$101 million ($77.8 million) over five years to create a center of excellence within Status of Women Canada for research, data collection, and programming. The 2018 federal budget allocated an additional C$86 million ($66 million) over five years, starting in 2018-2019, and C$20 million ($15.4 million) per year thereafter, to expand the strategy with a focus on preventing teen-dating violence, bullying, and cyberbullying; health care for victims; investigative policing; police training; research; funding for rape crisis and sexual assault centers; and programs to prevent gender-based violence in postsecondary educational institutions. Provincial and municipal governments also sought to address violence against women, often in partnership with civil society.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls and prosecutes the offense, including parents of minors, as aggravated assault with a maximum penalty of 14 years’ imprisonment. FGM/C occurred on occasion, predominantly in diaspora communities. While internal government reports asserted that FGM/C practitioners and victims often travelled to the country from which they immigrated for the illegal procedure, officials also sought to prevent the entry of FGM/C practitioners into Canada.

Sexual Harassment: The law offers protections from sexual harassment at the workplace but does not articulate a specific offense of “sexual harassment” outside of work; instead it criminalizes harassment (defined as stalking), punishable by up to 10 years’ imprisonment, and sexual assault, with penalties ranging from 10 years for nonaggravated sexual assault to life imprisonment for aggravated sexual assault. Federal, provincial, and territorial human rights commissions have responsibility for investigating and resolving harassment complaints. Employers, companies, unions, educational facilities, professional bodies, and other institutions had internal policies against sexual harassment, and federal and provincial governments provided public education and advice.

Coercion in Population Control: In December 2018 the Ministries of Indigenous Services and Health sent a letter to provincial and territorial ministers as well as to members of the medical community expressing concern over reports from indigenous women that they were involuntarily sterilized after giving birth. More than 100 women reported they had been sterilized without their proper and informed consent. At least 60 women joined a class action litigation against the province of Saskatchewan for their coerced sterilization between 1972 and 2017; the case was pending as of October.

The most recent allegation from a woman claiming that she was sterilized without proper and informed consent occurred in December 2018 at a hospital in Moose Jaw, Saskatchewan. In April the Saskatchewan Health Authority confirmed it was investigating the complaint.

In January the Inter-American Commission on Human Rights issued a press release on coerced sterilization of indigenous women and girls that called on the government to take specific measures, including investigating the allegations, collecting data on sterilizations, holding accountable those responsible, criminalizing coerced sterilization, and ensuring reparations for victims.

Discrimination: Women have the same legal status and rights in the judicial system as men, and the government enforced these rights effectively.

Federal securities regulations require publicly listed companies to report annually on their gender diversity policies for boards. A Toronto-Dominion Bank study in March found women accounted for 24 percent of directors on corporate boards of the 243 members of the S&P/TSX Composite Index as of 2018, up from 13 percent in 2014. Separately, seven provinces and two territories require private-sector companies to report annually on their efforts to increase the number of women appointed to executive corporate boards. The government’s statistical agency reported that hourly wages for women were, on average, lower than for men but that the wage gap had narrowed to 87 cents for women for every dollar earned by men, except at the top of corporate structures. Of approximately 1,200 named corporate officers of public companies, women earned 68 cents for every dollar earned by men.

Indigenous women living on reservations (where land is held communally) have matrimonial property rights. First Nations may choose to follow federal law or enact their own rules related to matrimonial real property rights and interests that respect their customs.

Birth Registration: Citizenship is derived both by birth within the country’s territory and from one’s parents. Births are registered immediately and are not denied or not provided on a discriminatory basis. There were no reports of the government denying public services, such as education or health care, to those who failed to register.

Child Abuse: The law criminalizes violence and abuse against children, including assault, sexual exploitation, child pornography, abandonment, emotional maltreatment, and neglect. Provincial and territorial child welfare services investigate cases of suspected child abuse and may provide counseling and other support services to families, or place children in child welfare care, when warranted.

Early and Forced Marriage: The law establishes 16 years as the legal minimum age of marriage. Early marriages were not known to be a major problem.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, and offering or procuring a child for child prostitution and practices related to child pornography. Authorities enforced the law effectively. The minimum age of consensual sex is 16 years. Persons convicted of living from the proceeds of the prostitution of a child younger than age 18 face between two and 14 years’ imprisonment. Persons who aid, counsel, compel, use, or threaten to use violence, intimidation, or coercion in relation to a child younger than 18 engaging in prostitution face between five and 14 years’ imprisonment. Persons who solicit or obtain the sexual services of a child younger than 18 face between six months’ and five years’ imprisonment. Children, principally teenage girls, were exploited in sex trafficking.

The law prohibits accessing, producing, distributing, and possessing child pornography. Maximum penalties range from 18 months’ imprisonment for summary offenses to 10 years’ imprisonment for indictable offenses. In August the minister of public safety called the problem of child pornography “serious,” with an increase of 288 per cent from 2010 to 2017 in police-reported incidents of child pornography. The number had increased from five cases per 100,000 in the population in 2010 to 18 per 100,000 in 2017.

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

Approximately 1 percent of the population is Jewish.

The B’nai Brith Canada League for Human Rights received 2,041 reports of anti-Semitic incidents in 2018, a 16-percent increase from 2017. There were 1,809 incidents of anti-Semitic harassment in 2018, up 28 percent from 2017. Quebec, for the first time, had the greatest number of anti-Semitic incidents: 709 of 2,041 total occurrences in the country, despite Ontario having the largest Jewish and largest population overall.

On June 25, the government announced its new antiracism strategy, in which it adopted the International Holocaust Remembrance Alliance’s definition of anti-Semitism.

On July 28, a Jewish man was allegedly assaulted by a taxi driver in Montreal and subjected to anti-Semitic slurs. The driver then allegedly threatened to kill the victim, who was visibly identifiable as a Jew because he wore a kippah, or Jewish head covering. The taxi company subsequently fired the driver, and Montreal police opened a hate-crime investigation.

Trafficking in Persons

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

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, transportation, the judicial system, and other state services. Federal and provincial governments effectively implemented laws and programs mandating access to buildings, information, and communications for persons with disabilities, but regulation varies by jurisdiction. The federal Accessible Canada Act became law in June to “identify, remove, and prevent” accessibility barriers in areas that fall under federal jurisdiction.

Disability rights nongovernmental organizations (NGOs) reported that persons with disabilities experienced higher rates of unemployment and underemployment, lower rates of job retention, and higher rates of poverty and economic marginalization than the broader population. Mental-disability advocates asserted the prison system was not sufficiently equipped or staffed to provide the care necessary for those in the criminal justice system, resulting in cases of segregation and self-harm. In March the Ontario Superior Court ordered Correctional Service Canada to pay millions in damages based on a class action lawsuit brought by more than 2,000 inmates with mental disabilities who were placed in solitary confinement. The court found the prison system violated the inmates’ constitutional rights by doing so.

In January the Supreme Court determined that persons with disabilities who are beneficiaries of discretionary trust accounts that they do not control should not have those assets taken into account when determining their eligibility for need-based social programs, including subsidized public housing and other benefits.

The law prohibits discrimination because of race. Federal, provincial, and territorial human rights commissions investigated complaints and raised public awareness. The federal Canadian Race Relations Foundation coordinates and facilitates public education and research and develops recommendations to eliminate racism and promote harmonious race relations.

According to the government’s statistical agency, 2,073 incidents were reported to police in 2018 that were motivated by hate, an increase of 47 percent over the previous year. The increase was largely attributable to an increase in police-reported complaints motivated by hatred of a religion or of a race or ethnicity. Hate crimes targeting the black population represented 16 percent of incidents.

In March the Nova Scotia Human Rights Commission released an independent report indicating black persons in Halifax were six times more likely to be street checked than white residents. (Street checks allow police officers to document information about a person they believe could be of significance to a future investigation, and they record details such as ethnicity, gender, age, and location.) In April, in response to the report, the Nova Scotia government ordered a moratorium on the practice while the government worked toward regulating the practice.

In June the federal government announced an antiracism strategy to fight systemic discrimination through community programs, public education campaigns, and combating online hate.

During the federal election campaign in October, a man in Montreal told the leader of the federal New Democratic Party Jagmeet Singh that he would “look like a Canadian” if he removed his turban.

Indigenous peoples constituted approximately 5 percent of the national population and much higher percentages in the country’s three territories: Yukon, 23 percent; Northwest Territories, 52 percent; and Nunavut, 86 percent. Disputes over land claims, self-government, treaty rights, taxation, duty-free imports, fishing and hunting rights, and alleged police harassment were sources of tension. Indigenous peoples remained underrepresented in the workforce, leadership positions, and politics; overrepresented on welfare rolls and in prison populations; and more susceptible than other groups to suicide, poverty, chronic health conditions, and sexual violence. According to the government’s statistical agency, the overall violent victimization rate (which includes sexual assault, assault, and robbery) for indigenous persons in 2014 was 163 incidents per 1,000 persons, more than double the rate of 74 incidents per 1,000 among nonindigenous persons.

On June 3, the National Inquiry into Missing and Murdered Indigenous Women and Girls released its final report (see Women above).

The law recognizes individuals registered under the Indian Act based on indigenous lineage and members of a recognized First Nation as Status Indians and thereby eligible for a range of federal services and programs. Status and services are withheld from unregistered or nonstatus indigenous persons who do not meet eligibility criteria for official recognition or who may have lost status through marriage to a nonindigenous person or other disenfranchisement. In 2016, according to the government’s statistical agency, 52 percent of children in foster care were indigenous, although indigenous children accounted for less than 8 percent of the child population. Approximately 14,970 of 28,665 foster children in private homes younger than age 15 were indigenous. In June a new law affirmed and recognized First Nations jurisdiction over child and family services with the goal of keeping indigenous children and youth connected to their families, communities, and culture.

In July the Assembly of First Nations, the country’s largest indigenous advocacy group, reported a study that found 47 percent of First Nations children lived in poverty, rising to 53 percent of First Nations children living on reservations.

The law recognizes and specifically protects indigenous rights, including rights established by historical land claims settlements. Treaties with indigenous groups form the basis for the government’s policies in the eastern part of the country, but there were legal challenges to the government’s interpretation and implementation of treaty rights. Indigenous groups in the western part of the country that had never signed treaties continued to claim land and resources, and many continued to seek legal resolution of outstanding issues. As a result, the evolution of the government’s policy toward indigenous rights, particularly land claims, depended on negotiation or legal challenges.

The law imposes statutory, contractual, and common-law obligations to consult with indigenous peoples on the development and exploitation of natural resources on land covered by treaty or subject to land claims by First Nations. According to a Supreme Court ruling, the federal government has the constitutional duty to consult and, where appropriate, accommodate indigenous peoples when the government contemplates actions that may adversely affect potential or established indigenous and treaty rights.

The Supreme Court has affirmed that indigenous title extends to territory used by indigenous peoples for hunting, fishing, and other activities prior to contact with Europeans, as well as to settlement sites. Provincial and federal governments may develop natural resources on land subject to indigenous title but are obliged to obtain consent of the indigenous titleholders in addition to existing constitutional duties to consult, and where necessary, accommodate indigenous peoples in matters that affect their rights. If governments cannot obtain consent, they may proceed with resource development only based on a “compelling and substantial objective” in the public interest, in which the public interest is proportionate to any adverse effect on indigenous interests. The court has established that indigenous titles are collective in nature.

First Nations, Inuit, and Metis former students of federal and provincial government-funded day schools filed a national class-action lawsuit in 2018 for alleged physical, sexual, and psychological abuse and loss of culture and language, which they claimed they suffered in church-run schools they were legally compelled to attend from 1920. In May the crown-indigenous relations minister announced a proposed class-action settlement with students who suffered harm while attending the schools, offering C$10,000 ($7,700) in individual compensation. Those students who experienced physical and sexual abuse are eligible for additional compensation, ranging from C$50,000 ($38,500) to C$200,000 ($154,000). A court approved the settlement in August.

Contaminated drinking water was a problem in many indigenous communities. The 2018 budget provided C$172.6 million ($133 million) over three years for infrastructure projects to support high-risk water systems. The government committed to end all drinking water advisories on indigenous lands by March 2021.

In October the premier of Quebec made an official apology to First Nations and Inuit people for historic discrimination against them by the Quebec government. The premier said Quebec had “failed in its duty” toward them and sought their forgiveness. The apology was a first step in fulfilling the recommendations of a provincially commissioned judicial inquiry that reported in September that indigenous persons were the victims of “systemic discrimination” in the province. The inquiry was called following reports of police abuse and discrimination against indigenous people.

The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex persons in housing, employment, nationality laws, and access to government services, including health care, and the government enforced the law. The law prohibits discrimination based on sexual orientation, gender identity, and gender expression, and the criminal code provides penalties for crimes motivated by bias, prejudice, or hate based on personal characteristics, including sexual orientation. The federal government directed public servants to use gender-neutral terms, such as “parent” instead of “mother” or “father,” when interacting with the public and committed to delete a requirement to provide a parent’s “maiden name” when completing government forms on behalf of their children to ensure terminology is inclusive and does not discriminate against same-sex parents. As of June citizens may identify as gender “X” on their passports.

Manitoba, Saskatchewan, and the Northwest Territories explicitly prohibit discrimination based on gender identity. Ontario, Nova Scotia, Prince Edward Island, Alberta, Newfoundland and Labrador, Quebec, New Brunswick, and British Columbia prohibit discrimination based on gender identity and gender expression. Nunavut and Yukon Territories prohibit such discrimination implicitly based on “sex” or “gender.”

Provinces and territories have different requirements for persons to change their legal gender marker in documents such as birth certificates and identifications. Some provinces require one or more physicians to certify the applicant has completed sex reassignment surgery before an applicant may change their legal gender marker. The provincial governments of Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, British Columbia, Ontario, Saskatchewan, Manitoba, and Alberta allow residents to change their gender marker with a personal or physician’s declaration indicating the individual’s gender identity.

Police-reported hate crimes targeting sexual orientation rose 16 percent in 2017 (the most recent data available) to 204 incidents.

In March the British Columbia Human Rights tribunal ordered a man to pay C$55,000 ($42,300) to prominent Vancouver transgender activist and former British Columbia political candidate Morgane Oger for distributing flyers targeting her gender identity as a reason not to vote for her.

In 2017 the government issued a formal apology to, and reached an agreement in principle and a maximum C$110 million ($84.7 million) financial settlement with, former federal public servants, including members of the military and RCMP who were investigated and sometimes fired because of their sexual orientation over 30 years ending in the 1990s. A total of 718 persons sought compensation by the May 2019 deadline under a settlement finalized in 2018. Eligible individuals expected to receive between C$5,000 ($3,850) and C$175,000 ($134,800), depending on the gravity of their cases.

On August 23, three unknown men allegedly attacked a gay fashion designer and his partner in the Quebec town of La Malbaie, shouting homophobic insults while kicking and beating the couple. The victims eventually escaped and sought medical treatment for moderate injuries. Police launched an investigation into the attack, and politicians were quick to condemn the alleged aggression.

There were reports of societal violence and discrimination against members of other minority, racial, and religious groups, but the government generally implemented the law criminalizing such behavior effectively.

China (Includes Hong Kong, Macau, and Tibet)

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

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

Domestic violence remained a significant problem. Some scholars said victims were encouraged to attempt to resolve domestic violence through mediation. Societal sentiment that domestic violence was a personal, private matter contributed to underreporting and inaction by authorities when women faced violence at home. The Family Violence Law defines domestic violence as a civil, rather than a criminal, offense. Web publication Sixth Tone reported 25 percent of families had experienced domestic violence.

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

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

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

Sexual Harassment: The law prohibits sexual harassment against women; however, there is no clear legal definition of sexual harassment. Offenders are subject to a penalty of up to 15 days in detention, according to the Beijing Public Security Bureau. It remained difficult for victims to file a sexual harassment complaint and for judges to reach a ruling on such cases. Many women remained unwilling to report incidents of sexual harassment, believing the justice system was ineffectual, according to official media. Several prominent media reports of sexual harassment went viral on social media, helping to raise awareness of the problem, particularly in the workplace.

In September 2018 Liang Songji and Zhang Wuzhou witnessed police officers beating and forcing female lawyer Sun Shihua to strip naked at a police station in Guangzhou’s Liwan District. They published accounts of the incident on social media, for which Guangzhou police detained both in October 2018. Prosecutors charged them with rumor mongering and obstructing police from performing official duties. After an initial trial on August 11, the Liwan District Court sent the case back to the procuratorate for further investigation, but no new evidence was submitted. Liang and Zhang were sentenced on October 25, Liang to 18 months in jail for “picking quarrels and provoking trouble” and Zhang to 16 months in jail on the charges of “picking quarrels and provoking trouble” and “obstruction of official duties.”

Although many women experienced workplace sexual harassment, very few reported it. Human Rights Watch cited one statistic showing nearly 40 percent of women said they experienced sexual harassment in the workplace.

The Law on the Protection of Women’s Rights and Interests empowers victims to file a sexual harassment complaint with their employer, authorities, or both. Employers who failed to take effective measures to prevent sexual harassment could be fined.

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

State media claimed the number of coerced abortions had declined in recent years in the wake of loosened regulations, including the implementation of the two-child policy. Nevertheless, citizens were subject to hefty fines for violating the law, while couples who had only one child received a certificate entitling them to collect a monthly incentive payment and other benefits that vary by province–from approximately six to 12 yuan (one to two dollars) per month up to 3,000 yuan ($420) for farmers and herders in poor areas. Couples in some provinces were required to seek approval and register before a child was conceived. The National Health Commission rejected calls to eliminate legal references to family planning, citing the country’s constitutional provision that “the state promotes family planning so that population growth may fit the plans for economic and social development.”

According to other international reports, several Uighur women reported they were forced to undergo sterilization while detained in detention centers. A Uighur woman said she and other women were forced to ingest unknown drugs and drink a white liquid that caused them to lose consciousness and in some cases resulted in a loss of menstruation. She said some women died from excessive bleeding.

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

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

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

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

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

Although many local governments encouraged couples to have a second child, families with three or more children still must pay a “social compensation fee.” In Shandong a local district seized a family’s bank account of 22,987 yuan ($3,200) for failure to pay the social compensation fee of 64,626 yuan ($9,000) after having their third child. In a separate case in Shandong, a 67-year-old woman who gave birth to a third child faced fines from the local family planning commission. In previous years those who did not pay the fee were added to a “personal credit black list,” restricting their ability to request loans, take public transportation, purchase items, educate their children, and join tours. The compensation fees were estimated to be 15 to 30 percent of some local governments’ discretionary spending budgets. At year’s end the local government had not decided whether to fine the woman, but one government official promised to publicize the final decision.

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

Family-planning officials face criminal charges and administrative sanctions if they are found to violate citizens’ human or property rights, abuse their power, accept bribes, misappropriate or embezzle family planning funds, or falsely report family planning statistics in the enforcement of birth limitation policy. Forced abortion is not specifically listed as a prohibited activity. The law also prohibits health-care providers from providing illegal surgeries, ultrasounds to determine the sex of the fetus that are not medically necessary, sex-selective abortions, fake medical identification, and fake birth certificates. By law citizens could submit formal complaints about officials who exceed their authority in implementing birth-planning policy, and complaints are to be investigated and dealt with in a timely manner.

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

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

Authorities often did not enforce laws protecting the rights of women. According to legal experts, it was difficult to litigate sex discrimination suits because of vague legal definitions. Some observers noted the agencies tasked with protecting women’s rights tended to focus on maternity-related benefits and wrongful termination during maternity leave rather than on sex discrimination, violence against women, and sexual harassment; others pointed to the active role played by the All China Women’s Federation in passing the new domestic violence legislation.

On July 11, a Chengdu court ruled in favor of Liu Li, who used an alias, in a lawsuit against her former employer who she said sexually harassed her. The court ordered the former employer to apologize.

In October the Jing’an District People’s Court sentenced a man to six months in prison after he groped an adult woman and an under aged girl on a subway train on July 1.

Women’s rights advocates indicated in rural areas women often forfeited land and property rights to their husbands in divorce proceedings. Rural contract law and laws protecting women’s rights stipulate women enjoy equal rights in cases of land management, but experts asserted this was rarely the case due to the complexity of the law and difficulties in its implementation.

In September 2018 five government departments, including the National Health Commission and the State Drug Administration, jointly released a regulation on banning the use of ultrasonic diagnostic equipment to take “fetus photos” after the government found that such tools had been used to reveal the gender of the fetus.

Birth Registration: Citizenship is derived from parents. Parents must register their children in compliance with the national household registration system within one month of birth. Unregistered children could not access public services, including education.

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

Child Abuse: The physical abuse of children is ground for criminal prosecution. The Domestic Violence Law also protects children. Sexual abuse of minors, particularly of rural children, was a significant problem.

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

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

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

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

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

Displaced Children: The detention of an estimated one million or more Uighurs, ethnic Kazakhs, Kyrgyz, and other Muslims in Xinjiang left many children without caregivers. While many of these children had other relatives willing to care for them, the government began placing the children of detainees in orphanages, boarding schools, or “child welfare guidance centers,” where they were forced to shout patriotic slogans, learn Mandarin Chinese, and answer questions about their parents’ religious beliefs and practices. The number of such children was unknown, especially as many of these facilities were also used for orphans and regular students, but one media outlet reported that, based on a 2017 government planning document, at least 500,000 children were separated from their parents and put into these “care” centers. Government policy aims to provide such children with state-sponsored care until they reach age 18. Media reports showed new construction for orphanages in Xinjiang greatly escalated in 2017 and 2018 to house thousands of children of parents being held in camps. In Hotan, some boarding schools were topped with barbed wire.

Institutionalized Children: See “Displaced Children” section above.

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

The government does not recognize Judaism as an ethnicity or religion. There were no reports of anti-Semitic acts during the year.

Trafficking in Persons

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

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

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

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

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

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

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

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

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

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

The government’s policy to encourage Han Chinese migration into minority areas significantly increased the population of Han in Xinjiang. Han Chinese officials continued to hold the majority of the most powerful CCP and many government positions in minority autonomous regions, particularly Xinjiang. The rapid influx of Han Chinese into Xinjiang in recent decades has provoked Uighur resentment.

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

Officials in Xinjiang sustained efforts to crack down on the government-designated “three evil forces” of religious extremism, ethnic separatism, and violent terrorism, including by continuing the concentrated re-education campaign. Xinjiang Communist Party secretary Chen Quanguo, former Communist leader in the TAR, replicated in Xinjiang policies similar to those credited with reducing opposition to CCP rule in Tibet, increasing the security budget by more than 300 percent and advertising more than 90,800 security-related jobs. Authorities cited the 2016 Xinjiang guidelines for the implementation of the national Counterterrorism Law and a “people’s war on terrorism” in its increased surveillance efforts and enhanced restrictions on movement and ethnic and religious practices.

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

In October 2018 the Xinjiang government released new implementing regulations on “de-extremification.” Article 17 of the regulations states that county-level governments “may establish occupational skills education and training centers and other such education and transformation bodies and management departments to conduct education and transformation for persons influenced by extremism.” Some observers noted, despite this new regional law, the “re-education centers” were still illegal under the constitution.

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

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

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

Uighurs and other religious minorities continued to be sentenced to long prison terms and in some cases executed without due process on spurious charges of separatism and endangering state security. In 2016 and 2017, the Xinjiang regional government posted advertisements to recruit nearly 100,000 security personnel, international media reported.

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

Ethnic Kazakhs were also targeted, RFA and other international media reported. In August 2018 Sayragul Sauytbay, an ethnic Kazakh Chinese citizen, testified in a Kazakhstan court that she was forced to work in a center where an estimated 2,500 ethnic Kazakhs were detained. She told the court she had to undergo “political indoctrination” at the camp. Kazakhs were also prevented from moving freely between China and neighboring Kazakhstan, and some were detained in internment camps upon their return to China.

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

In July media reported a Uighur woman and her two daughters were given Tajik passports and deported against their will from Turkey to Tajikistan, where they were flown by PRC authorities to Urumqi, despite being legal residents of Turkey. In August a Uighur man fled his home in Pakistan to seek asylum in Europe because multiple other Pakistan-based Uighurs had been refouled back to China. He was refused in entry in Bosnia and sent to Qatar, where he faced refoulement back to China, before ultimately being granted entry to another country.

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

For specific information on Tibet, see the Tibet Annex.

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

LGBTI individuals reported incidents of violence, including domestic violence; however, they encountered difficulties in seeking legal redress, since regulations on domestic violence, including the Family Violence Law, do not include recognition of same-sex relations. Accessing redress was further limited by societal discrimination and traditional norms, resulting in most LGBTI persons refraining to publicly discuss their sexual orientation or gender identity.

NGOs working on LGBTI issues reported that although public advocacy work became more difficult for them due to the Foreign NGO Management Law and the Domestic Charity Law, they made some progress in advocating for LGBTI rights through specific antidiscrimination cases.

Discrimination against persons with HIV remained a problem, impacting individuals’ employment, educational, and housing opportunities and impeding access to health care. In some instances laws protecting persons with HIV from discrimination contradict laws restricting the rights of persons with HIV. During the year state media outlets reported instances of persons with HIV/AIDS who were barred from housing, education, or employment due to their HIV status. An estimated 1.25 million persons in the country had HIV.

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

According to the law, companies may not demand HIV antibody tests nor dismiss employees for having HIV. Nonetheless, the regulation on Prevention and Treatment of HIV/AIDS revised during the year also stipulates that HIV-positive individuals shall not engage in work that is prohibited by laws, administrative regulations, and the Department of Health under the State Council.

The law prohibits discrimination against persons carrying infectious diseases and allows such persons to work as civil servants. Despite provisions in the law, discrimination against hepatitis B carriers (including 20 million chronic carriers) remained widespread in many areas, and local governments sometimes tried to suppress their activities. Despite a 2010 nationwide rule banning mandatory hepatitis B virus tests in job and school admissions applications, many companies continued to use hepatitis B testing as part of their pre-employment screening.

The law does not address some common types of discrimination in employment, including discrimination based on height, physical appearance, or ethnic identity.

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

China (Includes Hong Kong, Macau, and Tibet) – Hong Kong

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

Rape and Domestic Violence: The law criminalizes rape only against women but includes spousal rape. Activists expressed concern that rape was underreported, especially within the ethnic minority community.

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

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

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

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

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

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

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

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

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

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

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

The legal age for consensual sex is 16.

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

The Jewish community numbered 5,000 to 6,000 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

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

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

Although ethnic Chinese made up the vast majority of the population, the SAR is a multiethnic society, with persons from a number of ethnic groups recognized as permanent residents with full rights under the law. The law prohibits discrimination, and the EOC oversees implementation and enforcement of the law. The EOC maintained a hotline for inquiries and complaints concerning racial discrimination. Although the SAR government took steps to reduce discrimination, there were frequent reports of discrimination against ethnic minorities; the law did not clearly cover racial discrimination occurring in the course of law enforcement activity.

The government has a policy to integrate non-Chinese students into SAR schools. Nevertheless, advocacy groups said schools were de-facto segregated. Advocates also expressed concerns that Chinese language teaching for minority students was inadequate. Students who did not learn Chinese had significant difficulty entering university and the labor market, according to experts.

Persons born in mainland China also experienced frequent discrimination. On several occasions, protesters verbally or physically attacked mainlanders.

No laws criminalize consensual same-sex sexual conduct between adults. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity. There are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, or intersex community. In October a gay man sued the government because public housing rules did not allow his male spouse, whom he married overseas, to live with him because the rules only recognize opposite-sex partners as spouses.

China (Includes Hong Kong, Macau, and Tibet) – Macau

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

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence, but the domestic violence law does not cover same-sex couples. The rate of investigation for domestic violence cases was low, with police initiating investigations in only two of the 104 cases of domestic violence reported to them in 2018, according to official statistics. Domestic violence law stipulates that a judge may order urgent coercive measures imposed upon the defendant individually or cumulatively, and the application of these measures does not preclude the possibility of prosecuting the perpetrators for criminal responsibilities as stipulated in the criminal code.

The government made referrals for victims to receive medical treatment, and social workers counseled victims and informed them of social welfare services. The government funded nongovernmental organizations to provide victim support services, including medical services, family counseling, and housing, until their complaints were resolved.

Sexual Harassment: The law criminalizes physical sexual harassment, but verbal and noncontact harassment are not covered by the law. Persons convicted of sexual harassment may be imprisoned for up to one year.

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

Discrimination: Equal opportunity legislation mandates that women receive equal pay for equal work. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines and the government generally enforced the law effectively (see section 7.) Media reports, however, indicated that discrimination persisted and gender differences in occupation existed, with women concentrated in lower-paid sectors and lower-level jobs.

Birth Registration: According to the Basic Law, children of Chinese national residents of the SAR who were born inside or outside the SAR and children born to non-Chinese national permanent residents inside the SAR are regarded as permanent residents. There is no differentiation between these categories in terms of access to registration of birth. Most births were registered immediately.

Early and Forced Marriage: The minimum legal age of marriage is age 16; however, children from ages 16 to 18 who wish to marry must obtain approval from their parents or guardians.

Sexual Exploitation of Children: The law specifically provides for criminal punishment for sexual abuse of children and students, statutory rape, and procurement involving minors. The criminal code sets 14 years as the age of sexual consent. The law forbids procurement for prostitution of a person younger than age 18. The law also prohibits child pornography. The government generally enforced these laws effectively, but there were concerns about the participation of minors in sex work.

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

The Jewish population was extremely small. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The law mandates access to buildings, public facilities, information, and communications for persons with disabilities. The government enforced the law effectively.

There were reports of societal discrimination against ethnic minorities, and the law did not fully define and criminalize racial discrimination.

The law prohibits discrimination in employment on the grounds of sexual orientation; however, the law does not prohibit discrimination based on sexual orientation in other areas, such as housing.

China (Includes Hong Kong, Macau, and Tibet) – Tibet

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

Coercion in Population Control: As in the rest of China, there were reports of coerced abortions and sterilizations, although government statistics on the percentage of abortions coerced during the year were not available. The CCP restricts the rights of parents to choose the number of children they have and utilizes family planning units from the provincial to the village level to enforce population limits and distributions.

Discrimination: There were no formal restrictions on women’s participation in the political system, and women held many lower-level government positions. Nevertheless, women were underrepresented at the provincial and prefectural levels of government.

See the Women section in the Mainland China section for more information.

Many rural Tibetan areas have implemented the PRC’s nationwide “centralized education” policy, which forced the closure of many village and monastic schools and the transfer of students to boarding schools in towns and cities. Media reports indicated this program was expanding. The policy limited the ability of children to learn Tibetan language and culture by removing Tibetan children from their homes and communities where the Tibetan language is used. It has also led to the removal of young monks from monasteries, forcing them instead into government-run schools. Authorities enforced regulations specifying that traditional monastic education is available only to monks older than 18, which has led to a reduction in younger students at monasteries. Instruction in Tibetan, while provided for by PRC law, was often inadequate or unavailable at schools in Tibetan areas.

Media outlets reported an increase in the scale of Tibetans attending government-sponsored boarding school outside Tibetan areas. The PRC government reported the programs allowed students greater educational opportunities than they would have had in their home cities. Tibetans and reporters, however, noted the program prevented students from participating in Tibetan cultural activities, observing religious practices, or using the Tibetan language. Media reports also highlighted discrimination within government boarding school programs. Tibetans attending government-arranged boarding schools in eastern China reported studying and living in ethnically segregated classrooms and dormitories justified as necessary security measures, despite cultural integration being the government’s stated purpose for these programs.

Trafficking in Persons

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

Although the 2010 TAR census figures showed that Tibetans made up 90.5 percent of the TAR’s permanently registered population, official figures did not include a large number of long-, medium-, and short-term Han Chinese migrants, such as cadres, skilled and unskilled laborers, military and paramilitary troops, and their respective dependents. Tibetans continued to make up nearly 98 percent of those registered as permanent residents in rural areas of the TAR, according to official census figures.

Migrants to the TAR and other parts of the Tibetan Plateau were overwhelmingly concentrated in urban areas. Government policies to subsidize economic development often benefited Han Chinese migrants more than Tibetans. In many predominantly Tibetan cities across the Tibetan Plateau, Han Chinese migrants owned and managed most of the small businesses, restaurants, and retail shops.

Observers continued to express concern that major development projects and other central government policies disproportionately benefited non-Tibetans and resulted in a considerable influx of Han Chinese persons into the TAR and other Tibetan areas. Large state-owned enterprises based outside the TAR engineered or implemented many major infrastructure projects across the Tibetan Plateau, with Han Chinese professionals and low-wage temporary migrant workers from other provinces, rather than local residents, managing and staffing the projects.

Economic and social exclusion was a major source of discontent among a varied cross section of Tibetans. Some Tibetans continued to report discrimination in employment. Some Tibetans reported it was more difficult for them than Han Chinese persons to obtain permits and loans to open businesses, and the government gave many Han Chinese persons, especially retired soldiers, incentives to move to Tibet. Increased restrictions in the three years since a foreign NGO management law was passed severely decreased the number of local NGOs that received foreign funding and international NGOs that provided assistance to Tibetan communities. For example, after the NGO law took effect in 2017, Trace Foundation, a U.S.-based nonprofit organization focusing on Tibetan areas, began closing its programs on the plateau and reported that it had not carried out any programs within China during the year. Other foreign NGOs reported being unable to find local partners. Several Tibetan-run NGOs were also reportedly pressured to close. Throughout the year there were no known Tibetan Plateau-based international NGOs operating in the country.

Some employers specifically barred Tibetans and other minorities from applying to job openings. In August, Lens Technology in Hunan Province published a job opportunity specifically barring Tibetans, Uighurs, and Mongolians from applying.

The PRC government continued its campaign to resettle Tibetan nomads into urban areas and newly created communities in rural areas across the TAR and other Tibetan areas. Improving housing conditions, health care, and education for Tibet’s poorest persons were among the stated goals of resettlement, although there was a pattern of settling herders near townships and roads and away from monasteries, which were the traditional providers of community and social services. A requirement that herders bear a substantial part of the resettlement costs often forced resettled families into debt. The government’s campaign resulted in many resettled herders losing their livelihoods and living in impoverished conditions in urban areas.

Although a 2015 media report noted that Tibetans and other minority ethnic groups made up 70 percent of government employees in the TAR, the top CCP position of TAR party secretary continued to be held by a Han Chinese person, and the corresponding positions in the vast majority of all TAR counties were Han Chinese. Within the TAR, Han Chinese persons also continued to hold a disproportionate number of the top security, military, financial, economic, legal, judicial, and educational positions. The law requires CCP secretaries and governors of ethnic minority autonomous prefectures and regions to be from that ethnic minority; however, party secretaries were Han Chinese in eight of the nine TAPs located in Gansu, Qinghai, Sichuan, and Yunnan Provinces. One TAP in Qinghai had a Tibetan party secretary. Authorities strictly prohibited Tibetans holding government and CCP positions from openly worshipping at monasteries or otherwise publicly practicing their religion.

Government propaganda against alleged Tibetan “proindependence forces” contributed to Chinese societal discrimination against ordinary Tibetans. Many Tibetan monks and nuns chose to wear nonreligious clothing to avoid harassment when traveling outside their monasteries and throughout China. Some Tibetans reported that taxi drivers throughout China refused to stop for them, hotels refused to provide lodging, and Han Chinese landlords refused to rent to them.

Read a Section

China →     Hong Kong →     Macau

Ethiopia

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

While the government’s political transformation contributed to a reduction in the number of deaths from engagement with government forces, violence between communities and among citizens began to rise.

Rape and Domestic Violence: The law criminalizes rape, and conviction provides for a penalty of five to 20 years’ imprisonment, depending on the severity of the case. The law does not expressly address spousal rape. The law generally covers violence against a marriage partner or a person cohabiting in an irregular union without specifically mentioning spousal rape. Some judges interpret this article to cover spousal rape cases, but others overlook such cases. The government did not fully enforce the law.

Domestic violence is illegal, but government enforcement of laws was inconsistent. Depending on the severity of injury inflicted, penalties for conviction range from small fines to 15 years’ imprisonment. Domestic violence, including spousal abuse, was a pervasive social problem. According to the 2016 Demographic and Health Survey (DHS), 34 percent of ever-married women and girls between the ages of 15 and 49 had experienced spousal physical, sexual, or emotional violence.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, with punishment including imprisonment and a fine, depending on the crime. The government did not actively enforce this prohibition. The 2016 DHS stated that 65 percent of girls and women ages 15-49 were subjected to FGM/C. The prevalence of FGM/C was highest in the Somali Region (99 percent) and lowest in the Tigray Region (23 percent). It was less common in urban areas. The law criminalizes the practice of clitoridectomy and provides for three months’ imprisonment or a fine of at least 500 birr ($17) for perpetrators. Infibulation of the genitals (the most extreme and dangerous form of FGM/C) is punishable by five to 10 years’ imprisonment. According to government sources, there had never been a criminal charge regarding FGM/C, but media reported limited application of the law.

For more information, see Appendix C.

Other Harmful Traditional Practices: Marriage by abduction is illegal, although it continued in some regions despite the government’s attempts to combat the practice. Forced sexual relationships accompanied most marriages by abduction, and women often experienced physical abuse during the abduction. Abductions led to conflicts among families, communities, and ethnic groups. In cases of abduction, the perpetrator did not face punishment if the victim agreed to marry the perpetrator.

Sexual Harassment: The penal code prescribes penalties for conviction of 18 to 24 months’ imprisonment, but authorities generally did not enforce the law. Sexual harassment was widespread.

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

Discrimination: All federal and regional land laws empower women to access government land. Inheritance laws also enable widows to inherit joint property acquired during marriage; however, enforcement of both legal provisions was uneven. Discrimination against women was widespread. It was most acute in rural areas, where an estimated 80 percent of the population lived.

Women’s access to gainful employment, credit, and the opportunity to own or manage a business was limited by their lower levels of educational attainment and by traditional attitudes. In July parliament revised the labor law to provide for four months of maternity leave. A number of initiatives aimed at increasing women’s access to these critical economic empowerment tools.

Birth Registration: A child’s citizenship derives from the parents. The law requires registration of children at birth. Children born in hospitals were registered; most of those born outside of hospitals were not. The overwhelming majority of children, particularly in rural areas, were born at home. The government continued a campaign initiated in 2017 to increase birth registrations by advising that failure to register would result in denial of public services.

Education: The law does not make education compulsory. Primary education is universal and tuition free, but there were not enough schools to accommodate the country’s children, particularly in rural areas. The cost of school supplies was prohibitive for many families. The most recent data showed the net primary school enrollment rate was 90 percent for boys and 84 percent for girls.

Child Abuse: Child abuse was widespread. Uvula cutting, tonsil scraping, and milk-tooth extraction were among the most prevalent harmful traditional practices. The African Report on Child Wellbeing 2013, published by the African Child Policy Forum, found the government had increased punishment for sexual violence against children. “Child-friendly” benches heard cases involving violence against children and women. There was a commissioner for women and children’s affairs in the EHRC and Ombudsman’s Office.

Early and Forced Marriage: The law sets the legal age of marriage for girls and boys at 18. Authorities did not enforce this law uniformly, and rural families sometimes were unaware of this provision. The government strategy to address underage marriage focused on education and mediation rather than punishment of offenders. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum legal age for consensual sex is 18, but authorities did not enforce this law. The law provides for three to 15 years’ imprisonment for conviction of sexual intercourse with a minor. The law provides for one year in prison and a fine of 10,000 birr ($346) for conviction of trafficking in indecent material displaying sexual intercourse by minors. Traffickers recruited girls as young as 11 to work in brothels. Young girls were trafficked from rural to urban areas and exploited as prostitutes in hotels, bars, resort towns, and rural truck stops.

Infanticide or Infanticide of Children with Disabilities: Ritual and superstition-based infanticide, including of infants with disabilities, continued in remote tribal areas, particularly in South Omo. Local governments worked to educate communities against the practice.

Displaced Children: According to a 2010 report of the Ministry of Labor and Social Affairs, approximately 150,000 children lived on the streets; 60,000 of them were in the capital. The ministry’s report stated the inability of families to support children due to parental illness or insufficient household income exacerbated the problem. Research in 2014 by the ministry noted rapid urbanization, illegal employment brokers, high expectations of better life in cities, and rural-urban migration were adding to the problem. These children often begged, sometimes as part of a gang, or worked in the informal sector.

In July the Oromia Region Bureau of Women, Youth, and Children’s Affairs and local police reported one incident of trafficking involving 31 IDP children. During the year protection partners received other reports of child trafficking in West and East Wellega and believed that traffickers set up a network to target IDP children.

Institutionalized Children: There were an estimated 4.5 million orphans in the country in 2012, 4.9 percent of the population, according to statistics published by UNICEF. The vast majority lived with extended family members. Governmental and privately operated orphanages were overcrowded, and conditions were often unsanitary. Institutionalized children did not receive adequate health care.

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

The Jewish community numbered approximately 2,000 persons. There were no reports of anti-Semitic acts, and the Addis Ababa Jewish community reported it felt protected by the government to practice its faith but did face limited societal discrimination.

Trafficking in Persons

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

The constitution does not mandate equal rights for persons with disabilities. The law prohibits discrimination against persons with physical and mental disabilities in employment and mandates access to buildings but does not explicitly mention intellectual or sensory disabilities. It is illegal for deaf persons to drive. The constitution provides: “The State shall, within available means, allocate resources to provide rehabilitation and assistance to the physically and mentally disabled, the aged, and to children who are left without parents or guardian.” This provision is under economic, social, and cultural rights, which mandates, not equal rights but allocating resources within available means.

The law prohibits employment discrimination based on disability and mandates affirmation action. It also makes employers responsible for providing appropriate working or training conditions and materials to persons with disabilities. When a person with disability acquires the necessary qualification and has equal or close score to that of other candidates, preference shall be given to the persons with disability during hiring. It also makes employers responsible for providing reasonable accommodation, appropriate working or training conditions and materials to persons with disabilities.

The law provides for a fine against an employer who fails to implement the law of between 2,000 and 5,000 birr ($69 and $173), and this makes the impact of the law on prohibiting employment discrimination based on disability almost zero.

The government took limited measures to enforce the law, for example, by assigning interpreters for deaf and hard-of-hearing civil service employees. The Ministry of Labor and Social Affairs and the Public Servants Administration Commission were responsible for the implementation of employment laws for individuals with disabilities.

The law obliges all public buildings to have access for persons with disabilities but has no enforcement mechanism. This provision on access to public buildings only mentions those with physical impairment; it does not mention those with intellectual or sensory impairments. The law mandates building accessibility and accessible toilet facilities for persons with physical disabilities, although without specific regulations that define accessibility standards. Buildings and toilet facilities were usually not disability accessible. Property owners are required to give persons with disabilities preference for ground-floor apartments, and they generally did so.

According to a report from the UN Population Fund and the Population Council, one in every three girls with disabilities suffered at least one sexual assault. They also faced systematic and violent abuse at home and in their communities. The report stated many were blamed for being different and feared because they were seen to be under the spell of witchcraft.

Women with disabilities faced more disadvantages in education and employment. According to the 2010 Population Council Young Adult Survey, 23 percent of girls with disabilities were in school, compared with 48 percent of girls and 55 percent of boys without disabilities. Girls with disabilities also were much more likely to experience physical and sexual abuse than were girls without disabilities.

Nationally there were several schools for persons with hearing and vision disabilities and several training centers for children and young persons with intellectual disabilities. There was a network of prosthetic and orthopedic centers in five of the nine regional states.

The labor ministry worked on disability-related problems, including ensuring impartiality in employment, provision of appropriate working conditions for public servants with disability.

The country has more than 80 ethnic groups, of which the Oromo, with approximately 34 percent of the population, is the largest. The federal system drew boundaries approximately along major ethnic group lines during the early years of EPRDF rule and the drafting of the current constitution. Most political parties remained primarily ethnically based, although the ruling party and one of the largest opposition parties were coalitions of several ethnically based parties.

In January the federal attorney general filed charges against 109 individuals suspected of involvement in the ethnically motivated violence in Burayu and surrounding towns in September 2018. According to the report, police detained 81 of the suspects while continuing to search for the remaining ones.

In September 2018 unknown assailants shot and killed four security officers in the Benishangul Gumuz Region. The incident triggered identity-based attacks on ethnic-Oromo and Amhara minorities in the region’s Kamashi Zone, resulting in the deaths of at least 67 persons and the displacement of hundreds of thousands. The perpetrators reportedly carried OLF flags, but OLF officials denied any involvement in the incident.

In June police in the Amhara Region arrested Debre Markos University students suspected of killing a fellow student on May 24. According to local press, attackers beat a student from the Tigray Region to death. Both the Amhara and Tigray regional governments condemned the killing and pledged to bring all the perpetrators to justice. On June 4, an attacker killed an ethnic Amhara student from Axum University in the Tigray Region in what most assumed was retaliation for the death in Debre Markos. The Tigray regional government condemned the ethnically motivated killing and promised to do all in its capacity to bring the perpetrators to justice.

Consensual same-sex sexual activity is illegal and punishable by three to 15 years’ imprisonment. No law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. There were reports of violence against LGBTI individuals, but reporting was limited due to fear of retribution, discrimination, or stigmatization. There are no hate crime laws or other criminal justice mechanisms to aid in the investigation of abuses against LGBTI individuals. Individuals generally did not identify themselves as LGBTI persons due to severe societal stigma and the illegality of consensual same-sex sexual activity. Activists in the LGBTI community reported surveillance and feared for their safety. There were no reports of persons incarcerated or prosecuted for engaging in same-sex sexual activities.

The AIDS Resource Center in Addis Ababa reported the majority of self-identified gay and lesbian callers, most of whom were men, requested assistance in changing their behavior to avoid discrimination. Many gay men reported anxiety, confusion, identity crises, depression, self-ostracism, religious conflict, and suicide attempts.

In May and June, Toto Tours, a Chicago-based tour company serving the LGBTI community, faced widespread backlash in the country when it advertised a 16-day “Treasures of Ethiopia” trip in October to visit a broad range of famous sites. According to the company, a flood of threats and hate messages prompted it to fill out a report on May 26 on a foreign government’s website. Average citizens called for an anti-LGBTI rally in Addis Ababa on June 9, although it did not take place. The company announced plans to cancel the tour due to the potential dangers visitors would face.

Societal stigma and discrimination against persons with or affected by HIV/AIDS continued in education, employment, and community integration. Persons with or affected by HIV/AIDS reported difficulty accessing various services. There were no statistics on the scale of the problem.

On February 9, armed groups from the ethnic Qimant community attacked several villages near Gondar in the Amhara Region. Amhara Region officials said the nearly 300 attackers destroyed 300 houses and killed 30 persons. The violence reportedly created 50,000 new IDPs; the Amhara regional government issued a statement claiming the number of IDPs was beyond its capacity to manage. The ENDF arrested 138 persons in Western Gondar allegedly connected to the violence. Police charged 37 suspects with killings and 101 suspects with robberies during the attack. The ENDF also seized weapons, including rocket-propelled grenades, from those arrested.

Public universities witnessed violence fueled by ethnic tensions that severely interrupted the academic year in most universities.

France

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and the government generally enforced the law effectively. The penalty for rape is 15 years’ imprisonment, which may be increased. The government and NGOs provided shelters, counseling, and hotlines for rape survivors.

The law prohibits domestic violence against women and men, including spousal abuse, and the government generally enforced the law effectively. The penalty for domestic violence against either gender varies from three years in prison and a fine of 45,000 euros ($49,500) to 20 years in prison.

On November 19, the Council of Europe Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) released its baseline evaluation report for the country. The report noted significant shortcomings in the legal framework on violence against women, including that the definition of sexual assault and rape is not based on the absence of consent but rather on the use of violence, coercion, threat, or surprise. The report also pointed out the inadequacy and unbalanced geographical distribution of housing facilities and emergency assistance centers for victims of rape and domestic violence.

In November the government’s Interministerial Agency for the Protection of Women against Violence and Combatting Human Trafficking (MIPROF) published data showing that in 2018 approximately 213,000 women older than age 18 declared they had been victims of physical or sexual violence at the hands of a partner or former partner. MIPROF reported that, over the same period, 94,000 women declared they had been victims of rape or attempted rape.

In December the National Observatory of Crime and Criminal Justice, an independent public body, and the National Institute of Statistics and Economic Studies (INSEE) published a joint study showing that the number of persons who consider themselves victims of sexual violence committed by a person who does not live with them declined from 265,000 in 2017 to 185,000 in 2018. In 2017 there was a sharp increase in the number of estimated victims, so despite this decline the 2018 estimate reflected the second-highest level since the organizations began collecting data in 2008.

The government sponsored and funded programs for women victims of violence, including shelters, counseling, hotlines, free mobile phones, and a media campaign. The government also supported the work of 25 associations and NGOs dedicated to addressing domestic violence.

The government implemented its 2017-19 interministerial plan to address violence against women. The program’s three main objectives are ensuring women’s access to rights; strengthening public action to protect the most vulnerable groups, such as children, young women, and women living in rural regions; and uprooting the culture of sexism.

On July 1, the High Council for Equality, an independent, consultative body, issued a statement expressing alarm over the number of femicides in the country. It highlighted “the pathways and possible failures [in the judiciary, gendarmerie or police] that have led to the killing of 70 women since the beginning of the year.” According to NGOs such as NousToutes and Fondation des Femmes, as of December, 148 women were.killed in such crimes during the year.

On September 3, the government launched a national forum on domestic violence and brought together dozens of ministers, judges, police officers, victims’ relatives and feminist groups. Approximately 100 conferences took place across the country from September 3 to November 25. At the closure of the series of consultations on November 25, the international day for the prevention of violence against women, Prime Minister Philippe announced 40 measures aimed at preventing domestic violence against women, focusing on three areas: education (educating children on gender equality); protection (ensuring the immediate safety of victims and their children); and restriction (preventing further violence from the perpetrators). Among concrete measures announced were the creation of 1,000 new places in shelters for victims and improved training for those who work with victims of domestic violence.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was practiced in the country, particularly within diaspora communities. Various laws prohibit FGM/C and include extraterritorial jurisdiction, allowing authorities to prosecute FGM/C, which is punishable by up to 20 years in prison, even if it is committed outside the country, and up to 30 years if the FGM/C leads to the death of the victim. The government provided reconstructive surgery and counseling for FGM/C victims.

According to the latest statistics available from the Ministry of Gender Equality and the Fight against Discrimination, between 40,000 to 60,000 FGM/C victims resided in the country. The majority were recent immigrants from sub-Saharan African countries where FGM/C was prevalent and where the procedure was performed. According to the Group against Sexual Mutilation, 350 excisions were performed in the country each year. On June 21, the junior minister of gender equality and the fight against discrimination, Marlene Schiappa, launched a national action plan to combat FGM/C, focusing on identifying risks, preventing FGM/C, and supporting female victims.

On July 23, the National Public Health Agency released a report that estimated the number of victims of FGM/C rose from 62,000 in the early 2000s to 124,355 in the middle 2010s.

Sexual Harassment: The law prohibits gender-based harassment of both men and women in the workplace. Sexual harassment is defined as “subjecting an individual to repeated acts, comments, or any other conduct of a sexual nature that are detrimental to a person’s dignity because of their degrading or humiliating character, thereby creating an intimidating, hostile, or offensive environment.” The government enforced the law.

On July 16, the University Toulouse Jean-Jaures announced that two professors would be barred from positions in all public higher-education institutions due to “sexual and moral harassment” of several students.

In August 2018 parliament passed a law against “sexual and sexist violence” that provides for on-the-spot fines of 90 to 750 euros ($99 to $825) for persons who sexually harass others on the street (including wolf whistling), and up to 3,000 euros ($3,300) if there are aggravating circumstances. The law covers sexual or sexist comments and behavior that is degrading, humiliating, intimidating, hostile, or offensive. The bill also increases sanctions for cyberstalking and prohibits taking pictures or videos under someone’s clothes without consent, which is punishable by up to one year in prison and a fine of 15,000 euros ($16,500).

In August the Ministry of Gender Equality and the Fight against Discrimination reported that authorities fined 713 men for harassing women in public since the introduction of the new law in 2018.

On June 17, a Paris court sentenced a man to an eight-month suspended sentence after he masturbated on the Paris metro in front of a woman and told her she was “beautiful.” The man, 48, was ordered to pay 500 euros ($550) in damages to the woman who filmed the offense, as well as to another woman who reported the same behavior. The perpetrator was also ordered to undergo psychiatric treatment.

According to the latest statistics released by the Interior Ministry in January, reported cases of sexual harassment and sexual violence surged in 2018, with 28,900 complaints registered by police, up 20 percent over the previous year.

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

Discrimination: The law prohibits gender-based job discrimination and harassment of subordinates by superiors, but this prohibition does not apply to relationships between peers. The constitution and law provide for the same legal status and rights for women as for men, including under family, religious, personal status, labor, property, nationality, and inheritance laws. The Ministry of Gender Equality and the Fight against Discrimination is responsible for protecting the legal rights of women. The constitution and law provide for equal access to professional and social positions, and the government generally enforced the laws.

There was discrimination against women with respect to employment and occupation, and women were underrepresented in most levels of government leadership.

Birth Registration: The law confers nationality to a child born to at least one parent with citizenship or to a child born in the country to stateless parents or to parents whose nationality does not transfer to the child. Parents must register births of children regardless of citizenship within three days at the local city hall. Parents who do not register within this period are subject to legal action.

Child Abuse: There are laws against child abuse, including against rape, sexual assault, corruption of a minor, trafficking, kidnapping, child prostitution, and child pornography. The government actively worked to combat child abuse. Penalties are generally severe.

The GREVIO report found courts rarely applied legislative mechanisms to prioritize children’s safety in custody disputes and thus did not sufficiently incorporate children’s risk of exposure to violence in custody and visitation decisions. The report also found a lack of support and assistance for children who have witnessed violence.

On November 20, the government presented a three-year plan to end violence against children. The junior secretary for children, Adrien Taquet, presented 22 measures “to end once and for all violence against children.” New measures include 400,000 euros ($440,000) in additional funding for responses to the “child in danger” emergency hotline and strengthened implementation of background checks for those working in contact with children.

Early and Forced Marriage: The minimum legal age for marriage is 18. Early marriage was a problem mainly for communities from the Maghreb, Sub-Saharan Africa, and South Asia. The law provides for the prosecution of forced marriage cases, even when the marriage occurred abroad. Penalties for violations are up to three years’ imprisonment and a 45,000 euro ($49,500) fine. Women and girls could seek refuge at shelters if their parents or guardians threatened them with forced marriage. The government offered educational programs to inform young women of their rights.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. The minimum age of consent is 15, and sexual relations with a minor aged 15 to 18 are illegal when the adult is in a position of authority over the minor. For rape of a minor younger than 15 the penalty is 20 years’ imprisonment, which can be increased in the event of aggravating circumstances. Other sexual abuse of a minor under the age of 15 is punishable by up to 10 years in prison and a fine of 150,000 euros ($165,000). The law provides that underage rape victims may file complaints up to 30 years after they turn 18.

The government enforced these laws effectively but faced criticism from NGOs such as Coup de Pouce, Acting against Child Prostitution, and the French Council of Associations for the Rights of the Child that argued children cannot provide legal consent regardless of circumstance.

The law also criminalizes the commercial sexual exploitation of children. The minimum penalty for sexual exploitation of children is 10 years’ imprisonment and a fine of 1.5 million euros ($1.65 million). The law prohibits child pornography; the maximum penalty for its use and distribution is five years’ imprisonment and a 75,000 euro ($82,500) fine.

As part of the 2020-22 plan to combat violence against children released November 20, the government released estimates that more than 130,000 girls and 35,000 boys annually suffer rape or attempted rape, and 140,000 children are exposed to domestic violence. According to an IPSOS poll released October 7 conducted with victims of childhood sexual abuse, the victims’ average age is 10 years and 83 percent of victims are girls. Victims file a lawsuit in only 25 percent of the cases.

Displaced Children: On February 28, the European Court of Human Rights ordered the state to pay 15,000 euros ($16,500) in reparations for the mistreatment of a 12-year-old Afghan in 2016 who spent six months at the Calais migrant camp. The court stated that authorities did not do everything within their power to protect the child from the uncertainty and poor conditions after the government demolished the camp.

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

NGO and government observers reported numerous anti-Semitic incidents, including physical and verbal assaults on individuals and attacks on synagogues, cemeteries, and memorials, particularly in the Alsace-Lorraine region. The number of anti-Semitic acts increased by 74 percent in 2018, according to government statistics, while the number of violent attacks fell from 97 in 2017 to 81.

On May 22, a Jewish driver working for a ride-sharing company was mugged and beaten by perpetrators who targeted him because of his Jewish-sounding name. The victim reported that a man in his 20s was waiting for him at the appointed place and asked to sit in the front seat, following which a group of about 10 young men surrounded the car. One of the perpetrators told him, “you must have money; we’re going to need to frisk you.” The men then beat the driver, causing him to black out. He sustained injuries and a concussion. In July authorities charged four individuals for the attack and one, a teenager, was placed in pretrial detention because the anti-Semitic nature of the attack was considered an aggravating circumstance.

According to the latest statistics released by the Defense Ministry, the government deployed 10,000 security personnel throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship.

On February 2, police arrested 19 persons in Strasbourg when a Yellow Vest protest turned violent, and approximately 50 protesters threw rocks at police and tried to damage local property, including the main synagogue. Some protesters shouted anti-Semitic insults and reportedly launched firecrackers toward the synagogue entrance. Several other Yellow Vest protests also included anti-Semitic acts. On February 16, a man participating in a Yellow Vest march in Paris shouted epithets, including “dirty Zionist” and “dirty race,” at renowned French Jewish intellectual Alain Finkielkraut, an early supporter of the Yellow Vest movement who had recently turned against it. Despite being convicted for violating the country’s antiracism laws, which prohibit verbal attacks based on religion, ethnicity or race, the man was given a two-month suspended sentence by a Paris court.

Anti-Semitic vandalism targeted Jewish sites, including Holocaust memorials and cemeteries. In Quatzenheim, near Strasbourg, vandals defaced more than 90 graves at a Jewish cemetery in February. On February 19, President Macron and Interior Minister Castaner visited the site to support the Jewish community in the region, and prefecture and local politicians also voiced their rejection of the anti-Semitic attack. On December 2, more than 100 graves in the Jewish cemetery of Westhoffen, also in eastern France, were desecrated. Spray-painted swastikas and the number “14,” associated with white supremacy, covered headstones. Both President Macron and Interior Minister Castaner condemned the acts, and Castaner visited the site with community leaders on December 4. On May 13, police opened an investigation of the vandalism of a commemorative plaque in Paris devoted to Jewish children arrested by the French Vichy government in 1942 and deported to Nazi death camps. The graffiti included the number 4,115, representing the number of children arrested by Vichy police, and the word “extermination.” Paris 15th District mayor Philippe Goujon denounced the defacement.

After news that an administrator at an Orthodox Jewish high school leaked national examination materials to students in an effort to boost the school’s results, users posted hundreds of anti-Semitic posts on Twitter. The tweets included tropes that the students would avoid punishment because Jews “control everything” in France.

Trafficking in Persons

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

The constitution and law protect the rights of persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The government generally enforced these provisions effectively.

An estimated 350,000 persons with intellectual or mental disabilities were deprived of the right to vote. The law allows a judge to deny the right to vote to individuals who are assigned guardians to make decisions on their behalf, which mainly affected persons with disabilities.

While the law requires companies with more than 20 workers to hire persons with disabilities, many such companies failed to do so.

The law requires that buildings, education, and employment be accessible to persons with disabilities. According to the latest government estimates available, 40 percent of establishments in the country were accessible. In 2015 parliament extended the deadline for owners to make their buildings and facilities accessible by three to nine years. In 2016 then president Hollande announced that 500,000 public buildings across the country were undergoing major renovation to improve accessibility. The Ministry of Social Affairs and Health (now called the Ministry for Solidarity and Health) reported in 2016 that only 300,000 of one million establishments open to the public were fully accessible. Public transport is not accessible, or is only partially accessible, in Paris and Marseille, the two largest cities in the country.

In its most recent report on the country in 2016, the UN Committee on the Rights of the Child stated that autistic children in the country “continue to be subjected to widespread violations of their rights.” The committee found the majority of children with autism did not have access to mainstream education and that many “are still offered inefficient psychoanalytical therapies, overmedication, and placement in psychiatric hospitals and institutions.” Parents who opposed the institutionalization of their children were intimidated and threatened and, in some cases, lost custody of their children, according to the report. The law provides every child the right to education in a mainstream school, but the Council of Europe criticized authorities for not implementing it. Pressure groups such as Autism France estimated that only 20 percent of autistic children were in school. In April 2018 the government began implementing a 340 million euro ($374 million) strategy to give autistic children access to education. The plan includes increasing diagnosis and early years support for children with autism, increasing scientific research, and training doctors, teachers, and staff.

Societal violence and discrimination against immigrants of North African origin, Roma, and other ethnic minorities remained a problem. Many observers, including the Defender of Rights and the CNCDH, expressed concern that discriminatory hiring practices in both the public and private sectors deprived minorities from sub-Saharan Africa, the Maghreb, the Middle East, and Asia of equal access to employment.

On February 12, the Ministry of Interior announced the government registered 1,137 hate crimes involving threats or violence in 2018, a 20 percent increase from the number recorded in 2017. This overall increase stemmed entirely from the surge in anti-Semitic acts, which numbered 541, up 74 percent from 2017. Anti-Muslim acts and other acts of racism actually decreased during the same period. The Ministry registered 100 anti-Muslim acts, down 17 percent from 2017, and 496 other acts of racism, down 4 percent from 2017.

Government observers and NGOs, including the French Council for the Muslim Religion and the Collective against Islamophobia, reported a number of anti-Muslim incidents during the year, including slurs against Muslims, attacks on mosques, and physical assaults. The number of registered violent acts of racism against Muslims decreased from 73 in 2017 to eight in 2018. Over the same period, threats against the Muslim community increased by 12 percent, while total anti-Muslim acts declined 17 percent, from 121 to 100, the lowest level since 2010.

On October 28, a man shot and seriously injured two elderly men who spotted him trying to set fire to the door of the mosque in Bayonne in southwestern France. President Macron, Interior Minister Castaner, and National Rally leader Marine Le Pen, among others, all condemned the attack. As of October 31, the suspect, 84-year-old Claude Sinke, had been placed in custody for attempted murder, and judicial police had opened an investigation.

Under the counterterrorism law, prefects have authority to close places of worship “in which statements are made, ideas or theories are disseminated, or activities take place that lead to violence, hatred or discrimination, provoke the commission of acts of terrorism, or make apologies for such acts.” On May 16, the minister of the interior stated that since 2018, the Ministry of Interior had closed 27 places of worship on this basis, of which 20 were still closed as of October. In June the Muslim Rights Action group published a report calling the closures “collective punishment” and a violation of religious liberty.

Beginning on February 7, the prefect of Isere closed the al-Kawthar Mosque in Grenoble for a period of six months. According to the Ministry of Interior, the mosque’s YouTube channel posted videos that incited hatred and violence towards Christians and Jews, the imam’s sermons justified armed jihad, and the mosque was frequented by known extremists.

On July 18, Le Point magazine reported the Interior Ministry had during the year expelled 44 radicalized foreigners as of that month. While the article did not provide deportation figures for 2018, it reported the country deported just 20 radicalized foreigners in 2017.

Societal hostility against Roma, including Romani migrants from Romania and Bulgaria, continued to be a problem. There were reports of anti-Roma violence by private citizens. Romani individuals, including migrants, experienced discrimination in employment. Government data estimated there were 20,000 Roma in the country.

On June 29, the CNCDH highlighted in its annual report that intolerance of Roma remained particularly stark and had changed little since 2016. The 2018 report noted the presence of “intensified racism” leading to abuse of the fundamental rights of the Roma and that anti-Roma sentiment in the country was expressed both by public “rejection of [their] cultural differences” and the perception that Roma posed a “threat to the national [security] order.” The report also cited authorities’ “ambiguous policy towards slum dismantling,” which in turn encouraged “organized wandering” by members of the Romani community.

In March, Romani camps near Paris faced a series of attacks from groups wielding makeshift weapons after false rumors spread that Roma were kidnapping children from Paris’ poorer suburbs. In April a 19-year-old French man received an 18-month sentence for participating in the attacks and was ordered to pay 3,000 euros ($3,300) in compensation to each of the victims. On July 3, the Bobigny criminal court found six men guilty of planning an attack against a Romani camp near Paris. Four of the men received five- to six-month sentences; the other two received five-month suspended sentences.

Authorities continued to dismantle camps and makeshift homes inhabited by Roma. According to Romeurope data, authorities evicted 9,688 Roma from 171 different localities in 2018, a 14.3 percent decrease from the previous year.

Citizens, asylum seekers, and migrants may report cases of discrimination based on national origin and ethnicity to the Defender of Rights. According to the most recent data available, the office received 5,631 discrimination claims in 2018, 14.9 percent of which concerned discrimination based on ethnic origin.

The government attempted to combat racism and discrimination through programs that promoted public awareness and brought together local officials, police, and citizens. Some public school systems also managed antidiscrimination education programs.

The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, nationality laws, and access to government services. Authorities pursued and punished perpetrators of violence based on sexual orientation or gender identity. The statute of limitations is 12 months for offenses related to sex, sexual orientation, or gender identity.

According to an online survey of 1,229 LGBTI individuals, more than one-half reported having been victims of homophobic, biphobic, or transphobic behavior. The survey was conducted by the French Institute of Public Opinion between April 12 and April 24.

Anti-LGBTI acts in the country increased by 15.5 percent in 2018, compared with 2017, according to an annual report published on May 14 by the domestic NGO SOS-Homophobie. The results marked the third consecutive year that the number of reported anti-LGBTI acts increased in the country. The NGO stated it received 1,905 reports of anti-LGBTI incidents of all types in 2018, compared with 1,650 incidents in 2017. The data reflected a 66 percent increase in reports of physical assaults in 2018, to 231 cases, compared with 139 cases in 2017. The majority of victims were men (73 percent) and 34 years of age or younger in cases where the victim’s age was known (56 percent). The report noted there was a 42 percent increase in anti-lesbian incidents, and that 23 percent of anti-LGBTI incidents occurred on the internet.

On July 18, 12 students of the Catholic Institute of Higher Studies faced trial in the criminal court of La Roche-sur-Yon (Loire Region) for destroying a display during the International Day against Homophobia, Transphobia, and Biphobia on May 18. Three students were previously expelled from the university, and their appeal to the Catholic bishop of the diocese was denied, with the bishop stating that the expulsions were “justified and proportionate to the gravity of each individual’s misconduct.” In response to the incident, La Roche-sur-Yon mayor Luc Bouard hosted an antihomophobia demonstration with more than 800 participants.

On July 27, a same-sex couple was hospitalized near Lyon after a group of approximately 20 persons armed with iron bars attacked and shouted homophobic slurs at them. The couple fled to a nearby building where they took refuge and called police. When police arrived shortly thereafter, they were also attacked by men with iron bars. Police dispersed the mob using tear gas, and the couple was then able to be taken to the hospital. The prosecutor opened an inquiry for aggravated violence.

Human rights organizations such as Inter-LGBTI criticized the government for continuing to require transgender persons to go to court to obtain legal recognition of their gender identity.

On May 22, the Paris Criminal Court convicted a man of “assault on the basis of sexual orientation or gender identity.” The defendant was filmed punching a transgender woman near a Paris metro station on March 31. He was sentenced to 10 months in prison (four of them on parole), issued a restraining order, and fined 8,000 euros ($8,800).

India

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

Rape and Domestic Violence: The law criminalizes rape in most cases, although marital rape is not illegal when the woman is older than 15. Official statistics pointed to rape as one of the country’s fastest-growing crimes, prompted at least in part by the increasing willingness of victims to report rapes, although observers believed the number of rapes remained vastly underreported. According to one study, based on the government’s National Family Health Survey, an estimated 99 percent of rape cases went unreported.

Law enforcement and legal recourse for rape victims were inadequate, and the judicial system was overtaxed and unable to address the problem effectively. Police sometimes worked to reconcile rape victims and their attackers; in some cases they encouraged female rape victims to marry their attackers. The NGO International Center for Research on Women noted that low conviction rates in rape cases was one of the main reasons sexual violence continued unabated. The NGO Lawyers Collective noted the length of trials, lack of victim support, and inadequate protection of witnesses and victims remained major concerns. Doctors continued to carry out an invasive “two-finger test” to speculate on sexual history, despite the Supreme Court’s ruling that the test violated a victim’s right to privacy.

Incidents of rape continued to be a persistent problem, including gang rape, rape of minors, and rape by government officials. On July 12, the NHRC notified the government of Haryana of the alleged rape of a student by her teacher in Haryana’s Panipat District. The teacher threatened the girl to keep quiet after she became pregnant. Police were conducting an investigation.

In August 2018 parliament passed the Criminal Law (Amendment) Bill to increase the minimum mandatory punishments for rape from seven years’ to 10 years’ imprisonment. The minimum sentence for the rape of a girl younger than 16 increased from 10 years’ to between 20 years’ and life imprisonment; the minimum sentence of gang rape of a girl younger than 12 was punishable by either life imprisonment or the death penalty. On February 19, the MHA launched the Investigation Tracking System for Sexual Offences, an online analytic tool for states and union territories to monitor and track time-bound investigations in sexual assault cases in accordance with Criminal Law (Amendment) Act 2018.

Incidents of gang rape of minors remained prevalent. On June 9, six individuals, including four police officials, were convicted for a 2018 gang rape and murder of a girl in Jammu and Kashmir. Another accused was a minor and is to be tried in a juvenile court.

On November 28, the burned body of a woman was found in Shadnagar, a town in Telangana State. The woman, a 27-year-old veterinary student, had been approached by a group of men in Hyderabad when her motorbike had a flat tire. The men agreed to assist her and lured her to a secluded spot where they gang-raped and killed her. Her body was subsequently wrapped in a blanket, doused with kerosene, and set ablaze in an underpass. Four men were arrested on November 28. Nationwide protests erupted in response to the incident, calling for an end to violence against women, and in some cases, protesters asked for the accused to be handed over to them. On December 6, all four of the accused were shot and killed by police as they purportedly tried to flee during a crime scene reconstruction.

Women in conflict areas, such as in Jammu and Kashmir, the Northeast, Jharkhand, and Chhattisgarh, as well as vulnerable Dalit or tribal women, were often victims of rape or threats of rape. National crime statistics indicated Dalit women were disproportionately victimized compared with other caste affiliations. After the abrogation of Article 370 canceled the region’s autonomy, removing provisions that blocked non-Kashmiris from owning land, Uttar Pradesh BJP Legislative Assembly member Vikram Saini was quoted as saying, “Muslim Party workers should rejoice in the new provisions. They can now marry the white-skinned women of Kashmir.” Media reports related instances of soldiers threatening Kashmiri families with taking away their daughters for marriage.

Domestic violence continued to be a problem. The latest available NCRB data estimated the conviction rate for crimes against women was 23 percent. Acid attacks against women continued to cause death and permanent disfigurement. In February 2018 the Delhi government announced it would cover 100 percent of the medical expenses for victims of acid attacks in all private hospitals within the National Capital Territory of Delhi. In May 2018 the Supreme Court approved assistance for victims of acid attacks under the Compensation Scheme for Women Victims, Survivors of Sexual Assault, and Other Crimes 2018. The scheme outlined a maximum assistance of 800,000 rupees ($11,500) for injuries from acid attacks.

The government made efforts to address the safety of women. In August 2018 the minister of state for women and child development told the lower house of parliament the government allocated 29 billion rupees ($410 million) toward enhancing women’s safety in eight cities, including New Delhi, Mumbai, and Chennai. Projects included increased surveillance technology, capacity building, and awareness campaigns. In August the Tamil Nadu government began the “Amma Patrol,” a dedicated 40-vehicle unit to provide rapid response to prevent violence against women and girls. The state cofunds the program with the Ministry of Women and Child Development and the MHA.

On June 28, the minister for women and child development, Smriti Irani, told the lower house of parliament that 462 one-stop crisis centers for women were set up during the previous three years, including 291 since 2018. More than 220,000 women sought support from the centers. The centers provide medical, legal, counseling, and shelter services for women facing violence. In September 2018 the government launched an online National Database on Sexual Offenders. The registry included accused and convicted sexual offenders. Only police and legal authorities had access to data.

On April 23, the Supreme Court directed the Gujarat government to pay five million rupees ($70,400) compensation to Bilkis Bano, a rape survivor of the Gujarat 2002 riots. During the communal riots, a pregnant Bano was gang-raped, and 14 members of her family, including her two-year old daughter and mother, were killed. After the court trial, the 12 persons accused were convicted and sentenced to life imprisonment. On September 30, the Supreme Court gave the Gujarat government two weeks to pay Bano, besides providing her a job and government accommodation. The court passed the order after it was apprised by Bano’s legal counsel that the amount had not been paid to her, despite the court’s April order.

The Muslim Women (Protection of Rights on Marriage) Bill 2019 banned the practice of “triple talaq” or instant divorce effective August 1. Some women seeking relief under this law experienced domestic violence. For example, on August 19, a 22-year-old woman in Shravasti District of Uttar Pradesh was burned alive by her husband and in-laws for approaching police after the man gave the woman “triple talaq.” Criminal charges were filed against the family on August 22.

Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, between 70 and 90 percent of Dawoodi Bohras, a population of approximately one million concentrated in the states of Maharashtra, Gujarat, Rajasthan, and Delhi, practiced FGM/C.

In July 2018 the Supreme Court heard a public interest case seeking to ban the practice of FGM/C. The government, represented by Attorney General K. K. Venugopal, told the court that it supports the petitioners’ plea that the practice be punishable under the provisions of the Indian Penal Code and the Protection of Children from Sexual Offenses Act. Days after a September 2018 meeting between the prime minister and the spiritual head of the Dawoodi Bohra community, who supports the practice of FGM/C, the government reportedly reversed its position, and the attorney general stated the matter should be referred to a five-member panel of the Supreme Court to decide on the issue of religious rights and freedom.

Other Harmful Traditional Practices: The law forbids the acceptance of marriage dowry, but many families continued to offer and accept dowries, and dowry disputes remained a serious problem. NCRB data showed that authorities arrested 20,545 persons for dowry deaths in 2016. Most states employed dowry prohibition officers. A 2010 Supreme Court ruling makes it mandatory for all trial courts to charge defendants in dowry-death cases with murder. “Sumangali schemes” affected an estimated 120,000 young women. This labor scheme, named after the Tamil word for “happily married woman,” is a form of bonded labor in which young women or girls work to earn money for a dowry to be able to marry. The promised lump-sum compensation is normally withheld until the end of a contractual agreement to work three to five years of employment and sometimes goes partially or entirely unpaid. While in bonded labor, employers reportedly subjected women to serious workplace abuses, including severe restrictions on freedom of movement and communication, sexual abuse, sexual exploitation, and sex trafficking.

“Sumangali schemes” affected an estimated 120,000 young women. This labor scheme, named after the Tamil word for “happily married woman,” is a form of bonded labor in which young women or girls work to earn money for a dowry to be able to marry. The promised lump-sum compensation is normally withheld until the end of a contractual agreement to work three to five years of employment and sometimes goes partially or entirely unpaid. While in bonded labor, employers reportedly subjected women to serious workplace abuses, including severe restrictions on freedom of movement and communication, sexual abuse, sexual exploitation, and sex trafficking.

So-called honor killings remained a problem, especially in Punjab, Uttar Pradesh, and Haryana; they were usually attributable to the victim’s marrying against his or her family’s wishes. In March 2018 the Supreme Court ordered state governments to identify districts, subdivisions, and villages that witnessed incidents of honor killings to take remedial, preventive, and punitive measures to stop these crimes. In addition, the Supreme Court ruled that state governments must create special cells in all districts for individuals to report harassment and threats to couples of intercaste marriage.

On August 27, a court issued Kerala’s first-ever conviction in an honor-killing case and sentenced 10 individuals to “double imprisonment” for the killing of a 24-year-old Dalit, Christian Kevin Joseph. The man had eloped with a woman from another caste and married her despite her family’s rejection of the relationship. The woman’s brother was among those convicted, while her father was among four others acquitted for lack of evidence. In its ruling the court noted the continuing prevalence of caste prejudice in Indian society.

There were reports women and girls in the devadasi system of symbolic marriages to Hindu deities (a form of so-called “ritual prostitution”) were victims of rape or sexual abuse at the hands of priests and temple patrons, including sex trafficking. NGOs suggested families exploited some girls from lower castes in sex trafficking in temples to mitigate household financial burdens and the prospect of marriage dowries. Some states have laws to curb sex trafficking and sexual abuse of women and girls in temple service. Enforcement of these laws remained lax, and the problem was widespread. Some observers estimated more than 450,000 women and girls were exploited in temple-related prostitution.

On August 20, the Andhra Pradesh High Court acting chief justice, C. Praveen Kumar, expressed concern over the poor implementation of the Andhra Pradesh Devadasi (Prohibition of Dedication) Act, 1988, noting that there were no convictions in the state under the act. In Telangana, about 2,000 women remained bound under the Jogini system, as the devadasi system is known in the state.

No federal law addresses accusations of witchcraft; however, authorities may use other legal provisions as an alternative for a victim accused of witchcraft. Most reports stated villagers and local councils usually banned those accused of witchcraft from the village. Bihar, Odisha, Chhattisgarh, Rajasthan, Assam, and Jharkhand have laws criminalizing persons who accuse others of witchcraft. In 2018 a total of 73 cases of witchcraft, including 18 deaths, were reported from Odisha.

On March 17, Adarmani Hansda, a tribal woman from Ishwarpur village in West Bengal, was killed and four others injured after a village court accused them of practicing witchcraft. According to media reports, Hansda allegedly used “black magic” to cause several individuals to become ill in the village. Police rescued the four other women and admitted them to the hospital.

Sexual Harassment: Sexual harassment remained a serious problem. Authorities required all state departments and institutions with more than 50 employees to operate committees to prevent and address sexual harassment, often referred to as “eve teasing.” By law sexual harassment includes one or more unwelcome acts or behavior, such as physical contact, a request for sexual favors, making sexually suggestive remarks, or showing pornography. Employers who fail to establish complaint committees face fines of up to 50,000 rupees ($700).

Coercion in Population Control: There were reports of coerced and involuntary sterilization. The government has promoted female sterilization as a form of family planning for decades and, as a result, it made up 86 percent of contraceptive use in the country. Some women, especially poor and lower-caste women, reportedly were pressured by their husbands and families to have tubal ligations or hysterectomies. The government provided monetary compensation for the wage loss, transportation costs, drugs and dressing, and follow-up visits to women accepting contraceptive methods, including voluntary sterilization. There were no formal restrictions on access to other forms of family planning; however, despite recent efforts to expand the range of contraceptive choices, voluntary sterilization remained the preferred method due to the costs and limited availability of alternative contraceptive choices.

Policies penalizing families with more than two children remained in place in seven states, but some authorities did not enforce them. There were reports that these policies created pressure on women with more than two children to use contraception, including permanent methods such as sterilization, or even termination of subsequent pregnancies. Certain states maintained government reservations for government jobs and subsidies for adults with no more than two children and reduced subsidies and access to health care for those who have more than two. According to the NGO Lawyers Collective, such policies often induced families to carry out sex selection for the second birth to assure they have at least one son without sacrificing future eligibility for political office.

To counter sex selection, almost all states introduced “girl child promotion” schemes to promote the education and well-being of girls, some of which required a certificate of sterilization for the parents to collect benefits.

Discrimination: The law prohibits discrimination in the workplace and requires equal pay for equal work, but employers reportedly often paid women less than men for the same job, discriminated against women in employment and credit applications, and promoted women less frequently than men.

Many tribal land systems, including in Bihar, deny tribal women the right to own land. Other laws or customs relating to the ownership of assets and land accord women little control over land use, retention, or sale.

Gender-biased Sex Selection: According to the most recent census (2011), the national average male-female sex ratio at birth was 106 to 100. On June 27, Minister for Women and Child Development Smriti Irani informed the upper house of parliament that reports from the Health Management Information System of the Ministry of Health and Family Welfare revealed the male/female sex ratio at birth improved from 108.3 to 100 to 107.4 to 100. The law prohibits prenatal sex selection, but authorities rarely enforced it. In March 2018 the government announced the expansion of the Beti Bachao Beti Padhao (Save the Daughter, Educate the Daughter) project in all 640 districts across the country. The Ministry of Finance, also in 2018, issued a report that indicated 63 million women were statistically “missing” due to sex-selective abortions. The government launched the program in 2015 to prevent gender-biased sex selection, promote female education, and ensure the survival and protection of girls. Government data revealed sex ratio at birth showed improving trends in 104 out of 161 districts between 2015 and 2017. In January media outlets quoted government figures declared in parliament by Minister of State for Women and Child Development Virendra Kumar to report that more than 56 percent of funds for the program were utilized in media and advertisement-related activities, and less than 25 percent were distributed to states and districts for program implementation. The reports alleged the government failed to release more than 19 percent of the funds.

According to media reports, the taboo and fear of giving birth to a girl child drove some women toward sex-selective abortion or attempts to sell the baby. Dowry, while illegal, carried a steep cost, sometimes bankrupting families. Women and girl children were ostracized in some tribal communities.

In July the Uttarakhand government ordered a probe after media reports highlighted that not a single girl child was born among 65 children in 16 villages in the last six months. Authorities suspected that health facilities were conducting illegal sex determination tests and abortions.

Birth Registration: The law establishes state government procedures for birth registration. UNICEF estimated authorities registered 58 percent of national births each year. Children lacking citizenship or registration may not be able to access public services, enroll in school, or obtain identification documents later in life.

Education: The constitution provides free education for all children from ages six to 14, with a compulsory education age up through age 15, but the government did not always comply with this requirement. The World Economic Forum’s 2018 Gender Gap Report revealed that enrollment rates for both male and female students dropped by nearly 30 percent between primary and secondary school. Additionally, the report found that, while girls had a slight lead in primary and secondary education enrollment rates, boys had greater educational attainment at all levels. The NGO Pratham’s 2018 Annual Status of Education Report noted in January that the percentage of out-of-school girls decreased in the 11-14 age group and the 15-16 age group: 4.1 percent of girls in the 11-14 age group dropped out of school in 2018, compared with 10.3 percent in 2006. For girls in the 15-16 age group, the percentage dropped to 13.5 percent in 2018 from 22.6 percent in 2006. Children from marginalized groups also faced barriers to accessing education. Teachers sometimes subjected these children to discrimination and harassment.

According to UNICEF more than 60 percent of secondary-school-age children with disabilities did not attend school. Additionally, as the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.

Child Abuse: The law prohibits child abuse, but it does not recognize physical abuse by caregivers, neglect, or psychological abuse as punishable offenses. Although banned, teachers often used corporal punishment. The government often failed to educate the public adequately against child abuse or to enforce the law.

On September 26, a Supreme Court-appointed juvenile justice committee released a report stating that since August 5, police in Jammu and Kashmir had detained 144 children younger than 18, including a nine-year-old. The children were often detained because of allegations they were throwing stones at law enforcement officers. Many of the detained children were reportedly from the city of Srinagar in Kashmir. Police reportedly informed the committee that all children arrested and lodged in police stations were released on the same day, apart from two children who remained in juvenile homes. One of those two juveniles was reportedly released in mid-October while, as of early November, the other remained detained.

The government sponsored a toll-free 24-hour helpline for children in distress.

Early and Forced Marriage: The law sets the legal age of marriage for women at 18 and men at 21, and it empowers courts to annul early and forced marriages. The law does not characterize a marriage between a girl younger than 18 and a boy younger than 21 as “illegal,” but it recognizes such unions as voidable. The law also sets penalties for persons who perform, arrange, or participate in child marriages. Authorities did not consistently enforce the law nor address girls who were raped being forced into marriage.

According to international and local NGOs, procedural limitations effectively left married minors with no legal remedy in most situations. According to the Ministry of Home Affairs’ 2015-2016 National Family Health Survey, 27 percent of women between 20 and 24 married before the age of 18, and 2017 UNICEF data revealed 7 percent of the same group of women married before the age of 15.

The law establishes a full-time child-marriage prohibition officer in every state to prevent child marriage. These individuals have the power to intervene when a child marriage is taking place, document violations of the law, file charges against parents, remove children from dangerous situations, and deliver them to local child-protection authorities.

Sexual Exploitation of Children: The law prohibits child pornography and sets the legal age of consent at 18. It is illegal to pay for sex with a minor, to induce a minor into prostitution or any form of “illicit sexual intercourse,” or to sell or buy a minor for the purposes of prostitution. Violators are subject to 10 years’ imprisonment and a fine.

Special courts to try child sexual abuse cases existed in all six Delhi courts. Civil society groups observed, however, that large caseloads severely limited judges’ abilities to take on cases in a timely manner. Lack of training in handling forensic evidence also adversely affected case handling.

NGOs noted a significant increase of death penalty sentences for those convicted of egregious cases of sexual assault of children. In 2018 trial courts sentenced 162 persons to death, which was the highest in two decades. At the same time, the Supreme Court commuted death sentences in 11 out of 12 cases that came before it. Supreme Court justice Kurian Joseph expressed concern about the constitutionality of the death penalty in an opinion, highlighting that the death penalty lacks deterrent and reformatory purpose. NGOs suggested within a dominantly punitive environment, the Supreme Court judge’s views were indicative of the understanding of how punitive justice may not be as effective as is widely presumed.

In May the Delhi High Court examined the extended delays of child sexual abuse cases in Delhi, numbering 6,414 cases, and directed the Delhi government to establish 18 more fast-track courts to address pending cases.

The movement toward harsher punishments for child sexual abuse continued. On August 1, parliament passed the Protection of Children from Sexual Offences (Amendment) Bill, 2019. The act seeks to protect children from offenses such as sexual assault, sexual harassment, and pornography and provides stringent punishment for sexual crimes against children and death penalty in cases of aggravated sexual assault.

Child Soldiers: No information was available on how many persons younger than 18 were serving in the armed forces. The UN Children and Armed Conflict report outlined allegations that at least five children were recruited by, and joined, militant groups in Jammu and Kashmir and at least two of these children were killed in encounters with security forces. NGOs estimated at least 2,500 children were associated with insurgent armed groups in Maoist-affected areas as well as insurgent groups in Jammu and Kashmir.

Displaced Children: Displaced children, including refugees, IDPs, and street children, faced restrictions on access to government services (see also section 2.d.).

Institutionalized Children: Lax law enforcement and a lack of safeguards encouraged an atmosphere of impunity in a number of group homes and orphanages.

The National Commission for the Protection of Child Rights estimated that 1,300 of the country’s approximately 9,000 shelters for vulnerable individuals were not registered with the government and operated with little or no oversight. In several cases government-funded shelter homes continued to operate despite significant gaps in mandatory reporting and allegations of abuse, at times due to alleged political connections. Police documented at least 156 residents, including sex trafficking victims, missing from six shelters as of March; at least one shelter owner had reportedly sold some of the women and girls for prostitution.

A 2018 report by the Tata Institute of Social Sciences documented abuse “varying in forms and degrees of intensity” that was reported to be prevalent in almost all 110 government-funded women- and child-care institutions surveyed in Bihar State. The report noted “grave concerns” in 17 institutions that required immediate attention. NGOs commended the Bihar government for undertaking the study and allowing the investigator full authority and independence to report on all institutions in the state. The Supreme Court was overseeing investigations into the shelter-home abuse cases. NGOs reported some subsequent positive actions by some state governments to address these reports. As of January the CBI had only initiated investigations into nine of the 17 homes.

The Calcutta Research Group reported police sometimes separated families detained at the India-Bangladesh border in the state of West Bengal by institutionalizing children in juvenile justice homes with limited and restricted access to their families.

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

Jewish groups from the 4,650-member Jewish community cited no reports of anti-Semitic acts during the year.

The Gujarat government accorded the Jewish community minority status, making the community eligible for government entitlements for faith minorities in 2018.

Trafficking in Persons

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

The constitution does not explicitly mention disability. The law provides equal rights for persons with a variety of disabilities, and the Rights of Persons with Disabilities Act 2016 increased the number of recognized disabilities, including persons with Parkinson’s disease and victims of acid attacks. The law set a two-year deadline for the government to provide persons with disabilities with unrestricted free access to physical infrastructure and public transportation systems.

The law also reserves 3 percent of all educational places and 4 percent of government jobs for persons with disabilities. The government allocated funds to programs and NGOs to increase the number of jobs filled. In 2017 a government panel decided that private news networks must accompany public broadcasts with sign language interpretations and closed captions to accommodate persons with disabilities.

Despite these efforts, problems remained. Private-sector employment of persons with disabilities remained low, despite governmental incentives. Discrimination against persons with disabilities in employment, education, and access to health care was more pervasive in rural areas, and 45 percent of the country’s population of persons with disabilities were illiterate. There was limited accessibility to public buildings.

The Ministry of Health and Family Welfare estimated 25 percent of individuals with mental disabilities were homeless. Mainstream schools remained inadequately equipped with teachers trained in inclusive education, resource material, and appropriate curricula. Patients in some mental-health institutions faced food shortages, inadequate sanitary conditions, and lack of adequate medical care. HRW reported women and girls with disabilities occasionally were forced into mental hospitals against their will.

On February 11, the government of Andhra Pradesh issued an order increasing the quota for recruitment and promotion for persons with disabilities from the existing 3 percent to 4 percent. The new order defined persons with disabilities to include persons with autism, mental disorders, multiple disabilities, and intellectual disabilities.

In Odisha participation of persons with disabilities in the works the state government executed under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) increased during the year ending in March, compared with the preceding 12 months. While 83 persons with disabilities secured 100 days of employment during 2017-2018, 105 persons secured employment in 2018-2019. According to state government officials, a coordinator has been appointed at different levels of administration in each district to work toward increasing the participation of persons with disabilities and other vulnerable groups in the MGNREGA program.

The constitution prohibits caste discrimination. The registration of castes and tribes continued for the purpose of affirmative action programs, as the federal and state governments continued to implement programs for members of lower-caste groups to provide better-quality housing, quotas in schools, government jobs, and access to subsidized foods. Data published in the UN’s 2019 Multidimensional Poverty Index showed a “positive trend” between 2006 and 2016 that lifted 271 million people out of poverty. Previous reports showed Muslims, members of the Scheduled Tribes, and Dalits experienced the greatest reduction in poverty. Discrimination based on caste, however, remained prevalent, particularly in rural areas. Critics claimed many of the programs to assist the lower castes suffered from poor implementation, corruption, or both.

The term Dalit, derived from Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest of the Scheduled Castes (SC). According to the 2011 census, SC members constituted 17 percent of the population (approximately 200 million persons).

Although the law protects Dalits, there were numerous reports of violence and significant discrimination in access to services, such as health care and education, access to justice, freedom of movement, access to institutions such as temples, and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits, and those who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without monetary remuneration. Reports from the UN Committee on the Elimination of Racial Discrimination described systematic abuse of Dalits, including extrajudicial killings and sexual violence against Dalit women. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.

Dalit rights activists in Telangana decried the role that village development committees (VDCs) played in the state. Activists alleged that upper-caste individuals–who controlled most VDCs, which acted as parallel institutions to democratically elected village councils–often resorted to social boycott of Dalits who questioned decisions taken by the VDCs. According to a February 25 news report, Dalits of a village in Nizamabad District faced social boycott for 62 days on the orders of a VDC dominated by upper-caste individuals. The VDC ordered the boycott following a dispute over construction of a library on a piece of land given to the Dalits.

NGOs reported Dalit students were sometimes denied admission to certain schools because of their caste, required to present caste certification prior to admission, barred from morning prayers, asked to sit in the back of the class, or forced to clean school toilets while being denied access to the same facilities. There were also reports teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.

Manual scavenging–the removal of animal or human waste by Dalits–continued despite its legal prohibition. HRW reported that children of manual scavengers faced discrimination, humiliation, and segregation at village schools. Their occupation often exposed manual scavengers to infections that affected their skin, eyes, respiratory, and gastrointestinal systems. Health practitioners suggested children exposed to such bacteria were often unable to maintain a healthy body weight and suffered from stunted growth.

On June 14, seven persons, including four sanitation workers, died of asphyxiation while cleaning a septic tank in a hotel in Dabhoi town of Vadodara District in Gujarat. Police arrested the hotel owner on charges of murder and violation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act. The Gujarat government announced financial assistance for the families of the victims.

The constitution provides for the social, economic, and political rights of disadvantaged groups of indigenous persons. The law provides special status for indigenous individuals, but authorities often denied them their rights.

In most of the northeastern states, where indigenous groups constituted the majority of the states’ populations, the law provides for tribal rights, although some local authorities disregarded these provisions. The law prohibits any nontribal person, including citizens from other states, from crossing a government-established inner boundary without a valid permit. No one may remove rubber, wax, ivory, or other forest products from protected areas without authorization. Tribal authorities must also approve the sale of land to nontribal persons.

On February 13, the Supreme Court ordered the eviction of forest dwellers in 21 states. Media reported more than 1.3 million land claims, each potentially representing a household, had been rejected. Experts estimated that the legal order could result in more than eight million tribal people leaving forest areas that their ancestors have inhabited for centuries. The Supreme Court later stayed the eviction order until November 26 and ordered the 21 states to file affidavits with details on how they had processed claims.

In September 2018 the Supreme Court decriminalized same-sex relations in a unanimous verdict. Activists welcomed the verdict but stated it was too early to determine how the verdict would translate into social acceptance, including safe and equal opportunities at workspaces and educational institutions.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced physical attacks, rape, and blackmail. LGBTI groups reported they faced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police committed crimes against LGBTI persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.

On August 28, the Tamil Nadu state government issued an order banning sex-reassignment surgeries on intersex infants and children, except under life-threatening circumstances. The order follows a ruling from the Madras High Court in April, in which the court observed that a parent’s consent could not be considered the consent of the child. The April ruling acknowledged a World Health Organization report, which referred to sex-reassignment surgery of intersex individuals as “intersex genital mutilation.” As part of the court direction, Tamil Nadu’s director of medical education has to constitute a four-member committee to assess individual cases before determining whether reassignment surgery falls under the life-threatening circumstances exception.

Three transgender candidates contested the elections to the Odisha state legislature in April. Although none of them won, activists stated their presence was a step forward in the political empowerment of the transgender community after the 2014 Supreme Court verdict recognized the transgender community.

The number of new HIV cases decreased by 57 percent over the past decade. According to official government records, there were 191,493 newly diagnosed cases in 2017. The epidemic persisted among the most vulnerable and high-risk populations that include female sex workers, men who have sex with men, transgender persons, and persons who inject drugs. UNAIDS 2018 data indicated that new HIV infections were declining among sex workers and men who have sex with men, although stigma related to key populations continued to limit their access to HIV testing and treatment. The data showed 79 percent of individuals were aware of their HIV status and that 71 percent living with HIV were on HIV treatment.

The National AIDS Control Program prioritized HIV prevention, care, and treatment interventions for high-risk groups and advocated for the rights of persons living with HIV. Antiretroviral drug stock outages in a few states led to treatment interruption. The National AIDS Control Organization worked actively with NGOs to train women’s HIV/AIDS self-help groups. Police engaged in programs to strengthen their role in protecting communities vulnerable to human rights violations and HIV.

In September 2018 the Ministry of Health announced the creation of rules to implement the HIV and AIDS (Prevention and Control) Bill, 2017 in response to a public interest litigation filed with the Delhi High Court. The bill was designed to prevent discrimination in health care, employment, education, housing, economic participation, and political representation for those with HIV and AIDS.

Societal violence based on religion and caste and by religiously associated groups continued to be a serious concern. Muslims and lower-caste Dalit groups continued to be the most vulnerable. MHA data for 2016-2017 showed that 703 incidents of communal (religious) violence occurred in which 86 persons were killed and 2,321 injured. According to the NHRC, there were 672 cases of discrimination and victimization against Scheduled Castes and 79 cases against minorities in 2018-2019.

On June 18, a mob attacked 24-year-old Tabrez Ansari in Jharkhand for allegedly stealing a motorcycle. The police rescued Ansari from the mob, but he died of his injuries in the hospital. The police arrested 11 persons and suspended two police officials, but police dropped murder charges against the accused, contending that Ansari had died of cardiac arrest due to stress. In September, after allegations of attempted tampering of the case, police reversed their request and submitted supplementary charges in September, seeking punishment for the accused.

On July 17, the Madhya Pradesh state assembly passed the Anti-Cow Slaughter Amendment Act of 2019 that includes imprisonment of six months to three years and a fine of 25,000-50,000 rupees ($350-$700) for those convicted of committing violence in the name of cow protection. The amended law allows cattle transportation from Madhya Pradesh to other states with special permission, a reversal from earlier provisions.

Media outlets reported more than 20 instances of mob lynching of individuals believed to be child abductors. On August 27, two brothers taking their nephew to a doctor were attacked by a mob in Sambhal, Uttar Pradesh, on the suspicion of being child abductors. One of the men died in the attack. Police arrested five persons who led the attack.

Nepal

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

Rape and Domestic Violence: Rape, including marital rape, is illegal, with minimum prison sentences that vary between five and 15 years, depending on the victim’s age. The law also mandates five years’ additional imprisonment in the case of gang rape, rape of pregnant women, or rape of a woman with disabilities. The victim’s compensation depends on the degree of mental and physical abuse.

Police and the courts were responsive in most cases when rape was reported, although several high-profile cases highlighted the government’s failure to secure justice for rape victims. In July 2018, 13-year-old Nirmala Panta was raped and killed in Kanchanpur district. A government panel that reviewed the police response found that investigators acted with grave negligence and destroyed key evidence in the case. In March the district court charged eight police personnel for tampering with evidence. As of September the case was unresolved. Human rights activists outside of Kathmandu expressed concern that police frequently refuse to register cases of gender-based violence, including occasionally rape cases. These groups reported that police often preferred to use mediation rather than criminal investigation to resolve conflicts. On October 1, allegations of rape against Speaker of Federal Parliament Krishna Bahadur Mahara led to his resignation at the request of Prime Minister Oli and the ruling Nepal Communist Party. As of November Mahara remained in police custody pending trial.

Domestic violence against women and girls remained a serious problem. NGOs reported that violence against women and girls, including early and forced marriage, was one of the major factors responsible for women’s relatively poor health, livelihood insecurity, and inadequate social mobilization and contributed to intergenerational poverty. The law allows for settling complaints of domestic violence through mediation with an emphasis on reconciliation. Authorities usually pursued prosecution under the act only when mediation failed.

The Nepal Police had women’s cells staffed by female officers in each of the country’s 77 districts to make it easier for women and girls to report crimes to police. According to the women and children service directorate, some women’s cells were not fully operational, but the Nepal Police, with assistance from foreign governments and NGOs, endeavored to build and improve their infrastructure and capacity. NGOs stated that despite improvements, resources and training to deal with victims of domestic violence and trafficking were insufficient. Although police guidelines call on officers to treat domestic violence as a criminal offense, this guidance was difficult to implement outside of the women’s cells due to entrenched discriminatory attitudes.

The government maintained service centers in 17 districts, rehabilitation centers in eight districts, and hospital-based one-stop crisis management centers in 17 districts to provide treatment, protection, and psychosocial and legal support for survivors of gender-based violence. Gender experts said the service centers have improved coordination among police, NHRC, National Women’s Commission, chief district officers, local authorities, community mediation centers, and NGOs working to address violence against women and girls.

Other Harmful Traditional Practices: The constitution criminalizes violence against or oppression of women based on religious, social, or cultural traditions and gives victims the right to compensation. The criminal code makes the practice of paying dowries illegal and imposes penalties of up to NRs 30,000 ($300), prison sentences of up to three years, or both. The legislation also criminalizes violence committed against one’s spouse in connection to a dowry, imposing fines of up to NRs 50,000 ($500), prison sentences of up to five years, or both. Additionally, the law stipulates that any psychological abuse of women, including asking for dowry, humiliation, physical torture, and shunning women for not providing a dowry, is punishable. Nevertheless, according to NGOs, dowries remained common, especially in the Terai region. Additionally, the practice of early and forced marriage, which remained prevalent, limited girls’ access to education and increased their susceptibility to domestic violence and sexual abuse, including sex trafficking. Early and forced marriages were especially common in the Dalit and Madhesi communities (see “Children” section). Government agencies documented incidents of dowry-related violence and forced marriage, recommended interventions, and occasionally rescued victims and offered them rehabilitation services.

Traditional beliefs about witchcraft negatively affected rural women, especially widows, the elderly, persons of low economic status, or members of the Dalit caste, despite a law specifically criminalizing discrimination and violence against those accused of witchcraft. There were no reported prosecutions under the law. Media and NGOs reported some cases of violence against alleged witches, and civil society organizations raised public awareness of the problem.

The law criminalizes acid attacks. The NGO Burns Violence Survivors Nepal documented two acid attacks from January to September.

The practice of “chhaupadi” (expelling women and girls from their homes during menstruation and sometimes following childbirth, including forcing women and girls to reside in cattle sheds) continued to be a serious problem despite a 2005 Supreme Court decision and 2008 guidelines from the Ministry of Women, Children, and Social Welfare outlawing the practice. In 2018 a law that formally criminalized the practice went into effect; it stipulates a punishment of up to three months’ imprisonment, a maximum fine of NRs 3,000 ($30), or both. Some local officials implemented various efforts to eliminate chhaupadi, including education campaigns and physical destruction of sheds, but stigma and tradition maintained the practice, particularly in rural western districts, where women periodically died from exposure to the elements. For example, local media reported that in January a woman died from exposure in her menstruation hut in Achham district, and two days later, a mother and her two children died of smoke inhalation while sleeping in her hut. On December 5, Nepal Police arrested an individual reportedly involved in the death of a woman in a menstruation hut, the first arrest of its kind since adoption of the 2018 law.

Sexual Harassment: The law allows the top administrative official in a district to impose up to six months imprisonment, a maximum fine of NRs 50,000 ($500), or both, against a perpetrator, once a series of internal workplace processes to address a complaint have been exhausted. According to women’s rights activists, the law provides adequate protective measures and compensation for victims, but the penalties are insufficiently severe and the law does not cover the informal sector, where sexual harassment is most common.

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

Discrimination: Although the law provides protection, women faced systemic discrimination, including in employment (see section 7.d.) and especially in rural areas. Dalit women in particular faced gender and caste discrimination. The law grants women equal shares of their parents’ inheritance and the right to keep their property after marriage, but many women were not aware of their rights, and others were afraid to challenge existing practice. The law also grants widows complete access and authority to the estate of their deceased husbands; the government did not take sufficient measures to enforce these provisions.

The Gender Equality Act adopted in 2006–along with more than 60 other laws–contains discriminatory provisions. For example, the law on property rights favors men in land tenancy and the division of family property. The constitution, however, confers rights for women that had not previously received legal protection, including rights equal to those of their spouses in property and family affairs, and special opportunities in education, health, and social security.

The constitution does not allow women to convey citizenship to their children independent of the citizenship of the child’s father and has no specific provision for naturalization of foreign husbands married to citizen wives.

For women and girls to obtain citizenship by descent for themselves, regulations require a married woman to submit a formal attestation from her husband, father, or husband’s family (if widowed) that she qualifies for citizenship and has his or their permission to receive it. This requirement makes a woman’s right to citizenship contingent on her father’s or husband’s cooperation. In many cases husbands refused to provide their wives this attestation. Preventing women from obtaining citizenship documentation precludes their access to the courts and thus their ability to make legal claims to land and other property, which permits the husband or male relatives free to stake their own claims.

Birth Registration: Constitutional provisions, laws, and regulations governing citizenship discriminated by the gender of the parent, which contributed to statelessness (see section 2.d., Statelessness). There was no difference in birth registration policies and procedures based on the sex of the child.

The constitution states that citizenship derives from one citizen parent, but it also stipulates that a child born to a citizen mother and a noncitizen father may obtain citizenship only through naturalization. In some cases, mothers faced extreme difficulties in securing citizenship papers for children of citizen parents, even when the mother possessed citizenship documents, except in cases in which the child’s father supported the application. These difficulties persisted despite a 2011 Supreme Court decision granting a child citizenship through the mother if the father was unknown or absent.

The constitution states that the children of unidentified fathers may obtain citizenship through their mothers, but if it is later determined that the father is a foreign citizen, the child will lose citizenship by descent but be eligible for naturalization. In practice many single women face difficulties registering their children as citizens by descent. The Supreme Court ruled in 2017 that government authorities must not deny the registration of birth and citizenship of children of citizen mothers and fathers who cannot be traced. According to human rights lawyers, although this provision applies to the children of single mothers, including rape and trafficking victims, it does not address situations in which the identity of a child’s father is known but he refuses to acknowledge paternity. The legal and practical restrictions on transferring citizenship imposed particular hardships on children whose fathers were deceased, had abandoned the family, or (as was increasingly common) departed the country to work abroad.

Since naturalization is not a fundamental right under the constitution, although it could be an option for those not eligible for citizenship by descent, it is subject to state discretion. Although they lack specific data, human rights lawyers reported that the government has processed few applications for naturalization of children in recent years.

Education: The constitution makes basic primary education free and compulsory nationwide. The law divides the education system into Basic Education (Early Childhood Development and grades one to eight), which is free and compulsory, and Secondary Education (grades nine to 12), which is free but not compulsory. The government reported that during the 2017-18 school year, 97.2 percent of school-age children attended primary schools with gender parity. A gender gap in secondary education persisted, with two-thirds of adolescent girls in rural areas reportedly not attending school.

Some children, particularly girls, face barriers to accessing education due to lack of sanitation facilities, geographic distance, costs associated with schooling, household chores, and lack of parental support. Countrywide, 32.4 percent of schools lack separate toilet facilities for girls, which can deter them from attending school, especially when they are menstruating. Barriers for attending school for school-age boys include pressure to find employment, migration to work outside the country, and issues with drugs and alcohol. Children with disabilities face additional barriers to accessing education, including denial of school admission. In addition, children are required to attend school only up to age 13. This standard makes children age 13 and older vulnerable to child labor despite not being legally permitted to work.

Medical Care: The government provided basic health care free to children and adults although parental discrimination against girls often resulted in impoverished parents giving priority to their sons when seeking medical services.

Child Abuse: Violence against children, including sexual abuse, was reportedly widespread. NGOs stated that such reports have increased in part due to greater awareness, but no reliable estimates of its incidence exist. The government has some mechanisms to respond to child abuse and violence against children, such as special hotlines and the National Child Rights Council.

Early and Forced Marriage: The law prohibits marriage for both boys and girls before the age of 20, but the country has a high rate of child marriage. According to UNICEF, more than a third of young women aged 20-24 reported they were married by the age of 18, and approximately 10 percent by age 15.

Social, economic, and cultural values promoted the practice of early and forced marriages, which was especially common in the Dalit and Madhesi communities. The law sets penalties for violations according to the age of the girls involved in child marriage. The penalty includes both a prison sentence and fine, with the fees collected going to the girl involved. The civil code provides that the government must act whenever a case of child marriage is filed with authorities.

Sexual Exploitation of Children: Commercial sexual exploitation of children remained a serious problem, according to NGOs. There were reports of boys and girls living on the streets and exploited in prostitution, including by tourists, and of underage girls employed in dance bars, massage parlors, and cabin restaurants (sometimes fronts for brothels). Enforcement was generally weak due to limited police investigation and capacity, and police sometimes arrested girls in commercial sexual exploitation. The minimum age for consensual sex is 18 years. The penalties for rape vary according to the age of the victim and the relationship.

There is no specific law against child pornography, but the law stipulates that no person can involve or use a child for an immoral profession, and photographs cannot be taken or distributed for the purpose of engaging a child in an immoral profession. Additionally, photographs that tarnish the character of the child may not be published, exhibited, or distributed. The legal framework, however, does not explicitly prohibit the use of a child in the production of pornography.

Displaced Children: Many children remained displaced due to the 2015 earthquake and its aftershocks (see section 2.d.). The government did not have comprehensive data on children affected by the decade-long Maoist conflict, including the original number of internally displaced and the number who remained displaced.

Institutionalized Children: Abuse, including sexual abuse, and mistreatment in orphanages and children’s homes reportedly was common. An NGO working in this field estimated that approximately one-third of registered children’s homes met the minimum legal standards of operation, but there is no reliable data on the many unregistered homes. NGOs reported some children in the institutions were forced to beg. The NGO also reported no significant change in the level or degree of abuse of children compared to previous years.

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

There was a small Jewish community in the country, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

The constitution prohibits discrimination based on disability or physical condition and contains additional specific rights for persons with disabilities. These include the right to free higher education for all physically disabled citizens who are “financially poor” and the provision of special instructional materials and curricula for persons with vision disabilities.

The government provides services for persons with physical and mental disabilities, including a monthly stipend, building shelters, and appointing one social welfare worker in each of 753 local governments. In 2017 parliament passed the Disability Rights Act, which provides that persons with disabilities have equal access to education, health, employment, public physical infrastructure, transportation, and information and communication services. The act also prohibits discrimination based on disability. Although government efforts to enforce laws and regulations to improve rights and benefits for persons with disabilities gradually improved, they still were not fully effective. For example, books printed in Braille were not available for students at all grade levels, and free higher education was not uniformly available to all interested persons with disability. According to the Ministry of Women, Children, and Senior Citizens, the government did “no additional work” in this area during the year.

The government provided monthly social security allowances for persons with disabilities of NRs 2,000 ($20) for those categorized as “profoundly” disabled, and NRs 600 ($6) for the “severely” disabled. The law states that other persons with disabilities should receive allowances based on the availability of funds and the degree of disability. Three provincial governments funded sign language interpreters in 20 districts to assist persons with hearing disabilities in obtaining government services. The government allocated approximately NRs 90 million ($900,000) from the national budget to fund programs for persons with disabilities, including grants to several disability-related organizations and a minimum budget to pay for community-based rehabilitation in all 77 districts.

The Ministry of Women, Children, and Senior Citizens was responsible for the protection of persons with disabilities. Compared with primary school attendance, relatively few children with disabilities attended higher levels of education, largely due to accessibility problems, school locations, and financial burdens on parents. Although abuse of children with disabilities reportedly occurred in schools, no reports of such incidents were filed in the courts or with the relevant agencies during the year. The Ministry of Women, Children, and Senior Citizens reported that most of the 753 municipalities have allocated funding to minority and vulnerable groups, including persons with disabilities, under the new federal system. Most persons with disabilities had to rely almost exclusively on family members for assistance.

There are no restrictions in law on the rights of persons with disabilities to vote and participate in civic affairs or to access the judicial system. According to the Ministry of Women, Children, and Senior Citizens, however, there were obstacles to exercising these rights, especially the lack of accessibility to public facilities.

The law provides that each community shall have the right “to preserve and promote its language, script, and culture” and to operate schools at the primary level in its native language. The government generally upheld these provisions. More than 125 caste and ethnic groups, some of which are considered indigenous nationalities, speak more than 120 different languages.

Discrimination against lower castes and some ethnic groups, including in employment (see section 7.d.), was widespread and especially common in the Terai region and in rural areas.

Caste-based discrimination is illegal, and the government outlawed the public shunning of Dalits and made an effort to protect the rights of other disadvantaged castes. The constitution prohibits the practice of untouchability and stipulates special legal protections for Dalits in education, health care, and housing. It also established the National Dalit Commission as a constitutional body to strengthen protections for and promote the rights of Dalits. While the government promulgated the accompanying laws to prohibit discrimination in late 2018, Dalit rights activists maintained that the laws banned discrimination too generally without explicitly protecting Dalits.

According to the Nepal National Dalit Social Welfare Organization, government progress in reducing discrimination remained limited in rural areas.

The government recognized 59 ethnic/caste groups as indigenous nationalities, comprising approximately 36 percent of the population. Although some communities were comparatively privileged, many faced unequal access to government resources and political institutions and linguistic, religious, and cultural discrimination.

No laws criminalize same-sex sexual activity, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons actively advocated for their rights. The constitution contains provisions outlining protections for LGBTI persons, but LGBTI activists continued to press for further legislation to increase protections for gender and sexual minorities.

According to local LGBTI advocacy groups, the government did not provide equal opportunities for LGBTI persons in education, health care, or employment (see section 7.d.). Additionally, advocacy groups stated that some LGBTI persons faced difficulties in registering for citizenship, particularly in rural areas.

Although several LGBTI candidates ran for office in local elections in recent years, LGBTI activists noted that election authorities prevented one person in 2017 who self-identified as third gender from registering as a candidate for vice mayor because electoral quotas required the individual’s party to register a “female” candidate for the position; the Supreme Court ruled in favor of the government. Separately, LGBTI activists stated that some transgender persons refrained from voting out of fear of harassment or social scorn because transgender persons were forced to stand in lines reflecting the gender on their citizenship documents, regardless of whether they had changed gender in practice.

According to LGBTI rights NGOs, harassment and abuse of LGBTI persons by private citizens and government officials declined during the year, especially in urban areas, although such incidents still occurred.

LGBTI rights groups reported that gender and sexual minorities faced harassment from police during the year. The Nepal Police HRS confirmed that some low-level harassment occurred because many citizens held negative views of LGBTI persons. The HRS added that the Nepal Police were not immune to such social prejudices.

There was no official discrimination against persons who provided HIV-prevention services or against high-risk groups that could spread HIV/AIDS.

Societal discrimination and stigma against persons with HIV remained common, according to NGOs.

Russia

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

Rape and Domestic Violence: Rape is illegal, and the law provides the same punishment for a relative, including the spouse, who commits rape as for a nonrelative. The penalty for rape is three to six years’ imprisonment for a single offense, with additional time imposed for aggravating factors. According to NGOs, many law enforcement personnel and prosecutors did not consider spousal or acquaintance rape a priority and did not encourage reporting or prosecuting such cases. NGOs reported that local police officers sometimes refused to respond to rape or domestic violence calls unless the victim’s life was directly threatened. Authorities typically did not consider rape or attempted rape to be life-threatening and sometimes charged a victim with assault if he or she harmed the alleged perpetrator in self-defense.

For example, as of December the trial of 19-year-old Darya Ageniy for criminal assault in Krasnodar region continued. In July 2018 authorities charged her for stabbing an assailant who tried to assault her sexually while she was vacationing in Tuapse the month prior. She claimed the man pressed her against a wall and attacked her; she took out a small knife and stabbed him until he let go of her, after which she fled to her hotel. Two months later police arrested her at her home in the Moscow region and took her back to Tuapse, where her attacker had filed a complaint against her for causing him “grievous bodily harm.” Although she initially faced up to 10 years in prison, her lawyer worked with investigators to reclassify her case so that she would only face one year.

Domestic violence remained a major problem. There is no domestic violence provision in the law and no legal definition of domestic violence, making it difficult to know its actual prevalence in the country. The antidomestic violence NGO ANNA Center estimated that 60 to 70 percent of women suffering from some type of domestic violence do not seek help due to fear, public shame, lack of financial independence from their partner, or lack of confidence in law enforcement personnel. Laws that address bodily harm are general in nature and do not permit police to initiate a criminal investigation unless the victim files a complaint. The burden of collecting evidence in such cases typically falls on the alleged victims. The law prohibits threats, assault, battery, and killing, but most acts of domestic violence did not fall within the jurisdiction of the prosecutor’s office. The law does not provide for protection orders, which experts believe could help keep women safe from experiencing recurrent violence by their partners.

There were reports that women defending themselves from domestic violence were charged with crimes. According to a Mediazona study, 80 percent of women sentenced for murder between 2016 and 2018 killed a domestic abuser in self-defense. In one case in July 2018, three teenaged sisters allegedly killed their father, Mikhail Khachaturyan, in their Moscow home. On October 1, authorities confirmed that the father had physically and sexually abused the girls for many years without any repercussions. As of December the girls remained under house arrest as they awaited their trial for murder, which prosecutors argued was premeditated. The case ignited widespread support for the sisters across the country during the year, with many persons calling for their release.

According to a Human Rights Watch report on domestic violence published in October 2018, when domestic violence offenses were charged, articles under the country’s criminal law were usually applied that employed the process of private prosecution. The process of private prosecution required the victim to gather all necessary evidence and bear all costs after the injured party or their guardian took the initiative to file a complaint with a magistrate judge. The NGO believed that this process severely disadvantaged survivors.

On July 9, the ECHR issued its first ruling on a domestic violence case in the country, ordering the state to pay 20,000 euros ($22,000) to Valeriya Volodina, who had filed a complaint in 2017. Volodina stated that her former boyfriend severely beat her several times, threatened to kill her, and abducted her. Volodina also claimed that police ignored numerous calls she made for authorities to investigate. In 2018 authorities agreed to charge the man with violating her privacy after he published intimate photographs of her, but the investigations never led to a trial, and Volodina changed her name and fled the country.

According to NGOs police were often unwilling to register complaints of domestic violence, often saying that cases were “family matters,” frequently discouraged victims from submitting complaints, and often pressed victims to reconcile with abusers. The majority of domestic violence cases filed with authorities were either dismissed on technical grounds or transferred to a reconciliation process conducted by a justice of the peace whose focus was on preserving the family rather than punishing the perpetrator. NGOs estimated that 3 percent of such cases eventually reached the courts.

A 2017 law made beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment. According to official statistics released in 2018, since the law was passed, the number of reported domestic violence cases has fallen by half. NGOs working on domestic violence noted that official reporting of domestic violence decreased because the decriminalization deterred women suffering domestic violence from going to police. In contrast, an antidomestic violence hotline center noted an increase in domestic violence complaints after the 2017 amendments, which the center considered to be a direct effect of decriminalization. According to Gazeta.ru, the number of cases of women beaten by relatives or partners increased by 40 percent in 2018. Human Rights Watch identified three major impacts of the 2017 decriminalization: fostering a sense of impunity among abusers, weakening protections for victims by reducing penalties for abusers, and creating new procedural shortcomings in prosecuting domestic violence.

On November 19, in response to the ECHR’s questions on whether Russian officials acknowledged the seriousness and scale of domestic violence and discrimination against women in Russia, the Justice Ministry responded that claims about the scale of domestic violence in the country were “quite exaggerated” and these women’s claims were undermining “the efforts that the government was making to improve the situation.” The ministry added that men were more likely to suffer discrimination in the context of domestic violence because they did not ask for protection from abuse by women.

At the time of Human Rights Watch’s 2018 report, there were 434 shelter spaces nationally for women in crisis situations. NGOs noted, however, that access to shelters was often complicated, since they required proof of residency in that particular municipality, as well as proof of low-income status. In many cases these documents were controlled by the abusers and not available to victims.

Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. NGOs in Dagestan reported FGM/C was occasionally practiced in some villages, estimating that 1,240 Dagestani girls are subjected to it every year. In November 2018 Meduza reported that a private clinic in the Best Clinics network was offering FGM/C procedures to girls between ages five and 12, which the Federal Service for Health Supervision (Roszdravnadzor) later confirmed. The Best Clinics case was referred to the Investigative Committee in February.

Other Harmful Traditional Practices: Human rights groups reported that “honor killings” of women persisted in Chechnya, Dagestan, and elsewhere in the North Caucasus but were rarely reported or acknowledged. Local police, doctors, and lawyers often collaborated with the families involved to cover up the crimes. A December 2018 study by human rights defenders, the first ever conducted, found 39 cases of honor killings (36 women, three men) between 2008 and 2017 in the North Caucasus region but estimated that the real number could be much higher.

In some parts of the North Caucasus, women continued to face bride kidnapping, polygamy, forced marriage (including child marriage), legal discrimination, and forced adherence to Islamic dress codes.

Sexual Harassment: The law contains a general provision against compelling a person to perform actions of a sexual character by means of blackmail, threats, or by taking advantage of the victim’s economic or other dependence on the perpetrator. There is no legal definition of harassment, however, and no comprehensive guidelines on how it should be addressed. Sexual harassment was reportedly widespread, but courts often rejected victims’ claims due to lack of sufficient evidence.

On September 27, the Main Directorate of the Ministry of Internal Affairs for Moscow opened an investigation into a Moscow police station after two female employees complained of sexual harassment by one of its directors. Both stated that he pressured them into intimate relationships and threatened them with career repercussions when they did not comply. One victim told journalists that when she reported the incidents to the station’s management, they told her to keep quiet and ignore them.

Coercion in Population Control: There were reports of coerced abortion or involuntary sterilization. Multiple media outlets during the year, including the Dozhd television channel on October 4 and the Izvestiya newspaper on November 7, published articles containing allegations that female residents of long-term psychiatric care facilities have been involuntarily sterilized or subjected to forced abortions. Data about the extent of the practice were not available. On April 30, a psychologist who worked with persons with disabilities in state care facilities published an account of at least two young women who were recently forced to have abortions at psychoneurological dispensary #30 in the Moscow region.

Discrimination: The constitution and law provide that men and women enjoy the same legal status and rights, but women often encountered significant restrictions, including prohibitions on their employment in 456 jobs. Although the government promised to open most of these jobs to women by 2021, the approximately 100 jobs that the Ministry of Labor has ruled especially physically taxing, including firefighting, mining, and steam boiler repair, would remain off limits.

Birth Registration: By law citizenship derives from parents at birth or from birth within the country’s territory if the parents are unknown or if the child cannot claim the parents’ citizenship. Failure to register a birth resulted in the denial of public services.

Education: Education is free and compulsory through grade 11, although regional authorities frequently denied school access to the children of persons who were not registered local residents, including Roma, asylum seekers, and migrant workers.

Child Abuse: The country does not have a law on child abuse but the law outlaws murder, battery, and rape. The penalties for such crimes range from five to 15 years in prison and, if they result in the death of a minor, up to 20 years in prison. A 2017 law that makes beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment, applies to children as well. Some Duma deputies claimed that children need discipline and authority in the family, condoning beating as a mode of discipline.

Studies indicated that violence against children was fairly common. According to a report published in April by the National Institute for Child Protection, one in four parents admitted to having beaten their children at least once with a belt. For example, on July 6, seven-year-old “Aisha” (not her real name) was taken to a hospital near her home in Ingushetia. She had countless bruises, bites, and burns all over her body; it turned out that her aunt, who had been her guardian for six months, had been abusing her. Aisha had to have extensive surgery to save her severely damaged arm. Her aunt was detained under the suspicion of causing grievous bodily harm to a minor.

Early and Forced Marriage: The minimum legal age for marriage is 18 for both men and women. Local authorities may authorize marriage from age 16 under certain circumstances. More than a dozen regions allow marriage from age 14 under special circumstances, such as pregnancy or the birth of a child.

Sexual Exploitation of Children: The age of consent is 16. The law prohibits the commercial sexual exploitation, sale, offering, or procuring for prostitution, and practices related to child pornography. Authorities generally enforced the law. For example, on September 25, authorities arrested an Orthodox priest, Nikolay Stremskiy, who had adopted 70 children and charged him with sexual assault and debauchery. He was alleged to have sexually abused seven of the minors in his care. As of December Stremskiy remained in pretrial detention.

The law prohibits the manufacture, distribution, and possession with intent to distribute child pornography, but possession without intent to distribute is not prohibited by law. Manufacture and distribution of pornography involving children younger than age 18 are punishable by two to eight years in prison or three to 10 years in prison if children younger than 14 are involved. Authorities considered child pornography to be a serious problem.

Institutionalized Children: There were reports of neglect as well as physical, sexual, and psychological abuse in state institutions for children. Children with disabilities were especially vulnerable. For example, on October 1, media reported on the death of a 15-year-old girl from a home for children with mental disabilities in Sakhalin. A nurse admitted leaving her alone in a bathtub after turning on the hot water; the girl was scalded and later died at the hospital. Authorities opened an investigation into the nurse’s actions, and Sakhalin governor Valery Limarenko ordered an internal review of the institution.

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

The 2010 census estimated the Jewish population at slightly more than 150,000. The president of the Federation of Jewish Communities of Russia, however, has stated that the actual Jewish population is nearly one million.

While anti-Semitism is not widespread, media reported several cases during the year. For example, on Passover eve on April 18, unidentified perpetrators drew a swastika on and set fire to the country’s largest yeshiva, located in the Moscow region. No one was injured, but a storehouse burned down.

In late August a group of Krasnodar residents entered a synagogue and interrogated a rabbi for an hour, accusing him of spreading alien religious practices. The group’s leader later announced that she would commence “partisan actions” against a Jewish community center.

Although leading experts in the Jewish community noted that anti-Semitism had decreased in recent years, some political and religious figures made anti-Semitic remarks publicly. On a visit to Jordan in August, Chechen Republic head Kadyrov allegedly told a group of ethnic Chechens that Jews were “the main enemy of Islam.” The month prior he allegedly told a group of Chechen police that Israel was a “terrorist organization.”

On April 24, the acting mayor of Lipetsk, Yevgeniy Uvarkin, answered a question at a public hearing from a local resident seeking to halt local stadium construction by wondering aloud whether the resident had a “Jewish last name.” He apologized for the remark the next day.

On May 6, presidential advisor Sergey Glazyev wrote an op-ed article in which he speculated that Ukrainian president Zelensky, along with the president of the United States and “far-right forces in Israel,” would seek to replace “Russians” in eastern Ukraine with “the inhabitants of the Promised Land tired of the permanent war in the Middle East.” On May 7, Glazyev asserted that his words were being misinterpreted.

Trafficking in Persons

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

The law provides protection for persons with physical, sensory, intellectual, and mental disabilities, including access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The government often did not enforce these provisions effectively.

The conditions of guardianship imposed by courts on persons with mental disabilities deprived them of almost all personal rights. Activists reported that courts declared tens of thousands of individuals “legally incompetent” due to mental disabilities, forcing them to go through guardians to exercise their legal rights, even when they could make decisions for themselves. Courts rarely restored legal capacity to individuals with disabilities. By law individuals with mental disabilities were at times prevented from marrying without a guardian’s consent.

In many cases persons with mental or physical disabilities were confined to institutions, where they were often subjected to abuse and neglect. A June report by Nyuta Federmesser, the head of the Moscow Multidisciplinary Center for Palliative Care, compared these facilities to “gulags,” where many residents spend significant time in restraints and are denied medical care, nutrition, or stimulating environments.

Federal law requires that buildings be accessible to persons with disabilities. While there were improvements, especially in large cities such as Moscow and St. Petersburg, authorities did not effectively enforce the law in many areas of public transportation and in buildings. Many individuals in wheelchairs reported they continued to have trouble accessing public transportation and had to rely on private cars.

Election law does not specifically mandate that polling places be accessible to persons with disabilities, and the majority of them were not. Election officials generally brought mobile ballot boxes to the homes of voters with disabilities.

The government began to implement inclusive education, but many children with disabilities continued not to study in mainstream schools due to a lack of accommodations to facilitate their individual learning needs. Many schools did not have the physical infrastructure or adequately trained staff to meet the needs of children with disabilities, leaving them no choice but to stay at home or attend specialized schools. For example, according to a local organization of persons with disabilities, a kindergarten in the Leningrad region refused to admit Nikita Malyshev, a child with a disability, instead directing him to a specialized school more than 30 miles from his home. His mother filed a claim against the school, and on February 12, the Supreme Court ruled that the local administration must propose a reasonable alternative that is physically close and takes the family’s needs into account if the neighborhood school cannot accommodate the child. Activists praised the ruling but questioned how municipalities intended to implement it.

While the law mandates inclusive education for children with disabilities, authorities generally segregated them from mainstream society through a system that institutionalized them through adulthood. Graduates of such institutions often lacked the social, educational, and vocational skills to function in society.

There appeared to be no clear standardized formal legal mechanism by which individuals could contest their assignment to a facility for persons with disabilities. The classification of children with mental disabilities by category of disability often followed them through their lives. The official designations “imbecile” and “idiot,” assigned by a commission that assesses children with developmental problems at age three, signified that authorities considered a child uneducable. These designations were almost always irrevocable. The designation “weak” (having a slight cognitive or intellectual disability) followed an individual on official documents, creating barriers to employment and housing after graduation from state institutions.

The law prohibits discrimination based on nationality, but according to a 2017 report by the UN Committee on the Elimination of Racial Discrimination, officials discriminated against minorities, including through “de facto racial profiling, targeting in particular migrants and persons from Central Asia and the Caucasus.” Activists reported that police officers often stopped individuals who looked foreign and asked them for their documents, claiming that they contained mistakes even when they were in order, and demanded bribes. On July 23, human rights activist Aleksandr Kim, a Russian citizen of Korean descent, filmed police as they stopped migrants in an underpass to check documents. One officer asked for Kim’s documents, admitting on camera that it was because he looked Asian. Kim was ultimately fined 1,000 rubles ($16) for disobeying police orders.

Hate crimes targeting ethnic minorities continued to be a problem, although the NGO SOVA Center reported that the number of such crimes declined thanks to authorities’ effectively targeting groups that promoted racist violence. As of December 2, six individuals had died and at least 33 had been injured in racially motivated attacks since the beginning of the year. One victim was an Uzbek migrant stabbed in St. Petersburg on September 16. Law enforcement bodies detained two young men from Moscow with ties to nationalist movements as the main suspects in what they have classified as a hate crime.

According to a 2017 report by the human rights group Antidiscrimination Center (ADC) Memorial, Roma faced widespread discrimination in access to resources (including water, gas, and electrical services); demolitions of houses and forced evictions, including of children, often in winter; violation of the right to education (segregation of Romani children in low-quality schools); and other forms of structural discrimination.

On June 17, a local official from the village of Chemodanovka in the Penza region admitted that authorities forcibly relocated approximately 900 Roma to the Volgograd region after a mass brawl erupted along ethnic lines on June 13, leaving one person dead and another in a coma. He subsequently retracted the comment and stated that the Roma had left the village voluntarily. On June 15, local residents burned the homes of Roma in the neighboring village of Lopatki.

The constitution and various statutes provide support for members of “small-numbered” indigenous groups of the North, Siberia, and the Far East, permitting them to create self-governing bodies and allowing them to seek compensation if economic development threatens their lands. The government granted the status of “indigenous” and its associated benefits only to those ethnic groups numbering fewer than 50,000 and maintaining their traditional way of life. A 2017 report by ADC Memorial noted the major challenges facing indigenous persons included “seizure of territories where these minorities traditionally live and maintain their households by mining and oil and gas companies; removal of self-government bodies of indigenous peoples; and repression of activists and employees of social organizations, including the fabrication of criminal cases.”

Indigenous sources reported state-sponsored harassment, including interrogations by security services, as well as employment discrimination (see section 7.d.). Such treatment was especially acute in areas where corporations wanted to exploit natural resources. By law indigenous groups have exclusive rights to their indigenous lands, but the land itself and its natural resources belong to the state. Companies are required to pay compensation to local inhabitants, but activists asserted that local authorities rarely enforced this provision. Activists stated that there was a constant conflict of interest between corporations and indigenous persons.

On November 7, a Moscow court ordered the closure of the Center for Support of Indigenous People of the North, a nearly 20-year-old indigenous advocacy group that was at the forefront of representing indigenous legal, economic, and environmental rights. The court cited incomplete paperwork as the reason for its closure, but activists called it an excuse to silence the indigenous voice that was critical of corporations and authorities.

The law criminalizes the distribution of “propaganda” of “nontraditional sexual relations” to minors and effectively limits the rights of free expression and assembly for citizens who wish to advocate publicly for rights or express the opinion that homosexuality is normal. Examples of what the government considered LGBTI propaganda included materials that “directly or indirectly approve of persons who are in nontraditional sexual relationships” (see section 2.a.). The law does not prohibit discrimination against LGBTI persons in housing or employment or in access to government services, such as health care.

During the year there were reports of state actors’ committing violence against LGBTI individuals based on their sexual orientation or gender identity, particularly in the Republic of Chechnya (see sections 1.a. and 1.c.).

There were reports government agents attacked, harassed, and threatened LGBTI activists. For example, on June 17, an LGBTI activist from Novocherkassk told media outlets that an officer from the Ministry of Internal Affairs’ Center for Combating Extremism had surveilled and harassed him in early June and then attacked him on June 14. Doctors diagnosed him with a closed head injury and concussion. When he went to file a police report, the officers allegedly laughed and joked about his situation.

Openly gay men were particular targets of societal violence, and police often failed to respond adequately to such incidents. For example, according to the Russian LGBT Network, in July police refused to reopen a criminal case into the 2017 beating of Volgograd teenager, Vlad Pogorelov, because they did not see “hatred and enmity” as the assailants’ motive. Instead, they fined each of the attackers 5,000 rubles ($78). In June 2018 Pogorelov had filed a complaint with the local prosecutor’s office against the local police decision to close a criminal investigation into the 2017 attack. Pogorelov, then 17 years old, was lured into a meeting by homophobic persons posing as gay youth on a dating website. They beat and robbed Pogorelov, who filed a police report. Police opened a criminal investigation into the attack but closed it within a month, citing the “low significance” of the attack and informing Pogorelov that police were unable to protect LGBTI persons. According to the Russian LGBT Network, the case was emblematic of authorities’ unwillingness to investigate adequately or consider homophobia as a motive in attacks on LGBTI persons.

There were reports that authorities failed to respond when credible threats of violence were made against LGBTI persons. For example, authorities failed to investigate the appearance of a website in spring 2018 called the Homophobic Game “Saw,” which called for acts of violence against specific LGBTI persons and human rights defenders. While the site was blocked several times by Roskomnadzor, it would periodically reappear under a new domain name. After the July 23 killing of LGBTI activist Yelena Grigoryeva, whose name appeared on the “Saw” list, the site was blocked again. Although police arrested a suspect on August 1 who apparently confessed to the crime, authorities gave no indication of his motive, and human rights defenders believed that investigators were pursuing the theory that the killing was unrelated to Grigoryeva’s activism for the rights of LGBTI persons. On August 4, the Ministry of Internal Affairs informed individuals who had filed a complaint about the “Saw” site that, since the site was blocked and inaccessible, they were unable to investigate its contents. On August 14, the FSB informed the individuals who filed the complaint about the site that they had examined it and found no evidence of a crime.

In April 2018 the Russian LGBT Network released a report that documented 104 incidents of physical violence, including 11 killings, towards LGBTI persons in 2016-17. The report noted the continuing trend of groups and individuals luring gay men on fake dates to beat, humiliate, and rob them. The report noted that police often claimed to have found no evidence of a crime or refused to recognize attacks on LGBTI persons as hate crimes, which impeded investigations and perpetrators’ being fully held to account. During investigations of attacks, LGBTI persons risked being outed by police to their families and colleagues. LGBTI persons often declined to report attacks against them due to fears police would mistreat them or publicize their sexual orientation or gender identity.

There were reports that police conducted involuntary physical exams of transgender or intersex persons. For example, according to press reports, on May 1, police in Makhachkala, Dagestan, arrested Olga Moskvitina, who is intersex, at a protest. When police discovered that she was marked as male in her passport, she was forced to strip to the waist so that officers could examine her and was questioned about her genitals. She was reportedly humiliated and threatened by the officers. On May 1, her personal identifying information was published on social networks along with threats against her, which Moskvitina believed was done by or with the support of local police. On May 5, Moskvitina’s landlord was reportedly visited by plainclothes officers, who pressured him to evict her from her apartment, which he did.

The Association of Russian Speaking Intersex reported that medical specialists often pressured intersex persons (or their parents, if they were underage) into having so-called normalization surgery without providing accurate information about the procedure or what being intersex means.

The law prohibiting the “propaganda of nontraditional sexual orientations” restricted freedom of expression, association, and peaceful assembly for LGBTI persons and their supporters (see sections 2.a. and 2.b.). LGBTI persons reported significant societal stigma and discrimination, which some attributed to official promotion of intolerance and homophobia.

High levels of employment discrimination against LGBTI persons reportedly persisted (see section 7.d.) Activists asserted that the majority of LGBTI persons hid their sexual orientation or gender identity due to fear of losing their jobs or homes as well as the risk of violence.

LGBTI students, as well as those suspected of being LGBTI persons, also reported discrimination at schools and universities. Roman Krasnov, a vice rector at the Ural State University of Economics in Yekaterinburg, admitted that the institution monitored the social media accounts of its students in order to ensure that they showed proper “moral character,” which students claimed was monitoring targeted at LGBTI individuals. A student who wished to remain anonymous told media outlets in September that Krasnov threatened him with expulsion after his social media accounts showed that he might identify as LGBTI because he was sympathetic to LGBTI matters.

Medical practitioners reportedly continued to limit or deny LGBTI persons health services due to intolerance and prejudice. The Russian LGBT Network’s report indicated that, upon disclosing their sexual orientation or gender identity, LGBTI individuals often encountered strong negative reactions and the presumption they were mentally ill.

Transgender persons faced difficulty updating their names and gender markers on government documents to reflect their gender identity because the government had not established standard procedures, and many civil registry offices denied their requests. When documents failed to reflect their gender identity, transgender persons often faced harassment by law enforcement officers and discrimination in accessing health care, education, housing, transportation, and employment.

There were reports that LGBTI persons faced discrimination in the area of parental rights. The law does not allow for same-sex couples to adopt children together, only as individuals. The Russian LGBT Network reported that LGBTI parents often feared that the country’s prohibition on the “propaganda of nontraditional sexual orientation” to minors would be used to remove custody of their children. For example, Andrey Vaganov and Yevgeniy Yerofeyev fled the country in August after the Investigative Committee announced that it had opened a criminal negligence case against the officials who had allowed the adoption of their two sons. Although the couple had married in Denmark in 2016, only Vaganov had a legal relationship to the children. A statement on the Investigative Committee’s website accused the men of “promoting nontraditional relationships, giving the children distorted perceptions about family values and harming their health and their moral and spiritual development.” The state learned that the children were living with two fathers after a doctor treating one of the children reported it to police. The couple told media outlets they had no choice but to leave the country in view of the probability that their children would be removed from their home.

Persons with HIV/AIDS faced significant legal discrimination, growing informal stigma-based barriers, and employment discrimination (see section 7.d.). They also continued to face barriers to adopting children in many cases.

According to NGO activists, men who have sex with men were unlikely to seek antiretroviral treatment, since treatment exposed the fact that these individuals had the virus, while sex workers were afraid to appear in the official system due to threats from law enforcement bodies. Economic migrants also concealed their HIV status and avoided treatment due to fear of deportation. By law foreign citizens who are HIV-positive may be deported. The law, however, bars the deportation of HIV-positive foreigners who have a Russian national or permanent resident spouse, child, or parents.

Prisoners with HIV/AIDS experienced regular abuse and denial of medical treatment and had fewer opportunities for visits with their children.

Children with HIV faced discrimination in education. For example, on April 10, a woman in the small village of Iskitim, in the Novosibirsk region, reported that local authorities refused to register her adopted six-year-old son for school because the child was HIV-positive. Staff at a local clinic had reportedly violated doctor-patient confidentiality rules and were warning other village residents about her child’s diagnosis. The family received threats demanding that they leave the village. On April 18, the local Investigative Committee opened an investigation into the violation of the child’s privacy.

Until June 2018 when the Constitutional Court deemed the practice unconstitutional, HIV-positive parents were prohibited from adopting a child. On May 3, President Putin signed a law that allowed persons with HIV to adopt children already living with them. Several lawsuits preceded this legislation, most notably one filed by an HIV-positive woman in Balashikha. Because she was unable to have children, her sister decided to carry her husband’s child through artificial insemination, giving birth in 2015. The woman planned to adopt the child, but her HIV-positive status precluded her from doing so. She filed a lawsuit and won in February, after which she was allowed to adopt the child.

The Ministry of Justice continued to designate HIV-related NGOs as foreign agents, effectively reducing the number of organizations that may serve the community (see section 2.b., Freedom of Association).

The lack of an internal passport often prevented homeless citizens from fully securing their legal rights and social services. Homeless persons faced barriers to obtaining legal documentation as well as medical insurance, without which clinics refused to treat them. Media outlets reported that Moscow authorities relocated a number of homeless shelters from central areas to the city’s outskirts prior to the World Cup in 2018 and have not returned them to the original locations, although they were where the majority of homeless citizens resided.

A homophobic campaign continued in state-controlled media in which officials, journalists, and others called LGBTI persons “perverts,” “sodomites,” and “abnormal” and conflated homosexuality with pedophilia.

South Korea

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

Rape and Domestic Violence: The law criminalizes rape; although no specific statute defines spousal rape as illegal, the Supreme Court acknowledged marital rape as illegal. The penalty for rape ranges from a minimum of three years to life imprisonment depending on the specific circumstances. Rape is defined in law as involving the use of violence. The law defines domestic violence as a serious crime and authorizes courts to order offenders to stay away from victims for up to six months. This restraining order may be extended up to two years. Offenders may be sentenced to a maximum of five years in prison and fined up to seven million won ($5,810) for domestic violence offenses. Noncompliance with domestic violence restraining orders may result in a maximum sentence of two years in prison and a fine of up to 20 million won ($16,600). Authorities may also place convicted offenders on probation or order them to see court-designated counselors.

When there is a danger of domestic violence recurring and an immediate need for protection, the law allows a provisional order to be issued ex officio or at the victim’s request. This may restrict the subject of the order from living in the same home, approaching within 109 yards of the victim, or contacting the victim through telecommunication devices.

The law allows judges or an MOJ committee to sentence repeat sex offenders to “chemical castration,” where sex offenders undergo drug treatment designed to diminish sexual urges. The law was enacted to protect children against an increasing number of reported sex crimes. The ministry reported that one such procedure was conducted between January and July.

Police generally responded promptly and appropriately to reported incidents, and the judicial system effectively enforced the law. Because a rape conviction requires proving that violence was used, and because the country’s defamation laws allow countersuits by alleged perpetrators, rape offenses are underreported and under prosecuted.

In February the Seoul High Court overruled a lower court’s August 2018 acquittal of Ahn Hee-jung, former governor of South Chuncheong. The High Court convicted Ahn on multiple counts of “sexual intercourse by abuse of authority”–in lieu of a rape charge and other charges–and sentenced him to three-and-one-half years’ imprisonment. Ahn’s March 2018 arrest and subsequent trial for raping his former secretary drew nationwide attention to the country’s contentious definition of rape that is based on “means of violence” rather than lack of consent.

Domestic violence remained a significant and underreported problem according to NGOs. According to KNPA statistics, in 2018 248,660 cases of domestic violence were reported, an 11-percent decrease from 2017. Reports of violence among unmarried couples, called “dating violence,” doubled from 2016 (9,364 cases) to 2018 (18,961 cases).

Data from the Supreme Prosecutor’s Office showed that nearly 40 percent of victims of sex crimes were between 21 and 30 years old. Approximately 21 percent of victims were between 16 and 20 years old.

The Commission for the Eradication of Sexual Violence and Digital Sex Crimes seeks to coordinate the provision of countermeasures and promote consultation across ministries. It is composed of 24 members, including the MOGEF minister, vice ministers of relevant ministries, and private sector experts. The government also established gender equality positions in eight ministries to place greater emphasis on these issues.

The Supreme Prosecutor’s Office revised its investigation manual on sexual violence to delay investigating “false accusation” charges until it first reaches a decision on whether a sexual assault has actually taken place.

In June police arrested a man after he beat his foreign-born wife for three hours in front of their two-year-old child. A video clip of the assault was widely viewed on the internet, sparking a national debate about foreign brides and rural municipal governments offering subsidies (intended to stem rural population decline) to bring them to the country. An NGO, however, argued that the subsidies amounted to “wife buying” and that the brides were vulnerable to human rights abuses, “often [taking on] the role of a housekeeper and a sexual object.” The fact that it was on average 3.9 days from when the couple first met to when they were legally married, and that the average age difference between bride and groom was 18.4 years were cited to support this view. According to a survey by the NHRCK, 42 percent of foreign-born brides have experienced domestic violence and 68 percent had experienced unwanted sexual advances. Domestic violence among native South Korean couples is high in general but probably somewhat lower than among mixed couples.

In August, in response to violence against migrant brides, the MOJ announced new regulatory measures to prevent abuses. These included a “one strike” policy that prevented a person convicted of domestic violence from petitioning for a visa for a foreign bride. The International Organization for Migration (IOM) was concerned that the addition of a “right to request investigation” policy might make foreign spouses more vulnerable. The policy allows the South Korean spouse to petition immigration authorities directly to investigate the foreign spouse in the event of separation. The IOM feared this would exacerbate the already disproportionate power imbalance in these relationships.

In March 2018, in response to the #MeToo movement, MOGEF created the Special Center for Reporting Sexual Harassment and Sexual Assault. The ministry funded 170 counseling centers (called “sunflower centers”) nationwide for victims of sexual violence, providing counseling, medical care and therapy, caseworkers, and legal assistance. There were 241,343 reported cases of sexual violence in 2018 (an increase of 33.7 percent since 2017), according to Statistics Korea, a government agency. According to NGOs, sunflower centers generally provided adequate support to female victims of sexual assault, but male victims struggled to find help.

In July the government formally closed the Reconciliation and Healing foundation, established with a one billion yen ($9.1 million) contribution from the Japanese government under a 2015 bilateral agreement to provide support to former comfort women; no decision was made on how to use unspent funds.

Sexual Harassment: The law obligates companies and organizations to take preventive measures against sexual harassment. Under antibullying laws introduced in July, in certain cases failure to take appropriate action may result in fines or jail time. The government generally enforced the law effectively. The KNPA classifies sexual harassment as “indecent acts by compulsion.”

Sexual harassment was a significant social problem, and there were numerous cases of sexual harassment reported in media throughout the year.

In February a female student at Seoul National University accused a professor of sexual harassment. She said that the professor gave her unwanted shoulder massages and played with her hair while she slept on a bus, lifted up her skirt and touched her leg when she would not show him a scar on her inner thigh, and forced her to drink significant amounts of alcohol. She submitted her complaints to the university’s Human Rights Center, along with complaints from 17 other students. The center suspended the professor for three months. The student called the decision “absurd” and urged the school to terminate him, but the school declined.

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

Discrimination: Women enjoy the same legal rights under the constitution as men. In January, President Moon described the gender gap as a “shameful reality” and pledged to address it. Moon has generally kept his pledge from the beginning of his term that 30 percent of his cabinet nominations would be women. Women hold 17 percent of seats in the National Assembly. In line with the law, which states that women must hold 50 percent of parties’ proportionally allocated representative seats in the National Assembly, 24 of the 47 proportional representatives were women as of August. The law provides for equal pay for equal work, but the gender pay gap was 36.5 percent in 2018, an increase of 2 percent from the previous year.

Birth Registration: Citizenship requires one parent be a citizen at the time of birth. Authorities also grant citizenship in circumstances where parentage is unclear or if the child would otherwise be stateless. The law requires that all children be registered in family registries and prohibits adoption of children for the first week after birth.

Child Abuse: The law criminalizes serious injury and repeated abuse of children, and provides prison terms of between five years and life.

The Ministry of Health and Welfare reported a 6.6-percent increase in reported child abuse cases from 2017 to 2018, attributed in part to increased public awareness and expanded child welfare reporting requirements.

The ministry required human rights training for the 1,095 childcare workers associated with their DreamStart program, a program that provides educational, health, and developmental services for disadvantaged children and their families.

In May a mother in Seoul reported child abuse to police after finding bruises on her two children after they returned from a daycare center. Police were unable to find evidence because the daycare center’s closed-circuit television (CCTV) storage device was not functioning. By law daycare centers are required to have working CCTV equipment and keep video recordings for at least 60 days. The president of the Korea Child Abuse Prevention Association said daycare directors often delete CCTV footage, opting to pay a fine in lieu of facing legal repercussions for child abuse. Parents also faced difficulties obtaining CCTV footage because privacy law may expose the parents to legal reprisals. If a video recording contains threatening words towards the child, the parent may use it as evidence of abuse; however, if the recording contains a conversation between two teachers, for example, the parent could face charges for violating the Protection of Communications Secrets Act that protects private conversations.

Early and Forced Marriage: The minimum legal age for men and women to marry is 18. There were no reported cases of forced marriage.

Sexual Exploitation of Children: The age of consent is 13. It is illegal to deceive or pressure anyone younger than 19 into having sexual intercourse. In July a law went into effect penalizing adults who have sexual intercourse with teenagers between ages 13 and 16 by taking advantage of mental, physical, or financial difficulties, regardless of whether the minor consented. The penalty for rape of a minor younger than age 13 ranges from 10 years to life in prison; the penalty for rape of a minor age 13 to under 19 is five years’ to life imprisonment. Other penalties include electronic monitoring of offenders, public release of their personal information, and reversible hormone treatment. The law prohibits the commercialization of child pornography. Offenders convicted of producing or possessing child pornography materials for the purpose of selling, leasing, or distributing for profit are subject to a maximum of seven years’ imprisonment. In addition anyone who possesses child pornography may be fined up to 20 million won ($16,600).

During the year, the criminal appeals court of the Seoul Central District Court came under fire for sentencing the operator of a dark-web child pornography website, Son Jong-woo, to only 18 months in prison. In October authorities from 38 countries arrested more than 330 users of the website, including 223 South Koreans. In March 2018 the trial court suspended the 18-month sentence, saying Son had “acknowledged his crime and reflected on his wrongdoing.” The appeals court overruled the trial court suspension, calling it too light and reinstated the sentence of 18 months’ imprisonment. These decisions highlighted the light sentences, a fine or suspended sentence, typically given to those convicted of viewing child pornography. For example, in January courts ordered a defendant to pay a fine of three million won ($2,490) for downloading child pornography 968 times during a 10-month period. The court stated that it “took into consideration the fact that it was a first-time offense and that the defendant was sorry for what he had done.”

Children, especially runaway girls, were vulnerable to sex trafficking, including through online recruitment.

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

The Jewish community numbered approximately 1,000 individuals, almost all expatriates. There were no reports of anti-Semitic acts. See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

Trafficking in Persons

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

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities and sets penalties for deliberate discrimination of up to three years in prison and a fine of 30 million won ($24,900). The law covering rights and support for persons with developmental disabilities created a special task force of prosecutors and police trained to work with persons with disabilities and their families in police investigations.

The government applied law and implemented programs to facilitate access to buildings, information, and communications for persons with disabilities. Many establishments, however, continued to disregard the laws, opting to pay fines rather than incurring expenses to make structural adjustments. The Research Institute for Differently Abled Person’s Rights Korea reported that individuals with intellectual disabilities did not receive proper education; employment rates of adults with disabilities were low; and public support for family care was inadequate.

Many local government ordinances and regulations directly discriminate against persons with disabilities, especially those with intellectual and mental disabilities, according to media reports and NGOs. Seongnam City rejected a man’s repeated requests from 2018 through June 2019 to use taxis designated for persons with disabilities because he did not use a wheelchair. The central government classified the man–who has Parkinson’s disease–as having only a grade three disability. The city stated it only allowed those with grades one and two disabilities, mentally handicapped grade three disabilities, and those in wheelchairs to use the taxi service. The NHRCK recommended the city allow the man to use the accessible taxi service until other means of transportation could be prepared, but the city refused.

The central government subsequently amended the Act on the Prohibition of Discrimination against Disabled Persons, abolishing the previously used grading system that labeled persons with disabilities on a one-to-six scale based on “medical disability” to determine eligibility for social welfare benefits. The revised law sorts persons with disabilities into two classes: “severely disabled” and “not severely disabled.” The amended law reclassified persons with disabilities formerly graded one through three into the severely disabled classification; grades four to six were reclassified as not severe. All persons with disabilities are able to receive “activity support services,” a welfare service previously only available to grades one to three that helps persons who face difficulty in daily or social activities. Any person with “severe walking disabilities” may use wheelchair-accessible taxis regardless of whether the person uses a wheelchair. Nevertheless, Seongnam City continued to deny the man’s request to use the wheelchair taxi because the city’s ordinances lagged behind the revised law. The city government stated, “The man can call the taxi for the disabled in November when the city ordinance will change.”

The Ministry of Health and Welfare continued to implement a comprehensive set of policies that included encouraging provision of greater access for persons with disabilities to public and private buildings and facilities; part-time employment opportunities for persons with disabilities; and introduction of a long-term care system.

In 2018, the government operated rehabilitation hospitals in six regions and a national rehabilitation research center to increase employment opportunities and access for persons with disabilities.

The government provided a pension system for registered adults and children with disabilities, an allowance for children with disabilities younger than age 18 in households with an income below or near the National Basic Livelihood Security Standard, and a disability allowance for low-income persons age 18 and older with mild disabilities.

Children with disabilities had access to a separate system of public special education schools for children ages three to 17. All public and private schools, child-care centers, educational facilities, and training institutions were required to provide equipment and other resources to accommodate students with disabilities.

As of July 2018, more than 2.3 million foreigners (including an estimated 330,000 undocumented migrants) lived in the country, which otherwise had a racially homogeneous population of approximately 51.4 million. The country lacks a comprehensive antidiscrimination law. In October, President Moon met with religious leaders and called for them to support the comprehensive antidiscrimination law. The National Assembly has been reluctant to take up the issue due to the outspoken opposition from powerful conservative Christian groups who wish to block the bill because of the LGBTI rights it would afford.

Societal discrimination against ethnic and racial minorities was common but underreported. A large majority of immigrants and naturalized citizens were female spouses, and they were reportedly often the victim of domestic violence. The NHRCK stated most of the foreign worker cases involved enforced eviction or mistreatment in detention centers when detained on charges of violating immigration laws.

Some children of immigrants suffered from discrimination and lack of access to social resources. Some children of non-Korean ethnicity or multiple ethnicities also experienced bullying because of their physical appearance.

In response to the steady growth of ethnic minorities, due largely to the increasing number of migrant workers and foreign brides, the Ministries of Gender Equality and Family and of Employment and Labor implemented programs to promote cultural diversity and assist foreign workers, spouses, and multicultural families to adjust to living in the country.

The law that established the NHRCK prohibits discrimination based on sexual orientation and authorizes the NHRCK to review cases of such discrimination, but the law does not specify discrimination based on gender identity. The Military Criminal Act’s “disgraceful conduct” clause criminalizes consensual sodomy between men in the military with up to two years’ imprisonment if convicted. In 2016 the Constitutional Court ruled the clause constitutional.

NGOs noted the Military Service Act prohibiting homosexual sex led to abuse of LGBTI (lesbian, gay, bisexual, transgender, and intersex) soldiers. According to the MHRC, as of August at least three new cases were prosecuted under the Military Criminal Act’s “disgraceful conduct” clause. The MHRC stated the navy sought out LGBTI service members under the pretext of counseling and in at least one case interrogated one person within earshot of other service members. The MHRC added that investigators asked for detailed accounts of sexual interactions between soldiers and searched soldiers’ cell phones for evidence of homosexual relationships. The navy stated it regretted the leaking of sensitive personal information but held that it has the authority to conduct investigations of disorderly conduct under the Military Criminal Act and Defense Ministry policy. According to Amnesty International, the criminalization of LGBTI relationships in the military has a significant impact on broader societal attitudes as half of the country’s population goes through compulsory military service.

According to polling by the NHRCK, 92 percent of LGBTI were worried about becoming the target of hate crimes. After a number of protestors attacked the parade in 2018, 3,000 police officers were on hand to protect the LGBTI community at the 2019 Seoul Pride Festival. “The presence of embassy staff from around the world meant that the police had to ensure the safety of the event,” according to the BBC.

The law protects the right to confidentiality of persons with HIV/AIDS and prohibits discrimination against them. Local NGOs contended, however, that persons with HIV/AIDS continued to suffer from societal discrimination and social stigma. In January the NHRCK urged a hospital to take corrective action after it refused to conduct a comprehensive medical checkup to an HIV-positive person because the hospital wing that handles checkups lacked the proper protective equipment. After the patient filed a complaint, the hospital stated it had obtained all of the protective equipment and completed the necessary staff training.