The People’s Republic of China is an authoritarian state in which the Chinese Communist Party is the paramount authority. Communist Party members hold almost all top government and security apparatus positions. Ultimate authority rests with the Communist Party Central Committee’s 25-member Political Bureau (Politburo) and its seven-member Standing Committee. Xi Jinping continued to hold the three most powerful positions as party general secretary, state president, and chairman of the Central Military Commission.

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Armed Police continue to be under the dual authority of the Central Committee of the Communist Party and the Central Military Commission. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently use civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Civilian authorities maintained effective control of the security forces. Members of the security forces committed serious and pervasive abuses.

Genocide and crimes against humanity occurred during the year against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang. These crimes were continuing and include: the arbitrary imprisonment or other severe deprivation of physical liberty of more than one million civilians; forced sterilization, coerced abortions, and more restrictive application of China’s birth control policies; rape; torture of a large number of those arbitrarily detained; forced labor; and the imposition of draconian restrictions on freedom of religion or belief, freedom of expression, and freedom of movement.

Significant human rights issues included: arbitrary or unlawful killings by the government; forced disappearances by the government; torture by the government; harsh and life-threatening prison and detention conditions; arbitrary detention by the government, including the mass detention of more than one million Uyghurs and other members of predominantly Muslim minority groups in extrajudicial internment camps and an additional two million subjected to daytime-only “re-education” training; political prisoners; politically motivated reprisal against individuals outside the country; the lack of an independent judiciary and Communist Party control over the judicial and legal system; arbitrary interference with privacy; pervasive and intrusive technical surveillance and monitoring; serious restrictions on free expression, the press, and the internet, including physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others as well as their family members, and censorship and site blocking; interference with the rights of peaceful assembly and freedom of association, including overly restrictive laws that apply to foreign and domestic nongovernmental organizations; severe restrictions and suppression of religious freedom; substantial restrictions on freedom of movement; refoulement of asylum seekers to North Korea, where they have a well founded fear of persecution; the inability of citizens to choose their government; restrictions on political participation; serious acts of corruption; forced sterilization and coerced abortions; forced labor and trafficking in persons; severe restrictions on labor rights, including a ban on workers organizing or joining unions of their own choosing; and child labor.

Government officials and the security services often committed human rights abuses with impunity. Authorities often announced investigations following cases of reported killings by police but did not announce results or findings of police malfeasance or disciplinary action.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports that the government or its agents committed arbitrary or unlawful killings. In many instances few or no details were available.

In Xinjiang there were reports of custodial deaths related to detentions in the internment camps. There were multiple reports from Uyghur family members who discovered their relatives had died while in internment camps or within weeks of their release. For example, in October the government formally confirmed to the United Nations the death of Abdulghafur Hapiz, a Uyghur man detained in a Xinjiang internment camp since 2017. The government claimed Hapiz died in 2018 of “severe pneumonia and tuberculosis.” His daughter said she last heard from Hapiz in 2016; sources reported he disappeared no later than 2017 and was held without charges in an internment camp.

Authorities executed some defendants in criminal proceedings following convictions that lacked due process and adequate channels for appeal. Official figures on executions were classified as a state secret. According to the U.S.-based Dui Hua Foundation, the number of executions stabilized after years of decline following the reform of the capital punishment system initiated in 2007. Dui Hua reported that an increase in the number of executions for bosses of criminal gangs and individuals convicted of “terrorism” in Xinjiang likely offset the drop in the number of other executions.

b. Disappearance

There were multiple reports authorities disappeared individuals and held them at undisclosed locations for extended periods.

The government conducted mass arbitrary detention of Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim and ethnic minority groups in Xinjiang. China Human Rights Defenders alleged these detentions amounted to enforced disappearance, since families were often not provided information about the length or location of the detention.

The exact whereabouts of Ekpar Asat, also known as Aikebaier Aisaiti, a Uyghur journalist and entrepreneur, remained unknown. He was reportedly detained in Xinjiang in 2016 after participating in a program in the United States and subsequently sentenced to up to 15 years in prison.

Authorities in Wuhan disappeared four citizen journalists, Chen Qiushi, Li Zehua, Zhang Zhan, and Fang Bin, who had interviewed health-care professionals and citizens and later publicized their accounts on social media in the midst of the COVID-19 outbreak and subsequent lockdown in Wuhan. While Li Zehua was released in April, Fang Bin’s and Chen Qiushi’s whereabouts were unknown at year’s end. Zhang Zhan was indicted on charges of “picking quarrels and provoking trouble,” and authorities tried and convicted her on December 28, sentencing her to four years’ imprisonment. She was the first known person to be tried and convicted for her coverage of the COVID-19 outbreak in Wuhan.

Human rights lawyer Gao Zhisheng, who has been disappeared on multiple occasions, has been missing since 2017.

The government still had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations. Many activists who were involved in the 1989 demonstrations and their family members continued to suffer official harassment. The government made no efforts to prevent, investigate, or punish such harassment.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits the physical abuse and mistreatment of detainees and forbids prison guards from coercing confessions, insulting prisoners’ dignity, and beating or encouraging others to beat prisoners. The law excludes evidence obtained through illegal means, including coerced confessions, in certain categories of criminal cases. There were credible reports that authorities routinely ignored prohibitions against torture, especially in politically sensitive cases.

Numerous former prisoners and detainees reported they were beaten, raped, subjected to electric shock, forced to sit on stools for hours on end, hung by the wrists, deprived of sleep, force fed, forced to take medication against their will, and otherwise subjected to physical and psychological abuse. Although prison authorities abused ordinary prisoners, they reportedly singled out political and religious dissidents for particularly harsh treatment.

In December 2019 human rights lawyer Ding Jiaxi was detained on suspicion of “inciting subversion of state power” for participating in a meeting in Xiamen, Fujian Province, to organize civil society activities and peaceful resistance to Chinese Communist Party (CCP) rule. Ding’s wife posted on Twitter that Ding was tortured in a detention center in Beijing, including being subjected to sleep deprivation tactics such as shining a spotlight on him 24 hours per day. As of December 2020, Ding remained in pretrial detention at Linshu Detention Center in Shandong Province.

Following her June 6 arrest, Zhang Wuzhou was tortured in the Qingxin District Detention Center in Qingyuan (Guangdong Province), according to her lawyer’s July 22 account reported by Radio Free Asia. Zhang said that detention center authorities handcuffed her, made her wear heavy foot shackles, and placed her in a cell where other inmates beat her. The Qingyuan Public Security Bureau detained Zhang on charges of “provoking quarrels and stirring up troubles” two days after she held banners at Guangzhou Baiyun Mountains to mark the anniversary of the Tiananmen massacre.

In August an attorney for detained human rights activist and lawyer Yu Wensheng reported that Yu had been held incommunicado for 18 months before and after his conviction in June of “inciting subversion of state power” for which he received a four-year sentence. Yu reported he was repeatedly sprayed with pepper spray and was forced to sit in a metal chair for an extended period of time.

On October 22, human rights lawyer Chang Weiping, known for his successful representation of HIV/AIDS discrimination cases, was put into “residential surveillance in a designated location” in Baoji City, Shanxi Province, after posting a video to YouTube detailing torture he suffered during a January detention. As of December, Chang was still under these restrictions and denied access to his family and lawyer.

Members of the minority Uyghur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and officials working within the penal system and the internment camps. Survivors stated that authorities subjected individuals in custody to electric shock, waterboarding, beatings, rape, forced sterilization, forced prostitution, stress positions, forced administration of unknown medication, and cold cells (see section 6, Members of National/Racial/Ethnic Minorities).

There was no direct evidence of an involuntary or prisoner-based organ transplant system; however, activists and some organizations continued to accuse the government of forcibly harvesting organs from prisoners of conscience, including religious and spiritual adherents such as Falun Gong practitioners and Muslim detainees in Xinjiang. An NGO research report noted that public security and other authorities in Xinjiang have collected biometric data–including DNA, fingerprints, iris scans, and blood types–of all Xinjiang residents between 12 and 65 years of age, which the report said could indicate evidence of illicit organ trafficking. Some Xinjiang internment camp survivors reported that they were subjected to coerced comprehensive health screenings including blood and DNA testing upon entering the internment camps. There were also reports from former detainees that authorities forced Uyghur detainees to undergo medical examinations of thoracic and abdominal organs. The government continues to claim that it had ended the long-standing practice of harvesting the organs of executed prisoners for use in transplants in 2015.

The treatment and abuse of detainees under the liuzhi detention system, which operates outside the judicial system as a legal tool for the government and CCP to investigate corruption, featured custodial treatment such as extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days, according to press reports (see section 4).

The law states psychiatric treatment and hospitalization should be “on a voluntary basis,” but the law also allows authorities and family members to commit persons to psychiatric facilities against their will and fails to provide meaningful legal protections for persons sent to psychiatric facilities. The law does not provide for the right to a lawyer and restricts a person’s right to communicate with those outside the psychiatric institution.

Impunity was a significant problem in the security forces, including the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, which manages the prison system.

Prison and Detention Center Conditions

Conditions in penal institutions for both political prisoners and criminal offenders were generally harsh and often life threatening or degrading.

Physical Conditions: Authorities regularly held prisoners and detainees in overcrowded conditions with poor sanitation. Food often was inadequate and of poor quality, and many detainees relied on supplemental food, medicines, and warm clothing provided by relatives when allowed to receive them. Prisoners often reported sleeping on the floor because there were no beds or bedding. In many cases provisions for sanitation, ventilation, heating, lighting, and access to potable water were inadequate.

The lack of adequate, timely medical care for prisoners remained a serious problem, despite official assurances prisoners have the right to prompt medical treatment. Prison authorities at times withheld medical treatment from political prisoners. Multiple nongovernmental organizations (NGOs) and news agencies reported detainees at “re-education” centers or long-term extrajudicial detention centers became seriously ill or died.

Political prisoners were sometimes held with the general prison population and reported being beaten by other prisoners at the instigation of guards. Some reported being held in the same cells as death row inmates. In some cases authorities did not allow dissidents to receive supplemental food, medicine, and warm clothing from relatives.

Conditions in administrative detention facilities were similar to those in prisons. Deaths from beatings occurred in administrative detention facilities. Detainees reported beatings, sexual assaults, lack of proper food, and limited or no access to medical care.

In Xinjiang authorities expanded existing internment camps for Uyghurs, ethnic Kazakhs, and other Muslims. In some cases authorities used repurposed schools, factories, and prisons to hold detainees. According to Human Rights Watch, these camps focused on “military-style discipline and pervasive political indoctrination of the detainees.” Detainees reported pervasive physical abuse and torture in the camps and overcrowded and unsanitary conditions.

In August, Qelbinur Sedik, a former teacher at a women’s internment camp, reported approximately 10,000 women had their heads shaved and were forced to live in cramped, unsanitary conditions, injected with unknown substances without their permission, and required to take contraceptive pills issued by a birth-control unit. She reported women were raped and sexually abused on a daily basis by camp guards and said there was a torture room in the camp basement.

In October the government charged Yang Hengjun, an Australian author and blogger who encouraged democratic reform in China, with espionage. He was detained in January 2019 then formally arrested in August 2019. In a September message to his family, Yang said he had been interrogated more than 300 times, at all hours of day and night, for four to five hours at a time.

Administration: The law states letters from a prisoner to higher authorities of the prison or to the judicial organs shall be free from examination; it was unclear to what extent the law was implemented. While authorities occasionally investigated credible allegations of inhuman conditions, their results were not documented in a publicly accessible manner. Authorities denied many prisoners and detainees reasonable access to visitors and correspondence with family members. Some family members did not know the whereabouts of their relatives in custody. Authorities also prevented many prisoners and detainees from engaging in religious practices or gaining access to religious materials.

Independent Monitoring: Authorities considered information about prisons and various other types of administrative and extralegal detention facilities to be a state secret, and the government did not permit independent monitoring.

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention remained serious problems. The law grants public security officers broad administrative detention powers and the ability to detain individuals for extended periods without formal arrest or criminal charges. Lawyers, human rights activists, journalists, religious leaders and adherents, and former political prisoners and their family members continued to be targeted for arbitrary detention or arrest.

The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government generally did not observe this requirement.

The National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI; see section 4) official detention system, known as liuzhi, faced allegations of detainee abuse and torture. Liuzhi detainees are held incommunicado and have no recourse to appeal their detention. While detainee abuse is proscribed by the law, the mechanism for detainees to report abuse is unclear.

Although liuzhi operates outside the judicial system, confessions given while in liuzhi were used as evidence in judicial proceedings. According to 2019 press reports and an August 2019 NGO report, liuzhi detainees were subjected to extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days.

There were no statistics available for the number of individuals in the liuzhi detention system nationwide. Several provinces, however, publicized these numbers, including Hubei with 1,095 and Zhejiang with 931 detained, both in 2019. One provincial official head of the liuzhi detention system stated suspects averaged 42.5 days in detention before being transferred into the criminal justice system.

On January 8, Guangzhou police detained Kwok Chun-fung, a Hong Kong student enrolled at the Guangzhou University of Chinese Medicine, on charges of “soliciting prostitution.” The university issued a statement on January 15 stating that Kwok was under suspicion of soliciting prostitution after being caught in a hotel room with a woman and outlined charges on two additional related offenses that allegedly occurred between November and December 2019. Kwok was cofounder of FindCMed, which provided medical help to injured protesters during Hong Kong’s antigovernment protests. A Hong Kong Baptist University instructor and Kwok’s associates said that the CCP habitually used “soliciting prostitution” as a charge to target opponents since police could detain a suspect administratively without court review. Local media and Kwok’s associates implied his detention was the People’s Republic of China (PRC) government’s retaliation against him for his role in the protests.

In September following her diagnosis with terminal lung cancer, authorities allowed Pu Wenqing, mother of Sichuan-based human rights activist Huang Qi, detained since 2016, to speak to her son in a 30-minute video call, the first contact with her son allowed to her after four years of trying. Pu remained under house arrest with no charges filed as of December. She had been disappeared in 2018 after plainclothes security personnel detained her at a Beijing train station. She had petitioned central authorities earlier in 2018 to release her detained son for health reasons and poor treatment within his detention center.

In a related case, Beijing authorities arbitrarily detained Zhang Baocheng, who had assisted and escorted the elderly Pu Wenqing around Beijing in 2018 as she sought to petition central authorities over her son’s detention. In December 2019 Beijing police charged Zhang, a former member of the defunct New Citizens Movement that campaigned for democracy and government transparency, with “picking quarrels, promoting terrorism, extremism, and inciting terrorism.” A Beijing court convicted him of “picking quarrels” and sentenced him in November to three and one-half years in prison, using his posts on Twitter as evidence against him.

In September, Hursan Hassan, an acclaimed Uyghur filmmaker, was sentenced to 15 years on the charge of “separatism.” Hassan had been held since 2018 arbitrarily without any contact with his family.

Following local resistance to a policy announced on August 26 mandating Mandarin be used for some school courses in Inner Mongolia in place of the Mongolian language, several prominent dissidents were either detained or held incommunicado. Ethnic Mongolian writer Hada, who had already served a 15-year jail term for “espionage” and “separatism” and was under house arrest, was incommunicado as of December. His wife and child’s whereabouts were also unknown. Ethnic Mongolian musician Ashidaa, who participated in protests against the new language policy, was also detained, and family members and lawyers were not permitted to visit him.

Arrest Procedures and Treatment of Detainees

Criminal detention beyond 37 days requires approval of a formal arrest by the procuratorate, but in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest. After formally arresting a suspect, public security authorities are authorized to detain a suspect for up to an additional seven months while the case is investigated.

After the completion of an investigation, the procuratorate may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may detain a suspect for an additional 45 days before beginning judicial proceedings. Public security officials sometimes detained persons beyond the period allowed by law, and pretrial detention periods of a year or longer were common.

The law stipulates detainees be allowed to meet with defense counsel before criminal charges are filed. The criminal procedure law requires a court to provide a lawyer to a defendant who has not already retained one; is blind, deaf, mute, or mentally ill; is a minor; or faces a life sentence or the death penalty. This law applies whether or not the defendant is indigent. Courts may also provide lawyers to other criminal defendants who cannot afford them, although courts often did not do so. Lawyers reported significant difficulties meeting their clients in detention centers, especially in cases considered politically sensitive.

Criminal defendants are entitled to apply for bail (also translated as “a guarantor pending trial”) while awaiting trial, but the system did not operate effectively, and authorities released few suspects on bail.

The law requires notification of family members within 24 hours of detention, but authorities often held individuals without providing such notification for significantly longer periods, especially in politically sensitive cases. In some cases notification did not occur. Under a sweeping exception, officials are not required to provide notification if doing so would “hinder the investigation” of a case. The criminal procedure law limits this exception to cases involving state security or terrorism, but public security officials have broad discretion to interpret these provisions.

Under certain circumstances the law allows for residential surveillance in the detainee’s home, rather than detention in a formal facility. With the approval of the next-higher-level authorities, officials also may place a suspect under “residential surveillance at a designated location” for up to six months when they suspect crimes of endangering state security, terrorism, or serious bribery and believe surveillance at the suspect’s home would impede the investigation. Authorities may also prevent defense lawyers from meeting with suspects in these categories of cases. Human rights organizations and detainees reported the practice of residential surveillance at a designated location left detainees at a high risk for torture, since being neither at home nor in a monitored detention facility reduced opportunities for oversight of detainee treatment and mechanisms for appeal.

Authorities used administrative detention to intimidate political and religious advocates and to prevent public demonstrations. Forms of administrative detention included compulsory drug rehabilitation treatment (for drug users), “custody and training” (for minor criminal offenders), and “legal education” centers for political activists and religious adherents, particularly Falun Gong practitioners. The maximum stay in compulsory drug rehabilitation centers is two years, including commonly a six-month stay in a detoxification center. The government maintained similar rehabilitation centers for those charged with prostitution and with soliciting prostitution.

Arbitrary Arrest: Authorities detained or arrested persons on allegations of revealing state secrets, subversion, and other crimes as a means to suppress political dissent and public advocacy. These charges, as well as what constitutes a state secret, remained ill defined, and any piece of information could be retroactively designated a state secret. Authorities also used the vaguely worded charges of “picking quarrels and provoking trouble” broadly against many civil rights advocates. It is unclear what this term means. Authorities also detained citizens and foreigners under broad and ambiguous state secret laws for, among other actions, disclosing information on criminal trials, commercial activity, and government activity. A counterespionage law grants authorities the power to require individuals and organizations to cease any activities deemed a threat to national security. Failure to comply could result in seizure of property and assets.

There were multiple reports authorities arrested or detained lawyers, religious leaders or adherents, petitioners, and other rights advocates for lengthy periods, only to have the charges later dismissed for lack of evidence. Authorities subjected many of these citizens to extralegal house arrest, denial of travel rights, or administrative detention in different types of extralegal detention facilities, including “black jails.” In some cases public security officials put pressure on schools not to allow the children of prominent political detainees to enroll. Conditions faced by those under house arrest varied but sometimes included isolation in their homes under guard by security agents. Security officials were frequently stationed inside the homes. Authorities placed many citizens under house arrest during sensitive times, such as during the visits of senior foreign government officials, annual plenary sessions of the National People’s Congress (NPC), the anniversary of the Tiananmen massacre, and sensitive anniversaries in Tibetan areas and Xinjiang. Security agents took some of those not placed under house arrest to remote areas on so-called forced vacations.

In February a Ningbo court sentenced Swedish citizen bookseller and Hong Kong resident Gui Minhai to 10 years’ imprisonment for “providing intelligence overseas;” the court said Gui pled guilty. Gui went missing from Thailand in 2015, was released by Chinese authorities in 2017, and was detained again in 2018 while traveling on a train to Beijing, initially for charges related to “illegal business operations.” The Ningbo court said that Gui’s PRC citizenship had been reinstated in 2018 after he allegedly applied to regain PRC nationality.

In May, Nanning authorities tried Qin Yongpei behind closed doors, not allowing his lawyer to attend; as of December there was no update on the trial’s outcome. Qin was detained in October 2019 then formally arrested on charges of “inciting subversion of state power.” He remained in Nanning No. 1 Detention Center. His lawyer, who was not allowed to see Qin until shortly before the trial, said Qin had suffered poor conditions in detention–no bed, insufficient food, sleep deprivation, and extreme indoor heat and humidity in the summers. Authorities continued to block Qin’s wife from communicating or visiting him in prison while local police intimidated their daughters. Qin had worked on several human rights cases, including those of “709” lawyers (the nationwide government crackdown on human rights lawyers and other rights advocates that began on July 9, 2015) and Falun Gong practitioners, assisted many indigent and vulnerable persons, and publicized misconduct by high-level government and CCP officials. He was disbarred in 2018 after having practiced law since the mid-1990s. After being disbarred, Qin founded the China Lawyers’ Club to employ disbarred lawyers.

Pretrial Detention: Pretrial detention could last longer than one year. Defendants in “sensitive cases” reported being subjected to prolonged pretrial detention. From 2015 to 2018, authorities held many of the “709” detainees and their defense attorneys in pretrial detention for more than a year without access to their families or their lawyers. Statistics were not published or made publicly available, but lengthy pretrial detentions were especially common in cases of political prisoners.

At year’s end Beijing-based lawyer Li Yuhan, who defended human rights lawyers during the “709” crackdown, remained in detention at the Shenyang Detention Center; she has been held since 2017 and charged with “picking quarrels and provoking trouble.” Due to her poor health, Li’s attorney submitted multiple requests to Shenyang authorities to release her on medical parole, but each time her request was denied without reason or hearing. Following a January 8 meeting, Li’s lawyer said she was suffering from various medical conditions and applied for bail, but the court rejected her application. Since their January 8 meeting, authorities blocked the lawyer’s access to Li citing COVID-19 concerns. Li’s trial was postponed repeatedly.

On August 14, the Shenyang Tiexi District Court sentenced human rights advocate Lin Mingjie to a total of five years and six months in prison and a 20,000 renminbi (almost $3,000); an appeal was pending at year’s end. Lin had been detained in 2016 for assembling a group of demonstrators in front of the Ministry of Public Security in Beijing to protest Shenyang Public Security Bureau Director Xu Wenyou’s abuse of power. In 2018 Lin was sentenced to two years and six months in prison, including time served, and was reportedly released in April 2019, although his attorney had neither heard from him nor knew his whereabouts. In September 2019 police reportedly detained Lin again for “picking quarrels and provoking disturbance.” Police also detained Lin Mingjie’s brother, Lin Minghua, for “provoking disturbance” in 2016. The Tiexi District Court sentenced Lin Minghua to three years in prison. The authorities did not disclose the details of the case, including the types of “disturbance” of which the two brothers were accused.

e. Denial of Fair Public Trial

Although the law states the courts shall exercise judicial power independently, without interference from administrative organs, social organizations, and individuals, the judiciary did not exercise judicial power independently. Judges regularly received political guidance on pending cases, including instructions on how to rule, from both the government and the CCP, particularly in politically sensitive cases. The CCP Central Political and Legal Affairs Commission have the authority to review and direct court operations at all levels of the judiciary. All judicial and procuratorate appointments require approval by the CCP Organization Department.

Corruption often influenced court decisions, since safeguards against judicial corruption were vague and poorly enforced. Local governments appointed and paid local court judges and, as a result, often exerted influence over the rulings of those judges.

A CCP-controlled committee decided most major cases, and the duty of trial and appellate court judges was to craft a legal justification for the committee’s decision.

Courts are not authorized to rule on the constitutionality of legislation. The law permits organizations or individuals to question the constitutionality of laws and regulations, but a constitutional challenge may be directed only to the promulgating legislative body. Lawyers had little or no opportunity to rely on constitutional claims in litigation.

Media sources indicated public security authorities used televised confessions of lawyers, foreign and domestic bloggers, journalists, and business executives in an attempt to establish guilt before their criminal trial proceedings began. In some cases these confessions were likely a precondition for release. NGOs asserted such statements were likely coerced, perhaps by torture, and some detainees who confessed recanted upon release and confirmed their confessions had been coerced. No provision in the law allows the pretrial broadcast of confessions by criminal suspects.

In July the United Kingdom broadcasting regulator found in its formal investigation that China Global Television Network, the international news channel of China Central Television, broadcast in 2013 and 2014 a confession forced from a British private investigator imprisoned in China. China Global Television Network faced potential statutory sanctions in the United Kingdom. “Judicial independence” remained one of the subjects the CCP reportedly ordered university professors not to discuss (see section 2.a., Academic Freedom and Cultural Events).

“Judicial independence” remained one of the subjects the CCP reportedly ordered university professors not to discuss (see section 2.a., Academic Freedom and Cultural Events).

Trial Procedures

Although the law reaffirms the presumption of innocence, the criminal justice system remained biased toward a presumption of guilt, especially in high-profile or politically sensitive cases.

Courts often punished defendants who refused to acknowledge guilt with harsher sentences than those who confessed. The appeals process rarely reversed convictions, and it failed to provide sufficient avenues for review; remedies for violations of defendants’ rights were inadequate.

Regulations of the Supreme People’s Court require trials to be open to the public, with the exception of cases involving state secrets, privacy issues, minors, or on the application of a party to the proceedings, commercial secrets. Authorities used the state secrets provision to keep politically sensitive proceedings closed to the public, sometimes even to family members, and to withhold a defendant’s access to defense counsel. Court regulations state foreigners with valid identification should be allowed to observe trials under the same criteria as citizens, but in practice foreigners were permitted to attend court proceedings only by invitation. As in past years, authorities barred foreign diplomats and journalists from attending several trials. In some instances authorities reclassified trials as “state secrets” cases or otherwise closed them to the public.

Regulations require the release of court judgments online and stipulate court officials should release judgments, with the exception of those involving state secrets and juvenile suspects, within seven days of their adoption. Courts did not post all judgments. They had wide discretion not to post if they found posting the judgment could be considered “inappropriate.” Many political cases did not have judgments posted.

Individuals facing administrative detention do not have the right to seek legal counsel. Criminal defendants are eligible for legal assistance, but the vast majority of criminal defendants went to trial without a lawyer.

Lawyers are required to be members of the CCP-controlled All China Lawyers Association, and the Ministry of Justice requires all lawyers to pledge their loyalty to the leadership of the CCP upon issuance or annual renewal of their license to practice law. The CCP continued to require law firms with three or more party members to form a CCP unit within the firm.

Despite the government’s stated efforts to improve lawyers’ access to their clients, in 2017 the head of the All China Lawyers Association told China Youth Daily that defense attorneys had taken part in less than 30 percent of criminal cases. In particular, human rights lawyers reported authorities did not permit them to defend certain clients or threatened them with punishment if they chose to do so. Some lawyers declined to represent defendants in politically sensitive cases, and such defendants frequently found it difficult to find an attorney. In some instances authorities prevented defendant-selected attorneys from taking the case and instead appointed their own attorney.

The government suspended or revoked the business licenses or law licenses of some lawyers who took on sensitive cases, such as defending prodemocracy dissidents, house-church activists, Falun Gong practitioners, or government critics. Authorities used the annual licensing review process administered by the All China Lawyers Association to withhold or delay the renewal of professional lawyers’ licenses. In August the Hunan provincial justice department revoked the license for human rights lawyer Xie Yang for his 2017 conviction for “inciting subversion of state power.” Xie said the revocation did not follow proper administrative processes and the complaint against was without proper merits. Xie was a “709” detainee and restarted his law practice soon after his release from prison in 2017.

Other government tactics to intimidate or otherwise pressure human rights lawyers included unlawful detention, vague “investigations” of legal offices, disbarment, harassment and physical intimidation, and denial of access to evidence and to clients.

The law governing the legal profession criminalizes attorneys’ actions that “insult, defame, or threaten judicial officers,” “do not heed the court’s admonition,” or “severely disrupt courtroom order.” The law also criminalizes disclosing client or case information to media outlets or using protests, media, or other means to influence court decisions. Violators face fines and up to three years in prison.

Regulations also state detention center officials should either allow defense attorneys to meet suspects or defendants or explain why the meeting cannot be arranged at that time. The regulations specify that a meeting should be arranged within 48 hours. Procuratorates and courts should allow defense attorneys to access and read case files within three working days. The time and frequency of opportunities available for defense attorneys to read case files shall not be limited, according to the guidelines. In some sensitive cases, lawyers had no pretrial access to their clients and limited time to review evidence, and defendants and lawyers were not allowed to communicate with one another during trials. In contravention of the law, criminal defendants frequently were not assigned an attorney until a case was brought to court. The law stipulates the spoken and written language of criminal proceedings shall be conducted in the language common to the specific locality, with government interpreters providing language services for defendants not proficient in the local language. Observers noted trials were predominantly conducted in Mandarin Chinese, even in non-Mandarin-speaking areas, with interpreters provided for defendants who did not speak the language.

Mechanisms allowing defendants to confront their accusers were inadequate. Only a small percentage of trials reportedly involved witnesses. Judges retained significant discretion over whether live witness testimony was required or even allowed. In most criminal trials, prosecutors read witness statements, which neither the defendants nor their lawyers had an opportunity to rebut through cross-examination. Although the law states pretrial witness statements cannot serve as the sole basis for conviction, prosecutors relied heavily on such statements. Defense attorneys had no authority to compel witnesses to testify or to mandate discovery, although they could apply for access to government-held evidence relevant to their case.

In May labor activists Wu Guijun, Zhang Zhiru, He Yuancheng, Jian Hui, and Song Jiahui were released after being sentenced to suspended jail terms of two to four years in a closed-door trial. They were detained in January 2019 on the charge of “disrupting social order;” according to media Zhang and Wu were prevented from hiring lawyers.

In September, three public interest lawyers–Cheng Yuan, Liu Yongze, and Wu Gejianxiong, also known as the “Changsha Three”–were tried without notice to family or their lawyers on suspicion of “subversion of state power.” The lawyers worked for Changsha Funeng, an organization that litigated cases to end discrimination against persons with disabilities and carriers of HIV and hepatitis B. Cheng Yuan had also worked on antitorture programs, litigation to end the country’s one-child policy, and reform for household registration laws. The details of the trial and its outcome remained unknown as year’s end.

Political Prisoners and Detainees

Government officials continued to deny holding any political prisoners, asserting persons were detained not for their political or religious views but because they had violated the law. Authorities, however, continued to imprison citizens for reasons related to politics and religion. Human rights organizations estimated tens of thousands of political prisoners remained incarcerated, most in prisons and some in administrative detention. The government did not grant international humanitarian organizations access to political prisoners.

Authorities granted political prisoners early release at lower rates than other prisoners. Thousands of persons were serving sentences for political and religious offenses, including for “endangering state security” and carrying out “cult activities.” The government neither reviewed the cases of those charged before 1997 with counterrevolution and hooliganism nor released persons imprisoned for nonviolent offenses under repealed provisions.

Many political prisoners remained either in prison or under other forms of detention after release at year’s end, including writer Yang Maodong (pen name: Guo Feixiong); Uyghur scholars Ilham Tohti and Rahile Dawut; activists Wang Bingzhang, Chen Jianfang, and Huang Qi; Taiwan prodemocracy activist Lee Ming-Che; pastors Zhang Shaojie and Wang Yi; Falun Gong practitioner Bian Lichao; Catholic Auxiliary Bishop of Shanghai Thaddeus Ma Daqin; rights lawyers Xia Lin, Gao Zhisheng, Xu Zhiyong, and Yu Wensheng; blogger Wu Gan; and Shanghai labor activist Jiang Cunde.

Criminal punishments included “deprivation of political rights” for a fixed period after release from prison, during which an individual could be denied rights of free speech, association, and publication. Former prisoners reported their ability to find employment, travel, obtain residence permits and passports, rent residences, and access social services was severely restricted.

Authorities frequently subjected former political prisoners and their families to surveillance, telephone wiretaps, searches, and other forms of harassment or threats. For example, security personnel followed the family members of detained or imprisoned rights activists to meetings with foreign reporters and diplomats and urged the family members to remain silent about the cases of their relatives. Authorities barred certain members of the rights community from meeting with visiting dignitaries.

Politically Motivated Reprisal against Individuals Located Outside the Country

There were credible reports the government attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. There also were credible reports that for politically motivated purposes, the government attempted to exert bilateral pressure on other countries aimed at having them take adverse action against specific individuals.

Reports continued throughout the year regarding PRC pressure on Xinjiang-based relatives of persons located outside China who spoke publicly about the detentions and abusive policies underway inside Xinjiang. In Kazakhstan media reported that Kazakh authorities temporarily detained Aqiqat Qaliolla and Zhenis Zarqyn for their protests in front of the PRC embassy regarding lost family members in Xinjiang “re-education” camps.

PRC state media also released videos of Xinjiang-based ethnic and religious minorities to discredit their overseas relatives’ accounts to foreign media. The persons in the videos urged their foreign-based family members to stop “spreading rumors” about Xinjiang. The overseas relatives said they had lost communication with their Xinjiang relatives until the videos were released.

In July, the PRC state publication China Daily, which targets foreign audiences, challenged the account of a foreign citizen, Ferkat Jawdat, who was called by his mother in May 2019 after having lost contact with her because she was in an internment camp and urged to stop his activism and media interviews; the article said Ferkat’s mother was “living a normal life in Xinjiang and has regular contact with him.” In July, China Daily also contradicted the 2019 account of another Uyghur individual, Zumrat Dawut, regarding her elderly father’s death, saying he was not detained and interrogated but died in a hospital beside her older brothers and other family members. Relatives of Dawut joined in a video in November 2019 urging her to stop “spreading rumors.” Overseas-based relatives said the PRC government coerced their family members to produce such videos.

In July a Chinese activist living in Australia on a temporary work visa told SBS World News that the government tracked and harassed her and her family in an attempt to silence her. The activist, who goes by Zoo or Dong Wuyuan, ran a Twitter account that made fun of Xi Jinping and previously had organized rallies in memory of Li Wenliang, the doctor who died after being one of the first to warn the world about COVID-19. She reported her parents were taken to a police station in China on a weekly basis to discuss her online activities. A video showed a police officer in the presence of Zoo’s father telling her, “Although you are [in Australia], you are still governed by the law of China, do you understand?”

In September an Inner Mongolian living in Australia on a temporary visa reported receiving a threatening call from Chinese officials stating that he would be removed from Australia if he spoke openly about changes to language policy in China.

Even those not vocal about Xinjiang faced PRC pressure to provide personal information to PRC officials or return to Xinjiang. Yunus Tohti was a student in Egypt when PRC police contacted him through social media, asked when he would return to Xinjiang, and ordered him to provide personal details such as a copy of his passport. Yunus then fled from Egypt to Turkey and later arrived in the Netherlands. Police in Xinjiang called Yunus’ older brother in Turkey, told him they were standing next to his parents, and said he should return to Xinjiang, which he understood to be threat against his parents’ safety. Yunus Tohti subsequently lost contact with his family in Xinjiang and worried that they may have been detained.

Civil Judicial Procedures and Remedies

Courts deciding civil matters faced the same limitations on judicial independence as criminal courts. The law provides administrative and judicial remedies for plaintiffs whose rights or interests government agencies or officials have infringed. The law also allows compensation for wrongful detention, mental trauma, or physical injuries inflicted by detention center or prison officials.

Although historically citizens seldom applied for state compensation because of the high cost of bringing lawsuits, low credibility of courts, and citizens’ general lack of awareness of the law, there were instances of courts overturning wrongful convictions. Official media reported that in October, Jin Zhehong was awarded 4.96 million renminbi ($739,000) in compensation for 23 years spent behind bars following an overturned conviction for intentional homicide. The Jilin High People’s Court in an appeal hearing ruled the evidence was insufficient to prove the initial conviction. Jin had originally applied for more than 22 million renminbi (three million dollars) in total compensation after he was freed.

The law provides for the right of an individual to petition the government for resolution of grievances. Most petitions address grievances regarding land, housing, entitlements, the environment, or corruption, and most petitioners sought to present their complaints at local “letters and visits” offices. The government reported approximately six million petitions were submitted every year; however, persons petitioning the government continued to face restrictions on their rights to assemble and raise grievances.

While the central government prohibits blocking or restricting “normal petitioning” and unlawfully detaining petitioners, official retaliation against petitioners continued. Regulations encourage handling all litigation-related petitions at the local level through local or provincial courts, reinforcing a system of incentives for local officials to prevent petitioners from raising complaints to higher levels. Local officials sent security personnel to Beijing to force petitioners to return to their home provinces to prevent them from filing complaints against local officials with the central government. Such detentions often went unrecorded and often resulted in brief periods of incarceration in extralegal “black jails.”

In September relatives of Guo Hongwei, a resident of Jilin City, visited him in prison and reported that Hongwei was physically abused, poorly fed, and suffering unfair mistreatment by prison authorities. He was first arrested and jailed in 2004 for engaging in an “economic dispute” with the Jilin Electronic Hospital. After his release, Hongwei complained to authorities regarding the “unjust treatment” he suffered from the courts and others involved in his case, and he petitioned officials to expunge his prison records and allow him to return to his previous employment. His father said Hongwei appealed his case for years after being released, but authorities ignored his request and at times violently beat Hongwei in their attempt to stop him from appealing, leaving him physically disabled and unable to walk. Despite severe harassment by Jilin security authorities, Hongwei continued to press his case with help from his mother. In 2015 Siping city police reportedly arrested Hongwei and his mother Yunling for “picking quarrels and provoking trouble” and “blackmailing the government.” Hongwei was sentenced to 13 years and Yunling to six years and four months in prison. After Yunling and Hongwei were imprisoned, Hongwei’s sister and Yunling’s daughter–Guo Hongying–began to appeal their cases to the authorities. After being detained in 2018, in April 2019 Hongying was sentenced to four years in prison for “picking quarrels and provoking trouble” and 18 months for “hindering public affairs.” Yunling was released at the end of 2019; Hongwei and Hongying remained in prison.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law states the “freedom and privacy of correspondence of citizens are protected by law,” but authorities often did not respect the privacy of citizens. On May 28, the government passed a new civil code scheduled to enter into force on January 1, 2021, that introduces articles on the right to privacy and personal information protection. Although the law requires warrants before officers can search premises, officials frequently ignored this requirement. The Public Security Bureau and prosecutors are authorized to issue search warrants on their own authority without judicial review. There continued to be reports of cases of forced entry by police officers.

Authorities monitored telephone calls, text messages, faxes, email, instant messaging, and other digital communications intended to remain private. Authorities also opened and censored domestic and international mail. Security services routinely monitored and entered residences and offices to gain access to computers, telephones, and fax machines. Foreign journalists leaving the country found some of their personal belongings searched. In some cases, when material deemed politically sensitive was uncovered, the journalists had to sign a statement stating they would “voluntarily” leave these documents in the country.

According to Civil Rights and Livelihood Watch, a website focusing on human rights in China, Lin Xiaohua began appealing the case for the bribery conviction of his older brother Lin Xiaonan, the former mayor of Fu’an City, Fujian Province. In June, Xiaohua tried to send petition letters and case files to the Supreme People’s Procuratorate, the Supreme People’s Court, and the National Commission of Supervision-CCP Central Discipline Inspection Commission, but the post office opened all the letters then refused to deliver them. In July the Xiamen Culture and Tourism Administration confiscated the letters and files, stating they were “illegal publications.”

According to Freedom House, rapid advances in surveillance technology–including artificial intelligence, facial recognition, and intrusive surveillance apps–coupled with growing police access to user data helped facilitate the prosecution of prominent dissidents as well as ordinary users. A Carnegie Endowment report in 2019 noted the country was a major worldwide supplier of artificial-intelligence surveillance technology, such as facial recognition systems, smart city/safe city platforms, and smart policing technology.

According to media reports, the Ministry of Public Security used tens of millions of surveillance cameras throughout the country to monitor the general public. Human rights groups stated authorities increasingly relied on the cameras and other forms of surveillance to monitor and intimidate political dissidents, religious leaders and adherents, Tibetans, and Uyghurs. These included facial recognition and “gait recognition” video surveillance, allowing police not only to monitor a situation but also to quickly identify individuals in crowds. December media reports said Chinese technology companies developed artificial intelligence, surveillance, and other technological capabilities to help police identify ethnic minorities, especially Uyghurs. The media sources cited public-facing websites, company documents, and programming language from firms such as Huawei, Megvii, and Hikvision related to their development of a “Uyghur alarm” that could alert police automatically. Huawei denied its products were designed to identify ethnic groups. The monitoring and disruption of telephone and internet communications were particularly widespread in Xinjiang and Tibetan areas. The government installed surveillance cameras in monasteries in the Tibetan Autonomous Region (TAR) and Tibetan areas outside the TAR (see Special Annex, Tibet). The law allows security agencies to cut communication networks during “major security incidents.”

According to Human Rights Watch, the Ministry of State Security partnered with information technology firms to create a “mass automated voice recognition and monitoring system,” similar to ones already in use in Xinjiang and Anhui, to help with solving criminal cases. According to one company involved, the system was programmed to understand Mandarin Chinese and certain minority languages, including Tibetan and Uyghur. In many cases other biometric data such as fingerprints and DNA profiles were being stored as well. This database included information obtained not just from criminals and criminal suspects but also from entire populations of migrant workers and all Uyghurs applying for passports.

Forced relocation because of urban development continued in some locations. Protests over relocation terms or compensation were common, and authorities prosecuted some protest leaders. In rural areas infrastructure and commercial development projects resulted in the forced relocation of thousands of persons.

Property-related disputes between citizens and government authorities sometimes turned violent. These disputes frequently stemmed from local officials’ collusion with property developers to pay little or no compensation to displaced residents, combined with a lack of effective government oversight or media scrutiny of local officials’ involvement in property transactions, as well as a lack of legal remedies or other dispute resolution mechanisms for displaced residents. The problem persisted despite central government claims it had imposed stronger controls over illegal land seizures and taken steps to standardize compensation.

Government authorities also could interfere in families’ living arrangements when a family member was involved in perceived sensitive political activities. In August, Lu Lina, wife of dissident and rights activist Liu Sifang, used Liu’s Twitter account to document how her landlord in Chancheng District, Foshan city, Guangdong Province, under an order from local police, asked her to move out of the apartment. Approximately 10 days prior, her child had been expelled from school. Liu Sifang joined the “Xiamen meeting” at the end of 2019 with other citizen activists and organizers. In January police arrested many of the individuals who attended that meeting. Liu was abroad at year’s end.

The government at various levels and jurisdictions continued to implement two distinct types of social credit systems. The first, the corporate social credit system, is intended to track and prevent corporate malfeasance. The second, the personal social credit system, is implemented differently depending on geographic location. Although often generically referred to as the country’s “social credit system,” these two systems collect vast amounts of data from companies and individuals in an effort to address deficiencies in “social trust,” strengthen access to financial credit instruments, and reduce corruption. As such, the social credit system often collected information on academic records, traffic violations, social media presence, friendships, adherence to birth control regulations, employment performance, consumption habits, and other topics.

Although the government’s goal is to create a unified government social credit system, there continued to be dozens of disparate social credit systems, operated distinctly at the local, provincial, and the national government levels, as well as separate “private” social credit systems operated by several technology companies. For example, there were reports in which individuals were not allowed to ride public transportation for periods of time because they allegedly had not paid for train tickets.

Industry and business experts commented that in its present state, the social credit system was not used to target companies or individuals for their political or religious beliefs, noting the country already possessed other tools outside of the social credit system to target companies and individuals. The collection of vast amounts of personal data combined with the prospect of a future universal and unified social credit system, however, could allow authorities to control further the population’s behaviors.

In a separate use of social media for censorship, human rights activists reported authorities questioned them about their participation in human rights-related chat groups, including on WeChat and WhatsApp. Authorities monitored the groups to identify activists, which led to users’ increased self-censorship on WeChat as well as several separate arrests of chat group administrators.

The government continued to use the “double-linked household” system in Xinjiang developed through many years of use in Tibet. This system divides towns and neighborhoods into units of 10 households each, with the households in each unit instructed to watch over each other and report on “security issues” and poverty problems to the government, thus turning average citizens into informers. In Xinjiang the government also continued to require Uyghur families to accept government “home stays,” in which officials or volunteers forcibly lived in Uyghurs’ homes and monitored families’ observance of religion for signs of “extremism.” Those who exhibited behaviors the government considered to be signs of “extremism,” such as praying, possessing religious texts, or abstaining from alcohol or tobacco, could be detained in “re-education camps.”

The government restricted the right to have children (see section 6, Women).

a. Freedom of Expression, Including for the Press

The constitution states citizens “enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.” Authorities limited and did not respect these rights, however, especially when their exercise conflicted with CCP interests. Authorities continued to impose ever tighter control of all print, broadcast, electronic, and social media and regularly used them to propagate government views and CCP ideology. Authorities censored and manipulated the press, social media, and the internet, particularly around sensitive anniversaries and topics such as public health.

Freedom of Speech: Citizens could discuss some political topics privately and in small groups without official punishment. Authorities, however, routinely took harsh action against citizens who questioned the legitimacy of the CCP or criticized President Xi’s leadership. Some independent think tanks, study groups, and seminars reported pressure to cancel sessions on sensitive topics. Many others confirmed authorities regularly warned them against meeting with foreign reporters or diplomats, and to avoid participating in diplomatic receptions or public programs organized by foreign entities.

Those who made politically sensitive comments in public speeches, academic discussions, or remarks to media, or posted sensitive comments online, remained subject to punitive measures, as did members of their family. In addition an increase in electronic surveillance in public spaces, coupled with the movement of many citizens’ routine interactions to the digital space, signified the government was monitoring an increasing percentage of daily life. Conversations in groups or peer-to-peer on social media platforms and via messaging applications were subject to censorship, monitoring, and action from the authorities. An increasing threat of peer-to-peer observation and possible referral to authorities further eroded freedom of speech.

In January the China Independent Film Festival, established in Nanjing in 2003, abruptly suspended operations, citing challenges to its editorial independence. Over its history the festival shared documentaries that addressed topics the authorities considered politically sensitive, including the forced relocation of local communities for largescale development projects.

In April authorities sentenced Chen Jieren, an anticorruption blogger, to 15 years in prison for “picking quarrels and provoking trouble,” extortion, blackmail, and bribery. Chen, a former state media journalist, was detained in 2018 after he accused several Hunan party officials of corruption in his personal blog.

On September 22, a Beijing court sentenced outspoken CCP critic Ren Zhiqiang to 18 years’ imprisonment and a fine of more than four million renminbi ($600,000) for his convictions on multiple charges including corruption, bribery, embezzlement of funds, and abuse of power by a state-owned enterprise official. In February, Ren published an essay online criticizing the CCP’s COVID-19 response. While not mentioning President Xi by name, Ren wrote that he saw “a clown stripped naked who insisted on continuing being called emperor.” Ren was detained in March. His case was largely viewed not as a corruption case, but as a crackdown for his critical public comments against Xi.

Authorities arrested or detained countless citizens for “spreading fake news,” “illegal information dissemination,” or “spreading rumors online.” These claims ranged from sharing political views or promoting religious extremism to sharing factual reports on public health concerns, including COVID-19. From January 1 to March 26 alone, NGO China Human Rights Defenders documented 897 cases of Chinese internet users targeted by police for their information sharing or online comments related to COVID-19. Based on research conducted by China Digital Times, during the same period authorities charged 484 persons with criminal acts for making public comments about the COVID-19 crisis.

This trend remained particularly apparent in Xinjiang, where the government imposed a multifaceted system of physical and cyber controls to stop individuals from expressing themselves or practicing their religion or traditional beliefs. Beyond the region’s expansive system of internment camps, the government and the CCP implemented a system to limit in-person and online speech. In Xinjiang police regularly stopped Muslims and members of non-Han ethnic minorities and demanded to review their cell phones for any evidence of communication deemed inappropriate.

During the year the government significantly extended the automation of this system, using phone apps, cameras, and other electronics to monitor all speech and movement. Authorities in Xinjiang built a comprehensive database that tracked the movements, mobile app usage, and even electricity and gasoline consumption of inhabitants in the region.

The government also sought to limit criticism of their Xinjiang policies even outside the country, disrupting academic discussions and intimidating human rights advocates across the world. Government officials in Xinjiang detained the relatives of several overseas activists.

Numerous ethnic Uyghurs and Kazakhs living overseas were intimidated into silence by government officials making threats against members of their family who lived in China, threats sometimes delivered in China to the relatives, and sometimes delivered by Chinese government officials in the foreign country.

The government increasingly moved to restrict the expression of views it found objectionable even when those expressions occurred abroad. Online the government expanded attempts to control the global dissemination of information while also exporting its methods of electronic information control to other nations’ governments. During the year there was a rise in reports of journalists in foreign countries and ethnic Chinese living abroad experiencing harassment by Chinese government agents due to their criticisms of PRC politics. This included criticisms posted on platforms such as Twitter that were blocked within China.

The government sought to limit freedom of speech in online gaming platforms. The popular Chinese-made online game Genshin Impact censored the words “Taiwan” and “Hong Kong” among others in its in-game chat program. Users noted the program’s censorship covered all users, regardless of the country of citizenship or where the game was being played.

Freedom of Press and Media, Including Online Media: The CCP and government continued to maintain ultimate authority over all published, online, and broadcast material. Officially only state-run media outlets have government approval to cover CCP leaders or other topics deemed “sensitive.” While it did not dictate all content to be published or broadcast, the CCP and the government had unchecked authority to mandate if, when, and how particular issues were reported or to order they not be reported at all. The government’s propaganda department issued daily guidance on what topics should be promoted in all media outlets and how those topics should be covered. Chinese reporters working for private media companies confirmed increased pressure to conform to government requirements on story selection and content.

The Cyberspace Administration of China (CAC) directly manages internet content, including online news media, and promotes CCP propaganda. One of the CCP propaganda department deputy ministers ran the organization’s day-to-day operations. It enjoyed broad authority in regulating online media practices and played a large role in regulating and shaping information dissemination online.

The CCP continued to monitor and control the use of non-Mandarin languages in all media within the country. In April live streamers working in the southern part of the country accused Douyin, the Chinese version of TikTok, of suspending users who spoke Cantonese on its livestreaming platform. One user who regularly used Cantonese in his livestream programs said he had received three short suspensions for “using language that cannot be recognized.” He noted the app included automatic guidelines prompting users to speak Mandarin “as much as possible.”

All books and magazines continued to require state-issued publication numbers, which were expensive and often difficult to obtain. As in the past, nearly all print and broadcast media as well as book publishers were affiliated with the CCP or the government. There were a small number of print publications with some private ownership interest but no privately owned television or radio stations. The CCP directed the domestic media to refrain from reporting on certain subjects, and traditional broadcast programming required government approval.

Journalists operated in an environment tightly controlled by the government. Only journalists with official government accreditation were allowed to publish news in print or online. The CCP constantly monitored all forms of journalist output, including printed news, television reporting, and online news, including livestreaming. Journalists and editors self-censored to stay within the lines dictated by the CCP, and they faced increasingly serious penalties for crossing those lines, which could be opaque. While the country’s increasingly internet-literate population demanded interesting stories told with the latest technologies, government authorities asserted control over technologies such as livestreaming and continued to pressure on digital outlets and social media platforms.

Because the CCP does not consider internet news companies “official” media, they are subject to debilitating regulations and barred from reporting on potentially “sensitive” stories.

Wei Zhili, editor of the citizen media magazine New Generation and a labor rights activist, and his colleague Ke Chengbing remained in detention on charges of “picking quarrels.” Detained in March 2019, as of March 19, Wei had not been allowed to meet with his lawyer. An NGO reported that authorities installed surveillance cameras at the home of Wei’s wife, Zheng Churan.

In June after two years in custody, Chongqing entrepreneur Li Huaiqing went on trial for “inciting subversion of state power;” a verdict had not been announced by year’s end.

Violence and Harassment: The government frequently impeded the work of the press, including citizen journalists. Journalists reported being subjected to physical attack, harassment, monitoring, and intimidation when reporting on sensitive topics. Government officials used criminal prosecution, civil lawsuits, and other punishment, including violence, detention, and other forms of harassment, to intimidate authors and journalists and to prevent the dissemination of unsanctioned information on a wide range of topics.

Family members of journalists based overseas also faced harassment, and in some cases detention, as retaliation for the reporting of their relatives abroad. Dozens of Uyghur relatives of U.S.-based journalists working for Radio Free Asia’s Uyghur Service remained disappeared or arbitrarily detained in Xinjiang.

Restrictions on domestic and foreign journalists by central and local CCP propaganda departments increased significantly.

Journalists faced the threat of demotion or dismissal for publishing views that challenged the government. In many cases potential sources refused to meet with journalists due to actual or feared government pressure. During the year the scope of censorship expanded significantly with several Chinese journalists noting “an atmosphere of debilitating paranoia.” For example, long-standing journalist contacts declined off-the-record conversations, even about nonsensitive topics. In one case, a reporter noted a fear of talking to foreign journalists and said that journalists and editors were even frightened to talk to one another. During the year authorities imprisoned numerous journalists working in traditional and new media. The government also silenced numerous independent journalists by quarantining them under the guise of pandemic response.

In December, Bloomberg reporter Haze Fan was arrested at her apartment complex on suspicion of “endangering national security.” Details surrounding the reasons for her arrest were unclear at year’s end.

In June, Lu Yuyu, founder of the blog Not News, was released from prison after four years following a 2017 conviction for “picking quarrels and provoking trouble,” an ill-defined offense regularly used to target journalists. According to testimony he provided the Committee to Protect Journalists, Lu was seriously beaten twice while incarcerated. Lu said that while in the Dali City detention center he was regularly taken to a special interrogation room, tied to a tiger chair to immobilize his arms and legs, and then shown videos of other persons’ confessions. On one occasion he said he was placed in shackles and handcuffs and then beaten in his cell by at least two guards.

The Foreign Correspondents’ Club of China’s annual report on media freedoms found 82 percent of surveyed correspondents said they experienced interference, harassment, or violence while reporting; 70 percent reported the cancellation or withdrawal of interviews, which they knew or believed to be due to actions taken by the authorities; 25 percent were aware of sources being harassed, detained, called in for questioning, or otherwise suffering negative consequences for interacting with a foreign journalist; and 51 percent said they were obstructed at least once by police or other officials.

In February authorities expelled three Wall Street Journal reporters. In March the government designated the Washington Post, the Wall Street Journal, and Voice of America as foreign missions, forcing all three to report details to the government about their staffing, finances, and operations within the country. The Foreign Correspondents’ Club described the use of press accreditation as the most brazen attempt in the post-Mao era to influence foreign news organizations and to punish those whose work the government deems unacceptable.

Authorities used the visa renewal process to challenge journalists and force additional foreign reporters out of the country. In May officials refused to renew a work permit for a New York Times correspondent, who was then forced to leave the country. In September a Washington Post correspondent departed voluntarily, but authorities declined to issue a new work permit for her successor, leaving the Post without a single reporter in the country.

In late August, Chinese authorities stopped renewing press credentials for journalists regardless of nationality working at U.S. news organizations. The Ministry of Foreign Affairs instead issued letters in lieu of press cards that it warned could be revoked at any time.

Local employees working for foreign press outlets reported increased harassment and intimidation, in addition to authorities’ continued tight enforcement of restrictions on these employees. Foreign news bureaus are prohibited by law from directly hiring Chinese citizens as employees and must rely on personnel hired by the Personnel Service Corporation, affiliated with the Ministry of Foreign Affairs. The code of conduct threatens dismissal and loss of accreditation for those citizen employees who engage in independent reporting. It instructs them to provide their employers information that projects “a good image of the country.” Previously, media outlets reported they were able to hire local staff but had to clear them with government officials. More recently, they said, all hiring must be preapproved and new staff were wary of taking on responsibilities that might be considered politically sensitive, limiting their portfolios and contributions.

In March the Beijing Personnel Service Corporation for Diplomatic Missions ordered the dismissal of at least seven Chinese nationals who worked at U.S. news organizations in Beijing.

According to a foreign reporter, one of his drivers was briefly separated from his car and authorities planted a listening device in his clothing and ordered him to monitor the reporter’s conversations during a trip to Inner Mongolia. On a reporting trip to Inner Mongolia, a different foreign reporter was detained for more than four hours. During the reporter’s detention, one officer grabbed her by the throat with both hands and pushed her into a cell even after she identified herself as an accredited journalist.

Government harassment of foreign journalists was particularly aggressive in Xinjiang. According to the 2019 Foreign Correspondents’ Club report, 94 percent of reporters who traveled to Xinjiang were prevented from accessing locations. Reporters documented cases of staged traffic accidents, road blockages, hotel closures, and cyberattacks. Nearly all foreign journalists reported constant surveillance while they worked in Xinjiang, with government agents stepping in to block access to some areas, intimidating local inhabitants so they would not talk to the journalists, and stopping the journalists–sometimes many times per day–to seize their cameras and force them to erase pictures. Reporters noted local contacts warned them any resident seen talking to foreigners would almost certainly be detained, interrogated, or sent to a “re-education camp.”

Censorship or Content Restrictions: Regulations grant broad authority to the government at all levels to restrict publications based on content, including mandating if, when, and how particular issues are reported.

Official guidelines for domestic journalists were often vague, subject to change at the discretion of propaganda officials, and enforced retroactively. Propaganda authorities forced newspapers and online media providers to fire editors and journalists responsible for articles deemed inconsistent with official policy and suspended or closed publications. Self-censorship remained prevalent among journalists, authors, and editors, particularly with post facto government reviews carrying penalties.

The government sought to exercise complete control over public and private commentary regarding the COVID-19 outbreak, undermining local and international efforts to report on the virus’s spread. COVID-19 information on Chinese social media was closely guarded from the outbreak’s earliest manifestation. Beginning on December 31, 2019, and continuing into 2020, the popular livestreaming and messaging platforms WeChat and YY imposed new censorship protocols, including on words related to the virus causing COVID-19, SARS, and potential disease vectors. On January 2, PRC state media aggressively highlighted the detention of eight doctors in Wuhan who warned about new virus reports via social media in late December, including Dr. Li Wenliang. Li, who later died from the virus, was condemned for “making false statements” on the Internet and was forced to write a self-criticism saying his warnings “had a negative impact.” Top national television news program Xinwen Lianbo reported the detentions while Xinhua published a call from Wuhan police for “all netizens to not fabricate rumors, not spread rumors, not believe rumors.” On January 14, plainclothes police detained journalists trying to report from Wuhan’s Jinyintan Hospital and forced them to delete their television footage and hand in phones and cameras for inspection.

On February 2, government authorities told media outlets not to publish negative coronavirus-related articles. On February 6, the government tightened controls on social media platforms following a Xi Jinping directive to strengthen online media control to maintain social stability. On the same day, citizen journalist and former rights lawyer Chen Qiushi disappeared in Wuhan after posting mobile-phone videos of packed hospitals and distraught families. On February 9, citizen journalist and local businessman Fang Bin disappeared after posting videos from Wuhan that circulated widely on Chinese social media. On February 15, activist Xu Zhiyong was arrested after publishing a February 4 essay calling on Xi Jinping to step down for suppressing information about the virus. On February 16, Tsinghua University professor Xu Zhangrun was placed under house arrest, barred from social media, and cut off from the Internet after publishing an essay declaring, “The coronavirus epidemic has revealed the rotten core of Chinese governance.” On February 26, citizen journalist Li Zehua, who quit his job at state broadcaster CCTV to report independently from Wuhan, was detained. With security officers at his door, Li recorded a video testament to free speech, truth, and the memory of the Tiananmen movement.

In March, Renwu magazine published an interview with a frontline doctor that included allegations the outbreak started in December but that officials warned doctors not to share information about the virus. The story was deleted several hours after it went online.

In April authorities charged three persons with the crime of “picking quarrels and provoking trouble” for their volunteer work with the “Terminus 2049” project, which republishes social media and news reports likely to be censored by the government, including coronavirus outbreak pieces.

Control over public depictions of President Xi increased, with censors aggressively shutting down any depiction that varied from official media storylines. Censors continued to block images of the Winnie the Pooh cartoon character on social media because internet users used the symbol to represent Xi. Social media posts did not allow comments related to Xi Jinping and other prominent Chinese leaders.

Domestic films were subject to government censorship. The CCP issued a series of internal notices calling for films to highlight Chinese culture and values and promote the country’s successful growth. The popular World War Two historical drama The Eight Hundred, released in August, was originally scheduled for release in July 2019 but was abruptly pulled from distribution after censors noted the movie’s heroes rallied around the historically accurate Republic of China flag, which is still in use as the flag of Taiwan. The film was re-edited (and the flag altered) before the August release.

Foreign movies shown in the country were also subject to censorship. In December authorities ordered theaters to stop showing the fantasy action movie Monster Hunter after one day because of a short scene where soldiers made a joke involving the English-language words “knees” and “Chinese.” The movie remained banned even after the German producers apologized and deleted the scene. In September before its release in the country, domestic media outlets were ordered not to cover the new movie Mulan.

Newscasts from overseas news outlets, largely restricted to hotels and foreign residence compounds, were subject to censorship. Individual issues of foreign newspapers and magazines were occasionally banned when they contained articles deemed too sensitive. Articles on sensitive topics were removed from international magazines. Television newscasts were blacked out during segments on sensitive subjects, including for example portions of the U.S. vice-presidential debate when China was a topic of discussion.

Government regulations restrict and limit public access to foreign television shows, which are banned during primetime, and local streamers had to limit the foreign portion of their program libraries to less than 30 percent.

Authorities continued to ban books with content they deemed inconsistent with officially sanctioned views. The law permits only government-approved publishing houses to print books. Newspapers, periodicals, books, audio and video recordings, or electronic publications may not be printed or distributed without the approval of central authorities and relevant provincial publishing authorities. Individuals who attempted to publish without government approval faced imprisonment, fines, confiscation of their books, and other punishment. The CCP also exerted control over the publishing industry by preemptively classifying certain topics as state secrets.

Media reported in May that Chongqing announced a reward of up to 600,000 renminbi ($90,000) for reporting cases concerning imported illegal overseas publications.

Media reported in June that authorities in many rural counties, such as Libo County in Guizhou Province, were cracking down on “politically harmful publications.”

After schools reopened following the COVID-19 outbreak, school libraries in at least 30 provinces and municipalities expunged many titles from their libraries. Government officials ordered school officials to remove books according to a 2019 directive that sought to eliminate any books in school libraries that challenged the “unity of the country, sovereignty or its territory, books that upset society’s order and damage societal stability; books that violate the Party’s guidelines and policies, smear, or defame the Party, the country’s leaders and heroes.”

Authorities often justified restrictions on expression on national security protection grounds. In particular government leaders cited the threat of terrorism to justify restricting freedom of expression by Muslims and other religious minorities. These justifications were a baseline rationale for restrictions on press movements, publications, and other forms of repression of expression.

Internet Freedom

Although the internet was widely available, authorities heavily censored content. During the initial stages of the COVID-19 outbreak in Wuhan, government censors stifled online discussions of the virus. According to Citizen Lab research, between January and May, authorities suppressed more than 2,000 key words related to the pandemic on the messaging platform Wechat, which had an estimated one billion users in the country.

In January and February, authorities censored and otherwise attempted to control online references to Li Wenliang, a local doctor who first raised concerns regarding the outbreak with his colleagues. Li died on February 7, triggering widespread nationwide reactions on social media referring to him as a “whistleblower,” “hero,” and “martyr” for his attempts to warn his colleagues of a “SARS-like virus” as he treated patients in Wuhan. Upon his death, national authorities sent officials from the anticorruption agency National Supervisory Commission to investigate “issues related to Dr. Li Wenliang.” Official media released on March 19 investigation results that acknowledged a police “reprimand letter” issued to Li for his “SARS-related messages in a WeChat group.” The March 19 report called the reprimand letter “inappropriate” while also saying “some hostile forces, aiming to attack the CPC and the Chinese government,” had given Li “untrue” labels.

WeChat similarly blocked private discussions alluding to reports that government officials had allegedly informed foreign governments about the pandemic before they said anything to their own citizens. By March, WeChat began censoring and controlling references to international medical organizations, including the Red Cross and the World Health Organization. During the same period, internet company JOYY Inc.’s video streaming app YY blocked phrases that included any criticism of President Xi or the country’s pandemic response.

On February 3, Xi Jinping told local authorities to ensure the internet is “always filled with positive energy” as part of epidemic prevention efforts. Local authorities issued complementary directives warning citizens not to post information that ran counter to CCP information related to COVID-19 on any social media platforms, including in private messaging groups.

On March 23, Nanjing Normal University’s School of Journalism and Communication published a report estimating more than 40 credible news reports referencing the outbreak published by mainstream Chinese outlets had disappeared since January 23.

Domestic internet authorities led by the Cybersecurity Defense Bureau targeted individuals accused of defaming the government online, whether in public or private messages. Media reports detailed individual cases of police detaining citizens who were identified via search engines. Victims were frequently questioned for hours until they agreed to sign letters admitting their guilt and promising to refrain from “antisocial” behavior. In several cases citizens told reporters that police warned suspects their children could be targeted for their parents’ crimes.

The government continued to employ tens of thousands of individuals at the national, provincial, and local levels to monitor electronic communications and online content. The government reportedly paid personnel to promote official views on various websites and social media and to combat alternative views posted online. Internet companies also independently employed thousands of censors to carry out CCP and government directives on censorship. When government officials criticized or temporarily blocked online platforms due to content, the parent corporations were required to hire additional in-house censors, creating substantial staffing demands well into the thousands and even tens of thousands per company.

The law requires internet platform companies operating in the country to control content on their platforms or face penalties. According to Citizen Lab, China-based users of the WeChat platform are subject to automatic filtering of chat messages and images, limiting their ability to communicate freely.

The Cybersecurity Law allows the government to “monitor, defend, and handle cybersecurity risks and threats originating from within the country or overseas sources,” and it criminalizes using the internet to “create or disseminate false information to disrupt the economic or social order.” The law also codifies the authority of security agencies to cut communication networks across an entire geographic region during “major security incidents,” although the government had previously implemented such measures before the law’s passage.

CAC regulations require websites, mobile apps, forums, blogs, instant communications services, and search engines to ensure news coverage of a political, economic, diplomatic, or commentary nature reflects government positions and priorities. These regulations extend long-standing traditional media controls to new media, including online and social media, to ensure these sources also adhere to CCP directives.

The government expanded its list of foreign websites blocked in the country, which included several thousand individual websites and businesses. Many major international news and information websites were blocked, including the New York Times, Washington Post, Wall Street Journal, the BBC, and the Economist, as well as websites of human rights organizations such as Amnesty International and Human Rights Watch.

Authorities blocked many other websites and applications, including but not limited to Google, Facebook, YouTube, WhatsApp, Twitter, and Wikipedia. Authorities also blocked access to scores of foreign university websites.

Government censors continued to block content from any source that discussed topics deemed sensitive, such as the 2019-20 Hong Kong prodemocracy protests, Taiwan, the Dalai Lama, Tibet, Xinjiang, and the 1989 Tiananmen Square massacre.

The government also significantly increased censorship of business and economic information.

Despite being blocked in China, Twitter was estimated to have millions of users in the country, including government and party officials and prominent journalists and media figures. During the year individuals reported that authorities forced them to give security personnel access to their Twitter accounts, which authorities then used to delete their posts.

Authorities continued to jail numerous internet writers for their peaceful expression of political views. On April 22, prominent blogger Liu Yanli was sentenced to four years in prison by Dongbao District Court in Jingmen City, Hubei Province, on charges of “picking quarrels and provoking troubles.” During her trial the court cited 28 social media posts and articles penned by Liu that criticized past and current Chinese leaders, decried widespread corruption and lack of transparency, demanded protection for military veterans, and called for democratic reform.

Online references to same-sex acts, same-sex relations, and scientifically accurate words for genitalia remained banned based on a 2017 government pronouncement listing same-sex acts or relations as an “abnormal sexual relation” and forbidding its depiction.

While censorship was effective in keeping casual users away from websites hosting content deemed sensitive, many users circumvented online censorship by using various technologies. Information on proxy servers outside the country and software for defeating official censorship were available, although frequently limited by the Great Firewall. Encrypted communication apps such as Telegram and WhatsApp and VPN services were regularly disrupted, especially during “sensitive” times of the year.

The law obliges internet companies to cooperate fully with investigations of suspected leaks of state secrets, stop the transmission of such information once discovered, and report the crime to authorities. This was defined broadly and without clear limits. Furthermore, the companies must comply with authorities’ orders to delete such information from their websites; failure to do so is punishable by relevant departments, such as the Ministry of Public Security and law enforcement authorities.

Academic Freedom and Cultural Events

The government continued to restrict academic and artistic freedom and political and social discourse at colleges, universities, and research institutes. Restrictive Central Propaganda Department regulations and decisions constrained the flow of ideas and persons.

Many intellectuals and scholars exercised self-censorship, anticipating that books or papers on political topics would be deemed too sensitive to be published. Censorship and self-censorship of artistic works was also common, particularly artworks deemed to involve politically sensitive subjects. Authorities scrutinized the content of cultural events and applied pressure to encourage self-censorship of discussions.

The government and the CCP Organization Department continued to control appointments to most leadership positions at universities, including department heads. While CCP membership was not always a requirement to obtain a tenured faculty position, scholars without CCP affiliation often had fewer chances for promotion. Academic subject areas deemed politically sensitive (e.g., civil rights, elite cronyism, and civil society) continued to be off-limits. Some academics self-censored their publications, faced pressure to reach predetermined research results, or were unable to hold conferences with international participants during politically sensitive periods. Foreign academics claimed the government used visa denials, along with blocking access to archives, fieldwork, or interviews, to pressure them to self-censor their work. The use of foreign textbooks in classrooms remained restricted, and domestically produced textbooks continued to be under the editorial control of the CCP.

Undergraduate students, regardless of academic major, must complete political ideology coursework on subjects such as Marxism, Maoism, and Deng Xiaoping thought. The government’s most recent publicly available education planning document, Education Modernization Plan 2035, specifies 10 strategic tasks, the first being to study Xi Jinping thought, implement it throughout the education system, including at primary and secondary education levels, and strengthen political thought education in institutes of higher education. In October the Ministry of Education ordered 37 of the country’s top universities to offer courses about Xi Jinping’s political theories and to require all students to take the courses.

Multiple media reports cited a tightening of ideological controls on university campuses, with professors dismissed for expressing views not in line with CCP thought. In July, Beijing police detained Tsinghua University professor Xu Zhangrun for six days as they investigated him for alleged solicitation of prostitutes in Chengdu in December 2019. Authorities also detained, but did not release, Xu’s publisher Geng Xiaonan and her husband Qin Zhen. Police were investigating Geng for “illegal business operations” ostensibly related to her private publishing business. Observers and Professor Xu’s close associates believed the prostitution charge was fabricated so police could punish him for expressing opinions criticizing the CCP and national leaders. These observers also believed Geng was being punished for publicly supporting Xu after his detention.

In November media reported a growing number of professors being penalized after having been reported by classroom informants for making statements or sharing views perceived as challenging CCP official narratives. For example, a renowned historian was delivering a live-streamed speech at an academic seminar on the rise and fall of the Soviet Union when an hour into the lecture, the feed was suddenly cut due to such a tip, according to the Beijing university that hosted the seminar.

Academics who strayed from official narratives about the COVID-19 pandemic faced increased harassment, censorship, and in some cases interventions by universities and the police. In April, Hubei University investigated a professor for her expression of support for a novelist who documented the government’s lockdown of the city of Wuhan, where the pandemic first erupted. The Free to Think 2020 report released in November by Scholars at Risk noted additional examples, such as the arrest in April of Chen Zhaozhi, a retired University of Science and Technology Beijing professor. Professor Chen commented in an online debate that the coronavirus should be referred to as a “Chinese Communist Party virus” rather than a Chinese virus. According to a media report, in March a primary school teacher in Guiyang, Guizhou Province, was banned from teaching and demoted for making a “wrong” comment on COVID-19 in Wuhan.

Media reports suggested that ideological education was on the rise in primary and secondary schools. In May the Shandong provincial education bureau released a document requiring primary and middle schools to hold Children’s Day activities to instill core socialist values in students and to establish “a sense of honor and mission as communist successors.” On June 1, the Ministry of Education issued the Notice on Studying and Implementing President Xi Jinping’s Children’s Day Message to Masses of Children, urging schools to deepen students’ comprehension of “the great significance of Xi Jinping’s message.” In June schools were reportedly required by the Shandong education bureau to establish “ideological control teams” to ensure teachers did not criticize the government or its socialist system and to monitor references to religious beliefs in class.

In August the Inner Mongolia’s Department of Education announced a new program to change the language of instruction in several core elementary and secondary classes from Mongolian to Mandarin. The policy change sparked a regionwide school boycott and protests among those who viewed the program as an attempt at cultural erasure through education policy. By September 17, approximately 90 percent of student boycotters were back in school after local authorities pressured their parents. According to media reports, nine ethnic Mongolians, mostly teachers and students, committed suicide after coming under such pressure. In August the CCP stepped up moves to eliminate the Mongolian language in schools in Inner Mongolia, ordering Mongolian-language primary schools to switch to Chinese-language teaching by the third grade.

During the academic year, schools faced new prohibitions on the use of international curricula. In January the Ministry of Education announced a ban on foreign textbooks and teaching materials in primary and secondary schools. The CCP’s management of teaching materials spanned nearly all levels of education.

Foreign universities establishing joint venture academic programs in the country must establish internal CCP committees and grant decision-making power to CCP officials. Foreign teachers reported being ordered not to discuss sensitive topics in their classrooms.

Authorities on occasion blocked entry into the country of individuals deemed politically sensitive and, in some cases, refused to issue passports to citizens selected for international exchange programs who were considered “politically unreliable,” singling out Tibetans, Uyghurs, and individuals from other minority areas. A number of other foreign government-sponsored exchange selectees who already had passports, including some academics, encountered difficulties gaining approval to travel to participate in their programs. Academics reported having to request permission to travel overseas and, in some cases, said they were limited in the number of foreign trips they could take per year.

The CCP’s reach increasingly extended beyond the country’s physical borders. For example, in response to the Hong Kong national security law passed in July, which allows PRC authorities to prosecute acts deemed to violate Chinese law wherever they occur, U.S. professors and universities proposed allowing potentially vulnerable students to opt out of classroom discussions that China might view as problematic and incorporating warning labels into class materials for similarly sensitive information. Chinese students studying abroad reported self-censoring because they understand they were being watched and reported on to the PRC even in the classroom, and U.S. professors also reported cases of suspected PRC intelligence gathering in their classes. An online PRC government portal that allows informants to report on behavior believed to harm China’s image saw a 40 percent increase in reports since October 2019.

Authorities in Xinjiang continued to disappear or detain Uyghur academics and intellectuals. Some prominent officials and academics were charged with being “two-faced,” a euphemism referring to members of minority groups serving state and party occupations who harbor “separatist” or “antiofficial” tendencies, including disagreeing with official restrictions on minority culture, language, and religion. Those disappeared and believed still to be held in the camps or otherwise detained included Rahile Dawut, an internationally known folklorist; Abdukerim Rahman, literature professor; Azat Sultan, Xinjiang University professor; Gheyretjan Osman, literature professor; Arslan Abdulla, language professor; Abdulqadir Jalaleddin, poet; Yalqun Rozi, writer, and Gulshan Abbas, retired doctor. Feng Siyu, a Han Chinese student of Rahile Dawut, was also detained. Authorities detained former director of the Xinjiang Education Supervision Bureau Satar Sawut and removed Kashgar University president Erkin Omer and vice president Muhter Abdughopur; all remained disappeared as of December. Tashpolat Tiyip, former president of Xinjiang University, remained detained on charges of “separatism;” some human rights groups reported he had been sentenced to death. Economist Ilham Tohti remained in prison, where he was serving a life sentence after his conviction on separatism-related charges in 2014. For the first time since the 1950s, a non-Uyghur was appointed to lead Xinjiang University, the top university in the autonomous region. Some observers expected this development would likely further erode Uyghur autonomy and limit Uyghurs’ academic prospects.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

While the constitution provides for freedom of peaceful assembly, the government severely restricted this right. The law stipulates such activities may not challenge “party leadership” or infringe upon the “interests of the state.” Protests against the political system or national leaders were prohibited. Authorities denied permits and quickly suppressed demonstrations involving expression of dissenting political views. For example, police in Huizhou detained human rights activist Xiao Yuhui who had retweeted a WeChat post calling for individuals to save Hong Kong.

Citizens throughout the country continued to gather publicly to protest evictions, forced relocations, and inadequate compensation, often resulting in conflict with authorities or formal charges. Media reported thousands of protests took place during the year across the country. Although peaceful protests are legal, public security officials rarely granted permits to demonstrate. Despite restrictions many demonstrations occurred, but authorities quickly broke up those motivated by broad political or social grievances, sometimes with excessive force.

Police continued to detain Xu Zhiyong and Ding Jiaxi, who had both been arrested in December 2019 after they met earlier that month in Xiamen, Fujian, to organize civil society and plan nonviolent social movements in the country. They were charged with “incitement to subvert state power” and “subversion of state power;” the latter crime carries a minimum 10-year prison sentence. Authorities continued to deny the families and their lawyers access to Xu and Ding. Some others indirectly connected were detained but ultimately released during the year, such as disbarred human rights lawyer Wen Donghai and activists Zhang Zhongshun, Li Yingjun, and Dai Zhenya. Those who fled the country did not return.

Concerts, sports events, exercise classes, and other meetings of more than 200 persons require approval from public security authorities. Many such events were canceled during the year due to COVID-19 controls.

Freedom of Association

The constitution provides for freedom of association, but the government restricted this right. CCP policy and government regulations require that all professional, social, and economic organizations officially register with and receive approval from the government. These regulations prevented the formation of autonomous political, human rights, religious, spiritual, labor, and other organizations that the government believed might challenge its authority in any area. The government maintained tight controls over civil society organizations and in some cases detained or harassed NGO workers.

The regulatory system for NGOs was highly restrictive, but specific requirements varied depending on whether an organization was foreign or domestic. Domestic NGOs were governed by charity law and a host of related regulations. Domestic NGOs could register in one of three categories: as a social group, a social organization, or a foundation. All domestic NGOs are required to register under the Ministry of Civil Affairs and find an officially sanctioned sponsor to serve as their “professional supervisory unit.” Finding a sponsor was often challenging, since the sponsor could be held civilly or criminally responsible for the NGO’s activities and sponsoring included burdensome reporting requirements. All organizations are also required to report their sources of funding, including foreign funding.

According to a 2016 CCP Central Committee directive, all domestic NGOs were supposed to have a CCP cell by the beginning of the year, although implementation was not consistent. According to authorities, these CCP cells were to “strengthen guidance” of NGOs in areas such as “decision making for important projects, important professional activities, major expenditures and funds, acceptance of large donations, and activities involving foreigners.” Authorities are also to conduct annual “spot checks” to ensure compliance on “ideological political work, party building, financial and personnel management, study sessions, foreign exchange, acceptance of foreign donations and assistance, and conducting activities according to their charter.”

The law requires foreign NGOs to register with the Ministry of Public Security and to find a state-sanctioned sponsor for their operations or for one-time activities. NGOs that fail to comply face possible civil or criminal penalties. The law provides no appeal process for NGOs denied registration, and it stipulates NGOs found to have violated certain provisions could be banned from operating in the country. The law also states domestic groups cooperating with unregistered foreign NGOs will be punished and possibly banned. In November 2019 the Foreign Ministry publicly confirmed for the first time that public security authorities had investigated and penalized a foreign NGO, in this case the New York-based Asia Catalyst, for carrying out unauthorized activities; Asia Catalyst did not undertake any PRC-focused activities during the year.

Some international NGOs reported it was more difficult to work with local partners, including universities, government agencies, and other domestic NGOs, as the NGO law codified the CCP’s perception that foreign NGOs were a “national security” threat. Many government agencies still had no unit responsible for sponsoring foreign NGOs. Professional supervisory units reported they had little understanding of how to implement the law and what authorities would expect of them. The vague definition of an NGO, as well as of what activities constituted “political” and therefore illegal activities, left many business organizations and alumni associations uncertain whether they fell within the purview of the law. The lack of clear communication from the government, coupled with harassment by security authorities, caused some foreign NGOs to suspend or cease operations in the country. As of November 2, approximately 550 foreign NGO representative offices (representing 454 distinct organizations) had registered under the Foreign NGO Management Law, with nearly half of those focusing on industry or trade promotion activities.

According to the Ministry of Civil Affairs, by the end of 2019, there were more than 860,000 registered social organizations, public institutions, and foundations. Many experts believed the actual number of domestic NGOs to be much higher. NGOs existed under a variety of formal and informal guises, including national mass organizations created and funded by the CCP that are organizationally prohibited from exercising any independence, known as government-operated NGOs, or GONGOs.

For donations to a domestic organization from a foreign NGO, foreign NGOs must maintain a representative office in the country to receive funds, or to use the bank account of a domestic NGO when conducting temporary activities. By law foreign NGOs are prohibited from using any other method to send and receive funds, and such funding must be reported to the Ministry of Public Security. Foreign NGOs are prohibited from fundraising and “for-profit activities” under the law.

Although all registered organizations came under some degree of government control, some NGOs, primarily service-oriented GONGOs, were able to operate with less day-to-day scrutiny. Authorities supported the growth of some NGOs that focused on social problems, such as poverty alleviation and disaster relief. Law and regulations explicitly prohibit organizations from conducting political or religious activities, and organizations that refused to comply faced criminal penalties.

Authorities continued to restrict, evict, and investigate local NGOs that received foreign funding and international NGOs that provided assistance to Tibetan communities in the TAR and other Tibetan areas. Almost all were forced to curtail their activities altogether due to travel restrictions, official intimidation of staff members, and the failure of local partners to renew project agreements.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government at times did not respect these rights.

The government increasingly silenced activists by denying them permission to travel, both internationally and domestically, or keeping them under unofficial house arrest.

In-country Movement: Authorities continued to maintain tight restrictions on freedom of movement, particularly to curtail the movement of individuals deemed politically sensitive before key anniversaries, visits by foreign dignitaries, or major political events, as well as to forestall demonstrations. Uyghurs faced draconian restrictions on movement within Xinjiang and outside the region. Although the use of “domestic passports” that called for local official approval before traveling to another area was discontinued in 2016, authorities still made identification checks for individuals entering or leaving cities and on public roads. In Xinjiang security officials operated checkpoints managing entry into public places, including markets and mosques, that required Uyghurs to scan their national identity card, undergo a facial recognition check, and put baggage through airport-style security screening. Such restrictions were not applied to Han Chinese in these areas.

The government operated a national household registration system (hukou) and maintained restrictions on the freedom to change one’s workplace or residence, although many provinces and localities eased restrictions. While many rural residents migrated to the cities, where per capita disposable income was approximately three times the rural per capita income, they often could not change their official residence or workplace within the country. Most cities had annual quotas for the number of new temporary residence permits they could issue, and all workers, including university graduates, had to compete for a limited number of such permits. It was particularly difficult for rural residents to obtain household registration in provincial capitals, but outside those cities many provinces removed or lowered barriers to move from a rural area to an urban one.

The household registration system added to the difficulties faced by rural residents, even after they relocated to urban areas and found employment. According to the Statistical Communique of the People’s Republic of China on 2019 National Economic and Social Development, published in February by the National Bureau of Statistics of China, 280 million individuals lived outside the jurisdiction of their household registration. Migrant workers and their families faced numerous obstacles with regard to working conditions and labor rights. Many were unable to access public services, such as public education for their children or social insurance, in the cities where they lived and worked because they were not legally registered urban residents.

Under the “staying at prison employment” system applicable to recidivists incarcerated in administrative detention, authorities denied certain persons permission to return to their homes after serving their sentences. Some released or paroled prisoners returned home but did not have freedom of movement.

Foreign Travel: The government permitted emigration and foreign travel for most citizens. Government employees and retirees, especially from the military, faced foreign travel restrictions. The government used exit controls for departing passengers at airports and other border crossings to deny foreign travel to some dissidents and persons employed in government posts. Throughout the year many lawyers, artists, authors, and other activists were at times prevented from exiting the country. Authorities also blocked the travel of some family members of rights activists, including foreign family members.

Border officials and police sometimes cited threats to “national security” as the reason for refusing permission to leave the country, although often authorities provided no reason for such exit bans. Authorities stopped most such persons at the airport at the time of their attempted travel.

Most citizens could obtain passports, although individuals the government deemed potential political threats, including religious leaders, political dissidents, petitioners, as well as their family members and ethnic minorities, routinely reported being refused passports or otherwise being prevented from traveling overseas.

Uyghurs, particularly those residing in Xinjiang, reported great difficulty in getting passport applications approved. They were frequently denied passports to travel abroad, particularly to Saudi Arabia for the Hajj, to other Muslim countries, or to Western countries for academic purposes. Since 2016 authorities ordered Xinjiang residents to turn in their passports or told residents no new passports were available. Foreign national family members of Uyghur activists living overseas were also denied visas to enter the country, in part due to COVID-19 travel restrictions although restrictions predated the pandemic. Because of COVID-19 the government relaxed its efforts to compel Uyghurs studying abroad to return to China. Authorities refused to renew passports for Uyghurs living abroad.

Exile: The law neither provides for a citizen’s right to repatriate nor addresses exile. The government continued to refuse re-entry to numerous citizens considered dissidents, Falun Gong activists, or “troublemakers.” Although in previous years authorities allowed some dissidents living abroad to return, dissidents released on medical parole and allowed to leave the country often were effectively exiled. Because of the COVID-19 pandemic, authorities greatly reduced the total number of travelers who could enter the country, including PRC citizens.

Disbarred lawyers, rights activists, and families of “709” lawyers faced difficulties applying for passports or were barred from leaving the country. For example, disbarred human rights lawyers Wang Yu (also a 709 lawyer) and Tang Jitian remained under exit bans. Family members of some 709 lawyers, such as Li Heping and Wang Quanzhang, had their passport applications denied.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

Although restricting access to border areas, the government regularly cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), which maintained an office in Beijing.

Refoulement: The government continued to consider North Koreans as illegal “economic migrants” rather than refugees or asylum seekers and returned many of them to North Korea without appropriate screening. In North Korea such migrants would face harsh punishments including torture, forced abortions, forced labor, sexual violence, or death. The number of such migrants greatly decreased during the year due to border closures during the COVID-19 pandemic. As of October, PRC authorities held more than 200 defectors because the North Korean government, which had shut its border due to COVID-19, refused to accept them.

North Koreans detained by PRC authorities faced repatriation unless they could pay bribes to secure their release. Family members wanting to prevent forced returns of their North Korean relatives were required to pay fees to Chinese authorities, purportedly to cover expenses incurred while in detention. While detained North Koreans were occasionally released, they were rarely given the necessary permissions for safe passage to a third country.

Access to Asylum: The law does not provide for the granting of refugee or asylum status. The government did not have a system for providing protection to refugees but generally recognized UNHCR-registered refugees in China. Asylum applicants and refugees remained in the country without access to education or social services and were subject to deportation at any time.

North Korean refugees and asylum seekers, particularly young women, were vulnerable to trafficking and forced marriage as a result of their unrecognized status. Authorities continued forcibly to repatriate North Korean refugees and asylum seekers, including trafficking victims, generally deeming them to be illegal economic migrants. The government detained and attempted to deport them to North Korea, where they faced severe punishment or death, including in North Korean forced-labor camps. The government did not provide North Korean trafficking victims with legal alternatives to repatriation.

UNHCR reported that Chinese officials continued to restrict its access to border areas. Authorities sometimes detained and prosecuted citizens who assisted North Korean refugees, as well as those who facilitated illegal border crossings.

Access to Basic Services: Refugees generally did not have access to public health care, public education, or other social services due to lack of legal status.

Durable Solutions: The government largely cooperated with UNHCR when dealing with the local settlement in China of Han Chinese or ethnic minorities from Vietnam and Laos living in the country since the Vietnam War era. The government and UNHCR continued discussions concerning the granting of citizenship to these long-term residents and their children, many of whom were born in China.

g. Stateless Persons

According to international media reports, as many as 30,000 children born to North Korean women in China, most of whom were trafficked and married to Chinese spouses, had not been registered because their North Korean parent was undocumented, leaving the children de facto stateless. These children were denied access to public services, including education and health care, despite provisions in the law that provide citizenship to children with at least one PRC citizen parent. Chinese fathers reportedly sometimes did not register their children to avoid exposing the illegal status of their North Korean partners.

The constitution states, “all power in the People’s Republic of China belongs to the people” and the organs through which citizens exercise state power are the NPC and the people’s congresses at provincial, district, and local levels. In practice the CCP dictated the legislative agenda to the NPC. While the law provides for elections of people’s congress delegates at the county level and below, citizens could not freely choose the officials who governed them. The CCP controlled all elections and continued to control appointments to positions of political power. The CCP used various intimidation tactics, including house arrest, to block independent candidates from running in local elections.

In 2018 the NPC removed the two-term limit for the positions of president and vice president, clearing the way for Xi Jinping to remain in office beyond two terms.

Elections and Political Participation

Recent Elections: In 2018 the NPC’s 2,980 delegates elected the president and vice president, the premier and vice premiers, and the chairman of the Central Military Commission. The NPC Standing Committee, which consists of 175 members, oversaw the elections and determined the agenda and procedures for the NPC. The selection of NPC members takes place every five years, and the process is controlled by the CCP.

The NPC Standing Committee remained under the direct authority of the CCP, and all-important legislative decisions required the concurrence of the CCP’s seven-member Politburo Standing Committee. Despite its broad authority under the state constitution, the NPC did not set policy independently or remove political leaders without the CCP’s approval.

According to Ministry of Civil Affairs 2019 statistics, almost all of the country’s more than 600,000 villages had implemented direct elections by ordinary citizens for members of local subgovernmental organizations known as village committees. The direct election of officials remained narrow in scope and strictly confined to the lowest rungs of local governance. Corruption, vote buying, and interference by township-level and CCP officials continued to be problems. The law permits each voter to cast proxy votes for up to three other voters.

Election law governs legislative bodies at all levels, although compliance and enforcement varied across the country. Under the law citizens have the opportunity every five years to vote for local people’s congress representatives at the county level and below, although in most cases higher-level government officials or CCP cadres controlled the nomination of candidates. At higher levels legislators selected people’s congress delegates from among their ranks. For example, provincial-level people’s congresses selected delegates to the NPC. Local CCP secretaries generally served concurrently within the leadership team of the local people’s congress, thus strengthening CCP control over legislatures.

Political Parties and Political Participation: Official statements asserted “the political party system [that] China has adopted is multiparty cooperation and political consultation” under CCP leadership. The CCP, however, retained a monopoly on political power, and the government forbade the creation of new political parties. The government officially recognized nine parties founded prior to 1949, and parties other than the CCP held 30 percent of the seats in the NPC. These non-CCP members did not function as a political opposition. They exercised very little influence on legislation or policymaking and were only allowed to operate under the direction of the CCP United Front Work Department.

No laws or regulations specifically govern the formation of political parties. The China Democracy Party remained banned, and the government continued to monitor, detain, and imprison its current and former members. China Democracy Party founder Qin Yongmin, detained with his wife Zhao Suli in 2015, had been in Hubei’s Qianjiang Prison since 2018 for “subversion of state power.”

Participation of Women and Members of Minority Groups: Women and members of minority groups held few positions of significant influence in the government or CCP structure. Among the 2,987 appointed delegates to the 13th NPC in 2018, 742 (25 percent) were women. Following the 19th Party Congress in 2017, one member of the CCP Central Committee’s 25-member Politburo was a woman. There were no women in the Politburo Standing Committee.

Election law provides a general mandate for quotas for female and ethnic minority representatives, but achieving these quotas often required election authorities to violate the election law.

A total of 438 delegates from 55 ethnic minorities were members of the 13th NPC, accounting for 16 percent of the total number of delegates. All of the country’s officially recognized minority groups were represented. The 19th Party Congress elected 15 members of ethnic minority groups as members of the 202-person Central Committee. There was no ethnic minority member of the Politburo, and only one ethnic minority was serving as a party secretary of a provincial-level jurisdiction, although a handful of ethnic minority members were serving as leaders in provincial governments. An ethnic Mongolian woman, Bu Xiaolin, served as chair of the Inner Mongolia Autonomous Region, equivalent to a provincial governor. An ethnic Hui woman, Xian Hui, served as chair of the Ningxia Hui Autonomous Region. An ethnic Bai woman, Shen Yiqin, served as governor of Guizhou Province.

Although officials faced criminal penalties for corruption, the government and the CCP did not implement the law consistently or transparently. Corruption remained rampant, and many cases of corruption involved areas heavily regulated by the government, such as land-usage rights, real estate, mining, and infrastructure development, which were susceptible to fraud, bribery, and kickbacks. Court judgments often could not be enforced against powerful special entities, including government departments, state-owned enterprises, military personnel, and some members of the CCP.

Transparency International’s analysis indicated corruption remained a significant problem in the country. There were numerous reports of government corruption–and subsequent trials and sentences–during the year.

Under law the joint National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI) is charged with rooting out corruption, and its investigations may target any public official, including police, judges, and prosecutors; the commission can investigate and detain individuals connected to targeted public officials. The CCDI, the CCP’s internal discipline investigation unit that sits outside of the judicial system, essentially is vested with powers of the state and may conduct investigations against nonparty members. Rules governing NSC-CCDI investigations, operations, and detentions remained unclear.

As of the end of the year, a decision was pending in the appeal of Chen Hongwei, a lawyer in Kangping County in Liaoning Province. Chen sent a letter on May 2018 to the NSC-CCDI reporting that local officials were involved in corruption and violation of rules and laws. Immediately after the letter was sent, Chen reported that his and his family’s mobile phones were monitored and their bank records scrutinized by Kangping authorities. Chen was reportedly detained for approximately 101 days by the Shenyang Supervision Committee, which acted as the local branch of the NSC-CCDI. In December 2019 Chen was fined 800,000 renminbi ($120,000) and sentenced to 15 years in prison by the Liaozhong District Court for alleged corruption, bribery, and fraud, which Chen’s attorney–Zhang Jinwu–claimed as “groundless” accusations.

Corruption: In numerous cases government prosecutors investigated public officials and leaders of state-owned enterprises, who generally held high CCP ranks, for corruption.

While the tightly controlled state media apparatus publicized some notable corruption investigations, in general very few details were made public regarding the process by which CCP and government officials were investigated for corruption. In July the NSC-CCDI published a book for internal circulation detailing the “decadent” and “corrupt” lifestyle of Meng Hongwei, who was serving as the country’s first Interpol president in Lyon, France, while retaining his position as a former PRC Ministry of Public Security vice minister. In January, Meng was convicted of accepting bribes and sentenced to 13.5 years’ imprisonment. He disappeared in 2018 upon arriving in Beijing, taken into custody by “discipline authorities” for suspected corruption.

Financial Disclosure: A regulation requires officials in government agencies or state-owned enterprises at the county level or above to report their ownership of property, including that in their spouses’ or children’s names, as well as their families’ investments in financial assets and enterprises. The regulations do not require declarations be made public. Declarations are submitted to a higher administrative level and a human resource department. Punishments for not declaring information vary from training on the regulations, warning talks, and adjusting one’s work position to being relieved of one’s position. Regulations further state officials should report all income, including allowances, subsidies, and bonuses, as well as income from other jobs. Officials, their spouses, and the children who live with them also are required to report their real estate properties and financial investments, although these reports are not made public. They are required to report whether their children live abroad as well as the work status of their children and grandchildren (including those who live abroad). Officials are required to file reports annually and are required to report changes of personal status within 30 days.

The government sought to maintain control over civil society groups, halt the emergence of independent NGOs, and hinder activities of civil society and human rights groups. The government frequently harassed independent domestic NGOs and in many cases did not permit them to openly monitor or comment on human rights conditions. The government made statements expressing suspicion of independent organizations and closely scrutinized NGOs with financial or other links overseas. The government took significant steps during the year to bring all domestic NGOs under its direct regulatory control, thereby curtailing the space for independent NGOs to exist. Most large NGOs were quasi-governmental, and all official NGOs were required to have a government agency sponsor.

The United Nations or Other International Bodies: The government remained reluctant to accept criticism of its human rights record by other nations or international organizations. The government sharply limited the visits of UN experts to the country and rarely provided substantive answers to queries by UN human rights bodies. A dozen requests for visits to the country by UN experts remained outstanding.

The government used its membership on the UN Economic and Social Council’s Committee on NGOs to block groups critical of China from obtaining UN accreditation and barring accredited activists from participating in UN events. The government also retaliated against human rights groups working with the United Nations.

Women

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. A separate law on sexual assault includes male victims but has a lesser 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 law defines domestic violence as a civil, rather than a criminal, offense. The web publication Sixth Tone reported in 2019 that 25 percent of families had experienced domestic violence. In July the city of Yiwu, Zhejiang Province, launched an inquiry service where engaged couples can look up whether their prospective partner has a history of violence, “either between family members or during cohabitation;” however, as of the end of August, there were no requests to use this database.

In September internet celebrity Lhamo was burned to death during a livestream broadcast by her former husband, who attacked her and lit her on fire with gasoline. Police detained the former husband, surnamed Tang, but at year’s end no further information was available on their investigation into the case. Observers said her death showed how domestic violence remained a serious and prevalent issue in the country.

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. In May the civil code expanded and clarified what conduct can be considered sexual harassment. The law expands the behaviors included in the definition of harassment, eliminates the statute of limitations of minors seeking to sue on sexual harassment grounds, and requires employers to make affirmative efforts to prevent and address sexual harassment in the workplace. 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 July a plaintiff won the country’s first-ever sexual harassment lawsuit, which began in 2018 when a social worker at a Chengdu-based NGO, One Day for Social Service Center, sued her prominent former boss, Liu Meng, for his unwelcome advances. The court, however, neither awarded damages to the plaintiff nor held the NGO accountable. The Ginkgo Foundation, a well known public charity organization, revoked the “Ginkgo Fellow” award it gave to Liu in 2011 in a show of respect for “the plaintiff’s courage and persistence.”

On April 15, a hospital department director in Sichuan was suspended for “inappropriate behavior” after a nurse claimed the director had sexually harassed her. In April a Shanghai-based employee of the German supermarket Aldi sued her supervisor, a foreign national, for repeated sexual harassment.

Human Rights Watch cited one statistic showing nearly 40 percent of women said they experienced sexual harassment in the workplace. Many incidents of workplace sexual harassment, however, were unreported.

The law allows 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.

Reproductive Rights: In 2016 the government partially liberalized the one-child policy enacted in 1979 and raised the birth limit imposed on the vast majority of its citizens from one to two children per married couple. Prior to this change, only select ethnic minorities and certain qualifying couples could exceed the one-child limit. Outside of Xinjiang, citizens have a varied amount of autonomy with their reproductive health and access to contraception. Birth control information and measures were readily available.

Government targeting of ethnic and religious minorities in the Xinjiang Uyghur Autonomous Region resulted in plummeting birth rates since 2018, following reports of intensified government-enforced, coercive family-planning measures. Most Xinjiang prefectures reported large increases in female sterilizations and implantation of intrauterine devices (IUD), with Hotan Prefecture alone more than doubling its female sterilization numbers from 2017 to 2018, according to the most recent figures available. These numbers existed against a backdrop of widespread reports of coercive population control measures–including forced abortions, forced sterilizations, involuntary IUD insertions, and pregnancy checks–occurring at detention centers in the region and targeting minority groups, primarily Uyghurs and ethnic Kazaks. Parents judged to have exceeded the government limit on the number of children (three or more) risk being sent to detention centers unless they pay exorbitant fines.

Penalties for exceeding the permitted number of children were not enforced uniformly; the mildest penalties ranged from fees or administrative penalties, while the most severe were forced abortions, contraceptives, and sterilizations. The law as implemented requires each woman with an unauthorized pregnancy to abort or pay a “social compensation fee,” which can reach 10 times a person’s annual disposable income. Children born to single mothers or unmarried couples were considered “outside of the policy” and under the law could be subject to the social compensation fee and the denial of legal documents, such as birth documents and the hukou residence permit. In practice, however, local governments rarely enforced these regulations.

There was no government information available on sexual or reproductive health services for survivors of sexual violence.

Coercion in Population Control: Under the two-child policy, the government imposes childbirth restrictions and often coerced women and girls into abortions and sterilizations for exceeding birth quotas. Statistics on the percentage of abortions that were coerced during the year were not released by the government. 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. The Population and Family Planning Law permits married couples to have two children and allows couples to apply for permission to have a third child if they meet conditions stipulated in local and provincial regulations. Unmarried women are not authorized to have children and have enormous social maintenance fees imposed on them if they give birth.

According to a June 8 report on the governmental Xinjiang Web news site, approximately eight million “extra pregnancies” are aborted in the country every year, although the site did not indicate whether these abortions were voluntary or not. 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 varied by province–from approximately six to 12 renminbi (one to two dollars) per month up to 3,000 renminbi ($450) 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.”

Starting in 2016, the PRC began relaxing birth control measures for the Han majority. Sterilization procedures plummeted nationwide as the Chinese government began encouraging more births among the Han. At the same time, however, birth control policies directed toward Uyghurs became more stringent. Ethnic and religious minority women were often subject to coercive population control measures. According to a Jamestown Foundation report and other sources that analyzed Chinese government statistics, natural population growth in Uyghur areas had fallen dramatically, with some areas reporting a greater than 80 percent drop in birth rates. Birth rate reduction targets were common in Xinjiang; one area reportedly set a birth rate target of near zero, intending to accomplish this through “family planning work.” Violations could be punished by detention in an internment camp. The government also funded sterilization campaigns targeting Uyghur women; these were reportedly enforced by quarterly “IUD checks” and bimonthly pregnancy tests. There were indications that Uyghur women who had been put in internment camps were injected with drugs that cause a temporary or permanent end to their menstrual cycles and fertility.

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 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 were required to 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 were 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 many 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 previous years those who did not pay the fee were added to a “personal credit blacklist,” 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.

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. 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 were 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 due to pregnancy or maternity leave rather than on sex discrimination, violence against women, or sexual harassment.

Women’s rights advocates indicated that in rural areas women often forfeited land and property rights to their husbands in divorce proceedings. The May 28 civil code included a provision for a 30-day “cooling off” period in cases of uncontested divorce; some citizens expressed concern this could leave those seeking escape from domestic violence liable to further abuse. 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.

Children

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. Children born outside of two-child policy quotas often cannot be registered. Unregistered children could not access public services, including education, health care, identity registration, or pension benefits.

Education: Although the law provides for nine years of compulsory education for children, many children in poor 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 grounds for criminal prosecution, and the law protects children. Sexual abuse of minors, particularly of rural children, was a significant problem.

Child, 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, although NGOs reported that female infanticide due to a traditional preference for sons and coercive birth limitation policies 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.

Displaced Children: The detention of an estimated one million or more Uyghurs, 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, state-run boarding schools, or “child welfare guidance centers,” where they were forcibly indoctrinated with Communist Party ideology and forced to learn Mandarin Chinese, reject their religious and cultural beliefs, 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. 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.

Anti-Semitism

The government does not recognize Judaism as an ethnicity or religion. The World Jewish Congress estimated the Jewish population at 2,500. 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/.

Persons with Disabilities

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.

Members of National/Racial/Ethnic Minority Groups

Government policy called for members of recognized minority groups 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 to travel freely or obtain travel documents; greater surveillance and presence of armed police in ethnic minority communities; and legislative restrictions on cultural and religious practices.

Despite laws that local languages should be used in schools, government authorities in Inner Mongolia announced on August 26 changes to school instruction that require instructors to use Mandarin to teach Chinese language, history, and politics, replacing the Mongolian language and traditional Mongolian script, which reportedly is used only in Inner Mongolia and is viewed as a key part of Mongolian culture. The PRC implemented similar policies in Xinjiang and Tibet as a means to encourage a “national common language,” but which observers viewed as a means to erode unique languages and cultures. The announcement was followed by protests in several cities in Inner Mongolia, as well as parents pulling their children out of schools. International media sources estimated 8,000-10,000 persons were detained because of the protests.

According to the most recent government census (2015), 9.5 million, or 40 percent, of Xinjiang’s official residents were Han Chinese. Uyghur, 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, combined with the government’s discrimination in employment, cultural marginalization, and religious repression, provoked Uyghur resentment.

In 2017 the Xinjiang government implemented “Deradicalization Regulations,” codifying efforts to “contain and eradicate extremism.” The government used this broad definition of extremism to detain, since 2017, more than one million Uyghurs, 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.).

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 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 teaching religion to children. Authorities conducted “household surveys” and “home stays” in which officials or volunteers forcibly lived in Uyghurs’ 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. Authorities also used a vast array of surveillance technology designed to specifically target and track Uyghurs.

Xinjiang government “de-extremification” regulations state 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 that despite this regional law, the “re-education centers” were 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. These policies 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 Uyghur 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 Uyghurs 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.

Uyghurs and members of other religious and ethnic minority groups continued to be sentenced to long prison terms and were in some cases executed without due process on spurious charges of separatism and endangering state security.

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 Uyghur 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. In June outside the Chinese embassy in Kazakhstan’s capital Nur-Sultan, ethnic Kazakh and former Xinjiang resident Akikat Kalliola (alternate spelling Aqiqat Qaliolla) protested the forced detention, “re-education,” and blocked international communications for his Xinjiang-based immediate family members, namely his parents and two brothers. Authorities seized the Xinjiang-based family members’ passports, preventing them from traveling to Kazakhstan to see Kalliola. In December, Kalliola reported his father had died in prison, but by the end of the year, authorities had yet to issue a death certificate or allow access to the body. 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 Uyghurs who had left China, and repatriated Uyghurs faced the risk of imprisonment and mistreatment upon return. Some Uyghurs who were forcibly repatriated disappeared after arriving in China. Family members of Uyghurs 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 Uyghurs, whether they were citizens of the PRC or their countries of residence, were sometimes pressured to provide information about the Uyghur diaspora community to agents of the PRC government.

Freedom of assembly was severely limited 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.

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

No laws criminalize private consensual same-sex conduct 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 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 from publicly discussing their sexual orientation or gender identity. Nonetheless, the May 28 civil code includes a provision that protects certain tenancy rights for designated partners of deceased property owners without officially defined family relationships.

NGOs working on LGBTI issues reported that although public advocacy work became more difficult for them due to laws governing charities and foreign NGOs, they made some progress in advocating for LGBTI rights through specific antidiscrimination cases.

HIV and AIDS Social Stigma

Discrimination against persons with HIV remained a problem, impacting individuals’ employment, education, 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 or AIDS who were barred from housing, education, or employment due to their HIV status. According to the National Health Commission, as of the end of 2019, an estimated 950,000 persons in the country had HIV or AIDS.

According to the law, companies may not demand HIV antibody tests nor dismiss employees for having HIV. Nonetheless, regulations also stipulate 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.

In October 2019 a 32-year-old temporary worker named Liu, who had worked for Mao Tai Liquor Company in Guizhou for two years, was fired after he tested positive for HIV. The Mao Tai staff hospital did not inform him of his HIV test result during his routine medical exam.

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.

In March an 11-year-old girl named Shasha whose HIV was transmitted via her mother was forced to drop out of school due to extensive discrimination at Chiduanwan Elementary School in Hunan.

Promotion of Acts of Discrimination

In an effort to justify the detention of ethnic minorities in Xinjiang and elsewhere, official 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.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

On June 24, police killed Hansel Hernandez Galiano, an unarmed Afro-Cuban man, in Havana. State media initially refused to acknowledge the case, but news circulated quickly across social media. On June 25, the supposedly independent but in fact state-controlled blog Guerrero Cubano issued a detailed story about how Hansel was killed. Other official media outlets followed suit the morning of June 27 when the Ministry of Interior issued a press release with the same account of events related by Guerrero Cubano that was reprinted across official state media.

The official version of Hernandez Galiano’s death was that in the course of a regular patrol, two members of the National Revolutionary Police discovered and chased a suspected thief. Official media stated the suspect ran from police but then confronted them and threw large rocks, some of which hit the officers. The government stated that as the suspect was throwing rocks, one officer fired two warning shots and then a final killing shot. The press release concluded by lamenting Hansel’s death but denigrated his character, claiming Hansel had been found guilty of threatening persons, “lascivious abuse,” and robbery with violence, for which he served a prison term and was on probation.

Outside observers identified a number of reasons to doubt the accuracy of the government’s account. Photographs of the body circulated on social media by Hernandez Galiano’s family members showed a single bullet wound, entering via Hansel’s back and emerging from his chest, indicating he was running from the officers, not actively confronting them. The photographs also showed bruising to his face and sutures closing a cut to the head (possibly post mortem). Members of his family said his body was reportedly quickly cremated, after pressure from the government. Activists criticized the press release’s emphasis on Hansel’s alleged criminal record, with one lawyer saying it “demonstrates their desire to treat him as a defendant and not as a victim.” Authorities stated they would investigate the death but as of December had not publicly released results of an investigation.

At least eight prisoners died in custody in a variety of suspicious circumstances. Roberto Jimenez del Sol, a manager in an army-owned shoe store, died in military custody after spending one month in solitary confinement as part of an investigation into missing funds. Although authorities told his family he died of natural causes, his body displayed signs of abuse. The nongovernmental organization (NGO) Cuba Archive documented at least six other prisoners who died in suspicious circumstances. None of these deaths was reported by official media.

b. Disappearance

There were confirmed reports of long-term disappearances by or on behalf of government authorities. There were multiple reports of detained activists whose whereabouts were unknown for days or weeks because the government did not register these detentions, many of which occurred at unregistered sites.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

There were recurring reports that members of the security forces and their agents harassed, intimidated, and physically assaulted human rights and prodemocracy advocates, political dissidents, and peaceful demonstrators, and that they did so with impunity. Some detainees and prisoners endured physical abuse by prison officials or other inmates at the instigation of guards. Although the law prohibits coercion during investigative interrogations, police and security forces at times used aggressive and physically abusive tactics, threats, and harassment during questioning. Detainees reported officers intimidated them with threats of long-term detention, loss of child-custody rights, denial of permission to depart the country, and other punishments.

State security officials frequently deployed to countries such as Venezuela and Nicaragua, where they trained and supported other organizations in their use of repressive tactics and human rights abuses and sometimes participated in the abuses directly. For instance, Cuban security force members were embedded in the Maduro regime’s security and intelligence services in Venezuela and were instrumental in transforming Venezuela’s Directorate General of Military Counterintelligence (DGCIM) from a small organization focused on external threats to a much larger organization focused on surveilling Venezuelans and suppressing dissent. UN reports accused the DGCIM of torture, and many former Venezuelan prisoners said that Cubans, identified by their distinctive accents, supervised while DGCIM personnel tortured prisoners.

A December 2019 report from the Casla Institute, a Czech Republic-based NGO focused on governance in Latin America, stated the Cuban ambassador in Venezuela was personally involved in organizing this training. The Casla Institute report also stated, “Cubans constantly instruct members of the FANB [Venezuelan armed forces] and intelligence in techniques of repression, intimidation, and monitoring, so that they carry out investigation work and spy on their own colleagues and their families and political and social leaders, and directly intervene in social unrest.”

Impunity was pervasive. There were no known cases of prosecution of government officials for any human rights abuses, including torture and other cruel, inhuman, or degrading treatment or punishment.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening. There were reports that prison officials assaulted prisoners. Prisons were overcrowded, and facilities, sanitation, and medical care were deficient.

The government did not publish official statistics on its prisons. In January, citing information from two senior Ministry of Interior officials, the Spain-based NGO Cuban Prisoners Defenders claimed more than 90,000 persons were in prison, with another 37,000 in other forms of custody such as labor camps, house arrest, or conditional parole.

Physical Conditions: The government provided no information regarding the number, location, or capacity of detention centers, including prisons, work camps, and other kinds of detention facilities. Cuban Prisoners Defenders claimed the government had more than 200 such facilities.

Prison and detention cells reportedly lacked adequate water, sanitation, light, ventilation, and temperature control. Although the government provided some food and medical care, many prisoners relied on their families to provide food and other basic supplies. Potable water was often unavailable. Prison cells were overcrowded. Women reported lack of access to feminine hygiene products and inadequate prenatal care.

In June political prisoner Walfrido Rodriguez Piloto told independent outlet CubaNet he was denied medical care in El Arco del Chico prison camp in Havana’s La Lisa municipality, where he said prisoners were fed less than two ounces of food per day. He said, “This is a concentration camp; I have been here for six days with nephritic colic and without any medical attention. Between the mosquitoes [which carry dengue], the bed bugs, and hunger, I’m going to die here.” He also complained that he was mistreated by fellow prisoners who did “the dirty work” of authorities in exchange for benefits.

Prisoners, family members, and NGOs reported inadequate health care in prisons, which led to or aggravated multiple maladies. Prisoners reported outbreaks of COVID-19, dengue fever, tuberculosis, hepatitis, and cholera. There were reports of prisoner deaths following official indifference to treatable medical conditions such as asthma, HIV, AIDS, and other chronic medical conditions as well as from suicide. Authorities rarely if ever supplied medicine. In May a member of the opposition group Eastern Democratic Alliance posted on Facebook that one of their members, Sandi Fernandez Ortiz, died in Mar Verde Prison in Santiago de Cuba of sepsis due to poor medical care.

Political prisoners were held jointly with the general prison population. Political prisoners who refused to wear standard prison uniforms were denied certain privileges, such as access to prison libraries, reductions in the severity of their sentence, or transfer from a maximum-security to a medium-security prison.

There were credible reports that prison officials assaulted inmates. Political prisoners also reported that fellow inmates, acting on orders from or with the permission of prison authorities, threatened, beat, intimidated, and harassed them.

In July the Inter-American Commission on Human Rights (IACHR) issued a resolution granting precautionary protection measures to Silverio Portal Contreras, who was arrested and beaten in March 2018 following a protest against unsafe housing in Havana. The IACHR resolution detailed complaints made on behalf of Contreras, including reports that following his July 2018 sentencing, prison authorities severely beat Portal on multiple occasions and placed him in an isolation cell, that he was losing his eyesight because of the beatings, that he was denied medical attention for his multiple chronic medical conditions, and that he was prohibited from contacting his family. In determining the gravity of risk to Portal, the IACHR cited the context faced by human rights defenders in Cuba, which it described as “generally characterized by a climate of hostility, abuse, and harassment, particularly with respect to those who have manifested opposition to the government.” On December 1, Portal was released in poor health.

Prisoners reported solitary confinement was a common punishment for failure to comply with prison regulations, and some prisoners were isolated for months at a time. Some prisoners were held incommunicado, without being able to contact friends or family until they were released.

The government subjected prisoners who criticized the government or engaged in hunger strikes and other forms of protest to extended solitary confinement, assaults, restrictions on family visits, and denial of medical care.

Administration: There were reports that prison officials assaulted prisoners, but authorities did not investigate credible allegations of mistreatment. Prisoners reported government officials refused to accept or respond to complaints.

Prisoners and pretrial detainees had access to visitors, although several political prisoners’ relatives reported prison officials arbitrarily canceled scheduled visits or denied visits altogether.

Authorities allowed prisoners to practice their religion, but there were isolated reports authorities did not inform inmates of their right to religious services, delayed months before responding to such requests, and limited visits by clergy to a maximum of two or three times per year.

Independent Monitoring: The government did not permit independent international or domestic human rights groups to monitor prison conditions, and it denied access to detainees by international humanitarian organizations. Although the government pledged in previous years to allow a visit by the UN special rapporteur on torture and other cruel, inhuman, and degrading treatment or punishment, no visit occurred during the year.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Although the 2019 constitution adds explicit protections of freedom and human rights, including habeas corpus, authorities did not observe them, nor did the courts enforce them. The government denied a habeas corpus motion on behalf of political prisoner Jose Daniel Ferrer (see section 1.e., Political Prisoners and Detainees), the only time it was known to have been filed.

Arbitrary arrests and short-term detentions increased and became a routine government method for controlling independent public expression and political activity. The government frequently detained activists arbitrarily without informing them of any charges against them and often denied them the ability to communicate with their relatives.

The government broadened arbitrary arrest powers under the pretext of controlling the COVID-19 pandemic. In December the NGO Human Rights Watch released a report documenting 34 cases in which authorities invoked rules concerning the COVID-19 pandemic to target government critics and others. Documented cases included Keilylli de la Mora Valle, a member of the Patriotic Union of Cuba (UNPACU) political group, who was arrested on April 12 for lowering her mask to smoke a cigarette on the street. She was sentenced to 18 months in prison after protesting her treatment by police. In another incident, on November 26, authorities claiming to be medical personnel entered San Isidro Movement headquarters on the pretext of requiring a COVID-19 test of journalist Carlos Manuel Alvarez who had arrived earlier in the year. They were followed by police wearing medical gowns, who proceeded to arrest the protesters, several of whom later stated they were beaten during the arrests. Officers told the dissidents that a criminal complaint had been filed against them for “spreading an epidemic.”

The law requires that police furnish suspects a signed “report of detention,” noting the basis, date, and location of any detention in a police facility and a registry of personal items seized during a police search. Authorities routinely ignored this requirement. Police routinely stopped and questioned citizens, requested identification, and carried out search-and-seizure operations directed at known activists. Police used legal provisions against public disorder, contempt, lack of respect, aggression, and failure to pay minimal or arbitrary fines as ways to detain, threaten, and arrest civil society activists. Police routinely conducted short-term detentions in order to interfere with individuals’ rights to freedom of assembly and freedom of expression, and at times assaulted detainees.

Police and security officials used short-term and sometimes violent detentions to prevent independent political activity and free assembly. Such detentions generally lasted from several hours to several days.

The law allows for “preventive detention” for up to four years of individuals not charged with an actual crime, based on a subjective determination of “precriminal dangerousness,” which is defined as the “special proclivity of a person to commit crimes, demonstrated by conduct in manifest contradiction of socialist norms.” Mostly used as a tool to control “antisocial” behaviors such as substance abuse or prostitution, authorities also used such detentions to silence peaceful political opponents. Several of the more than 100 individuals considered to be political prisoners by domestic and international human rights organizations were imprisoned under the “precriminal dangerousness” provision of the law.

Arrest Procedures and Treatment of Detainees

Under criminal procedures, police have 24 hours after an arrest to present a criminal complaint to an investigative police official. Investigative police have 72 hours to investigate and prepare a report for the prosecutor, who in turn has 72 hours to recommend to the appropriate court whether to open a criminal investigation.

Within the initial 168-hour detention period, by law detainees must be informed of the basis for the arrest and criminal investigation and have access to legal representation. Those charged may be released on bail, placed in home detention, or held in continued investigative detention. Once the accused has an attorney, the defense has five days to respond to the prosecution’s charges, after which a court date usually is set. Prosecutors may demand summary trials “in extraordinary circumstances” and in cases involving crimes against state security. After the COVID-19 pandemic started to spread in February, the Ministry of Justice regularly invoked “extraordinary circumstances” in order to conduct summary trials.

There were reports that defendants met with their attorneys for the first time only minutes before their trials and were not informed of the basis for their arrest within the required 168-hour period. In the case of summary trials for persons accused of “propagating an epidemic” for allegedly violating COVID-19 restrictions, accused persons were tried and sentenced without representation from legal counsel or the opportunity to present any defense.

Reports suggested bail was available, although bail was typically not granted to persons arrested for political activities. Time in detention before trial counted toward time served if convicted.

Detainees may be interrogated at any time during detention and have no right to request the presence of counsel during interrogation. Detainees have the right to remain silent, but officials do not have a legal obligation to inform them of that right.

By law investigators must complete criminal investigations within 60 days. Prosecutors may grant investigators two 60-day extensions upon request, for a total of 180 days of investigative time. The supervising court may waive this deadline in “extraordinary circumstances” and upon special request by the prosecutor. In the case of the “extraordinary circumstances” waiver, no additional legal requirement exists to complete an investigation and file criminal charges, and therefore authorities may detain a person without charge indefinitely.

Arbitrary Arrest: Officials often disregarded legal procedures governing arrest. They detained suspects longer than the legally mandated period without informing them of the nature of the arrest, without allowing them to contact family members, and without making legal counsel available to them. Police and security officials continued to use short-term and sometimes violent detentions to prevent independent political activity and free assembly. Such detentions generally lasted from several hours to several days. After being taken into custody, these suspects were typically fined and released. The record of the fines frequently lacked information about the law that was broken or the name of the official responsible for the fine, making the fines difficult to contest in court. Sometimes fines formed the basis for preventing persons from leaving the country.

In connection with a planned yearly march on September 8, several activists from UNPACU were arbitrarily detained on September 7. On September 8, immediately after leaving his house with several supporters, UNPACU leader Jose Daniel Ferrer and other supporters were arrested (see also section 2.b., Freedom of Peaceful Assembly). Human rights NGOs reported at least 70 arrests and arbitrary detentions linked to the September 8 “Sunflower Revolution,” a call for nonviolent protests against the regime.

Pretrial Detention: The government held some detainees for months or years in investigative detention, in both political and nonpolitical cases. In nonpolitical cases, delays were often due to bureaucratic inefficiencies and a lack of checks on police. The percentage of prisoners and detainees in pretrial detention was unknown.

e. Denial of Fair Public Trial

While the constitution recognizes the independence of the judiciary, the judiciary is directly subordinate to the National Assembly and the Cuban Communist Party (PCC), which may remove or appoint judges at any time. Political considerations thoroughly dominated the judiciary, and there was no separation of powers between the judicial system, the PCC, and the Council of State.

Civilian courts exist at the municipal, provincial, and national levels. Special tribunals convene behind closed doors for political (“counterrevolutionary”) cases and other cases deemed “sensitive to state security.” Military tribunals may have jurisdiction over civilians if any of the defendants are active or former members of the military, police, or another law enforcement agency. The government denied admission to trials for observers on an arbitrary basis.

Trial Procedures

The law provides for the right to a public trial, but politically motivated trials were at times held in secret, with authorities citing exceptions for crimes involving “state security” or “extraordinary circumstances.” Many trials concluded quickly and were closed to the press. In April, on the basis of the COVID-19 pandemic public health emergency, most trials were converted to summary trials, with many defendants accused of poorly defined claims of “propagating an epidemic” or a range of crimes referred to as “illicit economic activity,” such as hoarding scarce goods. According to state media, in summary trials neither prosecutors nor defense counsel need to be present, only a judge. This protocol, however, imposes a limit on the length of the sentence. If the potential sentence exceeds one year, defendants are to be assigned a lawyer. If persons hire a lawyer, they may bring one; however, few persons received legal representation.

Due process rights apply equally to citizens and foreigners, but courts regularly failed to protect or observe these rights. The law provides criminal defendants the right not to be compelled to testify or confess guilt. The law presumes defendants to be innocent until proven guilty, but authorities often ignored this, placing the burden on defendants to prove innocence.

The law requires that defendants be represented by an attorney, at public expense if necessary. Defendants’ attorneys may cross-examine government witnesses and present witnesses and evidence. Private attorneys are not licensed to practice in criminal courts, forcing defendants to rely on lawyers who work for the very government that is prosecuting them. These attorneys reportedly were often reluctant to defend individuals charged with political crimes or associated with human rights cases and in many cases did not appear to provide adequate counsel.

Criteria for admitting evidence were arbitrary and discriminatory. According to reports, prosecutors routinely introduced irrelevant or unreliable evidence to prove intent or they offered testimony about the defendant’s “revolutionary credentials,” which are demonstrations of loyalty to the PCC or lack thereof.

Defense attorneys have the right to review the investigation files of a defendant unless the charges involve “crimes against the security of the state.” In “state security” cases, defense attorneys were not allowed access to investigation files until charges were filed. Many detainees, especially political detainees, reported their attorneys had difficulties accessing case files due to administrative obstacles. Interpretation was sometimes provided during trials for non-Spanish speakers, but the government claimed limited resources prevented interpreters from always being available.

In trials where defendants are charged with “precriminal dangerousness,” the state must show only that the defendant has a “proclivity” for crime, so an actual criminal act need not have occurred. Penalties may be up to four years in prison. Authorities normally applied this provision to prostitutes, alcoholics, young persons who refused to report to work centers, repeat offenders of laws restricting change of domicile, and political activists who participated in public protests.

The law recognizes the right of appeal in municipal courts but limits the right of appeal in provincial courts to cases involving lengthy prison terms or the death penalty.

Political Prisoners and Detainees

The government held political prisoners and detainees but denied it did so. It refused access to its prisons and detention centers by international humanitarian organizations and the United Nations.

The NGO Cuban Prisoners Defenders estimated there were 134 convicted political prisoners serving sentences as of December 1. Other groups reported different numbers, although figures consistently ranged near 100 or higher. The lack of governmental transparency, along with systemic abuse of due process rights, obscured the true nature of criminal charges, investigations, and prosecutions. This allowed government authorities to prosecute and sentence peaceful human rights activists for criminal violations or “precriminal dangerousness.” The government used the designation of “counterrevolutionary” for inmates deemed to be political opposition, but it did not publicize the number of these inmates. The government closely monitored organizations tracking political prisoner populations, and the organizations often faced harassment from state authorities.

Political prisoners reported the government held them in isolation for extended periods. They did not receive the same protections as other prisoners or detainees. The government frequently denied political prisoners access to home visits, prison classes, telephone calls, and, on occasion, family visits.

The justice system systematically subjected Jose Daniel Ferrer, head of UNPACU, to a wide range of abuses after he was arrested in October 2019 with several colleagues. While he was incarcerated, Ferrer was subjected to routine abuse from fellow prisoners who told him they were being rewarded with special privileges by prison authorities for beating him. During Ferrer’s detention, prison officials at times withheld food and medicine and gave Ferrer only unclean water to drink. Ferrer and his compatriots were convicted of spurious charges of lesiones (inflicting grievous bodily harm) and false imprisonment after a 13-hour trial on February 26 with numerous irregularities.

On the day of Ferrer’s trial, the Ministry of Justice tweeted that Ferrer would get a fair trial but in the same tweet called him “a common criminal” in violation of his right to the presumption of innocence. State media conducted a propaganda campaign against him before his trial that alleged Ferrer was a habitual domestic abuser (which was contradicted by past partners of his). Authorities tightly cordoned off the courthouse and did not allow international observers; most members of the audience were in fact members of the security services. Authorities allegedly attempted to intimidate several defense witnesses. The court ignored evidence (a recorded telephone conversation) from the alleged victim’s wife that suggested the injuries to the alleged victim were the result of a motorcycle accident rather than a beating. The court also ignored evidence that the victim was coerced to testify on behalf of the prosecution.

Civil Judicial Procedures and Remedies

It is possible to seek judicial remedies through civil courts for violations of administrative decisions, but independent legal experts noted general procedural and bureaucratic inefficiencies often delayed or undermined the enforcement of administrative decisions and civil court orders. Civil courts, like all other courts in the country, lacked independence, impartiality, and effective procedural guarantees. No courts allowed claimants to bring lawsuits seeking remedies for human rights violations. On December 20, the National Assembly postponed approval of the Law for the Claim of Constitutional Rights before the Courts, which would have allowed for lawsuits related to rights protected in the constitution.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution provides for the protection of citizens’ privacy rights in their homes and correspondence, and the law requires police to have a warrant signed by a prosecutor or magistrate before entering or conducting a search. Officials, however, did not respect these protections. Reportedly, government officials routinely and systematically monitored correspondence and communications between citizens, tracked their movements, and entered homes without legal authority and with impunity.

Security forces conducted arbitrary stops and searches, especially in urban areas and at government-controlled checkpoints at the entrances to provinces and municipalities. Authorities used dubious pretenses to enter residences where they knew activists were meeting, such as “random” inspections of utilities or spurious reports of a disturbance. Authorities also used seemingly legitimate reasons–often health-related–such as fumigating homes as part of an antimosquito campaign or door-to-door COVID-19 checks as a pretext for illegal home searches.

On November 9, musician and activist Denis Solis was arrested for “contempt” after he posted a video of himself verbally sparring with a lone police officer who entered Solis’ home without permission and refused to produce a warrant. Criminal procedure requires that officers may enter persons’ residences only with another officer present, and also requires a warrant or exigent circumstances, neither of which appeared to exist in this case. Solis, who had previously been arrested twice for protesting restrictions on freedom of expression, was sentenced to eight months in prison.

The Ministry of Interior employed a system of informants and neighborhood committees, known as Committees for the Defense of the Revolution, to monitor government opponents and report on their activities. Agents from the ministry’s General Directorate for State Security frequently subjected foreign journalists, visiting foreign officials, diplomats, academics, and businesspersons to surveillance, including electronic surveillance.

Family members of government employees who left international work missions or similar activities (such as medical missions, athletic competitions, and research presentations) without official permission at times faced government harassment or loss of employment, access to education, and other public benefits. Family members of human rights defenders, including their minor children, reportedly suffered reprisals related to the activities of their relatives. These reprisals included reduction of salary, termination of employment, denial of acceptance into university, expulsion from university, and other forms of harassment.

Arbitrary government surveillance of internet activity was pervasive and frequently resulted in criminal cases and reprisals for persons exercising their human rights. Internet users had to identify themselves and agree they would not use the internet for anything “that could be considered…damaging or harmful to public security.” User software developed by state universities gave the government access to users’ personal data and communications.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, on the condition that the expression “conforms to the aims of socialist society.” The law bans criticism of government leaders and distribution of antigovernment propaganda, with penalties ranging from three months to 15 years in prison.

Freedom of Speech: The government did not tolerate public criticism of government officials or programs, and it limited public debate of topics considered politically sensitive. Several laws criminalize aspects of freedom of expression.

Rather than enforce these laws, police typically used other pretexts to harass and arrest persons exercising freedom of expression. Among the individuals who protested these restrictive laws was Luis Manuel Otero Alcantara, an artist and a leader of the San Isidro Movement (MSI), an organization promoting cultural independence. Several MSI members, such as rapper Maykel Osorbo and Otero Alcantara’s partner Claudia Genlui, were arrested, beaten while in custody, blackmailed by state security, and fined during the year. While some of these arrests were in conjunction with political events or Otero Alcantara’s art, many arrests were arbitrary.

Otero Alcantara, arrested dozens of times in conjunction with his performance art, was charged once, for “defiling national symbols,” a case that was dropped after he spent 13 days incarcerated. He was arrested, among other times: on February 7, for walking around Havana wearing a hard hat in protest of several individuals killed when their state-owned house collapsed; on February 11, for protesting a state television decision to censor a kiss between two men; on September 8, moments after stepping outside his home holding a sign with a black and white sunflower, referencing the country’s patron saint; and on October 10, after gathering individuals to celebrate the anniversary of the Grito de Yara (Cry of Yara, the 1868 start of the country’s independence struggle).

Otero Alcantara was also arrested several times while demonstrating for the freedom of fellow MSI member Denis Solis, including on November 12 when Otero Alcantara and another activist attempted to present a writ of habeas corpus for Solis. Otero Alcantara was arrested on November 26 when authorities raided his house to break up a hunger strike of MSI members. At year’s end he remained on house arrest, despite the government’s not levying charges against him.

State security regularly harassed the organizers of independent debates on cultural and social topics to force them to stop discussing matters deemed controversial. The organizers reported assaults by state security, video surveillance installed outside of venues, and detention of panelists and guests on the days they were expected to appear.

Government workers reported being fired, demoted, or censured for expressing dissenting opinions or for affiliating with independent organizations.

Alexander Raul Pupo Casas told independent media outlet CiberCuba that he was forced out of his residency program in neurosurgery at the Ernesto Che Guevara Hospital. His supervisor, Ponce de Leon Noriega, viewed Facebook posts from Pupo Casas that were critical of the government, including its low salaries for medical professionals. Noriega then publicly denounced Pupo Casas as “counterrevolutionary” and started proceedings to expel him from the hospital.

Religious groups reported increased restrictions on expressing their opinions during sermons and at religious gatherings, with authorities sometimes using COVID-19 restrictions to prevent persons from worshipping. Most members of the clergy exercised self-censorship. Religious leaders in some cases criticized the government, its policies, and the country’s leadership without reprisals. Other religious groups, particularly those not officially state-sanctioned, reported harassment and destruction of houses of worship.

Freedom of Press and Media, Including Online Media: The government or the PCC directly owned all print and broadcast media outlets and all widely available sources of information. News and information programming were generally uniform across all government-controlled outlets. The government controlled all printing presses and nearly all publications. The party censored public screenings and performances. The government limited the importation of printed materials.

Foreign correspondents had limited access to and often were denied interviews with government officials. Foreign correspondents struggled to gather facts and reliable data for stories. The government harassed and denied access to correspondents who reported stories deemed critical of the government. As a result of self-censorship and lack of access, foreign journalists rarely published stories on human rights violations while inside the country. Despite meeting government vetting requirements, journalists belonging to state media institutions who reported on sensitive subjects did so at personal risk, and the government barred them from working for unofficial media outlets in addition to their official duties. The government harassed and threatened any independent citizen journalists who reported on human rights violations.

After Camila Acosta started working as an independent journalist in August 2019, she endured nearly constant state harassment and other abuses for her work. Since February she was forced to move at least six times (including several times during the peak of the COVID-19 outbreak) due to police harassment of her landlords for “hosting a dissident.” She was arbitrarily arrested, detained, abused, fined, threatened, and interrogated at length on many occasions. For example, on July 31, she was waiting for friends in a park in Havana when two officers approached her, asked for her identity document, arrested her, and took her to a police station. Inside her bag they found several facemasks reading, “No to Decree 370,” a reference to legalized surveillance of electronic communication without a court order. The officers forced Acosta to strip and searched her further. Police fined her and threatened further prosecution for protesting the decree. On March 9, police arrested Acosta while she covered a demonstration for the freedom of artist and activist Luis Manuel Otero Alcantara (see section 2.a., Freedom of Speech). Police gave her a large fine and threatened her with “deportation” to her home province, Isla de la Juventud.

Violence and Harassment: The government did not recognize independent journalism, and independent journalists frequently faced government harassment, including detention and physical abuse. Most detentions were of independent journalists who filmed arrests and harassment of activists or otherwise attempted to cover politically sensitive topics. Community members and journalists for the Cuban Institute for Freedom of Expression and of the Press reported increased repression after President Diaz-Canel took office. Independent reporters experienced harassment, violence, intimidation, aggression, and censorship, and several were confined to their homes or prevented from traveling abroad. On November 22, security forces allowed a progovernment mob to block registered foreign media teams from reporting on protests for the freedom of Denis Solis in Havana’s central park. Foreign media reported the mob “pushing, shoving, and punching one cameraman four or five times in the body.”

Censorship or Content Restrictions: The law prohibits distribution of printed materials considered “counterrevolutionary” or critical of the government. Foreign newspapers and magazines were generally unavailable outside of tourist areas. Distribution of material with political content–interpreted broadly to include the Universal Declaration of Human Rights, foreign newspapers, and independent information on public health–was not allowed, and possession of these materials sometimes resulted in harassment and detention. Government officials also confiscated or destroyed cameras and cell phones of individuals to prevent them from distributing photographs and videos deemed objectionable.

The government sometimes barred independent libraries from receiving materials from abroad and seized materials donated by foreign governments, religious organizations, and individuals.

Libel/Slander Laws: The government used defamation of character law to arrest or detain individuals critical of the country’s leadership. Authorities frequently arrested and charged persons with the vague crime of “contempt of authority.”

Internet Freedom

The government restricted access to the internet, and the country had a low internet connectivity rate. All internet access was provided through state monopoly companies, and the government has unrestricted and unregulated legal authority to monitor citizens’ and foreigners’ use of email, social media, internet chat rooms, and browsing. The government controlled all internet access, except for limited facilities provided by a few diplomatic missions and a small number of underground networks. The government used a combination of website blocking, pressure on website operators, arrests, intimidation, imprisonment, and unrestricted surveillance to censor information critical of the regime and to silence its critics. Despite heavy restrictions, citizens circumvented government censorship through grassroots innovations. Access to blocked outlets was generally possible only through a virtual private network.

For most internet users, the cost of accessing non-Cuban sites remained higher than the cost of accessing domestic ones, most of which were controlled by the government. Some individuals could connect at low or no cost via state institutions where they worked or studied. The government closely monitored web access points, such as Wi-Fi hotspots, cybercafes, and access centers, as well as the backbone internet infrastructure, which was directly controlled by the government.

The government selectively granted censored in-home internet access to certain areas of Havana and sectors of the population, consisting mostly of government officials, established professionals, some professors, and students, journalists, and artists. Others could access email and internet services through government-sponsored “youth clubs,” internet cafes, or Wi-Fi hot spots approved and regulated by the Ministry for Information, Technology, and Communications. Users were required to purchase prepaid cards to access the internet.

During the year the government increased the number of Wi-Fi hot spots and increased mobile service that allowed persons greater access to the internet on their cell phones through the state telecommunications monopoly ETECSA without needing to connect to public Wi-Fi. The cost of this improved service was far beyond the means of most citizens; the cost of basic internet packages exceeded the average monthly wage.

In addition to public Wi-Fi hot spots, citizens and foreigners could buy internet access cards and use hotel business centers. Authorities reviewed the browsing history of users, reviewed and censored email, and blocked access to websites the government considered objectionable. The number of blocked websites fluctuated. The government blocked approximately 20 websites on a regular basis, including independent media outlets such as CiberCuba, 14yMedio, CubaNet, ADNCuba, Tremenda Nota, Marti Noticias, and other websites critical of the government’s human rights record. The government blocked access to Freedom House’s Freedom on the Net report. The government blocked internet tools and websites that the government considered contrary to its interests.

Public reports revealed that the government monitored citizens’ internet use and retaliated against them for their speech. The government selectively blocked the communications of government critics to prevent them from communicating with one another, sharing content, or reporting on government harassment. This occurred, for example, when activists attempted to gather in protest of the killing of Hansel Hernandez on June 30 (see section b., Freedom of Peaceful Assembly). At least 20 activists and journalists had their connectivity to the internet severed by the state that day.

Human rights activists reported frequent government monitoring and disruption of cell phone and landline services prior to planned events or key anniversaries related to human rights. ETECSA frequently disconnected the telecommunication service of human rights organizers, often just before their detention by state security or to disrupt planned activities. For example, artist and activist Tania Bruguera reported that her internet access was blocked for at least 45 days after she participated in protests on November 27 and was subsequently illegally confined to house arrest.

Human rights activists reported government employees (“trolls”) tracked the social media accounts of activists. Activists also reported on the government’s practice of sending mass text messages warning neighbors to avoid association with dissidents.

The government frequently targeted users of SNet (abbreviated from Street Network), a grassroots system of user-owned and user-operated wireless networks that allowed persons to exchange information outside of state control. While the law does not set specific penalties for unauthorized internet use, it is illegal to own a satellite dish that provides uncensored internet access, and authorities restricted the use of networking equipment that was key to SNet. The government restricted the importation of wireless routers, actively targeted private wireless access points, and confiscated equipment. After tolerating the growth of SNet for years, the government completed its expropriation of the system in 2019, and networks outside of government control essentially ceased to exist.

The use of encryption software and the transfer of encrypted files are also technically illegal, but information on enforcement of this restriction was not available. Despite poor access, harassment, and infrastructure problems, a growing number of citizens maintained news sites and blogs in which they posted opinions critical of the government with help from persons living outside the country, often expatriate Cubans. The government blocked local access to many of these blogs. In addition a small but growing number of citizens used Twitter, Facebook, Instagram, Telegram, YouTube, and other social networks to report independently, including observations critical of the government. Like other government critics, bloggers faced government harassment, including detention, physical abuse, and often the destruction or confiscation of their internet equipment and devices.

Academic Freedom and Cultural Events

The government restricted academic freedom and controlled the curricula at all schools and universities, emphasizing the importance of reinforcing PCC rule through “revolutionary ideology” and “discipline.” Most academics refrained from meeting with foreigners, including diplomats, journalists, and visiting scholars, without prior government approval. Government monitors were sometimes present at these meetings. Those persons permitted to travel abroad were aware that their actions, if deemed politically unfavorable, could negatively affect them and their relatives in Cuba. Several university professors, researchers, and students reported they were forced out of their positions, demoted, or expelled for expressing ideas or opinions outside of government-accepted norms.

Outspoken artists and academics faced harassment and criticism orchestrated by the government. According to the digital magazine Tremenda Nota, academics and their students faced increased discrimination based on ideology and politics during the year.

On October 8, the NGO Observatory of Academic Freedom, founded in July by Cuban exiles, published the first of two reports on ideological discrimination in Cuban universities. In remarks accompanying the presentation, “Political Discrimination in Cuban Higher Education as a Violation of Academic Freedom,” several former Cuban academics described the censorship and punitive actions that led to their dismissals from university positions.

During the year universities adopted new admissions criteria to give greater weight to prospective students’ ideological beliefs.

Public libraries required citizens to complete a registration process before the government granted access to books or information. Citizens could be denied access if they could not demonstrate a need to visit a particular library. Libraries required a letter of permission from an employer or academic institution for access to censored, sensitive, or rare books and materials. Some religious institutions organized small libraries. Independent libraries were illegal but continued to exist, and owners faced harassment and intimidation.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

Although the constitution grants a limited right of assembly, the right is subject to the requirement that it may not be “exercised against the existence and objectives of the socialist state.” The law requires citizens to request authorization for organized meetings of three or more persons, and failure to do so carries a penalty of up to three months in prison and a fine. The government tolerated some gatherings, and many religious groups reported the ability to gather without registering or facing sanctions. Christian Solidarity Worldwide, however, reported that in other cases the government harassed leaders of house churches and owners of homes where house church congregations met. Many house church leaders also reported frequent visits from state security agents or PCC officials. Some reported they received warnings from agents and officials that the education of their children, or their own employment, could be “threatened” if the house church leaders continued their activities.

Independent activists and political parties other than the PCC faced greater obstacles than religious groups. State security forces often suppressed attempts to assemble, even for gatherings in private dwellings and in small numbers. The government refused to allow independent demonstrations or public meetings by human rights groups or any others critical of any government activity.

The government routinely arrested individuals who attempted to assemble, by either placing them under house arrest or taking them into custody if they left their residences.

On November 27, a group of persons assembled outside the Ministry of Culture to demonstrate against the government’s efforts to suppress protests. This was the sole example of a protest successfully forming and being allowed to disperse peacefully. At this event, well known cultural figures protested the government’s treatment of the MSI and its members and demanded the “right to have rights.”

On June 24, police killed Hansel Hernandez Galiano, an unarmed Afro-Cuban man, in Havana (see section 1.a.). Prominent activists soon adopted a #Justice4Hansel campaign and called for protests on June 30 at Havana’s Yara Theater. On the eve of the planned protests, the government arrested scores of potential protesters and deployed a sophisticated media campaign modeled on the #BlueLivesMatter countermovement. Reportedly, no one actually arrived at the protest site because at least 35 individuals were arrested and another 33 were held under house arrest before the planned protest.

State communications monopoly ETECSA, part of the Ministry of Communications, cut off internet access for targeted activists and independent journalists. A state security official informed one activist he would not be allowed to leave his house on June 30 and that whoever tried to attend the protest for Hansel Hernandez Galiano would be arrested for “propagation of an epidemic.” Jose Daniel Ferrer, the leader of UNPACU and the most prominent opposition leader, endorsed the calls to protest. On June 30, police locked the front door to his house from the outside, and when Ferrer and his 17-year-old son climbed out from the roof to join the protest, police arrested them both. Two activists, artist Luis Manuel Otero Alcantara and rapper Maykel Castillo, were also arrested and taken into custody. (Days earlier, Otero Alcantara and Castillo had associated themselves with the #Justice4Hansel movement.) Police subsequently violently abused them and prevented them from filing a complaint. Everyone arrested for the June 30 protest was released within two days, except for Diario de Cuba reporter Jorge Enrique Rodriguez, who was held for five days after filming police violence against two young persons.

On October 10, the anniversary of the Grito de Yara proclaiming Cuban independence from Spain, the regime arrested–sometimes violently–more than 20 artists and activists in a crackdown on a peaceful demonstration for political change organized by the San Isidro Movement in Havana. According to media reports, the majority of the activists were held for approximately seven hours by police.

On numerous occasions, the government, using undercover police and Ministry of Interior agents, organized “acts of repudiation” by crowds organized to assault and disperse persons who assembled peacefully. Persons in these crowds arrived in government-owned buses or were recruited by government officials from nearby workplaces or schools. Participants arrived and departed in shifts, chanted progovernment slogans, sang progovernment songs, and verbally taunted those who had peacefully assembled. The persons targeted by this harassment at times suffered physical assault or property damage. Government security officials at the scene, often present in overwhelming numbers, did not arrest those who physically attacked the victims, and they did not respond to victims’ complaints. Instead, government security officials frequently orchestrated activities against protesters or took direct part in physical assaults.

Freedom of Association

The government routinely denied freedom of association to citizens and did not recognize independent associations. The law proscribes any political organization not officially recognized. A number of independent organizations, including opposition political parties and professional associations, operated as NGOs without legal recognition, and police sometimes raided their meetings.

For example, the Damas de Blanco (Ladies in White), an association of female political activists originally formed to protest the detention of their male relatives, was subjected to arbitrary arrest whenever it tried to meet, constant surveillance of the house that served as their headquarters, and harassment by state officials and local PCC members.

Recognized churches (including the Roman Catholic humanitarian organization Caritas), the Freemason movement, and a number of fraternal and professional organizations were the only organizations legally permitted to function outside the formal structure of the state or the ruling party. Religious groups are under the supervision of the PCC’s Office of Religious Affairs, which has the authority to deny permits for religious activities; it exerted pressure on church leaders to refrain from including political topics in their sermons and often limited freedom of movement for independent pastors.

Groups are required to register through the Ministry of Justice to receive official recognition. Authorities ignored applications for legal recognition from new groups, including several new religious groups, women’s rights organizations, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights organizations. The lack of official recognition left group members open to potential charges of illegal association.

The government gave preferential treatment to persons who took an active part in PCC activities and mass demonstrations in support of the government. Preferential treatments included valued public benefits such as admissions to higher education, fellowships, and job opportunities.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

There were increased restrictions on freedom of movement within the country, foreign travel, and migration with the right of return. The government controlled internal migration from rural areas to Havana, sometimes arresting and expelling persons from Havana if authorities discovered their national identity card listed them as living in another city. The government also barred some citizens and persons of Cuban descent living abroad from entering the country, apparently on grounds that these visitors were critical of the government, had “abandoned” postings abroad as low-paid medical doctors, or had defected when they were abroad as athletes. The government prevented many Cubans who normally were residents in another country but who were caught in Cuba during the COVID-19 pandemic from leaving the country.

When former government employees emigrated from the country, sometimes their family members lost public benefits or were denied passports to travel and join their family members abroad. The law provides for imprisonment of up to three years or a moderate fine for first-time “rafters” (those who attempted to depart the country clandestinely, commonly using homemade vessels), although these attempts were less frequent than in previous years. Most persons caught attempting unauthorized departures via sea were detained briefly under quarantine as a precaution against COVID-19. In the case of military or police defectors or those traveling with children, the punishment could be more severe.

Under the terms of the 1994-95 U.S.-Cuba migration accords, the government agreed not to prosecute or retaliate against migrants returned from international or U.S. waters or from the Guantanamo U.S. Naval Station after attempting to emigrate illegally, assuming they had not committed a separate criminal offense. Some would-be migrants in these circumstances, however, alleged harassment and discrimination, such as fines, expulsion from school, and job loss.

In-country Movement: Although the constitution allows all citizens to travel anywhere within the country, establishing residence in Havana was restricted. The local housing commission and provincial government authorities must authorize any change of residence. The government may fine persons living in a location without authorization and send them back to their legally authorized residence. There were reports that authorities provided only limited social services to illegal Havana residents and at times restricted food purchases to a person’s official neighborhood of residence. Police threatened to prosecute anyone who returned to Havana after expulsion.

The law permits authorities to bar an individual from a certain area within the country, or to restrict an individual to a certain area, for a maximum of 10 years. Under this provision, authorities may internally exile any person whose presence in a given location is determined to be “socially dangerous.” Dissidents frequently reported authorities prevented them from leaving their home provinces, or that authorities detained and returned the dissidents to their homes, even though the dissidents had no written or formal restrictions placed against them.

Foreign Travel: The government continued to require persons from several professional and social categories to obtain permission to emigrate. The affected persons included highly specialized medical personnel; military or security personnel; many government officials, including academics; and many former political prisoners and human rights activists.

The government prohibited human rights activists, independent journalists, and artists from traveling outside the country to attend events related to human rights and democracy. The government used arbitrary or spurious reasons to deny permission for human rights activists to leave the country to participate in workshops, events, or training programs. Activists reported a significant increase in interrogations and confiscations at the airport when arriving from abroad.

The government arbitrarily designated some persons as regulados (regulated persons), meaning the government either prohibited them from receiving a passport or from leaving the country. The policy did not appear to be supported by a legal framework, and officials denied such a policy existed, declaring the law allows for freedom of movement. Because the government did not acknowledge that persons were prevented from leaving, those subject to the policy were left without any recourse for an appeal. The tactic served not only to restrict the movement of citizens but also their freedom of expression, because it was routinely applied when individuals attempted to travel to speak at conferences.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government allegedly cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. Information about the extent of that cooperation was not publicly available.

Access to Asylum: The constitution provides for the granting of asylum to individuals persecuted for their principles or actions involving a number of specified political grounds. The government has no formal mechanism, however, to process asylum for foreign nationals and is not a signatory to the 1951 Refugee Convention.

Temporary Protection: On the small number of cases of persons seeking asylum, the government worked with the Office of the UN High Commissioner for Refugees to provide protection and assistance pending third-country resettlement. In addition the government allowed foreign students who feared persecution in their home countries to remain in the country after the end of their studies until their claims could be substantiated or resolved.

g. Stateless Persons

The government regularly rendered citizens de facto stateless persons when it withheld consular services from employees and their families as punishment for abandoning a foreign work mission. There were reports of Cubans residing abroad who were refused a passport or other proof of identity or citizenship, including for direct return to Cuba. Children born abroad to Cuban citizens in these circumstances were unable to obtain recognition of their Cuban citizenship and may not have citizenship in their country of birth. Cubans residing outside of Cuba for more than 24 months may lose full citizenship rights.

Article 5 of the constitution enshrines one-party rule by the PCC, disallowing political expression outside of that structure. The government suppressed attempts to form other parties. Candidates for office must be nominated by a PCC “mass organization” and approved by local party officials. These PCC-approved candidates win the vast majority of votes, since electors are limited to PCC representatives. Elections are neither free nor fair. Citizens do not have the ability to form political parties or run as candidates from political parties other than the PCC. The government forcefully and consistently retaliated against those who sought peaceful political change. The government orchestrated mass political mobilization on its behalf and favored citizens who actively participated.

Elections and Political Participation

Recent Elections: The government selected candidates for the October 2019 election for president of the republic, president of the National Assembly, and membership in the Council of State. Only members of the National Assembly–all of whom were PCC members–were allowed to vote, and candidates ran for office uncontested. For the first time since 1959, on January 18, citizens “elected” provincial governors. All of these “elections” were shams, however, since only one candidate (chosen in theory by the president but in reality by the PCC) stood for each post, and the only persons allowed to vote were loyal party members chosen as delegates of the municipal assemblies in each province. The chosen candidates were not known to the public before the election, and each one received 93 percent or more of the ballots cast, with most receiving 99 percent of the votes.

Political Parties and Political Participation: As in previous national elections, government-run commissions nominated all candidates for office for the January election. No non-PCC candidates were allowed on the ballot. The government routinely used propaganda campaigns in the state-owned media to criticize its opponents. Numerous opposition candidates were physically prevented from presenting their candidacies or were otherwise intimidated from participating in the electoral process.

The new constitution, approved in February 2019, includes many sections that restrict citizens’ ability to participate fully in political processes by deeming the PCC as the state’s only legal political party and the “superior driving force of the society and the state.” For example, Article 4 states, “Citizens have the right to combat through any means, including armed combat when other means are not available, anyone who intends to overthrow the political, social, and economic order established by this constitution.” The article effectively empowers ordinary persons to attack violently those who publicly disagree with the party.

Citizens who live abroad without a registered place of abode in Cuba lose their right to vote.

Participation of Women and Members of Minority Groups: No law limits participation of women or members of minority groups in the political process, and they did participate. Women’s representation increased slightly from previous years in the most powerful decision-making bodies, but women held no senior leadership positions in the military or security services.

The law provides criminal penalties for corruption. The government was highly sensitive to corruption allegations and often conducted anticorruption crackdowns.

Corruption: The law provides for three to eight years’ imprisonment for “illegal enrichment” by authorities or government employees. The government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity. There were numerous reports of police and other official corruption in enforcement of economic restrictions and provision of government services. For example, employees frequently stole products from government stocks and sold them on the black market. Multiple persons reported that when searching homes and vehicles, police sometimes took the owners’ belongings or sought bribes in exchange for not imposing fines or arrests. Corruption by customs officers was also reportedly common.

Financial Disclosure: The law does not require appointed and elected officials to disclose their assets.

The government did not recognize domestic human rights groups or permit them to function legally. Several human rights organizations continued to function outside the law, including UNPACU, the Christian Liberation Movement, the Assembly to Promote Civil Society, and the Lawton Foundation for Human Rights. The government subjected domestic human rights advocates to intimidation, harassment, periodic short-term detention, and long-term imprisonment on questionable charges.

No officially recognized NGOs monitored human rights. The government refused to recognize or meet with NGOs that monitored or promoted human rights. There were reports of government harassment of individuals who met with unauthorized NGOs.

The United Nations or Other International Bodies: The government continued to deny international human rights organizations, including the United Nations, its affiliated organizations, and the International Committee of the Red Cross, access to prisoners and detainees. The government continued to deny or ignore long-standing requests from the UN special rapporteurs on torture, freedom of expression, freedom of religion, and freedom of assembly to enter the country to monitor human rights.

Women

Rape and Domestic Violence: The law criminalizes rape of women, including spousal rape, and separately criminalizes “lascivious abuse” against both genders. The government enforced both laws. Penalties for rape are at least four years’ imprisonment. Several reports from women’s rights advocacy groups, however, suggested that crimes against women were underreported and that the state failed to investigate many cases. The government recognized the high rate of femicide for the first time in a report released in 2019, but as of October officials had not responded to requests from human rights activists for a comprehensive law against gender-based violence, despite increasing reports of femicide during the pandemic. The online platform Yo Si Te Creo (I do believe you) documented at least 32 victims of femicide, including 29 Cuban women, two Canadian women, and three minors. Official media sources failed to report any of these killings.

The government specifically targeted activists organizing a campaign called the Red Femenina de Cuba (Cuban Women’s Network) that asked the state to update information on crimes against women, train officials to handle crimes against women, and define gender-based violence in the law. Police also targeted for harassment small groups of women assembling to discuss women’s rights and gender matters more broadly. The government opposed any non-state-sponsored programs that focused on gender violence.

Security officials often refused to take serious action on cases of sexual violence, including several cases where security officials were themselves implicated. In September several soldiers were caught raping a 13-year-old girl. Three men were arrested, but other suspects fled, and those who were arrested were freed the next day. The mother of the victim told the Red Femenina she went to police to protest and was told that police did not have resources to investigate the case and that trials were paused due to COVID-19 anyway. She said the officer warned her that bringing further attention to the case in the independent press or on social networks would be “counterrevolutionary” and could result in her arrest.

The law prohibits all threats and violence but does not recognize domestic violence as a distinct category of violence. Penalties for violence range from fines to prison sentences of varying lengths, depending on the severity of the offense.

Sexual Harassment: The law provides penalties for sexual harassment, with potential prison sentences of three months to five years. The government did not release any statistics on arrests, prosecutions, or convictions for offenses related to sexual harassment during the year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. It is not clear whether individuals have the right to manage their reproductive health, or whether they had access to the information and means to do so free from discrimination, coercion, or violence. Many women, especially poor and young mothers, were required to spend their pregnancies in a state-run maternity home and could be involuntarily committed there if they were deemed noncompliant with a physician’s advice. These establishments provided steady nutrition and access to medical care; however, they could deprive expecting mothers of the support of their partners, families, and communities. (See Coercion in Population Control subsection.)

No legal, social, or cultural barriers affected access to contraception. The government, however, was the sole legal importer of all goods, which resulted in constant acute shortages of contraceptive products–particularly condoms. Nearly all births were attended by a skilled health worker, whom the law requires be employed by the state. It is illegal for private citizens–no matter their qualifications–to provide health attendance during pregnancy and childbirth.

By law the government provides access to sexual, psychosocial, and reproductive health services for survivors of sexual violence; in practice, however, the health care provided by the state was insufficient to meet survivors’ needs.

Coercion in Population Control: There were some reports of abortions performed by government health authorities without clear consent from the mother. For example, doctors were documented as having performed abortions or pressured mothers into having an abortion when ultrasound scans revealed fetal abnormalities because “otherwise it might raise the infant mortality rate.” Health authorities used abortions to improve infant mortality statistics artificially by preventing marginally riskier births in order to meet centrally fixed targets.

Discrimination: The law accords women and men equal rights, the same legal status, and the same responsibilities with regard to marriage, divorce, parental duties, home maintenance, and employment. No information was available on whether the government enforced the law effectively.

Children

Birth Registration: Citizenship is normally derived by birth within the country’s territory, and births were generally registered promptly.

Child, Early, and Forced Marriage: The legal minimum age of consent for marriage is 18. Marriage for girls age 14 or older and for boys 16 or older is permitted with parental consent. According to UNICEF, 26 percent of girls were married before 18, with higher prevalence in the provinces of Oriente and Centro.

Sexual Exploitation of Children: Prostitution is legal for individuals age 16 and older. There is no statutory rape law, although penalties for rape increase as the age of the victim decreases.

The law imposes seven to 15 years’ imprisonment for pornographic acts involving minors younger than 16. The punishment may increase to 20 to 30 years or death under aggravating circumstances. The law does not criminalize the possession of pornography, but it punishes the production or circulation of any kind of obscene graphic material with three months’ to one year’s imprisonment and a fine. The offer, provision, or sale of obscene or pornographic material to minors younger than 16 is punishable by two to five years in prison.

Child trafficking across international borders is punishable by seven to 15 years’ imprisonment.

The law does not establish an age of consent, but sexual relations with children younger than 16 may be prosecuted if there is a determination of rape. In such cases the law leaves room for consideration of possible consent and the age of the other person, especially if the other person is also a minor. Penalties vary based on the age of the victim, ranging from four to 10 years’ imprisonment if the victim is age 14 or 15, up to 15 to 30 years’ imprisonment or death if the victim is younger than 12.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of 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.

Anti-Semitism

There were between 1,000 and 1,500 members of the Jewish community. There were several reports of anti-Semitic acts.

In December 2019 local officials ruled against a Jewish family in Nuevitas, Camaguey, who had fought to exercise their children’s right to wear religious headgear (a kippah) in school. The children’s father, Olaine Tejada, said that Mary Vidal, a local state prosecutor, forced him to sign a legal document acknowledging that if his children came to school wearing a kippah on January 6, he and his wife, Yeliney Lescaille, would be arrested and charged with “acts against the normal development of a minor,” with a potential one-year prison sentence. This followed a long history of the children being threatened with expulsion and bullied by schoolmates because of their faith. Tejada said the family would appeal to higher authorities to reinstate their rights. No further developments were reported 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/.

Persons with Disabilities

No law prohibits discrimination against persons with disabilities. The Ministry of Labor and Social Security oversees the Employment Program for Persons with Disabilities. The law recommends that buildings, communication facilities, air travel, and other transportation services accommodate persons with disabilities, but these facilities and services were rarely accessible to such persons.

A large number of persons with disabilities who depended on the state for their basic needs struggled to survive due to inattention and a lack of resources. Some persons with disabilities who opposed the government were denied membership in official organizations for persons with disabilities, such as the National Association for the Blind. As a result they were denied benefits and services, which included 400 minutes of telephone usage, training in the use of a white cane and in braille, and reduced fares on public transportation.

Members of National/Racial/Ethnic Minority Groups

Afro-Cubans often suffered racial discrimination, and some were subject to racial epithets and beatings by security agents in response to political activity. Afro-Cubans also reported employment discrimination, particularly for positions of prominence within the tourism industry, media, and government. Employment advertisements were allowed to be openly sexist and racist. Police violence intensified during the year, disproportionately affecting Afro-Cubans. Police targeted Afro-Cubans for abuse during enforcement of laws requiring mask-wearing in public and against informal commercial activity. The economic crisis disproportionately affected Afro-Cubans, as seen in the scarce distribution of food and continuous water shortages affecting Havana’s Afro-Cuban neighborhoods. Although the regime’s defenders pointed to a few high-ranking Afro-Cuban officials, Afro-Cubans remained severely underrepresented in ministerial positions and the Politburo, and they were completely absent from the highest ranks of the Revolutionary Armed Forces and Ministry of Interior–seen as the country’s true power centers.

Journalist Abraham Jimenez Enoa, hired on June 15 as a regular contributor to a foreign newspaper’s opinion page, was put under house arrest after the newspaper published an article on June 29 regarding Hansel Hernandez Galiano’s death in which Jimenez said police violence in the country was racist. State media subsequently formally attacked the foreign newspaper in a coordinated print and television campaign, and security officials arrested Jimenez multiple times on charges that observers considered baseless.

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

The law prohibits discrimination based on sexual orientation in employment, housing, citizenship, education, and health care but does not extend the same protections to transgender or intersex individuals based on gender identity or gender expression.

The government did not recognize domestic human rights groups or permit them to function legally. Several unrecognized NGOs that promoted LGBTI human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.

Despite a history of state-sanctioned events in support of the LGBTI community, the state-funded National Center for Sex Education was muted in its support for the LGBTI community after canceling its annual conga (gay pride march) against homophobia in 2019. Ariel Ruiz Urquiola, a biologist and activist for environmental justice and LGBTI rights, alleged the government deliberately infected him with HIV while he was detained after a peaceful protest for gay rights in the wake of 2019’s cancelled pride march. He maintained that he always practiced safe sex and asserted that the government knowingly injected him with HIV when he was hospitalized during a hunger strike to discredit him because of the social stigma of HIV in the country.

HIV and AIDS Social Stigma

The government operated four prisons exclusively for inmates with HIV or AIDS; some inmates were serving sentences for “propagating an epidemic.” Hospitals and clinics sometimes discriminated against patients with HIV.

Special diets and medications for patients with HIV were routinely unavailable, sometimes resulting in the patients’ deaths from neglect.

Political prisoner Maikel Herrera Bones, a person with HIV who was a member of UNPACU, said prison officials withheld HIV treatment from him to pressure him into silence. Herrera Bones was arrested on April 16 after arguing with a plainclothes police officer about blackouts in his Havana neighborhood. Accused of simple assault, Herrera Bones said he had not been tried in court by year’s end.

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutes, severely restricts worker rights by recognizing only the PCC-controlled Central Union of Cuban Workers (CTC) as the paramount trade union confederation. To operate legally, a trade group must belong to the CTC.

The law does not provide for the right to strike. The law also does not provide for collective bargaining; instead it has a complicated process for reaching collective agreements. The International Labor Organization raised concerns regarding the trade union monopoly of the CTC, the prohibition on the right to strike, and restrictions on collective bargaining and agreements, including giving government authorities and CTC officials the final say on all such agreements.

The government prevented the formation of independent trade unions in all sectors. The PCC chose the CTC’s leaders. The CTC’s principal responsibility is to manage government relations with the workforce. The CTC does not bargain collectively, promote worker rights, or advocate for the right to strike. The de facto prohibition on independent trade unions virtually eliminated workers’ ability to organize independently and appeal against discriminatory dismissals. The government’s strong influence over the judiciary and lawyers limited effective recourse through the courts. The government did not effectively enforce applicable law, and penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination.

During the year, as in the past several years, Ivan Hernandez Carrillo, general secretary of the Association of Independent Unions of Cuba, was harassed, beaten, detained, threatened, and fined. In January he was arrested, fined, and had his cell phone confiscated after he traveled to Havana from his home in Matanzas. A government security officer told Hernandez the government would continue these sorts of abuses if Hernandez tried to leave his town. The security officer implied the government would fabricate criminal charges against Hernandez as it did to UNPACU leader Jose Daniel Ferrer (see section 2.b.). After a representative of a foreign embassy visited him on February 11, Hernandez was arrested for questioning on February 12.

Several small, independent labor organizations operated without legal recognition, including the National Independent Workers’ Confederation of Cuba, National Independent Laborer Confederation of Cuba, and Unitarian Council of Workers of Cuba. Together they constituted the Independent Trade Union Association of Cuba. These organizations worked to advance the rights of workers by offering an alternative to the state-sponsored CTC and advocating for the rights of small-business owners and employees. Police reportedly harassed the independent unions, and government agents reportedly infiltrated them, limiting their capacity to represent workers effectively or work on their behalf.

b. Prohibition of Forced or Compulsory Labor

The law does not explicitly prohibit forced labor. It prohibits unlawful imprisonment, coercion, and extortion, with penalties ranging from fines to imprisonment, but there was no evidence these provisions were used to prosecute cases of forced labor. The use of minors in forced labor, drug trafficking, commercial sex, pornography, or the organ trade is punishable by seven to 15 years’ incarceration. When the government discovered the involvement of individuals or nongovernmental groups in these crimes, it enforced the law, and penalties were commensurate with those for analogous crimes, such as kidnapping. The government did not enforce laws against forced labor in its own programs.

Compulsory military service of young men was occasionally fulfilled by assignment to an economic entity, such as a farm or company owned by the military or by assignment to other government services.

Foreign entities both inside the country and abroad contracted with state-run entities to employ citizens to provide labor, often highly skilled labor such as doctors, engineers, or merchant mariners. These employees received a small fraction of the salaries paid to the state-run company, usually 10-25 percent or less; the rest went into the government’s coffers. In some cases where workers were paid directly by their foreign employers, they were required to give a portion of their wages to the state.

Medical workers formed the largest sector of the government’s labor exports. The NGO Cuban Prisoners Defenders collected testimony from 622 former medical workers that documented the country’s coercive and abusive labor practices within this sector. The workers described how they were forced to join the program and were prevented from leaving it, despite being overworked and not earning enough to support their families. Former participants described human trafficking indicators, including coercion, nonpayment of wages, withholding of their passports and academic credentials, and restriction on their movement. The government denied all of these allegations. Similar practices occurred in the tourism sector.

The government refused to improve the transparency of its medical missions program or address concerns about forced labor, despite persistent allegations from former participants, civil society organizations, and foreign governments.

Prisoners were subject to forced labor, often in strenuous farm work without sufficient food or water, or working in hazardous environments without protective equipment, such as working in production of industrial chemicals. Prisoners were punished if they refused to work and were forced to make goods for the Ministry of the Interior’s company (PROVARI or Empresa de Producciones Varias), which were exported or sold in state stores and the tourism sector. The government used high school students in rural areas to harvest crops (also see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The legal minimum working age is 17, although the law permits the employment of children ages 15 and 16 to obtain training or fill labor shortages with parental permission and a special authorization from the municipal labor director. The law does not permit children ages 15 and 16 to work more than seven hours per day, 40 hours per week, or on holidays. Children ages 15 to 18 may not work in specified hazardous occupations, such as mining, or at night.

There were no known government programs to prevent child labor or to remove children from such labor. Antitruancy programs, however, aimed to keep children in school. Children were subject to commercial sexual exploitation, and the government did not report significant efforts to reduce the presence of child sexual exploitation by tourists. The government investigated and convicted one perpetrator of forced child labor during the year.

The government used some high school students in rural areas in the Escuela al Campo (school to countryside) plan to harvest crops on government farms during peak harvest time. Student participants were not paid but as compensation received school credit and favorable recommendations for university admission. Ministry of Education officials used the Escuela al Campo plan to make students ages 11 to 17 work in the agricultural sector with no pay. Students were expected to work 45 days during the first academic quarter. Failure to participate or obtain an excused absence reportedly could result in unfavorable grades or poor university recommendations, although students were reportedly able to participate in other activities (instead of the harvest) to support their application for university admission. Children who performed agricultural work under the Escuela al Campo plan were not given proper tools, clothing, footwear, or food. Deficient and unsanitary living conditions, coupled with poor infrastructure, exposed them to diseases such as dengue fever, zika, and chikungunya.

d. Discrimination with Respect to Employment and Occupation

The law prohibits workplace discrimination against persons based on skin color, gender, religious belief, sexual orientation, nationality, “or any other distinction harmful to human dignity,” but it does not explicitly protect political opinion (see section 7.a.), social origin, disability, age, language, gender identity, or HIV-positive status or other communicable diseases. No information was available on government enforcement of these provisions during the year.

The government continued to use politically motivated and discriminatory dismissals against those who criticized the government’s economic or political policies. The government deemed persons “unfit” to work because of their political beliefs, including their refusal to join an official union, and for trying to depart the country illegally. The government penalized professionals who expressed interest in emigrating by limiting their job opportunities or firing them. A determination that a worker is “unfit” to work can result in job loss and the denial of job opportunities. The government did not effectively enforce applicable law, and penalties were not commensurate with laws related to civil rights, such as election interference. Persons forced out of employment in the public sector for freely expressing themselves were often further harassed after entering the emerging but highly regulated self-employment sector.

For example, Jorge Felix Vazquez Acosta was dismissed from his job in the Hotel Packard when his superiors learned in May he was against socialism. The hotel was owned by a subsidiary of the army-owned conglomerate Grupo de Administracion Empresarial S.A. and operated by European company Iberostar. A letter signed by the hotel’s deputy director stated Vazquez Acosta was fired for comments “against our socialist system and the constitutional reform” as well as actions that “undermine the political-ideological state that should prevail in our workers.” In the military-controlled tourism sector, military intelligence officers were often embedded in companies’ staff to investigate the political loyalty of employees and fire individuals such as Vazquez Acosta when they were identified as holding views critical of the government.

Discrimination in employment occurred against members of the Afro-Cuban and LGBTI populations, especially in the state-owned but privately operated tourism sector. Leaders within the Afro-Cuban community noted some Afro-Cubans could not get jobs in better-paying sectors such as tourism and hospitality because they were “too dark.” Afro-Cubans experienced low job security and were underrepresented in the business and self-employed sector, frequently obtaining lower-paying jobs, including cleaning and garbage disposal, which had no interaction with tourists, a major source of hard currency.

Hiring practices in the private sector were racist, colorist, and sexist. A job posting for an accounting or finance position usually called for women with lighter or olive skin, blonde hair, and physically fit. Postings for bodyguards and security jobs normally sought male candidates of color, who were perceived as being stronger than other races.

There was no information available showing whether the government effectively enforced applicable law.

e. Acceptable Conditions of Work

Authorities set a national minimum wage at a rate below the poverty line.

The standard workweek is 44 hours, with shorter workweeks in hazardous occupations such as mining. The law provides workers with a weekly minimum 24-hour rest period and one month of paid annual vacation per 11 months of effective work. These standards apply to state workers as well as to workers in the nonstate sector, but they were seldom enforced in the nonstate sector.

The law does not prohibit obligatory overtime, but it generally caps the number of overtime hours at 16 hours per week and 160 per year. The law provides few grounds for a worker to refuse to work overtime below these caps. Compensation for overtime is paid in cash at the regular hourly rate or in additional rest time. The government did not effectively enforce applicable law, and penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination.

The government set workplace occupational safety and health (OSH) standards and received technical assistance from the International Labor Organization to implement them. Information about penalties for violations of OSH law was not publicly available. The Ministry of Labor and Social Security enforced the minimum wage and workhour standards through offices at the national, provincial, and municipal levels, but the government did not effectively enforce OSH standards. No information was available regarding the number of labor inspectors. Reports from recent years suggested there were very few inspectors, and OSH standards frequently were ignored or weakened by corrupt practices. Civil society organizations reported working conditions for doctors in hospitals were severely unsanitary and that doctors worked long hours without sufficient access to food.

According to government statistics, approximately 250,000 self-employed workers, or 41 percent of the 606,000 persons in the sector, voluntarily suspended their licenses to work due to the economic crisis related to the COVID-19 epidemic. Most self-employed workers worked directly in the tourism sector or in fields that support it. With most international flights suspended, the tourism sector atrophied. The lack of clear regulations about what activities were permissible (when it was clear that some were not) prevented persons from finding employment in this sector.

Despite criminal penalties for doing so, a significant number of workers participated in the informal economy, including individuals who actively traded on the black market or performed professional activities not officially permitted by the government.

Self-employed persons, such as fruit sellers, bicycle taxi drivers, and others, were frequently targeted by police for allegedly acting illegally, even when licensed. Police sometimes arbitrarily and violently closed down these businesses and confiscated any goods.

Foreign companies operated in a limited number of sectors, such as hotels, tourism, and mining. Such companies operated via joint ventures in which the government contracted and paid company workers in pesos for a salary that was a small fraction of what the foreign company remitted in hard currency to the state for labor costs. Most formal employment took place only through government employment agencies. Employers, including international businesses and organizations, were generally prohibited from contracting or paying workers directly, although many reportedly made informal supplemental payments in the form of gratuities.

The Ministry of Labor enforces labor law on any business, organization, or foreign governmental agency based in the country, including wholly foreign-owned companies operating in the country, joint-stock companies involving foreign investors operating in the country, the United Nations, international NGOs, and embassies. Workers employed by these entities are subject to labor regulations common to most state and nonstate workers and are also subject to some regulations specific to these kinds of entities. Government bodies, including the tax collection agency and the Ministry of Finance and Prices, enforced regulations.

On July 6, a total of 13 military personnel were hospitalized and 1,245 persons near La Pua were evacuated after old ammunition exploded in a military facility in Holguin. Following the initial major explosions, workers in nearby fields continued to feel several small explosions throughout the day. They received no information about the cause or the response from the government or military.

The CTC provided only limited information to workers about their rights and at times did not respond to or assist workers who complained about hazardous workplace conditions. It was generally understood that workers could not remove themselves from dangerous situations without jeopardizing their employment, and authorities did not effectively protect workers facing this dilemma.

Hong Kong is a Special Administrative Region of the People’s Republic of China. The 1984 Sino-British Joint Declaration and the Basic Law of the special administrative region specified that except in matters of defense and foreign affairs, Hong Kong would have a high degree of autonomy under the “one country, two systems” framework, but the Chinese Communist Party has systematically dismantled Hong Kong’s political freedoms and autonomy in violation of its international commitments. During the most recent elections, widely regarded by most nonpartisan local and international election observers as free and fair, in November 2019, pandemocratic candidates won control of 17 of 18 District Councils, although the government barred one opposition figure’s candidacy. The turnout, 71 percent of all registered voters, was a record for Hong Kong. In 2017 the 1,194-member Chief Executive Election Committee, dominated by proestablishment electors, selected Carrie Lam to be Hong Kong’s chief executive. In 2016 Hong Kong residents elected the 70 representatives who comprise Hong Kong’s Legislative Council. Voters directly elected 40 representatives, while limited-franchise constituencies elected the remaining 30. Legislative Council elections were scheduled to take place in September 2020, but Hong Kong authorities postponed them to September 2021, citing COVID-19 concerns. The National People’s Congress Standing Committee passed a resolution on November 11 disqualifying four standing pandemocratic Legislative Council members with immediate effect and no legal recourse. The 15 remaining pandemocratic members resigned in solidarity, leaving only two members not affiliated with the progovernment camp in the Legislative Council.

The Hong Kong Police Force maintains internal security and reports to the Security Bureau. The Security Bureau and police continue to report to the chief executive in theory, but to implement the National Security Law (see below) imposed by the National People’s Congress Standing Committee in Beijing on June 30, the Hong Kong government established an Office of Safeguarding National Security, a National Security Committee, and a National Security Branch of the Hong Kong police. Because these organs ultimately report to the Chinese central government, and mainland security personnel are reportedly embedded in some of these bodies, the ability of Hong Kong’s civilian authorities to maintain effective control over the security office was no longer clear. Security forces are suspected to have committed some abuses and, after the imposition of the National Security Law, have devoted increasing attention to political cases, including those involving nonviolent protesters, opposition politicians, and activists.

From June 2019 to January 2020, Hong Kong experienced protests, initially drawing more than one million participants, against proposed changes to Hong Kong’s extradition law with mainland China. Participation in the protests dwindled sharply early in the year and remained low due to the COVID-19 pandemic, police denial of demonstration permits, more aggressive police enforcement tactics, and concern about the National Security Law. China undermined Hong Kong’s autonomy through an escalating erosion of civil liberties and democratic institutions throughout the year. In June, with the support of the Hong Kong chief executive, the Chinese National People’s Congress unilaterally imposed the National Security Law on Hong Kong. The National Security Law created four categories of offenses–secession, subversion, terrorist activities, and collusion with a foreign country or external elements to endanger national security–and corresponding penalties. The law has extraterritorial reach. The Office for Safeguarding National Security, which does not fall under the Hong Kong government’s jurisdiction, allows mainland China security elements to operate openly and without accountability to Hong Kong authorities, in contradiction of the spirit and practice of the Sino-British Joint Declaration and the “one country, two systems” framework.

Significant human rights issues included: the establishment of national security organs with sweeping powers and negligible public oversight; allegations of police brutality against protesters and persons in custody; arbitrary arrests; politically motivated reprisals against individuals located outside of Hong Kong; serious restrictions on free expression, the press, and the internet; substantial interference with the rights of peaceful assembly and freedom of association; use of politically motivated arrests and prosecutions to impose restrictions on departing Hong Kong; the inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; and trafficking in persons.

The government took limited steps to prosecute and punish officials who committed human rights abuses, but refused widespread calls by a large segment of Hong Kong society and others to establish an independent commission to examine allegations of police brutality during the 2019 demonstrations.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no credible reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were several reports police physically abused or degraded detainees. In March, Amnesty International reported interviews with multiple alleged victims of police brutality. Police denied these allegations. Protests associated with the lead-up to the implementation of the National Security Law featured multiple clashes between police and protesters, some of which involved physical violence.

In the week of May 25, police arrested approximately 400 protesters, including some 100 minors. During their arrest and detention, officials made no effort to address health concerns created by the COVID-19 pandemic. In a September case demonstrating the more aggressive tactics adopted by police, police were recorded tackling a 12-year-old girl, who fled after police stopped her for questioning.

Prison and Detention Center Conditions

There were reports of prison or detention center conditions that raised human rights concerns.

Physical Conditions: According to activists, detained protesters were held at the Castle Peak Immigration Center under unacceptable hygienic conditions and subjected to verbal and mental abuse. In response to a 2019 police brutality allegation and after the September 2019 closure of the San Uk Ling Holding Center, in May the Hong Kong Police Force border commissioner convened a task force to investigate the accusations made by protesters.

Administration: The government investigated allegations of problematic conditions and documented the results in a publicly accessible manner. There was an external Office of the Ombudsman. Activists and legislators, however, urged the government to establish an independent prisoner complaint and monitoring mechanism for prisons and detention centers.

Independent Monitoring: The government generally permitted legislators and justices of the peace to conduct prison visits. Justices of the peace may make suggestions and comments on matters, such as physical conditions, overcrowding, staff improvement, training and recreational programs and activities, and other matters affecting the welfare of inmates.

The Independent Police Complaints Council is the police watchdog, responsible for investigating alleged corruption or abuses. In a November 19 ruling, a court of first instance (trial court) declared the complaints council incapable of effective investigation, as it lacked necessary investigative powers and was insufficient to fulfill the Special Administrative Region (SAR) government’s obligations under the Basic Law to provide an independent mechanism to investigate complaints against police. The SAR government was appealing the ruling.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Several claims of arbitrary arrest were made in connection with the protests and alleged National Security Law (NSL) violations.

At the time of its passage, the Hong Kong SAR and the People’s Republic of China (PRC) claimed the NSL was not retroactive.

On July 1, within hours of the NSL’s passage, police detained individuals based on their attire, searched their belongings, and arrested them for violating the NSL if the items in their possession were deemed to be against the PRC or the local government.

On August 10, police arrested 16 more individuals, including Agnes Chow, one of the cofounders of the former opposition party Demosisto, although Chow and the other two cofounders, Nathan Law and Joshua Wong, disbanded Demosisto the day before the NSL became effective. Chow refrained from political activity after the law was passed. She and human rights activist concluded that her arrest meant that the national security forces were retroactively applying the NSL.

During a protest on October 1, Chinese National Day, police reportedly indiscriminately rounded up persons in a popular shopping district, despite having no evidence that those individuals participated in the protest.

The Hong Kong Police Force maintains internal security and reports to the SAR’s security bureau. The People’s Liberation Army is responsible for foreign defense. The immigration department of the security bureau controls passage of persons into and out of the SAR as well as the documentation of local residents. All Hong Kong security services, in theory, ultimately report to the chief executive, but following the implementation of the NSL imposed by Beijing, the SAR established an Office of Safeguarding National Security, a National Security Committee, and a National Security branch of the Hong Kong police. Because these organs ultimately report to the Chinese central government and mainland security personnel are present in some or all of these bodies, the ability of SAR civilian authorities to maintain effective control over the security force was no longer clear.

Multiple sources reported suspected members of the Chinese central government security services in the SAR monitoring political activists, nongovernmental organizations (NGOs), and academics who criticized the Chinese central government’s policies.

Although the Independent Police Complaints Council is supposed to be an independent investigatory body responsible for addressing accusations of police corruption or abuses, activists expressed concern that the chief executive appointed all council members and noted that its lack of power to conduct independent investigations limited its oversight capacity. There was wide public support for the establishment of a commission of inquiry into alleged police abuses in handling the protests. In May the council released its report on the police response to the 2019 protests and claimed that while there was room for improvement, and acknowledging some specific flaws in police operations, such as excessive and indiscriminate use of tear gas, there were no systematic abuses and the police force acted in accordance with the law. The report did not address any specific cases of alleged abuse; the council chose to address police actions “thematically” by looking at major incidents during the period of protest.

Arrest Procedures and Treatment of Detainees

Police generally apprehended suspects openly when they observed suspects committing a crime or with warrants based on sufficient evidence and issued by a duly authorized official. Police must promptly charge arrested suspects. The government respected this right and generally brought arrested persons before a judicial officer within 48 hours. Detainees were generally informed promptly of charges against them. There was a functioning bail system that allowed persons not charged to put up bail to be released from detention pending the filing of charges. Activists argued that the bail system left the arrested in purgatory–not officially charged but with a monthly check-in requirement and no defined period under the law within which the government is required to file charges. During routine check-ins, activists and protesters have been rearrested, often having new charges brought against them.

For example, in August 2019, Joshua Wong was arrested, charged with organizing an illegal assembly, and released on bail. Following his release, during a routine bail check-in held in September, Wong was rearrested and charged for a nearly one-year-old violation of the 2019 antimask emergency regulation. Wong was convicted of the initial charge of organizing an illegal assembly and sentenced to 13.5 months’ imprisonment on December 2.

Democracy activists were increasingly denied bail. In December during a routine bail check-in, media owner and democracy activist Jimmy Lai was arrested on fraud charges related to the use of office space and denied bail. Legal scholars noted bail denial is unusual in civil suits; Lai was subsequently charged on December 11 under the NSL. The NSL sets a higher standard for bail than do other laws, and in one case, activists alleged that this higher standard violated the presumption of innocence. The court, however, found that the defendant in that case would have been denied bail even under the pre-existing standards of Hong Kong law.

Authorities allowed detainees access to a lawyer of their choice, although the Hong Kong Bar Association reported that lawyers experienced obstruction at police stations and delays in seeing clients arrested during protests. Suspects were not detained incommunicado or held under house arrest. Interviews of suspects are required to be videotaped.

e. Denial of Fair Public Trial

Although the law generally provides for an independent judiciary, there were indications that this independence was being challenged. As it did for the police force, the Department of Justice set up a separate office that deals with NSL prosecutions. There were media reports that this office also managed certain prosecutions against opposition activists not charged under the NSL. Activists voiced concern that those charged under the NSL may be denied a fair and public trial, as the NSL allows extradition to the mainland for trial. Chinese Communist Party mouthpieces in Hong Kong put pressure on the judiciary to accept more “guidance” from the government and called for extradition to the mainland in at least one high-profile case; they also criticized sentences deemed too lenient. Arrests made by police and the prosecutions pursued by the Justice Department appeared to be increasingly politically motivated in nature.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary largely enforced this right. Defendants have the right to be informed promptly and in detail of the charges against them and the right to a trial without undue delay.

Defendants are presumed innocent, except in official corruption cases: Under the law a sitting or former government official who maintains a standard of living above that commensurate with an official income or who controls monies or property disproportionate to an official income is considered guilty of an offense unless the official can satisfactorily explain the discrepancy. The courts upheld this ordinance. Trials are by jury except at the magistrate and district court level. An attorney is provided at public expense if defendants cannot afford counsel. Defendants have adequate time and facilities to prepare a defense. The government conducted court proceedings in either Cantonese or English, the SAR’s two official languages. The government provided interpretation service to those not conversant in Cantonese or English during all criminal court proceedings. Defendants could confront and question witnesses testifying against them and present witnesses to testify on their own behalf. Defendants have the right not to be compelled to testify or confess guilt, the right to be present at their trial, and the right of appeal.

The SAR’s courts are charged with interpreting those provisions of the Basic Law that address matters within the limits of the SAR’s autonomy. SAR courts also interpret provisions of the Basic Law that relate to central government responsibilities or the relationship between the central authorities and the SAR. The Court of Final Appeal may seek an interpretation of relevant provisions from the PRC central government’s Standing Committee of the National People’s Congress (NPC). SAR courts must by law follow the standing committee’s interpretations in cases involving central government jurisdiction, although judgments previously rendered are not affected. The standing committee has issued five interpretations of the Basic Law since 1997. The most recent, issued in 2016, requires lawmakers “to accurately, completely, and solemnly” swear an oath to uphold the Basic Law and recognize the Hong Kong SAR as a part of China before taking office. This ruling was the basis, in 2017, for disqualifying six opposition figures from taking their Legislative Council seats.

Under the NSL the chief executive provides a list of judges eligible to hear NSL cases. The NPC Standing Committee determines how the NSL is interpreted, not a SAR-based judiciary or elected body. The standing committee has the power in certain cases to extradite the accused to the mainland and hold trials behind closed doors. As of November, no cases have come to trial to validate or negate apprehensions about the NSL trial mechanisms.

Political Prisoners and Detainees

Activists claimed the SAR increasingly used legal tools, such as denial of bail and pursuing minor charges, to detain prodemocracy figures. In one such case, the courts denied Jimmy Lai bail for fraud charges, which is a civil offense. While in custody, security forces charged Lai with “foreign collusion” under the NSL, a provision that is not well defined.

Politically Motivated Reprisal against Individuals Located Outside the Country

The NSL is not restricted to the SAR or its residents, but instead claims jurisdiction over any individual, regardless of location, deemed to be engaged in one of the four criminal activities under the NSL: secession, subversion, terrorist activities, or collusion with a foreign country or external elements to endanger national security. In August the national security forces purportedly issued arrest warrants for six individuals, all residing abroad, and one of whom had foreign citizenship and had resided outside the SAR and mainland China for more than 20 years. Although reported in state-controlled media, the government refused to acknowledge the existence of the warrants.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters and access to a court to bring lawsuits seeking damages for human rights violations by SAR agencies or persons, with the possible exception of employees of the National Security division, as well as Central Government Liaison Office, depending on interpretations of the law.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, but there were reports the SAR government failed to respect these prohibitions, including credible reports that Chinese central government security services and the Beijing-mandated Office for Safeguarding National Security monitored prodemocracy and human rights activists and journalists in the SAR. In October the national security police force arrested Tony Chung near a foreign diplomatic office and charged him with violating the NSL. Media reports claimed Chung intended to request asylum but was arrested before making his request. In a June statement to the South China Morning Post, SAR security chief John Lee stated that PRC security services would operate in Hong Kong “as needed.” There were also reports central government security services detained, questioned, and intimidated Hong Kong-based activists visiting the mainland. Hong Kong authorities also reportedly froze bank accounts for former lawmakers, civil society groups, and other political targets. Media reports indicated that thousands of persons, primarily police officers, protesters, and protest movement leaders, had their personal information publicly revealed online.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the government regularly encroached upon this right. Although an independent press, an impartial judiciary, and unfettered internet combined to permit freedom of expression, including for the press, on most matters, human rights advocates claimed that those rights were increasingly jeopardized or already being eroded. Some SAR and Chinese central government actions restricted or sought to restrict the right to express or report on dissenting political views, particularly support for Hong Kong independence or self-determination.

Freedom of Speech: There were legal restrictions on the ability of individuals to criticize the government publicly without reprisal. In July some of the initial NSL arrests included individuals carrying stickers and signs with slogans critical of the government. In September the government charged an activist for chanting antigovernment slogans under a colonial-era sedition statute that had not been used since the SAR’s handover to Chinese sovereignty in 1997. Hong Kong activists and legal scholars raised concerns that the sedition statute is incompatible with the freedoms listed in Hong Kong’s Bill of Rights.

Requirements for electoral candidacy and for taking the oath of office also limited free speech in the political arena. For example, since 2016 the Electoral Affairs Commission requires all Legislative Council candidates, in order to run for office, to sign a pledge stating the SAR is an “inalienable part” of China. In July the commission disqualified several candidates for speech made before passage of the NSL. In November the NPC Standing Committee in Beijing issued a decision that any public or elected officials found to be engaged in “unpatriotic” behavior, including speech, would immediately be disqualified for the positions they held. The decision was applied to four sitting Legislative Council members earlier disqualified for running for re-election. The SAR government subsequently announced the four members were immediately disqualified for the remainder of the Legislative Council session. There was no judicial recourse.

In November the government announced plans to require all civil servants to swear oaths of loyalty to the SAR government and the Basic Law. Government officials began to conduct the oaths in December. According to media reports, civil servants may lose their jobs if they refuse to swear the oath and may face criminal charges, including under the NSL, if they later engage in behavior, including speech, deemed to violate the oaths. Hong Kong authorities and Beijing officials insinuated that interactions with foreign diplomats could be considered “collusion” under the NSL.

Any speech critical of the central or local government or its policies may be construed as prosecession, subversive, or inciting hate against the government. On November 8, when a crowd of protesters chanted protest slogans as they gathered to mark the one-year anniversary of the death of student Chow Tsz-lok, whose cause of death remained unknown but occurred in the proximity of protests, police warned protesters that their actions could violate both the NSL and COVID-19 restrictions.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, although they were increasingly constrained. In August, Hong Kong immigration authorities denied a visa to Hong Kong-based Irish journalist Aaron McNicholas, the newly selected editor of the Hong Kong Free Press news website. In September, SAR police told media organizations that journalists would henceforth have to be credentialed by and registered with police to cover public events, such as demonstrations or conferences. Police claimed this was required to deter “fake” reporters at protests, while media advocates stated that the SAR’s real objective was to control access to information. The Foreign Correspondents’ Club stated that the change disregards the vetting and membership processes of Hong Kong’s independent journalist associations.

SAR police in November arrested a producer of a documentary on a violent incident in 2019, when rod-wielding men attacked protesters at the Yuen Long subway station. Activists and protesters claimed that police were deliberately slow to respond to the incident; many accused police of colluding with the mob. Police arrested the producer for violating a traffic ordinance by using license plate information from a publicly available government website to identify owners of vehicles, including police, near the subway station. Media outlets reported that for years many journalists routinely used the website to inform their reporting. While the law exists, authorities did not enforce it until after reportedly changing the website to remove the option of stating such research was for journalistic purposes.

Violence and Harassment: On August 10, Jimmy Lai, owner of the independent newspaper Apple Daily, as well as his two sons and four senior executives, were arrested on suspicion of fraud. All were subsequently released on bail. That same day, police raided the Apple Daily offices, permitting only progovernment journalists to cover their search. A court later found the search and seizure of reporting material illegal and required it be returned. In 2019 the personal information of 132 members of Apple Daily’s staff was published online anonymously; the newspaper reported that its investigation traced the leak to PRC national security agencies. Several journalists from other outlets alleged that police detained, assaulted, or harassed them, a claim supported by the NGO Committee to Protect Journalists.

Censorship or Content Restrictions: Reports of media self-censorship and suspected content control continued. Some media outlets, bookstores, and publishers were owned by companies with business interests on the mainland or by companies directly controlled by the Chinese central government, a situation that led to claims they were vulnerable to self-censorship. In August staff at i-Cable Communications Limited, a television and internet broadcaster, protested management’s decision to replace several executives and the news director with persons perceived as more progovernment. Former i-Cable staff reported that the coverage and editing of stories were increasingly designed to reduce the presence of pro-opposition themes and personalities. In May the public broadcasting service Radio Television Hong Kong suspended a satirical television program after the Communications Authority issued it a warning for “denigration of and insult to police,” reportedly after pressure from the police commissioner. In September, Radio Television Hong Kong extended the employment probation of a reporter following complaints from progovernment groups about her tough questioning of SAR officials. In December there were media reports that a Hong Kong bookstore chain refused to stock a book on Hong Kong history because of concerns about the NSL.

Internet Freedom

The SAR government did not restrict or disrupt access to the internet or censor online content, although activists claimed central government authorities monitored their email and internet use. Messages posted on Facebook, Telegram, and LIHKG (a local website) led to arrests under the NSL, causing concern and self-censorship. In December police cited Apple Daily owner Jimmy Lai’s use of Facebook and Twitter as circumstantial evidence in the decision to charge Lai with collusion under the NSL. NGOs and some media outlets reported focusing on digital security to protect their privacy, partners, and sources.

When handling issues related to national security violations, the national security divisions of the police force may require a person who published information or the relevant service provider to remove the content or assist the national security divisions. Facebook, WhatsApp, Google, and Twitter reported denying the SAR government access to individuals’ data.

Academic Freedom and Cultural Events

There were some restrictions on academic freedom and cultural events.

Universities allowed contracts to lapse or fired prodemocracy professors. In July the University of Hong Kong fired Benny Tai, a tenured law professor and prodemocracy activist. The decision was made by a board appointed by the chief executive.

Academics and prodemocracy advocates reported NSL-related changes to secondary education texts. In August some textbook publishers agreed to a government-initiated voluntary review of liberal arts textbooks and subsequently, removed the phrase “separation of powers,” images related to Hong Kong’s protests, and some criticism of the Chinese political system, according to media reports.

SAR officials encouraged teachers to avoid voicing political opinions in academic settings. In October officials revoked the registration of a primary school teacher who allegedly used materials related to Hong Kong independence in a classroom discussion of freedom of speech, effectively banning the teacher from working in Hong Kong’s education sector for the rest of his life. In November officials revoked the registration of a second teacher for alleged factual misrepresentation in a history lesson. In July officials announced they had begun nearly 200 investigations of teachers for participation in the 2019 protest movement.

COVID-19 precautions limited cultural events. In September a museum dedicated to memorializing the 1989 Tiananmen Square massacre opened in a new, permanent location after several years of temporary locations and difficulties maintaining a lease due to alleged landlord pressure.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association. The government, however, restricted public gatherings, claiming COVID-19 concerns.

Freedom of Peaceful Assembly

While the law provides for freedom of peaceful assembly, the government cited COVID-19 restrictions to ban peaceful assembly, although civil rights organizations stated the denial was based more on political than public-health considerations. Before 2019 police routinely issued the required “letter of no objection” for public meetings and demonstrations, including those critical of the SAR and central government. After violence occurred during some of the 2019 protests, police issued letters of objection against several gatherings, including large protest marches.

In April police arrested 15 high-profile prodemocracy leaders, including former chairs of the Democratic and Labor parties, for “organizing and participating in unlawful assembly” in 2019.

Because of the strict limits on any public gathering due to health restrictions, police have not issued any “letters of no objection” for public demonstrations since the start of the COVID-19 pandemic. For the first time since 1990, police denied a permit for a June 4 Tiananmen Square vigil, citing social distancing concerns. Police also refused to allow the Chinese National Day prodemocracy protest in October, although official gatherings did take place. Protesters marched in defiance of the ban, flanked by a heavy police presence; there were dozens of arrests.

Freedom of Association

SAR law provides for freedom of association, but the government did not always respect it if the group was deemed a national security concern. Several proindependence political parties and activist groups disbanded in June after the NSL was announced, due to fear their freedom of association would no longer be respected.

Under the law any person claiming to be an officer of a banned group may be sentenced to a maximum of three years in prison and fined. Those convicted of providing meeting space or other aid to a banned group may also be sentenced to fines and jail time.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government sometimes confiscated travel documents and enforced travel bans for democracy activists and opposition politicians facing charges. Activists reported that the Hong Kong Police Force monitored a group of 12 activists seeking to travel from Hong Kong to Taiwan by speedboat and shared information on the group with mainland Chinese authorities, leading to their detention by the Chinese Coast Guard. Since the group’s detention, Shenzhen authorities have prevented the activists from hiring lawyers of their choice and from communicating with their family members, contrary to PRC regulations regarding the treatment of detainees. The youngest of the group are minors. COVID-19 health precautions also limited immediate foreign travel, emigration, and repatriation.

In January immigration officials denied entry to Human Rights Watch executive director Kenneth Roth, stating the department did not comment on individual cases, but that it would “fully consider all relevant factors and circumstances of a case before deciding whether the entry should be allowed or not.” Chinese central government authorities “sanctioned” democracy-focused NGO employees and others for their advocacy and work in Hong Kong, blocking them from traveling to Hong Kong. Neither the Hong Kong government nor central government would provide information on what the ‘sanctions’ entail.

Foreign Travel: Most residents easily obtained travel documents from the SAR government. Hong Kong authorities blocked some human rights activists, student protesters, and prodemocracy legislators from visiting the mainland.

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) and humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Activists indicated that persons seeking refugee status faced discrimination and were the frequent target of negative commentary by some political parties and media organizations.

Access to Asylum: The law does not provide for granting asylum or refugee status, but the SAR government has established a system for providing limited protection to persons who would be subject to torture or other abuses in their home country.

The SAR government uses the term “nonrefoulement claim” to refer to a claim for protection against deportation. Persons subject to deportation could file a nonrefoulement claim if they either arrived in the SAR without proper authorization or had overstayed the terms of their admittance. Filing such a claim typically resulted in a period of detention followed by release on recognizance. Activists and refugee rights groups expressed concerns about the quality of adjudications and the very low rate of approved claims, fewer than 1 percent. Denied claimants may appeal to the Torture Claims Appeal Board. The government did not publish the board’s decisions, a practice that the Hong Kong Bar Association previously noted created concerns about the consistency and transparency of decisions. Persons whose claims were pending were required to appear periodically before the Immigration Department.

Employment: “Nonrefoulement claimants” have no right to work in the SAR while their claims are under review, and they must rely on social welfare stipends and charities. An NGO reported the government’s process for evaluating claims, which did not allow claimants to work legally in the SAR, made some refugees vulnerable to trafficking. The SAR government, however, frequently granted exceptions to this rule for persons granted nondeportation status and awaiting UNHCR resettlement.

Access to Basic Services: Persons who made “nonrefoulement” claims were eligible to receive publicly funded legal assistance, including translation services, as well as small living subsidies. The children of such claimants could attend SAR public schools.

Temporary Protection: Persons whose claims for “nonrefoulement” are substantiated do not obtain permanent resident status in the SAR. Instead the SAR government refers them to UNHCR for possible recognition as refugees and resettlement in a third country. In some cases, individuals waited years in the SAR before being resettled.

The Basic Law limits the ability of residents to change their government. Hong Kong voters do not enjoy universal suffrage in elections for the chief executive or equal suffrage in Legislative Council elections.

The chief executive is elected by an election committee of approximately 1,200 members (1,194 members in 2017). The election committee consists of the 70 members of the Legislative Council and a mix of professional, business, and trade elites.

Voters directly elect 40 of the Legislative Council’s 70 seats by secret ballot. Of the seats, 35 are designated as “geographic constituencies” and 35 as “functional constituencies” (FCs). All 35 geographic constituencies are directly elected by all voters in a geographic area. Thirty FC seats are selected by a set of voters representing various economic and social sectors, most of whom are probusiness and generally support the Chinese central government policies. In 2016 the constituencies that elected these 30 FC Legislative Council seats consisted of 239,724 registered individual and institutional voters, of whom approximately 172,820 voted, according to statistics published by the SAR’s Election Affairs Office. The remaining five FC seats must be filled by district councilors (the so-called district council sector, known as “super seats,”) directly elected by the approximately five million registered voters not represented in another FC, and therefore representing larger constituencies than any other seats in the Legislative Council. In July citing COVID-19 concerns, Chief Executive Carrie Lam postponed the September 6 Legislative Council election for a year, despite significantly fewer per capita cases of COVID-19 than in other countries and cities that have allowed their elections to proceed.

Under the Basic Law, only the SAR government, not members of the legislature, may introduce bills that affect public expenditure, the political structure, or government policy.

The SAR sends 36 deputies to the NPC and had approximately 200 delegates in the Chinese People’s Political Consultative Conference–bodies that operate under the direction of the Chinese Communist Party and do not exercise legislative independence. The approval of the chief executive, two-thirds of the Legislative Council, and two-thirds of the SAR’s delegates to the NPC are required to place an amendment to the Basic Law on the agenda of the NPC, which has the sole power to amend the Basic Law.

Elections and Political Participation

Recent Elections: An unofficial pandemocratic primary was held in early July, in which more than 500,000 voters participated, to consolidate the pandemocratic vote and candidates ahead of the Legislative Council election scheduled for September, but since delayed to September 2021. Several pandemocratic candidates selected in the primary were later disqualified by the Electoral Affairs Commission. On July 31, the SAR chief executive postponed the election for a year, citing COVID-19 concerns. Human rights and democracy advocates maintained the SAR government’s actual motive was to avoid a proestablishment defeat.

In November 2019, registered voters elected district councilors in the SAR’s 18 districts. These elections are open to all voters on a one-person, one-vote basis. Turnout for the poll was a record 71 percent of registered voters. The election was considered generally peaceful, free, and fair, although the Hong Kong government barred one prodemocracy advocate, Joshua Wong, from running. Proestablishment candidates reported that attacks on party offices and candidates also negatively affected campaign activities. Voters broadly endorsed prodemocracy and other nonestablishment candidates, who took control of 17 of the 18 councils and won 388 of the 452 contested seats (out of 479 total).

In 2017 the 1,194-member Chief Executive Election Committee, dominated by proestablishment electors, selected Carrie Lam to be the SAR’s chief executive. Residents expressed concern that the elections for the great majority of committee seats were open only to 239,724 of the SAR’s 7.5 million residents. Moreover, although the vote for the election committee (in 2016) saw a historically high voter turnout of 46 percent and a record number of contested seats across industrial, professional, grassroots, and political sectors, local political observers noted that 300 members–approximately 25 percent of the committee–were elected without a poll or other transparent election process to represent 12 uncontested subsectors and one sub-subsector.

Political Parties and Political Participation: In 2018 the SAR government banned the proindependence Hong Kong National Party. This was the first ban of a political party since the establishment of the SAR.

All Legislative Council candidates must sign a confirmation form pledging their allegiance to the SAR and intent to uphold the Basic Law, including provisions stating that Hong Kong is an inalienable part of China. Since that requirement was instituted, the government barred several potential candidates from running for office.

The NSL made illegal actions that “incite hatred” against the PRC or SAR governments and “collusion” with foreign governments–terms that have yet to be clearly defined. In July the SAR disqualified at least 12 politicians and activists from running in the Legislative Council election originally scheduled for September. Four of those disqualified were sitting members of the council. The returning officer, a civil servant assigned to oversee elections, stated the provision about “collusion with foreign governments” applied to the July Legislative Council election disqualifications because the members had met with foreign leaders to discuss Hong Kong’s human rights situation. Civic Party members described the disqualification as a near ban of their party. When the Legislative Council elections were subsequently delayed by a year, all sitting legislators, despite the disqualifications, were initially permitted to retain their seats. In November the NPC Standing Committee passed a “patriotism” resolution and immediately disqualified four sitting lawmakers, including the three from the Civic Party, who had been banned from running in the postponed elections. The 15 remaining pandemocratic lawmakers resigned, arguing that the legislature no longer had legitimacy.

In November police arrested eight opposition politicians, including five then sitting lawmakers, for contempt of and interference with a May 8 Legislative Council meeting, a move widely criticized by opposition voices as politically motivated.

Participation of Women and Members of Minority Groups: No law limits participation of women in the political process, and they did participate. In September there were nine female legislative council members. After the expulsion or exodus of pandemocratic legislators, only six (all proestablishment) women legislators remained. In 2017 Carrie Lam was selected to be the SAR’s first female chief executive.

There is no legal restriction against ethnic minorities running for electoral office, serving as electoral monitors, or participating in the civil service. There were, however, no members of ethnic minorities in the Legislative Council, and members of ethnic minorities reported they considered themselves unrepresented.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Although the SAR continued to be relatively law-abiding, there were isolated reports of government corruption.

Financial Disclosure: The SAR requires the most senior civil service and elected officials to declare their financial investments annually and senior working-level officials to do so biennially. Policy bureaus may impose additional reporting requirements for positions seen as having a greater risk of conflict of interest. The Civil Service Bureau monitors and verifies disclosures, which are available to the public. There are criminal and administrative sanctions for noncompliance.

Until midyear a variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. The promulgation of the NSL caused organizations to self-censor, with some leaving Hong Kong and others slowly resuming operations. SAR officials were somewhat cooperative and responsive to their views, but PRC officials began to voice their own responses to organizations reporting on the SAR. Some prominent human rights activists and organizations critical of the central government also operated in the SAR.

Government Human Rights Bodies: There is an Office of the Ombudsman and an Equal Opportunities Commission. The government recruits commissioners to represent both offices through a professional search committee, which solicits applications and vets candidates. Commissioners were independent. Both organizations operated without interference from the SAR government and published critical findings in their areas of responsibility. NGOs pointed out that the commission had limited ability to conduct investigations and that its mandate was too narrow.

Women

Rape and Domestic Violence: The law criminalizes rape against women, including spousal rape. The Hong Kong Federation of Women Centers stated that in the first quarter of the year, the number of survivors seeking support was more than double the number who sought help in the first quarter of 2019, most likely due to the COVID-19 pandemic and related lockdown measures lowering the visibility of potential victims and increasing their stress. Activists expressed concern that rape was underreported, especially within ethnic minority communities.

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 under offenses against the person, sexual assault, and child mistreatment laws, depending on which act constituted the domestic violence. The government effectively prosecuted violators under existing criminal violations.

The law allows survivors to seek a three-month injunction, extendable to six months, against an abuser. The ordinance covers abuse between spouses, 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 courts to require that an 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 the validity of 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.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence.

There are no legal, cultural, or social barriers, or government policies that limit access to contraception or skilled health care during pregnancy and childbirth. The government provides access to sexual and reproductive health services for survivors of sexual violence.

The Department of Health and government-supported organizations offer full support services for family planning needs.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

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 Equal Opportunities Commission 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.

Children

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.

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

Sexual Exploitation of Children: The age of consent is effectively 16. Under the law a person having “unlawful sexual intercourse” with a person younger than 16 is subject to five years’ imprisonment, while 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.

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.

Anti-Semitism

The Jewish community numbered approximately 2,500 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/.

Persons with Disabilities

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 deemed 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.

Members of National/Racial/Ethnic Minority Groups

Although ethnic Chinese account for most 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 Equal Opportunities Commission oversees implementation and enforcement of the law. The commission 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 does not clearly cover racial discrimination occurring during law enforcement activity.

Advocates stated there were indications of racism in COVID-19 testing and quarantine measures. Returning South and Southeast Asian SAR minority residents complained of poor quarantine facilities, wait times, and diet, and accused the SAR of discrimination.

Persons born in mainland China also experienced frequent discrimination. Nonpermanent residents did not receive SAR cash subsidies to help with the COVID-19-related economic downturn until eight months after the pandemic began in the SAR.

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

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 March the high court ruled in favor of a gay man who sued the government for disqualifying his and his same-sex partner’s public housing application.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions without previous authorization or excessive requirements and to conduct legal strikes, but it does not protect the right to collective bargaining or obligate employers to bargain. Trade unions claimed the lack of collective bargaining rights and divisions in the labor movement weakened workers’ leverage in negotiations. The law explicitly prohibits civil servants from bargaining collectively.

The law prohibits firing an employee for striking and voids any section of an employment contract that punishes a worker for striking. The commissioner of police has broad authority to control and direct public gatherings, including strikes, in the interest of national security or public safety.

By law an employer may not fire, penalize, or discriminate against an employee who exercises his or her union rights and may not prevent or deter the employee from exercising such rights. Penalties for violations of laws protecting union and related worker rights include fines as well as legal damages paid to workers. Penalties were commensurate with those under other laws involving the denial of civil rights. The law was not effectively enforced due to the increasingly politicized environment. Dismissed employees had difficulty proving antiunion discrimination. In January more than 3,000 members of a health-care trade union held a strike to pressure the SAR to close the border with mainland China to prevent further spread of COVID-19. After the strike concluded, the SAR sent letters to medical workers demanding that they account for absences during the strike period to determine whether the salaries earned were commensurate to the work provided. The union stated that those letters constituted veiled threats not only to identify the members who participated but also to financially penalize them.

On November 2, SAR police denied the petition submitted by the Cathay Pacific airline union to protest the airline’s firing of thousands of workers and then offering the remaining workers unfair contracts. The denial cited COVID-19 health precautions and noted that the 2019 protests disrupted the airport’s operations. Labor unions and prodemocratic lawmakers stated that proposed protest site was located away from the airport and the denial was a clear indication that COVID-19 precautions were used to silence opposition opinions further.

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor, nor do laws specifically criminalize forced labor. Instead, the SAR uses its Employment and Theft Ordinances to prosecute labor violations and related offenses. Because labor violations are typically civil offenses with monetary fines, penalties for these offenses were not commensurate with those for analogous serious crimes, such as kidnapping, which violate the crimes ordinance and carry prison terms.

NGOs expressed concerns that some migrant workers, especially domestic workers in private homes, faced high levels of indebtedness assumed as part of the recruitment process, creating a risk they could fall victim to debt bondage. Domestic workers in Hong Kong were mostly women and mainly came from the Philippines, Indonesia, and other Southeast Asian countries. The SAR allows for the collection of maximum placement fees of 10 percent of the first month’s wages, but some recruitment firms required large up-front fees in the country of origin that workers struggled to repay. Some locally licensed employment agencies were suspected of colluding with agencies overseas to profit from debt schemes, and some local agencies illegally confiscated the passports and employment contracts of domestic workers and withheld them until they repaid the debt. In August officials concluded a year-long investigation, arresting and jailing three SAR residents for participating in a predatory loan syndicate involving local Philippine employment agencies.

SAR authorities stated they encouraged aggrieved workers to file complaints and make use of government conciliation services and that they actively pursued reports of any labor violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. Regulations prohibit employment of children younger than 15 in any industrial establishment. Children younger than 13 are prohibited from taking up employment in all economic sectors. Children who are 13 or older may be employed in nonindustrial establishments, subject to certain requirements, such as parental written consent and proof the child has completed the required schooling.

The Labor Department effectively enforced these laws and regularly inspected workplaces to enforce compliance with the regulations. Penalties for child labor law violations include fines and legal damages and were not commensurate with those for analogous serious crimes, such as kidnapping, that violate the crimes ordinance and carry prison terms.

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination based on race or ethnicity, disability, family status (marital status or pregnancy), or sex. The law stipulates employers must prove that proficiency in a particular language is a justifiable job requirement if they reject a candidate on those grounds. Regulations do not prohibit employment discrimination on the grounds of color, religion, political opinion, national origin or citizenship, sexual orientation or gender identity, HIV or other communicable disease status, or social status.

The government generally enforced these laws and regulations. In cases in which employment discrimination occurred, the SAR’s courts had broad powers to levy penalties on those violating these laws and regulations.

Human rights activists and local scholars continued to raise concerns about job prospects for minority students, who were more likely to hold low-paying, low-skilled jobs and earn below-average wages. Experts assessed that a lack of Chinese-language skills was the greatest barrier to employment.

e. Acceptable Conditions of Work

The statutory minimum wage was below the poverty line for an average-sized household. There were many press reports regarding poor conditions faced by and underpayment of wages to domestic workers. The Labor Tribunal adjudicated disputes involving nonpayment or underpayment of wages and wrongful dismissal.

The law does not regulate working hours, paid weekly rest, rest breaks, or compulsory overtime for most employees. Several labor groups reported that employers expected extremely long hours and called for legislation to address that concern.

Workplace health and safety laws allow workers to remove themselves from situations that endanger health or safety without jeopardy to their employment. Employers are required to report any injuries sustained by their employees in work-related accidents.

The number of inspectors was sufficient to enforce compliance. The government effectively enforced the law, and the number of labor inspectors was sufficient to deter violations except in the cases of nonpayment or underpayment of wages to, and working conditions of, domestic workers. Penalties for violations of the minimum wage or occupational safety and health violations include fines, damages, and worker’s compensation payments. These penalties were commensurate with those for similar crimes.

The Occupational Safety and Health Branch of the Labor Department is responsible for safety and health promotion, identification of unsafe conditions, enforcement of safety management legislation, and policy formulation and implementation. Inspectors have the authority to make unannounced inspections and initiate investigations and prosecutions. For the first six months of the year, the Labor Department reported 3,278 cases of occupational accidents, including nine fatalities, with 1,102 accidents in the construction sector and 1,508 in the food and beverage services sector. The department reported 12,502 cases of occupational injuries, including 113 deaths.

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China | Macau | Tibet

Macau is a Special Administrative Region of the People’s Republic of China. In 2017 residents elected 14 representatives to its Legislative Assembly. In accordance with the law, limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. Members of the security forces committed isolated abuses.

Significant human rights issues included: interference with the rights of peaceful assembly; restrictions on political participation; and trafficking in persons.

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

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: The law allows prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of alleged deficiencies. Judges and prosecutors visited prisons at least once a month to hear prisoner complaints.

Independent Monitoring: The government permits monitoring by independent nongovernmental observers. According to the government, no independent human rights observers requested or made any visit to the prison in the Special Administrative Region (SAR).

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. To supplement its 2009 National Security Law, improve external communications about national security, and promote law enforcement, in October the government developed new national security operations composed of four divisions: the National Security Information Division, National Security Crime Investigation Division, National Security Action Support Division, and National Security Affairs Integrated Service Division. The units are to participate in the chief executive-chaired National Security Commission’s policy research and legislative work. Opposition groups expressed concern that the government’s new divisions mirrored those mandated by the June Hong Kong National Security Law, which threatened freedom of expression under the umbrella of criminalizing secession, subversion, terrorism, and collusion with foreign or external forces.

Arrest Procedures and Treatment of Detainees

Authorities detained persons with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Authorities informed detainees promptly of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is in detention. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system. Complaints of police mistreatment may be made to the Macau Security Forces and Services Disciplinary Supervisory Committee, the Commission against Corruption, or the Office of the Secretary for Security. The Macau Security Forces and Services Disciplinary Supervisory Committee reports directly to the chief executive. The government also had a website for receiving named or anonymous complaints about irregular police activity or behavior.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right. A case may be presided over by one judge or a group of judges, depending on the type of crime and the maximum penalty involved.

Under the law defendants enjoy a presumption of innocence and have a right to appeal. The law provides that trials be public except when the court rules otherwise to “safeguard the dignity of persons, public morality, or to provide for the normal functioning of the court.” Defendants have the right to be informed promptly and in detail of the charges (with free interpretation), be present at their trials, confront witnesses, have adequate time to prepare a defense, not be compelled to testify or confess guilt, and consult with an attorney in a timely manner. The government provides public attorneys for those financially incapable of engaging lawyers or paying expenses of proceedings.

The SAR’s unique civil-code judicial system derives from the Portuguese legal system. The courts may rule on matters that are the responsibility of the government of the People’s Republic of China or concern the relationship between central authorities and the SAR, but before making their final judgment, which is not subject to appeal, the courts must seek an interpretation of the relevant provisions from the National People’s Congress Standing Committee. The Basic Law requires that courts follow the standing committee’s interpretations when cases intersect with central government jurisdiction, although judgments previously rendered are not affected, and when the standing committee makes an interpretation of the provisions concerned, the courts, in applying those provisions, “shall follow the interpretation of the Standing Committee.” As the final interpreter of the Basic Law, the standing committee also has the power to initiate interpretations of the Basic Law.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters, and citizens have access to a court to bring lawsuits seeking damages for a human rights violation.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and the government generally respected these prohibitions. New facial recognition capabilities were added to the public surveillance system, raising concerns among lawyers and prodemocracy legislators that the capabilities would reach beyond the legal scope. Prodemocracy advocates warned that the system may deter political activities.

a. Freedom of Expression, including for the Press

The law provides for freedom of expression, including for the press, but the government sometimes restricted this right.

Freedom of Speech: An amended law criminalizes some actions that disrespect the Chinese national anthem. In September the Legislative Assembly adopted a civil protection law, which criminalizes creating and spreading rumors with the intention to cause public unrest. Four lawmakers and others who opposed the law expressed concerns that it could restrict freedom of expression and speech.

Freedom of Press and Media, Including Online Media: Local media expressed a wide range of views, but the government took steps to restrict unfavorable news coverage. In March the Chinese government expelled journalists with three foreign news organizations from mainland China and prevented them from working in Hong Kong and Macau, prompting local media in both regions to express concern. In response the Macau Portuguese and English Press Association requested clarification of the journalists’ activities and the two territories’ inclusion in the ban to ensure that press freedom was upheld, as guaranteed by the Basic Law.

In October an international press exhibition with photographs of the 2019 Hong Kong prodemocracy protests was scheduled to run for three weeks in a local park but closed more than a week early without explanation. The early closure prompted speculation of political pressure that the Macau Portuguese and English Press Association said would be “a serious and worrying incident that signals an erosion of freedom of expression.”

Censorship or Content Restrictions: Media sometimes practiced self-censorship, in part because the government subsidized some media outlets.

Libel/Slander Laws: The SAR criminalizes libel, slander, and defamation. If such offenses are committed through the media or online, they are punishable by up to two years’ imprisonment.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content. Law enforcement entities may intercept communications under judicial supervision; there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

In January the Education and Youth Affairs Bureau director, according to media reports, stated that when discussing political unrest in Hong Kong, teachers should encourage diverse and objective analysis, rather than personal political views. Academics also reportedly practiced self-censorship.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government limited the freedom of peaceful assembly.

Freedom of Peaceful Assembly

The law requires prior notification, but not approval, of demonstrations involving public roads, public places, or places open to the public. Police may redirect demonstration marching routes, but organizers have the right to challenge such decisions in court. Civil rights advocates alleged that the conditions for assembly had become more restrictive due to procedural hurdles, including disallowing assemblies, recording protesters at close range, and detaining potential participants at protest sites. In May, SAR police disallowed an annual Tiananmen Square vigil, citing COVID-19 pandemic concerns, despite not having new cases in 42 days. Reacting to the first ban on the annual Tiananmen Square June vigil, which had been held for 30 years, opposition groups contended the government was “using administrative means to suppress freedom of expression and minimize the space for the civil society.”

Freedom of Association

The law provides for freedom of association, and the government generally respected this right. No authorization is required to form an association, and the only restrictions on forming an organization are that it not promote racial discrimination, violence, crime, or disruption of public order, or be military or paramilitary in nature.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The law grants police authority to deport or deny entry to nonresidents whom they regard under the law as unwelcome, a threat to internal security and stability, or possibly implicated in transnational crimes. As of October freedom of movement was restricted due to COVID-19-related border closures, but there were no reports authorities used the restrictions for other than public health concerns.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government communicated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations regarding the few applicants for refugee or asylum status.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Persons granted refugee status would ultimately enjoy the same rights as other SAR residents.

Pending final decisions on their asylum claims, the government registered asylum seekers and provided protection against their expulsion or return to their countries of origin. There were few applicants for refugee or asylum status and no successful applicants. Persons with pending applications were eligible to receive government support, including basic needs such as housing, medical care, and education for children, but they were not allowed to work until their refugee status was granted.

The law limits voters’ ability to change their government through free and fair periodic elections because there was no universal suffrage in elections for the majority of elected positions. Only a small fraction of citizens played a role in the selection of the chief executive, who was chosen in August 2019 by a 400-member election committee consisting partially of 344 members elected from four broad societal sectors: the industrial, commercial, and financial sectors; the cultural, educational, and professional sectors; the sports sector; and labor, social services, religious, and other sectors. The remaining 56 members were chosen from and by the SAR’s legislators and representatives to the National People’s Congress and the Chinese People’s Political Consultative Conference.

Elections and Political Participation

Recent Elections: In August 2019 a 400-member election committee selected Ho Iat-seng to be chief executive. Ho was unopposed and received 98 percent of the vote. The most recent general election for the 14 directly elected seats in the 33-member Legislative Assembly occurred in 2017, with all Macau voters able to vote for candidate lists and seats, which were then allocated based on a proportional representation system. The election for these seats was generally free and fair. There were no reports of the government unduly restricting the list of candidates. In accordance with the law, limited franchise functional constituencies, which represent individual industries and social sectors, elected 12 Legislative Assembly representatives, and the chief executive appointed the remaining seven.

Political Parties and Political Participation: The SAR has no laws on political parties. Politically active groups registered as societies or limited liability companies were active in promoting their political agendas. Those critical of the government generally did not face restrictions, but persons seeking elected office must swear to uphold the Basic Law. Prodemocracy organizations criticized the chief executive election process as unrepresentative and undemocratic, as more than half of the legislature and the municipal districts were not directly elected.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, and they did participate. Six of the 33 Legislative Assembly members were women.

The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Corruption: The government’s Commission against Corruption investigated the public and private sectors and had the power to arrest and detain suspects. The Ombudsman Bureau within the commission reviewed complaints of mismanagement or abuse by the commission. An independent monitoring committee outside the commission accepted and reviewed complaints about commission personnel. In December a commission investigation found no government “illegalities or maladministration” in the reclamation of 74 idle land parcels in previous years but stated the previous Land, Public Works, and Transport Bureau management had failed to inspect and monitor concessionaires’ compliance with provisional contracts for those parcels.

Financial Disclosure: By law the chief executive, judges, members of the Legislative Assembly and Executive Council, and executive agency directors must disclose their financial interests upon appointment, promotion, retirement, and at five-year intervals while encumbering the same position. The information is available to the public on the website of the Macau courts. The law states that if the information contained in the declaration is intentionally incorrect, the declarant shall be liable to a maximum imprisonment of three years or a minimum fine equal to six months’ remuneration of the position held. Furthermore, the declarant may be prohibited from appointment to public office or performing public duties for a maximum of 10 years.

Domestic and international groups monitoring human rights generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Women

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 17 of the 107 cases of domestic violence reported to them in 2019, 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.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; to manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. There were no legal, social, or cultural barriers, or government policies, that restricted access to contraception or to skilled health attendance during pregnancy and childbirth.

The government provides access to sexual and reproductive health services for sexual violence survivors.

During the year virtually all births were attended by skilled health personnel. In 2019 the adolescent (age 15-19) birth rate was two per thousand. The Health Bureau offers full support services for family planning needs.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

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. Media reports, however, indicated that discrimination persisted and gender differences in occupation existed, with women concentrated in lower-paid sectors and lower-level jobs.

Children

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.

Child, 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 exploitation of minors in commercial sex.

International Child Abductions: Macau 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.

Anti-Semitism

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/.

Persons with Disabilities

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.

Members of National/Racial/Ethnic Minority Groups

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

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

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.

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards union leaders. The law does not stipulate the financial penalties for antiunion discrimination and cannot be compared to other laws involving denials of civil rights, such as discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Observers previously noted these penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours. The government investigated trafficking cases (which typically total one or two annually), but there were no convictions during the year.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors who are age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations serve to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB enforced the law through periodic and targeted inspections, and prosecuted violators. Penalties fall under the labor ordinance and are financial; thus these are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, then the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

In November the government put into effect a minimum wage law that excludes disabled workers and domestic workers. The government justified the exclusion based on other benefits received and for the domestic workers, a pre-established minimum rate and housing allowance. 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. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In January security companies disclosed informal government requests to hire ethnic Chinese security guards. According to official statistics, at the end of July, nonresident workers accounted for approximately 30 percent of the population. They frequently complained of discrimination in workplace hiring and wages.

In March the chief executive ordered a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. In April the Legislative Assembly passed a law guaranteeing a minimum wage of 32 patacas ($4) per hour for all employees except for domestic workers and persons with disabilities. The SAR does not calculate an official poverty line. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, and medical and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. It was not clear whether penalties were sufficient to deter violations. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime laws are part of the labor ordinance, which is civil, and involve a financial penalty that is not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment.

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China | Hong Kong | Tibet

Macau is a Special Administrative Region of the People’s Republic of China. In September residents elected 14 representatives from an approved candidate pool to its Legislative Assembly. Limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven representatives in the 33-seat legislature. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed isolated abuses.

Significant human rights issues included the existence of criminal libel laws and credible reports of: substantial interference with the right of peaceful assembly; inability of citizens to change their government peacefully through free and fair elections; serious restrictions on political participation, including the disqualification of prodemocracy candidates in elections; and trafficking in persons.

The government took steps to prosecute and punish officials who committed human rights abuses or engaged in corruption.

The law limits voters’ ability to change their government through free and fair periodic elections because there was no universal suffrage in elections for most elected positions. Only a small fraction of citizens played a role in the selection of the chief executive, who was chosen in August 2019 by a 400-member election committee consisting partially of 344 members elected from four broad societal sectors: the industrial, commercial, and financial sectors; the cultural, educational, and professional sectors; the sports sector; and labor, social services, religious, and other sectors. The remaining 56 members were chosen from and by the SAR’s legislators and representatives to the National People’s Congress and the Chinese People’s Political Consultative Conference.

Elections and Political Participation

Recent Elections: On September 12, the SAR held general elections for the 14 directly elected seats in the 33-member Legislative Assembly, with all Macau voters able to vote for candidate lists and seats, which were then allocated based on a proportional representation system. The elections were not generally free and fair, as the government disqualified all prodemocracy politicians from running. Only one moderate current legislator was allowed to run. By law limited-franchise functional constituencies, which represent individual industries and social sectors, elected 12 Legislative Assembly representatives, and the chief executive appointed the remaining seven. In 2019 a 400-member election committee selected Ho Iat-seng to be chief executive. Ho was unopposed.

Political Parties and Political Participation: The SAR has no laws on political parties. Politically active groups registered as societies or limited liability companies were active in promoting their political agendas. Those seeking elected office must swear their allegiance to Macau and to uphold the Basic Law. Those critical of the government faced restrictions and were disqualified from running in the most recent election. All 21 prodemocracy candidates, including two sitting legislators, were banned from participating in the September Legislative Assembly elections. Some of the disqualified contenders expressed fear of further political reprisals.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of historically marginalized or minority groups in the political process, and they did participate. Five of the 33 Legislative Assembly members were women.

The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Corruption: The government’s Commission against Corruption investigated the public and private sectors and had the power to arrest and detain suspects. The Ombudsman Bureau within the commission reviewed complaints of mismanagement or abuse by the commission. An independent monitoring committee outside the commission accepted and reviewed complaints about commission personnel.

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right, and no strikes occurred. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards labor leaders. The law does not stipulate the financial penalties for antiunion discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

Government and employers did not respect collective bargaining and freedom of association in practice. Government influenced the selection of association officials and interfered in the functioning of workers’ organizations. Penalties for violations were not commensurate with those for other similar violations and were seldom applied.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law. The government investigated trafficking cases, which typically total one or two annually, but during the year recorded no new investigations. There were no convictions during the year.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt-based coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations served to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB was responsible for enforcing the law through periodic and targeted inspections and prosecutions but did so inconsistently. LAB operations were adequately resourced, but prosecutions for labor trafficking fell to zero, and the Public Prosecutions Office was unable to convict any traffickers during the year.

Penalties for noncompliance with minimum wage law and child labor provisions fall under the labor ordinance and are financial; they are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. It does not address HIV/AIDS or refugee status. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

The government excludes persons with disabilities and domestic workers from the minimum wage law. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. The government generally enforced the law effectively in response to complaints via hotlines and online platforms. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In February Secretary for Security Wong Sio-chak stated that nonresident workers do not have the same absolute rights as guaranteed under the Basic Law when explaining why a Burmese nonresident’s request to organize a protest against the military coup in Burma was rejected.

As of December the SAR maintained a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest,” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Wage and Hour Laws: Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. The SAR does not calculate an official poverty line, but the minimum wage was well above the World Bank’s poverty line of $1.90 per day. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, health care, and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime and wage laws are part of the labor ordinance, which is civil, and involve a financial penalty that was not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

Occupational Safety and Health: The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Inspectors were authorized to conduct unannounced visits and levy sanctions. Inspectors, and not the worker, were responsible for identifying dangerous working conditions. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment. The most hazardous sector of the SAR’s economy was the construction industry; work-related accidents in 2020 (mostly on construction sites) caused 14 deaths and rendered 24 workers permanently disabled. The fatal work injury rate was 10.7 fatalities per 1,000 full-time equivalent workers in 2020. In separate incidents in August and November, two construction workers died after falls from the scaffolding on casino construction sites.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports that the government or its agents committed arbitrary or unlawful killings. Human rights organizations and independent media alleged some killings were politically motivated, an allegation difficult to confirm because the government refused to conduct official inquiries.

Reports of killings were common in the north-central regions and the North Caribbean Autonomous Region (RACN). Human rights groups and campesino advocates documented at least 30 killings of campesinos between October 2018 and August in and around the departments of Jinotega and Nueva Segovia. Human rights groups said these killings marked an escalation of a campaign of terror in the north-central and RACN regions, perpetrated by parapolice groups to stamp out political opposition to the ruling Sandinista National Liberation Front (FSLN) party. On July 19, Abner Pineda, a member of the FSLN party and staff member of the La Trinidad municipality, shot and killed Jorge Luis Rugama Rizo after Rugama yelled, “Long live a free Nicaragua” at a pro-FSLN caravan celebrating the anniversary of the Nicaraguan revolution. Pineda turned himself in and claimed self-defense. His case did not start until three months after the incident, during which time he remained free instead of being in pretrial detention as the law prescribes. In November a judge convicted Pineda of manslaughter. Two weeks later Pineda was sentenced to the minimum one year in prison. A judge immediately commuted his sentence, and Pineda was released.

There was no indication the government investigated crimes committed by police and parapolice groups related to the 2018 prodemocracy uprising. In April 2018 President Ortega and Vice President Murillo ordered police and parapolice forces to put down with violence peaceful protests that began over discontent with a government decision to reduce social security benefits. By late November 2018 the ensuing conflict had left at least 325 persons dead; more than 2,000 injured; hundreds illegally detained, tortured, and disappeared; and as of November, more than 100,000 exiled in neighboring countries. Beginning in August 2018 the Ortega government instituted a policy of “exile, jail, or death” for anyone perceived as opposition, amended terrorism laws to include prodemocracy activities, and used the justice system to characterize civil society actors as terrorists, assassins, and coup mongers. Although the Nicaraguan National Police (NNP) and Prosecutor’s Office detained, brought to trial, and imprisoned many members of the prodemocracy opposition, human rights organizations widely documented that the investigations and charges did not conform to the rule of law. The government continued to make no effort to investigate several 2017 incidents of extrajudicial killings and torture in both the North and South Caribbean Autonomous Regions. The army continued to deny its involvement in cases perceived by human rights organizations as politically motivated extrajudicial killings.

b. Disappearance

Armed parapolice forces arbitrarily detained opposition activists and often held them in makeshift facilities without allowing them to inform family members or seek legal counsel. The detentions generally lasted between two days and one week. NNP officers and prison authorities often denied detainees were in custody. Human rights organizations claimed the NNP and prison system’s inability to locate prisoners was not due to poor recordkeeping but was instead a deliberate part of a misinformation campaign. The government made no efforts to prevent, investigate, or punish such acts. Most, if not all, of the hundreds of disappearances perpetrated by NNP and parapolice during the height of the 2018 prodemocracy uprising remained unresolved.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits such practices, cases of torture were well documented, and public officials intentionally carried out acts that resulted in severe physical or mental suffering for the purposes of securing information, inflicting punishment, and psychologically deterring other citizens from reporting on the government’s actions or participating in civic actions against the government. Members of civil society and student leaders involved in the protests that began in April 2018 were more likely than members of other groups to be subjected to such treatment.

On February 6, authorities arrested Kevin Solis after he had participated in a protest at Central American University. Prison officials routinely beat him while in custody in La Modelo Prison and doused him with buckets of water throughout the night to deprive him of sleep. As of November, Solis had remained in solitary confinement for at least five months with no access to sunlight. Prison guards threatened him with execution and pointed weapons at his head. In April a court convicted and sentenced Solis to four years’ imprisonment for aggravated robbery and assaulting a police officer, even after the officer confirmed he had retrieved the stolen goods elsewhere.

On March 8, police captured Melvin Urbina in Posoltega. When the police released him on March 10, Urbina was unable to walk and badly bruised in his eyes, ears, legs, back, and abdomen. He was taken to a hospital and died on March 12. Urbina’s family reported police surveilled Urbina’s wake and burial and at one point attempted to take the body to perform a forensics analysis. Human rights groups documented several cases of government supporters who tortured opposition activists by using sharp objects to carve the letters “FSLN” into the arms and legs of opposition activists.

Local human rights organizations said men and women political prisoners were subjected to sexual violence while in the custody of security forces. Human rights organizations reported female prisoners were regularly subjected to strip searches, degrading treatment, and rape threats while in custody of parapolice forces, prison officials, and police. Prison officials forced female prisoners to squat naked and beat them on their genitals to dislodge any supposed hidden items.

Impunity persisted among police and parapolice forces in reported cases of torture, mistreatment, or other abuses. The NNP’s Office of Internal Affairs is charged with investigating police suspected of committing a crime. The Office of the Military Prosecutor investigates crimes committed by the army, under the jurisdiction of the Office of the Military Auditor General. With complete control over the police, prison system, and judiciary branch, however, the FSLN governing apparatus made no effort to investigate allegations that regime opponents were tortured or otherwise abused.

Prison and Detention Center Conditions

Prison conditions were harsh and potentially life threatening. Overcrowding, poor sanitation, difficulties obtaining medical care, and violence among prisoners remained serious problems in prison facilities.

Physical Conditions: Prison conditions continued to deteriorate due to antiquated infrastructure and increasing inmate populations. Despite new temporary holding cells in the Directorate of Judicial Assistance, the rest of the prison system was in poor condition. The government reported overcrowding in five of the seven prisons for men, holding 15,333 prisoners with capacity for 12,600, or 22 percent over capacity. More than 1,000 of these inmates were held in the prison known as La Modelo. Human rights organizations continued to be concerned about prison overcrowding. Due to overcrowding, pretrial detainees often shared cells with convicted prisoners, and juveniles shared cells with adults.

Many prisoners suffered mistreatment from prison officials and other inmates. Human rights organizations confirmed that at least nine men detained in the context of the 2018 protests were subjected to solitary confinement in maximum-security cells of La Modelo Prison, in some cases for months at a time.

Inmates also suffered from parasites, inadequate medical attention, frequent food shortages and food contamination, contaminated water, and inadequate sanitation. The COVID-19 pandemic compounded these conditions. The government failed to take adequate measures to protect inmates from illness. Prison authorities prohibited the delivery of health and hygiene kits provided by family members for inmates to protect themselves from COVID-19, particularly in the case of political prisoners. Human rights groups reported that prison authorities randomly fumigated prisons with inmates still inside their cells. Although sanitary conditions for female inmates were generally better than those for men, they were nevertheless unsafe and unhygienic. The government reported their Human Rights Ombudsman Office received five complaints related to prison conditions between January 2019 and September, of which it resolved four and dismissed one as unsubstantiated.

Conditions in jails and temporary holding cells were also harsh. Most facilities were physically decrepit and infested with vermin; had inadequate ventilation, electricity, or sewage systems; and lacked potable water.

The government released 8,114 prisoners between January and September. Many of these prisoners were released outside of lawfully prescribed procedures and were told their release was “thanks to the president.”

Administration: Although prisoners and detainees could submit complaints to judicial authorities without censorship and request investigation of credible allegations of inhuman conditions, authorities often ignored or did not process complaints. The extent to which the government investigated allegations of poor prison conditions was unknown. The government ombudsman could serve on behalf of prisoners and detainees to consider such matters as informal alternatives to incarceration for nonviolent offenders, although this generally did not occur.

The government restricted political prisoners’ access to visitors, attorneys, and physicians. Staff members of human rights organizations, family members, and other interested parties were not allowed access to the prison system or to prisoners in custody.

Independent Monitoring: The government permitted monitoring by the International Committee of the Red Cross but denied prison visits by local human rights groups and media outlets. Nongovernmental organizations (NGOs) generally received complaints through family members of inmates and often were unable to follow up on cases until after the release of the prisoner due to lack of access. The government denied all requests from local human rights organizations for access to prison facilities.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Human rights NGOs, however, noted hundreds of cases of arbitrary arrests by police and parapolice forces, although parapolice have no authority to make arrests. Human rights organizations reported police and parapolice agents routinely detained and released government opponents within a 48-hour window, beyond which police would have to present formal charges against detainees. Detentions of political opponents usually occurred without a warrant or formal accusation and for causes outside the legal framework.

Arrest Procedures and Treatment of Detainees

The law requires police to obtain a warrant from a judicial authority prior to detaining a suspect and to notify family members of the detainee’s whereabouts within 24 hours, but this rarely happened in the context of arrests related to civil unrest.

Police may hold a suspect legally for 48 hours before arraignment, when they must bring the person before a judge. A judge then must order the suspect released or transferred to jail for pretrial detention. The suspect is permitted family member visits after the initial 48 hours. A detainee has the right to bail unless a judge deems there is a flight risk. The criminal code lists a number of crimes that may be tried by a judge without a jury and that would not qualify for bail or house arrest during the duration of the trial. Detainees have the right to an attorney immediately following their arrest, and the state provides indigent detainees with a public defender. There were numerous reports detainees did not have immediate access to an attorney or legal counsel and were not afforded one during their 48-hour detention. In several instances authorities denied having detainees under custody in a specific jail, even to their family members or legal counsel. The government reported that the NNP’s Office of Internal Affairs received 1,807 complaints between January and August, finding merit in 766 of those cases. A total of 166 police officers were dismissed or received a penalty for misconduct. Human rights organizations said police underreported police abuse. The NNP routinely rejected complaints filed by prodemocracy opposition activists.

Human rights organizations and civil society activists asserted that the government misused the 2015 Sovereign Security Law, which significantly broadened the definition of state sovereignty and security, as a pretext to arrest protesters and citizens it deemed in opposition to its goals. The government did not cite the law publicly in specific cases.

Arbitrary Arrest: According to NGOs and other human rights groups, arbitrary arrests occurred regularly, including in, but not limited to the context of, prodemocracy protests. In many cases the NNP and parapolice detained persons who had participated in prodemocracy protests in 2018 and 2019, but who were not currently participating in any activity deemed illegal or in opposition to the ruling party. Police often arrested these individuals without a warrant and occasionally entered private homes or businesses without a court order. Numerous reports claimed authorities used Directorate of Judicial Assistance jail cells for arbitrary arrests beyond the prescribed 48 hours of detention legally allowed. Many arrests were allegedly made without informing family members or legal counsel. Reports were common of armed, hooded men in plain clothes acting alone or together with police to arrest and detain prodemocracy protesters. Human rights organizations indicated that delays in the release of prisoners after finishing prison terms led to many cases of arbitrary continuation of a state of arrest. The NNP also committed irregular arrests and detentions under the guise of investigations into armed opposition groups or other violent crimes in the north-central regions of the country.

Pretrial Detention: Lengthy pretrial detention continued to be a problem. Many prodemocracy protesters were detained and held with no charges and without following due process. Observers noted that in several instances lengthy pretrial detention was intentional against specific protest leaders. Observers attributed other delays to limited facilities, an overburdened judicial system, judicial inaction, and high crime rates. No information was available on the percentage of the prison population in pretrial detention or the national average length of pretrial detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: While the law provides detainees the ability to challenge the legality of their detention before a court, the government generally did not allow those arrested during protests to challenge in court the lawfulness of their arrests or detentions. There were reports legal counsels faced obstacles when they attempted to invoke constitutional protections for detainees, including habeas corpus, and courts frequently ignored their requests.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but the government did not respect judicial independence and impartiality. The law requires vetting of new judicial appointments by the Supreme Court of Justice, a process wholly influenced by nepotism, personal influence, and political affiliation. Once appointed, many judges submitted to political pressure and economic inducements for themselves or family members that compromised their independence. NGOs complained of delayed justice caused by judicial inaction and widespread impunity, especially regarding family and domestic violence and sexual abuse. In cases against political activists, judges under the inducement of the ruling party handed down biased judgments, including adding jail time for crimes not presented by the prosecutor’s office. Lawyers for political prisoners reported that judges routinely dismissed defendants’ evidence and accepted the prosecutor’s anonymous sources as valid. In many cases trial start times were changed with no information provided to one or both sides of the trial, according to human rights organizations. Authorities occasionally failed to respect court orders. The government reported its Human Rights Ombudsman Office received 874 reports of lack of due process and 227 reports of lack of access to justice between January 2019 and September.

Trial Procedures

The law provides the right to a fair and public trial. Changes to the law enacted in 2017, however, allowed judges to deny jury trials in a wider range of cases, deny bail or house arrest based on unclear rules, and arbitrarily move a case from other judicial districts to Managua, to the disadvantage of defendants, their families, or their counsel. Defendants have the right to be fully and promptly informed of the charges against them and the right to a fair trial. While the law establishes specific time periods for cases to come to trial, most cases encountered undue delay. Trials are public, but in some cases involving minors or at the victim’s request, they may be private. The law requires defendants must be present at their trial. Many arrested in the context of prodemocracy protests were presented publicly to official media in prison uniforms before the start of trial procedures, jeopardizing their claim to innocence.

On August 15, army personnel captured Hader Gonzalez and Cristian Meneses at the southern border. Gonzalez and Meneses did not receive legal counsel, and their families were not informed of their whereabouts until August 20, when the army presented them publicly, linking their capture to a killing earlier in the year. The army referred to Gonzalez and Meneses publicly as delinquents, although police did not formally confirm their arrest until August 21.

According to the constitution, defendants are presumed innocent until proven guilty. Observers claimed, however, that trials against prodemocracy protesters were unduly delayed and did not conform to due process and that defendants’ release was in many cases based on political decisions rather than on rule of law.

Defendants have the right to legal counsel, and the state provides public defenders for indigent persons. Defendants have the right to adequate time and facilities to prepare a defense, but judges commonly failed to grant counsel’s access to the defendant. In several instances related to prodemocracy protests, defendants were not allowed to name their legal counsel, and the court appointed a public defender, which family members of the accused and human rights organizations claimed was detrimental to the defendant’s case. In many cases involving the government’s political opponents, private defense lawyers were barred from meeting with defendants in an effort to force the accused to accept a public defender appointed by a biased judiciary. Although the constitution recognizes indigenous languages, defendants were not always granted court interpreters or translators. Defendants may confront and question witnesses and have the right to appeal a conviction. Defendants may present their own witnesses and evidence in their defense; however, some judges refused to admit evidence on behalf of the defense. Defendants may not be compelled to testify or confess guilt.

Women’s rights organizations believed the court system continued to operate under unofficial orders not to impose jail time or pretrial detention in domestic violence cases. The policy reportedly applied only to domestic violence cases that authorities considered mild.

Political Prisoners and Detainees

Human rights NGOs characterized those detained in the context of prodemocracy protests as political prisoners. The government does not recognize political prisoners as an inmate category and considers all prisoners to be common criminals. According to human rights organizations, the government continued to hold 106 political prisoners as of December, nine of them in solitary confinement.

On December 18, authorities released Justo Rodriguez to house arrest. Photographs showed his emaciated body and a deep indentation in his skull; he suffered a stroke while in prison and could not speak or move his legs.

Political prisoners were kept together with common criminals. Advocacy groups reported that prison authorities instigated quarrels between the general prison population and political prisoners by blaming political prisoners for any withheld privileges, often resulting in violence. Human rights organizations received several reports of political prisoners being beaten, threatened, held in solitary confinement for weeks, and suffering from poor ventilation and poisoned or contaminated food and water.

Political prisoners did not receive appropriate health care, including while suffering COVID-19 symptoms. One political prisoner was denied access to his blood pressure medicine and did not receive medical attention until he fainted in his cell. After the prisoner received medical attention, it was revealed he had suffered a brain hemorrhage, had three blood clots in his brain, and was declared brain dead.

The government did not permit access to political prisoners by local human rights groups.

Politically Motivated Reprisal Against Individuals Located Outside the Country

There were credible reports that the government attempted to misuse international law enforcement tools for politically motivated reprisal against individuals. In one example from September, government authorities used the Interpol system to call for the arrest in the United States of the son of a prominent opposition leader. Local press reported the Interpol warrant was based on spurious charges of weapons smuggling to opposition groups.

In April unidentified attackers assaulted the father of exiled journalist Winston Potosme in the father’s home (see section 2.a.).

On July 25, exiled journalist Gerall Chavez reported that his parents living in the Carazo Department had received a letter threatening Chavez with torture and death. Groups of exiles in Costa Rica lodged complaints with Costa Rican authorities, alleging political persecution by parapolice and FSLN sympathizers who crossed the border to target exiles. In October the National Assembly approved the politically motivated Cybercrimes Law, which establishes the government may use the international extradition system to pursue Nicaraguans abroad who commit so-called cybercrimes.

Civil Judicial Procedures and Remedies

Individuals and organizations may file suit in civil courts to seek damages for alleged human rights violations, but authorities did not always respect court decisions.

The lack of an effective civil law system resulted in some civil matters being pursued as criminal cases, which were often resolved more quickly. In a number of instances, individuals and groups appealed to the Inter-American Commission on Human Rights (IACHR), which passed their cases to the Inter-American Court of Human Rights.

Property Restitution

The government regularly failed to take effective action with respect to seizure, restitution, or compensation of private property. These failures were exacerbated by the social upheaval in 2018, in which groups of persons, including members of the FSLN, illegally took over privately owned lands, with implicit and explicit support by municipal and national officials. Some land seizures were politically targeted and directed against specific individuals, such as businessmen traditionally considered independent or against the ruling party. In October the FSLN mayor’s office in the city of San Ramon in Matagalpa assessed exorbitant back taxes on the property of an NGO. The mayor’s office refused to accept the remedy offered by the NGO’s attorney, and the property remained in legal jeopardy.

The Office of the Attorney General routinely either rejected requests to evict illegal occupants of real property or failed to respond to the requests altogether. National and local police also routinely refused to evict illegal occupants of real property. Police often took no action against violence perpetrated by illegal occupants, while acting swiftly against any use of force by legitimate property owners. The judicial system delayed final decisions on cases against illegal occupants. Members of the judiciary, including those at senior levels, were widely believed to be corrupt or subject to political pressure. When judges issued orders in favor of landowners, enforcement of court orders was frequently subject to nonjudicial considerations. In the face of government inaction, some landowners were forced to pay squatters to leave their real property. As of August the private sector confirmed approximately 8,500 acres remained seized.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions. The government, however, failed to respect prohibitions against unlawful interference with privacy, family, home, and correspondence. FSLN party-based grassroots organizations such as the Citizen Power Councils colluded with parapolice or party loyalists to target the homes of prodemocracy protesters. Without a warrant and under no legal authority, these groups illegally raided homes and detained occupants. Police routinely stationed police vehicles and officers outside the homes of opposition members, harassing visitors and occasionally prohibiting opposition members from leaving their houses. These actions were widespread in large cities, particularly Managua, Matagalpa, Esteli, Masaya, Rivas, Leon, and Jinotega.

On December 24, the Ministry of Health claimed ownership of several buildings seized by the Interior Ministry in 2018 from independent media organizations 100% Noticias and Confidencial and nine NGOs when it stripped the media groups and NGOs of their legal status. The ministry ordered the seized assets transferred to government ownership to create a Comprehensive Attention and Reparation Fund for the Victims of Terrorism. The government carried out this de facto confiscation without following due process or providing appropriate compensation to the lawful owners.

Domestic NGOs, Catholic Church representatives, journalists, and opposition members alleged the government monitored their email and telephone conversations. Church representatives also stated their sermons were monitored. As part of a continuing social media campaign against prodemocracy protests, ruling party members and supporters used social media to publish personal information of human rights defenders and civil society members. Progovernment supporters marked the houses of civil society members with derogatory slurs or threats and then published photographs of the marked houses on social media. On several occasions the markings were accompanied by or led to destruction of private property. Although the law prohibits the use of drones, some members of the opposition claimed FSLN supporters used drones to spy on their houses.

Inhabitants in northern towns, particularly in the departments of Nueva Segovia, Jinotega, and Madriz, as well as the RACN and South Caribbean Autonomous Region (RACS), alleged repeated government interrogations and searches without cause or warrant, related to supposed support for armed groups or prodemocracy protests, while government officials claimed they were confronting common criminals. Several opposition members who were former Contras claimed they were regularly surveilled by police, stopped by police, and detained for questioning for several hours, usually in connection with alleged contact with rearmed groups or antigovernment protests. The individuals also said progovernment sympathizers verbally threatened them outside their homes and surveilled and defaced their houses.

The ruling party reportedly required citizens to demonstrate party membership in order to obtain or retain employment in the public sector and have access to public social programs.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the government did not respect this right. Restrictions on press freedom, the absence of an independent judiciary, and a nondemocratic political system combined to inhibit freedom of expression, including for the press. Although the law provides that the right to information may not be subjected to censorship, the government and actors under its control retaliated against the press and radio and television stations by blocking transmissions, impeding the import of ink and paper, and committing violence against journalists. Some independent media outlets also reported they were victims of cyberattacks. The government sought to control information on the COVID pandemic by restricting news coverage and blocking independent media access to public health briefings, as well as using government-aligned media to publish misinformation.

Freedom of Speech: The government used reprisals to restrict the ability of individuals to criticize the government. Persons who criticized the government, the ruling party, or its policies were subjected to police and parapolice surveillance, harassment, imprisonment, and abuse. Progovernment supporters considered the use of the national flag and the national colors of white and blue as acts of defiance and attacked opposition activists flying the flag or national colors. In August police arrested a woman after she refused to surrender a package of white and blue national flags she was selling in anticipation of the country’s independence day. She was released within a few hours without her merchandise.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views despite government attempts to restrict and intimidate them. Independent media outlets experienced vandalism, seizure of broadcast equipment, cyberattacks, and criminal defamation charges. The government repeatedly denied broadcasting licenses and other permits for independent media. Further attempts to intimidate came through continued financial audits and attempts by the Directorate General of Revenue to confiscate media channels based on spurious overdue tax debts, which resulted in referral of cases to the Customs and Administrative Tax Court. Independent news outlets faced restrictions on speech, such as not being permitted to attend official government events, being denied interviews by government officials, and receiving limited or no direct access to government information. Official media, however, were not similarly restricted. The government published false COVID-19 data that minimized the spread of the illness in the country. International reports and unpublished official documents showed the government intentionally misled the public about the severity of the pandemic to avoid an economic downturn.

Independent media faced official and unofficial restrictions, reprisals, and harassment, but they were nonetheless successful in expressing a variety of views. Journalists from many stations were threatened and harassed with the purpose of limiting their editorial independence. Journalist association Nicaraguan Independent Journalists and Communicators reported that between March and July, there were 351 incidents against independent journalists, including threats, attacks, harassment, criminal libel charges, and other impediments to carrying out their activities.

Significant state influence, ownership, and control over media continued. National television was largely controlled either by business associates of the president or directly owned and administered by his family members. Eight of the 10 basic channels available were under direct FSLN influence or owned and controlled by persons with close ties to the government. Media stations owned by the presidential family generally limited news programming and served as outlets for progovernment or FSLN propaganda and campaign advertisements. Press and human rights organizations claimed the use of state funds for official media, as well as biased distribution of government advertising dollars, placed independent outlets at a disadvantage.

Violence and Harassment: Journalists were subject to government violence, harassment, and death threats. In January a police officer punched Channel 10 journalist Wilih Narvaez during a police crackdown on prodemocracy protesters inside a hotel. Despite hundreds of witnesses and widely viewed video evidence of these attacks, the government made no effort to investigate or prosecute those involved in the attacks. In March progovernment sympathizers beat and destroyed or stole the equipment of two journalists at the Managua cathedral while they were covering an FSLN disruption of a Catholic mass during the wake of a former poet laureate. In April unidentified attackers assaulted the father of exiled journalist Winston Potosme in the father’s home. After the assault the assailants sent the journalist threats from the father’s cell phone. The television station 100% Noticias and the offices of news magazine Confidencial remained closed and under police custody after the 2018 raid of those facilities.

Censorship or Content Restrictions: The government penalized those who published items counter to the ruling party’s ideology; however, it did this arbitrarily. The government restricted access to public events, obligated independent press to use official media to cover presidential activities, and on several occasions used YouTube copyright infringement regulations against independent media for using official media content. This legal tactic led to the temporary closure of at least two independent media YouTube channels.

To control printing presses, the government continued to enforce the controversial Law 528, or “Ley Arce,” which establishes high tariffs and bureaucratic delays on the importation of ink, paper, machinery, and other printing necessities, despite constitutional provisions protecting media’s right to freedom from such tariffs. After the closure of El Nuevo Diario in 2019 due to the government’s repressive posture and restrictions on press freedom, La Prensa remained the only independent newspaper with nationwide coverage.

In July, Radio Corporacion, an independent radio broadcaster, found its AM radio antenna sabotaged and its transmission cables dug up and cut into pieces. Radio station staff stated that unknown perpetrators carried out the attack with knowledge of where the sabotage could do the most damage. As a result, the radio station lost its ability to broadcast on the AM frequency for more than a week and moved all of its programming to an FM frequency. This resulted in lower listenership, particularly among rural listeners who rely principally on AM frequency for radio transmissions. In September, Radio Camoapa found the air-cooling device of their transmission room damaged. Radio Notimat in Matagalpa remained besieged by police and parapolice, who also surveilled and threatened its journalists.

Restrictions in acquiring broadcast licenses and equipment prevented media from operating freely. Beginning in 2008, media outlets were unable to apply for new broadcasting licenses while the General Law (Law 200) on Telecommunications was under review in the National Assembly. The government extended the validity of existing licenses indefinitely. Human rights groups and independent media also reported that the failure to approve or deny Law 200 resulted in uncertainty surrounding the purchase and import of goods related to broadcasting. As a result independent radio owners continued to defer long-term investments.

Some independent-media owners also alleged the government exerted pressure on private firms to limit advertising in independent media, although other observers believed the lack of advertising was the result of self-censorship by private companies or a business decision based on circulation numbers. Many journalists practiced self-censorship, fearing economic and physical repercussions for investigative reporting on crime or official corruption. In addition media outlet owners exercised self-censorship by choosing not to publish news that affected public perceptions of the government or the FSLN.

Libel/Slander Laws: Government supporters accused independent journalists of slander. Three FSLN party members working in the municipal government of El Rama accused the director of Radio La Costenisima of slander after it broadcast a story documenting corruption in that municipality. When the previous director of the radio station died of COVID-19, authorities transferred the accusation to incoming director Kalua Salazar. Likewise, David Quintana from digital news outlet Boletin Ecologico was accused of slander by a staff member at an official television station. Two other journalists also faced similar charges. Slander and libel are both punishable by fines ranging from 120 to 300 times the minimum daily wage.

National Security: Human rights NGOs and civil society organizations argued the Sovereign Security Law was a basis for the government’s failure to respect civil liberties. Although not cited in specific cases, the law applies to “any other factor that creates danger to the security of the people, life, family, and community, as well as the supreme interests of the Nicaraguan nation.” In October the National Assembly passed the Cybercrimes Law, which includes as online crimes social media posts deemed dangerous by the regime and grants law enforcement access to information systems and other data. Penalties for online crimes include prison time and hefty fines, disproportionate to the crimes as broadly defined by the law.

An NNP regulation restricts criticism of government policies and officials under the guise of protecting national security.

Internet Freedom

There were credible reports that the government monitored private online communications without appropriate legal authority and in some cases restricted or disrupted access to the internet or censored online content. Independent media reported the government provided logistical support for “troll farms” that routinely carried out cyberattacks against opposition media websites and social media accounts. Trolls and bots reportedly tracked opposition and progovernment social media accounts to retaliate against users deemed opponents to the ruling party and amplify progovernment messaging.

Several NGOs claimed the government monitored their email and online activity without appropriate legal authority. Paid government supporters used social media and website commentary spaces to harass prominent members of civil society, human rights defenders, and well-known journalists.

The government disclosed personally identifiable information to penalize the expression of opinions. As part of a continuing social media campaign against prodemocracy protests, ruling party members and supporters used social media to publish personal information of human rights defenders and civil society members. Civil society members alleged government offices provided the information. Government supporters also used the personally identifiable information to mark the houses of civil society members with either derogatory slurs or threats, then published photographs of the marked houses on social media.

Academic Freedom and Cultural Events

There were government restrictions on academic freedom, and many students, academics, and researchers reported pressure to censor themselves.

Public universities expelled from school and erased the records of many university students who participated in prodemocracy protests. In many cases, students who went into exile could not continue their studies abroad without their records. Entrances to public universities remained under surveillance by progovernment guards who regularly checked every visitor and often by police. Some university rectors reported university enrollment following the prodemocracy uprising fell to 50 percent of precrisis levels. The public Poly-Technical University (UPOLI) expelled opposition student leader Dolly Mora, claiming security issues. FSLN-controlled student groups at UPOLI harassed Mora and others who in 2018 had protested against the government’s violent crackdown on prodemocracy demonstrators. According to reports, leaders of these FSLN-controlled student groups threatened the dean of UPOLI with violence on campus to force Mora’s expulsion.

Human rights NGOs and civil society groups reported authorities required students in elementary and secondary public schools to participate in progovernment rallies while schools were in session. Political propaganda for the ruling party was posted inside public schools. Teacher organizations and NGOs alleged continuing FSLN interference in the school system through the use of school facilities as FSLN campaign headquarters, favoritism shown to members of FSLN youth groups or to children of FSLN members, politicized awarding of scholarships, and the use of pro-FSLN education materials.

Public schools were ordered to continue in-person classes even as COVID-19 spread across the country. Teachers were ordered to punish absences and identify those students who were not attending classes. By August at least 46 public school teachers had died from COVID-19.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The government did not respect the legal right to public assembly, demonstration, and mobilization. Prodemocracy marches and protests were not allowed during the year. Police and parapolice actively persecuted, harassed, and occasionally impeded private meetings of NGOs, civil society groups, and opposition political organizations. Police failed to protect peaceful protesters from attacks; they also committed attacks and provided logistical support to other attackers. Human rights organizations reported police stopped traffic for and otherwise protected progovernment demonstrations.

The NNP consistently refused to accept applications or denied permits to use public spaces for prodemocracy marches, using unclear parameters. A denial of permission from the NNP resulted in significant repression and violence against protesters when they carried on with the protest. The NNP routinely surrounded, surveilled, and threatened meetings of political parties and civil society organizations. The NNP entered private meeting spaces to disrupt gatherings of opposition parties and civil society organizations.

Freedom of Association

The law provides for freedom of association, including the right to organize or affiliate with political parties; nevertheless, the Supreme Electoral Council and National Assembly used their accreditation powers for political purposes. National Assembly accreditation is mandatory for NGOs to receive funding, have bank accounts, or employ workers licitly. The Ministry of the Interior has oversight of regulatory compliance by NGOs and provides certificates. Many NGOs that worked on topics of democracy, human rights, and women’s issues complained the ministry purposefully withheld certification to hinder their work and access to funding. On October 15, the National Assembly passed a Foreign Agents Law with far-reaching implications for entities and employees of entities receiving funding from outside the country. The new law requires anyone receiving funding from foreign sources to register with the Ministry of the Interior and provide monthly, detailed accounts of how funds are intended to be used. Individuals who register as foreign agents cannot participate in internal politics or run for elected positions for up to one year after being removed from the registry. Failure to register can lead to fines, judicial freezing of assets, and the loss of legal status for associations or NGOs.

An internal guidance memorandum within the Ministry of the Interior approved in April 2019, but not made public until 2020, prohibits NGOs seeking certification from including political activities among their intended programming or engaging in partisan activities. NGOs working on political party leadership training, grassroots activism, and youth political capacity training considered the measure a threat against them. The government stripped social-work NGO ASODHERMU (Association of Sister Cities) of its legal status during the year. Members of the ruling party in the National Assembly accused the NGO of financing terrorism, a common accusation by the FSLN-controlled judiciary against political opponents. Leaders of the NGO considered the decision political. At least another nine NGOs remained without their legal accreditation after it was stripped in 2018.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government denied entry to citizens seeking to enter the country during the COVID-19 pandemic. From March to July, the government prevented citizens from returning from neighboring countries and cruise ships and did not establish legal provisions or any clear procedures to allow their return. In July the government began requiring a negative COVID-19 test for both foreigners and nationals seeking entry into the country. In August the government prevented approximately 500 citizens from entering the country via the border with Costa Rica until they could present a negative COVID-19 test taken within 72 hours of arrival to the border. The government did not procure these COVID-19 tests, which were ultimately obtained through private means by individual travelers or through Costa Rican NGOs. The government allowed this group to return to the country after they presented negative COVID-19 tests. The government strictly controlled the entry of persons affiliated with some groups, specifically humanitarian and faith-based organizations. The government may prevent the departure of travelers with pending cases; authorities used this authority against individuals involved in the protest movement. The law requires exit visas for minors.

e. Status and Treatment of Internally Displaced Persons

According to contacts and local media, hundreds of participants in the 2018 prodemocracy protests and others who ran afoul of the Ortega regime remained in hiding to evade government persecution, including arbitrary arrest, detention, and torture. These individuals reported being unable to find work or study due to fear of government reprisals. As the root cause of this forced displacement, the government did not promote the safe, voluntary, dignified return, resettlement, or local integration of internally displaced persons. In November, two major hurricanes displaced hundreds of thousands of persons from their homes. Observers reported that after the storms, the government initially withheld humanitarian assistance from victims who did not support the ruling party. The government does not have policies and protections for internally displaced persons in line with the UN Guiding Principles on Internal Displacement.

f. Protection of Refugees

The government does not cooperate with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. The government has not provided updated information on refugees or asylum seekers since 2015.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Only the executive branch or the country’s embassies abroad may grant asylum for political persecution. The Nicaraguan National Commission for Refugees has not met since 2015.

Durable Solutions: The government recognized 61 persons as refugees in 2015, the most recent year for which information was available. By mid-2018 UNHCR counted 326 refugees or persons in refugee-like situations in the country.

g. Stateless Persons

Registration of births in rural areas was difficult due to structural constraints, and the government took no measures to address this, resulting in a number of de facto stateless persons in the country (see section 6, Children).

While the law provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot, the ruling party restricted freedom of expression, peaceful assembly, and association. Institutional fraud, among other obstacles, precluded opportunities for meaningful choice.

Elections and Political Participation

Recent Elections: In 2016 President Ortega was elected to a third term in office following a deeply flawed electoral process. The 2016 elections expanded the ruling party’s supermajority in the National Assembly, which previously allowed for changes in the constitution that extended the reach of executive branch power and the elimination of restrictions on re-election for executive branch officials and mayors. The 2019 Caribbean regional and 2017 municipal elections were likewise marred by widespread institutional fraud. The Caribbean regional elections were characterized by heavy security force presence, including antiriot police at polling units, which local press said intimidated voters and led to low turnout. In both elections authorities did not provide domestic civil society organizations accreditation for electoral observation. Opposition party members reported government officials transported FSLN supporters to voting centers. Opposition party members and observers claimed the FSLN used its control over the Supreme Electoral Council (CSE) to commit fraud. There were reports of public-sector employees being pressured to vote and show proof the next day at work they had voted. Opposition representatives claimed opposition poll watchers were denied accreditation, FSLN-affiliated poll watchers posed as opposition poll workers, and votes were not counted in accordance with the law.

Civil society groups expressed concerns over the lack of a transparent and fair electoral process leading up to both the 2017 municipal elections and the 2019 Caribbean regional elections. Electoral experts, business leaders, representatives of the Catholic Church, and civil society organizations reported that a lack of accredited domestic observation, in addition to the ruling party’s control over official electoral structures and all branches of government, combined to impede holding a free and fair election.

Political Parties and Political Participation: On December 21, the National Assembly passed a law that would bar from running for office anyone whom the government designated as a “traitor,” defining the term so broadly that it could be applied to anyone who expressed opposition to the ruling party. The Organization of American States (OAS), European Union, and international human rights groups immediately called for the law to be rescinded, saying its purpose was to limit participation in the 2021 presidential election and deprive voters of their right to choose their leader freely. The law entered into force the next day, four days after President Ortega proposed it.

The FSLN used state resources for political activities to enhance its electoral advantage in recent elections. Independent media, human rights groups, and opposition parties reported the government used public funds to provide subsidized food, housing, vaccinations, access to clinics, and other benefits directly through either FSLN-led “family cabinets” (community-based bodies that administer government social programs) or party-controlled Sandinista leadership committee (CLS) systems, which reportedly coerced citizens into FSLN membership while denying services to opposition members. The FSLN also made party membership mandatory for an increasing number of public-sector employees. Observers noted government employees continued to be pressured into affiliating with the FSLN and to participate in party activities. During the year the government pressured public servants to participate in mass public gatherings including sports events, political rallies, and marches despite independent medical association warnings over the dangers of spreading COVID-19 via mass gatherings.

The FSLN also used its authority to decide who could obtain national identity cards. Persons seeking to obtain or retain public-sector employment, national identity documents, or voter registration were obliged to obtain recommendation letters from CLS block captains. Persons without identity cards had difficulty participating in the legal economy, conducting bank transactions, or voting. Such persons also were subject to restrictions in employment, access to courts, and land ownership. Civil society organizations continued to express concern about the politicized distribution of identity cards, alleging this was how the FSLN manipulated past elections and that the CSE failed to provide identity cards to opposition members while widely distributing them to party loyalists.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate, although observers noted most women in elected positions at the municipal and national levels held limited power or influence in their respective bodies.

There was widespread corruption, including in the police force, the CSE, the Supreme Court, customs and tax authorities, and other government organs. Municipal governments and regional governments of the Caribbean Coast were also plagued by corruption. The Managua municipal government reportedly engaged in corrupt practices related to infrastructure projects. The government did not enforce criminal penalties for corruption, allowing officials to engage in corrupt practices with impunity. The Supreme Court and lower-level courts remained particularly susceptible to bribes, manipulation, and political influence, especially by the FSLN. Companies reported that bribery of public officials, unlawful seizures, and arbitrary assessments by customs and tax authorities were common.

Corruption and impunity remained rampant among government officials, and a general state of permissiveness hindered the possibility of addressing the problem effectively. A lack of strong institutions, a weak system of checks and balances, and the absolute political control of government institutions allowed for corruption to continue with impunity.

Corruption: The Office of the Comptroller, responsible for combating corruption within government agencies and offices, did not carry out a complete verification of the government’s full financial statements. For example, the comptroller maintained that Albanisa, a private company controlled by regime insiders that imported and sold Venezuelan petroleum products, as well as associated revenue under the Venezuela oil cooperation agreement, were not subject to audit because the National Assembly did not approve the agreement.

Executive branch officials continued to be involved in businesses financed by economic and developmental assistance funds lent by the Venezuelan-led Bolivarian Alliance for the Peoples of Our America (ALBA), all of it outside the normal budgetary process controlled by the legislature. Media reported that companies linked to previous ALBA-funded contracts and with links to the president’s family were tightly controlled by the FSLN, with little public oversight. Cases of mismanagement of these funds by public officials were reportedly handled personally by FSLN members and President Ortega’s immediate family, rather than by the government entities in charge of public funds.

Financial Disclosure: Public officials rarely made their financial information public as required by law, and there was no public record of sanctions for noncompliance.

The government imposed significant and increasing burdens on the limited number of human rights organizations it allowed to operate in the country. The Nicaraguan Center for Human Rights remained stripped of its legal status, effectively hindering its ability to investigate human rights abuses. The Nicaraguan Pro-Human Rights Association continued to operate from forced exile in Costa Rica and focused more on the Nicaraguan exile community. Other human rights organizations faced significant harassment and police surveillance. Humanitarian organizations faced obstacles to operating or denial of entry, and government officials harassed and intimidated domestic and international NGOs critical of the government or the FSLN. Some NGOs reported government intimidation created a climate of fear intended to suppress criticism.

The government continued to prevent non-FSLN-affiliated NGOs and civil society groups from participating in government social programs, such as Programa Amor, which provides social protections to children and adolescents, and Hambre Cero, a program that distributes livestock for smallholder production. The government frequently used FSLN-controlled family cabinets and party-controlled CLSs to administer these programs. Government programs purportedly created to provide support for victims of the violence since 2018 benefited only FSLN party members. Increased government restrictions on domestic NGOs’ ability to receive funding directly from international donors seriously hindered the NGOs’ ability to operate. In addition, increased control over the entry of foreign visitors or volunteer groups into the country hindered the work of humanitarian groups and human rights NGOs. Some groups reported difficulties in moving donated goods through customs and said government officials were rarely cooperative or responsive to their complaints.

Domestic NGOs under government investigation reported problems accessing the justice system and delays in filing petitions, as well as pressure from state authorities. Many NGOs believed comptroller and tax authorities audited their accounts as a means of intimidation. While legally permitted, spot audits were a common form of harassment and often used selectively, according to NGOs. NGOs reported difficulties in scheduling meetings with authorities and in receiving official information due to a growing culture of secrecy. Local NGOs reported having to channel requests for meetings with ministry officials and for public information through the Ministry of Foreign Affairs. These requests were generally not processed. NGOs also reported government hostility or aggression when questioning or speaking with officials on subjects such as corruption and the rule of law. Groups opposing the construction of a proposed interoceanic canal also reported being harassed and placed under surveillance.

In October the government enacted the Law to Regulate Foreign Agents that requires any citizen working for “governments, companies, foundations, or foreign organizations” to register with the Interior Ministry, report monthly their income and spending, and provide prior notice of how the foreign funds are intended to be spent. The law establishes sanctions for those who do not register.

The United Nations or Other International Bodies: The government did not allow the Office of the UN High Commissioner for Human Rights (OHCHR) or IACHR to send working groups to monitor the human rights situation in the country. The government did not cooperate with these groups, as noted in OHCHR and IACHR reports. During the February UN Human Rights Council hearings, Vice Foreign Minister Valdrack Jaentschke, as head of the government’s delegation, used his cell phone to film the testimony of the Nicaraguan Center for Human Rights in an intimidating fashion.

The government continued to block the entrance of the OAS high-level commission to help resolve the country’s sociopolitical crisis. The government did not send a representative to any of the 2020 IACHR hearings. In several instances progovernment supporters detained or harassed protesters protected by IACHR precautionary measures.

Government Human Rights Bodies: In 2019 the National Assembly elected as human rights ombudsman Darling Rios, a sociologist with no previous human rights experience. Rios was a prominent leader of the Sandinista Youth wing of the FSLN. The National Assembly also elected a new vice ombudsman, Adolfo Jarquin, son of the previous vice ombudsman, also with no previous human rights experience. The Office of the Ombudsman for Human Rights was perceived as politicized and ineffective. In 2019 the UN Human Rights Council demoted the Office of the Ombudsman for Human Rights from category A to B for its lack of independence. The government claimed to operate a Truth Commission purportedly to investigate violence from the 2018 prodemocratic uprising. The commission did not report any significant findings, and independent observers deemed it incompetent.

Women

Rape and Domestic Violence: The law criminalizes all forms of rape of men or women, regardless of the relationship between the victim and the accused. Sentences for those convicted of rape range from eight to 12 years’ imprisonment. The law criminalizes domestic violence and provides prison sentences ranging from one to 12 years.

The government failed to enforce rape and domestic violence laws, leading to widespread impunity and reports of increased violence from released offenders emboldened by their release. The NGO Catholics for the Rights to Decide (CDD) reported that there were 69 femicides as of November, most of them committed after the victims suffered sexual violence. The government recognized 15 femicides in the same period, although it reported 36 women killed as of August. Two girls ages 10 and 12 were raped and killed in the north-central region of the country by their mother’s former partner. The mother of the girls alleged the eldest had been raped twice before and that despite reporting it to police, no action had been taken. The government continued to use FSLN-led family cabinets and CLSs in mediation processes in cases of domestic violence. Both processes were politicized and did not operate according to rule of law. The government employed limited public education, shelters, hotlines, psychosocial services, and police training in nominal and unsuccessful attempts to address the problem.

Observers reported a general increase in sexual crimes and violence against women during the year; however, data were unreliable. NGOs working on women’s issues reported that violence against women increased and that police generally understated its severity. The government reported receiving 301 reports of rape, 175 reports of aggravated rape, and 690 reports of sexual abuse between January and August 30, compared with 332 cases of rape, 248 cases of aggravated rape, and 897 cases of sexual abuse in all of 2019. The government reported solving more than 80 percent of sexual violence cases during the year, although a CDD report claimed police generally failed to investigate allegations of sexual violence and abuse. The ruling party did not coordinate with women’s rights NGOs and actively blocked their operations and access to funding.

Sexual Harassment: The law prohibits sexual harassment, and those convicted face one- to three-year sentences in prison, or three to five years if the victim is younger than 18. No information was available on government efforts to prevent or prosecute complaints of sexual harassment.

Reproductive Rights: Couples and individuals have limited rights to decide the number, spacing, and timing of their children; have the right to manage their reproductive health; and had limited access to the information and constrained means to do so free from discrimination, coercion, and violence. Rural women’s access to health care during pregnancy and childbirth was hindered by long distances to city centers and the lack of financial resources. Women in some areas, such as the RACN and the RACS, lacked widespread access to medical care or programs, and maternal death affected poor rural women more than their urban counterparts.

No legal, social, or cultural barriers or government policies adversely affected access to contraception. Adolescents, however, often faced social stigma when seeking contraception methods. No legal, social, or cultural barriers or government policies adversely affected access to skilled health attendance during pregnancy and childbirth.

The government provided limited access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for gender equality. Nevertheless, women often experienced discrimination in employment, obtaining credit, and receiving equal pay for similar work, as well as in owning and managing businesses. While the government enforced the law effectively in the public sector, women in positions of power faced limitations, and their authority was limited compared with that of men. Enforcement was not effective in the private sector or the larger informal sector.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents. Local civil registries register births within 12 months, although many persons, especially in rural areas, lacked birth certificates. Registration in rural areas was difficult due to structural constraints, and the government took no measures to address this, resulting in a number of de facto stateless persons in the country. Persons without citizenship documents were unable to obtain national identity cards and consequently had difficulty participating in the legal economy, conducting bank transactions, or voting. Such persons also were subject to restrictions in employment, access to courts, and land ownership.

Child Abuse: According to the criminal code, prison sentences for rape committed against minors range from 12 to 15 years, and for child abuse, from seven to 12 years. Government efforts were insufficient to combat child abuse and sexual violence against minors. High rates of sexual violence against teenage girls contributed to high rates of teenage pregnancy, according to UNICEF.

Child, Early, and Forced Marriage: The minimum legal age for marriage is 18 for men and women, or 16 with parental authorization. There were credible reports of forced early marriages in some rural indigenous communities. UNICEF’s 2017 State of the World’s Children, the most recent data available, reported 41 percent of women 20 to 24 years of age were married or in a union by age 18, and 10 percent were married by age 15. No information was available on government efforts to address or prevent forced and early marriage.

Sexual Exploitation of Children: The law prohibits sexual exploitation in general and designates enticing children or adolescents to engage in sexual activity as an aggravating condition. The government generally did not enforce the law when pertaining to child sex trafficking. Penalties include 10 to 15 years in prison for a person who entices or forces any individual to engage in sexual activity and 19 to 20 years in prison for the same acts involving children or adolescents. The law defines statutory rape as sexual relations with children age 14 or younger.

The law also prohibits child pornography, and the government generally enforced it. The penalty for an individual convicted of inducing, facilitating, promoting, or using a minor for sexual or erotic purposes is 10 to 15 years in prison.

The country was a destination for child sex tourism. The law imposes a penalty of five to seven years in prison for convicted child-sex tourists.

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.

Anti-Semitism

The country has a very small Jewish population. There were no known 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/.

Persons with Disabilities

Discrimination against persons with physical, sensory, intellectual, and mental disabilities was widespread despite being prohibited by law. Laws related to persons with disabilities do not stipulate penalties for noncompliance, although penalties may be issued under the general labor inspection code. The Ministry of the Family, Ministry of Labor, and Human Rights Office are among government agencies responsible for the protection and advancement of rights of persons with disabilities. The government did not enforce the law effectively; did not mandate accessibility to buildings, information, and communications; and did not make information available on efforts to improve respect for the rights of persons with disabilities. Advocacy organizations for persons with disabilities reported persons with disabilities accounted for less than 1 percent of public-sector employees, despite the legally mandated minimum representation of 2 percent. Further reports indicated public institutions did not sufficiently coordinate with the Labor Ministry to accommodate persons with disabilities in the workplace.

Persons with disabilities faced severe problems accessing schools, public health facilities, and other public institutions. Children with disabilities attended schools with nondisabled peers; specialized school materials were not readily available and on occasion were blocked by the Ministry of Education. Anecdotal evidence suggested that children with disabilities completed secondary education at a significantly lower rate than other children. Public schools were rarely well equipped, and teachers were poorly trained in providing appropriate attention to children with disabilities. Many voting facilities were not accessible. Complaints continued regarding the lack of accessible public transportation. Some persons with disabilities reported taxi drivers often refused them service due to the perceived extra burden on the driver to aid customers with disabilities. Advocates for persons with disabilities claimed interpreters for the deaf were not accessible at schools and universities, making it difficult for these persons to obtain education. Government clinics and hospitals provided care for veterans and other persons with disabilities, but the quality of care generally was poor.

Members of National/Racial/Ethnic Minority Groups

Exclusionary treatment based on race, skin color, and ethnicity was common, especially in higher-income urban areas. Darker-skinned persons of African descent from the RACN and the RACS, along with others assumed to be from those areas, experienced discrimination, such as being subjected to extra security measures and illegal searches by police. Indigenous and other ethnic groups from the RACN and the RACS alleged that discriminatory attitudes toward ethnic and racial minorities were responsible for the lack of government resources devoted to the regions. The ruling party devoted attention and resources to keeping political control over decision-making bodies in the regions where most indigenous groups lived.

Indigenous People

Indigenous persons constituted approximately 5 percent of the population and lived primarily in the RACN and RACS. Despite having autonomous governing bodies, decisions affecting their lands, cultures, traditions, or the exploitation of energy, minerals, timber, and other natural resources on their lands were largely made or approved by national government authorities or by FSLN representatives. Individuals from five major indigenous groups–the Miskito, Sumo/Mayangna, Garifuna (of Afro-Amerindian origin), Creole, and Rama–alleged government discrimination through underrepresentation in the legislative branch.

NGOs and indigenous rights groups denounced the increasing number of killings of indigenous persons at the hands of nonindigenous populations encroaching on their lands in the RACN and RACS, and they claimed the government failed to protect the civil and political rights of indigenous communities. In January unidentified armed cattle ranchers attacked a settlement and killed eight indigenous persons in an effort to drive indigenous populations from their lands. Unidentified gunmen killed five more indigenous persons from the Mayagna community in March. Human rights defenders described the March killings of six indigenous persons in Tuahka territories in the Rosita municipality in the north of the country as being the result of land conflicts. The Oakland Institute, an NGO that investigates land thefts globally, said the government actively encouraged the illegal land seizures. Some observers alleged government and FSLN involvement in the violence against Miskito populations in the RACN along the Coco River, either by failing to defend indigenous populations or as accomplices to nonindigenous groups invading indigenous lands.

Indigenous groups continued to complain of rights violations in connection with government plans to build an interoceanic canal. Indigenous persons from rural areas often lacked birth certificates, identity cards, and land titles. Most indigenous individuals in rural areas lacked access to public services, and deteriorating roads made medicine and health care almost unobtainable for many.

Indigenous women faced multiple levels of discrimination based on their ethnicity, gender, and lower economic status.

Throughout the year indigenous leaders alleged that regional and national governments granted logging concessions to private firms and to government-affiliated businesses, such as ALBA-Forestal, and that logging continued in violation of national autonomy laws in the RACS and RACN.

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

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) groups reported lack of access to justice and discrimination and lack of response from the NNP. The government and FSLN supporters frequently targeted LGBTI participants in civil protests in particular, using online smear campaigns and physical attacks in some cases. LGBTI opposition members were particularly targeted with sexual violence by the NNP, parapolice, and progovernment supporters. In September a lesbian opposition leader was raped and beaten, reportedly due to her political activism. The NNP had not investigated the case as of September. LGBTI activists said political prisoners self-censored their orientation, fearing increased abuse from prison guards. Reliable data on the breadth of such discrimination were not available. No specific laws exist to punish hate crimes against LGBTI persons.

Transgender women detained for participating in prodemocracy protests were particularly harassed while in custody. They were kept with male inmates, forced to strip in front of their peers, and specifically harangued by guards. The law does not recognize the right to gender identity self-determination, and as such the penitentiary system is not required to separate inmates based on gender identity. There were reports of attacks against Celia Cruz, a political prisoner and transgender woman, and the NNP reportedly failed to investigate the cases appropriately.

Although it does not mention sexual orientation and gender identity specifically, the law states all persons are equal before the law and provides for the right to equal protection. No laws specifically criminalize consensual same-sex sexual conduct between adults. LGBTI persons, however, continued to face widespread societal discrimination and abuse, particularly in housing, education, and employment. LGBTI organizations continued to complain the law curtailed the rights of LGBTI households by defining families as necessarily headed by a man and a woman; this definition particularly affected LGBTI households’ access to social security, survivor benefits, and adoption rights.

HIV and AIDS Social Stigma

The law provides specific protections for persons with HIV or AIDS against discrimination in employment and health services, but such persons continued to suffer societal discrimination. An administrative resolution issued by the Ministry of Health continued in effect, declaring that HIV/AIDS patients should not suffer discrimination and making available a complaints office.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of all workers in the public and private sectors, with the exception of those in the military and police, to form and join independent unions of their choice without prior authorization and to bargain collectively. The government violated the right by controlling established unions. The ruling party used its control over major unions to harass and intimidate workers in several sectors, including education, health care, the public sector, and free trade zones. The constitution recognizes the right to strike, although it places some restrictions. The law prohibits antiunion discrimination but does not provide for measures to protect against rights violation. Burdensome and lengthy conciliation procedures impeded workers’ ability to call strikes. The government created parallel labor unions to confuse and diffuse efforts to organize strikes or other labor actions. In addition, if a strike continues for 30 days without resolution, the Ministry of Labor may suspend the strike and submit the matter to arbitration.

A collective bargaining agreement may not exceed two years and is renewed automatically if neither party requests its revision. Collective bargaining agreements in the free trade zone regions, however, are for five-year periods. Companies in disputes with their employees must negotiate with the employees’ union if one exists. By law several unions may coexist at any one enterprise, and the law permits management to sign separate collective bargaining agreements with each union.

The government sought to foster resolution of labor conflicts through informal negotiations rather than formal administrative or judicial processes. The law does not establish specific fines for labor law violations, and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Although the law establishes a labor court arbitration process, it was subject to long wait times and lengthy and complicated procedures, and many labor disputes were resolved out of court. The government claimed the vast majority of labor disputes (89 percent) were resolved favorably to workers, but labor and human rights organizations continued to allege rulings were often unfavorable to workers.

Freedom of association and the right to collective bargaining were not respected, and the government often intervened for political reasons. The government did not effectively enforce the laws. Most labor unions were allied with political parties, and in recent years the government reportedly dissolved unions and fired workers not associated with the ruling FSLN. Independent labor experts reported the Ministry of Labor denied or unduly delayed providing legal recognition to unions who were not in favor of the ruling party.

Politically motivated firings continued to be a problem. The Ministry of Health fired at least 20 medical staff in June after they signed a letter criticizing the lack of personal protective equipment as they battled COVID-19 in health-care facilities across the country. These firings followed the removal of at least 405 doctors, including medical school professors, in 2018 and 2019 for rejecting government orders not to provide medical attention to protesters, according to the Nicaraguan Medical Association. A majority of the doctors and university staff from the public sector fired for political reasons since 2018 had not received severance pay as of November. Party affiliation or letters of recommendation from party secretaries, family cabinet coordinators, or other party officials were allegedly required from applicants seeking public-sector jobs. Several sources highlighted similar instances of public-sector employees being fired without receiving severance pay.

Following the 2018 prodemocracy uprising, the government restricted the organizing of trade unions and teachers perceived to be in opposition to the government.

There were no known high-profile documented instances of strikes being declared illegal. During a strike employers may not hire replacement workers, but unions alleged this practice was common. Wildcat strikes–those without union authorization–have historically been common.

Employers interfered in the functioning of workers’ organizations and committed other violations related to freedom of association and collective bargaining. Labor leaders noted employers routinely violated collective bargaining agreements and labor laws with impunity.

Official union federations were accused of protecting employer interests by identifying and isolating workers who attempted to organize as well as frustrating such attempts through arbitrary procedural barriers that delay approval processes. Federations also permitted illegal firings of workers who tried to organize themselves; the workers faced retaliation and permanent exclusion from jobs in the free trade zones.

Many employers in the formal sector, which declined during the year, continued to blacklist or fire union members and did not reinstate them. Many of these cases did not reach the court system or a mediation process led by the Ministry of Labor. Employers often delayed severance payments to fired workers or omitted the payments altogether. Employers also avoided legal penalties by organizing employer-led unions lacking independence and by frequently using contract workers to replace striking employees. There were reports FSLN party dues were automatically deducted from paychecks.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. There was no information available regarding government enforcement of these laws. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. Despite reported political will to combat human trafficking, including labor trafficking, during the year the government did not take sufficient action to address the scope of the problem and provided only limited information about its law enforcement efforts.

Observers noted reports of forced labor, including of men, women, and children in agriculture, construction, mining, street begging, and domestic servitude. Victim identification, prosecution, and conviction remained inadequate, and victims’ family members were often complicit in their exploitation. Traffickers lured residents of rural or border regions with the promise of high-paying jobs in urban and tourist areas but then subjected them to sexual exploitation and forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The law establishes the minimum age for employment at 14 and limits the workday for any individual between ages of 14 and 18 to six hours and the workweek to 30 hours. Those between 14 and 16 must have parental approval to work or enter into a formal labor contract. The law prohibits teenage domestic workers from sleeping in the houses of their employers. It is illegal for minors to work in places the Ministry of Labor considers harmful to their health or safety, such as mines, garbage dumps, and night entertainment venues, and to undertake certain agricultural work. The government mostly enforced the law in the formal sector, but enforcement was insufficient in the much larger informal sector, where child labor was more prevalent. Legal penalties for persons employing children in dangerous work were commensurate with those for other analogous serious crimes, such as kidnapping.

The government used its limited resources to concentrate on child labor violations in select sectors in narrow geographic areas, such as coffee-growing regions, and gave only limited attention to the large informal sector. The government reported having separated nine children from work between January 2019 and the first semester of 2020.

The government signed thousands of cooperative agreements with employers to prevent the hiring of minors and continued Programa Amor, which aimed to eradicate child labor by reintegrating abandoned children into society. Information on the program’s activities, funding, and effectiveness was unavailable, but independent observers deemed it insufficient.

Laws to eliminate child labor were not fully implemented and lacked a consistent mechanism to coordinate efforts to address child labor. The government also divested resources from child labor prevention. Attendance in secondary schools remained much lower than that in primary schools, increasing the risk of older children engaging in exploitative labor.

Of children 15 percent lacked birth certificates, which increased their risk for human trafficking, including for the purposes of commercial sexual exploitation.

Child labor remained widespread. According to organizations that worked on children’s rights, this likely increased to almost 320,000 children working in some form of child labor. A common feature of child labor was the prevalence of unpaid family work, and the National Institute of Development Information stated 80 percent of children and adolescents were unpaid workers.

Children engaged in the worst forms of child labor, including in commercial sexual exploitation (see section 6). Most child labor occurred in forestry, fishing, and the informal sector, including on coffee plantations and subsistence farms. Child labor also occurred in the production of dairy products, oranges, bananas, tobacco, palm products, coffee, rice, and sugarcane; cattle raising; street sales; garbage-dump scavenging; stone crushing; gold mining and quarrying of pumice and limestone; construction; drug production and trafficking; street performing; domestic work; and transport. Persons with disabilities and children were subjected to forced begging, particularly in Managua and near tourist centers.

Children working in agriculture suffered from sun exposure, extreme temperatures, and dangerous pesticides and other chemicals. Children working in the fishing industry were at risk from polluted water and dangerous ocean conditions.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV or other communicable disease status, or social status. The government did not deter such discrimination because it did not effectively enforce the law and regulations. Penalties for violations were commensurate with laws related to civil rights, such as election interference.

Discrimination in employment took many forms. Although women generally had equal access to employment, few women had senior positions in business and worked in the informal sector at higher levels than men; in the public sector or in elected positions, women’s independence and influence were limited. In addition women’s wages were generally lower when compared with those of male counterparts, even for the same position and work performed. Workplace challenges for persons with disabilities included inadequate infrastructure, lack of educational opportunities, and a generally low rate of public-services positions, despite a legal requirement that a certain percentage be available to them. LGBTI organizations reported that sexual orientation and gender identity continued to be a basis for discriminatory behavior.

Workers who disagreed with government recommendations were fired, and only those with a membership card of the ruling party were hired.

e. Acceptable Conditions of Work

The law establishes a statutory minimum wage for 10 economic sectors. According to the Ministry of Labor, the average legal minimum wage covered only 35 percent of the cost of basic goods. The ministry, together with workers’ unions aligned with the ruling party, agreed to a 2.63 percent wage increase for the year. Free trade zone regions had a wage increase of 8 percent, prenegotiated in a five-year agreement expected to expire in 2022. The salary increase remained unchanged despite free trade zone representatives reporting unsteady industry performance.

The minimum wage was generally enforced only in the formal sector, estimated to be approximately 20 percent of the economy, and in contracting. The Ministry of Labor is the primary enforcement agency.

The standard legal workweek is a maximum of 48 hours, with one day of rest. The law dictates an obligatory year-end bonus equivalent to one month’s pay, proportional to the number of months worked. The law mandates premium pay for overtime, prohibits compulsory overtime, and sets a maximum of three hours of overtime per day not to exceed nine hours per week. Penalties for violations of minimum wage and overtime laws were not commensurate with those for similar crimes, such as fraud.

According to International Labor Organization guidelines, the number of labor inspectors was insufficient for the size of the workforce, which included approximately three million workers. The law allows inspectors to conduct unannounced inspections and initiate sanctions for egregious violations.

The National Council of Labor Hygiene and Safety, including its departmental committees, is responsible for implementing worker safety legislation and collaborating with other government agencies and civil society organizations in developing assistance programs and promoting training and prevention activities. According to labor contacts, the council was inactive throughout the year. The government did not allocate adequate staff or other measures to enable the Office of Hygiene and Occupational Safety to enforce occupational safety and health (OSH) provisions. Penalties for violations of occupational safety and health laws were commensurate with those for crimes such as negligence, but they were infrequently enforced and only in the formal sector.

OSH standards also were not widely enforced in an expanding large informal sector, which represented 77 percent of employment and 88 percent of businesses, according to 2016 reports from the Consultants for Business Development and the Nicaraguan Foundation for Economic and Social Development. Although more recent statistics on informality were not available, experts viewed this indicator as necessarily rising as a result of sociopolitical unrest and the aftermath of the COVID-19 pandemic. The informal sector included the bulk of workers in street sales, agriculture and ranching, transportation, domestic labor, fishing, and minor construction. Legal limitations on hours worked often were ignored by employers, who claimed workers readily volunteered for extra hours for additional pay. Violations of wage and hour regulations in the informal sector were common and generally not investigated, particularly in street sales, domestic work, and agriculture, where children continued to work in tobacco, banana, and coffee plantations. Compulsory overtime was reported in the private-security sector, where guards often were required to work excessive shifts without relief.

By law workers may remove themselves from situations that endanger their health or safety without jeopardy to their employment. It was unclear if authorities effectively protected employees in such cases.

During the COVID-19 pandemic, government officials ordered medical staff not to wear personal protective equipment. In response to this and the lack of government response to the pandemic, 25 doctors signed a letter in July requesting that doctors be issued protective equipment and not be prosecuted for using it. The doctors were fired in retaliation. In November the Citizen’s Observatory reported that approximately 100 health workers had died of the virus.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were reports that the government or its agents committed arbitrary, unlawful, or extrajudicial killings. At times authorities sought to investigate, and when found culpable, held police, military, or other security force personnel accountable for the use of excessive or deadly force or for the deaths of persons in custody, but impunity in such cases remained a significant problem. State and federal panels of inquiry investigating suspicious deaths did not always make their findings public.

The national police, army, and other security services sometimes used force to disperse protesters and apprehend criminals and suspects. Police forces engaging in crowd-control operations generally attempted to disperse crowds using nonlethal tactics, such as firing tear gas, before escalating their use of force.

On October 20, members of the security forces enforced curfew by firing shots into the air to disperse protesters, who had gathered at the Lekki Toll Gate in Lagos to protest abusive practices by the Nigerian Police Force’s Special Anti-Robbery Squad (SARS). Accurate information on fatalities resulting from the shooting was not available at year’s end. Amnesty International reported 10 persons died during the event, but the government disputed Amnesty’s report, and no other organization was able to verify the claim. The government reported two deaths connected to the event. One body from the toll gate showed signs of blunt force trauma. A second body from another location in Lagos State had bullet wounds. The government acknowledged that soldiers armed with live ammunition were present at the Lekki Toll Gate. At year’s end the Lagos State Judicial Panel of Inquiry and Restitution continued to hear testimony and investigate the shooting at Lekki Toll Gate.

In August a military court-martial convicted a soldier and sentenced him to 55 years in prison after he committed a homicide while deployed in Zamfara State.

There were reports of arbitrary and unlawful killings related to internal conflicts in the Northeast and other areas (see section 1.g.).

Criminal gangs also killed numerous persons during the year. On January 25, criminals abducted Bola Ataga, the wife of a prominent doctor, and her two children from their residence in the Juji community of Kaduna State. The criminals demanded a ransom of $320,000 in exchange for their return. They killed Ataga several days later after the family was unable to pay the ransom. On February 6, the criminals released the children to their relatives.

b. Disappearance

In August 2019, to mark the International Day of the Disappeared, Amnesty International issued a statement calling on the government to release immediately hundreds of persons who had been subjected to enforced disappearance and held in secret detention facilities across the country without charge or trial.

Criminal groups abducted civilians in the Niger Delta, the Southeast, and the Northwest, often to collect ransom payments. For example, on the evening of December 11, criminals on motorbikes stormed the Government Science Secondary School in Kankara, Katsina State, abducting 344 schoolboys and killing one security guard. On December 17, the Katsina State government, in conjunction with federal government authorities, secured the release of the boys.

Maritime kidnappings remained common as militants turned to piracy and related crimes to support themselves. For example, in July, Nigerian pirates attacked a Floating Production Storage and Offloading vessel near Rivers State, kidnapping 11 crew members.

Other parts of the country also experienced a significant number of abductions. Prominent and wealthy figures were often targets of abduction, as were religious leaders, regional government leaders, police officers, students, and laborers, amongst others. In January the Emir of Potiskum, Alhaji Umaru Bubaram, and his convoy were attacked on the Kaduna-Zaria Highway. The emir was abducted, and several of his bodyguards were killed. The Abuja-Kaduna road axis was a major target for kidnappers, forcing most travelers to use the train.

Boko Haram and the Islamic State in West Africa (ISIS-WA) conducted large-scale abductions in Borno, Yobe, and Adamawa States (see section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment. A 2017 law defines and specifically criminalizes torture. The law prescribes offenses and penalties for any person, including law enforcement officers, who commits torture or aids, abets, or by act or omission is an accessory to torture. It also provides a basis for victims of torture to seek civil damages. A 2015 law prohibits torture and cruel, inhuman, or degrading treatment of arrestees; however, it fails to prescribe penalties for violators. Each state must also individually adopt the legislation compliant with the 2015 law for the legislation to apply beyond the Federal Capital Territory (FCT) and federal agencies. Two-thirds of the country’s states (Abia, Adamawa, Akwa Ibom, Anambra, Bayelsa, Benue, Cross River, Delta, Edo, Ekiti, Enugu, Jigawa, Kaduna, Kano, Kogi, Kwara, Lagos, Nasarawa, Ogun, Ondo, Osun, Oyo, Plateau, and Rivers) had adopted compliant legislation.

The Ministry of Justice previously established a National Committee against Torture. Lack of legal and operational independence and limited funding hindered the committee from carrying out its work effectively.

The law prohibits the introduction into trials of evidence and confessions obtained through torture. Authorities did not always respect this prohibition. According to credible international organizations, prior to their dissolution, SARS units sometimes used torture to extract confessions later used to try suspects. President Buhari disbanded SARS units in October following nationwide #EndSARS protests against police brutality. Of the states, 28 and the FCT established judicial panels of inquiry to investigate allegations of human rights violations carried out by the Nigerian Police Force and the disbanded SARS units. The panels were made up of a diverse group of civil society representatives, government officials, lawyers, youth, and protesters with the task of reviewing complaints submitted by the public and making recommendations to their respective state government on sanctions for human rights violations and proposed compensation for victims. The work of the judicial panels continued at year’s end.

Local nongovernmental organizations (NGOs) and international human rights groups accused the security services of illegal detention, inhuman treatment, and torture of criminal suspects, militants, detainees, and prisoners. On February 10, the BBC published a report documenting police and military use of a torture practice known as tabay when detaining criminal suspects, including children. Tabay involves binding a suspect’s arms at the elbows to cut off circulation; at times the suspect’s feet are also bound and the victim is suspended above the ground. In response to the BBC video, military and Ministry of Interior officials told the BBC they would investigate use of the practice.

In June, Amnesty International issued a report documenting 82 cases of torture by the SARS from 2017 to May.

Police used a technique commonly referred to as “parading” of arrestees, which involved walking arrestees through public spaces and subjecting them to public ridicule and abuse. Bystanders sometimes taunted and hurled food and other objects at arrestees.

The sharia courts in 12 states and the FCT may prescribe punishments such as caning, amputation, flogging, and death by stoning. The sharia criminal procedure code allows defendants 30 days to appeal sentences involving mutilation or death to a higher sharia court. Statutory law mandates state governors treat all court decisions equally, including amputation or death sentences, regardless of whether issued by a sharia or a nonsharia court. Sharia courts issued several death sentences during the year. In August a sharia court in Kano State convicted a man of raping a minor and sentenced the man to death by stoning. Authorities often did not carry out sentences of caning, amputation, and stoning ordered by sharia courts because defendants frequently appealed, a process that was often lengthy. Federal appellate courts had not ruled on whether such punishments violate the constitution because no relevant cases reached the federal level. Although sharia appellate courts consistently overturned stoning and amputation sentences on procedural or evidentiary grounds, there were no challenges on constitutional grounds.

There were no new reports of canings during the year. Defendants generally did not challenge caning sentences in court as a violation of statutory law. Sharia courts usually carried out caning immediately. In some cases convicted individuals paid fines or went to prison in lieu of caning.

According to the Conduct in UN Field Missions online portal, there were no new reports of sexual exploitation or abuse by peacekeepers from Nigeria deployed to UN peacekeeping missions, but there were still five open allegations, including one from 2019, one from 2018, and three from 2017. As of September, two allegations had been substantiated, and the United Nations repatriated the perpetrators, but the Nigerian government had not yet provided the full accountability measures taken for all five open cases.

In Oyo State, two Nigeria Police Force officers were arrested after reportedly mistreating subjects they arrested in July. In September the Nigeria Police Force dismissed 11 officers and filed criminal charges against an additional 19 for misconduct.

Impunity remained a significant problem in the security forces, including in the police, military, and the Department of State Services (DSS). The DSS, police, and military reported to civilian authorities but periodically acted outside civilian control. The government regularly utilized disciplinary boards and mechanisms to investigate security force members and hold them accountable for crimes committed on duty, but the results of these accountability mechanisms were not always made public. Police remained susceptible to corruption, faced allegations of human rights abuses, and operated with widespread impunity in the apprehension, illegal detention, and torture of suspects.

In response to nationwide protests against police brutality, the government on October 11 abolished SARS units. The DSS also reportedly committed human rights abuses. In some cases private citizens or the government brought charges against perpetrators of human rights abuses, but most cases lingered in court or went unresolved after an initial investigation. In the armed forces, a soldier’s commanding officer determined disciplinary action, and the decision was subject to review by the chain of command. The army had a human rights desk to investigate complaints of human rights abuses brought by civilians, and a standing general court-martial in Maiduguri. The human rights desk in Maiduguri coordinated with the Nigerian Human Rights Commission (NHRC) and Nigerian Bar Association to receive and investigate complaints, although their capacity and ability to investigate complaints outside major population centers remained limited. The court-martial in Maiduguri convicted soldiers for rape, murder, and abduction of civilians. Many credible accusations of abuses remained uninvestigated. The military continued its efforts to train personnel to apply international humanitarian law and international human rights law in operational settings.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and life threatening. Prisoners and detainees reportedly were subjected to gross overcrowding, inadequate medical care, food and water shortages, and other abuses; some of these conditions resulted in deaths. The government sometimes detained suspected militants outside the formal prison system (see section 1.g.).

Physical Conditions: Overcrowding was a significant problem. Although the total designed capacity of the country’s prisons was 50,153 inmates, as of October prison facilities held 64,817 prisoners. Approximately 74 percent of inmates were in pretrial detention or remanded. As of October there were 1,282 female inmates. Authorities sometimes held female and male prisoners together, especially in rural areas. Prison authorities sometimes held juvenile suspects with adults.

Many of the 240 prisons were 70 to 80 years old and lacked basic facilities. Lack of potable water, inadequate sewage facilities, and overcrowding sometimes resulted in dangerous and unsanitary conditions. For example, in December 2019, according to press reports, five inmates awaiting trial at Ikoyi Prison were accidentally electrocuted in their cell, which held approximately 140 inmates despite a maximum capacity of 35.

Disease remained pervasive in cramped, poorly ventilated prison facilities, which had chronic shortages of medical supplies. Inadequate medical treatment caused some prisoners to die from treatable illnesses, such as HIV/AIDS, malaria, and tuberculosis. This situation was exacerbated with the arrival of COVID-19. In July the government released 7,813 prisoners, including some older than 60 or with health conditions, and others awaiting trial, in response to COVID-19. Although authorities attempted to isolate persons with communicable diseases, facilities often lacked adequate space, and inmates with these illnesses lived with the general prison population. There were no reliable statistics on the total number of prison deaths during the year.

Prisoners and detainees were reportedly subjected to torture, overcrowding, food and water shortages, inadequate medical treatment, exposure to heat and sun, and infrastructure deficiencies that led to inadequate sanitary conditions that could result in death. Guards and prison employees reportedly extorted inmates or levied fees on them to pay for food, prison maintenance, transport to routine court appointments, and release from prison. Female inmates in some cases faced the threat of rape.

Only prisoners with money or support from their families had sufficient food. Prison employees sometimes stole money provided for prisoners’ food. Poor inmates sometimes relied on handouts from others to survive. Prison employees, police, and other security force personnel sometimes denied inmates food and medical treatment to punish them or extort money.

Some prisons had no facilities to care for pregnant women or nursing mothers. Although the law prohibits the imprisonment of children, minors–some of whom were born in prison–lived in the prisons.

Generally, prison officials made few efforts to provide mental health services or other accommodations to prisoners with mental disabilities (see section 6).

Several unofficial military detention facilities continued to operate, including the Giwa Barracks facility in Maiduguri, Borno State. Although conditions in the Giwa Barracks detention facility reportedly improved, detainees were not always given due process and were subjected to arbitrary and indefinite detention (see section 1.g.). There were no reports of accountability for past deaths in custody, nor for past reports from Amnesty International alleging that an estimated 20,000 persons were arbitrarily detained between 2009 and 2015, with as many as 7,000 dying in custody.

After multiple releases during the year (see Improvements below), it was unclear how many children or adults remained in detention at Giwa Barracks or other unofficial detention facilities. According to press and NGO reports, the military continued to arrest and remand to military detention facilities, including Giwa Barracks, additional persons suspected of association with Boko Haram or ISIS-WA.

The government continued to arrest and detain women and children removed from or allegedly associated with Boko Haram and ISIS-WA. They included women and girls who had been forcibly married to or sexually enslaved by the insurgents. The government reportedly detained them for screening and their perceived intelligence value. Some children held were reportedly as young as age five.

The law provides that the chief judge of each state, or any magistrate designated by the chief judge, shall conduct monthly inspections of police stations and other places of detention within the magistrate’s jurisdiction, other than prisons, and may inspect records of arrests, direct the arraignment of suspects, and grant bail if previously refused but appropriate.

While prison authorities allowed visitors within a scheduled timeframe, in general few visits occurred, largely due to lack of family resources and travel distances. Prison employees sometimes requested bribes to allow access for visitors.

Independent Monitoring: There was limited monitoring of prisons by independent nongovernmental observers. The International Committee of the Red Cross had access to police detention, the Nigerian Correctional Service (NCS), and some military detention facilities.

Improvements: International organizations reported that the military released more than 400 persons, including at least 309 children, from military custody in Maiduguri in March. Operation Safe Corridor, a deradicalization program, graduated more than 600 former low-level Boko Haram affiliate members and former detainees.

d. Arbitrary Arrest or Detention

Although the constitution and law prohibit arbitrary arrest and detention, police and security services at times employed these practices. The law also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but detainees found such protections ineffective, largely due to lengthy court delays. According to numerous reports, the military arbitrarily arrested and detained–often in unmonitored military detention facilities–thousands of persons in the context of the fight against Boko Haram in the Northeast (see section 1.g.). In their prosecution of corruption cases, law enforcement and intelligence agencies did not always follow due process, arresting suspects without appropriate arrest and search warrants.

Arrest Procedures and Treatment of Detainees

Police and other security services have the authority to arrest individuals without first obtaining warrants if they have reasonable suspicion a person committed an offense, a power they sometimes abused. The law requires that, even during a state of emergency, detainees must appear before a magistrate within 48 hours and have access to lawyers and family members. In some instances government and security employees did not adhere to this regulation. Police held for interrogation individuals found in the vicinity of a crime for periods ranging from a few hours to several months, and after their release, authorities sometimes asked the individuals to return for further questioning. The law requires an arresting officer to inform the accused of charges at the time of arrest, transport the accused to a police station for processing within a reasonable time, and allow the suspect to obtain counsel and post bail. Families were afraid to approach military barracks used as detention facilities. In some cases police detained suspects without informing them of the charges against them or allowing access to counsel and family members; such detentions often included solicitation of bribes. Provision of bail often remained arbitrary or subject to extrajudicial influence. Judges sometimes set stringent bail conditions. In many areas with no functioning bail system, suspects remained incarcerated indefinitely in investigative detention. At times authorities kept detainees incommunicado for long periods. Numerous detainees stated police demanded bribes to take them to court hearings or to release them. If family members wanted to attend a trial, police sometimes demanded additional payment.

The government continued to turn to the armed forces to address internal security concerns, due to insufficient capacity and staffing of domestic law enforcement agencies. The constitution authorizes the use of the military to “[s]uppress insurrection and act in aid of civil authorities to restore order.” Armed forces were part of continuing joint security operations throughout the country.

In some northern states, Hisbah religious police groups patrolled areas to look for violations of sharia.

Arbitrary Arrest: Security personnel reportedly arbitrarily arrested numerous persons during the year, although the number remained unknown.

Security services detained journalists and demonstrators during the year (see sections 2.a. and 2.b.).

Pretrial Detention: Lengthy pretrial detention remained a serious problem. According to NCS figures released in October, 74 percent of the prison population consisted of detainees awaiting trial, often for years. The shortage of trial judges, trial backlogs, endemic corruption, bureaucratic inertia, and undue political influence seriously hampered the judicial system. Court backlogs grew due to COVID-related shutdowns and delays. In many cases multiple adjournments resulted in years-long delays. Some detainees had their cases adjourned because the NPF and the NCS did not have vehicles to transport them to court. Some persons remained in detention because authorities lost their case files. Prison employees did not have effective prison case file management processes, including databases or cataloguing systems. In general the courts were plagued with inadequate, antiquated systems and procedures.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees may challenge the lawfulness of their detention before a court and have the right to submit complaints to the NHRC. Nevertheless, most detainees found this approach ineffective because, even with legal representation, they often waited years to gain access to court.

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, the judicial branch remained susceptible to pressure from the executive and legislative branches. Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, inefficiency, and corruption prevented the judiciary from functioning adequately. There are no continuing education requirements for attorneys, and police officers were often assigned to serve as prosecutors. Judges frequently failed to appear for trials. In addition the salaries of court officials were low, and officials often lacked proper equipment and training.

There was a widespread public perception that judges were easily bribed, and litigants could not rely on the courts to render impartial judgments. Many citizens encountered long delays and reported receiving requests from judicial officials for bribes to expedite cases or obtain favorable rulings.

Although the Ministry of Justice implemented strict requirements for education and length of service for judges at the federal and state levels, no requirements or monitoring bodies existed for judges at the local level. This contributed to corruption and the miscarriage of justice in local courts.

The constitution provides that, in addition to common law courts, states may establish courts based on sharia or customary (traditional) law. Sharia courts functioned in 12 northern states and the FCT. Customary courts functioned in most of the 36 states. The nature of a case and the consent of the parties usually determined what type of court had jurisdiction. In the case of sharia courts in the north, the impetus to establish them stemmed at least in part from perceptions of inefficiency, cost, and corruption in the common law system. The transition to sharia penal and criminal procedure codes, however, was largely perceived as hastily implemented, insufficiently codified, and constitutionally debatable in most of the states.

The nature of a case and the consent of the parties usually determine what type of court has jurisdiction. The constitution specifically recognizes sharia courts for “civil proceedings”; they do not have the authority to compel participation, whether by non-Muslims or Muslims. At least one state, Zamfara State, requires civil cases in which all litigants are Muslim be heard in sharia courts, with the option to appeal any decision to the common law court. Non-Muslims have the option to have their cases tried in the sharia courts if they wish.

In addition to civil matters, sharia courts also hear criminal cases if both complainant and defendant are Muslim and agree to the venue. Sharia courts may pass sentences based on the sharia penal code, including for hudud offenses (serious criminal offenses with punishments prescribed in the Quran) that provide for punishments such as caning, amputation, and death by stoning. Despite constitutional language supporting only secular criminal courts and the prohibition against involuntary participation in sharia criminal courts, a Zamfara State law requires that a sharia court hear all criminal cases involving Muslims.

Defendants have the right to challenge the constitutionality of sharia criminal statutes through the common law appellate courts. As of September no challenges with adequate legal standing had reached the common law appellate system. The highest appellate court for sharia-based decisions is the Supreme Court, staffed by common-law judges who are not required to have any formal training in the sharia penal code. Sharia experts often advise them. Sharia courts are thus more susceptible to human error, as many court personnel lack basic formal education or the appropriate training to administer accurately and effectively penal and legal procedures. Despite these shortfalls, many in the north prefer sharia courts to their secular counterparts, especially concerning civil matters, since they are faster, less expensive, and conducted in the Hausa language.

Trial Procedures

Pursuant to constitutional or statutory provisions, defendants are presumed innocent and enjoy the rights to: be informed promptly and in detail of charges (with free interpretation as necessary from the moment charged through all appeals); receive a fair and public trial without undue delay; be present at their trial; communicate with an attorney of choice (or have one provided at public expense); have adequate time and facilities to prepare a defense; confront witnesses against them and present witnesses and evidence; not be compelled to testify or confess guilt; and appeal.

Authorities did not always respect these rights, most frequently due to a lack of capacity. Insufficient numbers of judges and courtrooms, together with growing caseloads, often resulted in pretrial, trial, and appellate delays that could extend a trial for as many as 10 years. Although accused persons are entitled to counsel of their choice, there were reportedly some cases where defense counsel was absent from required court appearances so regularly that a court might proceed with a routine hearing in the absence of counsel, except for certain offenses for which conviction carries the death penalty. Authorities held defendants in prison awaiting trial for periods well beyond the terms allowed by law (see section 1.c.).

Human rights groups stated the government did not permit all terror suspects detained by the military their rights to legal representation, due process, and to be heard by a judicial authority. Rights groups, including Human Rights Watch, expressed concerns regarding inadequate access to defense counsel, a lack of interpreters, and inadequate evidence leading to an overreliance on confessions. It was unclear whether confessions were completely voluntary. Those whose cases were dismissed reportedly remained in detention without clear legal justification. Human rights groups also alleged that in some cases dissidents and journalists were jailed without access to legal representation or had other rights denied, such as the right to a fair and public trial.

Women and non-Muslims may testify in civil or criminal proceedings and give testimony that carries the same weight as testimony of other witnesses. Sharia courts, however, usually accorded the testimony of women and non-Muslims less weight than that of Muslim men. Some sharia court judges allowed different evidentiary requirements for male and female defendants to prove adultery or fornication. Pregnancy, for example, was admissible evidence of a woman’s adultery or fornication in some sharia courts. In contrast, sharia courts could convict men only if they confessed or there was eyewitness testimony. Sharia courts provided women increased access to divorce, child custody, and alimony, among other benefits.

Military courts tried only military personnel, but their judgments could be appealed to civilian courts. The operational commanding officer of a member of the armed forces must approve charges against that member. The commanding officer decides whether the accusation merits initiation of court-martial proceedings or lower-level disciplinary action. Such determinations are nominally subject to higher review, although the commanding officer makes the final decision. If the case proceeds, the accused is subject to trial by court-martial. The law provides for internal appeals before military councils as well as final appeal to the civilian Court of Appeals.

Political Prisoners and Detainees

IMN’s leader, Sheikh Ibrahim Zakzaky, and his spouse remained in detention. In 2018 the Kaduna State government charged Zakzaky in state court with multiple felonies stemming from the death of a soldier at Zaria.

Civil Judicial Procedures and Remedies

The constitution and law provide for an independent judiciary in civil matters, but the executive and legislative branches, as well as business interests, at times exerted influence and pressure in civil cases. Official corruption and lack of will to implement court decisions also interfered with due process. The constitution and the annual appropriation acts stipulate the National Assembly and the judiciary be paid directly from the federation account as statutory transfers before other budgetary expenditures are made, in order to maintain autonomy and separation of powers. Federal and state governments, however, often undermined the judiciary by withholding funding and manipulating appointments. The law provides for access to the courts for redress of grievances, and courts may award damages and issue injunctions to stop or prevent a human rights abuse, but the decisions of civil courts were difficult to enforce.

Property Restitution

State and local governments forcibly evicted some residents and demolished their homes, often without sufficient notice or alternative compensation, and sometimes in violation of court orders.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary interference, but authorities reportedly infringed on this right during the year, and police entered homes without judicial or other appropriate authorization. In their pursuit of corruption cases, law enforcement agencies allegedly carried out searches and arrests without warrants.

g. Abuses in Internal Conflict

The insurgency in the Northeast by the militant terrorist groups Boko Haram and the ISIS-WA continued. The groups conducted numerous attacks on government and civilian targets, resulting in thousands of deaths and injuries, widespread destruction of property, the internal displacement of more than two million persons, and external displacement of approximately 300,000 Nigerian refugees as of September 30.

Killings: Units of the NA’s Seventh Division, the NPF, and the DSS carried out operations against the terrorist groups Boko Haram and ISIS-WA in the Northeast. There were reports of military forces committing extrajudicial killings of suspected members of the groups.

Boko Haram and ISIS-WA attacked population centers, security personnel, and international organization and NGO personnel and facilities in Borno State. Boko Haram also conducted attacks in Adamawa, while ISIS-WA attacked targets in Yobe. These groups targeted anyone perceived as disagreeing with the groups’ political or religious beliefs or interfering with their access to resources. While Boko Haram no longer controlled as much territory as it did in 2016, the two insurgencies nevertheless maintained the ability to stage forces in rural areas and launch attacks against civilian and military targets across the Northeast. Both groups carried out attacks through roadside improvised explosive devices (IEDs). ISIS-WA maintained the ability to carry out effective complex attacks on military positions, including those in population centers.

On November 28, suspected Boko Haram terrorists killed at least 76 members of a rice farming community in Zabarmari, Borno State. Some of those killed were beheaded.

Boko Haram continued to employ indiscriminate person-borne improvised explosive device (PIED) attacks targeting the local civilian populations. Women and children were forced to carry out many of the attacks. According to a 2017 study by UNICEF, children, forced by Boko Haram, carried out nearly one in five PIED attacks. More than two-thirds of these children were girls. Boko Haram continued to kill scores of civilians suspected of cooperating with the government.

ISIS-WA increased attacks and kidnappings of civilians and continued to employ acts of violence and intimidation against civilians in order to expand its area of influence and gain control over critical economic resources. As part of a violent campaign, ISIS-WA also targeted government figures, traditional leaders, international organization and NGO workers, and contractors. In multiple instances ISIS-WA issued “night letters” or otherwise warned civilians to leave specific areas and subsequently targeted civilians who failed to depart. During its attacks on population centers, ISIS-WA also distributed propaganda materials.

On June 13, suspected ISIS-WA militants attacked the village of Felo, Borno State, killing dozens of civilians.

Abductions: In previous years Human Rights Watch documented cases where security forces forcibly disappeared persons detained for questioning in conflict areas, but there were no reports of such cases during the year.

Boko Haram conducted mass abductions of men, women, and children, often in conjunction with attacks on communities. The group forced men, women, and children to participate in military operations on its behalf. Those abducted by Boko Haram were subjected to physical and psychological abuse, forced labor, and forced religious conversions. Women and girls were subjected to forced marriage and sexual abuse, including rape and sexual slavery. Most female PIED bombers were coerced in some form and were often drugged. Boko Haram also used women and girls to lure security forces into ambushes, force payment of ransoms, and leverage prisoner exchanges.

While some NGO reports estimated the number of Boko Haram abductees at more than 2,000, the total count of the missing was unknown since abductions continued, towns repeatedly changed hands, and many families were still on the run or dispersed in camps for internally displaced persons (IDPs). Many abductees managed to escape Boko Haram captivity, but precise numbers remained unknown.

Approximately half of the students abducted by Boko Haram from the Chibok Government Girls Secondary School in 2014 remained in captivity. Leah Sharibu remained the only student from the 2018 kidnapping in Dapchi in ISIS-WA captivity, reportedly because she refused to convert to Islam from Christianity.

Physical Abuse, Punishment, and Torture: There were reports that security services used excessive force in the pursuit of Boko Haram and ISIS-WA suspects, at times resulting in arbitrary arrest, detention, or torture.

Arbitrary arrests reportedly continued in the Northeast, and authorities held many individuals in poor and life-threatening conditions. There were reports some of the arrested and detained included children believed to be associated with Boko Haram, some of whom may have been forcibly recruited. On May 27, Amnesty International published a report documenting the prolonged detention of terrorism suspects, including children, in deplorable conditions in military facilities in the Northeast. According to Amnesty, the prolonged detention of children in severely overcrowded facilities without adequate sanitation, water, or food, amounted to torture or inhuman treatment. Amnesty documented cases in which children detained in the facilities died as a result of the poor conditions. Conditions in Giwa Barracks reportedly improved somewhat during the year, because the military periodically released groups of women and children, and less frequently men, from the facility to state-run rehabilitation centers. Government employees were not consistently held accountable for abuses in military detention facilities.

Reports indicated that soldiers, police, the Civilian Joint Task Force (CJTF), SARS, and others committed sexual exploitation and abuse of women and girls. Such exploitation and abuse were a concern in state-run IDP camps, informal camps, and local communities in and around Maiduguri, the Borno State capital, and across the Northeast. Women and girls continued to be exploited in sex trafficking, reportedly by other IDPs, aid workers, and low-level government employees. Some charges were brought against government officials, security force members, and other perpetrators. For example, an Air Force officer was convicted, dismissed, and sentenced in 2019 by a court-martial for sexual exploitation of a 14-year-old girl in one of the IDP camps. In August he was turned over to civilian authorities for further criminal prosecution. In September a military court-martial convicted, dismissed from service, and sentenced to five years’ imprisonment a soldier after he raped a teenage girl in Borno State.

Boko Haram engaged in widespread sexual and gender-based violence against women and girls. Those who escaped, or whom security services or vigilante groups rescued, faced ostracism by their communities and had difficulty obtaining appropriate medical and psychosocial treatment and care. In 2019 Boko Haram kidnapped a group of women and cut off their ears in retaliation for perceived cooperation with Nigerian and Cameroonian military and security services.

Child Soldiers: There were no reports that the military used child soldiers during the year. In 2019 an international organization verified the Nigerian military recruited and used at least two children younger than age 15 in support roles. Between April and June 2019, the military used six boys between 14 and 17 years old in Mafa, Borno State, in support roles fetching water, firewood, and cleaning. In October 2019 the same international organization verified the government used five boys between 13 and 17 years old to fetch water at a checkpoint in Dikwa, Borno State.

Reports indicated that the military coordinated closely on the ground with the CJTF. The CJTF and United Nations continued work to implement an action plan to end and prevent the recruitment and use of children, which was signed by both parties and witnessed by the Borno State government in 2017. According to credible international organizations, following the signing of the action plan there had been no verified cases of recruitment and use of child soldiers by the CJTF. Some demobilized former child soldiers were awaiting formal reintegration into communities.

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

a. Freedom of Expression, Including for the Press

Although the constitution and law provide for freedom of speech and press, the government restricted these rights at times.

Freedom of Speech: The constitution entitles every individual to “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Although federal and state governments usually respected this right, there were reported cases in which the government abridged the right to speech and other expression. Authorities in the north at times restricted free speech by labeling it blasphemy.

Freedom of Press and Media, Including Online Media: A large and vibrant private domestic press frequently criticized the government, but critics reported being subjected to threats, intimidation, arrest, detention, and sometimes violence.

At times civilian leaders instructed security forces to harass journalists covering sensitive topics such as human right abuses, electoral malpractices, high-level public corruption, and the government’s war against terrorism.

Violence and Harassment: Security services detained and harassed journalists, sometimes for reporting on sensitive problems such as political corruption and security. Security services including the DSS and police occasionally arrested and detained journalists who criticized the government. Moreover, army personnel in some cases threatened civilians who provided, or were perceived to have provided, information to journalists or NGOs on misconduct by the military. On at least six occasions, journalists were charged with treason, economic sabotage, or fraud when uncovering corruption or public protests.

Numerous journalists were killed, detained, abducted, or arrested during the year.

On January 21, Alex Ogbu, a reporter for the RegentAfrica Times magazine and website, was shot and killed in a cross fire while covering an IMN protest in Abuja.

On October 24, police arrested Onifade Pelumi, an intern reporter for Gboah TV, as he conducted interviews in a crowd gathered outside a food warehouse in Agege near Lagos. His family was unable to locate him until his body was found in a Lagos morgue two weeks later.

On November 28, soldiers assaulted and detained Voice of America Hausa-service reporter Grace Abdu in Port Harcourt, Rivers State. Abdu was interviewing residents of the Oyigbo community about allegations the army had committed extrajudicial killings of members of the proscribed separatist group the Indigenous People of Biafra (IPOB), as well as killed or indiscriminately arrested civilians during a crackdown against IPOB. She was released later that afternoon.

Censorship or Content Restrictions: The government controlled much of the electronic media through the National Broadcasting Commission (NBC), which is responsible for monitoring and regulating broadcast media. The law prohibits local television stations from transmitting programming from other countries except for special religious programs, sports programs, or events of national interest. Cable and satellite transmission was less restricted. For example, the NBC permitted live transmission of foreign news and programs on cable and satellite networks, but they were required to dedicate 20 percent of their programming time to local content.

The government used regulatory oversight to restrict press freedom, notably clamping down on television and radio stations. Citing violations of amendments to the sixth edition of the Nigeria Broadcasting Code, in August the NBC fined local radio station Nigeria Info 99.3 FM for comments by the former deputy governor of the Central Bank of Nigeria, Obadiah Mailafia, on insecurity in the country. Mailaifia alleged that a northern governor was a sponsor of Boko Haram.

The NBC also sanctioned private television stations Africa Independent Television, Channels TV, and Arise News during October’s #EndSARS protests, alleging their reportage of the nationwide protests relied on unverifiable video footage from social media handles.

Some journalists reported they practiced self-censorship. Journalists and local NGOs claimed security services intimidated journalists, including editors and owners, into censoring reports perceived to be critical of the government. In February, Samuel Ogundipe, a reporter for the newspaper Premium Times, went into hiding after receiving numerous threatening telephone calls, having his email hacked, and being told to stop his reporting that relations between the country’s national security adviser, the army chief of staff, and the chief of staff for the presidency were strained. The newspaper’s editor, Musililu Mojeed, also reported receiving threats and the online edition of Premium Times suffered cyberattacks.

Libel/Slander Laws: Libel and slander are civil offenses and require defendants to prove truthfulness or value judgment in news reports or editorials or pay penalties. The requirement limited the circumstances in which media defendants could rely on the common law legal defense of “fair comment on matters of public interest,” and it restricted the right to freedom of expression. Allegations of libel were also used as a form of harassment by government employees in retaliation for negative reporting. Defamation is a criminal offense carrying a penalty for conviction of up to two years’ imprisonment and possible fines. On October 13, police arrested Oga Tom Uhia, editor of Power Steering, a magazine covering the electrical power sector, at his home in Gwarimpa near Abuja. Uhia was charged with defamation, based on a complaint by Minister of State for Power Goddy Jeddy Agba. As of November, Uhia remained in detention.

On April 28, police arrested Mubarak Bala, president of the Humanist Association of Nigeria, for allegedly posting blasphemous statements regarding the Prophet Muhammad on Facebook. On December 21, the Federal High Court in Abuja ordered the inspector general of police, Mohammed Adamu, and the Nigerian Police Force to release Bala, ruling that his detention without charge for almost eight months violated his rights to freedom of expression and movement, among others. At year’s end the inspector general and police had not complied with the court’s decision, and Bala remained in detention.

Sharia courts sentenced persons for blasphemy. In August singer Yahaya Sharif-Aminu was convicted of blasphemy and sentenced to death by a Kano State sharia court. A 13-year-old boy was convicted of blasphemy and sentenced to 10 years’ imprisonment. Lawyers for both defendants were appealing the convictions at year’s end.

Internet Freedom

There were few government restrictions on access to the internet, but challenges with infrastructure and affordability persisted. The NGO Freedom House reported that internet providers sometimes blocked websites at the request of the Nigerian Communications Commission, particularly websites advocating independence for Biafra. The internet and communications technology enterprise Paradigm Initiative reported that mobile internet providers blocked websites related to the #EndSARS protests.

Civil society organizations and journalists expressed concern regarding the broad powers provided by the law on cybercrime. Some local and state governments used the law to arrest journalists, bloggers, and critics for alleged hate speech. On August 17, authorities in Akwa Ibom State arrested journalist Ime Sunday Silas following his publication of a report, Exposed: Okobo PDP Chapter Chair Links Governor Udom’s Wife with Plot to Blackmail Deputy Speaker. Authorities charged Silas with “cyberstalking.” Silas’s case was pending before the court at year’s end. The law on cybercrimes had yet to be fully tested in the courts. Legislative interest and calls for regulating social media increased due to concerns it plays a role in accelerating rural and electoral violence.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for rights to freedom of peaceful assembly and association, but the government limited these rights.

Freedom of Peaceful Assembly

The constitution and law provide for freedom of assembly. The government occasionally banned and targeted gatherings when it concluded their political, ethnic, or religious nature might lead to unrest. The government put limitations on public gatherings, including temporary bans on congregational worship services in some states, in response to COVID-19. As of September public gatherings were limited to no more than 50 persons in enclosed spaces. State-level mandates varied on the reopening of religious services. Open-air religious services held away from places of worship remained prohibited in many states due to fear they might heighten interreligious tensions.

Members of a Shia political organization, the IMN, carried out a series of protests across the country in response to the continued detention of their leader, Sheikh Ibrahim El-Zakzaky. Police and military officials set up roadblocks and used other means to contain protesters in and around the capital city of Abuja. On January 23, Shia Rights Watch reported that government forces used tear gas and firearms against IMN protesters, killing one protester and severely injuring another. An IMN spokesperson alleged that police killed three IMN members during the group’s annual Ashura mourning procession in Kaduna on August 24 and that two persons died in clashes with police on August 30. On October 19, IMN members protested El-Zakzaky’s continued detention on the first anniversary of the violent clash with police in Zaria.

In August, #RevolutionNow protesters organized a set of demonstrations in several cities across the country to mark the one-year anniversary of their inaugural protests calling for more responsive and accountable governance. Although the protests were allowed to proceed unimpeded in most places, civil society observers reported the arrest of some peaceful protesters in Lagos, Osun, and Kano States on charges of “conduct likely to cause breach of public peace.” All those arrested were released within days of their arrest.

In October, #EndSARS protests were staged in states across the country to demand an end to police brutality. Demonstrations were largely peaceful, but some protests turned violent after criminal elements infiltrated the protests and security forces fired at protesters at the Lekki Toll Gate on October 20 (see section 1.a.). According to #EndSARS Legal Aid, by year’s end a network of volunteer lawyers had secured the release of 337 protesters, but it was unable to confirm how many remained in detention.

In areas that experienced societal violence, police and other security services permitted public meetings and demonstrations on a case-by-case basis. Security services sometimes used excessive force to disperse demonstrators (see section 1.a.).

Freedom of Association

The constitution and law provide for the right to associate freely with other persons in political parties, trade unions, or other special interest organizations. While the government generally respected this right, on occasion authorities abrogated it for some groups. The government of Kaduna State continued its proscription of the IMN, alleging the group constituted a danger to public order and peace. In July 2019 the government extended that proscription nationwide and designated the IMN as a terrorist organization.

The law criminalizes the registration, operation, or participation in so-called gay clubs, societies, or organizations, and further prohibits any support to such organizations (see section 6). Rights groups reported the law had a significant chilling effect on free association.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but security officials restricted freedom of movement at times by imposing curfews in areas experiencing terrorist attacks and ethnic violence.

In-country Movement: The federal, state, or local governments imposed curfews or otherwise restricted movement in Adamawa, Borno, and Yobe States in connection with operations against Boko Haram and ISIS-WA. Other states imposed curfews in reaction to specific threats and attacks, and rural violence.

Police conducted “stop and search” operations in cities and on major highways and, on occasion, set up checkpoints. In response to COVID-19, the federal and state governments each instituted restrictions on movement between and within states, as well as curfews that varied throughout the year.

e. Status and Treatment of Internally Displaced Persons

Access to farmland remained a problem for IDPs in the Northeast, particularly for those living with host communities. Many IDPs with access to farmland were told by the military to refrain from planting taller crops for security reasons. Distribution of fertilizers to areas with some farming opportunities was restricted due to the military’s suspicion that fertilizers such as urea could be used for military purposes.

IDPs, especially those in the Northeast, faced severe protection problems, including sexual abuse of women and girls, some of which constituted sex trafficking (see section 1.g.). Security services continued to arrest and detain suspected Boko Haram and ISIS-WA members at IDP camps and in host communities, sometimes arbitrarily and with insufficient evidence, and restricted family access to detainees. Other protection concerns included terrorist attacks or bombings, lack of accountability and diversion of humanitarian aid, drug abuse, hostility and insecurity, harassment of women and girls, and lack of humanitarian assistance for host communities.

NGOs reported having insufficient resources available to assist IDP victims of sexual and gender-based violence, who had limited access to safe, confidential psychosocial counseling and medical services or safe spaces. Women and girls abducted by Boko Haram and ISIS-WA, as well as the babies born as a result of rape during their captivity, faced stigmatization and community isolation.

f. Protection of Refugees

The government cooperated with UNHCR and humanitarian organizations in assisting refugees and asylum seekers through the National Commission for Refugees, Migrants, and IDPs. The government participated in a regional protection dialogue to continue to work through a tripartite agreement with UNHCR and Cameroon signed in 2017 to ensure that any Nigerian refugees in Cameroon returning to Nigeria were fully informed and gave their consent. Nevertheless, the agreement was not fully enforced, and the return of Nigerian refugees to Nigeria was sometimes forced, uninformed, or dangerous according to some humanitarian organizations.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Asylum seekers originated mainly from Cameroon, the Democratic Republic of the Congo, Central African Republic, Mali, Cote d’Ivoire, and Sudan, with a majority living in urban areas in Cross River State, Lagos, and Ijebu Ode in Ogun State. According to UNHCR, approximately 60,000 Cameroonians fleeing the Anglophone Crisis sought refuge in Cross River, Benue, and Akwa Ibom States.

Access to Basic Services: Legal documentation such as birth certificates, national identity cards, certificate of indigenes and voter registration are the key civil documentation to prove state of origin and nationality. They are also necessary to access services such as education. UNHCR reported in August that ineffective and inexistent civil registration and identification management systems in areas hosting IDPs and returnees remained a concern.

Durable Solutions: The country received a high number of returnees, both voluntary and forced, primarily in the Northeast. Accurate information on the number of returnees was not available. The government was generally unable to take action to reintegrate returning refugees. Many returnees did not find durable solutions and were forced into secondary displacement.

Temporary Protection: The government provided temporary protection to a few hundred individuals who may not qualify as refugees.

g. Stateless Persons

The government does not require birth registration, and the majority of births were unregistered. The 2018 Nigeria Demographic and Health Survey, the most recent data available, found that only 42 percent of births of children younger than age five were registered. Most persons did not become stateless because of their lack of birth registration; however, there were some reported cases where the government denied individuals citizenship because they did not have a birth registration and did not have another way to prove their citizenship.

The law provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot.

Elections and Political Participation

Recent Elections: The Independent National Electoral Commission (INEC) is the independent electoral body responsible for overseeing elections by regulating the process and preventing electoral misconduct. In 2019 INEC conducted the presidential election, National Assembly elections, state houses of assembly elections, and local elections in all 36 states plus the FCT, as well as gubernatorial elections in 30 states. During the year INEC conducted gubernatorial elections in Edo and Ondo States. There was evidence in some of these elections that military and security services intimidated voters, electoral officials, and election observers. There were reports in some of these elections of corrupt practices, including high incidences of vote buying.

Political Parties and Political Participation: The constitution and law allow the free formation of political parties. As of September there were 18 parties registered with INEC. INEC deregistered 74 political parties in February on the basis that the parties did not satisfy the requirements of the law. The constitution requires political party sponsorship for all election candidates.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process. Observers attributed fewer leadership opportunities for women in major parties and government, particularly in the north, to religious and cultural barriers. The number of female candidates was disproportionally low. Although INEC introduced assistive materials, including braille ballot guides and sign language interpreters’ manuals, the accessibility of polls for persons with disabilities remained poor. Less than 4 percent of those elected in the 2019 general elections were women. Only 12 percent of the 6,300 candidates for the National Assembly’s House of Representatives and Senate were women, and women won only 17 of the 469 Assembly seats. The situation was similar in the 36 state houses of assembly and 774 local government councils. Women’s participation dropped from a high of 8 percent of National Assembly members elected in 2007 to 4 percent in 2019.

Although the law provides criminal penalties for conviction of official corruption, the government did not consistently implement the law, and government employees frequently engaged in corrupt practices with impunity. Massive, widespread, and pervasive corruption affected all levels of government, including the judiciary and security services. The constitution provides immunity from civil and criminal prosecution for the president, vice president, governors, and deputy governors while in office. There were numerous allegations of government corruption during the year.

Corruption: The Independent Corrupt Practices Commission (ICPC) holds broad authorities to prosecute most forms of corruption. The Economic and Financial Crimes Commission’s (EFCC) writ extends only to financial and economic crimes. During the year there was a high-profile investigation involving the acting chairman of the EFCC, Ibrahim Magu. In July authorities arrested Magu and charged him with embezzlement. Magu was suspended as acting EFCC chairman. The ICPC led a raid in August 2019 that resulted in the arrest of 37 federal road safety officers and five civilian employees on charges of extortion. As of December 2019, the EFCC had secured 890 convictions, a record during the year. Through court-martial, the military convicted and fired a major general in connection with the 2019 reported theft of 400 million naira (more than one million dollars) in cash.

The bulk of ICPC and EFCC anticorruption efforts remained focused on low- and mid-level government officials. In 2019 both organizations started investigations into, and brought indictments against, various active and former high-level government officials. Many of the corruption cases, particularly the high-profile ones, remained pending before the court due to administrative or procedural delays.

In June the Nigeria National Petroleum Corporation released audited 2018 financial statements, the first such release since its establishment in 1977. The corporation also published audited accounts of its 20 subsidiaries and business divisions. In December the federal government launched the Financial Transparency Policy and Portal, commonly referred to as Open Treasury Portal, with the aim of increasing transparency and governmental accountability of funds transferred by making the daily treasury statement public. The Open Treasury Portal required all ministries, departments, and agencies to publish daily reports of payments greater than five million naira ($13,300). The Nigeria Extractive Industries Transparency Initiative and other anticorruption watchdog groups hailed the government for providing better access to government spending data.

Financial Disclosure: The Code of Conduct Bureau and Tribunal Act requires public officials–including the president, vice president, governors, deputy governors, cabinet ministers, and legislators (at both federal and state levels)–to declare their assets to the Code of Conduct Bureau before assuming and after leaving office. The constitution calls for the bureau to “make declarations available for inspection by any citizen of the country on such terms and conditions as the National Assembly may prescribe.” The law does not address the publication of asset information. Violators risk prosecution, but cases rarely reached conclusion.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials sometimes cooperated and responded but generally dismissed allegations quickly without investigation. In some cases the military threatened NGOs and humanitarian organizations.

Government Human Rights Bodies: The law establishes the NHRC as an independent nonjudicial mechanism for the promotion and protection of human rights. The NHRC monitors human rights through its zonal affiliates in the country’s six political regions. The NHRC is mandated to investigate allegations of human rights abuses and publishes periodic reports detailing its findings, including torture and poor prison conditions; however, the commission served more in an advisory, training, and advocacy role. During the year there were no reports of its investigations having led to accountability. The law provides for recognition and enforcement of NHRC awards and recommendations as court decisions, but it was unclear whether this happened.

Women

Rape and Domestic Violence: Federal law addresses sexual violence, physical violence, psychological violence, harmful traditional practices, and socioeconomic violence. The law cites spousal battery, forceful ejection from the home, forced financial dependence or economic abuse, harmful widowhood practices, female genital mutilation/cutting (FGM/C), other harmful traditional practices, substance attacks (such as acid attacks), political violence, and violence by state actors (especially government security forces) as offenses. Victims and survivors of violence are entitled by law to comprehensive medical, psychological, social, and legal assistance by accredited service providers and government agencies, with their identities protected during court cases, although during the year these services were often limited due to resource constraints. As of September only 13 of the country’s 36 states (Kaduna, Anambra, Oyo, Benue, Ebonyi, Edo, Ekiti, Enugu, Osun, Cross River, Lagos, Plateau, and Bauchi) and the FCT had adopted the act, meaning that most Nigerians were not yet protected by the law.

The law criminalizes rape, but it remained widespread. According to the 2018 Nigeria Demographic and Health Survey, approximately 31 percent of women between ages 15 and 49 had experienced some form of physical violence and 9 percent had experienced sexual violence. On May 27, a university student was raped and killed while studying inside a church in Benin City, Edo State. With support from Edo State, the inspector general of police sent a special homicide team to investigate, which resulted in the arrest of six suspects in August. Four were charged and remained in jail awaiting trial until October, when they escaped during a mass jailbreak during the #EndSARS protests. At year’s end they remained fugitives, while two more suspects had yet to be charged because authorities could not locate them.

Sentences for persons convicted of rape and sexual assault were inconsistent and often minor. Federal law provides penalties for conviction ranging from 12 years’ to life imprisonment for offenders older than 14 and a maximum of 14 years’ imprisonment for all others. It also provides for a public register of convicted sexual offenders and appointment of protection officers at the local government level to coordinate with courts and provide for victims to receive various forms of assistance (e.g., medical, psychosocial, legal, rehabilitative, and for reintegration) provided by the law. The law also includes provisions to protect the identity of rape victims and a provision empowering courts to award appropriate compensation to victims of rape. Because the relevant federal law had only been adopted in one-third of states, state criminal codes continued to govern most rape and sexual assault cases and typically allowed for lesser sentences. While some, mostly southern, states enacted laws prohibiting some forms of gender-based violence or sought to safeguard certain rights, a majority of states did not have such legislation. Victims generally had little or no recourse to justice. In September, Kaduna State enacted laws increasing the maximum penalty for rape to include sterilization and the death penalty.

The law provides for up to three years’ imprisonment, a monetary fine, or both for conviction of spousal battery. It also authorizes courts to issue protection orders upon application by a victim and directs the appointment of a coordinator for the prevention of domestic violence to submit an annual report to the federal government.

Domestic violence remained widespread, and many considered it socially acceptable. A 2019 survey on domestic violence found that 47 percent of respondents had suffered from domestic violence or knew someone who had; 82 percent of respondents indicated that violence against women was prevalent in the country.

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

Female Genital Mutilation/Cutting (FGM/C): Federal law criminalizes female circumcision or genital mutilation, but there were few reports that the government took legal action to curb the practice. The law penalizes a person convicted of performing female circumcision or genital mutilation with a maximum of four years in prison, a monetary fine, or both. It punishes anyone convicted of aiding or abetting such a person with a maximum of two years’ imprisonment, a monetary fine, or both. The federal government launched a revised national policy on the elimination of FGM for 2020-24.

The 2018 Nigeria Demographic and Health Survey found that 20 percent of women ages 15 to 49 had undergone FGM/C. While 13 of 36 states banned FGM/C, once a state legislature had criminalized FGM/C, NGOs found they had to convince local authorities that state laws applied in their districts.

Other Harmful Traditional Practices: According to the law, any person convicted of subjecting another person to harmful traditional practices may be punished with up to four years’ imprisonment, a monetary fine, or both. Anyone convicted of subjecting a widow to harmful traditional practices is subject to two years’ imprisonment, a monetary fine, or both. For purposes of the law, a harmful traditional practice means all traditional behavior, attitudes, or practices that negatively affect the fundamental rights of women or girls, to include denial of inheritance or succession rights, FGM/C, forced marriage, and forced isolation from family and friends.

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

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

The practice of demanding sexual favors in exchange for employment or university grades remained common. Women suffered harassment for social and religious reasons in some regions.

Reproductive Health: Although couples and individuals have the legal right to decide the number, spacing, and timing of children, traditional practices often hampered a woman’s choice on family size.

Information on reproductive health and access to quality reproductive health services and emergency obstetric care were not widely available. The UN Population Fund (UNFPA) reported as of 2020 that only 46 percent of married or in-union women were free to make their own informed decisions in all three categories of reproductive health care, contraceptive use, and sexual relations. More than 30 percent of women of reproductive age experienced spousal violence during pregnancy.

Modern methods of contraception were used by 12 percent of women, with nearly 19 percent of all surveyed women stating they had an unmet need for family planning, and 24 percent of women stating they wanted no more children. The UN Population Division estimated 17 percent of girls and women ages 15-49 used a modern method of contraception. As of 2010, the UNFPA reported that 29 percent of women ages 20-24 had given birth before the age of 18.

Cultural and religious views across regions affected access to reproductive services, especially contraceptive use. Not all primary health centers provided free family-planning services. The National Health Insurance Scheme did not always cover family-planning services.

Conversations around sex and sexuality issues were taboo in many places, posing a barrier for access for youth who might need services and information from health-care providers.

Pediatricians provided primary care for adolescents through 18 years of age. Adolescent-friendly reproductive health services and interventions were usually not provided within the health system. Low literacy and low economic empowerment among couples hampered effective access to skilled health attendance during pregnancy and delivery, although government insurance policies sometimes provided for free antenatal services. The 2018 Nigeria Demographic and Health Survey (NDHS) reported that 67 percent of women ages 15-49 received antenatal care from a skilled provider during pregnancy, and 39 percent of live births took place in a health-care facility.

Inadequate funding for primary health-care facilities and cost of services, as well as lack of access to primary health-care facilities in rural and hard-to-reach areas with poor transportation and communications infrastructure, limited access to antenatal care and skilled birth delivery. Gender roles also limited access to maternal health services; women who were financially or socially dependent on men might be unable to access health care without seeking consent from their spouses. In some states, health-care workers frequently required women to provide proof of spousal consent prior to accessing contraceptives. In the North, societal and cultural norms inhibited women from leaving the house unaccompanied to access reproductive health services. Some women also preferred to deliver their babies using traditional birth attendants because of the belief they could prevent spiritual attacks and because of the affordability of their services.

According to the 2018 NDHS, one in 10 women ages 15-49 experienced sexual violence. A UNICEF survey from 2014 indicated one in four girls and one in 10 boys experienced sexual violence before age 18. The government received support from donors to provide access to age-appropriate sexual and reproductive health services for survivors of sexual violence in all 36 states and the Federal Capital Territory. Sexual violence survivors who sought and had access to care could receive a minimum package of care, including counseling, HIV testing services, provision of post-exposure prophylaxis (within 72 hours), linkage to pre-exposure prophylaxis for HIV-negative clients, linkage to anti-retroviral services for HIV-positive clients, provision of emergency contraceptives (within 120 hours), testing and treatment for sexually transmitted diseases, and legal support where required, among other services such as referrals for longer term psycho-social support and economic empowerment programs.

The 2018 NDHS reported a maternal mortality rate of 512 deaths per 100,000 live births due to lack of access to antenatal care, skilled birth attendants, emergency obstetric care, and other medical services.

Complications associated with FGM/C included potential spread of HIV due to tearing of scarred vaginal tissue and use of unsterilized instruments; emotional trauma; and sexual health problems such as pain during sex, decreased sexual desire and pleasure, and obstetric problems such as prolonged or obstructed labor, obstetric fistulas, infection, sepsis, and postpartum bleeding.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Although the constitution provides the same legal status and rights for women as for men, and there were no known legal restrictions on women’s working hours or jobs deemed too dangerous for women, there were limitations on women’s employment in certain industries such as construction, energy, and agriculture. Women experienced considerable economic discrimination. The law does not mandate equal remuneration for work of equal value, nor does it mandate nondiscrimination based on gender in hiring.

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

In the 12 northern states that adopted religious law, sharia and social norms affected women to varying degrees. For example, in Zamfara State local governments enforced laws requiring the separation of Muslim men and women in transportation and health care.

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

Children

Birth Registration: Children derive their citizenship from their parents. The government does not require birth registration, and the majority of births were unregistered. The 2018 Nigeria Demographic and Health Survey, the most recent data available, found that only 42 percent of births of children younger than age five were registered. Lack of documents did not result in denial of education, health care, or other public services.

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

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

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

According to the 2015 Nigeria Education Data Survey, attendance rates in primary schools increased to 68 percent nationwide. Of the approximately 30 million primary school-age children, an estimated 10.5 million were not enrolled in formally recognized schools. At least an additional four million were estimated to be out of school at the secondary level. Primary school attendance was low, and learning outcomes nationally were poor on average, especially across the northern states, where compounding disadvantages included higher levels of household poverty, insecurity, and restrictive cultural norms. According to the 2015 education survey, the net attendance ratio at primary level was only 67 percent of children between the ages of six and 11. Children in rural areas were at a greater disadvantage than those in urban areas, with a ratio of 57 percent and 81 percent, respectively. Furthermore, national data on students’ reading and literacy levels revealed all of the northern states fell within the bottom third on reading performance.

The lowest attendance rates were in the north, where rates for boys and girls were approximately 45 percent and 35 percent, respectively. According to UNICEF, in the north, for every 10 girls in school, more than 22 boys attended. Approximately 25 percent of young persons between ages 17 and 25 had fewer than two years of education.

The Northeast had the lowest primary school attendance rate. The most pronounced reason was the Boko Haram and ISIS-WA insurgencies, which prevented thousands of children from continuing their education in Borno and Yobe States (due to destruction of schools, community displacement, and mass movement of families from those crisis states to safer areas). According to the United Nations, between 2014 and 2017, attacks in the Northeast destroyed an estimated 1,500 schools and resulted in the deaths of 1,280 teachers and students.

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

In 2010 the Ministerial Committee on Madrasah Education reported 9.5 million children worked as almajiri, poor children from rural homes sent to urban areas by their parents ostensibly to study and live with Islamic teachers. Since government social welfare programs were scarce, parents of children with behavioral, mental health, or substance abuse problems turned to the almajiris of some mallams who claimed to offer treatment. Instead of receiving an education, many almajiri were forced to work manual jobs or beg for alms that were given to their teacher. The religious leaders often did not provide these children with sufficient shelter or food, and many of the children effectively became homeless. In April governors of 19 northern states agreed to ban almajiri schools, and during the COVID pandemic they repatriated thousands of students across state lines. By year’s end there were reports that almajiri schools had resumed in some states.

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

So-called baby factories operated, often disguised as orphanages, religious or rehabilitation centers, hospitals, or maternity homes. They offered for sale the newborns of pregnant women–mostly unmarried girls–sometimes held against their will and raped. The persons running the factories sold the children for various purposes, including adoption, child labor, child trafficking, or sacrificial rituals, with boys fetching higher prices. Media reports indicated some communities killed infants born as twins or with birth defects or albinism.

Child, Early, and Forced Marriage: The law sets a minimum age of 18 for marriage for both boys and girls. According to UNICEF, 43 percent of women between the ages of 20 and 24 had been married before the age of 18, while 16 percent were married before age 15. The prevalence of child, early, and forced marriage varied widely among regions, with figures ranging from 76 percent in the Northwest to 10 percent in the Southeast. Only 25 state assemblies adopted the Child Rights Act of 2003, which sets the minimum marriage age, and most states, especially northern states, did not uphold the federal official minimum age for marriage. The government engaged religious leaders, emirs, and sultans on the problem, emphasizing the health hazards of early marriage. Certain states worked with NGO programs to establish school subsidies or fee waivers for children to help protect against early marriage. The government did not take significant legal steps to end sales of young girls into marriage.

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

Sexual Exploitation of Children: The law prohibits child commercial sexual exploitation and sexual intercourse with a child, providing penalties for conviction from seven years’ to life imprisonment, respectively, for any adults involved. Two-thirds of states had adopted the relevant federal law. The minimum age for sexual consent varies according to state law. The constitution provides that “full age” means the age of 18, but it creates an exception for any married woman who “shall be deemed of full age.” In some states children as young as 11 can be legally married under customary or religious law. The law criminalizes child sex trafficking and prescribes a minimum penalty of seven years’ imprisonment and a substantial monetary fine.

The law criminalizes incest and provides prison sentences of up to 10 years. The law criminalizes the production, procurement, distribution, and possession of child pornography with prison terms of 10 years, a substantial monetary fine, or both.

Sexual exploitation of children remained a significant problem. Children were exploited in commercial sex, both within the country and in other countries. Girls were victims of sexual exploitation in IDP camps. There were continued reports that camp employees and members of security forces, including some military personnel, used fraudulent or forced marriages to exploit girls in sex trafficking (see section 1.g.). The government expanded efforts to identify victims of exploitation in IDP camps and investigate camp officials alleged to be complicit in the exploitation. For example, the government continued a screening and sensitization campaign to identify sex-trafficking victims in IDP camps in Bama and other areas near Maiduguri. The National Agency for the Prohibition of Traffic in Persons (NAPTIP) also collaborated with the Borno State government, international organizations, and NGOs to establish the Borno State Anti-Trafficking Task Force.

Displaced Children: As of September, UNHCR reported there were approximately 2.5 million persons displaced in the Lake Chad Basin region. According to the International Organization for Migration, children younger than age 18 constituted 56 percent of that IDP population, with 23 percent of them younger than age six. There were displaced children among IDP populations in other parts of the north as well. Many children were homeless.

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.

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits discrimination based on the “circumstances of one’s birth.” In 2019 the government passed a disability rights law for the first time, prohibiting discrimination on the basis of disability. Violators are subject to fines, imprisonment, or both. In August, President Buhari named the first appointees to lead the new National Commission for Persons with Disabilities.

Some national-level policies such as the National Health Policy of 2016 provide for health-care access for persons with disabilities. By year’s end 10 states had adopted the national disability law including Kano, Jigawa, Anambra, Kogi, Ondo, Lagos, Ekiti, Plateau, Kwara, and Bauchi. The Ministry of Women’s Affairs and Social Development has responsibility for persons with disabilities. Some government agencies, such as the NHRC and the Ministry of Labor and Employment, designated an employee to work on matters related to disabilities.

The government operated vocational training centers in Abuja and Lagos to train indigent persons with disabilities. Individual states also provided facilities to help persons with physical disabilities become self-supporting. The Joint National Association of Persons with Disabilities served as the umbrella organization for a range of disability groups.

Persons with disabilities faced social stigma, exploitation, and discrimination, and relatives often regarded them as a source of shame. Many indigent persons with disabilities begged on the streets. Mental health-care services were almost nonexistent. Officials at a small number of prisons used private donations to provide separate mental health facilities for prisoners with mental disabilities. All prisoners with disabilities stayed with the general inmate population and received no specialized services or accommodations.

Members of National/Racial/Ethnic Minority Groups

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

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

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

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

Land disputes, competition over dwindling resources, ethnic differences, and settler-indigene tensions contributed to clashes between herdsmen and farmers throughout the north-central part of the country. Ethnocultural and religious affiliation also contributed to and exacerbated some local conflicts. Nevertheless, many international organizations, including the International Crisis Group, assessed these divisions were incidental to the farmer-herder conflict. “Silent killings,” in which individuals disappeared and later were found dead, occurred throughout the year in north-central Nigeria.

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

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

A 2014 law effectively renders illegal all forms of activity supporting or promoting lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. According to the law, anyone convicted of entering into a same-sex marriage or civil union may be sentenced to up to 14 years’ imprisonment. The law also criminalizes the public show of same-sex “amorous affection.”

A 2016 Human Rights Watch report asserted police and members of the public used the law to legitimize human rights abuses against LGBTI persons, such as torture, sexual violence, arbitrary detention, extortion, and violations of due process rights.

During the year LGBTI persons reported increased harassment, threats, discrimination, and incidents of violence against them based on their real or perceived sexual orientation or gender identity according to the NGO The Initiative for Equal Rights (TIERs). TIERs documented 482 human rights abuses based on real or perceived sexual orientation, gender expression, and sex characteristics between December 2019 and November. Of these cases, more than 20 percent involved state actors. Invasion of privacy, arbitrary arrest, and unlawful detention were the most common abuses perpetrated by law enforcement and other state actors. Blackmail, extortion, assault, and battery were the most common types of abuses perpetrated by nonstate actors.

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

On October 27, the Federal High Court in Lagos struck out the charges against 47 men charged in 2018 with public displays of same-sex amorous affection for their attendance at a hotel party where police stated homosexual conduct took place. The presiding judge struck out the charges due to a “lack of diligent prosecution” after the prosecuting counsel repeatedly failed to present witnesses or evidence for court proceedings among other concerns.

Several NGOs provided LGBTI groups with legal advice and training in advocacy, media responsibility, and HIV/AIDS awareness; they also provided safe havens for LGBTI individuals. This work took place contrary to the law.

HIV and AIDS Social Stigma

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

Other Societal Violence or Discrimination

Amnesty International reported in 2018 that 3,641 citizens and perhaps more were killed in violence involving herders and farmers since January 2016. According to International Crisis Group, what were once spontaneous attacks had increasingly become premeditated, scorched-earth campaigns driven primarily by competition for land between farmers and herders, and an estimated 300,000 persons were displaced by the violence.

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

Ritualists who believed certain body parts confer mystical powers kidnapped and killed persons to harvest body parts for rituals and ceremonies. For example, in June, five persons were killed in Oyo State. Their bodies were found with vital organs missing, and it was suspected that the organs were harvested for ritualistic use.

Members of both Christian and Muslim groups continued to report some state and local government laws discriminated against them, including by limiting their rights to freedom of expression and assembly and in obtaining government employment.

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

a. Freedom of Association and the Right to Collective Bargaining

The law provides all workers, except members of the armed forces, the Central Bank of Nigeria, and public employees who are classified in the broad category of “essential services,” the right to form or belong to a trade union or other association, conduct legal strikes, and bargain collectively; some statutory limitations substantially restrict these rights. Trade unions must meet various registration requirements to be legally established. By law a trade union may be registered only if there is no other union already registered in that trade or profession and if it has a minimum of 50 members, a threshold most businesses could not meet. A three-month notice period, starting from the date of publication of an application for registration in the Nigeria Official Gazette, must elapse before a trade union may be registered. If the Ministry of Labor and Employment does not receive objections to registration during the three-month notice period, it must register the union within three months of the expiration of the notice period. If an objection is raised, the ministry has an indefinite period to review and deliberate on the registration. The registrar may refuse registration because a proper objection has been raised or because a purpose of the trade union violates the Trade Union Act or other laws. Each federation must consist of 12 or more affiliated trade unions, and each trade union must be an exclusive member in a single federation.

The law generally does not provide for a union’s ability to conduct its activities without interference from the government. The law narrowly defines what union activities are legal. The minister of labor and employment has broad authority to cancel the registration of worker and employer organizations. The registrar of trade unions has broad powers to review union accounts at any time. In addition the law requires government permission before a trade union may legally affiliate with an international organization.

The law stipulates that every collective agreement on wages be registered with the National Salaries, Income, and Wages Commission, which decides whether the agreement becomes binding. Workers and employers in export-processing zones (EPZs) are subject to the provisions of labor law, the 1992 Nigeria Export Processing Zones Decree, and other laws. Workers in the EPZs may organize and engage in collective bargaining, but there are no explicit provisions providing them the right to organize their administration and activities without interference by the government. The law does not allow worker representatives free access to the EPZs to organize workers, and it prohibits workers from striking for 10 years following the commencement of operations by the employer within a zone. In addition the Nigerian Export Processing Zones Authority, which the federal government created to manage the EPZ program, has exclusive authority to handle the resolution of disputes between employers and employees, thereby limiting the autonomy of the bargaining partners.

The law provides legal restrictions that limit the right to strike. The law requires a majority vote of all registered union members to call a strike. The law limits the right to strike to disputes regarding rights, including those arising from the negotiation, application, interpretation, or implementation of an employment contract or collective agreement, or those arising from a collective and fundamental breach of an employment contract or collective agreement, such as one related to wages and conditions of work. The law prohibits strikes in essential services. The International Labor Organization (ILO), however, stated that government defined “essential services” in an overly broad manner. Essential services included the Central Bank of Nigeria; the Nigerian Security Printing and Minting Company, Ltd.; any corporate body licensed to carry out banking under the Banking Act; postal service; sound broadcasting; telecommunications; maintenance of ports, harbors, docks, or airports; transportation of persons, goods, or livestock by road, rail, sea, or river; road cleaning; and refuse collection. Strike actions, including many in nonessential services, may be subject to a compulsory arbitration procedure leading to a final award, which is binding on the parties concerned.

Strikes based on disputed national economic policy are prohibited. Penalties for conviction of participating in an illegal strike include fines and imprisonment for up to six months.

Workers under collective bargaining agreements may not participate in strikes unless their unions comply with legal requirements, including provisions for mandatory mediation and referral of disputes to the government. Workers may submit labor grievances to the judicial system for review. Laws prohibit workers from forcing persons to join strikes, blocking airports, or obstructing public byways, institutions, or premises of any kind. Persons committing violations are subject to fines and possible prison sentences. The law further restricts the right to strike by making regular payments of union dues conditional on the inclusion of a no-strike clause during the lifetime of a collective agreement. No laws prohibit retribution against strikers and strike leaders, but strikers who believe they are victims of unfair retribution may submit their cases to the Industrial Arbitration Panel with the approval of the Ministry of Labor and Employment. The panel’s decisions are binding on the parties but may be appealed to the National Industrial Court. The arbitration process was cumbersome, time consuming, and ineffective in deterring retribution against strikers. Individuals also have the right to petition the Labor Ministry and may request arbitration from the National Industrial Court.

The law does not prohibit general antiunion discrimination; it only protects unskilled workers. Penalties for violations were not comparable with penalties for similar offenses. The law does not provide for the reinstatement of workers fired for union activity. A large number of alleged cases in antiunion discrimination and obstruction to collective bargaining were reported during the year. Specific acts include denial of the right to join trade unions, massive dismissals for trying to join trade unions, mass repression of union members, and arrests of union members, among others.

In 2013 the ILO ruled that many provisions of the Trade Union Act and the Trade Disputes Act contravened ILO conventions 87 and 98 by limiting freedom of association. While workers exercised some of their rights, the government generally did not effectively enforce the applicable laws. Penalties were not commensurate with those for similar violations. Inflation reduced the deterrence value of many fines established by older laws.

In many cases workers’ fears of negative repercussions inhibited their reporting of antiunion activities. According to labor representatives, police rarely gave permission for public demonstrations and routinely used force to disperse protesters. In Port Harcourt union members were harassed in an effort to silence opposition to the unilateral abolition of the 30,000 naira ($78) monthly national minimum wage. On July 21, the Trade Union Side of the Joint National Public Service Negotiating Council alleged the governor of Rivers State dispatched armed thugs to the National Labor Congress secretariat to vandalize property and abduct the chairperson of the Judiciary Staff Union of Nigeria. The chairman was detained at Government House, dragged to a magistrate court on trumped up offenses, and kidnapped while undergoing trial; his whereabouts remained unknown.

Collective bargaining occurred throughout the public sector and the organized private sector but remained restricted in some parts of the private sector, particularly in banking and telecommunications. According to the International Trade Union Confederation, the government and some private-sector employers occasionally failed to honor their collective agreements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children, except compulsory prison labor. Criminal penalties were commensurate with those for similar crimes but were seldom appropriately enforced. The government did not effectively enforce these laws in many parts of the country. The government took steps to identify or eliminate forced labor, but insufficient resources and lack of training on such laws hampered efforts.

Forced labor remained with reports of women and girls subjected to forced labor in domestic service, and boys subjected to forced labor in street vending, domestic service, mining, stone quarrying, agriculture, and begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government does not prohibit all of the worst forms of child labor. Penalties were not commensurate with those for similar crimes. Child labor was prevalent, especially in the informal sector.

By law age 12 is the general minimum age for employment. Persons younger than age 14 may be employed only on a daily basis, must receive the day’s wages at the end of each workday, and must be able to return each night to their parents’ or guardian’s residence. By law these regulations do not apply to domestic service. The law also provides exceptions for light work in agriculture and horticulture if the employer is a family member. No person younger than age 16 may work underground, in machine work, or on a public holiday. No “young person,” defined as a person younger than age 18 by the Labor Act, may be employed in any job that is injurious to health, dangerous, or immoral. For industrial work and work on vessels where a family member is not employed, the minimum work age is 15, consistent with the age for completing educational requirements. The law states children may not be employed in agricultural or domestic work for more than eight hours per day. Apprenticeship of youths older than age 12 is allowed in skilled trades or as domestic servants.

The Labor Ministry dealt specifically with child labor problems but mainly conducted inspections in the formal business sector, where the incidence of child labor reportedly was not significant. The NAPTIP has some responsibility for enforcing child labor laws, although it primarily rehabilitates trafficking and child labor victims. Victims or their guardians rarely complained due to intimidation and fear of losing their jobs.

The government’s child labor policy focused on intervention, advocacy, sensitization, legislation, withdrawal of children from potentially harmful labor situations, and rehabilitation and education of children following withdrawal. In an effort to withdraw children from the worst forms of child labor, the government operated vocational training centers with NGOs around the country. The Labor Ministry confirmed that 2,996 children were removed from child labor during the year. Despite the policy and action plan, children largely were not adequately protected due to weak enforcement of the law and gaps in coverage.

Children engaged in the worst forms of child labor identified in the country including: commercial agriculture and hazardous farm work (cocoa, cassava); street hawking; exploitative cottage industries such as iron and other metal works; hazardous mechanical workshops; exploitative and hazardous domestic work; commercial fishing; exploitative and hazardous pastoral and herding activities; construction; transportation; mining and quarrying; prostitution and pornography; forced and compulsory labor and debt bondage; forced participation in violence, criminal activity, and ethnic, religious, and political conflicts; and involvement in drug peddling.

Many children worked as beggars, street peddlers, and domestic servants in urban areas. Children also worked in the agricultural sector and in mines. Boys were forced to work as laborers on farms, in restaurants, for small businesses, and in granite mines, as well as street peddlers and beggars. Girls worked involuntarily as domestic servants and street peddlers.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The law does not prohibit discrimination in employment and occupation based on race, sex, religion, political opinion, gender, language, sexual orientation, gender identity, age, HIV-positive status, or social status. The government did not effectively address discrimination in employment or occupation except in the area of discrimination against persons with disabilities. Penalties were not commensurate with those for similar violations. Gender-based discrimination in employment and occupation occurred (see section 6, Women). Women are legally barred from particular fields of employment, such as mining. Women often experienced discrimination due to traditional and religious practices. Police regulations provide for special recruitment requirements and conditions of service applying to women, particularly the criteria and provisions relating to pregnancy and marital status.

In January 2019 the government adopted the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, which prohibits discrimination against persons with disabilities, giving them the right to education without discrimination or segregation; the right to work on an equal basis with others, including the right to opportunity to gain a living by work freely chosen or accepted in a labor market and work environment that is open. The act further provides that “all employers of labor in public organizations shall, as much as possible, have persons with disabilities constituting at least 5 percent of their employment.”

NGOs expressed concern regarding discrimination against women in the private sector, particularly in access to employment, promotion to higher professional positions, and salary equity. According to credible reports, many businesses implemented a “get pregnant, get fired” policy. Women remained underrepresented in the formal sector where labor protections and higher wages applied. Women did not receive equal pay for equal work and often encountered difficulty in acquiring commercial credit or obtaining tax deductions or rebates as heads of households. Unmarried women in particular endured many forms of discrimination. Several states had laws mandating equal opportunity for women.

Employers frequently discriminated against persons with HIV and AIDs. The government spoke out in opposition to such discrimination, calling it a violation of the fundamental right to work.

e. Acceptable Conditions of Work

In April 2019 President Buhari signed legislation increasing the legal national monthly minimum wage. The minimum wage was not higher than the poverty income level. Trade unions protested the failure of the new minimum wage to keep up with inflation. Employers with fewer than 50 employees are exempt from this minimum, and the large majority of workers were not covered. Government enforcement of the minimum wage, particularly by state governments, remained sporadic despite workers’ protests and warning strikes. For example, on December 23, the Academic Staff Union of Universities (ASUU) conditionally suspended its nine-month strike (the country’s longest strike since 1999) in protest of the government’s nonpayment of salaries of ASUU members and failure to revitalize public-sector universities.

The law mandates a 40-hour workweek, two to four weeks of annual leave, and overtime and holiday pay, except for agricultural and domestic workers. The law does not define premium pay or overtime. The law prohibits excessive compulsory overtime for civilian government employees. Penalties for wage and hour violations were not commensurate with those for similar violations.

The law establishes appropriate health and safety provisions. The law requires employers to compensate injured workers and dependent survivors of workers killed in industrial accidents. The law provides for the protection of factory employees in hazardous situations. The law does not provide other nonfactory workers with similar protections. The law applies to legal foreign workers, but not all companies respected these laws. Penalties were not commensurate with those for similar violations. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.

The Ministry of Labor and Employment is responsible for enforcing these standards. The ministry did not effectively enforce occupational health and safety law and did not have a sufficient number of inspectors to enforce compliance. The department is tasked to inspect factories’ compliance with health and safety standards, but it was underfunded, lacked basic resources and training, and consequently did not sufficiently enforce safety regulations at most enterprises, particularly construction sites and other nonfactory work locations. Labor inspections mostly occurred randomly but occasionally occurred when there was suspicion, rather than actual complaints, of illegal activity. In addition the government did not enforce the law strictly. Authorities did not enforce standards in the informal sector, which included the majority of workers.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were several reports the government or its agents committed, or attempted to commit, arbitrary or unlawful killings. Impunity was a significant problem in investigating whether security force killings were justifiable (see section 1.e.).

Opposition activist and anticorruption campaigner Aleksey Navalny was poisoned on August 20 with a form of Novichok, a nerve agent that was also used in the 2018 attack on former Russian intelligence officer Sergey Skripal in the United Kingdom. After campaigning in Siberia for independent candidates for local elections, Navalny became severely ill and fell into a coma. The Federal Security Service (FSB) was tracking and surveilling Navalny during his stay in Tomsk. On August 21, officials at the Omsk hospital where Navalny was initially treated claimed they found no traces of poison in his system. Navalny was transferred to a hospital in Germany on August 22; on September 2, the German government announced that traces of a nerve agent from the “Novichok” group had been found in samples taken from Navalny. At Germany’s request the Organization for the Prohibition of Chemical Weapons (OPCW) conducted a technical assistance visit, which confirmed that Navalny was exposed to a nerve agent belonging to the “Novichok” group.

Credible reports indicated that officers from Russia’s FSB used a nerve agent to poison Navalny. The G7 industrialized democracies bloc and NATO countries condemned Navalny’s confirmed poisoning and called on Russia to bring the perpetrators to justice. At the November 30 OPCW Conference of States Parties, 58 countries issued a statement urging Russia to disclose “in a swift and transparent manner the circumstances of this chemical weapons attack.” Russian authorities stated there are no grounds to open a criminal investigation into the poisoning, despite Navalny’s requests that they do so.

Credible nongovernmental organizations (NGOs) and independent media outlets published reports indicating that from December 2018 to January 2019, local authorities in the Republic of Chechnya renewed a campaign of violence against individuals perceived to be members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. According to the NGO Russian LGBT Network, local Chechen authorities illegally detained and tortured at least 40 individuals, including two who reportedly died in custody from torture. According to human rights organizations, as of September authorities failed to investigate the allegations or reports of extrajudicial killings and mass torture of LGBTI persons in Chechnya and continued to deny there were any LGBTI persons in Chechnya.

There were multiple reports that, in some prison colonies, authorities systematically tortured inmates (see section 1.c.), in some cases resulting in death or suicide. According to media reports, on April 10, prisoners in Penal Colony Number 15 (IK-15) in Angarsk rioted after a prison employee beat one of the inmates, leading him to make a video about his ordeal and slash his veins in a failed suicide attempt. Afterwards, 17 other inmates slashed their veins as well, then set fire to parts of the penal colony. The Federal Penitentiary Service sent in approximately 300 special force officers, who beat the inmates, doused them with water, and set dogs on them. Human rights activists reported that two inmates were killed during the clashes and called for an investigation. On April 14, Justice Minister Konstantin Chuychenko told media that the riot in IK-15 had been organized from the outside by individuals who had paid “so-called human rights activists” to “stir things up in the media.” Officials confirmed that they found the body of an inmate who had been strangled and hanged. According to media reports, the inmate who made the video that set off the riots later retracted his statement that he had been beaten by a prison employee.

Although Deputy Defense Minister Andrey Kartapolov announced on August 26 that hazing and “barracks hooliganism” in the armed forces had been completely eradicated, physical abuse and hazing, which in some cases resulted in death or suicide, continued to be a problem. For example, on June 21, Russian media reported that Aleksandr Tatarenko, a soldier in a Primorsky region military unit, deserted his post, leaving a suicide note indicating hazing as the reason. After two months, Tatarenko was found living under a bridge while hiding from his unit. Tatarenko’s parents filed a complaint on hazing with the Military Prosecutor’s Office.

In February government spokesperson Dmitriy Peskov dismissed calls for an international investigation into the 2015 killing of opposition leader Boris Nemtsov, telling journalists that such an investigation would not be permitted on the territory of the Russian Federation. Human rights activists and the Nemtsov family continued to believe that authorities were intentionally ignoring the question of who ordered and organized the killing and noted that these persons were still at large.

There were reports that the government or its proxies committed, or attempted to commit, extrajudicial killings of its opponents in other countries. For example, on January 30, blogger Imran Aliyev was found dead in a hotel room in Lille, France, having been stabbed 135 times. Aliyev, who had settled in Belgium after leaving Chechnya, often published YouTube videos critical of Chechnya head Ramzan Kadyrov and the Chechen government. French prosecutors stated that the Russian-born man suspected of killing Aliyev returned to Russia immediately after the stabbing.

On July 4, a man identified by Austrian authorities only as a Russian citizen shot and killed Mamikhan Umarov, an asylum seeker from Russia, in a parking lot outside of Vienna. Umarov was also an outspoken critic of Kadyrov and had posted a YouTube video taunting Kadyrov to “come and stop [him]” shortly before his death. In his interviews and social media posts, Umarov claimed to be a mercenary who had fought on the side of Chechen separatists in the 1990s and sought asylum in 2005 because he feared reprisal in Chechnya. Austrian authorities had designated him a “person at risk” because of his background. Kadyrov responded to allegations of his involvement in this and other extrajudicial killings of Russian citizens in Europe by accusing Western intelligence of killing Chechen dissidents to make him look bad.

The country played a significant military role in the armed conflict in eastern Ukraine, where human rights organizations attributed thousands of civilian deaths and other abuses to Russian-led forces. Russian occupation authorities in Crimea also committed widespread abuses (see Country Reports on Human Rights Practices for Ukraine).

Since 2015 the country’s forces have conducted military operations, including airstrikes, in the conflict in Syria. According to human rights organizations, the country’s forces took actions, such as bombing urban areas, that intentionally targeted civilian infrastructure (see Country Reports on Human Rights Practices for Syria).

The news website Caucasian Knot reported that violent confrontations with security forces resulted in at least 14 deaths in the North Caucasus during the first half of the year. Dagestan was the most affected region, with seven deaths in the first half of the year, followed by Kabardino-Balkaria and Ingushetia, where three persons were killed in each region.

b. Disappearance

There were reports of disappearances perpetrated by or on behalf of government authorities. Enforced disappearances for both political and financial reasons continued in the North Caucasus. According to the August report of the UN Working Group on Enforced or Involuntary Disappearances, there were 867 outstanding cases of enforced or involuntary disappearances in the country.

There were reports that police committed enforced disappearances and abductions during the year. For example, on September 10, the Civic Assistance Committee reported that a North Korean citizen who was seeking asylum in Vladivostok was taken to the Artyom City Police Department by individuals in civilian clothes, where he subsequently disappeared. The North Korean citizen first approached a Migration and Law network lawyer for assistance with an asylum request on August 27, stating that he fled the Far Eastern Federal University campus on Russky Island. An officer at the Frunzenskiy District Police Department told the lawyer that the North Korean consulate took the asylum seeker from the police department. The asylum seeker’s lawyer suspected that he was forcibly returned to his country of origin.

Security forces were allegedly complicit in the kidnapping and disappearance of individuals from Central Asia, whose forcible return was apparently sought by their governments (see section 2.f.).

There were continued reports of abductions and torture in the North Caucasus, including of political activists and others critical of Chechnya head Kadyrov. On October 28, 1ADAT, a social media channel that is highly critical of Kadyrov, reported that Chechen security forces abducted more than 1,500 persons between April and October. For example, on September 6, Salman Tepsurkayev, a 19-year-old Chechen activist and a 1ADAT moderator, was kidnapped, reportedly by persons with connections to Chechen authorities. On September 7, a video recording of Tepsurkayev circulated on social media in which he appeared naked with signs of torture as he said, “I am punishing myself” and sat on a glass bottle. The office of the Chechen human rights ombudsman commented it was aware of the video of Tepsurkayev but had not looked into the matter because there had been no request from the victim or the relatives. As of December 1, Tepsurkayev’s whereabouts were unknown.

On October 20, the human rights group Memorial reported that five men were abducted from the village of Chechen-Aul on August 28, and two more were abducted on August 30. Memorial stated that all seven men were taken to the city of Argun, where they were visited by the Chechen interior minister Ruslan Alkhanov and Chechen deputy prime minister Abuzaid Vismuradov before being transferred to a secret prison, where they were interrogated and tortured. Four of the men were later released (two on September 18 and two on October 7), while three reportedly remained in government detention facilities as of December. Memorial reported that 13 men were abducted on November 5 from the Chechen city of Gudermes and taken to a secret prison, where Memorial believed they remained as of December.

There were reports Russian-led forces and Russian occupation authorities in Ukraine engaged in enforced disappearances (see Country Reports on Human Rights Practices for Ukraine).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution prohibits such practices, numerous credible reports indicated law enforcement officers engaged in torture, abuse, and violence to coerce confessions from suspects, and authorities only occasionally held officials accountable for such actions.

In December 2019, for the first time, the Investigative Committee of the Russian Federation published data on the use of torture in prisons and pretrial detention centers. The data showed that between 2015 and 2018, for every 44 reports of violence perpetrated by Federal Penitentiary Service employees, only one criminal case was initiated.

There were reports of deaths as a result of torture (see section 1.a.).

Physical abuse of suspects by police officers was reportedly systemic and usually occurred within the first few days of arrest in pretrial detention facilities. Reports from human rights groups and former police officers indicated that police most often used electric shocks, suffocation, and stretching or applying pressure to joints and ligaments because those methods were considered less likely to leave visible marks. The problem was especially acute in the North Caucasus. According to the Civic Assistance Committee, prisoners in the North Caucasus complained of mistreatment, unreasonable punishment, religious and ethnic harassment, and inadequate provision of medical care.

There were reports that police beat or otherwise abused persons, in some cases resulting in their death. For example, media reported that members of Russia’s National Guard forcibly dispersed a peaceful political rally in Khabarovsk City on October 12. Several participants reported being beaten by police during the rally’s dispersal, at least one with a police baton; one victim suffered a broken nose. Two detained minors said they were “put on their knees in a corner, mocked, had their arms twisted, and were hit in the eye.”

There were reports that law enforcement officers used torture, including sleep deprivation, as a form of punishment against detained opposition and human rights activists, journalists, and critics of government policies. For example, on May 11, Russian media reported Vladimir Vorontsov, the creator of the Police Ombudsman project, was hospitalized after being kept in an isolation ward in a prison. According to his lawyer, authorities detained Vorontsov on May 7, denied his request for medical assistance, and interrogated him into the evening, after which he was placed in solitary confinement and not allowed to sleep. On May 8, Vorontsov was charged with extorting money from a police officer. Vorontsov alleged the charges against him were revenge for his social activism, which involved reporting on officials’ labor rights violations of law enforcement officers.

In several cities police reportedly subjected members of Jehovah’s Witnesses, a religious group banned under antiextremism laws, to physical abuse and torture following their arrest. For example, on February 10, officers from the Russian National Guard handcuffed Chita resident Vadim Kutsenko and took him to a local forest, where they beat his face and neck, suffocated him, and used a Taser to force him to admit to being a practicing member of Jehovah’s Witnesses. When Kutsenko reported the incident to authorities, he was ignored and sent to a temporary detention center along with three other members of Jehovah’s Witnesses. According to media reports, Kutsenko sought medical treatment upon his release, which confirmed the physical trauma.

There were multiple reports of the FSB using torture against young “anarchists and antifascist activists” who were allegedly involved in several “terrorism” and “extremism” cases. For example, on February 10, a court in Penza found seven alleged anarchists and antifascist activists supposedly tied to a group known as “Set” (“Network”) guilty of terrorism and sentenced them to between six and 18 years in prison. Authorities claimed they were plotting to overthrow the government, but human rights activists asserted that the FSB falsified evidence and fabricated the existence of the organization known as “Set/Network.” Several of the sentenced men claimed that the FSB forced them to sign admissions of guilt under torture; one of them claimed he had marks on his body from electric shocks and asked for medical experts to document them but was denied the request. Memorial considered all seven men sentenced to be political prisoners.

In the North Caucasus region, there were widespread reports that security forces abused and tortured both alleged militants and civilians in detention facilities. On January 20, Aminat Lorsanova became the second individual to file a complaint with federal authorities asking for an investigation into abuses against the LGBTI community in Chechnya. In 2018 she was forcibly detained at one psychiatric clinic for 25 days and at another for four months. She was beaten with sticks and injected with tranquilizer to “cure” her of her bisexual identity. Dzhambulat Umarov, Chechnya’s minister of national policy, foreign relations, press, and information, publicly denied Lorsanova’s claims and accused the LGBTI community of deceiving “a sick Chechen girl.”

There were reports of rape and sexual abuse by government agents. For example, media reported on Mukhtar Aliyev’s account of his five years in IK-7 prison in Omsk region from 2015 until his release during the year, where he was subjected to torture, including sexual assault. Aliyev told media that prison officials would beat him, tie him to the bars for a prolonged length of time causing his legs and arms to swell up, and force other inmates to assault him sexually while recording their actions. Aliyev said that the officials threatened to leak the recording to other inmates and officials if he did not behave.

There were reports of authorities detaining defendants for psychiatric evaluations to exert pressure on them or sending defendants for psychiatric treatment as punishment. Prosecutors and certified medical professionals may request suspects be placed in psychiatric clinics on an involuntary basis. For example, on May 12, approximately two dozen riot police stormed the home of Aleksandr Gabyshev, a Siberian shaman who announced in 2019 that he and his supporters planned to walk from Yakutsk to Moscow to “expel” Vladimir Putin from the Kremlin. Police detained Gabyshev and forcibly hospitalized him for psychiatric treatment. On May 29, Gabyshev filed a claim refusing further hospitalization, after which the clinic’s medical commission deemed him a danger to himself and others and filed a lawsuit to extend his detention there. The clinic released Gabyshev on July 22.

Reports of nonlethal physical abuse and hazing continued in the armed forces. Activists reported such hazing was often tied to extortion schemes. On January 22, the online media outlet 29.ru published an interview with the mother of conscript Ilya Botygin, who claimed that he was a victim of repeated hazing in his Nizhny Novgorod-based unit. The mother said that her son’s superiors locked him up for several days at a time, fed him irregularly, and beat him. When she visited him in January, she took him to the emergency room for a medical examination, but his unit did not accept the paperwork documenting his injuries on the grounds it could be forged. She and Botygin filed a case with the Nizhny Novgorod military prosecutor’s office but told media they had not received any updates about an investigation.

There were reports that Russian-led forces in Ukraine’s Donbas region and Russian occupation authorities in Crimea engaged in torture (see Country Reports on Human Rights Practices for Ukraine).

Impunity was a significant problem in the security forces. According to a July 25 investigation published by independent news outlet Novaya Gazeta, tens of thousands of cases of beatings and torture by the military, police, and other security forces could have gone unpunished in the previous 10 years. The report assessed the Investigative Committee’s lack of independence from police as a key factor hampering accountability, because the organization failed to initiate investigations into a high number of incidents.

Prison and Detention Center Conditions

Conditions in prisons and detention centers varied but were often harsh and life threatening. Overcrowding, abuse by guards and inmates, limited access to health care, food shortages, and inadequate sanitation were common in prisons, penal colonies, and other detention facilities.

Physical Conditions: Prison overcrowding remained a serious problem. While the law mandates the separation of women and men, juveniles and adults, and pretrial detainees and convicted prisoners in separate quarters, anecdotal evidence indicated not all prison facilities followed these rules. On March 31, Amnesty International urged authorities to take urgent measures to address the potentially devastating consequences of COVID-19 if it spreads among prisoners and detainees. The organization stated that prisons’ overcrowding, poor ventilation, and inadequate health care and sanitation led to a high risk of infection among prisoners and detainees.

Physical and sexual abuse by prison guards was systemic. For example, Russian media reported that on February 13, the prison warden of IK-5 in Mordovia, Valeriy Trofimov, took prisoner Ibragim Bakaniyev into his office and beat and humiliated him for six hours. Bakaniyev was accused of taking part in a riot that broke out earlier that night. Bakaniyev reported that the torture only ended when he used a hidden blade to cut his hand and threatened to commit suicide. Bakaniyev was sent to a punishment cell for the next three months.

Prisoner-on-prisoner violence was also a problem. For example, the Committee against Torture in Krasnodar reported that authorities opened a criminal investigation into the July 7 death of Dmitriy Kraskovskiy, a detainee in Pretrial Detention Facility Number 1 in Krasnodar. Authorities suspected he was beaten to death by inmates. The preliminary report indicated multiple bruises and head wounds on Kraskovskiy. The perpetrators allegedly tried to hang the corpse to hide the cause of death.

There were reports prison authorities recruited inmates to abuse other inmates. For example, on July 22, Russian media and the Civic Assistance Committee reported that a group of inmates tortured and sexually assaulted Makharbi Tosuyev, a prisoner at IK-7, who was confined to the psychiatric department of IK-3. According to Tosuyev, a group of inmates tied him to his bed while he was confined in the psychiatric department of IK-3 as a result of a self-inflicted injury, and tortured and sexually assaulted him with a plastic stick. Tosuyev accused the head of the operational department of IK-3, Edgar Hayrapetyan, of organizing the attack.

Overcrowding, ventilation, heating, sanitation, and nutritional standards varied among facilities but generally were poor. Opportunities for movement and exercise in pretrial detention were minimal. Potable water was sometimes rationed, and food quality was poor; many inmates relied on food provided by family or NGOs. Access to quality medical care remained a problem. For example, according to the European Association of Jehovah’s Witnesses, a 61-year-old Smolensk resident, Viktor Malkov, died three months after being released from an eight-month-long detention, partly because his chronic health problems were exacerbated by the denial of medical care in the detention center. Malkov, who was detained on the grounds of extremism due to his religious beliefs, had stated that prison officials did not allow him to seek proper treatment or medications for his heart disease and kidney problems.

NGOs reported approximately 50 percent of prisoners with HIV did not receive adequate treatment. Only prisoners with a CD4 white-blood cell level below a certain amount were provided treatment. NGOs reported that interruptions in the supplies of some antiretroviral drugs were sometimes a problem.

There were reports political prisoners were placed in particularly harsh conditions and subjected to punitive treatment within the prison system, such as solitary confinement or punitive stays in psychiatric units. For example, on May 21, a court ordered the forced psychiatric treatment of Kamchatka opposition activist Vladimir Shumanin during a criminal prosecution for libel stemming from a 2018 article in which he accused a law enforcement officer of engaging in criminal behavior. In the Far East region, Shumanin was known for running a personal YouTube channel in which he sharply criticized regional and federal authorities.

Administration: Convicted inmates and individuals in pretrial detention have visitation rights, but authorities may deny visitation depending on circumstances. By law prisoners with harsher sentences are allowed fewer visitation rights. The judge in a prisoner’s case may deny the prisoner visitation. Authorities may also prohibit relatives deemed a security risk from visiting prisoners. Some pretrial detainees believed authorities sometimes denied visitation and telephone access to pressure them into providing confessions.

While prisoners may file complaints with public oversight commissions or with the Office of the Human Rights Ombudsperson, they often did not do so due to fear of reprisal. Prison reform activists reported that only prisoners who believed they had no other option risked the consequences of filing a complaint. Complaints that reached the oversight commissions often focused on minor personal requests.

Independent Monitoring: Authorities permitted representatives of public oversight commissions to visit prisons regularly to monitor conditions. According to the Public Chamber, there were public oversight commissions in almost all regions. Human rights activists expressed concern that some members of the commissions were individuals close to authorities and included persons with law enforcement backgrounds.

By law members of oversight commissions have the right to videotape and photograph inmates in detention facilities and prisons with their written approval. Commission members may also collect air samples, conduct other environmental inspections, conduct safety evaluations, and access prison psychiatric facilities. The law permits human rights activists not listed in public oversight commissions to visit detentions centers and prisons. The NGO Interregional Center for Women’s Support, working with detained migrants, noted that only after a specific detainee submits a request and contacts the NGO may the organization obtain permission to visit a certain detention center.

Authorities allowed the Council of Europe’s Committee for the Prevention of Torture to visit the country’s prisons and release some reports on conditions but continued to withhold permission for it to release all recent reports.

There were reports of authorities prosecuting journalists for reporting torture. For example, in September, three penal colonies in Kemerovo Oblast (IK-5, IK-22, and IK-37) filed a lawsuit for reputational protection against a number of former prisoners and civic activists, including journalist Andrey Novashov, who in June published an article on the news website Sibir.Realii exposing inmates’ allegations of torture in the three colonies.

d. Arbitrary Arrest or Detention

While the law prohibits arbitrary arrest and detention, authorities engaged in these practices with impunity. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention, but successful challenges were rare.

Arrest Procedures and Treatment of Detainees

By law authorities may arrest and hold a suspect for up to 48 hours without court approval, provided there is evidence of a crime or a witness; otherwise, an arrest warrant is required. The law requires judicial approval of arrest warrants, searches, seizures, and detentions. Officials generally honored this requirement, although bribery or political pressure sometimes subverted the process of obtaining judicial warrants. After an arrest, police typically took detainees to the nearest police station, where they informed them of their rights. Police must prepare a protocol stating the grounds for the arrest, and both the detainee and police officer must sign it within three hours of detention. Police must interrogate detainees within the first 24 hours of detention. Prior to interrogation, a detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor. They must also give the detainee an opportunity to notify his or her relatives by telephone unless a prosecutor issues a warrant to keep the detention secret. Police are required to release a detainee after 48 hours, subject to bail conditions, unless a court decides, at a hearing, to prolong custody in response to a motion filed by police not less than eight hours before the 48-hour detention period expires. The defendant and his or her attorney must be present at the court hearing, either in person or through a video link.

Except in the North Caucasus, authorities generally respected the legal limitations on detention. There were reports of occasional noncompliance with the 48-hour limit for holding a detainee. At times authorities failed to issue an official detention protocol within the required three hours after detention and held suspects longer than the legal detention limits.

By law police must complete their investigation and transfer a case to a prosecutor for arraignment within two months of a suspect’s arrest, although an investigative authority may extend a criminal investigation for up to 12 months. Extensions beyond 12 months need the approval of the head federal investigative authority in the Ministry of Internal Affairs, the FSB, or the Investigative Committee and the approval of the court. According to some defense lawyers, the two-month time limit often was exceeded, especially in cases with a high degree of public interest.

Problems existed related to detainees’ ability to obtain adequate defense counsel. The law provides defendants the right to choose their own lawyers, but investigators sometimes did not respect this provision, instead designating lawyers friendly to the prosecution. These “pocket” defense attorneys agreed to the interrogation of their clients in their presence while making no effort to defend their clients’ legal rights. In many cases especially in more remote regions, defense counsel was not available for indigent defendants. Judges usually did not suppress confessions taken without a lawyer present. Judges at times freed suspects held in excess of detention limits, although they usually granted prosecutors’ motions to extend detention periods.

There were reports that security services sometimes held detainees in incommunicado detention before officially registering the detention. This practice usually coincided with allegations of the use of torture to coerce confessions before detainees were permitted access to a lawyer. The problem was especially acute in the Republic of Chechnya, where such incommunicado detention could reportedly last for weeks in some cases.

Arbitrary Arrest: There were many reports of arbitrary arrest or detention, often in connection with demonstrations and single-person pickets, such as those that preceded and succeeded the July 1 national vote on constitutional amendments (see section 2.b.). The independent human rights media project OVD-Info reported that during the first six months of the year, police detained 388 single-person picketers in Moscow and St. Petersburg alone, although single-person pickets are legal and do not require a permit. After Novaya Gazeta journalist and municipal deputy Ilya Azar was arrested and sentenced to 15 days of administrative arrest on May 26 for holding a single-person picket in Moscow, law enforcement authorities detained an estimated 130 individuals who took part in protests supporting him in three cities. Many of them were fined for violating the laws on staging public demonstrations.

There were reports that Russian-led forces and Russian occupation authorities in Ukraine engaged in arbitrary detention (see Country Reports on Human Rights Practices for Ukraine).

Pretrial Detention: Observers noted lengthy pretrial detention was a problem, but data on its extent were not available. By law pretrial detention may not normally exceed two months, but the court has the power to extend it to six months, as well as to 12 or 18 months if the crime of which the defendant is accused is especially serious. For example, Yuliy Boyarshinov, described by Memorial as an antifascist and left-wing activist, was in pretrial detention from 2018 until the resumption of his trial in February; he was convicted and sentenced to 5.5 years in prison in June. He was accused of illegally storing explosives and participating in a terrorist organization because of his purported association with the “Network,” an alleged antifascist and anarchist group that relatives of the accused claim does not really exist. Memorial considered Boyarshinov to be a political prisoner.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: By law a detainee may challenge the lawfulness of detention before a court. In view of problems with judicial independence (see section 1.e.), however, judges typically agreed with the investigator and dismissed defendants’ complaints.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but judges remained subject to influence from the executive branch, the armed forces, and other security forces, particularly in high-profile or politically sensitive cases, as well as to corruption. The outcomes of some trials appeared predetermined. Acquittal rates remained extremely low. In 2019 courts acquitted 0.36 percent of all defendants.

There were reports of pressure on defense attorneys representing clients who were being subjected to politically motivated prosecution and other forms of reprisal. According to a June 2019 report from the Agora International Human Rights Group, it has become common practice for judges to remove defense attorneys from court hearings without a legitimate basis in retaliation for their providing clients with an effective defense. The report also documented a trend of law enforcement authorities’ using physical force to interfere with the work of defense attorneys, including the use of violence to prevent them from being present during searches and interrogations.

On August 7, the bar association of the Leningrad region opened disciplinary proceedings against Yevgeniy Smirnov, a lawyer from Team 29, an informal association of lawyers and journalists dedicated to protecting civil liberties. Smirnov was one of the lawyers representing journalist Ivan Safronov in a high-profile treason case. His colleagues believed that the disciplinary proceedings were retaliation for his work.

Trial Procedures

The law provides for the right to a fair and public trial, but executive interference with the judiciary and judicial corruption undermined this right.

The defendant has a legal presumption of innocence and the right to a fair, timely, and public trial, but these rights were not always respected. Defendants have the right to be informed promptly of charges and to be present at the trial. The law provides for the appointment of an attorney free of charge if a defendant cannot afford one, although the high cost of legal service meant that lower-income defendants often lacked competent representation. A Yekaterinburg-based legal and human rights NGO indicated many defense attorneys do not vigorously defend their clients and that there were few qualified defense attorneys in remote areas of the country. Defense attorneys may visit their clients in detention, although defense lawyers claimed authorities electronically monitored their conversations and did not always provide them access to their clients. Prior to trial, defendants receive a copy of their indictment, which describes the charges against them in detail. They also may review their file following the completion of the criminal investigation.

Non-Russian defendants have the right to free interpretation as necessary from the moment charged through all appeals, although the quality of interpretation is typically poor. During trial the defense is not required to present evidence and is given an opportunity to cross-examine witnesses and call defense witnesses, although judges may deny the defense this opportunity. Defendants have the right not to be compelled to testify or confess guilt. Defendants have the right of appeal.

The law provides for trial by jury in criminal cases if the defendant is charged with murder, kidnapping, narcotics smuggling, and certain other serious crimes. Nonetheless, trials by jury remained rare, and the vast majority of verdicts and sentences are rendered by judges. The acquittal rate in trials by jury is much higher (23 percent in 2019) than in trials before a judge (0.36 percent in 2019), although acquittals by jury are sometimes overturned by judges in appellate courts.

The law allows prosecutors to appeal acquittals, which they did in most cases. Prosecutors may also appeal what they regard as lenient sentences. In April 2018, a court in Petrozavodsk acquitted renowned historian of the gulag and human rights activist Yuriy Dmitriyev of child pornography charges, a case many observers believed to be politically motivated and in retaliation for his efforts to expose Stalin-era crimes. In June 2018 the Supreme Court of the Republic of Karelia granted the prosecutor’s appeal of the acquittal and sent the case for retrial. In the same month, Dmitriyev was again arrested. On July 22, the Petrozavodsk City Court found him guilty of sexual abuse of a minor and sentenced him to 3.5 years in prison. On September 29, the Supreme Court of Karelia overturned the decision and extended his sentence to 13 years in maximum-security prison. Memorial considered Dmitriyev to be a political prisoner.

Authorities particularly infringed on the right to a fair trial in Chechnya, where observers noted that the judicial system served as a means of conducting reprisals against those who exposed wrongdoing by Chechnya head Kadyrov.

In some cases judicial authorities imposed sentences disproportionate to the crimes charged. For example, on August 18, political commentator Fyodor Krasheninnikov was sentenced to seven days in jail for publishing comments criticizing the Constitutional Court. The Sverdlovsk Oblast human rights ombudswoman responded that Krasheninnikov should only have been fined. Krasheninnikov filed a complaint with European Court of Human Rights (ECHR), asserting that his arrest violated his rights of speech, fair trial, and personal freedom.

Political Prisoners and Detainees

There were credible reports of political prisoners in the country and that authorities detained and prosecuted individuals for political reasons. Charges usually applied in politically motivated cases included “terrorism,” “extremism,” “separatism,” and “espionage.” Political prisoners were reportedly placed in particularly harsh conditions of confinement and subjected to other punitive treatment within the prison system, such as solitary confinement or punitive stays in psychiatric units.

As of December Memorial’s list of political prisoners contained 358 names, including 295 individuals who were allegedly wrongfully imprisoned for exercising religious freedom. Nevertheless, Memorial estimated that the actual number of political prisoners in the country could be two to three times greater than the number on its list. Memorial’s list included journalists jailed for their writing, such as Abdulmumin Gadzhiyev (see section 2.a.); human rights activists jailed for their work, such as Yuriy Dmitriyev; many Ukrainians (including Crimean Tatars) imprisoned for their vocal opposition to the country’s occupation of Crimea; Anastasiya Shevchenko, the first individual charged under the “undesirable foreign organizations” law; students and activists jailed for participating in the Moscow protests in July and August 2019; and members of Jehovah’s Witnesses and other religious believers. Memorial noted the average length of sentences for the cases on their list continued to increase, from 5.3 years for political prisoners and 6.6 years for religious prisoners in 2016 to 6.8 and 9.1 years, respectively, in 2018. In some cases sentences were significantly longer, such as the case of Aleksey Pichugin, a former security official of the Russian oil company Yukos, imprisoned since 2003 with a life sentence for conviction of alleged involvement in murder and murder attempts; human rights organizations asserted that his detention was politically motivated to obtain false evidence against Yukos executives.

Politically Motivated Reprisal Against Individuals Located Outside the Country

There were credible reports that the country attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. Authorities used their access to the International Criminal Police Organization (Interpol) to target political enemies abroad. For example, the religious freedom rights organization Forum 18 reported that the country issued Interpol red notices in January to secure the extradition of at least two individuals facing “extremism” charges for exercising their freedom of religion or belief. Ashurali Magomedeminov, who studied the work of the late Turkish Muslim theologian Said Nursi, left Russia in 2016; the Investigative Committee launched a criminal case against him in 2017 after accusing him of sharing “extremist literature.”

There were credible reports that, for politically motivated purposes, the government attempted to exert bilateral pressure on another country aimed at having it take adverse action against specific individuals. For example, on February 21, Belarusian police detained Nikolay Makhalichev, a member of Jehovah’s Witnesses, at the request of the Russian authorities. Makhalichev said that Belarusian police told him that Russian authorities had put him on an interstate wanted list after they opened a criminal case against him for “extremism” for his religious affiliation. Russian prosecutors brought forth a request for extradition, but on April 7, the Belarusian courts determined that he would not be extradited.

Civil Judicial Procedures and Remedies

Although the law provides mechanisms for individuals to file lawsuits against authorities for human rights violations, these mechanisms often did not work well. For example, the law provides that a defendant who has been acquitted after a trial has the right to compensation from the government. While this legal mechanism exists in principle, it was practically very cumbersome to use. Persons who believed their human rights were violated typically sought redress in the ECHR after domestic courts ruled against them. Amendments to the constitution approved in a nationwide vote on July 1, and signed into law on December 8, enshrined the primacy of Russian law over international law, stating that decisions by interstate bodies interpreted in a manner contrary to the constitution are not enforceable in the country. Many experts interpreted this to mean that courts have greater power to ignore rulings from international human rights bodies, including the ECHR; the courts had already set a precedent by declaring such bodies’ decisions “nonexecutable.”

Property Restitution

The country has endorsed the Terezin Declaration on Holocaust Restitution but declined to endorse the 2010 Guidelines and Best Practices. There is no legislation or special mechanism in the country that addresses the restitution of or compensation for private property; the same is true for heirless property. The government has laws in place providing for the restitution of cultural property, but according to the laws’ provisions, claims may only be made by states and not individuals.

For information regarding Holocaust-era property restitution and related issues, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, at https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law forbids officials from entering a private residence except in cases prescribed by federal law or when authorized by a judicial decision. The law also prohibits the collection, storage, utilization, and dissemination of information about a person’s private life without his or her consent. While the law previously prohibited government monitoring of correspondence, telephone conversations, and other means of communication without a warrant, those legal protections were significantly weakened by laws passed since 2016 granting authorities sweeping powers and requiring telecommunications providers to store all electronic and telecommunication data (see section 2.a., Internet Freedom). Politicians from minority parties, NGOs, human rights activists, and journalists alleged that authorities routinely employed surveillance and other measures to spy on and intimidate citizens.

Law enforcement agencies required telecommunications providers to grant the Ministry of Internal Affairs and the FSB continuous remote access to client databases, including telephone and electronic communications, enabling them to track private communications and monitor internet activity without the provider’s knowledge. The law permits authorities with a warrant to monitor telephone calls in real time, but this safeguard was largely pro forma. The Ministry of Information and Communication requires telecommunications service providers to allow the FSB to tap telephones and monitor the internet. The Ministry of Information and Communication maintained that authorities would not access information without a court order, although the FSB is not required to show it upon request.

In January a Novaya Gazeta investigation revealed that personnel of the Internal Affairs Ministry’s antiextremism division had installed a secret video camera in 2018 in the bedroom of Anastasiya Shevchenko, an Open Russia activist facing criminal charges for participating in an “undesirable” organization. The camera recorded her for five months without her knowledge.

The law requires explicit consent for governmental and private collection of biometric data via facial recognition technology. Laws on public security and crime prevention, however, provide for exceptions to this consent requirement. Human rights activists claimed the law lacks appropriate safeguards to prevent the misuse of these data, especially without any judicial or public oversight over surveillance methods and technologies.

As of September almost 200,000 government surveillance cameras have been installed in Moscow and equipped with Russian-developed automated facial recognition software as part of its Safe City program. The system was initially installed in key public places, such as metro stations and apartment entrances, in order to scan crowds against a database of wanted individuals. The first major test of this system occurred in the spring, as the Moscow city government began enforcing mandatory COVID-19 self-isolation requirements using facial recognition. The personal data of residents and international visitors placed under quarantine in Moscow were reportedly uploaded into the system in order to monitor the public for self-isolation violations. The Moscow city government announced that additional cameras would be installed throughout the city, including in one-quarter of the city’s 6,000 metro cars, by the end of the year.

In July, two activists, Alyona Popova and Vladimir Milov, filed a complaint against the country’s facial recognition program with the ECHR. Popova and Milov claimed closed-circuit television cameras were used during a large September 2019 protest in Moscow to conduct mass surveillance of the participants. They claimed that the government’s collection of protesters’ unique biometric data through the use of facial recognition technology violated the right to privacy and freedom of assembly provided for in the European Convention on Human Rights. Popova and Milov also argued the use of the technology at an opposition rally amounted to discrimination based on political views. The pair had previously filed a complaint in a local Moscow court, which was dismissed in March when the court ruled the government’s use of the technology legal.

On May 21, the State Duma adopted a law to create a unified federal register containing information on all the country’s residents, including their names, dates and places of birth, and marital status. According to press reports, intelligence and security services would have access to the database in their investigations. There were reports that authorities threatened to remove children from the custody of parents engaged in political activism or some forms of religious worship, or parents who were LGBTI persons. For example, on October 2, Russian media reported that authorities were threatening to arrest and take away the children of gay men who have fathered their children through surrogacy, accusing them of child trafficking. Several families reportedly left the country due to fear of arrest. As of December no formal arrest related to this threat had been reported.

The law requires relatives of terrorists to pay the cost of damages caused by an attack, which human rights advocates criticized as collective punishment. Chechen Republic authorities reportedly routinely imposed collective punishment on the relatives of alleged terrorists, including by expelling them from the republic.

a. Freedom of Expression, Including for the Press

While the constitution provides for freedom of expression, including for the press, the government increasingly restricted this right. Regional and local authorities used procedural violations and restrictive or vague legislation to detain, harass, or prosecute persons who criticized the government or institutions it favored. The government exercised editorial control over media, creating a media landscape in which most citizens were exposed to predominantly government-approved narratives. Significant government pressure on independent media constrained coverage of numerous topics, especially of Belarus, LGBTI persons, the environment, elections, COVID-19, criticism of local or federal leadership, as well as secessionism or federalism. The government used direct ownership or ownership by large private companies with government links to control or influence major national media and regional media outlets, especially television. Censorship and self-censorship in television and print media and on the internet was widespread, particularly regarding points of view critical of the government or its policies. The government’s failure to investigate or prosecute attacks on human rights defenders and peaceful protesters further stifled freedom of assembly and association.

Freedom of Speech: Authorities continued to misuse the country’s expansive definition of extremism, under which citizens may be punished for certain types of peaceful protests, affiliation with certain religious denominations, and even certain social media posts, as a tool to stifle dissent. As of August the Ministry of Justice had expanded its list of extremist materials to include 5,080 books, videos, websites, social media pages, musical compositions, and other items, an increase of approximately 80 items from 2019. According to the prosecutor general, authorities prosecuted 585 extremism cases in 2019, the majority of which included charges of “extremism” levied against individuals for exercising free speech on social media and elsewhere.

On March 27, the State Duma passed legislation criminalizing the dissemination of false “socially significant information” online, in mass media, or during protests or public events. This law in effect toughened a March 2019 law that prohibited the dissemination of “incorrect socially meaningful information, distributed under the guise of correct information, which creates the threat of damage to the lives and health of citizens or property, the threat of mass disruption of public order and public security, or the threat of the creation of an impediment to the functioning of life support facilities, transport infrastructure, banking, energy, industry, or communications.” Authorities used the law to target human rights defenders and civil society activists in criminal investigations, most recently by accusing them of spreading unreliable information related to the COVID-19 pandemic.

On June 15, Agora International Human Right Group published a report showing that over the course of 450 days, authorities initiated approximately 200 cases against the dissemination of “unreliable socially significant information.” A total of 33 of the cases were filed between April 3 and June 9 and involved criminal complaints that mainly targeted activists, journalists, bloggers, and legislators.

In early May prosecutors opened a criminal investigation into the activities of Grigoriy Vinter, the head of the Vologda chapter of the NGO For Human Rights, after posts criticizing authorities for transporting prisoners who showed COVID-19 symptoms were published on a social media page that he administered. Vinter had previously faced similar politically motivated investigations for his human rights advocacy.

By law authorities may close any organization a court determines to be extremist, including media outlets and websites. Roskomnadzor, the country’s media oversight agency, routinely issued warnings to newspapers and internet outlets it suspected of publishing extremist materials. Three warnings in one year sufficed to initiate a closure lawsuit.

During the year authorities invoked a 2013 law prohibiting the distribution of “propaganda on nontraditional sexual relations” to minors to punish the exercise of free speech by LGBTI persons and their supporters. For example, Russian media reported that on July 10, LGBTI artist and activist Yuliya Tsvetkova was fined by a local court in the Russian Far East for social media posts and drawings depicting same-sex couples with their children, rainbow-colored cats, and matryoshka dolls holding hands. Tsvetkova was also under investigation for spreading pornography among minors for her body-positive projects in 2019. On September 22, her case was returned to the Investigative Committee for Khabarovsk Kray for further investigation in what experts believe was an attempt to prolong the trial.

Authorities investigated individuals for speech allegedly violating a law that prohibits “offending the feelings of religious believers.” For example, at the end of January, popular stand-up comic Aleksandr Dolgopolov left the country after police opened an investigation into one of his performances from 2019. Media reported that an audience member complained that Dolgopolov had insulted his religious feelings, possibly with a joke about Jesus and his mother Mary. In March, Dolgopolov announced that he had returned to Russia; the status of the investigation was unclear.

During the year authorities prosecuted individuals for speech that allegedly violated the law prohibiting the “rehabilitation of Nazism.” On August 8, media reported that the Investigative Committee opened a case against Voronezh resident Aleksandr Khoroshiltsev for posting a photo of Adolf Hitler on the website of the Immortal Regiment, the name given to the yearly procession of individuals with portraits of relatives who fought in World War II. Authorities told journalists that posts such as Khoroshiltsev’s were aimed at rehabilitating the Nazi regime.

The law bans the display of Nazi symbols and the symbols of groups placed on the government’s list of “extremist” organizations. There was no official register or list of banned symbols. On May 15, a district court in Kemerovo sentenced Vladislav Koretskiy, an 18-year-old student, to 10 days incarceration for publishing social media posts in 2016 and 2017 containing images of swastikas.

The law prohibits showing “disrespect” online for the state, authorities, the public, flag, or constitution. For example, on March 3, a district court in Tomsk fined activist Sergey Chaykovskiy, the executive director of the National Bureau for the Development of Democracy, for an Instagram post that showed a speech by Nancy Pelosi accusing Putin of interfering in the conflict in Ukraine. Chaykovskiy captioned the post “Vladimir Putin will answer for his crimes in Ukraine” and was found guilty of disrespecting authorities online.

During the year authorities enforced a law prohibiting the “propaganda of narcotics” to prosecute or threaten to block independent outlets. For example, in January the Supreme Court upheld lower court orders to block the distribution of an article by independent journalists chronicling the story of a heroin user. Free speech advocates expressed concern that the law allowed the government to ban any nonfiction article on drug use it deemed inappropriate.

During the year authorities used a law banning cooperation with “undesirable foreign organizations” to restrict free expression. For example, in March authorities opened an administrative case against the Andrey Rylkov Foundation for publishing a text from the Open Russia movement on its website. Prosecutors accused the foundation, which aids drug addicts and advocates for changes to laws on narcotics, of cooperating with an “undesirable foreign organization.”

Government-controlled media frequently used derogatory terms such as “traitor,” “foreign agent,” and “fifth column” to describe individuals expressing views critical of or different from government policy, leading to a societal climate intolerant of dissent.

Freedom of Press and Media, Including Online Media: The government continued to restrict press and media freedom. More than 80 percent of country’s mass media was funded by the government or progovernment actors. Government-friendly oligarchs owned most other outlets, which are permitted to determine what they publish within formal or informal boundaries set by the government. In the regions each governor also controlled regional media through direct or indirect funding or through affiliated structures. The federal government or progovernment individuals completely or partially owned all so-called federal television channels, the only stations with nationwide reach. The 29 most-watched stations together commanded 86 percent of television viewership; all were owned at least in part by the federal or local governments or by progovernment individuals. Government-owned media outlets often received preferential benefits, such as rent-free occupancy of government-owned buildings, and a preferential tax rate. On a regional level, state-owned and progovernment television channels received subsidies from the Ministry of Finance for broadcasting in cities with a population of less than 100,000 and on the creation and production of content. At many government-owned or -controlled outlets, the state increasingly dictated editorial policy. While the law restricts foreign ownership of media outlets to no more than 20 percent, another provision of the ambiguously worded law apparently bans foreign ownership entirely. The government used these provisions to consolidate ownership of independent outlets under progovernment oligarchs and to exert pressure on outlets that retained foreign backers. In its annual report on freedom of the press, Freedom House rated the country “not free.”

By law the Ministry of Justice is required to maintain a list of media outlets that are designated “foreign agents.” As of August there were 11 outlets listed. The decision to designate media outlets as foreign agents may be made outside of court by other government bodies, including law enforcement agencies.

The law allows authorities to label individuals (both Russian and foreign citizens) as “foreign agents” if they disseminate foreign media to an unspecified number of persons and receive funding from abroad. Human rights defenders expressed concern that this legislation would be used to further restrict the activities of or selectively punish journalists, bloggers, and social media users. Individuals labeled a “foreign agent” are required to register with the Ministry of Justice, and those living abroad also must create and register a legal entity inside the country in order to publish materials inside the country. All information published by the “foreign agent” individual must be marked as having been produced by a “foreign agent.” Fines for noncompliance with the law range from 10,000 to five million rubles ($133 to $66,500).

A parliamentary commission investigated alleged foreign interference into Russian domestic affairs. After the September 13 regional elections, the commission reported that “foreign agent” NGOs tried to discredit the election and undermine the confidence of Russians in the democratic procedures. According to the commission, the interference tactics were diverse and included disinformation on social networks and round-the-clock hacker attacks on the servers of the Russian Central Election Commission.

Violence and Harassment: Journalists continued to be subjected to arrest, imprisonment, physical attack, harassment, and intimidation as a result of their reporting. According to the Glasnost Defense Foundation, as of December incidents of violence and harassment against journalists included one killing, 42 attacks, 97 detentions by law enforcement officers, 46 prosecutions, 27 threats, and six politically motivated firings. Journalists and bloggers who uncovered government malfeasance or who criticized the government often faced harassment, either in the form of direct threats to their physical safety or threats to their livelihood, frequently through legal prosecution.

There were reports of attacks on journalists by government officials and police. For example, according to press reports, on June 30, a police officer severely injured David Frenkel, a journalist with the independent MediaZona outlet, as he was reporting on the nationwide vote on constitutional amendments in St. Petersburg. Frenkel was at a polling station investigating alleged violations of voting procedure. The head of the local voting commission requested that police remove Frenkel from the premises for purportedly interrupting the polling station’s work. A video widely circulated on social media showed the police officer tackling Frenkel, breaking his collarbone in the process. Frenkel was charged with three administrative offenses for allegedly interfering with the election commission’s work, ignoring police orders, and violating COVID-19 restrictions. Frenkel was eventually fined a nominal sum for the violations. His fines were upheld on appeal. Frenkel filed a lawsuit against the police officer involved; a preliminary investigation of the officer’s actions was reportedly launched but found no grounds for the opening of a case.

There were reports of police briefly detaining journalists to interfere with or punish them for their reporting. For example, on May 5, OVD-Info reported that police detained journalist Sergey Poznyakov as he was traveling to the editorial office of the newspaper Communists of Russia, where he worked as a correspondent. Police claimed they detained him because he did not show his documents, although Poznyakov asserted that he did. Police allegedly blocked the entrance to the newspaper’s office for five days, possibly in retaliation for its staff releasing red balloons, a symbolic gesture to communism, during a May Day celebration.

There were reports of police framing journalists for serious crimes to interfere with or punish them for their reporting. For example, Ivan Safronov, a former national security journalist for major national daily newspapers Kommersant and Vedomosti, was arrested by the FSB and charged with treason in July. Safronov was working as an aide to the head of the Russian space agency, Roscosmos, at the time of his arrest. The charges alleged Safronov was recruited by Czech intelligence agents in 2012 to pass sensitive Russian military information to another foreign government. Observers speculated the charges might be related to a 2017 Kommersant article coauthored by Safronov, detailing the potential sale of Russian military aircraft to Egypt. Safronov also provoked a strong reaction from the government for a 2019 article in Kommersant speculating on a shakeup of the leadership in the Federation Council. Safronov was subsequently fired from Kommersant, according to some accounts, due to government pressure on the publisher. Safronov’s supporters noted the treason charges complicated his defense in that independent examination of the evidence would likely be impossible. If convicted, Safronov faces up to 20 years in prison. As of December Safronov remained in custody.

There were reports of police raids on the offices of independent media outlets that observers believed were designed to punish or pressure the outlets. For example, in July police raided the offices and private homes of the opposition organization MBK Media and its associated human rights foundation, Open Russia. These raids were ostensibly connected to the continuing investigation of the Russian groups’ founder, Mikhail Khodorkovskiy, for alleged tax violations in 2003. Independent journalists believed the raids were actually tied to planned protests against recent constitutional amendments. MBK Media representatives pointed out that many of the staff members were only children in 2003, emphasizing their view that the raids were intended to interfere with their work.

In another example, in January Leonid Krivenkov, a retired cameraman for a major Russian state television broadcaster, was severely beaten by two unknown assailants. The attack came several weeks after Krivenkov gave multiple interviews detailing political censorship and corruption at the broadcaster. Krivenkov alleged the two men disparaged him for not respecting his homeland as they beat him. He was treated for a broken nose and severe bruising.

On October 15, journalist Sergey Plotnikov was abducted and beaten by unidentified persons in Khabarovsk, where he had been reporting on continuing protests in the city. He was reportedly handcuffed, driven into the forest outside the city, and threatened by shooting live rounds of ammunition into the ground near his feet. Plotnikov sustained a wound on his temple and was released the following morning.

Journalists reported threats in connection with their reporting. On April 13, Chechnya head Kadyrov posted a video statement on social media condemning Novaya Gazeta over an article alleging that local authorities’ response to COVID-19 was abusive. Kadyrov made death threats against the newspaper, stating that Russian authorities needed to stop Novaya Gazeta journalists before Chechen authorities would be forced to “commit a crime.” The article’s author, Yelena Milashina, had previously suffered an attack in Chechnya in February after she was ambushed and beaten by unknown assailants at her hotel. Kremlin spokesperson Dmitriy Peskov dismissed Kadyrov’s statement by saying that there was nothing out of the ordinary in Kadyrov’s reaction to Milashina’s reporting. On September 29, a Moscow court fined Novaya Gazeta for disseminating “fake” information in the article.

There was no progress during the year in establishing accountability in a number of high-profile killings of journalists, including the 2004 killing of Paul Klebnikov, the 2006 killing of Anna Politkovskaya, and the 2009 killing of Natalia Estemirova.

Censorship or Content Restrictions: The government directly and indirectly censored media, much of which occurred online (also see section 2.a., Internet Freedom and Academic Freedom and Cultural Events).

There were reports that the government retaliated against those who produced or published content it disliked. For example, the founder and editor of the independent news site Koza.Press, Irina Murakhtayeva (known professionally as Irina Slavina), was subjected to various forms of harassment and substantial fines by law enforcement in recent years. On October 1, law enforcement officers forcibly entered her Nizhny Novgorod apartment, ostensibly with a search warrant related to the civil society organization Open Russia. On October 2, Murakhtayeva committed suicide by self-immolation outside a regional Ministry of Internal Affairs building, writing on Facebook, “For my death, please blame the Russian Federation.”

There were reports that the government placed restrictions on printing presses to prevent them from printing materials for the political opposition. For example, on June 23, the Ministry of Internal Affairs’ center for combating extremism searched a printing house in St. Petersburg. Authorities detained three activists who ordered leaflets that opposed proposed constitutional amendments and criticized President Putin. The activists were charged under an article on production or distribution of campaign materials in violation of the law during elections and referenda.

Self-censorship in independent media was also reportedly widespread.

Libel/Slander Laws: Officials at all levels used their authority to restrict the work of and to retaliate against journalists and bloggers who criticized them, including taking legal action for alleged slander or libel, which are criminal offenses. For example, on June 15, the Investigative Committee opened a criminal libel case against anticorruption crusader, opposition activist, and prominent blogger Aleksey Navalny after he used social media to criticize a WWII veteran’s participation in a propaganda video supporting President Putin’s constitutional amendments package. Navalny faced penalties ranging from a substantial monetary fine to 240 hours of community service if convicted.

National Security: Authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government or deter criticism of government policies or officials. For example, on September 9, Russian military historian Andrey Zhukov was convicted of high treason and sentenced to 12.5 years in prison. Zhukov was arrested in 2018 on allegations linked to “the history of the Russian Armed Forces and his vigorous activity online.” According to Zhukov’s colleagues, his interests included the formation, reassignment, and deployment of the country’s military units from World War I to the present. Before his arrest, Zhukov was also researching participants in World War II, their relatives, and their military awards.

There were reports that authorities charged journalists with terrorism offenses in retaliation for their reporting. For example, in June 2019 security services in Dagestan arrested Abdulmumin Gadzhiyev, a journalist and head of the religious affairs section of the independent newspaper Chernovik. Chernovik had long reported threats, politically motivated prosecutions, and other pressure for its work uncovering corruption and wrongdoing by local officials. In 2012 the newspaper’s editor in chief fled the country after receiving death threats, and its founder was shot 14 times outside the newspaper’s office in 2011, a crime that remained unsolved. Authorities charged Gadzhiyev and 10 codefendants with “taking part in the activities of a terrorist organization” and “organizing the financing of a terrorist organization” for purportedly diverting charitable donations to support the Islamic State in Syria. Conviction on the charges may result in up to 20 years’ imprisonment. Human rights defenders emphasized the charges were entirely based on a confession by a suspect who subsequently maintained that it was false and coerced, that Gadzhiyev had written critically of the Islamic State, and that there were other contradictions in the state’s case. They maintained that the case against him was fabricated. Gadzhiyev has remained in detention awaiting trial after a court repeatedly extended his pretrial detention. In April additional charges were filed against Gadzhiyev in Dagestan accusing him of participating in an extremist organization. The charges carry up to an additional 10 years in prison if Gadzhiyev is convicted. Memorial declared him to be a political prisoner.

There were reports that critics of the government’s counterterrorism policies were themselves charged with “justifying terrorism.” For example, on July 6, Pskov-based Radio Free Europe/Radio Liberty contributor Svetlana Prokopyeva was convicted of “justifying terrorism” and fined in relation to a 2018 radio piece that delved into the motivations of a teenage suicide bomber who had attacked a regional FSB office. In the piece Prokopyeva discussed whether the country’s repressive political environment might have influenced the attack. Prosecutors sought a six-year prison sentence for Prokopyeva, who was ultimately required only to pay a fine and was able to avoid incarceration. As she had been charged under antiterrorism laws, however, Prokopyeva was placed on a government list of “terrorists and extremists,” barring her from foreign travel as a result.

Internet Freedom

The government monitored all internet communications (see also section 1.f.).

The law requires internet providers to install equipment to route web traffic through servers in the country. The government continued to employ its longstanding use of the System for Operative Investigative Activities, which requires internet service providers (ISPs) to install, at their own expense, a device that routes all customer traffic to an FSB terminal. The system enables police to track private email communications, identify internet users, and monitor their internet activity. Internet advocates asserted the measure allows for surveillance by intelligence agencies and enables state authorities to control information and block content. The law also envisions the creation of an independent domain name system (DNS) for the country, separate from the global DNS. In July the Account Chamber announced that the proposed plan to create an independent DNS did not meet its deadline, citing COVID-19 related delays.

The law requires domestic and foreign businesses to store citizens’ personal data on servers located in the country. Companies that ignore this requirement risk being fined, blocked, or both. The law provides that companies refusing to localize Russian users’ data may be subject to penalties ranging from 5,000 rubles ($66) to six million rubles ($78,700), with fines of up to 18 million rubles ($236,000) for repeat offenses. In 2016 Roskomnadzor blocked access to the foreign-based professional networking website LinkedIn for failure to comply with the law; the service remained unavailable in the country without a virtual private network (VPN) service. In February a Moscow district court fined Twitter and Facebook 4.7 million rubles ($62,800) each for refusing to store the data of Russian users on servers located inside Russia. The two companies were also reportedly at risk of further fines for noncompliance with this requirement.

Telecommunications companies are required to store user data and make it available to law enforcement bodies. Companies are required to store users’ voice records for six months, and electronic correspondence (audio, images, and video) for three months.

Observers believed that the country’s security services were able to intercept and decode encrypted messages on at least some messaging platforms. The law requires telecommunications providers to provide authorities with “backdoors” around encryption technologies. Companies are fined up to six million rubles ($79,300) if they refuse to provide the FSB with decryption keys that would allow them to read users’ correspondence. The government blocked access to content and otherwise censored the internet. Roskomnadzor maintained a federal blacklist of internet sites and required ISPs to block access to web pages that the agency deemed offensive or illegal, including information that was already prohibited, such as items on the Federal List of Extremist Materials. The law gives the prosecutor general and Roskomnadzor authority to demand that ISPs block websites that promote extremist information and “mass public events that are conducted in violation of appropriate procedures.” According to the internet freedom NGO Roskomsvoboda, as of September a total of five million websites were unjustly blocked in the country. On August 10, a Moscow court fined Google for repeatedly failing to filter contents prohibited in Russia.

The law requires owners of internet search engines (news aggregators) with more than one million daily users to be accountable for the truthfulness of “publicly important” information before its dissemination. Authorities may demand that content deemed in violation be removed and impose heavy fines for refusal.

A law on the “right to be forgotten” allows individuals in the country to request that search-engine companies block search results that contain information about them. According to Freedom House’s 2020 Freedom on the Net report, the law was “routinely applied to require search engines to delete links to websites that contain personal information about an individual if it is no longer considered relevant.”

There was a growing trend of social media users being prosecuted for the political, religious, or other ideological content of posts, shares, and “likes,” which resulted in fines or prison sentences (see section 2.a., Freedom of Expression, Including for the Press).

The government prohibited online anonymity. The law requires commercial VPN services and internet anonymizers to block access to websites and internet content prohibited in the country. The law also authorizes law enforcement agencies, including the Ministry of Internal Affairs and FSB, to identify VPN services that do not comply with the ban by Roskomnadzor. By law Roskomnadzor may also block sites that provide instructions on how to circumvent government blocking. When the law came into force in 2017, Roskomnadzor announced that the majority of commercial VPNs and anonymizers used in the country had registered and intended to comply with the law, although most foreign-based VPNs had not. In March, Roskomnadzor announced the launch of an automated system for checking proxies, VPNs, and search engines for compliance with the requirements for blocking access to prohibited sites.

The law prohibits companies registered as “organizers of information dissemination,” including online messaging applications, from allowing anonymous users. Messaging applications and platforms that fail to comply with the requirements to restrict anonymous accounts may be blocked. In June 2019 authorities demanded that dating app Tinder provide messages and photos exchanged by users of the service.

There were reports of politically motivated cyberattacks. In March the Digital Revolution hackers group announced that the FSB had purchased the Fronton program, which allows for cyberattacks to crash servers and hack smart devices. On May 5, a political activist in St. Petersburg, Denis Mikhailov, reported a spam attack on the anniversary of an anti-Putin protest. Mikhailov noted that he received several hundred telephone calls from unknown numbers on that day.

Academic Freedom and Cultural Events

The government took further steps during the year to restrict academic freedom and cultural events.

There were reports that the government censored textbooks, curricula, and other school materials. For example, in January the state university Higher School of Economics (HSE) published amendments to its student rules and labor regulations. These changes limited the rights of students to make political statements on behalf of student groups, effectively prohibiting activities by students or faculty deemed “socially divisive” by university administrators. Student newspapers also lost their status as student groups at the university, eliminating their school funding. The policy changes were seen as a direct response to a number of high-profile student political protests and the appearance of an opposition leader on a student talk show in 2019.

There were reports that the government sanctioned academic personnel for their teachings, writing, research, or political views. In August the HSE decided not to renew the contracts of five lecturers due to the “reorganization” of the university. Among the lecturers was Kirill Martynov, a political correspondent for the independent Novaya Gazeta newspaper. Martynov claimed the official explanation for HSE’s failure to renew his contract was dubious, suggesting that it was related to his journalistic work. The university also failed to renew the contract of world-renowned sociologist Ella Paneyakh. Media outlets reported that HSE administrators asked their faculty members not to criticize Russian authorities while publicly identifying with the university.

During the year authorities in Chechnya retaliated against artists for alleged lack of compliance with local traditions. In July Chechnya head Kadyrov announced that singers who appear in public (including at weddings) must have their lyrics approved by the Chechen Ministry of Culture and a special commission that checks them for compliance with “the Chechen mentality.”

In June a Moscow court convicted well-known theater director Kirill Serebrennikov of embezzlement and sentenced him to a fine, three years of probation, and a three-year ban on leading a state-funded cultural institution in Russia. Serebrennikov had been on trial since 2018 for embezzlement of state funds to stage a Shakespeare play that the government alleged he never produced. According to media outlets, however, the play had been staged more than 15 times, and observers believed the charges were politically motivated, citing Serebrennikov’s participation in antigovernment protests and criticism of government policies. The prosecution was widely seen by observers as a warning to the artistic community as a whole.

There were reports that authorities failed to protect performers and audiences from threats and physical attacks during cultural events they opposed. For example, on January 30, The Economist magazine reported that teatr.doc, an experimental theater company based in Moscow, was attacked by an ultraconservative group during a play that explored LGBTI themes. The agitators allegedly entered the theater, stopped the play, and shouted homophobic slurs. Police were called in and a fight broke out, but no charges were brought. On another occasion, bomb threats were called in to the theater, forcing the performance to stop and providing authorities an opportunity to check audience members’ documents.

There were reports that authorities forced the cancellation of concerts of musicians who had been critical of the government. In most cases the FSB or other security forces visited the music venues and “highly recommended” cancelation of the concerts, which the owners and managers understood as a veiled threat against the venue if they did not comply. For example, on January 28, Novaya Gazeta reported that the Prosecutor’s Office in the Kaluga region warned the organizers of a concert by the ska-punk band Distemper that the band’s lyrics contained “propaganda of radical anarchist views” and reminded them that they faced criminal liability for “incitement to extremist activity.” As a result the organizers decided to cancel the concert.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The law provides for freedom of assembly, but local authorities restricted this right. The law requires organizers of public meetings, demonstrations, or marches by more than one person to notify the government, although authorities maintained that protest organizers must receive government permission, not just provide notification. Failure to obtain official permission to hold a protest resulted in the demonstration being viewed as unlawful by law enforcement officials, who routinely dispersed such protests. While some public demonstrations took place, on many occasions local officials selectively denied groups permission to assemble or offered alternate venues that were inconveniently or remotely located. Many public demonstrations were restricted or banned due to COVID-19 measures. Each region enforced its own restrictions. As of September, Moscow and St. Petersburg had banned all mass events.

Although they do not require official approval, authorities restricted single-person pickets and required that there be at least 164 feet separating protesters from each other. In 2017 the Constitutional Court decreed that police officers may stop a single-person picket to protect the health and safety of the picketer. In July the Ministry of Internal Affairs announced that single-person pickets are considered mass events and violate the COVID-19-related ban on mass gatherings.

The law requires that “motor rallies” and “tent city” gatherings in public places receive official permission. It requires gatherings that would interfere with pedestrian or vehicle traffic to receive official agreement 10 days prior to the event; those that do not affect traffic require three days’ notice. The law prohibits “mass rioting,” which includes teaching and learning about the organization of and participation in “mass riots.” The law allows authorities to prohibit nighttime demonstrations and meetings and levy fines for violating protest regulations and rules on holding public events.

The law provides heavy penalties for engaging in unsanctioned protests and other violations of public assembly law. Protesters convicted of multiple violations within six months may be fined substantially or imprisoned for up to five years. The law prohibits “involving a minor in participation in an unsanctioned gathering,” which is punishable by fines, 100 hours of community service, or arrest for up to 15 days.

Arrests or detentions for organizing or taking part in unsanctioned protests were common. The July 9 arrest of Khabarovsk Kray governor Sergey Furgal sparked more than four months of continuous protests in the region, with solidarity protests occurring in other Russian Far East cities including Vladivostok, Birobidzhan, and on Sakhalin Island. None of the protests was sanctioned by authorities. According to official Khabarovsk Kray statistics, between July 11 and September 6, a total of 4,126 citations were issued for drivers participating in motor rallies that “interfered” with the flow of traffic, 173 citations were issued for participation in an unsanctioned meeting, and 22 individuals were detained. Among those detained and fined was Father Andrey, an Orthodox priest who did not chant slogans or hold placards. He received the largest fine during the series of protests and was detained for three days.

In another example, on April 20, authorities detained at least 69 protesters in North Ossetia’s capital, Vladikavkaz, who opposed the government’s policy imposing self-isolation due to public-health concerns. The 2,000-person protest demanded economic support during the pandemic.

Police often broke up protests that were not officially sanctioned, at times using disproportionate force. For example, on July 19, police officers reportedly severely beat Academy of Science biochemist Anton Rasin, who was participating in a march in Vladivostok in solidarity with the Khabarovsk protests. Rasin claimed officers beat him when he asked plainclothes officers to produce their identification. On July 20, he was convicted and sentenced to five days in jail by the court for failure to obey law enforcement directions.

Authorities regularly detained single-person picketers. For example, on April 26, police detained Andrey Boyarshinov in Kazan while standing in a single-person picket to protest the demolition of a prerevolutionary building. Police claimed that Boyarshinov was in violation of a self-isolation order in connection with the COVID-19 pandemic.

Freedom of Association

The constitution provides for freedom of association, but the government did not respect it. Public organizations must register their bylaws and the names of their leaders with the Ministry of Justice. The finances of registered organizations are subject to investigation by tax authorities, and foreign grants must be registered.

The government continued to use the “foreign agents” law, which requires NGOs that receive foreign funding and engage in “political activity” to register as “foreign agents,” to harass, stigmatize, and, in some cases, halt their operation, although fewer organizations were registered than in previous years. As of December the Ministry of Justice’s registry of organizations designated as “foreign agents” included 75 NGOs. NGOs designated as “foreign agents” are banned by law from observing elections and face other restrictions on their activity.

For the purposes of implementing the foreign agents law, the government considered “political activities” to include: organizing public events, rallies, demonstrations, marches, and pickets; organizing and conducting public debates, discussions, or presentations; ‎participating in election activities aimed at influencing the result, including election observation and forming commissions; public calls to influence local and state government bodies, including calling for changes to legislation; disseminating opinions and decisions of state bodies by technology; and attempting to shape public political views, including public opinion polls or other sociological research.

To be delisted, an NGO must submit an application to the Ministry of Justice proving that it did not receive any foreign funding or engage in any political activity within the previous 12 months. If the NGO received any foreign funding, it must have returned the money within three months. The ministry would then initiate an unscheduled inspection of the NGO to determine whether it qualified for removal from the list.

The law on “foreign agents” requires that NGOs identify themselves as “foreign agents” in all of their public materials. Authorities fined NGOs for failing to disclose their “foreign agent” status on websites or printed materials. For example, as of August the human rights NGO Memorial was fined at least 24 times for purported violations of the “foreign agents” law. The fines totaled more than five million rubles ($66,500). On December 3, the Prosecutor General’s Office (PGO) initiated a search of Memorial’s Moscow headquarters to verify compliance with the “foreign agents” law. Media reported that the PGO’s “verification” would continue through December 29 and involve requests to review hundreds of documents, in what Memorial characterized as an effort to harass the NGO and hinder its work.

Organizations the government listed as “foreign agents” reported experiencing the social effects of stigmatization, such as being targeted by vandals and online criticism, in addition to losing partners and funding sources and being subjected to smear campaigns in the state-controlled press. At the same time, the “foreign agent” label did not necessarily exclude organizations from receiving state-sponsored support. As of September 2019, four NGOs labeled as “foreign agents” had received presidential grants for “socially oriented projects.”

The law requires the Ministry of Justice to maintain a list of “undesirable foreign organizations.” The list expanded during the year to 31 organizations, since the Ministry of Justice added the European Endowment for Democracy, the Jamestown Foundation, Project Harmony, Inc., seven organizations associated with Falun Gong, the Prague Civil Society Center, and the Association of Schools of Political Studies of the Council of Europe. By law a foreign organization may be found “undesirable” if it is deemed “dangerous to the foundations of the constitutional order of the Russian Federation, its national security, and defense.” Authorities have not clarified what specific threats the “undesirable” NGOs posed to the country. Any foreign organization deemed “undesirable” must cease its activities. Any money or assets found by authorities may be seized, and any citizens found guilty of continuing to work with the organization in contravention of the law may face up to seven years in prison.

Authorities imposed criminal penalties for purported violations of the law on “undesirable foreign organizations.” On October 2, a Krasnodar court convicted and sentenced Yana Antonova, a pediatric surgeon and a former coordinator of Open Russia in Krasnodar, to 240 hours of forced labor for “participating” in activities of “undesirable foreign organization.” Open Russia was declared an “undesirable foreign organization” in 2017. Authorities opened a criminal case against Antonova in March 2019 for reposting articles on her social media accounts and for conducting a single-person picket.

NGOs engaged in political activities or activities that purportedly “pose a threat to the country” or that received support from U.S. citizens or organizations are subject to suspension under the 2012 “Dima Yakovlev” law, which also prohibits NGOs from having members with dual Russian-U.S. citizenship.

Authorities continued to misuse the country’s expansive definition of extremism to stifle freedom of association. In 2017 the Supreme Court criminalized the activity of members of Jehovah’s Witnesses, prohibiting all activity of Jehovah’s Witnesses’ legal entities throughout the country and effectively banning their worship. The parent organization of the Jehovah’s Witnesses and its regional branches were placed on the Justice Ministry’s list of “extremist” groups, and members were subject to imprisonment, detention, house arrest, or criminal investigation participating in the activities of a “banned extremist organization” (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

There were reports civil society activists were beaten or attacked in retaliation for their professional activities and that in most cases law enforcement officials did not adequately investigate the incidents. For example, media outlets reported that on August 13 in St. Petersburg, Aleksandr Shurshev, a lawyer at the local office of Aleksey Navalny’s team, was beaten for the fourth time in a year. According to Shurshev, police did not respond to any of his reports of attacks.

In multiple cases, authorities arbitrarily arrested and prosecuted civil society activists in political retaliation for their work (see section 1.e.).

There were reports authorities targeted NGOs and activists representing the LGBTI community for retaliation (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but in some cases authorities restricted these rights.

In-country Movement: Although the law gives citizens the right to choose their place of residence, adult citizens must carry government-issued internal passports while traveling domestically and must register with local authorities after arriving at a different location. To have their files transferred, persons with official refugee or asylum status must notify the Ministry of Internal Affairs in advance of relocating to a district other than the one that originally granted them status. Authorities often refused to provide government services to individuals without internal passports or proper registration, and many regional governments continued to restrict this right through residential registration rules.

Authorities imposed in-country travel restrictions on individuals facing prosecution for political purposes.

Foreign Travel: The law provides for freedom to travel abroad, but the government restricted this right for certain groups. The law stipulates, for example, that a person who violates a court decision does not have a right to leave the country. A court may also prohibit a person from leaving the country for failure to satisfy debts; if the individual is suspected, accused, or convicted of a crime; or if the individual had access to classified material. The law allows for the temporary restriction of the right to leave the country for citizens with outstanding debts. According to press reports citing statistics from the Federal Bailiff Service, approximately 10 million Russians were unable to leave the country because of debts in 2019.

Since 2014 the government restricted the foreign travel of millions of its employees, prescribing which countries they are and are not allowed to visit. The restriction applies to employees of agencies including the Prosecutor General’s Office, the Ministry of Internal Affairs, the Ministry of Defense, the Federal Prison Service, the Federal Drug Control Service, the Federal Bailiff Service, the General Administration for Migration Issues (GAMI), and the Ministry of Emergency Situations.

Citizenship: There were reports that the government revoked citizenship on an arbitrary or discriminatory basis. For example, in April the Internal Affairs Ministry stripped the citizenship of Feliks Makhammadiyev and Konstantin Bazhenov, two members of Jehovah’s Witnesses convicted of “extremism” on the basis of their religious beliefs. Makhammadiyev was left stateless as a result. As of November Makhammadiyev was still serving a three-year prison term. In another case Yevgeniy Kim, who served more than three years in a Russian prison for conviction of “extremism,” was rendered stateless in January 2019 when Sverdlovsk region authorities canceled a 2005 decision to grant him citizenship after he had given up his Uzbek citizenship. Since his release in April 2019, Kim has been held in a migration detention center awaiting deportation to Uzbekistan, where authorities continued to refuse to accept him since he no longer held citizenship there.

e. Status and Treatment of Internally Displaced Persons

The Internal Displacement Monitoring Center (IDMC) estimated the country was home to 5,300 internally displaced persons (IDPs) as of December 2019. Of the 5,300 IDPs, the IDMC asserted that 1,800 were due to conflict and violence.

According to the government’s official statistics, the number of “forced” migrants, which per government definition includes refugees, asylum seekers, and IDPs, decreased from 9,485 in 2019 to 5,323 in June, of whom 1,085 were IDPs. The government indicated that the majority of forced migrants came from former Soviet republics, namely Georgia, Kazakhstan, and Uzbekistan.

Reliable information on whether the government promoted the safe, voluntary, dignified return, resettlement, or local integration of IDPs was not available. According to Svetlana Gannushkina from the independent NGOs Civic Assistance Committee and Memorial, most IDPs in the country were displaced by the Ossetian-Ingush conflict of 1992 and the Chechen wars in the mid-1990s and early 2000s. The Ossetian-Ingush conflict displaced Ingush people from the territory of North Ossetia-Alania, and the Chechen wars displaced Chechens. The government provided minimal financial support for housing to those who are registered as IDPs, but the Civic Assistance Committee criticized the government’s strict rules to qualify and the long line to wait for housing support.

f. Protection of Refugees

The UN High Commissioner for Refugees (UNHCR) reported it had a working relationship with the government on asylum, refugee, and stateless persons problems. The Civic Assistance Committee reported, however, that the government failed to provide protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that police detained, fined, and threatened with deportation migrants, refugees, and stateless persons.

The government considered Ukrainian asylum seekers to be separate from asylum seekers from other countries, such as Afghanistan, Georgia, Syria, Sudan, and Yemen. In some cases temporary asylum holders who received refugee status from third countries were not granted exit visas or allowed to depart the country.

In March the country closed its borders in response to the COVID-19 pandemic, trapping many migrants within the country. Many lost their jobs during that time and faced erratic and ad hoc repatriation measures. Lacking information and fearing the reintroduction of more stringent in-country travel restrictions, many found themselves on the street or stuck in makeshift camps near a transport hub until the country gradually opened up the borders after several months. For example, on September 21, Human Rights Watch reported on a temporary tent camp in the Samara region that housed approximately 4,500 Uzbek migrants who were waiting for a train to take them back to their country. Many had been there for months, living in extremely cramped, substandard conditions with no certainty of when they would be able to leave the country safely. On September 24, the department of the All-Russian Congress of Uzbekistanis in the Samara region announced that these migrants were granted permission to leave the country by October 3.

Refoulement: The concept of nonrefoulement is not explicitly stated in the law. The government provided some protection against the expulsion or return of persons to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. The responsible agency, GAMI, did not maintain a presence at airports or other border points and did not adequately publicize that asylum seekers may request access to the agency. Asylum seekers had to rely on the goodwill of border guards and airline personnel to call immigration officials. Otherwise they faced immediate deportation to neighboring countries or return to their countries of origin, including in some cases to countries where they may have had reasonable grounds to fear persecution. While there were no statistics available on the number of persons subjected to such actions, in May the Civic Assistance Committee reported “the scale of expulsion of refugees must be considerable.”

Human rights groups continued to allege that authorities made improper use of international agreements that permit them to detain, and possibly repatriate, persons with outstanding arrest warrants from other former Soviet states. This system, enforced by informal ties among senior law enforcement officials of the countries concerned, permitted authorities to detain individuals for up to one month while the Prosecutor General’s Office investigated the nature of the warrants. International organizations reported six cases of refoulement of asylum seekers in 2018, and NGOs cited cases in which officials detained persons (most commonly from Central Asia) and returned them clandestinely to their country of origin.

In an example of clandestine repatriation, on September 1, Shobuddin Badalov, an activist from the Group 24 movement that is banned in Tajikistan, reportedly disappeared in Nizhny Novgorod. His lawyer and associates believed he was kidnapped and extradited without judicial process to Tajikistan. Badalov had been granted temporary asylum status in 2019. On October 3, the Ministry of Internal Affairs stated that Badalov had voluntarily flown from Moscow’s Domodedovo International Airport to Dushanbe on September 1. On November 3, the government of Tajikistan confirmed Badalov’s detention in Tajikistan.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. NGOs reported applicants commonly paid informal “facilitation fees” of approximately 33,000 rubles ($440) to GAMI adjudicators to have their application reviewed. Applicants who did not speak Russian often had to pay for a private interpreter. Human rights organizations noted that nearly all newly arrived asylum seekers in large cities, particularly Moscow and St. Petersburg, were forced to apply in other regions, allegedly due to full quotas. NGOs also noted difficulty in applying for asylum due to long queues and lack of clear application procedures. GAMI approved only a small percentage of applications for refugee status and temporary asylum, except for Ukrainians whose applications had a much higher chance of approval.

Human rights organizations noted the government’s issuance of refugee and temporary asylum status decreased steadily over the previous few years, pointing to the government’s systematic and arbitrary refusal to grant asylums. NGOs also reported that authorities encouraged applicants to return to their countries of origin.

Authorities reportedly also had blanket authority to grant temporary asylum to Syrians, but local migration experts noted a decrease in the number of Syrians afforded temporary asylum, suggesting that GAMI had not renewed the temporary asylum of hundreds of Syrians and, in some cases, encouraged applicants to return to Syria.

Employment: Employers frequently refused to hire applicants who lacked residential registration. UNHCR reported that employers frequently were not familiar with laws permitting employment for refugees without work permits and refused to hire them. NGOs reported that refugees and migrants were vulnerable to exploitation in the form of forced labor because of the lack of proper documents and insufficient Russian language skills.

Access to Basic Services: By law successful temporary asylum seekers and persons whose applications were being processed have the right to work, to receive medical care, and to attend school. NGOs reported authorities provided some services to Ukrainian asylum seekers, but there were instances in which applicants from other countries were denied the same service, including access to medical care and food banks.

While federal law provides for education for all children, regional authorities occasionally denied access to schools to children of temporary asylum and refugee applicants who lacked residential registration or who did not speak Russian. The Civic Assistance Committee reported that approximately one-third of the children of refugees were enrolled in schools. When parents encountered difficulties enrolling their children in school, authorities generally cooperated with UNHCR to resolve the problem.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. As of January 1, some 41,946 persons, 96 percent of whom were citizens of Ukraine, held a certificate of temporary asylum in Russia. A person who does not satisfy the criteria for refugee status, but who for humanitarian reasons could not be expelled or deported, may receive temporary asylum after submitting a separate application. There were reports, however, of authorities not upholding the principle of temporary protection.

g. Stateless Persons

According to the 2010 population census, the country was home to 178,000 self-declared stateless persons. Official statistics did not differentiate between stateless persons and other categories of persons seeking assistance. Law, policy, and procedures allow stateless persons and their children born in the country to gain nationality. The Civic Assistance Committee noted that most stateless persons in the country were elderly, ill, or single former Soviet Union passport holders who missed the opportunity to claim Russian citizenship after the Soviet Union broke up. The NGO reported various bureaucratic hurdles as obstacles to obtaining legal status in the country.

While the law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, citizens could not fully do so because the government limited the ability of opposition parties to organize, register candidates for public office, access media outlets, and conduct political campaigns.

Elections and Political Participation

Recent Elections: On July 1, the government conducted a national vote on a package of constitutional amendments. This vote was not legally a referendum and was considered by most experts to be extraconstitutional. As such it was not bound by Russia’s normal election laws, and domestic observers were not provided a role in monitoring the poll’s conduct. Authorities mobilized administrative resources to drive up voter participation, which in effect functioned as a de facto campaign in favor of the government’s proposed amendments, while those seeking to campaign publicly against the amendments were denied the opportunity. Because the vote was not legally a referendum, no international observers were present to monitor the process.

The Organization for Security and Cooperation in Europe (OSCE) reported that the 2018 presidential election “took place in an overly controlled environment, marked by continued pressure on critical voices” and that “restrictions on the fundamental freedoms, as well as on candidate registration, have limited the space for political engagement and resulted in a lack of genuine competition.” The OSCE also noted that “television, and in particular broadcasters that are state funded, owned, or supported, remains the dominant source of political information. A restrictive legislative and regulatory framework challenges freedom of media and induces self-censorship. Voters were thus not presented with a critical assessment of the incumbent’s views and qualifications in most media.” Observers widely noted that the most serious potential challenger, Aleksey Navalny, was prevented from registering his candidacy due to a previous politically motivated criminal conviction.

In a statement on the 2016 State Duma elections, the OSCE’s election observation mission noted, “Democratic commitments continue to be challenged and the electoral environment was negatively affected by restrictions to fundamental freedoms and political rights, firmly controlled media and a tightening grip on civil society…Local authorities did not always treat the candidates equally, and instances of misuse of administrative resources were noted.”

The September 13 elections of 18 governors and 11 regional legislative bodies were marked by similar allegations of government interference and manipulation. Independent election monitors logged thousands of reported abuses during these elections at the regional and local levels. For example, in a case that was emblematic of many others, the election commission of the Arkhangelsk region announced on August 4 that environmental activist Oleg Mandrykin, nominated by the opposition Yabloko Party to run in the gubernatorial election, had failed to pass the municipal filter. The election commission claimed he had not collected the required number of signatures from the municipal districts and thus was disqualified from running for the post of governor. Mandrykin reported that his supporters had faced “unprecedented pressure” from regional authorities.

Authorities sought to restrict the work of independent election monitors and promoted government-sponsored monitoring instead. Observers were prohibited from being accredited to more than one polling station, limiting the ability of civil society to monitor elections. Critics contended that the law made it difficult for domestic election monitors to conduct surprise inspections due to provisions requiring observers to register with authorities, including the polling station they intended to monitor, three days before elections. Burdensome registration regulations also hampered the work of journalists wishing to monitor elections as well as independent or nonpartisan groups.

The election-monitoring NGO Golos announced that the September 13 election took place under the worst electoral regulations in 25 years, with greater limits on the electoral rights of citizens and increased attacks on the rights of election observers. For example, on September 9, in the Ivanovo and Novgorod regions, security officials searched the apartments of public observation organizers, including Ruslan Zinatullin, the head of the Tatarstan branch of the Yabloko Party. Authorities continued to hamper the efforts of Golos to take part in the election process, since its work was made more difficult by a law prohibiting NGOs listed as “foreign agents,” as well as by continuing harassment and intimidation by authorities.

Political Parties and Political Participation: The process for nominating candidates for office was highly regulated and placed significant burdens on opposition parties and their candidates. While parties represented in the State Duma may nominate a presidential candidate without having to collect and submit signatures, prospective self-nominated presidential candidates must collect 300,000 signatures, no more than 7,500 from each region, and submit the signatures to the Central Election Commission for certification. Presidential candidates nominated by parties without State Duma representation must collect 100,000 signatures. An independent presidential candidate is ineligible to run if the commission finds more than 5 percent of signatures invalid.

Candidates to the State Duma may be nominated directly by constituents, political parties in single-mandate districts, or political parties on their federal list, or they may be self-nominated. Political parties select candidates for the federal lists from their ranks during party conventions via closed voting procedures. Party conventions also select single mandate candidates. Only political parties that overcame the 5 percent threshold during the previous elections may form federal and single-mandate candidate lists without collecting signatures, while parties that did not must collect 200,000 signatures to register a candidate for the Duma. Self-nominated candidates generally must gather the signatures of 3 percent of the voters in their districts.

Gubernatorial candidates nominated by registered political parties are not required to collect signatures from members of the public, although self-nominated candidates are. The law also requires gubernatorial candidates not nominated by a registered party to meet a “municipal filter” requirement. Such candidates must obtain signatures of support from a defined portion of municipal deputies, the portion of which varies by region, as well as collect signatures from at least one deputy in each of a specified portion of municipal council districts.

Observers and would-be candidates reported the municipal filter was not applied equally and that authorities pressured municipal deputies not to provide signatures to candidates who were not preapproved by authorities. They asserted that no independent candidate with the potential to defeat authorities’ favored candidates was permitted to pass through the municipal filter, while progovernment candidates were passed through the filter without fulfilling technical requirements.

In some cases opposition parties were repeatedly denied registration or faced court-mandated suspensions of their activities. On January 14, the Supreme Court ruled to suspend for three months the work of opposition leader Dmitriy Gudkov’s political party, Party of Change (officially known as Civic Initiative). The Justice Ministry filed a lawsuit against the party after refusing to register its charter because the party purportedly failed to provide the minutes from its meeting.

Authorities continued to engage in a pattern of harassment, including threats of violence, against Navalny and his supporters. On July 23, Dmitry Nizovtsev, the host of the YouTube channel for Navalny’s headquarters in Khabarovsk, was assaulted after he broadcast from a march organized to support ousted Khabarovsk Kray governor Sergey Furgal. He claimed that his attackers were linked to authorities and beat him because of his reporting and association with Navalny.

Systemic opposition parties (i.e., quasi-independent parties permitted by the government to appear on the ballot) also faced pressure. For example, media outlets reported on August 31 that representatives of the Communist Party and the Liberal Democratic Party were attacked in Novosibirsk in the run-up to the September 13 regional election, including the headquarters of Roman Yakovlev, a candidate from the Communist Party. On July 26, the Communist Party also reported that its candidates had problems with passing the municipal filter in at least three regions.

State entities or entities closely aligned with the state also influenced their employees to vote a certain way. In Omsk workers from Russian Railways told journalists they were encouraged to photograph themselves with their completed ballots for the July 1 national vote on constitutional amendments. In Yekaterinburg the clergy of some Russian Orthodox Churches encouraged their parishioners to vote in favor of the constitutional amendments.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, and they did participate. Women held less than 20 percent of elected seats in the national legislature. As of January women held approximately 5 percent of ministerial positions. While members of national minorities took an active part in political life, ethnic Russians, who constituted approximately 80 percent of the population, dominated the political and administrative system, particularly at the federal level.

A variety of domestic and international human rights groups operating in the country investigated and published their findings on human rights cases. Government officials were rarely cooperative or responsive to their concerns. Official harassment of independent NGOs continued and, in many instances, intensified, particularly of groups that focused on monitoring elections, engaging in environmental activism, exposing corruption, and addressing human rights abuses. NGO activities and international humanitarian assistance in the North Caucasus were severely restricted, especially in Chechnya, which closed its borders in April, purportedly to limit the spread of COVID-19. Some officials, including High Commissioner for Human Rights Tatyana Moskalkova and her regional representatives, regularly interacted and cooperated with NGOs.

Authorities continued to use a variety of laws to harass, stigmatize, and in some cases halt the operation of domestic and foreign human rights NGOs (see section 2.b., Freedom of Association).

Officials often displayed hostility toward the activities of human rights organizations and suggested their work was unpatriotic and detrimental to national security. For example, Mikhail Degtyaryov, who was appointed interim governor of Khabarovsk Kray in July, warned against believing news reports about him, asserting that negative stories reveal “the hand of the West” and “it’s not for nothing that there are so many suspicious NGOs in Russia.”

Authorities continued to apply a number of indirect tactics to suppress or close domestic NGOs, including the application of various laws and harassment in the form of prosecution, investigations, fines, and raids (see sections 1.e. and 2.b.).

Authorities generally refused to cooperate with NGOs that were critical of government activities or listed as a foreign agent. International human rights NGOs had almost no presence east of the Ural Mountains or in the North Caucasus. A few local NGOs addressed human rights problems in these regions but often chose not to work on politically sensitive topics to avoid retaliation by local authorities. One NGO in this region reported that the organization’s employees sometimes had to resort to working in an individual capacity rather than as representatives of the organization.

The United Nations or Other International Bodies: Authorities refused to cooperate with the OSCE Moscow Mechanism rapporteur investigating human rights abuses in Chechnya in 2018 and did not permit him to visit the country. Two years after the release of the rapporteur’s report, the government still had not provided the OSCE a substantive response to the report or taken action to address the report’s recommendations.

Government Human Rights Bodies: Some government institutions continued to promote human rights and intervened in selected abuse complaints, despite widespread doubt as to these institutions’ effectiveness.

Many observers did not consider the 168-member Civic Chamber, composed of government-appointed members from civil society organizations, to be an effective check on the government.

The Presidential Council for Civil Society and Human Rights (HRC) is an advisory body to the president tasked with monitoring systemic problems in legislation and individual human rights cases, developing proposals to submit to the president and government, and monitoring their implementation. The president appoints some council members by decree, and not all members operated independently. In October 2019 President Putin overhauled the HRC, dismissing several well respected human rights defenders from the council and appointing Valeriy Fadeyev, a senior member of the ruling United Russia party, as its head. Experts noted that Fadeyev worked closely with government authorities and often echoed their assessment of well-known human rights cases. In a July 8 interview with Kommersant, Fadeyev stated he did not believe there were more than 300 political prisoners in the country and that organizations such as Memorial needed to be “more careful” with their lists.

High Commissioner for Human Rights Tatyana Moskalkova was viewed as a figure with very limited autonomy. The country had regional ombudspersons in all regions with responsibilities similar to Moskalkova’s. Their effectiveness varied significantly, and local authorities often undermined their independence.

Women

Rape and Domestic Violence: Rape is illegal, and the law provides the same punishment for a relative, including a spouse, who commits rape as for a nonrelative. The penalty for conviction of 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.

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 law considers 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. 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 partners, or lack of confidence in law enforcement authorities. 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.

COVID-19-related stay-at-home orders and general restrictions on movement trapped many victims of domestic violence in the same space as the perpetrators. On May 5, media outlets reported that Human Rights Commissioner Tatyana Moskalkova acknowledged that NGOs recorded an increase of more than 50 percent in the number of domestic violence cases. The ANNA Center reported that 70 percent of the women that called its hotline stated the situation at home worsened during the COVID-19 lockdown. Many victims noted they could not leave their homes due to fear of being punished for violating the stay-at-home order.

There were reports that women defending themselves from domestic violence were charged with crimes. According to a MediaZona study, approximately 80 percent of women sentenced for murder between 2016 and 2018 killed a domestic abuser in self-defense. In one case in 2018, three teenaged sisters allegedly killed their father, Mikhail Khachaturyan, in their Moscow home. In October 2019 authorities confirmed that the father had physically and sexually abused the girls for many years without any repercussions. On July 12, the Attorney General’s Office upheld the murder charges, a reversal to Deputy Prosecutor General Viktor Grin’s December 2019 recommendation to reclassify the sisters’ actions as self-defense. As of September the women remained under house arrest as they awaited a jury trial. The case ignited widespread support for the sisters across the country, with many persons calling for their release.

According to the ANNA Center, 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 requires the victim to gather all necessary evidence and bear all costs after the injured party or his or her guardian took the initiative to file a complaint with a magistrate judge. The NGO noted that this process severely disadvantages survivors. Experts estimated that seven of 10 such cases were dropped due to reconciliation of the parties as a result of the abuser pressuring, manipulating, and intimidating the victim who often had to continue living in the same house.

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. On March 15, in response to domestic violence cases presented to the ECHR, the deputy minister of justice and the Russian representative at the ECHR, Mikhail Galperin, asserted that the state should not be held responsible for the law enforcement officials’ inaction in domestic violence cases if the perpetrator was a private person.

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. Victims of domestic violence in the North Caucasus experienced particular difficulty seeking protection from authorities. On June 26, Human Rights Watch reported that Madina Umayeva died and was buried overnight in the Chechen Republic. Umayeva’s mother, suspecting her son-in-law of beating her daughter to death and burying her to hide the evidence, had the body exhumed for autopsy. Three days after the body was exhumed, Chechnya head Ramzan Kadyrov publicly accused the mother of spreading gossip about her daughter’s death and dismissed the possibility that it constituted murder. Umayeva’s mother later appeared on television and said, “I apologize for having listened to rumors. I apologize to [you].”

NGOs noted there were government-operated institutions that provided services to affected women such as social apartments, hospitals wards, and shelters. Access to these services 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. A strict two-month stay limit in the shelters and limited business hours of these services further restricted victims’ access to social services. After COVID-19-related restrictions forced many shelters to close temporarily, NGOs rented out apartments and hotels to shelter the victims.

Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. NGOs in Dagestan reported that FGM/C was occasionally practiced in some villages. On May 19, media outlets reported a nine-year-old girl from Ingushetia underwent an FGM procedure at a hospital in Magas in June 2019. The girl’s mother claimed that her former husband and his new wife took the girl to the hospital for the procedure without the mother’s consent. Authorities opened a criminal investigation into the hospital and the doctor who performed the operation. The clinic allegedly advertised FGM procedures performed by a pediatric gynecologist.

Other Harmful Traditional Practices: Human rights groups reported that “honor killings” of women persisted in Chechnya, Dagestan, and elsewhere in the North Caucasus, but they were rarely reported or acknowledged. Local police, doctors, and lawyers often collaborated with the families involved to cover up the crimes. For example, Russian media reported that in February in Ingushetia, Magomedbashir Mogushkov stabbed and killed his sister, Liza Yevloyeva, to “wash away the shame from the family.” On the eve of the killing, Mogushkov saw his sister on a police surveillance video when a well-known criminal, Isa Altemirov, was being detained. Altemirov’s gang was known to seduce Ingush women into extramarital relationships and blackmail them for money.

In some parts of the North Caucasus, women continued to face bride kidnapping, polygamy, forced marriage (including child marriage), legal discrimination, virginity requirements before marriage, and forced adherence to Islamic dress codes. Women in the North Caucasus often lost custody of their children after the father’s death or a divorce, due to traditional law that prohibits women from living in a house without a man. For example, on August 6, Russian media reported that Liana Sosurkayeva from Chechnya lost her two children to her husband’s brother after the husband died. She has been denied custody of the children, on the basis of Chechen traditional law.

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. In January the newspaper Vedomosti published a survey showing that 16 percent of women and 7 percent of men had experienced sexual harassment in the workplace at least once in their careers. The newspaper noted that the law does little to help victims, as there is no concept of “harassment” in the labor code.

On April 29, media outlets reported that two women had accused Aleksey Venediktov, the head of the Ekho Moskvy radio station, of sexual harassment. According to Anna Veduta, Venediktov made unwanted advances toward her after a company dinner in 2012 and tried to kiss her outside her home. An activist who asked not be named recounted a similar experience in 2017. Although he had told media in 2005 that sexual harassment was a “right” at Ekho Moskvy, Venediktov denied these allegations.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. While there are no legal restrictions on access to contraceptives, very few citizens receive any kind of sexual education, hampering effectiveness. Senior government officials, the Russian Orthodox Church, and conservative groups in the country advocated stridently for increasing the birth rate, and their opposition to family planning initiatives contributed to a social stigma that impacted the use of contraceptives. Access to family planning and skilled medical birth attendants varied widely based on geography and was often extremely limited in rural areas. The government does not deny access to sexual and reproductive health services for survivors of sexual violence, but survivors may not always seek needed treatment due to social stigma and the lack of follow-through on domestic-violence cases by the criminal justice system. There were significant social and cultural barriers to family planning and reproductive health in the North Caucasus republics, including cases of female genital mutilation. Approximately 100 occupations remained banned to women because they were deemed “dangerous to the women’s reproductive health.”

Coercion in Population Control: There were reports of coerced abortion or involuntary sterilization on the part of government authorities. In October media widely reported allegations of forced sterilizations of 15 women between 2006 and 2016 at the Uktus Boarding House in Yekaterinburg, which houses orphans with health issues, the elderly, and persons with disabilities. Former residents of the institution also alleged that some women were forced to have abortions. One former resident of the institution reportedly died after undergoing sterilization surgery. Regional law enforcement and health authorities in the Sverdlovsk region launched a probe into the reports, and regional human rights ombudsperson Tatyana Merzlyakova called the alleged sterilizations “unacceptable.”

Discrimination: The constitution and law provide that men and women enjoy the same legal status and rights, but women often encountered significant restrictions. Women have experienced discrimination in the workplace, in pay, and access to credit (see section 7.d.). There are 100 jobs that the Ministry of Labor has ruled to be especially physically taxing, including firefighting, mining, and steam boiler repair, that remain off limits to women.

Children

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 may not 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 conviction of 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 2019 by the National Institute for Child Protection, one in four parents admitted to having beaten their children at least once with a belt. In an extreme case of child abuse, on September 11, media outlets reported that Gulmira Bukenova in Omsk region continuously beat, tied, and starved an 18-month-old boy who lived with her. The mother, Yevgeniya Kabelskaya, was forced to work for free in the household while they lived with Bukenova’s family.

Child, 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 of children for prostitution, and practices related to child pornography. Authorities generally enforced the law. For example, on May 8, media outlets reported that authorities detained monk Kliment (Korablev) in Orenburg region for “committing a number of sexual crimes against three minors.” Authorities held him in a pretrial detention center for more than four months. The Orthodox Church prohibited Korablev from taking part in church services until the investigation was over.

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 18 is 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.

Roskomnadzor has the power to shut down any website immediately and without due process until its owners prove its content does not include child pornography. Roskomnadzor reported that from 2012 to 2017, it shut down 38,000 links related to child pornography, or 14 percent of all blocked links.

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. NGOs pointed to the closing of schools and strict stay-at-home orders during the height of COVID-19 measures as especially detrimental to at-risk children, including children in institutions. NGOs noted that many had limited access to social services and teachers or counselors.

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.

Anti-Semitism

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

Media outlets reported several cases of anti-Semitism during the year. For example, on April 13, unidentified perpetrators set fire to a synagogue and Jewish cultural center in Arkhangelsk. No one was injured, but a Jewish community leader estimated property damages at 1.5 million rubles ($19,800). Two months after the incident, police detained a 32-year-old suspect. Authorities initiated a criminal case based on intentional damage to property rather than anti-Semitism.

Leading experts from the Jewish community had varying assessments of the level of anti-Semitism in the country. While the chief rabbi of Russia stated in January that the level of anti-Semitism was at its lowest point historically, in June the president of the Federation of Jewish Communities argued that the level of latent anti-Semitism was still quite high. Some political and religious figures made anti-Semitic remarks publicly. On July 20, the Verkhnepyshminskiy City Court fined Father Sergey Romanov, a former hierarch of the Russian Orthodox Church, for making anti-Semitic remarks during one of his sermons.

Trafficking in Persons

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

Persons with Disabilities

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 disabilities deprived them of almost all personal rights. Activists reported that courts declared tens of thousands of individuals “legally incompetent” due to intellectual 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 intellectual disabilities were at times prevented from marrying without a guardian’s consent.

In many cases persons with intellectual or physical disabilities were confined to institutions, where they were often subjected to abuse and neglect. Roszdravnadzor, the Federal Service for Surveillance in Health Care, announced that it found abuses in 87.4 percent of institutions for children and adults with intellectual disabilities during a 2019 audit. On November 3, Russian media reported that it was not uncommon for persons with intellectual disabilities who had recently turned 18 to die within a few months of transferring from a children’s institution to an adult neuropsychiatric boarding house due to harsh conditions. The report noted that residents were sometimes given haloperidol and other suppressive substances, sent to isolation wards, tied to beds, and prohibited from going outside freely. On May 6, media outlets reported that a Bogotolsk neuropsychiatric hospital’s junior nurse physically abused an elderly person with a disability by grabbing him and dragging him on the floor without his pants on.

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. Wheelchair-accessible street curbs are not widely available in many regions throughout the country.

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. Even when children were allowed to attend a mainstream school, many staff and children lacked understanding to meet the educational needs of the child. For example, on September 2, media outlets reported that a child with a disability at a Krasnoyarsk school was excluded from a class photograph, adding that persons with disabilities were often kept from public view.

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 intellectual 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 delays 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.

Members of National/Racial/Ethnic Minority Groups

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.

Hate crimes targeting ethnic minorities continued to be a problem, although the NGO SOVA Center for Information and Analysis reported that the number of such crimes declined thanks to authorities’ effectively targeting groups that promoted racist violence. As of August 3, one individual had died and 14 had been injured in racially motivated attacks since the beginning of the year. On June 13, Timur Gavrilov, a 17-year-old medical student from Azerbaijan, died after being stabbed 20 times in Volgograd. Police later detained Vitaliy Vasilyev, an unemployed local man, who confessed to attacking Gavrilov on the basis of his ethnic identity. According to media reports, Vasilyev had ties to radical right-wing organizations and attacked the student because he wanted to “kill a non-Russian.” Authorities charged Vasilyev with murder.

According to a 2018 report by the human rights group Antidiscrimination Center Memorial (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); deprivation of parental rights; and other forms of structural discrimination.

On February 21, a court in Leninsk-Kuznetskiy fined a local resident for posts on social media judged to be an “incitement to hatred or enmity” directed against Roma. The man made the posts during large-scale brawls that took place in villages near Leninsk-Kuznetskiy between Romani and non-Romani residents.

Indigenous People

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.”

On August 9, indigenous residents of Norilsk commemorated the International Day of Indigenous Peoples by holding a march under the theme, “Industrial companies are seizing primordial lands.” A dozen individuals from the Nenets, Nganasans, Dolgans, and Entsy groups who participated in the march alleged they were oppressed, not allowed to lead a traditional way of life, and that their ability to fish was hampered. They specifically condemned industrial oil and gas giant Norilsk Nickel for destroying their way of life. Police initially tried to stop the march but eventually relented.

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 interests of corporations and indigenous persons were in constant conflict.

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

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 LGBTI 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, employment, or access to government services, such as health care.

During the year there were reports state actors committed violence against LGBTI individuals based on their sexual orientation or gender identity, particularly in Chechnya (see section 1.a.). According to the Russian LGBT Network, as of July more than 175 LGBTI persons had fled Chechnya since 2017, the majority of whom had also left the country.

There were reports that government agents attacked, harassed, and threatened LGBTI activists. For example, on January 29, media outlets reported that Rostov-on-Don-based LGBTI activist Anna Dvornichenko fled Russia for the Netherlands after local law enforcement authorities threatened to initiate criminal and administrative cases against her for “extremist” activities and distribution of LGBTI propaganda to minors. She told media that police refused to investigate several attacks against her in which unknown assailants attacked her with pepper spray and a smoke bomb. In addition, on November 13 in St. Petersburg, masked men shouted homophobic slogans as police and Rospotrebnadzor employees disrupted the opening night of Side By Side, Russia’s only annual LGBT film festival.

LGBTI persons were particular targets of societal violence, and police often failed to respond adequately to such incidents. For example, the Russian LGBT Network reported that a transgender man was attacked while he was leaving a supermarket in the Kursk region on April 28. The assailant grabbed the man by the neck, beat him, and threatened to kill him. After seeking medical attention, the man was diagnosed with a ruptured eardrum and a concussion. According to the network, the victim filed a report, but police did not investigate the incident and refused to open a criminal case.

There were reports that authorities failed to respond when credible threats of violence were made against LGBTI persons. For example, LGBTI and feminist activist Yuliya Tsvetkova reported she had received numerous death threats, including from an organization known as “Saw” that called for violence against the LGBTI community. Tsvetkova was under investigation for the distribution of pornography and LGBTI propaganda to minors and was under house arrest when she received numerous threats that included her address and other personal details. Tsvetkova also stated that her mother had received numerous threatening telephone calls related to her case. When Tsvetkova informed police, they dismissed the reported incidents and claimed it would be impossible to investigate them.

On April 14, the Russian LGBT Network released a report that showed 11.6 percent of LGBTI respondents in their survey had experienced physical violence, 4 percent had experienced sexual violence, and 56.2 percent had experienced psychological abuse during their lifetime. The report noted that LGBTI persons faced discrimination in their place of study or work, when receiving medical services, and when searching for housing. The report also noted that transgender persons were uniquely vulnerable to discrimination and violence. The Russian LGBT Network claimed that law enforcement authorities did not always protect the rights of LGBTI individuals and were sometimes the source of violence themselves. As a result LGBTI individuals had extremely low levels of trust in courts and police.

In one example of low levels of trust in authorities, Radio Free Europe/Radio Liberty reported that in September St. Petersburg police arrested 53-year-old actor and theater producer Yuriy Yanovskiy for killing Jamshid Hatamjonov, a transgender sex worker from Uzbekistan who preferred to be called Tamara. Tamara was reported missing in January, and her dismembered body was found in July. The investigation was complicated because the victim’s acquaintances were not willing to testify due to fear authorities would identify and harass them for their sexual orientation and profession. Activists suspected that the victim did not seek any help from authorities for her client’s prior violent behaviors because she feared police.

There were reports police conducted involuntary physical exams of transgender or intersex persons. LGBTI NGO Coming Out reported that in March 2019, some police officers physically and sexually harassed a transgender woman in the process of medical transition. Police had detained her to investigate the death of her roommate. During interrogation at the police station, the victim reported that a police officer hit her approximately five times on the head, using both his open hand and his fist. The police officers also inquired repeatedly about her genitals, demanded that she display her chest, made rude comments about the shape and size of her genitals, took photographs of her, and shared the images on social media.

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 also reported discrimination at schools and universities.

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 LGBTI persons also faced discrimination in the area of parental rights. The Russian LGBT Network reported 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.

HIV and AIDS Social Stigma

Persons with HIV or 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. Many individuals who injected drugs also did not seek treatment because of the country’s aggressive criminalization of illegal drugs and the marginalization of users. 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. Younger women with HIV or AIDS in particular faced multiple challenges and barriers to accessing treatment because of stigma, discrimination, gender stereotypes, violence, and difficulty accessing sexual and reproductive health care.

Some prisoners with HIV or AIDS experienced abuse and denial of medical treatment and had fewer opportunities for visits with their children (see section 1.c.). For example, on January 24, media outlets reported that Giorgi Murusidze was denied HIV medication for several months while in a St. Petersburg detention center.

On September 7, the head of the Federal Scientific and Methodological Center for the Prevention and Control of AIDS had been diverted to address the COVID-19 pandemic, reducing the capacity of the center to provide patients antiretroviral therapy. An NGO noted that it was difficult for persons with HIV or AIDS to receive elective health care, as most beds for patients with infectious diseases had been diverted to COVID-19-related cases. Migrants with HIV or AIDS had an especially difficult time because many lost their jobs and had difficulty accessing health care.

Children with HIV faced discrimination in education. NGOs noted that many younger children with HIV faced resistance by other parents when trying to enroll in schools.

On July 11, the government lifted restrictions on persons with HIV who wanted to adopt children if the adoptive parents met strict criteria, such as being on dispensary observation for at least a year and having a CD4 cell level above 350 cells/milliliter.

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

Other Societal Violence or Discrimination

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 in April police fined several homeless persons for violating the self-isolation regime imposed in various cities to control the spread of COVID-19.

Promotion of Acts of Discrimination

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

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers may form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination, but it does not require employers to reinstate workers fired due to their union activity. The law prohibits reprisals against striking workers. Unions must register with the Federal Registration Service, often a cumbersome process that includes lengthy delays and convoluted bureaucracy. The grounds on which trade union registration may be denied are not defined and can be arbitrary or unjustified. Active duty members of the military, civil servants, customs workers, judges, prosecutors, and persons working under civil contracts are excluded from the right to organize. The law requires labor unions to be independent of government bodies, employers, political parties, and NGOs.

The law places several restrictions on the right to bargain collectively. For example, only one collective bargaining agreement is permitted per enterprise, and only a union or group of unions representing at least one-half the workforce may bargain collectively. The law allows workers to elect representatives if there is no union. The law does not specify who has authority to bargain collectively when there is no trade union in an enterprise.

The law prohibits strikes in the military and emergency response services. It also prohibits strikes in essential public-service sectors, including utilities and transportation, and strikes that would threaten the country’s defense, safety, and the life and health of its workers. The law additionally prohibits some nonessential public servants from striking and imposes compulsory arbitration for railroad, postal, and municipal workers, as well as public servants in roles other than law enforcement.

Laws regulating workers’ strikes remained extremely restrictive, making it difficult to declare a strike but easy for authorities to rule a strike illegal and punish workers. It was also very difficult for those without a labor contract to go on a legal strike. For example, on July 13, according to media reports, several dozen Renaissance Heavy Industries workers staged a strike at the Gazprom plant in the Amur region demanding several months of unpaid wages. A crowd there was dispersed by riot police, and authorities charged several participants with criminal charges of hooliganism and participation in riots.

Union members must follow extensive legal requirements and engage in consultations with employers before acquiring the right to strike. Solidarity strikes and strikes on matters related to state policies are illegal, as are strikes that do not respect the onerous time limits, procedures, and requirements mandated by law. Employers may hire workers to replace strikers. Workers must give prior notice of the following aspects of a proposed strike: a list of the differences of opinion between employer and workers that triggered the strike; the date and time at which the strike is intended to start, its duration, and the number of anticipated participants; the name of the body that is leading the strike and the representatives authorized to participate in the conciliation procedures; and proposals for the minimum service to be provided during the strike. In the event a declared strike is ruled illegal and takes place, courts may confiscate union property to cover employers’ losses.

The Federal Labor and Employment Service (RosTrud) regulates employer compliance with labor law and is responsible for “controlling and supervising compliance with labor laws and other legal acts which deal with labor norms” by employers. Several state agencies, including the Ministry of Justice, the Prosecutor’s Office, RosTrud, and the Ministry of Internal Affairs, are responsible for enforcing the law. These agencies, however, frequently failed to enforce the law, and violations of freedom of association and collective bargaining provisions were common. Penalties for violations were not commensurate with those under other similar laws related to civil rights.

Employers frequently engaged in reprisals against workers for independent union activity, including threatening to assign them to night shifts, denying benefits, and blacklisting or firing them. Although unions were occasionally successful in court, in most cases managers who engaged in antiunion activities did not face penalties. For example, in June the independent university teachers’ union University Solidarity called on the heads of the Yugra State University to stop discrimination against Vanda Tilles, a professor and union member at that university. Tilles claimed that the lack of transparency in the promotion system at the university promoted the firing of active union leaders.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor but allows for it as a penal sentence, in some cases as prison labor contracted to private enterprises.

The government was not effective in enforcing laws against forced labor, and there was a government policy or pattern of forced labor. Prescribed penalties for violations were commensurate with those for other serious crimes. Instances of labor trafficking have been reported in the construction, manufacturing, logging, textile, and maritime industries, as well as in saw mills, agriculture, sheep farms, grocery and retail stores, restaurants, waste sorting, street sweeping, domestic service, and forced begging (see section 7.c.). Serious gaps remained in protecting migrant laborers, particularly from North Korea, who generally earned 40 percent less than the average salary. Migrant workers at times experienced exploitative labor conditions characteristic of trafficking cases, such as withholding of identity documents, nonpayment for services rendered, physical abuse, unsafe working conditions, and extremely poor living conditions.

Under a state-to-state agreement in effect since 2009, North Korean citizens worked in the country in a variety of sectors, including the logging and construction industries in the Far East. In order to comply with the 2017 UN Security Council Resolution prohibiting the employment of North Koreans, Russia has largely eliminated North Korean laborers working in the country legally and continues to affirm its commitment to do so. The country failed, however, to return all North Korean workers by the December 2019 UN deadline and claimed that North Korea’s closing of its borders due to the COVID-19 pandemic hindered the effort. The Ministry of Internal Affairs was believed to have manipulated its publicly available data on the number of North Koreans working in the country. Observers believed a significant number of North Koreans entering the country on student, tourist, and “other” visa categories since the introduction of UN sanctions came to work rather than their stated purpose of travel, especially in the Far East.

Authorities failed to screen departing North Korean workers for human trafficking and indications of forced labor.

There were reports of forced labor in the production of bricks, raising livestock, and at sawmills, primarily in Dagestan. While both men and women were exploited for forced labor in these industries in the Northern Caucasus region, victims were primarily male job seekers recruited in Moscow.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than 16 in most cases and regulates the working conditions of children younger than 18. The law permits children to work at 14 under certain conditions and with the approval of a parent or guardian. Such work must not threaten the child’s health or welfare. The law lists occupations restricted for children younger than 18, including work in unhealthy or dangerous conditions, underground work, or jobs that might endanger a child’s health and moral development.

RosTrud is responsible for inspecting enterprises and organizations to identify violations of labor and occupational health standards for minors. The government effectively enforced the law, although penalties for violations were not commensurate with those for other serious crimes.

Child labor was uncommon but could occur in the informal service and retail sectors. Some children, both Russian and foreign, were subjected to commercial sexual exploitation, forced participation in the production of pornography, and forced begging (see section 6, Children).

Also, see the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law does not prohibit discrimination based on sexual orientation, HIV status, gender identity, or disability. Although the country placed a general ban on discrimination, the government did not effectively enforce the law and penalties for violations were not commensurate with those for other similar laws related to civil rights.

Discrimination based on gender in compensation, professional training, hiring, and dismissal was common. Employers often preferred to hire men to save on maternity and child-care costs and to avoid the perceived unreliability associated with women with small children. Such discrimination was often very difficult to prove.

The law prohibits employer discrimination in posting job vacancy information. It also prohibits employers from requesting workers with specific gender, race, nationality, address registration, age, and other factors unrelated to personal skills and competencies. Notwithstanding the law, vacancy announcements sometimes specified gender and age requirements, and some also specified a desired physical appearance.

According to the Center for Social and Labor Rights, courts often ruled in favor of employees filing complaints, but the sums awarded were often seen as not worth the cost and time required to take legal action.

The law restricts women’s employment in jobs with “harmful or dangerous conditions or work underground, except in nonphysical jobs or sanitary and consumer services,” and forbids women’s employment in “manual handling of bulk weights that exceed the limits set for their handling.”

The law includes numerous tasks prohibited for women and includes restrictions on women’s employment in mining, manufacturing, and construction. During the year women were prohibited from employment in 456 labor categories. In late 2019 the law was amended to reduce the number of labor categories prohibited to woman to 98, starting in 2021. According to the Ministry of Labor, women on average earned 27.9 percent less than men in 2019. The legal age requirements for women and men to access either their full or partial pension benefits are not equal.

The law does not prohibit sexual harassment in the workplace, and there are no criminal or civil remedies for sexual harassment experienced in the workplace.

The law requires applicants to undergo a mandatory pre-employment health screening for some jobs listed in the labor code or when enrolling at educational institutions. The medical commission may restrict or prohibit access to jobs and secondary or higher education if it finds signs of physical or mental problems. The law prohibits discrimination of persons with disabilities, but they were often subjected to employment discrimination. Companies with 35 to 100 employees have an employment quota of 1 to 3 percent for persons with disabilities, while those with more than 100 employees have a 2 to 4 percent quota. An NGO noted that some companies kept persons with disabilities on the payroll in order to fulfill the quotas but did not actually provide employment for them. Inadequate workplace access for persons with disabilities also limited their work opportunities.

Many migrants regularly faced discrimination and hazardous or exploitative working conditions. Despite President Putin signing a decree in April to extend the validity of documents necessary for temporary residency and labor within the country in response to COVID-19 restrictions, media outlets reported numerous cases of migrants being threatened with deportation or forced to pay to extend their status. For example, on May 14, media outlets reported that the employer of a Uzbek citizen who had been working legally in the country for 15 years forced him to pay for the extension of his work permit during the two months he was on unpaid leave and threatened to call authorities if he refused.

Employment discrimination based on sexual orientation and gender identity was a problem, especially in the public sector and education. Employers fired LGBTI persons for their sexual orientation, gender identity, or public activism in support of LGBTI rights. Primary and secondary school teachers were often the targets of such pressure due to the law on “propaganda of nontraditional sexual orientation” targeted at minors (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

Persons with HIV or AIDS were prohibited from working in areas of medical research and medicine that dealt with bodily fluids, including surgery and blood drives. The Ministry of Internal Affairs does not hire persons with HIV or AIDS, although a person who contracts HIV or AIDS while employed is protected from losing their job.

e. Acceptable Conditions of Work

The monthly minimum wage increased to the official poverty level on January 1. Some local governments enacted minimum wage rates higher than the national rate.

Nonpayment of wages is a criminal offense and is punishable by fines, compulsory labor, or imprisonment. Federal law provides for administrative fines of employers who fail to pay salaries and sets progressive compensation scales for workers affected by wage arrears. The government did not effectively enforce the law, and nonpayment or late payment of wages remained widespread. According to the Federal State Statistics Service, Rosstat, as of October 1, wage arrears amounted to approximately 1.83 billion rubles ($23.8 million).

The law provides for standard workhours, overtime, and annual leave. The standard workweek may not exceed 40 hours. Employers may not request overtime work from pregnant women, workers younger than age 18, and other categories of employees specified by federal law. Standard annual paid leave is 28 calendar days. Employees who perform work involving harmful or dangerous labor conditions and employees in the Far North regions receive additional annual paid leave. Organizations have discretion to grant additional leave to employees.

The law stipulates that payment for overtime must be at least 150 percent for the first two hours and not less than 200 percent after that. At an employee’s request, overtime may be compensated by additional holiday leave. Overtime work may not exceed four hours in a two-day period or 120 hours in a year for each employee. The government did effectively enforce minimum wage and hour laws, and penalties for violations were commensurate with those for other similar crimes.

The law establishes minimum conditions for workplace safety and worker health, but it does not explicitly allow workers to remove themselves from hazardous workplaces without threat to their employment. The law entitles foreigners working in the country to the same rights and protections as citizens.

Occupational safety and health standards were appropriate within the main industries. Government inspectors are responsible for enforcement and generally applied the law in the formal sector. Serious breaches of occupational safety and health provisions are criminal offenses and penalties for violations were commensurate with those of other similar crimes. Experts generally pointed to prevention of these offenses, rather than adequacy of available punishment, as the main challenge to protection of worker rights. The number of labor inspectors was insufficient to enforce the law in all sectors. RosTrud, the agency that enforces the provisions, noted state labor inspectors needed additional professional training and that the agency needed additional inspectors to enforce consistent compliance. Inspectors had the authority to make unannounced inspections and initiate sanctions.

At the end of 2019, an estimated 13 million persons were employed in the shadow economy. Employment in the informal sector was concentrated in the southern regions. The largest share of laborers in the informal economy was concentrated in the trade, construction, and agricultural sectors, where workers were more vulnerable to exploitative working conditions. Labor migrants worked in low-skilled jobs in construction but also in housing, utilities, agriculture, and retail trade sectors, often informally. Labor law and protections apply to workers in the informal sector.

No national-level information was available on the number of workplace accidents or fatalities during the year. According to Rosstat, in 2019 approximately 23,300 workers were injured in industrial accidents, including 1,060 deaths.

The majority of ethnic Tibetans in the People’s Republic of China live in the Tibetan Autonomous Region and Tibetan autonomous prefectures and counties in Sichuan, Qinghai, Yunnan, and Gansu provinces. The Chinese Communist Party’s Central Committee exercises paramount authority over Tibetan areas. As in other predominantly minority areas of the People’s Republic of China, ethnic Han Chinese members of the party held the overwhelming majority of top party, government, police, and military positions in the autonomous region and other Tibetan areas. Ultimate authority rests with the 25-member Political Bureau (Politburo) of the Chinese Communist Party Central Committee and its seven-member Standing Committee in Beijing, neither of which had any Tibetan members.

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Armed Police continue to be under the dual authority of the Central Committee of the Communist Party and the Central Military Commission. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently use civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Civilian authorities maintained effective control of the security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: torture and cases of cruel, inhuman, and degrading treatment or punishment by the government; arbitrary arrest or detention; political prisoners; politically motivated reprisal against individuals located outside the country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including censorship and site blocking; substantial interference with the freedom of peaceful assembly and freedom of association; severe restrictions on religious freedom, despite nominal constitutional protections voided by regulations restricting religious freedom and effectively placing Tibetan Buddhism under central government control; severe restrictions on freedom of movement; the inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of corruption; coerced abortion or forced sterilization; and violence or threats of violence targeting indigenous persons.

Disciplinary procedures for officials were opaque, and there was no publicly available information to indicate senior officials punished security personnel or other authorities for behavior defined under laws and regulations of the People’s Republic of China as abuses of power and authority.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no public reports or credible allegations the government or its agents committed arbitrary or unlawful killings. There were no reports that officials investigated or punished those responsible for unlawful killings in previous years.

b. Disappearance

Unlike in previous years, there were no public reports or credible allegations of new disappearances carried out by authorities or their agents.

Derung Tsering Dhundrup, a senior Tibetan scholar who was also the deputy secretary of the Sichuan Tibet Studies Society, was reportedly detained in June 2019, and his whereabouts remained unknown as of December. Gen Sonam, a senior manager of the Potala Palace, was reportedly detained in July 2019, and his whereabouts were unknown as of December.

The whereabouts of the 11th Panchen Lama, Gedhun Choekyi Nyima, the second most prominent figure after the Dalai Lama in Tibetan Buddhism’s Gelug school, remained unknown. Neither he nor his parents have been seen since People’s Republic of China (PRC) authorities disappeared them in 1995, when he was six years old. In May shortly after the 25th anniversary of his abduction, a PRC Ministry of Foreign Affairs spokesperson stated the Panchen Lama was a college graduate with a job and that neither he nor his family wished to be disturbed in their “current normal lives.” The spokesperson did not provide any further specifics.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

According to credible sources, police and prison authorities employed torture and cruel, inhuman, or degrading treatment or punishment in dealing with some detainees and prisoners. There were reports that PRC officials severely beat some Tibetans who were incarcerated or otherwise in custody. Lhamo, a Tibetan herder, was reportedly detained by police in June for sending money to India; in August she died in a hospital after being tortured in custody in Nagchu Prefecture, Tibetan Autonomous Region (TAR).

Reports from released prisoners indicated some were permanently disabled or in extremely poor health because of the harsh treatment they endured in prison. Former prisoners also reported being isolated in small cells for months at a time and deprived of sleep, sunlight, and adequate food. In April, Gendun Sherab, a former political prisoner in the TAR’s Nakchu Prefecture died, reportedly due to injuries sustained while in custody. Gendun Sherab was arrested in 2017 for sharing a social media message from the Dalai Lama.

Prison and Detention Center Conditions

Physical Conditions: Prison conditions were harsh and potentially life threatening due to inadequate sanitary conditions and medical care. According to individuals who completed their prison terms in recent years, prisoners rarely received medical care except in cases of serious illness.

Administration: There were many cases in which officials denied visitors access to detained and imprisoned persons.

Independent Monitoring: There was no evidence of independent monitoring or observation of prisons or detention centers.

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention remained serious problems. Legal safeguards for detained or imprisoned Tibetans were inadequate in both design and implementation.

Arrest Procedures and Treatment of Detainees

Public security agencies are required by law to notify the relatives or employer of a detained person within 24 hours of their detention but often failed to do so when Tibetans and others were detained for political reasons. Public security officers may legally detain persons for up to 37 days without formally arresting or charging them. Further detention requires approval of a formal arrest by the prosecutor’s office; however, in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest.

When a suspect is formally arrested, public security authorities may detain him/her for up to an additional seven months while the case is investigated. After the completion of an investigation, the prosecutor may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may then detain a suspect for an additional 45 days before beginning judicial proceedings.

Pretrial Detention: Security officials frequently violated these legal requirements, and pretrial detention periods of more than a year were common. Individuals detained for political or religious reasons were often held on national security charges, which have looser restrictions on the length of pretrial detention. Many political detainees were therefore held without trial far longer than other types of detainees. Authorities held many prisoners in extrajudicial detention centers without charge and never allowed them to appear in public court.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: This right does not exist in the TAR or other Tibetan areas.

e. Denial of Fair Public Trial

The judiciary was not independent of the Chinese Communist Party (CCP) or government in law or practice. In March for example, officials in Mangkhang County, TAR, announced that the local prosecutor’s office would hire five court clerks. Among the job requirements were loyalty to the CCP leadership and a critical attitude toward the 14th Dalai Lama. The November establishment of “Xi Jinping Thought on the Rule of Law” sought to strengthen this party control over the legal system.

Soon after an August meeting of senior CCP officials about Tibet during which President Xi Jinping stated the people must continue the fight against “splittism,” the Dui Hua Foundation reported that the Kandze Tibetan Autonomous Prefecture Intermediate People’s Court in Sichuan Province had convicted nine Tibetans of “inciting splittism” during the year. Little public information was available about their trials.

Trial Procedures

Criminal suspects in the PRC have the right to hire a lawyer or other defense representation, but many Tibetan defendants, particularly those facing politically motivated charges, did not have access to legal representation while in pretrial detention. In rare cases, defendants were denied access to legal representation entirely, but in many cases lawyers are unwilling to take clients due to political risks or because Tibetan families often do not have the resources to cover legal fees. For example, Tibetan language activist Tashi Wangchuk, arrested in 2016 and convicted in 2018, has been denied access to his lawyer since his conviction. Access was limited prior to his trial, and the government rejected petitions and motions appealing the verdict filed by his lawyer and other supporters, although PRC law allows for such appeals.

While some Tibetan lawyers are licensed in Tibetan areas, observers reported they were often unwilling to defend individuals in front of ethnic Han judges and prosecutors due to fear of reprisals or disbarment. In cases that authorities claimed involved “endangering state security” or “separatism,” trials often were cursory and closed. Local sources noted trials were predominantly conducted in Mandarin, with government interpreters provided for defendants who did not speak Mandarin. Court decisions, proclamations, and other judicial documents, however, generally were not published in Tibetan.

Political Prisoners and Detainees

An unknown number of Tibetans were detained, arrested, or sentenced because of their political or religious activities.

Credible outside observers examined publicly available information and, as of late 2019, identified records of 273 Tibetans known or believed to be detained or imprisoned by PRC authorities in violation of international human rights standards. Of the 115 cases for which there was available information on sentencing, punishment ranged from 15 months’ to life imprisonment. This data was believed to cover only a small fraction of the actual number of political prisoners.

In January official media reported that in 2019 the TAR prosecutor’s office approved the arrest and prosecution of 101 individuals allegedly part of “the Dalai Lama clique” for “threatening” China’s “political security.” Details, including the whereabouts of those arrested, were unknown.

Politically Motivated Reprisal against Individuals Located Outside the Country

Approximately 150,000 Tibetans live outside Tibet, many as refugees in India and Nepal. There were credible reports that the PRC continued to put heavy pressure on Nepal to implement a border systems management agreement and a mutual legal assistance treaty, as well as to conclude an extradition treaty, that could result in the refoulement of Tibetan refugees to the PRC. Nepal does not appear to have implemented either proposed agreement and has postponed action on the extradition treaty.

In January in its annual work report, the TAR Higher People’s Court noted that in 2019 the first TAR fugitive abroad was repatriated. The fugitive reportedly was charged with official-duty-related crimes. The report stated the repatriation was part of the TAR’s effort to deter corruption and “purify” the political environment; no other details were available.

The Tibetan overseas community is frequently subjected to harassment, monitoring, and cyberattacks believed to be carried out by the PRC government. In September media outlets reported PRC government efforts to hack into the phones of officials in the Office of His Holiness the Dalai Lama and of several leaders in the Central Tibetan Administration, the governance organization of the overseas Tibetan community. The PRC government at times compelled Tibetans located in China to pressure their family members seeking asylum overseas to return to China.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

Authorities electronically and manually monitored private correspondence and searched, without warrant, private homes and businesses for photographs of the Dalai Lama and other forbidden items. Police routinely examined the cell phones of TAR residents in random stops or as part of other investigations to search for “reactionary music” from India or photographs of the Dalai Lama. Authorities also questioned and detained some individuals who disseminated writings and photographs over the internet or listened to teachings of the Dalai Lama on their mobile phones.

The “grid system,” an informant system also known as the “double-linked household system,” facilitated authorities’ efforts to identify and control persons considered “extremist” or “splittist.” The grid system groups households and other establishments and encourages them to report problems to the government, including financial problems and political transgressions, in other group households. Authorities rewarded individuals with money and other forms of compensation for their reporting. The maximum reward for information leading to the arrests of social media users deemed disloyal to the government increased to 300,000 renminbi ($42,800), according to local media. This amount was six times the average per capita GDP of the TAR.

According to sources in the TAR, Tibetans frequently received telephone calls from security officials ordering them to remove from their cell phones photographs, articles, and information on international contacts the government deemed sensitive. Security officials visited the residences of those who did not comply with such orders. Media reports indicated that in some areas, households were required to have photographs of President Xi Jinping in prominent positions and were subject to inspections and fines for noncompliance. In a July case, international media reported local officials detained and beat a number of Tibetan villagers from Palyul in Sichuan’s Tibetan autonomous prefecture’s Kardze County for possessing photographs of the Dalai Lama found after raids on their residences.

The TAR regional government punished CCP members who followed the Dalai Lama, secretly harbored religious beliefs, made pilgrimages to India, or sent their children to study with Tibetans in exile.

Individuals in Tibetan areas reported they were subjected to government harassment and investigation because of family members living overseas. Observers also reported that many Tibetans traveling to visit family overseas were required to spend several weeks in political education classes after returning to China.

The government also interfered in the ability of persons to find employment. Media reports in June noted that advertisements for 114 positions of different types in Chamdo City, TAR, required applicants to “align ideologically, politically, and in action with the CCP Central Committee,” “oppose any splittist tendencies,” and “expose and criticize the Dalai Lama.” The advertisements explained that all applicants were subject to a political review prior to employment.

a. Freedom of Expression, Including for the Press

Neither in law nor practice were constitutional provisions providing for freedom of expression respected.

Freedom of Speech: Authorities in the TAR and other Tibetan regions punished persons for the vaguely defined crime of “creating and spreading rumors.” Radio Free Asia reported in February that seven Tibetans were detained for “spreading rumors” about COVID-19. Tibetans who spoke to foreigners or foreign reporters, attempted to provide information to persons outside the country, or communicated information regarding protests or other expressions of discontent, including via mobile phones and internet-based communications, were subject to harassment or detention for “undermining social stability and inciting separatism.”

In July media sources reported that a court in the northeastern TAR sentenced Tibetan lyricist Khadro Tseten to seven years’ imprisonment and singer Tsego to three years’ imprisonment for a song praising the Dalai Lama that circulated on social media. The court found Tseten guilty of “incitement to subvert state power” and “leaking state secrets.” Local authorities had detained the two in April 2019. The song was posted on social media by an unnamed woman who was also detained but was reportedly released after a year of detention, according to Tibetan language media.

In December, Rights Defender, a Chinese blog site, reported a Chinese court sentenced Lhundhup Dorje, a Tibetan from Golog Prefecture in the TAR, to one year in prison on charges of “inciting separatism.” In March, Lhundhup Dorje posted a graphic on Weibo that used the phrase “Tibetan independence.” In May he posted a photo of the Dalai Lama on Weibo. Due to these social media posts, he was arrested on July 23.

According to multiple observers, security officials often cancelled WeChat accounts carrying “sensitive information,” such as discussions about Tibetan language education, and interrogated the account owners.

There were no reported cases of self-immolation during the year. The practice was a common form of protest of political and religious oppression in past years. It has declined in recent years, reportedly, according to local observers, because of tightened security by authorities, the collective punishment of self-immolators’ relatives and associates, and the Dalai Lama’s public plea to his followers to find other ways to protest PRC government repression. Chinese officials in some Tibetan areas withheld public benefits from the family members of self-immolators and ordered friends and monastic personnel to refrain from participating in religious burial rites or mourning activities for self-immolators.

The law criminalizes various activities associated with self-immolation, including “organizing, plotting, inciting, compelling, luring, instigating, or helping others to commit self-immolation,” each of which may be prosecuted as “intentional homicide.”

During the year, the TAR carried out numerous propaganda campaigns to encourage pro-CCP speech, thought, and conduct. These included a “TAR Clear and Bright 2020” program, designed to crack down on persons “misusing” the internet, including by making “wrong” comments on the party’s history and “denigrating” the country’s “heroes and martyrs.” The TAR Communist Party also launched specialized propaganda campaigns to counter support for “Tibetan independence” and undermine popular support for the Dalai Lama. The PRC’s continuing campaign against organized crime also targeted supporters of the Dalai Lama, who were considered by police to be members of a criminal organization. In September the TAR Communist Party secretary Wu Yingjie publicly urged everybody to follow Xi Jinping and criticize the Dalai Lama.

A re-education program called “Unity and Love for the Motherland” continued to expand. Participants in the program received state subsidies and incentives for demonstrating support for and knowledge of CCP leaders and ideology, often requiring them to memorize party slogans and quotations from past CCP leaders and to sing the national anthem. These tests were carried out in Mandarin Chinese.

Freedom of Press and Media, Including Online Media: Authorities tightly controlled journalists who worked for the domestic press and could hire and fire them based on assessments of their political reliability. CCP propaganda authorities were in charge of journalist accreditation in the TAR and required journalists working in the TAR to display “loyalty to the party and motherland.” The deputy head of the TAR Propaganda Department simultaneously holds a prominent position in the TAR Journalist Association, a state-controlled professional association to which local journalists must belong.

In January the TAR People’s Congress passed the “TAR Regulations on Establishing a Model Area for Ethnic Unity and Progress,” which mandated media organizations cooperate with ethnic unity propaganda work and criminalized speech or spreading information “damaging to ethnic unity.”

In April the TAR Department of Propaganda held a special region-wide mobilization conference on political ideological issues, and some journalists and media workers in the region reported they had officially promised to implement the CCP’s line and resolutely fight separatism and “reactionary press and media” overseas.

Foreign journalists may visit the TAR only after obtaining a special travel permit from the government, and authorities rarely granted such permission. When authorities permitted journalists to travel to the TAR, the government severely limited the scope of reporting by monitoring and controlling their movements, and intimidating and preventing Tibetans from interacting with the press.

Violence and Harassment: PRC authorities arrested and sentenced many Tibetan writers, intellectuals, and singers for “inciting separatism.” Numerous prominent Tibetan political writers, including Jangtse Donkho, Kelsang Jinpa, Buddha, Tashi Rabten, Arik Dolma Kyab, Gangkye Drupa Kyab, and Shojkhang (also known as Druklo), reported security officers closely monitored them following their releases from prison between 2013 and 2020 and often ordered them to return to police stations for further interrogation, particularly after they received messages or calls from friends overseas or from foreigners based in other parts of the PRC. Some of these persons deleted their social media contacts or shut down their accounts completely.

Censorship or Content Restrictions: Authorities prohibited domestic journalists from reporting on repression in Tibetan areas. Authorities promptly censored the postings of bloggers and users of WeChat who did so, and the authors sometimes faced punishment. Authorities banned some writers from publishing; prohibited them from receiving services and benefits, such as government jobs, bank loans, and passports; and denied them membership in formal organizations.

Police in Malho Tibetan Autonomous Prefecture, Qinghai Province, arrested Tibetan writer and poet Gendun Lhundrub in December and held him at an undisclosed location, according to Radio Free Asia. In October the former monk released an anthology of poems and wrote on the website Waseng-drak that writers require freedom of expression.

The TAR Internet and Information Office maintained tight control of a full range of social media platforms.

The PRC continued to disrupt radio broadcasts of Radio Free Asia’s Tibetan- and Mandarin-language services in Tibetan areas, as well as those of the Voice of Tibet, an independent radio station based in Norway.

In addition to maintaining strict censorship of print and online content in Tibetan areas, PRC authorities sought to censor the expression of views or distribution of information related to Tibet in countries and regions outside mainland China.

In May the TAR city of Nakchu seized and destroyed “illegal publications” as well as illegal equipment for satellite signal reception.

Internet Freedom

There was no internet freedom. In May, TAR party secretary Wu Yingjie urged authorities to “resolutely control the internet, strengthen online propaganda, maintain the correct cybersecurity view, and make the masses listen to and follow the Party.”

As in past years, authorities curtailed cell phone and internet service in many parts of the TAR and other Tibetan areas, sometimes for weeks or months at a time. Interruptions in internet service were especially pronounced during periods of unrest and political sensitivity, such as the March anniversaries of the 1959 and 2008 protests, “Serf Emancipation Day,” and around the Dalai Lama’s birthday in July. When authorities restored internet service, they closely monitored its usage.

Many sources also reported it was almost impossible to register with the government, as required by law, websites promoting Tibetan culture and language in the TAR.

Many individuals in the TAR and other Tibetan areas reported receiving official warnings and being briefly detained and interrogated after using their cell phones to exchange what the government deemed to be sensitive information.

In July in advance of the Dalai Lama’s birthday, many locals reported authorities warned Tibetans not to use social media chat groups to send any messages, organize gatherings, or use symbols that would imply a celebration of the spiritual leader’s birthday. The TAR Internet and Information Office continued a research project known as Countermeasures to Internet-based Reactionary Infiltration by the Dalai Lama Clique. In May the TAR Cyber Security and Information Office held its first training program for “people working in the internet news and information sector” with the goal of spreading “positive energy” in cyberspace.

Throughout the year authorities blocked users in China from accessing foreign-based, Tibet-related websites critical of official government policy in Tibetan areas. Technically sophisticated hacking attempts originating from China also targeted Tibetan activists and organizations outside mainland China.

Academic Freedom and Cultural Events

As in recent years, authorities in many Tibetan areas required professors and students at institutions of higher education to attend regular political education sessions, particularly during politically sensitive months, to prevent “separatist” political and religious activities on campus. Authorities frequently encouraged Tibetan academics to participate in government propaganda efforts, both domestically and overseas, such as by making public speeches supporting government policies. Academics who refused to cooperate with such efforts faced diminished prospects for promotion and research grants. Academics in the PRC who publicly criticized CCP policies on Tibetan affairs faced official reprisal, including the loss of their jobs and the risk of imprisonment.

The government controlled curricula, texts, and other course materials as well as the publication of historically or politically sensitive academic books. Authorities frequently denied Tibetan academics permission to travel overseas for conferences and academic or cultural exchanges the party had not organized or approved.

The state-run TAR Academy of Social Science continued to encourage scholars to maintain “a correct political and academic direction” in its July conference to “improve scholars’ political ideology” and “show loyalty to the party” under the guidance of Xi Jinping.

In areas officially designated as “autonomous,” Tibetans generally lacked the right to organize and play a meaningful role in the protection of their cultural heritage. In accordance with government guidance on ethnic assimilation, state policies continued to disrupt traditional Tibetan culture, living patterns, and customs. Forced assimilation was pursued by promoting the influx of non-Tibetans to traditionally Tibetan areas, expanding the domestic tourism industry, forcibly resettling and urbanizing nomads and farmers, weakening Tibetan language education in public schools, and weakening monasteries’ role in Tibetan society, especially with respect to religious education.

The government gave many Han Chinese persons, especially retired soldiers, incentives to move to Tibet. 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.

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. There was, however, also a pattern of settling herders near townships and roads and away from monasteries, 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 cost many resettled herders their livelihoods and left them living in poverty in urban areas.

A September report by a nongovernmental organization (NGO) alleged a PRC so-called government vocational training and job placement program during the first seven months of the year forced approximately 500,000 Tibetan rural workers away from their pastoral lifestyle and off their land into wage labor jobs, primarily in factories, and included many coercive elements.

Government policy encouraged the spread of Mandarin Chinese at the expense of Tibetan. Both are official languages of the TAR and appeared on some, but not all, public and commercial signs. Official buildings and businesses, including banks, post offices, and hospitals, frequently lacked signage in Tibetan. In many instances forms and documents were available only in Mandarin. Mandarin was used for most official communications and was the predominant language of instruction in public schools in many Tibetan areas. To print in the Tibetan language, private printing businesses in Chengdu needed special government approval, which was often difficult to obtain.

PRC law states that “schools 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 media of instruction.” Despite guarantees of cultural and linguistic rights, many students at all levels had limited access to officially approved Tibetan language instruction and textbooks, particularly in the areas of “modern-day education,” which refers to nontraditional, nonreligious subjects, particularly computer science, physical education, the arts, and other “modern” subjects. “Nationalities” universities, established to serve ethnic minority students and ethnic Han Chinese students interested in ethnic minority subjects, only used Tibetan as the language of instruction in Tibetan language or culture courses. Mandarin was used in courses that taught technical skills and qualifications.

“Nationalities” universities, established to serve ethnic minority students and ethnic Han Chinese students interested in ethnic minority subjects, only used Tibetan as the language of instruction in Tibetan language or culture courses. Mandarin was used in courses that taught technical skills and qualifications.

In February many Tibetans posted articles and photos on social media to celebrate International Mother Language Day. That month Lhasa police detained five Tibetans and sent them to a week-long re-education program for discussing the importance of the Tibetan language in a bar. Security officials reportedly told them that discussing Tibetan language instruction was a political crime.

According to multiple sources, monasteries throughout Tibetan areas of China were required to integrate CCP members into their governance structures, where they exercised control over monastic admission, education, security, and finances. Requirements introduced by the party included geographic residency limitations on who may attend each monastery. This restriction, especially rigorous in the TAR, undermined the traditional Tibetan Buddhist practice of seeking advanced religious instruction from a select number of senior teachers based at monasteries across the Tibetan plateau.

In August the TAR Religious Affairs Bureau held a training course for Tibetan Buddhist nuns and CCP cadres working in convents. Nuns were told to “lead the religion in the direction of better compatibility with Socialism,” and the CCP cadres promised to manage the monasteries and convents with firm determination.

Authorities in Tibetan areas regularly banned the sale and distribution of music they deemed to have sensitive political content.

b. Freedoms of Peaceful Assembly and Association

Tibetans do not enjoy the rights to assemble peacefully or to associate freely.

Freedom of Peaceful Assembly

Even in areas officially designated as “autonomous,” Tibetans generally lacked the right to organize. Persons who organize public events for any purpose not endorsed by authorities face harassment, arrest, prosecution, and violence. Unauthorized assemblies were frequently broken up by force. Any assembly deemed by authorities as a challenge to the PRC or its policies, for example, to advocate for Tibetan language rights, to mark religious holidays, or to protect the area’s unique natural environment, provoked a particularly strong response both directly against the assembled persons and in authorities’ public condemnation of the assembly. Authorities acted preemptively to forestall unauthorized assemblies. In July for example, local observers noted that many monasteries and rural villages in the TAR and Tibetan areas of Sichuan, Qinghai, and Gansu provinces received official warnings not to organize gatherings to mark the Dalai Lama’s birthday.

Freedom of Association

In accordance with PRC law, only organizations approved by the CCP and essentially directed by it are legal. Policies noted above designed to bring monasteries under CCP control are one example of this policy. Persons attempting to organize any sort of independent association were subject to harassment, arrest on a wide range of charges, or violent suppression.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

PRC law provides for freedom of internal movement, foreign travel, emigration, and repatriation; however, the government severely restricted travel and freedom of movement for Tibetans, particularly Tibetan Buddhist monks and nuns as well as lay persons whom the government considered to have “poor political records.”

In-country Movement: The outbreak of COVID-19 led to countrywide restrictions on travel, which affected movement in the TAR and other Tibetan areas. From January to April, the TAR and other Tibetan areas implemented a “closed-management” system, meaning all major sites, including monasteries and cultural sites, were closed.

In addition to COVID-19 restrictions, People’s Armed Police and local public security bureaus set up roadblocks and checkpoints in Tibetan areas on major roads, in cities, and on the outskirts of cities and monasteries, particularly around sensitive dates. These roadblocks were designed to restrict and control access for Tibetans and foreigners to sensitive areas. Tibetans traveling in monastic attire were subjected to extra scrutiny by police at roadside checkpoints and at airports. Tibetans without local residency were turned away from many Tibetan areas deemed sensitive by the government.

Authorities sometimes banned Tibetans, particularly monks and nuns, from leaving the TAR or traveling to it without first obtaining special permission from multiple government offices. Some Tibetans reported encountering difficulties in obtaining the required permissions. Such restrictions made it difficult for Tibetans to practice their religion, visit family, conduct business, or travel for leisure. Tibetans from outside the TAR who traveled to Lhasa also reported that authorities there required them to surrender their national identification cards and notify authorities of their plans in detail on a daily basis. These requirements were not applied to Han Chinese visitors to the TAR.

Outside the TAR, many Tibetan monks and nuns reported travel remained difficult beyond their home monasteries for religious and educational purposes; officials frequently denied them permission to stay at a monastery for religious education.

Foreign Travel: Tibetans faced significant hurdles in acquiring passports, and for Buddhist monks and nuns it was virtually impossible. Authorities’ unwillingness to issue new or renew old passports created, in effect, a ban on foreign travel for the Tibetan population. Han Chinese residents of Tibetan areas did not experience the same difficulties.

Sources reported that Tibetans and certain other ethnic minorities had to provide far more extensive documentation than other citizens when applying for a PRC passport. For Tibetans the passport application process sometimes required years and frequently ended in rejection. Some Tibetans reported they were able to obtain passports only after paying substantial bribes and offering written promises to undertake only apolitical or nonsensitive international travel. Many Tibetans with passports were concerned authorities would place them on the government’s blacklist and therefore did not travel.

Tibetans encountered particular obstacles in traveling to India for religious, educational, and other purposes. Tibetans who had traveled to Nepal and planned to continue to India reported that PRC officials visited their family homes and threatened their relatives in Tibet if they did not return immediately. Sources reported that extrajudicial punishments included blacklisting family members, which could lead to loss of a government job or difficulty in finding employment; expulsion of children from the public education system; and revocation of national identification cards, thereby preventing access to social services such as health care and government aid. The government restricted the movement of Tibetans through increased border controls before and during sensitive anniversaries and events.

Government regulations on the travel of international visitors to the TAR were uniquely strict in the PRC. The government required all international visitors to apply for a Tibet travel permit to visit the TAR and regularly denied requests by international journalists, diplomats, and other officials for official travel. Approval for tourist travel to the TAR was easier to secure but often restricted around sensitive dates. PRC security forces used conspicuous monitoring to intimidate foreign officials, followed them at all times, prevented them from meeting or speaking with local contacts, harassed them, and restricted their movement in these areas.

Exile: Among Tibetans living outside of China are the 14th Dalai Lama and several other senior religious leaders. The PRC denied these leaders the right to return to Tibet or imposed unacceptable conditions on their return.

According to law, Tibetans, like other Chinese citizens, have the right to vote in some local elections. The PRC government, however, severely restricted its citizens’ ability to participate in any meaningful elections. Citizens could not freely choose the officials who governed them, and the CCP continued to control appointments to positions of political power.

The TAR and many Tibetan areas strictly implemented the Regulation for Village Committee Management, which stipulates that the primary condition for participating in any local election is the “willingness to resolutely fight against separatism;” in some cases this condition was interpreted to require candidates to denounce the Dalai Lama. Many sources reported that appointed Communist Party cadres replaced all traditional village leaders in the TAR and other Tibetan areas, despite the lack of village elections.

Recent Elections: Not applicable.

Political Parties and Political Participation: TAR authorities have banned traditional tribal leaders from running their villages and often warned those leaders not to interfere in village affairs. The top CCP position of TAR party secretary continued to be held by a Han Chinese, as were the corresponding positions in the vast majority of all TAR counties. 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 autonomous prefectures in Gansu, Qinghai, Sichuan, and Yunnan provinces. One autonomous prefecture in Qinghai had an ethnic Tibetan party secretary.

Participation of Women and Members of Minority Groups: 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 party and government.

PRC law provides criminal penalties for corrupt acts by officials, but the government did not implement the law effectively in Tibetan areas, and high-ranking officials often engaged in corrupt practices with impunity. There were numerous reports of government corruption in Tibetan areas; some low-ranked officials were punished.

In April an appeal hearing for Tibetan anticorruption activist A-Nya Sengdra was postponed indefinitely. A-Nya was arrested in 2018 by Qinghai police after exposing corruption among local officials who failed to compensate Tibetans for land appropriations. Held incommunicado for 48 days, he was sentenced in December 2019 to seven years in prison for “picking quarrels and provoking trouble.”

Corruption: Local sources said investigations into corruption in the TAR and autonomous prefectures were rare; however, during the year news media reported two relatively high-profile corruption cases. In May the Tibetan Review, a monthly journal published in India, reported deputy secretary general of the TAR government Tashi Gyatso was being investigated for violations of discipline and law. Often the specifics of official investigations related to disciplinary violations are not made public but are commonly understood to be connected to bribery or abuse of power.

In July the Tibetan Review cited China’s official Xinhua news agency reporting that Wang Yunting, a Han Chinese CCP member and deputy director of Tibet’s health commission, was being investigated by the regional anti-graft authorities for “disciplinary” violations.

Financial Disclosure: The CCP has internal regulations requiring disclosure of financial assets, but these disclosures are not made public.

Some domestic human rights groups and NGOs were able to operate in Tibetan areas, although under substantial government restrictions. Their ability to investigate impartially and publish their findings on human rights cases was limited. A foreign NGO management law limits the number of local NGOs able to receive foreign funding and international NGOs’ ability to assist Tibetan communities. Foreign NGOs reported being unable to find local partners. Several Tibetan-run NGOs were also reportedly pressured to close. There were no known international NGOs operating in the TAR. PRC government officials were not cooperative or responsive to the views of Tibetan or foreign human rights groups.

Women

Rape and Domestic Violence: See section 6, Women, in the Country Reports on Human Rights Practices for 2020 for China.

Sexual Harassment: See section 6, Women, in the Country Reports on Human Rights Practices for 2020 for China.

Coercion in Population Control: As in the rest of China, there were reports of coerced abortions and sterilizations, although the government kept no statistics on these procedures. The CCP restricts the right 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: See section 6, Women, in the Country Reports on Human Rights Practices for 2020 for China.

Children

Birth Registration: See section 6, Children, in the Country Reports on Human R9ights Practices for 2020 for China.

Education: The PRC’s nationwide “centralized education” policy was in place in many rural areas. The policy forced the closure of many village and monastic schools and the transfer of students to boarding schools in towns and cities. Media reports indicated the program was expanding. This, and aspects of education policy generally, led many Tibetan parents to express deep concern about growing “ideological and political education” that was critical of the “old Tibet,” and taught Tibetan children to improve their “Chinese identity” in elementary schools. In August, PRC President Xi Jinping personally urged local officials in the TAR and other Tibetan areas to further ideological education and sow “loving-China seeds” into the hearts of children in the region.

Authorities enforced regulations limiting traditional monastic education to monks older than 18. Instruction in Tibetan, while provided for by PRC law, was often inadequate or unavailable at schools in Tibetan areas.

The number of Tibetans attending government-sponsored boarding school outside Tibetan areas increased, driven by PRC government policy that justified the programs as providing greater educational opportunities than students would have in their home cities. Tibetans and reporters, however, noted the program prevented students from participating in Tibetan cultural activities, practicing their religion, or using the Tibetan language. Media reports also highlighted discrimination within government boarding school programs. Tibetans attending government-run boarding schools in eastern China reported studying and living in ethnically segregated classrooms and dormitories justified as necessary security measures, although the government claimed cultural integration was one purpose of these programs.

Child, Early, and Forced Marriage: See section 6, Children, in the Country Reports on Human Rights Practices for 2020 for China.

Sexual Exploitation of Children: See section 6, Children, in the Country Reports on Human Rights Practices for 2020 for China.

International Child Abductions: See section 6, Children, in the Country Reports on Human Rights Practices for 2020 for China.

Anti-Semitism

See section 6, Anti-Semitism, in the Country Reports on Human Rights Practices for 2020 for China.

Trafficking in Persons

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

Persons with Disabilities

See section 6, Persons with Disabilities, in the Country Reports on Human Rights Practices for 2020 for China.

Members of National/Racial/Ethnic Minority Groups

Although observers believe that ethnic Tibetans made up the great majority of the TAR’s permanent, registered population–especially in rural areas–there was no accurate data reflecting the large number of long-, medium-, and short-term Han Chinese migrants, such as officials, skilled and unskilled laborers, military and paramilitary troops, and their dependents, in the region.

Observers continued to express concern that major development projects and other central government policies disproportionately benefited non-Tibetans and contributed to the considerable influx of Han Chinese into the TAR and other Tibetan areas. Large state-owned enterprises based outside the TAR engineered or built many major infrastructure projects across the Tibetan plateau; Han Chinese professionals and low-wage temporary migrant workers from other provinces, rather than local residents, generally managed and staffed the projects.

Economic and social exclusion was a major source of discontent among a varied cross section of Tibetans.

There were reports in prior years that some employers specifically barred Tibetans and other minorities from applying for job openings. There were, however, no media reports of this type of discrimination during the year.

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

See section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity, in the Country Reports on Human Rights Practices for 2020 for China.

Promotion of Acts of Discrimination

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

See section 7, Worker Rights, in the Country Reports on Human Rights Practices for 2020 for China.

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China | Hong Kong | Macau

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports that the illegitimate Maduro regime committed arbitrary or unlawful killings. Although the regime did not release statistics on extrajudicial killings, nongovernmental organizations (NGOs) reported that national, state, and municipal police entities, as well as the armed forces and regime-supported colectivos, carried out thousands of such killings during the year.

The Public Ministry is responsible for initiating judicial investigations of security force abuses. The Office for Protection of Human Rights in the Public Ministry is responsible for investigating cases involving crimes committed by public officials, particularly security officials. There was also no official information available on the number of public officials prosecuted, convicted, or sentenced to prison for involvement in extrajudicial killings, which, in the case of killings committed by police, were often classified as “resistance to authority.”

On August 20, FAES officers shot and killed journalists Andres Nieves Zacarias and Victor Torres during a raid at the headquarters of Guacamaya TV in Zulia State. Torres’ father, the director of the television station, stated FAES officers then seized all of the station’s audiovisual equipment and planted weapons on the victims’ bodies to simulate an alleged confrontation. Illegitimate regime attorney general Tarek William Saab called the homicides extrajudicial killings, and four FAES officers were arrested in connection with the killings.

The illegitimate regime attorney general reported that from 2017 to July, one officer was convicted of homicide for killings in the context of security operations. The regime did not release details on the officer’s conviction or other investigations of security officers involved in killings. The OHCHR found that investigations of human rights violations committed by regime security forces were hampered by its refusal to cooperate, tampering with evidence, judicial delays, and harassment of relatives of victims. According to NGOs, prosecutors occasionally brought cases against perpetrators of extrajudicial killings, but prosecutions often resulted in light sentences, and convictions were often overturned on appeal. In many cases the regime appeared to be scapegoating low-level functionaries while allowing high-level officials who issued the illegal orders to continue in their positions.

A UN Independent International Fact-Finding Mission (FFM) on Venezuela report released in September stated that extrajudicial killings were committed by officers belonging to the military, police, and intelligence services, including in more recent years by FAES and the National Scientific Criminal and Investigative Corps (CICPC) officers. The FFM asserted that some high-level authorities had knowledge of and contributed to the crimes, while others who knew or should have known of the crimes did not take measures to prevent or stop them. Victims were typically young men, targeted due to alleged criminal activity, revenge, or mistaken identity, who were shot and killed in their homes or neighborhoods. Media and NGOs reported security forces attempted to cover up extrajudicial killings by planting evidence or altering crime scenes to suggest an altercation or attempted escape by the victim. The FFM concluded there were reasonable grounds to believe that authorities and security forces planned and executed serious human rights violations, including killings, some of which amounted to crimes against humanity, since 2014. The FFM report also stated there were reasonable grounds to believe that Maduro and other regime officials either ordered, contributed to, or were involved in the commission of the crimes and human rights abuses documented in the FFM report.

b. Disappearance

The NGOs Foro Penal and Robert F. Kennedy Human Rights documented 753 enforced disappearances of political detainees between 2018 and June 2020. An OHCHR investigation found that almost all individuals detained by the Directorate General of Military Counterintelligence (DGCIM) were subjected to enforced disappearances for periods of seven to 40 days after their arrest, raising their risk of also becoming victims of torture and abuse. The illegitimate Maduro regime continued to deny requests by the UN Working Group on Enforced or Involuntary Disappearances to visit the country to conduct an investigation.

On March 10, FAES officers detained National Assembly (AN) deputy Renzo Prieto and two assistants, without a warrant for their arrest, after the three participated in a protest in support of interim president Guaido. The illegitimate Maduro regime authorities did not disclose Prieto’s location, nor did they allow any form of communication between Prieto and his family or lawyers during his detention. Prieto’s family expressed significant concern for his state of health, due to an injury that required urgent surgical care and risk of contracting COVID-19. While in regime custody, Prieto stated he was forced to sleep on the floor in a frigid, windowless, four-by-eight-foot cell with five other detainees. On August 31, Prieto was released. Prieto previously had been in regime detention from 2014 to 2018, also after participating in a protest, in what the UN Working Group on Arbitrary Detention concluded was an arbitrary arrest.

The illegitimate Maduro regime arrested AN deputy Gilber Caro in December 2019, his third detention since 2017, and did not reveal his location or permit contact with his lawyer until January 21. On August 31, he was released.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, there were credible reports that Maduro-aligned security forces tortured and abused detainees. According to the illegitimate Maduro regime, as of May, 26 individuals had been convicted of torturing or abusing detainees.

The regime-aligned Office of the Human Rights Ombudsman did not publish statistics regarding allegations of torture by police during the year. Several NGOs detailed cases of widespread torture and “cruel, inhuman, and degrading treatment.” Human rights groups reported the regime continued to influence the attorney general and public defenders to conduct investigations selectively and subjectively. No official data were available on investigations, prosecutions, or convictions in cases of alleged torture. The NGO Foro Penal maintained that hundreds of cases were not reported to government institutions because victims feared reprisal. The OHCHR found that in some cases doctors issued false or inaccurate medical reports not disclosing signs of torture.

Press and NGOs reported that beatings and humiliating treatment of suspects during arrests were common and involved various law enforcement agencies and the military controlled by the illegitimate Maduro regime. Torture and other cruel, inhuman, or degrading treatment or punishment of prisoners were also reported during the year. Regime-aligned authorities reportedly subjected detainees to asphyxiation, electric shock, broken bones, being hung by their limbs, and being forced to spend hours on their knees. Detainees were also subjected to cold temperatures, sensory deprivation, and sleep deprivation; remained handcuffed for extended periods of time; and received death threats to themselves and their relatives. Detainees reported regime-aligned security forces moved them from detention centers to houses and other clandestine locations where abuse took place. Cruel treatment frequently involved illegitimate regime authorities denying prisoners medical care and holding them for long periods in solitary confinement. The latter practice was most prevalent with political prisoners. NGOs detailed reports from detainees who were victims of sexual and gender-based violence by regime-aligned authorities. The FFM found that regime-aligned security forces, specifically the Bolivarian National Intelligence Service (SEBIN) and DGCIM, subjected detainees to torture and cruel, inhuman, and degrading treatment, and that high-level regime officials committed, ordered, or contributed to the abuses or were aware of their activities and failed to prevent or stop them.

Foro Penal reported multiple instances of political prisoners denied adequate medical treatment while in regime custody. Foro Penal noted instances in which regime authorities transferred detainees to a medical facility, where instead of receiving treatment, they were interrogated by security officials. PROVEA identified 574 cases of torture by regime-aligned security forces in 2019, resulting in the deaths of at least 23 individuals. NGOs reported that members of the military represented a growing number of victims of torture, such as retired naval captain Rafael Acosta Arevalo, who died of injuries sustained from torture while in regime custody in June 2019.

Political activist Vasco Da Costa, who had been detained in the Ramo Verde military prison despite being a civilian, was released in August 2019 after more than two years in regime custody. Da Costa described extended periods of torture at the hands of the DGCIM, including use of electric shocks, simulated drownings, and beatings to the feet and stomach to the point that he lost control of his bowels. According to Da Costa, prison guards systematically beat and mutilated detainees according to the detainees’ occupations, targeting the legs of soldiers, the hands of a surgeon who was arrested because he was the spouse of a soldier wanted by the regime, and in the case of Da Costa, his eyes due to his role as an academic.

Impunity was a significant problem in the security forces. Despite continued reports of police abuse and involvement in crime, particularly in the activities of illegally armed groups, including illegal and arbitrary detentions, extrajudicial killings, kidnappings, and the excessive use of force, the illegitimate Maduro regime took no effective action to investigate officials who committed human rights abuses. Corruption, inadequate police training and equipment, and insufficient central government funding, particularly for police forces in states and municipalities governed by opposition officials, reduced the effectiveness of the security forces. NGOs noted that many victims did not report violent crimes to police or other regime authorities due to fear of retribution or lack of confidence in police. The regime, backed by Cuban security force members embedded in Maduro’s security and intelligence services, refused to cede power, preventing the interim government from taking action.

Prison and Detention Center Conditions

Most prison conditions were harsh and life threatening due to gross overcrowding, food shortages, inadequate sanitary conditions and medical care, systemic violence, and poor infrastructure.

Physical Conditions: According to the NGO A Window to Liberty (UVL), prison capacity was approximately 19,000 inmates for penitentiaries and 5,000 for police station jails. Conditions were most acute in pretrial detention facilities such as police station jails. Overcrowding was 172 percent for penitentiaries and 415 percent for police station jails on average, although the NGO Venezuelan Observatory for Prisons (OVP) noted that in some jails the overcrowding ranged from 800 to 1,200 percent. Overcrowding and generally unsanitary conditions placed prisoners at increased risk of contracting respiratory diseases such as tuberculosis and COVID-19.

There were two women’s prisons, one each in the states of Miranda and Zulia. The law stipulates women in mixed prisons must be held in annexes or separate women’s blocks. A local NGO reported that male and female prisoners intermingled. Illegitimate Maduro regime security forces and law enforcement authorities often held minors together with adults, although separate facilities existed. Because institutions were filled beyond capacity, hundreds of children accused of infractions were confined in juvenile detention centers, where they were reportedly crowded into small, unsanitary cells.

The CICPC detention facility, police station jails, and detention centers also were overcrowded, causing many police station offices to be converted into makeshift prison cells. Long delays in court proceedings and prison transfers created a parallel system that held prisoners in police station jails, in some cases for years, although these facilities were designed to hold individuals only for 48 hours. Prisoners reportedly took turns sleeping on floors and in office chairs, and sanitation facilities were inadequate or nonexistent. A UVL study of 248 facilities holding pretrial detainees revealed 315 percent overcrowding. The UVL also found that 5 percent of facilities provided medical services, more than 90 percent did not have potable water, 50 percent did not have regular trash collection or proper restrooms, and 35 percent lacked electricity.

The National Guard (GNB) and the Ministry of Interior, Justice, and Peace have responsibility for prisons’ exterior and interior security, respectively. The illegitimate Maduro regime failed to provide adequate prison security. The OVP estimated a staffing gap of 90 percent for prison security personnel, with one guard for every 100 inmates, instead of one for every 10 as recommended by international standards. Armed gangs, known as pranes, exercised de facto control within some prisons.

According to the UVL and OVP, between March and August, 287 prisoners died in prisons and jails, more than double the number compared with the same period in 2018. Some deaths resulted from prison and detention center riots. For example, on May 1, GNB officers opened fire on prisoners during a riot at the Los Llanos penitentiary in Portuguesa State, leaving 47 prisoners killed and 67 injured. Illegitimate regime Minister of Prisons Iris Varela claimed the riot began as an attempted prison escape, an account disputed by inmates and their family members, who stated the prisoners were protesting malnutrition. Media reported the prison, which was designed for 750 prisoners, held at least 2,500 inmates. AN members called the violence a massacre, and human rights NGOs and the OHCHR called for an investigation. The illegitimate Maduro regime charged 10 persons for their involvement in the violence.

The OVP reported inmate deaths due to generally unsanitary and unsafe conditions prevalent in prisons, with 73 percent the result of tuberculosis and malnutrition. The OVP reported that due to inadequate nutrition and lack of potable water, stomach illnesses were common among inmates. The UVL reported that in more than 90 percent of detention facilities, prisoners depended upon family visits to supply them with food, water, and medicine. Media reported prison guards regularly stole food families purchased for inmates. Prisoners were unable to meet their basic needs when illegitimate Maduro regime authorities suspended family visits to prisons and detention centers on April 2 due to the COVID-19 pandemic. A study by the NGO Solidarity Action found prison rules resulted in the isolation of those with HIV/AIDS in “inadequate spaces without food and medical attention.” The OVP reported a generalized lack of medical care, drugs, equipment, and physicians for prisoners. Inmates often received the same pills regardless of their symptoms, and pregnant women lacked adequate facilities for medical attention.

Administration: The illegitimate regime’s Ministry of Penitentiary Services did not respond to requests from the OVP, UVL, other human rights organizations, inmates, or families regarding inmates or investigations of the harsh conditions that led to hunger strikes, violent uprisings, and massacres.

Prisoners and detainees generally had access to visitors, including some with overnight privileges, until authorities suspended family visits in April due to the COVID-19 pandemic. In some cases prison officials harassed or abused visitors. For political prisoners, prison officials imposed significant restrictions on visits by family and legal representation. When allowed access, visitors were at times subjected to strip searches.

Independent Monitoring: Human rights observers experienced lengthy delays and restrictions in gaining access to prisons and detention centers. More than 300 lay members from the Venezuelan Episcopal Conference of the Roman Catholic Church volunteered in 40 prisons. Although prohibited from formally entering prisons, Catholic laity visited prisoners on family visitation days. As of September the OHCHR had conducted 15 visits of 13 detention centers.

d. Arbitrary Arrest or Detention

The constitution prohibits the arrest or detention of an individual without a judicial order and provides for the accused to remain free while being tried, but judges and prosecutors often disregarded these provisions. The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but the illegitimate Maduro regime generally did not observe this requirement. While NGOs such as Foro Penal, the Committee for the Families of Victims of February-March 1989, the Institute for Press and Society, Espacio Publico, and PROVEA noted at least 2,000 open cases of arbitrary detentions, illegitimate Maduro regime authorities rarely granted them formal means to present their petitions. Regime authorities arbitrarily detained individuals, including foreign citizens, for extended periods without criminal charges.

Arrest Procedures and Treatment of Detainees

While a warrant is required for an arrest, detention is permitted without an arrest warrant when an individual is apprehended in the act of committing a crime or to secure a suspect or witness during an investigation. Police often detained individuals and raided their homes without a warrant. The OHCHR found that in several cases the illegitimate Maduro regime issued warrants retroactively or forged the warrant’s date of issuance. The law mandates that detainees be brought before a prosecutor within 12 hours and before a judge within 48 hours to determine the legality of the detention; the law also requires that detainees be informed promptly of the charges against them. The regime routinely ignored these requirements.

Although the law provides for bail, release on bail is not afforded to persons charged with certain crimes. Bail also may be denied if a person is apprehended in the act of committing a crime or if a judge determines the accused may flee or impede the investigation. The law allows detainees access to counsel and family members, but that requirement was often not met, particularly for political prisoners. The constitution also provides any detained individual the right to immediate communication with family members and lawyers who, in turn, have the right to know a detainee’s whereabouts. A person accused of a crime may not be detained for longer than the possible minimum sentence for that crime or for longer than two years, whichever is shorter, except in certain circumstances, such as when the defendant is responsible for the delay in the proceedings. The regime routinely ignored these requirements.

Arbitrary Arrest: Foro Penal reported 281 cases of arbitrary detention between January 1 and July 31.

On May 9, illegitimate regime security forces arrested Junior Pantoja, a former city councilman and soup-kitchen manager, during a violent police confrontation with armed gangs in a Caracas neighborhood. Pantoja’s relatives and neighbors, as well as AN, called the arrest arbitrary and politically motivated due to his role as a community leader. Pantoja’s lawyer claimed security forces planted five bullets on Pantoja in order to arrest him for gang-related activity and arms trafficking. On June 24, he was released and on August 23, he died of a respiratory infection after his health deteriorated while in regime custody.

On October 4, the illegitimate Maduro regime, without providing explanation, prevented interim president Juan Guaido’s chief of staff, Roberto Marrero, from boarding a flight to Spain. Marrero had been released from regime custody on August 31, following his March 2019 arrest and months of arbitrary judicial delays. Media reported contradictory and conflicting evidence submitted by prosecutors–including allegations that rifles and a grenade were planted at Marrero’s residence on the day of his arrest. Marrero was charged with conspiracy, treason, and weapons smuggling. Many international entities, including the Lima Group and the EU, condemned Marrero’s 2019 arrest as politically motivated.

Pretrial Detention: Pretrial detention remained an egregious problem. According to the UVL, approximately 70 percent of the prison population was in pretrial detention. The NGO Citizen Observatory of the Penal Justice System attributed trial delays to the shortage of prosecutors and penal judges.

Despite constitutional protections that provide for timely trials, judges reportedly scheduled initial hearings months after the events that led to the detention. Proceedings were often deferred or suspended when an officer of the court, such as the prosecutor, public defender, or judge, failed to attend. Prisoners reported to NGOs that a lack of transportation and disorganization in the prison system reduced their access to the courts and contributed to trial delays.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, but the judiciary lacked independence and generally judged in favor of the illegitimate regime at all levels. There were credible allegations of corruption and political influence throughout the judiciary. According to reports from the Inter-American Commission on Human Rights (IACHR), more than 75 percent of all judges had provisional appointments and were subject to removal at will by the Supreme Court (TSJ) Judicial Committee. Provisional and temporary judges, who legally have the same rights and authorities as permanent judges, allegedly were subjected to political influence to make proregime determinations. The OHCHR reported that lower courts received instructions from the TSJ on cases, especially those of a political nature, and observed that TSJ decisions related to the AN were inconsistent and raised concerns regarding politicization. Low salaries for judges at all levels increased the risk of corruption.

There was a general lack of transparency and stability in the assignments of district attorneys to cases and a lack of technical criteria for assigning district attorneys to criminal investigations. These deficiencies hindered the possibility of bringing offenders to justice and resulted in a 90 percent rate of impunity for common crimes and a higher percentage of impunity for cases of alleged human rights abuses.

Trial Procedures

The law provides for the right to a fair and public trial with oral proceedings for all individuals. By law defendants are considered innocent until proven guilty. The law requires that detainees be informed promptly of the charges against them, but the requirement was often ignored and, even when respected, involved dubious allegations, according to human rights organizations. Defendants have the right to consult with an attorney. According to the Office of the Human Rights Ombudsman, there were approximately 1,300 public defenders, but indigent defendants’ right to free counsel was often not respected because of attorney shortages. Free interpretation was often not available to defendants. Some NGOs provided pro bono counsel to defendants.

Defendants may request no fewer than 30 days and no more than 45 days to prepare their defense. Defendants have the right to question adverse witnesses and present their own witnesses. By law defendants may not be compelled to testify or confess guilt. Defendants and plaintiffs have the right of appeal. The OHCHR documented cases in which the illegitimate Maduro regime prevented lawyers from meeting with defendants and denied them confidentiality or access to case files.

Trial delays were common. Trials in absentia are permitted in certain circumstances, although opponents of the procedure claimed the constitution prohibits such trials. The law also states that, in the absence of the defense attorney, a trial may proceed with a public defender whom the court designates. The law gives judges the discretion to hold trials behind closed doors if a public trial could “disturb the normal development of the trial.”

On November 8, the TSJ convicted judge Maria Lourdes Afiuni of “spiritual corruption,” an offense that does not exist under criminal law, and sentenced her to five years’ imprisonment. Human rights NGOs and lawyers called the charges fabricated and an attempt to coerce other judges to take action against opposition politicians. In 2009 authorities arrested Afiuni on charges of corruption and abuse of authority for her decision to release a businessman who had been held in pretrial detention beyond the maximum time prescribed by law. Following her release to house arrest in 2011, regime-aligned authorities limited her movements and ability to speak to the press before granting her an unconditional release in July 2019.

The law mandates that municipal courts handle “less serious” crimes, i.e., those carrying maximum penalties of imprisonment of fewer than eight years. Municipal courts may levy penalties that include three to eight months of community service. Besides diverting some “less serious” crimes to the municipal courts, this diversion also permits individuals accused of “lesser crimes” to ask the courts to suspend their trials conditionally in exchange for their admission of responsibility, commitment to provide restitution “in a material or symbolic form,” community service, or any other condition imposed by the court.

The law provides that trials for military personnel charged with human rights abuses after 1999 be held in civilian rather than military courts. In addition, under the Organic Code of Military Justice, an individual may be tried in the military justice system for “insulting, offending, or disparaging the national armed forces or any related entities.” NGOs and the IACHR expressed concern with the regime’s practice of trying civilians under the military justice system for protests and other actions not under military jurisdiction. According to Foro Penal, since 2014 military courts had processed 870 civilians.

Political Prisoners and Detainees

The illegitimate Maduro regime used the judiciary to intimidate and prosecute individuals critical of regime policies or actions. Foro Penal reported 351 political prisoners in regime custody as of December 28, compared with 388 political prisoners at the end of 2019. The regime routinely held political prisoners in SEBIN installations or the Ramo Verde military prison without an explanation of why they were not being held in civilian detention facilities.

On August 31, the illegitimate Maduro regime announced the “pardon” of 110 political prisoners. These pardons were conditional, with regime officials threatening to rescind the benefit if any individuals “return to any act of terrorism, violence, or coup mongering,” as arbitrarily determined by the regime. According to Foro Penal, however, only 50 of those named were in regime custody at the time. Of the prisoners, 23 had already been released, and the remaining 37 were AN deputies either in exile, in foreign embassy asylum in Caracas, or facing prosecution. Media and NGOs noted that since most on the list were not duly convicted or even charged with any crime, the move was a dismissal rather than a pardon. The list did not include any members of the military, although they represented 20 percent of political prisoners, according to Foro Penal. On September 7, regime attorney general Tarek William Saab encouraged the released detainees to participate in the December 6 parliamentary elections, but he warned they would be rearrested if found to have committed additional “crimes.”

On March 15, SEBIN officers arrested AN deputy Tony Geara. Geara was charged with financing terrorism and weapons trafficking after he posted comments on social media noting that a local hospital did not have running water. Media reported in August that Geara tested positive for COVID-19 while in SEBIN custody in Bolivar State. On August 31, Geara was released.

On August 28, AN deputy Juan Requesens was released to house arrest after being detained for more than two years for his alleged involvement in an attempted assassination of Maduro. International observers criticized irregularities in Requesens’ trial, which was marred by lengthy judicial delays as well as a lack of transparency and legal due process.

On October 14, opposition party leader Leopoldo Lopez fled to Spain after more than one year inside the Spanish embassy in Caracas. He previously escaped house arrest during mass demonstrations in April 2019, and in May 2019 the illegitimate Maduro regime issued a warrant for his arrest. Lopez was notably not included in the August 31 “pardon” of political prisoners.

In 2017 the head of state-owned oil company PDVSA summoned six executives of U.S.-based subsidiary CITGO to Venezuela for an emergency budget meeting: U.S. citizens Tomeu Vadell, Gustavo Cardenas, Jorge Toledo, Alirio Jose Zambrano, and Jose Luis Zambrano and U.S. Legal Permanent Resident Jose Angel Pereira (collectively known as the CITGO-6). Upon their arrival in Caracas, they were detained by masked security agents; charged with embezzlement, money laundering, and criminal association for an alleged deal they signed to restructure CITGO bonds; and confined in one of the country’s most dangerous prisons. After their initial appearance before a judge was cancelled dozens of times during three years, the trial of the six began in August. On November 21, they were convicted and sentenced as soon as closing arguments concluded to terms of eight to 13 years in prison. Their cases were marred by a lack of legal due process and based on politically motivated charges. The illegitimate regime denied media and human rights groups access to the trial.

Politically Motivated Reprisal against Individuals Located Outside the Country

There were credible reports that the illegitimate Maduro regime attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. On October 22, the TSJ issued an extradition request for Ivan Simonovis, former political prisoner and sitting interim government commissioner for security. The regime charged Simonovis with the attempted murder of Maduro, treason, terrorism, and weapons trafficking. Simonovis escaped from house arrest in May 2019 and fled the country.

Civil Judicial Procedures and Remedies

While there are separate civil courts that permit citizens to file lawsuits seeking damages, there are no procedures for individuals or organizations to seek civil remedies for human rights abuses.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution provides for the inviolability of the home and personal privacy, but the illegitimate regime generally failed to respect these prohibitions. In many cases, particularly regarding the political opposition, regime-aligned authorities searched homes without judicial or other appropriate authorization, seized property without due process, or interfered in personal communications. FAES and other security forces regularly conducted both politically motivated and indiscriminate household raids. Throughout the year media reports documented raids by security forces on the homes of opposition party politicians and their relatives.

State surveillance remained rampant, including through the assistance of telecom regulator the National Telecommunications Commission (CONATEL) and state-run telecommunications provider CANTV. In February 2019 the interim government created a website for volunteers to participate in the delivery of international humanitarian aid. CANTV manipulated the Domain Name System to redirect visitors to a fake website registered to CONATEL that was designed to phish visitors’ personal information. Further, telecommunications companies reportedly assisted the government in monitoring communications of political opponents. Technical attacks against media outlets appeared to be linked to the armed forces.

China, through its telecommunications corporation ZTE (Zhongxing Telecommunication Equipment Corporation), provided the government with the technology to monitor citizens’ social, political, and economic behavior through an identity card called carnet de la patria (homeland card). To force citizens to comply, the Maduro regime made it obligatory to present the card to obtain social services, including pensions, medicine, food baskets, and subsidized fuel. Citizens essentially had no choice but to obtain and use the card despite the known tracking methods. Chinese companies such as Huawei and the China National Electronics Import-Export Company were also supporting financially and technologically these surveillance methods.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the combination of laws and regulations governing libel, slander, and media content as well as legal harassment, physical intimidation of individuals and media, and executive influence on the judiciary resulted in significant repression of these freedoms. National and international groups, such as the IACHR, Human Rights Watch, Freedom House, Inter American Press Association, Reporters without Borders, and Committee to Protect Journalists, condemned illegitimate Maduro regime efforts throughout the year to restrict press freedom and create a climate of fear and self-censorship.

Freedom of Speech: The law makes conviction of insulting the president punishable by six to 30 months in prison without bail, with lesser penalties for insulting lower-ranking officials. In 2017 the illegitimate Constituent National Assembly (ANC) gave final approval to the Constitutional Law against Hate, for Political Coexistence and Tolerance, which stipulates prison sentences of up to 20 years. While the regime stated the purpose of the law was to “promote peace and tolerance,” NGOs observed the vaguely written law could be used to silence political parties, activists, and civil society leaders as well as media outlets and journalists. Conviction of exposing another person to public contempt or hatred is punishable by prison sentences of one to three years and fines. Espacio Publico reported 795 violations of freedom of expression, including 135 arrests, between January and August.

The illegitimate Maduro regime threatened, harassed, and arrested journalists, opposition politicians, and health-care workers for speaking out regarding COVID-19 and the response to the pandemic. Espacio Publico documented at least 59 arrests by September for COVID-19 coverage.

On March 17, the DGCIM detained medical doctor Ruben Duarte for publishing a video deploring the lack of supplies and personal protective equipment (PPE) at the San Cristobal Central Hospital. In August the NGO United Doctors for Venezuela reported at least 12 health-care workers were arrested for demanding PPE. Doctors, nurses, and other health-care professionals, who feared for their own and others’ safety by working without PPE, reported they also faced regime repression for failing to appear for work.

Freedom of Press and Media, Including Online Media: The law provides that conviction of inaccurate reporting that disturbs the public peace is punishable by prison terms of two to five years. The requirement that media disseminate only “true” information was undefined and open to politically motivated interpretation.

The law prohibits all media from disseminating messages that incite or promote hate or intolerance for religious, political, gender-related, racial, or xenophobic reasons; incite, promote, or condone criminal acts; constitute war propaganda; foment anxiety in the population or affect public order; do not recognize legitimate government authorities; incite homicide; or incite or promote disobedience of the established legal order. Penalties range from fines to the revocation of licenses. The threat of nonrenewal of operating licenses systematically led to self-censorship on the part of several media outlets.

Despite such laws, Maduro and the regime-aligned United Socialist Party of Venezuela (PSUV) used the nearly 600 regime-owned or -controlled media outlets to insult and intimidate the political opposition throughout the year. ANC president Diosdado Cabello continued to use his weekly television program to denounce individual journalists and media outlets.

The law declares telecommunications a “public interest service,” thereby giving the government authority to regulate the content and structure of radio, television, and audiovisual production sectors. The law provides that the government may suspend or revoke licenses when it judges such actions necessary in the interests of the nation, public order, or security. The law empowers the government to impose heavy fines and cancel broadcasts for violations of its norms; CONATEL oversees the law’s application.

The illegitimate Maduro regime continued legal actions against high-profile independent media outlets Tal Cual, El Nacional, El Nuevo Pais, La Patilla, El Pitazo, and Globovision. Following the shuttering of DirecTV’s operations on May 19, the TSJ ordered the seizure of all property and equipment of DirecTV and banned DirecTV’s executives from leaving the country. On August 14, DirecTV resumed operations, although multiple regime-independent outlets reported challenges–including veiled threats, outright blocks, and fines–preventing them from broadcasting freely over DirecTV when service was re-established.

The illegitimate Maduro regime-owned and -influenced media provided almost continuous proregime programming. In addition private and public radio and television stations were required to transmit mandatory nationwide broadcasts throughout the year, including a daily 15-minute news broadcast that provided reports and summaries of regime activities. Media reported the GNB regularly barred journalists from covering AN debates and activities. The country’s online independent newspapers were frequently blocked by CANTV. NGOs noted that regime-owned internet service provider CANTV also routinely blocked commercial streaming and web searches during interim president Guaido’s speeches and during weekly AN sessions. On January 5, CANTV restricted access to social media on the same day as a leadership vote in the AN, while security forces blocked lawmakers and media from accessing the premises.

The illegitimate regime arbitrarily detained 28 journalists from January to July, according to the national journalists’ union.

Media and NGOs reported increased repression and intimidation of journalists following the emergence of COVID-19. Despite a specific exception permitting travel for members of the press during quarantine, the illegitimate Maduro regime limited the freedom of movement of journalists.

On March 21, FAES officers arrested freelance journalist Darvinson Rojas and his family for inciting hatred. Rojas’ reporting questioned figures published by the illegitimate Maduro regime regarding COVID-19 cases. On August 2, the illegitimate regime granted Rojas a conditional release. DGCIM officers arrested Nicmer Evans on July 13, also for inciting hatred. NGOs and journalists called the arrest a retaliation against Evans due to his role as the founder and director of news site Punto de Corte, which frequently published articles critical of the regime. On August 31, Evans was released.

The law requires practicing journalists to have journalism degrees and be members of the National College of Journalists, and it prescribes jail terms of three to six months for those practicing the profession illegally. These requirements are waived for foreigners and opinion columnists.

Violence and Harassment: Senior national and state leaders of the illegitimate Maduro regime continued to harass and intimidate privately owned and opposition-oriented television stations, media outlets, and journalists by using threats, property seizures, administrative and criminal investigations, and prosecutions. The national journalists’ union reported 260 attacks on journalists from January to August. On February 11, regime supporters and colectivos attacked at least 12 journalists covering the return of interim president Guaido from an international tour. Maduro and illegitimate regime-aligned officials used regime-controlled media outlets to accuse private media owners, directors, and reporters of fomenting antiregime destabilization campaigns and coup attempts. Regime officials also harassed foreign journalists working in the country.

Censorship or Content Restrictions: NGOs noted the illegitimate Maduro regime’s preference for using legal proceedings, financial sanctions, and administrative actions against unfavorable news outlets instead of shutting them down outright. Members of the independent media stated they regularly engaged in self-censorship due to fear of regime reprisals. This resulted in many journalists posting articles to their personal blogs and websites instead of publishing them in traditional media.

The regime also exercised control over content through licensing and broadcasting requirements. CONATEL acted selectively on applications from private radio and television broadcasters for renewal of their broadcast frequencies. According to Nelson Belfort, former president of the Venezuelan Radio Chamber, and NGO reports, approximately 80 percent of radio stations were in “illegal” status throughout the country due to CONATEL’s not having renewed licenses for most radio stations since 2007.

According to the local journalists’ union, print news outlets closed due to the illegitimate Maduro regime’s economic policies, which made it difficult for independent newspapers to access foreign currency, preventing many from purchasing critical supplies and equipment necessary for day-to-day business operations. In January, 16 print outlets suspended circulation, generally for lack of supplies, and at least 200 media outlets had been blocked, censored, or closed by May.

The illegitimate Maduro regime controlled a large portion of the country’s businesses and paid for advertising only with regime-owned or regime-friendly media.

A study by the NGO Institute for Press and Society (IPYS) found that more than five million citizens lived in “media deserts,” areas that had no access to print, television, radio, or digital media due to censorship, forced closures of television and radio stations, and reprisals against journalists. Access to information was most heavily restricted in border territories and indigenous communities.

Libel/Slander Laws: Regime-aligned officials engaged in reprisals against individuals who publicly expressed criticism of Maduro or regime policy. Maduro did not act on his 2017 announcement that he would use libel and slander laws to “defend his honor” in court against opposition leaders’ allegations that he was responsible for protest-related deaths. In October investigative journalist Clavel Rangel was forced to leave the country promptly after publishing an expose on corruption in Bolivar State. The subject of the report, a businessman with links to the regime, filed a defamation suit against Rangel, which would have prohibited her from discussing the case in media or leaving the country.

National Security: The law allows the government to suspend or revoke licenses when it determines such actions necessary in the interests of public order or security. The illegitimate Maduro regime exercised control over the press through a public entity, the Strategic Center for Security and Protection of the Homeland (CESPPA), established in 2013, which is similar to the governmental entity Center for National Situational Studies (CESNA) established in 2010. CESNA and CESPPA have similar mandates and are responsible for “compiling, processing, analyzing, and classifying” both regime-released and other public information with the objective of “protecting the interests and objectives of the state.”

During the year Maduro renewed three times the “state of alarm” issued on March 13, citing the COVID-19 pandemic, and granted himself the power to restrict rights otherwise provided for in the constitution. The 60-day emergency decree, which by law is renewable only once and requires AN endorsement to be effective, allows the president to block any action he deems could “undermine national security” or could “obstruct the continuity of the implementation of economic measures for the urgent reactivation of the national economy.” The regime also threatened, harassed, and arrested journalists, opposition politicians, and health-care workers for speaking out on COVID-19 and the response to the pandemic.

Nongovernmental Impact: Widespread violence in the country, often encouraged or left undeterred by the Maduro regime, made it difficult to determine whether attacks on journalists resulted from common criminal activity or whether criminals or others targeted media members.

Internet Freedom

The illegitimate Maduro regime restricted or disrupted access to the internet and censored online content. The illegitimate regime exercised broad control over the internet through the state-run CONATEL. The China National Electronics Import-Export Company provided the regime with cyber support, technical experts, and a suite of software and hardware that was a commercialized version of China’s “Great Firewall” to maintain online censorship, control information, and prevent the internal dissemination of content deemed undesirable by political leadership. Free Access, an NGO focused on freedom of expression and social justice, reported that CONATEL supported monitoring of private communications and repression of internet users who expressed dissenting opinions online. According to media reports, users of social networks accused CONATEL of monitoring their online activity and passing identifying information to regime intelligence agencies, such as SEBIN. According to Free Access, CONATEL provided information to SEBIN, including internet protocol addresses, which assisted illegitimate Maduro regime authorities in locating users.

The law puts the burden of filtering prohibited electronic messages on service providers, and it allows CONATEL to order service providers to block access to websites that violate these norms and sanctions service providers with fines for distributing prohibited messages. As of September the illegitimate Maduro regime blocked 40 websites and online platforms that contained information regarding COVID-19.

CONATEL’s director, Jorge Elieser Marquez Monsalve, reiterated the claims of his predecessors that CONATEL’s role is to enforce the law and prevent dissemination of illegal information or material unsuitable for children and adolescents. Nevertheless, the illegitimate Maduro regime continued to block internet sites that posted dollar- and euro-to-bolivar currency exchange rates differing from the illegitimate regime’s official rate, as well as cryptocurrency exchanges. The regime-controlled internet service provider CANTV facilitated blockages. According to IPYS and the VE Sin Filtro (VE without Filter) internet monitoring project sponsored by internet freedom watchdog Venezuela Inteligente, the regime blocked websites during events of public interest. Social media and video streaming sites such as Facebook, YouTube, and Periscope were blocked during the AN’s January 5 session and also during live speeches made by interim president Guaido throughout the year. In a September 15 televised address, Maduro denounced the news site Monitoreamos.com as an “enemy” and its journalists as “manipulators and bandits.” On September 16, internet service providers blocked access to the site.

Regime-aligned intelligence agencies, which lacked independent oversight, conducted surveillance for political purposes. Courts relied on evidence obtained from anonymous patriotas cooperantes (cooperating patriots) to harass perceived opponents of the illegitimate Maduro regime, and senior regime-aligned officials used personal information gathered by patriotas cooperantes to intimidate regime critics and human rights defenders. Users were arrested and criminally accused of actions such as tweeting information publicly available on webpages.

On August 28, internet providers blocked access to anticensorship tools to prevent health-care workers from accessing the Health Heroes financial assistance program announced by interim president Guaido, according to VE Sin Filtro. The group also found the financial platform used to distribute payments to health workers had been blocked and the illegitimate Maduro regime launched a phishing campaign that redirected users to a malicious site in order to capture their data.

Academic Freedom and Cultural Events

There were no substantiated reports of illegitimate Maduro regime restrictions on cultural events, but the regime imposed restrictions on academic freedom. Aula Abierta (Open Classroom), a local human rights NGO focused on academic freedom, reported the regime retaliated against opposition-oriented autonomous universities by providing insufficient funding and failing to adjust budgetary allocations to inflation. According to media reports, universities ran deep deficits, receiving less than 10 percent of the funds they budgeted to cover operating costs. In 2017 the National University Council, the government’s regulating body for university education, relinquished its functions to the ANC, disregarding the law requiring university autonomy. According to Aula Abierta, there were 151 security incidents, including fires, thefts, threats, and violence directed towards university students, professors, and school property.

The illegitimate Maduro regime continued to increase its control over local universities, including the admissions process.

In August 2019 the TSJ ordered the Central University of Venezuela to hold university elections in six months. The ruling, which applied to eight other public and private universities as well, stipulated the elected candidate must win in at least three of the five electoral sectors (teachers, students, graduates, administrative staff, and laborers) and must receive an absolute majority of votes. Students and university leaders called the ruling an attack on university autonomy, in violation of the constitution, and stated it would lead to the installation of regime-aligned sympathizers heading universities. On February 27, the TSJ announced a suspension of the ruling. University professors clarified that the suspension only removed the deadline imposed by the TSJ but left in place the changes to electoral process and granted the Ministry of University Education the power to oversee the elections.

On May 8, the Academy of Physical, Mathematical, and Natural Sciences issued a report that accused the illegitimate Maduro regime of underreporting COVID-19 infections. On May 13, PSUV vice president Diosdado Cabello announced an investigation into the academy and invited regime-aligned security forces to summon the report’s authors. Domestic research institutions and international organizations condemned Cabello’s actions as unacceptable intimidation, and interim president Guaido denounced the attack on the independence and academic freedom of researchers.

The illegitimate regime continued its practice, announced in 2018, of educational financial incentives for holders of the carnet de la patria, a regime-issued identity and social benefits card provided primarily to regime supporters (see section 3, Political Parties and Political Participation). NGOs and university students denounced the use of the card as a discriminatory policy that politicized the issuance of scholarships and restricted academic freedom.

b. Freedoms of Peaceful Assembly and Association

The illegitimate Maduro regime restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The constitution provides for the right of peaceful assembly, but the illegitimate Maduro regime generally repressed or suspended it. The law regulates the right to assembly. Human rights groups continued to criticize the law as enabling the regime to charge protesters with serious crimes for participating in peaceful demonstrations. Ambiguous language in the law also allows the illegitimate regime to criminalize organizations critical of it. Protests and marches require authorization from the regime in advance and are forbidden within designated “security zones.” Citizens organized sporadic and often spontaneous small-scale protests throughout the year to demand basic goods and services such as water, gasoline, and electricity. The political opposition and civil society organized marches to support interim president Juan Guaido and demand a transitional government and new presidential elections. The Venezuelan Observatory of Social Conflict (OVCS) documented 4,414 protests in the first six months of the year, 221 of which were repressed by regime-aligned security forces and armed groups. The OVCS documented 129 detentions, 62 injured, and two deaths during protests. An OHCHR investigation found three cases of torture and a sexual assault of protesters committed on May 20 by regime security forces in Lara State. Media reported a group of armed colectivos attacked protesters and journalists gathered at a protest convened on February 29 by interim president Guaido in Lara State.

NGOs and opposition deputies expressed concern that the illegitimate Maduro regime used quarantine restrictions as a form of social control to criminalize protests and silence critics. On May 23, FAES officers arrested Giovanny Meza and four others during a protest in Sucre State to demand water and electricity. Meza, who suffered from multiple sclerosis, had a seizure during his hearing. When the judge ordered a medical examination, doctors found that Meza showed signs of torture, including five broken ribs. Meza was charged with instigation to commit a crime, obstruction of public roads, possession of incendiary objects, and criminal association.

Freedom of Association

The constitution provides for freedom of association and freedom from political discrimination, but the illegitimate Maduro regime did not respect these rights. Although professional and academic associations generally operated without interference, a number of associations complained that the TSJ and the National Electoral Council (CNE), which is responsible for convoking all elections and establishing electoral dates and procedures, repeatedly interfered with their attempts to hold internal elections.

A 2016 presidential decree directed the Foreign Ministry to suspend international funding to NGOs when “it is presumed” the funding was used with “political purposes or for destabilization.”

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/international-religious-freedom-reports/.

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation; however, the illegitimate Maduro regime did not respect these rights.

In-country Movement: The illegitimate regime restricted the movement of certain opposition leaders, preventing them from traveling on regime-controlled airlines and refusing to allow them to board some domestic flights.

The “state of alarm” declared by Maduro in March to limit the spread of COVID-19 restricted freedom of movement and suspended social and business activities. The decree authorized regime-aligned security forces broad latitude and discretion to enforce the decree and conduct investigations. Media reported the illegitimate regime employed the armed forces, FAES, and armed colectivos to enforce quarantine measures. PROVEA documented an excessive use of force in implementing the lockdown, including arbitrary detentions, beatings, torture, and humiliating treatment for allegedly failing to comply with quarantine measures.

On March 17, the illegitimate regime suspended all international travel, although it authorized a number of humanitarian and repatriation flights. On March 16, restrictions were put in place to prevent travel among different states and cities. Many countries experienced severe difficulties in repatriating their citizens due to these restrictions.

Throughout the year high-level regime officials stigmatized returning citizens, blaming them for rising COVID-19 cases and calling them “bioterrorists” and “biological weapons.” On July 15, Maduro called on all citizens to report and apprehend returnees who crossed into the country through unofficial border crossings.

The illegitimate Maduro regime required returnees to spend a mandatory two-week quarantine period at shelters run by the armed forces at the border. Humanitarian organizations and interim government officials reported overcrowding and unsanitary conditions in quarantine shelters that increased the likelihood of COVID-19 transmission. Returnees held in these facilities suffered from insufficient food, water, electricity, and hygiene items, as well as physical insecurity that put vulnerable groups, particularly women and children, at risk of sexual violence and abuse. A COVID-19 diagnostic test was required for release from the quarantine shelters, but in view of the regime’s limited testing capacity, several returnees were held for as long as one month. Media reported returnees were kept from returning to their regions of origin and threatened by armed groups controlling the shelters not to report the poor conditions.

Media reported regime authorities blocked citizens from returning to the country. On June 6, the illegitimate Maduro regime adopted measures to limit the number of citizens returning to the country through the border with Colombia. Migrants were only allowed to return on three specific days a week, and regime authorities set a limit of 1,200-1,300 returnees weekly through Arauca, Cucuta, and Paraguachon. As of September more than 40,000 citizens waited to cross the border into the country through Cucuta, according to the Organization of American States (OAS) commissioner-general for the Venezuela refugee crisis David Smolansky. NGOs reported citizens unable to return to their country faced uncertain legal and financial statuses and were at high risk of victimization for crime, trafficking, and gender-based violence by criminal armed groups.

Following the illegitimate Maduro regime’s closure of official ports of entry, Venezuelans traveling into and out of the country had no choice but to use informal border crossings (trochas) that largely were controlled by illegal armed groups. While no official statistics were available, activists and NGOs reported citizens utilizing the trochas faced significant risks, such as gender-based violence and human trafficking, including forced labor and sexual servitude at the hands of criminal groups. Smugglers and human traffickers also sent refugees and migrants on dangerous sea journeys. In December at least 21 individuals attempting to flee the country and reach Trinidad and Tobago died when their boat capsized. Individuals were often subjected to debt bondage or forced to pay a form of taxation at the informal border crossing to illegal armed groups, increasing the vulnerability of migrants to labor exploitation, harassment, and sexual violence. Many were vulnerable to recruitment, sometimes forced, into drug trafficking rings or illegal and other armed groups.

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

Foreign Travel: Obtaining a passport became increasingly difficult during the year. Prospective applicants waited overnight in lines and often did not receive passports after years of delays. Several applicants reportedly paid several thousand U.S. dollars to obtain a passport. The illegitimate regime repeatedly seized passports from journalists, members of the opposition, and AN deputies at ports of entry without explanation as they attempted to depart the country.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The illegitimate regime did not cooperate with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: With the refugee status determination process centralized at the National Refugee Commission (CONARE) headquarters in Caracas, asylum seekers often waited years to obtain a final decision. During this period they had to continue renewing their documentation every three months to stay in the country and avoid arrest and deportation. While traveling to the commission’s headquarters, particularly vulnerable groups, including women with young children, the elderly, and persons with disabilities, faced increased personal risks such as arrest and deportation, extortion, exploitation, and sexual abuse by regime authorities at checkpoints and other locations.

Access to Asylum: The law provides for the granting of asylum or refugee status, and there is an established system for providing protection to refugees.

Access to Basic Services: Asylum seekers without legal residency permits had limited access to the job market, education, and health systems. The lack of documentation created significant difficulties in achieving sufficient protection and long-term integration. Illegitimate regime authorities permitted Colombian children to attend school but inconsistently granted them diplomas or certificates of completion without residency documentation, resulting in high dropout rates for Colombian children. In 2019 CONARE announced the creation of a border migration control card for refugees present in the country, similar to the carnet de la patria.

The 1999 constitution, the country’s 26th since independence in 1811, provides citizens the ability to change their government through free and fair elections, but regime interference, electoral irregularities, unconstitutional appointments of electors, and harassment and manipulation of voters and candidates restricted the exercise of this right in the 2018 presidential and municipal elections as well as the 2020 legislative elections.

Elections and Political Participation

Recent Elections: Nicolas Maduro’s illegitimate second term as president began on January 10, 2019, following flawed presidential elections in 2018 condemned by the political opposition and international observers as fraudulent and constitutionally invalid. On January 23, 2019, AN president Juan Guaido invoked Article 233 of the constitution, which calls on the AN president to assume the role of interim president in the event of presidential vacancy. In December 2019 media and AN deputies reported a campaign by the illegitimate Maduro regime to intimidate and bribe opposition lawmakers to break the opposition’s majority in the AN. On January 5, the GNB forcibly barred interim president Guaido and opposition deputies from entering the Federal Legislative Palace to elect the AN leadership for 2020. PSUV deputies and a small group of independent deputies aligned with the regime proclaimed Luis Parra, a deputy tainted by corruption allegations, head of the AN despite the lack of a quorum. Opposition deputies proceeded to meet at the headquarters of newspaper El Nacional, where they elected Guaido AN president with 100 votes in favor and zero against, a clear majority of the 167-member legislature. On May 26, the TSJ issued a ruling declaring Parra the president of the AN and Guaido “in contempt.”

On June 12, the TSJ unilaterally announced the appointment of a new CNE. Opposition deputies denounced the move, noting it was AN’s constitutional role to manage the selection process and election of the five-member CNE through a two-thirds majority vote in the AN. The CNE announced two changes to electoral law on June 30: increasing the number of AN deputies from 167 to 277, in violation of article 186 of the constitution; and increasing the number of deputies elected by political parties, rather than directly by voters, to more than half of all seats, which violates the 2009 Organic Electoral Law.

On December 6, the illegitimate regime conducted fraudulent legislative elections that did not meet any minimum standard of credibility. The regime usurped the TSJ’s legislative powers and illegally appointed members to the CNE; hijacked political parties through the theft of their brand name, assets, and ballot logos, including those from the left that challenged the regime’s control of Chavez’s political legacy; prohibited many political opponents of the regime from running for office and stripped them of their political rights; kidnapped, exiled, and tortured opposition politicians; suppressed indigenous political representation; and arbitrarily increased the number of seats in the AN from 167 to 277. As a result, electoral and constitutional experts, most independent political parties, and civil society organizations rejected the process.

The interim government utilized a provision in the constitution to hold a public referendum, the Consulta Popular, on December 7-12. The Consulta Popular’s questions focused on rejecting the illegitimate regime’s December 6 farce and restoring democracy through free and fair presidential and legislative elections. Participation was open to both citizens in the country and abroad, who could vote via a secure online platform. In-person voting was also available within the country.

Political Parties and Political Participation: Opposition political parties and PSUV dissidents operated in an increasingly restrictive atmosphere characterized by intimidation, the threat of prosecution or administrative sanction on questionable charges, and very limited mainstream media access.

The illegitimate Maduro regime regularly targeted AN deputies and other opposition politicians and their relatives through violence or threats of violence, arbitrary arrest, politically motivated prosecution, violation of privacy, and restrictions on movement. Interim president Guaido returned to Caracas from an international trip on February 11, in defiance of a travel ban on him imposed by the illegitimate Maduro regime. As he made his way through the airport, Guaido and his entourage were harassed by regime supporters. Regime security forces and colectivos detained, assaulted, and seized the vehicles of AN deputies and journalists attempting to make their way to the airport for Guaido’s arrival. The DGCIM detained Juan Jose Marquez, Guaido’s uncle and an airline pilot who accompanied Guaido on his return flight, charging him with attempted smuggling of explosives, bulletproof vests, and subversive material into the country. AN and international organizations rejected the accusation, calling Marquez’ arbitrary arrest an attempt to intimidate Guaido. Marquez was released to house arrest on June 2.

Between March 26 and April 2, security forces aligned with the illegitimate Maduro regime arbitrarily arrested four Guaido staffers and the girlfriend of a fifth staffer, whom they beat, stripped naked, and threatened with sexual abuse.

On April 30, Maduro announced operations “Tun-Tun” and “Bolivarian Fury” to arrest those involved in an alleged plot to overthrow Maduro. Illegitimate regime-sponsored colectivos responded to the call by harassing and intimidating AN deputies, journalists, and their family members by sending threatening text messages and spray-painting their homes.

The illegitimate Maduro regime used its control over the TSJ to coopt or dismantle political parties not aligned with the regime. On May 25, regime attorney general Tarek William Saab requested that the TSJ declare opposition party Popular Will, Guaido’s former party, a “criminal organization for terrorist purposes.” During the year the TSJ unilaterally replaced the leadership of 11 political parties, including three of the largest opposition parties and four leftist parties that broke with the regime.

Throughout the year GNB forces denied or limited access by AN members to the federal legislative palace during regularly scheduled parliamentary sessions. By June the regime-controlled TSJ had removed the parliamentary immunity of 29 deputies, without following constitutional requirements or due process, prompting many to go into hiding or exile to avoid arbitrary arrest.

During the year the illegitimate Maduro regime expanded the carnet de la patria program, introduced in 2017 as a multipurpose identification card required to access regime-funded social services. To qualify for the card, applicants must provide proof of political affiliation and respond to questions regarding the social service benefits they receive. The card amounted to social control, a tool to leverage access to scarce subsidized consumer products in return for political loyalty. For example, media reported the regime used the card to prioritize testing and distribute medical and financial assistance during the COVID-19 pandemic.

Participation of Women and Members of Minority Groups: No law limits participation of women or members of minority groups in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, but the illegitimate Maduro regime did not implement the law effectively. Several officials explicitly acknowledged corruption as a major problem. The illegitimate regime frequently investigated, prosecuted, and detained political opponents on corruption charges to harass, intimidate, or imprison them. According to Transparency International, among the main reasons for the country’s widespread corruption were impunity, weak institutions, and a lack of transparency in the management of government resources.

Corruption: According to illegitimate regime attorney general Tarek William Saab, 1,741 persons had been convicted of corruption-related charges since 2018. The regime, however, did not provide information regarding the alleged cases or persons convicted.

Corruption was a major problem in all security and armed forces, whose members were generally poorly paid and minimally trained. There were no data publicly available on the number of cases involving police and military officials during the year, although the Public Ministry publicized several individual cases against police officers for soliciting bribes and other corrupt activities. On April 10, the Organized Crime and Corruption Reporting Project published an investigative report detailing corruption in the military. Using a cache of internal army documents, the report documented the exploits of illegitimate regime defense minister Vladimir Padrino Lopez, his businesses in a foreign country under the names of his family members, and 35 high-ranking officers who benefited from corruption and lucrative state contracts.

Financial Disclosure: The law requires public officials, as well as all directors and members of the boards of private companies, to submit sworn financial disclosure statements. By law the Public Ministry and competent criminal courts may require such statements from any other persons when circumstantial evidence arises during an investigation.

A variety of independent domestic and international human rights groups generally operated with restrictions from the illegitimate Maduro regime. Major domestic human rights NGOs conducted investigations and published their findings on human rights cases. Regime officials were rarely cooperative or responsive to their requests. Domestic NGOs reported fear the regime would use the 2017 Law against Hate to justify widespread repression of their activities, jailing of the participants and organizers, and threats against family members. Some domestic NGOs reported threats against and harassment of their leaders, staff, and organizations, in addition to raids and detentions, but they were able to publish dozens of reports during the year. Some human rights activists reported regime authorities barred them from traveling abroad or that they feared not being able to return to the country if they traveled. NGOs played a significant role in informing citizens and the international community regarding alleged abuses and key human rights cases.

NGOs noted the illegitimate Maduro regime created a dangerous atmosphere for them to operate. The PSUV first vice president and ANC president, Diosdado Cabello, used his weekly talk show to intimidate NGO staff of Espacio Publico, PROVEA, and Foro Penal. Several organizations, such as the OVP, PROVEA, Foro Penal, and Citizen Control, reported their staffs received both electronic and in-person threats. Human rights organizations claimed they were subject to frequent internet hacking attacks and attempts to violate their email privacy. Multiple humanitarian NGOs were targeted by the regime, which issued politically motivated arrest warrants against their staff and directors, raided their facilities, and stole computers and other electronic devices.

The 2010 law prohibits domestic NGOs from receiving funds from abroad if they have a “political intent,” defined as the intent to “promote, disseminate, inform, or defend the full exercise of the political rights of citizens” or to “defend political rights.” The illegitimate Maduro regime attempted to discredit and threatened NGOs with criminal investigations for allegedly illegally accepting foreign funds. Various regime officials accused human rights organizations on national television and other media of breaking the law by receiving funding from international donors. On February 19, Cabello announced the ANC would revise laws governing NGOs that receive funding from foreign sources for sanctions to “the maximum extent possible.” Cabello singled out PROVEA for “destabilizing Venezuela.” NGOs and the OHCHR reported the regime refused or significantly delayed legal registration of NGOs, preventing them from receiving international funding. On November 20, Sudeban–a banking authority affiliated with the regime–directed all banks to strengthen monitoring of NGO operations in the country to detect potential illicit activity.

The law stipulates monetary penalties, a potential five- to eight-year disqualification from running for political office, or both. The law defines political organizations as those involved in promoting citizen participation, exercising control over public offices, or promoting candidates for public office. Although the law was not enforced, its existence created a climate of fear among human rights NGOs and a hesitancy to seek international assistance.

In addition to the restrictions placed on fund raising, domestic NGOs also faced regulatory limitations on their ability to perform their missions. The law includes provisions eliminating the right of human rights NGOs to represent victims of human rights abuses in legal proceedings. The law provides that only the public defender and private individuals may file complaints in court or represent victims of alleged human rights abuses committed by public employees or members of security forces.

The United Nations or Other International Bodies: The illegitimate Maduro regime was generally hostile toward international human rights bodies and continued to refuse to permit a visit by the IACHR, which last visited the country in 2002. In 2019 the regime and the OHCHR signed a memorandum of understanding that provided for the presence of two UN human rights officers for one year, which was extended for another year in September. The illegitimate Maduro regime failed to implement recommendations issued by the OHCHR, such as the dissolution of FAES, which the OHCHR and an independent UN FFM found reasonable grounds to believe committed extrajudicial killings. In 2019 the UN Human Rights Council adopted a resolution to establish a one-year FFM to investigate “extrajudicial executions, enforced disappearances, arbitrary arrests, torture, and other cruel, inhumane, or degrading treatment committed in Venezuela since 2014.” In September the FFM reported there were reasonable grounds to believe that crimes against humanity had been committed since 2014 and the illegitimate Maduro regime either ordered, contributed to, or was involved in the commission of these crimes. On October 6, the UN Human Rights Council voted to extend the mandates of the FFM and the OHCHR for an additional two years. The OAS passed resolutions citing the continued deterioration of human rights conditions in the country, and in its October 21 General Assembly resolution, it welcomed the UN’s FFM report while calling for the “immediate and complete implementation of the recommendations contained therein, including the investigation of human rights violations and the cessation of the use of excessive force, extrajudicial executions, forced disappearances, arbitrary detention, and torture.”

Government Human Rights Bodies: Throughout the year the illegitimate regime gave its 2016-19 human rights plan minimal attention, with no announcements to renew or update the plan.

The TSJ continued to hold the AN in “contempt” status, which diminished the purview and operational effectiveness of the assembly’s subcommission on human rights.

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, making it punishable if convicted by a prison term of eight to 14 years. A man may legally avoid punishment by marrying (before he is sentenced) the person he raped. The law allows authorities to consider alternative forms of punishment, including work release, for those convicted of various crimes, including rape, if they have completed three-quarters of their sentence.

The law criminalizes physical, sexual, and psychological violence in the home or community and at work, with increased penalties for intimate partner violence. The law punishes perpetrators of domestic violence with penalties for conviction ranging from six to 27 months in prison. The law requires police to report domestic violence to judicial authorities and obligates hospital personnel to notify authorities when admitting patients who are victims of domestic abuse. Police generally were reluctant to intervene to prevent domestic violence and were not properly trained to handle such cases. The law also establishes women’s bureaus at local police headquarters and tribunals specializing in gender-based violence, and two-thirds of states had specialized courts. The Public Ministry’s Women’s Defense Department employed a team of lawyers, psychiatrists, and other experts who dealt exclusively with cases of femicide, gender-related violence, and other crimes against women.

The illegitimate Maduro regime did not publish statistics on gender-based violence. The OHCHR reported a lack of due diligence in investigations of gender-based violence cases. According to NGOs, government efforts to protect victims of gender-based violence were ineffective or nonexistent. Enforcement of laws and access to justice were limited, as victims of gender-based violence reported a lack of progress and inability to follow up on cases after filing reports with authorities.

Many advocates observed there was a lack of public awareness among women regarding resources and support available to prevent and combat domestic violence. There were five shelters for victims of gender-based violence, most of which struggled to operate effectively due to a lack of financial resources. NGOs provided the majority of domestic abuse support services.

NGOs and media reported an increase of domestic abuse and gender-based violence during the COVID-19 pandemic. The NGO Woman Your Voice Has Power reported a 52 percent increase in domestic violence during the year. Between January and October, the NGO Utopix documented 217 femicides and an atmosphere of impunity for domestic abusers. On August 15, Mariana Lilibeth Gonzalez was assaulted in her home and shot 30 times. No suspects were arrested in connection with her death.

Sexual Harassment: Sexual harassment is illegal and punishable by fines and a prison sentence of one to three years. Although allegedly common in the workplace, sexual harassment cases were rarely reported.

Reproductive Rights: Couples and individuals do not always have the right to decide the number, spacing, and timing of their children or have access to the information and means to do so, free from discrimination, coercion, or violence. The Ministry of Health of the illegitimate Maduro regime restricted access to sexual and reproductive health services for survivors of sexual violence, and did it not allow the full range of services.

Abortion is illegal in the country unless necessary to save the mother’s life. Activists reported a cumbersome process, requiring a diagnosis of a life-threatening condition and review by the hospital board, that prevented women from receiving legal abortions. Illegally terminating a pregnancy is punishable by prison sentences of six months to two years for the woman and one to three years for persons performing the procedure. On January 11, authorities released from prison to house arrest professor and women’s rights activist Vannesa Rosales after she assisted a 13-year-old rape victim in ending a pregnancy. Rosales was charged with facilitating an abortion and conspiracy to commit a crime.

The illegitimate Maduro regime’s economic mismanagement and neglect of the country’s health-care infrastructure severely restricted access to contraception and to skilled health attendance during pregnancy and childbirth. Media reported that methods of contraception were scarce and, where available, cost 25 times the monthly minimum wage. According to NGOs, the COVID-19 pandemic further reduced access to contraception and the ability to consult doctors or access pharmacies.

Hospitals lacked qualified health care professionals, medicine, and basic necessities, such as water, electricity, and cleaning supplies. The country’s health care crisis, including the unavailability of maternal health services, was compounded by the pandemic as hospitals prioritized COVID-19 cases over other health services. While the illegitimate Maduro regime statistics on maternal death rates have not been published since 2016, according to the Society of Obstetrics and Gynecology of Venezuela, the maternal death rate in 2019 was 112 deaths per 100,000 live births, with postpartum hemorrhages, sepsis, and pregnancy-induced hypertension cited as the leading causes of maternal mortality. Doctors stated that these were “predictable and treatable” conditions but were often fatal due to hospitals’ lack of adequate resources and medicine.

According to the UN Population Fund, the adolescent birth rate in 2019 was 95 births for every 1,000 adolescents aged 15 to 19.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women enjoy the same legal status and rights as men under the constitution. Women and men are legally equal in marriage, and the law provides for gender equality in exercising the right to work. The law specifies that employers must not discriminate against women with regard to pay or working conditions. According to the Ministry of Labor and the Confederation of Workers, regulations protecting women’s labor rights were enforced in the formal sector, although according to the World Economic Forum, women earned 36 percent less on average than men doing comparable jobs.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory. According to UNICEF, 81 percent of children younger than five were registered at birth, based on 2011 statistics provided by the government. The children’s rights NGO Cecodap reported that families struggled to register births due to quarantine measures surrounding the COVID-19 pandemic.

Child Abuse: According to UNICEF and NGOs working with children and women, child abuse, including incest, occurred but were rarely reported. The illegitimate regime made efforts to detain and prosecute some perpetrators of child abuse. Although the judicial system acted to remove children from abusive households, the press reported public facilities for such children were inadequate. According to NGOs, in many cases children were returned to their homes without proper reintegration measures or follow-up. A study by the NGO Save the Children found a 30 percent increase in child abuse in homes under quarantine.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 for women and men, but with parental consent the minimum age is 16.

Sexual Exploitation of Children: By law conviction of having sexual relations with a minor younger than 13, with an “especially vulnerable” person, or with a minor younger than 16 when the perpetrator is a relative or guardian are punishable with a mandatory sentence of 15 to 20 years’ imprisonment. The law prohibits the forced prostitution and corruption of minors. Penalties range from 15 to 20 years’ imprisonment in cases of forced labor and some forms of sex trafficking of women and girls. The law requires a demonstration of force, fraud, or coercion to constitute child sex trafficking. The law prohibits the production and sale of child pornography and establishes penalties of 16 to 20 years’ imprisonment.

Displaced Children: Children’s rights advocates and media reported an increase in the number of abandoned children living on the street. Cecodap estimated that as many as one million minors had been left behind with family members as their parents fled the country’s economic crisis, many of whom also struggled with the country’s economic downturn. These children resided in limbo, since their parents who left were unable legally to transfer guardianship to a third party.

State-run facilities, already filled to capacity, were unable to support the influx of children in need. Private institutions denounced the illegitimate regime’s refusal to provide subsidized food benefits to support the country’s population. NGOs noted young girls made up close to one-half of the children living on the streets. This significant shift posed particular challenges for shelters, which historically housed predominantly male populations. With institutions filled to capacity, hundreds of children accused of infractions, such as curfew violations, were confined in inadequate juvenile detention centers.

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

Anti-Semitism

The Confederation of Israelite Associations in Venezuela estimated there were 9,000 Jews in the country.

Jewish community leaders expressed concern regarding anti-Semitic statements made by high-level regime-aligned officials and anti-Semitic pieces in proregime media outlets. They stated regime-owned or -associated media and supporters of the illegitimate regime promoted Zionist conspiracy theories and denied or trivialized the Holocaust.

The community leaders noted many other anti-Semitic incidents occurred during the year. There were reports of societal abuses or discrimination based on religious affiliation, belief, or practice, including anti-Semitism.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities, but the illegitimate regime did not implement the law, inform the public of it, or combat societal prejudice against persons with disabilities. The law requires that all newly constructed or renovated public parks and buildings provide access, but persons with disabilities had minimal access to public transportation, and ramps were almost nonexistent. Many persons with disabilities expressed concerns that public transportation workers often were unwilling to transport them and forced them to find taxis, which were often unaffordable and frequently not equipped to support patrons with disabilities. NGOs reported hospitals lacked infrastructure to accommodate persons with mobility problems and staff to communicate with deaf persons. Parents of children with disabilities also complained they were forced to wait in long lines for services rather than receiving preference as is afforded by law. Online resources and access to information were generally available to persons with disabilities, although access to closed-captioned or audio-described online videos for persons with sight and hearing disabilities was limited. Separately, leading advocates for persons with hearing disabilities lamented difficult access to public services due to a lack of interpreters in public courts, health-care facilities, and legal services, as well as a lack of other public accommodations.

The National Commission for Persons with Disabilities, an independent agency affiliated with the Ministry for Participation and Social Development, advocated for the rights of persons with disabilities and provided medical, legal, occupational, and cultural programs. According to the commission, fewer than 20 percent of persons with disabilities who registered with regime health programs were fully employed.

Children with disabilities attended specialized schools and integrated classes with their peers without disabilities. Media reported that schools for children with disabilities suffered from underfunding, decaying infrastructure, and little consideration for the specific needs of individual disabilities. Parents of children with disabilities reported significant difficulties in school enrollment, which prevented their children from receiving formal education. On March 16, the illegitimate Maduro regime closed the country’s schools through the calendar year due to the COVID-19 pandemic. NGOs reported that in the shift to online classes, children with disabilities had limited access to educational materials and the Ministry of Education did not adapt curricula for children with disabilities. A June study by the NGO Deaf Confederation of Venezuela found that nearly 90 percent of children with disabilities decreased their educational activities during the quarantine.

Members of National/Racial/Ethnic Minority Groups

The constitution prohibits discrimination based on race. The law prohibits all forms of racial discrimination and provides for a maximum of three years’ imprisonment for acts of racial discrimination. As mandated by law, signage existed outside commercial and recreational establishments announcing the prohibition against acts of racial discrimination. Beyond signage the illegitimate regime did little to enforce laws against discrimination or prosecute cases of discrimination.

Indigenous People

The law prohibits discrimination based on ethnic origin. The constitution provides for three seats in the AN for deputies of indigenous origin to “protect indigenous communities and their progressive incorporation into the life of the nation,” but some indigenous communities continued without representation in the national legislature due to the TSJ’s annulment of the 2015 election of Amazonas State’s indigenous representatives.

NGOs and the press reported local political authorities seldom took account of indigenous interests when making decisions affecting indigenous lands, cultures, traditions, or allocation of natural resources. Indigenous groups continued to call for faster implementation of the demarcation process.

Indigenous groups and NGOs expressed concern regarding mining in the expanding “Arco Minero,” an area that extends between the states of Bolivar and Amazonas. Indigenous communities reported the illegitimate Maduro regime developed and expanded mining zones without consulting those native to the region, resulting in a rise in environmental degradation, water contamination, and malaria. Illegal armed groups, including the National Liberation Army and dissidents of the Revolutionary Armed Forces of Colombia had a considerable presence in the area, increasing the level of violence and insecurity in the communities. There was also an unprecedented influx of disease; drugs; human trafficking, including prostitution and forced labor; and other illegal activities in the mining areas, putting indigenous communities at risk.

Indigenous groups regularly reported violent conflicts with miners and cattle ranchers regarding land rights. There were reports of harassment, attacks, and forced evictions against indigenous persons living in areas included as part of illegitimate regime mining concessions. Indigenous reported a lack of consultation by the illegitimate Maduro regime on the social and environmental impact of mining activity in indigenous and protected areas.

Border disputes with Colombia affected indigenous groups living in border regions. There were many reported cases in which movements of indigenous groups were restricted, including from border closures in February.

NGOs stated that quarantine measures imposed by the illegitimate Maduro regime unduly impacted indigenous communities, preventing transit to and through territories and making it impossible for indigenous persons to obtain food, water, and access to medical care. The UN Office for the Coordination of Humanitarian Affairs reported that 325 persons, 82 of whom were Wayuu, were forcibly displaced between January and August by armed groups.

Media reported that in Zulia on April 12, GNB members used tear gas and rubber bullets to disperse a group of indigenous Wayuu, primarily older women and children, who were protesting a lack of food and water. Media reported that a Wayuu teacher was injured when she was shot in the face during the confrontation.

On July 24, the CNE abolished the system of direct, confidential voting of indigenous representatives to the AN. In August the CNE reversed course again to allow secret voting but opted to maintain the introduction of “community assemblies,” which would elect an unspecified number of spokespersons, who in turn would elect AN representatives. The AN and indigenous activists criticized the regulations as unconstitutional and an infringement of indigenous autonomy and the right to self-determination.

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

Local police and private security forces allegedly prevented lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from entering malls, public parks, and recreational areas. NGOs reported the illegitimate Maduro regime systematically denied legal recognition to transgender and intersex persons by preventing them from obtaining identity documents required for accessing education, employment, housing, and health care. This vulnerability often led transgender and intersex persons to become victims of human trafficking or prostitution.

NGOs reported incidents of bias-motivated violence against LGBTI persons. Reported incidents were most prevalent against transgender individuals. Leading advocates noted that law enforcement authorities often did not properly investigate to determine whether crimes were bias motivated.

The constitution provides for equality before the law of all persons and prohibits discrimination based on “sex or social condition,” but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. According to a TSJ ruling, no individual may be subjected to discrimination because of sexual orientation, but the ruling was rarely enforced.

HIV and AIDS Social Stigma

The law provides for the equal rights of persons with HIV or AIDS and their families. Nevertheless, leading advocates alleged discrimination against such persons. PROVEA reported that hospitals discriminated against persons with HIV. On September 7, FAES officers raided the headquarters of Solidarity Action, an NGO that advocates for the rights of those with HIV and AIDS, seizing medication and detaining eight persons.

a. Freedom of Association and the Right to Collective Bargaining

The law provides that all private- and public-sector workers (except members of the armed forces) have the right to form and join unions of their choice, and it provides for collective bargaining and the right to strike. The law, however, places several restrictions on these rights, and the illegitimate Maduro regime deployed a variety of mechanisms to undercut the rights of independent workers and unions. Minimum membership requirements for unions differ based on the type of union. Forming a company union requires a minimum of 20 workers; forming a professional, industrial, or sectoral union in one jurisdiction requires 40 workers in the same field; and forming a regional or national union requires 150 workers. Ten persons may form an employee association, a parallel type of representation the illegitimate regime endorsed and openly supported.

The law prohibits “any act of discrimination or interference contrary to the exercise” of workers’ right to unionize. The law requires all unions to provide the Ministry of Labor a membership roster that includes the full name, home address, telephone number, and national identification number for each union member. The ministry reviews the registration and determines whether the union fulfilled all requirements. Unions must submit their registration application by December 31 of the year the union forms; if not received by the ministry or if the ministry considers the registration unsatisfactory, the union is denied the ability to exist legally. The law also requires the presence of labor inspectors to witness and legitimize unions’ decisions before the Ministry of Labor. The International Labor Organization (ILO) raised concerns regarding the ministry’s refusal to register trade union organizations.

By law employers may negotiate a collective contract only with unions that represent the majority of their workers. Minority organizations may not jointly negotiate in cases where no union represents an absolute majority. The law also restricts unions’ ability to administer their activities. For example, the CNE has the authority to administer internal elections of labor unions, federations, and confederations. By law elections must be held at least every three years. If CNE-administered and -certified elections are not held within this period, the law prohibits union leaders from representing workers in negotiations or engaging in anything beyond administrative tasks. The ILO repeatedly found cases of interference by the CNE in trade union elections, and since 1999 it has called for delinking the CNE from the union election process.

The law recognizes the right of all public- and private-sector workers to strike, subject to conditions established by law. Workers participating in legal strikes receive immunity from prosecution, and their time in service may not be reduced by the time engaged in a strike. The law requires that employers reincorporate striking workers and provides for prison terms sufficient to deter violations for employers who fail to do so. Replacement workers are not permitted during legal strikes. The law prohibits striking workers from paralyzing the production or provision of essential public goods and services, but it defines “essential services” more broadly than ILO standards. The ILO called on Venezuela to amend the law to exclude from the definition of “essential services” activities “that are not essential in the strict sense of the term…so that in no event may criminal sanctions be imposed in cases of peaceful strikes.”

The minister of labor may order public- or private-sector strikers back to work and submit their disputes to arbitration if a strike “puts in immediate danger the lives or security of all or part of the population.” Other legal provisions establish criminal penalties for exercising the right to strike in certain circumstances. For example, anyone who “organizes, supports, or instigates the realization of activities within security zones that are intended to disturb or affect the organization and functioning of military installations, public services, industries and basic [i.e., mining] enterprises, or the socioeconomic life of the country” could be punished with five to 10 years in prison if convicted. The law also provides for prison terms sufficient to deter violations by those who restrict the distribution of goods and “those…who develop or carry out actions or omissions that impede, either directly or indirectly, the production, manufacture, import, storing, transport, distribution, and commercialization of goods.” There was no information on whether penalties were sufficient to deter violations.

The illegitimate Maduro regime restricted the freedom of association and the right to collective bargaining through administrative and legal mechanisms. The regime did not effectively enforce the law, and penalties were not commensurate with those for other laws involving denial of civil rights, such as discrimination.

The ILO raised concerns regarding violence against trade union members and intimidation of the Associations of Commerce and Production of Venezuela by the illegitimate regime. In 2018 ILO member countries voted to establish an ILO Commission of Inquiry (COI) for Venezuela to investigate longstanding complaints first filed in 2015 of labor rights violations of ILO Conventions Nos. 26, 87, and 144, which pertain to minimum-wage fixing, freedom of association and protection of the right to organize, and tripartite consultation, respectively. In 2019 the commission submitted its report to the ILO director general, noting the illegitimate regime had repeatedly committed violations of international conventions on minimum wage, freedom of association and the right to organize, and labor standards. The report also called for “the immediate release of any employer or trade unionist who may be in prison as a result of carrying out the legitimate activities of their workers’ or employers’ organization.” In late October the illegitimate Maduro regime rejected the ILO COI recommendations from 2019 on egregious labor violations.

Organized labor activists continued to report that the annual requirement to provide the Ministry of Labor a membership roster was onerous and infringed on freedom of association. They alleged the ministry removed member names from the rosters for political purposes, particularly if members were not registered voters on the CNE’s rolls. Labor leaders also criticized the laborious and costly administrative process of requesting CNE approval for elections and subsequent delays in the CNE’s recognition of such union processes. In addition there reportedly was a high turnover of ministry contractors, resulting in a lack of timely follow-through on union processes. Labor unions in both the private and public sectors noted long delays in obtaining CNE concurrence to hold elections and in receiving certification of the election results, which hindered unions’ ability to bargain collectively.

The illegitimate Maduro regime continued to support many “parallel” unions, which sought to dilute the membership and effectiveness of traditional independent unions. The regime excluded from consideration other, independent union federations, including the Confederation of Venezuelan Workers, General Confederation of Venezuelan Workers, Confederation of Autonomous Unions of Venezuela, and National Union of Workers.

The illegitimate regime continued to refuse to adjudicate or otherwise resolve the cases of thousands of employees of the state-owned oil company PDVSA who were dismissed during and after the 2002-03 strike. The Ministry of Labor continued to deny registration to the National Union of Oil, Gas, Petrochemical, and Refinery Workers.

The concept of striking, demonized since the 2002 national security law, was used periodically as a political tool to accuse regime opponents of coup plotting or other destabilizing activities. Some companies, especially in the public sector, had multiple unions with varying degrees of allegiance to the ruling party’s version of the “socialist revolution,” which could trigger interunion conflict and strife.

The OHCHR documented restrictions on labor unions through the arbitrary detention of union leaders and five forced evictions of union headquarters. The Venezuelan Observatory of Union Freedom documented more than 100 detentions, most of which were arbitrary, of union leaders since 2010.

NGOs reported the illegitimate regime continued harassment of unions by prosecuting union members in military courts. On March 31, a labor attorney was severely beaten and taken into custody by the GNB in Barquisimeto, Lara, for recording with his cell phone a peaceful protest of health workers who were struggling to get gasoline ration vouchers promised by the regime.

Union leaders denounced the detention on May 8 of Bartolo Guerra, a PDVSA tugboat captain, for criticizing the illegitimate Maduro regime. In a meeting with the company’s leadership, workers expressed frustration regarding low salaries and poor working conditions. According to the Federation for Oil Workers, Guerra had worked for 40 consecutive days, and the company had not provided food or water for employees for more than a week. Guerra blamed the misery and hunger of workers on Maduro. When Guerra refused to retract his statements, the DGCIM arrested him and charged him with treason.

On August 31, Ruben Gonzalez, secretary general of miners’ union Sintraferrominera, was released after a military tribunal convicted him for “outrage” to the armed forces and the GNB and sentenced him to five years and nine months in prison. Union leaders described Gonzalez’ 2018 arrest and imprisonment as part of the illegitimate regime’s efforts to eliminate the union and install a more pliant, parallel union while a new collective agreement was negotiated.

b. Prohibition of Forced or Compulsory Labor

The law prohibits some forms of forced or compulsory labor but does not provide criminal penalties for certain forms of forced labor. The law on organized crime prohibits human trafficking by organized crime groups. It prescribes penalties sufficient to deter human trafficking of adults carried out by a member of an organized-crime group of three or more individuals. The organized-crime law, however, fails to prohibit trafficking by any individual not affiliated with such a group. Prosecutors may employ other statutes to prosecute such individuals. The law increases penalties for child trafficking with the purpose of forced labor. There was no comprehensive information available regarding the illegitimate regime’s enforcement of the law. The labor group Autonomous Front in Defense of Employment, Wages, and Unions (FADESS) reported that public-sector worker agreements included provisions requiring service in the armed forces’ reserves. NGOs noted sex trafficking and forced labor in domestic service within the country increased in 2019 (see section 7.c.).

Some doctors participating in Cuba’s overseas medical program showed indicators of forced labor. According to FADESS, more than 60,000 Cubans worked in the illegitimate Maduro regime’s social programs (such as the Mission Inside the Barrio) in exchange for the regime’s provision of oil resources to the Cuban government. FADESS noted Cubans worked in the ministries of Education, Registrar, Notary, Telecommunications, and Security. FADESS also cited that the G-2 Cuban security unit was present in the armed forces and in state enterprises. The Cuban government may have forced some Cubans to participate in its government-sponsored medical missions. Some Cuban medical personnel who participated in the social program Mission Inside the Barrio described indicators of forced labor, including underpayment of wages, mandatory long hours, limitations on movement, the use of “minders” to conduct surveillance of participants outside of work, forced political indoctrination, and threats of retaliatory actions against workers and their families if they left the program or did not return to Cuba as directed by government supervisors. The Cuban government acknowledged that it withheld the passports of Cuban medical personnel in the country. Venezuelan authorities did not investigate allegations of forced labor in Cuba’s overseas medical program. Additionally, doctors who deserted the program reported Cuban “minders” coerced them to indoctrinate the population into supporting the illegitimate Maduro regime and falsify records to bolster the number of individuals assisted.

The law does not criminalize all forms of forced or compulsory labor, and penalties were not commensurate with those for analogous serious crimes, such as kidnapping.

Illegal mining operations existed in some of the country’s most remote areas, including Bolivar State, where armed groups exploited girls into sex trafficking, forcibly recruited youth to join armed criminal groups, and forced children to work in mines under dangerous conditions. In 2019 the OHCHR documented instances of forced labor, violence, and human trafficking related to mining activity in the Mining Arc of the Orinoco River. It estimated that approximately 45 percent of miners in Bolivar State were underage and extremely vulnerable to human trafficking.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. The law sets the minimum employment age at 14. Children younger than 14 may work only if granted special permission by the National Institute for Minors or the Ministry of Labor. Such permission may not be granted to minors who are younger than the legal age for work in hazardous occupations that risk their life or health or could damage their intellectual or moral development. According to the ILO, the illegitimate Maduro regime had not made publicly available the list of specific types of work considered hazardous. Children ages 14 to 18 may not work without permission of their legal guardians or in occupations expressly prohibited by law, and they may work no more than six hours per day or 30 hours per week. Minors younger than 18 may not work outside the normal workday.

Anyone employing children younger than eight is subject to a prison term that is sufficient to deter violations. Employers must notify authorities if they hire a minor as a domestic worker. The illegitimate regime did not effectively enforce the law. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping.

No information was available on whether or how many employers were sanctioned for violations. The illegitimate regime continued to provide services to vulnerable children, including street children, working children, and children at risk of working. There was no independent accounting of the effectiveness of these and other illegitimate regime-supported programs.

Most child laborers worked in the agricultural sector, street vending, domestic service, or in small and medium-size businesses, most frequently in family-run operations. There continued to be isolated reports of children exploited in domestic servitude, mining, forced begging, and commercial sexual exploitation (see section 6), many of whom could be victims of trafficking. Members of the illegitimate Maduro regime supported the operations of the National Liberation Army and dissidents of the Revolutionary Armed Forces of Colombia dissidents by allowing the exploitation, sex trafficking, forced labor, and forced recruitment of children. A study by Cecodap found that child laborers constituted up to 45 percent of those working in mines. Media reported children as young as nine years old working in mines.

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits employment discrimination of every citizen. The law prohibits discrimination based on age, race, sex, social condition, creed, marital status, union affiliation, political views, nationality, disability, or any condition that could be used to lessen the principle of equality before the law. No law specifically prohibits employment discrimination based on sexual orientation, gender identity, or HIV/AIDS status. Media and NGOs, such as PROVEA and the Human Rights Center at the Andres Bello Catholic University, reported the illegitimate Maduro regime did not effectively enforce applicable law, and penalties were not commensurate to law related to civil rights, such as election interference.

NGOs reported public employees faced discrimination and harassment for their political beliefs or activities. According to Aula Abierta, 4,876 public servants were dismissed from their jobs for political reasons in 2018.

e. Acceptable Conditions of Work

The illegitimate Maduro regime raised the national minimum wage, but it remained below the poverty line. Labor experts noted the unilateral nature of the decision contravened ILO Convention No. 26 requiring the government to consult with employers and workers prior to enacting wage increases. Legislators noted the decree violated the law, since it supplanted collective bargaining agreements. Union leaders from the petroleum, health, telecommunications, and electricity sectors highlighted that the wage-raise decree did not include wage adjustments to keep up with hyperinflation and thus remained insufficient to afford the basic food basket. The decree also violated the law by nullifying previously signed collective bargaining agreements, including wage tables that scaled salaries to account for seniority and merit pay.

The trade union of the industrial sector stated that fewer than 2,000 of the 15,000 industries existing in 2000 remained as of May.

The law sets the workweek at 40 hours (35 hours for a night shift). The law establishes separate limits for “shift workers,” who may not work more than an average of 42 hours per week during an eight-week period, with overtime capped at 100 hours annually. Managers are prohibited from obligating employees to work additional time, and workers have the right to two consecutive days off each week. Overtime is paid at a 50 percent surcharge if a labor inspector approves the overtime in advance and at a 100 percent surcharge if an inspector does not give advance permission. The law establishes that after completing one year with an employer, a worker has a right to 15 days of paid vacation annually. A worker has the right to an additional day for every additional year of service, for a maximum of 15 additional days annually.

The law provides for secure, hygienic, and adequate working conditions. Workplaces must maintain “protection for the health and life of the workers against all dangerous working conditions.” The law obligates employers to pay workers specified amounts for workplace injuries or occupational illnesses, ranging from two times the daily salary for missed workdays to several years’ salary for permanent injuries. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. Occupational safety and health (OSH) were not appropriate for the main industries in the country, and workers were not able to remove themselves from situations that endangered health or safety without jeopardy to their employment. The illegitimate Maduro regime did not effectively enforce OSH law. Penalties for OSH law violations were not commensurate with those for crimes, such as negligence.

The law covers all workers, including temporary, occasional, and domestic workers. There was reportedly some enforcement by the Ministry of Labor of minimum wage rates and hours of work provisions in the formal sector, but an estimated 40 percent of the population worked in the informal sector, where labor law and protections generally were not enforced. There was no publicly available information regarding the number of inspectors or the frequency of inspections to implement health and safety, minimum wage, or hours of work provisions. Ministry inspectors seldom closed unsafe job sites. Official statistics regarding workplace deaths and injuries were not publicly available.

Health workers were severely exposed to COVID-19 due to the lack of personal protective equipment. The illegitimate Maduro regime cracked down on medical professionals who spoke about the realities they faced in their work.

NGOs and media reported hazardous conditions in mining areas, many of which operated illegally and exposed miners to injury, disease, and mercury poisoning. The OHCHR documented high levels of violence and human rights violations perpetrated by armed groups and illegitimate Maduro regime security forces who fought for control over mining territory. NGOs reported the use of beatings, mutilation, disappearances, and killings by armed groups to enforce control in mining areas.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings. In August the nongovernmental organization (NGO) ZimRights suspected members of the security forces in the extrajudicial killing of Movement for Democratic Change-Alliance councilor Lavender Chiwaya. Police ruled there was no foul play. In September the Zimbabwe Republic Police reported killing two men they claimed shot two members of the security forces, killing one and injuring the second. Security officials claimed they tracked the two men and killed them in a shootout when they resisted arrest. Government officials praised security forces’ “swift response,” while human rights organizations, such as ZimRights, questioned security forces’ version of events and called the incident an extrajudicial killing.

Impunity for politically motivated violence remained a problem. The government did not establish an independent complaints mechanism to investigate allegations of security force misconduct as called for in the constitution. Investigations continued into violence from previous years, including state-sponsored violence, that resulted in the deaths of 17 civilians in January-February 2019 and seven during postelection violence in 2018. As of year’s end, there were no arrests or charges in the cases.

b. Disappearance

There were no new reports of long-term disappearances by or on behalf of government authorities.

In 2018 the High Court ordered the government to provide updates on the 2015 disappearance of democracy activist Itai Dzamara, but officials failed to do so, without consequence. There were no reports of authorities punishing any perpetrators of previous acts of disappearance.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture and other cruel, inhuman, or degrading treatment or punishment; however, there were reports that security forces engaged in such practices with impunity and with the implicit support of government officials. NGOs reported security forces abducted, assaulted, and tortured citizens in custody, including targeted assault on and torture of civil society activists, labor leaders, opposition members, and other perceived opponents of the government. Throughout the year police used excessive force in apprehending, detaining, and interrogating criminal suspects. In some cases police arrested and charged the victims of violence rather than the perpetrators and accused abduction victims of filing false reports.

Human rights groups reported government agents continued to perpetrate physical and psychological torture on labor leaders and opposition party members during abductions. Reported torture methods included sexual assault; beating victims with sticks, clubs, cables, gun butts, and sjamboks (a heavy whip); falanga (beating the soles of the feet); forced consumption of human excrement; and oral chemical poisoning, as well as pouring corrosive substances on exposed skin. As of November there were a minimum of five reports of short-term abductions and assaults or torture allegedly performed by state security actors. These instances typically occurred at night, although some happened in broad daylight. The abductors forcibly removed persons from their homes, parking lots, and press conferences and assaulted them for hours before abandoning them, usually severely injured and naked, in a remote area.

National Assembly member Joana Mamombe and opposition party members Cecilia Chimbiri and Netsai Marova reported being removed from police custody, then abducted and tortured by unknown individuals whom credible sources believed to be government security agents, after they were arrested at a protest at a roadblock on May 13. The three women sustained severe injuries from 36 hours of physical, sexual, and psychological torture. After the three women reported the crimes to police, they were rearrested and charged with making false statements to police and for faking their own abductions. The case remained pending.

From March to September, during a government-mandated lockdown due to COVID-19, uniformed and plainclothes soldiers and police officers systematically used clubs to beat civilians in the Harare central business district and suburbs for violating curfews, failure to wear masks, or failure to exercise social distance.

Impunity was a significant problem in the security forces and the civilian authorities who oversee them, including police, military, and intelligence officers. To date, no one has answered for disappearances, civilian deaths, rape, abduction, or torture allegations from the 1980s to as recently as November. Security forces were firmly under the control of the ruling party and were often directed against the political opposition.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to overcrowding, food shortages, and inadequate sanitary conditions and medical care. The 2013 constitution added prisoner rehabilitation and reintegration into society to ZPCS responsibilities. The ZPCS provided inmates with opportunities to participate in sewing, mechanics, woodworking, and agricultural activities. The ZPCS also allowed churches and other organizations to teach life-skills training.

Physical Conditions: Conditions in prisons, jails, and detention centers were often harsh. While some prisons operated below capacity, NGOs reported that most were overcrowded due to outdated infrastructure and judicial backlogs. The Zimbabwe Prison and Correctional Services (ZPCS) did not provide adequate food, water, and sanitary conditions as well as personal protective equipment (PPE) during the global pandemic. The ZPCS sometimes allowed faith-based and community organizations to help address these problems.

Prison guards occasionally beat and abused prisoners, but NGOs reported the use of excessive force by prison guards was not systematic. Relations between prison guards and prisoners improved during the year as part of a positive trend NGOs observed during the past several years. As of year’s end, no investigation of the death of Hilton Tamangani in October 2019 had begun. Tamangani was found dead in his cell in the Harare Remand Prison. His lawyers claimed he was severely beaten by police and then denied medical treatment.

NGOs reported female prisoners generally fared better than did male prisoners. Authorities held women in separate prison wings and provided female guards. Women generally received more food from their families than male prisoners. The several dozen children younger than age four living with their incarcerated mothers shared their mothers’ food allocation, rather than receiving their own. NGOs were unaware of female inmates reporting rapes or other physical abuse. With support from NGOs, prisons distributed feminine hygiene supplies. Officials did not provide pregnant women and nursing mothers with additional care or food rations out of the ZPCS budget, but the ZPCS solicited and received donations from NGOs and donors for additional provisions.

There was one juvenile prison, housing boys only. Girls were held together with women. Authorities also held boys in adult prisons throughout the country while in remand. Officials generally tried to place younger boys in separate cells, but NGOs reported older prisoners often physically assaulted the younger boys when left together. Authorities generally sent juveniles to prison rather than to reformatory homes as stipulated in the law, as there was only one adequate reformatory home in the country, located in the Harare suburbs. Juveniles remained vulnerable to abuse by prison officials and other prisoners.

Prisoners with mental health issues were often held together with regular prisoners until a doctor was available to make an assessment. Psychiatric sections were available at some prisons for these individuals but offered little specialized care.

According to the ZPCS, remand prisons were overcrowded. Authorities often held pretrial detainees with convicted prisoners until their bail hearings. Due to fuel shortages, the ZPCS was at times unable to transport pretrial detainees to court hearings, resulting in delayed trials and longer detentions. While an estimated 4,200 prisoners were released under an amnesty program in March and April to address COVID-19, NGOs and other contacts as well as several news outlets reported some remand prisons had 70 persons to a cell in August. Inmates at remand prisons were not tested before admittance but instead were only tested when sent to nonremand prisons.

Although hurt by the economic downturn associated with COVID-19, NGOs helped provide prisoners with disinfectant, PPE, and information about the virus, but distribution decreased during the year. The economic downturn shuttered small, community-based NGOs that once supported prisoners. These organizations had steady streams of outside and community-based donations but suspended operations due to a lack of funding because of the country’s protracted economic crisis.

The ZPCS ignored requests from medical personnel to isolate journalist Hopewell Chin’ono when he exhibited symptoms of COVID-19 while incarcerated in August (see section 2.e., Political Prisoners and Detainees).

According to NGOs, food shortages were widespread in prisons but not life threatening. Prisoners identified as malnourished received additional meals. The harvest of prison farm products provided meals for prisoners. Protein was in short supply, particularly meat. Prisoners’ access to clean water varied by prison. NGOs worked with prisons to provide enhanced water-collection systems.

Diarrhea was prevalent in most prisons. Diseases such as measles, tuberculosis, and HIV/AIDS-related illnesses were highest in those with the poorest conditions. Lighting and ventilation were inadequate. There were insufficient mattresses, blankets, warm clothing, sanitary supplies, and hygiene products.

Prisoners had access to very basic medical care, with a clinic and doctor at nearly every prison. In partnership with NGOs, the ZPCS offered peer education on HIV/AIDS. The ZPCS tested prisoners for HIV only when requested by prisoners or prison doctors. Due to outdated regulations and a lack of specialized medical personnel and medications, prisoners suffered from routine but treatable medical conditions such as hypertension, tuberculosis, diabetes, asthma, and respiratory diseases. The ZPCS was at times unable to transport prisoners with emergency medical needs to local hospitals.

Administration: The inspections and audit unit of the ZPCS, intended to assess prison conditions and improve monitoring of prisoners’ rights, did not release the results of its assessments. The Zimbabwe Human Rights Commission (ZHRC) conducted monitoring visits when conditions allowed. There was no prison ombudsman. There were statutory mechanisms to allow alternatives to incarceration for nonviolent offenders, but the number of nonviolent offenders benefitting from these mechanisms was unknown.

Prisoners and detainees had relatively unrestricted access to visitors before COVID-19, except in maximum-security prisons, where remoteness hampered access by prisoners’ relatives. The COVID-19 lockdown cut off prisoners from most people and organizations.

Independent Monitoring: The law provides international human rights monitors the right to visit prisons. Church groups and NGOs seeking to provide humanitarian assistance, including the International Committee of the Red Cross, gained access. Some organizations working in prisons reported that meetings with prisoners occurred without third parties present and with minimal restrictions, but some political prisoners reported no privacy for visits, even with their legal representatives. Monitoring missions were extremely limited during the COVID-19 lockdown. One NGO reported prisoner authorities authorized a few prison visits for special donation missions.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, although other sections of the law effectively weaken these prohibitions. The government enforced security laws in conflict with the constitution. Security forces arbitrarily arrested and detained persons, particularly political and civil society activists, labor leaders, and journalists perceived as opposing the government. Security forces frequently arrested large numbers of persons during and following antigovernment protests.

Arrest Procedures and Treatment of Detainees

The law stipulates that arrests require a warrant issued by a court or senior police officer and that police inform an arrested person of the charges before taking the individual into custody. Police did not always respect these requirements. A preliminary hearing must be held before a magistrate within 48 hours of an arrest. This was not followed consistently. According to the constitution, only a competent court may extend the period of detention.

The law provides for bail for most accused persons. The government amended the law to include provisions that allow prosecutors to veto judicial bail decisions and keep accused persons in custody for up to seven days, despite a prior Constitutional Court ruling declaring this power unconstitutional. Prosecutors relied on these provisions to extend the detention of opposition leaders, civil society activists, and labor leaders, some of whom were denied bail for almost two months.

Authorities often did not allow detainees prompt or regular access to their lawyers and often informed lawyers who attempted to visit their clients that detainees or those with authority to grant access were unavailable. The government also monitored, harassed, intimidated, and arrested human rights lawyers when they attempted to gain access to their clients. An indigent detainee may apply to the government for an attorney in criminal cases, but only in capital cases. Some opposition party members, civil society activists, journalists, and ordinary citizens had limited or no access to their legal counsel. In one instance a magistrate attempted to revoke prominent human rights attorney Beatrice Mtetwa’s license to practice law during her defense of a journalist who had written articles exposing government corruption and made social media posts encouraging peaceful protests against corruption. As of November the magistrate’s petition to revoke the law license remained pending.

Arbitrary Arrest: The government regularly used arbitrary arrest and detention as tools of intimidation and harassment, especially against political activists, civil society members, journalists, attorneys, and ordinary citizens asserting their rights. The government sometimes used COVID-19 lockdown restrictions to arrest individuals perceived as threats against the government. Police and media reported that security forces arrested more than 105,000 political and civil society activists, journalists, labor leaders, and ordinary citizens from March 30 to September for their alleged violation of COVID-19 lockdown measures or alleged involvement in planned demonstrations in Harare, Bulawayo, Mutare, and other cities. For example two journalists were arrested in May for violating COVID-19 measures during their interviews with abduction and torture victims. After four months of enduring strict bail conditions, such as weekly reporting to police stations and surrender of passports, the case against the journalists was dismissed in September. Police arrested more than 20 individuals who organized, promoted, or participated in a July 31 anticorruption demonstration, including opposition party Transform Zimbabwe president Jacob Ngarivhume, who was arrested and charged on July 23 with inciting the public to commit violence. As of November several human rights defenders remained in hiding after police issued a list of persons wanted for questioning in connection with the July 31 protest.

After more than a year of strict bail conditions, including weekly reporting to police stations and surrender of passports, the government dismissed the cases of seven civil society activists charged with subversion in 2019.

The law absolves individual security agents from criminal liability regarding unlawful arrests and detention. Police officers routinely argued that they merely followed orders in conducting arrests and were not responsible for compensating victims of unlawful arrests.

Pretrial Detention: Prolonged pretrial detention was rare for nonpolitical prisoners. Delays in pretrial procedures were common, however, due to a shortage of magistrates and court interpreters, poor bureaucratic procedures, and an insufficient number of court officials to hear many cases. The constitution provides for the right to bail for detained suspects. Despite this provision, the government routinely opposed bail for political detainees, and judges generally upheld these motions. When judges issued bail rulings, they would often delay announcing their rulings until after the court cashier closed on Fridays to ensure political detainees remained in prison over the weekend.

Other prisoners remained in prison because they could not afford to pay bail. Magistrates rarely exercised the “free bail option” that authorizes them to waive bail for destitute prisoners. Lawyers reported juveniles usually spent more time in pretrial detention than did adults because they could not attend court unless a parent or guardian accompanied them. Sometimes their parents could not be located or did not have the funds to travel to court. Authorities occasionally did not notify parents of a juvenile’s arrest or the closest kin of an adult detainee’s arrest.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, but executive influence and interference remained a problem. There continued to be some instances where the judiciary demonstrated its independence despite being under intense pressure to conform to government policies.

The government often refused to abide by judicial decisions and routinely delayed payment of court costs or judgments awarded against it in civil cases. Judicial corruption was widespread, extending beyond magistrates and judges. For example, NGOs reported senior government officials undermined judicial independence, including by giving homes, farms, and agricultural machinery to judges.

Magistrates heard the vast majority of cases. Legal experts claimed defendants in politically sensitive cases were less likely to receive a fair hearing in magistrates’ courts than in higher courts. In lower courts justices were more likely to make politicized decisions due to the use of threats and intimidation to force magistrates, particularly rural magistrates, to rule in the government’s favor. In politically charged cases, other judicial officers such as prosecutors and private attorneys also faced pressure from high-ranking judges and officials of the ruling party, including harassment and intimidation. Some high court justices demonstrated a greater degree of independence and granted opposition party members and civil society activists bail against the government’s wishes. There were reports of instances where judges or magistrates should have recused themselves from politically charged cases but failed to do so.

Trial Procedures

The constitution provides for the right to a fair and public trial, but political pressure and corruption frequently compromised this right. By law defendants enjoy a presumption of innocence, although courts did not always respect this right. Magistrates or judges held trials without juries. Trials were usually open to the public except in cases involving minors or state security matters. Government officials liberally interpreted state security matters to include trials and hearings for defendants who protested against the government or reported on government corruption. Assessors–usually nonlawyers who sit together with a judge to provide either expert advice or guidance on local practices–in lieu of juries, could be appointed in cases in which conviction of an offense could result in a death penalty or lengthy prison sentence. Defendants have the right to a lawyer of their choosing, but most defendants in magistrates’ courts did not have legal representation. In criminal cases an indigent defendant may apply to have the government provide an attorney, but requests were rarely granted except in capital cases, in which the government provided an attorney for all defendants unable to afford one. Individuals in civil cases may request free legal assistance from the Legal Resources Foundation or Zimbabwe Lawyers for Human Rights (ZLHR). The Zimbabwe Women Lawyers Association also provided some free legal assistance to women and youth. The law provides for free interpretation, and Shona-English and Ndebele-English interpretation was generally available. The right to adequate time and facilities to prepare a defense is also provided for by law but was often lacking. Defendants have the right to present witnesses and evidence on their own behalf and to confront adverse witnesses.

Any person arrested or detained for an alleged offense has the right to remain silent and may not be compelled to confess. There were no known cases of torture-induced confessions used in court. Authorities did not always respect these rights. Authorities sometimes denied or significantly delayed attorneys’ access to their clients or falsely claimed the attorneys’ clients were being held at another facility.

Conviction requires proof beyond a reasonable doubt, and the prosecution bears the burden of proof. The right to appeal both conviction and sentence exists in all cases, and it is automatic in cases in which the death penalty is imposed.

Government officials sometimes ignored court orders, delayed bail and access to medical care, and selectively enforced court orders related to land disputes favorable to those associated with the government.

The public had fair access to the courts of law, particularly the magistrates’ courts, although observers reported occasional physical and procedural impediments, such as limited available seating areas and arbitrary rules about note taking during hearings.

Political Prisoners and Detainees

There were reports of individuals arrested for political reasons, including opposition party officials, their supporters, NGO workers, journalists, civil society activists, and labor leaders. Authorities sometimes detained such individuals for one or two days and released them without charge. Political prisoners and detainees did not receive the same standard of treatment as other prisoners or detainees, and prison authorities arbitrarily denied visitor access to political prisoners. There were reports police beat and physically abused political and civil society activists while they were in detention.

Unlike normal criminal proceedings, which move from investigation to trial within months, prosecuting agents regularly took abnormally long to submit for trial cases involving members of the political opposition or civil society critics of the government. Hearings were sometimes scheduled when presiding judges were on vacation. Prosecutors in political cases were often “unprepared to proceed” and received numerous continuances. In many cases where authorities granted bail to government opponents, they did not conclude investigations and set a trial date but instead chose to “proceed by way of summons.” This left the threat of impending prosecution remaining, with the accused person eventually being called to court, only to be informed of further delays.

In July police arrested opposition party leader Jacob Ngarivhume and journalist Hopewell Chin’ono for their alleged roles in planning and promoting a July 31 protest against government corruption. They were held for approximately six weeks before being released on strict bail conditions that included surrendering their passports, agreeing not to use social media to promote public violence, and reporting regularly to police stations. On November 3, authorities rearrested Hopewell Chin’ono for abusing social media and detained him until November 20, when he received bail. Both Ngarivhume and Chin’ono’s cases remained pending.

In 2019 the government charged 22 persons with subversion for their participation in organizing demonstrations or attending civic engagement trainings. As of November courts had dismissed charges against 10 of the defendants. The government alleged the defendants intended to take over a constitutionally elected government. As of year’s end, the Mnangagwa administration had not fully prosecuted anyone for subversion, but those charged with subversion must surrender their passports and report to local police stations regularly.

Politically Motivated Reprisal against Individuals Located Outside the Country

There were credible reports that for politically motivated purposes the government attempted to exert bilateral pressure on another country to take adverse action against specific individuals or groups. In September media reported government officials secured an extradition treaty with South Africa to allow the forcible return of some members of the “G40,” a group comprised of former Zimbabwe African National Union-Patriotic Front (ZANU-PF) members aligned with Grace Mugabe, widow of the late president Robert Mugabe. As of November 30, no publicized extraditions of G40 members had occurred.

Civil Judicial Procedures and Remedies

Civil judicial procedures allow for an independent and impartial judiciary, but the judiciary was subject to political influence and intimidation, particularly in cases involving high-ranking government officials, politically connected individuals, or individuals and organizations seeking remedies for abuses of human rights.

Property Restitution

The constitution stipulates the government must compensate persons for improvements made on land taken by the government, but it does not set a timeline for the delivery of compensation. The government rarely provided restitution or compensation for the confiscation of private property, and police generally did not take action against individuals who seized private property without having secured authorization from the state to do so.

Support was uneven and inconsistent for more than 1,800 households resettled in the past decade from the diamond mining fields of Marange in Chiadzwa to a government-owned agricultural estate outside Mutare. Each household was entitled to receive $1,000 for relocation, although reportedly only a handful received the money. Most of the relocated families had not received compensation of any kind, including agricultural land, while the government classified them as “people with no recognizable legal rights or claim to the land they are occupying,” stating that their former land became state land, despite customary and traditional rights to the contrary.

A majority of commercial farmers reported the government had not compensated them for losses suffered from the land resettlement program that began in 2000. According to the attorney general and Ministry of Lands, beginning in 2000 a description of every white-owned farm in the country was published in state media and the farms effectively became state property. According to the Commercial Farmers Union of Zimbabwe (CFU), after authorities published a description of the property, it was usually transferred to a politically connected individual at the first available opportunity.

The CFU reported that since 2000 most titleholders who lost their homes or properties, where most of their life earnings were invested, were not compensated. As a result of evictions, there were scores of destitute elderly former farmers and former farm workers. In July the government, the CFU, and other farmers’ groups signed a $3.5 billion compensation deal for farms expropriated in the decades following independence. The deal promised half of the payments after one year and the remainder over the course of the next four years. Despite the negotiated agreement, government officials continued to seize farms without compensation as recently as September 11.

The CFU estimated there were fewer than 400 active white commercial farmers still living in the country. Those remaining continued to be targeted, harassed, threatened with eviction, and evicted by unemployed youth and individuals hired by politically connected individuals standing to benefit from the farm seizures.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit arbitrary or unlawful interference with privacy, family, or home, but local NGOs reported the government did not respect these rights. Throughout the year government officials pressured local chiefs and ZANU-PF loyalists to monitor and report on persons suspected of supporting political parties other than ZANU-PF. Through threats and intimidation, local chiefs and ZANU-PF loyalists also compelled individuals, mostly in rural areas, to contribute money and public resources, such as school buses and school meeting spaces, toward ZANU-PF political rallies.

Government entities manipulated the distribution of government-provided food aid, agricultural inputs, and access to education and other assistance programs to exclude suspected political opposition supporters and to compel support for ZANU-PF. ZANU-PF supporters threatened to withhold food aid to citizens in Glenview, Mangwe, and Nyanga during the period preceding each area’s constituency by-election in 2019.

The law permits the interception and monitoring of any communication (including telephone, postal mail, email, and internet traffic) in the course of transmission through a telecommunication, postal, or other system in the country. Civil liberties advocates claimed the government used the law to stifle freedom of speech and target political and civil society activists (see section 2.a.).

Security forces sometimes punished family members for offenses allegedly committed by their relatives. On July 29, police searched the Bulawayo home of news site ZimLive.com editor Mduduzi Mathuthu for information on subversive materials linked to protests scheduled for July 31. Mathuthu was not at home when police arrived and remained in hiding as of November. Police detained his sister, Nomagugu Mathuthu, at the Bulawayo Central Police Station, then released her after arresting Mathuthu’s nephew, Tawanda Muchehiwa, on July 30. Muchehiwa reportedly disappeared from police custody and then was left at his residence on August 1, badly beaten by individuals suspected of being state security agents.

a. Freedom of Expression, Including for the Press

The constitution provides for freedoms of expression and of the media, but the law limits these freedoms in the “interest of defense, public security or professional confidentiality, to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.” The government continued to arrest, detain, and harass journalists and critics. While independent media continued to operate, journalists and editors practiced self-censorship. Government failure to investigate or prosecute attacks on human rights defenders and peaceful protesters led to de facto restrictions on freedom of expression, assembly, and association.

Freedom of Speech: There were restrictions on individuals criticizing the government or discussing matters of general public interest. Authorities were sensitive to criticism in general, particularly when directed at President Mnangagwa or his family. Persons accused of insulting the president and his office are charged under section 33 (2) (b) of the criminal law (Codification and Reform Act), undermining authority of or insulting a president, despite a 2013 Supreme Court ruling that the section infringed on the right to freedom of expression on the basis of the previous constitution. The Office of the President contested the ruling, and the court did not make a final determination on its constitutionality, so the law remained in force. As of September the ZLHR reported assisting 15 individuals charged under the law since January. Additionally, 30 activists or critics of the government were charged with violating other sections of the same law for attempting to subvert a constitutionally elected government or being a criminal nuisance.

On July 7, police arrested Councilor Godfrey Kurauone of the Movement for Democracy Change-Alliance Youth Assembly and charged him with undermining authority of or insulting President Mnangagwa as defined in the Criminal Law (Codification and Reform) Act. Kurauone had accused the president of leading a corrupt administration and urged his resignation, while addressing commuters waiting to board a bus. He was released on bail but later rearrested for singing anti-Mnangagwa songs at a funeral. Kurauone remained incarcerated for six weeks before his case was dismissed on September 10. In October authorities issued another warrant for his arrest; as of December they had not arrested him.

Freedom of Press and Media, Including Online Media: Independent newspapers and commercial radio stations were active and expressed a wide variety of views, although with some restrictions. State-sponsored media, however, were more prevalent. The Ministry of Media, Information, Publicity, and Broadcasting Services exercised control over state-run media and some independent media outlets, through regulation under the Broadcasting Authority of Zimbabwe and the Zimbabwe Media Commission.

The government used accreditation laws to monitor international media journalists’ entry into the country. The government required foreign journalists to obtain permits 60 days before travelling to the country in order to report from the country. Foreign reporters paid more for permits and accreditation than did their local counterparts.

International media outlets such as al-Jazeera and the BBC continued to operate in the country.

Radio remained the principal medium of public communication, particularly for the rural majority. All urban commercial radio stations licensed in 2015 were operating during the year. Despite their perceived allegiance to ZANU-PF, these stations included independent voices in their programming. The government did not license any community radio stations during the year.

The government-controlled Zimbabwe Broadcasting Corporation (ZBC)–the country’s only domestically based television broadcasting station–operated one channel. On August 28, the Broadcasting Authority of Zimbabwe published a shortlist of 14 applicants for six commercial television licenses, in a new initiative to allow for private domestic television broadcasting. In October the applicants participated in a public inquiry process to determine their suitability to be licensed. On November 20, Zimbabwe issued six licenses. The list included Rusununguko Media, which belonged to the Ministry of Defense, government-owned Zimpapers Television Network, and four privately owned enterprises. International satellite television broadcasts were available through private firms but were too expensive for most citizens.

On July 23, High Court Justice Joseph Mafusire ruled the state-controlled ZBC and Zimbabwe Newspapers Group (also known as Zimpapers) had, during the 2018 election campaign, “conducted themselves in material breach of section 61 of the constitution,” which governs freedom of expression and freedom of media. The judge ordered the two organizations to produce impartial and independent broadcasts and ensure communications did not favor any political party or candidate over another.

Violence and Harassment: Security forces, officials, and supporters from ZANU-PF, the ruling political party, routinely harassed journalists.

The Media Institute of South Africa-Zimbabwe and local journalist Panashe Makufa filed an urgent chamber application after police arrested and harassed journalists and media workers during the COVID-19 lockdown, which began on March 30. On April 20, High Court Justice Manzunzu ordered police and other law enforcement agencies charged with enforcing the lockdown not to arrest, detain, or interfere “in any unnecessary way” with the work of journalists on the basis that their press cards issued in 2019 had expired. Despite the court ruling, Reporters without Borders recorded 24 individual cases of uniformed forces harassing journalists between April 1 and July 20.

On May 22, police arrested Frank Chikowore, a freelance journalist, and Samuel Takawira, a reporter for the online independent news outlet 263Chat, at a hospital as they sought to interview three hospitalized opposition activists who said they had been abducted and assaulted on May 13 (see section 1.c.). Chikowore and Takawira were charged with failing to comply with the COVID-19 lockdown order but were acquitted in September after being granted bail in June.

On July 20, police raided the home of journalist Hopewell Chin’ono and arrested him for promoting or inciting public violence, peace breaching, or bigotry in connection with promoting anticorruption demonstrations scheduled for July 31 (see section 1.e., Political Prisoners and Detainees).

Censorship or Content Restrictions: The government maintained censorship through media registration and accreditation laws, although many provisions of the law are inconsistent with the constitution. The law provides the government with extensive powers to control media and suppress free speech by requiring the registration of journalists and prohibiting the “abuse of free expression.” Government-controlled and independent media and journalists practiced self-censorship.

On June 29, President Mnangagwa signed into law the Freedom of Information Act as part of an effort to repeal the widely restrictive Access to Information and Protection of Privacy Act. The new law codifies the constitutional rights of freedom of expression, media freedom, and access to information held by entities in the interest of public accountability.

Libel/Slander Laws: The Constitutional Court ruled the constitution prohibits criminal defamation. Although libel, slander, defamation, and blasphemy should be treated only as civil offenses, at least five persons were arrested during the year for insulting the president or his family. Civil defamation laws remained in force.

Newspapers exercised self-censorship due to government intimidation and the prospect of prosecution under civil libel laws.

National Security: The law grants the government a wide range of legal powers to prosecute persons for political and security crimes that are not clearly defined. For example the extremely broad Official Secrets Act criminalizes the divulging of any information acquired by government employees in the course of official duties. Authorities used these laws to restrict publication of information critical of government policies or public officials. In October the cabinet approved amendments criminalizing private citizens engaging with foreign governments without authorization. As of November neither the House nor the Senate had passed the amendments.

Internet Freedom

The law permits the government to monitor all communications in the country, including internet transmissions. Internet and mobile phone communication in the country was widely available. The government, however, regulated internet and mobile phone communication to curb dissent and increased its share of the information and communications technology market and international gateways.

The government regularly monitored and interfered with use of social media. In June independent journalists reported that supporters of President Mnangagwa used denial-of-service attacks on social media and the internet to silence their voices. As a result, independent news websites had to shut down temporarily. Several independent journalists reported bot-style attacks on their Twitter accounts consisting primarily of false reports of rule violations. Edmund Kudzayi, who ran a news service on WhatsApp, said Twitter warned him several times after anonymous ZANU-PF supporters had falsely reported his account for sharing private information.

On May 30, Tichoana Zindoga, editor of the online news site Mail and Review, reported more than 2,000 malicious login attempts, which led to the temporary shutdown of his website.

The communications laws facilitated eavesdropping and call interception by state security personnel. The law allows law enforcement officers to apply to the responsible minister for a warrant authorizing them to intercept communications, including calls, emails, and other messages. Regulations permit officers to apply for interception warrants if they know the identities of individuals whose calls and messages they want to intercept. There were no reported applications of this provision.

On March 3, Zimbabwe National Army commander Edzai Zimonyo warned that the military would begin monitoring civilian communication on social media that “poses a dangerous threat to national security.” Zimonyo accused detractors of resorting to “social media platforms to subvert security forces,” encouraged senior army officers to order those in their “command to guard against such threats,” and warned anyone working on a networked computer was under threat of cybercrime, hacking, and subversion.

Academic Freedom and Cultural Events

The government did not restrict academic freedom during the year; however, the law restricts the independence of universities, subjecting them to government influence and providing disciplinary powers over staff and students to university authorities. The country’s president is the chancellor of all eight state-run universities and appoints their vice chancellors. The government has oversight of higher education policy at public universities through the Ministry of Higher and Tertiary Education.

The Censorship and Entertainment Controls Board (CECB) approves scripts by playwrights. Artists who violated provisions of the Censorship and Entertainment Control Act (CECA) received fines and prison sentences.

In July 2019 police raided the offices of Rooftop Promotions and arrested four employees after they showed the film The Lord of Kush without CECB approval, allegedly in contravention of the CECA. Magistrate Barbra Mateko freed each employee on bail and postponed the case repeatedly. Information Ministry permanent secretary Nick Mangwana told media the film, which is set in Pakistan and deals with religious fundamentalism, had “security implications for a foreign power.”

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but the government restricted these rights.

Freedom of Peaceful Assembly

The government restricted freedoms of peaceful assembly, association, or both. The law requires organizers to notify police of their intention to hold a public gathering, defined as 15 or more individuals, seven days in advance. Failure to do so may result in criminal prosecution as well as civil liability. The law allows police to prohibit a gathering based on security concerns but requires police to file an affidavit in a magistrate’s court stating the reasons behind the denial. The government must respond to notifications to demonstrate within three days. Both the law and COVID-19 lockdown regulations were used to restrict free peaceful assembly during the year.

Although many groups did not seek permits, other groups informed police of their planned events, and police either denied permission or gave no response, effectively denying permission. Police issued prohibition orders against dozens of planned, nationwide labor and opposition party protests throughout the year, citing reasonable suspicion the protests would result in violence and property damage.

Authorities often denied requests by civil society, trade unions, religious groups, or political parties other than ZANU-PF to hold public events if the agenda conflicted with government policy positions. A small group of persons, however, received a permit to camp in front of foreign embassies in Harare throughout the year.

Freedom of Association

The constitution and law provide for freedom of association, but the government restricted this right. Although the government did not restrict the formation of political parties or unions, ZANU-PF supporters, sometimes with government support or acquiescence, intimidated and harassed members of organizations perceived to be associated with other political parties (see section 3). For example in July police arrested opposition party leader Jacob Ngarivhume and journalist Hopewell Chin’ono for their alleged roles in planning and promoting a July 31 protest against government corruption.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted these rights.

In-country Movement: Police regularly interrupted freedom of movement with checkpoints throughout major cities and nationwide along most major routes. They used these checkpoints to screen vehicle occupants for potential participation in antigovernment protests, as well as to enforce COVID-19 regulation compliance.

Foreign Travel: The constitution provides the right for citizens to enter and leave the country and the right to a passport or other travel documents. In 2019 the government announced a shortage of special imported paper and ink supplies used to make passports. Media reported a 400,000-passport backlog in February, reduced to 317,000 in July, according to the Office of the Registrar General, because of fewer applications during the COVID-19 lockdown. The office temporarily stopped accepting applications from March to September but resumed operations in October.

In 2019 the cabinet approved amendments to the Zimbabwe Citizenship Bill to allow dual citizenship as prescribed in the constitution. There were reports the Office of the Registrar General sometimes imposed administrative obstacles in the passport application process for dual citizens, particularly Malawian, Zambian, and Mozambican citizens.

Exile: The constitution prohibits expulsion from the country for all citizens. A number of persons, including former government officials, prominent businessmen, human rights activists, opposition party members, and human rights lawyers, left the country and remained in self-imposed exile due to fear of persecution.

Citizenship: The constitution provides for three different classes of citizenship: by birth, by descent, or by registration. The government deprived some sections of the population of citizenship rights based on the law, which revokes the citizenship of persons who fail to return to the country in any five-year period.

Despite a constitutional provision of citizenship and having voted previously, some persons were denied the right to vote during the by-elections throughout the year because they could not adequately demonstrate their citizenship.

e. Status and Treatment of Internally Displaced Persons

According to international organizations, approximately 5,000 households were displaced due to natural disasters in 2019 and 2020, and more than 25,000 internally displaced persons (IDPs) lived throughout the country. An unknown number of persons were displaced due to government evictions after building homes on contested lands. In 2019 Cyclone Idai displaced thousands of persons in Chimanimani and Chipinge. Government officials anticipated the Cyclone Idai IDP camps would remain in place until April 2021. Urban evictions displaced persons, but the precise numbers were unknown. The most significant historical events that created internal displacement included state-sponsored election-related violence, land reform, and the government’s eviction of citizens from nonfarming areas in 2005, known as Operation Murambatsvina.

IDPs from previous years, presumably including the 15,000 persons displaced in 2014 from the vicinity of the Tokwe-Mukosi dam, remained in nearly emergency conditions, with an overwhelming majority living without basic sanitation. IDPs were among the populations at greatest risk of food insecurity. In addition to improved living conditions, IDPs required regularization of their status. Without needing any official documentation, several generations of farm workers originally from neighboring countries previously resided in insular commercial farming communities. With the eviction of farm owners, these farm workers were forced to move to adjacent communal lands and left without employment or health and education services.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Security forces detained migrants who lacked identity documents or permission to be in the country in prisons with convicted criminals. Prolonged detention for migrants was common. Migrants complained of mistreatment by other prisoners. The government sometimes worked with international organizations to assist the voluntary repatriation of migrants, primarily Mozambicans settled on the border between the two countries.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. According to UNHCR, the country hosted approximately 322,000 refugees and asylum seekers during the year. The Tongogara refugee camp hosted approximately 15,000 refugees and asylum seekers. Prior to COVID-19 border closures, an estimated 100 persons arrived each month, primarily from the Democratic Republic of the Congo, Mozambique, and Burundi.

Freedom of Movement: The government maintained a formal encampment policy requiring refugees to live at the Tongogara refugee camp. Nevertheless, at year’s end approximately 850 refugees lived in urban areas, including Harare and Bulawayo, and more than 8,080 Mozambican asylum seekers lived among host communities along the border with Mozambique.

Employment: Refugees in the informal sector had limited employment options due to the encampment policy requiring all refugees to reside in the Tongogara refugee camp. UNHCR partners and the Julia Taft Fund provided employment opportunities for residents of the camp, including banana farming, livestock production, and soap production.

Durable Solutions: While the government did not accept refugees from foreign countries for resettlement, it facilitated the voluntary repatriation of refugees to their home countries by recognizing the Voluntary Repatriation Declaration Form as a valid document for travel purposes. The government also allowed Rwandan refugees, who lost prima facie refugee status following implementation of the 2013 Rwandan cessation clause, to remain in the country pending final arrangements by the government. Additionally, the Office of the Commissioner for Refugees stated that Rwandans with Zimbabwean spouses were permitted to regularize their stay in the country. Many refugees were unwilling to return to their home countries voluntarily, and resettlement remained the only viable solution for many of them.

g. Stateless Persons

The country has a significant number of habitual residents who are legally or de facto stateless. In 2015 international organizations estimated a minimum of 300,000 persons in the country were stateless; no more recent data was available. Longstanding migrant labor populations (from Mozambique, Malawi, and Zambia) without documentation, strict nationality transmission regulations, and failure or inability to register births contributed to the country’s stateless population. Children born between 1980 and 1996 to a Zimbabwean mother but a father without Zimbabwean citizenship cannot claim Zimbabwean citizenship unless they were born out of wedlock. The United Nations estimated only 74 percent of births were registered in the country. Mothers may register their child’s births only if the father or another male relative is present. If the father or other male relative refuses to register the child, the child may be deprived of a birth certificate, which limits the child’s ability to acquire identity documents, enroll in school, and access social services.

Although the constitution provides citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot, this right was restricted. The political process continued to be heavily biased in favor of the ruling ZANU-PF party, which dominated politics and government. Citing government-mandated lockdowns due to COVID-19, the Zimbabwe Electoral Commission on March 25 announced the indefinite suspension of all electoral processes. On June 6, the commission announced it would resume some activities that do not violate lockdown regulations. Some election-focused NGOs criticized the commission for failure to consult with citizens before making the announcements but acknowledged the prioritization of voters’ health.

Elections and Political Participation

Recent Elections: Most international and local independent observers characterized the 2018 presidential, parliamentary, and local elections as largely free of violence but not meeting standards for credible elections. The South African Development Community, the African Union, and the Common Market for Southern and Eastern Africa, however, declared the elections free and fair. Political parties and civil society organizations complained of widespread voter disenfranchisement, including of foreign-born and diaspora voters, and the inability to compete on a level playing field. State media coverage was heavily biased in favor of ZANU-PF and provided almost no access to or positive coverage of the opposition. There were reports of voter intimidation, including the collection of voter registration slips by party and tribal leaders to undermine the secrecy of the vote. While the law obliges traditional chiefs to be impartial, in rural areas traditional leaders mobilized voters and canvassed support for ZANU-PF. In return, traditional leaders continued to receive farms, vehicles, houses, and other benefits. Local NGOs also reported traditional leaders’ politicized distribution of agricultural inputs and food aid to reward ZANU-PF supporters and punish opposition voters.

Political Parties and Political Participation: An unprecedented number of presidential candidates (23) and political parties (55) contested the 2018 elections. Despite this opening of political space, elements within ZANU-PF and the security forces intimidated and committed abuses against other parties and their supporters and obstructed their activities. Local NGOs reported ZANU-PF youth members and so-called war veterans threatened communities with violence, reminding them the violence of the 2008 elections would return if ZANU-PF candidates lost in the 2018 elections.

The High Court, in a series of decisions beginning in March, paved the way for a minor political party, the Movement for Democratic Change-Tsvangirai (MDC-T) to challenge the leadership of the main opposition party, the Movement for Democratic Change-Alliance (MDC-A), ignoring earlier jurisprudence that ruled that political parties, as private and voluntary associations, should resolve their differences using internal remedies. This decision disenfranchised voters by allowing the minor political party to recall and replace elected MDC-A parliamentarians and local councilors. In June police and military arrested some and blocked other senior MDC-A officials from entering the party’s headquarters when MDC-T party members broke into the building.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did fully participate as voters and candidates. Women remained largely underrepresented in local and national political offices, and men overwhelmingly held most senior positions in the public sector. Female candidates faced particularly vitriolic gender-based insults regarding appearance, sexual proclivity, and other gender-based stereotypes and faced challenges within their party if running against a male candidate in a primary. During the 2018 elections, several female MDC-A candidates reported some party leaders demanded women to have sex with them for their names to appear on the party candidate list. Those who refused found their names left off the list.

Some observers believed that traditional and cultural factors limited the participation of women. Women held five of 21 cabinet minister positions, an increase from the previous election in 2013, but well below their 52 percent share of the population and well below the equal representation required by the constitution. Women headed the Ministry of Defense and War Veterans and the Ministry of Youth, Sport, Arts, and Recreation for the first time in the country’s history. Women held five of 12 minister of state positions. Women made up 31 percent of the National Assembly and Senate, down from 34 percent in 2013. In 2018 the Senate elected a woman as president. In accordance with the constitution, female members of parliament filled all 60 seats reserved for women in the National Assembly under a gender-quota provision.

The law provides criminal penalties for conviction of corruption; however, the government did not implement the law effectively or impartially, and officials engaged in corrupt practices with impunity. Despite government pronouncements, corruption remained a severe problem that experts described as “catch and release,” where the government arrested some corrupt officials, often those who have fallen out of favor, without ever convicting them.

Corruption: Corruption in both the public and private sectors persisted. The country continued to experience both petty and grand corruption, defined respectively by Transparency International Zimbabwe as an “everyday abuse of entrusted power by low- to mid-level public officials” and “an abuse of high-level power by political elites.”

The constitution mandates the Zimbabwe Anticorruption Commission (ZACC) to conduct corruption investigations. In 2019 President Mnangagwa appointed nine new commissioners to the ZACC and gave the commission the power to arrest. It does not have the power to prosecute. In August a separate Special Anti-Corruption Unit was created within the Office of the Presidency. Concerns remained that the ZACC primarily targeted high-profile officials who had fallen out of favor with President Mnangagwa and that the government’s anticorruption efforts were highly politicized.

On July 9, President Mnangagwa fired the Health and Child Care minister Obadiah Moyo for corruptly awarding a multi-million-dollar contract overpaying for medical equipment related to fighting COVID-19. Moyo, arrested on June 19, was released on bail the next day, unlike the journalist who raised public awareness of the scandal, who was denied bail for six weeks. As of December 1, the courts had not set a date to hear Moyo’s case.

In June, in addition to Obadiah Moyo, President Mnangagwa fired Energy and Power Development Minister Fortune Chasi pending his investigation by the Zimbabwe Anti-Corruption Commission. As of December neither case nor investigation had concluded. Police frequently arrested citizens for exposing corruption while ignoring reports implicating high-level businesspersons and politicians.

Implementation of the government’s redistribution of expropriated white-owned commercial farms often favored the ZANU-PF elite and continued to lack transparency (see section 1.f.). High-level ZANU-PF officials selected numerous farms and registered them in the names of family members to evade the government’s policy of one farm per official. The government continued to allow individuals aligned with top officials to seize land not designated for acquisition. The government conducted a comprehensive land audit in 2018 to reflect land ownership accurately, but the commission had not completed the exercise. Landowners connected to ZANU-PF routinely sold land to citizens but refused to transfer ownership officially or to develop the land as agreed upon in contracts. ZANU-PF officials continued to seize farms without compensation throughout the year.

The Ministry of Finance made progress in removing unqualified persons from the state payroll by removing thousands of youth officers from various ministries. According to the most recent audit, illicit salary payments were made to large numbers of persons who were retired, deceased, or otherwise absent from their place of employment. Duplicate personally identifiable information in files indicated some persons received multiple salaries. The government implemented a biometric registration system for civil servants to reduce improper salary payments.

In its 2019 report, the Office of the Auditor General exposed corruption, including payment for undelivered goods such as motor vehicles, generators, excavators, and biometric cards. It reported that between 2016 and 2018, the government failed to account for how it spent $29.6 million in the maize distribution portion of its Command Agriculture program. Anecdotal reports indicated a significant portion of this total was lost to corruption. The auditor general also reported $417 million of accounts receivable that remained outstanding for extended periods, making their collectability doubtful. Notable cases in the report included the Zimbabwe Electrification Transmission and Distribution Company, which had not taken delivery of transformers nine years after making a payment of $4.9 million to a supplier. The report received extensive media coverage, but targeted ZANU-PF officials dismissed the report as exaggerated or falsified. The report attributed 80 percent of its flagged concerns on state-owned enterprises to “governance issues.” The report also exposed poor maintenance of accounting records in some ministries, with some diverting funds for improper purposes while others paid for goods and services not delivered.

Financial Disclosure: The law does not require elected or appointed officials to disclose income or assets.

A number of domestic and international human rights groups operated in the country, investigating and publishing their findings on human rights cases. Such groups were subject to government restrictions, interference, monitoring, confiscation of materials and documentation, arrest, and other forms of harassment. Major domestic NGOs included the Zimbabwe Human Rights NGO Forum, ZESN, Election Resource Center, ZLHR, Zimbabwe Peace Project, ZimRights, Zimbabwe Legal Resources Foundation, Heal Zimbabwe Trust, Women’s Coalition, and Women and Men of Zimbabwe Arise.

The government harassed NGOs it believed would expose abuses by government personnel or that opposed government policies, and it continued to use government-controlled media to disparage and attack human rights groups, especially those believed to be in communication with western embassies or governments. State media reporting typically dismissed the efforts and recommendations of NGOs critical of government, accusing the NGOs of seeking regime change.

The United Nations or Other International Bodies: The government allowed a UN special rapporteur on the rights to freedom of peaceful assembly and of association to visit the country in September 2019. His report was critical of government corruption and impunity, and it did not generate a response from ZANU-PF officials, who have long been dismissive of UN and other international criticism.

Government Human Rights Bodies: The ZHRC remained underfunded but managed to fulfill some of its constitutionally mandated functions. The ZHRC conducted public outreach throughout the country. Through its website, a hotline, social media platforms, and mobile legal clinics, the ZHRC’s human rights officers conducted public outreach throughout the country and accepted complaints from the public for investigation. The ZHRC, however, did not have sufficient personnel to investigate the number of complaints it received.

The ZHRC issued a statement in April encouraging all government officials to respect human rights when enforcing COVID-19 lockdown protocols and urging the Zimbabwe Republic Police to avoid excessive use of force and unwarranted deprivation of the rights to personal security and liberty. As of September the government had arrested more than 105,000 individuals for violating COVID-19 lockdown regulations.

The government did not overtly attempt to obstruct the ZHRC’s work or deliberately withhold resources based on the commission’s criticism of the government or security services’ actions.

The constitutionally mandated National Peace and Reconciliation Commission (NPRC) continued its work. The commission consists of nine members with offices located in Harare and Bulawayo. In 2019 the High Court ruled to extend the NPRC’s mandate to January 2028.

The NPRC conducted inclusive, nationwide public discussions throughout the year. Some events were conducted virtually during the lockdown, which limited participation to those with internet access. Some NGOs questioned the commission’s independence and effectiveness.

Women

Rape and Domestic Violence: The law criminalizes sexual offenses, including rape and spousal rape, and conviction is punishable by lengthy prison sentences. Nonetheless, women’s organizations stated that rape remained widespread, sentences were inconsistent, and victims were not consistently afforded protection in court. The chairperson of the Zimbabwe Gender Commission reported that as of November 2019, an average of 22 women were raped daily.

Social stigma and societal perceptions that rape was a “fact of life” continued to inhibit reporting of rape. In the case of spousal rape, reporting was even lower due to women’s fear of losing economic support or of reprisal, lack of awareness that spousal rape is a crime, police reluctance to be involved in domestic disputes, and bureaucratic hurdles. Most rural citizens were unfamiliar with laws against domestic violence and sexual offenses. A lack of adequate and widespread services for rape victims also discouraged reporting.

According to an NGO, no one had been held to account for the 16 reported rapes by security forces from January through March 2019 in retaliation for January 2019 stay-away demonstrations.

Female political leaders were targeted physically or faced violent threats and intimidation (see section 1.c.).

Children born from rape suffered stigmatization and marginalization. Mothers of children resulting from rape sometimes were reluctant to register the births, and therefore such children did not have access to social services.

The adult rape clinics in public hospitals in Harare and Mutare were run by NGOs and did not receive a significant amount of financial support from the Ministry of Health and Child Care. The clinics reported receiving an average of 300 rape referrals each year from police and NGOs. They administered HIV tests and provided medication for HIV and other sexually transmitted diseases. Although police referred for prosecution the majority of reported rapes of women and men who received services from the rape centers, very few individuals were prosecuted.

Domestic violence remained a serious problem, especially intimate partner violence perpetrated by men against women. Although conviction of domestic violence is punishable by a substantial monetary fine and a maximum sentence of 10 years’ imprisonment, authorities generally considered it a private matter, and prosecution was rare.

The government continued a public awareness campaign against domestic violence. Several women’s rights groups worked with law enforcement agencies and provided training and literature on domestic violence as well as shelters and counseling for women. According to NGOs, most urban police stations had trained officers to deal with victims of domestic violence, but stations had a limited ability to respond on evenings and weekends. The law requires victims of any form of violence to produce a police report to receive free treatment at government health facilities. This requirement prevented many rape victims from receiving necessary medical treatment, including postexposure prophylaxis to prevent victims from contracting HIV. NGOs observed a significant increase in gender-based violence reports during government-mandated lockdowns due to COVID-19. One NGO tracked a threefold increase in requests for domestic violence-related assistance.

Female Genital Mutilation/Cutting (FGM/C): There were no national statistics available regarding FGM/C, but the practice of labial elongation reportedly occurred with “aunties” taking the lead on the process.

Other Harmful Traditional Practices: Virginity testing continued to occur in some regions during the year. Breast ironing was documented.

Sexual Harassment: No specific law criminalizes sexual harassment, but labor law prohibits the practice in the workplace. Media reported that sexual harassment was prevalent in universities, workplaces, and parliament, where legislators routinely and publicly body shamed, name called, and booed female members of parliament. Female politicians seeking public office also reported sexual harassment by male leaders in charge of candidate selection in political parties (see section 3). The Ministry of Women Affairs, Gender, and Community Development acknowledged that lack of sexual harassment policies at higher education institutions was a major cause for concern. This acknowledgement came after a student advocacy group, the Female Students Network Trust, published the results of a 2017 survey that revealed high incidences of gender-based violence and sexual harassment of female students. Female college students reported they routinely encountered unwanted physical contact from male students, lecturers, and nonacademic staff, ranging from touching and inappropriate remarks to rape. Of the students interviewed, 94 percent indicated they had experienced sexual harassment in general, 74 percent indicated they had experienced sexual harassment by male university staff, and 16 percent reported they were raped by lecturers or other staff.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health, and some had access to the information and means to do so, free from discrimination, coercion, and violence. Adolescents, rural residents, and survivors of gender-based-violence, however, lacked consistent access to the means to manage their reproductive health. According to the UN Population Fund’s Sexual and Reproductive Health and Reproductive Rights Country Profile, in 2015, 87 percent of married or in-union women reported making decisions on their health care, 93 percent had autonomy in deciding to use contraception, and 72 percent reported they could say no to sex.

According to Track 20, a Family Planning 2030-supported initiative, the contraceptive prevalence rate was 69 percent for 2020, up from 66.5 percent in the 2015 Zimbabwe Demographic and Health Survey (ZDHS). Barriers affecting access to contraception included supply chain and commodity problems and remote access to health facilities. Cultural barriers included religious skepticism of modern medicine among some groups. he government’s policy and legal framework also served as a barrier for adolescents and those still in school due to its ambiguity on the permitted age of access to contraception. According to various media sources, access to contraception became more challenging due to COVID-19 and government lockdown measures that restricted travel.

The law and the creation of one-stop centers for survivors of gender-based violence were designed to provide access to sexual and reproductive health services for survivors of sexual violence. Widespread access, however, remained constrained by limited state funding to NGOs running adult rape clinics in Harare and Mutare and by limited night and weekend police capacity to provide the police report that is the necessary first step in accessing free treatment at government health facilities.

According to the 2019 Multiple Indicator Cluster Survey, the maternal mortality ratio was 462 deaths per 100,000 live births, down from 651 deaths per 100,000 live births reported in the 2015 ZDHS. The leading direct causes of maternal mortality were preventable hemorrhage, hypertensive pregnancy disorders, and sepsis, which occurred despite high prenatal care coverage, high institutional deliveries, and the presence of a skilled health worker at delivery. According to the WHO World Health Statistics 2020 Report, the proportion of births attended by skilled health personnel was 86 percent for the period 2010-2019 (up from 69 percent for the period 2000-2008 ), the adolescent birth rate (per 1,000 women aged 15-19 years) for the period 2010-2018 was 78 (down from 101 for the period 2000-2007), and the proportion of women of reproductive age who had their need for family planning satisfied with modern methods for the period 2010-2019 was 85 percent. No national statistics were available regarding FGM/C, including implications for maternal morbidity, but reports indicated it was a problem among some communities.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for the same legal status and rights for women as for men. The constitution’s bill of rights, in the section on the rights of women, states that all “laws, customs, traditions, and practices that infringe the rights of women conferred by this constitution are void to the extent of the infringement.” There is also an institutional framework to address women’s rights and gender equality through the Ministry of Women Affairs, Gender, and Community Development and the Gender Commission, one of the independent commissions established under the constitution. Despite the appointment of commissioners in 2015, the commission received only minimal funding from the government and lacked sufficient independence from the ministry.

The commission released a statement of concern in May regarding the gendered impact of the COVID-19-related government lockdown. The commission appealed to the government, civil society, private sector, development agencies, and citizens to enhance protection systems and ensure economic recovery plans include women, street children, and sex workers.

The law recognizes a woman’s right to own property, but very few women owned property due to the customary practice of patriarchal inheritance. Less than 20 percent of female farmers were official landowners or named on government lease agreements. Divorce and alimony laws were equitable, but many women lacked awareness of their rights, and in traditional practice property reverts to the man in case of divorce or to his family in case of his death. A marriage law enacted in 2019 amended and consolidated the country’s marriage laws in alignment with the constitution. The law abolishes child marriage and affords civil partnerships or common law marriages the same remedies as legal marriages. Civil partnerships are only for heterosexual persons. The law does not address property rights during marriage or inheritance following the death of a spouse.

Women have the right to register their children’s births, although either the father or another male relative must be present. If the father or other male relative refuses to register the child, the child may be deprived of a birth certificate, which limits the child’s ability to acquire identity documents, enroll in school, and access social services.

Women and children were adversely affected by the government’s forced evictions, demolition of homes and businesses, and takeover of commercial farms. Widows, when forced to relocate to rural areas, were sometimes “inherited” into marriages with an in-law after the deaths of their spouses.

The government gave qualified women access to training in the armed forces and national service, where they occupied primarily administrative positions. The Air Force of Zimbabwe has one female fighter-jet pilot, certified in 2018 in China. In the Zimbabwe Defense Forces, there were two female brigadier generals appointed in 2013 and 2016, respectively and one female air commodore appointed in 2016. Minister of Defense and War Veterans Oppah Muchinguri was a woman.

The government did not consistently enforce the laws regarding equality. Government efforts to implement legal equality for men and women were undermined by traditional practices and courts that recognized male prerogatives in marriage, divorce, child custody, inheritance, and the judicial process.

Children

Birth Registration: The 2013 constitution states citizenship is derived from birth in the country and from either parent, and all births are to be registered with the Births and Deaths Registry. The 2012 population census data showed that just one in three children younger than age five possessed a birth certificate. Of urban children younger than age five, 55 percent possessed a birth certificate, compared with 25 percent of rural children. Lack of birth certificates impeded access to public services, such as education and health care, resulting in many children being unable to attend school and increasing their vulnerability to exploitation.

Education: The constitution states that every citizen and permanent resident of the country has a right to a basic state-funded education but adds a caveat that when the state provides education, it “must take reasonable legislative and other measures, within the limits of the resources available to it.” According to the 2012 population census, 87 percent of all children attended primary school. School attendance was only slightly higher in urban than in rural areas, and enrollment for children older than 14 was in decline. Urban and rural equity in primary school attendance rates disappeared at the secondary school level. Rural secondary education attendance (44 percent) trailed behind urban attendance (72 percent) by a wide margin. Many schools closed during the year due to COVID-19-related government lockdowns and teacher strikes against low wages.

Girls were more at risk of dropping out of school. The Ministry of Primary and Secondary Education reported in 2018 that 12.5 percent of the estimated 57,500 students who dropped out of school were either pregnant or newly married girls. In most circumstances these girls were expelled when school officials believed they could no longer support them. In August, however, President Mnangagwa legally barred government schools from expelling pregnant students to improve gender equality in classrooms. The legal amendment fortifies a 1999 guideline that was sparsely enforced throughout the country.

Although it is mandated by the constitution, there was a lack of free basic education for children, increasing the risk of children’s involvement in child labor. In the past children were required to attend school only up to age 12, which made children ages 12 through 15 particularly vulnerable to child labor, even though they are not legally permitted to work. School fees were often prohibitively expensive and limited access to education, leading some to leave school and enter the workforce at a young age. As of March education is compulsory until the age of 16. Parents who failed to send their children to school can face up to two years in prison.

Child Abuse: Child abuse, including incest, infanticide, child abandonment, and rape, continued to be a serious problem, especially for girls. During the year the NGO Childline reported significant increases in calls received via its national helpline, especially from March to September when COVID-19-related government lockdowns were the strictest. In 2019 approximately 26 percent of all reported cases of abuse to Childline concerned a child who had been sexually abused, 28 percent concerned physically or emotionally abused children, 18 percent involved neglect, and 7 percent related to forced marriage. Of the 25,000 total cases, 93 percent involved girls.

The government made progress in efforts to combat child abuse, such as outlawing corporal punishment for students and juveniles, but implementation legislation was lacking. Government and private facilities that addressed child abuse were underfunded. President Mnangagwa added an amendment to the Education Act on August 22 making it illegal for teachers to cane students. In 2019 the Constitutional Court ruled against the use of corporal punishment in sentences meted out to male juveniles, but this prohibition had not been confirmed through legislative reform. In 2017 the High Court outlawed corporal punishment for children at school and home.

The NGO Childline reported a spike in distress calls from minors since COVID-19 lockdowns closed many schools and workplaces. Before the lockdown, Childline received an average of 50,000 calls per month; in May they received 75,152 calls. Childline staff disclosed they responded to 633 child abuse cases as of September, including 321 sexual abuse cases.

Child, Early, and Forced Marriage: The constitution declares anyone younger than age 18 a child. The marriage law prohibits anyone underage from marriage or entering a civil partnership, and new legislation also criminalizes assisting, encouraging, or permitting child marriages or civil partnerships. The government made significant efforts during the year to combat child marriage, including drafting an updated Marriages Bill that criminalizes marrying a child or pledging a child to marriage. As of December the House of Assembly had approved the bill and passed it to the Senate.

According to the 2019 Multiple Indicator Cluster Survey, however, 34 percent of girls were married before the age of 18. Despite legal prohibitions, some rural families and religious sects continued to force girls to marry. Child welfare NGOs reported evidence of underage marriages, particularly in isolated religious communities or among AIDS orphans who had no relatives willing or able to take care of them. High rates of unemployment, the dropout of girls from school, and the inability of families to earn a stable income were major causes of child marriage.

Families gave girls or young women to other families in marriage to avenge spirits, as compensatory payment in interfamily disputes, or to provide economic protection for the family. Some families sold their daughters as brides in exchange for food, and younger daughters at times married their deceased older sister’s husband as a “replacement” bride. An NGO study published in 2014 found that because of the cultural emphasis placed on virginity, any loss of virginity, real or perceived, consensual or forced, could result in marriage, including early or forced marriage. In some instances family members forced a girl to marry a man based on the mere suspicion that the two had had sexual intercourse. This cultural practice even applied in cases of rape, and the study found numerous instances in which families concealed rape by facilitating the marriage between rapist and victim.

As a result of the COVID-19 pandemic, young girls became more vulnerable to forced marriages. With schools closed and impoverished families desperate for income, girls were at a higher risk of being married off or subject to sexual violence.

Sexual Exploitation of Children: Conviction of statutory rape, legally defined as sexual intercourse with a child younger than age 12, carries a substantial fine, up to 10 years’ imprisonment, or both. A person in possession of child pornography may be charged with public indecency; convictions result in a small fine, imprisonment for up to six months, or both. A conviction of procuring a child younger than age 16 for purposes of engaging in unlawful sexual conduct may result in a substantial fine, up to 10 years’ imprisonment, or both. Persons charged with facilitating the prostitution of a child often were also charged with statutory rape. A parent or guardian convicted of allowing a child younger than age 18 to associate with or become a prostitute may face up to 10 years’ imprisonment. Girls from towns bordering South Africa, Zambia, and Mozambique were subjected to prostitution in brothels that catered to long-distance truck drivers. Increasing economic hardships contributed to more girls engaging in prostitution.

The government did not effectively enforce the law. Sexual exploitation of children was widespread, and not all penalties were commensurate with those for similar crimes. The publication America: The Jesuit Review of Faith & Culture reported child prostitution rates in the country increased as a direct result of the COVID-19 pandemic. Economic difficulties led families to use their underage daughters as a source of income. Most of these girls acted as the head of their household, with either bereft or deceased parents or elderly grandparents who could not work.

The Zimbabwe Republic Police issued a memo during the year ordering police officers not to use prostitution or sexual acts by family members to subsidize the family’s income.

Displaced Children: A 2016 UNICEF report estimated 18 percent of children had lost one or both parents to AIDS and other causes. The proportion of orphans in the country remained very high. Many orphans were cared for by their extended family or lived on the street or in households headed by children.

Orphaned children were more likely to be abused, not enrolled in school, suffer discrimination and social stigma, and be vulnerable to food insecurity, malnutrition, and HIV/AIDS. Some children turned to prostitution for income. Orphaned children often were unable to obtain birth certificates because they could not provide enough information regarding their parents or afford to travel to offices that issued birth certificates. Orphans were often homeless.

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.

Anti-Semitism

The Jewish community numbered approximately 150 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/.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities in employment, access to public places, and the provision of services, including education and health care. The law does not specifically address air travel or other transportation, nor does it specify physical, sensory, mental, or intellectual disabilities. NGOs continued to lobby to broaden the legal definition of “disabled” to include persons with albinism, epilepsy, and other conditions. As of September parliament had not implemented enabling legislation to align the Disabled Persons Act with the constitution, despite a 2019 petition from NGOs to do so. Government institutions often were uninformed and did not implement the law. The law stipulates that government buildings be accessible to persons with disabilities, but implementation was slow.

The National Association of Societies for the Care of the Handicapped (NASCOH) reported access to justice in courts was difficult for persons with hearing disabilities due to a lack of sign language interpreters. Persons with disabilities living in rural settings faced even greater access challenges.

Polling officials permitted persons who requested assistance, including blind, illiterate, and elderly persons, to bring an individual with them to mark their ballots as the electoral law requires. The National Association of Societies for the Care of the Handicapped (NASCOH) helped ensure persons with disabilities had access at polling stations throughout Harare, Bulawayo, Gweru, Kwekwe, and Mutare during elections. During the 2018 national elections, the Zimbabwe Election Support Network (ZESN) found 97 percent of observed polling stations made adequate accommodations for persons with disabilities, the elderly, and pregnant or nursing women. During 2019 and 2020 by-elections, ZESN again reported adequate accommodations for voters.

Although two senators were elected to represent persons with disabilities, parliament rarely addressed problems especially affecting such persons. Parliament does not provide specific line items for persons with disabilities in the various social service ministry budgets.

Most persons holding traditional beliefs viewed persons with disabilities as bewitched, and in extreme cases families hid children with disabilities from visitors. Relatives routinely refused responsibility for raising orphans with disabilities. According to NASCOH, the public considered persons with disabilities to be objects of pity rather than persons with rights. NASCOH reported that 75 percent of children with disabilities had no access to education.

The government did not effectively enforce the law. There were very few government-sponsored education facilities dedicated to persons with disabilities. Educational institutions discriminated against children with disabilities. Essential services, including sign language interpreters, braille materials, and ramps, were not available and prevented children with disabilities from attending school. Many schools refused to accept children with certain disabilities. Schools that accepted students with disabilities offered very little in the way of nonacademic facilities for those accepted as compared with their counterparts without disabilities. Many urban children with disabilities obtained informal education through private institutions, but these options were generally unavailable for persons with disabilities in rural areas. Government programs, such as the basic education assistance module intended to benefit children with disabilities, failed to address adequately the root causes of their systematic exclusion.

Women with disabilities faced compounded discrimination, resulting in limited access to services, reduced opportunities for civic and economic participation, and increased vulnerability to violence.

Persons with mental disabilities also experienced inadequate medical care and a lack of health services. There were 25 mental health institutions, including four referral centers, five provincial units and wards, three-day treatment facilities, three outpatient facilities, and 10 community residential facilities in the country with a total capacity of more than 1,500 residents, in addition to the three special institutions run by the ZPCS for long-term residents and those considered dangerous to society. Residents in these government-run institutions received cursory screening, and most waited for at least one year for a full medical review. In the informal sector, the Zimbabwe National Traditional Healers Association (ZINATHA) played a large role in the management of psychosomatic and anxiety disorders. ZINATHA conducted training for its members to learn to refer patients with mental health problems to the formal sector.

A shortage of drugs and adequately trained mental health professionals resulted in persons with mental disabilities not being properly diagnosed and not receiving adequate therapy. There were few certified psychiatrists working in public and private clinics and teaching in the country. NGOs reported that getting access to mental health services was slow and frustrating. They reported persons with mental disabilities suffered from extremely poor living conditions, due in part to shortages of food, water, clothing, and sanitation.

Prison inmates with disabilities in facilities run by the ZPCS were sometimes held without charges, pending psychiatric evaluation. Two doctors examined inmates with psychiatric conditions. The doctors were required to confirm a mental disability and recommend an individual for release or return to a mental institution. Inmates with mental disabilities routinely waited as long as three years for evaluation.

Polling officials permitted persons who requested assistance, including blind, illiterate, and elderly persons, to bring an individual with them to mark their ballots as the electoral law requires. NASCOH helped ensure persons with disabilities had access at polling stations throughout Harare, Bulawayo, Gweru, Kwekwe, and Mutare during elections. During the 2018 national elections, ZESN found 97 percent of observed polling stations made adequate accommodations for persons with disabilities, the elderly, and pregnant or nursing women. During 2019 and 2020 by-elections, ZESN again reported adequate accommodations for voters.

Members of National/Racial/Ethnic Minority Groups

According to government statistics, the Shona ethnic group made up 82 percent of the population, Ndebele 14 percent, whites and Asians less than 1 percent, and other ethnic and racial groups 3 percent.

Historical tension between the Shona majority and the Ndebele minority resulted in continued marginalization of the Ndebele by the Shona-dominated government. During the year senior political leaders refrained from attacking each other along ethnic lines to consolidate support ahead of the by-elections. Within the Shona majority, the Zezuru subgroup, who dominated the government under Mugabe, reportedly harbored resentment toward the Karanga subgroup after Mnangagwa, an ethnic Karanga, became president. When the Zimbabwe Catholic Bishops’ Conference issued a pastoral letter condemning the government’s violent crackdown on dissent, the minister of information, who was of Shona descent, singled out the head of the bishops’ conference, who was of Ndebele descent, and accused him of stoking a “Rwanda-type genocide.”

Some government officials continued to blame the country’s economic and political problems on the white minority and western countries. Police seldom arrested government officials or charged them with infringing upon minority rights, particularly the property rights of the minority white commercial farmers or wildlife conservancy owners, who continued to be targeted in land redistribution programs without compensation.

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

According to the criminal code, “any act involving physical contact between men that would be regarded by a reasonable person to be an indecent act” carries a penalty if convicted of up to one year in prison or a substantial fine. There were no known cases of prosecutions of consensual same-sex sexual conduct.

Members of Gays and Lesbians of Zimbabwe (GALZ), the primary organization dedicated to advancing the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, experienced harassment and discrimination against members seeking employment and health services. Transsmart, another active LGBTI group, reported their members believed they were unsafe and unwelcome in churches due to deeply held religious and social stigmas in society. There is no legal option to change gender pronouns on state identity cards, creating identification and travel difficulties for transgender persons. The mismatch between gender presentation and identification pronouns can lead state officials, police, and potential employers to believe the individual is committing identity theft, sometimes leading to criminal arrest.

GALZ reported its membership had more than doubled since 2015. The group noted a decline in the arrest and detention of LGBTI community members but reported half of gay men had been physically assaulted and 64 percent had been disowned by their families. Of lesbians, 27 percent reported harassment, assault, or disownment.

LGBTI persons were vulnerable to blackmail because of the criminality and stigma associated with same-sex conduct. LGBTI advocacy organizations reported blackmail and being “outed” as two of the most common forms of repression of LGBTI persons. It was common for blackmailers to threaten to reveal one’s sexual identity to police, the church, employers, or family if the victim refused to render payment.

According to GALZ, LGBTI persons often left school at an early age due to discrimination. Higher-education institutions reportedly threatened to expel students based on their sexual orientation. Members of the LGBTI community also had higher rates of unemployment and homelessness.

GALZ reported that many persons who identified themselves as LGBTI did not seek medical care for sexually transmitted diseases or other health problems due to fear that health-care providers would shun them or report them to authorities. Public medical services did not offer hormone therapy or gender-confirmation surgeries to the transgender and intersex community. A small number of private clinics provided testosterone therapy, but patients seeking estrogen therapy were required to purchase and self-administer the medicines privately or travel to neighboring countries where treatment was available. Some parents treated their children’s identity as an intellectual disability and forced transgender youth into mental health institutions.

HIV and AIDS Social Stigma

The government has a national HIV/AIDS policy that prohibits discrimination against persons with HIV or AIDS, and the law prohibits discrimination against workers with HIV or AIDS in the private sector and parastatals. Despite these provisions, societal discrimination against persons with HIV or AIDS remained a problem. Local NGOs reported persons affected by HIV or AIDS faced discrimination in health services, education, and employment. Although there was an active information campaign to destigmatize HIV/AIDS by international and local NGOs, the Ministry of Health and Child Welfare, and the National AIDS Council, such ostracism and criticism continued.

In the 2015 Demographic Health Survey, 22 percent of women and 20 percent of men reported they held discriminatory attitudes towards those with HIV or AIDS. Approximately 6 percent of women and 9 percent of men opined that children with HIV or AIDS should not be allowed to attend school with children without the virus. Approximately 40 percent of sex workers with HIV or AIDS said they avoided seeking health care due to stigma and discrimination. Approximately 6 percent of individuals with HIV or AIDS reported being denied some form of health care due to their positive status.

Promotion of Acts of Discrimination

Government efforts to discriminate against white farmers by seizing farmland diminished but did not cease. Throughout the year government-controlled media did not vilify white citizens or blame them for the country’s problems, as was common practice under former president Mugabe. Nevertheless, some farm seizures continued.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of private-sector workers to form and join unions, conduct legal strikes, and bargain collectively. Other provisions of law, as well as the government’s application of the law, abrogated these rights. Public-sector workers may not form or join trade unions but may form associations that bargain collectively and strike. The law prohibits antiunion discrimination, provides that the labor court handle complaints of such discrimination, and may direct reinstatement of workers fired due to such discrimination.

The law provides for the registrar of the Ministry of Public Service, Labor, and Social Welfare to supervise the election of officers of workers’ and employers’ organizations, to cancel or postpone elections, and to change the venue of an election. The law also grants the minister extensive powers to regulate union activities such as collecting dues and paying staff salaries, and to make decisions concerning the equipment and property that may be purchased by trade unions. The minister has the authority to veto collective bargaining agreements perceived to be harmful to the economy as well as to appoint an investigator who may, without prior notice, enter trade union premises, question any employee, and inspect and copy any books, records, or other documents. The law empowers the minister to order an investigation of a trade union or employers’ organization and to appoint an administrator to run its affairs.

The law significantly limits the right to strike. Strikes are limited to disputes regarding work issues. The law provides that a majority of the employees must agree to strike by voting in a secret ballot. Strike procedure requirements include a mandatory 30-day reconciliation period and referral to binding arbitration (in essential services and in nonessential services where the parties agree or where the dispute involves rights). Following an attempt to resolve a dispute of interest and a labor officer’s issuance of a certificate of no settlement, the party proposing a collective job action must provide 14 days’ written notice of intent to resort to such action, including specifying the grounds for the intended action, in order to call a strike legally. No provisions prohibit employers from hiring replacement workers in the event of a strike.

Police and army members are the only legally recognized essential services employees and may not strike, but the law allows the Ministry of Public Service, Labor, and Social Welfare to declare any nonessential service an essential service if a strike is deemed a danger to the population. The law also allows employers to sue workers for liability during unlawful strikes, with penalties for conviction that include fines, up to five years’ imprisonment, or both.

Collective bargaining agreements applied to all workers in an industry, not just union members. Collective bargaining takes place at the enterprise and industry levels. At the enterprise level, work councils negotiate collective agreements, which become binding if approved by 50 percent of the workers in the bargaining unit. Industry-level bargaining takes place within the framework of the National Employment Councils (NECs). Unions representing at least 50 percent of the workers may bargain with the authorization of the minister of public service, labor, and social welfare. The law encourages the creation of employee-controlled workers’ committees in enterprises where less than 50 percent of workers are unionized. Workers’ committees existed in parallel with trade unions. Their role is to negotiate shop floor grievances, while that of the trade unions is to negotiate industry-level problems, notably wages. Trade unions regarded the existence of such a parallel body as an arrangement that allows employers to undermine the role of unions.

For a collective bargaining agreement to go into effect, the ministry must announce it, thus giving the minister the power to veto the agreement. The Labor Amendment Act expands the minister’s power to veto a collective bargaining agreement if the minister deems it to be “contrary to public interest.” Workers and employers at the enterprise level also may come to a binding agreement outside of the official framework. Despite this provision, the ministry could block indefinitely any collective bargaining agreement that was not announced officially.

Although the law does not permit national civil servants to bargain collectively, the Apex Council, a group of public service associations, represented civil servants in job-related negotiations with the Public Service Commission. The Apex Council, representing 14 government health-care unions, declared a strike on June 18 demanding that the government raise salaries to October 2018 levels, pay salaries in U.S. dollars, and provide adequate PPE in the wake of the COVID-19 pandemic. Likewise, the Progressive Teachers Union of Zimbabwe, the largest teachers union in the country, began a strike on September 21 to demand higher wages and adequate PPE. Nurses ultimately reached an agreement with the health services board on September 9 to end their strike. The agreement called for nurses to work two days a week to reduce exposure to COVID-19 and as a compromise regarding nurses’ salary demands. Vice President Chiwenga announced an end to flexible working conditions and a return to a five-day workweek for nurses on October 23. The teachers strike continued as of mid-November.

The Ministry of Public Service, Labor, and Social Welfare did not effectively enforce the laws. Penalties were not commensurate with those for other violations of civil rights. Those charged with violating the law were subject to lengthy administrative delays and appeals.

The government did not respect workers’ right to form or join unions, strike, and bargain collectively. Parliament enacted a bill establishing the Tripartite Negotiating Forum (TNF) in 2019 to formalize dialogue efforts among government, labor leaders, and employers to discuss social and economic policy and address worker demands. The forum met once during the year. The Zimbabwe Congress of Trade Unions (ZCTU) stated the TNF had done little to address its workers’ demands for wage increases and labor law reform, and the government showed little progress in supporting workers’ protections, fairness, and peaceful resolution of labor disputes.

Government interference with trade union activity was common. Police and state intelligence services regularly attended and monitored trade union activities such as meetings. Police or ZANU-PF supporters sometimes prevented unions from holding meetings with their members and carrying out organizational activities. In July the Zimbabwe Republic Police published a list of 14 prominent government critics wanted for questioning, including the presidents of the ZCTU and the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), regarding planned anticorruption demonstrations on July 31. In the lead-up to the planned protests, the ZCTU president accused state security agents of slashing his car tires and unsuccessfully trying to abduct his relatives. The ARTUZ president alleged armed suspects confronted occupants in his home and the home of a relative, demanding to know his whereabouts. Some union leaders remained in hiding as of December.

Although the law does not require unions to notify police of public gatherings, police demanded such notification. Under the law the government could fine and imprison union members for organizing an illegal strike.

When unions exercised their right to strike, the government often met their efforts with violence and excessive force. Police arrested three ARTUZ members following a June 22 protest in Masvingo to demand increased salaries paid in U.S. dollars. Police also arrested 13 nurses at Harare Central Hospital on July 6 and charged them with contravening COVID-19 lockdown regulations; photographs of police holding clubs and chasing uniformed nurses circulated widely on social media.

At the 108th session of the International Labor Organization’s (ILO) conference in 2019, the Committee on the Application of Standards noted concern regarding serious violations of fundamental rights by government security forces, including a clear pattern of intimidation, arrests, detentions, violence, and torture of union and opposition members. The committee also noted persistent allegations of violations of the rights of freedom of assembly of workers’ organizations. The committee urged the government to accept an ILO direct contacts mission to assess progress before the next conference. After initial resistance, the ILO persuaded the government to support a direct contacts mission, which was originally scheduled for May but was postponed due to COVID-19. Ultimately, however, the government did not accept the direct contacts mission.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, including by children, with exceptions for work for the national youth service and forced prison labor. Penalties were not commensurate with those for comparable crimes. The laws against forced labor were neither effectively nor sufficiently enforced. Forced labor occurred in agriculture, mining, street vending, and domestic servitude. The full extent of the problem was unknown.

The law does not clearly define human trafficking crimes and requires proof that traffickers transported victims, further limiting the number of crimes classified as human trafficking. The government made moderate advancements in efforts to combat human trafficking. The government adopted a national action plan to combat trafficking, and the government continued to investigate and prosecute traffickers, to train law enforcement and the judiciary, to identify and refer victims, and to conduct awareness-raising activities. Under a COVID-19 amnesty program to reduce prison populations, the government released a convicted human trafficker after serving only two years of a 20-year sentence.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law fully prohibits the worst forms of child labor. The law sets the minimum age for light work at age 12 and for apprenticeship at 16. The law declares void and unenforceable formal apprenticeship contracts entered into by children younger than age 18 without the assistance of a guardian. The law further states that no person younger than age 18 shall perform any work likely to jeopardize that person’s health, safety, or morals.

The Department of Social Welfare in the Ministry of Public Service, Labor, and Social Welfare is responsible for enforcing child labor laws, but the department did not effectively enforce these laws. Penalties were not commensurate with those for comparable serious crimes.

As a result of COVID-19’s negative impact on the economy and worsening economic conditions, more children worked to supplement family incomes. Children participated in hazardous activities or other worst forms of child labor in agriculture (including small-scale subsistence agriculture, sugarcane, and tobacco, the latter cited by NGOs as posing significantly adverse health effects for child workers), domestic services, prostitution, street begging, informal trading, and artisanal gold mining.

Working children often faced hazards to their health and safety and lacked necessary equipment and training. Working on farms exposed children to bad weather, dangerous chemicals, and the use of heavy machinery. Most children involved in mining worked for themselves, a family member, or someone in the community. Exposure to hazardous materials, particularly mercury, took place in the informal mining sector.

Some employers did not pay wages to child domestic workers, claiming they were assisting a child from a rural home by providing room and board. Some employers paid with goods instead of cash, while others paid the parents for a child’s work.

See the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment or occupational discrimination based on race, color, gender, tribe, political opinion, creed, place of origin, disability, HIV status, and pregnancy. The law does not expressly prohibit employment discrimination based on age, language, citizenship, social origin, sexual orientation, gender identity, or non-HIV-related communicable diseases. The government did not effectively enforce the law. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation (see section 6), and political affiliation for civil servants.

The constitution provides for the same legal status and rights for women as for men. Labor legislation prohibits sexual harassment in the workplace, and an employer may be held liable for civil remedies if found to be in violation of provisions against “unfair labor practices,” including sexual harassment. The law does not specify penalties for conviction of such violations. Women commonly faced sexual harassment in the workplace (see section 6).

It was unknown if there were formal complaints of wage discrimination filed with the Ministry of Public Service, Labor, and Social Welfare; however, women’s salaries lagged behind those of men in most sectors, and women faced discrimination on the basis of gender when seeking maternity leave provided for by law and other gender-based benefits. The government did not respond to international organizations’ requests for information on the criteria used to evaluate candidates for public-sector employment or the measures taken to ensure men and women receive equal remuneration for equal work and to monitor other gender disparities. Unions expressed their concern regarding wage disparity between management and employees.

There was a relative lack of women in decision-making positions, despite a constitutional requirement for equal representation of both men and women in all institutions and agencies of government at every level.

Employment discrimination against migrant workers occurred, especially those employed in the informal sector.

Persons with HIV, AIDS, and albinism faced discrimination in employment. Employers discriminated against members of minority ethnic groups whom they often perceived as opposition supporters. Persons with disabilities faced social and employment discrimination and lack of access to many workplaces. Members of trade unions and workers committees often perceived that adverse employment action targeted them and that workers feared the consequences of participating in trade unions or workers committees. LGBTI persons faced discrimination in employment. It was unknown whether there were official reports of discrimination against migrant laborers in the formal sector.

e. Acceptable Conditions of Work

Labor law does not differentiate among workers based on sector or industry. The labor law does not apply to the informal sector, which was estimated to include more than 90 percent of the labor force. The law applies to migrant laborers if they are in the formal sector.

The NECs set the minimum wage for all industrial sectors through a bipartite agreement between employers and labor unions. The minimum wage, when paid, seldom exceeded the poverty line due to the speed of inflation. Employers paid many agricultural and domestic workers below minimum wage. Many public servants earned salaries that put them below the poverty line due to rampant inflation and currency depreciation.

The law does not provide for a standard workweek, but it prescribes a minimum of one 24-hour continuous rest period per week. Unions and employers in each sector negotiate the maximum legal workweek. No worker may work more than 12 continuous hours. The law prescribes that workers receive not less than twice their standard remuneration for working on a public holiday or on their rest day. The law provides workers paid public holidays and annual leave upon one year of service with an employer. There was little or no enforcement of the work hours law, particularly for agricultural and domestic workers. Although workers were generally unlikely to complain to authorities of violations due to fear of losing their jobs, some exceptions occurred.

The Ministry of Public Service, Labor, and Social Welfare is responsible for enforcing the minimum wage and work hours laws for each sector. The government did not effectively enforce these laws. The number of labor inspectors was insufficient to enforce labor laws, including those covering children. The Zimbabwe Occupational Safety Council, a quasi-governmental advisory body to the National Social Security Authority, regulated working conditions. Staffing shortages, as well as its status as an advisory council, made it largely ineffective. The law permits unannounced inspections. Penalties for violations of wage or hours-of-work restrictions were not commensurate with penalties for comparable offenses. Penalties for occupational safety and health violations were inconsistent and fall within the jurisdiction of numerous ministries.

The government sets safety and health standards on an industry-specific basis. Occupational safety and health standards were up to date and appropriate for the main industries in the country. Although the law provides for workers to remove themselves from situations that endangered health or safety without jeopardy to their employment, poor health and safety standards in the workplace were common in both the formal and informal sectors due to lack of enforcement. Abuses by the management at certain Chinese-owned enterprises and companies were common, including reports of physical, sexual, and emotional abuse of workers; unsafe working conditions; underpayment or nonpayment of wages; unfair dismissal; and firing without notice. In February a group of local miners in Matabeleland South Province petitioned a labor court to protest their firing by their Chinese employer. In June the Chinese owner of a Gweru mine shot two employees after they confronted him about his failure to pay wages in U.S. dollars. The owner was arrested on two counts of attempted murder and granted bail of approximately $100; his case remained pending as of December 1.

While official statistics were not available, most work-related injuries and deaths occurred in the mining sector due to low investment in occupational safety and health, noncompliance with rules and regulations, and low levels of awareness of occupational safety and health matters. Due to the growth of the informal mining sector, artisanal miners, including children, had increased exposure to dangerous chemicals and environmental waste. A gold mine collapse killed two persons in February and was described as a common event by artisanal miners in the area. An estimated 1.5 million persons worked in or depended on artisanal mining, defined as mining activities carried out using low technology or with minimal machinery, according to the Zimbabwe Coalition on Debt and Development.