Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were numerous reports the government or its agents committed arbitrary or unlawful killings, including incidents that occurred while making arrests or holding persons in custody or during disputes with civilians. There were also reports of civilians killed during military operations in Sinai. Impunity was a problem.
There were instances of persons tortured to death and other allegations of killings in prisons and detention centers. The government charged, prosecuted, and convicted perpetrators in some cases.
Authorities charged two police officers with the death of Mohamed Abdel Hakim Mahmoud (aka Afroto) due to what government investigators described as beatings following his arrest on January 5. Following news of his death, local residents protested outside the police station, resulting in the arrest of 102 protesters. In February the court released at least 79 protesters on bail. On November 28, the Mokattam state security misdemeanor court sentenced 99 defendants to one year in prison. On November 11, a Cairo criminal court sentenced an assistant detective from the Mokattam police station to three years in prison and a police officer to six months in connection with Afroto’s death. According to press reports, the police officer convicted will not serve time in prison because he had already spent 10 months in remand detention, while the assistant detective will still serve three years in prison, excluding the time already served in remand. The verdict remained subject to appeal.
As of year’s end, an investigative team led by the Prosecutor General’s Office had not released conclusions of its investigation into the killing of Italian graduate student Giulio Regeni, who was found dead in 2016 with what forensics officials said were signs of torture. According to press reports, Italian prosecutors asked in December to investigate a number of Egyptian secret service agents suspected to be involved in Regeni’s death. Egyptian authorities denied this request. In November the Italian minister of foreign affairs summoned the Egyptian ambassador to Italy to prompt him to urge Egyptian authorities to act quickly to honor the commitment made at top political levels to hold accountable those responsible for Regeni’s killing.
There were reports of suspects killed in unclear circumstances during or after arrest. On March 27, according to press reports, Abdel Halim Mohamed El-Nahas died following a five-hour interrogation in Tora Prison. According to his cellmates’ statements to a local rights organization, he returned from the interrogation having lost his ability to speak or move and quickly died.
There were reports of groups of suspected terrorists and other suspected criminals killed during security raids conducted by security forces. The Interior Ministry said police officers fired at suspects only when suspects fired first. Rights groups argued these shootings might have amounted to extrajudicial killings. In some cases human rights organizations and media reported there was evidence that police detained suspects before killing them. In June authorities killed 10 persons and arrested two in raids across the country. Authorities said those killed were members of the Arm of Egypt Movement (HASM), who were involved in a March 24 attack on Alexandria’s security chief that killed two soldiers. On March 25, authorities killed six persons in operations related to the same attack, according to an official statement.
There were reports the Egyptian navy shot and killed fishermen from Gaza near the Egypt-Gaza maritime boundary. For example, on November 8, Gazan Mostafa Abu Audeh was allegedly shot and killed by Egyptian naval forces while he was fishing just off the coast of the Palestinian city of Rafah. According to press reports, the Egyptian military denied the reports. On February 8, the Court of Cassation upheld the 2015 appeals court verdict in the case of four police officers charged in the 2013 deaths of 37 Muslim Brotherhood (MB) detainees while transferring them to Abu Zaabal Prison near Cairo. Following a successful 2014 appeal of their convictions, in 2015 the appeals court reduced one officer’s sentence from 10 to five years, while maintaining the one-year suspended prison sentences for the three other officers.
At year’s end the government had not held accountable any individual or governmental body for state violence after 2013, including the deaths of hundreds of civilians during the 2013 dispersals of the sit-ins at Rabaa al-Adawiya Square in Cairo and Nahda Square in Giza. On July 25, parliament approved a law giving the president authority to immunize military commanders against prosecution for crimes committed between February 19, 2011 (suspension of the 1971 constitution) and January 23, 2012 (the seating of parliament) and between July 3, 2013 (suspension of the 2012 constitution) and January 1, 2016 (seating of the current parliament). They also have future immunity against prosecution for any crimes that may occur during the suspension of the present constitution and in the absence of a parliament.
Terrorist groups, including “Islamic State”-Sinai (formerly known as Ansar Bayt al-Maqdis), HASM, and Ajnad Misr, among others, conducted deadly attacks on government, civilian, and security targets throughout the country, including places of worship. There were no published official data on the number of victims of terrorist violence during the year. According to local media reports, terrorists killed hundreds of civilians throughout the country. As of April in Sinai alone, militant violence killed at least six civilians and 37 security force members, according to publicly available information. During the same period in Sinai, the government killed 225 terrorists, according to official public statements.
On March 24, a bomb placed under a car exploded as the motorcade of Alexandria’s director of security passed. The blast killed two police officers and injured at least four others. No party claimed responsibility, but the Ministry of Interior blamed HASM; authorities arrested and killed several persons they said had ties to the attack (see above).
On November 3, terrorists attacked a bus carrying Coptic Christian pilgrims to a monastery in Minya, killing seven and injuring at least seven others. ISIL-Sinai claimed responsibility for the attack. On November 4, the government reported that police in Minya killed 19 militants responsible for the attack in Assyut.
Several international and local human rights groups reported continuing large numbers of enforced disappearances, alleging authorities increasingly relied on this tactic to intimidate critics. According to a 2017 Amnesty International (AI) statement, security agents caused the disappearance of at least 1,700 persons since 2015. The Cairo-based NGO Egyptian Coordination for Rights and Freedoms (ECRF) documented 230 enforced disappearances between August 2017 and August.
Authorities also detained individuals without producing arrest or search warrants. According to ECRF, authorities detained many of these individuals in police stations or Central Security Forces’ camps, but they were not included in official registers. Authorities held detainees incommunicado and denied their requests to contact family members and lawyers. The length of disappearances documented by AI ranged from a few days to seven months. According to ECRF the organization received more than 10,000 reports of enforced disappearances since 2013, but it had only been able to document 1,520 due to resource constraints. According to government statements, in 2017 the National Council for Human Rights raised 110 cases of enforced disappearances with the Interior Ministry, which responded with information on 55.
According to local organizations and an AI report, on March 1, authorities arrested Ezzat Ghoneim, a human rights lawyer who worked on enforced disappearance cases for ECRF, while returning to his home from work. On March 4, he appeared before State Security Prosecution at which time authorities issued him a 15-day detention order on charges including joining an illegal group and publishing false news. Before his reappearance authorities filmed Ghoneim for an Interior Ministry video broadcast on March 16. The video labeled those who expressed opinions contrary to the state narrative as “terrorists” and claimed Ghoneim was a terrorist. On April 26, the UN Human Rights Council’s Working Group on Enforced or Involuntary Disappearances transmitted a prompt intervention letter concerning Ghoneim’s enforced disappearance. Ghoneim was later added to case 441/2018, which contains at least 13 activists, journalists, and researchers facing similar charges of spreading false news and joining a terrorist group. On September 4, a court ordered Ghoneim’s release on probation pending investigation, and security forces moved him from prison to a police station. On September 14, his family went to the police station to visit him, but security forces informed them he had been released, according to an AI report. His whereabouts remained unknown at the end of the year.
According to a 2016 AI report, authorities held many victims of forced disappearance at the National Security Sector Lazoughly Office. There were also reports that military authorities continued to hold civilians in secret at al-Azouly Prison inside al-Galaa Military Camp in Ismailia. Authorities did not charge the detainees with crimes or refer them to prosecutors or courts. They also prevented detainees’ access to their lawyers and families.
According to a 2018 annual report of the UN Human Rights Council’s Working Group on Enforced or Involuntary Disappearances, hundreds of disappearance cases were under the working group’s review. The report noted the working group’s “concern” that, despite the government’s engagement, relatively few cases were transmitted under its urgent action procedure during the reporting period of May 2016 through May 2017. As of December 2017, the working group had not received a response to its 2011 request to visit the country, which it renewed in January (see section 5).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution states that no torture, intimidation, coercion, or physical or moral harm shall be inflicted upon a person whose movements are restricted or whom authorities have detained or arrested. The penal code forbids torture to induce a confession from a detained or arrested suspect but does not account for mental or psychological abuse against persons whom authorities have not formally accused, or for abuse occurring for reasons other than securing a confession. The penal code also forbids all public officials or civil servants from “employing cruelty” or “causing bodily harm” under any circumstances.
Local rights organizations reported hundreds of incidents of torture throughout the year, including deaths that resulted from torture (see section 1.a.). According to domestic and international human rights organizations, police and prison guards resorted to torture to extract information from detainees, including minors. Reported techniques included beatings with fists, whips, rifle butts, and other objects; prolonged suspension by the limbs from a ceiling or door; electric shocks; sexual assault; and attacks by dogs. A June 2017 UN Committee against Torture report concluded that torture was a systematic practice in the country. Government officials denied the use of torture was systematic. According to Human Rights Watch (HRW) and local NGOs, torture was most common in police stations and other Interior Ministry detention sites. The local NGO al-Nadeem Center for Rehabilitation of Victims of Violence documented an average of 35 to 40 instances of torture per month. Authorities stated they did not sanction these abuses and, in some cases, prosecuted individual police officers for violating the law.
On May 7, AI released a report stating prisoners detained on politically motivated charges were held in prolonged and indefinite solitary confinement. The report also stated such prisoners were subjected to physical abuse, including beatings, lack of food, humiliation, and restricted movement–sometimes for years. In response the government denied widespread use of solitary confinement.
In an October 11 report, HRW alleged security forces detained Khaled Hassan on January 8 in Alexandria and held him incommunicado until bringing him before a military court in May. HRW reported Hassan was repeatedly tortured during his detention, including being raped twice. The government released a public response criticizing the report and stated there was no evidence of any wrongdoing by security officials. Hassan remained in detention pending trial at year’s end.
On June 25, prosecutors ordered the detention of the head of the investigations unit and his assistant pending investigations into the death of Ahmed Zalat while in police custody. On June 2, police arrested Zalat on charges of theft. On the evening of his arrest, authorities transferred him to a hospital where he was pronounced dead on arrival. Family members told press that Zalat’s body bore clear signs of torture. The case was referred to criminal court; the next session was scheduled for December 9.
Local rights groups and international NGOs reported authorities sometimes subjected individuals arrested on charges related to homosexuality to forced anal examinations (see section 6).
Prison and Detention Center Conditions
Conditions in the prisons and detention centers were harsh and potentially life threatening due to overcrowding, physical abuse, inadequate medical care, poor infrastructure, and poor ventilation.
Physical Conditions: According to domestic and international NGO observers, prison cells were overcrowded, and prisoners lacked adequate access to medical care, proper sanitation and ventilation, food, and potable water. Inmates often relied upon external visitors for food and other supplies or were forced to purchase those items from the prison canteen at significantly inflated prices, according to a September 28 Egyptian Initiative for Personal Rights report. Tuberculosis was widespread. Provisions for temperature control and lighting generally were inadequate. Reports that guards abuse prisoners, including juveniles, in adult facilities were common. Prison conditions for women were marginally better than those for men. Media reported that some prisoners protested conditions by going on hunger strikes.
Authorities did not always separate juveniles from adults and sometimes held pretrial detainees with convicted prisoners. Rights organizations alleged the illegal use of Central Security Forces camps as detention facilities.
The large number of arrests and the use of pretrial detention during the year exacerbated harsh conditions and overcrowding, contributing to the prevalence of deaths in prisons and detention centers. During 2017 the National Council for Human Rights (NCHR) reported police detention centers were at 150 percent of maximum capacity and that prisons were at 300 percent of maximum capacity. Health care in prisons was inadequate, leading to a large number of prisoner deaths due to possibly treatable natural causes. Human rights groups and the families of some deceased prisoners claimed that prison authorities denied prisoners access to potentially life-saving medical care and, in some cases, denied requests to transfer the prisoners to the hospital, leading to deaths in prison.
International NGOs continued to allege that journalist Hisham Gaafar’s health, including his eyesight, was deteriorating because prison authorities could not provide him necessary health care. Since 2015 authorities detained Gaafar on charges including membership in the MB and illegally receiving foreign funds for his foundation. According to HRW Gaafar suffered from a number of ailments that required continuing specialist care. On November 19, Cairo Criminal Court renewed the detention of Gaafar, pending investigations on charges of receiving funds from foreign agencies for “the purpose of harming national security” and belonging to “a banned group.”
On February 14, authorities arrested Abdel Moneim Aboul Fotouh, former presidential candidate and leader of the opposition party Strong Egypt, on charges of belonging to a banned group and spreading false news. According to rights groups and his family’s statements to the press, his health was deteriorating due to lack of access to adequate health care. Reportedly, Aboul Fotouh had at least one heart attack while in prison, was unable to walk unassisted due to back pain, and was held solitary confinement. On November 17, Cairo Criminal Court ordered that Abdel Moneim Aboul Fotouh remain in prison for an additional 45 days pending further investigations.
There were reports authorities sometimes segregated prisoners accused of crimes related to political or security issues separately from common criminals and subjected them to verbal or physical abuse and punitive solitary confinement. The retrial of imprisoned activist Ahmed Douma began in July, and the next hearing was scheduled for January 9, 2019. In 2015 authorities convicted Douma of several offenses, including assaulting police and military forces during clashes between protesters and police in 2011. In 2017 the Court of Cassation ordered a retrial of the case. Beginning with his arrest in 2015, authorities held Douma in solitary confinement for more than 1,200 days.
The law authorized prison officials to use force against prisoners who resisted orders.
Administration: The penal code provides for reasonable access to prisoners. According to NGO observers and relatives, the government sometimes prevented visitors’ access to detainees. Prisoners could request investigation of alleged inhumane conditions. NGO observers claimed, however, that prisoners sometimes were reluctant to do so due to fear of retribution from prison officials. The government investigated some, but not all, of these allegations. As required by law, the public prosecutor inspected prisons and detention centers.
Independent Monitoring: The government did not permit visits by nongovernmental observers but did permit some visits by the National Council for Women and Parliament’s Human Rights Committee to prisons and detention centers. The latter visited six prisons and 24 police stations with detention centers during the 2017-18 parliamentary term. The law formally recognizes the NCHR’s role in monitoring prisons, specifying that visits require notifying the prosecutor general in advance. The NCHR visited two prisons during the year. Authorities did not permit other human rights organizations to conduct prison visits.
d. Arbitrary Arrest or Detention
The constitution 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, but reported incidents of arbitrary arrests and detentions remained frequent, according to local and international rights groups. A December 10 report by the Arabic Network for Human Rights Information claimed that police refused to release for as long as months several defendants whom courts ordered released.
ROLE OF THE POLICE AND SECURITY APPARATUS
Civilian authorities maintained effective control over security forces. The government does not have effective mechanisms to investigate and punish abuse. Official impunity was a problem. Police investigative skills remained poor. Police did not investigate reported police abuses sufficiently, according to local and international human rights groups. The government investigated and prosecuted some, but not all, reports of abuse, and some prosecutions resulted in acquittals due to insufficient or contradictory evidence. The government frequently called for investigations of abuses by security forces, although these investigations rarely resulted in judicial punishment.
The primary security forces of the Interior Ministry are the Public Police and the Central Security Forces. The Public Police are responsible for law enforcement nationwide. The Central Security Forces provide security for infrastructure and key domestic and foreign officials, and are responsible for crowd control. The National Security Sector, which investigates counterterrorism and internal security threats, also reports to the minister of interior. The armed forces report to the minister of defense and are generally responsible for external defense, but they also have a mandate to “assist” police in protecting “vital public facilities,” including roads, bridges, railroads, power stations, and universities. Military personnel have arrest authority during “periods of significant turmoil.” The Border Guards Department of the Ministry of Defense is responsible for border control and includes members from the army and police. Single-mission law enforcement agencies, such as the Tourist and Antiquities Police and the Antinarcotics General Administration, also worked throughout the country.
The appeal of the retrial of a Central Security Forces officer previously convicted of killing secular activist Shaimaa el-Sabbagh at a peaceful demonstration in 2015 continued. In 2017 a Cairo Criminal Court sentenced him to 10 years in prison.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
For persons other than those apprehended in the process of committing a crime, the law requires that police act on the basis of a court-issued warrant issued either under the penal code or the code of military justice, both of which were in effect simultaneously; however, there were numerous reports of arrests without such a warrant.
Ordinary criminal courts and misdemeanor courts hear cases brought by the prosecutor general. Arrests under the penal code occurred openly and with warrants issued by a public prosecutor or judge. There was a functioning bail system, although some defendants claimed judges imposed unreasonably high bail.
Criminal defendants have the right to counsel promptly after arrest, and usually, but not always, authorities allowed access to family members. The court is obliged to provide a lawyer to indigent defendants. Nevertheless, defendants often faced administrative and, in some cases, political obstacles and could not secure regular access to lawyers or family visits. A prosecutor may order four days of preventative detention for individuals suspected of committing misdemeanors and 15 days for individuals suspected of committing felonies. The period of preventative detention is subject to renewal by the prosecutor for up to 60 days, in cases of both misdemeanors and felonies. On the 61st day, the prosecutor must submit a case to a relevant judge who may release the accused person or renew the detention in increments of 15 days (but no longer than 45 days at a time). Detention may extend from the stage of initial investigation through all stages of criminal judicial proceedings. Except in cases involving the death penalty or life imprisonment, the combined periods of prosecutor and court-ordered detentions may not exceed six months in cases of misdemeanors and 18 months in cases of felonies. After the detention reaches its legal limit without a conviction, authorities must release the accused person immediately. Legal experts offered conflicting interpretations of the law in cases in which convictions carry the death penalty or life imprisonment, with some arguing there is no time limit to court-ordered renewals of detention in such cases.
Charges involving the death penalty or life imprisonment sometimes could apply to cases related to demonstrations, such as blocking roads or demonstrating outside government buildings; as a result authorities might hold some appellants charged with nonviolent crimes indefinitely.
Arbitrary Arrest: The constitution prohibits arrest, search, or detention without a judicial warrant, except for those caught in the act of a crime. There were frequent reports of arbitrary arrest and detention. Local activists and rights groups stated that hundreds of arrests did not comply with due-process laws. For example, authorities did not charge the detainees with crimes or refer them to prosecutors and prevented access to their lawyers and families (see section 1.b.).
On August 23, security forces arrested political activist Sameh Saudi’s wife and two children, five and seven years old, at their home in Cairo when they did not find him, according to an AI report. Authorities arrested Saudi later that day and released his family.
Pretrial Detention: The government did not provide figures on the total number of pretrial detainees. Rights groups and the quasi-governmental NCHR alleged excessive use of pretrial detention and preventative detention during trials for nonviolent crimes. Authorities sometimes held pretrial detainees with convicted prisoners. Large backlogs in the criminal courts contributed to protracted periods of pretrial detention. Estimates of the number of pretrial and preventive detainees were unreliable. According to a 2016 report by the Egyptian Initiative for Personal Rights, almost 1,500 persons in four governorates remained in detention without bail for more than two years without a conviction and at various stages in the legal process. According to a 2015 report by the NCHR, citing Interior Ministry figures, at least 7,000 persons remained in detention without a conviction at various stages in the legal process on charges related to incidents after mid-2013, including approximately 300 “activists.” Most others were affiliated with the MB, according to the NCHR.
Authorities continued to hold Ola al-Qaradawi and her husband Hosam Khalaf, who were arrested in June 2017 while on vacation in Egypt. Al-Qaradawi was being held in solitary confinement in Cairo, had limited access to a lawyer, and had yet to be formally charged. In December, Khalaf received a visit from his father and sister. According to the family’s statements to the media and international NGOs, they were being investigated in connection with belonging to the MB and spreading information aimed at distorting Egypt’s image. On June 12, the UN Human Rights Council’s Working Group on Arbitrary Detention issued a report concluding that the arrest, detention, and imprisonment of Ola al-Qaradawi and her husband Hosam Khalaf was arbitrary. The report included information provided by the government responding to the allegation that the arrest was arbitrary.
On September 8, following more than five years of detention, a Cairo Criminal Court sentenced photojournalist Mahmoud Abu Zeid (known as Shawkan) to five years’ imprisonment. Authorities arrested him while he was taking pictures during the security forces’ dispersal of the MB sit-in at Rabaa al-Adawiya Square in Cairo. Authorities charged Shawkan and 739 other defendants with belonging to the MB, possessing firearms, and murder. The court sentenced 75 defendants to death, 47 to life in prison, 215 to 15 years in prison, 23 to 10 years, and 374 to five years’ imprisonment. Five defendants died during the course of the trial. Of the defendants, authorities tried 419 in their absence. As of November, no defendants were released, as in addition to the prison sentence, defendants were ordered to pay financial compensation for damages–estimated to be in the tens of millions of pounds–incurred to private and public properties, as well as a variety of vehicles belonging to security forces during the protest and its violent dispersal. According to press reports, the prosecution sought continued imprisonment of those due for release in lieu of financial compensation as the court has not settled on a final payment amount, and it assumed that, no matter its exact determination, those convicted will be unable collectively to gather the required amount for payment.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: According to the constitution, detainees have the right to challenge the legality of their detention before a court, which must decide if the detention is lawful within one week or otherwise immediately release the detainee. In practice authorities deprived some individuals of this right, according to international and local human rights groups.
Amnesty: The constitution gives the president the power to cancel or reduce a sentence after consulting with the cabinet. According to press reports, as of September the president had used this authority to grant clemency to more than 15,000 prisoners–generally debtors or those who had served more than one-half their sentences, including secular activists, student protesters, MB members, and others.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution prohibits such actions and provides for the privacy of the home, correspondence, telephone calls, and other means of communication. Nevertheless, there were reports that security agencies sometimes placed political activists, journalists, foreigners, and writers under surveillance; monitored their private communications; screened their correspondence, including email and social media accounts; examined their bank records; searched their persons and homes without judicial authorization; and confiscated personal property in an extrajudicial manner.
Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, albeit with some exceptions, including the handling of potential refugees and asylum seekers. 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, asylum seekers, stateless persons, and other persons of concern. Authorities maintained a “no-fly” list that prevented some defendants in court cases from fleeing the country.
Abuse of Migrants, Refugees, and Stateless Persons: Media, NGOs, and UNHCR staff reported multiple cases of attacks against refugees, particularly women and children. According to UNHCR, refugees sometimes reported harassment, sexual harassment, and discrimination. Refugee women and girls, particularly sub-Saharan Africans, faced the greatest risk of societal, sexual, and gender-based violence.
According to UNHCR and press reports, police security sweeps increased in neighborhoods known to house Syrian, Sudanese, and other African refugees, as well as migrants, resulting in increased detentions. Detainees reported authorities subjected them to verbal abuse and poor detention conditions.
In-country Movement: Citizens and foreigners may not travel freely in areas of the country designated as military zones. The government sought to prevent private individuals, journalists, civil society figures, and international organizations from entering North Sinai, stating it was to protect their safety, although it began organizing some supervised visits for journalists to North Sinai in July.
Foreign Travel: The constitution states, “No citizen may be prevented from leaving the State territory.”
Nonetheless, men who have not completed compulsory military service and have not obtained an exemption may not travel abroad or emigrate. National identification cards indicated completion of military service.
Authorities required citizens between ages 18 and 40 to obtain permission from the Interior Ministry to travel to 16 countries: Guinea, Indonesia, Iraq, Jordan, Lebanon, Libya, Malaysia, Qatar, South Africa, South Korea, Sudan, Syria, Thailand, Turkey, Georgia, and Yemen. Enforcement of these regulations was sporadic. The government stated it intended these regulations to make it more difficult for citizens to join terrorist groups and to stop flight of criminals. These regulations also affected the ability of other individuals to travel outside the country.
The government increasingly imposed travel bans on human rights defenders and political activists charged with offenses or under investigation. In 2016 Mada Masr reported there had been 554 cases of politically motivated banned entry and exit imposed by authorities in airports since 2011. Local human rights groups maintained authorities used travel bans to intimidate and silence human rights defenders, including individuals connected with NGOs facing investigation as part of the reopened NGO foreign-funding case. A September 4 court ruling stated a travel ban “does not require the investigation of certain facts and their certainty,” but there must be “serious evidence that there are reasons for it and that the decision to prevent travel is due to security reasons and the interests of the state.”
Democracy activist Esraa Abdel Fattah remained unable to depart the country. In 2015 authorities prevented Abdel Fattah from departing the country and informed her that authorities had issued a travel ban in her name. She filed a lawsuit to challenge the ban, but the court dismissed the suit. In September 2017 authorities referred a case regarding comments she made on social media for military prosecution. No further information on the case was available.
Exile: There was no government-imposed exile, and the constitution prohibits the government from expelling citizens or banning citizens from returning to the country. Some Mubarak- and Morsi-era politicians lived outside the country by choice and stated they faced government threats of prosecution.
PROTECTION OF REFUGEES
Refoulement: On November 8, authorities in Sudan announced criminal charges against an activist named Mohamed Boshi for espionage and crimes against the state, which carry the death penalty. On November 15, HRW released a report alleging that Egyptian authorities had detained Boshi on October 10, while he was in Egypt as an asylum seeker, held him incommunicado, and subsequently refouled him to Sudan. Human Rights Watch stated that Boshi’s family told them Sudanese security officials contacted them on October 13 to say he was in their custody.
Although the government often contacted UNHCR upon detaining unregistered migrants and asylum seekers, authorities reportedly sometimes encouraged unregistered detainees to choose to return to their countries of origin or a neighboring country to avoid continued detention, even in cases where the individuals expressed a fear of return. The number of these cases was unknown.
Compared with previous years, fewer Palestinian refugees from Syria entered the country illegally, intending to travel to Europe. In a number of cases, in the absence of valid travel documents or inability to confirm their identities, they faced more difficulties, including higher chances of detention or deportation.
Access to Asylum: The constitution provides for the protection of political refugees, but the laws do not provide for granting asylum or refugee status, and the government has not established a comprehensive legal regime for providing protection to refugees. The government granted UNHCR authority to make refugee status determinations. UNHCR does not register Libyan citizens; neither does it register nor assist Palestinian refugees in the country.
According to UNHCR, as of August 31, there were more than 235,000 registered refugees and asylum seekers in the country, coming mainly from Syria, as well as from Sudan, South Sudan, Ethiopia, Eritrea, and Yemen. Since 2017 the number of Syrian nationals registered as refugees has increased, although at a slower pace than in 2016. Observers attributed the increase to relaxed family reunification visa requirements, increased economic hardship faced by unregistered Syrians already residing in the country, young men attempting to avoid conscription in the national military or armed groups, and an increased fear of raids targeting unregistered migrants. Most Syrians continued to arrive by way of Sudan, which remained the only neighboring country to which Syrians could travel without visas. The number of African refugees also increased during the year, according to UNHCR, particularly among Ethiopian, Eritrean, and South Sudanese populations.
Starting in mid-2013, the government applied a system of visa and security clearance requirements for Syrian nationals and Palestinian refugees from Syria, thus assuring no direct entries from Syria since Egypt lacked consular services there. Following the UNHCR high commissioner’s visit in January 2017, the country relaxed its visa requirements for Syrians seeking family reunification.
Reports of irregular movements of individuals, including asylum seekers, and detention of foreign nationals attempting to depart the country irregularly via the Mediterranean remained low during the year, according to UNHCR, following parliament’s passage and enforcement of a law that dramatically increased patrols on the country’s Mediterranean coast in 2016.
UNHCR and its partners usually had regular access, by request, to detained registered refugees and asylum seekers along the north coast. Local rights groups faced continued resistance from the government when trying to interview detainees at Qanater men’s and women’s prisons outside Cairo, which housed the majority of detained refugees and asylum seekers. Authorities generally granted UNHCR access to asylum seekers at all prison and detention facilities. Authorities generally released asylum seekers registered with UNHCR, although frequently did not do so for detained migrants, many of whom were Ethiopian, Eritrean, Sudanese, and Somali (and may have had a basis for asylum claims). Detained migrants–as unregistered asylum seekers–did not have access to UNHCR. Authorities often held them in in police stations until UNHCR or other aid agencies assisted them, although sometimes authorities sent them to regular prisons alongside convicted criminals or deported them.
The government has never recognized UNHCR’s mandate to offer services to Palestinians outside of the fields of operations of the UN Relief and Works Agency, reportedly due to a belief that allowing UNHCR registration would negate Palestinian refugees’ alleged right of return. Approximately 2,900 Palestinian refugees from Syria were also present in the country, the majority reportedly in Cairo. The Palestinian Authority mission in the country provided limited assistance to this population, who were not able to access UNHCR assistance provided to Syrians due to governmental restrictions. The Swiss Red Cross also provided some humanitarian assistance to Palestinian refugees from Syria.
Employment: No law grants or prohibits refugees the right to work. Those seeking unauthorized employment were challenged by lack of jobs and societal discrimination, particularly against sub-Saharan Africans. Refugees who found work took low-paying jobs in the informal market, such as domestic servants, and were vulnerable to financial and sexual exploitation by employers.
Access to Basic Services: Refugees, in particular non-Arabic-speaking refugees from sub-Saharan Africa, received limited access to some services, including health care and public education. According to UNHCR refugees can fully access public-health services, although many do not have the resources to do so. The Interior Ministry restricted some international organizations seeking to assist migrants and refugees in Sinai. UNHCR was unaware of any migrants detained in Sinai since 2016. UNHCR provided some refugees with modest support for education and health care, as well as small monthly financial assistance grants for particularly vulnerable refugees. The International Organization for Migration provided additional assistance to particularly vulnerable migrants and individual asylum cases either rejected or being processed by UNHCR.
Refugee children not enrolled in public schools mainly attended refugee-run schools, private schools, or were home schooled. The law requires government hospitals to provide free emergency medical care to refugees, but many hospitals did not have adequate resources to do so. In some cases hospitals insisted that refugees provide payment in advance of receiving services or refused to provide services to refugees. In response to the influx of Syrians, the government allowed Syrian refugees and asylum seekers access to public education and health services. The Ministry of Education estimated that 35,000 school age Syrian children (approximately 90 percent) enrolled successfully in the public school system.
Most of the eight stateless persons known to UNHCR were Armenians displaced for more than 50 years. According to a local civil society organization, the number of stateless persons in the country was likely higher than the number recorded by UNHCR. The government and UNHCR lacked a mechanism for identifying stateless persons, including those of disputed Sudanese/South Sudanese nationality and those of disputed Ethiopian/Eritrean nationality. A majority of the approximately 70,000 Palestinian refugees were stateless.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape, prescribing penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal. The government did not effectively enforce the law. Civil society organizations reported police pressure not to pursue charges.
Domestic violence was a significant problem. The law does not prohibit domestic violence or spousal abuse, but authorities may apply provisions relating to assault with accompanying penalties. The law requires that an assault victim produce multiple eyewitnesses, a difficult condition for domestic abuse victims. Police often treated domestic violence as a social rather than criminal matter.
The Ministry of Social Solidarity supported eight women’s shelters. The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The National Council for Women (NCW), a quasi-governmental body, was responsible for coordinating government and civil society efforts to empower women. In 2015 the NCW launched a five-year National Strategy to Combat Violence Against Women with four strategic objectives: prevention, protection, intervention, and prosecution. An NCW study found that approximately 1.5 million women reported domestic violence each year.
On August 31, journalist May al-Shamy filed a complaint accusing the editor in chief of the newspaper Youm7 of sexually assaulting her physically, on several occasions in the preceding month. The prosecution suspended its investigation into the case on October 31 due to a lack of evidence. Shamy’s appeal to reopen the investigation was rejected on November 5.
On November 25, the Investment and International Cooperation Ministry launched a national initiative for combating violence against women. The initiative groups international and local partners to conduct an awareness campaign against sexual harassment in means of transportation, in addition to all other forms of violence against women.
Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but it remained a serious problem. According to the 2015 Egypt Health Issues Survey, published during 2016 by the Ministry of Health and Population, 70 percent of girls between ages 15 and 19 had undergone FGM/C, a decrease from 81 percent in 2008. In May authorities reportedly arrested a doctor from Sohag University Hospital for allegedly conducting FGM/C on a 12-year-old girl.
On June 1, the Egyptian body, Dar al-Iftaa, responsible for issuing Islamic fatwas, declared FGM forbidden in Islam. On November 25, the International Day for the Elimination of Violence against Women, the country’s grand mufti Shawqi Allam highlighted Dar al-Iftaa’s issuance of several fatwas confirming the rights of women and preventing FGM.
A 2016 amendment to the law designates FGM/C a felony, as opposed to a misdemeanor as it was previously, and assigns penalties for conviction of five to seven years’ imprisonment for practitioners who perform the procedure or 15 years if the practice led to death or “permanent deformity.” The law granted exceptions in cases of “medical necessity,” which rights groups and subject matter experts identified as a problematic loophole that allowed the practice to continue. According to international and local observers, the government did not effectively enforce the FGM/C law.
Other Harmful Traditional Practices: The law does not specifically address “honor” crimes, which authorities treated as any other crime. There were no reliable statistics regarding the incidence of killings and assaults motivated by “honor,” but local observers stated such killings occurred, particularly in rural areas.
Sexual Harassment: Sexual harassment remained a serious problem. The government claimed it prioritized efforts to address sexual harassment. The penal code defines sexual harassment as a crime, with penalties including fines and sentences of six months’ to five years’ imprisonment if convicted. Media and NGOs reported sexual harassment by police was also a problem, and the potential for further harassment further discouraged women from filing complaints.
Authorities arrested individuals who complained of their experience with sexual harassment online, including activist Amal Fathy and Lebanese tourist Mona el-Mazbouh (see section 2.a.).
On September 9, the Qasr al-Nil misdemeanor court sentenced a man to two years in prison for sexually harassing two women while they were walking in downtown Cairo. The man also was fined and received a three-month sentence for assault. Authorities acquitted a second man of the same charges. When police responded to the incident, the two men alleged the women had assaulted them, and authorities took all four into custody. Authorities held the women in detention for 10 hours until their lawyer assured that they would return them for questioning.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The constitution provides for equal rights for male and female citizens. Women did not enjoy the same legal rights and opportunities as men, and discrimination was widespread. Aspects of the law and traditional societal practices disadvantaged women in family, social, and economic life.
Women faced widespread societal discrimination, threats to their physical security, and workplace bias in favor of men that hindered their social and economic advancement.
By the end of the year, the Ministry of Interior had implemented a 2017 decree issued by the prime minister to include at least one female officer at every police station.
Laws affecting marriage and personal status generally corresponded to an individual’s religious group. A female Muslim citizen cannot legally marry a non-Muslim man. If she were to do so, authorities could charge her with adultery and consider her children illegitimate. Under the government’s interpretation of Islamic law, any children from such a marriage could be placed in the custody of a male Muslim guardian. Khula divorce allows a Muslim woman to obtain a divorce without her husband’s consent, provided she forgoes all her financial rights, including alimony, dowry, and other benefits. The Coptic Orthodox Church permits divorce only in rare circumstances, such as adultery or conversion of one spouse to another religion. Other Christian churches sometimes permitted divorce on a case-by-case basis.
The law follows sharia in matters of inheritance; therefore, a Muslim female heir generally receives one-half the amount of a male heir’s inheritance, and Christian widows of Muslims have no inheritance rights. A sole Muslim female heir receives one-half her parents’ estate, and the balance goes to the siblings of the parents or the children of the siblings if the siblings are deceased. A sole male heir inherits his parents’ entire estate.
In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually the woman accomplishes credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise.
Labor laws provide for equal rates of pay for equal work for men and women in the public but not the private sector. Educated women had employment opportunities, but social pressure against women pursuing a career was strong. Large sectors of the economy controlled by the military excluded women from high-level positions.
Birth Registration: Children derive citizenship through the citizenship of their parents. The mother or the father transmits citizenship and nationality. The government attempted to register all births soon after birth, but some citizens in remote and tribal areas, such as the Sinai Peninsula, resisted registration or could not document their citizenship. In some cases failure to register resulted in denial of public services, particularly in urban areas where most services required presentation of a national identification card.
Education: Education is compulsory, free, and universal until the ninth grade. The law provides this benefit to stateless persons and refugees. Public schools enrolled Syrian refugees, but they largely excluded refugees of other nationalities.
Child Abuse: The constitution stipulates the government shall protect children from all forms of violence, abuse, mistreatment, and commercial and sexual exploitation. According to a local rights group, authorities recorded hundreds of cases of alleged child abuse each month. No dedicated government institution addressed child abuse, although several civil society organizations assisted runaway and abandoned children.
On September 11, authorities began to investigate reports social workers at the Beni Suef orphanage sexually assaulted children. Beni Suef’s governor also ordered an investigation of the orphanage’s board of directors.
Rights organizations reported children faced mistreatment in detention, including torture, sharing cells with adults, denial of their right to counsel, and authorities’ failure to notify their families. In a November 20 report, AI alleged it had documented six instances of torture and 12 instances of enforced disappearances involving children since 2015. The State Information Service released a response denying the report. According to a local rights group, police sometimes charged street children with unsolved crimes to increase perceived police effectiveness.
According to human rights organizations, security forces detained 12-year-old Abdullah Boumedine Nasr al-Din, in his home in December 2017 and accused him of joining a terrorist group and planting explosives. He was then allegedly forcibly disappeared for seven months before being brought before the State Security Prosecution and interrogated without an attorney in July. Authorities then transferred him to Azbakeya Police Station in Cairo where he reportedly spent more than three months in solitary confinement as of October 30.
Early and Forced Marriage: The legal age of marriage is 18. According to UNICEF 17 percent of girls married before age 18, and 2 percent of girls were married by age 15. According to NCW statistics, nearly 36 percent of marriages in rural areas in the southern part of the country included a partner who was not yet age 18. Families reportedly sometimes forced adolescent girls to marry wealthy foreign men in what were known locally as “tourism” or “summer” marriages for the purpose of sexual exploitation, prostitution, or forced labor. According to the law, a foreign man who wants to marry an Egyptian woman more than 25 years younger than he is must pay a fine of LE 50,000 ($2,790). Women’s rights organizations argued that allowing foreign men to pay a fine to marry much younger women represented a form of trafficking and encouraged child marriage. They called on the government to eliminate the system altogether. The Antitrafficking Unit at the National Council for Childhood and Motherhood (NCCM), a governmental body, is responsible for raising awareness of the problem.
Sexual Exploitation of Children: The law provides for sentences of not less than five years’ imprisonment and fines of up to LE 200,000 ($11,150) for conviction of commercial sexual exploitation of children and child pornography. The government did not adequately enforce the law. The minimum age for consensual sex is age 18.
Displaced Children: The Central Agency for Public Mobilization and Statistics and the NCCM estimated the number of street children to be 16,000, while civil society organizations estimated the number to be in the millions. The ministry offered shelters to street children, but many chose not to use them because staff treated the children as if they were criminals, according to local rights groups. According to rights groups, the incidence of violence, prostitution, and drug dealing in these shelters was high. Religious institutions and NGOs provided services for street children, including meals, clothing, and literacy classes. The Ministry of Health and Population offered mobile health clinics staffed by nurses and social workers. The Ministry of Social Solidarity offered 17 mobile units in 10 governorates, which provided emergency services, including food and health care, to street children.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
The country’s Jewish community reportedly numbered fewer than eight individuals. There were a few reports of imams, who are appointed and paid by the government, using anti-Semitic rhetoric in their sermons.
Journalists and academics made statements on state-owned television endorsing conspiracy theories about Jewish domination of world media and economy. In a June interview on state-owned Channel Two, a university law professor argued, “Jews control the money and the media,” adding that they have a 50-year plan to reach Mecca and Medina. In May the chair of the Hebrew Language Department at Menoufia University claimed, “Israeli violence…is embedded in the Jewish genes” during a weekly show dedicated to Jews and Israel on state-owned television Channel Two.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution states persons with disabilities are equal without discrimination before the law. During the year the government passed a law prohibiting discrimination in education, employment, health, political activity, rehabilitation, training, and legal protection.
The law provides for persons with disabilities to gain access to vocational training and employment. Government policy sets a quota for employing persons with disabilities of 5 percent of workers with disabilities for companies with more than 50 employees. Authorities did not enforce the quota requirement, and companies often had persons with disabilities on their payroll to meet the quota without actually employing them. Government-operated treatment centers for persons with disabilities, especially children, were of poor quality.
The Ministries of Education and Social Solidarity share responsibility for protecting the rights of persons with disabilities. Persons with disabilities rode government-owned mass transit buses without charge, but the buses were not wheelchair accessible. Persons with disabilities received subsidies to purchase household products, wheelchairs, and prosthetic devices. Some children with disabilities attended schools with their nondisabled peers while others attended segregated schools. Some of the segregated institutions are informal schools run by NGOs.
The law prohibits discrimination on any grounds. Nevertheless, dark-skinned Egyptians and sub-Saharan Africans faced discrimination and harassment, as did Nubians from Upper Egypt.
According to the constitution, the state should make efforts to return Nubians to their original territories and develop such territories within 10 years of the constitution’s 2014 ratification.
In September 2017 security forces in Aswan arrested 25 Nubians who were participating in a protest to commemorate the 2011 detention of Nubians during a sit-in. The charges against them included protesting illegally and receiving funds from foreign sources. The death of one detainee while in custody triggered another protest in November 2017 by members of the Nubian community. Authorities reportedly arrested as many as 13 protesters at the event. A court ordered the original 24 detainees released; the next hearing for their case was scheduled for January 29. A State Security Misdemeanor Court acquitted seven defendants in the second case on October 28.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
While the law does not explicitly criminalize consensual same-sex sexual activity, it allows police to arrest LGBTI persons on charges such as “debauchery,” “prostitution,” and “violating the teachings of religion” and provides for prison sentences if convicted of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Authorities did not use antidiscrimination laws to protect LGBTI individuals. Legal discrimination and social stigma impeded LGBTI persons from organizing or advocating publicly in defense of their rights. Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. An October 2017 Supreme Media Council (a semigovernmental body) ban on media supporting LGBTI persons and their rights continued.
There were reports of arrests and harassment of LGBTI individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTI individuals or to avoid arrest. The government has the authority to deport or bar entry to the country of LGBTI foreigners.
There were credible reports that authorities used social media, dating websites, and cell phone apps to entrap persons they suspected of being gay or transgender, a method LGBTI advocates described as especially effective as LGBTI-friendly public spaces had largely closed during the past two years.
In January police in Alexandria arrested 10 men on charges related to debauchery and narcotics. Police reportedly stated one of the men rented an apartment for men “seeking pleasure from men.”
Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations. The law allows for conducting forced anal exams in cases of debauchery.
HIV and AIDS Social Stigma
HIV-positive individuals faced significant social stigma and discrimination in society and the workplace. The health-care system provided anonymous counseling and testing for HIV, free adult and pediatric antiretroviral therapy, and support groups.
Other Societal Violence or Discrimination
There were incidents of mob violence and vigilantism, particularly sectarian violence against Coptic Christian Egyptians. On July 9, a mob of Muslims attacked Copts’ homes in the village of Minbal after a Copt allegedly posted content on social media offensive to Islam. Following the violence police arrested more than 90 Muslims and charged them with forming a mob, attacking Copts’ homes, inciting sedition, and attacking the police. Police also arrested the Copt, Abdu Adel Ayad, alleged to have made the offensive social media post. All of those arrested were released by late July following a customary reconciliation session except for a defendant accused of instigating the attack.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were numerous reports that some government forces, including the PMF and Asayish, committed arbitrary or unlawful killings, as did ISIS and other terrorist groups (see section 1.g.). During the year the security situation remained unstable in some areas, due to: regular raids and attacks by ISIS and their affiliated cells, particularly in remote areas; sporadic fighting between the ISF and ISIS holdouts in remote areas; the presence of militias not fully under the control of the government, including certain PMF units, in many liberated areas; and sectarian, ethnic, and financially motivated violence. From January 1 to August 31, the UN Assistance Mission for Iraq (UNAMI) reported more than 700 civilians killed in the country.
Government security forces reportedly committed extrajudicial killings. The government rarely made public its identification and prosecution of specific perpetrators of abuses and atrocities. Human rights organizations reported that both Ministry of Interior and Ministry of Defense personnel tortured detainees to death. For example, Human Rights Watch (HRW) reported in August that at least three individuals died from torture in the Mosul police station and Faisaliya Prison in east Mosul. The August report details the experiences of “Mahmoud,” who reportedly was detained and tortured at Faisaliya Prison from January to May and who recounted the death of a cousin of another detainee named “Ammar.” “Mahmoud” reportedly heard screams as prison officers beat “Ammar’s” cousin unconscious on two consecutive nights. After the second night, “Mahmoud” recounted taking off the man’s clothes to care for him, finding he had two big bruises to his waist on either side, green bruises on his arms, and a long red burn down the length of his penis.
Security forces fired upon and beat demonstrators protesting unemployment and poor public services related to water and electricity in Basrah Governorate and elsewhere in southern Iraq between July and September. HRW reported that the security forces, largely from the Ministry of Interior, used excessive and unnecessary lethal force in controlling protests that at times turned violent. Nongovernmental organizations (NGOs) and media reported at least eight deaths related to the protests in July. On September 5, at least seven died in clashes with security forces during protests in Basrah. Some demonstrators also turned to violence and set fire to government buildings, the Iranian Consulate, and the offices of pro-Iran militias and political parties. Local and international human rights organizations accused ISF, including Asaib Ahl al-Haq (AAH) PMF units, of using excessive force, including live ammunition, against the protesters and called for the government to conduct an investigation into the deaths and violence during the protests.
In response to the protests, Prime Minister Abadi dismissed the head of Basrah’s military operations. As of October, the government had not reported any progress in investigating the killing of the protesters.
In 2017 the Office of the Prime Minister announced the establishment of a committee to investigate allegations of ISF abuse during the operation to retake Mosul from ISIS. It stated the government had arrested, and planned to prosecute, several ISF officers. HRW reported in April that the government disposed of evidence of a potential war crime committed against members of ISIS, removing an estimated 80 bodies from a damaged house in Mosul and burning the house. HRW added that at least one of the bodies appeared to have its legs bound, that there was no indication that the government was collecting evidence, and that government officials refused to tell its researchers where they were taking the bodies. As of October the government had not published specific information on judicial proceedings against any members of the security forces.
Human rights organizations reported that Iran-aligned PMF militia groups engaged in killing, kidnapping, and extortion throughout the country, particularly in ethnically and religiously mixed governorates. Media reported that in April members of the Peace Brigades PMF militia and Federal Police killed Brigadier General Shareef Ismaeel al-Murshidi, a brigade commander whose forces were tasked with protecting the prime minister and Baghdad’s Green Zone, as well as two of his guards at a PMF checkpoint in Samarra, Salah al-Din Governorate. Media reported in August that members of the Banu al-Khazraj tribe in Dujail, Salah al-Din Governorate, alleged that AAH kidnapped and killed three tribal sheikhs in August the week after clashes between the two groups.
Civil society activists said Iran-aligned militias, specifically AAH, were also responsible for several attacks against prominent women. Human rights organizations reported that militia groups and their supporters posted threats on social media against specific female activists participating in protests in Basrah in September, and on September 25, activist Suad al-Ali was shot and killed in Basrah. Human rights activists stated they believed AAH was responsible, although police were also investigating the woman’s former husband. On September 27, armed gunmen shot and killed Iraqi social media star and model Tara Fares in Baghdad. Civil society groups said they believed an Iran-aligned militia, most likely AAH, killed Fares as well as the owners of three beauty centers in August and October (see section 6, Women).
Terrorist violence continued throughout the year, including ISIS attacks (see section 1.g.).
Unlawful killings by unidentified gunmen and politically motivated violence frequently occurred throughout the country. For example, in May police reported two unknown masked gunmen killed three people in a drive-by shooting in Basrah, and unidentified attackers shot and killed the mayor of Hammam al-Alil, near Mosul, as he left his home.
Ethnic and sectarian-based fighting continued in mixed governorates, although at lower rates than in 2017. While minority advocacy groups reported threats and attacks targeting their communities, it was difficult to categorize many incidents as based solely on ethnic or religious identity because religion, politics, and ethnicity were often closely linked.
On July 23, three gunmen, whom KRG authorities said had links to a terrorist group, forcibly entered a government building in central Erbil and killed a Christian employee. Authorities stated they believed the attackers, whom police eventually killed, targeted the victim because of his religion.
There were frequent reports of enforced disappearances by or on behalf of government forces, including ISF, Federal Police, PMF, Peshmerga, and Asayish, as well as by nongovernment militias and criminal groups. ISIS, however, was responsible for most attributable disappearances. The International Commission on Missing Persons estimated 250,000 to a million persons remained missing from decades of conflict and human rights abuses.
Many suspected members of ISIS and individuals close to them were among those subject to forced disappearance. In April Amnesty International alleged that government forces (both central government and KRG) were responsible for the forced disappearance of thousands of men and boys since 2014. Amnesty reported that, in and around Mosul, the majority of arbitrary arrests and enforced disappearances originated at screening sites near battle front lines overseen by government forces, including the ISF, PMF, and Peshmerga, and lacked safeguards and due process. A September HRW report documented 74 specific cases of men and four additional cases of boys reportedly forcibly disappeared by government forces between April 2014 and October 2017. HRW attributed responsibility for 28 disappearances to the Iran-aligned terrorist PMF group Kata’ib Hezbollah (KH), 14 to the “Prime Minister’s Special Forces,” and 12 to the National Security Service (NSS).
In its September report, HRW detailed a case in which a man from al-Qaim said his sons’ wives told him that KH detained his sons at al-Razzazza checkpoint in Karbala Governorate in 2016 as they were traveling with their families to Baghdad. The man said KH released the women but provided no reason for detaining the two men, who remained missing.
Individuals, militias, and organized criminal groups carried out abductions and kidnappings for personal gain or for political or sectarian reasons. Media reported that on June 8, unknown gunmen reportedly abducted a retired army officer who was working in the market in Mahaweel, Babil Governorate.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit such practices, neither defines the types of conduct that constitute torture, and the law gives judges full discretion to determine whether a defendant’s confession is admissible. There were numerous reports that government officials employed torture and other cruel, inhuman, or degrading treatment or punishment, and that courts routinely accepted forced confessions as evidence, which was often the only evidence in ISIS-related counterterrorism cases.
As in previous years, there were credible reports that government forces, including Federal Police, NSS, PMF, and Asayish, abused and tortured individuals–particularly Sunni Arabs–during arrest, pretrial detention, and after conviction. Former prisoners, detainees, and international human rights organizations documented cases of torture and other cruel, inhuman, or degrading treatment or punishment in Ministry of Interior-run facilities and to a lesser extent in Ministry of Defense-run detention facilities, as well as in facilities under KRG control.
In an August report, HRW documented details of torture and other cruel, inhuman, or degrading treatment or punishment of detainees in custody in facilities run by the Ministry of Interior in the Mosul area. These included the Mosul police office and the Intelligence and Counter-Terrorism Office’s Faisaliya Prison in east Mosul as well as Qayyarah Prison, which reportedly consisted of a group of three abandoned and dilapidated houses south of Mosul. According to HRW, one interviewee reportedly witnessed or experienced repeated torture during interrogations at Faisaliya Prison from January to May, including: hanging from the hands bound behind the back; beatings with plastic and metal pipes and cables, including on the soles of the feet; burning of the penis and testicles with a hot metal ruler; hanging by a hook and tying a one-quart water bottle to the penis; and kneeling with the hands tied together behind the back. The May report also cited a man who reportedly saw other men returning from interrogations with physical signs of abuse during his year in detention at Qayyarah and Faisaliya Prisons. HRW stated the government’s failure to investigate the reports properly led to a culture of impunity among security forces. In September the government reported it had started an investigation committee to look into the accusations.
Denial of access to medical treatment was also a problem. Local human rights organizations reported that government forces in Basrah Governorate prevented hospitals from treating people injured in protests against the government in September.
In May a video circulated among local human rights civil society organizations (CSOs) in which Rayan al-Kildani, leader of the Iran-aligned Babylon Brigade PMF group, cut off the ear of a handcuffed detainee.
Instances of abusive interrogation also reportedly occurred in some detention facilities of the KRG’s Asayish internal security unit and the intelligence services of the major political parties–the Kurdistan Democratic Party’s (KDP) Parastin, and the Patriotic Union of Kurdistan’s (PUK) Zanyari. According to local and international human rights organizations, mistreatment of prisoners and detainees in the KRG typically occurred before their arrival at official detention facilities.
The Independent Human Rights Commission of the Kurdistan Region (IHRCKR) reported in September that the KRG held 56 boys in an Erbil juvenile detention facility on ISIS-related accusations, of whom 42 were convicted of crimes and 14 were still awaiting trial. Most of the boys alleged both PMF and KRG security forces subjected them to various forms of abuse, including beatings. In August, HRW reported that virtually all of the abuse alleged by these boys occurred between their arrest and their arrival at long-term detention facilities, rather than at the detention facilities themselves.
Prison and Detention Center Conditions
Prison and detention center conditions were harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care.
Physical Conditions: Overcrowding in government-run prisons was a systemic problem exacerbated by an increase in the number of alleged ISIS members detained during the year. In addition three of the 24 correctional facilities managed by the Iraqi Corrections Service, the government entity with legal authority to hold persons after conviction, were not operational due to the security situation.
Al-Nasiriyah Central Prison, also known as al-Hoot Prison, in Dhi Qar Governorate, was designed to hold 2,400 prisoners, but Iraq High Commission for Human Rights (IHCHR) observers reported in July that the prison held approximately 9,000 prisoners.
Overcrowding exacerbated corruption among some police officers and prison administrators, who reportedly took bribes to reduce or drop charges, cut sentences, or release prisoners early.
Authorities separated detainees from convicts in most cases. Prisoners facing terrorism charges were isolated from the general detainee population and were more likely to remain in Ministry of Interior or Ministry of Defense detention for longer periods.
Although the government held most juvenile pretrial detainees and convicts in facilities operated by the Ministry of Labor and Social Affairs, there were reports that Ministry of Justice-administered prisons, Ministry of Interior police stations, and other Ministry of Interior detention facilities held some juveniles in separate facilities or mixed with adult prisoners.
The Ministry of Justice reported there were no accommodations for inmates with disabilities, and a previously announced ministry initiative to establish facilities for such detainees was not fully implemented as of August.
Inmates in government-run prisons and detention centers often lacked adequate food, potable water, sanitation, ventilation, lighting, and medical care. Some detention facilities did not have an onsite pharmacy or infirmary, and authorities reported that even when they existed, pharmacies were often undersupplied and government officers reportedly withheld medication or medical care from prisoners and detainees. Women’s prisons often lacked adequate child-care facilities for inmates’ children, whom the law permits to remain with their mothers until age four. Limited and aging infrastructure worsened sanitation, limited access to potable water, and led to preparation of poor-quality food in many prison facilities. Authorities reportedly kept prisoners confined in their cells for long periods without an opportunity for exercise or use of showers or sanitary facilities.
HRW reported in July that NSS admitted detaining more than 400 individuals (many unlawfully) in a secret detention facility in east Mosul. The facility was a two-story house next to the NSS office in al-Shurta neighborhood. There appeared to be no legal mandate for this facility, and its existence previously was denied. After being detained there in April, Faisel Jeber told HRW that he was one of almost 80 detainees in a room 13 feet by 16 and a half feet with one window and a small ventilator. According to Jeber, half the prisoners were standing and the other half sitting because there was not enough room for everyone to sit at the same time. Jeber said that on his first night, someone died from torture and another had an epileptic seizure but received no medical attention. Some bribed guards to communicate with their families indirectly, but reportedly no one was allowed a family visit even after two years in detention. HRW reported conditions in al-Shurta were similar to facilities in Qayyarah and Hammam al-Alil, facilities HRW visited in 2017.
According to UNAMI the KRG’s newer detention facilities in major cities were well maintained, although conditions remained poor in many smaller detention centers operated by the KRG Ministry of Interior. In some KRG Asayish detention centers and police-run jails, KRG authorities occasionally held juveniles in the same cells as adults. An IHRCKR report stated that authorities housed more than 40 minors, with ages ranging from six months to 12 years, in Erbil prisons with their convicted mothers, as of November. UNICEF funded a separate annex to the prison for these minors, but they continued to lack access to education. After reports of poor quality food in prisons, the mayor of Erbil replaced the companies contracted to provide food services in Erbil prisons and ensured new contracts included strict quality standards.
Administration: The central government reported it took steps to address allegations of mistreatment in central government facilities, but the extent of these steps was not known. Several human rights organizations stated that the country’s judges frequently failed to investigate credible allegations that security forces tortured terrorism suspects and often convicted defendants based (often solely) on allegedly coerced confessions.
Prison and detention center authorities reportedly sometimes delayed the release of exonerated detainees or inmates due to lack of prisoner registration or other bureaucratic issues, or they extorted bribes from prisoners for release at the end of their sentence. International and local human rights groups reported that authorities in numerous instances denied family visits to detainees and convicts. Guards allegedly often demanded bribes or beat detainees when detainees asked to call their relatives or legal counsel. A Ninewa Governorate official said PMF released arrestees and detainees suspected of having ISIS ties after they paid bribes.
The KRG had no uniform policy for addressing allegations of abuse by KRG Ministry of Interior officers or the Asayish. In a March report on prison conditions across the IKR, the IHRCKR stated some prisons failed to maintain basic standards and to safeguard the human rights of prisoners. The report emphasized the need for new buildings and for laws to protect the rights and safety of inmates, such as separating drug dealers and drug users. In May, seven inmates were killed and 18 injured in a fire set during a riot inside Zarka Prison in Duhok Governorate.
Independent Monitoring: Iraqi Corrections Service prisons allowed regular visits by independent nongovernmental observers. The International Committee of the Red Cross (ICRC) reported the Ministries of Justice, Interior, Defense, and Labor and Social Affairs largely permitted them access to prisons and detention facilities. Authorities also granted UNAMI access to Ministry of Justice prisons and detention facilities in Baghdad. There were reports of some institutional interference in prison visits, and in some cases institutions required advance notification to wardens and prison officials for outside monitor visits. The government denied the existence of some secret detention centers but admitted the existence of an NSS detention center in al-Shurta, east Mosul, despite previous denials, and permitted monitoring of a replacement facility.
The KRG generally allowed international human rights NGOs and intergovernmental organizations to visit convicted prisoners and pretrial detainees, but occasionally authorities delayed or denied access to some individuals, usually in cases involving terrorism. The United Nations and the ICRC had regular access to IKR prisons and detention facilities. Local CSO Kurdistan Human Rights Watch (KHRW) reported that, although they were previously able to access any IKR prison without notice, they increasingly had to request permission in advance to gain access. They usually received permission, but typically at a higher rate and more quickly at Ministry of Social Affairs prisons than those run by the Asayish. KHRW also stated the Asayish sometimes denied holding prisoners to avoid granting independent organizations access to them. KHRW stated in July they had evidence that two Kurdish youth arrested in March on suspicion of drug trafficking remained in Asayish custody without trial, but Asayish authorities denied any knowledge of their cases.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Despite such protections, there were numerous reports of arbitrary arrests and detentions, predominantly of Sunni Arabs, including IDPs.
ROLE OF THE POLICE AND SECURITY APPARATUS
Numerous domestic security forces operated throughout the country. The regular armed forces and domestic law enforcement bodies maintained order within the country. The PMF, a state-sponsored umbrella military organization composed of approximately 60 militia groups, operated throughout the country. Some PMF groups, however, such as AAH and KH, often appeared to operate independently from Iraqi authorities and answer to Iranian authorities. They sometimes undertook operations independent of political leaders or military commanders and discounted the authority of commanders during sanctioned operations. Most PMF units were Shia Arab, reflecting the demographics of the country. Shia Arab militia operated across the country, while Sunni Arab, Yezidi, Christian, and other minority PMF units generally operated within or near their home regions. The Peshmerga, including militias of the KDP and PUK, maintained order in the IKR.
The ISF consists of security forces administratively organized within the Ministries of Interior and Defense, the PMF, and the Counterterrorism Service. The Ministry of Interior is responsible for domestic law enforcement and maintenance of order; it oversees the Federal Police, Provincial Police, Facilities Protection Service, Civil Defense, and Department of Border Enforcement. Energy police, under the Ministry of Oil, are responsible for providing infrastructure protection. Conventional military forces under the Ministry of Defense are responsible for the defense of the country but also carry out counterterrorism and internal security operations in conjunction with the Ministry of Interior. The Counterterrorism Service reports directly to the prime minister and oversees the Counterterrorism Command, an organization that includes three brigades of special operations forces. The NSS intelligence agency also reports directly to the prime minister.
In March the prime minister issued a decree formalizing inclusion of the PMF in the security forces, granting them equivalent salaries and subjecting them to military service laws. While limited by law to operations in the country, in some cases units reportedly supported the Assad regime in Syria, acting independently of the Iraqi government’s authority. The government did not recognize these fighters as PMF even if their organizations were part of the PMF. All PMF units officially report to the national security advisor and are under the authority of the prime minister, but several units in practice were also responsive to Iran and Iran’s Islamic Revolutionary Guard Corps. The prime minister, national security advisor, and ISF did not demonstrate consistent command and control over all PMF activities, particularly units aligned with Iran. Actions by disparate PMF units exacerbated security challenges and sectarian tensions, especially in diverse areas of the country such as Ninewa and Kirkuk Governorates.
The two main Kurdish political parties, the KDP and the PUK, each maintained an independent security apparatus. Under the federal constitution, the KRG has the right to maintain internal security forces, but the PUK and KDP separately controlled additional Peshmerga units. The KDP and PUK likewise maintained separate Asayish internal security services and separate intelligence services, nominally under the KRG Ministry of Interior.
KRG forces detained suspects in areas the regional government controlled. Poorly defined administrative boundaries and disputed territories between the IKR and the rest of the country led to confusion over the jurisdiction of security forces and the courts.
Government forces made limited efforts to prevent or respond to societal violence, including ethnosectarian violence that continued to flare in Kirkuk and Ninewa Governorates during the year.
Civilian authorities did not maintain effective control over some elements of the security forces, particularly certain Iran-aligned PMF units. Impunity was a problem. There were reports of torture and abuse throughout the country in facilities used by the Ministries of Interior and Defense, as well as PMF groups and the NSS. According to international human rights organizations, abuse took place primarily during detainee interrogations while in pretrial detention. Other problems persisted, including corruption, within the country’s provincial police forces. The military and Federal Police recruited and deployed soldiers and police officers on a nationwide basis, leading to complaints from local communities that members of the army and police were abusive because of ethnosectarian differences.
Investigators in the Ministry of Interior’s office of the inspector general were responsible for conducting investigations into human rights abuses by security forces, with a preliminary report due within 30 days. The minister of interior or the prime minister can also order investigations into high-profile allegations of human rights abuses, as occurred following reports of ISF abuses during September protests in Basrah. The government rarely made the results of investigations public or punished those responsible for human rights abuses.
The IHRCKR routinely notified the Kurdistan Ministry of Interior when it received credible reports of police human rights violations. The KRG High Committee to Evaluate and Respond to International Reports reviewed charges of Peshmerga abuses, largely against IDPs, and exculpated them in public reports, but human rights organizations questioned the credibility of those investigations.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law prohibits the arrest or remand of individuals, except by order of a competent judge or court or as established by the code of criminal procedures. The law requires authorities to register the detainee’s name, place of detention, reason for detention, and legal basis for detention within 24 hours of the detention–a period that may be extended to a maximum of 72 hours in most cases. For offenses punishable by death, authorities may legally detain the defendant as long as necessary to complete the judicial process. The Ministry of Justice is responsible for updating and managing these registers. The law requires the Ministries of Defense and Interior and the NSS to establish guidelines for commanders in battlefield situations to register detainees’ details in this central register. The law also prohibits any entity, other than legally competent authorities, to detain any person.
Human rights organizations reported that government forces, including the ISF, Federal Police, NSS, PMF, Peshmerga, and Asayish, frequently ignored the law. Local media and human rights groups reported that authorities arrested suspects in security sweeps without warrants, particularly under the antiterrorism law, and frequently held such detainees for prolonged periods without charge or registration. The government periodically released detainees, usually after concluding that it lacked sufficient evidence for the courts to convict them, but many others remained in detention pending review of other outstanding charges. In July HRW reported that the NSS admitted detaining more than 400 individuals (many arbitrarily or unlawfully) for prolonged periods up to two years, despite not having a legal mandate to do so (see section 1.c.).
According to NGOs, detainees and prisoners whom the judiciary ordered released sometimes faced delays from the Ministry of Interior or other ministries to clear their record of other pending charges and release them from prison.
The law allows release on bond for criminal (but not security) detainees. Authorities rarely released detainees on bail. The law provides for judges to appoint paid counsel for the indigent. Attorneys appointed to represent detainees frequently complained that insufficient access to their clients hampered adequate attorney-client consultation. In many cases, detainees were not able to meet their attorneys until their scheduled trial date. There were numerous reports that defendants did not have access to legal representation during the investigation phase, appointed lawyers lacked sufficient time to prepare a defense, and that courts failed to investigate claims of torture while in detention.
In a July report, private defense attorneys told HRW that in terrorism cases they never seek permission to represent their clients at the initial investigative hearing out of concern that security forces and judges at the investigative court would label them “ISIS lawyers,” subjecting them to arrest. They instead wait for the court to appoint a lawyer and only step in after the case is transferred to the felony court, where the risk of harassment and threats is significantly lower. Private defense attorneys did not represent any of the terrorism defendants in the 18 felony trials HRW observed in Baghdad and Ninewa, and the state-appointed defense attorneys reportedly did not actively mount a defense or seek investigations into torture claims. A member of Iraq’s Bar Association in Baghdad told HRW that the government pays state-appointed defense attorneys 25,000 Iraqi dinars ($21) per case, regardless of the amount of time they spend, giving lawyers no incentive to meet their client before the investigative hearing, study the case file, or continue to represent them in subsequent hearings. Lawyers said this lack of representation leaves defendants more vulnerable to abuse.
Government forces held many terrorism-related suspects incommunicado without an arrest warrant and transported detainees to undisclosed detention facilities (see section 1.b.).
Arbitrary Arrest: There were numerous reports of arbitrary or unlawful detention by government forces, including ISF, Federal Police, NSS, PMF, Peshmerga, and Asayish. There were no reliable statistics available regarding the number of such acts or the length of detentions. Authorities often failed to notify family members of the arrest or location of detention, resulting in incommunicado detention if not enforced disappearance (see section 1.b.). Humanitarian organizations also reported that, in many instances, central government forces did not inform detainees of the reasons for their detention or the charges against them. Most reports of arbitrary or unlawful detention involved suspected members or supporters of ISIS and their associates and family members. Individuals arbitrarily or unlawfully detained were predominantly Sunni Arabs, including IDPs. There were reports of Iran-aligned PMF groups also arbitrarily or unlawfully detaining Kurds and Turkmen in Kirkuk and Christians and other minorities in western Ninewa and the Ninewa Plain. A Ninewa-based CSO reported that the proliferation of intelligence, police, and security agencies, including the PMF, making arrests in Mosul complicated the ability of detainees’ families to determine which agencies held their relatives. There were also reports that security forces beat suspects, destroyed their houses, and confiscated property and food rations during operations to detain those with tenuous family ties to ISIS.
A September HRW report detailed the experiences of a man who reportedly was arbitrarily detained by KH for four months in 2014 and whose son remained missing. The man said that he, his son, and their taxi driver were arrested by KH at a checkpoint in Hilla and held for three days in a nearby house used as an unofficial detention center. KH reportedly released the driver but accused the man and his son of being sympathetic to ISIS. The man described how KH frequently beat him and his son with sticks, metal cables, and their hands. KH reportedly moved the two men to a larger unofficial detention facility where they met 64 other detainees, most belonging to the same tribe. After more than four months in squalid conditions, the man said KH dumped him and two older men on a Baghdad highway after a doctor who visited them told KH the men would likely die. The man stated that, as far as he knows, the same facility still held his son.
Pretrial Detention: The Ministries of Justice, Defense, Interior, and Labor and Social Affairs are authorized by law to hold pretrial detainees, as is the NSS in limited circumstances for a brief period. Lengthy pretrial detentions without due process or judicial action were a systemic problem, particularly for those accused of having ties to ISIS. There were no independently verified statistics, however, concerning the number of pretrial detainees in central government facilities, the approximate percentage of the prison and detainee population in pretrial detention, or the average length of time held.
The lack of judicial review resulted from several factors, including a large number of detainees, undocumented detentions, slow processing of criminal investigations, an insufficient number of judges and trained judicial personnel, authorities’ inability or reluctance to use bail or other conditions of release, lack of information sharing, bribery, and corruption. Overcrowding of pretrial detainees remained a problem in many detention centers.
Lengthy pretrial detentions were particularly common in areas liberated from ISIS, where the large number of ISIS-related detainees and use of makeshift facilities led to significant overcrowding and inadequate services. There were reports of both detention beyond judicial release dates and unlawful releases. The destruction of official detention facilities in the war against ISIS led to the use of temporary facilities; for example, the Ministry of Interior reportedly held detainees in homes rented from local residents in Ninewa Governorate.
The government did not publish comprehensive statistics on the status of the more than 1,400 non-Iraqi women and children it detained during military operations in Tal Afar, Ninewa Governorate, in August 2017. In February and June HRW reported problems relating to the detention and trial of those foreign women and children.
Authorities reportedly held numerous detainees without trial for months or years after arrest, particularly those detained under the antiterrorism law. Authorities sometimes held detainees incommunicado, without access to defense counsel, presentation before a judge, or arraignment on formal charges within the legally mandated period. Authorities reportedly detained spouses and other family members of fugitives–mostly Sunni Arabs wanted on terrorism charges–to compel their surrender.
KRG authorities also reportedly held detainees for extensive periods in pretrial detention. According to IKR judicial officials, IKR law permits extension of pretrial detention of up to six months under court supervision. According to local CSOs and the IHRCKR, however, some detainees were held more than six months without trial, and the IHRCKR was tracking the cases of four detainees held for at least four years.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution and law grant detainees the right to a prompt judicial determination on the legality of their detention and the right to prompt release. Despite the 2016 reform law concerning rights of detainees, NGOs widely reported that detainees had limited ability to challenge the lawfulness of detention before a court and that a bribe was often necessary to get charges dropped unlawfully or gain release from arbitrary detention. While a constitutional right, the law does not allow for compensation for a person found to have been unlawfully detained.
Amnesty: In December 2017 the Iraqi Kurdistan Parliament (IKP) issued an amnesty reducing the sentence of prisoners on death row to 15 years in prison, except in cases of terrorism, threatening national security, or killing women in so-called honor killings. While some NGOs protested that such a crosscutting amnesty undermined the justice system, the IHRCKR said that the IKP consulted them and incorporated all of the commission’s recommendations for the law.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution and law prohibit such actions, but there were numerous reports that the government failed to respect these prohibitions.
Government forces often entered homes without judicial or other appropriate authorization.
There were numerous reports that government forces and local authorities punished family members of suspected ISIS members and supporters. In some instances local community leaders reportedly threatened to evict these family members from their homes forcibly, bulldoze the homes, and either injure or kill these relatives. International NGOs stated that PMF groups forcibly displaced hundreds of families, destroyed or confiscated some of their homes, forced some parents to leave their children, stole livestock, and beat some of the displaced persons. There were also regular reports of government forces, particularly the PMF but also the Federal Police and local police, refusing to allow IDPs to return to their homes, sometimes despite the IDPs having the necessary security clearances from the government allowing them to do so.
Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution and law provides for the freedom of internal movement, foreign travel, emigration, and repatriation, but the government did not consistently respect these rights. In some instances authorities restricted movements of displaced persons, and authorities did not allow some IDP camp residents to depart without specific permission, thereby limiting access to livelihoods, education, and services. Many parts of the country liberated from ISIS control suffered from movement restrictions due to checkpoints of PMF units and other government forces. In other instances local authorities did not always recognize security permits of returnees nor comply with the central government’s orders to facilitate, but not force, returns.
The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. The government did not have effective systems to assist all of these individuals, largely due to funding shortfalls and lack of capacity. Successful efforts by the government to regain control of areas previously held by ISIS allowed many returns to take place. Returnees, however, grappled with the destruction of homes, lack of services and livelihoods, and continued concerns for security due to the prevalence of PMF groups that, in some cases, led to secondary displacement.
Security considerations, unexploded ordnance, destruction of infrastructure, and official and unofficial restrictions sometimes limited humanitarian access to IDP communities. Insecurity caused by the presence of ISIS and PMF groups hindered the movement of international staff of humanitarian organizations, restricting their ability to monitor programs for a portion of the year.
In-country Movement: The law permits security forces to restrict in-country movement pursuant to a warrant, impose curfews, cordon off and search areas, and take other necessary security and military measures in response to security threats and attacks. There were numerous reports that government forces, including the ISF, Peshmerga, and the PMF, selectively enforced regulations, including for ethnosectarian reasons, requiring residency permits to limit entry of persons into areas under their control.
During the year the ISF decreased the number of checkpoints in many parts of the country.
Humanitarian agencies frequently reported evictions of IDPs from camps and informal displacement sites due to closures and consolidations, which reportedly were often not coordinated with humanitarian actors and which caused some sudden, involuntary displacements. Some political actors promoted camp closures in advance of May parliamentary elections, and authorities reportedly used coercive measures during eviction notifications. IDP camp managers reported government officials did not always give IDPs at closed camps the choice of returning to their areas of origin or displacement to another site. Some families in camps near Baghdad expressed a desire to integrate locally, having found informal employment, but local government authorities reportedly denied requests.
There were numerous reports that IDPs, particularly those suspected of ISIS affiliation, faced hostility from local government officials and populations, as well as expulsion. In liberated areas of Anbar, Duhok, Kirkuk, Ninewa, and Salah al-Din Governorates, humanitarian agencies reported movement restrictions for families with relatives suspected of ISIS affiliation. In June, HRW reported government forces blocked the return of IDPs with suspected ISIS affiliation in Anbar, even though they had obtained permission from camp security forces and were returning to areas of origin with government transportation. Tribal leaders and humanitarian actors reported that fabricated accusations of ISIS affiliation led to stigmatization of IDPs and de facto restrictions on in-country movement. They also expressed concerns of collective punishment against certain communities for their perceived ties to ISIS. For example, according to UNHCR, 150 returnee families faced discrimination in Rutba, Anbar Governorate, based on their perceived ISIS affiliation. Tribal pacts called for punishing false accusations of ISIS affiliation, but they also prohibited legal defense for those affiliated with ISIS. IDPs were also often the targets of stigmatization or discrimination because of familial rivalries or economic reasons, rather than affiliation with ISIS. Anbar authorities reportedly made efforts to stop these practices and to work toward post-ISIS reconciliation.
Multiple international NGOs reported that PMF units and Peshmerga prevented civilians, including Sunni Arabs and ethnic and religious minorities, from returning to their homes after government forces ousted ISIS (see section 6, National/Racial/Ethnic Minorities and Other Societal Violence or Discrimination). For example, UNHCR reported that local armed groups barred returns to certain areas of Baiji, Salah al-Din Governorate. Similarly, Christian CSOs reported that certain PMF groups, including the 30th Shabak Brigade, prevented Christian IDP returns and harassed Christian returnees in several towns in the Ninewa Plain, including Bartalla and Qaraqosh.
There were reports some PMF groups harassed or threatened civilians fleeing conflict zones or returning to liberated areas and targeted civilians with threats, intimidation, physical violence, abduction, destruction or confiscation of property, and killing.
Syrian refugees continued to have restrictions on residence and movement outside the IKR.
KRG and central government forces closed roads and restricted movement in disputed territories between the central government and the IKR. For example, Peshmerga, ISF, and PMF checkpoints closed many roads from KRG-controlled territory to central government-controlled areas, including the roads from Erbil to Kirkuk, Duhok to Sinjar, Badria to Mosul, al-Qosh to Tal Kayf, Sheikhan to Mosul, and Hawler to Mosul. The closure of these roads hampered the return home of IDPs, slowed economic recovery in areas affected by ISIS, and separated populations from access to schools, medical facilities, and markets. By November all but the Duhok-Sinjar road had been opened for civilian traffic.
The KRG restricted movement across the areas it administered. Authorities required nonresidents to obtain permits that authorized limited stays in the IKR. These permits were generally renewable. Citizens who sought to obtain residency permits for KRG-controlled areas required sponsorship from a resident in the region. Humanitarian actors described the sponsorship program as effective in enabling the return of thousands of IDPs. Citizens of all ethnosectarian backgrounds, including Kurds, crossing into the IKR from central or southern regions were obligated to cross through checkpoints and undergo personal and vehicle inspection. The government imposed similar restrictions on IDPs from Ninewa Governorate and the disputed territories.
KRG authorities applied restrictions more stringently in some areas than in others. The United Nations and international humanitarian organizations stated that restrictiveness of entry for IDPs and refugees seeking to return depended upon the ethnosectarian background of the displaced individuals and the area to which they intended to return. There were also reports that authorities sometimes closed checkpoints into the region for extended periods, forcing IDPs to wait. Officials prevented individuals whom they deemed security threats from entering the region. KRG officials generally admitted minority IDPs into the IKR, although security checks reportedly were lengthy on occasion. Entry reportedly was often more difficult for men, particularly Arab men traveling without family.
Foreign Travel: The government required exit permits for citizens leaving the country, but the requirement was not routinely enforced.
INTERNALLY DISPLACED PERSONS (IDPS)
According to the IOM Displacement Tracking Matrix, fewer than 1.9 million persons remained internally displaced in the country as of October, predominantly in Erbil, Duhok, and Ninewa Governorates. Almost 4.1 million persons had returned to areas of origin across the country since those areas were liberated from ISIS. In August the IOM reported 12 percent of IDPs lived in shelter arrangements that did not meet minimal safety or security standards, 29 percent lived in IDP camps and settlements, and 48 percent resided in private accommodations, including host family residences, hotels, motels, and rental housing.
The constitution and national policy on displacement address IDP rights, but few laws specifically do so. The government and international organizations, including UN agencies and local and international NGOs, provided protection and other assistance to IDPs. Humanitarian actors provided support for formal IDP camps and implemented community-based services for IDPs residing outside of camps to limit strain on host community resources. In December 2017 the United Nations lowered the designation of the country’s humanitarian crisis from a level three to a level two emergency.
In March the government and the United Nations jointly announced the Government’s Plan for Relief, Shelter and Stabilization of Displaced People and the Humanitarian Response Plan (HRP). The government’s plan strengthened the provision of legal protection to IDPs, provided relief items and services in camps, and supported safe returns. The HRP outlined the projects and funding required to meet the needs of 3.4 million of the most vulnerable persons in Iraq and included provisions for protection. It also strengthened mechanisms with government authorities to support voluntary, safe, and sustainable returns of IDPs.
In some areas violence, insecurity, and long-standing political, tribal and ethnosectarian tensions hampered progress on national reconciliation and political reform, complicating the protection environment for IDPs. The government forced large numbers of IDPs to return to their places of origin to vote in parliamentary elections in May. Thousands of families faced secondary displacement due to economic and security concerns. Forced displacements, combined with unresolved problems caused by the uprooting of millions of Iraqis in past decades, strained the capacity of local authorities.
Some government forces, including PMF, reportedly forcibly displaced individuals due to perceived ISIS affiliation or for ethnosectarian reasons. For example, HRW reported that in January government forces, including the PMF, forcibly displaced at least 235 families of people with alleged ties to ISIS and sent them to IDP camps in Kirkuk Governorate. In a report published in February, individuals interviewed by HRW said local police working in the camp confiscated their identity papers and prevented them from leaving.
Government assistance focused on financial grants, but payments were sporadic. Faced with large movements of IDPs across the country, the government provided food, water, and financial assistance to many, but not all IDPs, including in the IKR. Many IDPs lived in informal settlements without access to adequate water, sanitation, or other essential services. The UN Education Cluster reported that out-of-camp IDP populations had the poorest school attendance and highest dropout rates amongst IDPs, refugees, and host communities. The UN Education Cluster also found displaced children in out-of-camp settings lacked civil documents at higher rates than those in camps.
All citizens were eligible to receive food under the Public Distribution System (PDS), but authorities implemented the PDS sporadically and irregularly, with limited access in recently liberated areas. Authorities did not distribute all commodities each month, and not all IDPs could access the PDS in each governorate. Low oil prices reduced government revenues and further limited funds available for the PDS. There were reports of IDPs losing access and entitlement to PDS distributions and other services due to requirements that citizens could only redeem PDS rations or other services at their registered place of residence.
Throughout the year UNICEF criticized Ministry of Education decisions in January and April to close some IDP schools in the IKR. In August the IHCHR called on the central government’s Ministry of Heath to resume deliveries of food and medicine to the IDP camps in the IKR.
Local authorities often determined whether IDPs would have access to local services. Through the provision of legal aid, the United Nations and other humanitarian organizations assisted IDPs in obtaining documentation and registering with authorities to improve access to services and entitlements. Humanitarian agencies reported some IDPs faced difficulty with registration due to lack of required civil documentation and administrative delays. Many citizens who previously lived in ISIS-controlled areas did not have civil documents, increasing the difficulty of obtaining identification and other personal documents.
Households with perceived ties to ISIS faced stigma and were at increased risk of being deprived of their basic rights, as reported by Amnesty in April. Government officials frequently denied security clearances for displaced households with a perceived ISIS affiliation to return to areas of origin. Because of this perceived affiliation, these households faced challenges in obtaining civil documentation and had limited freedom of movement, including to seek medical treatment, due to the risk of arrest or inability to reenter the camp. Humanitarian organizations reported that female heads of household in multiple IDP camps struggled to obtain permission to move and were subject to verbal and physical harassment, including rape and sexual assault and exploitation, by government forces and camp residents.
IKR-based NGOs documented numerous cases of women forced by ISIS to marry fighters who became widows with children, but lacked marriage and birth certificates required to obtain legal documentation for their children. These women and children were stigmatized because of their association with ISIS, leaving them at heightened risk of suicide, retaliation, and sexual exploitation. Honor killings remained a risk, although some communities issued edicts and took steps to absolve women of any perceived guilt associated with their sexual exploitation by ISIS fighters. Communities generally did not accept children born to ISIS fighters, however, and they were frequently abandoned or placed in orphanages, as reported by Yezidi NGOs and media.
Central government authorities and governors took steps to close or consolidate camps, sometimes in an effort to force IDPs to return to their areas of origin. In many cases forced returns from camps resulted in secondary or tertiary displacement, often to out-of-camp settings. Reuters reported that between November 2017 and January ISF forcibly returned between 2,400 and 5,000 IDPs from camps in Amriyat al-Falluja, Anbar Governorate. Aid workers told media that military trucks arrived at camps unannounced and commanders read out lists of people, who had one hour to pack their belongings and go. Reuters reported in January that five camp residents said they were forced to leave by ISF but had to turn back because checkpoints manned by Iranian-aligned PMF units demanded bribes of up to approximately 500,000 Iraqi dinars ($419) to let people through, a sum none could afford.
Humanitarian organizations regularly criticized the government for returning IDPs to unsafe areas. In January, Reuters detailed the experiences of Saleh Ahmed, whose family ISF evicted from a camp in Amriyat al-Falluja, Anbar Governorate, in November 2017 and forced to return to their home town of Betaya. Ahmed reportedly refused because contacts at home told them the area was filled with booby traps left by ISIS and that their houses had been destroyed, but a local commander assured them the area was safe. Upon return an explosive went off, killing Ahmed’s wife, burning his daughter over much of her body, and injuring Ahmed.
IDPs returning to towns and areas in the Ninewa Plain reported that ISIS had destroyed temples, houses of worship, cemeteries, and schools. Local authorities reported that, as of September 18, more than 7,400 Christian families from a pre-ISIS population of 19,000 families had returned to the Ninewa Plain, compared with only 200 as of September 2017. Christian IDPs and returnees in villages and towns in the Ninewa Plain under PMF control reported the PMF imposed arbitrary checkpoints and detained civilians without legal authority to do so. West Mosul, Ninewa Governorate, along with the historically Christian town of Batnaya north of Mosul, remained in ruins and almost completely uninhabited. Most Christian IDPs refused to return to the nearby town of Tal Kayf, citing fear of the PMF 50th Babylon Brigade that occupied it. According to a June report by the Yezidi NGO Nadia’s Initiative, more than 64,000 persons out of a precrisis population of more than 126,000 had returned to the eight collectives in north Sinjar, Ninewa Governorate. Southern Sinjar remained in ruins and almost uninhabited.
PROTECTION OF REFUGEES
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. Syrians made up the vast majority of the refugee population, and almost all refugees resided in the IKR. The government generally cooperated with UNHCR and other humanitarian organizations to provide protection and assistance to refugees in the country.
Employment: Refugees and asylum seekers are legally entitled to work in the private sector. Palestinian refugees, however, faced job insecurity in the public sector due to their ambiguous legal status; the government did not recognize their refugee status nor allow them to obtain citizenship. Syrian refugees were able to obtain and renew residency and work permits both in refugee camps and in the IKR, although not in the rest of the country. Authorities arrested refugees with IKR residence permits who sought work outside of the region and returned them to the IKR. A UNHCR survey of Syrian refugees in the IKR between April and June showed that 83 percent of the refugee families had at least one family member regularly employed in some form of livelihood activity.
Durable Solutions: There was no large-scale resettlement or integration of refugees in central and southern Iraq. Ethnic Kurdish refugees from Syria, Turkey, and Iran generally integrated well in the IKR, although economic hardship reportedly plagued families and prevented some children, especially Syrians, from enrolling in formal school. For the 2018/19 school year, the KRG Ministry of Education began teaching all first- and second-grade classes for Syrian refugees outside refugee camps in Sorani Kurdish in Erbil and Sulaimaniya Governorates and Badini Kurdish in Duhok Governorate instead of the dialects of Kurmanji Kurdish spoken by Syrian Kurds, while offering optional instruction in Sorani and Badini to those inside refugee camps.
UNHCR estimated there were more than 47,000 stateless individuals in the country as of August.
Absent a countrywide, consistent plan to document children of Iraqi mothers and ISIS fathers, some of those children are at risk of statelessness. The government enforced a law requiring any non-Muslim women who bore children of Muslim men to register children as Muslim, no matter the circumstances of the child’s conception or the mother’s religion. The Yezidi community frequently welcomed back Yezidi women but not Muslim children fathered by ISIS fighters. The Yezidi community frequently forced women to give up such babies and minor children to orphanages under threat of expulsion from the community. The ICRC provided shelter referrals to some Yezidi women and, in some cases, assisted mothers in finding forcibly abandoned children. As a result, some such children are without parents, identification, clear country of birth, or settled nationality.
As of 2006, the latest year for which data was available, an estimated 54,500 “Bidoun” (stateless) individuals, living as nomads in the desert in or near the southern governorates of Basrah, Dhi Qar, and Qadisiyah, remained undocumented and stateless descendants of individuals who never received Iraqi citizenship upon the state’s founding. Prolonged drought in the south of the country forced many individuals from these communities to migrate to city centers, where most obtained identification documents and gained access to food rations and other social benefits. Other communities similarly at risk of statelessness included the country’s Romani (Dom) population; the Ahwazi, who are Shia Arabs of Iranian descent; the Baha’i religious minority; inhabitants of the southern marshlands; members of the Goyan and Omariya Turkish Kurdish tribes near Mosul; and nationals of South Sudan.
Stateless persons faced discrimination in employment and access to education. Many stateless persons were not able to register for identity cards, which prevented them from enrolling in public school, registering marriages, and gaining access to some government services. Stateless individuals also faced difficulty obtaining public-sector employment and lacked job security.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape and sexual assault of women, men, and children, but not specifically spousal rape, and permits a sentence not exceeding 15 years, or life imprisonment if the victim dies. The rape provisions of the law do not define, clarify, or otherwise describe “consent,” leaving the term up to judicial interpretation. The law requires authorities to drop a rape case if the perpetrator marries the victim, with a provision protecting against divorce within the first three years of marriage. The victim’s family sometimes agreed to this arrangement to avoid the social stigma attached to rape. There were no reliable estimates of the incidence of rape or information on the effectiveness of government enforcement of the law.
Humanitarian protection experts assessed that conditions in IDP camps were highly conducive to sexual exploitation and abuse. Amnesty reported in April that women in IDP camps with alleged ties to ISIS were particularly vulnerable to abuse, including rape by government forces and other IDPs (see sections 1.c. and 2.d.).
Although the constitution prohibits “all forms of violence and abuse in the family,” the law does not specifically prohibit domestic violence but stipulates that men may discipline their wives and children “within certain limits prescribed by law or by custom.” The law provided reduced sentences for violence or killing if the perpetrator had “honorable motives” or if the perpetrator caught his wife or female relative in the act of adultery or sex outside of marriage. Domestic violence remained a pervasive problem.
The government made some progress on implementation of its 2016 joint communique with UNAMI on the Prevention and Response to Conflict-related Sexual Violence in 2016, but human rights organizations reported that the criminal justice system was often unable to provide adequate protection for women.
Likewise, NGOs reported that the government made minimal progress in implementing UN Security Council Resolution 1325 on women, peace, and security despite an implementation plan launched in 2016. The KRG High Council of Women’s Affairs reported that neither the central government nor the KRG had allocated a budget for implementing this resolution.
Harassment of legal personnel who sought to pursue domestic violence cases under laws criminalizing assault, as well as a lack of trained police and judicial personnel, further hampered efforts to prosecute perpetrators.
The government and KRG also struggled to address the physical and mental trauma endured by women who lived under ISIS rule. In September, UNHCR reported almost 30 suicides, most by Yezidi women, in six IDP camps in Duhok Governorate since the beginning of the year, a number UNHCR believed to be underreported.
While the law does not explicitly prohibit NGOs from running shelters for victims of gender-based crimes, the law allows the Ministry of Labor and Social Affairs to determine if a shelter may remain open, and the ministry did not do so. As a result, only the Ministry could operate shelters in central government-controlled territory. NGOs that operated unofficial shelters faced legal penalties for operating such shelters without a license (see section 5). NGOs reported that communities often viewed the shelters as brothels and asked the government to close them; on occasion, shelters were subject to attacks. In order to appease community concerns, the ministry regularly closed shelters, only to allow them to reopen in another location later.
The Ministry of Interior maintained 16 family protection units under police authority around the country, located in separate buildings at police stations around the country, designed to resolve domestic disputes and establish safe refuges for victims of sexual or gender-based violence. These units reportedly tended to prioritize family reconciliation over victim protection and lacked the capacity to support victims. NGOs stated that victims of domestic violence feared approaching the family protection units because they suspected that police would inform their families of their testimony. Amnesty’s April report details similar concerns from women in IDP camps. Some tribal leaders in the south reportedly banned their members from seeking redress through police family protection units, claiming domestic abuse was a family matter. The family protection units in most locations did not operate shelters.
In December the BBC visited secret shelters for domestic violence victims in the country, reporting a call for help from one woman who claimed to be imprisoned in Mosul, Ninewa Governorate, by family members and physically abused on a daily basis during a three-year period.
KRG law criminalizes domestic violence, including physical and psychological abuse, threats of violence, and spousal rape. The KRG implemented the provisions of the law and maintained a special police force to investigate cases of gender-based violence and a family reconciliation committee within the judicial system, but local NGOs reported that these programs were not effective at combating gender-based violence.
In the IKR one privately operated shelter and four KRG Ministry of Labor and Social Affairs-operated shelters provided some protection and assistance for female victims of gender-based violence and human trafficking. Space reportedly was limited, and service delivery reportedly was poor. NGOs played a key role in providing services, including legal aid, to victims of domestic violence, who often received no assistance from the government. Instead of using legal remedies, authorities frequently mediated between women and their families so that the women could return to their homes. Other than marrying or returning to their families, which often resulted in further victimization by the family or community, there were few options for women accommodated at shelters.
As of September authorities reported more than 3,200 Yezidis, mainly women and children, remained in ISIS captivity, where they were subject to sexual slavery and exploitation, forced marriage, and other abuses.
Female Genital Mutilation/Cutting (FGM/C): NGOs and the KRG reported the practice of FGM/C persisted in the IKR, particularly in rural areas of Erbil, Sulaimaniyah, and Kirkuk Governorates, and among refugee communities, despite a ban on the practice in IKR law. Rates of FGM/C, however, reportedly continued to decline. FGM/C was not common outside the IKR.
A 2016 study (the most recent data available) by UNHCR, the KRG, and the international NGO Heartland Alliance, found almost 45 percent of women surveyed had been subject to FGM/C in the IKR, a decrease from previous years. NGOs attributed the reduction in FGM/C to the criminalization of the practice and sustained public outreach activities. For example, in April media reported on the efforts of activists like Kurdistan Rasul, a victim of FGM/C who encouraged men and women in IKR villages to end the practice.
Other Harmful Traditional Practices: The law permitted honor as a lawful defense in violence against women, and so-called honor killings remained a serious problem throughout the country. A provision of the law limits a sentence for conviction of murder to a maximum of three years in prison if a man is on trial for killing his wife, girlfriend, or a female dependent due to suspicion that the victim was committing adultery or sex outside of marriage. UNAMI reported that several hundred women died each year from honor killings. Some families reportedly arranged honor killings to appear as suicides.
In August media reported that a bridegroom returned his bride to her parents the day after their wedding, complaining that she was not a virgin. A family member then reportedly beat her to death. Media reported that police arrested a male relative, but the motive remained a subject of public debate as of November.
During the year the KRG began prosecuting murders of women, including by honor killings, as homicides, meaning culprits convicted of honor killings were subject to penalties up to and including the death penalty. The KRG Ministry of Interior Directorate General of Combating Violence against Women confirmed that sentences in such cases sometimes reached 20 years. The ministry reported 14 cases of honor killings occurred in the IKR during the year, as of September.
There were reports that women and girls were sexually exploited through so-called temporary marriages, under which a man gives the family of the girl or woman dowry money in exchange for permission to “marry” her for a specified period. Destitute IDP families living in camps reportedly were especially vulnerable to this type of exploitation, as detailed in an April Amnesty report. NGOs reported some families opted to marry off their underage daughters in exchange for dowry money, believing the marriage was genuine, only to have the girl returned to them, sometimes pregnant, only months later.
Government officials and international and local NGOs also reported that the traditional practice of fasliya, whereby family members, including women and children, are traded to settle tribal disputes, remained a problem, particularly in southern governorates.
Sexual Harassment: The law prohibits sexual relations outside marriage, including sexual harassment. Penalties include fines of up to only 30 dinars (2.5 cents) or imprisonment or both not to exceed three months for a first-time offender. The law provides relief from penalties if unmarried participants marry. The law prohibits sexual harassment in the workplace. No information was available regarding the effectiveness of government enforcement, but penalties were very low. In most areas there were few or no publicly provided women’s shelters, information, support hotlines, and little or no sensitivity training for police. Refugees and IDPs reported regular sexual harassment, both in camps and cities in the IKR.
In the absence of shelters, authorities often detained or imprisoned sexual harassment victims for their own protection. Some women, without alternatives, became homeless.
Female political candidates suffered harassment online and on social media, including posting of, often fake, nude or salacious photos and videos meant to harm their campaigns (see section 3).
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization by government authorities. Unlike previous years, there were no reports of coerced abortion by ISIS or other armed groups of pregnancies of Yezidi captive women.
Discrimination: The Council of Ministers’ Iraqi Women Empowerment Directorate is the lead government body on women’s issues. Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Criminal, family, religious, personal status, labor, and inheritance laws discriminate against women. Women experienced discrimination in such areas as marriage, divorce, child custody, employment, pay, owning or managing businesses or property, education, the judicial process, and housing.
For example, in a court of law, a woman’s testimony is worth half that of a man in some cases and is equal in other cases. The law generally permits women to initiate divorce proceedings against their spouses, but the law does not entitle a divorced woman to alimony other than child support or two years financial maintenance in some cases; in other cases the woman must return all or part of her dowry or otherwise pay a sum of money to the husband. Under the law the father is the guardian of the children, but a divorced mother may be granted custody of her children until age 10, extendable by a court up to age 15, at which time the child may choose with which parent he or she wishes to live.
All recognized religious groups have their own personal status courts responsible for handling marriage, divorce, and inheritance issues, and discrimination toward women on personal status issues varies depending on the religious group. The government’s interpretation of sharia is the basis of inheritance law for all citizens except recognized religious minorities. In all communities, male heirs must provide financial support to female relatives who inherit less. If they do not, women have the right to sue.
The law provides women and men equal rights in owning or managing land or other property, but cultural and religious norms impeded women’s property rights, especially in rural areas.
Law and custom generally do not respect freedom of movement for women. For example, the law prevents a woman from applying for a passport without the consent of her male guardian or a legal representative (see section 2.d.). Women could not obtain the Civil Status Identification Document–required for access to public services, food assistance, health care, employment, education, and housing–without the consent of a male relative.
In March media reported on the work of the Shahrazad Center to fight gender discrimination. One female journalist, Israa Tariq, went to the center for legal assistance after the television station she worked for, al-Nahar, did not pay her salary for three months. Another woman, “Houda,” went to the center for legal assistance after her husband left her to raise their two children without paying legally required child support.
NGOs also reported cases in which courts changed the registration of Yezidi women to Muslim against their will because of their forced marriage to ISIS fighters.
Although the KRG provided some additional protections to women, in most respects, KRG law mirrors federal law, and women faced discrimination. Beginning in May, public prosecutors in Kurdistan began accepting the testimony of women in court on an equal basis with that of men. KRG law allows women to set as a prenuptial condition the right to divorce her husband, beyond the limited circumstances allowed by Iraqi law, and provides a divorced wife up to five years alimony beyond childcare.
The KRG maintained a High Council of Women’s Affairs and a Women’s Rights Monitoring Board to enforce the law, and prevent and respond to discrimination.
Birth Registration: The constitution states that anyone born to at least one citizen parent is a citizen. Failure to register births resulted in the denial of public services such as education, food, and health care. Single women and widows often had problems registering their children. Although in most cases authorities provided birth certificates after registration of the birth through the Ministries of Health and Interior, this was reportedly a lengthy and at times complicated process. The government was generally committed to children’s rights and welfare, although it denied benefits to noncitizen children. Humanitarian organizations reported a widespread problem of children born to members of ISIS or in ISIS-held territory failing to receive a government-issued birth certificate.
Education: Primary education is compulsory for citizen children for the first six years of schooling–and until age 15 in the IKR; it is provided without cost to citizens. Equal access to education for girls remained a challenge, particularly in rural and insecure areas. Recent, reliable statistics on enrollment, attendance, or completion were not available.
In January, UNICEF reported that children comprised almost one-half of Iraqis displaced by conflict. Displacement limited access to education; at least 70 percent of displaced children missed a year of school. In February, UNICEF reported that one-half of all schools in Iraq required repairs following the territorial defeat of ISIS and that more than three million children have had their education interrupted.
Child Abuse: Although the constitution prohibits “all forms of violence and abuse in the family,” the law does not specifically prohibit domestic violence but stipulates that men may discipline their wives and children “within certain limits prescribed by law or by custom.” The law provides protections for children who were victims of domestic violence or were in shelters, state houses, and orphanages, including access to health care and education. Violence against children reportedly remained a significant problem, but recent, reliable statistics on the extent of the problem were not available. Local NGOs reported the government made little progress in implementing its 2017 National Child Protection Policy.
KRG law criminalizes domestic violence, including physical and psychological abuse and threats of violence. The KRG implemented the provisions of the law, but local NGOs reported these programs were not effective at combating child abuse. The KRG’s Ministries of Labor and Social Affairs, Education, and Culture and Youth operated a toll-free hotline to report violations against, or seek advice regarding children’s rights.
Early and Forced Marriage: The legal minimum age of marriage is 18, but the law allows a judge to permit children as young as age 15 to marry if fitness and physical capacity are established and the guardian does not present a reasonable objection. The law criminalizes forced marriage but does not automatically void forced marriages that have been consummated. The government reportedly made few efforts to enforce the law. Traditional early and forced marriages of girls, including temporary marriages, occurred throughout the country.
In July the Ledia Organization, a local NGO, released a report finding a significant increase in early marriage due to conflict and economic instability, as many families arranged for girls to marry cousins or into polygamous households to prevent forced marriages to ISIS fighters. Others gave their daughters as child brides to ISIS or other armed groups as a means to ensure their safety, access to public services in occupied territories, or livelihood opportunities for the entire family.
In the IKR the legal minimum age of marriage is 18, but KRG law allows a judge to permit children as young as age 16 to marry under the same conditions applied in the rest of the country. KRG law criminalizes forced marriage and suspends, but does not automatically, void forced marriages that have been consummated. According to the KRG High Council of Women’s Affairs, refugees and IDPs in the IKR engaged in child marriage and polygamy at a higher rate than IKR residents.
Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Child prostitution was a problem, as were temporary marriages, particularly among the IDP population. Because the age of legal criminal responsibility is nine in the areas administered by the central government and 11 in the IKR, authorities often treated sexually exploited children as criminals instead of victims. Penalties for commercial exploitation of children range from fines and imprisonment to the death penalty. No information was available regarding the effectiveness of government enforcement.
Child Soldiers: Certain PMF units, including AAH, HHN, and KH, reportedly recruited and used child soldiers, despite government prohibition. The PKK HPG and YBS Yezidi militias also reportedly continued to recruit and use child soldiers. ISIS was known to recruit and use child soldiers (see section 1.g.).
Displaced Children: Insecurity and active conflict between government forces and ISIS caused the continued displacement of large numbers of children. Abuses by government forces, particularly certain PMF groups, contributed to displacement. Due to the conflict in Syria, children and single mothers from Syria took refuge in the IKR. UNICEF reported that almost one-half of IDPs were children.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
A very small number of Jewish citizens lived in Baghdad. According to unofficial statistics from the KRG Ministry of Endowments and Religious Affairs, there were approximately 430 Jewish families in the IKR. There were no reports of anti-Semitic acts in the country during the year.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution states the government, through law and regulations, guarantees the social and health security of persons with disabilities, including through protection against discrimination and provision of housing and special programs of care and rehabilitation. Despite constitutional guarantees, no laws prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Persons with disabilities had limited access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services.
Although the Council of Ministers issued a decree in 2016 ordering access for persons with disabilities to buildings and to educational and work settings, incomplete implementation limited access. Local NGOs reported many children with disabilities dropped out of public school due to insufficient physical access to school buildings, a lack of appropriate learning materials in schools, and a shortage of teachers qualified to work with children with developmental or intellectual disabilities.
The minister of labor and social affairs leads the Independent Commission for the Care of People with Disabilities. Any Iraqi citizen applying to receive disability-related government services must first receive a commission evaluation. The KRG deputy minister of labor and social affairs leads a similar commission, administered by a special director within the ministry. In July a group of persons with disabilities burnt their wheelchairs in front of the IKP office in Sulaimaniya in protest, alleging that the KRG commission arbitrarily denied benefits to those who qualified.
There is a 5 percent public-sector employment quota for persons with disabilities, but employment discrimination persisted, and observers projected that the quota would not be met by the end of the year (see section 7.d.). Mental health support for prisoners with mental disabilities did not exist.
The Ministry of Health provided medical care, benefits, and rehabilitation, when available, for persons with disabilities, who could also receive benefits from other agencies, including the Prime Minister’s Office. The Ministry of Labor and Social Affairs operated several institutions for children and young adults with disabilities. The ministry maintained loans programs for persons with disabilities for vocational training.
The country’s population included Arabs, Kurds, Turkmen, and Shabaks, as well as ethnic and religious minorities, including Chaldeans, Assyrians, Armenians, Yezidis, Sabean-Mandaeans, Baha’i, Kaka’i, and a very small number of Jews. The country also had a small Romani (Dom) community, as well as an estimated 500,000 citizens of African descent who reside primarily in Basrah and adjoining governorates. Because religion, politics, and ethnicity were often closely linked, it was difficult to categorize many incidents as based solely on ethnic or religious identity.
The law did not permit some religious groups, including Baha’i, Zoroastrian, and Kaka’i, to register under their professed religions, which, although recognized in the IKR, remain unrecognized and illegal under Iraqi law. The law forbids Muslims to convert to another religion (see sections 2.d. and section 6, Children).
Government forces, particularly certain PMF groups, and other militias targeted ethnic and religious minorities, as did remaining active ISIS fighters.
For example, following the return of central government control in Kirkuk in October 2017, Kurds, Turkmen, Kaka’i, Christians, and other minorities faced discrimination, displacement, and in some cases, violence from government forces, particularly Iran-aligned PMF groups. Media outlets carried numerous reports of PMF groups invading, looting, and burning the houses of Kurds, Sunni Turkmen, Sunni Arabs, and other ethnic minorities in Kirkuk Governorate. Kurds faced similar violence in Khanaqin, a majority Kurdish city in Diyala Governorate that also passed from KRG to central government control in October 2017. Discrimination continued to stoke ethnosectarian tensions in the disputed territories throughout the year. In August, four Kurds, including a Peshmerga, were beheaded by unknown attackers. The Kaka’i community in Daquq, Kirkuk Governorate, continued to suffer threats, attacks, and assassinations, which Kaka’i civil society groups claimed accelerated under PMF occupation of the area.
Many persons of African descent, some stateless, lived in extreme poverty with high rates of illiteracy and unemployment. They were not represented in politics, and members held no senior government positions. Furthermore, they stated that discrimination kept them from obtaining government employment. Members of the community also struggled to obtain restitution for lands seized from them during the Iran-Iraq war.
There were reports of KRG authorities discriminating against minorities, including Turkmen, Arabs, Yezidis, Shabaks, and Christians, in the disputed territories. For example, courts rarely upheld Christians’ legal complaints against Kurds regarding land and property disputes.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
While the law does not criminalize consensual same-sex sexual conduct between adults per se, authorities used public indecency or prostitution charges to prosecute such conduct. Authorities used the same charges to arrest heterosexual persons involved in sexual relations with anyone other than their spouse. The constitution and law do not extend antidiscrimination protections to LGBTI individuals based on their sexual orientation.
Despite repeated threats and violence targeting LGBTI individuals, specifically gay men, the government failed to identify, arrest, or prosecute attackers or to protect targeted individuals.
LGBTI persons often faced abuse and violence from government and nongovernmental actors that the government did not effectively investigate. In June LGBTI advocacy NGO IraQueer reported 96 percent of surveyed LGBTI individuals experienced threats or violence between 2015 and June. IraQueer reported in June that more than 220 LGBTI individuals were killed in 2017 and stated that the government had not taken steps to prosecute those responsible. In October a video circulated on social media showing a 14-year-old boy dying after being stabbed in an apparent homophobic attack in central Baghdad. In the video the attackers taunted the victim, asking who his boyfriend was and telling him his guts were coming out of his body. In addition to targeted violence, LGBTI persons remained at risk for honor crimes. For example, in July media reported that a father had killed his 12-year-old son because he was playing with his friends in Hamza al-Sharqi, al-Qadisiyah Governorate, but some commentators claimed he was killed for same-sex sexual conduct with his friends.
Local contacts reported that certain PMF groups, including specifically AAH, drafted LGBTI “kill lists” and executed men perceived as gay, bisexual, or transgender, as did ISIS when it still retained territorial control.
LGBTI individuals also faced intimidation, threats, violence, and discrimination in the IKR. In June IraQueer reported the experience of Rawa, a 26-year-old gay man from Duhok Governorate who said he was unable to keep his job because of sexual harassment and violence. Rawa told IraQueer, “I was raped by my boss when I was working as a barista. He then threatened that he would report me to the police if I said anything. I had no choice but to escape.” An IKR-based human rights NGO director reported that otherwise-dedicated members of his staff refused to advocate for LGBTI human rights based on their misperception that LGBTI persons are mentally ill.
Other Societal Violence or Discrimination
Because religion, politics, and ethnicity were often closely linked, it was difficult to categorize many incidents as based solely on ethnic or religious identity.
Media reported criminal networks and some PMF groups seized Christian properties in Baghdad, as well as areas of Anbar, Babil, Basrah, Diyala, Kirkuk, Ninewa, and Wasit Governorates, with relative impunity, despite pledges by the Prime Minister’s Office to open investigations into the seizures. Yezidis likewise complained about property seizures, intimidation, threats, abuses, and discrimination by certain Iran-aligned PMF groups operating in and around Sinjar, Ninewa Governorate.