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

Executive Summary

READ A SECTION: CHINA (BELOW) | TIBET | HONG KONG MACAU


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

Civilian authorities maintained control of security forces.

During the year the government significantly intensified its campaign of mass detention of members of Muslim minority groups in the Xinjiang Uighur Autonomous Region (Xinjiang). Authorities were reported to have arbitrarily detained 800,000 to possibly more than two million Uighurs, ethnic Kazakhs, and other Muslims in internment camps designed to erase religious and ethnic identities. Government officials claimed the camps were needed to combat terrorism, separatism, and extremism. International media, human rights organizations, and former detainees reported security officials in the camps abused, tortured, and killed some detainees.

Human rights issues included arbitrary or unlawful killings by the government; forced disappearances by the government; torture by the government; arbitrary detention by the government; harsh and life-threatening prison and detention conditions; political prisoners; arbitrary interference with privacy; physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others as well as their family members; censorship and site blocking; interference with the rights of peaceful assembly and freedom of association, including overly restrictive laws that apply to foreign and domestic nongovernmental organizations (NGOs); severe restrictions of religious freedom; significant restrictions on freedom of movement (for travel within the country and overseas); refoulement of asylum seekers to North Korea, where they have a well-founded fear of persecution; the inability of citizens to choose their government; corruption; a coercive birth-limitation policy that in some cases included sterilization or abortions; trafficking in persons; and severe restrictions on labor rights, including a ban on workers organizing or joining unions of their own choosing. Official repression of the freedoms of speech, religion, movement, association, and assembly of Tibetans in the Tibet Autonomous Region (TAR) and other Tibetan areas and of Uighurs and other ethnic and religious minorities in Xinjiang worsened and was more severe than in other areas of the country.

Authorities prosecuted a number of abuses of power through the court system, particularly with regard to corruption, but in most cases the CCP first investigated and punished officials using opaque internal party disciplinary procedures. The CCP continued to dominate the judiciary and controlled the appointment of all judges and in certain cases directly dictated the court’s ruling. Authorities harassed, detained, and arrested citizens who promoted independent efforts to combat abuses of power.

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

There were reports Shanghai police shot and killed Ju Hailiang on April 13, while he was protesting a decision to demolish his home. Police reportedly also injured Ju’s sister and his nephew. Authorities charged Ju’s sister, her husband, and their son with “endangering public safety.” His sister and her husband were also charged with “disorderly behavior” for throwing bricks and rocks at the police.

In Xinjiang there were reports of custodial deaths related to detentions in the expanding internment camps. Some of these deaths occurred before 2018 and were reported only after detainees escaped to other countries.

Abdulreshit Seley Hajim, a Uighur businessperson, died in May or June while being held in an internment camp. According to those interviewed by Radio Free Asia, he died from strikes to the head with a blunt object.

Although legal reforms in recent years decreased the use of the death penalty and improved the review process, authorities executed some defendants in criminal proceedings following convictions that lacked due process and adequate channels for appeal.

b. Disappearance

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

The government conducted mass arbitrary detention of Uighurs, ethnic Kazakhs, and other Muslims in Xinjiang. China Human Rights Defenders reported these detentions amounted to enforced disappearance, as families were not given information about the length or location of the detention.

Human rights lawyer Gao Zhisheng, who went missing in 2017, remained missing throughout 2018. In September 2017 Radio Free Asia reported Gao’s family said they were told he was in police custody at an undisclosed location, although authorities did not release any details surrounding his detention.

In November award-winning Chinese documentary photographer Lu Guang disappeared after traveling to Xinjiang to lead a photography workshop. Authorities did not respond to requests by Lu’s wife and international advocacy organizations to account for Lu’s status and whereabouts.

Lawyer Wang Quanzhang was reported alive in the Tianjin Detention Center in July after being held in incommunicado detention for more than three years. Wang had a closed court hearing on the charges against him on December 26. Authorities detained Wang in the July 2015 “709” roundup of more than 300 human rights lawyers and legal associates.

The government still had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations. Many activists who were involved in the 1989 demonstrations and their family members continued to suffer official harassment.

The government made no efforts to prevent, investigate, or punish such acts.

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

The law prohibits the physical abuse and mistreatment of detainees and forbids prison guards from coercing confessions, insulting prisoners’ dignity, and beating or encouraging others to beat prisoners. Amendments to the criminal procedure law exclude evidence obtained through illegal means, including coerced confessions, in certain categories of criminal cases. Enforcement of these legal protections continued to be lax.

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

Many human rights advocates expressed concern that lawyers, law associates, and activists detained in the “709” crackdown continued to suffer various forms of torture, abuse, or degrading treatment, similar to the 2017 reports of authorities’ treatment of Wu Gan, Li Chunfu, Xie Yang, and Jiang Tianyong.

In September, according to Radio Free Asia, Huang Qi, founder and director of 64 Tianwang Human Rights Center, sustained injuries from multiple interrogation sessions. Huang was detained in the city of Mianyang, Sichuan Province, in 2016 for “illegally supplying state secrets overseas.” Multiple contacts reported detention officials deprived Huang of sleep and timely access to medical treatment in an attempt to force Huang to confess. In October prosecutors brought more charges against Huang, including “leaking national secrets.” The Mianyang Intermediate People’s Court had not set a new trial date for Huang since its sudden cancellation of his scheduled trial in June. Huang’s mother, Pu Wenqing, petitioned central authorities in October to release him because she believed her son was mistreated. She had not been able to see him in two years. Pu disappeared on December 7 after plainclothes security personnel detained her at the Beijing train station.

Members of the minority Uighur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and officials working within the penal system and the internment camps. Survivors stated authorities subjected individuals in custody to electrocution, waterboarding, beatings, stress positions, injection of unknown substances, and cold cells (see section 6, National/Racial/Ethnic Minorities). Practitioners of the banned Falun Gong spiritual movement and members of the Church of Almighty God also reported systematic torture in custody.

The treatment and abuse of detainees under the new liuzhi detention system, which operates outside the judicial system to investigate corruption, retained many characteristics of the previous shuanggui system, such as extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days, according to press reports and an NGO report released in August (see section 4).

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

According to the Legal Daily (a state-owned newspaper covering legal affairs), the Ministry of Public Security directly administered 23 high-security psychiatric hospitals for the criminally insane. While many of those committed to mental health facilities were convicted of murder and other violent crimes, there were also reports of activists, religious or spiritual adherents, and petitioners involuntarily subjected to psychiatric treatment for political reasons. Public security officials may commit individuals to psychiatric facilities and force treatment for “conditions” that have no basis in psychiatry.

In February, according to Civil Rights and Livelihood Watch, a human rights oriented website, local security officers sent Chongqing dissident Liu Gang to a psychiatric hospital for the seventh time. Since 2004 Liu often criticized the Chinese Communist Party, and authorities regularly detained him on the charge of “disturbing public order.”

Some activists and organizations continue to accuse the government of involuntarily harvesting organs from prisoners of conscience, especially members of Falun Gong. The government denied the claims, having officially ended the long-standing practice of involuntarily harvesting the organs of executed prisoners for use in transplants in 2015.

Prison and Detention Center Conditions

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

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

Adequate, timely medical care for prisoners remained a serious problem, despite official assurances prisoners have the right to prompt medical treatment. Prison authorities at times withheld medical treatment from political prisoners.

In May Guangdong government officials sent Xu Lin, a songwriter first detained in September 2017 for singing about the late Nobel Peace Prize Laureate and political prisoner Liu Xiaobo, to Guangzhou Armed Police Hospital with a medical emergency. Detention center authorities told Xu’s wife he was ill due to food he ate in detention. In June Xu Lin was diagnosed with “breast hyperplasia,” an enlargement of breast tissue that often occurs in the early stages of cancer. Authorities denied a request by Xu’s wife and lawyer for his release on medical bail. Xu’s wife maintained Xu Lin did not have any health problems before being detained.

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

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

In Xinjiang authorities constructed new internment camps for Uighurs, ethnic Kazakhs, and other Muslims. In some cases authorities used repurposed schools, factories, and prisons. According to Human Rights Watch, these camps focused on “military-style discipline and pervasive political indoctrination of the detainees.” Available information was limited, but some reports described the withholding of food as punishment for those who could not learn Chinese phrases and songs.

Mihrigul Tursun, a Uighur woman from Xinjiang, recounted to media in October how Chinese authorities arbitrarily detained her multiple times after she returned to Xinjiang in 2015. Tursun reported nine deaths in her cell, an underground, windowless room that held 68 women, occurred during her detention in 2018.

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

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

d. Arbitrary Arrest or Detention

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

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

ROLE OF THE POLICE AND SECURITY APPARATUS

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Armed Police is under the dual authority of the Central Committee of the Chinese Communist Party and the Central Military Commission. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently used civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Oversight of these forces was localized and ad hoc. By law, officials can be criminally prosecuted for abuses of power, but, outside of anticorruption cases, such cases were rarely pursued.

The Ministry of Public Security coordinates the civilian police force, which is organized into specialized agencies and local, county, and provincial jurisdictions. Procuratorate oversight of the public security forces was limited. Corruption at every level was widespread. Public security and urban management officials engaged in extrajudicial detention, extortion, and assault.

By regulation, state officers in prisons face dismissal if found to have beaten, applied corporal punishment to, or abused inmates, or to have instigated such acts, but there were no reports these regulations were enforced.

While civilian authorities maintained effective control of the security forces, in the absence of reliable data, it was difficult to ascertain the full extent of impunity for the domestic security apparatus. Anecdotal accounts of abuse were common on social media and appeared in state media reports as well. Authorities often announced investigations following cases of reported killings by police. It remained unclear, however, whether these investigations resulted in findings of police malfeasance or disciplinary action. There were few known government actions to increase respect for human rights by the security forces.

On April 28, police in Shanwei, Guangdong, arrested a security official for administering extrajudicial punishment, illegal detention, and illegal use of police equipment. On April 24, the security official caught a teenager who tried to steal money from a nearby Taoist temple, handcuffed him to a flagpole, beat and tortured him with a police electric shock baton, filmed the process, and uploaded it to social media.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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

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

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

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

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

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

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

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

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

Swedish bookseller and Hong Kong resident Gui Minhai, who went missing from Thailand in 2015 and was released by Chinese authorities in October 2017, was detained again by Chinese authorities in late January while traveling on a train. The Chinese government issued a statement on February 12 stating Gui had violated Chinese law, and his case would be dealt with in accordance with Chinese law. The press reported Gui remained in detention, although his whereabouts were unclear.

In July authorities released Liu Xia, widow of Nobel Peace Prize Laureate Liu Xiaobo, from eight years of home confinement. Authorities had held Liu Xia without a criminal charge or a judicial proceeding against her. Liu Xia suffered deteriorating physical and emotional health, according to those who could communicate with her. Liu Xia’s brother Liu Hui remained in the country on medical parole related to his 11-year sentence for a 2013 fraud conviction. Human rights advocates argued the government was holding Liu Hui as a hostage to restrict Liu Xia from publicly criticizing authorities.

According to media reports, officials had detained Bishop “Peter” Shao Zhumin, the leader of the underground Catholic Church in Wenzhou, Zhejiang, five times since he was ordained in 2016. Shao spent more than seven months in custody from May 2017 to January 2018. Authorities sent Shao to Qinghai for “re-education” during some of his previous detentions for refusing to join the state-sponsored Chinese Catholic Patriotic Association.

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

On June 29, the Tiexi District Court in Shenyang sentenced human rights advocate Lin Mingjie, after two years of pretrial detention, for assembling a group of demonstrators in front of the Ministry of Public Security in Beijing to protest Shenyang Public Security Bureau Director Xu Wenyou’s abuse of power in 2016. Lin was sentenced to two years and six months in prison, including time served.

e. Denial of Fair Public Trial

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

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

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

Courts are not authorized to rule on the constitutionality of legislation. The law permits organizations or individuals to question the constitutionality of laws and regulations, but a constitutional challenge may be directed only to the promulgating legislative body. Lawyers had little or no opportunity to rely on constitutional claims in litigation. In March lawyers and others received central government instructions to avoid discussion of the constitutionality of the constitutional amendments that removed term limits for the president and vice president.

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

Jiang Tianyong remained in prison following his 2017 conviction for inciting state subversion in Changsha, Hunan. A court sentenced him to two years in prison. The case against him was based on his interviews with foreign journalists and his publishing of articles on the internet, actions that, outside the country, were widely seen as normal for someone in his profession. Authorities prevented Jiang from selecting his own attorney to represent him at a trial that multiple analysts viewed as neither impartial nor fair.

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

TRIAL PROCEDURES

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

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

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

The Open Trial Network (Tingshen Wang), a government-run website, broadcast trials online; the majority were civil trials.

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

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

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

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

On January 18, the Guangdong Provincial Justice Department summoned prominent Guangzhou rights attorney Fu Ailing after visiting her client Zhan Huidong at the Xinhui Detention Center in Jiangmen municipality. Justice department officials repeatedly questioned her about who contacted her for legal assistance and who employed her as Zhan’s defense attorney. Zhan Huidong was a prodemocracy activist who attended a memorial event for Liu Xiaobo.

The government suspended or revoked the business licenses or law licenses of some lawyers who took on sensitive cases, such as defending prodemocracy dissidents, house-church activists, Falun Gong practitioners, or government critics. Authorities used the annual licensing review process administered by the All China Lawyers Association to withhold or delay the renewal of professional lawyers’ licenses. Other government tactics to intimidate or otherwise pressure human rights lawyers included unlawful detentions, vague “investigations” of legal offices, disbarment, harassment and physical intimidation, and denial of access to evidence and to clients. In February a number of Chinese lawyers wrote an open letter protesting the government’s harassment of lawyers who took on human rights cases.

In January the Guangdong Provincial Justice Department revoked the law license for high-profile human rights lawyer Sui Muqing. In April he requested administrative review of the department’s decision to revoke his license, but he had not received a response as of August.

Lawyers who take on politically sensitive cases often become targets of harassment and detention themselves. Beijing-based lawyer Li Yuhan, who defended human rights lawyers during the “709” crackdown, remained in custody in Shenyang without formal trial proceedings, other than “pretrial meetings” in July and October. Authorities initially detained Li in October 2017.

In 2015 the National People’s Congress’s Standing Committee amended legislation concerning the legal profession. The amendments criminalize attorneys’ actions that “insult, defame, or threaten judicial officers,” “do not heed the court’s admonition,” or “severely disrupt courtroom order.” The changes also criminalize disclosing client or case information to media outlets or using protests, media, or other means to influence court decisions. Violators face fines and up to three years in prison.

Regulations adopted in 2015 also state detention center officials should either allow defense attorneys to meet suspects or defendants or explain why the meeting cannot be arranged at that time. The regulations specify that a meeting should be arranged within 48 hours. Procuratorates and courts should allow defense attorneys to access and read case files within three working days. The time and frequency of opportunities available for defense attorneys to read case files shall not be limited, according to the guidelines. In some sensitive cases, lawyers had no pretrial access to their clients and limited time to review evidence, and defendants and lawyers were not allowed to communicate with one another during trials. In contravention of the law, criminal defendants frequently were not assigned an attorney until a case was brought to court. The law stipulates the spoken and written language of criminal proceedings shall be conducted in the language common to the specific locality, with government interpreters providing language services for defendants not proficient in the local language. Sources noted trials were predominantly conducted in Mandarin Chinese, even in minority areas, with interpreters provided for defendants who did not speak the language.

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

Zhuhai city authorities in Guangdong Province denied permission for prominent anticensorship campaigner Zhen Jianghua to meet with his lawyer, Ren Quanniu, on “national security” grounds. In 2017 authorities arrested Zhen, charged him with “incitement to subvert state power,” and held him in residential surveillance at an RSDL. Zhen, also known by his online moniker GuestsZhen, was the executive editor of the anticensorship website Across the Great Firewall, an overseas-registered site offering information about censorship and circumvention tools for accessing the internet beyond China’s borders.

Under the law lawyers are assigned to convicted prisoners on death row who cannot afford one during the review of their sentences. Official figures on executions were classified as a state secret. According to the Dui Hua Foundation, the number of executions stabilized after years of decline following the reform of the capital punishment system initiated in 2007. Dui Hua believed an increase in the number of executions for bosses of criminal gangs and individuals convicted of “terrorism” in Xinjiang likely offset the drop in the number of other executions.

POLITICAL PRISONERS AND DETAINEES

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

Authorities granted political prisoners early release at lower rates than other prisoners. The Dui Hua Foundation estimated more than 100 prisoners were still serving sentences for counterrevolution and hooliganism, two crimes removed from the criminal code in 1997. Thousands of others were serving sentences for political and religious offenses, including for “endangering state security” and carrying out “cult activities.” The government neither reviewed the cases of those charged before 1997 with counterrevolution and hooliganism nor released persons jailed for nonviolent offenses under repealed provisions.

Many political prisoners remained in prison or under other forms of detention at year’s end, including writer Yang Maodong (pen name: Guo Feixiong); Uighur scholars Ilham Tohti and Rahile Dawut; activist Wang Bingzhang; activist Liu Xianbin; Taiwan prodemocracy activist Lee Ming-Che; pastor Zhang Shaojie; Falun Gong practitioners Bian Lichao and Ma Zhenyu; Catholic Auxiliary Bishop of Shanghai Thaddeus Ma Daqin; rights lawyers Wang Quanzhang, Xia Lin, Gao Zhiseng, Tang Jingling, Yu Wensheng, and Jiang Tianyong; blogger Wu Gan; Buddhist monk Xu Zhiqiang (who also went by the name Master Shengguan); and Shanghai labor activist Jiang Cunde.

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

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

CIVIL JUDICIAL PROCEDURES AND REMEDIES

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

Although historically citizens seldom applied for state compensation because of the high cost of bringing lawsuits, low credibility of courts, and citizens’ general lack of awareness of the law, there were instances of courts overturning wrongful convictions. In July Li Jinlian in Jiangxi Province applied for state compensation of 41.4 million yuan ($6.1 million) for his wrongful conviction and subsequent death sentence with reprieve for the 1998 murder of two children with poisoned candy. In June the Jiangxi Provincial Higher People’s Court acquitted Li, ruling the previous conviction was based on unclear facts and insufficient evidence. In September the Jiangxi Higher People’s Court decided to award Li approximately 2.93 million yuan ($431,000) for his wrongful conviction. In October the Supreme People’s Court accepted Li’s request to reconsider the Jiangxi court decision, and on November 19, it heard Li’s claim that the amount of the original award was insufficient, and a final ruling was still pending at year’s end.

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

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

On June 3, police in Guangzhou, Guangdong, detained Yang Suyuan, an activist who petitioned for employment severance benefits for staff dismissed from big state-owned banks. The police interrogated Yang, collected her fingerprints, took a DNA blood sample and facial record, and transferred her to a police station in her hometown in Qingyuan, Guangdong, for further questioning.

In June the Beijing Number 2 Intermediate People’s Court tried 12 suspects accused of illegally detaining, tying up, and beating a petitioner from Jiangxi Province in June 2017. The petitioner, Chen Yuxian from Shangyou, died in Beijing eight hours after the suspects took him away. The 12 suspects were reportedly from an illegal crime group under the guise of a car rental company that had close connections to local government officials, who had demanded the petition be intercepted. The Beijing court had not issued a verdict as of year’s end.

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

The law states the “freedom and privacy of correspondence of citizens are protected by law,” but authorities often did not respect the privacy of citizens. Although the law requires warrants before officers can search premises, officials frequently ignored this requirement. The Public Security Bureau and prosecutors are authorized to issue search warrants on their own authority without judicial review. There continued to be reports of cases of forced entry by police officers.

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

According to media reports, the Ministry of Public Security used tens of millions of surveillance cameras throughout the country to monitor the general public. Human rights groups stated authorities increasingly relied on the cameras and other forms of surveillance to monitor and intimidate political dissidents, religious leaders and adherents, Tibetans, and Uighurs. These included facial recognition and “gait recognition” video surveillance, allowing police not only to monitor a situation but also to quickly identify individuals in crowds. The monitoring and disruption of telephone and internet communications were particularly widespread in Xinjiang and Tibetan areas. The government installed surveillance cameras in monasteries in the TAR and Tibetan areas outside the TAR (see Special Annex, Tibet). The law allows security agencies to cut communication networks during “major security incidents.”

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

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

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

The government continued implementing a “social credit system,” which collects vast amounts of data to create scores for individuals and companies in an effort to address deficiencies in “social trust,” strengthen access to financial credit instruments, and reduce public corruption. Unlike Western financial credit-rating systems, the social credit system also collected information on academic records, traffic violations, social media presence, quality of friendships, adherence to birth control regulations, employment performance, consumption habits, and other topics. This system is intended to promote self-censorship, as netizens would be liable for their statements, relationships, and even information others shared within closed social media groups.

An individual’s “social credit score,” among other things, quantifies a person’s loyalty to the government by monitoring citizens’ online activity and relationships. There were indications the system awarded and deducted points based on the “loyalty” of sites visited, as well as the “loyalty” of other netizens with whom a person interacted. The system also created incentives for citizens to police each other. Organizers of chat groups on messaging apps were responsible for policing and reporting any posts with impermissible content, making them liable for violations.

Although the government’s goal is to create a unified government social credit system, there were several disparate social credit systems under several Chinese technology companies, and the specific implementation of the system varied by province and city. In Hangzhou the scoring system, which applies to residents 18 years or older, included information on individuals’ education, employment, compliance with laws and regulations (such as tax payments), payment of medical bills, loan repayment, honoring contracts, participating in volunteer activities, and voluntary blood donations.

There were several cases in which an individual’s credit score resulted in concrete limitations on that person’s activities. Users with low social credit scores faced an increasing series of consequences, including losing the ability to communicate on domestic social media platforms, travel, and buy property. In April state media reported the social credit system “blocked” individuals from taking 11 million flights and four million train trips.

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

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

The government restricted the rights of men and women to have children (see section 6, Women).

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

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

Freedom of Expression: Citizens could discuss many political topics privately and in small groups without official punishment. Authorities, however, routinely took harsh action against citizens who questioned the legitimacy of the CCP. Some independent think tanks, study groups, and seminars reported pressure to cancel sessions on sensitive topics. Those who made politically sensitive comments in public speeches, academic discussions, or in remarks to media, or posted sensitive comments online, remained subject to punitive measures.

In July, in the midst of a national outcry over faulty children’s vaccines, police visited the homes of concerned parents to attempt to stop their online discussion of the issue. Some parents were shown a document that said police intended to charge parents who attended a planned media session with “colluding with foreign media.” The parents subsequently cancelled the press conference.

In April Cui Haoxin, a Muslim poet, was detained in a Xinjiang internment camp for one week, which he attributed to the political views he expressed in his poetry and other writings. On August 16, police in Xinjiang threatened Cui in an attempt to stop him from posting information on Twitter about these camps.

Press and Media Freedom: The CCP and government continued to maintain ultimate authority over all published, online, and broadcast material. Officially, only state-run media outlets have government approval to cover CCP leaders or other topics deemed “sensitive.” While it did not dictate all content to be published or broadcast, the CCP and the government had unchecked authority to mandate if, when, and how particular issues were reported or to order they not be reported at all.

During the year state media reported senior authorities issued internal CCP rules detailing punishments for those who failed to hew to ideological regulations, ordering a further crackdown on illegal internet accounts and platforms, and instructing the media to engage in “journalism based on Marxism.” The rules also planned for greater political and ideological indoctrination efforts targeting at university students.

The government tightened ideological control over media and public discourse by restructuring its regulatory system. The CCP’s propaganda department has direct control of the State Administration of Press, Publication, Radio, Film, and Television (SAPPRFT). Authorities also restructured SAPPRFT in March, relocating some of its responsibilities and renaming it the State Administration for Radio and Television Agency (SARFT). The new structure greatly expands CCP control of film, news media, newspapers, books, and magazines. The Cyberspace Administration of China (CAC), which directly manages internet content, including online news media, also promotes CCP propaganda.

On November 14, the CAC issued a statement saying more than 9,800 internet accounts had been “cleaned up” as part of an ongoing campaign. On November 15, the CAC issued a notice that further restricted what opinions could be posted online and said the CAC would start to require detailed logs on users from internet and media firms as part of its new policy targeting dissenting opinion and social movements online. As of November 30, the CAC said it would require internet platforms that could be used to “socially mobilize” or that could lead to “major changes in public opinion” to submit reports on their activities.

The government took further action to build its propaganda tools. In March it consolidated China Central Television, China Radio International, and China National Radio into a new super media group known as the “Voice of China.” State media explained the restructuring was meant to “strengthen the party’s concentrated development and management of important public opinion positions.”

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

Journalists operated in an environment tightly controlled by the government. While the country’s increasingly internet-literate population demanded interesting stories told with the latest technologies, government authorities asserted control over those new technologies (such as livestreaming) and clamped down on new digital outlets and social media platforms.

Because the Communist Party does not consider internet news companies “official” media, they are subject to debilitating regulations and barred from reporting on potentially “sensitive” stories. According to the most recent All China Journalist Association report from 2017 on the nation’s news media, there were 231,564 officially credentialed reporters working in the country. Only 1,406 worked for news websites, with the majority working at state-run outlets such as XinhuaNet.com and ChinaDaily.com. This did not mean online outlets did not report on important issues. Instead, many used creative means to share content, but limited their tactics and topics since they were acting outside official approval.

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

Family members of journalists based overseas also faced harassment, and in some cases detention, as retaliation for the reporting of their relatives abroad. In 2017 authorities detained dozens of relatives of at least six reporters for Radio Free Asia’s Uighur Service. The reporters, members of the country’s Uighur minority group, were reporting on the Xinjiang internment camps (see section 1).

A journalist could face demotion or job loss for publishing views that challenged the government. In many cases potential sources refused to meet with journalists due to actual or feared government pressure. In particular academics–a traditional source of information–were increasingly unwilling to meet with journalists.

During the year authorities imprisoned numerous journalists working in traditional and new media.

On June 26, a Sichuan province court sentenced political cartoonist Jiang Yefei to six years and six months in prison on charges of “inciting subversion of state power” and “illegally crossing the border.” Jiang fled to Thailand in 2008 after his cartoons criticizing the 2008 Sichuan earthquakes and lampooning Chinese government officials attracted government attention. In 2015 he was forcibly returned to China and then held incommunicado until his June 2018 trial, which was held in secret.

On August 1, authorities entered the house of retired professor Sun Wenguang in Jinan, Shandong, during an on-air telephone interview with Voice of America (VOA). Listeners heard the police stop the interview as the professor protested their incursion. The government held Sun for approximately two weeks and then released him under “strict supervision.” A pair of VOA journalists, Yibing Feng and Allen Ai, went to Sun’s home after his release on August 13, at which point the police detained them for six hours, destroyed their cell phones, and scanned their equipment.

Authorities in Xinjiang arrested four employees of state-sanctioned Xinjiang newspapers in September and accused them of publishing inappropriate content in the Uighur-language versions of their papers. A representative for the Xinjiang Daily group confirmed the arrests and said the four were accused of being “two-faced,” a euphemism for individuals who outwardly support CCP rule while secretly disagreeing with restrictions on minority culture, language, and religion.

Restrictions on foreign journalists by central and local CCP propaganda departments remained strict, especially during sensitive times and anniversaries. Foreign press outlets reported local employees of foreign news agencies were also subjected to official harassment and intimidation and this remained a major concern for foreign outlets.

Journalists who traveled to Xinjiang reported very high levels of surveillance, monitoring, harassment, and interference in their work.

Foreign ministry officials again subjected a majority of journalists to special interviews as part of their annual visa renewal process. During these interviews the officials pressured journalists to report less on human rights issues, referencing reporting “red lines” journalists should not cross, and in some cases threatened them with nonrenewal of visas. Many foreign media organizations continued to have trouble expanding or maintaining their operations in the country due to the difficulty of receiving visas. Some foreign media companies were increasingly unwilling to publicize such issues due to fear of provoking further backlash by the government.

Authorities continued to enforce tight restrictions on citizens employed by foreign news organizations. The code of conduct for citizen employees of foreign media organizations threatens dismissal and loss of accreditation for those citizen employees who engage in independent reporting. It instructs them to provide their employers information that projects “a good image of the country.”

Media outlets that reported on commercial issues enjoyed comparatively fewer restrictions, but the system of postpublication review by propaganda officials encouraged self-censorship by editors seeking to avoid the losses associated with penalties for inadvertently printing unauthorized content.

Chinese-language media outlets outside the country reported intimidation and financial threats from the government. For example, the manager of Australia’s largest independent Chinese-language newspaper, Vision China Times, spoke at a conference in February about the pressure Chinese officials put on the newspaper’s advertising clients in an attempt to silence the media outlet’s views. Some clients were “grilled” by Chinese consulate officials in Australia, while others were visited during trips to China and pressured to stop doing business with Vision China Times.

Censorship or Content Restrictions: The State Council’s Regulations on the Administration of Publishing grant broad authority to the government at all levels to restrict publications based on content, including mandating if, when, and how particular issues are reported. While the Ministry of Foreign Affairs daily press briefing was generally open, and the State Council Information Office organized some briefings by other government agencies, journalists did not have free access to other media events. The Ministry of Defense continued allowing select foreign media outlets to attend occasional press briefings.

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

On February 8, the Guangdong Provincial Propaganda Department revoked the position and official title of Duan Gongwei, chief editor of the Southern Weekly, who oversaw two investigative financial reports about Hainan Airlines Group. The reports showed how the airline, which was reportedly linked to senior Chinese leaders, went on “acquisition sprees” despite operating with large debts.

The CCP Central Propaganda Department ordered media outlets to adhere strictly to the information provided by authoritative official departments, especially with respect to sensitive or prominent situations. Directives often warned against reporting on issues related to party and official reputation, health and safety, and foreign affairs.

Control over public depictions of President Xi increased, with censors aggressively shutting down any depiction that varied from official media storylines. Censors continued to block images of the Winnie the Pooh cartoon on social media because internet users used the symbol to represent President Xi Jinping. A June segment of John Oliver’s Last Week Tonight program on HBO criticizing Xi Jinping resulted in authorities temporarily blocking access to HBO’s online content.

It was extremely difficult for foreign journalists to report from the TAR, other Tibetan areas, or Xinjiang without experiencing serious interference. Foreign reporters also experienced restricted access and interference when trying to report in other sensitive areas, including the North Korean border, at places of historical significance to the founding of the Communist party, sites of recent natural disasters, and areas–including in Beijing–experiencing social unrest.

Overseas television newscasts, largely restricted to hotels and foreign residence compounds, were subject to censorship. Individual issues of foreign newspapers and magazines were occasionally banned when they contained articles deemed too sensitive. Articles on sensitive topics were removed from international magazines. Television newscasts were blacked out during segments on sensitive subjects.

Politically sensitive coverage in Chinese, and to a lesser extent in English, was censored more than coverage in other languages. The government prohibited some foreign and domestic films deemed too sensitive or selectively censored parts of films before they were released. Under government regulations, authorities must authorize each foreign film released in the country, with a restriction on the total number that keeps annual distribution below 50 films.

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

Government rules ban the sale of foreign publications without an import permit. This includes sales on online shopping platforms, which are banned from offering “overseas publications,” including books, movies, and games, that do not already have government approval. The ban also applies to services related to publications.

One year after the death in July of Nobel Peace Prize Laureate Liu Xiaobo, the government continued to censor a broad array of related words and images across public media and on social media platforms. Besides his name and image, phrases such as “rest in peace,” “grey,” quotes from his writings, images of candles, and even candle emojis were blocked online and from private messages sent on social media. Attempts to access censored search results resulted in a message saying the result could not be displayed “according to relevant laws, regulations, and policies.” Government censors also blocked online access to news regarding Liu Xiaobo’s widow, Liu Xia.

INTERNET FREEDOM

The government tightly controlled and highly censored domestic internet usage. According to an official report released in August by the China Internet Network Information Center, the country had more than 802 million internet users, accounting for 57.7 percent of its total population. According to International Telecommunication Union data, 54 percent of the population used the internet in 2017. Major media companies estimated more than 625 million persons obtained their news from social and online media sources.

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

In April censors temporarily shut down prominent news app Toutiao. It reopened after its owner apologized for failing to promote “core socialist values” through the app and promised to hire 4,000 new in-house censors, bringing the total number to 10,000. Authorities permanently shuttered the company’s other app, Neihan Duanzi, which was used by its 200 million users to share jokes and memes.

On March 19, Guangdong province authorities released environmental activist Lei Ping after the government-linked China Biodiversity Conservation and Green Development Foundation submitted a letter to Xinyi police, who had detained Lei after she posted online an investigative report uncovering illegal quarry operations and their effects on local water resources.

The government continued to issue an array of regulations implementing the Cybersecurity Law, which took effect in 2017. The law allows the government to “monitor, defend, and handle cybersecurity risks and threats originating from within the country or overseas sources.” Article 12 of the law criminalizes using the internet to “creat[e] or disseminat[e] false information to disrupt the economic or social order.” For example, Guangzhou anesthesiologist Tan Qindong spent three months in jail for “damaging a company’s reputation” after his criticism of a traditional Chinese medicinal tonic began circulating widely on WeChat. Chinese news reports speculated the arrest most likely occurred at the behest of the tonic manufacturer. Authorities released Tan after he wrote an apology admitting he had “not thought clearly.” The law also codifies the authority of security agencies to cut communication networks across an entire geographic region during “major security incidents,” although the government had previously implemented such measures before the law’s passage.

CAC regulations on Internet News Information Services require websites, mobile apps, forums, blogs, instant communications services, and search engines to ensure news coverage of a political, economic, diplomatic, or commentary nature conforms to official views of “facts.” These regulations extend longstanding traditional media controls to new media–including online and social media–to ensure these sources also adhere to the Communist Party directive.

According to January state media reports, authorities closed 128,000 websites in 2017. These were deemed “harmful” due to inappropriate content, which includes politically sensitive materials, as well as pornography and gambling. The pace continued during the year, with the CAC reporting it shuttered 3,673 websites and 1.2 million social media accounts in just the second and third quarters of the year. In July the CAC reported receiving 6.72 million “valid” reports of online “illegal and harmful” information in that month alone.

The CAC also required all live-streaming platforms, video platforms, commercial websites, web portals, and apps to register with the CAC. Online content platforms by licensed central media and their affiliates were not required to register. In April state media announced content on short video sites that violated core socialist values would be removed, and the CAC announced it had “talked” to several short video sites. Shortly thereafter, the live streaming and comment section of a prominent platform, Douyin, ceased to function. Various other platforms faced shutdowns for “illicit” or “illegal” content over the last year.

Regulators required a special permit for transmission of audio and visual materials on blogging platforms such as Weibo and instant messaging platforms such as WeChat. Platform managers were made directly responsible for ensuring user-posted content complies with their permit’s scope. This includes television shows, movies, news programs, and documentaries, which many netizens consumed exclusively through social media channels. The rules prohibit the uploading of any amateur content that would fall under the definition of news programming or “sensitive” topics.

The changes in cybersecurity law put in place by the CAC in 2017 also bolstered real-name registration requirements for websites and social media platforms, with Baidu and Sina Weibo announcing accounts without real name registration would have restricted access to certain website functions (e.g., commenting on posts). Cybercafes in Xingtai and Shanghai also began using facial recognition to match users with their photographs printed on national identification documents.

The government continued efforts to limit virtual private network (VPN) service use. A new ban on “unauthorized” VPNs went into effect on March 31. While some users, including international companies, were permitted to use VPNs, smaller businesses, academics, and citizens did not have access to authorized VPNs. However, news reports indicated authorities were not strictly enforcing the ban. Authorities stepped up efforts to block VPN service providers ahead of major events such as November trade and internet shows. A software engineer in Shanghai was sentenced to three years in prison after providing illegal VPNs to hundreds of customers since 2016, reported the government-owned newspaper People’s Court Daily. The man, surnamed Dai, was also ordered to serve three years of probation and fined 10,000 yuan ($1,400).

Many other websites for international media outlets, such as the New York Times, the Wall Street Journal, and Bloomberg, in addition to those of human rights organizations, such as Amnesty International and Human Rights Watch, remained perennially blocked. In August censors blocked the Australian Broadcast Corporation’s (ABC) website and phone app. ABC launched a Chinese-language site in 2017, and in 2018 ABC’s stories about Chinese influence in Australia drew strong criticism from official Chinese media.

Government censors continued to block websites or online content related to topics deemed sensitive, such as Taiwan, the Dalai Lama, Tibet, and the 1989 Tiananmen Square Massacre.

Thousands of social media and other websites remained blocked, including Facebook, Twitter, Instagram, Google, and YouTube. While countless news and social media sites remained blocked, a large percentage of censored websites were gambling or pornographic websites.

Early in the year, the government warned airlines not to list Taiwan, Hong Kong, or Macau as separate countries on their websites, and it published a list of offending airlines. Officials obligated Marriott hotels to shut down its website for a week and publicly apologize for listing Tibet, Hong Kong, and Macau as separate countries. Mercedes Benz was similarly forced to apologize to the government after a posting on its official Instagram account included this quotation, “‘Look at the situations from all angles, and you will become more open.’ — Dalai Lama.” Officials’ response to the posting included the state-run People’s Daily calling Mercedes Benz an “enemy of the people.”

References to same-sex acts/same sex-relations and the scientifically accurate words for genitalia remained banned following SAPPRFT’s 2017 pronouncement listing same-sex acts/relations as an “abnormal sexual relation” and forbidding its depiction. In January domestic media reported a Beijing court agreed to hear a gay-rights activist’s lawsuit challenging SAPPRFT regarding homosexuality, although by December no ruling had been announced. Meanwhile, in May a nationally popular Hunan-based television broadcaster blacked out parts of Eurovision, a European music performance, that depicted gay relationships and pixelated an image of the gay-pride flag.

Censors shut down a prominent feminist Weibo account on International Women’s Day, March 8. With 180,000 followers, the account was one of the country’s most prominent online feminist advocacy platforms. Officials had similarly shut down the account in 2017 on International Women’s Day, then allowed it to reopen, but this time they shuttered the account permanently.

During the year authorities began manipulating the content of individual Twitter accounts. There were reports of authorities forcing individuals to give them access to their Twitter accounts, which authorities then used to delete their tweets. In October tens of thousands of postings from human rights advocate Wu Gan were deleted.

Authorities continued to jail numerous internet writers for their peaceful expression of political views. On June 27, authorities subjected dissident author Peng Peiyu to a two-week detention. Peng’s critical writing included an essay entitled “On Xi: A Call to Arms,” which he posted online shortly before his arrest. According to his attorney, Peng had been detained “many times before.”

In addition there continued to be reports of cyber operations against foreign websites, journalists, and media organizations carrying information that the government restricted internet users in the country from accessing. As in the past, the government selectively blocked access to sites operated by foreign governments, including the websites or social media platforms of health organizations, educational institutions, NGOs, social networking sites, and search engines.

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

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

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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

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

Undergraduate students, regardless of academic major, must complete political ideology coursework on subjects such as Marxism, Maoism, and Deng Xiaoping thought. In July the Ministry of Education announced its intention to strengthen party leadership at all levels of private education, including K-12.

Multiple media reports cited a tightening of ideological controls on university campuses, with professors dismissed for expressing views not in line with party thought. In August an economics professor at Guizhou University was expelled from his university after posting online an article critical of the party. In September Xiamen University dismissed an assistant history professor for comments online that the university said “harmed the image of the party and the country.” Similar controls were applied to students. For example, a program in Chongqing required high school students to pass a review of their political ideology in order to take the national university entrance examination.

In June both foreign and domestic media reported a growing incidence of university professors being suspended or fired after their students reported them for comments deemed politically sensitive or inappropriate. In some cases the university assigned the students to act as informants.

In November media outlets reported crackdowns against student labor activists on Peking University and Renmin University campuses. Students and several recent graduates were detained and held incommunicado, one of whom was kidnapped from Peking University’s campus. Students on the scene were beaten, forced to the ground, and prevented from taking photographs or speaking by security forces. Renmin University officials allegedly harassed, threatened, employed surveillance against, and hindered the free movement of student activists (see section 7.a.).

In August the Financial Times reported foreign universities establishing joint venture universities in the country must establish internal CCP committees, granting greater decision-making power to CCP officials and reversing an earlier promise to guarantee academic freedom. In July the Financial Times reported a foreign academic was removed from the management board of the first joint venture university in the country for being critical of CCP-backed initiatives.

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

The CCP’s reach increasingly extended beyond the country’s physical borders. A survey of more than 500 China scholars outside the PRC found 9 percent of scholars reported having been “taken for tea” by Chinese government authorities in the past 10 years to be interviewed or warned about their research; 26 percent of scholars who conducted archival research reported being denied access; and 5 percent reported difficulties obtaining a visa. According to the survey, 68 percent of foreign scholars said self-censorship was a problem in the field of China studies.

The CCP actively promoted censorship of Chinese students outside the country, with media reporting examples of self-censorship and the use of financial incentives to tamp down anti-Chinese speech on foreign campuses.

Academics and intellectuals in Xinjiang, along with the hundreds of thousands of other Xinjiang residents, disappeared or died, most likely in internment camps. Some officials and academics were charged with being “two-faced,” a euphemism referring to members of minority groups serving state and party occupations who harbor “separatist” or “antiofficial” tendencies, including disagreeing with official restrictions on minority culture, language, and religion. Those disappeared and believed to be held in the camps included Rahile Dawut, an internationally known folklorist; Abdukerim Rahman, literature professor; Azat Sultan, Xinjiang University professor; Gheyretjan Osman, literature professor; Arslan Abdulla, language professor; Abdulqadir Jalaleddin, poet; and Yalqun Rozi, writer. Authorities detained former director of the Xinjiang Education Supervision Bureau Satar Sawut and removed Kashgar University president Erkin Omer and vice president Muhter Abdughopur; all were disappeared at year’s end. Courts delivered suspended death sentences for “separatism” to Halmurat Ghopur, former president of Xinjiang Medical University Hospital, and Tashpolat Tiyip, former president of Xinjiang University. Religious scholars Muhammad Salih Hajim and Abdulnehed Mehsum died in the camps, according to reports from international organizations during the year.

b. Freedom of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for freedom of peaceful assembly, the government severely restricted this right. The law stipulates such activities may not challenge “party leadership” or infringe upon the “interests of the state.” Protests against the political system or national leaders were prohibited. Authorities denied permits and quickly suppressed demonstrations involving expression of dissenting political views.

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

On March 20-30, more than one thousand residents from Longyan’s Changting County in Fujian province protested outside the local government office against the government’s plan to construct a garbage incinerator one kilometer (0.6 mile) from the town’s residential areas. On March 30, local authorities called in riot police to restore order. Later that day government officials announced they were canceling the planned incinerator project.

Concerts, sports events, exercise classes, or other meetings of more than 200 persons require approval from public security authorities. Large numbers of public gatherings in Beijing and elsewhere were canceled at the last minute or denied government permits, ostensibly to ensure public safety.

FREEDOM OF ASSOCIATION

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

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

In 2016 the CCP Central Committee issued a directive mandating the establishment of CCP cells within all domestic NGOs by 2020. According to authorities, these CCP organizations operating inside domestic NGOs would “strengthen guidance” of NGOs in areas such as “decision making for important projects, important professional activities, major expenditures and funds, acceptance of large donations, and activities involving foreigners.” The directive also mandates authorities conduct annual “spot checks” to ensure compliance on “ideological political work, party building, financial and personnel management, study sessions, foreign exchange, acceptance of foreign donations and assistance, and conducting activities according to their charter.”

In January 2017 the Law on the Management of Foreign NGOs’ Activities in Mainland China (Foreign NGO Management Law) came into effect. The law requires foreign NGOs to register with the Ministry of Public Security and to find a state-sanctioned sponsor for their operations. NGOs that fail to comply face possible civil or criminal penalties. The law provides no appeal process for NGOs denied registration, and it stipulates NGOs found to have violated certain provisions could be banned from operating in the country. The law also states domestic groups cooperating with unregistered foreign NGOs will be punished and possibly banned.

Some international NGOs reported it was more difficult to work with local partners, including universities, government agencies, and other domestic NGOs, as the law codified the CCP’s perception that foreign NGOs were a “national security” threat. Finding an official sponsor was difficult for most foreign NGOs, as sponsors could be held responsible for the NGOs’ conduct and had to undertake burdensome reporting requirements. After the Ministry of Public Security published a list of sponsors, NGOs reported most government agencies still had no unit responsible for sponsoring foreign NGOs. Professional Supervisory Units reported they had little understanding of how to implement the law and what authorities would expect of them. The vague definition of an NGO, as well as of what activities constituted “political” and therefore illegal activities, left many business organizations and alumni associations uncertain whether they fell within the purview of the law. The lack of clear communication from the government, coupled with harassment by security authorities, caused some foreign NGOs to suspend or cease operations in the country. As of December 31, approximately 439 of the officially estimated 7,000 previously operational foreign NGOs had registered under the Foreign NGO Management Law, with most focusing on trade and commerce activities.

According to the Ministry of Civil Affairs, by the end of 2017, there were more than 800,000 registered social organizations, public institutions, and foundations. Many experts believed the actual number of domestic NGOs to be much higher. Domestic NGOs reported foreign funding continued to drop, as many domestic NGOs sought to avoid such funding due to fear of being labeled as “subversive” in the face of growing restrictions imposed by new laws. NGOs existed under a variety of formal and informal guises, including national mass organizations created and funded by the CCP that are organizationally prohibited from exercising any independence, known as government-operated NGOs or GONGOs.

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

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

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

c. Freedom of Religion

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

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, but the government at times did not respect these rights.

While seriously restricting its scope of operations, the government occasionally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), which maintained an office in Beijing.

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

In some instances the government pressured other countries to return asylum seekers or UNHCR-recognized refugees forcibly. On July 13, Radio Free Asia reported a Chongqing court had secretly sentenced human rights activists Jiang Yefei and Dong Guangping in July 2017 for “inciting subversion of state power” and “illegally crossing a national border.” Jiang and Dong had fled to Thailand with their families and received refugee status from UNHCR, but Thailand then forcibly returned them from Bangkok in 2015. During their televised “confessions,” Jiang and Dong appeared to have sustained torture while in detention. The families received no notification from authorities concerning the trial. According to contacts, authorities denied Dong’s former lawyer permission to meet with his client when he visited the Chongqing Number 2 Detention Center in July 2017.

Abuse of Migrants, Refugees, and Stateless Persons: There were reports North Korean agents operated clandestinely within the country to repatriate North Korean citizens against their will. In addition, North Koreans detained by government authorities faced repatriation unless they could pay bribes to secure their release. North Korean refugees were either detained in holding facilities or placed under house arrest at undisclosed locations. Family members wanting to prevent forced returns of their North Korean relatives were required to pay fees to Chinese authorities purportedly to cover expenses incurred while in detention. While detained North Koreans were occasionally released, they were rarely given the necessary permissions for safe passage to a third country.

In-country Movement: Authorities continued to maintain tight restrictions on freedom of movement, particularly to curtail the movement of individuals deemed politically sensitive before key anniversaries, visits by foreign dignitaries, or major political events, as well as to forestall demonstrations. Freedom of movement for Tibetans continued to be very limited in the TAR and other Tibetan areas (see Tibet Addendum). Uighurs faced new restrictions on movement within Xinjiang and outside the region, as well. Although the use of “domestic passports” that called for local official approval before traveling to another area was discontinued in 2016, identification checks remained in place when entering or leaving cities and on public roads. In Xinjiang security officials set up checkpoints managing entry into public places, including markets and mosques, that required Uighurs to scan their national identity card, undergo a facial recognition check, and put any baggage through airport-style security screening. Such restrictions were not applied to Han Chinese in these areas. On September 26, the Urumqi Evening News announced Xinjiang railway administrative departments would stop selling tickets on all passenger services leaving Xinjiang starting on October 22. This occurred around the time reports surfaced about authorities criminally sentencing Uighurs and other Turkic Muslims en masse of groups of 200-500 persons from the internment camps to prisons in other parts of the country, such as Heilongjiang Province.

Although the government maintained restrictions on the freedom to change one’s workplace or residence, the national household registration system (hukou) continued to change, and the ability of most citizens to move within the country to work and live continued to expand. While many rural residents migrated to the cities, where the per capita disposable income was approximately three times the rural per capita income, they often could not change their official residence or workplace within the country. Most cities had annual quotas for the number of new temporary residence permits they could issue, and all workers, including university graduates, had to compete for a limited number of such permits. It was particularly difficult for rural residents to obtain household registration in more economically developed urban areas.

The household registration system added to the difficulties faced by rural residents, even after they relocated to urban areas and found employment. According to the Statistical Communique of the People’s Republic of China on 2017 National Economic and Social Development published in February by the National Bureau of Statistics of China, 291 million persons lived outside the jurisdiction of their household registration. Migrant workers and their families faced numerous obstacles with regard to working conditions and labor rights. Many were unable to access public services, such as public education for their children or social insurance, in the cities where they lived and worked because they were not legally registered urban residents.

From April to June, non-Beijing residents could apply for a Beijing hukou under the special municipality’s new points-based system. Under the new policy, nonnatives of the city under the legal retirement age who have held a Beijing temporary residence permit with the city’s social insurance records for seven consecutive years and were without a criminal record were eligible to accumulate points for the hukou. Those with “good employment, stable homes in Beijing, strong educational background, and achievements in innovation and establishing start-ups in Beijing” were reportedly likely to obtain high scores in the point-based competition. The city was to announce the new hukou winners in the fourth quarter of the year.

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

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

Border officials and police cited threats to “national security” as the reason for refusing permission to leave the country. Authorities stopped most such persons at the airport at the time of their attempted travel.

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

Uighurs, particularly those residing in Xinjiang, reported great difficulty in getting passport applications approved at the local level. They were frequently denied passports to travel abroad, particularly to Saudi Arabia for the Hajj, to other Muslim countries, or to Western countries for academic purposes. Since 2016 authorities ordered Xinjiang residents to turn in their passports or told residents no new passports were available. The passport recall, however, was not limited to Uighur areas. Foreign national family members of Uighur activists living overseas were also denied visas to enter the country. During the year the government continued its concerted efforts to compel Uighurs studying abroad to return to China, often pressuring relatives in Xinjiang to ask their overseas relatives to return. Authorities also refused to renew passports for Uighurs living abroad, leading them to either go home or pursue ways to maintain legal status in those countries. Upon return, many of these Uighurs, or persons connected with the Xinjiang residents, were detained or disappeared.

Tibetans faced significant hurdles in acquiring passports, and for Buddhist monks and nuns, it was virtually impossible. Authorities’ unwillingness to issue or even renew old passports for Tibetans created, in effect, a ban on foreign travel for the Tibetan population. Han Chinese residents of Tibetan areas did not experience the same difficulties.

The government continued to try to prevent many Tibetans and Uighurs from leaving the country and detained many while they attempted to leave (see Tibet Annex). Some family members of rights activists who tried to emigrate were unable to do so.

Exile: The law neither provides for a citizen’s right to repatriate nor addresses exile. The government continued to refuse re-entry to numerous citizens considered dissidents, Falun Gong activists, or “troublemakers.” Although authorities allowed some dissidents living abroad to return, dissidents released on medical parole and allowed to leave the country often were effectively exiled.

PROTECTION OF REFUGEES

Refoulement: The government forcibly returned vulnerable asylum seekers, especially North Korean asylum seekers. The government continued to consider North Koreans as “illegal economic migrants” rather than refugees or asylum seekers and forcibly returned many of them to North Korea.

Human rights groups reported a relatively large number of North Korean asylum seekers being held in detention in Liaoning Province and Jilin Province who were in danger of imminent refoulement.

Access to Asylum: The law does not provide for the granting of refugee or asylee status. The government did not have a system for providing protection to refugees but generally recognized UNHCR-registered refugees and asylum seekers. The government did not officially recognize these individuals as refugees; they remained in the country as illegal immigrants unable to work, with no access to education, and subject to deportation at any time.

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

Numerous NGOs reported the government continued to deny UNHCR access to North Korean refugees and asylum seekers. Authorities sometimes detained and prosecuted citizens who assisted North Korean refugees, as well as those who facilitated illegal border crossings.

Access to Basic Services: North Korean asylum seekers in the country seeking economic opportunities generally did not have access to health care, public education, or other social services due to lack of legal status.

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

Stateless Persons: International media reported as many as 30,000 children born to North Korean women in China, most of whom were married to Chinese spouses, had not been registered because their North Korean parent was undocumented, leaving the children de facto stateless. These children were denied access to public services, including education and health care, despite provisions in the law that provide citizenship to children with at least one PRC citizen parent.

Section 3. Freedom to Participate in the Political Process

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

In March the National People’s Congress removed the two-term limit for the positions of president and vice president, clearing the way for Xi Jinping to remain in office.

Elections and Political Participation

Recent Elections: On March 4, the NPC’s 2,980 delegates elected the president and vice president, the premier and vice premiers, and the chairman of the Central Military Commission. The NPC Standing Committee, which consisted of 175 members, oversaw the elections and determined the agenda and procedures for the NPC. The selection of NPC members takes place every five years, and the process is controlled by the CCP.

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

According to Ministry of Civil Affairs’ 2016 statistics, almost all of the country’s more than 600,000 villages had implemented direct elections for members of local subgovernmental organizations known as village committees. The direct election of officials by ordinary citizens remained narrow in scope and strictly confined to the lowest rungs of local governance. Corruption, vote buying, and interference by township-level and CCP officials continued to be problems. The law permits each voter to cast proxy votes for up to three other voters.

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

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

No laws or regulations specifically govern the formation of political parties. The China Democracy Party (CDP) remained banned, and the government continued to monitor, detain, and imprison current and former CDP members. CDP founder Qin Yongmin, detained with his wife Zhao Suli in 2015, remained at the Wuhan Number 2 Detention Center awaiting trial for “subversion of state power.”

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. Women and members of minority groups held few positions of significant influence in the government or CCP structure. Among the 2,987 appointed delegates to the 13th NPC in the year, 742 (25 percent) were women. Following the 19th Party Congress, one member of the CCP Central Committee’s 25-member Politburo was a woman. There were no women in the Politburo Standing Committee.

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

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

Section 4. Corruption and Lack of Transparency in Government

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

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

On March 20, the NPC adopted the National Supervision Law, which codifies the joint National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI). The NSC-CCDI is charged with rooting out corruption. NSC-CCDI investigations can target any public official, including police, judges, and prosecutors, and can investigate and detain individuals connected to targeted public officials. The creation of the NSC essentially vested the CCDI, the CCP’s internal discipline investigation unit that sits outside of the judicial system, with powers of the state. Rules governing NSC-CCDI investigations, operations, and detentions remained unclear.

Formerly, the CCDI, a party (not state) organ, relied on an informal detention system–known as shuanggui–to hold party members suspected of party rule violations while a discipline investigation was underway. NSC-CCDI detention, known as liuzhi, faced allegations of detainee abuse and torture. Liuzhi detainees are held incommunicado and have no recourse to appeal their detention. While detainee abuse is proscribed by the National Supervision Law, the mechanism for detainees to report abuse is unclear. According to the compensation law, however, suspects wrongly accused of corruption can receive compensation for time spent in liuzhi.

Although liuzhi operates outside the judicial system, confessions given while in liuzhi have been used as evidence in judicial proceedings. According to press reports and an NGO report released in August, liuzhi retained many characteristics of shuanggui, such as extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days.

The first reported death inside a liuzhi detention facility occurred several weeks after the enactment of the National Supervision Law. On April 9, the Fujian provincial NSC-CCDI took Chen Yong, a former government driver in Jianyang District, into liuzhi so authorities could gather information into Lin Qiang, a vice director of the district, who was suspected of corruption. On May 5, NSC-CCDI officials notified Chen’s family he was in detention and when they arrived, they found him deceased in a morgue refrigerator. His sister told Caixin Media his face was “disfigured” and his chest was caved in with black and blue bruises on his waist. Officials stopped her from examining his lower body.

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

While the tightly controlled state media apparatus publicized some notable corruption investigations, as a general matter, very few details were made public regarding the process by which CCP and government officials were investigated for corruption. In September Meng Hongwei, serving as the country’s first Interpol president in Lyon, France, while retaining his position as a Chinese Ministry of Public Security vice minister, disappeared after arriving in China on a September 25 flight. Media outlets reported Meng was taken into custody by “discipline authorities” upon his arrival into China for suspected corruption. The government announced Meng was being monitored while the NSC-CCDI investigated him and his associates for allegedly taking bribes, and at year’s end the case remained unresolved.

In August anticorruption bodies punished 31 officials in Langfang, Hebei, following the high-profile suicide of Zhang Yi, president of the Langfang Chengnan Orthopedic Hospital. In his suicide note, Zhang alleged Yang Yuzhong, a former deputy at the Anci District People’s Congress, had engaged in corrupt practices and had interfered in the hospital’s management and misappropriated hospital funds. Hebei investigative authorities revealed government and CCP officials shielded Yang Yuzhong and his criminal organization that used intentional injury, forced transactions, violent demolition, and forged seals for illegal interests. Among the officials punished were a former chairman of the Anci District Committee of the Chinese People’s Political Consultative Conference, a current police station chief, village party secretaries, and the deputy head of the district’s construction bureau. The investigation was part of a central government campaign against criminal organizations and officials who protect them. From February to year’s end, 427 persons throughout Hebei had been investigated in connection with this campaign.

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

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

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

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

The government used its membership on the UN Economic and Social Council’s Committee on NGOs to block groups critical of China from obtaining UN accreditation and barring accredited activists from participating in UN events. The government also retaliated against human rights groups working with the United Nations, eliciting the criticism of UN Secretary-General Antonio Guterres. In May the government requested the UN NGO Committee remove the accreditation of the German NGO the Society for Threatened Peoples after it assisted Dolkun Isa, the president of the World Uyghur Congress, in attending the UN Permanent Forum on Indigenous Issues.

Government Human Rights Bodies: The government maintained each country’s economic, social, cultural, and historical conditions determined its approach to human rights. The government claimed its treatment of suspects, considered to be victims of human rights abuses by the international community, was in accordance with national law. The government did not have a human rights ombudsman or commission.

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

Women

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

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

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

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

On March 18, the Guangzhou Municipal Women’s Association, the Guangzhou Bar Association, and the Yuexiu District Court hosted a public roadshow aimed at raising awareness about domestic violence on the second anniversary of the Anti-Domestic Violence Law. Legal advisors from the Bar Association and the court provided free consultations at the event and noted keeping key evidence, such as hospital records or communication history, is crucial in legal proceedings.

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

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

On June 20 in Qingyang, Gansu Province, a 19-year-old woman surnamed Li jumped to her death after allegedly suffering sexual harassment by her teacher, surnamed Wu. According to Li’s father, the Qingyang People’s Court May 18 decision to dismiss her sexual harassment case against Wu triggered her suicide. On June 25, the local bureau of education announced it had administratively punished Wu by giving him 10 days of detention. Li’s father reportedly refused an offer from the school of 350,000 yuan ($53,200) in exchange for dropping the case, instead demanding a public apology from the school and for Wu to be held accountable. Wu was later terminated from his post and barred from teaching.

Although many women experienced workplace sexual harassment, very few reported it. Human Rights Watch cited one statistic showing nearly 40 percent of women said they experienced sexual harassment in the workplace. A Guangzhou journalist found among 400 journalists she polled, more than 80 percent said they had suffered workplace sexual harassment.

The Law on the Protection of Women’s Rights and Interests empowers victims to file a sexual harassment complaint with their employer, authorities, or both. Employers who failed to take effective measures to prevent sexual harassment could be fined. On July 1, Jiangsu Province enacted new legislation that details specific measures employers must take to protect employees against sexual harassment in the workplace. Under the new law, employers are required to establish internal regulations against harassment, provide training to employees to prevent harassment, create a complaint channel for employees who allege harassment, and address the complaints in a timely manner. Observers noted the law did not specify a timeline for compliance, nor did it spell out penalties for noncompliance.

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

On July 25, a former female intern said, after she reported to police that prominent television host Zhu Jun had forcibly kissed and groped her, police forced her to withdraw the complaint. The police claimed Zhu, as host of the annual Spring Festive gala on state media, had “enormous ‘positive influence’ on society.” Zhu then demanded the woman and her friend who shared the case online apologize online and in a national newspaper, pay compensation of 655,000 yuan ($95,260), and cover the costs of legal fees for the case. In response the former intern’s friend applied to file her own civil suit against Zhu for “infringement of personality rights.”

In August an investigation concluded Xuecheng, abbot of the well-known Longquan Temple on the outskirts of Beijing, had sexually harassed female disciples via text messages, according to a statement posted on the website of the National Religious Affairs Administration. One of the country’s best-known monks and authors, Xuecheng was an influential political adviser to the central government while heading the national Buddhist association.

Coercion in Population Control: There were reports of coerced abortions and sterilizations, although government statistics on the percentage of abortions that were coerced during the year was not available. The CCP restricts the rights of parents to choose the number of children they have and utilizes family planning units from the provincial to the village level to enforce population limits and distributions. The Population and Family Planning Law permits married couples to have two children and allows couples to apply for permission to have a third child if they meet conditions stipulated in local and provincial regulations. State media claimed the number of coerced abortions had declined in recent years in the wake of loosened regulations, including the implementation of the two-child policy. Nevertheless, citizens were subject to hefty fines for violating the law, while couples who had only one child received a certificate entitling them to collect a monthly incentive payment and other benefits that vary by province–from approximately six to 12 yuan (one to two dollars) per month up to 3,000 yuan ($450) for farmers and herders in poor areas. Couples in some provinces were required to seek approval and register before a child was conceived.

According to international press reports, an ethnic Kazakh reported the government forced her and others in Xinjiang to abort their third child. She said in December 2017 police entered her home, forced her to undergo a medical check, and determined she was six weeks’ pregnant. The next day those authorities ordered her to get an abortion. Although initially refusing, she consented when they threatened to send her brother to an internment camp, which authorities did anyway after the abortion was completed. Her husband demanded compensation for their lost child.

Under the law and in practice, there are financial and administrative penalties for births that exceed birth limits or otherwise violate regulations. The law, as implemented, requires each woman with an unauthorized pregnancy to abort or pay the social compensation fee, which can reach 10 times a person’s annual disposable income. The exact amount of the fee varied widely from province to province. Those with financial means often paid the fee so that their children born in violation of the birth restrictions would have access to a wide array of government-provided social services and rights. Some parents avoided the fee by hiding children born in violation of the law with friends or relatives. In localities with large populations of migrant workers, officials specifically targeted migrant women to ensure they did not exceed birth limitations. Minorities in some provinces, however, were entitled to higher limits on their family size.

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

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

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

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

Although many local governments encouraged couples to have a second child, families with three or more children still must pay a “social compensation fee.” In Fuzhou City, Fujian Province, one local district added the names of those who refused to pay social compensation fees to a “personal credit black list.” This listing affects one’s ability to request loans, take public transportation, purchase items, educating their children, and joining tours.

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

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

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

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

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

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

In October local government officials in Tangshan, Hebei Province, informed a woman that her land rights had been conferred to her ex-husband’s hukou after their divorce. Officials urged her to negotiate with her ex-husband to divide the land interests or petition the local court to divide up the former couple’s unsettled assets.

Children

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

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

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

In October video circulated online of a father allegedly molesting his five-year-old daughter on a train in southeastern China. The video showed a man with the child on his lap, repeatedly lifting her shirt, caressing her back, and trying to kiss her several times on the mouth. Nanchang Railway Police, Jiangxi Province, concluded the father’s actions did not constitute molestation, as it was a father-daughter relationship, and thus could not be deemed illegal. The incident incited widespread public criticism on the Nanchang police station’s Weibo post of its statement.

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

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

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

The law provides persons broadcasting or showing obscene materials to minors younger than 18 are to be “severely punished.”

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

Displaced Children: The detention of an estimated 800,000 to two million or more Uighurs, ethnic Kazakhs, and other Muslims in Xinjiang left many children without caregivers. While many of these children had other family willing to care for them, the government began placing the children of detainees in orphanages, boarding schools, or “child welfare guidance centers,” where they were forced to shout patriotic slogans, learn Mandarin Chinese, and answer questions about their parents’ religious beliefs and practices. The total number of such children was unknown, especially as many of these facilities were also used for orphans and regular students. Government policy aims to provide such children with state-sponsored care until they reach age 18. Media reports showed new construction for orphanages in Xinjiang greatly escalated in 2017 and 2018 to house thousands of children of parents being held in internment camps. In Hotan some boarding schools were topped with barbed wire.

Institutionalized Children: In July authorities in Henan Province’s Xinmi City shuttered legally licensed orphanage Sino-American Nonprofit Cooperative Services (SANCS) House of Mercy under the Law on Foreign Involvement in Nongovernment Organizations on the grounds that foreigners were no longer allowed to be involved in the NGO space. The orphanage, which had been operating since 1996, was run by both foreign and Chinese staff and sponsored by the Catholic Church. At the time of closing, SANCS housed more than 50 children, only 13 of whom had been confirmed to have a new home; others previously housed at the facility once again became homeless.

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

Anti-Semitism

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

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

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

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

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

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

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

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

The law forbids the marriage of persons with certain mental disabilities, such as schizophrenia. If doctors find a couple is at risk of transmitting congenital disabilities to their children, the couple may marry only if they agree to use birth control or undergo sterilization. In some instances officials continued to require couples to abort pregnancies when doctors discovered possible disabilities during prenatal examinations. The law stipulates local governments are to employ such practices to raise the percentage of births of children without disabilities.

National/Racial/Ethnic Minorities

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

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

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

In 2017 the Xinjiang government also implemented new “Deradicalization Regulations,” codifying efforts to “contain and eradicate extremism,” according to Xinhua. The broad definition of extremism resulted in the reported detention since 2017 of 800,000 to possibly more than two million Uighurs, ethnic Kazakhs, and other Muslims in “transformation through education” centers, or internment camps, designed to instill patriotism and erase their religious and ethnic identities. This included many of those ordered to return to China from studying or working abroad. International media reported security officials in the centers abused, tortured, and killed some detainees (see sections 1.a, 1.b, 1.c, 1.d, and 2.d.).

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

Outside of the internment camps, the government implemented severe restrictions on expressions of minorities’ culture, language, and religious identity, including regulations prohibiting behaviors the government considered signs of “extremism” such as growing “abnormal” beards, wearing of veils in public places, and suddenly stopping smoking and drinking alcohol, among other behaviors. The regulations banned the use of some Islamic names when naming children and set punishments for the teaching of religion to children. Authorities conducted “household surveys” and “home stays” in which officials or volunteers forcibly lived in Uighurs’ homes and monitored families for signs of “extremism.”

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

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

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

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

Uighurs and other religious minorities continued to be sentenced to long prison terms and in some cases executed without due process on charges of separatism and endangering state security. The government constructed new prisons in Xinjiang to alleviate the overcapacity of existing facilities, according to credible sources. In 2016 and 2017, the Xinjiang regional government posted advertisements to recruit nearly 100,000 security personnel, international media reported. Economist Ilham Tohti remained in prison, where he was serving a life sentence after his conviction on separatism-related charges in 2014.

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

Ethnic Kazakh Chinese were also targeted, Radio Free Asia and other international media reported. In August Sayragul Sauytbay, an ethnic Kazakh Chinese citizen, testified in a Kazakhstan court that she was forced to work in a center where an estimated 2,500 ethnic Kazakhs were detained. She told the court she had to undergo “political indoctrination” at the camp. Kazakhs were also prevented from moving freely between China and neighboring Kazakhstan, and some were detained in re-education centers when returning to China.

The government pressured foreign countries to repatriate or deny visas to Uighurs who had left the country, and repatriated Uighurs faced the risk of imprisonment and mistreatment upon return. Some Uighurs who were forcibly repatriated disappeared after arriving in China. Family members of Uighurs studying overseas were also pressured to convince students to return to China, and returning students were detained or forced to attend re-education camps, according to overseas media.

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

For specific information on Tibet, see the Tibet Annex.

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

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

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

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

In November domestic and international media reported the Wuhu County Court in Anhui Province sentenced a novelist, surnamed Liu, to 10 years and six months’ imprisonment for self-publishing and selling an erotic novel that described same-sex acts. Liu, who wrote under the alias Tianyi, published her novel Occupy in 2017 and sold 7,000 copies on the popular Taobao platform before authorities banned it. Although the production and sale of pornography is strictly prohibited, official and social media reaction contrasted this sentence with lesser sentences given to violent offenders. Liu filed an appeal of the ruling.

In May and June, authorities in the southwest interfered in several public LGBTI-related activities in honor of Pride Month. In one case police interrupted a film screening. In another case they pressured a reserved venue to cancel a panel discussion on LGBTI access to health care.

HIV and AIDS Social Stigma

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

On January 3, a public hospital in Haikou refused to operate on a patient it determined was HIV positive and insisted on transferring him to another hospital, citing they did not have adequate sterilization equipment for such a risky surgery. Local NGO Red Ribbon helped the patient find another hospital.

According to the law, companies may not demand HIV antibody tests nor dismiss employees for having HIV. On April 28, an employee in Sichuan Province was reinstated at work and received additional compensation after he reached a legal settlement with his employer, which had previously terminated his employment after he was diagnosed HIV-positive.

Other Societal Violence or Discrimination

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law does not provide for freedom of association, and workers are not free to organize or join unions of their own choosing. The All China Federation of Trade Unions (ACFTU) is the only union recognized under the law. Independent unions are illegal, and the law does not protect the right to strike. The law allows for collective wage bargaining for workers in all types of enterprises. The law further provides for industrial sector-wide or regional collective contracts, and enterprise-level collective contracts were generally compulsory throughout the country. Regulations require the government-controlled union to gather input from workers prior to consultation with management and to submit collective contracts to workers or their congress for approval. There is no legal obligation for employers to negotiate or to bargain in good faith, and some employers refused to do so.

The law provides for legal protections against discrimination against the officially sanctioned union and specifies union representatives may not be transferred or terminated by enterprise management during their term of office. The law provides for the reinstatement of workers dismissed for official union activity as well as for other penalties for enterprises that engage in antiunion activities. The law does not protect workers who request or take part in collective negotiations with their employers independent of the officially recognized union. In several cases reported during the year, workers attempting to do so faced reprisals including forced resignation, firing, and detention.

All union activity must be approved by and organized under the ACFTU, a CCP organ chaired by a member of the Politburo. The ACFTU and its provincial and local branches continued to establish new constituent unions and add new members, especially among migrant workers, in large, multinational enterprises. The law gives the ACFTU financial and administrative control over constituent unions empowered to represent employees in negotiating and signing collective contracts with enterprises and public institutions. The law does not mandate the ACFTU to represent the interests of workers in disputes.

The ACFTU and the CCP used a variety of mechanisms to influence the selection of trade union representatives. Although the law states trade union officers at each level should be elected, ACFTU-affiliated unions appointed most factory-level officers, often in coordination with employers. Official union leaders were often drawn from the ranks of management. Direct election by workers of union leaders continued to be rare, occurred only at the enterprise level, and was subject to supervision by higher levels of the union or the CCP. In enterprises where direct election of union officers took place, regional ACFTU officers and local CCP authorities retained control over the selection and approval of candidates. Even in these cases, workers and NGOs expressed concern about the credibility of elections.

The law does not expressly prohibit work stoppages and does not prohibit workers from striking spontaneously. Although authorities appeared more tolerant of strikes protesting unpaid or underpaid wages, reports of police crackdowns on strikes continued throughout the year. For example, on May 27, police in Lu’an, Anhui Province, suppressed a group of teachers calling for wage parity with local civil servants, as mandated in the 1994 Teachers Law. Wage-related issues constituted 82 percent of the 6,694 strikes and collective protests recorded during 2015-17 by the Hong Kong-based labor rights NGO China Labor Bulletin.

In cases where local authorities cracked down on strikes, they sometimes charged leaders with vague criminal offenses, such as “picking quarrels and provoking trouble,” “gathering a crowd to disturb public order,” or “damaging production operations,” or detained them without any charges. The only legally specified roles for the ACFTU in strikes are to participate in investigations and to assist the Ministry of Human Resources and Social Security in resolving disputes.

Enforcement was generally insufficient to deter wide-scale violations. Labor inspectors lacked authority and resources to compel employers to correct violations. While the law outlines general procedures for resolving disputes, procedures were lengthy and subject to delays. Local authorities in some areas actively sought to limit efforts by independent civil society organizations and legal practitioners. Some areas maintained informal quotas on the number of cases allowed to proceed beyond mediation to arbitration or the courts. Some local government authorities took steps to increase mediation or arbitration. For example, on March 6, the Maoming Municipal Intermediate Court and Maoming Municipal Trade Union jointly established the Labor Arbitration and Mediation Coordination Office to facilitate better communication and ease tensions in labor disputes. An official from the local People’s Congress noted the increasing number of arbitrations, lengthy legal proceedings, and high litigation costs were not helpful in constructing positive and harmonious labor-capital relations.

Despite the appearances of a strong labor movement and relatively high levels of union registration, genuine freedom of association and worker representation did not exist. The ACFTU constituent unions were generally ineffective in representing and protecting the rights and interests of workers. Workers generally did not view the ACFTU as an advocate, especially migrant workers who had the least interaction with union officials.

China Labor Bulletin reported workers throughout the country engaged in wildcat strikes, work stoppages, and other protest actions and claimed the workers’ actions were indicative of the ACFTU’s inability to prevent violations and resolve disputes. Media reported a number of protests at factories in the southern part of the country.

The government increasingly targeted labor activists, students, and others advocating for worker rights during the year. For example, beginning in July and continuing through the end of the year, the government detained multiple workers, students, NGO representatives, lawyers, and others in response to demonstrations and online posts in support of workers attempting to form a union at Jasic Technology, a manufacturer of industrial welding equipment in Shenzhen. Workers at the factory reportedly tried to establish a trade union in response to complaints of low pay and poor working conditions. Although the lead organizers of the union reportedly received some information and assistance to set up an enterprise-level union from the local ACFTU branch, company management subsequently set up an enterprise union, selected management representatives to serve as union leaders, and fired the workers who had attempted to organize a union. Following protests by the workers in July, the lead organizers were reportedly physically attacked, inciting protests in Shenzhen and elsewhere. Guangdong labor activists, the Maoist organization Wu-You-Zhi-Xiang, leftist university students, and Hong Kong trade unions supported the protests.

Shenzhen police reportedly detained approximately 30 workers and representatives from the Dagongzhe Worker’s Center for their alleged connection with the Jasic protests. Several of the worker activists were charged with “gathering a crowd to disrupt social order.” Authorities also reportedly raided the offices of “Pioneers of the Times” and a Beijing-based publisher “Red Reference,” and criminally detained a staff member of “Red Reference.” On August 24, authorities in Guangdong, Beijing, and other parts of the country detained multiple workers and students from Peking, Renmin, and Nanjing Universities who had been supporting the workers. In early November the government detained nine student organizers and factory workers in Beijing, Shanghai, and Shenzhen and three activists in Wuhan. The government also detained two local ACFTU officials in Shenzhen in November. Authorities detained and questioned additional students in December.

Despite restrictions on worker action, joint action across provinces took place in several other sectors. For example, on May 1, a strike by crane drivers in the construction industry spread nationwide as operators demanded pay raises in a number of cities, including Yulin and Chongzuo in Guangxi, and Xiamen, Fujian Province. In June protests by truck drivers over stagnant pay, high fuel costs, and arbitrary fines took place at various locations in Shandong, Sichuan, Chongqing, Anhui, Guizhou, Jiangxi, Hubei, Henan, and Zhejiang Provinces, as well as in the Shanghai Special Municipality.

Coordinated efforts by governments at the central, provincial, and local levels, including harassment, detention, and the imposition of travel restrictions on labor rights defenders and restrictions on funding sources for NGOs, disrupted labor rights advocacy. Labor activist and 1989 prodemocracy movement veteran Liu Shaoming remained in custody after the Guangzhou Intermediate People’s Court sentenced him to four and one-half years’ imprisonment in 2017 for “inciting subversion of state power.”

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced and compulsory labor. Although domestic media rarely reported forced labor cases and the penalties imposed, the law provides a range of penalties depending on the circumstances, including imprisonment, criminal detention, and fines. It was unclear whether the penalties were sufficient to deter violations. Where there were reports forced labor of adults and children occurred in the private sector, the government reportedly enforced the law.

Although in 2013 the NPC officially abolished the re-education through labor system, an arbitrary system of administrative detention without judicial review, some media outlets and NGOs reported forced labor continued in some drug rehabilitation facilities where individuals continued to be detained without judicial process.

There were anecdotal reports some persons detained in the internment camps (see section 6) were subjected to forced labor. In December a press report stated apparel made at a forced labor camp in Xinjiang was imported by a U.S. athletic gear provider. Local authorities in Hotan prefecture, Xinjiang, also reportedly required some Uighur women and children not in the camps to perform forced labor.

There were several reports small workshops and factories subjected persons with mental disabilities to forced labor.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children under the age of 16. It refers to workers between the ages of 16 and 18 as “juvenile workers” and prohibits them from engaging in certain forms of dangerous work, including in mines. The government did not effectively enforce the law.

The law specifies administrative review, fines, and revocation of business licenses of enterprises that illegally hire minors and provides underage working children be returned to their parents or other custodians in their original place of residence. The penalty is imprisonment for employing children younger than age 16 in hazardous labor or for excessively long hours, but a gap remained between legislation and implementation despite annual inspection campaigns launched by local authorities across the country. It was unclear whether the penalties were sufficient to deter violations.

In January two French NGOs filed legal cases against Samsung for the company’s alleged use of child labor and other abuses at its manufacturing plants in China. Samsung’s suppliers in Dongguan had previously been criticized for using child labor from vocational schools.

Abuse of the student-worker system continued; as in past years, there were allegations that schools and local officials improperly facilitated the supply of student laborers. On March 17, for example, parents of students at the Guilin Electronic Vocational School reported to the authorities that more than 100 student interns had been working at an air conditioning manufacturer’s production line as apprentices. The students reportedly worked 12 hours a day with no breaks, no pay, no holidays, and no sick leave. On March 30, the Guilin Municipal Education Bureau issued an administrative warning to the Guilin Electronic Vocational School, ordering the school to recall all students from the air conditioning manufacturer, located in Guangdong’s Jiangmen Municipality, and instructed the school to prevent the situation from recurring.

d. Discrimination with Respect to Employment and Occupation

The law provides some basis for legal protection against employment discrimination on the grounds of ethnicity, race, gender, religious belief, disability, age, and infectious or occupational diseases. The government did not effectively implement the laws. Enforcement clauses include the right to pursue civil damages through the courts. Courts were generally reluctant to accept discrimination cases, and authorities at all levels emphasized negotiated settlements to labor disputes. As a result there were few examples of enforcement actions that resulted in final legal decisions. Discrimination in employment was widespread, including in recruitment advertisements that discriminated based on gender, age, height, birthplace, and physical appearance and health status (see section 6).

Workplace discrimination against women was common during the year. The mandatory retirement age for women was 50 for those in blue-collar jobs and 55 for those in white-collar jobs. The retirement age for men was 60 across the board.

A 2015 All China Federation of Women survey in institutions for higher education revealed more than 80 percent of women graduates reported they had suffered discrimination in the recruitment process. Examples of discrimination included job advertisements seeking pretty women, or preferring men, or requiring higher education qualifications from women compared to men for the same job. Survey results showed women were less likely to be invited for interviews or called back for a second round of interviews. In interviews some women were asked whether they had children, how many children they had, and whether they planned to have children or more children if they had a child already.

On March 5, Yuan, a former sales manager of Mead Johnson Nutrition Corporation in Guangzhou, filed a lawsuit against her former employer alleging pregnancy discrimination. Mead Johnson fired Yuan for absenteeism after she traveled and gave birth to a baby in Houston during her maternity leave in September 2016. The company also refused to recognize the hospital’s medical records, citing employees should use maternity leave only to cover medical situations during pregnancy.

The hukou system remained the most pervasive form of employment-related discrimination, denying migrant workers access to the full range of social benefits, including health care, pensions, and disability programs, on an equal basis with local residents.

e. Acceptable Conditions of Work

There is no national minimum wage, but the law generally requires local and provincial governments to set their own minimum wage rates for both the formal and informal sectors according to standards promulgated by the Ministry of Human Resources and Social Security. By law employees are limited to working eight hours a day and 40 hours per week; work beyond this standard is considered overtime. It also prohibits overtime work in excess of three hours per day or 36 hours per month and mandates premium pay for overtime work.

During the year the government established a new Ministry of Emergency Management that incorporated parts of the former State Administration for Work Safety; the ministry sets and enforces occupational health and safety regulations. The law requires employers to provide free health checkups for employees working in hazardous conditions and to inform them of the results. The law also provides workers the right to report violations or remove themselves from workplace situations that could endanger their health without jeopardy to their employment.

Regulations state labor and social security bureaus at or above the county level are responsible for enforcement of labor laws. Companies that violate occupational, safety, and health regulations face various penalties, including suspension of business operations or rescission of business certificates and licenses.

The government did not effectively enforce the law. Penalties were not adequate to deter violations and were seldom enforced. The number of inspectors was insufficient to monitor working conditions and did not operate in the informal sector. Although the country’s worker safety record improved over the past seven years, there were a number of workplace accidents during the year. Media and NGO reports attributed them to a lack of safety checks, weak enforcement of laws and regulations, ineffective supervision, and inadequate emergency responses.

Nonpayment of wages remained a problem in many areas. Governments at various levels continued efforts to prevent arrears and to recover payment of unpaid wages and insurance contributions.

Unpaid wages have been an acute problem in the construction sector for decades due to the prevalence of hiring subcontracted low-wage migrant workers. This informal hiring scheme made rural laborers susceptible to delayed payment or nonpayment for their work, prompting them to join in collective action. Workers occasionally took drastic measures to demand payment. In July the Ministry of Human Resources and Social Security claimed it had helped more than one million workers recover a total of 10.88 billion yuan ($1.62 billion) in unpaid wages owed in the first half of the year. According to the Guangzhou Court, for example, from 2015 to 2017 the city’s courts tried 111 criminal cases for wage arrears disputes involving 4,880 victims and 30.62 million yuan ($4.4 million) in wages. The court reported 116 persons were convicted for malintent refusal to pay their employees’ wages.

Companies continued to relocate or close on short notice, often leaving employees without adequate recourse for due compensation.

Workers in the informal sector often lacked coverage under labor contracts, and even with contracts, migrant workers in particular had less access to benefits, especially social insurance. Workers in the informal sector worked longer hours and earned less than comparable workers in the formal sector. In June truck drivers in multiple cities protested stagnant pay and poor working conditions (also see section 7.a.).

Without providing exact numbers, the Ministry of Emergency Management announced in July the number of workplace accidents fell. The ministry also reported while accident and death rates in most sectors were declining, in the construction sector these rates had steadily increased since 2016, making the sector the one with the highest number of accidents and deaths of any industrial and commercial sector for the last nine years. In January, May, and July, media reported more than 100 former construction workers affected by pneumoconiosis from Hunan made three trips to Shenzhen to petition for long overdue compensation for the occupational illness they contracted while working in the city during the 1990s.

According to several official documents published during the year, occupational diseases were prevalent. Patients came from many industries, including coal, chemical engineering, and nonferrous metals.

Although there were fewer news reports on coal mine accidents during the year, the coal mining industry remained extremely deadly. According to the Ministry of Emergency Management, there were 219 coal mine accidents in 2017, causing 375 deaths, which represented a drop of 12 percent and 28.7 percent year-on-year, respectively. On May 9, five persons died when methane gas exploded in a coal mine in central Hunan Province. On August 6, a coal mine gas explosion in Guiyang Province killed 13 miners. In October a coal mine collapse in Shandong Province left 21 dead.

Work accidents also remained widespread in other industries. On June 5, for example, 11 persons were killed and nine injured in an iron mine blast in Liaoning Province. On August 12, a chemical plant blast in Sichuan Province killed 19 and injured 12.

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Iran

Executive Summary

The Islamic Republic of Iran is an authoritarian theocratic republic with a Shia Islamic political system based on velayat-e faqih(guardianship of the jurist or governance by the jurist). Shia clergy, most notably the rahbar (supreme jurist or supreme leader), and political leaders vetted by the clergy dominate key power structures.

The supreme leader is the head of state. The members of the Assembly of Experts are in theory directly elected in popular elections, and the assembly selects and may dismiss the supreme leader. The candidates for the Assembly of Experts, however, are vetted by the Guardian Council (see below) and are therefore selected indirectly by the supreme leader himself. Ayatollah Ali Khamenei has held the position since 1989. He has direct or indirect control over the legislative and executive branches of government through unelected councils under his authority. The supreme leader holds constitutional authority over the judiciary, government-run media, and armed forces, and indirectly controls internal security forces and other key institutions. While mechanisms for popular election exist for the president, who is head of government, and for the Islamic Consultative Assembly (parliament or majles), the unelected Guardian Council vets candidates and controls the election process. The supreme leader appoints half of the 12-member Guardian Council, while the head of the judiciary (who is appointed by the supreme leader) appoints the other half. Candidate vetting excluded all but six candidates of 1,636 individuals who registered for the 2017 presidential race. In May 2017 voters re-elected Hassan Rouhani as president. Restrictions on media, including censoring campaign materials and preventing prominent opposition figures from speaking publicly, limited the freedom and fairness of the elections.

Civilian authorities maintained effective control over the security forces.

In response to nationwide protests that began in late December 2017 and continued throughout the year, the government used harsh tactics against protesters. Human rights organizations reported at least 30 deaths of protesters during the year, thousands of arrests, and suspicious deaths in custody.

The government’s human rights record remained extremely poor and worsened in several key areas. Human rights issues included executions for crimes not meeting the international legal standard of “most serious crimes” and without fair trials of individuals, including juvenile offenders; numerous reports of unlawful or arbitrary killings, forced disappearance, and torture by government agents; harsh and life-threatening prison conditions; systematic use of arbitrary detention and imprisonment, including hundreds of political prisoners; unlawful interference with privacy; severe restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminalization of libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; egregious restrictions of religious freedom; restrictions on political participation; widespread corruption at all levels of government; unlawful recruitment of child soldiers by government actors to support the Assad regime in Syria; trafficking in persons; harsh governmental restrictions on the rights of women and minorities; criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or conduct; crimes involving violence or threats of violence targeting LGBTI persons; and outlawing of independent trade unions.

The government took few steps to investigate, prosecute, punish, or otherwise hold accountable officials who committed these abuses, many of which were perpetrated as a matter of government policy. Impunity remained pervasive throughout all levels of the government and security forces.

The country materially contributed to human rights abuses in Syria, through its military support for Syrian President Bashar Assad and Hizballah forces there; in Iraq, through its aid to certain Iraqi Shia militia groups; and in Yemen, through its support for Houthi rebels and directing authorities in Houthi-controlled areas of Yemen to harass and detain Bahais because of their religious affiliation.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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

The government and its agents reportedly committed arbitrary or unlawful killings, most commonly by execution after arrest and trial without due process, or for crimes that did not meet the international threshold of “most serious crimes.” Media and human rights groups also documented numerous suspicious deaths while in custody or following beatings of protesters by security forces throughout the year.

Following the January protests, according to a Center for Human Rights in Iran (CHRI) report, at least two detainees died in detention–Sina Ghanbari in Evin Prison, and Vahid Heydari in the 12th Police Station in Arak. According to the report, the bodies of the detainees were quickly buried without an investigation or autopsy, and officials claimed the deaths were suicides. Witnesses reportedly saw evidence of a severe blow to Heydari’s skull, as though struck by an axe. The government made few attempts to investigate allegations of deaths that occurred after or during torture or other physical abuse, after denying detainees medical treatment, or during public demonstrations. In August Human Rights Watch (HRW) reported at least 30 persons had been killed in protests since January. HRW reported there was no indication that officials conducted impartial investigations into those deaths or, more broadly, into law enforcement officials’ use of excessive force to repress protests.

As noted by the late UN special rapporteur (UNSR) on the situation of human rights in the Islamic Republic of Iran, Asma Jahangir, and documented by international human rights observers, Revolutionary Courts continued to issue the vast majority of death sentences in the country, and trials lacked due process. Legal representation was denied during the investigation phase, and in most cases, no evidence other than confessions, often reportedly extracted through torture, was considered. Judges may also impose the death penalty on appeal, which deterred appeals in criminal cases. According to the NGO Human Rights Activists in Iran, the government does not disclose accurate numbers of those executed during a year, and as many as 60 percent of executions are kept secret.

The NGO Iran Human Rights Documentation Center (IHRDC) reported there were 215 executions as of mid-November, while the government officially announced only 73 executions in that time period. For many of those executions, the government did not release further information, such as names, execution dates, or crimes for which they were executed.

The Islamic penal code allows for the execution of juvenile offenders starting at age nine for girls and age 13 for boys, the legal age of majority. The government continued to execute individuals sentenced as minors as well as individuals accused of committing offenses that do not meet the international legal standard of “most serious crimes.” According to the former UN high commissioner for human rights, Zeid Ra’ad al Hussein, 85 juvenile offenders were on death row as of June. The government executed at least five juvenile offenders during the year, including Abolfazi Chezani Sharahi, who was executed in June. Sharahi was arrested in 2013 at age 14 and sentenced to death for allegedly stabbing his friend. A CHRI report noted serious concerns with the handling of Sharahi’s case.

According to human rights organizations and media reports, the government continued to carry out some executions by torture, including hanging by cranes. Prisoners are slowly lifted from the ground by their necks and die slowly by asphyxiation. In addition, adultery remains punishable by death by stoning, although provincial authorities have reportedly been ordered not to provide public information about stoning sentences since 2001, according to the NGO Justice for Iran.

Authorities continued to carry out executions for crimes not meeting the international legal standard of “most serious crimes.” Although the majority of executions were reportedly for murder during the year, the law also provides for the death penalty in cases of conviction for “attempts against the security of the state,” “outrage against high-ranking officials,” moharebeh (which has a variety of broad interpretations, including “waging war against God”), fisad fil-arz (corruption on earth, including apostasy or heresy), rape, adultery, recidivist alcohol use, consensual same-sex sexual conduct, and “insults against the memory of Imam Khomeini and against the supreme leader of the Islamic Republic.”

Prosecutors frequently used “waging war against God” as a capital offense against political dissidents and journalists, accusing them of “struggling against the precepts of Islam” and against the state that upholds those precepts. Authorities expanded the scope of this charge to include “working to undermine the Islamic establishment” and “cooperating with foreign agents or entities.” The judiciary is required to review and validate death sentences.

The overall number of executions decreased in comparison with 2017, reportedly as a result of an amendment passed in August 2017 by parliament to the 1997 Law to Combat Drugs to raise the threshold for the death penalty for drug-related offenses. The law went into effect in November 2017. Under the amended law, capital punishment applies to the possession, sale, or transport of more than approximately 110 pounds of natural drugs, such as opium, or approximately 4.4 to 6.6 pounds of manufactured narcotics, such as heroin or cocaine. According to the previous law, capital punishment applied to similar offenses involving slightly more than 11 pounds of natural drugs or two-thirds of a pound of manufactured drugs. Capital punishment, however, still applies to drug offenses involving smaller quantities of narcotics, if the crime is carried out using weapons, employing minors, or involving someone in a leadership role in a trafficking ring or someone who has previously been convicted of drug crimes and given a prison sentence of more than 15 years.

In January Judiciary Chief Sadegh Larijani ordered judges to halt the death sentences of drug offenders potentially affected by this change to the law while their cases were reviewed. In July state media quoted Tehran’s Prosecutor General Abbas Jafari-Dolatabadi announcing that of the 3,000 requests the government had received from death-row prisoners and from those sentenced to life imprisonment, 1,700 sentences had been reviewed and most of those sentences had been reduced, while 1,300 cases remained to be reviewed.

Mohammad Salas, a Gonabadi Sufi bus driver, was executed by hanging at Rajai Shahr Prison on June 18. Salas was convicted of killing three police officers during clashes between members of the Gonabadi Sufi dervishes and security forces in Tehran in February. Salas and his supporters maintained his innocence throughout a trial that Amnesty International called “grossly unfair,” stating he had been tortured into a forced confession and that key defense witnesses who could have testified that Salas was already in custody at the time of the police officers’ deaths were dismissed.

International and national media reported on a terrorist attack on a military parade in Ahwaz, the capital of Khuzestan Province, on September 22. According to reports, at least 29 military personnel and civilians were killed in the attack, with more than 70 wounded. A separatist group called the Ahwaz National Resistance, as well as the Islamic State, claimed responsibility for the attack.

b. Disappearance

There were reports of politically motivated abductions during the year attributed to government officials. Plainclothes officials often seized journalists and activists without warning, and government officials refused to acknowledge custody or provide information on them. In March NGO PEN International reported the enforced disappearance of poet Mohammad Bamm following his arrest by security forces in December 2017. According to the report, Bamm was released on March 19 after being held in solitary confinement and allegedly tortured in Ahwaz Prison while his whereabouts were unknown. He was accused of causing harm to public order and security, participating in the leadership of illegal demonstrations, and insulting the supreme leader.

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

Although the constitution prohibits all forms of torture “for the purpose of extracting confession or acquiring information,” use of physical and mental torture to coerce confessions remained prevalent, especially during pretrial detention. There were credible reports that security forces and prison personnel tortured and abused detainees and prisoners throughout the year.

Commonly reported methods of torture and abuse in prisons included threats of execution or rape, forced tests of virginity and “sodomy,” sleep deprivation, electroshock, burnings, the use of pressure positions, and severe and repeated beatings. Former UNSR Jahangir highlighted reports of prisoners subjected to physical abuse, as well as to blackmail.

Human rights organizations frequently cited some prison facilities, including Evin Prison in Tehran and Rajai Shahr Prison in Karaj, for their use of cruel and prolonged torture of political opponents, particularly Wards 209 and Two of Evin Prison, reportedly controlled by the Islamic Revolutionary Guards Corps (IRGC).

In September the Human Rights Activists News Agency (HRANA) reported the case of at least seven detainees subjected to torture by the IRGC’s Saravan Intelligence Unit. Saravan, located in Sistan va Baluchestan Province, is home to the Baloch ethnic minority community. According to the report, the prisoners were religious seminary students who were lashed with electrical wires and shocked with electricity, causing them to be unable to walk. IRGC-run detention centers reportedly used a technique called the “miracle bed,” which includes tying detainees to a bed frame and repeatedly flogging and electrocuting them until they “confess.”

NGOs reported that prison guards tortured Sunni Muslim prisoners at Ardabil Prison for their religious beliefs; numerous inmates at the prison were Sunni Muslims, while the guards were predominantly Shia. Guards also reportedly retaliated against prisoners there for “security issues” that occurred elsewhere in the country. According to reports, torture at Ardabil included severe beatings, being tied to flag poles for prolonged durations of time, and being forced to watch executions of fellow prisoners.

Authorities also allegedly maintained unofficial secret prisons and detention centers outside the national prison system where abuse reportedly occurred.

Judicially sanctioned corporal punishments continued. These included flogging, blinding, stoning, and amputation, which the government defends as “punishment,” not torture. At least 148 crimes are punishable by flogging, while 20 can carry the penalty of amputation.

In January Amnesty International reported that authorities amputated the hand of a man sentenced for stealing livestock. The amputation by guillotine, which Amnesty characterized as “unspeakably cruel,” took place at the central prison in Mashhad, Razavi Khorasan Province.

In July Amnesty International reported the public flogging of a man in Niazmand Square, Kashmar, Razavi Khorasan Province, for a sentence he had received 10 years before for consuming alcohol at a wedding when he was 14-15 years old. National media outlets posted a picture showing the man roped to a tree, lashed by a masked man and his back covered in blood, with a crowd of persons watching.

Extrajudicial punishments by authorities involving degrading public humiliation of alleged offenders were also frequently reported throughout the year. For example, Maedeh Hojabri was arrested for posting videos of herself dancing on social media, and authorities compelled her to confess to this “crime” on state television.

Prison and Detention Center Conditions

Prison conditions were harsh and potentially life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care. Prisoner hunger strikes in protest of their treatment were frequent.

Physical Conditions: Overcrowding remained a problem in prisons with many prisoners forced to sleep on floors, in hallways, or in prison yards. The human rights NGO United for Iran, which closely monitored prison conditions, reported in 2017 that the prisoner population was three times the capacity of the country’s prisons and detention centers. State-run Islamic Republic News Agency (IRNA) reported that the head of the general court of Ardabil said the number of prisoners in Ardabil Prison was at three times its capacity.

There were reported deaths in custody. In March HRW reported at least five deaths in custody since December 2017. The government ruled three of the deaths–of Sina Ghanbari, Vahid Heydari, and Kavous Seyed-Emami, a prominent Iranian-Canadian environmentalist–to be suicides, claims the deceased’s family members and human rights groups strongly contested (see section 1.d.).

According to IranWire and human rights groups, guards beat both political and nonpolitical prisoners during raids on wards, performed nude body searches in front of other prisoners, and threatened prisoners’ families. In some instances, according to HRANA, guards singled out political prisoners for harsher treatment.

Prison authorities often refused to provide medical treatment for pre-existing conditions, injuries that prisoners suffered at the hands of prison authorities, or illnesses due to the poor sanitary conditions in prison. Human rights organizations reported that authorities also used denial of medical care as a form of punishment for prisoners and as an intimidation tool against prisoners who filed complaints or challenged the authorities. In March CHRI reported that dozens of political prisoners were denied medical treatment and leave despite visible symptoms of their deteriorating health. The report mentioned specifically the cases of Vahed Kholousi, an education rights activist held in Rajai Shahr Prison since 2015; Alireza Golipour, held in Evin Prison since 2012 and suffering from worsening seizures and heart problems; and Mohammad Saber Malek-Raeisi, a Baluchi Sunni Muslim reportedly in critical condition from repeated severe beatings by guards in Ardabil Prison.

Medical services for female prisoners were reported as grossly inadequate. Human rights groups highlighted the case of children’s rights activist Atena Daemi, serving a seven-year sentence for meeting with the families of political prisoners, criticizing the government on Facebook, and condemning the 1988 mass executions of prisoners in the country. In January Daemi was beaten and transferred from Evin Prison to Shahr-e Rey Prison (also known as Gharchak prison) in the city of Varamin, south of Tehran, which held 1,000 female prisoners in cramped, unsanitary conditions. Human rights organizations reported that prison authorities refused to allow Daemi and other prisoners access to necessary medical care.

According to Amnesty International, at least 10 Gonabadi Sufi dervish women were unjustly detained in Shahr-e Rey Prison since February. The women were routinely denied urgently needed medical care and kept in unsanitary, inhuman conditions. The report noted that prison doctors verbally abused the women and guards physically mistreated them.

The human rights community and international media reported on frequent water shortages, intolerable heat, unsanitary living spaces, and poor ventilation in prisons throughout the country.

UNSR Jahangir and others condemned the inhuman, life-threatening conditions of Rajai Shahr Prison in Karaj following the hunger strike of numerous political prisoners that began at the end of July 2017. Prisoners had protested the sudden transfer of more than 50 political prisoners, including at least 15 Bahais, whom authorities moved without notice from Ward 12 to the prison’s high security Ward 10.

Authorities reportedly deprived prisoners of medicine, adequate medical treatment, and personal belongings, and sealed prisoners’ cells with iron sheets that limited air circulation. Jahangir expressed deep alarm at the deteriorating medical conditions of the political prisoners and at reports of their continued torture following the transfer. In March CHRI reported that political prisoners at the prison continued to be subjected to inhuman living conditions as punishment for their hunger strike.

Authorities occasionally held pretrial detainees with convicted prisoners. Also, according to HRANA, juvenile detainees were held with adult prisoners in some prisons, including Saghez Central Prison in Kurdistan Province. Authorities held women separately from men.

In 2017 Mohammad Javad Fathi, a member of parliament’s judicial committee, was quoted in media saying that 2,300 children lived in prisons with their incarcerated mothers. Fathi urged the Prisons Organization to provide transparent statistics on the number of imprisoned mothers. IranWire reported that multiple prisons across the country held older children who lived with their incarcerated mothers without access to medical care or educational and recreational facilities.

There were numerous reports of prisoner suicides throughout the year in response to prison conditions or mistreatment. In August HRANA reported on the suicide attempts of five prisoners on the same day at Sanandaj Central Prison. The five prisoners tried to kill themselves either by taking pills or hanging, all reportedly in response to prison conditions and the mistreatment of the prisoners and their family members by officials. In April HRANA reported that Vahid Safarzehi, held in the Central Prison of Zahedan, ingested a razor to commit suicide after his repeated requests for furlough to accompany his sick mother to the hospital were denied. He had previously attempted suicide by drinking acid.

In August CHRI shared the report of a journalist who had been detained in the Great Tehran Penitentiary, the largest detention facility. The journalist recounted the inhuman conditions of the prison as beyond the limits of human tolerance. According to the journalist, dozens of new prisoners were admitted to the prison a day and initially kept for days in a “sewer”-like quarantine unit without ventilation or washing facilities. More than 80 percent of the prisoners in quarantine were reportedly homeless drug addicts requiring immediate medical attention; they could hardly stand, and their vomit covered the floor.

Prisoner hunger strikes occurred frequently in prisons throughout the country, and reports on prisons’ inhuman conditions continued. These included infestations with cockroaches and mice, chronic overcrowding, poor ventilation, prisoners being forced to sleep on the floor with little bedding, and insufficient food and water.

The political prisoner Vahid Sayyadi-Nasiri died on December 12 after being on hunger strike since October 13. Sayyadi-Nasiri went on hunger strike to protest inhumane prison conditions at Iran’s Langroud Prison in Qom and government authorities’ denial of his right to counsel.

Administration: According to reports from human rights NGOs, prison authorities regularly denied prisoners access to visitors, telephone, and other correspondence privileges. As noted above, prisoners practicing a religion other than Shia Islam reported experiencing discrimination while incarcerated.

Authorities did not initiate credible investigations into allegations of inhuman conditions or suspicious deaths in custody. Prisoners were able to submit complaints to judicial authorities but often faced censorship or retribution in the form of slander, beatings, torture, and denial of medication or furlough requests. Families of executed prisoners did not always receive notification of their scheduled executions, or if they did, it was often on very short notice. Authorities frequently denied families the ability to perform funeral rites or families’ request for the findings from an impartial autopsy.

Independent Monitoring: The government did not permit independent monitoring of prison conditions. Prisoners and their families often wrote letters to authorities and, in some cases, to UN bodies to highlight and protest their treatment. UNSR Jahangir reported that authorities sometimes threatened prisoners after accusing them of contacting her office.

For more information on treatment of political prisoners, see section 1.e., Political Prisoners and Detainees.

d. Arbitrary Arrest or Detention

Although the constitution prohibits arbitrary arrest and detention, the practices occurred frequently during the year. President Rouhani’s 2016 “Citizen’s Rights Charter” enumerates various freedoms, including “security of their person, property, dignity, employment, legal and judicial process, social security and the like.” The government did not implement these provisions. Detainees may appeal their sentences in court but are not entitled to compensation for detention.

ROLE OF THE POLICE AND SECURITY APPARATUS

Several agencies shared responsibility for law enforcement and maintaining order, including the Ministry of Intelligence and Security and law enforcement forces under the Interior Ministry, which report to the president, and the IRGC, which reports directly to the supreme leader. The supreme leader holds ultimate authority over all security agencies.

The Basij, a volunteer paramilitary group with local organizations across the country, sometimes acted as an auxiliary law enforcement unit subordinate to IRGC ground forces. Basij units often engaged in repression of political opposition elements or intimidation of civilians accused of violating the country’s strict moral code, without formal guidance or supervision from superiors.

Impunity remained a problem within all security forces. Human rights groups frequently accused regular and paramilitary security forces, such as the Basij, of committing numerous human rights abuses, including acts of violence against protesters and participants in public demonstrations. According to Tehran Prosecutor General Abbas Jafari-Dolatabadi, the attorney general is responsible for investigating and punishing security force abuses, but the process was not transparent, and there were few reports of government actions to discipline abusers. In a notable exception, in November 2017 authorities sentenced former Tehran prosecutor Saeed Mortazavi to two years in prison for his alleged responsibility for the torture and death of protesters in 2009. Media reported that Mortazavi, after initial reports that he had disappeared, was taken to prison in April to commence his sentence.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution and law require a warrant or subpoena for an arrest and state that arrested persons should be informed of the charges against them within 24 hours. Authorities, however, held some detainees, at times incommunicado, for days, weeks, or months without charge or trial and frequently denied them contact with family or timely access to legal representation.

The law obligates the government to provide indigent defendants with attorneys for certain types of crimes. The courts set prohibitively high bail, even for lesser crimes, and in many cases, courts did not set bail. Authorities often compelled detainees and their families to submit property deeds to post bail, effectively silencing them due to fear of losing their families’ property.

The government continued to use house arrest without due process to restrict movement and communication. At year’s end former presidential candidates Mehdi Karroubi and Mir Hossein Mousavi, as well as Mousavi’s wife Zahra Rahnavard, remained under house arrest imposed in 2011 without formal charges. Security forces continued to restrict their access to visitors and information. Concerns persisted over Karroubi’s deteriorating health, reportedly exacerbated by his treatment by authorities.

Arbitrary Arrest: Authorities commonly used arbitrary arrests to impede alleged antiregime activities. Plainclothes officers arrived unannounced at homes or offices, arrested persons, conducted raids, and confiscated private documents, passports, computers, electronic media, and other personal items without warrants or assurances of due process.

Individuals often remained in detention facilities for long periods without charges or trials, and authorities sometimes prevented them from informing others of their whereabouts for several days. Authorities often denied detainees’ access to legal counsel during this period.

International media and human rights organizations documented an increase in detentions of dual nationals–individuals who are citizens of both Iran and another country–for arbitrary and prolonged detention on politically motivated charges. One of the environmentalists detained, Iranian-Canadian Kavous Seyed-Emami, died in custody in February in Evin Prison, in what authorities called a suicide (see section 1.c.). Dual nationals, like other citizens, faced a variety of due process violations, including lack of prompt access to a lawyer of their choosing and brief trials during which they were not allowed to defend themselves.

In September, Human Rights Watch documented the cases of 14 dual or foreign nationals whom the IRGC’s Intelligence Organization has arrested since 2014. Several of those were American citizens, including Xiyue Wang, a doctoral student at Princeton University, who was arrested in August 2016. Wang had been conducting research for his dissertation on the history of the Qajar dynasty. In July 2017, Iranian state media reported that a Revolutionary Court had sentenced Wang to 10 years in prison on charges of “cooperating with an enemy state.” Revolutionary Court Judge Abolqasem Salavati presided over the case. In August 2018, the UN Working Group on Arbitrary Detention said Wang’s detention was arbitrary and “motivated by the fact that he is a United States citizen,” and recommended the appropriate remedy would be to release Mr. Wang immediately.

Spiritual leader Mohammad Ali Taheri, founder of the spiritual doctrine Interuniversalism and the Erfan-e Halgheh group, had been in prison–mostly in solitary confinement–since his arrest in 2011. He was sentenced to five years in 2011 for “insulting the sanctities” and then was sentenced to death in 2015 for “corruption on earth.” In August 2017 Taheri was sentenced to death for a second time. The Supreme Court subsequently rejected Taheri’s death sentence and ordered him retried. At year’s end Taheri was serving a second five-year prison sentence handed down in March. According to media and NGO reports, the IRGC also detained dozens of Taheri’s followers.

Pretrial Detention: Pretrial detention was often arbitrarily lengthy, particularly in cases involving alleged violations of national security law. In other cases authorities held persons incommunicado for lengthy periods before permitting them to contact family members. Instances of unjust and arbitrary pretrial detention were commonplace and well documented throughout the year involving numerous prisoners of conscience, particularly following the countrywide protests beginning in December 2017. According to HRW, a judge may prolong detention at his discretion, and pretrial detentions often lasted for months. Often authorities held pretrial detainees in custody with the general prison population.

According to HRW, since January the IRGC’s intelligence organization had arbitrarily arrested at least 50 environmental activists across the country and imprisoned them without bringing formal charges or evidence. These included several environmentalists affiliated with the Persian Wildlife Heritage Foundation who were arrested in January for espionage. They were accused of using environmental projects as a cover to collect classified information. In July family members of Houman Jokar, Sepideh Kashani, Niloufar Bayani, Amirhossein Khaleghi, Sam Rajabi, Taher Ghadirian, Abdolreza Kouhpayeh, and Morad Tahbaz demanded their release in a published open letter, saying the environmentalists had been imprisoned for six months without a “shred of evidence.”

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees may appeal their sentences in courts of law but are not entitled to compensation for detention and were often held for extended periods without any legal proceedings.

e. Denial of Fair Public Trial

The constitution provides that the judiciary be “an independent power” that is “free from every kind of unhealthy relation and connection.” The court system was subjected to political influence, and judges were appointed “in accordance with religious criteria.”

The supreme leader appoints the head of the judiciary. The head of the judiciary, members of the Supreme Court, and the prosecutor general were clerics. International observers continued to criticize the lack of independence of the country’s judicial system and judges and maintained that trials disregarded international standards of fairness.

TRIAL PROCEDURES

According to the constitution and law, a defendant has the right to a fair trial, to be presumed innocent until convicted, to have access to a lawyer of his or her choice, and to appeal convictions in most cases that involve major penalties. These rights were not upheld.

Panels of judges adjudicate trials in civil and criminal courts. Human rights activists reported trials in which authorities appeared to have determined the verdicts in advance, and defendants did not have the opportunity to confront their accusers or meet with lawyers. For journalists and defendants charged with crimes against national security, the law restricts the choice of attorneys to a government-approved list.

When postrevolutionary statutes do not address a situation, the government advised judges to give precedence to their knowledge and interpretation of sharia (Islamic law). Under this method judges may find a person guilty based on their own “divine knowledge.”

The constitution does not provide for the establishment or the mandate of the Revolutionary Courts. The courts were created pursuant to the former supreme leader Ayatollah Khomeini’s edict immediately following the 1979 revolution, with a sharia judge appointed as the head of the courts. They were intended as a temporary emergency measure to try high-level officials of the deposed monarchy and purge threats to the regime. The courts, however, became institutionalized and continue to operate in parallel to the criminal justice system. Human rights groups and international observers often identify the Revolutionary Courts, which are generally responsible for hearing the cases of political prisoners, as routinely employing grossly unfair trials without due process, handing down predetermined verdicts, and rubberstamping executions for political purposes. These unfair practices reportedly occur during all stages of criminal proceedings in Revolutionary Courts, including the initial prosecution and pretrial investigation, first instance trial, and review by higher courts.

The IRGC and Intelligence Ministry reportedly determine many aspects of Revolutionary Court cases. Most of the important political cases are referred to a handful of branches of the Revolutionary Courts, whose judges often have negligent legal training and are not independent.

During the year human rights groups and international media noted the absence of procedural safeguards in criminal trials. On September 8, three Kurdish men–Zaniar Moradi, Loghman Moradi, and Ramin Hossein Panahi–were executed at Rajai Shahr Prison following what Amnesty International called “grossly unfair” trials in which the men were denied access to lawyers.

Courts admitted as evidence confessions made under duress or torture. UNSR Jahangir stated that the government relied on physical and mental torture to coerce confessions from prisoners during pretrial detention and interrogations. Based on reports from numerous media and human rights groups, there was a noticeable increase during the year in the authorities’ use of torture, as well as forced videotaped confessions that the government later televised. A forced confession of a teenage girl, Maedeh Hojabri, was shown on state television on July 7, in which the girl confessed to the “crime” of posting a video of herself dancing on Instagram.

The Special Clerical Court is headed by a Shia Islamic legal scholar, overseen by the supreme leader, and charged with investigating alleged offenses committed by clerics and issuing rulings based on an independent interpretation of Islamic legal sources. As with the Revolutionary Courts, the constitution does not provide for the Special Clerical Court, which operated outside the judiciary’s purview. Clerical courts were used to prosecute Shia clerics who expressed controversial ideas and participated in activities outside the sphere of religion, such as journalism or reformist political activities.

In March Ayatollah Hossein Shirazi, son of Grand Ayatollah Sadeq Shirazi, was arrested in Qom for criticizing “governance by the jurist,” the foundational principle underpinning the supreme leader’s power, and calling the supreme leader “the pharaoh” during a lecture. The Special Clerical Court initially heard Shirazi’s case and, according to reports in the media, sentenced him to 120 years in prison. Following the eruption of protests inside the country and among Shia communities outside the country, the court reportedly withdrew the sentence and released Shirazi on bail.

POLITICAL PRISONERS AND DETAINEES

Official statistics regarding the number of citizens imprisoned for their political beliefs were not available. According to United for Iran, on average there were an estimated 800-900 prisoners of conscience held in the country at any given time during the year, including those jailed for their religious beliefs.

The government often charged political dissidents with vague crimes, such as “antirevolutionary behavior,” “corruption on earth,” “siding with global arrogance,” “waging war against God,” and “crimes against Islam.” Prosecutors imposed strict penalties on government critics for minor violations.

The political crimes law defines a political crime as an insult against the government, as well as “the publication of lies.” Political crimes are those acts “committed with the intent of reforming the domestic or foreign policies of Iran,” while those with the intent to damage “the foundations of the regime” are considered national security crimes. The court and the Public Prosecutor’s Office retain responsibility for determining the nature of the crime.

The political crimes law grants the accused certain rights during arrest and imprisonment. Political criminals should be held in detention facilities separate from ordinary criminals. They should also be exempt from wearing prison uniforms, not subject to rules governing repeat offenses, not subject to extradition, and exempt from solitary confinement unless judicial officials deem it necessary. Political criminals also have the right to see and correspond with immediate family regularly and to access books, newspapers, radio, and television.

Many of the law’s provisions have not been implemented, and the government continued to arrest and charge students, journalists, lawyers, political activists, women’s activists, artists, and members of religious minorities with “national security” crimes that do not fall under the political crimes law. Political prisoners were also at greater risk of torture and abuse in detention and often were mixed with the general prison population. The government often placed political prisoners in prisons far from their families, denied them correspondence rights, and held them in solitary confinement for long periods. Human rights activists and international media also reported cases of political prisoners confined with accused and convicted violent criminals, and with criminals carrying contagious diseases such as HIV or hepatitis. Former prisoners reported that authorities often threatened political prisoners with transfer to criminal wards, where attacks were more likely.

The government reportedly held some detainees in prison for years on unfounded charges of sympathizing with real or alleged terrorist groups.

The government issued travel bans on some former political prisoners, barred them from working in their occupations for years after incarceration, and imposed internal exile on some. During the year authorities occasionally gave political prisoners suspended sentences and released them on bail with the understanding that renewed political activity would result in their return to prison. The government did not permit international humanitarian organizations or UN representatives access to political prisoners.

A revolutionary court in Tehran sentenced prominent human rights defender and journalist Narges Mohammadi, arrested in 2016, to 16 years in prison. The court charged Mohammadi with “propaganda against the state,” “assembly and collusion against national security,” and establishing the illegal Step by Step to Stop the Death Penalty organization, allegedly harming national security. Prison authorities granted Mohammadi limited medical attention for significant health problems during the year but continued to deny her family visitation and telephone calls, according to media reports. The government repeatedly rejected Mohammadi’s request for judicial review.

Seven Bahai leaders were arrested in 2008, convicted of “disturbing national security,” “spreading propaganda against the regime,” as well as “engaging in espionage,” and sentenced to 20 years in prison. Their sentences were subsequently reduced to 10 years. The last individual member of the group in prison, Afif Naeimi, was released on December 20.

Lawyers who defended political prisoners were often arrested. The government continued to imprison lawyers and others affiliated with the Defenders of Human Rights Center advocacy group. As of September the government had arrested at least eight prominent human rights attorneys during the year.

Authorities arrested human rights attorney Nasrin Sotoudeh on June 13 on national security charges, claiming she had been issued a five-year prison sentence in absentia for representing political prisoners and women who protested against the country’s compulsory hijab law. Sotoudeh was previously arrested in 2010 and sentenced to a six-year prison term for her human rights work representing activists and journalists, until receiving a pardon in 2013.

International human rights organizations reported the arrest of several other human rights lawyers during the year because of their work. On August 31, government agents arrested Payam Derafshan and Farrokh Forouzan. Earlier in the year, Arash Keykhosravi and Ghasem Sholeh Saadi were also unjustly detained. Zaynab Taheri was arrested on June 19 after publicly advocating for her client, Mohammad Salas (see section 1.a.).

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens had limited ability to sue the government and were not able to bring lawsuits through the courts against the government for civil or human rights violations.

PROPERTY RESTITUTION

The constitution allows the government to confiscate property acquired illicitly or in a manner not in conformity with Islamic law. The government appeared to target ethnic and religious minorities in invoking this provision.

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

The constitution states that “reputation, life, property, [and] dwelling[s]” are protected from trespass, except as “provided by law.” The government routinely infringed on this right. Security forces monitored the social activities of citizens, entered homes and offices, monitored telephone conversations and internet communications, and opened mail without court authorization. The government also detained the family members of activists as a form of intimidation and reprisal.

According to international human rights organizations, the government arrested and intimidated BBC employees’ family members based in Iran. Separately, the government also compelled family members of journalists from other media outlets abroad to defame their relatives on state television.

Nasrin Sotoudeh’s husband, Reza Khandan, was arrested in September for publicly expressing his support for his detained wife, according to media reports.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press, except when words are deemed “detrimental to the fundamental principles of Islam or the rights of the public.” According to the law, “anyone who engages in any type of propaganda against the Islamic Republic of Iran or in support of opposition groups and associations shall be sentenced to three months to one year of imprisonment.”

Article 26 of the 2016 Charter on Citizens’ Rights acknowledges the right of every citizen to freedom of speech and expression. The charter grants citizens the right freely to seek, receive, publish, and communicate views and information, using any means of communication, but it has not been implemented.

The law provides for prosecution of persons accused of instigating crimes against the state or national security or “insulting” Islam. The government severely restricted freedom of speech and of the press and used the law to intimidate or prosecute persons who directly criticized the government or raised human rights problems, as well as to bring ordinary citizens into compliance with the government’s moral code.

Freedom of Expression: Authorities did not permit individuals to criticize publicly the country’s system of government, supreme leader, or official religion. Security forces and the judiciary punished those who violated these restrictions, as well as those who publicly criticized the president, cabinet, and parliament.

The government monitored meetings, movements, and communications of its citizens and often charged persons with crimes against national security and of insulting the regime, citing as evidence letters, emails, and other public and private communications. Authorities threatened arrest or punishment for the expression of ideas or images they viewed as violations of the legal moral code.

Press and Media Freedom: The government’s Press Supervisory Board issues press licenses, which it sometimes revoked in response to articles critical of the government or the regime, or it did not renew them for individuals facing criminal charges or incarcerated for political reasons. During the year the government banned, blocked, closed, or censored publications deemed critical of officials.

The Ministry of Culture and Islamic Guidance (Ershad) severely limited and controlled foreign media organizations’ ability to work in the country. The ministry required foreign correspondents to provide detailed travel plans and topics of proposed stories before granting visas, limiting their ability to travel within the country, and forced them to work with a local “minder.”

Under the constitution private broadcasting is illegal. The government maintained a monopoly over all television and radio broadcasting facilities through IRIB, a government agency. Radio and television programming, the principal source of news for many citizens, particularly in rural areas with limited internet access, reflected the government’s political and socioreligious ideology. The government jammed satellite broadcasts as signals entered the country, a continuous practice since at least 2003. Satellite dishes remained illegal but ubiquitous. Those who distributed, used, or repaired satellite dishes faced fines up to 90 million rials ($2,100). Police, using warrants provided by the judiciary, launched campaigns to confiscate privately owned satellite dishes throughout the country.

Under the constitution the supreme leader appoints the head of the audiovisual policy agency, a council composed of representatives of the president, judiciary, and parliament. The Ministry of Culture reviews all potential publications, including foreign printed materials, prior to their domestic release and may deem books unpublishable, remove text, or require word substitutions for terms deemed inappropriate.

Independent print media companies existed, but the government severely limited their operations.

Violence and Harassment: The government and its agents harassed, detained, abused, and prosecuted publishers, editors, and journalists, including those involved in internet-based media, for their reporting. The government also harassed many journalists’ families.

Reporters without Borders (RSF) reported that the government arrested an estimated 10 citizen-journalists for covering the nationwide protests that began in December 2017. According to RSF, several citizen journalists were beaten and arrested while recording renewed protests in Tehran on June 25-26. Authorities banned national and international media outlets from covering the demonstrations in an attempt to censor coverage of the protests and to intimidate citizens from disseminating information about them.

In February, RSF reported that several employees of the Sufi news website Majzooban Nor were arrested while covering clashes between security forces and Gonabadi Dervishes. Majzooban Nor was the only independent website covering the dervishes, and most of the arrested journalists were reportedly severely beaten by police and militia members. In July and August, Majzooban Norjournalists were sentenced for lashes and prison terms of up to 26 years in connection for their work covering the dervishes’ protests.

According to CHRI, in August the Mizan News Agency, which functions as the official news website of the judiciary, published statements that human rights activists interpreted as a call for vigilante violence against BBC journalists and their families. The BBC had filed a complaint at the UN Human Rights Council in March against Iranian authorities for their campaign of harassment against BBC Persian staff.

Censorship or Content Restrictions: The law forbids government censorship but also prohibits dissemination of information the government considers “damaging.” During the year the government censored publications that criticized official actions or contradicted official views or versions of events. “Damaging” information included discussions of women’s rights, the situation of minorities, criticism of government corruption, and references to mistreatment of detainees.

In September media reported that General Prosecutor Mohammad Jafar Montazeri ordered the closure of Sedayeh Eslahat, a reformist newspaper, on charges of insulting Shia Islam. According to reports, the newspaper had published an article on female-to-male sex reassignment surgery, titling the article, “Ruqayyah became Mahdi after 22 years.” Ruqayyah was the daughter of Hussein, a revered Shia Imam, while Mahdi, according to Shia beliefs, is the name of the 12th Shia Imam. Montazeri also called for the punishment of the newspaper’s editor.

Officials routinely intimidated journalists into practicing self-censorship. Public officials often filed criminal complaints against newspapers, and the Press Supervisory Board, which regulates media content and publication, referred such complaints to the Press Court for further action, including possible closure, suspension, and fines. IRNA determined the main topics and types of news to be covered and distributed topics required for reporting directly to various media outlets, according to the IHRDC.

Libel/Slander Laws: The government commonly used libel laws or cited national security to suppress criticism. According to the law, if any publication contains personal insults, libel, false statements, or criticism, the insulted individual has the right to respond in the publication within one month. By law “insult” or “libel” against the government, government representatives, or foreign officials while they are on Iranian soil, as well as “the publication of lies” with the intent to alter, but not overthrow, the government are considered political crimes and subject to certain trial and detention procedures (see section 1.e.). The government applied the law throughout the year, often citing statements made in various media outlets or on internet platforms that criticized the government, in the arrest, prosecution, and sentencing of individuals for crimes against national security.

INTERNET FREEDOM

The government restricted and disrupted access to the internet, monitored private online communications, and censored online content. Individuals and groups practiced self-censorship online.

The Ministries of Culture and of Information and Communications Technology are the main regulatory bodies for content and internet systems in the country. The Supreme Leader’s Office also includes the Supreme Council of Cyberspace, charged with regulating content and systems. The government collected personally identifiable information in connection with citizens’ peaceful expression of political, religious, or ideological opinion or beliefs.

According to the International Telecommunication Union, 60 percent of the population used the internet in 2017. According to the Ministry of Culture, 70 percent of youth between the ages of 15 and 29 used the internet. NGOs reported the government continued to filter content on the internet to ban access to particular sites and to filter traffic based on its content. The law makes it illegal to distribute circumvention tools and virtual private networks, and Minister of Information and Communications Technology Jahromi was quoted in the press stating that using circumvention tools is illegal.

The Ministry of Culture and Islamic Guidance must approve all internet service providers. The government also requires all owners of websites and blogs in the country to register with the agencies that compose the Commission to Determine the Instances of Criminal Content (also referred to as the Committee in Charge of Determining Unauthorized Websites or Committee in Charge of Determining Offensive Content), the governmental organization that determines censoring criteria. These agencies include the Ministry of Culture and Islamic Guidance, Ministry of Information and Communications Technology, the Intelligence Ministry, and the Tehran Public Prosecutor’s Office.

Ministry of Information and Communications Technology regulations prohibit households and cybercafes from having high-speed internet access. The government periodically reduced internet speed to discourage downloading material.

According to media reports, former minister of information and communications technology Mahmoud Vaezi announced in 2017 that the government had improved methods to control the internet and had shut down a number of online platforms. The government’s decade-long project to build a National Information Network (NIN) resulted in its launch in 2016. The NIN enabled officials to allow higher speed and easier access on domestic traffic, while limiting international internet traffic. RSF reported that the NIN acted like an intranet system, with full content control and user identification. Authorities may disconnect this network from global internet content, and they reportedly intended to use it to provide government propaganda and disrupt circumvention tools. During nationwide protests in December 2017, authorities used NIN technology to cut off access to the global internet for 30 minutes.

Authorities continued to block online messaging tools, such as Facebook, YouTube, and Twitter, although the government operated Twitter accounts under the names of Supreme Leader Khamenei, President Rouhani, Foreign Minister Zarif, and other government-associated officials and entities.

Government organizations, including the Basij “Cyber Council,” the Cyber Police, and the Cyber Army, which observers presumed to be controlled by the IRGC, monitored, identified, and countered alleged cyberthreats to national security. These organizations especially targeted citizens’ activities on officially banned social networking websites such as Telegram, Facebook, Twitter, YouTube, and Flickr, and they reportedly harassed persons who criticized the government or raised sensitive social problems.

According to a report by CHRI, in May the Judiciary (the prosecutor of Branch 2 of the Culture and Media Prosecutor’s Office in Tehran) blocked the popular messaging app Telegram. Telegram, used by approximately half the population as a platform for a wide variety of personal, political, business, and cultural content, had become a primary internet platform. As a foreign-owned company with servers outside the country, Telegram was not under the control of national censors. Many officials blamed Telegram for the spread of protests in December 2017. After the ban on Telegram, the Ministry of Information and Communications Technology began to disrupt access to circumvention tools used to access blocked applications or sites.

RSF reported that several bloggers and online journalists were arrested during the year for their expression. Blogger Hengameh Shahidi was arrested in May for tweets about her previous detention. Mohammad Hossien Hidari, the editor of the Dolat e Bahar news website, was arrested in May. His families and lawyers did not know what he had been charged with, and his website was inaccessible after his arrest. Amir Hossein Miresmaili, a journalist with the daily newspaper Jahan Sanat (Industry World), was sentenced to 10 years in prison on August 22 for a tweet criticizing a mullah in Mashhad. Miresmaili’s sentence also included a two-year ban on journalistic activity on social networks after his release from prison. According to his lawyer, Miresmaili was charged with “insulting the sacredness of Islam,” “insulting government agents and officials,” “publishing false information designed to upset public opinion,” and “publishing immoral articles contrary to public decency.”

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government significantly restricted academic freedom and the independence of higher education institutions. Authorities systematically targeted university campuses to suppress social and political activism by banning independent student organizations, imprisoning student activists, removing faculty, preventing students from enrolling or continuing their education because of their political or religious affiliation or activism, and restricting social sciences and humanities curricula.

According to a July HRW report, following the protests of December 2017 and January 2018, intelligence officers arrested at least 150 students and courts sentenced 17 to prison terms. Many of the arrested students did not participate in the protests but were preemptively detained, according to reports. HRW reported that as of mid-July, revolutionary courts had sentenced at least eight student protesters from universities in Tehran and Tabriz to prison sentences of up to eight years. Some students were banned from membership in political parties or participating in media, including social media, for two years.

Authorities barred Bahai students from higher education and harassed those who studied through the unrecognized online university of the Bahai Institute for Higher Education. According to a HRANA report in September, more than 50 Bahai college applicants had been denied enrollment for their religious affiliation (see the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/).

The government maintained controls on cinema, music, theater, and art exhibits and censored those productions deemed to transgress Islamic values. The government censored or banned films deemed to promote secularism, non-Islamic ideas about women’s rights, unethical behavior, drug abuse, violence, or alcoholism.

According to the IHRDC, the nine-member film review council of the Ministry of Culture and Islamic Guidance, made up of clerics, former directors, former parliamentarians, and academics, must approve the content of every film before production and again before screening. Films may be barred arbitrarily from screening even if all the appropriate permits were received in advance.

According to media reports, renowned film director Jafar Panahi was banned again from traveling to the 2018 Cannes film festival. Panahi has been barred from traveling since 2010, when he was charged with generating “propaganda against the Islamic Republic.”

Officials continued to discourage teaching music in schools. Authorities considered heavy metal and foreign music religiously offensive, and police continued to repress underground concerts and arrest musicians and music distributors. The Ministry of Culture must officially approve song lyrics, music, and album covers as complying with the country’s moral values, although many underground musicians released albums without seeking such permission.

According to media reports in February, Benyamin Bahadori, a pop singer and composer, cancelled a concert in Kerman after female members of his music group were banned from appearing on stage. In April, according to media reports, the head of the Ministry of Culture and Islamic Guidance in Mashhad was arrested for undermining public decency and disrespecting laws when videos surfaced on social media networks showing young men and women dancing at a concert at a shopping center in the city.

b. Freedom of Peaceful Assembly and Association

The government severely restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution permits assemblies and marches of unarmed persons “provided they do not violate the principles of Islam.” In order to prevent activities it considered antiregime, the government restricted this right and closely monitored gatherings such as public entertainment and lectures, student and women’s meetings and protests, meetings and worship services of minority religious groups, labor protests, online gatherings and networking, funeral processions, and Friday prayer gatherings.

According to activists, the government arbitrarily applied rules governing permits to assemble, with proregime groups rarely experiencing difficulty, while groups viewed as critical of the regime experienced harassment regardless of whether authorities issued a permit.

The government cracked down on small protests that began in the city of Mashhad in December 2017 and continued into 2018. These protests subsequently spread across the country and included broader economic and political grievances with the nation’s leadership. International media and human rights organizations widely covered the government’s crackdown on protests. According to media reports, at least 20 protesters were killed as of January, and thousands more were arrested throughout the year. Official government sources cited 4,970 arrested, 90 percent of whom were younger than 25 years old. Over the year, as protests arose across the country among various groups and by individuals expressing diverse grievances and demands, actions by security forces resulted in hundreds of additional arrests and further alleged deaths.

CHRI reported that authorities denied detainees access to attorneys and threatened them with charges that carried the death penalty if they sought counsel. There were multiple reports of detainees beaten while in custody. Several human rights organizations, including CHRI, reported that detainees were given pills of unknown substance, including methadone, to portray them as drug addicts. According to CHRI, at least two detainees died under suspicious circumstances while in detention, while the death of a third detainee was labeled a “suicide” (see section 1.a.).

In February security forces violently cracked down on a group of Gonabadi Sufi dervishes in Tehran who were protesting to demand the release of a 70-year-old fellow Sufi, Nematollah Riahi, who protesters believed was unjustly detained because of his religious affiliation. According to CHRI and reports from Sufi news sites, at least 300 hundred Gonabadi Sufis were arrested and imprisoned in the Great Tehran Penitentiary and Qarchak Prison, with numerous deaths reported at the hands of security forces. Reports indicated that the government’s crackdown continued in various cities throughout the country and that Sufis were subjected to torture and forced confessions in detention centers prior to their transfer to prisons.

According to an August HRW report, revolutionary courts sentenced at least 208 Gonabadi Sufi dervishes, from the hundreds detained, in unfair trials to prison terms ranging from four months to 26 years, flogging, internal exile, travel bans, and a ban on membership in social and political groups. Authorities did not allow the defendants to choose their legal representation and repeatedly insulted and questioned their faith during trials that lasted as little as 15 minutes. More than 40 dervishes received sentences in absentia.

In August Great Tehran Penitentiary authorities conducted a “brutal” attack, according to CHRI, on Gonabadi Sufis prisoners who were peacefully protesting the harsh treatment of female Gonabadi Sufi prisoners at Qarchak Prison. According to the report, several detainees were badly injured and suffered broken bones, while female prisoners in Qarchak Prison were reportedly subjected to torture and beatings by prison officials.

FREEDOM OF ASSOCIATION

The constitution provides for the establishment of political parties, professional and political associations, and Islamic and recognized religious minority organizations, as long as such groups do not violate the principles of freedom, sovereignty, national unity, or Islamic criteria, or question Islam as the basis of the country’s system of government. The government limited the freedom of association through threats, intimidation, the imposition of arbitrary requirements on organizations, and the arrests of group leaders and members.

The government barred teachers from commemorating International Labor Day and Teachers’ Day. Several prominent teachers and union activists either remained in prison or were awaiting new sentences, including Mahmoud Beheshti Langroudi and Esmail Abdi (see section 7.a.).

c. Freedom of Religion

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

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, with some exceptions, particularly concerning migrants and women. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) with regard to refugees from Afghanistan and Iraq.

In-country Movement: Judicial sentences sometimes included internal exile after release from prison, which prevented individuals from traveling to certain provinces. Women often required the supervision of a male guardian or chaperone to travel and faced official and societal harassment for traveling alone.

Foreign Travel: The government required exit permits for foreign travel for all citizens. Citizens who were educated at government expense or received scholarships had to either repay the scholarship or receive a temporary permit to exit the country. The government restricted the foreign travel of some religious leaders, members of religious minorities, and scientists in sensitive fields.

Several journalists, academics, opposition politicians, human and women’s rights activists, and artists remained subject to foreign travel bans and had their passports confiscated during the year. Married women were not allowed to travel outside the country without prior permission from their husbands.

Exile: The law does not provide for forced exile abroad. Many citizens practiced self-imposed exile to express their beliefs freely or escape government harassment.

PROTECTION OF REFUGEES

According to UNHCR, the government had granted registration to 950,142 Afghan and 28,268 Iraqi refugees under a system known as amayesh, through which authorities provide refugees with cards identifying them as legally registered refugees. The cards enable refugees to access basic services and facilitate the issuance of work permits. In addition to registered refugees, the government estimated it hosted 450,000 Afghans who hold Afghan passports and Iranian visas and 1.5 million undocumented Afghans.

HRW and other groups reported that the government continued its mistreatment of many Afghans, including physical abuse by security forces, deportations, forced recruitment to fight in Syria (see section 1.g.), detention in unsanitary and inhuman conditions, forced payment for transportation to and accommodation in deportation camps, forced labor, forced separation from families, restricted movement within the country, and restricted access to education or jobs.

Refoulement: According to activist groups and NGOs, authorities routinely arrested Afghans without amayesh cards and sometimes threatened them with deportation. According to the International Organization for Migration, from the beginning of the year to August, more than 219,254 undocumented Afghans returned to Afghanistan, with many claiming they were pressured to leave. In addition more than 273,089 were deported there throughout the year.

Access to Asylum: The law provides for the granting of asylum or refugee status to qualified applicants. While the government reportedly has a system for providing protection to refugees, UNHCR did not have information regarding how the country made asylum determinations. According to HRW, the government continued to block many Afghans from registering to obtain refugee status.

Afghans not registered under the amayesh system who had migrated in the past decades of conflict in their home country continued to be denied access to an asylum system or access to register with the United Nations as refugees. NGOs reported many of these displaced asylum seekers believed they were pressured to leave the country but could not return to Afghanistan because of the security situation in their home provinces.

Freedom of Movement: Refugees faced restrictions on in-country movement and faced restrictions from entering certain provinces, according to UNHCR.

Employment: Only refugees with government-issued work permits were able to work. NGO sources reported that amayesh cards were difficult to renew and were often prohibitively expensive for refugees to maintain due to steep annual renewal fees.

Access to Basic ServicesAmayesh cardholders had access to primary education and received primary health care, including vaccinations, prenatal care, maternal and child health, and family planning from the Ministry of Health. They also benefited from a universal basic health insurance package for hospitalization and paraclinical services (medicine, doctor’s visits, radiology, etc.) similar to citizens, and those with qualifying “special diseases” received comprehensive coverage.

In 2017 more than 112,000 vulnerable refugees enrolled in the Universal Public Health Insurance scheme providing coverage for 12 months, and in 2018 92,000 vulnerable refugees were expected to benefit from subsidized premium support from UNHCR.

The government claimed to grant refugees access to schools. More than 420,000 refugee children were enrolled in primary and secondary school, out of whom 103,000 were undocumented Afghan children. According to media reporting, however, Afghans continued to have difficulty gaining access to education. The government sometimes imposed fees for children of registered refugees to attend public schools.

There were barriers to marriage between citizens and displaced Afghans. Authorities required Afghans to obtain documentation from their embassy or government offices in Afghanistan to register their marriage in the country, according to media reporting. The law states, “Any foreigner who marries an Iranian woman without the permission of the Iranian government will be sentenced to two to five years in prison plus a cash penalty.” Furthermore, authorities considered children born from such unions eligible for citizenship only if the child’s father is a citizen and registers the child as his, potentially leaving many children stateless.

Most provinces’ residency limitations on refugees effectively denied them access to public services, such as public housing, in the restricted areas of those provinces.

STATELESS PERSONS

There were no accurate numbers on how many stateless persons resided in the country. Stateless persons included those without birth documents or refugee identification cards. They were subjected to inconsistent government policies and relied on charities, principally domestic, to obtain medical care and schooling. Authorities prohibited stateless persons from receiving formal government support or travel documents.

Women may not directly transmit citizenship to their children or to noncitizen spouses. Only children born to Iranian mothers and non-Iranian fathers who reside in Iran for 18 years and whose parents’ marriage is officially registered with the government are eligible to apply for citizenship. According to media reports, between 400,000 and one million persons lacked Iranian nationality despite having an Iranian citizen mother, due to limitations on citizenship transmission (see section 6, Children).

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose the president, as well as members of the Assembly of Experts and parliament, through elections based on universal suffrage. Candidate vetting conducted by unelected bodies, however, abridged this right in all instances. Reported government constraints on freedom of expression and the media; peaceful assembly; association; and the ability to freely seek, receive, and impart information and campaign also limited Iranians’ right to freely choose their representatives in elections.

The Assembly of Experts, which is composed of 86 popularly elected clerics who serve eight-year terms, elects the supreme leader, who acts as the de facto head of state and may be removed only by a vote of the assembly. The Guardian Council vets and qualifies candidates for all Assembly of Experts, presidential, and parliamentary elections based on criteria that include candidates’ allegiance to the state and adherence to Shia Islam. The council consists of six clerics appointed by the supreme leader and six jurists nominated by the head of the judiciary (who is appointed by the supreme leader) and approved by parliament.

There is no separation of state and religion, and certain clerics had significant influence in the government.

Elections and Political Participation

Recent Elections: Presidential and local council elections were held in May 2017. The country’s electoral system continued to fall short of international standards for free and fair elections because of the Guardian Council’s controlling role in the political process, including determining which individuals could run for office, and in certain instances, arbitrarily removing winning candidates.

In 2017 the Guardian Council approved six Shia male candidates for president from a total candidate pool of 1,636 individuals (0.37 percent of total applicants). Voters re-elected Hassan Rouhani as president. The Interior Ministry announced that Rouhani won 57 percent of the votes, with a 73 percent turnout of eligible voters.

Candidates for local elections were vetted by monitoring boards established by parliament, resulting in the disqualification of a number of applicants. Observers asserted that reformist candidates such as Abdollah Momeni, Ali Tajernia, and Nasrin Vaziri, previously imprisoned for peacefully protesting the 2009 election, were not allowed to run due to their political views.

CHRI reported that on July 21, the Expediency Council, the country’s highest arbiter of disputes between state branches, voted by a two-thirds majority to amend the Law on the Formation, Duties, and Election of National Islamic Councils, thus affirming the right of constitutionally recognized religious minorities to run in local elections. As a result of this ruling, Sepanta Niknam, a member of the Zoroastrian faith, was able to reclaim his city council seat in Yazd, from which he was suspended in 2017 because of his religion. Niknam had been re-elected to the Yazd city council in May 2017 but was forced to step down in September 2017 after the local court ruled that Niknam, as member of a religious minority, could not be elected to a council in a Muslim-majority constituency.

Political Parties and Political Participation: The constitution provides for the formation of political parties, but the Interior Ministry granted licenses only to parties deemed to adhere to the “governance of the jurist” system of government embodied in the constitution. Registered political organizations that adhered to the system generally operated without restriction, but most were small, focused around an individual, and without nationwide membership. Members of political parties and persons with any political affiliation that the regime deemed unacceptable faced harassment and sometimes violence and imprisonment. The government maintained bans on several opposition organizations and political parties. Security officials continued to harass, intimidate, and arrest members of the political opposition and some reformists (see section 1.e.). In her August 2017 report, UNSR Jahangir noted a number of arrests and detentions of members of opposition parties in the months before the May 2017 elections.

Participation of Women and Minorities: Women faced significant legal, religious, and cultural barriers to political participation. According to the Guardian Council’s interpretation, the constitution bars women, as well as persons of foreign origin, from serving as supreme leader or president, as members of the Assembly of Experts, the Guardian Council, or the Expediency Council, and as certain types of judges.

The Guardian Council disqualified all 137 women who registered as candidates for the May 2017 presidential election. Almost 18,000 female candidates, or 6.3 percent of all candidates, were permitted to run for positions in the 2017 local elections.

All cabinet-level ministers were men. A limited number of women held senior government positions, including that of Vice President for Legal Affairs and Vice President for Women and Family Affairs.

Practitioners of a religion other than Shia Islam are barred from serving as supreme leader or president, as well as being a member in the Assembly of Experts, Guardian Council, or Expediency Council. The law reserves five seats in parliament for members of recognized minority religious groups, although minorities may also be elected to nonreserved seats. The five reserved seats were filled by one Zoroastrian, one Jew, and three Christians. There were no non-Muslims in the cabinet or on the Supreme Court.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but the government implemented the law arbitrarily, sometimes pursuing apparently legitimate corruption cases against officials while bringing politically motivated charges against regime critics or political opponents. Most officials continued to engage in corrupt practices with impunity. Many expected bribes for providing routine services or received bonuses outside their regular work, and individuals routinely bribed officials to obtain permits for otherwise illegal construction.

Endowed religious charitable foundations, or bonyads, accounted for a quarter to a third of the country’s economy, according to some experts. Government insiders, including members of the military and clergy, ran these tax-exempt organizations, which are defined under law as charities. Members of the political opposition and international corruption watchdog organizations frequently accused bonyads of corruption. Bonyads received benefits from the government, but no government agency is required to approve their budgets publicly.

Numerous companies and subsidiaries affiliated with the IRGC engaged in trade and business activities, sometimes illicitly, including in the telecommunications, mining, and construction sectors. Other IRGC entities reportedly engaged in smuggling pharmaceutical products, narcotics, and raw materials. The domestic and international press reported that individuals with strong government connections had access to foreign currency at preferential exchange rates, allowing them to exploit a gap between the country’s black market and official exchange rates.

Corruption: In August IRNA reported that Ahmad Araghchi, an Iran Central Bank deputy in charge of foreign currency affairs, was arrested, along with six others, as part of an investigation into financial corruption. IRNA quoted Judiciary spokesperson Gholamhossein Mohseni Ejei saying the arrests were part of the country’s ongoing crackdown on graft and corruption in the foreign currency sector. According to the Mizan News Agency, at least 67 persons had been arrested as of August, accused of fraud and trying to undermine the banking system. Mohseni Ejei was quoted saying several of the individuals arrested had direct ties to the government and, charged with “corruption on Earth,” could face the death penalty. He stated more than 100 government employees had been barred from leaving the country. According to the same report, Supreme Leader Khamenei approved a request from the head of the judiciary to set up special revolutionary courts to try individuals for economic crimes, seeking maximum sentences for those who “disrupted and corrupted” the economy. Khamenei was quoted saying that punishments for those accused of economic corruption, including government officials and those from the military, should be carried out swiftly. According to a BBC report, at least three businessmen were executed for corruption after trials that human rights groups said lacked due process protections.

According to media reports, in July parliamentarian Amir Khojasteh, president of the parliament’s anticorruption caucus, claimed during an open session of parliament that $44 billion had been allocated for goods that were never imported and that $60 billion in goods were hoarded in warehouses.

Financial Disclosure: Regulations require government officials, including cabinet ministers and members of the Guardian Council, Expediency Council, and Assembly of Experts, to submit annual financial statements to the government inspectorate. Little information was available on whether the government effectively implemented the law, whether officials obeyed the law, or whether financial statements were publicly accessible.

In an August televised interview, President Rouhani asserted his intent to ramp up anticorruption efforts, stating the government had no “red lines” when it came to fighting corruption. According to media reports, Rouhani earlier directed all government ministries to publish the names of individuals and entities that had received hard currency at the official exchange rate. In June the Ministry of Information and Communication Technology published the names of entities that had received foreign exchange at the official rate to import mobile phones, while the Central Bank of Iran published a similar list of entities that had received currency at the official exchange rate.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

The government restricted the operations of and did not cooperate with local or international human rights NGOs investigating alleged violations of human rights. The government restricted the work of domestic activists and often responded to their inquiries and reports with harassment, arrests, online hacking, and monitoring of individual activists and organization workplaces.

By law NGOs must register with the Ministry of Interior and apply for permission to receive foreign grants. Independent human rights groups and other NGOs faced continued harassment because of their activism, as well as the threat of closure by government officials following prolonged and often arbitrary delays in obtaining official registration.

During the year the government prevented some human rights defenders, civil society activists, journalists, and scholars from traveling abroad. Human rights activists reported intimidating telephone calls, threats of blackmail, online hacking attempts, and property damage from unidentified law enforcement and government officials. The government summoned activists repeatedly for questioning and confiscated personal belongings such as mobile phones, laptops, and passports. Government officials sometimes harassed and arrested family members of human rights activists. Courts routinely suspended sentences of convicted human rights activists, leaving open the option for authorities to arrest or imprison individuals arbitrarily at any time on the previous charges.

In her March report, UNSR Jahangir expressed concern about the arrest, arbitrary detention, and sentencing of human rights defenders, student activists, journalists, and lawyers. She noted acts of intimidation and reprisals in detention, including torture and mistreatment, as well as reports of reprisals against human rights defenders for engaging the UNSR and cooperating with other UN mechanisms.

According to NGO sources, including HRW and Amnesty International, the government’s rights record and its level of cooperation with international rights institutions remained poor. The government continued to deny requests from international human rights NGOs to establish offices in or to conduct regular investigative visits to the country. The most recent visit of an international human rights NGO was by Amnesty International in 2004 as part of the European Union’s human rights dialogue with the country.

The United Nations or Other International Bodies: During the year the government continued to deny repeated requests by the UNSR on the situation of human rights in Iran to visit the country.

On November 15, for the sixth consecutive year, the UN General Assembly adopted a resolution expressing serious concern about the country’s continuing human rights violations. The resolution repeated its call for the country to cooperate with UN special mechanisms, citing the government’s failure to approve any request from a UN thematic special procedures mandate holder to visit the country in more than a decade. It drew attention to the government’s continued failure to allow the UNSR into the country to investigate human rights abuses despite repeated requests. The most recent visit by a UN human rights agency to the country was in 2005.

Government Human Rights Bodies: The High Council for Human Rights, headed by Mohammad Javad Larijani, is part of the judicial branch of the government and lacks independence. The council continued to defend the imprisonment of high-profile human rights defenders and political opposition leaders, despite domestic and international pressure. Larijani continued to call for an end to the position of the UNSR. There was no information available on whether the council challenged any laws or court rulings during the year.

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

Women

Rape and Domestic Violence: Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage. Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, the last of which carries the death penalty. Rape victims also feared societal reprisal or ostracism.

For a conviction of rape, the law requires four Muslim men or a combination of three men and two women or two men and four women, to have witnessed a rape. A woman or man found making a false accusation of rape is subject to 80 lashes. In June international media reported on the kidnapping and gang rape of at least 41 women and girls in the city of Iranshahr, Sistan va Baluchistan Province, which has a predominantly Baluchi population. According to the reports, authorities initially tried to deny the cases, leading to local protests. Reports indicated that some of the alleged perpetrators had ties to local security forces. Social media users expressed their anger and sought support for the victims online through an #Iranshahr girls campaign. Some of the social media participants, including Abdollah Bozorgzadeh, were reportedly harassed and arrested for their online activism.

The law does not prohibit domestic violence. Authorities considered abuse in the family a private matter and seldom discussed it publicly.

A 2017 CHRI report referenced a study presented at the nongovernmental Imam Ali Foundation’s May 2017 conference in Tehran on violence against women in the country, according to which 32 percent of women in urban areas and 63 percent in rural areas had been victims of domestic violence. A government official was quoted in the report saying that 11,000 cases of domestic abuse had been registered by the National Welfare Organization. In January, according to media reports, the state-run Iranian Students News Agency (ISNA) apologized after an alleged relationship expert and marriage counselor advised domestic violence victims during a television broadcast to kiss their husband’s feet, leading to a large social media backlash in the country. Some users reportedly mocked the advice and characterized it as “nonsense” and “scary.”

Female Genital Mutilation/Cutting (FGM/C): The law criminalizes FGM/C and states, “the cutting or removing of the two sides of female genitalia leads to diyeh (financial penalty or blood money) equal to half the full amount of diyeh for the woman’s life.”

Little current data was available on the practice inside the country, although older data and media reports suggested it was most prevalent in Hormozgan, Kurdistan, Kermanshah, and West Azerbaijan Provinces.

Other Harmful Traditional Practices: There were no official reports of killings motivated by “honor” or other harmful traditional practices during the year, although human rights activists reported that such killings continued to occur, particularly among rural and tribal populations.

The law reduces punitive measures for fathers and other family members who are convicted of murder or physically harming children in domestic violence or “honor killings.” If a man is found guilty of murdering his daughter, the punishment is between three and 10 years in prison rather than the normal death sentence or payment of diyeh for homicide cases.

Sexual Harassment: The law addresses sexual harassment in the context of physical contact between men and women and prohibits physical contact between unrelated men and women. There was no reliable data on the extent of sexual harassment, but women and human rights observers reported that sexual harassment was the norm in many workplaces. There were no known government efforts to address this problem.

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

Discrimination: The constitution provides for equal protection for women under the law in conformity with its interpretation of Islam. The government did not enforce the law, and provisions in the law, particularly sections dealing with family and property law, discriminate against women. Judicial harassment, intimidation, detention, and smear campaigns significantly challenged the ability of civil society organizations to fight for and protect women’s rights.

Women may not transmit citizenship to their children or to a noncitizen spouse. The government does not recognize marriages between Muslim women and non-Muslim men, irrespective of their citizenship. The law states that a virgin woman or girl wishing to wed needs the consent of her father or grandfather or the court’s permission.

The law permits a man to have as many as four wives and an unlimited number of sigheh (temporary wives), based on a Shia custom under which couples may enter into a limited-time civil and religious contract, which outlines the union’s conditions.

A woman has the right to divorce if her husband signs a contract granting that right; cannot provide for his family; has violated the terms of their marriage contract; or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced.

The government actively suppressed efforts to build awareness among women of their rights regarding marriage and divorce. According to a CHRI report, in September the IRGC Intelligence Organization arrested Hoda Amid, a human rights attorney, and Najmeh Vahedi, a prominent sociologist and women’s rights activist, three days before they were supposed to host a workshop about the country’s marriage laws, which they had organized with a legal permit. One of the purposes of the workshop was to teach women how to expand their rights with legally binding prenuptial contracts.

The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches the age of seven, the father is granted custody unless he is proven unfit to care for the child.

Women sometimes received disproportionate punishment for crimes such as adultery, including death sentences. Islamic law retains provisions that equate a woman’s testimony in a court of law to half that of a man’s and value a woman’s life as half that of a man’s. According to the law, the diyeh paid in the death of a woman is half the amount paid in the death of a man, with the exception of car accident insurance payments.

Women have access to primary and advanced education. According to 2017 media reports, women gaining admission to universities nationwide outnumbered men by 13 percent. Quotas and other restrictions nonetheless limited women’s admissions to certain fields and degree programs.

As domestic media reported during the year, women’s participation in the job market remained as low as 16 percent. Women reportedly earned 41 percent less than men for the same work. Unemployment among women in the country was twice as high as it was among men.

Women continued to face discrimination in home and property ownership, as well as access to financing. In cases of inheritance, male heirs receive twice the inheritance of their female counterparts. The government enforced gender segregation in many public spaces. Women must ride in a reserved section on public buses and enter some public buildings, universities, and airports through separate entrances.

The law provides that a woman who appears in public without appropriate attire, such as a cloth scarf veil (hijab) over the head and a long jacket (manteau), or a large full-length cloth covering (chador), may be sentenced to flogging and fined. Absent a clear legal definition of “appropriate attire” or of the related punishment, women were subjected to the opinions of various disciplinary and security force members, police, and judges.

Throughout the year government and security forces cracked down on peaceful nationwide protests against dress restrictions.

In January several women in Tehran and Isfahan protested the compulsory hijab law by standing on platforms, publicly removing their headscarves, and waving them like flags. They were following the example of Vida Movahed, who performed a similar act of defiance in December 2017 on Revolution Street in Tehran. Pictures of Movahed–who disappeared for a month during detention by security forces at an unknown location–performing the act went viral online. According to reports, Movahed was sentenced in March to 24 months in prison but was released on bail.

In February authorities arrested 29 women in Tehran for peacefully protesting the mandatory dress law. Prosecutor General Mohammad Jafar Montazeri was quoted downplaying the significance of the protests, calling them “childish,” “emotionally charged,” and fomented from outside the country. One of the protesters, Narges Hosseini, a sociology student, was arrested and in March sentenced to two years in prison. Maryam Shariatmadari, a computer science student, was sentenced to one year in prison for “encouraging corruption by removing her hijab.” According to media reports and Amnesty International, Shaparak Shajarizadeh fled the country after being arrested on multiple occasions, subjected to torture and beatings, and released on bail in April; she reportedly was sentenced in absentia to 20 years in prison for peacefully protesting. According to reports, other women and some men were arrested throughout the country for similar activities.

In March, according to an HRW report, police arrested approximately 35 women who had gathered outside Azadi Stadium in Tehran seeking to watch a soccer match. In June, however, authorities allowed women and men into the same stadium to watch a live streaming of the national football team competing at the World Cup, and in October close to 100 women were allowed to attend a live match.

As noted by the former UNSR and other organizations, female athletes have been traditionally barred from participating in international tournaments, either by the country’s sport agencies or by their husbands. There were, however, cases throughout the year of female athletes being permitted to travel internationally to compete.

Children

The country established the National Body on the Convention on the Rights of the Child in 2012 to promote the Convention on the Rights of the Child, to which it is a signatory. The Ministry of Justice oversees the body, which reviews draft regulations and legislation relating to children’s rights.

The country last underwent a periodic panel review by the UN Committee on the Rights of the Child in 2016. The review noted many concerns, including discrimination against girls; children with disabilities; unregistered, refugee, and migrant children; and LGBTI minors.

There is a separate juvenile court system. Male juvenile detainees were held in separate rehabilitation centers in most urban areas, but female juvenile detainees and male juvenile detainees in rural areas were held alongside adults in detention facilities, according to NGO reports presented to the UN Committee on the Rights of the Child. (See section 1.c. for the situation of children held in prison with their incarcerated mothers.)

Birth Registration: Only a child’s father conveys citizenship, regardless of the child’s country of birth or mother’s citizenship. Birth within the country’s borders does not confer citizenship, except when a child is born to unknown parents. The law requires that all births be registered within 15 days.

Education: Although primary schooling until age 11 is free and compulsory for all, media and other sources reported lower enrollment in rural areas, especially for girls.

Children without state-issued identification cards are denied the right to education. In her March report, UNSR Jahangir noted that in Sistan va Baluchistan Province, the Cabinet of Ministers requested the Ministry of Education to issue a special card for children without birth certificates so they could attend school. As a result, more than 20,000 children who had received such cards registered for school and 19,000 were allowed to attend.

Child Abuse: There was little information available on how the government dealt with child abuse. The law states, “Any form of abuse of children and juveniles that causes physical, psychological, or moral harm and threatens their physical or mental health is prohibited,” and such crimes carry a maximum sentence of three months in confinement or 10 million rials ($235).

Early and Forced Marriage: The legal minimum age of marriage for girls is 13, but girls as young as nine years old may be married with permission from the court and their fathers. In 2017 UNICEF reported that 17 percent of girls in the country were married before reaching age 18 and that approximately 40,000 were married before 15In her March report, UNSR Jahangir stated this number was likely higher, as thousands of underage marriages were not reported. The UNSR also previously cited statistics from the Tehran-based Association to Protect the Rights of Children, according to which 17 percent of all marriages in the country involved girls married to “old men.”

Sexual Exploitation of Children: The legal age requirements for consensual sex are the same as those for marriage, as sex outside of marriage is illegal. There are no specific laws regarding child sexual exploitation, with such crimes either falling under the category of child abuse or sexual crimes of adultery. The law does not directly address sexual molestation nor provide a punishment for it.

In July, according to media reports, a supervisor at a private boys’ school in Tehran was sentenced to 10 years in prison and 80 lashes for sexually abusing students at the school. Tehran Prosecutor Abbas Jafari Dolatabadi was reported by the press saying the parents of 15 students had complained that their children were raped or otherwise sexually abused.

According to the CHRI, the legal ambiguity between child abuse and sexual molestation could lead to child sexual molestation cases being prosecuted under adultery law. While no separate provision exists for the rape of a child, the crime of rape, regardless of the victim’s age, is potentially punishable by death.

Displaced Children: There were thousands of Afghan refugee children in the country, many of whom were born in Iran but could not obtain identity documents. These children were often unable to attend schools or access basic government services and were vulnerable to labor exploitation and trafficking.

In its 2016 report, the UN Committee on the Rights of the Child noted continued “allegations of abuse and ill treatment of refugee and asylum-seeking children by police and security forces.” UNHCR stated that school enrollment among refugees was generally higher outside camps and settlements, where greater resources were available.

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.

Anti-Semitism

The law recognizes Jews as a religious minority and provides for their representation in parliament. According to the 2011 census, the Jewish community numbered approximately 8,700. Government officials continued to question the history of the Holocaust, and anti-Semitism remained a pervasive problem. In November President Rouhani called Israel a “cancerous tumor” and a “fake regime.”

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

In March parliament adopted the Law for the Protection of the Rights of Persons with Disabilities. According to HRW, the law increases pensions and extends insurance coverage to disability-related healthcare services, but the new law does not explicitly prohibit discrimination. No information was available regarding authorities’ effectiveness in enforcing the law. The law prohibits those with visual, hearing, or speech disabilities from running for seats in parliament. While the law provides for government-funded vocational education for persons with disabilities, domestic news reports noted vocational centers were located only in urban areas and unable to meet the needs of the entire population.

As HRW reported, persons with disabilities remained cut off from society. They continued to face stigma and discrimination from government social workers, health-care workers, and others. Many persons with disabilities remained trapped in their homes, unable to live independently and participate in society on an equal basis. The law provides for public accessibility to government-funded buildings, and new structures appeared to comply with these standards. There were efforts to increase access for persons with disabilities to historical sites. Government buildings that predated existing accessibility standards remained largely inaccessible, and general building accessibility for persons with disabilities remained a problem. Persons with disabilities had limited access to informational, educational, and community activities. CHRI reported that refugees with disabilities, particularly children, were often excluded or denied the ability to obtain the limited state services provided by the government. CHRI also reported that, according to the director of the State Welfare Organization, 60 percent of persons with disabilities remained unemployed.

National/Racial/Ethnic Minorities

The constitution grants equal rights to all ethnic minorities, allowing minority languages to be used in the media. Article 101 of the Charter on Citizens’ Rights grants the right of citizens to learn, use, and teach their own languages and dialects. In practice minorities did not enjoy equal rights, and the government consistently barred use of their languages in school as the language of instruction.

The government disproportionately targeted minority groups, including Kurds, Ahwazis, Azeris, and Baluchis, for arbitrary arrest, prolonged detention, disappearances, and physical abuse. In its 2016 panel review on the country, the UN Committee on the Rights of the Child reported “widespread discrimination against children of ethnic minorities,” as well as “reported targeted arrests, detentions, imprisonments, killings, torture, and executions against such groups by the law enforcement and judicial authorities.”

These ethnic minority groups reported political and socioeconomic discrimination, particularly in their access to economic aid, business licenses, university admissions, job opportunities, permission to publish books, and housing and land rights.

Another widespread complaint among ethnic minority groups during the year, particularly among Ahwazis, Azeris and Lors, was that the government diverted and mismanaged natural resources, primarily water, often for the benefit of IRGC-affiliated contractors. According to reports from international media and human rights groups, these practices had devastated the local environment on which farmers and others depended for their livelihoods and well-being, resulting in forced migration and further marginalization of these communities. Throughout the year the government forcefully cracked down on environment-related protests that were largely centered in these ethnic minority communities. According to international media reports, in July the government forcefully suppressed protests over the scarcity of clean water in Khorramshahr, Khuzestan Province. Hundreds were arrested and at least four protesters were reported killed after security forces opened fire on the crowd.

The law, which requires religious screening and allegiance to the concept of “governance by the jurist,” not found in Sunni Islam, impaired the ability of Sunni Muslims (many of whom are also Baluch, Ahwazi, or Kurdish) to integrate into civic life and to work in certain fields.

Human rights organizations observed that the government’s application of the death penalty disproportionately affected ethnic minorities. Authorities reportedly subjected members of minority ethnicities and religious groups in pretrial detention repeatedly to more severe physical punishment, including torture, than other prisoners, regardless of the type of crime for which authorities accused them.

The estimated eight million ethnic Kurds in the country frequently campaigned for greater regional autonomy. The government continued to use the law to arrest and prosecute Kurds for exercising their rights to freedom of expression and association. The government reportedly banned Kurdish-language newspapers, journals, and books and punished publishers, journalists, and writers for opposing and criticizing government policies.

Authorities suppressed legitimate activities of Kurdish NGOs by denying them registration permits or bringing security charges against persons working with such organizations. Authorities did not prohibit the use of the Kurdish language in general.

Amnesty International reported on the forced disappearances of five Kurdish men in June 2017. According to the report, Ramin Hossein Panahi, an alleged member of the Komala armed opposition group, was arrested after taking part in an armed clash with the IRGC in Sanandaj, Kurdistan Province. IRGC guards then arrested Panahi’s brother and three other relatives, none of whom were reported to be involved with the armed clashes. After Ramin Panahi was sentenced to death in January 2018, he lived under the threat of an immediate execution while imprisoned in Sanandaj Central Prison. In August CHRI reported that Panahi had sewn his lips shut and gone on a hunger strike to protest the denial of his rights by prison authorities. The UN’s special rapporteur on extrajudicial, summary, or arbitrary executions, Agnes Callamard, said that Panahi was denied access to a lawyer and a fair trial and that he was mistreated and tortured in detention. According to media reports, Panahi’s torture including severe beatings, having his fingernails removed, and his head and body subjected to electric shocks. On September 8, authorities executed Panahi, along with two cousins, Zaniar and Loghman Moradi. International NGOs widely condemned the executions, claiming the prisoners had been tortured and sentenced to death following unfair trials based on forced confessions.

In April, according to international media reports and Kurdish rights groups, there were widespread peaceful protests and demonstrations over the government’s closure of the Baneh border crossing with Iraq, a vital conduit for trade with northern Iraq’s Kurdistan region. The government had also blocked since December 2017 the passes that Kurdish porters used to carry goods back and forth across the border. Rights groups said a number of Iranian Kurds were arrested and the internet was blocked during the protests.

International human rights observers, including the IHRDC, stated that the country’s estimated two million Ahwazi Arabs, representing 110 tribes, faced continued oppression and discrimination. Ahwazi rights activists reported the government continued to confiscate Ahwazi property to use for government development projects, refusing to recognize the paper deeds of the local population from the prerevolutionary era.

In March thousands of Ahwazis gathered in Ahwaz and in cities across Khuzestan Province to protest against state-sanctioned discriminatory policies. The protests were in part triggered when IRIB excluded the community’s cultural identity in an Iranian New Year television show that was supposed to highlight the country’s diversity. The protesters’ peaceful demands for an apology from IRIB were met by a violent crackdown from government security forces. According to reports from Ahwazi rights groups and eyewitness accounts, at least 400 Ahwazis were unjustly arrested in cities across Khuzestan Province.

Ahwazi human rights groups reported that the government rounded up hundreds of Ahwazis following the September attack on a military parade in Ahwaz (estimates reported in November ranged from 600 to more than 800 arrests), while the state-run Tasnim news agency reported the arrest of 22 in connection with the attack (see section 1.a.). Ahwazi human rights groups also reported instances of torture of detainees in the Intelligence Ministry detention center in Ahwaz.

Ethnic Azeris, who number more than 18 million, or approximately 23-25 percent of the population, were more integrated into government and society than other ethnic minority groups and included the supreme leader. Azeris reported that the government discriminated against them by harassing Azeri activists or organizers and changing Azeri geographic names.

According to international media reports and Azeri human rights groups, in July authorities arrested at least 50 Azeris days ahead of an annual gathering at Fort Babak in Eastern Azerbaijan Province and threatened others. According to reports, the government has tried to prevent thousands of Iranians, mostly Azeri speaking activists, from meeting every year at Babak Fortress to peacefully celebrate the birthday of a historic figure, Babak Khorramdin. The annual gathering has general overtones of Azeri nationalism.

Local and international human rights groups alleged discrimination during the year against the Baluchi ethnic minority, estimated at between 1.5 and two million persons. Areas with large Baluchi populations were severely underdeveloped and had limited access to education, employment, health care, and housing, and Baluchi activists reported that more than 70 percent of the population lived below the poverty line.

According to activist reports, the law limited Sunni Baluchis’ employment opportunities and political participation. Activists reported that throughout the year, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population. According to Baluchi rights activists, Baluchi journalists and human rights activists faced arbitrary arrest, physical abuse, and unfair trials. In February Baloch Activists Campaign (BAC) told CHRI that law enforcement agents had shot and killed at least 20 ethnic Baluchis and wounded 19 while allegedly pursuing suspected traffickers in Sistan va Baluchestan Province. According to BAC, government forces acted with impunity, with little provided in terms of justification for the deaths or means of restitution provided to victims’ families.

See section 2.b. for information on mass arrests of Gonabadi Sufi dervishes.

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

The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity.

Security forces harassed, arrested, and detained individuals they suspected of being LGBTI. In some cases security forces raided houses and monitored internet sites for information on LGBTI persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian LGBTI activist group 6Rang noted that individuals arrested under such conditions were traditionally subjected to forced anal or sodomy examinations, which the United Nations and World Health Organization said can constitute torture, and other degrading treatment and sexual insults. Punishment for same-sex sexual activity between men was more severe than between women. UNSR Jahangir reported in March receiving reports of the continued discrimination, harassment, arbitrary arrest and detention, punishment, and denial of rights of LGBTI persons.

The government censored all materials related to LGBTI status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs in the country. Hate crime laws or other criminal justice mechanisms did not exist to aid in the prosecution of bias-motivated crimes.

The law requires all male citizens older than age 18 to serve in the military but exempts gay men and transgender women, who are classified as having mental disorders. New military identity cards listed the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination.

NGOs reported that authorities pressured LGBTI persons to undergo gender reassignment surgery.

According to a May report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” of LGBTI persons continued to grow during the year. 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTI persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of the opposite sex. Many of these practices may constitute torture or other cruel, inhuman, or degrading treatment under international law. According to the report, one such institution is called “The Anonymous Sex Addicts Association of Iran,” with branches in 18 provinces.

HIV and AIDS Social Stigma

Despite government programs to treat and provide financial and other assistance to persons with HIV/AIDS, international news sources and organizations reported that individuals known to be infected with HIV/AIDS faced widespread societal discrimination. Individuals with HIV/AIDS, for example, continued to be denied employment as teachers.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for freedom of association, but neither the constitution nor law specifies trade union rights. The law states that workers may establish an Islamic labor council or a guild at any workplace, but the rights and responsibilities of these organizations fell significantly short of international standards for trade unions. In workplaces where workers established an Islamic labor council, authorities did not permit any other form of worker representation. The law requires prior authorization for organizing and concluding collective agreements. Strikes are prohibited in all sectors, although private sector workers may conduct “peaceful” campaigns within the workplace. The law does not apply to establishments with fewer than 10 employees.

Authorities did not respect freedom of association and the right to collective bargaining, and the government did not effectively enforce applicable laws. The government severely restricted freedom of association and interfered in worker attempts to organize. Labor activism was seen as a national security offense. The law does not prohibit antiunion discrimination and does not require reinstatement of workers fired for union activity. Antiunion discrimination occurred, and the government imprisoned, harassed, and restricted the activities of labor activists.

The Interior Ministry; the Ministry of Cooperatives, Labor, and Social Welfare; and the Islamic Information Organization determined labor councils’ constitutions, operational rules, and election procedures. Administrative and judicial procedures were lengthy. The Workers’ House remained the only officially authorized national labor organization, and its leadership oversaw, granted permits to, and coordinated activities with Islamic labor councils in industrial, agricultural, and service organizations with more than 35 employees.

According to CHRI, the labor councils, which consisted of representatives of workers and a representative of management, were essentially management-run unions that undermined workers’ efforts to maintain independent unions. The councils, nevertheless, sometimes could block layoffs and dismissals. There was no representative workers’ organization for noncitizen workers.

According to international media reports, security forces continued to respond to workers’ attempts to organize or conduct strikes with arbitrary arrests and violence. As economic conditions deteriorated, strikes and worker protests were numerous and widespread across the country throughout the year, often prompting a heavy police response. Security forces routinely monitored major worksites. According to CHRI, workers were routinely fired and risked arrest for striking, and labor leaders were charged with national security crimes for trying to organize workers.

CHRI reported that following protests in previous months, in June more than 60 workers at the Iran National Steel Industrial Group in Ahwaz, Khuzestan Province, were arrested for demanding their salaries, which had not been paid in three months. The Free Workers Union of Iran characterized the actions of security forces as a “barbaric raid” in the night.

According to a CHRI report, in August security forces violently suppressed protests at the Haft Tappeh sugarcane company in the southeast. Haft Tappeh, the country’s largest sugar production plant, had been the site of ongoing protests against unpaid wages and benefits for more than two years. Haft Tappeh’s employees, according to media reports in August, had not received any salary since May. According to CHRI, at least five workers were detained and charged with national security crimes but later released on bail following negotiations between labor representatives and judicial officials. In November, however, HRW reported that authorities had arrested all members of Haft Tappeh’s association of labor representatives, including Esmael Bakhshi and Mohsen Armand, two of the group’s prominent leaders.

According to NGO and media reports, as in previous years, a number of trade unionists were imprisoned or remained unjustly detained for their peaceful activism. Mehdi Farahi Shandiz, a member of the Committee to Pursue the Establishment of Labor Unions in Iran, continued serving a three-year sentence, having been convicted of “insulting the supreme leader” and “disrupting public order.” There were reports that Shandiz was beaten and tortured in Karaj Prison and kept for prolonged periods in solitary confinement.

The government continued to arrest and harass teachers’ rights activists from the Teachers Association of Iran and related unions. In November HRW reported on the government’s mounting crackdown against teachers participating in peaceful protests. HRW noted that the Telegram channel of the Council for Coordination among Teachers Unions reported the arrest of at least 12 teachers and the interrogation of 30 more. CHRI reported that IRGC agents arrested and beat teacher and trade union activist Mohammad Habibi in front of his students at Andisheh Technical High School in Shahriar in March. Habibi was sentenced to 10 and one-half years in prison. According to a CHRI report, Mahmoud Beheshti-Langroudi, the former spokesman for the Iranian Teachers’ Trade Association (ITTA), was incarcerated in Evin Prison in 2017 to begin serving a 14-year combined sentence for charges associated with his peaceful defense of labor rights. CHRI reported in July that Beheshti-Langroudi had commenced another hunger strike protesting his unjust sentence, the judiciary’s refusal to review his case, and the mistreatment of political prisoners.

According to reports from international media and human rights organizations, truck drivers launched nationwide strikes over low and unpaid wages throughout the year. HRANA reported that the government arrested at least 261 drivers in 19 provinces following a round of protests in September and October. The drivers were threatened with heavy sentences, and Attorney General Mohammad Jaafar Montazeri issued a public statement suggesting that those who initiated the protest should be subject to the death penalty. In October the International Transport Workers’ Federation expressed concern over the government’s harsh crackdown on labor action by truckers across the country, including the threat of the death penalty against organizers.

Esmail Abdi, a mathematics teacher and former secretary general of ITTA, continued serving a six-year prison sentence for labor rights activism. He was arrested in 2015 and convicted in 2016 for “propaganda against the state” and “collusion against national security.” CHRI reported in April that Abdi had written a letter from Evin Prison criticizing the judiciary’s “arbitrary and illegal rulings” and “widespread violations of the rights of teachers and workers in Iran.” He decried the “criminalization of trade unions” and demanded a public trial that he had thus far been denied.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law and made no significant effort to address forced labor during the year. Conditions indicative of forced labor sometimes occurred in the construction, domestic labor, and agricultural sectors, primarily among adult Afghan men.  Family members and others forced children to work.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of minors younger than age 15 and places restrictions on employment of minors younger than 18, such as prohibiting hard labor or night work. The law does not apply to domestic labor and permits children to work in agriculture and some small businesses from the age of 12. The government did not adequately monitor or enforce laws pertaining to child labor, and child labor remained a serious problem.

In its 2016 concluding observations, the UN Committee on the Rights of the Child cited a 2003 law that exempts workshops with fewer than 10 employees from labor regulations as increasing the risks of economic exploitation of children. It also noted serious concerns with the large number of children employed under hazardous conditions, such as in garbage collection, brick kilns, and industrial workshops, without protective clothing and for very low pay.

There were reportedly significant numbers of children, especially of Afghan descent, who worked as street vendors in major urban areas. According to official estimates, there were 60,000 homeless children, although many children’s rights organizations estimated up to 200,000 homeless children. The Committee on the Rights of the Child reported that street children in particular were subjected to various forms of economic exploitation, including sexual abuse and exploitation by the public and police officers. Child labor also was used in the production of carpets and bricks. Children worked as beggars, and there were reports that criminals forced some children into begging rings. Reza Ghadimi, the managing director of the Tehran Social Services Organization, was quoted by ISNA saying that, according to a survey of 400 child laborers, 90 percent were “molested.”

In September HRANA reported a Hamedan city councilman saying 550 child dumpster divers were active in Hamedan. They were reportedly employed by contractors paid by the city and were expected to collect an average of 170 pounds of recyclables daily, while deprived of all labor rights.

d. Discrimination with Respect to Employment and Occupation

The constitution bars discrimination based on race, gender, disability, language, and social status “in conformity with Islamic criteria,” but the government did not effectively enforce these prohibitions. According to the constitution, “everyone has the right to choose any occupation he wishes, if it is not contrary to Islam and the public interests and does not infringe on the rights of others.”

Despite this constitutional provision, the government made systematic efforts to limit women’s access to the workplace. An Interior Ministry directive requires all officials to hire only secretaries of their own gender. Women remained banned from working in coffee houses and from performing music alongside men, with very limited exceptions made for traditional music. Women in many fields were restricted from working after 9 p.m. Hiring practices often discriminated against women, and the Ministry of Cooperatives, Labor, and Social Welfare guidelines stated that men should be given preferential hiring status.

e. Acceptable Conditions of Work

In March the Supreme Labor Council, the government body charged with proposing labor regulations, agreed to raise the minimum wage by 19.8 percent to approximately 11 million rials ($265) per month. There were reported complaints that the minimum wage increase was too low in light of the plunging value of the Iranian rial against the U.S. dollar, which is used to price day-to-day goods.

The law establishes a maximum six-day, 44-hour workweek with a weekly rest day, at least 12 days of paid annual leave, and several paid public holidays. Any hours worked above that total entitles a worker to overtime. The law mandates a payment above the hourly wage to employees for any accrued overtime and provides that overtime work is not compulsory. The law does not cover workers in workplaces with fewer than 10 workers, nor does it apply to noncitizens.

Employers sometimes subjected migrant workers, most often Afghans, to abusive working conditions, including below-minimum-wage salaries, nonpayment of wages, compulsory overtime, and summary deportation without access to food, water, or sanitation facilities during the deportation process.

According to media reports, many workers continued to be employed on temporary contracts, under which they lacked protections available to full-time, noncontract workers and could be dismissed at any time without cause. Large numbers of workers employed in small workplaces or in the informal economy similarly lacked basic protections. Low wages, nonpayment of wages, and lack of job security due to contracting practices continued to be major drivers for strikes and protests, which occurred throughout the year.

According to local and international media reports, thousands of teachers, truckers, and workers from a wide variety of backgrounds and industries held largescale, countrywide rallies and protests demanding wage increases and payment of back wages throughout the year. Reports noted that these protests often drew a violent response from security forces, leading to numerous arrests.

Little information was available regarding labor inspection and related law enforcement. While the law provides for occupational health and safety standards, the government sometimes did not enforce these standards in either the formal or informal sectors. Workers reportedly lacked the power to remove themselves from situations that endangered their health or safety without jeopardizing their employment.

Labor organizations alleged that hazardous work environments resulted in the deaths of thousands of workers annually. The state-run Iran Labor News Agency quoted the head of the Construction Workers Association, saying every year there were 1,200 deaths and 1,500 spinal cord injuries among construction workers, while local media routinely reported on workers’ deaths from explosions, gas poisoning, electrocution, or similar accidents.