An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Central African Republic

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

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

Although the law prohibits torture and specifies punishment for those found guilty of physical abuse, there were reports from NGOs that soldiers of the Central African Armed Forces (FACA), gendarmes, and police were responsible for torture.

In February the Central Office for the Repression of Banditry (OCRB) in Damala assaulted a 40-year-old woman after she came to plead for the release of her son who had been arrested following the theft of a motorcycle. A medical report documented the woman’s injuries.

There were reports of impunity for inhuman treatment, including torture, according to credible NGO sources, and abuse and rape of civilians, that resulted in deaths by forces from the ex-Seleka, Anti-balaka, LRA, and other armed groups (see section 1.g.).

The United Nations reported that it received eight allegations between January and August of sexual exploitation and abuse by UN peacekeepers that were deployed to MINUSCA. These allegations involved peacekeepers from Cameroon, Morocco, Niger, and Burundi. Of the eight allegations, seven involved minors and all were pending investigations by the United Nations or the troop contributing country.

According to the United Nations, three allegations of sexual exploitation and abuse against MINUSCA peacekeepers from Mauritania reported in 2017 were pending. Two cases alleged sexual abuse (sexual assault or rape), involving minors. In both cases the United Nations repatriated the peacekeepers in question. The other case alleged sexual exploitation (exploitative relationship). Investigations by the Mauritanian government were pending.

Prison and Detention Center Conditions

According to the Office of the UN High Commissioner for Refugees (UNHCR) independent expert and international NGOs, detention conditions in prisons did not generally meet international norms and were often inhuman.

MINUSCA detained and transferred to government custody several medium and high-level armed group members.

Physical Conditions: The government operated three prisons in or near Bangui: Ngaragba Central Prison, its high-security Camp de Roux annex for men, and the Bimbo Women’s Prison. A combination of international peacekeepers, FACA, prison officers trained by MINUSCA and the Ministry of Justice, and judicial police guarded both men’s and women’s prisons. Six prisons were operational outside the Bangui area: Bouar, Berberati, Bimbo, Bossangoa, Bambari, and Mbaiki. In other locations including Bossembele and Boda, police or gendarmes kept prisoners in custody. Most prisons were extremely overcrowded. Necessities, such as food, clothing, and medicine, were inadequate and were often confiscated by prison officials. Prisons lacked basic sanitation and ventilation, electricity, basic and emergency medical care, and sufficient access to potable water. Diseases were pervasive in all prisons. Official statistics regarding the number of deaths in prison were not available. Conditions were life threatening and substantially below international standards. The national budget did not include adequate funds for food for prison inmates.

Authorities sometimes held pretrial detainees with convicted prisoners, juveniles with adults, and failed to separate prisoners by gender. In Bangui, however, prisoners were separated by gender. Smaller prisons in cities such as Bouar, Mbaiki, Berberati, and Bossangoa segregated male from female prisoners, but conditions were substantially below international standards. Female prisoners were placed in facilities without ventilation or electricity. All detainees, including pregnant women, slept on thin straw mats on concrete floors.

There were no detention centers or separate cells in adult prisons for juvenile offenders. The Ngaragba Prison reported 32 juveniles held there. The accusations ranged from murder to witchcraft and petty crimes. Police and gendarmes held individuals beyond the statutory limits for detention before imposing formal charges.

Administration: MINUSCA is extensively involved in the administration of prisons. MINUSCA personnel staffed the prisons in Bangui, Boura, and Bambari. Prison detainees have the right to submit complaints of mistreatment, but victims rarely exercised this option due to the lack of a functioning formal complaint mechanism and fear of retaliation from prison officials. Authorities seldom initiated investigations of abuse in prisons.

Prisons were consistently underfunded with insufficient operating resources for the care of prisoners. There were reports that complainants paid police or gendarmes fees for their complaints to be heard. Additionally, prison guards and administrators were accused of charging prisoners, prisoners’ family members, and other visitors unofficial fees.

Independent Monitoring: In January, February, and July, the government permitted monitoring by UNHCR independent experts and international donors. The government also permitted monitoring by the UN Office of the High Commission for Human Rights and the UN Human Rights Council Independent Expert on Human Rights in the CAR.

Improvements: In April the government and agencies of the United Nations launched a nationwide recruitment of 300 new prison officers.

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights abuses and violations. Government officials often were cooperative and responsive to their views.

In August the national Disarmament, Demobilization, Reintegration, and Repatriation Consultative Committee (CC) launched a pilot disarmament, demobilization, and reintegration project in Bangui. The goal was to disarm 560 armed group members. Thirteen of the 14 recognized armed groups represented on the committee participated in the pilot program. According to the CC, in September 240 armed group members disarmed and enlisted in the FACA. An additional 198 members were disarmed and in training to reintegrate into their communities.

Government Human Rights Bodies: In April 2017 President Touadera signed into law an act establishing an independent National Commission on Human Rights and Fundamental Liberties. The commission expected to have the authority to investigate complaints, including the power to call witnesses and subpoena documents.

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

Women

Rape and Domestic Violence: The law prohibits rape, although it does not specifically prohibit spousal rape. Rape is punishable by imprisonment with hard labor, but the law does not specify a minimum sentence. The government did not enforce the law effectively.

Although the law does not specifically mention spousal abuse, it prohibits violence against any person and provides for penalties of up to 10 years in prison. Domestic violence against women was common, although there are laws and instrument prohibiting violence against women. The government took no known action to punish perpetrators.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls, which is punishable by two to five years’ imprisonment and a fine of 100,000 to one million CFA francs ($176 to $1,760), depending on the severity of the case.

Nearly one quarter of girls and women have been subjected to FGM/C in the country, with variations according to ethnicity and region. Approximately half of girls were cut between the ages of 10 and 14. Both the prevalence of FGM/C and support for the practice declined sharply over time.

Sexual Harassment: The law prohibits sexual harassment, but the government did not effectively enforce the law in the areas controlled by armed groups, and sexual harassment was common. The law prescribes no specific penalties for the crime.

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

Discrimination: The formal law does not discriminate against women in inheritance and property rights, but a number of discriminatory customary laws often prevailed. Women’s statutory inheritance rights often were not respected, particularly in rural areas. Women experienced economic and social discrimination. Customary law does not consider single, divorced, or widowed women, including those with children, to be heads of households. By law men and women are entitled to family subsidies from the government, but several women’s groups complained about lack of access to these payments for women.

Children

Birth Registration: Children derive citizenship by birth in the national territory or from one or both parents. Birth registration could be difficult and less likely to occur in regions with little government presence. Parents did not always register births immediately. Unregistered children faced restrictions on access to education and other social services. The courts issued more than 7,000 birth certificates. They were not delivered, however, because court clerks demanded payment for printing the certificates. The lack of routine birth registration also posed long-term problems.

Education: Education is compulsory from six to 15 years of age. Tuition is free, but students have to pay for items such as books and supplies and for transportation. Human Rights Watch documented the continued occupation of schools for military purposes, such as for barracks or bases. Further, it documented that abuses by fighters in and around schools threatened the safety of students and teachers, and impeded children’s ability to learn. In 2015 according to UNICEF, 38 percent of schools were attacked or looted during the crisis, and one-third of school-age children did not go to school. Girls did not have equal access to primary or secondary education. Few Ba’aka, the earliest known inhabitants of the forests in the south, attended primary school. There was no significant government assistance for efforts to increase Ba’aka enrollment.

According to an NGO nationwide survey during the year, between 78 and 88 percent of schools were open. According to the United Nations, an estimated 10,000 children were prevented from attending school during the year, mostly due to schools being occupied by armed groups.

Child Abuse: The law criminalizes parental abuse of children younger than age 15. Nevertheless, child abuse and neglect were widespread, although rarely acknowledged. The government did not take steps to address child abuse.

In March a Central African military colonel imprisoned and brutally abused his nine-year-old daughter for two years. The colonel remained free despite criminal charges being filed against him.

Domestic abuse, rape, and sexual slavery of women and girls by armed groups threatened their security, and sexual violence was increasingly used as a deliberate tool of warfare. Attackers enjoyed broad impunity. Constitutional guarantees of women’s rights were rarely enforced, especially in rural areas. Sexual abuses by UN peacekeeping forces had been documented, but many instances had not been investigated or prosecuted.

Early and Forced Marriage: The law establishes 18 as the minimum age for civil marriage. The practice of early marriage was more common in the Muslim community. There were reports during the year of forced marriages of young girls to ex-Seleka and Anti-balaka members. The government did not take steps to address forced marriage. For additional information, see Appendix C.

Sexual Exploitation of Children: There are no statutory rape or child pornography laws to protect minors. The family code prescribes penalties for the commercial exploitation of children, including imprisonment and financial penalties. The minimum age of sexual consent is 18, but it was rarely observed. A legal aid center in Bimbo for sexual and gender-based crimes reported cases involving minor victims.

For example, a man raped his four-year-old niece. The child was under medical treatment. UMIRR was investigating the case while the uncle remained in jail.

Armed groups committed sexual violence against children and used girls as sex slaves (see sections 1.g. and 2.d.).

For example, during the year, NGOs reported the LRA continued to target and abduct children. Abducted girls often were kept as sex slaves.

Child Soldiers: Child soldiering was a problem (see section 1.g.).

Displaced Children: Armed conflict resulted in forced displacement, with the number of persons fleeing in search of protection fluctuating based on local conditions.

The country’s instability had a disproportionate effect on children, who accounted for 60 percent of IDPs. Access to government services was limited for all children, but displacement reduced it further. Nevertheless, according to a humanitarian NGO, an estimated 140,000 displaced and vulnerable children participated in psychosocial activities, armed groups released 3,000 children, and approximately 3,500 survivors of sexual violence received comprehensive support.

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

There was no significant Jewish community, and there were no reports of anti-Semitic acts.

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 prohibits discrimination against persons with both mental and physical disabilities but does not specify other forms of disabilities. It requires that in any company employing 25 or more persons, at least 5 percent of staff must consist of sufficiently qualified persons with disabilities, if they are available. The law states that at least 10 percent of newly recruited civil service personnel should be persons with disabilities. There are no legislated or mandated accessibility provisions for persons with disabilities.

The government did not enact programs to ensure access to buildings, information, and communications. The Ministry of Labor, of Employment and Social Protection’s Labor Inspectorate has responsibility for protecting children with disabilities.

National/Racial/Ethnic Minorities

Violence by unidentified persons, bandits, and other armed groups against the Mbororo, primarily nomadic pastoralists, was a problem. Their cattle wealth made them attractive targets, and they continued to suffer disproportionately from civil disorder in the North. Additionally, since many citizens viewed them as inherently foreign due to their transnational migratory patterns, the Mbororo faced occasional discrimination with regard to government services and protections. In recent years the Mbororo have begun arming themselves against attacks from farmers who objected to the presence of the Mbororo’s grazing cattle. Several of the ensuing altercations resulted in deaths.

Social networks were increasingly used to incite hatred against persons of other ethnicities. The High Commission on Communications initiated a campaign to combat hate speech on social networks.

Indigenous People

Discrimination continued against the nomadic pastoralist Mbororo minority, as well as the forest-dwelling Ba’aka. The independent High Authority for Good Governance, whose members were appointed in March 2017, is tasked with protecting the rights of minorities and the handicapped, although its efficacy has yet to be proven.

Discrimination against the Ba’aka, who constituted 1 to 2 percent of the population, remained a problem. The Ba’aka continued to have little influence in decisions affecting their lands, culture, traditions, and the exploitation of natural resources. Forest-dwelling Ba’aka, in particular, experienced social and economic discrimination and exploitation, which the government did little to prevent.

The Ba’aka, including children, were often coerced into agricultural, domestic, and other types of labor. They were considered slaves by members of other local ethnic groups, and even when they were remunerated for labor, their wages were far below those prescribed by the labor code and lower than wages paid to members of other groups.

Refugees International reported the Ba’aka were effectively “second-class citizens,” perceived as barbaric and subhuman and excluded from mainstream society.

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

The penal code criminalizes consensual same-sex sexual activity. The penalty for “public expression of love” between persons of the same sex is imprisonment for six months to two years or a fine of between 150,000 and 600,000 CFA francs ($265 and $1,060). When one of the participants is a child, the adult could be sentenced to two to five years’ imprisonment or a fine of 100,000 to 800,000 CFA francs ($176 and $1,413); there were no reports police arrested or detained persons under these provisions.

While official discrimination based on sexual orientation occurred, there were no reports the government targeted LGBTI persons. Societal discrimination against LGBTI persons was entrenched due to a high degree of cultural stigmatization. There were no reports of LGBTI persons targeted for acts of violence, although the absence of reports could reflect cultural biases and stigma attached to being an LGBTI individual. There were no known organizations advocating for or working on behalf of LGBTI persons.

HIV and AIDS Social Stigma

Persons with HIV/AIDS were subjected to discrimination and stigma, and many individuals with HIV/AIDS did not disclose their status due to social stigma.

Other Societal Violence or Discrimination

Violent conflict and instability in the country had a religious cast. Many, but not all, members of the ex-Seleka and its factions were Muslim, having originated in neighboring countries or in the remote Muslim north, a region former governments often neglected.

During the worst of the crisis, some Christian communities formed anti-Seleka militias that targeted Muslim communities, presumably for their association with the Seleka. The Catholic archbishop of Bangui, local priests, and an imam continued working with communities to defuse tensions by making radio broadcasts urging members of their religious communities to call for tolerance and restraint. Local leaders, including the bishop of Bossangoa, and internationally based academics warned against casting the conflict in religious terms and thus fueling its escalation along religious lines.

Ethnic killings often related to transhumance movements occurred. The major groups playing a role in the transhumance movements were social groups centering on ethnic identity. These included Muslim Fulani/Peuhl herders, Muslim farming communities, and Christian/animist farming communities. These ethnic groups committed preemptive and reactionary killings in protection of perceived or real threats to their property (cattle herds or farms). Initial killings generated reprisal killings and counter killings.

According to the UNHCR independent expert, there were numerous credible reports that “persons accused of witchcraft were detained, tortured, or killed by individuals or members of armed groups, particularly in the west of the country.”

The law outlawed the practice of witchcraft. According to the UNHCR independent expert, there were numerous credible reports that “persons accused of witchcraft were detained, tortured, or killed by individuals or members of armed groups, particularly in the west of the country.”

In April civil society members organized a conference bringing together anthropologists and legal experts to discuss witchcraft. Participants highlighted the misuse of this law by accusers, notably against women. Nevertheless, in May three persons accused of witchcraft were killed in Ndolobo, near Mbaïki.

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The labor code specifically prohibits and criminalizes all forms of forced or compulsory labor and prescribes a penalty of five to 10 years’ imprisonment for violations. The labor code’s prohibition of forced or compulsory labor also applies to children, although the code does not mention them specifically. The government did not enforce the prohibition effectively, however, and there were reports such practices occurred, especially in armed conflict zones. The failure of government enforcement was due to a lack of resources, a dysfunctional judicial system, and an inadequate inspection cadre. Employers subjected men, women, and children to forced domestic labor, agricultural work, mining, market or street vending, and restaurant labor, as well as sexual exploitation. Criminal courts sentenced convicted persons to imprisonment and forced labor, and prisoners often worked on public projects without compensation. In Bangui and other large urban areas, however, this practice was rare, partly because of the presence of human rights NGOs or lawyers and because day labor was inexpensive. Ba’aka, including children, often were coerced into labor as day laborers, farm hands, or other unskilled labor and often treated as slaves (see section 6). No known victims were removed from forced labor during the year.

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

South Africa

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

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

Although the law prohibits such practices, there were reports that police and correctional officers moved nonviolent suspects under interrogation into cells with violent criminals. Police allegedly ignored activities in the cells as the violent criminals intimidated, beat, or raped suspects, after which police continued the interrogation. Police torture and physical abuse allegedly occurred during house searches, arrests, interrogations, and detentions, and sometimes resulted in death (see section 1.a.).

The United Nations reported that it received 16 allegations of sexual exploitation and abuse against peacekeepers from South African units deployed in the UN Stabilization Mission in the Democratic Republic of the Congo during the year. The majority of cases alleged sexual exploitation (exploitative relationships, involving 11 peacekeepers and 11 victims; transactional sex, involving three peacekeepers and three victims). Sexual abuse (sexual assault, rape) was alleged in two cases, one of which involved a minor. Most UN investigations were pending. One allegation was substantiated according to a UN investigation. The peacekeeper in question was repatriated. Interim action was taken in three other cases. Seven allegations were reported in 2017, of which six remained under investigation (and one was closed because the subject died) at year’s end.

Prison and Detention Center Conditions

Prison conditions were harsh due to overcrowding, poor sanitation and medical care, disease, particularly tuberculosis, inmate-on-inmate rape, and physical abuse, including torture.

Physical Conditions: In 2016 the national commissioner for correctional services appealed to government security agencies to reduce overcrowding in the country’s correctional facilities. In 2017 the High Court ordered that the Pollsmoor detention facility’s inmate population be reduced to 150 percent of capacity within six months. Some prisoners believed they would be taken further away from their families where relatives would not be able to visit them due to unaffordable travel costs.

From April 1, 2017, through March 31, the Judicial Inspectorate of Correctional Services (JICS) received 231 complaints of assaults on prisoners by correctional officers. The Judicial Inspectorate of Correctional Services (JICS) and a JICS-appointed Independent Correctional Center Visitor (ICCV) monitored prison conditions in each correctional center. Authorities recorded and verified monthly ICCV visits in official registers kept at all correctional centers. The visitors submitted monthly reports to the inspecting judge, listing the number and duration of visits, the number of inmates interviewed, and the number and nature of inmate complaints. There were reports of shortages of prison doctors, inadequate investigation and documentation of prisoner deaths, inadequate monitoring of the prison population, high suicide rates among prisoners, and a lack of financial independence for JICS. Some detainees awaiting trial contracted HIV/AIDS through rape. Media and NGOs also reported instances in which prisoners were tortured.

Corruption among prison staff remained a problem. For example, in April, two wardens were arrested allegedly for accepting bribes to help 16 inmates escape from a Johannesburg prison.

According to the 2017-18 Department of Correctional Services (DCS) annual report, the country’s correctional facilities held 160,583 prisoners in facilities designed to hold 118,723; the correctional system was 35 percent above capacity, up 3 percent from the previous year. Many prisoners had less than 13 square feet in which to eat, sleep, and spend 23 hours a day. To reduce overcrowding, the government transferred prisoners to facilities that were below capacity.

NGOs such as the Aurum Institute, Society for Family Health, and South Africa Partners provided correctional centers with HIV testing and antiretroviral therapy. According to the DCS 2017-18 annual report, 26,442 inmates were placed on antiretroviral treatment.

General health care in prisons was inadequate; 7,574 inmates filed health-care complaints. Prisons provided inmates with potable water, but supplies and food were occasionally inadequate, and sanitation was inadequate, according to JICS.

The 2017-18 DCS annual report noted prisons held 3,432 youths (individuals under age 25). Prisons sometimes held youths alongside adults, particularly in pretrial detention. Prisons generally held pretrial detainees with convicted prisoners, although in some large urban areas dedicated pretrial facilities were available.

According to JICS, there were 569 prison deaths from April 1, 2017, through March 31, a 55-percent decrease from the prior 12 months. Natural causes accounted for 487 deaths, a 5-percent decline from the prior 12 months. The JICS report drew a correlation between deaths from natural causes and overcrowding, noting that less crowded conditions would likely result in a decrease of natural deaths. Inmate violence sometimes resulted in deaths.

JICS was the primary monitoring group for prisons but was not autonomous since the DCS controlled its budget. According to JICS, from April 1, 2017, through March 31, ICCVs collectively handled 119,836 cases, a 74-percent decrease from the prior 12 months. NGOs claimed the failure of the DCS to follow up on ICCV recommendations hindered the program’s effectiveness. They also claimed many ICCVs lacked independence in their oversight or reporting of abuses.

Local NGO Lawyers for Human Rights (LHR) criticized conditions at the Lindela Repatriation Center, the country’s largest immigrant detention facility. According to LHR, detainees were subject to physical and verbal abuse, corruption and demands for bribes, insufficient food, lack of reading and writing materials, lack of access to recreational facilities or telephones, lack of access to and poor quality of medical care, indefinite detention without judicial review, and lack of procedural safeguards such as legal guidelines governing long-term detention.

The DCS required doctors to complete and sign reports of inmate deaths to lessen the likelihood that a death caused by neglect would be reported as natural. Nevertheless, the DCS failed to investigate many deaths due to an insufficient number of doctors.

Prisons provided detainees in cells with felt mattresses and blankets. Most cells had toilets and basins but often lacked chairs, adequate light, and ventilation. Food, sanitation, and medical care in detention centers were similar to those in prisons.

Prisoners with mental illness sometimes failed to receive psychiatric care.

Administration: Authorities did not always conduct proper investigations of credible allegations of mistreatment. JICS recommended the DCS have an ombudsman to address juvenile confinement and improve procedures to make confinement unnecessary, but the DCS had not implemented the change by year’s end.

Independent Monitoring: The government permitted independent monitoring of prison conditions, including visits by human rights organizations, which were required to apply for permission to gain access. Organizations’ requests for permission to visit prisons to conduct specific research were sometimes granted.

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

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

Government Human Rights Bodies: Although created by the government, the South African Human Rights Commission operated independently and was responsible for promoting the observance of fundamental human rights at all levels of government and throughout the general population. The commission also has the authority to conduct investigations, issue subpoenas, and take sworn testimony. Due to a large backlog of cases, the failure of government agencies to adhere to its recommendations and fund it adequately, the commission was considered only moderately effective.

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

Women

Rape and Domestic Violence: Rape of men or women, including spousal rape, is illegal and remained a serious and pervasive problem. The minimum sentence for conviction of rape is 10 years in prison for the first offense. Under certain circumstances, such as second or third offenses, multiple rapes, gang rapes, or the rape of a minor or a person with disabilities, conviction requires a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence. Perpetrators with previous rape convictions and perpetrators aware of being HIV positive at the time of the rape also face a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence.

In most cases attackers were acquaintances or family members of the victim, which contributed to a reluctance to press charges, as did a poor security climate and societal attitudes. In June, Khensani Maseko, a Rhodes University student, committed suicide after being raped by her boyfriend. In response the Department of Higher Education drafted a policy that requires institutions to expand support for victims of sexual violence and that perpetrators be prosecuted. From April 2017 through March, 40,525 cases of rape were reported. According to the 2017-2018 NPA Annual Report, the conviction rate for sexual offense crimes was 73 percent based on a sample of 6,879 cases that were “finalized” or investigated first as rape cases before being passed to the NPA and tried. A Medical Research Council study on the investigation, prosecution, and adjudication of reported rape cases concluded that only 18.5 percent of cases reported went to trial and only 8.6 percent of cases resulted in a verdict of guilty. Prosecutors chose not to prosecute many cases due to insufficient evidence. Poor police training, insufficient forensic lab capacity, a lack of trauma counseling for victim witnesses, and overburdened courts contributed to the low conviction rate.

The Department of Justice operated 58 dedicated sexual-offenses courts throughout the country. Although judges in rape cases generally followed statutory sentencing guidelines, women’s advocacy groups criticized judges for using criteria such as the victim’s behavior or relationship to the rapist as a basis for imposing lighter sentences.

The NPA operated 55 rape management centers, or TCCs (Thuthuzela Care Centers). All TCCs were located at hospitals. Of rape cases brought to TCCs, 47 percent went to trial and were terminated–by either conviction or acquittal–within nine months from the date a victim reported the case.

Domestic violence was pervasive and included physical, sexual, emotional, and verbal abuse, as well as harassment and stalking. The government prosecuted domestic violence cases under laws governing rape, indecent assault, damage to property, and violating a protection order. The law requires police to protect victims from domestic violence, but police commanders did not always hold officers accountable. Conviction of violating a protection order is punishable by a prison sentence of up to five years, or up to 20 years if additional criminal charges apply. Penalties for conviction of domestic violence include fines and sentences of between two and five years’ imprisonment.

The government financed shelters for abused women, but NGOs reported a shortage of such facilities, particularly in rural areas, and that women were sometimes turned away from shelters. The government conducted rape and domestic violence awareness campaigns, including a first-of-its-kind GBV summit. In August the government hosted numerous events focused on empowering women in business, government, health, sports, and the arts; however, many civil society organizations were critical of the Ministry of Women’s general focus on women’s economic empowerment while neglecting the issue of GBV.

On August 1, women across the country participated in #TotalShutdown, a one-day protest against violence against women. According to SAPS, the number of incidents of violence against women and children drastically increased nationwide during the year. In November, SAPS arrested two suspects in connection with the killing of three women and four children from one family in Vlakfontein (south of Johannesburg).

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of girls and women, but girls in isolated zones in ethnic Venda communities in Limpopo Province were subjected to the practice. The government continued initiatives to eradicate the practice, including national research and sensitization workshops in areas where FGM/C was prevalent. For additional information, see Appendix C.

Sexual Harassment: Although the law prohibits sexual harassment, it remained a widespread problem. With criminal prosecution a rare secondary step that the complainant must request, the government left enforcement primarily to employers. The Department of Labor issued guidelines to employers on how to handle workplace complaints that allow for remuneration of a victim’s lost compensation plus interest, additional damages, legal fees, and dismissal of the perpetrator in some circumstances.

Coercion in Population Control: There were no reports of forced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Discrimination against women remained a serious problem despite legal equality in family, labor, property, inheritance, nationality, divorce, and child custody matters. Women experienced economic discrimination in wages, extension of credit, and ownership of land.

Traditional patrilineal authorities, such as a chief or a council of elders, administered many rural areas. Some traditional authorities refused to grant land tenure to women, a precondition for access to housing subsidies. Women could challenge traditional land tenure decisions in courts, but access to legal counsel was costly.

According to the Employment Equity Amendment Act, any difference in the terms or conditions of employment among employees of the same employer performing the same, substantially similar, or equal value work constitutes discrimination. The act expressly prohibits unequal pay for work of equal value and discriminatory practices, including unequal pay and separate pension funds for different groups in a company.

The minister of women in the Presidency, the Commission for Gender Equality, the Commission for Employment Equity, and a number of other government bodies monitored and promoted women’s rights, as did numerous NGOs and labor unions.

Children

Birth Registration: The law provides for citizenship by birth (if at least one parent is a permanent resident or citizen), descent, and naturalization. Nevertheless, registration of births was inconsistent, especially in remote rural areas or among parents who were unregistered foreign nationals. Children without birth registration had no access to free government services such as education or health care, and their parents had no access to financial grants for their children. For additional information, see Appendix C.

Education: Public education is compulsory and universal until age 15 or grade nine. Public education is fee-based and not fully subsidized by the government. Nevertheless, the law provides that schools may not refuse admission to children due to a lack of funds; disadvantaged children, who were mainly black, were eligible for assistance. Even when children qualified for fee exemptions, low-income parents had difficulty paying for uniforms and supplies. In violation of law, noncitizen children were sometimes denied access to education.

Child Abuse: Child abuse is illegal. The penalties for conviction of child abuse include fines and up to 20 years’ imprisonment. Violence against children, including domestic violence and sexual abuse, remained widespread.

Some teachers and other school staff harassed, abused, raped, and assaulted students in schools, according to reports. The law requires schools to disclose sexual abuse to authorities, but administrators sometimes concealed sexual violence or delayed disciplinary action.

In April a Hermanus (Western Cape) schoolteacher was tried for the rape and kidnapping at gunpoint of a female pupil. The trial continued at year’s end.

Early and Forced Marriage: By law parental or judicial consent to marry is required for individuals younger than 18. Nevertheless, ukuthwala, the practice of abducting girls as young as age 12 and forcing them into marriage, occurred in remote villages in Western Cape, Eastern Cape, and KwaZulu-Natal Provinces. The law prohibits nonconsensual ukuthwala and classifies it as a trafficking offense. According to the 2016 State of the World’s Children Report of the UN Children’s Fund, 6 percent of girls in the country were married before age 18. For additional information, see Appendix C.

Sexual Exploitation of Children: Penalties for conviction of sexual exploitation of a child include fines and imprisonment of up to 20 years. By law the age of consent is 16. The statutory sentence for conviction of rape of a child is life in prison, although the law grants judicial discretion to issue sentences that are more lenient.

The law prohibits child pornography and provides for penalties including fines and imprisonment of up to 10 years. The Film and Publications Board maintained a website and a toll-free hotline for the public to report incidents of child pornography.

International Child Abductions: The country is a party to the 1980 Hague Convention on 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 South African Jewish Board of Deputies estimated the Jewish community at 75,000 to 80,000 persons. There were reports of verbal abuse, hate speech, harassment, and attacks on Jewish persons or property. Government and political representatives made anti-Semitic statements.

Twin brothers Brandon Lee Thulsie and Tony Lee Thulsie, arrested in 2016 for allegedly planning to set off explosives at Jewish establishments, continued to await trial at year’s end. They were charged with contravening the Protection of Constitutional Democracy Against Terror and Related Activities law and with having ties to a foreign terrorist organization.

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 prohibits discrimination based on physical, sensory, intellectual, and mental disability in employment or access to health care, the judicial system, and education. Persons identified by the courts as having a mental disability, however, are prohibited by law from voting. Department of Transportation policies on providing services to persons with disabilities were consistent with the constitution’s prohibition on discrimination. The Department of Labor ran vocational centers at which persons with disabilities learned skills to earn a living. Nevertheless, government and private-sector discrimination existed. The law mandates access to buildings for persons with disabilities, but such regulations were rarely enforced, and public awareness of them remained minimal.

According to the 2017-2018 Annual Report of the Department of Basic Education, there were numerous barriers to education for students with disabilities, primarily a policy of channeling students into specialized schools at the expense of inclusive education. Separate schools frequently charged additional fees (making them financially inaccessible), were located long distances from students’ homes, and lacked the capacity to accommodate demand. Children often were housed in dormitories with few adults, many of whom had little or no training in caring for children with disabilities. When parents attempted to force mainstream schools to accept their children with disabilities–an option provided for by law–schools sometimes rejected the students outright because of their disabilities or claimed there was no room. Many blind and deaf children in mainstream schools received only basic care rather than education.

The law prohibits harassment of persons with disabilities and, in conjunction with the Employment Equity Act, provides guidelines on the recruitment and selection of persons with disabilities, reasonable accommodation for persons with disabilities, and guidelines on proper handling of employees’ medical information. Enforcement of this law was limited.

Persons with disabilities were sometimes subject to abuse and attacks, and prisoners with mental disabilities often received no psychiatric care. According to the 2016 Optimus Study, children with disabilities were 78 percent more likely than children without disabilities to have experienced sexual abuse in the home. According to media reports, in June a mute 11-year-old boy was raped at the Golden Hours Special Needs School in Durban North.

National/Racial/Ethnic Minorities

Incidents of racism continued. In March, Vicki Momberg was convicted of crimen injuria (see section 2.a.) for repeatedly addressing black police officers with a racial slur and sentenced to two years’ imprisonment without parole. She was recorded on video using the “K-word” 48 times at the officers who were trying to assist her after she was a victim of a theft in Johannesburg. Momberg’s conviction was the first under the 2000 Promotion of Prevention of Unfair Discrimination Act.

Some advocacy groups asserted that white farmers were targeted for burglaries, home invasions, and killing because of their race. Some analysts attributed the incidents to the country’s high and growing crime rate. According to the Institute for Security Studies, “farm attacks and farm murders have increased in recent years in line with the general upward trend in South Africa’s serious and violent crimes.” A report by the NGO AgriSA stated that killings on farms during the year were at their lowest level in the past 19 years. According to SAPS 2017/2018 crime statistics, farm killings represented only 0.3 percent of all killings in the country (62 of 20,336).

Xenophobic attacks on foreign African migrants and ethnic minorities occurred and sometimes resulted in death, injury, and displacement. Incidents of xenophobic violence generally were concentrated in areas characterized by poverty and lack of services. Citizens blamed immigrants for increased crime and the loss of jobs and housing. According to researchers from the African Center for Migration and Society, perpetrators of crimes against foreign nationals enjoyed relative impunity. In August, Soweto and other Johannesburg-area townships saw a spate of looting and violence targeted against small foreign-owned convenience shops. SAPS confirmed that four residents died and at least 27 were arrested on charges of murder, possession of firearms, and public disorder in connection with the violence. At year’s end their trial date had yet to be set.

Local community or political leaders who sought to gain notoriety in their communities allegedly instigated some attacks. The government sometimes responded quickly and decisively to xenophobic incidents, sending police and soldiers into affected communities to quell violence and restore order, but responses were often slow and inadequate. Since 2013 the government significantly reduced the number of assaults and deaths by evacuating foreign nationals from communities affected by xenophobic violence, although little was done to protect their property. Civil society organizations criticized the government for failing to address the causes of violence, for not facilitating opportunities for conflict resolution in affected communities, for failing to protect the property or livelihoods of foreign nationals, and for failing to deter such attacks by vigorous investigation and prosecution of perpetrators.

Indigenous People

The NGO Working Group of Indigenous Minorities in Southern Africa estimated there were 7,500 indigenous San and Khoi in the country, some of whom worked as farmers or farm laborers. By law the San and Khoi have the same political and economic rights as other citizens, although the government did not always effectively protect those rights or deliver basic services to indigenous communities. Indigenous groups complained of exclusion from land restitution, housing, and affirmative action programs. They also demanded formal recognition as “first peoples” in the constitution. Their lack of recognition as “first peoples” excluded them from inclusion in government-recognized structures for traditional leaders. Their participation in government and the economy was limited due to fewer opportunities, lack of land or other resources, minimal access to education, and relative isolation.

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

The constitution prohibits discrimination based on sexual orientation. The law prohibits discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care.

Despite government policies prohibiting discrimination, there were reports of official mistreatment or discrimination based on sexual orientation or gender identity. Security force members, for example, reportedly raped LGBTI individuals during arrest. A 2018 University of Cape Town report underscored violence and discrimination, particularly against lesbians and transgender individuals. The report documented cases of “secondary victimization” of lesbians, including cases in which police harassed, ridiculed, and assaulted victims of sexual violence and GBV who reported abuse. LGBTI individuals were particularly vulnerable to violent crime due to anti-LGBTI attitudes within the community and among police. Anti-LGBTI attitudes among junior members of SAPS affected how they handled complaints by LGBTI individuals.

The multisector network of civil society organizations Hate Crimes Working Group analyzed 945 cases of hate crimes from across five provinces and found that 17 percent of victims were targeted due to their sexual orientation. According to the NGO, approximately 66 percent of hate crimes were not reported to police. Of those reported there were numerous abuses similar to the following example. In February media reported that during the annual gathering in Tongaat of pastors of the Shembe Nazareth Church, 50 male parishioners were beaten for being gay.

HIV and AIDS Social Stigma

HIV and HIV-related social stigma and discrimination in employment, housing, and access to education and health care remained a problem, especially in rural communities. In 2015 the South African National AIDS Council–a joint body composed of government, academic, and civil society representatives–released a landmark People Living with HIV Stigma Index. The council surveyed a representative sampling of more than 10,000 HIV-positive individuals regarding their experiences with social stigma. The survey revealed a large majority of respondents had never been excluded from social gatherings. Nevertheless, those who reported exclusion cited their HIV status as the main reason. For additional information, see Appendix C.

Other Societal Violence or Discrimination

There were reports that persons accused of witchcraft were attacked, driven from their villages, and in some cases killed, particularly in Limpopo, Mpumalanga, KwaZulu-Natal, and Eastern Cape Provinces. Victims were often elderly women. Traditional leaders generally cooperated with authorities and reported threats against persons suspected of witchcraft.

Persons with albinism faced discrimination and were sometimes attacked in connection with ritual practices.

Ritual (muthi) killings to obtain body parts believed by some to enhance traditional medicine persisted. Police estimated organ harvesting for traditional medicine resulted in 50 deaths per year.

Incidents of vigilante violence and mob killings occurred. For example, in August, two men were killed in separate incidents of mob justice in Brits (North West Province). In one case the victim of an armed robbery caught the perpetrator and took him to the night vigil of the victim’s congregation, where he was assaulted and later died of his injuries. In the second case, police arrested a man for assault. Hundreds of community members surrounded the police vehicle in which the suspect was being held, poured hot wax on the vehicle, pelted police with stones, and removed the suspect, whom they set on fire and killed.

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced labor and provides for penalties ranging from fines to three years in prison for perpetrators convicted of forced labor. The penalties were insufficient to deter violations, in part because inspectors typically levied fines and required payment of back wages in lieu of meeting evidentiary standards of criminal prosecution. The Prevention and Combatting of Trafficking in Persons Act of 2013 increased maximum fines for forced labor to 100,000 rand ($7,720) and the maximum criminal sentence to life in prison.

The government did not always effectively enforce the law. Boys, particularly migrant boys, were reportedly forced to work in street vending, food services, begging, criminal activities, and agriculture (see section 7.c.). Women from Asia and neighboring African countries were recruited for legitimate work, but some were subjected to domestic servitude or forced labor in the service sector. There was also evidence of forced labor in the agricultural sector.

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

Human Rights Reports
Edit Your Custom Report

01 / Select A Year

02 / Select Sections

03 / Select Countries You can add more than one country or area.

U.S. Department of State

The Lessons of 1989: Freedom and Our Future