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Afghanistan

Executive Summary

Afghanistan is an Islamic republic with a directly elected president, a bicameral legislative branch, and a judicial branch. Parliamentary elections for the lower house of parliament were constitutionally mandated for 2015, but for a number of reasons, were not held until October 2018. Elections were held on October 20 and 21 in all provinces except in Ghazni where they were delayed due to an earlier political dispute and in Kandahar where they were delayed following the October 18 assassination of provincial Chief of Police Abdul Raziq. Elections took place in Kandahar on October 27, but elections in Ghazni were not scheduled by year’s end. Although there was high voter turnout, the election was marred by violence, technical issues, and irregularities, including voter intimidation, vote rigging, and interference by electoral commission staff and police. In some cases, polling stations were forced to close due to pressure from local leaders.

Civilian authorities generally maintained control over the security forces, although security forces occasionally acted independently.

Human rights issues included extrajudicial killings by security forces; forced disappearances; torture; arbitrary arrest; arbitrary detention; criminalization of defamation; government corruption; lack of accountability and investigation in cases of violence against women, including those accused of so-called moral crimes; sexual abuse of children by security force members; violence by security forces against members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community; and violence against journalists.

Widespread disregard for the rule of law and official impunity for those responsible for human rights abuses were serious problems. The government did not consistently or effectively prosecute abuses by officials, including security forces.

There were major attacks on civilians by armed insurgent groups and targeted assassinations by armed insurgent groups of persons affiliated with the government. The Taliban and other insurgents continued to kill security force personnel and civilians using indiscriminate tactics such as improvised explosive devices (IEDs), suicide attacks, and rocket attacks, and to commit disappearances and torture. The UN Assistance Mission in Afghanistan (UNAMA) attributed 65 percent of civilian casualties during the first nine months of the year (1,743 deaths and 3,500 injured) to antigovernment actors. The Taliban and ISIS-Khorasan Province (ISIS-K) used children as suicide bombers, soldiers, and weapons carriers. Other antigovernment elements threatened, robbed, kidnapped, and attacked government workers, foreigners, medical and nongovernmental organization (NGO) workers, and other civilians.

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 several reports that the government or its agents committed arbitrary or unlawful killings. From January 1 to September 30, UNAMA reported an overall increase in civilian deaths over the same period for 2017, from 2,666 to 2,798. The number of civilian deaths attributed to progovernment forces increased from 560 to 761. The total number of civilian casualties decreased from 8,084 to 8,050.

According to the annual report UNAMA released in February, Afghan Local Police (ALP) in Zurmat District, Paktiya Province, killed a civilian and injured two others during an attempted home invasion and robbery in September 2017. Although the government investigated and prosecuted some cases of extrajudicial killing, an overall lack of accountability for security force abuses remained a problem, particularly with the ALP.

There were numerous reports of politically motivated killings or injuries by the Taliban, ISIS-K, and other insurgent groups. UNAMA reported 1,743 civilian deaths due to antigovernment and terrorist forces in the first nine months of the year. These groups caused 65 percent of total civilian casualties, compared with 64 percent in 2017. On August 15, ISIS-K killed 48 individuals and injured 67 in a bombing that targeted students in a Kabul classroom.

b. Disappearance

There were reports of disappearances committed by security forces and antigovernment forces alike.

UNAMA, in its biannual Report on the Treatment of Conflict-Related Detainees, reported multiple allegations of disappearances by the ANP in Kandahar.

Two professors, working for the American University of Afghanistan and kidnapped by the Taliban in 2016 in Kabul, remained in captivity.

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

Although the constitution and law prohibit such practices, there were numerous reports that government officials, security forces, detention center authorities, and police committed abuses.

NGOs reported security forces continued to use excessive force, including torturing and beating civilians. On April 17, the government approved the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, building on the prior year’s progress in passing the Antitorture Law. Independent monitors, however, continued to report credible cases of torture in detention centers.

UNAMA, in its April 2017 Report on the Treatment of Conflict-Related Detainees, stated that of the 469 National Directorate for Security (NDS), ANP, and Afghan National Defense and Security Forces (ANDSF) detainees interviewed, 39 percent reported torture or other abuse. Types of abuse included severe beatings, electric shocks, prolonged suspension by the arms, suffocation, wrenching of testicles, burns by cigarette lighters, sleep deprivation, sexual assault, and threats of execution.

The Afghanistan Independent Human Rights Commission (AIHRC) stated in its June report on the use of torture in detention centers that of the 621 detainees they interviewed, 79 persons, or 12 percent, reported being tortured, for the purpose of both eliciting confessions as well as punishment. The AIHRC reported that of these 79 cases, the ANP perpetrated 62 cases, with the balance by the NDS and ANDSF.

In November 2016, first vice president General Abdul Rashid Dostum allegedly kidnapped Uzbek tribal elder and political rival Ahmad Ishchi. Before detaining Ishchi, Dostum let his bodyguards brutally beat him. After several days in detention, Ishchi alleged he was beaten, tortured, and raped by Dostum and his men. Dostum returned in July and resumed his duties as first vice president after more than a year in Turkey. As of August there was no progress on the case brought by Ishchi.

There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. The AIHRC and other organizations reported summary convictions by Taliban courts that resulted in executions by stoning or beheading. According to media reports, Taliban in Kohistan District, Sar-e Pul Province, stoned a man to death in February on suspicion of zina (extramarital sex). There were other reports of ISIS-K atrocities, including the beheading of a 12-year-old child in Darzab District, Jowzjan Province, in April, the beheading of three medical workers in Chaparhar District, Nangarhar Province, in April, and stoning of a man in Nangarhar in February.

Prison and Detention Center Conditions

Prison conditions were difficult due to overcrowding, unsanitary conditions, and limited access to medical services. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Ministry of Interior, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers, including the large national prison complex at Pul-e Charkhi. The Ministry of Justice’s Juvenile Rehabilitation Directorate is responsible for all juvenile rehabilitation centers. The NDS operates short-term detention facilities at the provincial and district levels, usually collocated with their headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan. There were credible reports of private prisons run by members of the ANDSF and used for abuse of detainees. The Taliban also maintain illegal detention facilities throughout the country. The ANDSF discovered and liberated several Taliban detention facilities during the year and reported that prisoners included children and Afghans accused of moral crimes or association with the government.

Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem. Based on standards recommended by the International Committee of the Red Cross (ICRC), 28 of 34 provincial prisons for men were severely overcrowded. The country’s largest prison, Pul-e Charkhi, held 13,118 prisoners, detainees, and children of incarcerated mothers as of October, 55 percent more than it was designed to hold. In August more than 500 prisoners at Pul-e Charkhi participated in a one-week hunger strike to protest prison conditions, particularly for elderly and ill inmates, and the administration of their cases.

Authorities generally lacked the facilities to separate pretrial and convicted inmates or to separate juveniles according to the seriousness of the charges against them. Local prisons and detention centers did not always have separate facilities for female prisoners.

According to NGOs and media reports, children younger than age 15 were imprisoned with their mothers, due in part to a lack of capacity among Children’s Support Centers. These reports documented insufficient educational and medical facilities for these minors.

Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate. The GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items. In November 2017 the local NGO Integrity Watch Afghanistan reported that Wardak Prison had no guaranteed source of clean drinking water and that prisoners in Pul-e Charkhi, Baghlan, and Wardak had limited access to food, with prisoners’ families also providing food to make up the gap.

Administration: The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners.

Independent Monitoring: The AIHRC, UNAMA, and the ICRC monitored the NDS, Ministry of Interior, Ministry of Justice, and Ministry of Defense detention facilities. NATO Mission Resolute Support monitored the NDS, ANP, and Defense Ministry facilities. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when they arrived unannounced. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from properly documenting physical evidence of abuse, such as bruises, scars, and other injuries. The NDS assigned a colonel to monitor human rights conditions in its facilities.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but both remained serious problems. Authorities detained many citizens without respecting essential procedural protections. According to NGOs, law enforcement officers continued to detain citizens arbitrarily without clear legal authority or due process. Local law enforcement officials reportedly detained persons illegally on charges not provided under local criminal law. In some cases authorities improperly imprisoned women because they deemed it unsafe for the women to return home or because women’s shelters were not available to provide protection in the provinces or districts at issue (see section 6, Women). The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter, but authorities generally did not observe this requirement.

ROLE OF THE POLICE AND SECURITY APPARATUS

Three ministries have responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the NDS. The ANP, under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police (ALP), a community-based self-defense force. The Major Crimes Task Force (MCTF), also under the Ministry of Interior, investigates major crimes including government corruption, human trafficking, and criminal organizations. The Afghan National Army, under the Ministry of Defense, is responsible for external security, but its primary activity is fighting the insurgency internally. The NDS functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. The investigative branch of the NDS operated a facility in Kabul, where it held national security prisoners awaiting trial until their cases went to prosecution. Some areas were outside of government control, and antigovernment forces, including the Taliban, oversaw their own justice and security systems.

There were reports of impunity and lack of accountability by security forces throughout the year. According to observers, ALP and ANP personnel were largely unaware of their responsibilities and defendants’ rights under the law. Accountability of the NDS, ANP, and ALP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS, MCTF, ANP, and ALP in the investigation and prosecution of crimes or misconduct, including torture and abuse, was limited or nonexistent.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

UNAMA, the AIHRC, and other observers reported arbitrary and prolonged detention frequently occurred throughout the country. Authorities often did not inform detainees of the charges against them.

The new Penal Code, which took effect in February, modernizes and consolidates criminal laws incorporating new provisions, including the introduction of alternatives to incarceration for adults. Understanding and knowledge of the new code among justice-sector actors and the public was not widespread, but a UNAMA “Survey and Preliminary Findings on Implementation of the 2017 Penal Code (RPC) in Afghanistan”, conducted between April and July, found that courts generally were applying the new Penal Code and were aware of when it should be applied.

Existing law provides for access to legal counsel and the use of warrants, and it limits how long authorities may hold detainees without charge. Police have the right to detain a suspect for 72 hours to complete a preliminary investigation. If police decide to pursue a case, they transfer the file to the Attorney General’s Office. After taking custody of a suspect, the Attorney General’s Office can issue a detention warrant for up to seven days for a misdemeanor and 15 days for a felony. With court approval, the investigating prosecutor may continue to detain a suspect while continuing the investigation, with the length of continued detention depending on the severity of the offense. The investigating prosecutor may detain a suspect for a maximum of 10 days for a petty crime, 27 days for a misdemeanor, and 75 days for a felony. The prosecutor must file an indictment or release the suspect within those deadlines; there can be no further extension of the investigatory period if the defendant is already in detention. Prosecutors often ignored these limits. In addition there were multiple reports that judges often detained prisoners after sentences were completed because a bribe for release had not been paid. Incommunicado imprisonment remained a problem, and prompt access to a lawyer was rare. Prisoners generally were able to receive family visits.

The criminal procedure code, although rarely used, provides for release on bail. Authorities at times remanded “flight risk” defendants pending a prosecutorial appeal despite the defendants’ acquittal by the trial court. In other cases authorities did not rearrest defendants released pending appeal, even after the appellate court convicted them in absentia.

According to international monitors, prosecutors filed indictments in cases transferred to them by police, even where there was a reasonable belief no crime occurred.

According to the juvenile code, the arrest of a child “should be a matter of last resort and should last for the shortest possible period.” Reports indicated children in juvenile rehabilitation centers across the country lacked access to adequate food, health care, and education. Detained children frequently did not receive the presumption of innocence, the right to know the charges against them, access to defense lawyers, and protection from self-incrimination. The law provides for the creation of special juvenile police, prosecution offices, and courts. Due to limited resources, special juvenile courts functioned in only six provinces (Kabul, Herat, Balkh, Kandahar, Nangarhar, and Kunduz). Elsewhere, children’s cases went to ordinary courts. The law mandates authorities handle children’s cases confidentially.

Some children in the criminal justice system were victims rather than perpetrators of crime. In the absence of sufficient shelters for boys, authorities detained abused boys and placed them in juvenile rehabilitation centers because they could not return to their families and shelter elsewhere was unavailable.

Police and legal officials often charged women with intent to commit zina (sex outside marriage) to justify their arrest and incarceration for social offenses, such as running away from their husband or family, rejecting a spouse chosen by their families, and fleeing domestic violence or rape, or eloping to escape an arranged marriage. The constitution provides that in cases not explicitly covered by the provisions of the constitution or other laws, courts may, in accordance with Hanafi jurisprudence (a school of Islamic law) and within the limits set by the constitution, rule in a manner that best attains justice in the case. Although observers stated this provision was widely understood to apply only to civil cases, many judges and prosecutors applied this provision to criminal matters. Observers reported officials used this article to charge women and men with “immorality” or “running away from home”, neither of which is a crime. Police often detained women for zina at the request of family members.

Authorities imprisoned some women for reporting crimes perpetrated against them and detained some as proxies for a husband or male relative convicted of a crime on the assumption the suspect would turn himself in to free the family member.

Authorities placed some women in protective custody to prevent violence by family members. They also employed protective custody (including placement in a detention center) for women who had experienced domestic violence, if no shelters were available to protect them from further abuse. The 2009 Elimination of Violence Against Women (EVAW) presidential decree–commonly referred to as the EVAW law–obliges police to arrest persons who abuse women. Implementation and awareness of the EVAW law was limited, however. In March, President Ghani issued a decree amending the new Penal Code to reinforce EVAW as a stand-alone law.

Arbitrary Arrest: Arbitrary arrest and detention remained a problem in most provinces. Observers reported some prosecutors and police detained individuals without charge for actions that were not crimes under the law, in part because the judicial system was inadequate to process detainees in a timely fashion. Observers continued to report those detained for moral crimes were primarily women.

Pretrial Detention: The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter. Nevertheless, lengthy pretrial detention remained a problem. Many detainees did not benefit from the provisions of the criminal procedure code because of a lack of resources, limited numbers of defense attorneys, unskilled legal practitioners, and corruption. The law provides that, if there is no completed investigation or filed indictment within the code’s 10-, 27-, or 75-day deadlines, judges must release defendants. Judges, however, held many detainees beyond those periods, despite the lack of an indictment.

Amnesty: In January the government released 75 Hezb-e Islami Gulbuddin (HIG) political detainees as follow-up to a September 2016 peace accord with the HIG that included amnesty for past war crimes for HIG members including its leader, Gulbuddin Hekmatyar.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but the judiciary continued to be underfunded, understaffed, inadequately trained, largely ineffective, and subject to threats, bias, political influence, and pervasive corruption.

Judicial officials, prosecutors, and defense attorneys were often intimidated or corrupt. In May, UNAMA reported that the Anticorruption Justice Center, established in 2016 to combat corruption, has thus far indicted 142 cases, including charges of misuse of authority, embezzlement, bribery, forgery of documents, and money laundering. Bribery and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency impaired judicial impartiality. Most courts administered justice unevenly, employing a mixture of codified law, sharia, and local custom. Traditional justice mechanisms remained the main recourse for many, especially in rural areas. Corruption was common within the judiciary, and criminals often paid bribes to obtain their release or a sentence reduction (see section 4).

There was a widespread shortage of judges, primarily in insecure areas, leading to the adjudication of many cases through informal, traditional mediation. A shortage of women judges, particularly outside of Kabul, limited access to justice for women. Many women cannot and do not use the formal justice system because cultural norms preclude their engagement with male officials. Only 234 of 2162, or 12 percent, of judges are women. The formal justice system was stronger in urban centers, closer to the central government, and weaker in rural areas. Courts and police forces continued to operate at less than full strength nationwide. The judicial system continued to lack the capacity to absorb and implement the large volume of new and amended legislation. A lack of qualified judicial personnel hindered the courts. Some municipal and provincial authorities, including judges, had minimal training and often based their judgments on their personal understanding of sharia without appropriate reference to statutory law, tribal codes of honor, or local custom. The number of judges who graduated from law school continued to increase. Access to legal codes and statutes increased, but their limited availability continued to hinder some judges and prosecutors. UNAMA found during an April to July survey that judges did not have sufficient copies of the new Penal Code.

During the year an investigatory committee, formed by President Ghani in 2016, closed its inquiry into the Farkhunda case, which involved the 2015 death of a woman killed by a mob. The committee report described deficiencies in responses by the police, prosecutors, and the courts. The investigation was closed during the year without further action.

In major cities courts continued to decide criminal cases as mandated by law. Authorities frequently resolved civil cases using the informal system, the government mediation mechanism through the Ministry of Justice Huquq office, or, in some cases, through negotiations between the parties facilitated by judicial personnel or private lawyers. Because the formal legal system often was not present in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) were the primary means of settling both criminal matters and civil disputes. They also imposed punishments without regard to the formal legal system. UNAMA and NGOs reported several cases where perpetrators of violence against women crimes that included domestic abuse reoffended after their claims were resolved by mediation. For example, UNAMA cited a case where a Taliban court’s mediation sent a victim of spousal abuse back to her home, only for her husband to cut off her nose afterwards.

In some areas the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments included execution and mutilation. According to media reporting, in February a Taliban court in Obe District, Herat Province, cut off a man’s hand and leg as a sentence for robbery.

TRIAL PROCEDURES

The constitution provides the right to a fair and public trial, but the judiciary rarely enforced this provision. The administration and implementation of justice varied in different areas of the country. The government formally uses an inquisitorial legal system. By law all citizens are entitled to a presumption of innocence, and those accused have the right to be present at trial and to appeal, although the judiciary did not always respect these rights. Some provinces held public trials, but this was not the norm. The law requires judges to provide five days’ notice prior to a hearing, but this requirement was not always followed.

Three-judge panels decide criminal trials, and there is no right to a jury trial under the constitution. Prosecutors rarely informed defendants promptly or in detail of the charges brought against them. Indigent defendants have the right to consult with an advocate or counsel at public expense when resources allow. The judiciary applied this right inconsistently, in large part due to a severe shortage of defense lawyers. Citizens were often unaware of their constitutional rights. Defendants and attorneys are entitled to examine physical evidence and documents related to a case before trial, although observers noted court documents often were not available for review before cases went to trial, despite defense lawyers’ requests.

Criminal defense attorneys reported the judiciary’s increased respect and tolerance for the role of defense lawyers in criminal trials, but defendants’ attorneys continued to experience abuse and threats from prosecutors and other law enforcement officials.

The criminal procedure code establishes time limits for the completion of each stage of a criminal case, from investigation through final appeal, when the accused is in custody. The code also permits temporary release of the accused on bail, but this was rarely honored. An addendum to the code provides for extended custodial limits in cases involving crimes committed against the internal and external security of the country. Courts at the Justice Center in Parwan regularly elected to utilize the extended time periods. If the judiciary does not meet the deadlines, the law requires the accused be released from custody. Often courts did not meet these deadlines, but detainees nevertheless remained in custody.

In cases where no clearly defined legal statute applied, or where judges, prosecutors, or elders were unaware of the statutory law, judges and informal shuras enforced customary law. This practice often resulted in outcomes that discriminated against women.

POLITICAL PRISONERS AND DETAINEES

There were no reports the government held political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Corruption and limited capacity restricted citizen access to justice for constitutional and human rights violations. Citizens submit complaints of human rights violations to the AIHRC, which reviews and submits credible complaints to the Attorney General’s Office for further investigation and prosecution.

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

The law prohibits arbitrary interference in matters of privacy, but authorities did not always respect its provisions. The criminal procedure code contains additional safeguards for the privacy of the home, prohibiting night arrests, requiring the presence of a female officer during residential searches, and strengthening requirements for body searches. The government did not always respect these prohibitions.

Government officials continued to enter homes and businesses of civilians forcibly and without legal authorization. There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.

Media and the government reported that the Taliban routinely used civilian homes as shelters and bases of operation, including in their attacks on Farah in May and Ghazni in August. There were also reports that the Taliban and ISIS-K used schools for military purposes.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year. The Helmand Peace March Initiative–the “peace tent” protest that launched in the provincial capital of Lashkar Gah on March 26 following a deadly car bombing–inspired antiwar demonstrations in at least 16 other provinces, which were largely peaceful.

FREEDOM OF ASSOCIATION

The constitution provides for the right to freedom of association, and the government generally respected it. The 2009 law on political parties obliges political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. In 2012 the Council of Ministers approved a regulation requiring political parties to open offices in at least 20 provinces within one year of registration. In 2017 President Ghani signed a decree prohibiting employees and officials of security and judicial institutions, specifically the Supreme Court, Attorney General’s Office, Ministry of Interior, Ministry of Defense, and National Directorate of Security, from political party membership while government employees. Noncompliant employees could be fired.

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. The government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, and other persons of concern. The government’s ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.

In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The greatest barrier to movement in some parts of the country was the lack of security. Social custom limited women’s freedom of movement without male consent or a male chaperone.

INTERNALLY DISPLACED PERSONS (IDPS)

Internal population movements increased during the year because of armed conflict and an historic drought. Nearly 470,000 individuals were internally displaced from January 1 to September 9. The 250,000 displacements caused by severe drought surpassed by approximately 30,000 the number of those displaced by conflict during the year. Most IDPs left insecure rural areas and small towns to seek relatively greater safety and government services in larger towns and cities in the same province. All 34 provinces hosted IDP populations.

Limited humanitarian access because of the deteriorating security situation caused delays in identifying, assessing, and providing timely assistance to IDPs, who continued to lack access to basic protection, including personal and physical security and shelter. Many IDPs, especially in households with a female head, faced difficulty obtaining basic services because they did not have identity documents. Many IDPs in urban areas reportedly faced discrimination, lacked adequate sanitation and other basic services, and lived in constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. Women in IDP camps reported high levels of domestic violence. Limited opportunities to earn a livelihood following the initial displacement often led to secondary displacement, making tracking of vulnerable persons difficult. Even IDPs who had access to local social services sometimes had less access than their non-IDP neighbors, due to distance from the services or other factors.

PROTECTION OF REFUGEES

Access to Asylum: The country is a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, which guarantee protection of refugees, including nonrefoulement. The Office of the UN High Commissioner for Refugees registers, and mitigates protection risks of, approximately 500 refugees in urban areas throughout the country. Although the government has not adopted a draft national refugee law and asylum framework, it allows refugees and asylum-seekers access to education and health care.

Durable Solutions: The government did not officially accept refugees for resettlement, offer naturalization to refugees residing on its territory, or assist in their voluntary return to their homes. Registered refugee returns from Pakistan and Iran slowed to historically low levels during the year, with just 12,052 returns as of September 8, 75 percent less than the same period in 2017 when 48,055 Afghan refugees returned. The International Organization for Migration reported a significant increase in unregistered returnees during the year, with 545,708 in total as of September 8, due in large part to drought and the decline in value of the Iranian rial.

On June 16, the government announced its decision to join the Comprehensive Refugee Response Framework as a country of origin. Through its Displacement and Returnees Executive Committee, the government continued to develop policies to promote the inclusion of returnees and IDPs in national programs and to ensure dignified, voluntary repatriations and reintegration.

STATELESS PERSONS

NGOs noted the lack of official birth registration for refugee children as a significant challenge and protection concern, due to the risk of statelessness and potential long-term disadvantage.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the opportunity to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Citizens exercised this ability in the 2014 presidential and provincial elections and the 2010 and 2018 parliamentary elections. Violence from the Taliban and other antigovernment groups and widespread allegations of fraud and corruption interfered with, but did not derail, the 2014 presidential elections and 2018 parliamentary elections. The constitution mandates parliamentary elections every five years, but the government’s inability to agree on needed electoral reforms delayed the 2015 elections until 2018. Members of parliament remained in office past the June 2015 expiration of their five-year terms by virtue of a presidential decree.

Elections and Political Participation

Recent Elections: National parliamentary elections were held on October 20 and 21 in all but two provinces. Approximately four million out of 8.8 million registered voters cast ballots. Voting was postponed by one week in Kandahar due to an October 18 attack that killed provincial Chief of Police Abdul Raziq. The Independent Election Commission (IEC) had not set a date for parliamentary elections in Ghazni Province at year’s end due to an earlier political dispute and protests that prevented the voter registration process in that province. Although there was high voter turnout, the election was marred by irregularities, including fraudulent voter registration, voter intimidation, vote rigging, such as interference by IEC staff and police, and in some cases, polling stations forced to close due to pressure from local leaders. The Interior Ministry reported 44 people had been charged with “illegal interference in the election and fraud.”

The United Nations reported that groups, primarily the Taliban, used threats, intimidation, and harassment to quell voting. Fifty-six individuals were reportedly killed and 379 injured due to election-related violence, including one bombing in Kabul that killed 18. Radio Free Europe/Radio Liberty reported that attacks killed at least 10 parliamentary candidates prior to the election, but the motivation for and perpetrators of those attacks was not clear.

A number of technical issues also hindered the voting process, including errors on voter lists, missing voter lists, missing election supplies, and a shortage of poll workers. The last-minute introduction of biometric voter verification devices in the election preparation process caused confusion and contributed to delayed polling and long lines. On December 6, the Electoral Complaints Commission (ECC) invalidated the votes cast in Kabul Province due to complaints of fraud, mismanagement and other voting irregularities and called for a new vote; however, days later the ECC reversed its decision following a series of meetings with the government and the IEC and an agreement from the IEC to share more information from the recount of ballots from Kabul.

The IEC released preliminary parliamentary results for all provinces but Ghazni, Kabul, Nangargar, Baghlan, and Paktia at year’s end.

Political Parties and Political Participation: The Political Party Law of 2003 granted parties the right to exist as formal institutions for the first time in the country’s history. Under this law any citizen 25 years or older may establish a political party. The law requires parties to have at least 10,000 members from the country’s 34 provinces to register with the Ministry of Justice, conduct official party business, and introduce candidates in elections. Only citizens who are 18 years or older and have the right to vote can join a political party. Certain members of the government, judiciary, military, and government-affiliated commissions are prohibited from political party membership during their tenure in office.

There were large areas of the country where political parties could not operate due to insurgencies and instability. Political parties played a greater role in the 2014 presidential elections than in previous elections, and the organization, networks, and public support of the parties that supported Abdullah and Ghani contributed to their success as presidential candidates.

Participation of Women and Minorities: No laws limit participation of women or members of minority groups in the political process. The constitution specifies a minimum number of seats for women and minorities in the two houses of parliament. For the Wolesi Jirga (lower house of the National Assembly), the constitution mandates that at least two women shall be elected from each province (for a total of 68). In the 2010 parliamentary elections, more women won seats than the minimum outlined in the constitution. The winners of the 2018 parliamentary election have not yet been announced. The constitution also mandates one-half of presidential appointees must be women. It also sets aside 10 seats in the Wolesi Jirga for members of the Kuchi minority (nomads). In the Meshrano Jirga (upper house of the National Assembly), the president’s appointees must include two Kuchis and two members with physical disabilities. In practice, one seat in the Meshrano Jirga is reserved for the appointment of a Sikh or Hindu representative, although this is not mandated by the constitution.

Traditional societal practices continue to limit women’s participation in politics and activities outside the home and community, including the need to have a male escort or permission to work. These factors, in addition to an education and experience gap, likely contributed to the central government’s male-dominated composition. The 2016 electoral law mandates that 25 percent of all provincial, district, and village council seats “shall be allocated to female candidates.” Neither district nor village councils had been established by year’s end.

Women active in government and politics continued to face threats and violence and were targets of attacks by the Taliban and other insurgent groups. No laws prevent minorities from participating in political life, although different ethnic groups complained of unequal access to local government jobs in provinces where they were in the minority. Individuals from the majority Pashtun ethnic group have more seats than any other ethnic group in both houses of parliament, but they do not have more than 50 percent of the seats. There was no evidence specific societal groups have been excluded. In past elections male family members could vote on behalf of the women in their families; however, the 2016 Electoral Law prohibited this practice, and the 2018 parliamentary election was the first where proxy voting for women was illegal.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials. The government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Reports indicated corruption was endemic throughout society, and flows of money from the military, international donors, and the drug trade continued to exacerbate the problem.

The Construction Sector Transparency Initiative Afghanistan reported that during the last 15 years, many government infrastructure projects did not go through proper legal mechanisms but instead were based on favoritism. The organization estimated total embezzlement in the billions of dollars.

According to prisoners and local NGOs, corruption was widespread across the justice system, particularly in connection with the prosecution of criminal cases and in arranging release from prison. For example, there were multiple reports that judges would not release prisoners who had served their sentences without payment from family members. There were also reports that officials received unauthorized payments in exchange for reducing prison sentences, halting investigations, or dismissing charges outright.

National-level survey data offered a mixed picture of corruption in the justice sector. The World Justice Project’s 2017 Rule of Lawsurvey found moderate improvements in perceptions of government accountability. Nonetheless, experts polled for the report cited corrupt prosecutors as the biggest problem in criminal investigative services and corruption as the largest problem in criminal courts. Respondents to the poll increasingly believed that high-ranking government officials would be investigated for embezzlement, but they also named judges, magistrates, parliamentarians, and local government officials as most likely to be involved in corrupt practices. Respondents also reported widespread bribe taking by government officials and agencies, police, and hospitals.

During the year there were reports of “land grabbing” by both private and public actors. Most commonly, businesses illegally obtained property deeds from corrupt officials and sold the deeds to unsuspecting prospective homeowners who were later prosecuted. Other reports indicated government officials confiscated land without compensation with the intent to exchange it for contracts or political favors. There were reports provincial governments illegally confiscated land without due process or compensation in order to build public facilities.

Corruption: In September the president sent a legislative decree to Parliament to approve a new Anticorruption Law that established an independent Anticorruption Commission to oversee efforts to prevent and mitigate corruption. The new law codifies the June 2016 presidential decree establishing an independent Anticorruption Justice Center (ACJC) with responsibility for prosecuting high-level corruption cases. During the year case progress through the ACJC appeared to stall, despite dramatic increases in the number of prosecutors assigned to the ACJC. ACJC prosecutors receive salary top offs and housing. Nearly half of all ACJC prosecutors and MCTF officers in the anticorruption unit failed polygraph examinations for corruption. In addition, as of September 20, the MCTF had a backlog of more than 120 warrants and notices to appear at the ACJC.

According to various reports, many government positions, up to district or provincial governorships, could be suborned. Governors with reported involvement in corruption, the drug trade, or records of human rights violations reportedly continued to receive executive appointments and served with relative impunity. For example, President Ghani appointed Zia ul-Haq Amarkhel, who was disqualified by the Electoral Complaints Commission for corruption, as special presidential advisor for public and political affairs. Ghani also appointed governor of Herat Mohammad Yusuf Nuristani to the Senate, although he was the target of outstanding ACJC arrest warrants. ACJC prosecutors investigated Nuristani for unlawful land transfers and misuse of authority and obtained the arrest warrants after he failed to appear on summons and ignored subpoenas. Nuristani surrendered himself to authorities in November.

There were allegations of widespread corruption, and abuse of power by officers at the Ministry of Interior. Provincial police reportedly extorted civilians at checkpoints and received kickbacks from the drug trade. Police reportedly demanded bribes from civilians to gain release from prison or avoid arrest. Nearly half of MCTF officers in the anticorruption unit failed corruption polygraph examinations. Senior Ministry of Interior officials also refused to sign off on the execution of arrest warrants. More than 120 unexecuted ACJC arrest warrants were pending as of September. In one case Ministry of Interior officers served as the protective detail of ACJC warrant target Major General Zamari Paikan, and drove him in a Ministry of Interior armored vehicle. The Ministry of Defense also provided protection to Paikan. The ACJC convicted General Paikan in absentia for corruption in December 2017 and sentenced him to 8.5 years imprisonment, but the Ministry of Interior had not arrested him.

Financial Disclosure: The Law on Declaration and Registration of Assets of State Officials and Employees was issued by legislative decree of October 2017. The law established the Administration on Registration and Assets of Government Officials and Employees (Administration) under the Administrative Office of the President. All government officials, employees, and elected officials are required to declare their assets. The Administration was responsible for collecting, verifying, and publishing information from senior government officials. The High Office of Oversight was dissolved in March 2018. Under the law all government officials and employees must submit financial disclosures on all sources and levels of personal income for themselves and their immediate family, annually and when they assume or leave office. Individuals who do not submit forms or are late in submission are subject to suspension of employment, salary, and travel bans. Travel bans were implemented for individuals who did not submit their forms.

During the year the Administration successfully registered assets of nearly 15,000 government employees, a significant increase over past years. Verification of assets continued to be slow and problematic for the Administration due to lack of organized systems in some government offices. Public outreach by the Administration allowed civil society and private citizen the opportunity to comment on individual declarations. As of September only two members of parliament had declared their assets.

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. Human rights activists continued to express concern that human rights abusers remained in positions of power within the government.

Government authorities undertook efforts in 2017 to amend the penal code and criminal procedure code to facilitate national investigations and prosecutions of atrocity crimes. The new Penal Code incorporates crimes against humanity provisions from the Rome Statute.

Government Human Rights Bodies: The constitutionally mandated AIHRC continued to address human rights problems, but it received minimal government funding and relied almost exclusively on international donor funds. Three Wolesi Jirga committees deal with human rights: the Gender, Civil Society, and Human Rights Committee; the Counternarcotics, Intoxicating Items, and Ethical Abuse Committee; and the Judicial, Administrative Reform, and Anticorruption Committee. In the Meshrano Jirga, the Committee for Gender and Civil Society addresses human rights concerns.

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

Women

Rape and Domestic Violence: The EVAW law, as amended during the year by a presidential decree, criminalizes 22 acts of violence against women, including rape; battery or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. The new Penal Code criminalizes rape of both women and men. The law provides for a minimum sentence of five to 16 years’ imprisonment for rape, or up to 20 years if one or more aggravating circumstances is present. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The new Penal Code also explicitly criminalizes statutory rape and, for the first time, prohibits the prosecution of rape victims for zina (sex outside of marriage). The law provides for imprisonment of up to seven years for aggression to the chastity or honor of a female “[that] does not lead to penetration to anus or vagina”. Under the law rape does not include spousal rape. Authorities did not always fully enforce these laws.

Prosecutors and judges in remote provinces were frequently unaware of the EVAW law or received pressure to release defendants due to familial loyalties, threat of harm, or bribes, or because some religious leaders declared the law un-Islamic. Female victims faced stringent societal reprisal, ranging from imprisonment to extrajudicial killing. In September police in Faryab Province arrested a woman who appeared in an online sex video with a self-proclaimed mullah on charges of zina. The mullah, who remains at large, was suspected of sexual exploitation and rape of several women who came to him for help. Interpretations of sharia also impeded successful prosecution of rape cases.

The new Penal Code criminalizes forced virginity testing under Article 640 except when conducted pursuant to a court order or with the consent of the individual. Awareness and enforcement of this change remained limited. In July the Ministry of Public Health issued a policy prohibiting health clinics and hospitals from performing virginity tests. There were reports police, prosecutors, and judges continued to order virginity tests in cases of “moral crimes” such as zina. Women who sought assistance in cases of rape were often subject to virginity tests.

The penal code criminalizes assault, and courts convicted domestic abusers under this provision, as well as under the “injury and disability” and beating provisions in the EVAW law. According to NGO reports, millions of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, armed individuals, parallel legal systems, and institutions of state, such as the police and justice systems.

Due to cultural normalization and a view of domestic violence as a family matter, domestic violence often remained unreported. The justice system’s response to domestic violence was insufficient, in part due to underreporting, preference toward mediation, sympathy toward perpetrators, corruption, and family or tribal pressure. There were EVAW prosecution units in all 34 provinces, and EVAW court divisions operated at the primary and appellate levels in at least 16 provinces. In August Taliban members shot and killed a woman in Jawzjan Province. According to the governor’s spokesman, the woman had fled some months earlier to a safe house in Sheberghan city due to domestic violence. She returned home after local mediation but was later shot by Taliban members.

Space at the 28 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country. Some women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or being sent back to their family or the perpetrator.

At times women in need of protection ended up in prison, either because their community lacked a protection center or because the local interpretation of “running away” as a moral crime. Adultery, fornication, and kidnapping are criminal offenses. Running away is not a crime under the law, and both the Supreme Court and the Attorney General’s Office have issued directives to this effect, but some local authorities continued to detain women and girls for running away from home or “attempted zina”. The Ministry of Women’s Affairs, as well as nongovernmental entities, sometimes arranged marriages for women who could not return to their families.

Other Harmful Traditional Practices: The law criminalizes forced, underage, and baad marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family) and interference with a woman’s right to choose her spouse. NGOs report instances of baad still practiced, often in more remote provinces. The practice of exchanging brides between families has not been criminalized and remained widespread. In July a man killed a nine-year-old who had been sold to him as a bride for 972,000 Afghanis ($13,500) by her family.

Honor killings continued throughout the year. In April a man stabbed his sister to death in an apparent honor killing in Andkhoy District, Faryab Province, after bringing a knife into a building where she was under protection. In a May report on Mediation of Criminal Offenses of Violence against Women, UNAMA reported documenting 280 instances of murder and honor killing between January 2016 and December 2017 with only 18 percent of these resulting in conviction and imprisonment. The report found that despite the EVAW law, government institutions often pressured victims to resolve their cases through mediation for serious offenses, which the EVAW law prohibits, resulting in impunity for perpetrators.

Sexual Harassment: The 2017 Antiharassment Law went into effect in January and criminalizes all forms of harassment of women and children, including physical, verbal, psychological, and sexual. Under this law all government ministries are required to establish a committee to review internal harassment complaints and support appropriate resolution of these claims. Implementation and enforcement of the law remained limited and ineffective. The AIHRC reported that more than 85 percent of women and children faced various forms of harassment. Women who walked outside alone or who worked outside the home often experienced harassment, including groping, catcalling, and being followed. Women with public roles occasionally received threats directed at them or their families.

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

Discrimination: Women who reported cases of abuse or who sought legal redress for other matters reported they experienced discrimination within the judicial system. Some observers, including female judges, asserted that discrimination was a result of faulty implementation of law. Limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected women’s access to and participation in the justice system.

Prosecutors and judges in some provinces continued to be reluctant to use the EVAW law, and judges would sometimes replace those charges with others based on the penal code.

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation. Overall, 22 percent of civil servants and 5 percent of security forces were women, including 3,000 female police and 1,400 female soldiers.

Children

Birth Registration: A citizen father transmits citizenship to his child. Birth in the country or to a citizen mother alone does not transfer citizenship. Adoption is not legally recognized.

Education: Education is mandatory up to the lower secondary level (six years for primary school and three years for lower secondary), and the law provides for free education up to and including the college level. UNICEF reported that 3.7 million children were not in school due to discrimination, poverty, lack of access, and continuing conflict, among other reasons. UNAMA also noted that armed groups tried to restrict girls’ access to education. In February threats forced the closure of girls’ schools in several villages in Farah Province, temporarily denying education to more than 3,500 girls. When the schools reopened 10 days later, the vast majority of the girls were initially afraid to return.

Key obstacles to girls’ education included poverty, early and forced marriage, insecurity, a lack of family support, lack of female teachers, and a lack of nearby schools. An October 2017 Human Rights Watch report observed that the government provided fewer schools for girls than boys and that the lack of basic provisions in many schools for security, privacy, and hygiene, including boundary walls, toilets, and water, also disproportionately affected girls.

Violent attacks on schoolchildren, particularly girls, also hindered access to education, particularly in areas controlled by the Taliban. The Taliban and other extremists threatened and attacked school officials, teachers, and students, particularly girls, and burned both boys’ and girls’ schools. There were press reports of sexual abuse perpetrated by teachers and school officials, particularly against boys. The government claimed families rarely pressed charges due to shame and doubt that the judicial system would respond. There were reports that both insurgent groups and government forces used school buildings for military purposes.

Child Abuse: The revised Penal Code criminalizes child abuse and neglect. The penalty for beating, or physically or mentally disciplining or mistreating a child, ranges from a cash fine of 10,000 Afghanis (approximately $130) to one-year in prison as long as the child does not sustain a serious injury or disability. Endangering the life of a child carries a penalty of one to two years in prison or a cash fine of 60,000 to 120,000 Afghanis (approximately $800 to $1,600).

Police reportedly beat and sexually abused children. Children who sought police assistance for abuse also reported being further harassed and abused by law enforcement officials, particularly in bacha bazi (sexual entertainment) cases, deterring victims from reporting their claims. NGOs reported a predominantly punitive and retributive approach to juvenile justice throughout the country. Although it is against the law, corporal punishment in schools, rehabilitation centers, and other public institutions remained common.

There were reports some members of the security forces and progovernment groups sexually abused and exploited young girls and boys. During the first six months of the year, UNAMA documented credible reports of five cases of sexual abuse involving six boys, attributed to the Afghan National Police, and Afghan Local Police. In June 2017 in Daikundi Province, an ANDSF commander sexually abused a teenager, who later committed suicide. There were multiple reports of bacha bazi, a practice in which men exploit boys for social and sexual entertainment. According to media and NGO reports, many of these cases went unreported or were referred to traditional mediation, which often allowed perpetrators to reoffend.

The government took steps to discourage the abuse of boys and to prosecute or punish those involved. The new Penal Code criminalizes bacha bazi as a separate crime, and builds on the 2017 Law to Combat Crimes of Trafficking in Persons and Smuggling in Migrants (TIP Law), which includes provisions criminalizing behaviors associated with the sexual exploitation of children. Despite the inclusion of bacha bazi in the Penal Code, as of August there were no convictions under the law.

Early and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 for girls (15 with the consent of a parent or guardian or the court) and 18 for boys, international and local observers continued to report widespread early and forced marriages throughout the country. Under the EVAW law, those who enter into or arrange forced or underage marriages are subject to imprisonment for not less than two years, but implementation of the law was limited. According to a July report, Child Marriage in Afghanistan, by UNICEF and the Ministry of Labor, Social Affairs, Martyrs and Disabled, 34 percent of women and 7 percent of men ages 20 to 24 had been married before the age of 18. In 2017 the government launched a five-year National Action Plan to Eliminate Early and Child Marriage.

By law a marriage contract requires verification that the bride is 16 years of age (or 15 with the permission of her parents or a court), but only a small fraction of the population had birth certificates.

There were reports from Badakhshan Province that Taliban militants bought young women to sell into forced marriage. The UN Development Program Legal Aid Grant Facility reported women increasingly petitioned for divorce.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. In addition to outlawing the practice of bacha bazi, the new Penal Code provides that, “[i]f an adult male has intercourse with a person under the legal age, his act shall be considered rape and the victim’s consent is invalid.” The Penal Code also treats nonstatutory rape of a child as an aggravated form of the offense, punishable by up to 20 years in prison. The EVAW Law prescribes a penalty of 10 to 15 years’ imprisonment for forcing an underage girl into prostitution. Taking possession of a child for sexual exploitation or production of pornographic films or images constitutes trafficking in persons under the 2017 TIP Law regardless of whether other elements of the crime are present.

Child Soldiers: In February 2016 the Law on Prohibition of Children’s Recruitment in the Military became effective. Under the revised Penal Code, recruitment of children in military units carries a penalty of six months to one year in prison. There were reports the ANDSF and progovernment militias recruited and used children in a limited number of cases, and the Taliban and other antigovernment elements recruited children for military purposes (see section 1.g.). Media reported that local progovernment commanders recruited children younger than age 16. The Taliban and other antigovernment groups regularly recruited and trained children to conduct attacks.

Displaced Children: During the year NGOs and government offices reported high numbers of returnee and drought-displaced families and their children in border areas, specifically Herat and Jalalabad. Although the government banned street begging in 2008, NGOs and government offices reported large numbers of children begging and living in the streets of major cities.

Institutionalized Children: Living conditions for children in orphanages were poor. NGOs reported up to 80 percent of children between ages four and 18 years in the orphanages were not orphans but came from families that could not provide food, shelter, or schooling. Children in orphanages reported mental, physical, and sexual abuse and occasionally were victims of trafficking. They did not have regular access to running water, heating in winter, indoor plumbing, health services, recreational facilities, or education. Security forces kept child detainees in juvenile detention centers run by the Ministry of Justice, except for a group of children arrested for national security violations who stayed at the detention facility in Parwan. NGOs reported these children were kept separate from the general population but still were at risk of radicalization.

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 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 constitution prohibits any kind of discrimination against citizens and requires the state to assist persons with disabilities and to protect their rights, including the rights to health care and financial protection. The constitution also requires the state to adopt measures to reintegrate and provide for the active participation in society of persons with disabilities. The Law on the Rights and Benefits of Disabled Persons provides for equal rights to, and the active participation of, such persons in society. Observers reported that both the constitution and disabilities rights law are mostly ignored and unenforced.

Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, lack of economic opportunities, and social exclusion due to stigma.

Lack of security remained a challenge for disability programs. Insecurity in remote areas, where a disproportionate number of persons with disabilities lived, precluded delivery of assistance in some cases. The majority of buildings remained inaccessible to persons with disabilities, prohibiting many from benefitting from education, health care, and other services.

In the Meshrano Jirga, authorities reserved two of the presidentially appointed seats for persons with disabilities. Per law, 3 percent of all government positions are reserved for persons with disabilities, but government officials admitted the law was not enforced.

Disability rights activists reported that corruption prevented some persons with disabilities from receiving benefits. There were reports that government officials redirected scholarship funds for persons with disabilities to friends or family through fraud and identity theft. NGOs and government officials also reported that associations of persons with disabilities attempted to intimidate ministry employees in an effort to secure benefits such as apartments.

National/Racial/Ethnic Minorities

Ethnic tensions between various groups continued to result in conflict and killings. Societal discrimination against Shia Hazaras continued along class, race, and religious lines in the form of extortion of money through illegal taxation, forced recruitment and forced labor, physical abuse, and detention. According to NGOs, the government frequently assigned Hazara ANP officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country. During the year ISIS-K continued escalating attacks against the Hazara community. Attacks against the Shia, predominantly Hazara, population, resulted in 705 civilian casualties, including 211 deaths between January 1 and September 30. On September 5, another ISIS-K bombing targeting a sports center killed 20. Both attacks took place in the Shia neighborhood of Dasht-e Barchi in Kabul.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs and harassment in school, as well as verbal and physical abuse in public places. On July 1, ISIS-K killed 19 people in a Jalalabad suicide bombing targeting the Sikh community. The attack killed the only Sikh candidate for the October parliamentary elections. Ultimately, the Sikh candidate’s son ran in his place. According to the Sikh and Hindu Council of Afghanistan, there were approximately 900 members of the Sikh and Hindu community in the country.

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

The law criminalizes consensual same-sex sexual conduct, and there were reports of harassment and violence by society and police. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. Homosexuality was widely seen as taboo and indecent. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community did not have access to certain health services and could be fired from their jobs because of their sexual orientation. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. Members of the LGBTI community reported they continued to face arrest by security forces and discrimination, assault, rape by society at large.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV/AIDS, but there was reportedly serious societal stigma against persons with AIDS.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to join and form independent unions and to conduct legal strikes and bargain collectively, and the government generally respected these rights, although it lacked enforcement tools. The law, however, provides no definition of a union or its relationship with employers and members, nor does it establish a legal method for union registration or penalties for violations. The law does not prohibit antiunion discrimination or provide for reinstatement of workers fired for union activity. Other than protecting the right to participate in a union, the law provides no other legal protection for union workers or workers seeking to unionize.

Although the law identifies the Ministry of Labor, Social Affairs, Martyrs, and Disabled’s Labor High Council as the highest decision-making body on labor-related issues, the lack of implementing regulations prevented the council from performing its function. There was an inspection office within the ministry, but inspectors could only advise and make suggestions. As a result, the application of labor law remained limited because of a lack of central enforcement authority, implementing regulations that describe procedures and penalties for violations, funding, personnel, and political will.

The government allowed several unions to operate, but it interfered with the National Union of Afghanistan Workers and Employees (NUAWE). The government issued a decree in 2016 mandating the nationalization of property belonging to several Afghan trade unions. After international organizations protested the government’s actions in April, police and military raided and sealed NUAWE offices in Kabul and 28 of their regional offices in apparent retaliation. Freedom of association and the right to bargain collectively were sometimes respected, but most workers were not aware of these rights. This was particularly true of workers in rural areas or the agricultural sector, who had not formed unions. In urban areas, the majority of workers participated in the informal sector as day laborers in construction, where there were neither unions nor collective bargaining.

b. Prohibition of Forced or Compulsory Labor

The law does not sufficiently criminalize forced labor and debt bondage. Men, women, and children are exploited in bonded labor, where an initial debt assumed by a worker as part of the terms of employment is exploited, ultimately entrapping other family members, sometimes for multiple generations. This type of debt bondage is common in the brick-making industry. Some families knowingly sell their children into sex trafficking, including for bacha bazi (see section 7.c.).

Government enforcement of the law was ineffective; resources, inspections, and remediation were inadequate; and the government made minimal efforts to prevent and eliminate forced labor. Penalties were insufficient to deter violations.

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 labor law sets the minimum age for employment at 15 but permits 14-year-olds to work as apprentices, allows children who are age 15 and older to do light nonhazardous work, and permits children 15 through 17 to work up to 35 hours per week. The law prohibits children younger than age 14 from working under any circumstances. The law also bans the employment of children in hazardous work that is likely to threaten their health or cause disability, including mining and garbage collection; work in blast furnaces, waste-processing plants, and large slaughterhouses; work with hospital waste; drug-related work; security guard services; and work related to war.

Poor institutional capacity was a serious impediment to effective enforcement of the labor law. Deficiencies included the lack of penalty assessment authorization for labor inspectors, inadequate resources, inspections, remediation, and penalties for violations.

Child labor remained a pervasive problem. In May the AIHRC surveyed conditions for children in the workplace and found that 90 percent of employed minor respondents worked more than 35 hours every week and that more than 15 percent reported suffering sexual abuse in the workplace. Child laborers worked as domestic servants, street vendors, peddlers, and shopkeepers. There was child labor in the carpet industry, brick kilns, coalmines, and poppy fields. Children were also heavily engaged in the worst forms of child labor in mining, including mining salt, commercial sexual exploitation (see section 6, Children), transnational drug smuggling, and organized begging rings. Some forms of child labor exposed children to land mines. Children faced numerous health and safety risks at work. There were reports of recruitment of children by the ANDSF during the year. Taliban forces pressed children to take part in hostile acts (see section 6, Children).

Also, see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination and notes that citizens, both “man and woman”, have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, religion, national origin, color, sex, ethnicity, disability, or age. The penal code prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism.

Women continued to face discrimination and hardship in the workplace. Women made up only 7 percent of the workforce. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day-care facilities. Salary discrimination existed in the private sector. Female journalists, social workers, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.

Ethnic Hazaras, Sikhs, and Hindus faced discrimination in hiring and work assignments, in addition to broader social discrimination (see section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The minimum wage for permanent government workers was 6,500 Afghanis ($90) per month. There was no minimum wage for permanent workers in the private sector, but the minimum wage for workers in the nonpermanent private sector was 5,500 Afghanis ($76) per month. According to the Ministry of Economy, 52 percent of the population earned wages below the poverty line of 2,064 Afghanis ($30) per month.

The law defines the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The labor law makes no mention of day workers in the informal sector, leaving them completely unprotected. There are no occupational health and safety regulations or officially adopted standards. The law, however, provides for reduced standard workweeks for children ages 15 to 17, pregnant women, nursing mothers, and miners and workers in other occupations that present health risks. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work without establishing penalties and stipulates that overtime work be subject to the agreement of the employee. The law also requires employers to provide day care and nurseries for children.

The government did not effectively enforce these laws. Inspectors had no legal authority to enter premises or impose penalties for violations. Resources, inspections, remediation, and penalties for violations were inadequate and insufficient to deter violations.

Employers often chose not to comply with the law or preferred to hire workers informally. Most employees worked longer than 40 hours per week, were frequently underpaid, and worked in poor conditions, particularly in the informal sector. Workers were generally unaware of the full extent of their labor rights under the law. Although comprehensive data on workplace accidents were unavailable, there were several reports of poor and dangerous working conditions. Some industries, such as brick kiln facilities, continued to use debt bondage, making it difficult for workers to remove themselves from situations of forced labor that endangered their health or safety.

Angola

Executive Summary

Angola is a constitutional republic. In August 2017 the ruling Popular Movement for the Liberation of Angola (MPLA) party won presidential and legislative elections with 61 percent of the vote. MPLA presidential candidate Joao Lourenco took the oath of office for a five-year term in September 2017, and the MPLA retained a supermajority in the National Assembly. Domestic and international observers reported polling throughout the country was peaceful and generally credible, although the ruling party enjoyed advantages due to state control of major media and other resources. The Constitutional Court rejected opposition parties’ legal petitions alleging irregularities during the provincial-level vote count and a lack of transparent decision-making by the National Electoral Commission.

Civilian authorities generally maintained effective control over the security forces.

Human rights issues included reports of unlawful or arbitrary killings by government security forces; arbitrary detention by security forces; harsh and life-threatening prison and detention conditions; restrictions on free expression and the press, including criminal libel and slander; refoulement of refugees to a country where they had a well-founded fear of persecution; corruption, although the government took significant steps to end impunity for senior officials; trafficking in persons; and crimes involving societal violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

The government took some steps to prosecute or punish officials who committed abuses; however, accountability was limited due to a lack of checks and balances, lack of institutional capacity, a culture of impunity, and widespread government corruption.

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 reports the government or its agents committed arbitrary or unlawful killings. For example, on June 1, an officer with the Criminal Investigation Services (SIC) shot and killed a robbery suspect in broad daylight while the suspect lay injured on the ground surrounded by SIC officers. A bystander filmed the killing, and the video footage circulated widely on social media. On June 10, the Ministry of Interior, which oversees SIC, ordered an investigation and placed the SIC officer who killed the suspect in preventive detention. Authorities charged him as well as six other officers present at the scene with qualified homicide. The trial of the seven officers continued at year’s end.

In a 2017 report, The Field of Death, journalist and human rights activist Rafael Marques stated a SIC campaign of extrajudicial killings of young men in Luanda. According to Marques, many SIC victims were accused of petty criminality or otherwise labeled as “undesirable” by residents of their respective communities. The report stated the national police at times coordinated with SIC officers in the killings. In December 2017 the public prosecutor announced the creation of a commission of inquiry to investigate the allegations, and the investigation continued at year’s end.

On August 14, the Luanda Provincial Tribunal convicted First Sergeant Jose Tadi and sentenced him to 18 years in prison and a fine of one million kwanzas ($3,450) for the 2016 killing of 14-year-old Rufino Antonio during an Angolan Armed Forces (FAA) demolition operation of allegedly unauthorized housing. The court convicted three other FAA soldiers for their involvement in the case and sentenced each of them to one year in prison. In September the family of Rufino Antonio filed a lawsuit against the government for failing to try or hold accountable the FAA commanding officers who oversaw the demolition operation.

At year’s end the Supreme Court had not rendered a decision on the appeal of the 28-year sentence imposed in 2016 on Jose Kalupeteka, leader of the Light of the World religious sect, convicted in connection with the 2015 clashes between members of his group and police that left 13 civilians and nine police officers dead, according to official figures.

b. Disappearance

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

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

The constitution and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions. Periodic reports continued of beatings and other abuses of persons on the way to and in police stations during interrogations. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender (Ombudsman).

On April 14, police detained Antonio Castro Cassongo and five other members of the Lunda Tchokwe Protectorate Movement (LTPM) during a training workshop led by Cassongo. For several days police failed to acknowledge the whereabouts of the six individuals. After family members and the LTPM reported the disappearances to the press, a municipal police commander in Cafunfo acknowledged authorities had detained the six individuals in Cafunfo prison. They later released all six detainees; however, Cassongo stated that police brutally beat them while in custody.

During the year there were fewer instances in which security forces reacted violently to public demonstrations against the government. The visible presence of security forces was enough to deter significantly what the government deemed unlawful demonstrations. Authorities claimed known agitators, who sought only to create social instability, organized many of the public demonstrations.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to overcrowding, a lack of medical care, corruption, and violence.

Physical Conditions: On March 19, Meneses Cassoma, the spokesperson and chief prison inspector for the penitentiary services, acknowledged to the press that overcrowding in prisons was a serious problem.

Authorities frequently held pretrial detainees with sentenced inmates, and short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons. Inmates who were unable to pay court-ordered fines remained in prison after completing their sentence.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and had better rehabilitation, training, and reintegration services. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local nongovernmental organizations (NGOs) stated prison services were insufficient.

There was no additional information on the killing of prisoner Bruno Marques in March 2017. In 2016 newspaper Novo Jornal published photos taken by Marques that allegedly depicted Viana jail’s deplorable conditions and sick and malnourished prisoners.

On March 18, SIC officers detained Mario Francisco, the director of penitentiary services for Cunene Province, and five other individuals on suspicion of diverting food from Peu Peu prison. In July 2017 the NGO Ame Naame Omunu denounced conditions in Peu Peu prison and filed a complaint with the provincial-level representative of the Ministry of Interior after uncovering the deaths of nine Peu Peu prisoners from unidentified causes. Prison records later identified cases of malnutrition resulting in inmate deaths. Francisco awaited trial and remained released on bail at year’s end.

Administration: The government investigated and monitored prison and detention center conditions.

Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom, but it was unclear how prevalent this practice was.

Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons.

Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. A local NGO that provides pro bono legal services to inmates stated prison officials were trying to improve conditions but that overcrowding limited results. According to the Ministry of Justice and Human Rights, ministry representatives made monthly visits to detention centers with representatives of the Office of the Public Defender, the Attorney General’s Office (PGR), and members of the National Assembly to assess prisoners’ living conditions.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions. The constitution provides the right of habeas corpus to citizens to challenge their detention before a court.

According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, although the constitution protects the right to protest. While they often released detainees after a few hours, police at times charged them with crimes.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The SIC, also under the Ministry of Interior, are responsible for preventing and investigating domestic crimes. The Expatriate and Migration Services and the Border Guard Police, in the Ministry of Interior, are responsible for migration law enforcement. The state intelligence and security service reports to the presidency and investigates sensitive state security matters. The FAA are responsible for external security but also have domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against Front for the Liberation of the Enclave of Cabinda separatists in Cabinda.

Civilian authorities maintained effective control over the FAA and the national police, and the government has mechanisms to investigate and punish abuse and corruption. The security forces generally were effective, although sometimes brutal, at maintaining stability. There were allegations during the year that the SIC committed extrajudicial killings, at times in coordination with the national police, to combat crime (see section 1.a.). The national police and FAA have internal mechanisms to investigate security force abuses, and the government provided some training to reform the security forces. Impunity for security force abuses remained a problem, however.

Local populations generally welcomed police presence in neighborhoods and on streets as enhancing general safety and security. Nevertheless, police routinely were believed to extort civilians to supplement their income. Corruption and impunity remained serious problems. The national police handled most complaints internally through opaque disciplinary procedures, which sometimes led to formal punishment, including dismissal. They participated in a television series designed to show a gamut of interactions between police and civilians. The goal of the show was to encourage the population to collaborate with police while discouraging security force members’ procurement of bribes or their payment. The national police also utilized social media to communicate with civilians. The PGR has an anticorruption unit, charged with oversight of police wrongdoing. The government disclosed publicly the results of some investigations that led to disciplinary action.

Police participated in professional training provided by national and international organizations that focused on human rights and combatting trafficking in persons.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.

By law the public prosecutor must inform the detainee of the legal basis for his or her detention within 48 hours. NGO sources reported authorities often did not respect the law. If the public prosecutor is unable to determine whether there is a legal basis for the detention within 48 hours, the prosecutor has the authority to release the person or, depending on the seriousness of the case, require the person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.

If the public prosecutor determines a legal basis exists for the detention, a person may be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the case. Cases of special complexity regarding crimes for which conviction is punishable by eight or more years allow for pretrial detention without charge for up to six months, and up to 14 months before a judge is required to rule on the case. By law the period of pretrial detention counts as time served in fulfillment of a sentence of imprisonment.

The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro bono basis. The lack of lawyers in certain provinces at times impeded the right to a lawyer. There was an insufficient number to handle the volume of criminal cases, and the geographical distribution of lawyers was a problem, since most lawyers were concentrated in Luanda. Lawyers and NGOs noted that even in Luanda most poor defendants did not have access to lawyers during their first appearance before a judicial authority or during their trial. When a lawyer is unavailable, a judge may appoint a clerk of the court to represent the defendant, but clerks of the court often lacked the necessary training to provide an adequate defense.

The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law requires detainees be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.

A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.

Arbitrary Arrest: Unlawful arrest and detention remained serious problems. The PGR attributed allegations of government wrongdoing on arrest practices made by local and international NGOs to a lack of understanding of national laws. For example, on August 12, authorities detained Joaquim costa Zangui “Lutambi,” a member of the political party Democratic Bloc, in the Viana suburb of Luanda by seizing him as he walked on the street. The Monitoring Group on Human Rights, an NGO, issued an alert several days after his disappearance, and police subsequently acknowledged they took Zangui to Ndalatando prison on suspicion of criminal activity. On September 6, authorities released Zangui.

Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases authorities held inmates in prison for up to two years in pretrial detention. On March 18, the Ministry of Interior reported that approximately 45 percent of the total inmate population were pretrial detainees. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime.

e. Denial of Fair Public Trial

The constitution and law provide for an independent and impartial judiciary. Institutional weaknesses in the judicial system, however, such as political influence in the decision-making process, were problems. The Ministry of Justice and Human Rights and the PGR worked to improve the independence of prosecutors and judges. The National Institute for Judicial Studies conducted capacity-building programs on the importance of an independent judicial system.

There were long trial delays at the Supreme Court. Criminal courts also had a large backlog of cases, which resulted in major delays in hearings.

Informal courts remained the principal institutions through which citizens resolved civil conflicts in rural areas, such as disputes over a bartering deal. Each community in which informal courts were located established local rules, creating disparities in how similar cases were resolved from one community to the next. Traditional leaders (known as “sobas”) also heard and decided local civil cases. Sobas do not have the authority to resolve criminal cases, which only courts may hear.

Both the national police and the FAA have internal court systems that generally remained closed to outside scrutiny. Although members of these organizations may be tried under their internal regulations, cases that include violations of criminal or civil laws may also fall under the jurisdiction of provincial courts. Both the PGR and the Ministry of Justice and Human Rights have civilian oversight responsibilities over military courts.

TRIAL PROCEDURES

Although the law provides all citizens the right to a fair trial, authorities did not always respect this right. Defendants enjoy the right to a presumption of innocence until proven guilty. Authorities must inform defendants of the charges levied against them in detail within 48 hours of their detention. Defendants have the right to free language interpretation during all legal proceedings from the moment charged through all appeals. By law trials are usually public, although each court has the right to close proceedings. Defendants have the right to be present and consult with an attorney, either chosen by them or appointed by the state, in a timely manner. According to the Ministry of Justice and Human Rights, all public defenders are licensed lawyers. Defendants do not have the right to confront their accusers. They may question witnesses against them and present witnesses and evidence on their own behalf. Defendants have the right to sufficient time and facilities to prepare a defense. The law protects defendants from providing self-incriminating testimony. Individuals have the right to appeal their convictions. Authorities did not always respect these trial procedure rights.

A separate juvenile court is designated for children’s affairs. A juvenile court hears cases of minors between the ages of 12 and 16 accused of committing a criminal offense. Minors older than age 16 accused of committing a criminal offense are tried in regular courts. In many rural municipalities, there is no provision for juvenile courts, so offenders as young as 12 may be tried as adults. In many cases traditional leaders have state authority to resolve disputes and determine punishments for civil offenses, including offenses committed by juveniles. The constitution defines traditional authorities as ad hoc units of the state.

The president appoints Supreme Court justices for life terms without confirmation by the National Assembly. The Supreme Court generally hears cases concerning alleged political and security crimes.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Damages for human rights violations may be sought in municipal or provincial courts and appealed to the Supreme Court.

PROPERTY RESTITUTION

The constitution recognizes the right to housing and quality of life, and the law states that persons relocated should receive fair compensation. The constitution provides that all untitled land belongs to the state. In 2016 security forces demolished hundreds of allegedly illegal, privately built homes in Zango, a suburban Luanda zone that falls within the restrictive perimeter of the Luanda-Bengo Special Economic Zone. The demolitions displaced thousands of persons and resulted in several deaths. Some persons forced to move did not receive fair compensation, at times due to lack of clear title or permits for the destroyed property. Relocated persons who received housing units often complained their units were located far from their jobs or places of business, or were of substandard quality.

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

The constitution and law prohibit such actions, but the government did not always respect these prohibitions. Civil organizations and politically active individuals, including government critics, members of opposition parties, and journalists, complained the government maintained surveillance of their activities and membership. These groups also frequently complained of threats and harassment based on their affiliations with groups that were purportedly or explicitly antigovernment.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but while the government loosened restrictions on these rights during the year, state media continued to be the country’s primary source for news and reflected a progovernment view.

Freedom of Expression: Individuals reported practicing self-censorship but generally were able to criticize government policies without fear of direct reprisal. Social media was widely used in the larger cities and provided an open forum for discussion.

Press and Media Freedom: Private radio and print media criticized the government openly and harshly, but access to private media sources was limited outside of the capital. Journalists routinely complained of lack of transparency and communication from government press offices and other government officials.

The president appoints the leadership of all major state-owned media outlets and state control of these outlets often led to one-sided reporting. State news outlets, including Angolan Public Television (TPA), Radio Nacional, and the Jornal de Angola newspaper, favored the ruling party but increased their coverage of opposition political parties’ perspectives and social problems reflecting poor governance during the year. On January 18, the TPA inaugurated live broadcasts of plenary sessions of the National Assembly. Also in January, the TPA began permitting opposition politicians to comment live on stories featured on the nightly news. Opposition parties, however, received far less overall coverage on state media than did the ruling party.

Violence and Harassment: Journalists reported fewer incidents of violence or harassment during the year. On October 19, the board of directors of TV Zimbo dismissed journalist Jorge Eurico allegedly for reporting on an attempted bribery scandal involving senior government officials. Media outlets Club-K and a foreign news organization reported that General Leopoldino Fragoso de Nascimento “Dino,” a major shareholder in TV Zimbo, ordered Eurico’s dismissal. On October 24, Eurico published an opinion editorial denouncing his dismissal from TV Zimbo.

Censorship or Content Restrictions: In January 2017 the National Assembly passed a package of five regulatory media laws, one of which established the Regulatory Entity for Social Communication (ERCA), a body mandated to license and delicense journalists and determine what constitutes appropriate media content. At year’s end ERCA remained largely inactive.

Journalists reported practicing self-censorship.

The minister of social communication, the spokesperson of the presidency, and the national director of information maintained significant decision-making authority over media. It was commonly understood these individuals actively vetted news stories in the state-controlled print, television, and radio media and exercised considerable authority over some privately owned outlets. State-controlled media rarely published or broadcast stories critical of the ruling party, government officials, or government policies. Coverage critical of the previous government of Jose Eduardo dos Santos and of senior-level officials who had been dismissed on allegations of corruption increased significantly during the year.

On September 3, the minister of social communication announced that cable provider DStv would start broadcasting two Portuguese-owned television channels, SIC Noticias and SIC Internacional, which Angolan telecommunications operator ZAP, owned by Isabel dos Santos, the daughter of former president Jose Eduardo do Santos, stopped broadcasting in March 2017. Expresso newspaper correspondent in Luanda Gustavo Costa and the president of the Media Institute for Southern Africa-Angola, Alexandre Solombe, stated that ZAP’s decision to cease broadcasting the two channels was in response to their critical reporting on corruption and poverty in the country.

Libel/Slander Laws: Defamation is a crime for which conviction is punishable by imprisonment or a fine, and unlike in most cases in which defendants are presumed innocent until proven guilty, defendants in defamation cases have the burden of proving their innocence by providing evidence of the validity of the allegedly damaging material.

Several journalists in print media, radio, and political blogs faced libel and defamation lawsuits. Journalists complained the government used libel laws to limit their ability to report on corruption and nepotistic practices, while the government assessed that some journalists abused their positions and published inaccurate stories regarding government officials without verifying the facts or providing the accused the right of reply. On July 6, the Provincial Tribunal of Luanda acquitted journalists Rafael Marques and Mariano Bras on charges of defamation and slander for alleging corrupt practices by former attorney general Joao Maria de Sousa. Judge Josina Ferreira Falcao ruled that Marques’ reporting, which Bras had republished, fulfilled the duty of journalism to inform the public and expose suspected wrongdoings.

INTERNET FREEDOM

The law mandates ERCA to determine what constitutes appropriate media content, including online content. The government did not, however, restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal oversight. According to the International Telecommunication Union, in 2017 approximately 14 percent of residents had access to the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the right of peaceful assembly, and the government increasingly respected this right.

The law requires written notification to the local administrator and police three days before public assemblies are to be held. The law does not require government permission to hold public assemblies, but permits authorities to restrict or stop assemblies in public spaces within 109 yards of public, military, detention, diplomatic or consular buildings for security reasons. The law also requires public assemblies to start after 7 p.m. on weekdays and 1 p.m. on Saturdays. The government at times prohibited events based on perceived or claimed security considerations. Police and administrators did not interfere with progovernment gatherings. Nonpartisan groups intending to criticize the government or government leaders, however, often encountered the presence of police who prevented them from holding the event. Usually authorities claimed the timing or venue requested was problematic or that the proper authorities had not received notification.

On May 26, in Luanda, police intervened to prevent a group of 20 activists from commemorating the 41st anniversary of a 1977 protest against the MPLA that resulted in the arrest and killings of thousands of individuals. Protesters stated police prevented their access to the protest site and attacked them with dogs and sticks. One protester was badly injured. Opposition parties, UNITA and the Broad Convergence for the Salvation of Angola-Electoral Coalition (CASA-CE), as well as Amnesty International, criticized the police intervention.

Members of LTPM held several protests during the year. On November 17, security forces allegedly fired shots in the direction of LTPM protesters in Cafunfo, Lund Norte province, to disperse them. LTPM and several media sources reported that security forces shot one protester in the leg and detained dozens.

The government at times arbitrarily restricted the activities of associations it considered subversive by refusing to grant permits for organized activities. Authorities generally permitted opposition parties to organize and hold meetings.

FREEDOM OF ASSOCIATION

The constitution and law provide for the right of association, but the government did not always respect this right (see also section 7.a.). Extensive delays in the NGO registration process continued to be a problem; however, NGOs that had not yet received registration were allowed to operate.

In July 2017 the Constitutional Court declared unconstitutional a 2015 presidential decree regulating the operation of NGOs. Civil society had criticized the decree as potentially restrictive and intrusive for including requirements that NGOs obtain approval from the government before the implementation of any project, provide frequent financial reports to the government on NGO activities, and allow local authorities to supervise NGO projects within their municipalities. The government stated this regulation was part of its strategy to combat money laundering and terrorist financing. The court ruled that only the National Assembly had jurisdiction to legislate such requirements according to the clearly defined separation of powers in the constitution.

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 constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. The government at times restricted these rights.

The government sometimes cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. As of November 16, UNHCR reported that security forces expelled or voluntarily repatriated an estimated 450,000 irregular migrants. The overwhelming majority of these individuals were Congolese whom authorities expelled or voluntarily repatriated to the Kasai region of the Democratic Republic of Congo (DRC). On October 25, the UN High Commissioner for Human Rights criticized the government for creating a humanitarian crisis due to the massive influx of people crossing into the unstable Kasai region of the DRC. UNHCR reported that security forces refouled 2,200 registered Congolese refugees as part of the expulsions or voluntarily repatriations. There were other reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants and refugees to return to the DRC. The government failed to provide adequate protection for asylum seekers and urban refugees.

Abuse of Migrants, Refugees, and Stateless Persons: On September 25, security forces began Operation Transparency, a security campaign directed at irregular migrants working in the diamond-mining region in the northern part of the country. The operation resulted in the expulsion or voluntary repatriation of an estimated 450,000 Congolese irregular migrants and smaller numbers of primarily West African migrants from the country. Multiple sources report security forces committed abuses against these migrants during the campaign.

On November 6, security forces began the nationwide campaign Operation Rescue, a nationwide law enforcement campaign focused on addressing criminality and unlicensed commercial activity. Following a 2016 visit, the UN special rapporteur on the human rights of migrants, Francois Crepeau, issued a report criticizing the government for its lack of adequate protections for refugees, asylum seekers, and migrants. Crepeau cited government failure to implement key elements of the 2015 asylum law, which had the effect of impeding refugee and asylum seekers’ access to basic services and documents, such as birth certificates for children of foreign-born parents. NGOs working with refugee and asylum-seeker populations continued to cite security force harassment of and state discrimination against those communities. At year’s end the asylum law remained unimplemented.

In-country Movement: Police maintained roadside checkpoints throughout the country. Reports by local NGOs suggested some police officers extorted money from civilians at checkpoints and during regular traffic stops. Reports from the diamond mining provinces of Lunda Norte and Lunda Sul indicated some government agents restricted the movements of local communities.

PROTECTION OF REFUGEES

In 2017 more than 32,000 Congolese, primarily women and children, fled the Kasai region of the DRC and sought refuge in Lunda Norte Province. During the early days of the refugee influx, the government was the sole provider of life-saving assistance, including food and medical care. The government generally cooperated with UNHCR, the World Food Program, and NGOs to protect and assist the community. At year’s end, however, the government had not formally granted the Kasai refugees prima facie status, despite repeated requests from UNHCR.

Refoulement: On November 16, UNHCR reported the government had forcibly returned 2,200 registered Congolese refugees since the beginning of Operation Transparency on September 25. On February 25-27, the government forcibly returned 52 registered and 480 unregistered Congolese refugees, including 217 children, to the Kasai region of the DRC despite continued reports of violence and inadequate humanitarian conditions in that region. Congolese provincial government leaders made several visits to Lunda Norte during the year and reportedly pressured refugees to return to the DRC.

Access to Asylum: The law provides for the granting of asylum or refugee status, but the law did not function during the year. The 2015 asylum law provides specific procedures for the submission of an asylum application and guidance on the determination of asylum and refugee cases. UNHCR and several NGOs reported that asylum seekers and urban refugees did not have a mechanism to apply for or resolve their status. The 2015 law changed the role of the Committee for the Recognition of the Right to Asylum, the prior implementing mechanism to identify, verify, and legalize asylum seekers, to that of an advisory board; however, at year’s end the government had not put into practice an alternative mechanism to adjudicate asylum and refugee cases in the committee’s place. The law also established the creation of reception centers for refugees and asylum seekers where they are to receive assistance until the government makes a decision on their cases.

Freedom of Movement: UNHCR, NGOs, and refugees themselves reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated their registration documents during periodic round ups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte Province.

Employment: Formal restrictions on a refugee’s ability to seek employment existed. Regulation 273/13 restricted refugees from obtaining the mandatory business license required to own and operate a business. Refugees often faced difficulty obtaining employment due inability to obtain legal documents required to work in the formal sector. A general lack of acceptance of the refugee card and lack of knowledge concerning the rights it was intended to safeguard compounded the difficulties.

Access to Basic Services: Persons with recognized refugee status could at times obtain public services. UNHCR, NGOs, and refugees, however, reported that urban refugees in particular were unable to obtain legal documents following passage of the asylum law and at times faced difficulty accessing public services such as health care and education. Corruption by officials compounded these difficulties.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In August 2017 the government held presidential and legislative elections, which the ruling MPLA won with 61 percent of the vote. In September 2017 the country inaugurated MPLA party candidate Joao Lourenco as its third president since independence.

Domestic and international observers reported polling throughout the country was peaceful and generally credible, although the ruling party enjoyed advantages due to state control of major media and other resources. Opposition parties complained to the Constitutional Court aspects of the electoral process, including the National Electoral Commission’s lack of transparent decision making on key election procedures and perceived irregularities during the provincial-level vote count. The court rejected opposition appeals, citing a lack of evidence. The court concluded that members of the two opposition parties, UNITA and the Social Renewal Party, forged election documents submitted in support of their appeals, a crime for which conviction carries a penalty of two to eight years’ imprisonment and a monetary fine. The court referred the matter to the public prosecutor, but at year’s end there were no additional details on the investigation.

The central government appoints the provincial governors, and the constitution does not specify a timeline for implementing municipal-level elections. On March 22, President Lourenco announced that municipal elections in select municipalities would occur in 2020.

Political Parties and Political Participation: The ruling MPLA party dominated all political institutions. Political power was concentrated in the presidency and the Council of Ministers, through which the president exercised executive power. The council may enact laws, decrees, and resolutions, assuming most functions normally associated with the legislative branch. The National Assembly consists of 220 deputies elected under a party list proportional representation system. The National Assembly has the authority to draft, debate, and pass legislation, but the executive branch often proposed and drafted legislation for the assembly’s approval. The MPLA retained its supermajority in the National Assembly in the August 2017 elections; however, opposition parties increased their representation by winning 32 percent of parliamentary seats, up from 20 percent in the 2012 elections.

Political parties must be represented in all 18 provinces, but only the MPLA, UNITA, and CASA-CE, to a lesser extent, had truly national constituencies. By law no political party may limit party membership based on ethnicity, race, or gender.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and they did participate. Of the 220 deputies in the national assembly, 60 were women. There were two female provincial governors, and 12 of 32 cabinet ministers were women. Some observers believed traditional and cultural factors prevented women from participating in political life to the same extent as men. The country has multiple linguistic groups, many of which were represented in government.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took concrete steps during the year to remove from office, investigate, and prosecute government officials for alleged corrupt practices. During the year President Lourenco dismissed cabinet ministers, provincial governors, senior military officers, and other high-level government officials due to alleged corrupt practices. The PGR launched investigations and brought criminal charges against several of these officials. Official impunity, however, remained a serious problem, and President Lourenco repeatedly stressed that ending impunity for corruption was among his administration’s top priorities.

Corruption: Government corruption at all levels was widespread, and accountability was limited due to inadequate checks and balances, a lack of institutional capacity, and an entrenched culture of impunity. On June 26, the Law on the Repatriation of Capital Assets Domiciled Abroad entered into force, mandating that every Angolan who had in excess of $100,000 undeclared abroad must return and invest the money in the country by year’s end or face criminal penalties. On May 17, the National Assembly passed the law with the votes of 133 MPLA parliamentarians. Opposition parties voted as a block against the bill and, along with civil society, harshly criticized the law as sanctioning impunity by allowing individuals who stole state funds to keep their ill-gotten gains without facing an investigation or criminal penalties if they returned and invested the funds in the country by year’s end.

Several investigations or prosecutions of government officials allegedly involved in corruption were in process at year’s end. For example, on September 22, authorities charged Valter Filipe, the former governor of the National Bank of Angola (BNA), and Jose Filomeno dos Santos, the son of former president dos Santos, with criminal association, money laundering, and influence peddling for the alleged illicit transfer of $500 million from the BNA to a bank in the United Kingdom. On September 21, authorities announced the pretrial detention of former minister of transportation, Augusto Tomas, whom the president fired on June 20, on charges of corruption and money laundering. Tomas remained in pretrial detention at year’s end. On August 13, the Provincial Tribunal of Luanda convicted Angolan General Tax Administration (AGT) administrator, Nicholas da Silva, and four AGT associates on charges of money laundering, tax fraud, and corruption for embezzling collected tax revenue designated for the national treasury. The former AGT officials, first detained in October 2017, received sentences ranging from 3.5 to five years’ imprisonment and a monetary fine.

On July 13, the PGR acknowledged receiving from Portuguese authorities the case file of former Angolan vice president, Manuel Vicente. In January 2017 Portuguese authorities charged Vicente with corruption, money laundering, breach of judicial secrecy, and document forgery but on May 10 announced the transfer of the case to Angolan jurisdiction. The case extended back to 2012, when Vicente was under investigation in Portugal for alleged money laundering and corruption related to both the purchase of a luxury Lisbon apartment for 3.8 million euros ($4.37 million) and the purchase of shares in the Angolan telecommunications company Movicel and bank BES Angola. Portuguese authorities stated Vicente bribed then Portuguese public prosecutor Orlando Figueira to close both investigations with payments amounting to 763,000 euros ($877,000). Angolan authorities continued to review the case file at year’s end.

Government ministers and other high-level officials commonly and openly owned interests in public and private companies regulated by, or doing business with, their respective ministries. Laws and regulations regarding conflict of interest exist, but they were not enforced. Petty corruption among police, teachers, and other government employees was widespread. Police extorted money from citizens and refugees, and prison officials extorted money from family members of inmates.

Financial Disclosure: The law on public probity requires senior government officials to declare their assets to the attorney general. Following his election in August 2017, President Lourenco ordered all presidential appointees to comply with the law, which the previous dos Santos government did not enforce.

According to the Ministry of Justice and Human Rights, the financial information of government officials was provided to the appropriate government office. The law treats these reports as confidential. The president, vice president, and president of the National Assembly are exempt from these public probity requirements. Nonexempt government officials are to make a declaration within 30 days of assuming a post and every two years thereafter. The law does not stipulate a declaration be made upon leaving office but states that officials must return all government property within 60 days.

Penalties for noncompliance with the law on public probity vary depending on which section of the law was violated, but they include removal from office, a bar from government employment for three to five years, a ban on contracting with the government for three years, repayment of the illicitly gained assets, and a fine of up to 100 times the value of the accepted bribe. The National Office of Economic Police is responsible for investigating violations of this law, as well as other financial and economic crimes, and then referring them to the Financial Court for prosecution. There were no known cases related to this law during the year.

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

A variety of domestic and international human rights groups operated throughout the country. Some of those investigating government corruption and human rights abuses alleged government interference in their activities. Civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons.

The Law of Associations requires NGOs to specify their mandate and areas of activity. The government used this provision to prevent or discourage established NGOs from engaging in certain activities, especially those that the government deemed politically sensitive. In July 2017 the Constitutional Court ruled that a 2015 presidential decree to regulate NGO operations was unconstitutional (see section 2.b.).

The government allowed local NGOs to carry out human rights-related work, but many NGOs reported they were forced to limit the scope of their work because they faced problems registering, were subject to subtle forms of intimidation, and risked more serious forms of harassment and closure.

Government Human Rights Bodies: The state-funded Interministerial Commission for the Writing of Human Rights Reports includes only representatives from various government ministries. Leading civil society members decided not to participate on the commission because they did not believe it was independent or effective.

The 10th Commission on Human Rights of the National Assembly is charged with investigating citizen complaints of alleged human rights violations and makes recommendations to the National Assembly.

An Office of the Ombudsman existed to mediate between an aggrieved public, including prisoners, and an offending public office or institution. The office did not cover the entire country and had neither decision-making nor adjudicative powers, but it helped citizens obtain access to justice, advised government entities on citizen rights, and published reports. In December 2017 the National Assembly elected Carlos Alberto Ferreira Pinto as ombudsman. Opposition parliamentarians either abstained or voted against Pinto due to his position as an elected member of the National Assembly representing the ruling MPLA party and his membership in the MPLA Central Committee.

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to eight years’ imprisonment if convicted. Limited investigative resources, poor forensic capabilities, and an ineffective judicial system prevented prosecution of most cases. The Ministry of Justice and Human Rights worked with the Ministry of Interior to increase the number of female police officers and to improve police response to rape allegations.

The law criminalizes domestic violence and penalizes offenders with prison sentences of up to eight years and monetary fines, depending on the severity of their crime. The Ministry of Justice and Human Rights maintained a program with the Angolan Bar Association to give free legal assistance to abused women and established counseling centers to help families cope with domestic abuse. According to a survey conducted by the country’s National Statistics Institute, one in every five women suffered domestic physical violence “frequently or from time to time” during the year and 31 percent of women ages 15-49 reported experiencing domestic violence at some point in their lives.

Other Harmful Traditional Practices: There were anecdotal reports that some communities abused women and children due to accusations they practiced witchcraft. The Ministry of Culture and the National Institute for Children (INAC) had educational initiatives and emergency programs to assist children accused of witchcraft.

Sexual Harassment: Sexual harassment was common and not illegal. It may be prosecuted, however, under assault and battery and defamation statutes.

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

Discrimination: Under the constitution and law, women enjoy the same rights and legal status as men. The government, however, did not enforce the law effectively as societal discrimination against women remained a problem, particularly in rural areas. Customary law prevailed over civil law, particularly in rural areas, and at times had a negative impact on a woman’s legal right to inherit property.

The law provides for equal pay for equal work, although women generally held low-level positions.

The Ministry of Social Assistance, Family, and Promotion of Women led an interministerial government information campaign on women’s rights and domestic abuse, and hosted national, provincial, and municipal workshops and training sessions.

Children

Birth Registration: Citizenship is derived by birth within the country or from one’s parents. The government does not register all births immediately, and activists reported many urban and rural children remained undocumented. During the year the government continued programs to improve the rate of birth registration through on-site registries collocated in maternity hospitals in five provinces and the training of midwives in rural areas to complete temporary registration documents for subsequent government conversion into official birth certificates.

Education: Education is tuition-free and compulsory for documented children through the sixth grade, but students often faced significant additional expenses such as books or fees paid to education officials. When parents were unable to pay the fees, their children were often unable to attend school.

There were reports that parents, especially in more rural areas, were more likely to send boys to school rather than girls. According to UNESCO, enrollment rates were higher for boys than for girls, especially at the secondary level.

Child Abuse: Child abuse was widespread. Reports of physical abuse within the family were commonplace, and local officials largely tolerated abuse. A 2012 law significantly improved the legal framework protecting children, but problems remained in its implementation and enforcement.

Early and Forced Marriage: The legal age for marriage with parental consent is 15 for girls and 16 for boys. The government did not enforce this restriction effectively, and the traditional age of marriage in lower income groups coincided with the onset of puberty.

Sexual Exploitation of Children: All forms of prostitution, including child prostitution, are illegal. Police did not actively enforce laws against prostitution, and local NGOs expressed concern regarding child prostitution. The law does not prohibit the use, procurement, offering, and financial benefit of a child for the production of pornography and pornographic performances. The law does not criminally prohibit either the distribution or the possession of child pornography. On September 19, the Internet Watch Foundation (IWF), the Association for the Reintegration of Children and Youth in Social Life (SCARJoV), a local NGO, and INAC launched a digital public platform to allow anonymous reporting of images and videos of child pornography and sexual abuse. SCARJoV and IWF explained that experts based in the United Kingdom would scrutinize the video and images, remove them from the internet, and refer suspected cases of abuse to local law enforcement.

Sexual relations between an adult and a child younger than 12 are considered rape, and conviction carries a potential penalty of eight to 12 years’ imprisonment. Sexual relations with a child between the ages of 12 and 17 are considered sexual abuse, and convicted offenders may receive sentences from two to eight years in prison. The legal age for consensual sex is 18. Limited investigative resources and an inadequate judicial system prevented prosecution of most cases. There were reports of prosecutions during the year.

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 travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There is a Jewish community of approximately 500 persons, primarily resident Israelis. 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 physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these prohibitions. The constitution grants persons with disabilities full rights without restriction and calls on the government to adopt national policies to prevent, treat, rehabilitate, and integrate persons with disabilities to support their families; remove obstacles to their mobility; educate society regarding disability; and encourage learning and training opportunities for persons with disabilities. In 2016 the Law of Accessibilities entered into force, requiring changes to public buildings, transportation, and communications to increase accessibility for persons with disabilities, but civil society organizations and persons with disabilities reported the government failed to enforce the law and significant barriers to access remained.

On April 22, the Platform for Inclusion, an activist group for persons with disabilities, held a protest in Luanda to raise awareness of discrimination against persons with disabilities. Police, however, intercepted and forbade demonstrators in wheelchairs from using placards and continuing on the planned route. According to Amnesty International, police subjected the protesters to violence. A member of the Platform for Inclusion, Adao Ramos, criticized the government for failing to implement the Law of Accessibilities and provide adequate protection for persons with disabilities. According to police, they halted the protest because the Platform for Inclusion did not comply with the legal requirement to inform authorities 72 hours in advance of a protest.

Persons with disabilities included more than 80,000 survivors of land mines and other explosive remnants of war. The NGO Handicap International estimated that as many as 500,000 persons had disabilities. Because of limited government resources and uneven availability, only 30 percent of such persons were able to take advantage of state-provided services such as physical rehabilitation, schooling, training, or counseling.

Persons with disabilities found it difficult to access public or private facilities, and it was difficult for such persons to find employment or participate in the education system. Women with disabilities were reported to be vulnerable to sexual abuse and abandonment when pregnant. The Ministry of Social Assistance, Families, and Women’s Promotion sought to address problems facing persons with disabilities, including veterans with disabilities, and several government entities supported programs to assist individuals disabled by landmine incidents.

On August 23, the National Association of University Students with Disabilities (ANEUD) filed a complaint with the PGR alleging discrimination against students with disabilities in violation of the law. Micael Daniel, the president of ANEUD, stated the Ministry of Education failed to reserve the required 4 percent of university public education slots for persons with special needs during an open competition for university slots. At year’s end the PGR continued to investigate the case.

Indigenous People

The constitution does not specifically refer to the rights of indigenous persons, and no specific law protects their rights and ecosystems. The estimated 14,000 San lacked adequate access to basic government services, including medical care, education, and identification cards, according to a credible NGO. The government permitted businesses and well-connected elites to take traditional land from the San.

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

The constitution prohibits all forms of discrimination but does not specifically address sexual orientation or gender identity. Local NGOs reported that lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals faced violence, discrimination, and harassment. The government, through its health agencies, instituted a series of initiatives to decrease discrimination against LGBTI individuals. During the year the government formally registered Association Iris Angola, the country’s first LGBTI rights NGO. Also during the year, one of the former president’s children announced publicly that he was gay.

Discrimination against LGBTI individuals was rarely reported, and when reported, LGBTI individuals asserted that sometimes police refused to register their grievances. The association continued to collaborate with the Ministry of Health and the National Institute to Fight HIV/AIDS to improve access to health services and sexual education for the LGBTI community.

HIV and AIDS Social Stigma

Discrimination against those with HIV/AIDS is illegal, but lack of enforcement allowed employers to discriminate against persons with the condition or disease. There were no news reports of violence against persons with HIV/AIDS. Reports from local and international health NGOs suggested discrimination against individuals with HIV/AIDS was common. The government’s National Institute to Fight HIV/AIDS includes sensitivity and antidiscrimination training for its employees when they are testing and counseling HIV patients.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except members of the armed forces and police, to form and join independent unions. To establish a trade union, at least 30 percent of workers in an economic sector in a province must follow a registration process and obtain authorization from government officials. The law provides for the right to collective bargaining except in the civil service. The law prohibits strikes by members of the armed forces, police, prosecutors and magistrates of the PGR, prison staff, fire fighters, public-sector employees providing “essential services,” and oil workers.

While the law allows unions to conduct their activities without government interference, it also places some restrictions on their ability to strike. Before engaging in a strike, workers must make a good-faith effort to negotiate their grievances with their employer. Should they fail to negotiate, the government may deny the right to strike. The government may intervene in labor disputes that affect national security and energy sectors. Essential services are broadly defined, including the transport sector, communications, waste management and treatment, and fuel distribution. In exceptional circumstances involving national interests, authorities have the power to requisition workers in the essential services sector. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Employment, and Social Security. The law does not prohibit employer retribution against strikers, and it permits the government to force workers back to work for “breaches of worker discipline” or participation in unauthorized strikes. Nonetheless, the law prohibits antiunion discrimination and stipulates that worker complaints should be adjudicated in the labor court. The Ministry of Public Administration, Employment, and Social Security had a hotline for workers who believed their rights had been violated. By law employers are required to reinstate workers who have been dismissed for union activities. There were no known cases of retribution against strikers during the year.

The government generally did not effectively enforce applicable labor laws. Labor courts functioned but were overburdened by a backlog of cases and inadequate resources. The law provides for penalties for violations of the labor code and labor contracts, but the penalties were not an effective deterrent due to the inefficient functioning of the courts.

Freedom of association and the right to collective bargaining were not generally respected. Government approval is required to form and join unions, which were hampered by membership and legalization issues. In September 2017 the president of the National Union of the Workers in Angola, Manuel Viage, stated that many foreign companies, primarily Chinese-owned, prohibited their workers from joining labor unions under threat of dismissal. Labor unions, independent of those run by the government, worked to increase their influence, but the ruling MPLA continued to dominate the labor movement due to historical connections between the party and labor, and also the superior financial base of the country’s largest labor union (which also constitutes the labor wing of the MPLA). The government is the country’s largest employer, and the Ministry of Public Administration, Employment, and Social Security mandated government worker wages with no negotiation with the unions.

In April the National Teachers’ Union began a six-day strike to demand higher salaries, step increases, and fewer work hours for primary and secondary schools. There were reports that some government administrators threatened teachers with disciplinary measures, including salary cuts, if they participated in the strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government did not effectively enforce the law due in part to an insufficient number of inspectors. Penalties for violations are the same as those for trafficking in persons, ranging from eight to 12 years in prison, and were insufficient to deter violations, primarily due to lack of enforcement.

Forced labor of men and women occurred in fisheries, agriculture, construction, domestic service, and artisanal diamond mining sectors, particularly in Lunda Norte and Lunda Sul Provinces. Migrant workers were subject to seizure of passports, threats, denial of food, and confinement. The government continued to make use of a training video for law enforcement and immigration officials that included a short segment on how to identify victims of trafficking, although this was not the sole objective of the film. INAC continued working to reduce the number of children traveling to agricultural areas in the country’s southern regions to work on farms, mostly through community outreach concerning the importance of an education. Forced child labor also occurred.

On July 24, the Union of Fisheries and Derivatives denounced the unfair labor practices of Guanda Pesca, a Chinese and Angolan-administered fishing company. Joaquim de Sousa, the secretary general of the union, harshly criticized the company’s poor operating condition and seven-day work week as akin to modern slavery and threatened to file a criminal complaint. Following the public allegations, Guanda Pesca representatives met with employees and agreed to improve working conditions and decrease working hours.

See also 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 children younger than age 14 from working. To obtain an employment contract, the law requires youth to submit evidence they are 14 years of age or older. Children could work from age 14 to 16 with parental permission or without parental consent if they are married and the work did not interfere with schooling or harm the physical, mental, and moral development of the minor. The law also allows orphan children who want to work to get official permission in the form of a letter from “an appropriate institution,” but it does not specify the type of institution. The Ministry of Public Administration, Employment, and Social Security; the Ministry of Social Assistance, Families, and Women’s Promotion; the Ministry of Interior; the Ministry of Labor; INAC; and the national police are the entities responsible for enforcement of child labor laws. On June 12, the Ministry of Labor launched the National Action Plan for the Eradication of Child Labor for 2018-2022, which aimed to map the most prevalent zones and types of child labor in the country to strengthen coordination of child labor investigations, prosecutions, and the imposition of criminal penalties. An interministerial commission to combat trafficking in persons was created in 2014 to coordinate enforcement actions. The government had difficulty monitoring the large informal sector, where most children worked.

Inspectors are authorized to conduct surprise inspections whenever they see fit. Penalties were generally sufficient to deter violations. Penalties for not signing a written contract for children age 14 and older is a fine of two to five times the median monthly salary offered by the company. Children older than age 14 who are employed as part of an apprenticeship are also required to have a written contract. The penalty on employers for not having this contract is three to six times the average monthly salary of the company. For children found to be working in jobs categorized as hazardous (which is illegal), the fines are five to 10 times the average monthly salary of the company. Nonpayment of any of these fines results in the accrual of additional fines.

The government did not consistently enforce the law. Child labor, especially in the informal sector, remained a problem. On June 19, INAC filed two complaints against four Chinese companies for violating labor laws and child protection statutes. The first complaint stated that a Chinese cement brick manufacturing company in the northwestern city of Saurimo hired underage children to manufacture bricks and load trucks and paid them very little compensation. At year’s end the case was before the Provincial Tribunal of Lunda Sul. The second INAC complaint was against three Chinese fishing companies–Famao-Lda, Fuhaui Atlantico, and Guanda Pesca-Benguela Province. INAC stated the companies recruited children between the ages of 14 and 17 without parental consent as required by law and employed them in poor conditions for little compensation. The investigation into the complaint was ongoing at year’s end. The Ministry of Public Administration, Employment, and Social Security had oversight of formal work sites in all 18 provinces, but it was unknown whether inspectors checked on the age of workers or conditions of work sites. If the ministry determined a business was using child labor, it transferred the case to the Ministry of Interior to investigate and possibly press charges. It was not known whether the government fined any businesses for using child labor. The Ministry of Public Administration, Employment, and Social Security, other government agencies, and labor unions implemented a national plan to limit child labor.

Children engaged in economic activities such as agricultural labor on family farms and commercial plantations–particularly in orchards–as well as in fishing, brick making, artisanal mining, charcoal production, domestic labor, and street vending. Exploitive labor practices included involvement in the sale, transport, and offloading of goods in ports and across border posts. Children were forced to act as couriers in the illegal cross-border trade with Namibia. Adult criminals sometimes used children for forced criminal activity, since the justice system prohibits youths younger than 12 from being tried in court.

Street work by children was common, especially in the provinces of Luanda, Benguela, Huambo, Huila, and Kwanza Sul. Investigators found children working in the streets of Luanda, but many returned during the weekends to some form of dwelling in Luanda or outlying cities. Most of these children shined shoes, washed cars, carried water and other goods, or engaged in other informal labor, but some resorted to petty crime and begging. Commercial sexual exploitation of children occurred as well.

The government, through INAC, worked to create, train, and strengthen child protection networks at the provincial and municipal levels in all 18 provinces. No central mechanism existed to track cases or provide statistics. The government also dedicated resources to the expansion of educational and livelihood opportunities for children and their families.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, sex, religion, disability, or language, and the government in general effectively enforced the law in the formal sector. The constitution prohibits all forms of discrimination, although it does not specifically address political opinion, national origin, sexual orientation, or gender identity (see section 6). The law provides for equal pay for equal work, and many women held high-level positions in state-run industries and in the private sector or worked in the informal sector. There were no known prosecutions of official or private sector gender-based discrimination in employment or occupation. Women held ministerial posts.

The government did not effectively implement the law. Persons with disabilities found it difficult to gain access to public or private facilities, and it was difficult for such persons to participate in the education system and thus find employment. Reports during the year indicated that persons with albinism also experienced discrimination in employment and access to public services. There were no known prosecutions for discrimination in employment. Penalties were not sufficient to deter violations.

Discrimination against migrant workers also occurred.

e. Acceptable Conditions of Work

A minimum wage for the formal sector exists, and varies by sector. The minimum wage for the formal sector may be updated annually or when the government assesses economic conditions warrant. The minimum wage law does not cover workers in informal sectors, such as street vendors and subsistence farmers.

The standard workweek in the private sector is 44 hours, while in the public sector it is 37 hours. In both sectors the law mandates at least one unbroken period of 24 hours of rest per week. In the private sector, when employees engage in shift work or a variable weekly schedule, they may work up to 54 hours per week before the employer must pay overtime. In the formal sector, there is a prohibition on excessive compulsory overtime, defined as more than two hours a day, 40 hours a month, or 200 hours a year. The law also provides for paid annual holidays. By law employers must provide, at a minimum, a 50 percent of monthly salary bonus to employees each year in December and an annual vacation. Workweek standards were not enforced unless employees filed a formal complaint with the Ministry of Public Administration, Employment, and Social Security. Labor law protected foreign workers with permanent legal status or a temporary work visa.

The government effectively enforced the minimum wage law within the formal labor sector. An employer who violates the minimum wage law faces a penalty of between five and 10 times the applicable sector-specific minimum wage payable to the affected employee. Most workers in the informal sector were not covered by wage or occupational safety standards. An estimated 60 percent of the economy derived from the informal sector, and most wage earners held second jobs or depended on the agricultural or other informal sectors to augment their incomes.

A 2016 presidential decree established minimum employment standards for domestic workers, including national minimum wage protection, an eight-hour work day for domestic workers living outside of their employer’s home, a 10-hour work day for domestic workers living inside their employer’s home, compulsory employer contributions to a domestic worker’s social security protection, and maternity and holiday allowances. The Ministry of Public Administration, Employment, and Social Security is charged with implementing and enforcing the law. An insufficient number of adequately trained labor inspectors hampered enforcement efforts. Some companies received advance warning of impending labor inspections.

The labor law requires a safe work environment in all sectors of the economy. Employees have the right to remove themselves from hazardous working conditions and may file a formal complaint with the Ministry of Public Administration, Employment, and Social Security if employers insist they perform hazardous tasks. The government enforced occupational safety and health standards and investigated private company operations based on complaints made by NGOs and labor unions.

Australia

Executive Summary

Australia is a constitutional democracy with a freely elected federal parliamentary government. In a free and fair federal parliamentary election held in July 2016, the Liberal Party and National Party coalition won a majority in the 150-seat House of Representatives. Scott Morrison was sworn in as prime minister in August 2018 following a vote by the Liberal Party to replace Malcolm Turnbull. The next national election must be held by May 2019.

Civilian authorities maintained effective control over the security forces.

Human rights issues included allegations of serious abuses against asylum seekers in offshore detention centers in Papua New Guinea and Nauru.

The government took steps to prosecute officials accused of abuses, and ombudsmen, human rights bodies, and internal government mechanisms responded effectively to complaints.

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

b. Disappearance

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

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

The law prohibits such practices, and the government generally respected these provisions. There were occasional claims police and prison officials mistreated suspects in custody; mistreatment of juvenile detainees was a particular concern. In August the West Australia Police Force Commissioner, Chris Dawson, apologized for the police’s longstanding mistreatment of Aboriginal and Torres Strait Islander communities. He also announced a body camera requirement for all officers in Western Australia to address concerns of abuse.

In August Human Rights Watch reported that Waru, an indigenous prisoner with psychosocial disability, was subjected to regular solitary confinement, physical abuse, and racial slurs from prison officers.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

Physical Conditions: The most recent data from the Australian Institute of Criminology reported 115 prison deaths in 2013-2015. Of those deaths, 80 were from natural causes, 25 from hanging, three from external/multiple trauma, one from head injury, and three from drugs.

A February 2018 Human Rights Watch report compiled through 14 prison visits in Western Australia and Queensland concluded that more than 50 percent of observed inmates had a cognitive, mental health, or physical disability. The study found that inmates with such disabilities were more likely to be placed in solitary confinement due to their perceived “bad” behavior, often exacerbating their condition. The report also documented 32 cases of sexual violence and 41 cases of physical violence.

As of November there were approximately 802 persons in immigration detention facilities in the country and another approximately 1,238 in facilities funded by the Australian Government in Nauru. The Manus Island Regional Processing Center closed in October 2017 pursuant to a Papua New Guinea court decision. There were 671 refugees and failed asylum seekers in Papua New Guinea after the closing of the center. In total, more than 400 refugees held at Manus and Nauru detention centers have been resettled to third countries.

In June 2017 the Australian government reached a court settlement with nearly 2,000 refugees and asylum seekers on Manus Island for illegally detaining them in dangerous and hostile conditions. The government claimed that the settlement was not an admission of liability, but media and independent reports revealed individuals in offshore detention centers were often subjected to sexual and physical abuse by locals and lived in overcrowded and substandard accommodations for prolonged periods. Furthermore, detainees had inadequate access to basic services, including water and hygiene facilities, clothing and footwear, education, and health services.

In July the Queensland coroner found that 24-year-old asylum seeker Hamid Khazaei’s death was “preventable” and resulted from a series of clinical errors, compounded by failures in communication that led to significant delays in his retrieval from Manus Island. Press reports citing human rights organizations’ recommendation that Australia streamline medical assessment and transfer procedures for both Papua New Guinea and Nauru based exclusively on medical advice. A 2016 report stressed that policy considerations should not outweigh the need to evacuate a detainees with urgent medical needs. In October following Nauru’s cancelation of a Doctors Without Borders mental health program on Nauru, the Australian government agreed to bring some refugee families to Australia for treatment. The government has not yet decided how many families to bring.

Administration: Authorities investigated allegations of inhumane conditions and documented the results of such investigations in a publicly accessible manner. The government investigated and monitored prison and detention center conditions.

Independent Monitoring: The government permitted visits by independent human rights observers. There were no reports of intimidation by authorities. A number of domestic and international human rights groups expressed concerns about conditions at immigration detention centers (see above).

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The armed forces, under the Ministry for Defense, are responsible for external security. The Australian Federal Police (AFP), under the Ministry for Justice, and state and territorial police forces are responsible for internal security. The AFP enforces national laws, and state and territorial police forces enforce state and territorial laws. The Department of Immigration and Border Protection and the Australian Border Force are responsible for migration and border enforcement.

Civilian authorities maintained effective control over the armed forces and police, and the government had effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police officers may seek an arrest warrant from a magistrate when a suspect cannot be located or fails to appear, but they also may arrest a person without a warrant if there are reasonable grounds to believe the person committed an offense. Police must inform arrested persons immediately of their legal rights and the grounds for their arrest and must bring arrested persons before a magistrate for a bail hearing at the next session of the court. Twenty-four hours is the maximum investigation period police may hold and question a person without charge, unless extended by court order for up to an additional 24 hours.

In terrorism cases, a number of federal and state or territorial laws permit police to hold individuals in preventive detention without charge or questioning for up to 14 days.

By law the Office of the Independent National Security Legislation Monitor helps ensure that counterterrorism laws strike an appropriate balance between protecting the community and protecting human rights. The AFP, the Australian Crime Commission, and intelligence agencies are subject to parliamentary oversight. The inspector general of intelligence and security is an independent statutory officer who provides oversight of the country’s six intelligence agencies.

Bail generally is available to persons facing criminal charges unless authorities consider the person a flight risk or the charges carrying a penalty of 12 months’ imprisonment or more. Authorities granted attorneys and families prompt access to detainees. Government-provided attorneys are available to give legal advice to detainees who cannot afford counsel.

Arbitrary Arrest: The law allows courts to extend the sentences of convicted terrorists by up to an additional three years if they determine such prisoners continue to pose a significant threat to the community. Various human rights organizations criticized the law asserting it allows the government to detain prisoners indefinitely and arbitrarily. Human rights organizations raised concerns about the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 and the Foreign Influence Transparency Scheme Act 2018, both passed in July, claiming the new laws, which criminalize leaking and the public release of leaked material, do not adequately define national security. The laws also do not provide for a public interest defense for nongovernmental institutions and media for exposing leaks.

In June 2017 the Victoria state government increased antiterrorism measures, giving Victoria police the power to search suspected terrorists and gun crime offenders without warrants. Based on suspicion alone, police are able to impose a firearm prohibition order and search a person, their car, and other property without showing “reasonable belief.” Orders can last up to 10 years for adults and five for youths. Those subject to such an order have the right to appeal to the Victoria Civil Administrative Tribunal.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

e. Denial of Fair Public Trial

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

TRIAL PROCEDURES

The law provides for the right to a fair and timely public trial, and an independent judiciary generally enforced this right. In state district and county courts, and in state and territorial supreme courts, a judge and jury try serious offenses. Defendants enjoy a presumption of innocence and cannot be compelled to testify or confess guilt. They have the right to be informed promptly and in detail of the charges, with free interpretation as necessary from the moment charged through all appeals, the right to an attorney, to be present at their trial, and adequate time and facilities to prepare a defense. Government-funded attorneys are available to low-income persons. The defendant’s attorney can question witnesses, present witnesses and evidence, and appeal the court’s decision or the sentence imposed.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters, and individuals or organizations may seek civil judicial remedies for human rights violations. There is also an administrative process at the state and federal levels to seek redress for alleged wrongs by government departments. Administrative tribunals may review a government decision only if the decision is in a category specified under a law, regulation, or other legislative instrument as subject to a tribunal’s review.

PROPERTY RESTITUTION

For the resolution of Holocaust-era restitution claims, including by foreign citizens, the government has laws and mechanisms in place. Nongovernmental organizations (NGOs) and advocacy groups reported that the government has mechanisms in place, and NGOs and advocacy groups reported that the government made significant/some progress on resolution of Holocaust-era claims, including for foreign citizens.

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

The law prohibits such actions, and there were no reports the government failed to respect these prohibitions. Police have authority to enter premises without a warrant in emergency circumstances.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

Although the freedoms of peaceful assembly and association are not codified in law, the government generally respected these rights.

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.

Abuse of Migrants, Refugees, and Stateless Persons: Domestic and international organizations expressed serious concern about credible allegations of abuse of migrants in the detention centers on Manus Island and Nauru. Abuses included inadequate mental health and other medical services, instances of assault, sexual abuse, suicide, self-harm, suspicious deaths, and harsh conditions. The government claimed to continue to provide necessary services to refugees.

PROTECTION OF REFUGEES

Refoulement: The UN High Commissioner for Refugees (UNHCR) noted that immigration authorities in Australia and offshore detention centers forcibly deported refugees and asylum seekers and employed intimidation tactics so that detainees would voluntarily choose to return to their countries of origin. There were no reports of persecution or torture for returned refugees or asylum seekers, but NGOs and UNHCR considered it a possibility.

Access to Asylum: The law provides for granting asylum or refugee status. The government maintains a humanitarian refugee program that includes several types of visas available to refugees for resettlement in the country. UNHCR identifies and refers the majority of applicants considered under the program.

The law authorizes the immigration minister to designate a country as a regional offshore processing center. Parliament must be notified and then has five days to reject the proposed designation. Asylum seekers transferred to third countries for regional processing have their asylum claims assessed by the country in which the claim is processed. A 2013 agreement with Papua New Guinea ended in 2018. Agreements remained in effect with Nauru (2013) and Cambodia (2014), although the latter has been little used.

In some cases unauthorized arrivals determined not to be refugees who made it to Christmas Island, a small Australian island approximately 300 miles south of Jakarta, were sent to Sri Lanka with the cooperation of the Sri Lankan government. Authorities also occasionally forced intercepted boats carrying smuggled persons back into the territorial waters of their country of embarkation when safe to do so.

By law the government must facilitate access to legal representation for persons in immigration detention in country. Access to government-funded legal assistance is available only to those who arrived through authorized channels.

In June the immigration minister stated no refugee in Papua New Guinea or Nauru, including persons with close family ties to Australia, would be resettled in Australia. Representatives from UNHCR accused the government of breaking its promise to accept refugees with close family ties.

Durable Solutions: The government accepted refugees for resettlement from third countries and funded refugee resettlement services. The Humanitarian Settlement Services program provided case-specific assistance that included finding accommodation, employment programs, language training, registering for income support and health care, and connecting with community and recreational programs.

Temporary Protection: The law permits two temporary protection options for individuals who arrived in Australia and were not taken to regional processing centers in third countries. The temporary protection visa (TPV) is valid for three years, and visa holders are able to work, study, and reside anywhere in Australia with access to support services. Once expired, TPV holders are eligible to reapply for another TPV.

The Safe Haven Enterprise Visa (SHEV) is valid for five years and is granted on the basis that visa holders intend to work or study in nonmetropolitan areas. SHEV holders are eligible to apply for certain permanent or temporary visas after 42 months. As of October 1, the government had granted SHEVs to 11,676 persons.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to change their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voting is mandatory.

Elections and Political Participation

Recent Elections: The government held a free and fair federal parliamentary election in 2016. Voters re-elected the Liberal-National Party Coalition government. The coalition won 76 seats in the 150-seat House of Representatives; the Labor Party won 69 seats and others won five seats.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate.

Indigenous persons and other minorities generally were underrepresented relative to their share of the population. Voters elected the first indigenous woman to the House of Representatives in 2016.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively.

All states have anticorruption bodies that investigate alleged government corruption, and every state and territory appoints an ombudsperson who investigates and makes recommendations in response to complaints about government decisions. The government also appoints one commonwealth (federal) ombudsperson as laws differ between states, and one process or policy cannot always be used across jurisdictions. With the exception of Tasmania, whose anticorruption watchdog has been called “toothless” and “weak,” these bodies actively collaborated with civil society, operated independently and effectively, and had adequate resources.

The Northern Territory government does not have an independent watchdog with sufficient power to investigate politicians and their staffers for corruption and misconduct. The Australian Capital Territory is the only other jurisdictions without anticorruption entities.

In July the country passed the Foreign Influence Transparency Scheme Act, which requires persons and entities who have certain arrangements with, or undertake certain activities on behalf of, foreign principals to register with the government. The legislation seeks to increase transparency of the nature and extent of foreign influence over government and political processes.

Financial Disclosure: The law requires all federal, state, and territory elected officials to report their financial interests. Failure to do so could result in a finding of contempt of parliament and a possible fine or jail sentence. Federal officeholders must report their financial interests to a register of pecuniary interests, and the report must be made public within 28 days of the individual’s assumption of office. No federal legislation prohibits foreign campaign donations, although some states and territories do have such legislation.

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

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

Government Human Rights Bodies: The Human Rights Commission (HRC), an independent organization established by parliament and adequately funded by the federal government, investigates complaints of discrimination or breaches of human rights under the federal laws that implement the country’s human rights treaty obligations. The HRC reports to parliament through the attorney general. Media and nongovernmental organizations deemed its reports accurate and reported them widely. Parliament has a Joint Committee on Human Rights, and federal law requires that a statement of compatibility with international human rights obligations accompany each new bill.

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

Women

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

The law prohibits violence against women, including domestic abuse, and the government enforced the law. Violence against women remained a problem, particularly in indigenous communities.

Females were more likely than males to be victims of domestic violence, including homicide, across all states and territories. Federal and state government programs provide support for victims, including funding for numerous women’s shelters. Police received training in responding to domestic violence. Federal, state, and territorial governments collaborated on the National Plan to Reduce Violence against Women and their Children 2010-22, the first effort to coordinate action at all levels of government to reduce violence against women. The Third Action Plan 2016-19 of the National Plan set 36 practical actions in six priority areas.

Female Genital Mutilation/Cutting (FGM/C): Reporting on FGM/C was limited, and it was believed to be infrequent. The law prohibits FGM/C for all women and girls, regardless of age, in all states and territories. The law applies extraterritoriality to protect citizens or residents from being subjected to FGM/C overseas. Penalties vary greatly across states and territories, ranging from seven to 21 years’ imprisonment. A NGO-produced 2018 statistical report highlighted a drastic increase of likely survivors and at risk women and girls for FGM/C over a five-year period. The report noted this was primarily due to increased migration from countries previously identified as FGM/C practicing.

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

An independent review of the Victoria Police Department released in 2015 found workplace sexual harassment to be an endemic problem despite more than 30 years of legislation prohibiting sex-based harassment and discrimination. The review found evidence of chronic underreporting with victims afraid of negative professional and personal consequences resulting from making a complaint.

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

Discrimination: The law provides for the same legal status and rights for women as for men, including under laws related to family, religion, personal status, labor, property, nationality, and inheritance, as well as employment, credit, pay, owning or managing businesses, education, and housing. The government enforced the law effectively.

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

Children

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

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

In December 2017 the Royal Commission into Institutional Responses to Child Sexual Abuse released its final recommendations on what institutions and governments should do to address child sexual abuse and ensure justice for victims.

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

In July a court sentenced Archbishop Philip Wilson to one year in detention for failing to report to police the repeated abuse of two altar boys by pedophile priests.

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

Sexual Exploitation of Children: The law provides for a maximum penalty of 25 years’ imprisonment for commercial sexual exploitation of children, and the law was effectively enforced. There were documented cases of children younger than age 18 exploited in sex trafficking.

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

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

All states and territories criminalize the possession, production, and distribution of child pornography. Maximum penalties for these offenses range from four to 21 years’ imprisonment. Federal laws criminalize using a “carriage service” (for example, the internet) for the purpose of possessing, producing, and supplying child pornography. The maximum penalty for these offenses is 10 years’ imprisonment, a fine of A$275,000 ($197,000), or both. Under federal law, suspected pedophiles can be tried in the country regardless of where the crime was committed.

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

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

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

Anti-Semitism

According to the 2016 census, the country’s Jewish community numbered 91,000. During the 12-month period ending on September 30, 2017, the nongovernmental Executive Council of Australian Jewry reported 230 anti-Semitic incidents. These incidents included vandalism, threats, harassment, and physical and verbal assaults. In June media reported widespread anti-Semitic actions and statements at St. Mark’s College in Adelaide and Charles Sturt University in Wagga Wagga, New South Wales. A group of residents in South Kalgoorlie, Western Australia, flew a homemade Nazi flag and cut a swastika inside a map of Australia into one home’s lawn during Australia Day celebrations. Stickers belonging to an Australian neo-Nazi organization were put up around Canberra in April. In August Senator Anning Fraser in his first speech to the Senate referred to a “final solution to our immigration problem,” which was widely criticized as anti-Semitic.

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 physical, sensory, intellectual, and mental disabilities. The government effectively enforced the law.

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

Schools are required to comply with the Disability Discrimination Act, and children with disabilities generally attended school. The government provided funding for early intervention and treatment services and cooperated with state and territorial governments that ran programs to assist students with disabilities.

According to the Australian Bureau of Statistics, only 53 percent of Australians with a disability are employed, compared with 83 percent of all working-age people.

National/Racial/Ethnic Minorities

Of complaints received by the HRC under the Racial Discrimination Act during 2016-17, 34 percent alleged “racial hatred,” 26 percent involved employment, and 20 percent involved provision of goods and services. Of the remaining 20 percent, 2 percent involved education, 1 percent involved housing, 1 percent involved “access to places,” and 16 percent were listed as “other.”

Indigenous People

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

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

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

According to the Australia Bureau of Statistics (ABS), while indigenous people make up less than 3 percent of the total population, they constituted 27 percent of the full-time adult prison population. Nearly half of the imprisoned indigenous persons were serving sentences for violent offenses. Indigenous youth made up 64 percent of Queensland’s juvenile detainees, despite accounting for just 8 percent of the state’s population between the ages 10 and 17. An Australian Law Reform Commission study released in March found that the Australian justice system contributed to entrenching inequalities by not providing enough sentencing options /or diversion programs for indigenous offenders.

The ABS reported in 2016 that indigenous individuals experienced disproportionately high levels of domestic violence, with hospitalization for family-related assault 28 times more likely for indigenous men and 34 times more likely for indigenous women than the rest of the country’s population.

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

According to a December 2017 Office of the UN High Commissioner for Human Rights report, although the government adopted numerous policies to address the socioeconomic disadvantages of indigenous peoples, it still failed to respect their rights to self-determination and full and effective participation in society.

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

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

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

During 2016-17, the HRC received 40 complaints of discrimination based on sexual orientation, 39 based on gender identity, and seven based on sex characteristics.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions and associate freely domestically and internationally, to bargain collectively and to conduct legal strikes. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity.

The law requires that employers act in “good faith” when a majority of employees want a collective agreement, although it places some restrictions on the scope of collective bargaining. Prohibited terms include requiring payment of a bargaining services fee, enabling an employee or employer to “opt out” of coverage of the agreement, and anything that breaches the law. Furthermore, the law prohibits multienterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multienterprise bargaining.

When deciding whether to grant a low-paid authorization, the Fair Work Commission (FWC) looks at factors including the current terms and conditions of employment, the bargaining strength of employees, and whether employers and employees are bargaining for the first time. A bargaining agent may represent either side in the process. The law designates collective agreements as being between employers and employees directly; trade unions are the default representatives of their members but, with some exceptions, are not official parties to collective agreements.

The law restricts strikes to the period when unions are negotiating a new enterprise agreement and specifies that strikes must concern matters under negotiation, known as “protected action.” Protected action provides employers, employees, and unions with legal immunity from claims of losses incurred by industrial action. Industrial action must be authorized by a secret ballot of employees; unions continued to raise concerns this requirement was unduly time consuming and expensive to implement. The law subjects strikers to penalties for taking industrial action during the life of an agreement and prohibits sympathy strikes. The law permits the government to stop strikes judged to have caused “significant economic harm” to the employer or third parties. Some provinces have further restrictions. For example, in New South Wales the state government may cancel a union’s registration if the government makes a proclamation or calls a state of emergency concerning an essential service and the “industrial organization whose members are engaged in providing the essential service has, by its executive, members, or otherwise, engaged in activities which are contrary to the public interest.”

The government effectively enforced applicable laws. Penalties for violations of freedom of association and collective bargaining protections for individuals and for corporations were generally sufficient to deter violations. The FWC is the national independent industrial relations management institution. Its functions include facilitating dispute resolution; if dispute resolution is unsuccessful, the parties may elect the FWC to arbitrate the dispute, or the applicant may pursue a ruling by a federal court.

Unions reported concerns that the scope of collective bargaining had been narrowed in recent years, including through decisions by the FWC, which also affected the right to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by migrant workers.

The government effectively enforced applicable labor laws and convicted four defendants in one case involving forced labor. Most forced labor cases were addressed through civil law.

Some foreign nationals who came to the country for temporary work were subjected to forced labor in sectors such as agriculture, cleaning, construction, hospitality, and domestic service. There were reports that some domestic workers employed by foreign diplomats in Australia faced conditions indicative of 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

There is no federally mandated minimum age of employment. State minimums vary from no minimum age to age 15. With the exception of Victoria, all states and territories have established 18 years as the minimum age for hazardous work.

There are laws and regulations pertaining to hazardous work across sectors. For example, under the law in Western Australia, an underground worker may not be younger than age 18 unless he or she is an apprentice or a cadet working underground to gain required experience; a person handling, charging, or firing explosives may not be younger than age 18; and a person may not be younger than age 21 to obtain a winding engine driver’s certificate.

Federal, state, and territorial governments effectively monitored and enforced the laws. Penalties for violations of related laws included fines and were sufficient to deter violations.

The Office of the Fair Work Ombudsman (FWO) actively sought to educate young workers about their rights and responsibilities. Compulsory educational requirements effectively prevented most children from joining the workforce full time until they were age 17. Although some violations of these laws occurred, there was no indication of a child labor problem in any specific sector. There were some reports of commercial sexual exploitation of children (see section 6, Children).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/  for information on the Australian territories of Christmas Island, Cocos (Keeling) Island, and Norfolk Island.

d. Discrimination with Respect to Employment and Occupation

Federal, state, and territory laws provide for protections against employment discrimination. The HRC reviews complaints of discrimination on the ground of HIV/AIDS status under the category of disability-related complaints.

The law requires organizations with 100 or more employees to establish a workplace program to remove barriers to women entering and advancing in their organization. The law requires equal pay for equal work. The government continued efforts to encourage persons under the Disability Support Pension (DSP) program to enter the workforce when they have the capacity to do so, including by requiring compulsory workforce activities for DSP recipients younger than age 35 who can work for more than eight hours per week.

The government enforced laws prohibiting employment discrimination; however, employment discrimination against women, indigenous persons, and persons with disabilities occurred. According to the government’s Workplace Gender Equality Agency, the full-time gender pay gap was 15.3 percent. The International Labor Organization noted its concern that, despite several government initiatives, indigenous peoples continued to be disadvantaged and that employment targets were not met.

Persons with disabilities also faced employment discrimination. In 2016-17, the latest year for which such data were available, approximately 33 percent of the complaints about disability discrimination received by the HRC were in the area of employment and 34 percent in the area of goods, services and facilities.

e. Acceptable Conditions of Work

Effective July 1, the FWC increased the national minimum wage for adults working full time (38 hours per week) to A$719.20 ($517), based on a minimum hourly rate of A$18.93 ($13.60). There was no official estimate of the poverty income level.

By law maximum weekly hours are 38 plus “reasonable” additional hours which, by law, must take into account factors such as an employee’s health, family responsibilities, ability to claim overtime, pattern of hours in the industry, and amount of notice given. An employee may refuse to work overtime if the request is “unreasonable.”

Federal or state occupational health and safety laws apply to every workplace, including in the informal economy. By law both employers and workers are responsible for identifying health and safety hazards in the workplace. Workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The law includes an antibullying provision. The law also enables workers who are pregnant to transfer to a safe job regardless of their time in employment.

The government effectively enforced laws related to minimum wage, hours of work, and occupational safety and health. The FWO provides employers and employees advice on their rights and has authority to investigate employers alleged to have exploited employees unlawfully. The ombudsperson also has authority to prosecute employers who do not meet their obligations to workers. FWO inspectors may enter work sites if they reasonably believe it is necessary to ensure compliance with the law. The number of FWO inspectors was sufficient to enforce compliance. Inspectors can order employers to compensate employees and sometimes assess fines. Penalties were generally sufficient to deter violations, but there were some reports violations continued in sectors employing primarily migrant workers.

Workers exercised their right to a safe workplace and had recourse to state health and safety commissions, which investigate complaints and order remedial action. Each state and territory effectively enforced its occupational health and safety laws through dedicated bodies that have powers to obtain and initiate prosecutions, and unions used right-of-entry permits to investigate concerns. In New South Wales, for example, an individual can be sentenced a maximum of five years’ imprisonment, receive a maximum fine of A$300,000 ($215,500), or both, and a business can be fined up to A$3 million ($2.15 million) for exposing an individual to serious injury or illness.

Most workers received higher compensation than the minimum wage through enterprise agreements or individual contracts. Temporary workers include both part-time and casual employees. Part-time employees have set hours and the same entitlements as full-time employees. Casual employees are employed on a daily or hourly wage basis. They do not receive paid annual or sick leave, but the law mandates they receive additional pay to compensate for this, which employers generally respected. Migrant worker visas require that employers respect employer contributions to retirement funds and provide bonds to cover health insurance, worker’s compensation insurance, unemployment insurance, and other benefits.

There continued to be reports of employers exploiting immigrant and foreign workers (also see section 7.b.). As part of the FWO’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the FWO continued to operate a system for migrant workers to report workplace issues anonymously in 16 languages.

There were reports some individuals under “457” employer-sponsored, skilled-worker visas received less pay than the market rate and were used as less expensive substitutes for citizen workers. The government improved monitoring of “457” sponsors and information sharing among government agencies, particularly the Australian Tax Office. Employers must undertake “labor market testing” before attempting to sponsor “457” visas. A 417 “Working Holiday” visa-holder inquiry recently found the requirement to do 88 days of specified, rural paid work in order to qualify for a second-year visa enabled some employers to exploit overseas workers.

Safe Work Australia, the government agency responsible to develop and coordinate national workplace health and safety policy, cited a preliminary estimate that 115 workers died while working during the year. Of these fatalities, 37 were in the transport, postal, and warehousing sectors; 32 in the agriculture, forestry, and fishing sectors; and 20 in construction.

Benin

Executive Summary

Benin is a stable constitutional presidential republic. In 2016 voters elected Patrice Talon to a five-year term as president in a multiparty election, replacing former president Thomas Boni Yayi, who served two consecutive five-year terms. In 2015 authorities held legislative elections in which former president Yayi’s supporting coalition, Cowry Force for an Emerging Benin, won 33 of 83 seats in the National Assembly, and the coalition allied with four independent candidates held 37 seats (a decrease from 41 in the prior legislature). International observers viewed both the 2016 presidential and 2015 legislative elections as generally free, fair, and transparent.

Civilian authorities generally maintained effective control over the security forces.

Human rights issues included incidents of torture; harsh and life-threatening prison conditions; rape and violence against girls and women with inadequate government action for prosecution and accountability; and child labor.

Impunity was a problem. Although the government made an effort to control corruption and abuses, including by prosecuting and punishing public officials, sometimes officials engaged in corrupt practices with impunity.

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

b. Disappearance

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

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

The law and constitution prohibit such practices, but such incidents occurred. According to the December 2017 report of a journalist who conducted an investigation of the country’s prisons, established inmates subjected new detainees to physical abuse, torture, and other degrading treatment. The report indicated that prison staff were aware of this situation, but the prison service denied the allegation.

On February 19, five police officers in Parakou beat a man to death who fled after being stopped for using a cell phone while driving. The police officers were arrested the day of the incident and charged with assault and battery causing death. On April 17, they appeared before a judge of the Court of Parakou who ordered they be held pending further investigation of the case. The officers remained in prison at year’s end.

In 2017 the United Nations received one allegation of sexual exploitation and abuse concerning a Beninese police officer serving with the UN Stabilization Mission in Haiti. The investigation determined the allegation to be substantiated. The United Nations repatriated the individual, who was subsequently jailed in Benin.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to overcrowding, inadequate food, and inadequate sanitary conditions and medical care.

Physical Conditions: Overcrowding and lack of proper sanitation, potable water, and medical facilities posed risks to prisoners’ health. Authorities held juveniles at times with adults and pretrial detainees with convicted prisoners, although not with the most violent convicts.

According to a 2017 Benin Bar Association report on the country’s prisons, conditions in the country’s 10 civil prisons were inhuman, with overcrowding, malnutrition, poor sanitation, and disease common. The inmate populations of eight of these prisons significantly exceeded capacity. There were deaths due to lack of medical care, neglect, and poor ventilation in cramped and overcrowded cells. Lighting was inadequate. Prisoners with mental disabilities lacked access to appropriate disability-related support. Prison authorities forced prisoners to pay “bed taxes” for spaces to sleep and made sick prisoners in the civil prison of Cotonou pay to visit the hospital.

The bar association report stated that the prison population as of November 2017 totaled 7,358 inmates (including pretrial detainees and convicted prisoners) and that pretrial detainees constituted 90 percent of the population. The numbers of detainees held in police stations and in military detention centers, however, were not included in these data.

Administration: Prison authorities allowed visitors, but, according to Watchdog on the Justice System in Benin, they charged visitors amounts ranging from 500 CFA francs to 1,000 CFA francs ($1 to $2).

Independent Monitoring: The government permitted prison visits by human rights monitors. Religious groups and nongovernmental organizations (NGOs) visited prisons, although some NGOs complained credentials were not systematically granted when they submitted requests to make visits. Organizations that visited prisons included the local chapter of Prison Fellowship, Caritas, Prisons Brotherhood, Christian Action for the Abolition of Torture, the French Development Agency, Rotaract (Rotary International), the International Committee of the Red Cross, Amnesty International, and Prisoners without Borders.

Improvements: The government made several improvements to detention conditions during the year. On August 29, Minister of Justice Severin Quenum oversaw the donation of medical equipment to prison health clinics. During the year the government established a pilot psychological assistance unit to provide mental health services to Cotonou Prison inmates; this was the first of several planned prison system units. Completion of construction of the Savalou Prison reduced overcrowding, increasing the total number of prisons in the country to 11.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention; however, security forces occasionally failed to observe these prohibitions. A person arrested or detained, regardless of whether on criminal or other grounds, is entitled to file a complaint with the liberty and detention chamber of the relevant court. The presiding judge may order the individual’s release if the arrest or detention was unlawful.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Beninese Armed Forces (FAB) are responsible for external security. The Republican Police, formed during the year through a merger of police and gendarmes, are under the Ministry of Interior and have primary responsibility for enforcing law and maintaining order in urban and rural areas.

Civilian authorities maintained effective control over the security forces, and the government has mechanisms to investigate and punish abuses. Impunity was a problem, however. Police leadership often did not punish and sometimes protected officers who committed abuses. Individuals may file complaints of police abuse with police leadership, the lower courts, the mediator of the republic (ombudsman), or the Constitutional Court. In 2016, in an attempt to increase police accountability, the minister of interior established two telephone “Green Lines” that individuals may call to report police wrongdoing. The inspector general of the Republican Police Investigation Division is responsible for investigating serious, sensitive, and complex cases involving police personnel. The mandate of the division is to conduct administrative and judicial investigations involving police and to advise the director of the Republican Police on disciplinary action.

On March 1, the Constitutional Court ruled that the Republican Police Anti-Crime Squad in the city of Parakou and its commander violated the constitution and the African Charter of Human and People’s rights related to the inviolability of human life. The ruling was based on the fact that two individuals died and the Anti-Crime Squad seriously injured three others when it dispersed persons attending the induction ceremony of the king of Parakou, deemed illegal by the mayor of Parakou. The court also ruled that victims were entitled to reparations.

On May 2, the minister of interior and public security dismissed 27 heads of police and gendarme units following an audit that found they had mismanaged government funds. The audit stated the 27 police officers and gendarmes diverted the funds for purposes other than their intended purposes or used the funds without proper justification.

Military disciplinary councils deal with minor offenses committed by members of the military. The councils have no jurisdiction over civilians. The country has no military tribunal, so civilian courts deal with serious crimes involving the military.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution requires arrest warrants based on sufficient evidence and issued by a duly authorized judicial official, and requires a hearing before a magistrate within 48 hours, but this requirement was not always observed. After examining a detainee, the judge has 24 hours to decide whether to continue to detain or release the individual. Under exceptional circumstances, or in arrests involving illegal drugs including narcotics, the judge may authorize detention beyond 72 hours not to exceed an additional eight days. Warrants authorizing pretrial detention are effective for six months and may be renewed every six months until a suspect is brought to trial. Detainees have the right to prompt judicial determination of the legality of detention, which was generally observed. Detainees were promptly informed of charges against them. Detainees awaiting judicial decisions may request release on bail; however, the attorney general must agree to the request. They have the right to prompt access to a lawyer. The government provided counsel to indigents in criminal cases. Suspects were not detained incommunicado, held under house arrest, or without access to an attorney.

There were credible reports gendarmes and police often exceeded the legal limit of 48 hours of detention before a hearing, sometimes by as much as a week. Authorities often held persons indefinitely “at the disposal of” the Public Prosecutor’s Office before presenting the case to a magistrate.

Arbitrary Arrest: Arbitrary arrests and detentions occurred. In January 2017 the Constitutional Court ruled that police violated the 48-hour limit on holding a suspect in a commercial dispute without a hearing before a magistrate. The court ruled that suspects may only be held for more than 48 hours if accused of violating a criminal law and only after appearing before a judge who must authorize the extension. On October 18, the Constitutional Court ruled on the pretrial detention of a detainee held since 2011 violated the African Charter on Human and Peoples’ Rights because it was arbitrary and disregarded the detainee’s right to be tried within a reasonable time.

Pretrial Detention: The law defines the maximum length of pretrial detention for felony cases as no more than five years and for misdemeanors as no more than three years. Approximately 90 percent of inmates were pretrial detainees; 20 percent of pretrial detainees were held in excess of five years, according to a 2017 Benin Bar Association report. Inadequate facilities, poorly trained staff, and overcrowded dockets delayed the administration of justice. The length of pretrial detention frequently exceeded the maximum sentence for conviction of the alleged crime.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but the government did not always respect this provision. Prosecuting officials at the Public Prosecutor’s Office are government appointed, making them susceptible to government influence. The judicial system was also subject to corruption, although the government made substantial anticorruption efforts, including the dismissal and arrest of government officials allegedly involved in corruption scandals. Authorities respected court orders.

On May 18, the National Assembly passed two bills amending and supplementing the judicial system and the criminal procedure code to create a specialized antiterrorism, drugs, and financial crimes court (CRIET). CRIET verdicts may be appealed to the Supreme Court, but its mandate is limited to considering whether procedures were followed and relevant laws applied. Observers within the judicial sector raised concerns that the bills establishing CRIET may have violated judicial impartiality, the right of appeal, and due-process principles.

TRIAL PROCEDURES

While the constitution provides for the right to a fair trial, judicial inefficiency and corruption impeded the exercise of this right.

The legal system is based on French civil law and local customary law. A defendant is presumed innocent. Defendants enjoy the right to be informed promptly and in detail of the charges, with free interpretation as necessary, to a fair, timely, and public trial, to be present at trial, and to representation by an attorney. The court provides indigent defendants with counsel upon request in criminal cases. Government-provided counsel, however, was not always available, especially in cases handled in courts located in the north, since most lawyers lived in the south. Defendants who cannot understand or speak French are entitled to free interpretation services as necessary from the moment charged through all appeals. Defendants enjoy the right to adequate time and facilities to prepare a defense; to confront witnesses; to present witnesses and evidence on their own behalf; and to not to be compelled to testify or confess guilt. Defendants may appeal criminal convictions to the Court of Appeals and the Supreme Court, after which they may appeal to the president for a pardon. Trials are open to the public, but in exceptional circumstances, the president of the court may decide to restrict access to preserve public order or to protect the parties. The government extends the above rights to all citizens without discrimination.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The judiciary exercised independence in civil matters. If administrative or informal remedies are unsuccessful, a citizen may file a complaint concerning an alleged human rights violation with the Constitutional Court. The Constitutional Court’s ruling is not binding on courts; citizens, however, may use rulings from the Constitutional Court to initiate legal action against offenders in regular courts. Adverse court rulings other than those of the Constitutional Court may be appealed to the Economic Community of West African States’ Court of Justice and the African Court on Human and People’s Rights. In 2016 the government filed a declaration with the African Union Commission recognizing the competence of the African Court on Human and Peoples’ Rights to receive cases from NGOs and individuals.

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

The constitution and law prohibit such actions, and the government generally respected these prohibitions.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association. Advance notification is required for demonstrations and other public gatherings. The government generally respected these rights. There were no instances of denial on political grounds.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of peaceful assembly, and the government generally respected this right.

The government requires advance notification for use of public places for demonstrations. Authorities sometimes cited “public order” to prevent demonstrations by opposition groups, civil society organizations, and labor unions.

On May 22, the Constitutional Court ruled that the prefect of Littoral Modeste Toboula Department violated the constitution and the African Charter on Human and People’s Rights related to freedom of assembly and public liberties. The court ruled he did so by issuing a decree on March 13 that restricted antigovernment demonstrations by requiring prior registration and approval by the Ministry of Interior. The court stated that requiring registration with the Ministry of Interior violated the enjoyment of fundamental liberties.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, and the government generally respected this right. There were, however, instances where the government violated freedom of association.

In March 2017 the Constitutional Court overturned a Council of Ministers decree banning the activities of university student groups as a violation of the right to freedom of association. The decree claimed that student groups were engaged in military training and intended to disrupt public security and peace. The court ruled that the government’s public order concerns did not justify the suspension of citizens’ constitutional rights.

c. Freedom of Religion

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

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In 2016 the country held the first and second rounds of the presidential election. The vote proceeded calmly and credibly despite minor technical irregularities. Local and international observers unanimously characterized the voting process as peaceful and orderly. Observers identified delays in the provision of voting materials at some polling stations and evidence of training gaps of polling agents but no anomalies that would cast the fundamental integrity of the election into doubt. In 2015 authorities conducted legislative elections for 83 National Assembly seats. Observers viewed the elections as generally free, fair, and transparent.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process. Cultural factors, however, limited women’s political participation. By custom and tradition, women assumed household duties, had less access to formal education, and were discouraged from involvement in politics. President Talon appointed only four female ministers to his 22-member cabinet and one woman among the prefects administering the country’s 12 geographic departments.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials sometimes engaged in corrupt practices. For example, on March 15, President of the National Anti-Corruption Authority (ANLC) Jean-Baptiste Elias announced that the Ministry of Environment and Sustainable Development had awarded a contract for the purchase of 84 motorcycles to the highest bidder at a cost of more than five times their market value. The minister of economy and finance voided the contract and suspended the Ministry of Environment and Sustainable Development procurement officer who awarded the contract along with eight members of his office from engaging in public procurement activities for one year and six months respectively.

It was commonly believed, and acknowledged by some judicial personnel, that the judicial system at all levels was susceptible to corruption.

The government took a number of actions during the year to combat corruption. For example, on July 24, the National Assembly lifted the immunity of three National Assembly deputies from the parliamentary opposition group. Deputies Idrissou Bako, Valentin Djenontin, and Atao Hinnouho faced charges of embezzlement, money laundering, and customs fraud.

Corruption: There were numerous reported abuses similar to the following example. On August 21, the Court of Abomey Calavi convicted six local officials of illegal fundraising and embezzlement of public funds. The six received sentences ranging from three months’ to six months’ imprisonment, but the sentences were suspended.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected public officials. Declarations are not made available to the public. On August 27, President of the ANLC Jean-Baptiste Elias stated that the president and all cabinet members, and officials of the Supreme Court, HAAC, the Independent Electoral Commission, the ANLC, the High Court of Justice, and the Office of the Ombudsman submitted asset disclosure statements. Elias added, however, that only 58 of the 82 sitting National Assembly deputies, eight of the 30 members of the Economic and Social Council, four of the 12 members of the Authority for Public Procurement Regulation, and one of the eight members of the Authority for Electronic Communication and Post Regulation had submitted declarations. Elias threatened to refer delinquent cases to the Supreme Court for punitive action. The penalty for failure to submit an asset disclosure is a fine of six times the monthly wage of the official concerned. This penalty has never been applied.

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 cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The country’s ombudsman was independent, adequately resourced, and effective.

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

Women

Rape and Domestic Violence: The law prohibits rape, but enforcement was weak due to police ineffectiveness, official corruption, and victims’ unwillingness to report cases due to fear of social stigma and retaliation. Prison sentences for rape convictions range from one to five years. The law explicitly prohibits spousal rape and provides the maximum penalty for conviction of raping a domestic partner. Because of the lack of police training in collecting evidence associated with sexual assaults, ignorance of the law, and inherent difficulties victims faced in preserving and presenting evidence in court, judges reduced most sexual offense charges to misdemeanors.

Penalties for conviction of domestic violence range from six to 36 months’ imprisonment. Domestic violence against women was common, however. Women remained reluctant to report cases, and judges and police were reluctant to intervene in domestic disputes.

Government officials and judges acknowledged that the number of rape cases increased during the year throughout the country. On March 29, Prosecutor General of the Cotonou Court of Appeals Emmanuel Opita stated that rape of minors was on the rise and noted that 13 cases of rape of a minor were referred to the court during the first criminal session of the year.

On April 10, the Criminal Court of Cotonou sentenced military member Martin Nouhoumon to 10 years of hard labor for the 2015 rape of a five-year-old girl at a school located near a military barracks in Cotonou.

The Ministry of Social Affairs and Microcredit organized public outreach campaigns to raise public awareness of violence against girls and women.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and provides penalties for conviction of performing the procedure, including prison sentences of up to 10 years and fines of up to six million CFA francs ($10,830). Nevertheless, FGM/C occurred, and enforcement was rare due to the code of silence associated with this crime. The practice was largely limited to remote rural areas in the north. According to UNICEF, 7 percent of girls and women ages 15 to 49 underwent FGM/C.

The government, in conjunction with NGOs and international partners, made progress in raising public awareness of the dangers of the practice. For additional information, see Appendix C.

Sexual Harassment: The law prohibits sexual harassment and offers protection for victims, but sexual harassment was common, especially of female students by their male teachers. Persons convicted of sexual harassment face sentences of one to two years in prison and fines ranging from 100,000 to one million CFA francs ($180 to $1,805). The law also provides for penalties applicable to persons who are aware of sexual harassment but do not report it. Victims seldom reported harassment due to fear of social stigma and retaliation, however, and prosecutors and police lacked the legal knowledge and skills to pursue such cases. Although laws prohibiting sexual harassment were not widely enforced, judges used other provisions in the penal code to deal with sexual abuses involving minors. There were reports of increasing rates of schoolgirl pregnancies. In many reported cases, male teachers were responsible for these pregnancies. On June 7, Minister of Secondary Education, Technical and Vocational Training Mahougnon Kakpo warned male teachers against sexual harassment of girls at an event to launch a sexual health education program in Cotonou.

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

Discrimination: Although the constitution provides for equality for women in political, economic, and social spheres, women experienced extensive discrimination in obtaining employment, credit, equal pay, and in owning or managing businesses.

The law on persons and the family bans all discrimination against women in marriage and provides for the right to equal inheritance. The government and NGOs educated the public on women’s inheritance and property rights and their increased rights in marriage, including prohibitions on forced marriage, child marriage, and polygyny. The government did not enforce the law effectively, however.

Children

Birth Registration: Citizenship is derived by birth within the country to a citizen father. By law the child of a Beninese father is automatically considered a citizen, but the child of a Beninese woman is considered Beninese only if the child’s father is unknown, has no known nationality, or is also Beninese. Particularly in rural areas, parents often did not declare the birth of their children, either from lack of understanding of the procedures involved or because they could not afford the fees for birth certificates. This could result in denial of public services such as education and health care.

On June 11, the National Assembly passed a bill authorizing vital records offices to issue provisional birth certificates on an exceptional basis to persons lacking one who were enrolled in the Administrative Census for the Identification of the Population program (see section 2, Stateless Persons).

Education: Primary education was compulsory for all children between ages six and 11. Public school education was tuition-free for primary school students and for female students through grade nine in secondary schools. Girls did not have the same educational opportunities as boys and the literacy rate for women was approximately 18 percent, compared with 50 percent for men. In some parts of the country, girls received no formal education.

Child Abuse: Children suffered multiple forms of abuse, including rape, sexual harassment, and abduction. The Child Code bans a wide range of harmful practices. The law provides for heavy fines and penalties with up to life imprisonment for convicted violators. Police of the Central Office for the Protection of Minors arrested suspects, referred them to judicial authorities, and provided temporary shelter to victims of abuse.

Early and Forced Marriage: The law prohibits marriage under age 18 but grants exemptions for children ages 14 to 17 with parental consent and authorization of a judge. Early and forced marriage included barter marriage and marriage by abduction, in which the groom traditionally abducts and rapes his prospective child bride. The practice was widespread in rural areas, despite government and NGO efforts to end it through information sessions on the rights of women and children. Local NGOs reported some communities concealed the practice.

In June 2017 the government, in partnership with UNICEF, launched a nationwide “Zero Tolerance for Child Marriage” campaign to change social norms and create a protective environment for children and their communities. For additional information, see Appendix C.

Sexual Exploitation of Children: The penal code provides penalties for conviction of rape, sexual exploitation, and corruption of minors, including procuring and facilitating prostitution; it increases penalties for cases involving children under age 15. The child trafficking law provides penalties for conviction of all forms of child trafficking, including child commercial sexual exploitation, prescribing penalties if convicted of 10 to 20 years’ imprisonment. Individuals convicted of involvement in child commercial sexual exploitation, including those who facilitate and solicit it, face imprisonment of two to five years and fines of one million to 10 million CFA francs ($1,805 to $18,050). The Child Code prohibits child pornography. Persons convicted of child pornography face sentences of two to five years’ imprisonment and fines ranging from two to five million CFA francs ($3,610 to $9,025).

Violence against children was common. According to the Center for Social Promotion of Aplahoue, from January to October there were 38 reported cases of rape, abduction, forced marriage, and trafficking of girls in the Southwestern region of the country alone. Courts meted out stiff sentences to persons convicted of crimes against children, but many such cases never reached the courts due to lack of awareness of the law and children’s rights, lack of access to courts, or fear of police involvement.

Infanticide or Infanticide of Children with Disabilities: Although concealed from authorities, traditional practices of killing breech babies, babies whose mothers died in childbirth, babies considered deformed, and one newborn from each set of twins (because they were considered sorcerers) occurred. A survey conducted by the NGO Franciscans-Benin reported the practice continued in 11 communes in the north of the country during the year.

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 known 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

On April 13, the National Assembly approved the Promotion and Protection of the Rights of Persons with Disabilities Act. The act provides for the protection of the rights of persons with disabilities, including physical, sensory, intellectual, psychological, mental, and communication disabilities, against all forms of exploitation and violence. It offers a wide range of social benefits to persons with disabilities, including improved access to health care, education, vocational training, transportation, and sports and leisure activities. It includes provisions regarding the construction or alteration of buildings to permit access for persons with disabilities. It requires schools to enroll children with disabilities. On August 7, the government, with the assistance of the United Nations Development Program, held a workshop in Cotonou to examine draft enforcement decrees. There were no reports of violence and abuses against persons with disabilities.

The Federation of Associations of Persons with Disabilities of Benin reported that persons with disabilities faced discrimination in employment, health care, access to education, and access to justice.

The government operated few institutions to assist persons with disabilities. The Ministry of Social Affairs and Microcredit coordinated assistance to persons with disabilities through the Support Fund for National Solidarity.

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

The law does not criminalize consensual same-sex sexual conduct between adults. A provision related to public indecency in the penal code, however, may be applied to prosecute same-sex sexual conduct by charging individuals with public indecency or acts against nature. The law prohibits all forms of discrimination without specific reference to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

There were no reports of criminal or civil cases involving consensual same-sex sexual conduct. Members of the LGBTI community reported instances of discrimination and social stigma based on sexual orientation.

Other Societal Violence or Discrimination

Police generally ignored vigilante attacks, and incidents of mob violence occurred, in part due to the perceived failure of local courts to punish criminals adequately. Such cases generally involved mobs killing or severely injuring suspected criminals, particularly thieves caught stealing. Unlike in prior years, the press reported only one case of mob justice during the year. On August 21, residents of the neighborhood of Sekandji Gbago in the Seme Kpodji Commune burned to death a man accused of stealing a motorcycle. No one was arrested by year’s end.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, except certain civil servants and public employees, to form and join independent unions with some restrictions. Unions must register with the Ministry of Interior, a three-month process, or risk a fine. The law does not establish clear grounds on which registration of a trade union may be denied or approved, and official registration may be denied without the union having recourse to a court. The law provides that a trade union federation must be made up of at least five enterprise-level trade unions in the same sector or branch of activity. Additionally, the law requires that a trade union confederation must be composed of at least three trade union federations of different sectors or branches of activities and that only trade union confederations may have affiliation at a national or international level.

In September 2017 the secretaries-general of six trade union confederations issued a joint statement condemning the arrest and 60-day confinement of Captain Patrice Trekpo, the acting general secretary of the Water, Forests, and Hunting Union of Benin. Trekpo was arrested after decrying poor management and bad working conditions for personnel in Pendjari National Park in a local television appearance. He also criticized a park management contract awarded to South African-based NGO African Parks Network, accusing the NGO of plundering the wildlife resources of Pendjari National Park. The six union leaders considered Trekpo’s arrest and confinement to be a violation of trade union law. The government argued that Trekpo’s status as a member of a paramilitary organization superseded his status as a union leader, the arrest was lawful under legal provisions pertaining to paramilitary organizations, and Trekpo’s statements were tantamount to “incitement to rebellion.” In September 2017 an appeal was filed with the Constitutional Court, asking the court to declare Trekpo’s arrest and confinement unconstitutional. In December 2017 the minister of environment and sustainable development dismissed Trekpo. On February 20, in response to the appeal, the Constitutional Court declared that the case was outside its jurisdiction.

The law provides for the rights of workers to bargain collectively. By law collective bargaining agreements are negotiated within a joint committee including representatives of one or several unions and or representatives of one or several employers’ associations. A labor inspector, a secretary, and one or two rapporteurs preside over the committee. The minister of labor and civil service has the authority to determine which trade unions may be represented in the negotiation at the enterprise level. The minister has the power to extend the scope of coverage of a collective agreement. The law imposes compulsory conciliation and binding arbitration in the event of disputes during collective bargaining in all sectors, “nonessential service” sectors included. The National Permanent Commission for Consultation and Collective Bargaining, and the Social Sector-based Dialogue Committee were active in each ministry to foster dialogue between the government and unions. On May 11 and September 13 respectively, the commission held two ordinary sessions.

In 2016 the government, the National Employers’ Association, and six union confederations signed a “National Charter of Social Dialogue” including several measures to be undertaken by the parties to enhance dialogue while fostering democracy and good governance in a climate of social accord and national unity. In June 2017 the government approved two decrees to establish a National Social Dialogue Council and to appoint its members. The council is intended to replace the National Permanent Commission for Consultation and Collective Bargaining.

The law provides for the right to strike, but prior notification must be provided. The merchant marine code grants seafarers the right to organize but not the right to strike. A trade union considering a strike should notify, in writing, the leadership of the concerned entity and the minister of labor and civil service at least three days before the start of the strike. The notification letter should mention the reasons for the strike; the location, date, and start time of the strike; and the expected duration of the strike. Authorities do not formally grant permission to strike, but strikes that fail to comply with these requirements are deemed illegal.

The law provides that civil servants, public- and private-entity workers, and parastatal employees who provide essential services to maintain minimum services during strikes. The law provides for a discretionary determination of “essential services” and defines them as services pertaining to health care, security, energy, water, air transport, and telecommunication. Authorities may declare strikes illegal for reasons such as threatening social peace and order and may requisition striking workers to maintain minimum services. The government may prohibit any strike on the grounds it threatens the economy or the national interest. Laws prohibit employer retaliation against strikers, except that a company may withhold part of a worker’s pay following a strike.

On September 4, the National Assembly passed Act No 2018-35 Amending and Supplementing Act No 2001-09 of 2002 related to the right to strike; in October the president implemented the law. The law restricts the maximum duration of a strike to 10 days per year for all civil servants, local government personnel, public- and private-sector workers, and parastatal employees, except workers who are barred from striking. By law health-sector staff and military and paramilitary personnel–including police, customs, and water, forest and hunting officers–are barred from striking. Minimum service is required for workers that carry out essential responsibilities such as judges, prison and justice system personnel, and staff of the sectors of energy, water, maritime and air transport, financial administration, and telecommunication, with the exception of private radio and television broadcasters. Another provision provides that strikes motivated by the violation of fundamental rights and universally recognized union rights may not prompt salary deductions.

The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Employers may not take union membership or activity into account in hiring, work distribution, professional or vocational training, or dismissal. In addition to certain civil servants and public employees, domestic workers, agricultural workers, migrant workers, and those in export processing zones are excluded from relevant legal protections.

Workers discussed labor-related issues with employers through the National Consultation and Collective Bargaining Commission. The commission held sessions and met with the government to discuss workers’ claims and propose solutions. Information regarding whether or not remedies and penalties had deterrent effects was not available.

The government generally respected the right to form and join independent unions and the right to collective bargaining. With the exception of merchant shipping employees, workers exercised their right to strike. Civil servants went on strike throughout the year. The government did not effectively enforce the law, particularly in the informal sector and with regard to the provisions on antiunion discrimination and reinstatement. There were reports that employers threatened individuals with dismissal for union activity. No violations related to collective bargaining rights were reported.

On January 4, the National Assembly passed legislation abolishing the right to strike for workers in the health, security, and justice sectors. The move triggered a general strike by the National Union of Magistrates, paralyzing the administration of justice. On January 18, the Constitutional Court struck down these provisions stating that the right to strike is a constitutional right that should be protected. The court in its decision urged the National Assembly to regulate the right to strike instead of banning it. On June 28, the Constitutional Court reversed the previous court ruling on the right to strike for government workers in the defense, justice, security, and health sectors, giving as justification the greater societal good of providing that essential state functions are performed without interruption.

b. Prohibition of Forced or Compulsory Labor

The labor code prohibits forced or compulsory labor, with certain exceptions. The law allows for imprisonment with compulsory labor. By law authorities may exact work from military conscripts that is not of a purely military character. Laws regulating various acts or activities relating to the exercise of freedom of expression allow imposition of prison sentences involving obligation to perform social rehabilitation work. Penalties for conviction of forced labor were generally sufficient to deter violations.

Forced labor occurred, including domestic servitude and bonded labor by children. Forced labor was mainly found in the agricultural (e.g., cotton and palm oil), artisanal mining, quarrying, fishing, commercial, and construction sectors. Many traffickers were relatives or acquaintances of their victims, exploiting the traditional system of vidomegon, in which parents allow their children to live with and work for richer relatives, usually in urban areas (see section 6).

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 government has established laws and regulations related to child labor, including its worst forms. The List of Hazardous Occupations sets the minimum age for employment in hazardous work at age 18. The list identifies 21 trades prohibited for children and defines 74 related hazardous activities. Specific trades noted on the list include mining and quarrying, domestic service, and agriculture. The government did not effectively enforce the law.

The labor code prohibits the employment or apprenticeship of children under age 14 in any enterprise; children between ages 12 and 14, however, may perform domestic work and temporary or light seasonal work if it does not interfere with their compulsory schooling. The code bans night work for workers under age 18 unless a special dispensation is granted by the government in consultation with the National Labor Council. Workers under age 18 are entitled to a minimum 12-hour uninterrupted break including the nighttime period.

The Labor Office, under the Ministry of Labor and Civil Service, enforced the labor code only in the formal sector due to a lack of inspectors. The total number of inspections conducted during the year was unavailable. Penalties for those convicted of violating laws were sufficiently strict to serve as a deterrent and ranged from 140,000 CFA francs ($253) to 350,000 CFA francs ($632), sentences of two months to one year in prison, or both.

Labor laws were not effectively enforced. Despite the government’s limited capacity to enforce child labor laws, the government took steps to educate parents on the labor code and prevent compulsory labor by children, including through media campaigns, regional workshops, and public pronouncements on child labor problems. These initiatives were part of the Labor Office’s traditional sensitization program. The government also worked with a network of NGOs and journalists to educate the population regarding child labor and child trafficking. The ministries of Justice and Labor and Civil Service, supported capacity building for officials and agencies responsible for enforcing child labor laws.

During the year authorities prosecuted perpetrators of child labor violations in connection with child trafficking. In April 2017 security forces intercepted two Togolese sisters, ages 17 and 16, at the Benin-Nigeria border; the sisters were on their way to Badagry in Nigeria for domestic servitude. The man accompanying the two girls claimed he was taking them from Togo to Badagry to live with their older sister, who was his wife. The police station of Krake sent the two girls and the suspected trafficker to the Central Office for Minors’ Protection, which investigated the case and referred it to the Court of Cotonou for legal action. The suspect was in detention pending trial at year’s end.

To help support their families, children of both sexes, including those as young as age seven, worked on family farms, in small businesses, on construction sites in urban areas, in public markets as street vendors, and as domestic servants under the practice of vidomegon. Many rural parents sent their children to cities to live with relatives or family friends to perform domestic chores in return for receiving an education.

Host families did not always honor their part of the vidomegon arrangement, and abuse and forced labor of child domestic servants was a problem. Children often faced long hours of work, inadequate food, and sexual exploitation; factors indicative of forced labor and exploitation of children in domestic servitude. Sometimes the child’s parents and the urban family that raised the child divided the income generated by the child’s activities. Up to 95 percent of children in vidomegon were young girls. Several local NGOs led public education and awareness campaigns to decrease the practice.

A majority of children working as apprentices were under the legal age of 14 for apprenticeship, including children working in construction, car and motorbike repair, hairdressing, and dressmaking. Children worked as laborers with adults in quarries, including crushing granite, in many areas. Children were at times forced to hawk goods and beg, and street children engaged in prostitution (see section 6). Children under age 14 worked in either the formal or informal sectors in the following activities: agriculture, hunting and fishing, industry, construction and public works, trade and vending, food and beverages, transportation, and other services, including employment as household staff.

Children are required to attend only six years of primary school, through age 11. Children ages 12 to 13 are particularly vulnerable to the worst forms of child labor, as they may have completed primary school but are under the minimum legal working age of 14.

Some parents indentured their children to “agents” recruiting farm hands or domestic workers, often on the understanding that the children’s wages would be sent to the parents. In some cases these agents took the children to neighboring countries, including Nigeria, Cote d’Ivoire, Togo, and Ghana, for labor.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The constitution and labor code prohibit discrimination with respect to employment and occupation based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, and disability. The laws, however, do not explicitly prohibit discrimination based on sexual orientation, gender identity, and HIV or other communicable disease status. The government, in general, effectively enforced these laws and regulations in most sectors. Women experienced extensive discrimination because of societal attitudes and resistance to behavioral change (see section 6). Women’s wages consistently lagged behind those of men. Employment discrimination occurred in the private and public sectors. According to the National Institute of Statistics and Economic Analysis, the employment rate was 73 percent for men and 69 percent for women in 2011. The prohibitions on discrimination did not apply to the large informal sector.

The labor code includes provisions to protect the employment rights of workers with disabilities, but many experienced discrimination in hiring and access to the worksite.

The Office of Labor is responsible for protecting the rights of persons with disabilities.

Migrant workers enjoyed the same legal protections, wages, and working conditions as citizens.

e. Acceptable Conditions of Work

The government set minimum wage scales for a number of occupations. In 2014 the government increased the minimum wage to 40,000 CFA francs ($72) per month from 30,000 CFA francs ($54) per month. According to the United Nations Development Program, 60 percent of the population lives on an income of $1.90 a day or less, a poverty level income that is less than the minimum wage.

The labor code establishes a workweek of between 40 to 60 hours, depending on the type of work, and provides for at least one 24-hour rest period per week. Domestic and agricultural workers frequently worked 70 hours or more per week, above the maximum of 12 hours per day or 60 hours per week provided for by the labor code. The labor code also mandates premium pay for overtime and prohibits excessive compulsory overtime.

The law establishes occupational safety and health standards (OSH). The government has the authority to require employers to remedy dangerous work conditions but did not effectively do so. Provisions of the law related to acceptable conditions of work apply to all workers. Penalties for violating the labor code were not sufficient to deter violations.

The Ministry of Labor and Civil Service and the Ministry of Social Affairs and Microfinance were responsible for enforcement of the minimum wage, workweek, and OSH standards. The ministry did not effectively enforce these standards, especially in the large informal sector. Significant parts of the workforce and foreign migrant workers did not benefit from minimum wage scales. Authorities generally enforced legal limits on workweeks in the formal sector but did not effectively monitor or control foreign or migrant workers’ work conditions. Government efforts were impeded by the insufficient number of labor inspectors and lack of resources to implement inspections. There were 75 labor officers; 56 labor inspectors, 15 administrators, and four labor controllers. Random inspections were conducted in some sectors, but no information was available on the number of violations or convictions.

Many workers supplemented their wages by subsistence farming or informal sector trade. Most workers in the formal sector earned more than the minimum wage; many domestic and other laborers in the informal sector earned less. Violations of OSH standards mostly occurred in informal-sector trades, including hairdressing, dressmaking, baking, mechanics, and carpentry, where workers faced biological, chemical, physical, and psychological risks. Children involved in these trades as apprentices worked long hours and were more vulnerable to hazardous working conditions. In some mechanical and carpentry shops, children worked in close proximity to dangerous tools and equipment, and some adults and children lacked adequate protective gear. According to various sources, informal workers accounted for more than 90 percent of workers in the country. Informal workers faced numerous challenges and vulnerabilities, including long working hours and no social security coverage. They often endured substandard working conditions and exposed to occupational risks. No data on workplace fatalities and accidents were available.

The law does not provide workers with the right to remove themselves from dangerous work situations without jeopardy to continued employment.

Burkina Faso

Executive Summary

Burkina Faso is a constitutional republic led by an elected president. In 2015 the country held peaceful and orderly presidential and legislative elections, marking a major milestone in a transition to democracy. President Roch Mark Christian Kabore won with 53 percent of the popular vote, and his party–the People’s Movement for Progress–won 55 seats in the 127-seat National Assembly. National and international observers characterized the elections as free and fair.

Civilian authorities generally maintained effective control over security forces.

Human rights issues included arbitrary deprivation of life by violent extremist organizations; torture and degrading treatment by security forces and vigilante groups; arbitrary detention by security personnel; life-threatening detention conditions; official corruption; violence against women; and forced labor and sex trafficking, including of children.

The government investigated and punished some cases of abuse, but impunity for human rights abuses remained a problem. The government investigated alleged violations by vigilante groups and security forces but in most cases did not prosecute them.

More than 50 terrorist attacks throughout the country resulted in dozens of deaths, particularly of security personnel and local government officials, kidnappings, and the displacement of civilians, especially in the Sahel Region, located in the northernmost part of the country. As of May forced closures of more than 473 schools affected more than 64,659 students.

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

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

Unknown assailants, but assumed to belong in some capacity to violent extremist organizations, waged attacks on security forces throughout the year. These included attacks on law enforcement, military, customs, and park ranger outposts, patrols, and the use of improvised explosive devices (IEDs) detonated under security vehicles. On March 2, in downtown Ouagadougou, terrorist organization Jama’at Nasr al-Islam wal Muslimin (JNIM) attacked National Army Headquarters and the French embassy, killing eight security personnel. Between August and October, dozens of Burkinabe, including three civilians, died in attacks conducted in the Est Region.

b. Disappearance

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

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

The constitution and law prohibit such practices; in 2014 the National Assembly adopted a law to define and prohibit torture and all related practices.

On February 19, a provincial director of the national police, Alexandres Kawasse, assaulted an 11-year-old girl at his residence. His subordinates reported him, resulting in his arrest on February 23. Authorities relieved him of his duties and charged him with assault on a minor; a judicial police investigation was ongoing at year’s end.

Prison and Detention Center Conditions

Conditions in prisons and detention facilities were harsh and at times life threatening due to overcrowding and inadequate sanitary conditions and medical care.

Physical Conditions: Authorities held pretrial detainees with convicted prisoners. Female prisoners had better conditions than those of men, in large part due to less crowding. Prisoners received two meals a day, but diets were inadequate, and inmates often relied on supplemental food from relatives. In some prisons overcrowding or severe overcrowding exacerbated inadequate ventilation, although some cells had electricity and some inmates had fans. Sanitation was rudimentary.

According to prison administration officials and medical staff, no prisoner deaths occurred during the year at the Central Prison in Ouagadougou (MACO) or the High Security Prison in Ouagadougou.

There were no appropriate facilities or installations for prisoners or detainees with disabilities, who relied on other inmates for assistance.

A human rights nongovernmental organization (NGO) reported that prison guards at the MACO occasionally used excessive physical force, inflicting injuries on prisoners.

Food, potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate in the majority of detention facilities across the country. Tuberculosis, HIV, AIDS, and malaria were the most common health problems among prisoners. For example, at the High Security Prison, there were three nurses employed to treat 673 detainees and prisoners, with no doctor present on site but available on an on-call basis. Detention conditions were better for wealthy or influential citizens, or detainees considered nonviolent.

Local media regularly reported on cases of detainees who had spent more than one year without trial.

Administration: There were no reports that authorities failed to investigate credible allegations of inhuman prison conditions.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prison authorities regularly granted permission to representatives of local and international human rights groups, media, foreign embassies, and the International Committee of the Red Cross to visit prisons without advance notice.

Improvements: In November 2017 the Ministry of Justice, Human Rights, and Civic Promotion sent a team to assess prison conditions and interview detainees, convicted prisoners, and prison guards in 95 percent of the country’s prisons and detention centers. Throughout the year the government funded an awareness and training campaign for prison administration staff. To address overcrowding, the government funded a building expansion at the prison in Bobo-Dioulasso. As of October, however, there was no evidence that these measures effectively reduced overcrowding. During the year the ministry also appointed a special advisor for gender and vulnerable populations in prisons.

To improve detention conditions, improve prisoner health, and facilitate social reintegration of prisoners, the Ministry of Justice, Human Rights, and Civic Promotion launched a three-year prison reform project with EU support. Prison administration officials allowed NGOs and religious organizations regular access to prisoners to provide supplementary psychological and medical care.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of persons to challenge the lawfulness of their arrest or detention in court. Arbitrary arrests occurred, and judicial corruption and inadequate staffing of the judiciary deterred detainees from challenging the lawfulness of their arrest in court.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Security and the Ministry of Defense are responsible for internal security. The Ministry of Internal Security includes the National Police and the gendarmerie. The army, which operates within the Ministry of Defense, is responsible for external security but sometimes assists with missions related to domestic security. Use of excessive force, corruption, widespread impunity, and lack of training contributed to police ineffectiveness. The government announced some investigations were in progress, and others had resulted in prosecutions. Inadequate resources also impeded police effectiveness.

The Military Justice Administration examines all cases involving killings by military personnel or gendarmes to determine whether they occurred in the line of duty or were otherwise justifiable. The administration refers cases deemed outside the line of duty or unjustifiable to civilian courts. Civilian courts automatically handle killings involving police. The gendarmerie is responsible for investigating abuse by police and gendarmes, but it rarely made public the results of its investigations.

NGOs and the Ministry of Justice, Human Rights, and Civic Promotion conducted numerous training activities on human rights for security forces throughout the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

By law police and gendarmes must possess a court-issued warrant based on sufficient evidence before apprehending a person suspected of committing a crime, but authorities did not always follow these procedures. Authorities did not consistently inform detainees of charges against them. By law detainees have the right to expeditious arraignment, bail, access to legal counsel, and, if indigent, access to a lawyer provided by the government after being charged. A judge may order temporary release without bail pending trial. Authorities seldom respected these rights. The law does not provide detainees access to family members, although authorities generally allowed detainees such access through court-issued authorizations.

The law limits detention without charge for investigative purposes to a maximum of 72 hours, renewable for a single 48-hour period. In terrorism investigations, the law allows detention for a 10-day period. In cases not related to terrorism, police rarely observed the law, and the average time of detention without charge (preventive detention) was one week. Once authorities charge a suspect, the law permits judges to impose an unlimited number of consecutive six-month preventive detention periods while the prosecutor investigates charges. Authorities often detained defendants without access to legal counsel for weeks, months, or even years before the defendant appeared before a magistrate. There were instances in which authorities detained suspects incommunicado.

Arbitrary Arrest: On August 29, elite security forces arrested political and web activist Safiatou Lopez, an outspoken critic of the government, without a warrant, encircling her house at nightfall and flying an intelligence drone overhead. Without presenting any evidence, authorities charged her with an attempt to “destabilize the state.” At year’s end she remained in detention.

Pretrial Detention: Authorities estimated 46 percent of prisoners nationwide were in pretrial status. In some cases authorities held detainees without charge or trial for longer periods than the maximum sentence for conviction of the alleged offense. A pretrial release (release on bail) system exists, although the extent of its use was unknown.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law provides persons arrested or detained the right to challenge in court the legal basis or arbitrary nature of their detention. Prisoners who did so, however, reportedly faced difficulties due to either judicial corruption or inadequate staffing of the judiciary.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but the judiciary was corrupt, inefficient, and subject to executive influence, according to NGOs. There were no instances in which the trial outcomes appeared predetermined, and authorities respected court orders. Legal codes remained outdated, there were not enough courts, and legal costs were excessive. Citizens’ poor knowledge of their rights further weakened their ability to obtain justice.

Military courts try cases involving military personnel charged with violating the military code of conduct. Rights provided in military courts are equivalent to those in civil criminal courts. Military courts are headed by a civilian judge, hold public trials, and publish verdicts in the local press.

TRIAL PROCEDURES

The law presumes defendants are innocent. Defendants have the right to be promptly informed and in detail of the charges, with free assistance of an interpreter. Trials are public but may be delayed. Judicial authorities use juries only in criminal cases. Defendants have the right to be present at their trials and to legal representation, consultation, and adequate time and facilities to prepare a defense. Defendants have the right to provide evidence. Defendants have the right not to be compelled to testify or confess guilt, but a refusal to testify often resulted in harsher decisions. Defendants may challenge and present witnesses, and they have the right of appeal. In civil cases where the defendant is destitute and files an appeal, the state provides a court-appointed lawyer. In criminal cases court-appointed lawyers are mandatory for those who cannot afford one. The law extends these rights to all defendants, but the government did not always respect these rights, due in part to popular ignorance of the law and a continuing shortage of magistrates and court-appointed lawyers.

The Ministry of Justice, Human Rights, and Civic Promotion claimed courts usually tried cases within three months, although human rights organizations reported major case backlogs. The 2011 “processing of criminal penalties in real time” reform to shorten pretrial detention allows the prosecutor and investigators (police and gendarmerie) to process a case prior to the criminal hearing. This countrywide approach allows authorities to inform defendants of the charges and trial date before authorities release them pending trial.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees during the year, although some arrests and detentions may have been politically motivated.

In December 2017 security forces arrested and detained Colonel Auguste Denise Barry on charges of “conspiracy to destabilize the state,” although the government did not provide any evidence to justify his arrest. On August 29, authorities provisionally released him without a trial.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent judiciary in civil matters, but it was often inefficient, corrupt, and subject to executive influence. As a result, citizens sometimes preferred to rely on the Office of the Ombudsman (see section 5, Government Human Rights Bodies) to settle disputes with the government.

The law provides for access to a court to file lawsuits seeking damages for, or cessation of, a human rights violation, and both administrative and judicial remedies were available for alleged wrongs. Victims of human rights violations may appeal directly to the Economic Community of West African States (ECOWAS) Court of Justice, even before going through national courts. For civil and commercial disputes, authorities may refer cases to the ECOWAS Common Court of Justice and Arbitration in Abidjan, Cote d’Ivoire. The courts issued several such orders during the year.

There were problems enforcing court orders in sensitive cases involving national security, wealthy or influential persons, and government officials.

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

The constitution and law prohibit such actions, and the government generally respected these prohibitions. In cases of national security, however, the law permits surveillance, searches, and monitoring of telephones and private correspondence without a warrant.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of peaceful assembly, and the government generally respected this right.

In October 2017 national police arrested Pascal Zaida, a civil society leader and open government critic, for holding a demonstration to protest against the administration without a permit. National police issued a statement that they had denied his three prior requests to protest because the protest presented “a risk of disturbing public order.” Authorities released Zaida in November 2017 after 37 days in pretrial detention.

Political parties and labor unions may hold meetings and rallies without government permission, although advance notification and approval are required for public demonstrations that may affect traffic or threaten public order. If a demonstration or rally results in violence, injury, or significant property damage, penalties for the organizers include six months to five years’ imprisonment and fines of between 100,000 and two million CFA francs ($180 and $3,600). These penalties may be doubled for conviction of organizing an unauthorized rally or demonstration. Demonstrators may appeal denials or imposed modifications of a proposed march route or schedule before the courts.

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 constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: The government required citizens to carry a national identity document (ID), and it authorized officials to request the ID at any time. Without a national ID card, citizens could not pass between certain regions of the country and were subject to arrest and fines. On September 2, in Bobo Dioulasso, local police fired warning shots to stop vehicles in a wedding procession, resulting in the injury and hospitalization of two women.

Armed terrorists restricted movement of thousands of rural people in the north. In response to dozens of attacks by unknown armed assailants presumed to be terrorists, local authorities instituted a ban on motorcycle traffic from 7 p.m. until 5 a.m. in the Est and Nord Regions.

INTERNALLY DISPLACED PERSONS (IDPS)

Attacks in the Nord and Est Regions caused a steep increase in the number of IDPs from 3,600 in October 2017 to 39,731 registered in October 2018, according to the UN Office of Humanitarian Affairs. In response, the Ministry of Justice, Human Rights, and Civic Promotion organized a training session August 29-31 in the northern town of Dori to educate development partners on the international human rights standards afforded to IDPs. The majority of IDPs were located in the Sahel, Nord, and Centre-Nord Regions.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Women, National Solidarity, and Family, aided by the National Committee for Refugees (CONAREF), is the focal point for coordination of national and international efforts.

In 2012 fighting resumed in northern Mali between government forces and Tuareg rebels, resulting in the flight of more than 250,000 Malians to neighboring countries, including Burkina Faso. According to UNHCR, approximately 50,000 Malians–most of them Tuaregs and Arabs–fled across the border to Burkina Faso and registered with local authorities as displaced persons. Authorities granted all displaced persons from Mali prima facie refugee status, pending the examination of all applications individually. Authorities settled most of the refugees in Soum and Oudalan Provinces in the Sahel Region. The ministry, aided by CONAREF, was the government’s focal point to help coordinate all national and international efforts. During the year, refugees received an undetermined amount of government assistance.

STATELESS PERSONS

According to UNHCR, more than 700,000 habitual residents were legally or de facto stateless, mostly due to a lack of documentation. During the year the Ministry of Justice, Human Rights, and Civic Promotion worked with UNHCR to deploy mobile courts to remote villages in order to issue birth certificates and national identity documents to residents who qualified for citizenship. The goal was to register 32,000 during the year, but no final statistics were available.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In the 2015 national elections, Roch Mark Christian Kabore won the presidency with 53 percent of the popular vote. His party, the People’s Movement for Progress, won 55 of the 127 seats in the National Assembly. The Union for Progress and Change won 33 seats, and the former ruling party, the Congress for Democracy and Progress, won 18 seats. National and international observers characterized the elections as free and fair.

In the 2016 municipal and regional council elections, the postelection selection process of mayors by municipal councils was marred by clashes among political party activists, resulting in at least three deaths and dozens of injuries in Karangasso and Kantchari. As of September 20, authorities had taken no legal action against anyone involved in the violence.

The 2015 electoral code approved by the National Transitional Council (CNT) stipulated the exclusion of certain members of the former political majority. The code stated that persons who “supported a constitutional change that led to a popular uprising” are ineligible to be candidates in future elections. On July 30, the National Assembly passed a new electoral law that allows all political candidates to run for election and opened the vote to members of the Burkinabe diaspora in possession of a national identity card or passport.

Participation of Women and Minorities: There are no laws limiting the participation of women and members of minorities in the political process, and they did participate. Although the gender quota law requires political parties to name women to fill at least 30 percent of the positions on their candidate lists in legislative and municipal elections, no political party met this requirement during the May 2016 and the May 2017 make-up municipal elections. Parties and government officials said women were less engaged in politics, due to cultural and traditional factors. Women held five of 35 ministerial seats and 14 of 127 seats in the parliament.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. Local NGOs criticized what they called the overwhelming corruption of senior civil servants. They reported pervasive corruption in the customs service, gendarmerie, tax agencies, national police, municipal police, public health service, municipal governments, education sector, government procurement, and the Ministry of Justice, Human Rights, and Civic Promotion. The local NGO Anticorruption National Network categorized the municipal police as the most corrupt government sector in its 2017 annual report. They reported a lack of political will to fight corruption, and stated the government rarely imposed sanctions against prominent government figures.

Corruption: News media and NGOs reported that government officials practiced nepotism on a widespread basis. For example, in January the National Agency for the Promotion of Employment hired 85 administrative agents to work for the National Social Security Fund (CNSS). In June auditors working within the CNSS office found that one third of the hires had family connections with officials working within the institution, including the wife, niece, and nephew of the director of human resources at CNSS.

Financial Disclosure: A 2015 anticorruption law requires government officials–including the president, lawmakers, ministers, ambassadors, members of the military leadership, judges, and anyone charged with managing state funds–to declare their assets and any gifts or donations received while in office. The Constitutional Council is mandated to monitor and verify compliance with such laws and may order investigations if noncompliance is suspected. Disclosures are not made public, however, and there were no reports of criminal or administrative sanctions for noncompliance. As of September national assembly members elected in 2015 had not complied with this law yet faced no sanctions.

In June 2016 the Higher Authority for State Control and the Fight against Corruption extended the requirement to declare assets to include government officials’ spouses and minor children. Infractions are punishable by a maximum prison term of 20 years and fines of up to 25 million CFA francs ($45,000). The law also punishes persons who do not reasonably explain an increase in lifestyle expenditures beyond the 5 percent threshold set by regulation in connection with lawful income. Convicted offenders risk imprisonment for two to five years and a fine of five million to 25 million CFA francs ($9,200 to $45,000). In April 2016 a law was passed limiting the value of a gift a government official could receive to 35,000 CFA francs ($63).

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

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

The United Nations or Other International Bodies: The government did not comply with a December 2017 recommendation from the UN Working Group on Arbitrary Detention for the release of Djibrill Bassole, a former foreign minister arrested in 2015 on charges of treason. At year’s end he remained under house arrest.

Government Human Rights Bodies: The Office of the Ombudsman addresses citizen complaints regarding government entities and other bodies entrusted with a public service mission. The ombudsman, whom the president appoints for a nonrenewable five-year term and who may not be removed during the term, was generally viewed as effective and impartial. For example, in May Ombudsman Saran Sereme Sere presided over a two-day community dialogue in the Boucle du Mouhoun Region to resolve a conflict between the Mossi and Banwana ethnic groups in the village of Solenzo. During 2017, the most recent year for which statistics were available, the office registered 560 complaints, approximately 59 percent of which it resolved.

The Ministry of Justice, Human Rights, and Civic Promotion is responsible for the protection and promotion of human and civil rights, and during the it year conducted education campaigns for the general public as well as administered human rights training for security force and judicial sector members to raise their awareness of human rights. In its most recent annual report, for 2017, the ministry reported it received 356 human rights related cases, of which 270 went to trial, and the remaining 86 were settled out of court.

The government-funded National Commission on Human Rights provides a permanent framework for dialogue on human rights concerns. Its members include representatives of human rights NGOs, unions, professional associations, and the government. The Burkinabe Movement for Human and People’s Rights, which did not participate on the commission, charged that the commission was subject to government influence. Although inadequately funded, the commission continued to be more effective and visible in promoting human rights than in previous years.

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

Women

Rape and Domestic Violence: Under the law conviction for rape, including spousal rape, is punishable by five to 10 years’ imprisonment and may include fines of 100,000 to 500,000 CFA francs ($180 to $900). According to human rights NGOs, rape occurred frequently. Although authorities prosecuted rape cases during the year, no statistics were available on the number of cases reported or prosecuted. For example, in April local media reported that a man raped his eight-year-old niece repeatedly before her parents took her to receive medical and psychological care. His arrest was delayed because the crime was perpetrated in a different county from where the victim reported the crime and received treatment. As of October 22, the case was with an investigative judge.

The law does not specifically mention domestic violence, but it enumerates all forms of violence that in substance covers domestic violence. Domestic violence against women occurred habitually; Catholic, Protestant, and Muslim religious leaders in Kaya stated on July 19 that their followers frequently abused their wives. They noted the husbands’ anger was often triggered by their wives’ requests for money for food, clothing, or school fees for their children.

Victims seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice, Human Rights, and Civic Promotion could provide no statistics on prosecutions, convictions, or punishment. A government-run shelter for women and girls who were victims of gender-based violence welcomed victims regardless of nationality. In Ouagadougou the Ministry of Women, National Solidarity, and Family assisted victims of domestic violence at four centers. The ministry sometimes provided counseling and housing for abused women.

The ministry has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. To raise awareness of gender discrimination and reduce gender inequalities, the ministry organized numerous workshops and several awareness campaigns mainly in the Nord, Sahel, Est, and Center-West Regions.

The law makes conviction of “abduction to impose marriage or union without consent” punishable by six months to five years in prison. Conviction of sexual abuse or torture or conviction of sexual slavery is punishable by two to five years in prison. Conviction of the foregoing abuses may also carry fines of 500,000 to one million CFA francs ($920 to $1,800).

The law requires police to provide for protection of the victim and her minor children and mandates the establishment of chambers in the High Court with exclusive jurisdiction over cases of violence against women and girls. The law requires all police and gendarmerie units to designate officers to assist female victims of violence–or those threatened by violence–and to respond to emergencies; however, some units had not complied by year’s end. It also mandates the creation of care and protection centers in each commune for female victims of violence and a government support fund for their care. The centers receive victims on an emergency basis, offer them security, provide support services (including medical and psychosocial support), and, when possible, refer the victims to court.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for women 18 and above and girls below 18, but it was practiced discreetly in both urban and rural areas on victims ranging between 10 months and 24 years of age. Perpetrators, if convicted, are subject to a fine of 150,000 to 900,000 CFA francs ($270 to $1,620) and imprisonment of six months to three years, or up to 10 years if the victim dies.

On September 18, authorities arrested and charged 30 perpetrators of FGM/C. Throughout the year the National Secretariat against Circumcision worked with local populations to combat the practice. The first lady participated in training and awareness campaigns in cooperation with NGOs and the Ministry of Women, National Solidarity, and Family. NGOs reported an overall decrease in the practice from 10 years ago.

For additional information, see Appendix C.

Other Harmful Traditional Practices: The law makes the conviction of physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in prison, a fine of 300,000 to 1.5 million CFA francs ($540 to $2,700), or both. Neighbors accused elderly women, and less frequently men, without support, living primarily in rural areas, and often widowed in the case of women, of witchcraft and subsequently banned them from their villages, beat them, or killed them. In April the Ministry of Justice, Human Rights, and Civic Promotion announced an action plan for assistance to and social reintegration of girls and women marginalized by their communities.

Sexual Harassment: The law provides for sentences of three months to one year in prison and a fine of 300,000 to 500,000 CFA francs ($540 to $900) for conviction of sexual harassment; the maximum penalty applies if the perpetrator is a relative, in a position of authority, or if the victim is “vulnerable.” The government was ineffective in enforcing the law.

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

Discrimination: Although the law generally provides the same legal status and rights for women as for men–including under family, labor, property, and inheritance laws–discrimination frequently occurred. Labor laws provide that all workers–men and women alike–should receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property.

Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result, authorities often denied women the right to own property, particularly real estate. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.

NGOs reported that authorities arrested women working in the sex industry on charges of prostitution, while ignoring men who sought to hire prostitutes alone.

The government conducted media campaigns to change attitudes toward women. It sponsored a number of community outreach efforts and awareness campaigns to promote women’s rights.

Children

Birth Registration: Citizenship derives either from birth within the country’s territory or through a parent. Parents generally did not register births immediately; lack of registration sometimes resulted in denial of public services, including access to school. To address the problem, the government periodically organized registration drives and issued belated birth certificates.

For additional information, see Appendix C.

Education: According to multiple government sources and NGOs, more than 473 schools closed due to fear of attacks, leaving more than 64,000 children without an option for education.

Child Abuse: Authorities tolerated light corporal punishment, and parents widely practiced it. The government conducted seminars and education campaigns against child abuse. The penal code mandates a one- to three-year prison sentence and fines ranging from 300,000 to 900,000 CFA francs ($540 to $1,620) for conviction of inhuman treatment or mistreatment of children.

The government did not effectively enforce the law. None of the calls to report violence against children, which led to intervention by security force members, resulted in an arrest or prosecution.

Early and Forced Marriage: The legal age for marriage is 17 for girls and 20 for boys, but early and forced marriage was a problem. The law prohibits forced marriage and prescribes penalties of six months to two years in prison for violators, and a three-year prison term if the victim is under age 13. There were no reports of prosecutions during the year. A government toll-free number allowed citizens to report forced marriages.

The Ministry of Women, National Solidarity, and Family conducted information and awareness campaigns. On April 21, local authorities from the ministry in Sanmatenga, a rural region with a historically high rate of child marriage, organized a march and publicly denounced the practice.

According to media reports, the traditional practice persisted of kidnapping, raping, and impregnating a virgin girl and then forcing her family to consent to her marriage to her violator.

Sexual Exploitation of Children: The law provides penalties for conviction of “child prostitution” or child pornography of five to 10 years’ imprisonment, a fine of 1.5 to three million CFA francs ($2,700 to $5,400), or both. The minimum age of consensual sex is 15. A 2014 law criminalizes the sale of children, child commercial sexual exploitation, and child pornography. Children from poor families were particularly vulnerable to sex trafficking. The government did not report any convictions for violations of the law during the year.

Infanticide or Infanticide of Children with Disabilities: The law provides for a sentence of 10 years’ to life imprisonment for infanticide. Newspapers reported several cases of abandonment of newborn babies.

Displaced Children: Repeated armed attacks in the Sahel, Nord, and Est Regions caused the displacement of thousands of children throughout the year. Between January and July, UNHCR registered 27,347 IDPs, of whom 57 percent were children. There were numerous street children, primarily in Ouagadougou and Bobo-Dioulasso. Many children ended up on the streets after their parents sent them to the city to study with an unregistered Quranic teacher or to live with relatives and go to school. In August in the capital, the government launched an initiative to recruit children living on the streets and place them in government-run youth centers where the youth had access to food, shelter, and limited vocational training.

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

Anti-Semitism

There was no known Jewish community. 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 physical, sensory, intellectual, and mental disabilities in employment, education, transportation, access to health care, the judicial system, or the provision of other state services, but the government did not effectively enforce these provisions. There is legislation to provide persons with disabilities less costly or free health care and access to education and employment. The law also includes building codes to provide for access to government buildings. Authorities did not implement all of these measures effectively.

Persons with disabilities encountered discrimination and reported difficulty finding employment, including in government service.

The government had limited programs to aid persons with disabilities, but NGOs and the National Committee for the Reintegration of Persons with Disabilities conducted awareness campaigns and implemented integration programs.

The government continued to arrange for candidates with vision disabilities to take the public administration recruitment exams by providing the tests in Braille. Additionally, authorities opened specific counters at enrollment sites to allow persons with disabilities to register more easily for public service admission tests. According to the Ministry of Education, children with disabilities attended school at lower rates than others, although the government did provide for limited special education programs in Ouagadougou.

National/Racial/Ethnic Minorities

Longstanding conflicts between Fulani (Peuhl) herders and sedentary farmers of other ethnic groups sometimes resulted in violence. Herders commonly triggered incidents by allowing their cattle to graze on farmlands or farmers attempting to cultivate land set aside by local authorities for grazing. Government efforts at dialogue and mediation contributed to a decrease in such incidents.

On April 15, conflict broke out between members of the Peuhl and Gourmantche ethnic groups living in the Est Region over the alleged murder of a Gourmantche man. Local newspapers reported that in retaliation, members of the Gourmantche community allegedly burned several buildings in a Peuhl village, displacing approximately 100 persons.

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

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. NGOs reported police occasionally arrested gay men and humiliated them in detention before releasing them.

Societal discrimination against LGBTI persons was a problem, and it was exacerbated by religious and traditional beliefs. LGBTI individuals were occasionally victims of verbal and physical abuse, according to LGBTI support groups. There were no reports the government responded to societal violence and discrimination against LGBTI persons.

LGBTI organizations had no legal status in the country but existed unofficially with no reported harassment. There were no reports of government or societal violence against such organizations, although incidents were not always reported due to stigma or intimidation.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS was a problem, and families sometimes shunned persons who tested positive. Families sometimes evicted HIV-positive wives from their homes, although families did not evict their HIV-positive husbands. Some property owners refused to rent lodgings to persons with HIV/AIDS. The government distributed free antiretroviral medication to some HIV-positive persons who qualified according to national guidelines.

Other Societal Violence or Discrimination

Vigilante groups apprehended and sometimes arbitrarily detained individuals, usually involved in petty crime, employing severe beatings to solicit a confession. On May 2, assailants attacked a school in Kaya and set on fire the headquarters of vigilante group Kogleweogo. NGOs reported that the dominant Mossi ethnic group often discriminated against the Fulani ethnic group, stigmatized them as terrorists, and in some cases refused to lease housing to or hire Fulanis. NGOs reported that police often arrested a Fulani person based on their physical appearance, questioning them on charges of terrorism before eventually releasing them without charge.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law allows workers to form and join independent unions of their choice without prior authorization or excessive requirements, but essential workers, such as magistrates, police, military, and other security personnel, may not join unions. The law provides unions the right to conduct their activities without interference.

The law provides for the right to strike, although it stipulates a narrow definition of this right. For strikes that call on workers to stay home and that do not entail participation in a rally, the union is required to provide eight to 15 days’ advance notice to the employer. If unions call for a march, they must provide three days’ advance notice to the city mayor. Authorities hold march organizers accountable for any property damage or destruction that occurs during a demonstration. The law also gives the government extensive requisitioning powers, authorizing it to requisition private- and public-sector workers to secure minimum service in essential services.

The law prohibits antiunion discrimination and allows a labor inspector to reinstate immediately workers fired because of their union activities, although in private companies such reinstatement was considered on a case-by-case basis. Relevant legal protections cover all workers, including migrants, workers in the informal sector, and domestic workers. There were no reports of antiunion discrimination during the year.

The law provides for freedom of association and collective bargaining. The government effectively enforced the law. The law lists sanctions for violations, including warnings, penalties, suspension, or dissolution, and were generally sufficient to deter violations. Penalties consist of imprisonment and fines and vary depending on the gravity of the violation. Amendments to the law award a legal existence to labor unions of NGOs, create a commission of mediation, and require that associations abide by the law concerning funding terrorism and money laundering. The law also states that no one may serve as the head of a political party and the head of an association at the same time.

The government generally respected freedom of association and the right to collective bargaining.

The government generally respected the right of unions to conduct activities without interference. Government resources to enforce labor laws were not sufficient to protect workers’ rights.

Unions have the right to bargain directly with employers and industry associations for wages and other benefits. Worker organizations were independent of the government and political parties. There were no reports of strikebreaking during the year.

There were no reports of government restrictions on collective bargaining during the year. There was extensive collective bargaining in the formal wage sector, as the subcontracting sector was where many worker rights violations occurred.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law considers forced or compulsory any labor or service provided by an individual under the threat of any type of sanction and not freely offered. The government did not effectively enforce applicable laws. Forced child labor occurred in the agricultural (particularly cotton), informal trade, domestic labor, restaurant, and animal husbandry sectors, as well as at gold panning sites and stone quarries. Educators forced some children sent to Quranic schools by their parents to engage in begging (see section 6, Children). The government did not have a significant, effective program in place to address or eliminate forced labor. Women from other West African countries were fraudulently recruited for employment and subsequently subjected to forced prostitution, forced labor in restaurants, or domestic servitude in private homes. The government continued to conduct antitrafficking advocacy campaigns and operated a toll-free number for individuals to report cases of violence and trafficking.

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 sets the minimum age for employment at 16 and prohibits children under age 18 from working at night, except in times of emergency. The minimum age for employment was consistent with the age for completing educational requirements, which is 16. In the domestic labor and agricultural sectors, the law permits children who are 13 and above to perform limited activities for up to four and one-half hours per day.

The law prohibits the worst forms of child labor, including the commercial sexual exploitation of children, child pornography, and jobs that harm the health of a child. The government was implementing the National Action Plan to combat the worst forms of child labor and to reduce significantly exploitative child labor. In 2015 the CNT adopted a revised mining code that includes new provisions prohibiting child labor in mines. The amendment establishes a penalty of two to five years in prison and a fine of five million CFA francs ($9,200) to 24 million CFA francs ($43,300) for violators. Antitrafficking legislation provides penalties of up to 10 years for violators and increases maximum prison terms from five to 10 years. The law also provides terms as long as 20 years’ to life imprisonment under certain conditions.

The National Action Plan against the worst forms of child labor coordinated the efforts of several ministries and NGOs. Its goals included greater dissemination of information in local languages, increased access to services such as rehabilitation for victims, revision of the penal code to address the worst forms of child labor, and improved data collection and analysis. A 2014 law criminalizes the sale of children, child prostitution, and child pornography.

Punishment for violating child labor laws includes prison terms of up to five years and fines of up to 600,000 CFA francs ($1,080). The government did not consistently enforce the law. The Ministry of Civil Service, Labor, and Social Security, which oversees labor standards, lacked sufficient inspectors, transportation, and other resources to enforce worker safety and the minimum age law. No data were available on number of prosecutions and convictions during the year.

The government organized workshops and conferences to inform children, parents, and employers of the dangers of exploitative child labor. Despite efforts by the government and several NGOs, violence against children, child labor, and child trafficking occurred. According to 2011 statistics compiled by the National Institute of Statistics, 76 percent of children between the ages of five and 17 engaged in some form of economic activity, 81 percent of whom worked in the agricultural sector. Children commonly worked with their parents in rural areas or in family-owned small businesses in villages and cities. There were no reports of children under the age of 15 employed by either government-owned or large private companies.

Children also worked in the mining, trade, construction, and domestic labor sectors. According to a 2012 UNICEF study, 20,000 children worked as servants, gold washers, or diggers in the gold mining sector. Some children, particularly those working as cattle herders and street hawkers, did not attend school. Many children under age 15 worked long hours. A study by the International Labor Organization reported that children working in artisanal mining sometimes worked six or seven days a week and up to 14 hours per day. Street beggars often worked 12 to 18 hours daily. Such children suffered from occupational illnesses, and employers sometimes physically or sexually abused them. Child domestic servants earned from 3,000 to 6,000 CFA francs ($5.40 to $10.80) per month and worked up to 18 hours per day. Employers often exploited and abused them. Criminals transported Burkinabe children to Cote d’Ivoire, Mali, and Niger for forced labor or sex trafficking.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations. Discrimination occurred based on race, color, sex, religion, political opinion, social origin, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status with respect to employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination.

e. Acceptable Conditions of Work

The law mandates a minimum monthly wage in the formal sector, which does not apply to subsistence agriculture or other informal occupations. The minimum wage was less than the poverty income level. Approximately 46 percent of the population lived below the poverty line. Poverty remained higher in rural areas.

The law mandates a standard workweek of 40 hours for nondomestic workers and a 60-hour workweek for household employees. The law provides for overtime pay, and there are regulations pertaining to rest periods, limits on hours worked, and prohibitions on excessive compulsory overtime.

The government sets occupational health and safety standards. There are explicit restrictions regarding occupational health and safety in the labor law. Employers must take measures to provide for safety and protect the physical and mental health of all their workers and assure that the workplace, machinery, materials, substances, and work processes under their control do not present health or safety risks to the workers.

The law requires every company with 30 or more employees to have a work safety committee. If an employee decides to remove himself due to safety concerns, a court rules on whether the employee’s decision was justified.

The Ministry of Civil Service, Labor, and Social Security is responsible for enforcing the minimum wage and hours of work standards. Ministry inspectors and labor tribunals are responsible for overseeing occupational health and safety standards in the small industrial and commercial sectors, but these standards do not apply in subsistence agriculture and other informal sectors.

These standards were not effectively enforced. Penalties for violations were insufficient to deter violations. There were no reports of effective enforcement of inspection findings during the year.

Employers often paid less than the minimum wage. Employees usually supplemented their income through reliance on extended family, subsistence agriculture, or trading in the informal sector. Mining sector companies generally respected hours of work, overtime, and occupational safety and health standards. Employers subjected workers in the informal sector, which made up approximately 50 percent of the economy, to violations of wage, overtime, and occupational safety and health standards.

Burundi

Executive Summary

The Republic of Burundi is a constitutional, multiparty republic with an elected government. The 2018 constitution, promulgated in June following a May referendum, provides for an executive branch that reports to the president, a bicameral parliament, and an independent judiciary. In 2015 voters re-elected President Pierre Nkurunziza and elected National Assembly (lower house) members in elections boycotted by nearly all independent opposition parties, who claimed Nkurunziza’s election violated legal term limits. International and domestic observers characterized the elections as largely peaceful but deeply flawed and not free, fair, transparent, or credible. There were widespread reports of harassment, intimidation, threatening rhetoric, and some violence leading up to the referendum and reports of compulsion for citizens to register to vote and contribute financially to the management of the elections planned for 2020.

Civilian authorities at times did not maintain control over the security forces.

Human rights issues included unlawful or arbitrary killings by the government; forced disappearances by the government; torture by the government; arbitrary arrest and politicized detention by the government; prolonged pretrial detention; harsh and sometimes life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; threats against and harassment of journalists, censorship through restrictive legislation, internet site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; restrictions on freedom of movement; restrictions on political participation, including elections that were not found to be genuine, free, or fair; corruption; trafficking in persons; crimes involving violence against women, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, minority groups, and persons with albinism; criminalization of same-sex sexual conduct; and use of forced or compulsory or worst forms of child labor.

The reluctance of police and public prosecutors to investigate and prosecute and of judges to hear cases of government corruption and human rights abuse in a timely manner resulted in widespread impunity for government and National Council for the Defense of Democracy-Forces for the Defense of Democracy (CNDD-FDD) officials.

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

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

There were numerous reports the government or its agents committed arbitrary or unlawful killings, often against perceived supporters of the political opposition or those who exercised their lawful rights. The banned NGO Ligue Iteka, which continued operating from outside the country, documented 309 killings by the end of September, many allegedly committed by agents of the security services or members of the Imbonerakure. The assessments of Ligue Iteka and other human rights groups differed on the number of killings for which agents of the state or ruling party were likely responsible. Responsibility for arbitrary killings and exact statistics were difficult to determine due to the government’s restrictions on human rights monitors and civil society organizations (CSOs) and refusal of access to international bodies. Investigations and prosecutions of government officials and members of the ruling party who allegedly committed arbitrary or unlawful killings were rare.

The 2018 report of the UN Commission of Inquiry (UN COI), whose members were denied access to the country by the government but who conducted interviews with more than 400 witnesses living in exile, restated its conclusions from the previous year and found “reason to believe that arbitrary killings remain a widespread practice in Burundi” and that members of the National Intelligence Service (SNR), police, and Imbonerakure were mostly responsible for these killings. The UN COI reported that the practice of hiding bodies, including by weighing them down with stones and throwing them into rivers or by transporting them from one province or district to another to make it difficult to identify victims, persisted. As previously reported the UN COI noted that when bodies are found, they are often buried without an investigation. The commission stated that killings were increasingly taking place in a clandestine fashion rendering documentation more difficult. The report stated that the UN COI received no reports of killings on a scale commensurate with those in 2015 and 2016, with the exception of a May 11 armed group attack in Cibitoke province of a more severe nature. The report also stated that the UN COI had reasonable grounds to believe that crimes including killings, imprisonment, torture, sexual violence, and political persecution amounted to crimes against humanity. NGOs also reported numerous cases of extrajudicial killings committed by police, SNR, and military personnel, sometimes with involvement of local government officials. Local and international organizations also charged that members of the Imbonerakure were responsible for some unlawful killings, including summary executions.

Human rights organizations documented violence, including alleged killings, in advance of the May referendum. Human Rights Watch (HRW) documented the death of Simon Bizimana on March 14 following his arrest and alleged torture during a month-long detention in prison for refusing to register as a voter, which by law is not a crime. During a video, in which Bizimana was questioned by a government official prior to his arrest, he stated he would not participate in elections due to reasons of religious conscience. A hospital certificate stated that the cause of death was malaria, but witness accounts alleged his condition worsened following beatings with iron rods inflicted by police. HRW also documented the killing on February 24 of Dismas Sinzinkayo, a member of the nonrecognized Forces Nationales de Liberation party led by Agathon Rwasa (FNL-Rwasa), by members of the Imbonerakure following his refusal to show proof of voter registration. On May 13, during the two-week official campaign period before the referendum, a violent confrontation between members of Imbonerakure and FNL-Rwasa supporters in Kirundo province resulted in the death of two FNL-Rwasa members.

Burundian armed opposition groups, primarily operating from the eastern Democratic Republic of the Congo (DRC), conducted periodic cross-border forays into Burundi that resulted in killings. On May 11, an armed group crossed the border from the DRC and attacked the town of Ruhagarika in Cibitoke province, killing 26, including women and children. The government stated that some victims were burned alive. Following the incident, the government established a domestic investigative commission, but as of November it had not publicly released its findings. On September 26, police announced the arrest of an alleged leader of the May 11 attack. The individual, Dismas Ndayisaba, stated that he was a member of the armed group RED-Tabara and that the attack was ordered by Alexis Sinduhije, an opposition figure in exile associated with RED-Tabara. Spokespersons for Sinduhije denied the accusation.

As of mid-October there were at least 48 grenade attacks throughout the country, resulting in at least 17 fatalities. It was often difficult to identify perpetrators and motives behind the attacks. While some attacks specifically targeted police and other members of the security services with apparent political motives, others were likely motivated by personal or business vendettas. Responsibility for attacks was often unclear.

b. Disappearance

There were numerous reports that individuals were victims of politically motivated disappearances after they were detained by elements of the security forces or in kidnappings where the identities of the perpetrators were not evident.

In September the UN COI reported that the phenomena of arbitrary arrest and detention, including in secret locations, the concealment of bodies, and the impunity prevailing in the country continued to create a climate of secrecy conducive to enforced disappearance. The report also noted the persistence of allegations that individuals were arrested by members of the security services and killed “without, in certain cases, their bodies being found.” Members of the Imbonerakure, SNR, and police continued to be responsible for most of the disappearances. The 2018 UN COI report stated that commission members had received information regarding cases of alleged forced disappearances for which insufficient details were available to document the cases.

The September report found reason to believe that Bonaventure Havyarimana, Egide Habonimana, Lionel Hafashimana, Emmanuel Nyabenda, and Benius Mbanyenimanga were subjected to forced disappearance following their detention by members of the SNR on March 2. All five were members of the suspended opposition party Movement for Solidarity and Democracy (MSD). The report stated that SNR agents demanded ransoms from the victims’ relatives for their release and that they were allegedly killed despite payment of ransom.

Jean Bigirimana, a journalist for independent newspaper Iwacu, was abducted from his car in 2016. Bigirimana’s spouse was present at the abduction and stated publicly that SNR officers were responsible. As of October his whereabouts remained unknown. According to media reports, his spouse received several anonymous death threats in 2017 and subsequently fled the country with her children; the family continued to receive threats during the year.

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

The constitution and penal code prohibit cruel, inhuman, or degrading treatment or punishment, but there were numerous reports government officials employed these practices. NGOs reported cases of torture committed by security services or members of the Imbonerakure. As of September Ligue Iteka reported 200 such cases, the majority allegedly committed by members of the Imbonerakure. According to HRW some Burundian refugees in other countries testified they had fled the country after they or their family members suffered rape and other sexual violence, torture, and illegal detention by members of the security forces.

In its 2018 report, the UN COI reported that torture and ill-treatment persisted and the methods employed remained consistent, while observing an “evolution in the profile of victims and perpetrators, as well as the goals pursued.” The report stated that since 2017 members of the Imbonerakure were the most frequent perpetrators of acts of torture but reported continued allegations of acts of torture by police officers, agents of the SNR, and Burundian National Defense Forces (BNDF) to a lesser extent. The report described acts of torture as primarily punitive, and aimed particularly at perceived political opponents. According to the UN COI, victims were beaten or kicked or were struck with stones, sticks, rods, metal bars or rifle butts, or were attacked with sharp objects such as machetes or knives. Some victims were burned with heated metal rods, including some who were tied up or handcuffed. In a number of cases, these acts were accompanied by death threats, intimidation, and verbal abuse.

Most such acts of torture and ill-treatment occurred in places of detention, including police or SNR holding cells, the Mpimba central prison in Bujumbura, and unofficial places of detention such as private homes. Several victims described conditions of detention in prisons and police cells that constituted cruel, inhuman or degrading treatment. For example, representatives of the nonrecognized FNL-Rwasa party and the Amizero Y’Abarundi coalition of political independents with which it was associated stated that security service members tortured detained members of the party, including individuals who participated in campaign activities prior to the May constitutional referendum.

Sexual violence remained pervasive and was often used as a means of torture to obtain information or confessions from detainees, although the COI and other observers assessed a trend toward sexual violence by government agents or members of the Imbonerakure being committed in private residences rather than in detention sites. A May report by HRW documented testimonies from Burundian refugees in Uganda and Tanzania that included accounts of acts of sexual violence committed by members of the Imbonerakure against political opponents in 2017 and during the year. Rape was also committed while police officers or members of the Imbonerakure arrested a victim’s spouse or relative accused of belonging to an opposition party.

The country has contributed peacekeepers to the African Union Mission in Somalia since 2008 and to the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) since 2014. As of October there were almost 800 Burundian personnel serving in MINUSCA. The United Nations received three allegations of sexual exploitation and abuse (SEA) against three members of the Burundian military contingent serving with MINUSCA as of September, including one allegation of the rape of a minor. The allegations were pending investigation as of September. Burundian authorities were also investigating other SEA allegations against MINUSCA peacekeepers from Burundi referred to them by the United Nations in 2016 and 2015, in compliance with requirements of the UN Department of Peacekeeping Operations.

Prison and Detention Center Conditions

Prisons were overcrowded, and conditions remained harsh and sometimes life threatening. Conditions in detention centers managed by the SNR and in local “lock-ups” managed by police generally were worse than in prisons, and there were allegations that police and members of the SNR committed acts of torture, beating, and mistreatment of detainees. Prisons did not meet the standards established by the UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules).

Physical Conditions: The Office of Penitentiary Affairs reported that, as of September, there were 10,373 inmates, including 4,745 pretrial detainees, in 11 prisons, the majority of which were built before 1965, with the capacity to accommodate 4,194 inmates. Of the 10,373 inmates, 560 were women and 125 were juveniles. As of October authorities held 117 juveniles (most but not all of whom had been convicted; others were awaiting trial) in two juvenile rehabilitation facilities that opened in 2015; they were allowed to participate in recreational activities and received psychosocial support and preparation for eventual return to their families and communities. In addition, there were 82 children living with their incarcerated mothers. The most crowded prisons were Muramvya (30 miles from Bujumbura), where the inmate population was at 721 percent of capacity and Mpimba (in Bujumbura) which was at 513 percent of capacity. No information was available on the number of persons held in detention centers managed by the SNR or in communal jails operated by police. There was a prison for women in Kayanza. Authorities commonly held pretrial detainees with convicted prisoners. No data were available on the number of deaths in detention, reports of abuse by guards, or prisoner-on-prisoner violence. There were reports of physical abuse by government officials, lack of adequate medical treatment, and prolonged solitary confinement.

Prisons did not have adequate sanitation systems (toilets, bathing facilities), drinking water, ventilation, or lighting. Prisons and detention centers did not have facilities for persons with disabilities.

According to government officials and international human rights observers, many prisoners suffered from intestinal illnesses and malaria (which were also pervasive in the country’s general population). An unknown number died from disease. Each inmate received approximately 12 ounces of manioc and 12 ounces of beans daily; rations also included oil and salt on some days. Authorities expected family and friends to provide funds for all other expenses. Each prison was required to employ at least one qualified nurse and received at least one weekly visit by a doctor, but positions were sometimes vacant and prisoners did not always receive prompt access to medical care; inmates with serious medical conditions were sent to local hospitals.

Administration: Prison authorities allowed prisoners to submit complaints to judicial authorities without censorship, but they rarely investigated prisoners’ complaints. There were credible reports of mistreatment of prisoners, but no record that abusers were punished. Visitors were authorized to see prisoners in most cases.

Independent Monitoring: The 2018 UN COI report documented the continued existence of numerous secret, unofficial detention facilities, including one located in the headquarters of the SNR. No independent monitors were allowed to visit these secret facilities. The September 2016 UN Independent Investigation on Burundi (UNIIB) report concluded there were “reasonable grounds to believe” security forces and Imbonerakure had established 13 places of detention that were denied or unacknowledged by the prosecutor general, according to victims UNIIB had interviewed. In its response to the UNIIB report, the government challenged UNIIB’s “reasonable grounds to believe” there were unacknowledged detention centers by asserting there was no tangible evidence to support the allegations.

The government permitted visits requested by the International Committee of the Red Cross (ICRC), the African Union, and the Independent National Commission on Human Rights (CNIDH). Monitors visited known official prisons, communal jails, and SNR detention centers regularly. Monitoring groups had complete and unhindered access to those prisoners held in known detention facilities. Since the government’s 2016 decision to suspend official cooperation with the Office of the UN High Commissioner for Human Rights (OHCHR) local office, the OHCHR was not allowed to conduct prison visits.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but the government did not observe these prohibitions. The law provides for a fine of 10,000 Burundian francs ($5.65) and imprisonment of 15 days to one year for any member of the security forces found guilty of involvement in arbitrary arrest. Human rights groups reported numerous arbitrary arrests and detentions, including some involving the participation of Imbonerakure members. The UN COI described an ongoing trend of arbitrary arrests and detentions during the period of its mandate, starting in 2015, but it did not provide statistics. As of September Ligue Iteka documented 1,182 cases it deemed to be arbitrary arrests but was not able to document the subsequent disposition of all cases. Although regulations obligated government officials to notify family members of an arrest and allow communication, there were documented cases wherein families of arrested individuals did not receive timely notification or were not allowed contact with detainees.

Among other reasons for arbitrary arrests or detentions, police arrested persons on accusations of “undermining state security, participation in armed banditry, holding illegal meetings, illegal detention of weapons, or simply because they were traveling to or from other provinces or neighboring countries,” according to the OHCHR.

In 2017 there were reportedly 15 cases of children detained for “participation in armed groups, participation in an insurrectional movement, or illegal possession of arms,” all receiving legal assistance through CSOs. Some of those detained were subsequently convicted and sentenced. Those convicted were placed in government-run rehabilitation centers in Ruyigi and Rumonge provinces for children in conflict with the law and received psychosocial support, recreational activities, and preparation for eventual return to their families and communities. As of October, 14 of the 15 children arrested in 2017 were released; one was serving a sentence at the center in Rumonge. There were no further reports of children arrested under these provisions as of October.

NGOs reported numerous cases of individuals arrested without due process and accused of being part of or intending to join the armed opposition. Members of the nonrecognized FNL associated with National Assembly First Vice President Agathon Rwasa (FNL-Rwasa), and his Amizero Y’Abarundi coalition of political independents, stated that security service members arrested party members in retaliation for their political activism and membership in the party, including for political activities during the official campaign period before the May constitutional referendum. Authorities charged some of those identified with the FNL with threats to state security, participation in rebellion, or illegal possession of firearms.

In July 2017 Germain Rukuki, a former employee of the banned NGO Christian Action for the Abolition of Torture-Burundi, was arrested by SNR officials and subsequently transferred to Ngozi Prison. Rukuki was accused of acts against state security and rebellion; international and local human rights organizations criticized the nature of his detention and the charges against him as politically motivated. On April 26, Rukuki was convicted and sentenced to 32 years’ imprisonment, which he appealed. As of November his appeal was in progress. In June Rukuki broke his leg during a volleyball game in prison; he requested and was allowed access to medical treatment at a hospital in Ngozi. During his recovery following his operation, he was returned to prison; Rukuki and his lawyers argued that he needed more time for recovery in hospital. His lawyers applied for a provisional release on humanitarian grounds, but it was not granted.

In November 2017 Nestor Nibitanga, a human rights monitor and former representative of the banned NGO Burundian Association for the Protection of Human Rights and Detainees was arrested in Gitega and accused of acts against state security. On January 3–he was denied bail and on August 13–Nibitanga was convicted of the charges against him and sentenced to five years in prison; his lawyer stated that Nibitanga would appeal.

In June 2017 Emmanuel Nshimirimana, Aime Constant Gatore, and Marius Nizigiyimana, all employees of the NGO Speech and Action for the Raising of Consciousness and the Evolution of Mentalities (PARCEM) in Muramvya province were arrested and similarly charged with acts against state security. In March they were convicted and sentenced to 10 years in prison. Their lawyers appealed the conviction; a hearing scheduled in July was postponed and had not been held by year’s end.

Numerous reports from human rights activists continued to detail instances in which persons arrested allegedly had to pay bribes to be released. The amount demanded typically ranged from 5,280 to 52,800 Burundian francs ($3 to $30). A September 2017 Amnesty International report recounted instances wherein persons arrested by security forces or detained by members of the Imbonerakure were subjected to extortion and asked to pay between 200,000 and two million Burundian francs ($115 to $1,150). The 2017 UN COI report stated that members of the SNR, police, judiciary, and Imbonerakure often demanded large sums of money for the release of detainees or for their transfer to official prisons.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police, which is under the Ministry of Public Security’s authority, is responsible for law enforcement and maintenance of order. The armed forces, which are under the Ministry of Defense’s authority, are responsible for external security but also have some domestic security responsibilities. The SNR, which reports directly to the president, has arrest and detention authority. Members of the Imbonerakure, who have no official arrest authority, were involved in or responsible for numerous detentions and abductions, according to reporting by multiple human rights organizations, and the Imbonerakure regularly took over the role of state security agents. In such cases Imbonerakure members often turned over arrested individuals to members of the official security services, but in some cases harassed or committed acts of violence against detained individuals without subsequently turning them over. The September report of the UN COI stated that the SNR and police continued to be the principal perpetrators of human rights violations but highlighted the increasing role played by members of the Imbonerakure. The UN COI found that impunity for these crimes was widespread and perpetuated by the lack of an independent judiciary.

The 2005 constitution provides for equal numbers of Hutu and Tutsi in the military, police, and the SNR to prevent either of these ethnic groups from having disproportionate power that might be used against the other. The SNR, however, did not achieve equilibrium between Hutu and Tutsi members, as a large majority remained Hutu; a slight majority of the police were Hutu. The May constitutional referendum removed the SNR from the security services subject to ethnic quotas but maintained the quotas for other institutions; it also maintained a clause providing for a review of the quotas by the Senate at a future date. The composition of the BNDF remained close to the quota requirement.

Police were often poorly trained, underequipped, underpaid, and unprofessional. Local citizens widely perceived them as corrupt, often demanding bribes and engaging in criminal activity. The Anticorruption Brigade, which reports to the minister in Charge of Good Governance in the Office of the President, is responsible for investigating police corruption but was widely perceived to be ineffective.

A significant proportion of police were former rebels. Approximately 85 percent of police received minimal entry-level training but had no refresher training in the past five years, while 15 percent received no training. Wages were low and petty corruption widespread.

Police were heavily politicized and responsive to the CNDD-FDD. Police officials complained that members of the Imbonerakure had infiltrated their ranks. CSOs claimed the weaponry carried by some supposed police officers was not in the official arsenal. Some police officers prevented citizens from exercising their civil rights and were implicated in or responsible for summary executions, arbitrary arrests and detentions, enforced disappearances, acts of torture and cruel, inhuman, and degrading treatment and sexual violence. The September UN COI report stated that the Antiriot Brigade and the Protection of Institutions unit continued to be significant perpetrators of grave violations of human rights since 2015. The government rarely investigated and prosecuted these cases, which resulted in widespread police impunity and politicization.

In its response to the 2017 UN COI report, the government admitted that, “certain elements of the security forces have overstepped the framework of their competencies.” The government stated they had been held accountable by the justice system but provided no supporting documentation.

Mixed security committees, whose members came from local government, regular security services, and the citizenry, operated in towns and villages throughout the country. Local government authorities designed the committees to play an advisory role for local policymakers and to flag threats and incidents of criminality for local administration. Members of the Imbonerakure frequently occupied positions on the mixed security committees that were reserved for local citizenry, giving them a strong role in local policing, which permitted the ruling party to harass and intimidate opposition members and those perceived to favor the opposition on the local level. Government officials and a spokesperson for the CNDD-FDD confirmed that Imbonerakure members participated in mixed security committees. The mixed security committees remained controversial because lines of authority increasingly blurred between Imbonerakure members and police. Imbonerakure members reportedly detained individuals for political or personal reasons, despite having no legal powers of arrest; beat, extorted, tortured, and killed persons with impunity; and often handed individuals over to the SNR or police, indicating evidence that authorities knew of and failed to punish their conduct. According to reports by multiple human rights groups, Imbonerakure members set up roadblocks in many provinces, sometimes detaining and beating passersby and extorting money or stealing their possessions.

Independent observers generally regarded the BNDF as professional and politically neutral. The 2017 UN COI report, however, reported that military personnel were implicated in summary executions, arbitrary arrests, and torture; although the most recent COI report clarified the responsibility of BNDF members for torture in particular as “of a lesser measure.” Among the units involved in grave violations of human rights, the commission identified the Special Brigade for the Protection of Institutions, the Combat Engineer Battalion (Camp Muzinda), and the Support Battalion of the First Military Region (Camp Muha) in Bujumbura. The commission and other organizations reported that major decisions, including those that have given rise to gross violations of human rights, were allegedly made through parallel chains of command reporting to senior government and ruling party leadership.

The SNR’s mandate is to provide both external and internal security. It often investigated certain opposition political party leaders and their supporters. Many citizens perceived the SNR as heavily politicized and responsive to the CNDD-FDD. The UN COI and NGOs asserted SNR officials committed acts of torture, extrajudicial killings, enforced disappearance, and arbitrary arrest and detention.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Arrests require warrants issued by a presiding magistrate, although police may arrest a person without a warrant by notifying a police supervisor in advance. Police have seven days to finish their investigation and transfer suspects to appear before a magistrate but may request a seven-day extension if they require additional investigation time. Police rarely respected these provisions and routinely violated the requirement that detainees be charged and appear before a magistrate within seven days of arrest.

A magistrate must either order the release of suspects or confirm the charges and continue detention, initially for 14 days, and for an additional seven days if necessary to prepare the case for trial. Magistrates routinely failed to convene preliminary hearings, often citing their heavy case backlog or improper documentation by police. The CNIDH identified some cases of prisoners held in detention without a preliminary hearing or in excess of the statutory limits for preventive detention in previous years but did not report publicly on the issue during the year. Officials acknowledged that the legal system struggled to process cases in a timely fashion and that lengthy pretrial detentions were common. A UN human rights team that visited SNR facilities in Bujumbura in 2016 reported that 25 of the 67 detainees they saw had been kept in custody beyond the prescribed maximum time. Due to suspension of the OHCHR’s memorandum of understanding in October 2016, it has been unable to verify conditions since then. There were reportedly instances in which police did not comply with magistrates’ orders to release suspects in detention, even when there was insufficient evidence to merit charges.

Lack of transportation for suspects, police, and magistrates was a frequently cited reason for the failure to convene preliminary hearings. This was a particular problem in the six provinces without prisons, where lack of transport prevented the transfer of suspects from the site of detention to the provincial court with jurisdiction over the case.

Judges have authority to release suspects on bail but rarely used it. They may also release suspects on their own recognizance and often did so. Suspects may hire lawyers at their own expense in criminal cases, but the law does not require legal representation, and the government did not provide attorneys for those unable to afford one. Prisons have solitary confinement facilities, and detainees were sometimes held in solitary confinement for long periods. Authorities on occasion denied family members prompt access to detainees, particularly those detainees accused of opposing the government.

The law provides for prisoners to have access to medical care and legal assistance. The SNR denied to lawyers access to detainees held at its headquarters in Bujumbura. The ICRC continued to have access to official prisons and detention centers. Several credible organizations, however, reported that the SNR, police, senior officials of the government, and other security organizations maintained clandestine holding cells to which no independent monitors, including the ICRC, were granted access. The September report of the UN COI documented continued cases of torture and mistreatment that occurred in secret, unofficial detention centers where national and international observers had no access.

Arbitrary Arrest: The law provides for a fine of 10,000 Burundian francs ($6) and imprisonment of 15 days to one year for security force members found guilty of arbitrary arrest. There was no evidence that this law had ever been applied. NGOs reported numerous instances of alleged arbitrary arrests wherein no underlying offense in law existed; Ligue Iteka alleged 1,182 such cases as of September. Comprehensive data were not available on the subsequent handling of the cases. Authorities released many within a day or two of their detention.

Pretrial Detention: Prolonged pretrial detention remained a serious problem. The law specifies authorities may not hold a person longer than 14 days without charge. As of September, according to the director of prison administration, 47 percent of inmates in prisons and detention centers were pretrial detainees. The average time in pretrial detention was approximately one year, according to the Office of Penitentiary Affairs, and authorities held some without charge. Some persons reportedly remained in pretrial detention for nearly five years. In some cases the length of detention equaled or exceeded the sentence for the alleged crime. Inefficiency and corruption among police, prosecutors, and judicial officials contributed to the problem. For example, authorities deprived many persons of their legal right to be released on their own recognizance, because public prosecutors failed to open case files or files were lost. Others remained incarcerated without proper arrest warrants, either because police failed to complete the initial investigation and transfer the case to the appropriate magistrate or because the magistrate failed to convene the required hearing to rule on the charges.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release if found to have been unlawfully detained. There was no record that any person was able to challenge their arrest on these grounds during the year.

Amnesty: On January 31, a presidential decree announced an amnesty of prisoners who were serving sentences of less than five years and halving the sentences of others. The government announced the amnesty would affect approximately 2,000 prisoners; as of October, the government stated that 2,611 had been released under the decree. Some of those released, including members of opposition political parties, were reported to have been subsequently rearrested. The decree specifically excluded those imprisoned for the crimes of genocide, crimes against humanity, war crimes, armed robbery, illegal possession of firearms, threatening the internal or external security of the state, voluntary homicide, being a mercenary, cannibalism, and all other crimes committed in association with organized gangs. In September civil society organizations raised concerns with Ombudsman Edouard Nduwimana that a number of persons who received presidential pardons or who finished their sentences remained in prison. Human rights activists claimed that there were delays in the release of some prisoners eligible under the decree, and members of the banned MSD party stated that more than 100 members of their party who met the degree criteria had not been released as of October.

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, there were instances when authorities subjected members of the judiciary to political influence or bribery to drop investigations and prosecutions, predetermine the outcome of trials, or avoid enforcing court orders. According to the UN COI, the rules of criminal procedure were rarely observed. Warrantless arrests of political opponents were routinely carried out, pretrial detentions were illegally extended, and judges used confessions obtained under torture as a basis for convicting defendants.

The September report of the UN COI stated there was a long-standing lack of judicial independence. The executive branch frequently interfered with politically sensitive cases to protect members of the CNDD-FDD and the Imbonerakure by issuing orders to have them acquitted or released, or to have opponents of the government convicted and imprisoned. Prosecutors and members of the security services sometimes ignored court orders for the release of detainees after judges had determined that there were no legal grounds for holding them.

There were allegations the public prosecutor willfully ignored calls to investigate senior figures within the security services and national police. Serious irregularities undermined the fairness and credibility of trials, and the failure to prosecute members of the security forces accused of abuse created an atmosphere of impunity.

TRIAL PROCEDURES

By law defendants are presumed innocent. Panels of judges conduct all trials publicly. Defendants have the right to prompt and detailed information on the charges and free interpretation from the moment charged through all appeals, if necessary, although these rights were not always respected. Defendants have the right to a fair trial without undue delay and to adequate time and facilities to prepare a defense, although this did not always occur. Defendants have a right to counsel but not at the government’s expense, even in cases involving serious criminal charges. Few defendants had legal representation because few could afford the services of a lawyer. Some local and international NGOs provided legal assistance to some defendants. Defendants have a right to defend themselves, including questioning prosecution or plaintiff witnesses, calling their own witnesses, and examining evidence against them. Defendants also may present evidence on their own behalf and did so in the majority of cases. Defendants have the right not to be compelled to testify or confess guilt. The law extends the above rights to all citizens.

The right to a fair trial was often violated. The September UN COI report stated judges often accepted and based decisions on evidence collected through acts of torture. In January 2017, 20 individuals accused of participating in an armed group attack on the Mukoni military camp in Muyinga province were tried, convicted, and received prison sentences in an expedited procedure in the Superior Court of Muyinga. They were reportedly tried without access to counsel, and the court reportedly did not take into account signs that some had been subjected to torture. According to HRW those standing trial had badly swollen hands and feet, many were limping, one had his arm in a sling, and another vomited blood during the trial. The judge denied a defendant’s request that the trial be postponed because he had been tortured, and wanted to be treated before presenting his defense. The defendants were convicted and sentenced to 30 years’ imprisonment and each fined five million Burundian francs ($2,900), approximately 10 times the average annual income in the country, with an increase of the sentences to 55 years in prison if they failed to pay the fine.

All defendants, except those in military courts, have the right to appeal their cases to the Supreme Court. The inefficiency of the court system extended the appeals process for long periods, in many cases for more than a year.

Procedures for civilian and military courts are similar, but military courts typically reached decisions more quickly. The government does not provide military defendants with attorneys to assist in their defense, although NGOs provided some defendants with attorneys in cases involving serious charges. Military trials generally are open to the public but may be closed for reasons such as national security or when publicity might harm the victim or a third party; for example, cases involving rape or child abuse. Defendants in military courts are entitled to only one appeal.

While many of the above rights were often violated, no rights were systematically denied to persons from specific groups.

POLITICAL PRISONERS AND DETAINEES

No verifiable statistic was available on the number of political prisoners or detainees; an estimate was unavailable due to the government’s suspension of the OHCHR’s activities and refusal to cooperate with or allow the UN COI access to the country. In 2016 the OHCHR estimated there were more than 500 political prisoners or detainees, but independent observers estimated that the number of political prisoners remained in the hundreds. The government denied it held persons for political reasons, citing instead acts against state security, participation in a rebellion, or inciting insurrection. Human rights groups stated that these charges were often a pretext for repressing members of political opposition parties and human rights defenders. Before, during, and after the campaign for the May constitutional referendum, members of opposition parties, particularly FNL-Rwasa, reported numerous instances of their members being detained for political activity. Some of those detained were subsequently released, some charged, and some remained in lengthy pretrial detention. In September 60 prisoners went on a hunger strike in response to a statement by the minister of justice claiming that there were no political prisoners in the country.

The UN COI reported that political opponents were often treated unfairly, they were arrested without warrants, and their rights were routinely violated during both the pretrial and trial stages, particularly through restrictions on access to counsel or obstruction of the work of counsel.

The director of prison affairs said he could not identify political prisoners, as they were incarcerated on charges just like ordinary criminals. In some cases, however, political prisoners were confined in separate cells.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals and organizations may seek civil remedies for human rights violations and may appeal decisions to an international or regional court. In 2016, five civil society organizations that the government closed in October 2016 contested the decision in the East African Court of Justice. As of November the case remained in process. In January the court denied an application by the complainants for a preliminary injunction overruling their closure pending the outcome of the case. In denying the application, the court concluded that the complainants had not demonstrated that their closure caused irreparable damage.

PROPERTY RESTITUTION

In the wake of violence and repression, fear, hunger, insecurity, abuse, and severe economic hardship following the 2015 political crisis and harvest failures in early 2017, more than 400,000 Burundians fled to neighboring states, primarily Tanzania. As of November more than 54,000 had returned primarily from Tanzania through a formal process organized by the office of the UN High Commissioner for Refugees. There were reports that in some instances government officials and private citizens seized land owned or legally occupied by departing refugees since 2015, which complicated the reintegration of some of those who returned during the year. Some returnees also found that their houses were destroyed, either due to natural conditions or to intentional property destruction. In general, however, government officials prevented the occupation of lands belonging to refugees. Government officials cited specific instructions from President Nkurunziza in a 2015 speech to provide for the integrity of refugees’ property.

The National Commission for the Land and Other Properties (CNTB) was established in 2006 to resolve land ownership conflicts, particularly between returning refugees who had fled successive waves of conflict in the country and those who had remained. Land disputes were frequently a source of conflict given small plot sizes and the reliance of the vast majority of citizens on subsistence agriculture, and many government officials and civil society actors considered land conflict to be the top cause of killings in the country. In 2015 the president suspended the implementation of all decisions to expropriate taken by the CNTB due to violence associated with land disputes in Makamba province. The CNTB’s reported practice of generally restoring lands to returning refugees from Burundi’s past conflicts, many of whom were ethnic Hutu, led to accusations of ethnic favoritism. In January 2017 the president lifted the suspension, and the CNTB continued its work to resolve land ownership conflicts.

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

The constitution and law provide for the right to privacy and require search warrants, but authorities did not always respect these rights. The legislature passed into law a revised Criminal Procedures Code, which was officially promulgated in May. The revised law provided for warrantless searches when security services suspect acts of terrorism, fraud, trafficking in persons, illegal possession of weapons, trafficking in or consumption of drugs, or “infractions of a sexual nature.” The law requires that security services provide advance notice to prosecutorial officials but does not require approval. Human rights groups raised concerns that the breadth of exceptions to the warrant requirement and the lack of protections provided for in the law created risks of abuse. They also noted that by law warrants may be issued by a prosecutorial official without reference to a judicial authority, limiting judicial oversight of the decisions of police and prosecutors.

Police, SNR agents, and Imbonerakure members–sometimes acting as mixed security committees–set up roadblocks and searched vehicles for weapons. They conducted search-and-seizure operations throughout the year, with a particularly high number of reported searches in the weeks leading up to the May referendum. During these searches security agents seized weapons and household items they claimed could be used to supply an insurgency, including large cooking pots and mosquito nets. Members of the security forces also sought bribes in many instances, either during searches or in lieu of a search.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of peaceful assembly, but the government severely restricted this right (see section 1.d.). The law requires political parties and large groups to notify the government with details prior to a public meeting and at least four days prior to a proposed demonstration, and allows the government to prohibit meetings or demonstrations for reasons of “public order.” When notified, authorities in most cases denied permission for opposition members to meet or demonstrate and dispersed meetings already underway. By contrast, supporters of the CNDD-FDD and government officials were regularly able to meet and organize demonstrations on short notice; these demonstrations were frequently large and included participation by senior officials.

Freedom of assembly was significantly restricted in the wake of the failed coup attempt in 2015, and these restrictions largely remained in place, with some notable exceptions. Members of the wing of the nonrecognized FNL-Rwasa and the Amizero Y’Abarundi coalition of independents stated that government officials harassed or arrested supporters for holding unauthorized meetings. Other political parties generally reported being unable to hold party meetings or conduct political activities outside Bujumbura, except during the official campaign period before the May referendum. Some opposition party members cited greater leeway, however, to conduct political meetings, such as party conferences than in the preceding three years. In September the FRODEBU-Sahwanya party conducted a congress in Bujumbura followed by a series of meetings in regions around the country; however, the party continued to be unable to conduct public events outside of Bujumbura.

During the official May 1-14 campaign period before the referendum, the Amizero Y’Abarundi coalition of independents led by Rwasa and some other opposition parties conducted large rallies throughout the country to publicize their opposition to, and advocate for votes against, the proposed constitutional changes. The events were widely publicized in media sources, through social media, and online, and there were no apparent constraints on Rwasa’s public discourse, which was critical of the government. There were some reports that individuals attending rallies subsequently faced arrest or harassment by government officials, security services, and members of the Imbonerakure.

Outside of the official campaign period, opposition actors continued to be restricted from conducting most political activities, and members of the Imbonerakure and security services arrested, harassed, and in some cases committed violence against individuals they alleged opposed passage of the referendum. Although government officials stated that restrictions on political speech outside of the campaign period were consistent with the Burundian Electoral Code, no such limitations were applied to government officials and members of the CNDD-FDD party, who between December and May conducted numerous events and media appearances, during which they promoted the referendum and the proposed constitutional changes.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association within the confines of the law, but the government severely restricted this right.

In January 2017 the government enacted a law constricting the liberties of international NGOs. The law includes requirements that international NGOs deposit a portion of their budgets at the Bank of the Republic of Burundi and that they maintain ethnic and gender balances in the recruitment of local personnel. The law contains several clauses that give the government considerable control over NGO selection and programming. In November 2017 an international NGO was instructed to suspend its agricultural programs due to a disagreement with the Ministry of Agriculture and Livestock on program design; in September the NGO was reinstated following lengthy negotiations with the government. In December 2017 another international NGO was expelled for allegedly distributing rotten seeds.

On September 27, the government’s National Security Council announced a three-month suspension of international NGOs as of October 1. On October 2, the minister of the interior clarified that the government was suspending their operations until the NGOs provided documents demonstrating compliance with the country’s NGO and banking laws. The minister required NGOs to submit a copy of their cooperative agreement with the Ministry of Foreign Affairs, a memorandum of understanding with the appropriate technical ministry, a certification of compliance with banking regulations, and a plan to comply with the law’s ethnic and gender balances within three years. He stated that the ministry would review the files of each NGO as soon as it received their submissions, but that NGOs failing to provide documents within three months would be closed. Many organizations viewed the suspension as a politically motivated restriction on civil space. The suspension had an immediate and significant impact on NGO operations, including on the provision of basic services. Some international NGOs were allowed to continue medical and education programs during the suspension. As of mid-November the government had lifted the suspension on 38 NGOs, while the majority were either awaiting response to their compliance documents or still in the process of completing them.

In January 2017 the government also enacted laws governing domestic CSOs. The law requires CSOs to register with the Ministry of the Interior (or with provincial governments if they operate in a single province), a complex process that includes approval for an organization’s activities from the Ministry of the Interior and other ministries depending on their areas of expertise. There is no recourse when authorities deny registration. Registration must be renewed every two years. The law provides for the suspension or permanent closure of organizations for “disturbing public order or harming state security.”

In 2016 the government permanently banned five CSOs that it claimed were part of the political opposition. In 2016 the government announced its intention to ban Ligue Iteka, the country’s oldest human rights organization, for “sow(ing) hate and division among the population following a social media campaign created by the International Federation of Human Rights and Ligue Iteka in which a mock movie trailer accused the president of planning genocide.” The ban took effect in January 2017; Ligue Iteka continued to operate from Uganda and report on conditions in Burundi. At year’s end there were no further reported closings of domestic CSOs.

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 constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but the government severely restricted these rights.

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

In-country Movement: According to several news sources, the government enforced the use of “cahiers de menage,” booklets that listed the residents and domestic workers of each household in some neighborhoods of the capital. In numerous instances police arrested persons during neighborhood searches for not being registered in household booklets. Persons who attempted to cross the border to flee violence and reach refugee camps were sometimes stopped and turned back by police, the SNR, or Imbonerakure members. Stateless persons also faced restrictions on movement, because in addition to lacking identification documents, they may not apply for driver’s licenses and may not travel freely throughout the country.

The government strongly encouraged citizens to participate in community-level work projects every Saturday morning and imposed travel restrictions on citizens from 8:30 a.m. to 10:30 a.m. Authorities required permits for movement outside of one’s community during those hours, and police enforced the restrictions through roadblocks. There were reports that members of the Imbonerakure compelled individuals to engage in community work. Persons could obtain waivers in advance, and persons performing physical exercise were generally considered exempt. Foreign residents were exempt.

During the February 8-17 voter registration period organized by the National Independent Electoral Commission (CENI), government officials, members of the security services, and members of the Imbonerakure pressured citizens to register as voters. In some instances this pressure included denial of freedom of movement to citizens who did not provide proof of registration, including denial of access to market areas. In July, as the government sought what it termed “contributions” from citizens, there were also reports that citizens who did not demonstrate proof of payment faced restrictions on freedom of movement from members of the Imbonerakure and local officials.

Local governments established checkpoints on roads throughout the country on a widespread basis officially for the collection of transit taxes on drivers and passengers; the checkpoints were often manned by police or members of the Imbonerakure. Checkpoints were also established for security purposes. There were frequent allegations that those staffing the checkpoints sought bribes before allowing vehicles to proceed. In some instances members of the Imbonerakure were accused of using the checkpoints to deny free movement to individuals for political reasons, such as failing to demonstrate proof of voter registration or proof of contributions for the funding of elections, for refusal to join the ruling party, or for suspicion of attempting to depart the country in order to seek refugee status.

Foreign Travel: The price of a passport was 235,000 Burundian francs ($133). Authorities required exit visas for foreign nationals who held nonofficial passports and who did not hold multiple-entry visas; these visas cost 48,000 Burundian francs ($28) per month to maintain. The majority of foreign nationals held multiple-entry visas and were no longer subject to this requirement. Stateless persons may not apply for a passport and may not travel outside the country.

INTERNALLY DISPLACED PERSONS (IDPS)

The International Organization for Migration (IOM) counted approximately 151,520 IDPs as of September. According to the IOM, 74 percent were displaced due to natural disasters while 26 percent were displaced for political or social reasons. Some IDPs reported feeling threatened because of their perceived political sympathies. Some IDPs returned to their homes, but the majority remained in IDP sites or relocated to urban centers. The government generally permitted IDPs at identified sites to be included in programs provided by UNHCR, the IOM, and other humanitarian organizations, such as shelter and legal assistance programs.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for providing protection to refugees.

UNHCR estimated 68,748 refugees were in the country as of September, with a further 5,148 in the process of seeking asylum. Of the refugees, approximately 68,200 were Congolese, including arrivals during the year; 4,371 of those in the process of seeking asylum were also Congolese. Continuing violence in the DRC prevented their return. Efforts to resettle Congolese refugees in third countries, begun in 2015, continued.

Employment: The employment of refugees was subject to restrictions. The government is a signatory to the 1951 UN Convention Related to the Status of Refugees and 1967 Protocol on the Status of Refugees, but with a reservation regarding the employment of refugees that meant Burundian nationals had preferred access to employment opportunities. In 2016 the government committed to lifting these reservations, but as of October had not taken steps to do so.

Access to Basic Services: Refugees residing in camps administered by the government and the United Nations and its partners received basic services. The large percentage of refugees residing in urban areas also accessed services, such as education, health care, and other assistance offered by humanitarian organizations.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees and provided it to approximately 4,400 persons during the year. These individuals were primarily Congolese who crossed into the country from Lake Tanganyika in order to avoid fighting on the Fizi peninsula in January and did not subsequently seek refugee status but returned to the DRC during the year.

STATELESS PERSONS

According to UNHCR an estimated 974 persons at risk of statelessness lived in the country. All were from Oman, were awaiting proof of citizenship from the government of Oman, and had lived in Burundi for decades. Most of those who remained at risk of statelessness had refused an offer of Burundian citizenship from the government if they could not get Omani citizenship. Stateless persons face limited freedom of movement because they were ineligible for driver’s licenses and passports.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The country held legislative, communal, and presidential elections during 2015, but the international community and independent domestic organizations widely condemned the process as deeply flawed. Several progovernment CSOs observed and validated the elections. The UN Electoral Mission in Burundi was the sole international observer of the voting; the African Union (AU) and the EU declined to participate in the process. Intimidation, threats, and bureaucratic hurdles colored the campaigning and voting period, resulting in low voter turnout and a boycott by most opposition parties.

In December 2017 the government announced a referendum campaign for several constitutional amendments and repressed opposition activity related to the amendments. On May 17, the referendum took place. During the months leading up to the referendum, there were widespread instances of harassment, intimidation, threatening rhetoric, and some violence against real or perceived opponents of the amendments. There were widespread reports that citizens were forced to register as voters during the February voter registration period and make financial contributions to preparations for 2020 elections, including through acts of violence and denial of basic services. The vote itself was largely peaceful but opposition parties charged irregularities including the expulsion of accredited monitors from voting stations and during the vote tabulation process. The Constitutional Court rejected an appeal by the Amizero Y’Abarundi coalition of independents to contest the results provided by the CENI. No country or international organization officially observed the referendum, but a range of CSOs mostly representing progovernment viewpoints did observe the elections.

Elections and Political Participation

Recent Elections: During 2015 the government held four separate elections, including for communal councils and the National Assembly (June), president (July), the Senate (July), and village councils (August). Citing their inability to campaign fairly and freely, most opposition parties called on their adherents to boycott the elections. The CNDD-FDD won absolute majorities in the National Assembly and Senate.

The EU’s election observation mission reported that sufficient conditions for credible elections were not met. The AU also declined to send observers because the conditions were not conducive to credible, transparent, free, and fair elections. According to the International Crisis Group, CENI and the Ministry of the Interior created bureaucratic obstacles to opposition parties, including failing to recognize party leadership, refusing to permit legal party meetings, and favoring CNDD-FDD loyalists for positions on provincial and communal election committees.

In December 2017 President Nkurunziza announced a referendum to amend the constitution. During the speech he warned that opposition to holding the referendum was a “red line,” while stating that opponents of the constitutional changes would be able to make their case. Several government and ruling party officials subsequently made statements threatening individuals opposed to the referendum. In a December 2017 speech in Cibitoke province, Sylvestre Ndayizeye, a senior leader of the Imbonerakure, reportedly called on his colleagues to “identify and subdue” those who opposed the campaign. In April a video circulated on social media networks of a CNDD-FDD party official in Muyinga province, Melchiade Nzopfabarushe, threatening to kill opponents of the referendum and dispose of their bodies in Lake Tanganyika. Nzopfabarushe was arrested, charged with making violent threats and threats to state security, convicted, and sentenced to three years in prison on April 30. In June, following the referendum, his sentence was reduced on appeal and he was released from prison. Human rights activists reported other instances of party or government officials using violent rhetoric with no apparent repercussions.

There were numerous reports of members of the security services and the Imbonerakure arbitrarily arresting, harassing, or committing violence against individuals suspected of campaigning against the referendum, including supporters of opposition parties. In May HRW issued a report that documented human rights violations that targeted individuals who refused to contribute funds to finance the referendum vote and the 2020 elections or for not belonging to the ruling party. HRW stated that impunity for these acts was widespread and encouraged further abuse. The number of arrests of opposition members increased significantly in the months preceding the vote, although in many cases those arrested were released shortly thereafter.

In 2017 the government began a campaign to generate citizen contributions to a fund for elections, with the intention of domestically financing future elections. In December 2017 the government released a decree formalizing the campaign, under which amounts were to be automatically deducted from the salaries of civil servants. Deductions began in January. The decree specified that contributions from other citizens were to be voluntary but identified recommended contribution levels for salaried employees and for farmers. Beginning in July 2017, however, and increasing significantly following an announcement by the minister of the interior in June of relaunching efforts to generate contributions from citizens, government officials and members of the Imbonerakure pressured citizens to donate. There were reports of violence, harassment, intimidation, arbitrary arrests, and denial of freedom of movement of citizens who failed to demonstrate proof of payment.

There were widespread reports of compulsion for citizens to participate in the February 8-17 voter registration period, during which voters registered for both the referendum and 2020 elections. Members of the security services, local officials, and members of the Imbonerakure allegedly committed acts of violence, denied basic services, and denied of freedom of movement to citizens who could not demonstrate proof of registration. This included the arrest, alleged torture, and death of Simon Bizimana (see section 1.a). Members of the Imbonerakure closed a market in Makamba commune on February 12 and Rumonge commune on February 13, in each instance forcing vendors and customers to demonstrate proof of voter registration before being allowed to conduct business. There were numerous reports of school administrators threatening discipline against secondary school students who would be of voting age either for the referendum or by 2020 and who failed to register.

Political Parties and Political Participation: According to the law, to qualify for public campaign funding and compete in the legislative and presidential elections, parties needed to be “nationally based,” i.e. ethnically and regionally diverse, and demonstrate in writing they were organized and had membership in all provinces. The Ministry of the Interior recognized 32 political parties. Other de facto parties–including the FNL-Rwasa and Union for National Progress, led by Evariste Ngayimpenda–were officially unrecognized. These two unrecognized parties worked together in the form of a coalition of independent candidates called Amizero Y’Abarundi, which held 22 of the 121 seats in the National Assembly and five of the 21 seats on the Council of Ministers due to power-sharing provisions in the 2005 constitution. The revised constitution promulgated in June officially banned such coalitions and included other constraints on independent candidates for future elections, although Amizero Y’Abarundi continued to function and maintained its legislative and ministerial positions. As a result of this change, on September 14, Amizero Y’Abarundi leader Agathon Rwasa announced that he was seeking official accreditation for a new political party, the National Front for Liberty-Amizero Y’Abarundi. On November 8, the Ministry of the Interior responded with a letter stating that the proposed party acronym and insignia were too similar to those of an existing registered party, violating the law on political parties. On November 12, Rwasa filed an updated application; according to the 2011 law regulating political parties, the government was required to respond within two months.

Other parties, such as the Union for Peace and Development, were recognized by the Ministry of the Interior but were unable to operate due to intimidation and suppression by the government. In April 2017 the minister of the interior suspended the MSD. In August 2017 the minister filed a motion with the Supreme Court to ban the MSD permanently, accusing the party of support for acts of violence and creating a paramilitary wing in violation of the law on political party activities. The president of the MSD, Alexis Sinduhije, was associated with the armed opposition group Resistance for a State of Law in Burundi (RED-Tabara) and was captured on video advocating violence against the government. As of October the case remained pending without an official ruling from the court. The government issued arrest warrants for some members of the opposition group National Council for the Respect of the Arusha Accord and the Rule of Law, whom it accused of participation in the 2015 failed coup.

Ministry of the Interior interference in opposition party leadership and management contributed significantly to the weak and fractured nature of opposition parties. The government stated that the law allows only legally constituted political parties, coalitions of political parties, and independent candidates to run for office and that unrecognized leaders of parties and political actors not associated with a party could play no role in the political process. Two nonrecognized parties were able to compete with constraints through the Amizero Y’Abarundi coalition of independents. Other parties not recognized by the government, however, were largely unable to conduct political activities. The constitution’s ban on coalitions for independents further constrained the options of nonrecognized parties and risked disenfranchising them.

The constitution also included measures increasing restrictions on independent candidates, including a measure that prevented individuals from running as independents if they claimed membership in a political party within the previous year or if they had occupied a leadership position in a political party within the previous two years. The constitution also provided that independent candidates for the National Assembly must receive at least 40 percent of the vote in their district in order to be elected, a standard that did not apply to candidates representing political parties.

The new constitution removed provisions included in the 2005 constitution and the 2000 Arusha Agreement on Peace and Reconciliation that provided for representation in the Council of Ministers on a proportional basis for political parties or coalitions of independents that received at least 5 percent of the national vote in legislative elections. These provisions were intended to facilitate consensus-based decision making in the aftermath of the country’s 1993-2005 civil war. The revised constitution replaces one of the two vice president positions with a prime minister who has more authority than does a vice president. Under the constitution, the president has the authority to name a vice president who must be of a different ethnicity and party, a prime minister, and cabinet ministers. Whereas the previous vice president positions oversaw different ministerial portfolios, all ministers would report to the prime minister under the constitution while the vice president position would have more limited authority. As of November the revised executive structure had not been implemented, and government officials stated that it would be put in place following the elections in 2020.

Individuals often needed membership in, or perceived loyalty to, a registered political party to obtain or retain employment in the civil service and the benefits that accrued from such positions, such as transportation allowances, free housing, electricity, water, exemption from personal income taxes, and interest-free loans. During the year there were reports of individuals facing harassment, arbitrary arrest, and violence, including torture and killings, for refusing to join the CNDD-FDD at the hands of members of the Imbonerakure, government officials, or other ruling party supporters. These reports, along with the pressure placed on citizens to register as voters or to provide contributions for elections, led some observers to suggest that the space for citizens to support an opposition party or be apolitical was diminishing, constituting an impingement on freedom of expression and association.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and women and minorities did participate.

The constitution reserves 30 percent of positions in the National Assembly, Senate, and Council of Ministers for women, and government institutions hired persons after the elections to meet gender, as well as ethnic, quota requirements. The 2017 international NGO law extended this quota to NGO employment as well. Women were not well represented in political parties and held very few leadership positions. Some observers believed that traditional and cultural factors kept women from participating in politics on an equal basis with men.

The constitution provides for representation in all elected and appointed government positions for the two largest ethnic groups. The Hutu majority is entitled to no more than 60 percent of government positions and the Tutsi minority to no less than 40 percent. The law designates three seats in each chamber of parliament for the Twa ethnic group, which makes up approximately 1 percent of the population.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, yet corruption remained a very serious problem. The government did not fully implement the law, and some high-level government officials engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. The constitution provides for the creation of a High Court of Justice to review accusations of serious crimes against high-ranking government officials. The anticorruption law applies to all other citizens, but no high-ranking person has stood trial for corruption.

Corruption: The public widely viewed police to be corrupt, and petty corruption involving police was commonplace. There were also allegations of corruption in the government, including incidents related to lack of transparency of budget revenue related to gasoline importation; to the management of public tenders and contracts, including in the health sector; and to the distribution of the country’s limited foreign currency reserves to finance imports. The Burundian Revenue Office (OBR) has an internal antifraud unit, but observers accused OBR officials of fraud.

The state inspector general and the Anticorruption Brigade, which reported to the Minister in Charge of Good Governance in the Office of the President, were responsible for investigating government corruption. There is also a designated anticorruption general prosecutor and an anticorruption court. The Anticorruption Brigade has the authority to investigate, arrest, and refer offenders to the anticorruption general prosecutor.

In view of the lengthy backlog of cases in the Anticorruption Court and the difficulty of obtaining convictions, the Anticorruption Brigade often resorted to enforcing the law through out-of-court settlements in which the government agreed not to prosecute if the offending official agreed to reimburse the money stolen.

Financial Disclosure: The law requires financial disclosure by elected officials and senior appointed officials once every five years, but it does not require public disclosure. The Supreme Court receives the financial disclosures. By law the president, two vice presidents, and cabinet ministers are obligated to disclose assets upon taking office, but the nonpublic nature of the disclosure means compliance with this provision could not be confirmed. No other officials are required to disclose assets.

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

Domestic and international human rights groups struggled to operate in the face of governmental restrictions, harassment, and repression. In January 2017 the government enacted laws governing domestic CSOs that made it difficult for many organizations to conduct their work. The law required registration of CSOs with the Ministry of the Interior, a complex process that includes approval for an organization’s activities from the ministry and other ministries depending on their areas of expertise. Registration must be renewed every two years, and there was no recourse in cases where registration was denied. The law provides for the suspension or permanent closure of organizations for “disturbing public order or harming state security,” which was broadly interpreted.

Many human rights defenders who had fled the country in 2015 remained outside the country at year’s end. Those who remained in the country were subjected to threats, intimidation, and arrest. The cases of Germain Rukuki, Nestor Nibitanga, and three members of PARCEM, who were convicted and sentenced to jail during the year, were emblematic of the judicial threats faced by human rights monitors from both recognized and nonrecognized organizations.

In October 2016 the government banned five CSOs led by opponents to the president having a third term and in January 2017 banned Ligue Iteka. Ligue Iteka and other organizations without official recognition continued to monitor the human rights situation. Members of both recognized and nonrecognized organizations reported being subjected to harassment and intimidation and took measures to protect the identities of their employees and their sources.

The United Nations or Other International Bodies: On December 5, the government requested that the OHCHR close its office in Burundi, abrogating the 1995 memorandum of understanding under which the OHCHR worked in the country. The government cited the existence of national institutions as evidence that the OHCHR office was no longer necessary. The OHCHR began preparations for closing the office. The government had suspended cooperation with the office in October 2016 in response to UNIIB’s report that found “reasonable grounds to believe” security forces and Imbonerakure had established multiple detention facilities that were unacknowledged by the prosecutor general, and included allegations that senior leaders were personally complicit in human rights violations. Although the OHCHR maintained its office, it reduced personnel in country. The OHCHR’s monitoring activities were curtailed substantially and its access to government institutions was limited. In September 2017, days before a separate UN body presented a final report on Burundi to the Human Rights Council in Geneva, a group of armed men broke into and began to search the OHCHR’s offices in Bujumbura before departing after a security guard activated an alarm. According to the OHCHR, the men did not take any confidential or otherwise valuable information. The government initially denied the attacks occurred and then announced a police investigation, which had not produced any public results as of December.

The UN Human Rights Council created the three-member UN COI in 2016 to investigate human rights violations since 2015; its mandate was renewed in September 2017 and again in September. The government refused to allow commission members to enter the country following the publication of the 2016 UNIIB report, and did not respond substantively to any requests for information from the commission. In September the commission delivered its annual report, finding there was reason to believe that grave violations of human rights and crimes against humanity continued to be committed in the country, including extrajudicial killings, systematic torture, sexual violence, and political persecution. The UN COI reported these violations were primarily attributable to state officials at the highest level and to senior officials and members of the SNR, police, BNDF, and Imbonerakure. Government officials dismissed the allegations, claimed that the report was “defamatory,” accused the members of the COI of serving foreign interests to undermine the country’s sovereignty, and threatened to file defamation charges against them. In October the country’s ambassador to the United Nations engaged in an ad hominem attack on the chair of the Commission, comparing him to a participant in the slave trade. The Ministry of Foreign Affairs declared the commission members, who had never had access to the country, persona non grata. Following the release of the report, government officials and CNDD-FDD leaders organized nonviolent protests criticizing Western countries, the United Nations, and commission members, during which participants chanted slogans condemning the COI members.

In September 2017 the Human Rights Council voted to request that the OHCHR send a team of three experts to Burundi for a technical assistance mission, with unclear terms of reference. In March the OHCHR identified a four-person team composed of officials recruited from other UN agencies with expertise on technical assistance in governance and the rule of law. The government granted visas for the experts and all but one member of the team traveled to Bujumbura, where they began preparing to conduct their mission. On April 19, however, the Ministry of Foreign Affairs informed the OHCHR mission that long-term visas for the experts had been cancelled and instructed them to depart the country. The government gave no reason for the decision.

In 2016 the AU announced it would send 100 human rights monitors and 100 military monitors to the country and stated that the Burundian president supported the deployment. Approximately 40 human rights monitors and eight military monitors deployed in 2016 remained in the country until September, when the number was reduced due to a gap in financing. In November the AU Peace and Security Council voted to extend the mission with reduced staffing levels. According to the AU, the monitors were limited in what they could do because the government had yet to agree on a memorandum of understanding for the monitors. The monitors advocated to the government for improvements on human rights and rule of law issues, with particular regard to the cases of jailed human rights defenders, including Germain Rukuki and Nestor Nibitanga; attended court proceedings in sensitive cases; and conducted prison visits. Although no memorandum of understanding on their status in the country was concluded with the government as of September, the monitors had free access to the country. The government did not grant permission for the rest of the monitors to enter the country.

Government Human Rights Bodies: Parties to the Arusha Peace and Reconciliation Agreement of 2000 committed to the establishment of an international criminal tribunal, which had yet to be implemented, and a national Truth and Reconciliation Commission (TRC), which was passed into law in April 2014. In 2014 parliament appointed 11 commissioners in a vote boycotted by the opposition. In November the parliament approved a law that extended the TRC’s term for four years, subject to renewal, and expanded the previous 1962-2008 temporal mandate as far back as 1885 and instructed the commission to consider “the role of the colonizer in cyclical violence” in Burundi. The law expanded the commission to 13 members; on November 22, new commissioners were appointed. Between becoming operational in 2016 and November, the TRC has gathered testimony and conducted outreach activities under its mandate to investigate and establish the truth regarding serious human rights and international humanitarian law violations committed in the country. The TRC is also mandated to establish individual responsibilities and those of state institutions, individuals, and private groups.

By September the TRC deployed teams to gather depositions in every province and created an online deposition form, collecting more than 60,000 testimonies. Based on testimony, the commission provisionally identified thousands of mass graves of varying size throughout the country dating from the time of its mandate, as well as numerous allegations of killings, torture, sexual and gender-based violence, and violations of due process rights. The TRC also conducted archival research, with open access to the archives of most state institutions except those of the SNR. Following the conclusion of the formal testimony-gathering phase, the TRC conducted a series of workshops to consider questions of legal analysis and historiography as it prepared for the drafting of its reports and for public events featuring witness testimony regarding abuses as well as exemplary stories of courage. Some CSOs and opposition political figures raised concerns that, given ongoing human rights violations, political tensions, a climate of fear and intimidation, fears of retribution for testimony, and restrictions on freedom of expression, conditions were not conducive for an impartial or effective transitional justice process. CSOs cited concerns that the participation of ruling party members in deposition gathering teams could reduce the willingness of some Burundians to testify or share fully their stories. The TRC sought to limit such risks by creating balanced teams and excluding potential members subject to derogatory allegations. The operating environment did not change during the year.

A lack of funding and qualified experts adversely affected the TRC’s ability to operate. Some of the TRC commissioners were perceived by some CSOs as representing the interests of the ruling party and therefore not impartial. The 2014 law creating the TRC provided for the appointment of an advisory board of eminent international persons, but none was appointed; the 2018 law eliminated the advisory board while stating that the commission could seek advice from international experts.

Ombudsman Edouard Nduwimana’s mandate included monitoring prison conditions and encouraging interreligious dialogue. During the year he also focused on dialogue with opposition political parties both inside and outside the country.

The CNIDH, a quasigovernmental body charged with investigating human rights abuses, exercised its power to summon senior officials, demand information, and order corrective action. In 2016 the Global Alliance of National Human Rights Institutions (GANHRI) provisionally downgraded CNIDH’s accreditation due to concerns regarding its independence. In February GANHRI confirmed its decision, suspending CNIDH’s right to participate fully in global meetings with counterparts. The CNIDH, which also monitored the government’s progress on human rights investigations, did not regularly release its findings to the public.

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

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, with penalties of up to 30 years’ imprisonment. The law prohibits domestic abuse of a spouse, with punishment if convicted ranging from fines to three to five years’ imprisonment. The government did not enforce the law uniformly, and rape and other domestic and sexual violence continued to be serious problems.

In 2016 the government adopted a law that provides for the creation of a special gender-based crimes court, makes gender-based violence crimes unpardonable, and provides stricter punishment for police officers and judges who conceal violent crimes against women and girls. As of October the special court had not been created, and no police or judges had been prosecuted under the law.

The Unit for the Protection of Minors and Morals in the National Police is responsible for investigating cases of sexual violence and rape, as well as those involving the trafficking of girls and women. The government, with financial support from international NGOs and the United Nations, continued civic awareness training throughout the country on domestic and gender-based violence and on the role of police assistance. Those trained included police, local administrators, and grassroots community organizers. The government-operated Humura Center in Gitega provided a full range of services, including legal, medical, and psychosocial services, to survivors of domestic and sexual violence. As of early September, the center had received 627 cases of sexual and gender-based violence and domestic violence.

The 2018 UN COI report stated that officials and members of the Imbonerakure were responsible for cases of sexual violence, including cases in which women were targeted because they or relatives were supporters of the political opposition. Credible observers stated many women were reluctant to report rape, in part due to fear of reprisal or social stigma.

Sexual Harassment: The law prohibits sexual harassment, including the use of threats of physical violence or psychological pressure to obtain sexual favors. Punishment for conviction of sexual harassment may range from a fine to a prison sentence of one month to two years. The sentence for sexual harassment doubles if the victim is younger than 18. The government did not actively enforce the law. There were reports of sexual harassment but no data on its frequency or extent.

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

Discrimination: The law provides for equal status for women and men, including under family, labor, property, nationality, and inheritance laws. Women continued to face legal, economic, and societal discrimination, including with regard to inheritance and marital property laws.

By law women must receive the same pay as men for the same work, but they did not (see section 7.d.). Some employers suspended the salaries of women on maternity leave, and others refused medical coverage to married female employees. The government provided only limited resources to enforce labor laws in general and did not enforce antidiscrimination laws effectively.

On June 26, the minister of education released a guidance letter stating that female primary and secondary school students who became pregnant or were married during the course of their studies would not be allowed to reintegrate into the formal education system, but could pursue vocational training. This provision also applied to male students believed to have had sexual intercourse leading to pregnancy, but did not affect married male students. Prior to this guidance, female students who became pregnant were required to seek the permission of the Ministry of Education to re-enter school and then transfer to a different school, leading to high dropout rates; male students were not subject to this requirement. On July 27, the minister revoked the guidance and announced the establishment of a committee to facilitate the reintegration of students, including pregnant students, who “face any challenges during the academic year.” As of September the committee was in the process of determining its terms of reference.

In May 2017 President Nkurunziza signed into law regulations requiring unmarried couples to legalize their relationships through church or state registrations. The Ministry of the Interior subsequently announced that couples who did not marry before the end of 2017 could face fines of 50,000 francs ($29), based on the provisions of the criminal code against unmarried cohabitation and that children born out of wedlock would not be eligible for waivers on primary school fees and other social services. The campaign was subsequently extended into 2018, and there were no reports of the threatened consequences being implemented. Government officials continued campaigns during the year to implement the president’s decree.

Children

Birth Registration: The constitution states that citizenship derives from the parents. The government registers, without charge, the births of all children if registered within a few days of birth and an unregistered child may not have access to some public services. For additional information, see Appendix C.

Education: Education is tuition-free, compulsory, and universal through the primary level, but students are responsible for paying for books and uniforms. Secondary students must pay tuition fees of 12,000 Burundian francs ($6.75) per quarter; secondary school is not compulsory. Throughout the country provincial officials charged parents informal fees for schooling at all levels.

Child Abuse: The law prohibits violence against or abuse of children, with punishment ranging from fines to three to five years’ imprisonment, but child abuse was a widespread problem. The penalty for conviction of rape of a minor is 10 to 30 years’ imprisonment.

The traditional practice of removing a newborn child’s uvula (the flesh that hangs down at the rear of the mouth) continued to cause numerous infections and deaths of infants.

Early and Forced Marriage: The legal age for marriage is 18 for girls and 21 for boys. Forced marriages are illegal and were rare, although they reportedly occurred in southern, more heavily Muslim, areas. The Ministry of the Interior continued an effort to convince imams not to officiate over illegal marriages. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age for consensual sex is 18. The penalty for conviction of commercial sexual exploitation of children is 10 to 15 years in prison and a fine of between 500,000 and 2,000,000 Burundian francs ($283 and $1,130). The law punishes conviction of child pornography by fines and three to five years in prison. There were no prosecutions during the year.

Women and girls were smuggled to other countries in Africa and the Middle East, sometimes using falsified documents, putting them at high risk of exploitation.

Displaced Children: Thousands of children lived on the streets throughout the country, some of them HIV/AIDS orphans. The government provided street children with minimal educational support and relied on NGOs for basic services, such as medical care and economic support. Independent Observers reported that children living on the streets faced brutality and theft by police and judged that police were more violent toward them during the 2015 political unrest than previously. A government campaign to “clean the streets” by ending vagrancy and unlicensed commerce, begun in 2016, resulted in the detention of hundreds of persons living or working on the streets. The Council of Ministers approved a roadmap in 2017 for ending vagrancy that would require the return of detained children and adults to their communes of origin; as of October this provision was not implemented. The government established a goal of having no children or adults living on the streets by the end of 2017, but did not meet the goal. Arbitrary arrests and detentions of persons including children living on the streets continued.

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

No estimate was available on the size of the Jewish community. 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 constitution prohibits discrimination against persons with disabilities, but the government did not promote or protect the rights of persons with disabilities. Although persons with disabilities are eligible for free health care through social programs targeting vulnerable groups, authorities did not widely publicize or provide benefits. Employers often required job applicants to present a health certificate from the Ministry of Public Health stating they did not have a contagious disease and were fit to work, a practice that sometimes resulted in discrimination against persons with disabilities.

No legislation mandates access to buildings, information, or government services for persons with disabilities. The government supported a center for physical therapy in Gitega and a center for social and professional inclusion in Ngozi for persons with physical disabilities.

Indigenous People

The Twa, the original hunter-gatherer inhabitants of the country, numbered an estimated 80,000, or approximately 1 percent of the population, according to the OHCHR. They generally remained economically, politically, and socially marginalized. By law local administrations must provide free schoolbooks and health care for all Twa children. Local administrations largely fulfilled these requirements. The constitution provides for three appointed seats for Twa in each of the houses of parliament, and Twa parliamentarians (including one woman) hold seats.

In June a representative of a Twa rights organization stated in the newspaper Iwacu that several Twa had been victims of vigilante killings during the year after being accused, justly or unjustly, of crimes by other citizens. Although the organization did not suggest complicity by government authorities or security services, the representative stated that some local officials had questioned the need for investigating the killings since the victims were accused of criminal acts.

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

In 2009 consensual same-sex conduct was criminalized. Article 567 of the penal code penalizes consensual same-sex sexual relations by adults with up to two years in prison if convicted. There were no reports of prosecution for same-sex sexual acts during the year. There were cases, however, of harassment, intimidation, arbitrary arrests, and demands for bribes by police officers and members of the Imbonerakure targeting lesbian, gay, bisexual, transgender, and intersex individuals.

The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care, and societal discrimination against LGBTI persons was common.

Other Societal Violence or Discrimination

Criminals sometimes killed persons with albinism, particularly children, for their body parts to be used for ritual purposes. Most perpetrators were reportedly citizens of other countries who came to kill and then departed the country with the body parts, impeding government efforts to arrest them. According to the Albino Women’s Hope Association chairperson, society did not accept persons with albinism, and they were often unemployed and isolated. Women with albinism often were “chased out by their families because they are considered as evil beings.”

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions. A union must have at least 50 members. There is no minimum size for a company to be unionized. The minister of labor has the authority to designate the most representative trade union in each sector. Most civil servants may unionize, but their unions must register with the Ministry of Civil Service, Labor, and Social Security (Labor Ministry), which has the authority to deny registration. Police, the armed forces, magistrates, and foreigners working in the public sector may not form or join unions. Workers younger than age of 18 must have the consent of their parents or guardians to join a union.

The law provides workers with a conditional right to strike after meeting strict conditions; it bans solidarity strikes. The parties must exhaust all other means of resolution (dialogue, conciliation, and arbitration) prior to a strike. Intending strikers must represent a majority of workers and give six days’ notice to the employer and the Labor Ministry, and negotiations mediated by a mutually agreed party or by the government must continue during the action. The ministry must determine whether the sides have met strike conditions, giving it, in effect, veto power over strikes. The law permits requisition of essential employees in the event of strike action. The law prohibits retribution against workers participating in a legal strike.

The law recognizes the right to collective bargaining, excluding measures regarding public sector wages, which are set according to fixed scales following consultation with unions. If negotiations result in deadlock, the labor minister may impose arbitration and approve or revise any agreement. There are no laws that compel an employer to engage in collective bargaining. The law prohibits antiunion discrimination. The law allows termination of workers engaged in an illegal strike and does not specifically provide for reinstatement of workers dismissed for union activity.

The government did not effectively enforce applicable laws. Resources for inspection and remediation were inadequate, and penalties were insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

The government placed excessive restrictions on freedom of association and the right to collective bargaining and sometimes interfered in union activities. In the wake of participation by union members in antigovernment demonstrations in 2015, unions were subject to similar pressures and restrictions as other elements of civil society. These measures led to a significant reduction in union activism.

Most unions were public-employee unions, and virtually no private sector workers were unionized. Since most salaried workers were civil servants, government entities were involved in almost every phase of labor negotiations. The principal trade union confederations represented labor interests in collective bargaining negotiations, in cooperation with individual labor unions.

Most laborers worked in the unregulated informal economy and were not protected. According to the Confederation of Burundian Labor Unions, virtually no informal sector workers had written employment contracts.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children. The penalty for conviction of forced labor trafficking is between five and 10 years’ imprisonment. The government did not effectively enforce applicable laws. Resources for inspections and remediation were inadequate, and the penal code did not specify penalties. Workplace inspectors had authority to impose fines at their own discretion, but there were no reports of prosecutions or convictions.

Children and young adults were coerced into forced labor on plantations or small farms in the south, small-scale menial labor in mines, carrying river stones for construction in Bujumbura, or engaging in informal commerce in the streets of larger cities (see section 7.c.).

The government encouraged citizens to participate in community work each Saturday morning from 8:30 a.m. to 10:30 a.m. Governors of various provinces sporadically fined residents who failed to participate, and members of the Imbonerakure or police sometimes harassed or intimidated individuals who did not participate.

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 worst forms of child labor, but does not generally apply to children working outside of formal employment relationships. The law states that enterprises may not employ children younger than 16, with exceptions permitted by the Labor Ministry. These exceptions include light work or apprenticeships that do not damage children’s health, interfere with their normal development, or prejudice their schooling. The minister of labor permitted children who were 12 years old and above to be employed in “light labor,” such as selling newspapers, herding cattle, or preparing food. The legal minimum age for most types of “nondangerous” labor varies between ages 16 and 18. The law prohibits children from working at night and limits them to 40 hours’ work per week. The law makes no distinction between the formal and informal sectors.

The Ministry of Labor is responsible for the enforcement of laws on child labor and had many instruments for this purpose, including criminal sanctions, fines, and court orders. The ministry, however, did not effectively enforce the law, primarily due to a dearth of inspectors and inadequate resources, such as insufficient fuel for vehicles. As a result the ministry enforced the law only when a complaint was filed. Fines were not sufficient to deter violations. During the year authorities did not report any cases of child labor in the formal sector, nor did they conduct surveys on child labor in the informal sector.

In rural areas children younger than age 16, often responsible for contributing to their families and their own subsistence, were regularly employed in heavy manual labor during the day, including during the school year, especially in agriculture. Children working in agriculture could be forced to carry heavy loads and use machines and tools that could be dangerous. They also herded cattle and goats, which exposed them to harsh weather conditions and forced them to work with large or dangerous animals. Many children worked in the informal sector, such as in family businesses, selling in the streets, and working in small local brickworks. There were instances of children being employed as beggars, including forced begging by children with disabilities.

In urban areas child domestic servants were often isolated from the public. Some were only housed and fed instead of being paid for their work. Some employers who did not pay the salaries of children they employed as domestic servants accused them of stealing, and children were sometimes imprisoned on false charges. Child domestic workers could be forced to work long hours, some employers exploited them sexually, and girls were disproportionately impacted.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

The constitution recognizes workers’ right to equal pay for equal work. The constitution does not specifically prohibit discrimination against a particular group but rather provides for equal rights. Authorities reported no violations concerning discrimination. Much of the country’s economic activity took place in the informal sector, where protection was generally not provided. Some persons claimed membership in the ruling party was a prerequisite for formal employment in the public and private sectors. Members of the Twa ethnic minority, who in many cases lacked official documentation, were often excluded from opportunities in the formal economy. Women were excluded from some jobs, and in October a government decree prohibited women from participating in traditional drumming groups. Persons with albinism reportedly experienced discrimination in employment.

e. Acceptable Conditions of Work

There are official minimum wages established by a 1988 decree of 160 Burundian francs per day ($0.09) in urban areas and 105 francs per day ($0.06) in rural areas. These rates were not consistent with labor market realities and were not enforced; somewhat higher minimum wages prevailed. In Bujumbura the informal minimum wage for unskilled workers was approximately 3,000 Burundian francs ($1.70) per day, less than the World Bank’s international poverty rate of $1.90. In rural areas the informal daily minimum wage was 2,000 Burundian francs ($1.13) plus lunch. According to the World Bank, 73 percent of the population lived below the poverty line. More than 90 percent of the working population worked in the informal economy; minimum wage law did not apply to the informal sector, where wages were typically based on negotiation and reflected prevailing average wages.

The labor code limited working hours to eight hours per day and 40 hours per week, but there are many exceptions, including national security, guarding residential areas, and road transport. Security companies received guidance from the Labor Ministry allowing workweeks of 72 hours for security guards, not including training. A surcharge of 35 percent for the first two hours and 60 percent thereafter must be paid for those workers eligible for paid overtime. Workers are supposed to receive 200 percent of their base salary for working weekends and holidays, but only become eligible for this supplement after a year of service. There is no legislation on mandatory overtime. Breaks include 30 minutes for lunch as a generally observed practice, but there is no legal obligation. Foreign or migrant workers are subject to the same conditions and laws as citizens.

The labor code establishes appropriate occupational safety and health standards for the workplace. Many buildings under construction in Bujumbura, however, had workforces without proper protective equipment, such as closed-toe shoes, and scaffolding built of wooden poles of irregular length and width.

The Labor Inspectorate in the Ministry of Labor is responsible for enforcing the laws on minimum wages and working hours as well as safety standards and worker health regulations. The government did not effectively enforce the law. The number of labor inspectors was insufficient to enforce compliance, and penalties were insufficient to deter violations.

Although workplaces rarely met safety standards or protected the health of workers sufficiently, there were no official investigations, no cases of employers reported for violating safety standards, and no complaint reports filed with the Labor Inspectorate during the year. There were no data on deaths in the workplace. Workers were allowed to leave the work site in case of imminent danger without fear of sanctions.

Cabo Verde

Executive Summary

The Republic of Cabo Verde is a parliamentary representative democratic republic, largely modeled on the Portuguese system. Constitutional powers are shared between the head of state, President Jorge Carlos Fonseca, and head of government, Prime Minister Ulisses Correia e Silva. The Supreme Court, the National Electoral Commission, and international observers declared the 2016 nationwide legislative, presidential, and municipal elections generally free and fair.

Civilian authorities generally maintained effective control over security forces.

Human rights issues included harsh and potentially life-threatening prison conditions; and failure to protect children from violence and work in precarious conditions.

The government took steps to investigate and prosecute officials who committed human rights abuses. Impunity occurred in a few cases.

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

b. Disappearance

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

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

The constitution and law prohibit such practices. Media, however, reported instances of physical violence. The most common types of abuses were excessive force and aggression against persons arrested and detained by police and against prisoners by prison agents. In most cases the National Police Council took action against abusers. The National Commission for Human Rights and Citizenship (CNDHC) followed up with the National Police when it received information about abuses perpetrated by police agents. In the first quarter of 2017, 23 cases of abuse were registered, a significant increase over the first eight months of 2016.

Prisoners complained of cruel, inhuman, or degrading treatment or punishment. In all prisons authorities isolated newcomers in small, cramped cells for up to 30 days. This isolation was intended to allow new inmates time to adjust and to determine if they had communicable diseases. Inmates in isolation had limited access to visitors and prison activities. The isolation cells were small, dark, not well ventilated, unfurnished, and crowded. Similar cells were used for punishment. Additionally, prisoners complained of dehumanizing conditions resulting from poor infrastructure, in particular lack of sanitation.

Prison and Detention Center Conditions

Prison conditions were harsh and potentially life threatening due to gross overcrowding, inadequate housing, and health and sanitation conditions.

Physical Conditions: There were five prisons in the country; three of the five had populations that substantially exceeded capacity (indicated in parentheses). The Central Prison of Praia (CCP) had 1,054 inmates (880), the Central Prison of Sao Vicente 263 (180), and the regional prisons of Santo Antao 26 (50), Sal 143 (250), and Fogo 63 (50). The Orlando Pantera Center housed juvenile detainees who were under age 16 at time of sentencing. The regional prison on Fogo did not have external walls, although the Directorate General for Prison Systems began a large-scale infrastructure project on the Fogo prison to include external walls. External walls were added to the prison on Sal during the year. Several of the prisons did not have reliable electricity. The regional prison on Sal had no access to an electric grid or piped water; it ran a generator at night, and water was brought in trucks. The kitchen at the prison was completed during the year, but the armed forces continued to prepare and deliver food for prisoners. Isolation cells in the older prisons, specifically those on Fogo and Santo Antao, were cramped, crowded, unfurnished, lacked sanitary facilities (toilets, sinks, and showers, and adequate drainage) and had no natural light because their windows were blocked with bricks. In September the minister of justice and labor suspended the practice of putting all new arrivals at the prisons into solitary cells for a 30-day adjustment period because the practice was not consistent with the law’s assumption of innocence until proven guilty.

From January through August 2017, there were three deaths reported in prison.

Prisoners also complained of inadequate sanitation, ventilation, lighting, and heating. Not all prisoners had mattresses and beds; some slept on thin blankets on concrete floors. Shower and toilet facilities were inadequate and unsanitary; however, prison directors provided personal hygiene kits and prioritized improvements to the showers and toilets. There was standing water in the toilet and shower areas. Conditions in general were inadequate for inmates with mental disabilities or substance addictions. There were too few corrections officers to deal with the growing number of such prisoners. Conditions were markedly better for female prisoners, who generally had significantly more space and better sanitary conditions than male prisoners.

At the CCP and the central prison on Sao Vicente, inmates were separated by trial status, sex, and age, but in regional prisons lack of facilities prevented authorities from separating inmates. In the Fogo regional prison, all 11 cells and the isolation cells housed youths and adults together. In the Santo Antao regional prison, inmates were separated according to status and crime.

Most prisoners received adequate food and clean water three times per day, although prisoners in the CCP complained that the new director restricted food from outside that had been brought in to supplement prison food.

Administration: There were no prison ombudsmen to respond to complaints, but prisoners’ complaints did reach the CNDHC via regular visits by the CNDHC to the prisons, written communication from the prisoners, social media, and phone calls from prisoners to the CNDHC. Prisoners’ relatives also reported complaints to the CNDHC, and corrections officials stated all had been investigated and either disproven or corrected. To date, the CNDHC has received three complaints. Prison agents were insufficient in number and did not receive appropriate support to do their jobs. Some complained of a need for psychological support because of the emotional and physical stress of their jobs.

Prison directors at Fogo and CCP stated religious activities were permitted for all religious groups. The CCP director stated that during the year regular religious visits for Muslims were scheduled. In the regional prison on Sao Vicente, the director stated Muslim religious services sometimes fall outside of regular prison working hours for much of the staff, complicating the prison’s ability to accommodate them.

Independent Monitoring: The government permitted formal visits by international human rights monitors to the prisons and individual prisoners. Local nongovernmental organizations and members of the press made frequent visits to prisons to record conditions.

Improvements: Access to education within the prison system improved, resulting in a 100 percent graduation rate from elementary school (equivalent) in the prison of Praia and strong results in other prisons. Prison services promoted this social integration policy in conjunction with the Ministry of Education.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge in court the lawfulness of his or her arrest or detention, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police, under the control of the Ministry of Internal Affairs, is responsible for law enforcement. The Judiciary Police, under the Ministry of Justice, is responsible for major investigations. The armed forces, under the Ministry of Defense, are responsible for protecting the national territory and sovereignty of the country. Logistical constraints, including a shortage of vehicles and communications equipment, and poor forensic capacity limited police effectiveness.

Civilian authorities maintained effective control over the armed forces and police (including the Coast Guard, National Guard, National Police, and Judiciary Police), and the government had somewhat effective mechanisms to investigate and punish abuse and corruption.

There were no reports of impunity involving the security forces during the year.

Authorities investigated abuses by police, and most investigations resulted in legal action against those responsible or in the case being dismissed. In the first quarter of 2017, the National Police Council received 23 reports of police violence; most cases concerned physical abuse. The National Police Disciplinary Board reviewed the cases.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The National Police may not make arrests without a warrant issued by the Attorney General’s Office, unless police apprehend the person in the act of committing a felony. Neither the National Police nor Judiciary Police have the authority to conduct investigations unless mandated by the Attorney General’s Office. Even if there is incriminating evidence, suspected criminals are not arrested until a decision is made by the Attorney General’s Office. The law stipulates a suspect must be brought before a judge within 48 hours of arrest. In most cases, however, detainees waited longer. The CNDHC reported that detainees remanded to preventive detention on islands without prisons waited in police holding cells until they could be transferred to islands with prisons. In at least one case, a detainee in preventive detention waited four months in a holding cell on Boa Vista for transportation (ticket and escort availability). The law provides a detainee the right to prompt judicial determination of the legality of the detention, and authorities respected this right. Attorneys inform detainees of the charges against them. There is a functioning bail system. Authorities allowed detainees prompt access to family members and to a lawyer of the detainee’s choice if the detainee could afford it. For a detainee or family unable to pay, the Cabo Verdean Bar Association appoints a lawyer.

The judicial system was overburdened and understaffed, and criminal cases frequently ended when charges were dropped before a determination of guilt or innocence was made.

Pretrial Detention: The director of the CCP noted that if detainees remained six months in prison without any judicial progress, they would be released according to the law. As of September 30, there were 491 persons in preventive detention.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. The judicial system, however, was slow because it was overwhelmed by the number of cases, lacked sufficient staffing, and was inefficient.

There is a military court, which by law may not try civilians. The military court provides the same protections as civil criminal courts.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Criminal defendants enjoy the right to a presumption of innocence. They have the right to be informed promptly and in detail of the charges, with free interpretation as necessary, from the moment charged through all appeals. The law provides for the right to a fair and public nonjury trial without undue delay, but cases often continued for years. Defendants have the right to be present at their trial and to consult with an attorney in a timely manner. Free counsel is provided for the indigent in all types of cases. Defendants have adequate time and facilities to prepare a defense. Defendants have the right to confront or question witnesses against them and to present witnesses and evidence in their defense, the right not to be compelled to testify or confess guilt, and the right to appeal regional court decisions to the Supreme Court of Justice (SCJ). The law extends the above rights to all citizens.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Courts are impartial and independent and handle civil matters including lawsuits seeking damages for, or an injunction ordering the cessation of, a human rights violation. Individuals and organizations may appeal adverse domestic decisions to regional human right bodies. Both administrative and judicial remedies are available, although administrative remedies are rare.

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

The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Any foreigners residing in the country for more than three years may vote in municipal elections. Any residents from a member country of the Community of Portuguese Speaking Countries (CPLP)–which includes Angola, Brazil, Equatorial Guinea, Guinea-Bissau, Mozambique, Portugal, and Timor-Leste–may vote in municipal elections regardless of how long they have resided in Cabo Verde. Only citizens, including those living outside the country, may vote in legislative and presidential elections.

Elections and Political Participation

Recent Elections: In the 2016 legislative elections, individuals and parties were free to declare their candidacies and candidates for a total of 72 seats. The main opposition party, Movement for Democracy (MpD), won 40 seats in the National Assembly with approximately 53 percent of the vote, returning the party to power for the first time in 15 years. The former governing party, African Party for the Independence of Cabo Verde (PAICV), won 29 seats with 37 percent, and the Union for a Democratic and Independent Cabo Verde won the remaining three seats with 6 percent of the vote. International observers characterized these elections as generally free and fair.

The most recent presidential election took place in 2016. Jorge Carlos Fonseca, the MpD candidate, who had the support of the PAICV, won the election with approximately 74 percent of the vote.

Election observers from the African Union and the Economic Community of West African States (ECOWAS) characterized these elections as free, transparent, and credible. Observers noted some irregularities, however, including voters being pressured near polling stations to vote for certain candidates and allegations of vote buying.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities, and they did participate. Women’s participation fell in positions within the central government but remained somewhat high on the SCJ, and especially in prosecutorial positions. At the local level, in community associations and on city councils, women had less representation than men. Women held 17 of the 72 National Assembly seats and occupied three of the 11 cabinet-level positions in government ministries. Women filled three of the eight seats on the SCJ, including the presidency.

Section 4. Corruption and Lack of Transparency in Government

The law provides penalties of up to 15 years’ imprisonment for conviction of corruption by officials, and the government implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity, especially at the municipal level, although there were no new reports of government corruption during the year.

Corruption: Polling released by Transparency International in 2015, with data from Afrobarometer, indicated less than 25 percent of respondents believed most or all officials were corrupt. On the other hand, 61 percent responded the government was doing badly in the fight against corruption. Only 2 percent of public services users responded they paid a bribe in the 12 months preceding the survey, and none responded that they bribed a member of the National Police.

Financial Disclosure: The law sets parameters for public officials to submit declarations of interest, income, and family wealth, and regulates public discussion of this information. These declarations should include any asset worth more than 500,000 escudos ($5,380). By law failure to submit a declaration is punishable by removal from office. The SCJ must approve public disclosure of the declarations. When involved in criminal cases of alleged corruption, public officials must declare or prove the source of their income or wealth. The SCJ is in charge of monitoring the law and enforcing compliance, but enforcement was poor.

News sources reported at the beginning of the year that a large number of public figures constitutionally obliged to file disclosure information had not done so. While the laws on submission of this information are clear, implementation and consequences for failure to file may not be sufficient.

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 cases. Government officials were somewhat cooperative and responsive to their views.

Government Human Rights Bodies: The CNDHC worked to protect, promote, and reinforce human rights, citizenship, and international humanitarian law in the country. It worked on all nine inhabited islands with a network of varied organizations. The CNDHC, although independent, was inadequately staffed and funded.

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

Women

Rape and Domestic Violence: Rape of men and women is a crime punishable by eight to 16 years’ imprisonment, and domestic violence is punishable by one to five years’ imprisonment. Spousal rape is implicitly covered by the gender-based violence law; penalties for conviction range from one to five years’ imprisonment. The law focuses on increasing protection of victims, strengthening penalties for convicted offenders, and raising awareness regarding gender-based violence. The law calls for establishing several care centers, with financial and management autonomy, but implementation lagged due to inadequate staffing and financial resources. Violence and discrimination against women remained significant problems.

During the year several reports of femicide rocked the country, including an August case in Santo Antao in which a 34-year-old man killed his 19-year-old girlfriend. The couple had a four-year-old child, indicating the relationship began before she attained the age of consent of 16.

The National Police accompanied victims of sexual and gender-based violence to the hospital and escorted them to their homes to collect their belongings. Police officers helped victims go to a location where they believed they would be safe (often a family member’s home; there were only two official shelters, in Praia and Tarrafal de Santiago). Victims’ rights organizations stated police officers were sometimes not fully supportive or sensitive to the problems victims faced. Very often victims returned to their abusers due to economic and social pressures. In February a 31-year-old man killed his 21-year-old girlfriend and then himself on Fogo; there were at least three reports of similar homicide-suicides on Fogo during the year.

The government enforced the law against rape and domestic violence somewhat effectively. Nongovernmental sources lamented the lack of social and psychological care for perpetrators and survivors alike. The Cabo Verdean Institute for Equality and Equity of Gender (ICIEG) coordinated with the Attorney General’s Office in an effort to provide for all cases of sexual and domestic violence to be heard within 180 days of the filing of charges and reduce the number of perpetrators remaining with their victims while awaiting trial.

Sexual Harassment: The penal code criminalizes sexual harassment. Penalties for conviction include up to one year in prison and a fine equal to up to two years of the perpetrator’s salary. Although authorities generally enforced the law, sexual harassment was common and widely accepted in the culture.

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

Discrimination: The law provides for the same legal status and rights for women as for men, and the government somewhat enforced the law. Cultural norms and traditions, however, imposed gender roles that hindered the eradication of gender-based discrimination.

Women suffered discrimination in equal pay for equal work. Women often worked in informal jobs and lacked access to social security. The ICIEG launched a campaign with domestic workers to push for inclusion in the country’s social security system. Women, especially the working poor, struggled to maintain their professional independence when they had children. Fathers were often not present in the nuclear family. Additionally, when girls got pregnant while still in school, they nearly always dropped out and did not finish their education.

Children

Birth Registration: Citizenship is derived from one’s parents or grandparents or by birth within the country if the parents have been legal residents for five years. When those conditions are not met, and if the child does not receive citizenship from the country of at least one of its parents, the parents would need to get a lawyer to petition for an exception. Birth registration was not denied or provided on a discriminatory basis. Failure to register births did not result in denial of public services. For additional information, see Appendix C.

Education: The government provided tuition-free and universal education for all children through the eighth grade. Education is compulsory until age 15. Secondary education was tuition-free only to children whose families’ annual income was below 147,000 escudos ($1,580). School is tuition-free from preschool through higher education for children with disabilities in both public and private schools. The government subsidizes kindergarten fees through municipal governments.

Child Abuse: Laws prohibit physical, psychological, and moral violence against children, including sexual violence, but these remained problems. Penalties for child abuse include two to eight years in prison for sexual abuse of a child under age 14, increasing from five to 12 years if the abuse included penetration. Those found guilty of engaging in transactional sex with a minor under age 18 faced two to eight years in prison, four to 12 years if the sex involved penetration. The government tried to combat it through a national network that included the Cabo Verdean Institute of Childhood and Adolescence (ICCA), various police forces, the Attorney General’s Office, hospitals, local civil society organizations, and health centers. The government attempted to reduce sexual abuse and violence against children through several programs such as Dial a Complaint, the Children’s Emergency Program, Project Our House, Welcome Centers for Street Children, Project Safe Space, and the Project Substitute Family. ICCA services, however, were not permanently present on every island, and ICCA employees struggled to meet the needs of the local populations.

Legislation passed in 2015 enabling anyone who became aware of sexual violence against a child under age 14 to report the crime began to take root, and complaints increased during the year, most notably on the tourist island of Sal, although the majority of cases did not involve tourists. A string of highly public cases in which alleged perpetrators were released on bail provoked increasingly sharp criticism from the public. The ICCA provided care for the child victims, but perpetrators and alleged perpetrators received no interventions or care while awaiting trial or while in prison. Child abuse cases can linger for years in the judicial process, often leaving child victims in the same homes as their abusers.

Early and Forced Marriage: The legal minimum age of marriage is 18. For additional information, see Appendix C.

Sexual Exploitation of Children: The law punishes those that foment, promote, or facilitate “prostitution” or sexual exploitation of children age 16 and under with a penalty if convicted of four to 10 years’ imprisonment. If the victim is age 17 or 18, the penalty is two to six years’ imprisonment, which is inconsistent with international law on trafficking in persons. The law punishes those who induce, transport, or provide housing or create the conditions for sexual exploitation and commercial sexual exploitation of children age 16 and under in a foreign country with a penalty if convicted of five to 12 years’ imprisonment. If the victim is age 17 or 18, the penalty for conviction is two to eight years’ imprisonment. The law prohibits the use of children under age 18 in pornography, with penalties for conviction of up to three years’ imprisonment. The minimum legal age for consensual sex is 16. Sexual relations with a child under age 14 are considered a public crime and invoke mandatory reporting from anyone who becomes aware of the crime. Between ages 14 and 16, sexual relations are a semipublic crime and may be reported by any involved party (the minor or the minor’s parents or guardians). Sexual abuse was widely reported around the country. Alleged perpetrators often were released from detention pending trial. There were numerous unconfirmed reports of tourists engaging in transactional sex with minors and of minors engaging in prostitution for money or drugs.

The government also continued efforts to prevent the sexual exploitation of children through a national coordinating committee and the development of a code of ethics for the tourism industry. In July the Ministry of Justice and Labor swore in members of its Observatory for Monitoring and Rapid Identification of Trafficking in Persons, which includes numerous government agencies and had a key role in coordinating responses to child sex exploitation.

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 Jewish community was very small, 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 disabilities, and the government generally enforced these provisions, with problems remaining in a number of areas. For example, physical accessibility, communication means, and public transport appropriate for persons with disabilities often were lacking. The government worked with civil society organizations to implement programs to provide access for wheelchair users, including building ramps to enhance access to transportation and buildings.

According to the Ministry of Family and Social Inclusion, the ministry enrolled and subsidized children and youths with special educational needs in primary, secondary, and higher education. Persons with intellectual or mental disabilities, as determined by the Ministry of Health, are not allowed to vote, according to the National Commission for Elections, if they are deemed not to have the mental capacity to exercise that right. Crimes against persons with disabilities were investigated and processed when they were reported.

Many child victims of sexual abuse were persons with mental disabilities. Police investigated their cases with the same care they used on other cases.

The government has a quota system for granting scholarships and tax benefits to companies that employ individuals with disabilities. Nongovernmental organizations recognized these measures as partially effective in better integrating these citizens into society but also noted nonenforcement and inadequate regulations were obstacles.

Public television station Cabo Verde Television, through a partnership with the CNDHC, Handicap International, and the Cabo Verdean Federation of Associations of People with Disabilities, included in its nightly news program a sign language interpreter for deaf persons able to sign.

The law stipulates a quota of 5 percent of educational scholarships be allocated to persons with disabilities, but this quota was not reached.

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

Antidiscrimination laws exist, and state employers may not discriminate based on sexual orientation, family situation, habits and dress, health status, or membership or nonmembership in any organization. Laws prohibit discrimination in the provision of a good or service, exercising normal economic activities, and employment. The government generally enforced these laws; penalties for discriminating were up to two years in prison or a fine equal to 100-300 days’ salary. Laws do not prohibit consensual same-sex sexual conduct among adults. Persistent discrimination existed as the norm for the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community and generally took the form of public mockery and appearance-based discrimination.

During the year the country joined the Equal Rights Coalition (ERC). The ICIEG director attended the ERC ministerial meeting in Vancouver and agreed the country might be able to use its platform within the CPLP to advance LGBTI human rights.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form or join unions of their choice, to engage in collective bargaining, and to conduct legal strikes. The labor code provides for protection against antiunion discrimination and for the reinstatement of workers. Although government enforcement generally was effective, cases can continue for years, with further delay for appeals. The Directorate General for Labor (DGT) has a conciliation mechanism to promote dialogue between workers and employers on conditions of work.

The labor code designates certain jobs essential and limits workers’ ability to strike in those industries. Services provided by telecommunications, justice, meteorology, health, firefighting, postal service, funeral services, water and sanitation services, transportation, ports and airports, private security, and the banking and credit sectors are considered indispensable. The law states that the government may force the end of a strike when there is an emergency or “to ensure the smooth operation of businesses or essential services of public interest.” The law and custom allow unions to carry out their activities without interference.

During the year the National Police threatened a six-day strike in midsummer regarding allegations of unfair penalties against officers who protested working conditions in late 2017. The National Police falls into a sector with limited rights to strike, but it prepared a defense of its decision to do so in advance, garnering support from several other unions. The government negotiated an agreement with the union before the strike began.

The government respected workers’ right of freedom of association and the right to collective bargaining and effectively enforced applicable laws in the formal sector. Worker organizations were independent of the government and political parties. Penalties were adequate to deter violations of freedom of association.

Labor unions complained the government sporadically restricted the right to strike for certain critical job categories. Other observers stated the government cooperated with the unions and did not discriminate against certain job categories. According to the local press, few companies adopted collective bargaining, but the International Labor Organization (ILO) worked with local unions and government bodies to provide guidance on conducting a dialogue between parties.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced applicable laws in the formal sector. According to the Inspectorate General of Labor (IGT) 2017 report, the IGT carried out 770 inspections in response to 920 requests for intervention and did not identify any forced labor violations. The labor code prohibits forced labor, and the penal code outlaws slavery, both of which prescribe penalties for conviction of six to 12 years’ imprisonment, which was usually sufficiently stringent to deter violations.

Nevertheless, there were reports such practices occurred during the year. Migrants from China, Guinea-Bissau, Senegal, Nigeria, and Guinea may receive low wages and work without contracts, creating vulnerabilities to forced labor in the construction sector. There were incidents of child labor in domestic service and in family agricultural efforts, with children often working long hours in dangerous conditions, and at times experiencing physical and sexual abuse, indicators of forced labor (see also section 7.c.).

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 2016 National List of Dangerous Work for Children expanded, codified, and prohibited types of work in which children may not engage. The law defines the worst forms of child labor as work engaged in by children under age 15, dangerous work performed by children between ages 15 and 17, or both. The National Assembly ratified ILO Convention 138 in 2011, and the legal minimum age for work is 15. The labor code does not allow children ages 15 to 18 to work more than 38 hours a week or more than seven hours a day. The constitution provides that underage children may work only on small household tasks, in apprenticeship or training programs, or to help support the family. Children ages 16 to 18 are allowed to work overtime in an emergency but may not work more than two overtime hours a day, and these extra hours may not exceed 30 hours per year. The law permits children to perform agricultural work for the family provided that work does not compromise the child’s mental and physical development. Children under age 15 are banned absolutely from performing any street work.

Several laws prohibit child labor, and the penalties they impose were adequate, but enforcement was neither consistent nor effective. Barriers, many cultural, remained to the effective implementation of these laws. For example, not all citizens considered children working to help support their families, especially in small remote communities, as negative, even when the work by law was deemed dangerous. The government had minimal ability to monitor and enforce laws in the informal sector, estimated to represent 12 percent of the economy.

The ICCA, DGT, and IGT work on matters pertaining to child labor. The ICCA works on the promotion and defense of the rights of children and adolescents. The DGT creates labor market policy and drafts labor legislation that provides for promotion of social dialogue and reconciliation among social partners. The IGT has responsibility to monitor and enforce labor laws and enforces rules relating to labor relations. The agencies stated they had insufficient resources. During the year the government (through the three agencies) carried out training activities for local staff and awareness campaigns to combat child labor, particularly in its worst forms, and consulted with local businesses.

The first survey conducted by the National Statistics Institute on child labor in the country, conducted in 2012 and published in 2013, revealed that 7 percent of children were engaged in the worst forms of child labor. The worst forms of child labor were more common in rural areas (91 percent) than urban areas (84 percent). Child labor prevalence was also higher for boys (9 percent) than girls (5 percent).

Children engaged in street work, including water and food sales, car washing, and begging, and were vulnerable to trafficking. The risk to children depended largely on where they were located; there was considerably more child labor on some islands than others. The worst forms of child labor included street work, domestic service, agriculture, animal husbandry, trash picking, garbage and human waste transport, and at times passing drugs for adults.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, color, sex, gender, disability, language, sexual orientation, gender identity, political opinion, ethnic origin, age, HIV-positive status or having other communicable diseases, or social status. There have been no known challenges to the law.

Gender-based discrimination in employment and occupation, however, occurred (see section 6). Women generally had lower economic status and less access to management positions in public- and private-sector organizations. Women experienced inequality in political and economic participation. For instance, being a homemaker is not officially recognized as employment, and national statistics report homemakers as inactive members of the labor force. In some sectors of the formal economy, women received lower salaries than men for equal work.

The ICIEG launched a campaign to recognize housework as work and register domestic workers–overwhelmingly women–with the National Institute for Social Protection (INPS). Many domestic workers resisted formalizing because they preferred payment in cash rather than the ability to eventually access deferred benefits.

According to the 2010 census conducted by the National Statistics Institute, more than eight in 10 immigrants were active in the local economy, with a rate of 91 percent among Africans. African immigrants worked mainly in retail, services, and construction. Immigrants generally had low education and professional qualifications and little work experience; consequently, their wages tended to be lower. Most of these immigrants did not have a legal contract with their employers, and thus they did not enjoy many legal protections and often worked in unacceptable conditions. The ECOWAS charter permits labor mobility for citizens of member states. The country was criticized by its neighbors for failing to implement its charter responsibilities fully by not protecting legal ECOWAS migrants.

e. Acceptable Conditions of Work

The law stipulates a monthly minimum wage of 13,000 escudos ($140). The government defines the poverty income level as 105 escudos ($1.12) a day, making the minimum wage greater than the official estimate of the poverty income level. The law stipulates a maximum of eight hours of work per day and 44 hours per week. The law requires rest periods, the length of which depends on the work sector.

On May 1, a Senegalese man protested on Sal, claiming he and many other West African migrant workers were employed in the large resorts but did not receive regular days off. He protested alone in front of the offices of a major tourist operator.

The law sets minimum occupational and safety standards and gives workers the right to decline to work if working conditions pose serious risks to health or physical integrity. In specific high-risk sectors, such as fishing or construction, the government may and often does provide, in consultation with unions and employers, occupational safety and health rules. In general it is the employer’s responsibility to provide for a secure, healthy, and hygienic workplace. The employer must also develop a training program for workers. The CNDHC noted companies generally chose to follow these rules and that the government has insufficient resources through the IGT to enforce them.

The DGT and IGT are charged with implementing labor laws. Certain formal-sector benefits, such as social security accounts for informal workers, were enforced in the informal sector, although no penalties for violations that included fines or imprisonment were imposed during the year. The informal sector remained largely unregulated by official government actors. The government made efforts to reduce work accidents and illness at work by carrying out more inspections and awareness campaigns to promote a culture of prevention and safety at work. Six technicians worked for the DGT and 15 worked for the IGT, covering three islands (Santiago, Sao Vicente, and Sal). The IGT launched a hiring campaign to recruit five more IGT inspectors during the year. Both agencies agreed with trade unions these numbers were inadequate, and there remained a need for tighter enforcement of labor standards, especially on the more sparsely populated islands where monitoring was more difficult. Although companies tended to respect laws on working hours, many employees, such as domestic workers, health professionals, farmers, fishers, and commercial workers, commonly worked for longer periods of time than the law allows. Penalties for labor violations depend on the number of workers employed; the minimum fine is 10,000 escudos ($107) going up to 180,000 escudos ($1,935).

According to the IGT’s 2017 report, most irregularities detected during labor inspections related to nonsubscription to the INPS, nonsubscription to mandatory insurance for job injury, and some irregularities in complying with health and safety standards. Inspections revealed the most common work violations concerned the right to vacation time and the right to rest periods between work periods. The report indicated the IGT made 770 inspections, including unannounced inspections, and inspectors responded to 723 requests for intervention, conducting 414 inspection visits from January to September.

Although there were no official studies available, some sources speculated foreign migrant workers were more likely to be exploited than others. Between 17,000 and 22,000 immigrants, mostly from ECOWAS countries, were working in the country. Generally immigrants worked in civil construction, security services, hospitality, and tourism. It was common for companies not to honor migrant workers’ rights regarding contracts, especially concerning deductions for social security.

The most work-related accidents reported during the year were in the restaurant business and food services, steel industry, and the construction sectors. In September a worker with years of experience at the Frescomar fish processing plant fell into a freezing machine and sustained severe injuries to his leg. He was rushed to the hospital and received appropriate treatment. Both the IGT and the employer conducted inspections and investigations of the event.

Cameroon

Executive Summary

Cameroon is a republic dominated by a strong presidency.  The country has a multiparty system of government, but the Cameroon People’s Democratic Movement (CPDM) has remained in power since its creation in 1985.  In practice the president retains the power to control legislation.  On October 7, citizens reelected CPDM leader Paul Biya president, a position he has held since 1982.  The election was marked by irregularities, including intimidation of voters and representatives of candidates at polling sites, late posting of polling sites and voter lists, ballot stuffing, voters with multiple registrations, and alleged polling results manipulation.  On March 25, the country conducted the second senate elections in its history.  They were peaceful and considered generally free and fair.  In 2013 simultaneous legislative and municipal elections were held, and most observers considered them free and fair.  New legislative and municipal elections were expected to take place during the year; however, in consultation with the parliament and the constitutional council, President Biya extended the terms of office of parliamentarians and municipal councilors for 12 months, and general elections were expected to take place in fall 2019 or early 2020.

Civilian authorities at times did not maintain effective control over the security forces, including police and gendarmerie.

The sociopolitical crisis that began in the Northwest and Southwest Regions in late 2016 over perceived marginalization developed into an armed conflict between government forces and separatist groups.  The conflict resulted in serious human rights violations and abuses by government forces and Anglophone separatists.

Human rights issues included arbitrary and unlawful killings by security forces as well as armed Anglophone separatists; forced disappearances by security forces, Boko Haram, and separatists; torture by security forces and Anglophone separatists; prolonged arbitrary detentions including of suspected Anglophone separatists by security forces; harsh and life-threatening prison conditions; arbitrary or unlawful interference with privacy; violence and harassment targeting journalists by government agents; periodic government restrictions on access to the internet; laws authorizing criminal libel; substantial interference with the right of peaceful assembly; refoulement of refugees and asylum seekers by the government; restrictions on political participation; violence against women, in part due to government inaction; unlawful recruitment or use of child soldiers by Anglophone separatists, government-supported vigilance committees, and Boko Haram; violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and criminalization of consensual same-sex relations; child labor, including forced child labor; and violations of workers’ rights.

Although the government took some steps to identify, investigate, prosecute, or punish officials who committed human rights abuses in the security forces and in the public service, it did not often make public these proceedings, and some offenders, including serial offenders, continued to act with impunity.

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 several reports that the government or its agents committed arbitrary and unlawful killings through excessive use of force in the execution of official duties.

In July, Human Rights Watch reported that, during government operations in 12 villages in the Northwest and Southwest Regions between January and April, government security forces shot and killed more than a dozen civilians, including at least seven persons with intellectual or developmental disabilities who had difficulty fleeing.  On May 25, in Menka-Pinyin, Santa Subdivision of the Northwest Region, elements of the Gendarmerie, the 51st Motorized Infantry Brigade, and the Special Operations Group of the National Police carried out a raid on a location believed to harbor Anglophone activists, killing 27 persons, according to official sources.  Security forces battling Anglophone secessionists in the Northwest and Southwest Regions allegedly killed two clerics.  Anglophone separatists attacked and killed several dozen civilians considered loyal to the central government and members of defense and security forces in these two regions.  According to the government’s Emergency Humanitarian Assistance Plan, as of June 11, the death toll attributed to separatists within defense and security forces was 84, including 32 members of defense forces, 42 gendarmes, seven policemen, two prison guards, and one Eco-guard, some of whom were mutilated or decapitated and their bodies exhibited on social media.  Civilian victims included the following:  the chief of Esukutan in Toko Subdivision of the Southwest Region, murdered on February 5; the divisional officer for Batibo in the

Northwest, abducted on February 11 and subsequently killed; and Ashu Thomas Nkongho, discipline master of the government bilingual high school in Kossala, Meme Division of the Southwest Region, killed on school premises on April 25.  Unidentified gunmen killed a local chief in a church and a priest, supposedly because of their alleged opposition to secession by the Northwest and Southwest Regions.

Boko Haram and ISIS-West Africa (ISIS-WA) continued killing civilians, including members of vigilance committees, which were organized groups of local residents cooperating with government forces in the fight against Boko Haram, and members of defense and security forces in the Far North Region.  According to the L’Oeil du Sahel newspaper, as of June 30, at least 153 civilians and 12 members of defense and security forces had been killed in the attacks.

b. Disappearance

Government security forces were widely believed to be responsible for disappearances of suspected Anglophone separatists, with reports of bodies dumped far from the site of killings to make identification difficult.  According to credible nongovernmental organizations (NGOs), the government did not readily account for some of the activists arrested in connection with the Anglophone crisis.  Family members and friends of the detainees were frequently unaware of the missing individuals’ location in detention for a month or more.  For example, authorities held incommunicado Ayuk Sisiku Tabe, the “interim president” of the so-called Republic of Ambazonia, along with 46 other Anglophone separatists, from January 29 until late June when they were allowed to meet with their lawyers and the International Committee of the Red Cross (ICRC).

In an August 24 release, Ekombo Favien, vice president of human rights NGO

Frontline Fighters for Citizen Interests (FFCI), announced the disappearance of FFCI national president Franklin Mowha.  According to the release, Mowha arrived in Kumba, Southwest Region, on August 2 to monitor human rights abuses.  He was last seen leaving his hotel room on August 6.  Ekombo indicated that authorities had previously targeted Mowha on several occasions because of his human rights reporting.

Boko Haram insurgents kidnapped civilians, including women and children, during numerous attacks in the Far North Region.  According to L’Oeil du Sahel, as of June 30, at least 51 civilians had been victims of Boko Haram abductions, and some of them remained unaccounted for.

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

Although the constitution and law prohibit such practices, there were reports that security force members beat, harassed, or otherwise abused citizens, including separatist fighters.  Amnesty International and Human Rights Watch documented several cases in which security forces severely mistreated suspected separatists and detainees.

Amnesty International reported in July 2017 on the cases of 101 individuals whom security forces allegedly tortured between March 2013 and March 2017 in detention facilities run by the Rapid Intervention Battalion (BIR) and the General Directorate of Counter Intelligence (DGRE).  While most of the cases documented involved persons arrested in 2014 and 2015 and allegedly tortured between 2014 and 2016, Amnesty International asserted that the practice continued into 2017.  It stated that torture took place at 20 sites, including four military bases, two intelligence centers, a private residence, and a school.  Specific sites named in the report included the BIR bases in Salak, Kousseri, and Kolofata in the Far North Region, and DGRE facilities in Yaounde.  As of October the government had not shared results of its internal investigations but claimed it had investigated some, if not all, of the allegations.

Human Rights Watch documented the case of 22-year-old Fredoline Afoni, a thirdyear student at the Technical University of Bambili whom security forces beat to death on January 29.  Witnesses told Human Rights Watch that Fredoline was home near Kumbo in the Northwest Region when he received a telephone call requesting that he pick up luggage at a nearby junction.  Once at the location, persons dressed in civilian clothes forcefully took him away by truck.  A truck belonging to the gendarmerie subsequently drove through the same junction with Fredoline sitting in the back, naked and handcuffed, with signs of having been badly beaten.  Individuals reportedly appeared at a relative’s home and collected Fredoline’s laptop and cell phone.  Fredoline’s uncle subsequently discovered that he was in gendarmerie custody.  The uncle reportedly told Human Rights Watch that he discovered the victim’s naked and decaying corpse outside the local mortuary three days later.  After a postmortem examination, the medical professional who examined the body told Human Rights Watch that Fredoline died as a result of his beatings.

Social media diffused a video in June showing security force members at the

Cameroon Protestant College of Bali in the Northwest Region forcing two girls to crawl through the mud while referring to them as Ambazonian spies.  Media reports indicated that the gendarmes were arrested and placed in detention and were awaiting trial by the military tribunal, but there was no further information on the case.

Press reporting indicated there were cases of rape and sexual abuse by persons associated with the government and separatists in Anglophone regions.  For example, there were credible reports that on July 3, during security operations in Bamenda, Northwest Region, first-class soldier Mbita Arthur allegedly raped a female victim he called aside for a routine national identity check.  The soldier was arrested, although there was no further information on the case.

During the year the United Nations reported that it received five allegations of sexual exploitation and abuse against peacekeepers from Cameroon deployed in the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA).  Three cases alleged sexual exploitation (exploitative relationship, transactional sex), and three cases sexual abuse (rape), one of which involved minors.  Several allegations each referred to more than one alleged perpetrator, more than one victim, or both.  Investigations both by the United Nations and the government were pending.  Interim action by the United Nations was taken in one case.  Nine allegations reported previously were pending.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening.

Physical Conditions:  Overcrowding remained a significant problem in most prisons, especially in major urban centers.  Officials held prisoners in dilapidated, colonial-era prisons, where the number of inmates was as much as five times the intended capacity.  Prisons generally had separate wards for men, women, and children.  Authorities often held detainees in pretrial detention and convicted prisoners together.  In many prisons toilets were nothing more than common pits.  In some cases women benefitted from better living conditions, including improved toilet facilities and less crowded living quarters.  Authorities claimed to hold sick persons separately from the general prison population, but this was often not the case.

According to prison administration officials, the country had 79 operational prisons, with an intended capacity of 17,915 but which held close to 30,000 inmates as of June.  For example, the central prison in Ngaoundere, Adamawa Region, was initially designed to accommodate 150 inmates.  Successive expansions raised the capacity to 500 inmates.  As of June 19, the prison held 1,600 inmates, more than two-thirds of whom had not been convicted of any crime.  A third of the inmates were awaiting trial, hearings had begun for another third, and one-third had been convicted.

The quality of food, access to potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate.  As a result illness was widespread.  Malnutrition, tuberculosis, bronchitis, malaria, hepatitis, scabies, and numerous other untreated conditions, including infections, parasites, dehydration, and diarrhea, were rampant.  The number of deaths associated with detention conditions or actions of staff members or other authorities was unknown.

Physical abuse by prison guards and prisoner-on-prisoner violence were problems.  Corruption among prison personnel was reportedly widespread.  Visitors were at times forced to bribe wardens to be granted access to inmates.  Prisoners bribed wardens for special favors or treatment, including temporary freedom, cell phones, beds, and transfers to less crowded areas of the prisons.  Due to their inability to pay fines, some prisoners remained incarcerated after completing their sentences or after they had received court orders of release.

Administration:  Independent authorities often investigated credible allegations of mistreatment.  Visitors needed formal authorization from the state counsel; without authorization, they had to bribe prison staff to communicate with inmates.  In addition visits to Boko Haram suspects were highly restricted.  Some detainees were held far from their families, reducing the possibility of visits.  Authorities allowed prisoners and detainees to observe their religions without interference.

As in 2017, authorities allowed NGOs to conduct formal education and other literacy programs in prisons.  At the principal prison in Edea, Littoral Region, the NGO Christian Action for the Abolition of Torture sponsored a Literacy and Social Reintegration Center that provided primary and lower secondary education to inmates.  Because of the sociopolitical unrest in the Southwest Region, Human IS Right, a Buea-based civil society organization, and the NGO Operation Total Impact discontinued their formal education and reformation education program in the principal prisons in Buea and Kumba.  The central prison in Garoua, North Region, continued to run a full-cycle primary school.

Independent Monitoring:  Unlike in the previous year, the government restricted international humanitarian organizations’ access to prisoners in official prisons.

For example, as of June authorities had not allowed the ICRC access to its target prisons and detention centers.  On July 3, however, the ICRC was able to visit the 47 Anglophone separatists repatriated from Nigeria, and some of the detainees delivered messages through the organization to their families.  The National Commission on Human Rights and Freedoms (NCHRF) and the Commissions for Justice and Peace of the Catholic archdioceses also conducted prison visits but were denied access to some detention centers.  In January NCHRF members visited prisons in Monatele in the Center Region; Bertoua, Doume, and AbongMbang in the East Region; and Maroua in the Far North Region.  The NCHRF reported that it did not have access to some prisons in Yaounde, including those hosting the 47 suspected separatists repatriated from Nigeria.  The NCHRF also alleged authorities did not grant access to a victim who was shot and admitted at the Yaounde Emergency Center.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide the right to challenge the lawfulness in court of an arrest or detention.  The law states that, except in the case of an individual discovered in the act of committing a felony or misdemeanor, the officials making the arrest shall disclose their identity and inform the person arrested of the reason.  The law also provides that persons arrested on a warrant shall be brought immediately before the examining magistrate or the president of the trial court who issued the warrant, and that the accused persons shall be given reasonable access to contact their family, obtain legal advice, and arrange for their defense.  The law provides that any person who has been illegally detained by the police, the state counsel, or the examining magistrate may receive compensation.  On several occasions the government did not respect these provisions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, DGRE, Ministry of Defense, Ministry of Territorial Administration, and, to a lesser extent, presidential guard are responsible for internal security.  The Ministry of Defense–which includes the gendarmerie, army, and the army’s military security unit–reports to the Office of the Presidency, resulting in strong presidential control of security forces.  The army is responsible for external security, while the national police and gendarmerie have primary responsibility for law enforcement.  Historically the gendarmerie has responsibility in rural areas.  Increasingly in the Anglophone regions, responsibility for security in the rural areas is left to another security force, the BIR.  The BIR falls outside the purview of conventional forces.  The national police–which includes public security, judicial, territorial security, and frontier police–reports to the General Delegation of National Security (DGSN), which is under the direct authority of the presidency.  The government took some steps to hold police accountable for abuses of power.  Police remained ineffective, poorly trained, and corrupt.  Impunity continued to be a problem.

Civilian authorities maintained some control over the police and gendarmerie, and the government had some mechanisms in place to investigate and punish abuse and corruption.  The DGSN and gendarmerie investigated reports of abuse and forwarded cases to the courts.  Lesser sanctions were handled internally.  The DGSN, Ministry of Defense, and Ministry of Justice stated that members of security forces were sanctioned during the year for committing abuses, but few details were known about investigations or any subsequent accountability.

The national gendarmerie and the army have special offices to investigate abuse.  The secretary of state for defense and the minister delegate at the presidency are in charge of prosecuting abusers.  The minister delegate of defense refers cases involving aggravated theft, criminal complicity, murder, and other major offenses to the military courts for trial.

In March authorities opened an investigation into the case of taxi driver Jean Nga Mvondo, who died a few hours after the Ngousso gendarmerie brigade in Yaounde released him from detention.  Pending the outcome of the investigation, on March 23, the secretary of state in charge of the National Gendarmerie (SED) relieved the brigade commander of his duties.

As reported above, on July 24, the minister delegate for defense announced that the gendarmerie in Bamenda, Northwest Region, arrested first class soldier Mbita Arthur and referred him to the office of the Bamenda military court prosecutor.  The minister also promised to take disciplinary action against the soldier in accordance with the law.  Mbita Arthur allegedly raped a female victim on July 23.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires police to obtain a warrant before making an arrest, except when a person is caught in the act of committing a crime, but police often did not respect this requirement.  The law provides that detainees be brought promptly before a magistrate, although this often did not occur.  Police may legally detain a person in connection with a common crime for up to 48 hours, renewable once.  This period may, with the written approval of the state counsel, be exceptionally extended twice before charges are brought.  Nevertheless, police and gendarmes reportedly often exceeded these detention periods.  The law also permits detention without charge for renewable periods of 15 days by administrative authorities such as governors and civilian government officials serving in territorial command.  The law provides for access to legal counsel and family members, although police frequently denied detainees access to both.  Contrary to the wide-reaching antiterror law, civilian law prohibits incommunicado detention, but it occurred, especially in connection with the sociopolitical unrest in the two Anglophone regions.  The law permits bail, allows citizens the right to appeal, and provides the right to sue for unlawful arrest, but these rights were seldom respected.  On August 8, Supreme Court Chief Judge Daniel Mekobe Sone commissioned the first members of the Compensation Commission for Illegal Detention, a body created to provide citizens with recourse if they believe they were wrongfully detained.

Arbitrary Arrest:  Police, gendarmes, BIR soldiers, and government authorities reportedly continued to arrest and detain persons arbitrarily, often holding them for prolonged periods without charge or trial and at times incommunicado.  “Friday arrests,” a practice whereby individuals arrested on a Friday typically remained in detention until at least Monday unless they paid a bribe, continued.  There were several reports by media and NGOs that police or gendarmes arrested persons without warrants on circumstantial evidence alone, often following instructions from influential persons to settle personal scores.  There were also credible reports that police or gendarmes arbitrarily arrested persons during neighborhood sweeps for criminals and stolen goods or arrested persons lacking national identification cards, especially in connection with the Anglophone crisis and the fight against Boko Haram.

There were credible reports that authorities held some suspects in the Anglophone crisis for long periods without notifying them of the charges.  For example, authorities detained Sisiku Ayuk Tabe, the president of the Anglophone separatist movement, and 46 others incommunicado and without official charge for close to six months.  The suspects were arrested in Nigeria on January 5 and extradited to Cameroon on January 25.  Defense lawyers considered the arrest and extradition illegal and filed an application for immediate release with the Mfoundi High Court in Yaounde.  On August 30, the judge dismissed the application on procedural grounds.  The court eventually heard the case on November 1 and delivered a verdict denying the release of Sisiku Ayuk Tabe and the nine other leaders of the Anglophone separatist movement on November 15.

Pretrial Detention:  The law provides for a maximum of 18 months’ detention before trial, but many detainees waited years to appear in court.  No comprehensive statistics were available on pretrial detainees.  According to prison authorities, as of June the central prison in Ngaoundere, Adamawa Region, housed approximately 1,600 inmates, two-thirds of whom were pretrial detainees and appellants.  Some pretrial detainees had been awaiting trial for more than two years.  The increase in pretrial prison populations was due in large part to mass arrests of Anglophone activists and persons accused of supporting Boko Haram, staff shortages, lengthy legal procedures, lost files, administrative and judicial bottlenecks, including procedural trial delays, corruption, negligence, and court fees.

The NGO Human IS Right documented the case of 24-year-old Beng Pascal Ngong, who was detained without judgement at the Buea Central Prison for more than 26 months.  Police arrested Beng in 2015 for allegedly not possessing a national identity card, an offense punishable with imprisonment from three to 12 months, a fine of 50,000 to 100,000 CFA francs ($85 to $170), or both.  Following a habeas corpus request filed by the NGO Human IS Right, judicial authorities ultimately released Beng on March 21, after more than double the duration of the sentence he would have served had he been prosecuted and convicted.  Until his release Beng Pascal had never appeared before a judge.

e. Denial of Fair Public Trial

The constitution and law ostensibly provide for an independent judiciary, but the judiciary is under and often controlled by the president and, by proxy, the ruling party.  Individuals reportedly accused innocent persons of crimes, often due to political motivations, or caused trial delays to settle personal scores.  Authorities generally enforced court orders.

Musa Usman Ndamba, the national vice president of the Mbororo Social and

Cultural Development Association (MBOSCUDA), was prosecuted for

“propagation of false information” and “false oath,” although he submitted strong evidence that he was not associated with the offense.  He continued to suffer judicial harassment by Baba Ahmadou Danpullo, a businessman and member of the central committee of the ruling CPDM, who pressured the court to continue to hear the case after various instances in which it had been dismissed.  On May 11, the Court of First Instance in Bamenda sentenced Usman Ndamba to six months’ imprisonment and a fine of 500,000 CFA francs ($850) after more than 60 hearings that began in 2013.  Human rights defenders believed Danpullo used the judicial system to discourage Usman Ndamba from defending the rights of the minority Mbororo community of nomadic cattle herders.

Despite the judiciary’s partial independence from the executive and legislative branches, the president appoints all members of the bench and legal department of the judicial branch, including the president of the Supreme Court, and may dismiss them at will.  The court system is subordinate to the Ministry of Justice, which in turn is under the president.  The constitution designates the president as “first magistrate,” thus “chief” of the judiciary, making him the legal arbiter of any sanctions against the judiciary.  The constitution specifies the president is the guarantor of the legal system’s independence.  He appoints all judges, with the advice of the Higher Judicial Council.  While judges hearing a case are technically to be governed only by the law and their conscience as provided for by the constitution, in some matters they are subordinate to the minister of justice or to the minister in charge of military justice.  With approval from the minister of justice, the Special Criminal Court may drop charges against a defendant who offers to pay back the money he is accused of having embezzled, which essentially renders the act of corruption free of sanctions.

Military courts may exercise jurisdiction over civilians for offenses including the following:  offenses committed by civilians in military establishments; offenses relating to acts of terrorism and other threats to the security of the state, including piracy; unlawful acts against the safety of maritime navigation and oil platforms; offenses relating to the purchase, importation, sale, production, distribution, or possession of military effects or insignia as defined by regulations in force; cases involving civil unrest or organized armed violence; and crimes committed with firearms, including gang crimes, banditry, and highway robbery.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair and public hearing, without undue delay, in which the defendant is presumed innocent, but authorities did not always respect the law.  Criminal defendants have the right to be informed promptly and in detail of the charges, with free assistance of an interpreter.  Many pretrial suspects were treated as if they were already convicted, frequently held in the same quarters as convicted criminals, and denied visits.  Defendants have the right to be present and to consult with an attorney of their choice, but in many cases the government did not respect this right, particularly in cases of individuals suspected of complicity with Boko Haram or Anglophone separatists.  When defendants cannot pay for their own legal defense, the court may appoint counsel at the public’s expense; however, the process was often burdensome and lengthy, and the quality of legal assistance was poor.  Authorities generally allowed defendants to question witnesses and to present witnesses and evidence on their own behalf.  Defendants have the right to adequate time and facilities to prepare a defense and not to be compelled to testify or confess guilt.  Defendants may appeal convictions.  In at least one case, authorities did not give the victim a chance to confront the offender and present witnesses and evidence to support his case.

In August the High Court for Mfoundi in Yaounde allegedly released a person suspected of trafficking in persons who had been in pretrial detention since 2016.  The victim, Lilian Mbeng Ebangha, returned from Kuwait in 2015 and filed a lawsuit against her alleged trafficker, a pastor of Shiloh Liberation Ministries International.  After preliminary investigations the case was sent to trial in 2016 and thereafter had more than 20 adjournments.  Each time a hearing was scheduled in Yaounde, Ebangha travelled from Douala to attend.  The alleged offender was released in August or September, but it was unconfirmed whether there was a court decision on the matter.  The victim stated that her trafficker had called her to inform her of his release.

POLITICAL PRISONERS AND DETAINEES

There were no reports of newly identified political prisoners or detainees, and no statistics were available on the number of political prisoners.  Previously reported political prisoners were detained under heightened security, often in SED facilities.

Some were allegedly held at DGRE facilities and at the principal prisons in Yaounde.  The government did not permit access to such persons on a regular basis, or at all, depending on the case.

Former minister of state for territorial administration Marafa Hamidou Yaya, convicted in 2012 on corruption charges and sentenced to 25 years’ imprisonment, remained in detention.  In May 2016 the Supreme Court reduced the sentence to 20 years.  In June 2016 the UN Working Group on Arbitrary Detention issued a decision qualifying Marafa’s detention “a violation of international laws” and asked the government to immediately free and compensate him for damages suffered.  The United Nations noted there were multiple irregularities in the judicial procedure.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens and organizations have the right to seek civil remedies for human rights violations through administrative procedures or the legal system; both options, however, involved lengthy delays.  Individuals and organizations may appeal adverse decisions domestically or to regional human rights bodies.  There were no reports that the government had failed to comply with civil case court decisions pertaining to human rights.  A number of labor rights-related cases involving government entities were ongoing as of the end of August.

PROPERTY RESTITUTION

The government continued to compensate relocated families over the past few years in connection with infrastructure projects, including the Kribi Sea Port and the Yaounde-Douala highway projects.  There were no reported developments in the cases of corrupt officials who had misappropriated money the government had earmarked for compensation previously.  There was no report of intentional targeting of particular groups for discriminatory treatment.

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

Although the constitution and law prohibit arbitrary interference with privacy, family, home, or correspondence, these rights were subject to restriction for the “higher interests of the state,” and there were credible reports police and gendarmes abused their positions by harassing citizens and conducting searches without warrants.

The law permits a police officer to enter a private home during daylight hours without a warrant only if pursuing a person suspected of or seen committing a crime.  Police and gendarmes often did not comply with this provision and entered private homes without warrant whenever they wished.

An administrative authority, including a governor or senior divisional officer, may authorize police to conduct neighborhood sweeps without warrants, and this practice occurred.

Police and gendarmes sometimes sealed off a neighborhood, systematically searched homes, arrested persons, sometimes arbitrarily, and seized suspicious or illegal articles.  For example, in the early hours of July 10, police and gendarmes conducted a cordon-and-search operation in the neighborhoods of Ndobo at Bonaberi in the Douala IV Subdivision, Littoral Region, arrested dozens of individuals, and detained those found in possession of, or consuming, narcotics.  On July 26, police conducted a similar operation in the neighborhood of Biyem Assi in Yaounde 6 Subdivision.  They searched houses, requested residents to produce receipts for appliances found in their possession and in some cases confiscating those for which the occupants could not produce receipts, and arrested dozens of individuals.  In both cases security forces detained citizens without national identity cards until their identities could be established.  The areas in question have a high concentration of Anglophones, and most of the individuals arrested in the July 10 and 26 incidents were Anglophones.  Anecdotal reports suggested that with the protracted insecurity in some regions, authorities often forcefully accessed private communications and personal data by exploiting the telephones and computer devices of targeted individuals, during both cordon-andsearch and regular identity-control operations.

On September 28 police and gendarmes conducted raids in various neighborhoods in Yaounde.  Police raided neighborhoods with heavy Anglophone populations, setting up temporary checkpoints and requesting citizens to provide identification.  Some individuals were required to enter a security vehicle and were brought to local police stations, where their identities were verified once more before being released.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The government limited and restricted freedoms of peaceful assembly and association.

FREEDOM OF PEACEFUL ASSEMBLY

Although the law provides for freedom of peaceful assembly, the government often restricted this right.  The law requires organizers of public meetings,

demonstrations, and processions to notify officials in advance but does not require prior government approval of public assemblies, nor does it authorize the government to suppress public assemblies that it has not approved in advance.  Nevertheless, officials routinely asserted the law implicitly authorizes the government to grant or deny permission for public assemblies.  The government often refused to grant permits for gatherings and used force to suppress assemblies for which it had not issued permits.  Authorities typically cited “security concerns” as the basis for deciding to block assemblies.  The government also prevented civil society organizations and political parties from holding press conferences.  Police and gendarmes forcibly disrupted meetings and demonstrations of citizens, trade unions, and political activists throughout the year, arrested participants in unapproved protests, and blocked political leaders from attending protests.

On March 9, in Yaounde, police arrested approximately 20 women who participated in a rally, holding up a banner that read, “Stand Up for Cameroon.”  According to the organizers of the rally, including Edith Kabang Walla, the president of the Cameroon People’s Party (CPP), the event was aimed to call attention to the deteriorating sociopolitical situation in the country.  Police released the women after keeping them for a few hours at the judicial police’s regional headquarters.

Authorities also banned some political rallies.  In April the divisional officer of Fokoue in Menoua Division, West Region, banned a meeting meant to encourage voter registration by the CRM opposition party.  The CRM claimed they notified the divisional officer that they were organizing an event on April 11.  This event would have been 10th in a series organized in conjunction with Elections Cameroon, the organization that oversees and administers elections, to encourage more persons to register to vote.  The divisional officer initially told CRM leaders the meeting might not be authorized because April 11 was a market day.  On April 9, he reportedly changed his mind and instead referred CRM’s leaders to the mayor, whom he said had control over the market place.  Organizers said they had contacted the mayor, who said she had planned to conduct a tax collection exercise in the market that day and turned down the request.  Further, in June the mayor of Bagangte banned a rally by the CRM at the local ceremonial ground and reportedly justified his decision by saying that the ceremonial ground was meant only for exceptional events and official ceremonies.  CRM officials said the ruling CPDM held a meeting at the venue a few days earlier.  Authorities also banned rallies by the CRM in Baham and Bandjoun in the West Region.

FREEDOM OF ASSOCIATION

The constitution and law provide for freedom of association, but the law also limits this right.  On the recommendation of the senior divisional officer, the Ministry of Territorial Administration may suspend the activities of an association for three months on the grounds that the association is disrupting public order.  The minister may also dissolve an association if it is deemed a threat to state security.  National associations may acquire legal status by declaring themselves in writing to the ministry, but the ministry must explicitly register foreign associations and religious groups.  The law imposes heavy fines for individuals who form and operate any such association without ministry approval.  The law prohibits organizations that advocate a goal contrary to the constitution, laws, and morality, as well as those that aim to challenge the security, territorial integrity, national unity, national integration, or republican form of the state.

Conditions for recognition of political parties, NGOs, or associations were complicated, involved long delays, and were unevenly enforced.  This resulted in associations operating in legal uncertainty, their activities tolerated but not formally approved.

Unlike in 2017 the government did not ban any organizations during the year.  On July 18, however, Minister of Territorial Administration Paul Atanga Nji unilaterally designated three political figures as spokespersons for three opposition political parties, disregarding these parties’ own hierarchies and internal elections.  The minister stated the three parties, the Cameroon People’s Party (CPP), the

Union of the Peoples of Cameroon (UPC), and the African Movement for a New Independence and Democracy (Manidem), were suffering from persistent internal crises.  He urged administrative command officers nationwide to authorize only events organized by the appointees.  On July 20, all three appointed leaders joined 17 other nominally “opposition” leaders to rally with their parties behind President Biya for the October 7 presidential election.

c. Freedom of Religion

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

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.  President Biya and the majority CPDM party, however, exerted strong influence over key elements of the political process, including the judiciary and Elections Cameroon (ELECAM), the election organizing body.

Elections and Political Participation

Recent Elections:  In the senate and presidential elections held during the year, the

CPDM garnered the majority of votes, except in the Northwest, where it lost to the Social Democratic Front (SDF).  The CPDM remained dominant in state institutions, partially due to strategic redrawing of voter districts, use of government resources for campaigning, interference with the right of opposition parties to organize and publicize views during electoral campaigns, and privileges associated with belonging to the ruling party.

The country conducted a presidential election on October 7, against the backdrop of protracted sociopolitical unrest in the two Anglophone regions and insecurity in the Far North due to attacks by Boko Haram and ISIS-WA.  Eight candidates took part in the election; a ninth dropped out just before election day to support a rival opposition candidate.  The election was marred by irregularities, including intimidation of voters and representatives of candidates at polling sites, late posting of polling sites and voter lists, ballot stuffing, voters with multiple registration, and a lack of transparency in the vote tallying process.  In the countdown to the election, government-sponsored media outlets CRTV and Cameroon Tribune produced three times as much programming for the president as for the other eight candidates; in addition the ruling party violated the electoral code by blanketing cities with larger than regulation-sized campaign posters.  While not illegal under law, government workers and financial resources were committed to supporting the incumbent’s campaign.  President Biya was re-elected with 71.28 percent of votes cast.

On March 25, the country held its second senate elections.  The ruling CPDM won 63 of the 70 elected seats, while the opposition SDF won seven elected seats.  The president, in accordance with the constitution, appointed an additional 30 senators, including 24 from the CPDM, two from the National Union for Democracy and Progress (UNDP), and one each from four other nominal opposition parties, including Union of the People of Cameroon (UPC), National Alliance for Democracy and Progress (ANDP), Movement for the Defense of the Republic

(MDR), and Cameroon National Salvation Front (FSNC).  Overall, seven political parties were represented in the senate.  The March 25 senate elections were considered peaceful and within the boundaries of the legal framework that heavily favors the ruling party.

In 2013 the country held simultaneous legislative and municipal elections, with 29 parties participating in the legislative elections and 35 in the municipal elections.  The CPDM won 148 of 180 parliamentary seats and 305 of 360 municipal council positions.  New legislative and municipal elections were expected during the year.  In July the parliament adopted, and the president promulgated, a law to extend the term of office of members of the National Assembly by one year.  On July 11, the president signed a decree extending the term of office of municipal councilors for 12 months, effective from October 15.

Political Parties and Political Participation:  As of September the country had 305 registered political parties.  Membership in the ruling political party conferred significant advantages, including in the allocation of key jobs in state-owned entities and the civil service.  The president appoints all ministers, including the prime minister, the governors of each of the 10 regions, and important lower-level members of the 58 regional administrative structures.  The president also appoints 30 of the 100 senators, and most of the appointees were from the ruling party.

Human rights organizations and opposition political actors considered the drawing of voter districts and distribution of parliamentary or municipal councilors’ seats unfair, stating that it is not fair to begin with and does not take changes in population into account.  Consequently, smaller districts sometimes were allocated more seats than more populated constituencies.  Managers of state-owned companies and other high-level government officials used corporate resources to campaign for candidates sponsored by the ruling party in both senate and presidential elections to the detriment of the other candidates.  Traditional rulers, who receive salaries from the government, openly declared their support for President Biya prior to the presidential election.  Further, authorities frequently sought excuses not to grant opposition parties permission to hold rallies and meetings, while the ruling CPDM held meetings at will.

Participation of Women and Minorities:  No laws limit participation of women or members of minorities in the political process.  The law provides that lists of candidates for legislative and municipal elections should take into account the sociological components of the constituency, including gender.  Cultural and other factors, however, reduced women’s political participation compared to that of men.

Women remained underrepresented at all levels of government.  Two women submitted their candidacy for the October 7 presidential election, but neither met the requirements.  Women occupied 26 of 374 council mayor positions; 81 of 280 parliamentary seats; 11 of 63 cabinet positions; and other senior level offices, including territorial command and security and defense positions.  With the voting age set at 20, youth older than age 18 and younger than 20 are not allowed to vote.  The minority Baka, a nomadic Pygmy people, were not represented in the senate, national assembly, or higher offices of government.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively and often used it to settle political scores.  The penal code identifies different offenses as corruption, including influence peddling, involvement in a prohibited employment, and nondeclaration of conflict of interest.  Reporting of corruption is encouraged through exempting whistleblowers from criminal proceedings.  Corruption in official examinations is punishable by up to five years’ imprisonment, fines up to two million CFA francs ($3,400), or both.  During the year the National Anti-Corruption Commission (CONAC) instituted a toll-free number to encourage citizens to denounce acts of corruption of which they were victims or witnesses.  In addition there were a number of organizations under a common platform known as the National Platform of Cameroonian Civil Society Organizations, which under the 2018 Finance Law was provided a budget of 150 million CFA francs ($255,000).  The funds were to permit the organization to monitor the implementation of projects by government entities to confirm that resources disbursed are used appropriately.  Nevertheless, corruption remained pervasive at all levels of government.  The judiciary was not always free to independently investigate and prosecute corruption cases.

Corruption:  The government continued Operation Sparrow Hawk, which was launched in 2006 to fight corruption, including embezzlement of public funds.  As in the previous year, the Special Criminal Court (SCC) opened new corruption cases and issued verdicts on some pending cases.  On May 4, the SCC placed Emmanuel Lebou, Hamadou Haman, and Aïssatou Boullo Bouba in pretrial detention at Yaounde Central Prison.  Authorities accused the three officials from the ministries of finance and communication of fraudulent manipulation of government payrolls, including payments of fictitious salaries and other allowances, which resulted in losses worth hundreds of millions of CFA francs (several thousand dollars).  In August the SCC delivered its verdict in the prosecution case against Doumana Louis Roger, the former transport delegate for the Northwest Region, and Ayafor Mefor Quita Fozo, a contractor with the Ministry of Transport.  They were under prosecution since 2016 for misappropriating fiscal revenues at the Northwest Regional Delegation of Transport in Bamenda.  The accused were sentenced to 15 and 10 years in prison, respectively, and were required to pay jointly more than 156 million CFA ($265,000) to the public treasury.

Financial Disclosure:  The constitution requires senior government officials, including members of the cabinet, to declare their assets, but a law passed to implement this provision had itself never been implemented.

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

A number of domestic and international human rights groups investigated and published findings on human rights cases.  Overturning an earlier decision not to allow them back in the country, the government issued visas to allow Amnesty International and Human Rights Watch personnel to return to present their reports on human rights abuses to the government and to hear its views.  As in previous years, however, government officials impeded the effectiveness of many local human rights NGOs by harassing their members, limiting access to prisoners, refusing to share information, and threatening violence against NGO personnel.  Human rights defenders and activists received anonymous threats by telephone, text message, and email.  The government took no action to investigate or prevent such occurrences.  The government criticized reports from international human rights organizations, including Amnesty International, Human Rights Watch, and the International Crisis Group, accusing them of publishing baseless accusations with the intention of discrediting the government and military.  Despite these restrictions, numerous independent domestic human rights NGOs continued operations to the best of their ability, although many reported that government threats and intimidation limited their ability to operate in the country.

There were several reports of intimidation, threats, and attacks aimed at human rights activists, including members of the Network of Human Rights Defenders in Central Africa (REDHAC), Nouveaux Droits de l’Homme (NDH), the Mandela Center, and Front Line Fighters for Citizens’ Interests (FFCI), among others.  FFCI executive president Franklin Mowha was reported missing as of August 6 while he was on a business trip to the Southwest Region.  FFCI officials and Mowha’s family members alleged that authorities were informed but failed to investigate the case.  As of late October, his family members did not have any information concerning his whereabouts and feared he might have been killed.

Government Human Rights Bodies:  The National Commission on Human Rights and Freedoms (NCHRF) is an independent, government-funded institution for consultation, monitoring, evaluation, dialogue, concerted action, promotion, and protection of human rights.  The NCHRF was established by a 1990 presidential decree and was subsequently given more powers following the passage of a 2004 law.  The NCHRF, however, is limited to making recommendations to competent authorities and can take no action itself.  The commission publishes yearly reports on the human rights environment and may engage in research, provide education, coordinate actions with NGOs, and visit prisons and detention sites.  NGOs, civil society, and the general population considered the NCHRF dedicated and effective, albeit inadequately resourced and with insufficient ability effectively to hold human rights violators to account.  Its budget was far smaller than that of most other agencies with comparable status, such as the National Anti-Corruption Commission and Election Cameroon.

The National Assembly’s Constitutional Laws, Human Rights and Freedoms, Justice, Legislation, Regulations, and Administration Committee was adequately resourced and reviewed the constitutionality of proposed legislation, but it was not an effective check on the ruling party’s initiatives.  The parliament generally failed to address the Anglophone crisis, resulting in a protest by opposition Social Democratic Front representatives during the March ordinary session of parliament.

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

Women

Rape and Domestic Violence:  The law criminalizes rape of men and women and provides penalties of between five and 10 years of imprisonment for convicted rapists.  Police and courts, however, rarely investigated or prosecuted rape cases, especially since victims often did not report them.  The law does not address spousal rape.

The law does not specifically prohibit domestic violence, although assault is prohibited and punishable by imprisonment and fines.

Female Genital Mutilation/Cutting (FGM/C):  The law protects the bodily integrity of persons, and the 2016 penal code prohibits genital mutilation of all persons.  Whoever mutilates the genitals of another person is subject to a prison sentence of from 10 to 20 years, or imprisonment for life if the offender habitually carries out this practice for commercial purposes or the practice causes death.  FMG/C remained a problem, but its prevalence remained low.  As in the previous year, children were reportedly subjected to FGM/C in isolated areas of the Far North, East, and Southwest Regions and among the Choa and Ejagham ethnic groups.

According to the Minister of Women’s Empowerment and the Family, the government fully adopted a UN General Assembly resolution on the intensification of the global action aimed at eliminating FGM/C.  For more than 10 years, the government has carried out initiatives to end FGM/C.  These include granting support for the socioeconomic reconversion of male and female excision practitioners and creating local committees to fight against the phenomenon in areas of high prevalence, such as the Southwest and Northern Regions.

Other Harmful Traditional Practices:  Widows were sometimes forcibly married to one of their deceased husband’s relatives to secure continued use of property left by the husband, including the marital home.  To protect women better, including widows, the government included provisions in the 2016 penal code outlawing the eviction of a spouse from the marital home by any person other than the other spouse.

Sexual Harassment:  The law prohibits sexual harassment.  Offenders can be imprisoned for periods of six months to one year and may be fined between 100,000 and one million CFA francs ($170 and $1,700).  If the victim is a minor, the penalty can be between one to three years in prison.  If the offender is the victim’s teacher, they may be sentenced to between three and five years in prison.  Despite these legal provisions, sexual harassment was widespread, and there were no reports that anyone was fined or imprisoned for sexual harassment.

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

Discrimination:  The constitution provides for the same legal status and rights for women and men; in practice, however, women did not enjoy the same rights and privileges as men.  Although local government officials including mayors claimed women had access to land in their constituencies, the overall sociocultural practice of denying women the right to own land, especially through inheritance, was prevalent in most regions.  The government did not implement any official discriminatory policy against women in such areas as divorce, child custody, employment, credit, pay, owing or managing business or property, education, the judicial process, and housing.  Although women and men have equal employment rights, fewer women occupied positions of responsibility.  Furthermore, anecdotal reports suggest some gender discrimination occurred in places of employment, especially in the private sector.

Children

Birth Registration:  Children derive citizenship through their parents, and the responsibility to register birth falls upon parents.  Many births go unregistered because children are not always born in health facilities, and many parents face challenges in reaching local government offices.

Education:  The law provides for tuition-free compulsory primary education but does not set an age limit.  The law punishes any parent with sufficient means who refuses to send his or her child to school with a fine between 50,000 to 500,000 CFA francs ($85 and $850).  The punishment is imprisonment from one to two years in cases in which the offense is repeated.  Children were generally expected to complete primary education at age 12.  Secondary school students had to pay tuition and other fees in addition to buying uniforms and books.  This rendered secondary education unaffordable for many children.

During the year numerous separatist attacks on the education sector in the Southwest and Northwest Regions, including arson attacks on school facilities and physical assaults on administrative staff, faculty and students, disrupted the normal operation of schools.  Many students and teachers were absent during the 2017-18 school year.  According to estimates by the UN Office for the Coordination of Humanitarian Affairs (OCHA), 42,500 children were still out of school as of May.

In June, UNICEF reported that at least 58 schools in the Northwest and Southwest

Regions had been damaged since the beginning of the crisis in 2016.  Human Rights Watch documented 19 threats or attacks on schools and 10 threats or attacks on education personnel.

In September individuals believed to be Anglophone separatists perpetrated a series of attacks aimed at disrupting the start of the 2018-19 school year in certain localities of the Northwest and Southwest Regions.  During the night of September 1, the headmaster of the Bamali primary school in Ngoketunjia Division in the Northwest Region was killed.  On September 3, separatists abducted six students from the Presbyterian Girls Secondary School in Bafut, Mezam Division in the Northwest Region, along with their principal.  They later released the students and principal, who had been subjected to torture.  On September 4, a dozen individuals stormed a high school in Kumbo, Bui Division, in the Northwest Region and vandalized the administrative building, forcing teachers and students to run for safety.  On the same day, St Joseph’s Secondary School in Fako Division in the Southwest Region was attacked.

Child Abuse:  The law prohibits various forms of child abuse, including but not limited to assault, indecency, kidnapping, forced labor, rape, sexual harassment, and cloud on parentage, which refers to a situation where one parent refuses to disclose the identity of the other parent to the child.  Penalties for the offenses range from 10,000 CFA francs ($17) for forced labor to imprisonment for life in the case of assault leading to death or grievous harm.  Despite these legal provisions, child abuse remained a problem.  Children continued to suffer corporal punishment, both within families and at school.  In addition Boko Haram continued to abduct children and used them as suicide bombers.  Press reports cited cases of child rape and the kidnapping of children for ransom.  In its April 20 edition, Mutation Daily reported that Reseau National des Associations de Tantines (RENATA), an association working with girls who have become mothers due to early pregnancy, had received 18 reports of sexual abuse of minors since January.

Early and Forced Marriage:  The minimum legal age for marriage is 18.  Despite the law, according to UNICEF’s March 2018 child marriage data, 31 percent of women between the ages of 20 and 24 were married before they turned 18, and of these, 10 percent were married before they turned 15.  The law punishes anyone who compels an individual to marry with imprisonment of from five to 10 years, and with fines between 25,000 and one million CFA francs ($42.50 to $1,700).  By law mitigating circumstances may result in a reduction in punishment, but the final penalty may not be less than a two-year prison sentence.  The court may also take custody from parents who give away their underage children in marriage.  Despite these legal provisions, a number of families reportedly tried to marry off their girls before age 18.  To tackle the issue, the Ministry of Women’s Empowerment and Family (MINPROFF) organized sensitization campaigns to warn of the problems of early and forced marriages.  MINPROFF conducted these campaigns nationally around major commemorative days, such as the International Day of the Girl Child and International Women’s Day.  At the local level, MINPROFF established women’s empowerment centers in most divisions where grassroots sensitization activities took place.

Sexual Exploitation of Children:  The law prohibits the commercial sexual exploitation of children, including child pornography.  A conviction, however, requires proof of a threat, fraud, deception, force, or other forms of coercion.  Penalties include imprisonment of between 10 and 20 years and a fine of between 100,000 and 10 million CFA francs ($170 to $17,000).  The law does not specifically provide a minimum age for consensual sex.  According to anecdotal reports, children younger than age 18 were exploited in commercial sex, especially by restaurant and bar promoters, although no statistics were available.

Child Soldiers:  The government did not recruit or use child soldiers, but government-affiliated civil defense forces employed child soldiers.  Boko Haram continued to use child soldiers, including girls, in its attacks on civilian and military targets.  There were also some reports that Anglophone separatists in the Southwest and Northwest Regions used children to combat government defense and security forces.  In presenting the government humanitarian emergency action plan in July, the prime minister stated that separatists were recruiting children into their ranks and forcing them to fight after consuming drugs and undergoing cultlike rituals.

Infanticide or Infanticide of Children with Disabilities:  There were no reports of infanticide of children with disabilities.  According to human rights activists and media outlets, including newspapers Le Messager, Mutations, and Nouvelle Expression, local residents found the head of a decapitated child in a garbage bin on August 27 in the Yaounde neighborhood of Mvog Ebanda, commonly known as “Eleveur.”  Investigations led to the identification of the mother of the child as the perpetrator of the crime.

Displaced Children:  Many displaced children continued to live on the streets of major urban centers, although the trend was in decline as a result of stringent security measures and the amended penal code that criminalizes vagrancy.  According to the International Organization for Migration, approximately 65 percent of IDPs in Far North Region were children younger than 18.  These children faced many challenges, including limited access to school, health, and protection.  In addition thousands of children were negatively impacted by the humanitarian crisis in the Northwest and Southwest.  These children faced significant violations of their rights by armed forces and nonstate armed actors alike.  The government had not established structures to ensure that internally displaced children were protected from forceful recruitment by nonstate armed groups and terrorist organizations.

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/InternationalParentalChildAbduction/forproviders/legalreportsanddata.html.

Anti-Semitism

The Jewish community was very small, and there were no known reports of antiSemitic 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 constitution protects the rights of all persons, including persons with disabilities.  A 2010 law provides additional protection to persons with physical, sensory, intellectual, or mental disabilities.  The protections under the law cover access to education and vocational training, employment, health services, information and cultural activities, communications, buildings, sports and leisure, transportation, housing, and other state services.  Public education is tuition-free for persons with disabilities and children born of parents with disabilities.  Initial vocational training, medical treatment, and employment must be provided “when possible,” and public assistance “when needed.”  The government did not enforce all these provisions effectively in the past.  On July 26, the prime minister issued a decree spelling out a framework for implementing the 2010 law.

There were no reports of police or other government officials inciting, perpetrating, or condoning violence against persons with disabilities during the reporting period.  The majority of children with disabilities attended school with nondisabled peers.  The government introduced inclusive education in many schools and reviewed the curriculum of teacher training colleges to include training in inclusive education skills.  Other children with disabilities continued to attend specialized schools such as the Bulu Blind Center in Buea and the Yaounde Special School for Hearing Impaired Children (ESEDA).

National/Racial/Ethnic Minorities

The population consists of more than 275 ethnic groups.  Members of the president’s Beti/Bulu ethnic group from the South Region held many key positions and were disproportionately represented in the government, state-owned businesses, and security forces.

Indigenous People

An estimated 50,000 to 100,000 Baka, including Bakola and Bagyeli, resided primarily in (and were the earliest known inhabitants of) the forested areas of the South and East Regions.  The government did not effectively protect the civil or political rights of either group.  Logging companies continued to destroy their naturally forested land without compensation.  Other ethnic groups often treated the Baka as inferior and sometimes subjected them to unfair and exploitative labor practices.  The government continued long-standing efforts to provide birth certificates and national identity cards to Baka.  Most Baka did not have these documents, and efforts to reach them were impeded by the difficulty in accessing their homes deep in the forest.

There were credible reports from NGOs that the Mbororo, itinerant pastoralists living mostly in the North, East, Adamawa, and Northwest Regions, were subject to harassment, sometimes with the complicity of administrative or judicial authorities.

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

Consensual same-sex sexual activity, including between adults, is illegal and punishable by a prison sentence lasting between six months and five years and a fine ranging from 20,000 to 200,000 CFA francs ($34 to $340).

LGBTI rights organizations such as the Cameroonian Foundation for AIDS

(CAMFAIDS), Humanity First Cameroon, Alternatives Cameroon, National Observatory of the Rights of LGBTI Persons and Their Defenders, and others reported several arrests of LGBTI persons.  LGBTI individuals received anonymous threats by telephone, text message, and email, including of “corrective” rape, but authorities did not investigate allegations of harassment.  Civil society members stated there were also cases where LGBTI individuals underwent corrective rape, sometimes through the facilitation of the victim’s own family.  Police were generally unresponsive to requests to increase protection for lawyers who received threats because they represented LGBTI persons.  Both police and civilians reportedly continued to extort money from presumed LGBTI individuals by threatening to expose them.

The law does not explicitly prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care.  The constitution provides for equal rights for all citizens.  In practice, however, security forces sometimes harassed persons on the basis of their real or perceived sexual orientation or gender identity, including individuals found with condoms and lubricants.  This practice and the fear it generated in turn restricted access to HIV/AIDS services.  Anecdotal reports also suggested some discrimination occurred in places of employment with respect to sexual orientation.

In an April 25 release, the Observatory for the Protection of Human Rights

Defenders, in partnership with the World Organization against Torture and the International Federation of Human Rights (FIDH), denounced the arrest and arbitrary detention of five staff members of the association Avenir Jeune de l’Ouest (AJO).  AJO promoted the rights of LGBTI persons with HIV and sex workers in the West Region.  According to the release, men in civilian clothing from the territorial police, on April 20, arrested the executive director and two other members of AJO, including a care worker, as they were leaving the organization’s premises.  On April 21, two additional care workers from the organization were arrested at their places of residence.  Police did not have warrants and took the five members of AJO to the Dschang central police station, where they experienced poor detention conditions on charges related to consensual same-sex conduct.  In connection with this incident, 18 other men were arrested.  For the first time in many years, authorities in the West Region introduced the prospect of forced anal exams for the 23 arrestees.  The men were ordered to undergo such exams, but after intense advocacy by the lawyer representing the men, together with diplomatic pressure, the matter was dropped.  The men did not have access to their lawyers until April 24.

In a midterm report covering the period from January to May, Alternatives Cameroon recorded 64 cases of violence against LGBTI individuals, including three cases of arbitrary detention, 30 cases of psychological violence, one case of sexual violence, 18 cases of physical violence, and 12 cases of blackmail and extortion.

HIV and AIDS Social Stigma

Persons afflicted with HIV or AIDS often suffered social discrimination and were isolated from their families and society due to social stigma and lack of education on the disease.

As in the previous year, while there were no specific cases of discrimination to highlight in employment, anecdotal reports indicated some discrimination occurred with respect to HIV status, especially in the private sector.

Other Societal Violence or Discrimination

Several cases of vigilante action and other attacks were reported during the year.  Several arson attacks were recorded, involving the destruction of both public and private property.  On January 21, in Nkambe, in the Donga and Mantung Division of Northwest Region, unidentified men set the dormitory section of St Rita’s Secondary School on fire after the management defied the school boycott called for by separatists in the Anglophone regions.

On April 28, on the outskirts of Muyuka, Southwest Region, three gunmen on motorbikes shot and killed Sophie Mandengue Maloba, a pregnant schoolteacher.  The incident occurred three days after a similar attack on a school in Kumba took place where assailants riding motorcycles shot and killed the discipline master of the government bilingual high school and chopped off three fingers of a student.

The October presidential election triggered a wave of ethnic-tinged hate speech on social media after Cameroon Renaissance Movement candidate Maurice Kamto prematurely announced he won the election.  These attacks mostly split along tribal lines, with Kamto’s Bamileke and President Biya’s Beti ethnic groups the primary targets.

The law provides for sentences of between two and 10 years’ imprisonment and fines of between 5,000 and 100,000 CFA francs ($8.50 and $170) for witchcraft.  There were no reported arrests or trials for alleged witchcraft reported during the year.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes.  This does not apply to groups including defense and national security personnel, prison administration civil servants, and judicial and legal personnel.  The law also prohibits antiunion discrimination and requires the reinstatement of workers fired for union activity.

Statutory limitations and other practices substantially restricted these rights.  The law does not permit the creation of a union that includes both public- and privatesector workers or the creation of a union that includes different, even if closely related, sectors.  The law requires that unions register with the government, permitting groups of no fewer than 20 workers to organize a union by submitting a constitution and by-laws; founding members must also have clean police records.  The law provides for heavy fines for workers who form a union and carry out union activities without registration.  More than 100 trade unions and 12 trade union confederations operated, including one public-sector confederation.  Trade unions or associations of public servants may not join a foreign occupational or labor organization without prior authorization from the minister responsible for “supervising public freedoms.”

The constitution and law provide for collective bargaining between workers and management as well as between labor federations and business associations in each sector of the economy.  The law does not apply to the agricultural or informal sectors, which included the majority of the workforce.

Legal strikes or lockouts may be called only after conciliation and arbitration procedures have been exhausted.  Workers who ignore procedures to conduct a legal strike may be dismissed or fined.  Before striking, workers must seek mediation from the Ministry of Labor and Social Security at the local, regional, and ministerial levels.  Only if mediation fails at all three levels can workers formally issue a strike notice and subsequently strike.  The law allowing persons to strike does not apply to civil servants, employees of the penitentiary system, or workers responsible for national security, including police, gendarmerie, and army personnel.  Instead of strikes, civil servants are required to negotiate grievances directly with the minister of the appropriate department in addition to the Minister of Labor and Social Security.  Arbitration decisions are legally binding but were often unenforceable if one party refused to cooperate.

Employers guilty of antiunion discrimination are subject to fines of up to approximately one million CFA francs ($1,700).

Free Industrial Zones are subject to labor law, except for the following provisions: the employers’ right to determine salaries according to productivity, the free negotiation of work contracts, and the automatic issuance of work permits for foreign workers.

The government and employers did not effectively enforce the applicable legislation on freedom of association and the right to collective bargaining.  Penalties for violations were rarely enforced and were ineffective as a deterrent.  Administrative judicial procedures were infrequent and subject to lengthy delays and appeals.  The government and employers often interfered in the functioning of workers’ organizations.  The government occasionally worked with nonrepresentative union leaders to the detriment of elected leaders, while employers frequently used hiring practices such as subcontracting to avoid hiring workers with bargaining rights.  Blacklisting of union members, unfair dismissal, promotion of employer-controlled unions, and threatening workers trying to unionize were common practices.

Collective agreements are binding until after a party has given three months’ notice to terminate.  Workers’ representatives alleged that the minister of labor and social security often negotiated collective agreements with trade unionists who had nothing to do with the sectors concerned and did not involve trade union confederations that prepared the draft agreements.  Following staff representative elections conducted during the year, Syndicat National Libre des Dockers et Activites Connexes du Cameroun (Free National Union of Dockers and Related Activities of Cameroon-SYNALIDOACC) won 14 of the 20 dockers’ delegate seats, thus becoming the majority union at the Douala Sea Port, under the leadership of Voundi Ebale Jean Pierre.  Oumarou Mouansie, the former dockers’ spokesperson, refused to transfer leadership to the new team.  The minister of labor and social security did not involve Voundi in the process leading to the new collective agreement.  Unionized members of the new team alleged they were victims of discrimination by the Douala Autonomous Port (PAD) authorities, especially in terms of job assignments.

For example, the government continued to undermine the leadership of the Confederation Syndicale des Travailleurs du Cameroun (CSTC), one of the 12 trade union confederations elected in 2015, by continuing to cooperate with former leaders of the CSTC.  Jean Marie Zambo Amougou, the former leader, continued to use the title “President of the CSTC” despite a January 2017 court decision ordering him to stop doing so with immediate effect.  Despite the court decision, the minister of labor and social security continued to view Zambo Amougou as the official representative of the CSTC.  The minister reportedly invited him to meetings and sent all CSTC correspondence to Amougou to the detriment of CSTC’s legitimate leader, Andre Moussi Nolla, and other new leaders, and in spite of multiple complaints by the CSTC.  The CSTC tabled the issue before the administrative court in Yaounde early in the year.  During a June 15 hearing session, the administrative tribunal declined jurisdiction to hear and rule on the case.

As in 2017, trade unionists reported on officials prohibiting the establishment of trade unions in the officials’ private businesses, including Fokou, Afrique Construction, Eco-Marche, and Quifferou, or otherwise hindering union operations.  Some companies based in Douala II, IV, and V and in Tiko (Southwest Region), retained 1 percent of unionized workers’ salaries as union dues but refused to transfer the money to trade unions.

As in 2017, many employers frequently used hiring practices such as subcontracting to avoid hiring workers with bargaining rights.  Workers’ representatives stated most major companies, including parastatal companies, engaged in the practice, citing the electricity company Energy of Cameroon, the water company Camerounaise des Eaux, cement manufacturer Cimencam, Guinness, Aluminum Smelter (Alucam), and many others.  Subcontracting was reported to involve all categories of personnel, from the lowest to senior levels.  As a result workers with equal expertise and experience did not always enjoy similar advantages when working for the same business; subcontracted personnel typically lacked a legal basis to file complaints.

A number of strikes were announced during the year.  Some were called off after successful negotiation, some were carried out without problems, while others faced some degree of repression.  Workers’ grievances generally involved poor working conditions, including lack of personal protective equipment, improper implementation of collective agreements, and nonpayment of salary arrears or retirement benefits.  Workers also often complained of illegal termination of contracts, lack of salary increases, and failure of employers to properly register employees and pay the employer’s contribution to the National Social Insurance Fund, which provides health and social security benefits.

In April 2017 the government delegate to the Douala City Council suspended 11 workers’ representatives affiliated with the Wouri Divisional Union of Council Workers following a strike they held that same month.  Employees of the City Council in Douala demanded health insurance for themselves and their immediate relatives.  The government delegate fired the complainants but was overruled by the minister of labor and social security.  The government delegate, however, did not reinstate the employees in their positions.  In February the workers staged a hunger strike requesting their reinstatement and 10 months’ arrears, but the strike failed to bring about a positive outcome.  On September 27, the Littoral Court of Appeals delivered a verdict requesting that the government immediately reinstate and pay the salaries of the 11 workers’ representatives.  The court threatened to impose a fine of 20,000 CFA francs ($34) per day for any delay.  As of midNovember, the 11 workers’ representatives had not been reinstated, nor had they received their salaries following the court’s decision.

Dockers from PAD staged a series of strikes on February 13, June 22, and June 25, after unsuccessful negotiations with authorities.  The dockers first went on strike in May 2017 and reached a poststrike agreement with their employer, the Groupement Professionnel des Acconiers du Cameroun (GPAC), to improve working conditions.  Because their employer did not fulfill promises made, the dockers went on strike again on June 22 and were dispersed with tear gas.  They staged yet another strike on June 25, despite a strong deployment of security forces, to denounce what they referred to as an “advanced state of slavery” imposed by their employer.  Specific grievances included the lack of salary increases, insurance coverage, family allowances, and fair distribution of work, among others.  Anecdotal evidence suggested that a few striking dockers sustained injuries.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced and compulsory labor.  The law prohibits slavery, exploitation, and debt bondage and voids any agreement in which violence was used to obtain consent.  Violations of the law are punishable by prison terms of five to 20 years and fines ranging from 10,000 to 10 million CFA francs ($17 to $17,000).  In cases of debt bondage, penalties are doubled if the offender is also the guardian or custodian of the victim.  The law also extends culpability for all crimes to accomplices and corporate entities.  Although the statutory penalties are fairly severe, the government did not enforce the law effectively, due to lack of knowledge of trafficking and limited labor inspection and remediation resources.  In addition, due to the length and expense of criminal trials and the lack of protection available to victims participating in investigations, many victims of forced or compulsory labor resorted to accepting amicable settlement.

There continued to be anecdotal reports of hereditary servitude imposed on former slaves in some chiefdoms in the North Region.  Many Kirdi, whose ethnic group was heavily of Christian and traditional faiths and who had been enslaved by the Muslim Fulani in the 1800s, continued to work for traditional Fulani rulers for compensation, while their children were free to pursue schooling and work of their choosing.  Kirdi were also required to pay local chiefdom taxes to Fulani, as were all other subjects.  The combination of low wages and high taxes, although legal, effectively constituted forced labor.  While technically free to leave, many Kirdi remained in the hierarchical and authoritarian system because of a lack of viable options.

In the South and East Regions, some Baka, including children, continued to be subjected to unfair labor practices by Bantu farmers, who hired the Baka at exploitive wages to work on their farms during the harvest seasons.  The NGO Mandela Center documented the case of Mohounga Paul Alias, who resided in a Baka camp, died in December 2017 after he fell from the roof of a Bantu family house in an attempt to escape from captivity.

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 worst forms of child labor and sets 14 as the minimum age of employment.  The law prohibits children from working at night or longer than eight hours per day, it and enumerates tasks children younger than 18 cannot legally perform, including moving heavy objects, undertaking dangerous and unhealthy tasks, working in confined areas, and prostitution.  Employers are required to train children between ages 14 and 18.  Because compulsory education ends at age 12, children who are not in school and not yet 14 are particularly vulnerable to child labor.  In addition laws relating to hazardous work for children younger than age 18 are not comprehensive, since they do not include prohibitions on work underwater or work at dangerous heights.  The government, however, earmarked funds for the Ministry of Labor and Social Security to revise the hazardous work list during the year.  The law provides penalties ranging from fines to imprisonment for those who violate child labor laws.

The Ministry of Social Affairs and the Ministry of Labor and Social Security are responsible for enforcing child labor laws through site inspections of registered businesses.  The government did not effectively enforce the law in all sectors.  Authorities did not allocate sufficient resources to support an effective inspection program.  Fines were not sufficient to deter violations, and court action was often ineffective, but workers’ organizations reported child labor was not a major problem in the formal sector.

The use of child labor, including forced labor, in informal sectors remained rampant.  UNICEF’s 2014 Multiple Indicator Cluster Survey indicated that 47 percent of children ages five to 14 were engaged in labor.  Children working in agriculture frequently were involved in clearing and tilling the soil and harvesting crops, such as bananas and cocoa.  In the service sector, children worked as domestic servants and street vendors.  Children, including refugee children from the Central African Republic, worked at artisanal mining sites under dangerous conditions.  Children were also forced to beg by adults, often by their parents to provide additional income for the household.  According to anecdotal reports, child labor, especially by refugee children, was prevalent in the building construction sector.  Chinese firms based in the country also reportedly used local child labor in the manufacture of children’s shoes.  In March 2017 the government convened a three-day assessment of the 2014-17 Decent Work Country Program and provided training to labor inspectors, including on child labor issues.  During the year the government also increased the number of labor inspectors from 132 to 286, but this number was still insufficient for the size of the workforce.

Parents viewed child labor as both a tradition and a rite of passage.  Relatives often brought rural youth, especially girls, to urban areas to exploit them as domestic helpers under the pretense of allowing them to attend school.  In rural areas many children began work at an early age on family farms.  The cocoa industry and cattle-rearing sector also employed child laborers.  These children originated, for the most part, from the Far North, North, Adamawa, West, and Northwest Regions.

The Ministry of Social Affairs, in collaboration with the Ministry of Territorial Administration and the national police, continued to implement activities to sensitize parents to the negative impact of child labor.  In June authorities in Kribi, in the Ocean Division of the South Region, conducted an operation leading to the identification of at least 21 children, ages six to 13 years, who were selling items on the city’s streets.  Police took the children to the Kribi central police station, where they registered and held the children until they could notify the parents.  Police interrogated the parents, informed them of the risks to which their children were exposed, and warned them they would be prosecuted if the children returned to the streets.  The operation was in line with a decision taken two years earlier by the senior divisional officer for Ocean Division to ban commercial activities by children in his jurisdiction.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child  labor/findings/ . 

d. Discrimination with Respect to Employment and Occupation

The law contains no specific provisions against discrimination, but the constitution in its preamble provides that all persons shall have equal rights and obligations and that every person shall have the right and the obligation to work.  Discrimination in employment and occupation allegedly occurred with respect to ethnicity, HIV status, disability, gender, and sexual orientation, especially in the private sector.  Ethnic groups often gave preferential treatment to members of their respective ethnic group members in business and social practices, and persons with disabilities reportedly found it difficult to secure and access employment.  There were no reliable reports of discrimination against internal migrant or foreign migrant workers, although anecdotal reports suggested such workers were vulnerable to unfair working conditions.  The government took no action to eliminate or prevent discrimination and kept no records of incidents.

e. Acceptable Conditions of Work

The minimum wage in all sectors is 36,270 CFA francs ($62) per month, greater than the World Bank’s international poverty line of $1.90 per day.  Premium pay for overtime ranges from 120 to 150 percent of the hourly rate, depending on the amount of overtime and whether it is weekend or late-night overtime.  Despite the minimum wage law, employers often negotiated with workers for lower salaries, in part due to the extremely high rate of underemployment in the country.  Salaries lower than the minimum wage remained prevalent in the public-works sector, where many positions required unskilled labor, as well as in the domestic work sector, where female refugees were particularly vulnerable to unfair labor practices.

The law establishes a standard workweek of 40 hours in public and private nonagricultural firms and a total of 2,400 hours per year, with a maximum limit of 48 hours per week in agricultural and related activities.  There are exceptions for guards and firefighters (56 hours a week), service-sector staff (45 hours), and household and restaurant staff (54 hours).  The law mandates at least 24 consecutive hours of weekly rest.

The law mandates paid leave at the employer’s expense at the rate of one and onehalf working days for each month of actual service.  For persons younger than age 18, leave accrues at the rate of two and one-half days per month of service.  A maximum of 10 days per year of paid special leave, not deductible from annual leave, is granted to workers on the occasion of immediate family events.  For mothers, leave is generally increased by two working days for each child in the household younger than age six.

The government sets health and safety standards in the workplace.  The minister in charge of labor issues establishes the list of occupational diseases in consultation with the National Commission on Industrial Hygiene and Safety.  These regulations were not enforced in the informal sector.  The labor code also mandates that every enterprise and establishment of any kind provide medical and health services for its employees.  This stipulation was not enforced.  By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.  Representatives for dockers claimed that, in the event of an accident at work, the employer allows treatment for two months and fires the victim if he or she does not recover.

The Ministry of Labor and Social Security is responsible for national enforcement of the minimum wage and workhour standards, but it did not enforce the law.  Ministry inspectors and occupational health physicians are responsible for monitoring health and safety standards, but the ministry lacked the resources for a comprehensive inspection program.  Penalties were insufficient to deter violations.  Although there were ministries tasked with upholding the labor laws, resources were inadequate to support their mission.  For example, the city of Douala, which has six subdivisions, hundreds of companies, and thousands of employees, had only one labor inspectorate, which was generally poorly staffed.

Canada

Executive Summary

Canada is a constitutional monarchy with a federal parliamentary government. In a free and fair multiparty federal election held in 2015, the Liberal Party, led by Justin Trudeau, won a majority of seats in the federal parliament, and Trudeau formed a government at the request of the governor general.

Civilian authorities maintained effective control over the security forces.

Human rights issues included reports of deadly violence against women, especially indigenous women, which authorities investigated and prosecuted.

There was no impunity for officials who committed violations, and the government took steps to identify, investigate, prosecute, and punish them.

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

b. Disappearance

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

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

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

Prison and Detention Center Conditions

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

Physical Conditions: There were no major concerns cited in prisons and detention centers regarding physical conditions. Adults and juveniles were held separately, although minors were held with their parents in immigration detention centers as an alternative to splitting families.

Civil society groups challenged federal and some provinces’ use of solitary confinement in the court system. The cases limited solitary confinement of the mentally ill and recommended caps on the length of time an inmate can be placed in solitary confinement. In May 2017 the federal correctional investigator or ombudsman for federally sentenced offenders reported an estimated 400 federal inmates were in solitary confinement on any given day and reported the average length of stay for men at 22 days (down from 35 days in previous years), and for women an average of 10 days. The average time inmates spent in solitary confinement also fell in part due to assignment of high-needs inmates to treatment programs and specialized units for mental care, drug addiction, or other factors as an alternative to segregation.

In July an Ottawa man filed suit against the Ontario government for a mental health breakdown he alleged occurred after spending 18 months in solitary confinement while on remand awaiting trial.

On January 5, the Royal Canadian Mounted Police (RCMP) indicted two correctional officers for manslaughter and criminal negligence causing the in-custody death of Matthew Hines, who died from asphyxiation in 2015 after being repeatedly pepper sprayed. On April 25, both defendants pleaded not guilty, and their cases were pending trial as of October 1.

Administration: Independent authorities investigated credible allegations of inhumane behavior and documented the results of such investigations in a publicly accessible manner.

Independent Monitoring: The government permitted visits by independent nongovernmental human rights observers.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court; the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

National, provincial, and municipal police forces maintain internal security. The armed forces are responsible for external security but in exceptional cases may exercise some domestic security responsibility at the formal request of civilian provincial authorities. The RCMP reports to the Department of Public Safety, and the armed forces report to the Department of National Defense. Provincial and municipal police report to their respective provincial authorities. The Canada Border Services Agency reports to the Department of Public Safety and Emergency Preparedness and is responsible for enforcing immigration law. Civilian authorities maintained effective control over the RCMP and provincial and municipal police forces, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities generally relied upon warrants in the apprehension of persons. A judge can issue a warrant if satisfied a criminal offense might have been committed. A person arrested for a criminal offense has the right to a prompt, independent judicial determination of the legality of the detention. Authorities respected this right. Authorities provided detainees with timely information on the reason for the arrest and provided prompt access to a lawyer of the detainee’s choice, or, if the detainee was indigent, a lawyer provided by the state without restriction. Bail generally was available. Authorities may hold persons under preventive detention for up to seven days, subject to periodic judicial review. Suspects were not detained incommunicado or held under house arrest.

e. Denial of Fair Public Trial

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

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and the independent judiciary generally enforced this right. Trials are held before a judge alone or, for more serious cases, before a judge and jury. Defendants have the right to a timely trial, to be present at their trial, and to consult with an attorney of their choice in a timely manner. The government provides an attorney at public expense if needed when defendants face serious criminal charges, and defendants may confront or question witnesses against them and present witnesses and evidence on their behalf. Defendants and their attorneys generally had adequate time and facilities to prepare a defense. Defendants also enjoy a presumption of innocence, the right to be informed promptly and in detail of the charges against them (with free interpretation as necessary), the right not to be compelled to testify or confess guilt, and the right of appeal.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters and access to a domestic court to bring a suit seeking damages for, or cessation of, a human rights violation. Remedies can be monetary, declaratory, or injunctive. Federal or provincial human rights commissions may also hear alleged human rights violations. Individuals may also bring human rights complaints to the United Nations or Inter-American Commission on Human Rights.

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

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

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

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Durable Solutions: The government accepted refugees for resettlement from third countries and facilitated local integration (including naturalization), particularly of refugees in protracted situations. The government assisted the safe, voluntary return of refugees to their homes.

Temporary Protection: The government also provided temporary protection (in the form of temporary residence permits) to persons who may not qualify as refugees.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In 2015, following a free and fair election, the Liberal Party won a majority of seats in the federal parliament and formed a national government.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate. The government of New Brunswick provided financial incentives to political parties to field female candidates in provincial elections.

Section 4. Corruption and Lack of Transparency in Government

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

Financial Disclosure: By law public officeholders, including elected members of the executive branch and their staffs and designated senior nonelected officials, must disclose information about their personal financial assets. These declarations, as well as an annual report, are available to the public through regular reports from a commissioner for conflict of interest and ethics. The commissioner may impose an administrative monetary penalty for noncompliance, but the law does not provide for criminal sanctions. Members of the legislative branch are not required to disclose financial holdings but must recuse themselves from voting or conducting hearings on matters in which they have a pecuniary interest. Provincial governments provide independent audits of government business and ombudsman services.

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

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: Federal and provincial human rights commissions enjoyed government cooperation, operated without government or party interference, and had adequate resources. Observers considered the commissions effective. Parliamentary human rights committees operated in the House of Commons and the Senate. The committees acted independently of government, conducted public hearings, and issued reports and recommendations to which the government provided written, public, and timely responses. Most federal departments and some federal agencies employed ombudsmen. Nine provinces and one territory also employed ombudsmen.

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

Women

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

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

According to the government’s statistical agency, indigenous women were three times more likely than nonindigenous women to experience violent abuse and, according to the RCMP, were four times more likely to be victims of homicide. Civil society groups also claimed federal and subnational governments failed to allocate adequate resources to address these cases.

The federal government launched an independent national inquiry into the issue of missing and murdered indigenous women in 2016 with a mandate to report by the end of 2018. In March the inquiry body requested a two-year extension of its mandate and an additional 50 million Canadian dollars (C$) ($38.4 million) budget, but on June 5, the federal government granted a limited extension to allow the inquiry to submit its final report by April 30, 2019, and to end all operations by June 30, 2019. The inquiry is a collaborative federal-provincial exercise, and the federal government stated some provincial governments did not agree to extend the mandate for hearings, leaving only the option of extra time for writing the report. As of August, in addition to increased funding for the inquiry, the federal government allocated C$37.1 million ($28.5 million) for health-support services, family support, police investigative services, and a commemorative fund for victims in response to the inquiry’s interim reports. Indigenous and other critics criticized the inquiry for a slow work schedule.

Police received training in treating victims of domestic violence, and agencies provided hotlines to report abuse. In 2017 the RCMP, Ontario and Quebec provincial police services, and various municipal police forces announced reviews of their handling of sexual assault allegations. This review followed an investigative media report analyzing 870 police jurisdictions between 2010 and 2014 that found police dismissed complaints of sexual assault as “unfounded” without laying charges at an average national rate of 19 percent, with reported rates as high as 60 percent in some jurisdictions. As of December 2017, police had placed more than 37,000 case files under review across the country, of which they had reopened 402 cases of sexual assault previously deemed “unfounded” and determined 6,348 sexual assault cases had been misclassified. Some participating police forces announced they had initiated, or would launch, new training programs on policing sexual violence and its impact on victims. The same month a study by the national statistical agency of sexual assault cases between 2009 and 2014 across the country found one in five sexual assault cases substantiated by police went to court and an estimated one in 10 resulted in a conviction. The study estimated 5 per cent of sexual assaults in the country were reported to authorities. On January 19, the province of Nova Scotia hired two new prosecutors dedicated solely to sexual violence cases and to providing advice and specialized training to other Nova Scotia prosecutors.

The government’s Family Violence Initiative involved 15 federal departments, agencies, and crown corporations, including Status of Women Canada, Health Canada, and Justice Canada. These entities worked with civil society organizations to eliminate violence against women and advance women’s human rights. In 2017 the government launched a national strategy to prevent and address gender-based violence, budgeting C$101 million ($77.6 million) over five years to create a center of excellence within Status of Women Canada for research, data collection, and programming. In June the 2018 federal budget allocated an additional C$86 million ($66 million) over five years, starting in 2018-19, and C$20 million ($15.4 million) per year thereafter, to expand the strategy with a focus on preventing teen dating violence, bullying, and cyberbullying; health care for victims; investigative policing; police training; research; funding for rape crisis and sexual assault centers; and programs to prevent gender-based violence in postsecondary educational institutions. Provincial and municipal governments also sought to address violence against women, often in partnership with civil society.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls and prosecutes the offense, including parents of minors, as aggravated assault with a maximum penalty of 14 years’ imprisonment. FGM/C was practiced on occasion in the country, predominantly in diaspora communities. While internal government reports obtained by media organizations asserted that FGM/C practitioners and victims often travelled to a third country to provide the illegal procedure, officials also sought to prevent the entry of FGM/C practitioners into Canada. In 2016 the government instructed border services officers to monitor inbound baggage for FGM/C equipment and to be aware of young female nationals returning from regions where they may be subjected to the practice.

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

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

Discrimination: Women have the same legal status and rights in the judicial system as men, and the government enforced the rights effectively. On May 1, the federal government passed legislation requiring companies in federally regulated sectors to file annual reports on the gender and racial diversity of their boards and on their diversity policies. The government reported women accounted for 48 percent of the workforce but held an estimated 14 percent of all seats on domestic corporate boards and an estimated 22 percent of seats in Financial Post 500 companies. Seven provinces and two territories require private-sector companies to report annually on their efforts to increase the number of women appointed to executive corporate boards. The government’s statistical agency reported hourly wages for women were, on average, lower than for men but that the wage gap had narrowed over the past two decades. On May 25, the Ontario government passed legislation to require employers to report salaries broken down by gender and other factors to promote transparency in pay and help close a gender wage gap. The measures apply first to the provincial public service and are to extend to private-sector employers in a staggered rollout over three years based on organizations’ number of employees.

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

Indigenous women and men living on reserves are subject to the Indian Act, which defines status for the purposes of determining entitlement to a range of legislated rights and eligibility for federal programs and services. In December 2017 the federal government eliminated inequalities in the act that had prevented indigenous women from transmitting officially recognized Indian status to their descendants on the same basis as indigenous men. The change resulted from a 2015 Superior Court of Quebec ruling that the act violated equality rights provided for in the country’s constitution.

Children

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

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

Early and Forced Marriage: The law establishes 16 years as the legal minimum age of marriage. Early marriages were not known to be a major problem. The law criminalizes the removal of a child from the country for the purpose of early and forced marriage and provides for court-ordered peace bonds, which may include surrendering of a passport, to disrupt an attempt to remove a child for that purpose.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, and offering or procuring a child for child prostitution and practices related to child pornography. Authorities enforced the law effectively. The minimum age of co